John Paul Stevens

Chief Justice John Roberts To Become The New Balance On The Future Supreme Court?

Chief Justice John Roberts has been on the Court for 13 years now, and he is generally perceived as a conservative.

But he has surprised some conservatives, as when he kept ObamaCare (the Affordable Care Act) alive in 2012.

Also, Roberts has often stated by the doctrine of “Stare Decisis”–to stand by things decided”–although he has not been consistent on this over the years.

The odds of Roberts siding with the liberals on the Court for the image of the Court named after him as Chief Justice, is a thin measure of what kind of balance he might present on the future Supreme Court.

It seems likely that on balance, he will be “number 5”, in the middle, but that middle will be much farther to the Right than Anthony Kennedy or Sandra Day O’Connor represented.

But then again, Justices have surprised their Republican Presidents who appointed them, as with Earl Warren and William Brennan under Dwight D. Eisenhower; Harry Blackmun under Richard Nixon; John Paul Stevens under Gerald Ford; O’Connor and Kennedy under Ronald Reagan; and David Souter under George H. W. Bush.

The best estimate is that no one should count on John Roberts avoiding “his” Court from being regarded as the most right wing, conservative Court since the time of Warren G. Harding. Calvin Coolidge, and Herbert Hoover nine decades ago, before the Great Depression and New Deal began the transformation of constitutional law.

25 Years Of “RBG”, Ruth Bader Ginsburg In August, 85 Years Old And No Intention Of Retiring Before 2021 At Earliest!

Supreme Court Associate Justice Ruth Bader Ginsburg, bless her heart, is finishing 25 years on the Court, and 38 years in total in the federal court system, having been appointed by President Jimmy Carter in 1980 to the US Court of Appeals for the DC Circuit, and then elevated to the Supreme Court by President Bill Clinton in 1993.

She has become a “rock star”, often called “the notorious RBG” in recent years, after the publication of a biography by a scholar in 2015.

She has survived bouts with colon cancer in 1999 and pancreatic cancer in 2009. and the death of her husband in 2010, days after their 56th wedding anniversary.

Through it all, she has stood up for the rights of minorities, women, gays and lesbians, the disabled, workers, consumers, environmentalists, and all other causes that fight against the enemies of civil rights, civil liberties, and social justice.

At age 85, she has had a stent put in her right coronary artery, and she has had a strict regimen of exercise for many years.

The question is whether Ginsburg can hang on and stay in office until 2021, when she would be 88 years old, and hopefully, a Democratic President could replace her after 28 years on the Court.

Ginsburg herself has said she plans to stay to the age of 90, the age that former Justice John Paul Stevens, now 98 and thriving, was when he left the Court in 2010.

Neil Gorsuch On Supreme Court A Fateful Turn To The Right, Unless He Surprises, As Other Republican Appointments In Past Have Done

Seven Republican appointments to the Supreme Court since 1953 turned out to be less conservative than expected, so the question that arises, as Neil Gorsuch, appointed by Donald Trump, becomes the 113th Supreme Court Justice in American history is, will Gorsuch follow that lead?

At this point, it seems highly unlikely, but there is no way to know how a person on the Court, who potentially could be there for 35 years, until 2052, will react as cases come before him. If he has an open mind, he could surprise us, as history records for appointees of Presidents Dwight D. Eisenhower, Richard Nixon, Gerald Ford, Ronald Reagan, and George H. W. Bush prove.

Chief Justice Earl Warren and Associate Justice William Brennan, appointments of Eisenhower, thought to be conservatives, turned out to be path breaking liberals on the Court.

Associate Justice Harry Blackmun, appointed by Nixon, proved to be the same, as did John Paul Stevens, appointed by Ford.

Associate Justices Sandra Day O’Connor and Anthony Kennedy, chosen by Reagan, proved to be the swing vote,often siding with the liberal side of the Court, despite their generally conservative bent.

And David Souter, appointed by the first Bush, also proved to be a surprise on his vote much of the time.

So we will see over the next few years if Neil Gorsuch surprises.

The Changing Supreme Court In 2017: A Move To The Left That Will Last To The 2040s Or Beyond!

With the reality that Democrat Hillary Clinton has a clear lead for the Electoral College, the likelihood of a liberal majority Supreme Court seems more certain in 2017 and beyond.

News that Justice Clarence Thomas might retire at age 68 in the next year is encouraging in that regard, but even if he does not, as his wife has just contended, the likelihood is of FOUR appointments to the Court outside of Thomas, with two of them (Antonin Scalia dead and Anthony Kennedy retiring) being a movement to the left, making at the least a 6-3 Court by 2020. If Thomas also leaves, it would be a 7-2 Court, which would have a long range effect to the 2040s or beyond!

The Supreme Court has had a Republican and conservative majority for 44 years, since 1972, so it is about time to right the balance and make for a revival of the Chief Justice Earl Warren Court, which had an effect for 16 years, and continued to influence, if not control the Court, with the extended service of Justice William Brennan and Justice Thurgood Marshall.

Fortunately, Justice Harry Blackmun, Justice John Paul Stevens, and Justice David Souter, all appointed by Republican Presidents, often joined the few liberals left on the Court, and prevented the Court from going even further Right than it did in those 44 years.

But there is a desperate need for a tilt to the left on so many issues, so that is the most important reason for the election of Hillary Clinton to the White House in November!

Barack Obama’s Supreme Court Solution: Choose Former Republican Supreme Court Justice Sandra Day O’Connor On One Year Term!

The Republican majority in the US Senate have made clear that they will not hold hearings, or in any fashion, consider the nomination of anyone selected by President Barack Obama to replace Associate Justice Antonin Scalia on the Supreme Court, leaving the membership at eight for over 400 days, until a new President has been inaugurated and chosen a successor.

There is not much that can be done about this in reality, except that it should convince those who support the Democrats to come out in droves and insure that Hillary Clinton or Bernie Sanders is elected President.

It is, certainly, another issue in the campaign for the national elections, and since Republicans are split around Donald Trump, it gives an advantage to the Democrats, if only they can convince voters not to sit home, when either Hillary or Bernie lose the Presidential nomination to the other over the next few months.

But Barack Obama could put the Republicans in a box if he were to nominate a former member of the Supreme Court, chosen by Ronald Reagan, to return to her seat which she gave up ten years ago, not because of her own health, but because her husband had Alzeheimers, and she wanted to take care of him.

Were it not for that, O’Connor, with 25 years on the Court, could be close to the all time record of service of Justice William O. Douglas, who served 36 years from 1939-1975.  Her age is not an issue, as Justice John Paul Stevens was on the Court until age 90 and Justice Oliver Wendell Holmes a few months older but still age 90.

Yes, O’Connor will be 86, but she would be capable of serving for a year, and her record shows she would be a balancing influence, much like Justice Anthony Kennedy, not a certainty to vote with conservatives or with liberals on the Court.

This way, she would be able to help the Court do its work, serve her country, and leave after a new President made his or her appointment shortly after inauguration.

One can be sure that O’Connor would do her duty for her country, as she is highly honored already.  And Associate Justice Charles Evans Hughes came back to the Court as Chief Justice 14 years after leaving the Court in 1916.

So the best solution is for Obama to request that O’Connor agree to return, and it will put the Republicans in an awkward situation if they refuse to allow it!

Memory Of The Two Assassination Attempts Against Gerald Ford In September 1975

Today is the 41st anniversary of Gerald Ford becoming President, upon the resignation of Richard Nixon.

Ford’s historical reputation has risen as the years have gone by, with the major contribution he made, besides restoring faith and stability in the American Presidency, being his brilliant appointment of Associate Justice John Paul Stevens, who served on Court from 1975 to 2010, and lives on today in retirement at age 95.

But also part of the Ford story was the reality of his facing two assassination attempts by women within 17 days in September 1975—Lynette “Squeaky” Fromme on September 5, 1975; and then 17 days later by Sara Jane Moore on September 22, 1975.

The details of these two assassination attempts comprise Chapter 13 of my forthcoming book–“Assassinations, Threats, and the American Presidency: From Andrew Jackson to Barack Obama”, Rowman Littlefield Publishers, to be released this coming Saturday, August 15.

A 30 percent discount offer from the publisher, Rowman Littlefield, is available on this website, using the code 4M15ATAP, and the book will ship after August 15.

The 15 Greatest Supreme Court Justices Since 1900

The Supreme Court has become more controversial than ever in recent years, and the decisions of the John Roberts Court in 2015 only added fuel to the fire, regarding who the greatest and worst Supreme Court Justices have been in American history.

We have had 112 Supreme Court Justices, and 17 Chief Justices, including 5 who served as Associate Justice as well.

58 Justices have served since 1900, with a few selected before that date but serving into the 20th century. This includes 9 Chief Justices, including four who had served as Associate Justices of the Supreme Court.

If one had to select the top 15 Supreme Court Justices since 1900, without ranking them specifically, but instead creating a list chronologically, they would be listed as follows:

Oliver Wendell Holmes, Jr.
Charles Evans Hughes
Louis Brandeis
Harlan Fiske Stone
Benjamin Cardozo
Hugo Black
Felix Frankfurter
William O. Douglas
Earl Warren
William J. Brennan, Jr.
Thurgood Marshall
Harry Blackmun
John Paul Stevens
Sandra Day O’Connor
Ruth Bader Ginsburg

Note that 9 of these 15 Supreme Court Justices were appointed by Republicans—Holmes by Theodore Roosevelt; Hughes by William Howard Taft and then elevated to Chief Justice by Herbert Hoover; Stone by Calvin Coolidge; Cardozo by Herbert Hoover; Warren and Brennan by Dwight D. Eisenhower; Blackmun by Richard Nixon; Stevens by Gerald Ford; and O’Connor by Ronald Reagan.

Democratic Presidents chose the following: Brandeis by Woodrow Wilson; Black, Frankfurter and Douglas by Franklin D. Roosevelt; Stone elevated to Chief Justice by FDR; Marshall by Lyndon B. Johnson; and Ginsburg by Bill Clinton.

Republican Presidents And Ten Exceptional Supreme Court Appointments Since 1900!

Republican Presidents have contributed many outstanding Supreme Court Justice from the time of Theodore Roosevelt through the Presidency of George H. W. Bush, from 1902 through 1990.

Ten Justices can be seen as having a very positive impact on the Court, often surprising the Republican Presidents who appointed them, as many could have been appointed by Democratic Presidents in retrospect!

These Justices include:

Oliver Wendell Holmes, appointed by Theodore Roosevelt, and serving from 1902-1932.

Harlan Fiske Stone, appointed by Calvin Coolidge, and serving as Associate Justice from 1925-1941, and then elevated to Chief Justice by Franklin D. Roosevelt from 1941-1946.

Charles Evans Hughes, originally appointed by William Howard Taft, and serving as Associate Justice from 1910-1916, resigning to run as the Republican Presidential nominee in 1916, and then, reappointed, now as Chief Justice by Herbert Hoover, and serving from 1930-1941.

Benjamin Cardozo, appointed by Herbert Hoover, and serving from 1932-1938.

Earl Warren, appointed by Dwight D. Eisenhower, and serving as Chief Justice from 1953-1969.

William Brennan, appointed by Dwight D. Eisenhower, and serving from 1956-1990.

Harry Blackmun, appointed by Richard Nixon, and serving from 1970-1994.

John Paul Stevens, appointed by Gerald Ford, and serving from 1975-2010.

Sandra Day O’Connor, appointed by Ronald Reagan, and serving from 1981-2006.

David Souter, appointed by George H. W. Bush, and serving from 1990-2009.

Any scholarly listing of great Supreme Court Justices would certainly list Holmes, Warren, Brennan, Blackmun, and possibly Stevens in the top ten Supreme Court Justices of all time, a total of 112 Justices in the history of the Supreme Court up to now. And Stone, Hughes, Cardozo, O’Connor, and Souter would all rank in the next ten, making this list part of the top 20 out of the entire list. And Stone, Hughes and Warren served as Chief Justices, arguably the three best Chief Justices, following the greatest Chief Justice of all time, Chief Justice John Marshall (1801-1835)!

All of this above list, except Cardozo, served for a long time, from a low of 16 years for Warren, up to 35 for Stevens, and even Cardozo is rated as being an outstanding Justice, despite his short period on the Court.

So the Republican Party and Presidents, often by misjudgment or error, selected many of the greatest Supreme Court Justices in its history in the 20th century!

40th Anniversary Of Gerald Ford Becoming President: A Blessing For The Nation!

It has been 40 years since Gerald Ford became President, upon the resignation of our most dangerous President, Richard Nixon, due to his impending impeachment and trial in Congress, based on charges of abuse of power and obstruction of justice in the Watergate Scandal.

The 25th Amendment, only ratified and added to the Constitution in 1967, allowed Ford, who had replaced the corrupt Vice President Spiro Agnew, to become our 38th President.

Ford helped to end the great national nightmare of a corrupt President and a corrupt Vice President. He was the right man for the time, well liked and well respected, and not ambitious to be President. All Ford had wanted to do in his 25 year career in the House of Representatives was to become Speaker of the House.

Suddenly thrust into the responsibilities of the Presidency, Ford showed courage and guts in his selection of Nelson Rockefeller as his Vice President; the pardoning of Richard Nixon, which probably helped to defeat him in a close race for the Presidency in 1976 with Jimmy Carter; his handling of the Mayaguez Affair with Cambodia, which save captured hostages; and his brilliant appointment of Associate Justice John Paul Stevens.

Ford knew how to cross the aisle, and make friends of rivals, including President Carter, with the two men becoming fast friends once Carter left office, and with Carter giving the eulogy at Ford’s funeral in 2006.

Ford also gave us one of the greatest First Ladies in American history in Betty Ford, and his moderate conservatism is what one would wish for now from the much further right wing Republican Party of 2014.

It is well worth a visit to Grand Rapids, Michigan, to the Ford Presidential Museum, as this author and blogger did a year ago, which caused him to gain growing respect for the 38th President of the United States, who showed up at the precisely proper time when the Presidency itself was under attack!

The Supreme Court Of 2014 Most Right Wing Since Early 1930s!

The Supreme Court has been controversial at different times in its history, but the present Court of 2014 is considered the most right wing Court majority since the early 1930s!

Since the Warren Court, which began in the 1950s, we have never had such conservative Justices as we have now.

Three of the present Justices are among the most conservative ever to sit on the Court, including Justice Antonin Scalia, Justice Clarence Thomas, and Justice Samuel Alito.

If one adds former Chief Justice William Rehnquist and former Associate Justice Lewis Powell, we have the five most conservative Justice since 1953, a period of 60 years.

Not much behind is Chief Justice John Roberts and Associate Justice Anthony Kennedy, both capable of surprises in their votes and rulings, but still most of the time joining Scalia, Thomas, and Alito.

These seven named Justices were all picked by Republican Presidents–two by Richard Nixon; two by Ronald Reagan, plus his promotion of Rehnquist to the Chief Justiceship; one by George H. W. Bush; and two by George W. Bush.

But also, Republican Presidents have selected Justices who turned out to be quite moderate, and even sometimes liberal, including Chief Justice Earl Warren and Associate Justice William Brennan by Dwight D. Eisenhower; Chief Justice Warren Burger and Associate Justice Harry Blackmun by Richard Nixon; John Paul Stevens by Gerald Ford; Sandra Day O’Connor by Ronald Reagan; and David Souter by George H. W. Bush.

Since 1953, Republicans have controlled the White House for 36 years, while Democrats have had control for 25 plus years, and that has caused the right wing tilt of the Court, which could have been even more so, if not for the surprises presented by the seven “less” conservative, and some “quite liberal” Justices listed in the above paragraph!

So the Republicans have chosen 17 of the past 25 Justices since 1953, with John F. Kennedy picking two, but one (Byron White) turning out to be conservative, and Arthur Goldberg leaving the Court after only three years, due to the urging of Lyndon Johnson that he become United Nations Ambassador. Johnson selected Abe Fortas to replace Goldberg, but he stayed on the Court for only four years, and left the Court under the cloud of scandal. The first African American Justice, Thurgood Marshall, would go on to serve as a champion liberal for 24 years from 1967 to 1991.

Jimmy Carter would have no appointments to the Court in his four years in the White House, the only such situation in the 20th century, and one of only four Presidents to have had no appointments, but the only one to have a full term in the Presidency. The other three Presidents were William Henry Harrison (one month); Zachary Taylor (16 months); and Andrew Johnson (almost a complete term, but so unpopular that the Senate would not confirm any Court appointments in his time in office).

Bill Clinton selected Ruth Bader Ginsburg and Stephen Breyer; and Barack Obama has chosen Sonia Sotomayor and Elena Kagan as his appointments, so far, on the Supreme Court. So note that out of the eight appointments by Democrats in the Presidency, three have been women; five have been Jewish; one has been African American; and one has been Puerto Rican, with only Byron White being a typical white Anglo Saxon Protestant.

The question has now arisen whether Ginsberg, and maybe even Breyer, should retire, and guarantee that Obama could replace them, with the concern that the Senate might go Republican in November, making any Court appointment nearly impossible due to gridlock and stalemate. There is also fear that were the Republicans to win the White House in 2016, which is highly unlikely, that then the Court would be ever more right wing reactionary than it already is.

It is a calculated gamble for Ginsburg and Breyer to remain on the Court for now, but it is not uncommon for Justices to retire at very advanced ages–such as Blackmun at 85 and Stevens at 90!

So do not expect that either will retire, but with a good chance of Democrats retaining the Senate majority in 2014, or regaining it on the back of the Democratic Presidential nominee’s expected major victory in 2016!