Chief Justice John Roberts

Abortion Rights Fails In US Senate, And So Called”Supporters” Collins And Murkowski Bail!

Abortion Rights has failed in the US Senate, by a vote of 49-51, not surprising, but two so called “supporters”, Susan Collins of Maine and Lisa Murkowski of Alaska, bailed on the legislation on technical grounds, along with Democratic Senator Joe Manchin of West Virginia!

Basically, both Senators showed they talk the talk but do not walk the walk.

So it seems certain that women will lose their rights to their own bodies’s autonomy, and there will be botched abortions and suicides rapidly increasing!

This is extremely tragic as women’s rights are going backwards, and yet, at this point, nothing can be done to stop it, unless by miracle, the Supreme Court backs away from its draft decision from February.

This would require Chief Justice John Roberts to influence at least one of the five Justices in the majority, likely either Brett Kavanaugh or Amy Coney Barrett, to join him and the three Democratic appointments on the Court.

But there is no way to know if Roberts might in the end join the five other conservatives, and make the final vote in June 6-3 instead of 5-4!

Nomination Of Judge Ketanji Brown Jackson To Supreme Court A Homerun! :)

President Joe Biden has hit a homerun with the nomination of Judge Ketanji Brown Jackson to the Supreme Court vacancy created by the soon to be retirement of Justice Stephen Breyer.

Jackson has exceptional credentials, and already has been approved by a bipartisan vote last year to sit on the Court of Appeals for the District of Columbia Circuit, where other justices have been members, including Chief Justice John Roberts and Associate Justice Clarence Thomas.

Jackson has excellent educational credentials, as well as impressive judicial and legal experience.

But of course, the white supremacists and racists are attacking her appointment, since Jackson will be the first black female Justice in American history to sit on the Supreme Court, a long overdue development.

Her appointment will not affect the right wing conservative balance on the Court, but her age of 51 means she will be likely to serve on the Court for a generation or more, and will witness, hopefully, a more balanced Supreme Court down the road!

Jackson has demonstrated her understanding of the issues of disabiled people, workers, immigrants, freedom of speech, and the concept that a President is NOT a King, regarding Donald Trump!

This is another of the great developments that the Presidency of Joe Biden has brought the nation!

The Supreme Court Reputation Reaching An All Time Low

The US Supreme Court is in a crisis, as its reputation in public opinion polls, and among Supreme Court “watchers”, is reaching an all time low, not matched since the late 1920s and early 1930s.

The Court has never been as right wing in substance as it is now, since a century ago, and even going further back to the late 19th century Gilded Age era.

The Supreme Court’s reputation was glowing in the time of the Warren Court (1953-1969) and even moving forward to the Burger Court (1969-1986), and still having an image of balance in the era of the Rehnquist Court (1986-2005).

This was due to the reality that many Republican appointees to the Court, including the following, avoided hardline conservativism:

Eisenhower–Earl Warren, William Brennan
Nixon–Warren Burger, Harry Blackmun
Ford–John Paul Stevens
Reagan–Sandra Day O’Connor, Anthony Kennedy
HW Bush–David Souter

These eight Justices made a massive difference in enunication of Supreme Court opinions.

Sadly, George H W Bush’s appointment of Clarence Thomas, and George W. Bush’s selection of Samuel Alito, veered the Court far to the right, and Donald Trump’s three appointments—Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett—have continued that trend.

The fact that Thomas and Kavanaugh have been connected to accusations of sexual harassment, and that Alito, Gorsuch, Kavanaugh, and Barrett were chosen by Presidents who lost the national popular vote, and that Gorsuch took a seat that was meant for Barack Obama’s nominee, Merrick Garland, and that Barrett was confirmed for the Court less than two weeks before the national election—only adds to the fury and disgust felt about the Supreme Court!

This has, reportedly, disturbed Chief Justice John Roberts (2005- ), whose historical reputation is being damaged, as he has moved, personally, from being conservative to attempts to create a moderate balance on the Court. Sadly, it is not working, so there are some rumors that he might retire from the Court after 17 years as its leader, as that is about the norm for most of the 17 Chief Justices in Amerian history, with the exception of John Marshall (1801-1835) and his successor, Roger Taney (1836-1864).

That would be a major step forward, to retire, and allow Joe Biden to pick a Chief Justice, which has not happened for a Democratic President since Harry Truman in 1946!

US V Nixon; Clinton V Jones; And Now Trump Lawsuit Against January 6 Committee Appeal To Supreme Court!

The Supreme Court has come out with two decisions in the past half century that made it clear of the limits of Presidential power!

In 1974, in US V Nixon, the Supreme Court, including three appointees of President Richard Nixon, unanimously by an 8-0 vote, declared that Nixon had to hand over the Watergate tapes to the Special Prosecutor, leading to the resignation of Nixon from the Presidency within weeks!

In 1997, in Clinton V Jones, the Supreme Court, including two appointees of President Bill Clinton, unanimously by a 9-0 vote, declared that a President had no immunity from civil law litigation in federal court for acts done before taking office. This case involved the sexual harrassment charge brought by Paula Jones against Governor Bill Clinton

Clinton’s evasiveness in testifying in court about Paula Jones led to the Monica Lewinsky scandal, and charges of perjury and obstruction of justice, and his impeachment by the House of Representatives in 1998, although found not guilty by the Senate in the impeachment trial in 1999.

Now, Donald Trump wants “executive privilege” to be in effect to prevent evidence in White House records of what he was doing on January 6, 2021 involving the Capitol Hill Insurrection, to be presented to the January 6 House Committee, investigating the events of that day. President Joe Biden has authorized waiver of such privileges, since Trump is a former President.

Despite having three Trump appointments to the Supreme Court, the strong likelihood is that the Court will, unanimously, reject such arguments, as earlier Courts did involving Richard Nixon and Bill Clinton.

If such does not happen, which seems like a long shot, then the Court will have besmirched its reputation for the long term, and the reputation of Chief Justice John Roberts will be damaged forever.

And that will promote the likelihood of attempts to add four new members to a Court which will be the most condemned and pilloried since the time of Chief Justice Roger Taney during the Civil War!

The Supreme Court Has Lost All Dignity, Respect, And Legitimacy, And The John Roberts Led Court Will Face Historic Repudiation!

The Supreme Court of the United States was created in 1789 to judge the constitutionality of all laws and actions, and promote the rule of law.

In recent decades, it has become a weapon of right wing extremism, and has lost all dignity, respect, and legitimacy, and is in the worst constitutional crisis in a century!

The conservative movement to promote an extremist Court will cause a repudiation in history, as they have done great damage in the past generation in such cases as Bush V Gore in 2000 (interfering in the Presidential Election of that year); Citizens United in 2011 (that allowed corporations to be considered people); Shelby County V. Holder in 2013 (gutting of the Voting Rights Act of 1965); and now are almost certain to do in the abortion case before the Court (Dobbs V Jackson Women’s Health Organization).

Never has the Supreme Court taken away a right once granted, as in the case of Roe V Wade, alloing abortions in the first two trimesters of a pregnancy, and including the factors of rape, incest, and the life of the mother.

It is unseemly, and reprehensible, that women are being informed that religious fanatics can interfere with their personal rights to control their own bodies, and it will lead to many self mutilations and suicides by women desperate to end an unwanted pregnancy, often brought about by violence perpetrated by men!

The Chief Justice, John Roberts, will see his reputation as the 17th person to hold that position, sullied and repudiated in history, if he cannot convince at least one other conservative Justice to join him and the three Democratic appointments to uphold Roe V Wade!

The move to add membership to the Court, and promote term limits in the future, will be encouraged to occur, as the Supreme Court has lost whatever halo it has had over the past generations!

Republicans And Conservative Supreme Court Will Suffer By Attack On Abortion Rights!

The Republican Party and the majority Conservative Supreme Court will suffer massively by their attack on Abortion Rights!

Vast numbers of Americans, and particularly women, will not sit idly by and allow a woman’s right to choose to be taken away without a massive negative reaction at the polls in 2022 and beyond!

It will be like the California Republicans who passed legislation in the form of Proposition 187 in 1994 under Republican Governor Pete Wilson to deny undocumented immigrants any rights to health care and education, with that legislation delayed and then declared unconstitutional, but with the Republican Party having committed suicide in the process.

So the California Republican Party, except for a few Congressional seats and a small number of state legislative seats, have been in the wilderness for the past quarter century, insuring that California is strongly Blue.

The Supreme Court under Chief Justice John Roberts will lose all credibility, and will damage the instition of the judiciary long term.

The Roberts Court will not go down as an outstanding, fair minded Court as with Chief Justice Earl Warren (1953-1969), and respect for the Court will decline rapidly.

If John Roberts has his scruples, he needs to work behind the scenes to convince Brett Kavanaugh and Amy Coney Barrett to reject the extremist view of Clarence Thomas and Samuel Alito!

By all rights, both men should recuse themselves from the Roe V Wade challenge, as they should never have been allowed on the Court with their extremist views!

Both Thomas, appoinated by George H. W. Bush, and Samuel Alito, appointed by George W. Bush, were and are outside the mainstream of American constitutional law!

Roe v Wade Under Attack On Supreme Court With Case Heard On Wednesday

Nearly half a century has passed since the Supreme Court decision in Roe v Wade on January 22, 1973.

Women have had the right to determine their own future, and yet, now, the majority of the Supreme Court are Republican and conservative appointments, and could end abortion rights completely in at least 12 states.

This would include making women criminals if they had an illegal abortion, or had even a miscarriage, and would not allow even for rape or incest or life of the mother.

The thought that this could happen in the 21st century in a nation supposedly advanced like the United States’ reputation is shocking and rprehensible, and will harm poor and minority women the most, as wealthy white women will always be able to fly out of states that ban abortion and accomplish their goals of ending unwanted pregnancies safely!

The concern over the unborn fetus ends when a child is born, as the same Republican and conservative forces have no concern about the life of poor women and their newborn babies!

There is hope that possibly one or more of the six Republican justices–Chief Justice John Roberts, likely, and Associate Justice Brett Kavanaugh, who was backed by Republican Senator Susan Collins of Maine for the Court membership, when he said he believed Roe V Wade was settled law–will save basic abortion rights, but the future is uncertain!

Also, Amy Coney Barrett, new to the Court, could surprise, but seen as highly unlikely!

Neil Gorsuch seems unlikely, also, to leave Roe V Wade alone, and as far as Clarence Thomas and Samuel Alito, both clearly are a “lost cause”, sadly!

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!