Chief Justice John Roberts

The Supreme Court Majority Is Becoming Very Outspoken, Controversial In Actions And Statements!

The Supreme Court of the United States is supposed to be a nonpolitical body, that balances the law and the Constitution.

Of course, there are, and always have been, so called “liberals” and “conservatives” on the Court throughout its history, but the present Supreme Court with six conservatives and three liberals is badly unbalanced, and it is clear that the Court is the most extreme one sided to the conservative side that it has been since the 1930s, nearly a century ago!

There are three appointments to the Court by Donald Trump (Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett); two appointments by George W. Bush (John Roberts, Samuel Alito); and one appointment by George H. W. Bush (Clarence Thomas).

There are already ethical and moral problems with Brett Kavanaugh and Clarence Thomas, regarding their behavior and treatment of women in their past; and Amy Coney Barrett was rushed through to confirmation more rapidly than normal after the sudden death of Ruth Bader Ginsburg, so that Donald Trump had one more appointment close to the Presidential election, which should have been left to the winner of the election, which turned out to be Joe Biden.

Also, a majority of the Court was chosen by Presidents who lost the popular vote in 2000 and 2016, although the two Bush II appointees actually came in the second term when Bush II did win the popular vote.

And now, since the horrendous decision to allow the Texas antiabortion law to go into effect without a full hearing, taking away a constitutional right of women to control their own bodies, in effect since Roe V. Wade in 1973, the criticism of the Court’s action has led to Thomas, Barrett, and now Alito to issue political criticisms which are not appropriate for Supreme Court Justices. They should NOT be making public statements, no matter what they are thinking, but they clearly are on the defensive and have politicized the Court by their utterances, as well as their actions.

It is not surprising, therefore, that the reputation and public opinion rating of the Supreme Court has declined radically in the last few years, and particularly in the present year of 2021!

The Supreme Court is moving far to the Right as the nation is clearly moving to the Left, in a nation in which the white majority is rapidly declining, and will be the minority (under 50 percent) by 2045 at the latest.

So a constitutional crisis is at hand, and there is the danger of a future 7-2 conservative Court, with Stephen Breyer refusing to consider retiring at age 83, claiming he does not plan to die on the Court. This is a preposterous statement, and could end up denying Joe Biden any Supreme Court selection if a Democratic Senator dies or is incapacitated, or if the Senate goes Republican in the midterm Congressional Elections of 2022!

Chief Justice John Roberts Has Lost Control Of The Supreme Court, And His Own Reputation Is At Stake!

The Supreme Court is in crisis, as its reputation, and that of its leader, Chief Justice John Roberts, is at stake!

It is now the most rightwing Supreme Court since the 1920s and early 1930s, as extremism has taken over an institution which is supposed to be moderate centrist!

Past Chief Justices, including John Marshall, Charles Evans Hughes, and Earl Warren, had the ability to impact other members of the Court, and convince them to work toward moderation!

But John Roberts has clearly lost control of a Court which includes three Donald Trump appointees, with only the first choice, Neil Gorsuch, coming across as lacking in controversy outside of the fact that he became the replacement for Antonin Scalia, instead of Barack Obama’s choice, Merrick Garland!

Brett Kavanaugh has a cloud over his head and reputation as a sexual abuser, much like Clarence Thomas, appointed by George H. W. Bush thirty years ago, and having a deleterious effect on the Court for three decades!

And Amy Coney Barrett is clearly not Justice material, and her extreme religious swing to the far Right has besmirched the memory of Ruth Bader Ginsburg. Had she been still on the Court, she would have prevented the atrocious decision of the Court to back the disgraceful Texas abortion law that now Attorney General Merrick Garland is suing to prevent the loss of a constitutional right for women to control their own bodies!

The Supreme Court Reputation Has Been Seriously Tarnished, No Longer Seen As Representing Moderation!

The John Roberts Supreme Court reputation has been seriously tarnished, no longer seen as representing moderation!

By deciding to go along with an extremist Texas abortion law, in a one paragraph middle of the night statement, which includes no exceptions for rape or incest, and allowing private citizens to sue anyone engaged in promoting abortion, the Court has done one of the worst ever actions, which will be compared to such other issues as Dred Scott V Sandford (1857) and Plessy V Ferguson (1896), and a small group of other reprehensible decisions!

Chief Justice Roberts himself recognized how terrible this 5-4 decision was, so despite earlier personal expressions of being anti abortion, he joined the three liberals on the Court in opposition.

Roberts knows his own historical reputation has been permanently damaged, as the Court has become dangerously radical right wing extremist, with the three reprehensible appointments by Donald Trump showing their true colors!

The fact that the appointment of Amy Coney Barrett switched the Court balance from what it was under the late Ruth Bader Ginsburg right before the Presidential Election of 2020 is reprehensible!

But also, the fact that Brett Kavanaugh was the second Court Justice to face accusations of inappropriate sexual conduct, along with Clarence Thomas three decades ago, and now they decided the private lives of women, is totally infuriating!

And the fact that Neil Gorsuch gained an appointment after a full year of no replacement of Antonin Scalia, and that Merrick Garland was denied even a hearing as his replacement, makes all three of Donald Trump’s Court appointments questionable and wanting!

It is further proof that the Supreme Court has lost whatever aura it had, as a fair, reasonable body!

To reverse a decision of nearly 50 years, when the tradition of the Court is to uphold legal precedent normally, and that it has such a dramatic effect on more than half the population, is beyond the pale!

If Hillary Clinton had won the Presidential Election of 2016, which this author and blogger and tens of millions of Americans think is the truth, the Supreme Court today would not be in the crisis atmosphere it is in!

It requires an attempt to add members to the Court, because otherwise, the Court is on a tear to the promotion of Fascism clear and simple, and that cannot be allowed to move forward toward ultimate destruction of the Constitution and rule of law!

The idea that two Presidents, George W. Bush and Donald Trump,who lost the popular vote, could add two and three members to the Court respectively, which otherwise would have been appointees of Al Gore and Hillary Clinton, is simply outrageous and unacceptable for the long haul!

It will permanently destroy the reputation of a very evil man, Senate Minority Leader Mitch McConnell, who brought about this travesty!

When one thinks back to the mid and late 1970s, we actually had a 7-2 Republican Court by party affiliation, but it included moderate Republicans, which included statesmen, including William Brennan, Harry Blackmun, John Paul Stevens, and Chief Justice Warren Burger!

So action must be taken to expand the Court, as we are in a constitutional crisis that will only get worse if no action is taken!

Voting Rights Repressed In 17 GOP States And Counting, As Joe Biden Gives Strong Speech At The National Constitution Center In Philadelphia!

Joe Biden gave a stirring speech at the National Constitution Center in Philadelphia yesterday, condemning the attack on the most basic right every American should have—-the right to vote.

The 15th, 19th, 23rd, and 26th Amendments, along with the Voting Rights Act of 1965 were designed to insure that no state could deprive anyone who is a citizen and at least 18 years of age, of the right to vote.

But 17 states (Southern and Western and Republican controlled) have made it more difficult for many Americans, particularly young, disabled, poor, or people of color to vote, including the following states:

Florida
Georgia
Alabama
Louisiana
Arkansas
Texas
Oklahoma
Kansas
Iowa
Indiana
Kentucky
Arizona
Utah
Nevada
Wyoming
Idaho
Montana

Republicans currently control both chambers of 30 state legislatures, and the number of states that are attempting to add to this list is alarming.

Texas Democrats have left the state, and face the possibility of arrest and fines when they return, but the idea that this could happen makes the governor of Texas, Greg Abbott, practically a dictator of Fascist orientation.

But the Democrats have every right to fight against the authoritarian bent going on in Texas and elsewhere.

The only way to stop this is national legislation, as with the Voting Rights Act of 1965, which has now been emasculated by the right wing Supreme Court, which has gone way beyond normal limits.

The John Roberts Court has brought us back to the 1930s!

It is urgent for the Democrats to unite and end the crisis in Texas and elsewhere by passage of (HR 1) For the People Act, and the John Lewis Voting Rights Advancement Act, (HR 4)!

The Unpredictability Of Supreme Court Justices Continues!

The Supreme Court has proved once again that, despite which President chooses them, and their political ideology, that being on the Court has an effect, and causes surprises.

All three of Donald Trump’s appointments (Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett) have surprised on some cases, so while all are conservative in nature, one sees unusual alliances on some decisions, including being on the same side at times with Democratic appointments (Stephen Breyer, Sonia Sotomayor, Elena Kagan) to the Court.

So no President can ever be certain that his appointments will vote the way he might wish, as Trump has seen that his nominees have not sided with him, including on the claim that the Presidential Election of 2020 was “stolen”!

So it is really a case of unpredictability on the future of the present Court, although clearly, it is still the most conservative Court since the 1930s! Even Chief Justice John Roberts, however, is sometimes surprising in his views on cases!

One point is perfectly clear, however, that Clarence Thomas and Samuel Alito are the most right wing members of the Court!

Republicans Bringing Back The “Jim Crow Era” On Voting Rights

The Republican Party is shaming its own history by bringing back the “Jim Crow Era” on voting rights.

The movement to guarantee that all Americans can vote is being made out to be a bad development, with false claims of voter fraud, when the Presidential and Congressional Elections of 2020 were conducted properly, with no evidence of fraud.

But former President Donald Trump has claimed he won the Presidency, still saying so seven and a half months after the election results were finalized.

So the Republicans are preventing a full restoration of the Voting Rights Act of 1965, which was curtailed by the evil action of the John Roberts Supreme Court in Shelby County V Holder in 2013.

This is very frustrating, as the filibuster, requiring 60 votes just to debate the topic, is being denied!

It will require voters to be very dedicated to overcome the corrupt, evil action of the Senate Republicans!

Supreme Court Upholds Affordable Care Act For Third Time, Institutionalizing It!

President Barack Obama’s greatest legislative accomplishment was the hard fought battle to expand health care to tens of millions of Americans, what is called “ObamaCare”, but officially termed the Affordable Care Act of 2010.

The Republican Party fought it bitterly for the past eleven years, but having no alternative, and now for the third time, the Supreme Court has upheld the law, and it is now institutionalized, finally!

By a 7-2 vote, with four Republican appointed Justices, and two of them Trump appointees in the majority, the legislation is now settled.

Who would have thought that Clarence Thomas, Amy Coney Barrett, and Brett Kavanaugh would join the majority, along with Chief Justice John Roberts, who had saved the legislation in the past from being destroyed?

This is absolutely amazing, but shows how unpredictable the Supreme Court is as an institution!

Potential Domestic Terrorism Threats In Days To Inauguration Day

With 11 days to go to Inauguration Day, there is intelligence information indicating many of the insurrectionists, domestic terrorists, supporters of Donald Trump, who mounted the attack on the US Capitol building on Wednesday, January 6, are planning further violence, and will be out to create a crime wave in Washington, DC and in all 50 state capitals between now and Inauguration Day.

There are already indications that Sunday January 17 will a see major invasion by armed traitors and seditionists, and that Inauguration Day, three days later, will present a massive crisis.

So it seems to this author and blogger that the smart thing would be to do what was done on Inauguration Day 1985, when President Ronald Reagan was sworn into his second term inside the US Capitol, instead of the traditional outside ceremonies.

The reason was Reagan was the oldest inaugurated President, nearly 74, and the temperature was 7 degrees Fahrenheit, the coldest ever temperature on Inauguration Day!

Crowds that might gather near the Capitol Building would need to be limited, and an ordinance passed to disallow anyone with a firearm at the event.

And law enforcement of various agencies must be at its maximum, and plans made to arrest thousands of domestic terrorists, with the aim being to protect the government and its new leadership.

There must be no sparing of efforts to protect Joe Biden, Kamala Harris, Mike Pence, Speaker of the House Nancy Pelosi, Chief Justice John Roberts, and all of the government leaders and members of both political parties.

We must not allow domestic terrorists to hijack our tradition of a stable Inauguration Day 2021!

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

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

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!