Brett Kavanaugh

The Corruption Of The Supreme Court, With Five Appointees By Presidents Who Lost The Popular Vote!

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With the likelihood that Amy Coney Barrett will be successfully confirmed to be the replacement of Associate Justice Ruth Bader Ginsberg on the Supreme Court, we are about to have a Court with five appointees by Presidents who lost the national popular vote, but still won the Electoral College.

George W. Bush lost the national popular vote to Vice President Al Gore in 2000 by a 540,000 margin, but was able to select Chief Justice John Roberts and Associate Justice Samuel Alito in 2005 and 2006.

And now Donald Trump, who lost the national popular vote to Hillary Clinton in 2016, by a 2.85 million margin, has been able to select Associate Justices Neil Gorsuch in 2017, Brett Kavanaugh in 2018, and now Amy Comey Barrett in 2020.

And even more infuriating is that three of these five appointees helped the George W. Bush campaign in the Bush V Gore Supreme Court case, assisting him winning the case in a majority Republican selected Court in December 2000–specifically, John Roberts, Brett Kavanaugh, and Amy Comey Barrett!

And the right wing Federalist Society, which has been on a 40 year campaign to make the federal court system move to the extreme right on such issues as health care, abortion, gay marriage, gun rights, so called freedom of religion, deregulation of the economy and the environment, suppression of voting rights and labor rights, has fully succeeded in its campaign to undermine American democracy and a sense of humanity!

So when one complains from the right side of the political spectrum at the “horror” of Democrats “packing the Court” if they were to add seats to the Supreme Court, one has to say the level of hypocrisy is enormous, when that has been the commitment for four decades of the Right in American politics.

And who can say that if the Republicans were to win control of both houses of Congress and the Presidency, that they would not be willing to promote “packing of the Court’, so that they could add two to four more seats to the Supreme Court, and make the Court not just the 6-3 margin it will now be, but possibly 8-3 or 10-3, if two to four seats were to be added!

And one more point: Two of the six member Republican majority have had sexual misconduct hanging over their heads, although it has not affected their tenure on the Court, speaking specifically of Clarence Thomas and Brett Kavanaugh. So the ethical and moral standing of the Court has been damaged irrevocably!

But do the conservatives and the Federalist Society care about this? Not one iota!

We Are On The Way To The Most Reactionary Right Wing Supreme Court Since The 1930s

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In the 1930’s, Franklin D. Roosevelt had the most reactionary right wing Supreme Court, working to undermine the New Deal.

This led him to promote the so called “Court Packing Plan” in 1937, to add six new Justices for each one over 70, but the Congress, controlled by his own party, but having a strong Southern conservative contingent, promoted its defeat.

Now, eight decades later, America is on the brink of having the most reactionary right wing Court since then, with the nomination of Amy Coney Barrett by President Donald Trump.

Already, the Supreme Court has four Justices appointed by Presidents who lost the popular vote, and now they will have a majority, if Barrett is approved, which is likely.

And Barrett does not believe in the doctrine of “Stare Decisis”, the legal principle of determining points in litigation based upon earlier precedents.

Instead, she has very strong personally held beliefs, tied to her strong Catholic faith, and her involvement in a religious charismatic Christian group called “People of Praise”, which preaches that the man is the leader of the family over the wife.

This is very concerning, because she seems likely to wish to overturn many precedents and laws that have been upheld, in unison with others on the Court who have right wing views, including Clarence Thomas, Samuel Alito, and Brett Kavanaugh.

The reliability of Chief Justice John Roberts and Associate Justice Neil Gorsuch is uncertain, as both, and particularly, Roberts have surprised on some decisions.

So a potential 6-3 Court on many cases could end up 5-4 in favor of the right wing, or possibly 5-4 with the three liberal appointments on the Court, but it seems more likely that the possible so called “best” outcome is at least 5-4 conservative.

So that means the Affordable Care Act, coming up for review in November after the election, could be gutted.

Also in danger are cases involving women’s rights, abortion rights, gay rights, labor rights, religious issues favored by conservatives, voting rights, Presidential authority, environmental laws, consumer laws, and the overall regulatory state promoted since the New Deal of FDR and the Great Society of Lyndon B. Johnson, as well as agencies formed under Richard Nixon and later Presidents through Barack Obama.

So we are involved in a crisis constitutionally which could destroy much of what the federal government has done in the past century of American history, and all brought about by Justices appointed under questionable circumstances by Republicans who do not follow rules except when it favors them, and by Republican Presidents George W. Bush and Donald Trump, who failed to win the national popular vote, and by Justices who, in the case of Thomas and Kavanaugh had major issues with private behavior with women.

And with Justice Stephen Breyer being 82, and Justice Sonia Sotomayor having issues with her health (diabetes), two of the three liberals on the Court could be replaced if Donald Trump or a future Republican President gains the opportunity!

Hope That At Least Four Republican Senators Will Delay A Vote To Replace Ruth Bader Ginsburg

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This is a very depressing time, and Donald Trump and Mitch McConnell are adding to it by the outrageous rapid move to promote a Supreme Court nominee to replace Ruth Bader Ginsburg so quickly.

With only six weeks until the election, and with the normal period before the process for a Supreme Court nominee being about 75 days, what is the hurry to do this?

In 2016, the Republicans refused to consider a Supreme Court nominee for an entire year, rather than allow Barack Obama to put Merrick Garland on the Supreme Court!

The argument was that in the year of a Presidential election, no replacement for the Court should be considered.

If the Court could do with eight members for a year, then they can do with only 8 members until January, when the next inauguration takes place.

No one can argue that if Donald Trump were to win a second term, of course, he could pick a replacement.

But if Joe Biden win the election, then the new President should make the choice for a lifetime appointment of about 30 years.

A hopeful sign is that two women Republican Senators—Lisa Murkowski of Alaska and Susan Collins of Maine—have stated that the elected President in November should make the appointment, and that they do not support a rapid replacement before the election or after if Joe Biden wins in November.

Collins has been very disappointing in supporting the nomination of Brett Kavanaugh in 2018, and she is in deep trouble in her Senate reelection campaign in Maine.

Murkowski does not have to face voters until 2022, and in the past, she won reelection to her seat against both a Republican and a Democrat in 2010, so she is more to be trusted than Collins.

But there is also Mitt Romney, who one would think is principled enough based on his opposition to Donald Trump, that he could be a third vote.

Four votes are needed, however, to stop a nominee from being confirmed for now, and Senate President Pro Tempore Chuck Grassley of Iowa, has said in the past he is against a replacement in an election year, so maybe he will also oppose a quick action.

There is also speculations that Cory Gardner, in a tough race in Colorado, might wish to avoid voting on a nominee before the election.

There are also those Senators seen as more moderate conservatives, but none of them can be relied upon: Rob Portman of Ohio, and Pat Toomey of Pennsylvania.

Of course, Mitch McConnell himself, and Lindsey Graham, both facing election in their states, had posed the same principle in 2016, but not now, so purely, both are hypocrites. One can hope that possibly their opponents will gain more funding and possibly defeat them, although the odds are long.

Then, there is Ted Cruz, a despicable piece of trash, who also said the same thing about election year appointments, but now is on a list of potential Supreme Court nominees, although Trump has said a woman will be selected next week!

All of the other Republicans running for reelection seem unlikely to show any principle, although Ben Sasse of Nebraska is one we could hope might do so, but seems unlikely to have the courage to take a stand.

So we may end up with a 6-3 Court, setting us back to the 19th century in so many ways, and if nothing else, it should encourage more than ever before for massive contributions to Democrats for the Senate and for Joe Biden nationally, as this nightmare of Donald Trump must come to an end in November!

The Supreme Court Dignified Itself By Upholding The Rule Of Law Against President Donald Trump

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The Supreme Court dignified itself today by upholding the rule of law against President Donald Trump.

In two cases, the Court did similar to what it did with President Richard Nixon in 1974 and President Bill Clinton in 1997.

And the two Trump Supreme Court appointees (Neil Gorsuch and Brett Kavanaugh) surprised by joining five other Justices, including Chief Justice John Roberts, in smacking Trump down, and telling he is not above the law.

So once again, Supreme Court appointees have “disappointed” the President who selected them, but in so doing, they remind us that the Court is designed to do what is proper, and quite often, although not enough, the Court surprises and pleases those who care about the law and the Constitution.

These decisions further undermine Donald Trump with less than four months to the election, which seems certain to be a massive repudiation of Trump, and lead to his prosecution on financial fraud, although much else should be the center of attention once this disgraced President leaves office!

An Inspiring Victory For Gay And Transgender Employment Rights, As John Roberts And Neil Gorsuch Come Through!

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In a year which has been so depressing in so many ways, a great and inspiring event occurred today, when the Supreme Court voted 6-3 to protect gay and transgender employment rights.

Chief Justice John Roberts (appointed by George W. Bush in 2005) and Associate Justice Neil Gorsuch (appointed by Donald Trump in 2017) voted with the four Democratic appointed Justices to bring about this victory.

A major rebuttal was issued to the decision by two of the three other Justices, Samuel Alito and Brett Kavanaugh, appointed by George W. Bush and Donald Trump, respectively.

The decision shows once again how unpredictable judges and Justices can be, as to have the two Justices appointed by both Bush and Trump split on this case.

This decision is a repudiation of the anti gay stand of Donald Trump, and one wonders whether other decisions in the next two weeks will also go against Trump.

Thank goodness that, while the Supreme Court is at times disappointing in its decisions, it also can be very surprising and advanced.

A lot of it has to do with Roberts, who clearly wants to have “his” Court have a good reputation in history, and has been helpful on some cases, including upholding the Affordable Care Act in 2013, and he likely will continue to uphold that law soon, in another challenge.

And the idea that Neil Gorsuch, who gained the position that Barack Obama appointed Merrick Garland to, and was not even given the chance for a hearing and a vote on the appointment, was also in the majority on this case, is a welcome sign of a pyrrhic victory for Donald Trump, in getting Gorsuch on the Court!

Pure Insanity: $200 Million Spent On Campaign Commercials By Michael Bloomberg And Tom Steyer!

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It is pure insanity that two Democratic Presidential contenders, Michael Bloomberg and Tom Steyer, both multi billionaires, have together spent $200 million on their Presidential campaign commercials, with Bloomberg wasting $120 million, and Steyer $80 million, more than all of the other Presidential contenders combined!

Bloomberg has not been willing to contend in the February caucuses and primaries, and has not participated in any debates, and seems to think he can buy his way into the Presidency, and he needs to be repudiated for that alone.

While Steyer has been competing in the caucus and primary states in February, and has been in a couple of debates, he must, also, be repudiated for using his personal wealth in pursuit of the Presidency.

The Citizens United case of the Supreme Court must be reversed somehow, but it seems highly unlikely anytime soon, as the only method is a constitutional amendment, or another case coming to the Supreme Court and leading to a reversal, nearly impossible in the present political climate of the Court, with two new Trump appointees, Neil Gorsuch and Brett Kavanaugh.

But the Democratic voters need to give a smashing repudiation to both Bloomberg and Steyer once the voting starts in five and a half weeks from now!

The Right Wing Supreme Court Seems Ready To Declare War On Abortion, Gay Rights, Gun Rights, Immigration, Separation Of Church And State, And Presidential Power

Ronald 1 Comment

The new session of the Supreme Court has begun, and the full effect of Donald Trump appointees Neil Gorsuch and Brett Kavanaugh will now, likely, be felt.

While it is true that Gorsuch and Kavanaugh are not “twins”, to expect any major surprises in constitutional law in this 2019-2020 term are highly unlikely, as right wing law looks in the ascendancy.

What the Court decides ends up as the law of the land, and for progressives, it does not bode well on the issues of abortion, gay rights, gun rights, immigration, separation of church and state, and the growth of Presidential power.

The fulcrum of the Court, Anthony Kennedy, is now retired for a year, and the only hope to avoid extreme right wing judgments is if Chief Justice John Roberts, who has been a surprise a few times in his views on the Court in recent years, becomes the new “swing” vote on the Court this term.

Roberts might also preside over an impeachment trial of President Donald Trump, who he, clearly, has been critical of in a number of ways, and the Court could limit Trump’s Abuse of Power, beyond Roberts presiding over an impeachment prosecution.

Since Roberts is worried about the image of “his” Court, some surprises may be in the offing, and of course, progressives will be watching the health and stability of Ruth Bader Ginsburg, now 86, having survived a third and fourth cancer, and wondering if she will be able to continue on the Court into the next Presidential term in 2021.

New York Times: 168th Anniversary Worthy Of Celebration

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Today, September 18, is the 168th anniversary of the New York Times, the best newspaper in America, and maybe in the world at large.

Founded in 1851, it became famous as the newspaper with the slogan: “All the News That’s Fit to Print”.

The newspaper has had its ups and downs, and has made mistakes, and been controversial, as they are presently for their revelation about Supreme Court Associate Justice Brett Kavanaugh and sexual harassment, based on a lack of clear cut reporting on a new book on the Justice.

But despite that, there is still a recognition in the journalism profession that the New York Times has been in the forefront of so much important news in detail, and revelations that might not have occurred otherwise.

Despite its lack of perfection, the New York Times is still more to be trusted and revered than any politician, who does not like the willingness of the New York Times to be attacked for mostly telling the truth.

So Donald Trump attacks the news media, and particularly the New York Times and Washington Post, the two best newspapers who have held his administration to the fire in an appropriate manner to preserve our Constitution and Bill of Rights.

No President, no Senator, no Congressman, no public personality in any endeavor can rest, knowing that the New York Times will do what it must do to preserve freedom and democracy for the long run.

So when one might occasionally be angry or irritated by some article in the New York Times, remember they are not here to be popular, but to be our guardian, and so one should always be glad that the New York Times does well, because to imagine the paper’s demise would be a sign of the downfall of the American Republic,

And every scholar, including this one, is indebted to the New York Times, for having been of great assistance in the publication of books and articles. My two books could not have been published without using the New York Times Index, and being amazed at the unbelievable depth of reporting provided in the pages of the New York Times for so long a time frame.

The New York Times has survived many demagogues in the world, and will survive Donald Trump, for certain!

Maryland Governor Larry Hogan, Following Tradition Of His Father, Seriously Considering Challenge To Donald Trump Within Republican Party

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It now looks more likely that President Donald Trump may have a second, and potentially, more viable Republican opponent for the Presidential nomination in 2020.

Former Massachusetts Governor William Weld held office from 1991-1997, and was the Libertarian Vice Presidential nominee in the Presidential Election of 2016. He will be 75 years of age in 2020, nearly a year older than Trump. He is a legitimate candidate, but having been out of office for nearly a quarter century, it weakens his ability to draw support.

But now, Maryland Republican Governor Larry Hogan is exploring the idea of announcing, and this should be encouraged.

Hogan has been Governor of a very “Blue” state since 2015, and won his second term in 2018, He has managed to be bipartisan in a state in which the legislature is heavily Democratic. He will be 64 years of age at the time of the election, a full decade younger than Trump.

His father of the same name was a renowned Maryland Republican Congressman from 1969-1975, and served on the House Judiciary Committee that voted three articles of impeachment in 1974 against President Richard Nixon, and the only Republican on the committee to vote for all three impeachment articles. His speech announcing his vote for all three articles of impeachment was truly a “profile in courage” at the time.

Hogan is a rare “moderate” Republican, a centrist and pragmatist, much respected by Democrats. In a June 2018 poll, Hogan had 60 percent support from Democrats. He has a record of environmental reform; immigration reform; support of gay rights and gay marriage; gun control legislation; free community college tuition for middle class and lower class students in the state; supports abortion and reproductive rights for women; and opposed the nomination of Supreme Court Associate Justice Brett Kavanaugh.

The question is whether Hogan or Weld, seen as similar “moderate” Republicans on most issues, have a real chance to stop Donald Trump’s renomination. The argument is that if they could make Trump weakened at all as a result of their challenge, history tells us that an incumbent President with a challenger in his own party, wins the nomination but loses the Presidency, as happened to William Howard Taft, Gerald Ford, Jimmy Carter, and George H. W. Bush in the 20th century.

The Political Year 2018 Reviewed, And Hopes For A Political Renaissance

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The year 2018 saw the drastic blunders and mean spirited nature of the 45th President come to full fruition.

It was the year of diplomatic, economic, environmental, and social steps backward, wiping out a lot of the good that has been done by Presidents and Congresses of both parties in the past 70 plus years since World War II.

It was the year of the passing of political leaders who always had the motivation to do good, even when they sometimes went the wrong direction on specific issues—John McCain and George H. W. Bush.

It was a year when the Federal Judiciary stood up to Donald Trump most of the time, but also a year when extreme right wing judges were approved, and a Supreme Court Justice, Brett Kavanaugh, similar to Clarence Thomas in his mistreatment of women, was confirmed despite that reality.

It was also the year of more gun related deaths and opioid deaths than have died in war since the end of World War II.

It was the year when schools and religious institutions and public gathering places were subjected to mass death by people who desperately needed mental health intervention.

It was the year when racism, nativism, misogyny all had massive revival, assisted by the behavior of the Chief Executive in the Oval Office.

It was the year when the Republican Party lost all credibility as it refused to stand up and condemn the unstable behavior of Donald Trump, and allowed him to hijack the historical reputation of the party.

But in the midst of all this gloom, it was also the year of the rise of women, racial and religious minorities, gays and lesbians, and young people to more political power and influence than has ever been seen in American politics and society.

The Democratic Party became the bastion of future hopes of reform and change, and they have the backing of millions of Americans who desperately want a different direction for American politics and society.

2019 needs to be the year of movement against Donald Trump, and hold him accountable for his crimes and sins, and the likelihood of the Trump Presidency coming to an end by criminal indictments against family members, leading to the resignation of Trump, as occurred with Richard Nixon, seems likely.

The future of American democracy and constitutional government is at stake as we enter 2019, but the massive “Blue Wave” evokes hope and optimism.

Let us all hope for a better, more productive 2019 politically and socially.