Federal Judiciary

Right Wing And Republicans Gone Mad: The Threat To Destroy Modern Times!

It is becoming very clear that right wing conservatism and Republicans have gone mad, as they wish to destroy modern times, and the advancements of the New Deal, Great Society, Warren Supreme Court, and promotion of change under Barack Obama and Joe Biden!

If they had their way, and it is becoming more likely, we would see women’s rights, civil rights of racial minorities, gay and lesbian rights, and privacy rights of the past generations being erased!

And corporate domination over workers’ rights would be worse, and agencies designed to make America a better place, such as the Environmental Protection Agency and the Consumer Product Safety Commission, would be denied the ability to do their work, or even maybe be eradicated!

And the role of evangelical religion would grow ever more rapidly, despite the fact that the majority of the nation is far less religious over time than it has been in the past!

It is difficult to be optimistic about the future in a nation which has gone into reverse on so many issues, both within Congress and in the federal judiciary, due to appointments by former Republican Presidents, including George W. Bush and Donald Trump!

Five Months Of President Joe Biden: A World Of Difference!

President Joe Biden has now been in the Oval Office for five months, and what a world of difference!

The right wing media and the Republican Party, of course, are constantly on the attack on every issue imaginable.

But Joe Biden has been successful in so many ways:

The COVID 19 Pandemic response, a great success with 300 million vaccinations after five months (150 days)
The Economic Revival through the American Rescue Plan legislation, greater success than thought possible in five months
Moving toward action on Infrastructure, Voting Rights, Gun Regulations, Health Care And Education Reform
Reversing many actions of Donald Trump on the Environment by Executive Order
Reversing actions of Trump on Immigration, Climate Change, Civil Rights, and so many other domestic issues
Choosing Federal Judges to balance out the right wing tilt of the Trump Judicial appointments
Restoring good relations with NATO, the European Union, and the G-7 Nations
Succeeding in making Vladimir Putin know he has met his match, with Putin saying Biden was professional, constructive, and experienced
Making clear to the world community that America has returned to world leadership and a sense of ethics and morals
Restoring Dignity, Compassion, Empathy, Decency, Humanity to the Oval Office

The Destructive Impact Of Senate Majority Leader Mitch McConnell Needs To End In Georgia Senate Runoffs!

Senate Majority Leader Mitch McConnell of Kentucky is the most powerful Republican in Congress, having a leadership position for 18 years, as Senate Majority Whip from 2003-2007; Senate Minority Leader from 2007-2015, and Senate Majority Leader from 2015-2021, with his future as either Majority Leader or Minority Leader depending on the two Georgia Senate runoffs taking place next week.

McConnell has been much vilified for his obstructionism tactics under President Barack Obama, and his refusal to allow hearings for Supreme Court nominee Merrick Garland in 2016. Also, he focused on adding over 200 judges to the federal judiciary, including three Supreme Court nominees, under President Donald Trump.

McConnell will be 79 in February 2021, nine months older than Joe Biden, and the two men have worked together over the years in the Senate and the Vice Presidency years of Biden, so it is hoped there might be some cooperation and bipartisanship, but one cannot count on that.

And the Georgia Senate runoff elections next week will decide the exact role of McConnell.

McConnell has the distinction of being the longest serving US Senator in Kentucky history; and the longest serving leader of Senate Republicans in US History, and now starting his seventh term.

So within the next few months, McConnell will go from being presently 23rd longest serving Senator in American history to being 16th longest, as seven Senators ahead of him include not only Joe Biden, but also others he will pass between January 3 and the end of March. And if he stays in the Senate until the end of his seventh term in January 2027, just less than two months short of age 85, he will have passed all but six Senators, or possibly seven, if Senator Chuck Grassley of Iowa wins reelection in 2022 at the age of 89.

While in many ways McConnell is despicable and horrendous, his longevity is amazing, and he will go down in history as a major “player” in the history of the US Senate and the Republican Party!

Three Years Of Donald Trump, One Year To Next Presidential Inauguration

It is hard to believe that Donald Trump has been in office, disgracing and besmirching the institution of the Presidency, for three years. With one year left to this term, hopefully, we will see next year on this day the end of this nightmare threat to civil order and international stability.

All possible efforts must be made to eradicate this cancer on the office of the Presidency, with commitment by voters and by those in public office to do everything needed to remove this man from the Presidency. We must then work to reverse the horrific damage he has done in so many areas of public policy.

There is no perfect candidate, but the nation must unite around the winner of the Democratic Presidential nomination as the only alternative to the horror of a second term for Trump, as that would create lasting damage to the nation, with little chance of reversal.

This is particularly true in the case of the federal judiciary, as if Trump is able to make the Supreme Court extremist right wing, it will reverberate on the nation in a deleterious manner for the next 20-30 years. It would insure domestic chaos and injustice long term, in a nation becoming rapidly a majority minority by the 2040s.

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

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.

Presidents In Conflict With The Judiciary Are Nothing New Historically, But Trump Could Be The Biggest Threat Yet To Our Constitutional System

The conflict of President Donald Trump with the judiciary is not the first time there has been a challenge from a President to the judicial branch.

Thomas Jefferson and Andrew Jackson had regular conflict with Chief Justice John Marshall and the federal courts in the first third of the 19th century.

Abraham Lincoln had vehement disagreements with Chief Justice Roger Taney in the era of the Civil War.

Theodore Roosevelt and Woodrow Wilson both found the Supreme Court as standing in the way of progressive reform in the early 20th century.

Franklin D. Roosevelt was so frustrated by a conservative Supreme Court negating important legislation of the New Deal in the mid 1930s, that he proposed the idea of adding six new Justices to the Court in 1937. This came to be known as the “Court Packing” plan, and was soundly defeated, including by members of his own Democratic Party.

Richard Nixon had issues with the rulings of the Earl Warren Court before he was President, and the continued Warren influence on the Court under his successor, Warren Burger. And, Nixon was stopped dead in his tracks in US. V. Nixon in 1974, forcing him to hand over the Watergate Tapes to the Special Prosecutor, Leon Jaworski, leading him to resign the Presidency in August 1974.

Barack Obama was critical of the John Roberts Court on its conservative decisions early on in his Presidency in 2010.

And now, Donald Trump has unleashed what many consider the strongest challenge to the whole federal judiciary, alarming many constitutional experts as far more dangerous and threatening to the checks and balances of the Constitution and the separation of powers.

It is clear that Trump has declared war on the judiciary, but it could be that the Roberts Court will smack back at him when cases regarding his abuse of power make it to the Court, so Trump may be “hoist by hid own petard”, and regret the attacks he has made on the whole court system.

The White, Educated, Republican Suburbs Moving Toward Democratic Party In Age Of Donald Trump

Early signs are that the white, educated Republican suburbs are moving toward the Democratic Party in the age of Donald Trump.

If one goes by the elections in New Jersey, Virginia, and now Alabama, that seems the beginning of a trend.

The Democrats need to pursue this, rather than just attack Donald Trump.

They need to emphasize job growth, education, health care, and the dangers to our national security represented by the “bromance” between Donald Trump and Vladimir Putin, what seems like Russian Collusion.

They need to show that they have a positive program of change, and rally people around the harm to our environment and consumer protection by the Trump Presidency, as well as the harm done with unqualified judicial appointments, and in our diplomacy with other nations.

If the Democrats work to offer alternatives and point out common goals for people of all races, and both genders, they can win the majority in both houses of the Congress, in many state legislatures, and in the gubernatorial races coming up in November 2018.

Judicial Intervention Against Trump On Travel Bans, Sanctuary Cities, Transgenders In The Military: The Judiciary Vs. Donald Trump For Now, But Future Is Gloomy

It is due to several federal district court judges, appointed by Republican Presidents George H. W. Bush and George W. Bush, and Democratic Presidents Jimmy Carter. Bill Clinton, and Barack Obama, that the worst violations of the Constitution by Donald Trump have been prevented from being fulfilled.

On Trump’s travel bans against Muslims and others from several nations; on penalties against “sanctuary cities” which protect undocumented immigrants; and on banning transgender soldiers in the military, these judges have denounced the President for unconstitutional actions, and have been able to stop his destructive tendencies.

Eventually, the circuit courts and the Supreme Court will have to deal with much of the damage Trump has wrought, and there is no certainty of the outcome.

And Trump and the Republican Party in the Senate are in the process of ramming through a large number of judicial appointments, only needing 51 votes to confirm nominees.

These nominees in many cases are totally unqualified and augur a time of incompetent judges who will do great damage to the constitutional norms that Americans are accustomed to, including justice and equality of treatment under the law, which clearly, Donald Trump has no interest in enforcing.

This is another reason why the movement to force Donald Trump out of the Presidency as soon as possible is so significant for the health of the Constitution and Bill of Rights.

Donald Trump’s Authoritarian Bent Grows

Donald Trump’s authoritarian bent is growing daily.

He intervenes to say what should happen to Bowe Bergdahl in the criminal justice system, and it backfires on him.

He intervenes to say that the terrorist who killed eight people and wounded twelve in lower Manhattan should get the death penalty, after first suggesting that he be sent to Guantanamo Naval Base, where terrorists from September 11 remain housed, and that insures complexities in the upcoming trail of this perpetrator.

He intervenes to say that the Justice Department and the FBI should follow his desires, and go after Hillary Clinton and the Democrats, with his constant chant of “Lock Her Up” still being mouthed by his crazy supporters in the general population.

He intervenes to attack the news media for reporting FACTS, and the judiciary for going against him on his travel bans, when it is their job to report, and to follow the Constitution, not the President’s orders.

Donald Trump is emerging more and more as a Fascist, who needs to stopped in his quest for absolute power before it is too late, and the Republican Party in Congress will be condemned in history if they do not step in and stop him pronto.

We are not a dictatorship, and Donald Trump is not an Emperor or King, and he must be put in his place.

Thankfully, the Mueller investigation is moving forward toward ultimate accountability and justice, which should consider not just removal from the Oval Office for Donald Trump, but prison time for him and his son in law and son as well.

HUGE Victory For Obama And Democrats In Reform Of Filibuster Use!

Finally, after almost five years as President, Barack Obama can savor victory, knowing he will be able to get his nominees for all federal executive branch positions and federal judiciary, except for the Supreme Court, confirmed by the Democratic Senate. Majority rule will govern, as it should, and as it does, in the House of Representatives!

And because the Republicans shot themselves in the foot, not allowing the approval of three nominees for the DC Circuit Courts, they will now see the federal courts tip dramatically toward Democratic and more liberal judges!

At the moment, there are exactly 390 federal judges appointed by Republican Presidents, and an equal number of 390 federal judges appointed by Democratic Presidents.

If Mitch McConnell, the Senate Minority Leader, had allowed the confirmation of those three judges that were just voted down by the use of the filibuster, requiring 60 votes to move a nomination, then the balance would have remained on the federal courts between Democratic and Republican appointments.

But now, that is not so, and the Democrats and Barack Obama will gain a potential total of 93 appointments for vacancies on the courts, making for a one sided Democratic control of the judiciary, which will last for years, as the judiciary are on the court for life, not limited terms.

So as the Republicans lick their wounds, and realize their abuse of the filibuster in the past five years, and their arrogance, have led to this moment, the Democrats have a lot to celebrate about, as nothing is more important than affecting the future of constitutional law, and the Republicans have given the Democrats a huge victory, which will reverberate for decades, and give those who believe in progressive reform and change, a sense of hope that there IS a future in America, for others than rich, white people!