Clarence Thomas

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!

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!

Celebrating The Real Meaning Of July 4–Promotion Of Freedom, Equality, And Democracy!

Independence Day–July 4–is a holiday to celebrate the promotion of Freedom, Equality, and Democracy!

The 245th Independence Day is a sobering day, as the Republican Party is trying mightily to cover up the Fascist authoritarian attempt of Donald Trump and his treasonous and seditionist supporters to destroy the Constitution and rule of law, as they did on January 6, 2021, with the US Capitol Insurrection.

The Republican Party is also trying to destroy the ability of people of color to vote, something enshrined in the Constitution by the 15th Amendment in 1870, and the Voting Rights Act of 1965.

The right wing Supreme Court, with five of the six conservatives appointed by Presidents who lost the popular vote, and the sixth one (Clarence Thomas) accused of sexual abuse, along with Brett Kavanaugh, has also worked to destroy the Voting Rights Act.

And the danger exists that if one Democratic Senator is unable to vote on any legislative action or were to pass away, the possibility of the Democrats losing control of the Senate to Mitch McConnell is a horrifying reality.

And were Stephen Breyer to continue to ignore the need for his retirement from the Supreme Court, to insure that Joe Biden can select his replacement before the midterm elections, the threat exists that the Republicans then, if not sooner, would gain control of the Senate, and we could face a 7-2 Court, instead of a 6-3 Court!

On this 158th Anniversary of the third and last day of that turning point of the Civil War, the Battle of Gettysburg, the tremendous sacrifices of the three day battle which insured the eventual victory of freedom over slavery, let us NOT forget that the battle to preserve freedom, equality and democracy goes on!

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!

Confirmation Of Justice Amy Coney Barrett Creates The Most Extreme Supreme Court Since 1930s!

The confirmation last evening of new Supreme Court Justice Amy Coney Barrett creates the most extreme Supreme Court since the time of the New Deal of Franklin D. Roosevelt in the 1930s Great Depression, just as we are entering into the Second Great Depression.

The right wing narrow minded view of Justice Barrett is perceived as more so than even her mentor, former Justice Antonin Scalia.

The fifth woman to serve on the Court, she is the anti Ruth Bader Ginsburg, a great woman who we could only wish had been able to live two to three more weeks, preventing an appointment before the election.

And had she lived until December, even a lame duck President could not have replaced her before January and a new President.

This only accelerates the dire need for everyone to vote, and for the Republicans to be resoundingly defeated next week for the White House and the US Senate, and add seats in the House of Representatives.

With a 6-3 extremist Court, the following areas of law are greatly endangered:

Civil Rights and Civil Liberties in general
Women’s Rights
Abortion Rights
Gay Rights and Gay Marriage
Labor Rights
Voting Rights
Environmental Reforms
Consumer Reforms
Business Regulations
Separation of Church and State
Firearms Regulation

The answer must be to expand the Supreme Court to 11 members, adding two progressives or liberal voices to the Court, making for a slight 6-5 conservative majority, but promoting the concept that Chief Justice John Roberts and Associate Justice Neil Gorsuch will, at times, side with the liberals.

It does not guarantee progressive and liberal ideas, but that has been that way for a generation, but once either Clarence Thomas (age 72) or Samuel Alito (age 70) leaves the Court, likely in the next four years, a moderate Court will be achieved. And if Stephen Breyer or Sonia Sotomayor were to leave, it would insure a Democratic President choosing their successors.

Voting for Joe Biden and a Democratic Senate insures that the right wing tilt of the Court will be short lived!

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!

The Supreme Court Might See Massive Change In Next Presidential Term

It seems likely that the Supreme Court might see massive change in the next Presidential term.

The automatic thought is that of course, the odds of Ruth Bader Ginsburg and Stephen Breyer leaving by one method or another, either death or retirement, seems likely as they are now 87 and 82 respectively.

If this happens with Joe Biden as President, the seats will remain in the liberal camp, so the news of Ginsburg again in the hospital, but supposedly recovering well, makes one’s heart skip a beat.

The thought of another Donald Trump appointment before the election is a horrible thought, but likely would happen if she were to leave the Supreme Court in the months before the election.

But beyond Ginsburg and Breyer, there are four other potential changes that could occur.

Both Clarence Thomas (age 72) and Samuel Alito (age 70) have been rumored to be thinking of leaving the Court, but no sign they would leave right now. But if they did in 2021 or after, with Joe Biden in office, these two most reliably conservative members would be likely replaced by nominees more to the left in their constitutional views.

Additionally, it is well known that Sonia Sotomayor (age 66) has a strong case of diabetes, and there is some speculation she might leave for health reasons at some point.

Finally, Chief Justice John Roberts (age 65) has had seizure issues, and could have died when he collapsed in 2007 on a deck while fishing, but fortunately did not fall into the water with no one nearby, and was instead found after the event. But he now has had a concussion, and one can wonder if it is related to his seizure issues, for which he takes medication. So it is possible to imagine him leaving the Court at some point.

So with the uncertainties of life, the six longest serving members of the Court could end up leaving the Court sometime between now and 2025. This would affect the balance of the Court on many cases that will come up in the future.

Can Joe Biden Overcome The Obstacle Course Awaiting Him In 2020?

Former Vice President Joe Biden finally announced his campaign on Thursday, starting off as a front runner in polls.

But can he overcome the obstacle course awaiting him in 2020?

In his long career of 44 years in national office, 36 in the US Senate and eight years as Vice President, the longest public service record of any Presidential candidate in modern history, Biden came across as genuine, sincere, decent, and compassionate, and gained millions of fans, including this blogger and author.

But he also made judgments that are problematical, including being against school busing in Delaware; supporting the credit card industry in his state, and in so doing, undermining the ability of debtors to protect themselves by bankruptcy; his lack of protection of Anita Hill in the Clarence Thomas hearings in 1991, for which he continues to apologize but in an unsatisfactory manner; his support of an interventionist foreign policy in Iraq; his many gaffes, many of them harmless but still giving him a reputation for loose and thoughtless language; and his habit of being too touchy feely with women and girls, although never accused of sexual improprieties.

Biden also promoted tough crime and drug laws in the 1990s, which are now looked at as blunders that put too many African Americans in prison unjustifiably, and his leadership at different times of the Senate Judiciary Committee and Senate Foreign Relations Committee has been criticized. His ability to “cross the aisle” and work with many Republicans is seen by some as a weakness, while others see it as a strength.

Biden is a centrist Democrat in 2019 at a time when many progressives are much further to the left than him, and one wonders if he could gain the support of those to his left if he wins the nomination, as he is perceived as too close to the traditional power centers of the party.

Joe Biden has many positive attributes, but his negative side and shortcomings, as seen by many critics, could doom him in a race against Donald Trump, when the most important thing possible is to insure that Donald Trump does not gain a second term, as that would be destructive of every progressive goal in the short run and long run.

This blogger and author has always looked at Joe Biden as a hero of his, as much as earlier, Hubert Humphrey was his model of what a political leader should be like. But Humphrey had the same problem 50 years ago of being admired and praised, but seen by many as not the best choice to oppose Richard Nixon in 1968, against Robert Kennedy and Eugene McCarthy.

So the same quandary of 1968 awaits us in 2020, to find the best person to be successful against the greatest menace, Donald Trump, that we have had in a half century of American political history, far more damaging than Richard Nixon.

And while Hubert Humphrey was 57 at the time he ran for President in 1968, Joe Biden will be 78 shortly after the election, and as in 1960, 1976, 1992, and 2008, Democrats were able to elect a “new generation” leadership of John F. Kennedy (age 43); Jimmy Carter (age 52); Bill Clinton (age 46); and Barack Obama (age 47).

Should that be the direction for 2020 is the ultimate challenge for the Democrats.

And will Joe Biden be able to win the white working class of the Midwest and Pennsylvania? Will he be able to keep the African American community around him? Will he be able to draw moderate independents and alienated Republicans, who do not wish to vote for Donald Trump? Will he be able to win suburban whites, who veered toward Democrats in 2018? Will many seniors who supported Trump come back to the Democrats they once supported? And will enough young voters who have supported Bernie Sanders, who is 14 months older than Joe Biden, extend their allegiance to Biden if he stops the Sanders juggernaut?

These are the questions that will dominate the upcoming Presidential campaign of 2020.

A Joe Biden-Beto O’Rourke Ticket Might Be The Trick For The Democrats

One of the scenarios that is being discussed, regarding the Democratic Party and the Presidential Election of 2020, is that former Vice President Joe Biden and former Texas Congressman Beto O’Rourke might be the ticket to victory.

Biden remains in the lead in many public opinion polls, and has long been admired and loved by many Americans, including this blogger. Of course, in a career of 44 years in government, some of his initiatives, including a tough crime bill, making it more difficult to declare bankruptcy, and his conduct of the Clarence Thomas-Anita Hill Supreme Court hearings, undermine his appeal to many. Also, his tendency to talk too much, and in an embarrassing manner, also is not appealing to many.

On the other hand, his 36 years in the Senate, including chairmanship of the Senate Judiciary Committee and Senate Foreign Relations Committee has made highly respected by many legal authorities and foreign policy specialists, as well as the leadership of many foreign nations.

Beto O’Rourke ran a very close race in Texas against Senator Ted Cruz, and has a very appealing personality, and has the added edge of looking as if he is related to the former Attorney General and US Senator Robert F. Kennedy, with whom he shares the same first and middle name. Even though he is not a Kennedy, he reminds many of the former Presidential contender who was assassinated in 1968.

However, O’Rourke has some youthful arrests that could dog him, and is seen by many as too moderate a Democrat, although one must realize he is from El Paso, Texas, not exactly a site of overly progressive heritage. Many might say he is a “Blue Dog” Democrat in his six years career in the House of Representatives, now ended.

So for Progressives who like Bernie Sanders and Elizabeth Warren, Joe Biden and Beto O’Rourke seem too moderate and centrist, and it all comes down to whether a Sanders or a Warren could actually carry the nation, and make up for the shortcomings of Hillary Clinton in the Midwest and among white working class voters.

Biden being 78 at the time of the next inauguration is definitely a problem, but O’Rourke would be 48. It all comes down to selection of a running mate who Joe Biden would be compatible with, which in Joe’s case is not a big problem, because he gets along well with most people he has associated with, and has a record of “crossing the aisle” and working with Republicans, many of whom admire and praise him, even if they disagree on the issues.