John Roberts

Justices Scalia, Thomas, Alito MUST Go!

Three members of the Supreme Court live in their own parallel world of the Founding Fathers and the Gilded Age and the 1920s, and refuse to consider modernization as a factor in their judicial judgments!

Antonin Scalia, appointed in 1986 by Ronald Reagan; Clarence Thomas, appointed in 1991 by George H. W. Bush; and Samuel Alito, appointed in 2006 by George W. Bush are a team of three, which has worked against gender equality,racial equality, fair treatment to immigrants, and gay rights, among other modern controversies.

Often, Chief Justice John Roberts joins them, and sometimes, but less often than Roberts, Justice Anthony Kennedy also joins to make a right wing five on the Court.

But Roberts and Kennedy have also taken stands with the four liberal justices on the Court lately–Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

It is time to demand that Justices Scalia, Thomas, and Alito adjust to modern times, or else leave the Court, and there is a dire need to have a constitutional amendment to limit the terms of all federal judges at all levels, to promote open mindedness and diversity, and allow for change after, at most 18-20 years!

Presidents, Supreme Court Justices, And First Term Nominations: All But Monroe, FDR, George W. Bush!

This blogger heard the statement of Ralph Nader, a guest on Bill Maher’s “Real Time” HBO show recently, that if only the Democrats had won the 2004 Presidential Election, the Supreme Court would have been dramatically different than it is today!

Present Secretary of State John Kerry lost to George W. Bush, who became only the third President to have to wait until his second term of office to nominate and confirm a Supreme Court Justice! Bush proceeded to select Chief Justice John Roberts and Associate Justice Samuel Alito, who have together had a dramatic effect on Court decisions in a very right wing manner!

Only James Monroe and Franklin D. Roosevelt failed to have a Supreme Court nominee in their first term, and only William Henry Harrison, Zachary Taylor, and Jimmy Carter were unable to make any appointments to the high Court, due to lack of vacancies. Even President James A. Garfield, shot after four months in office, had an appointee to the Supreme Court after two months in office! And FDR may not have had appointments in his first term, but he ended up having a total of nine appointments between 1937 and 1943 over six and a half years!

This is something to keep in mind, the power of the President to affect the Supreme Court’s future, and with the certainty that there will be vacancies on the high Court in the next Presidential term, making the election of a Democrat to the White House, and a Democratic Senate after 2016, ever more urgent!

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!

The Schizoid Supreme Court: All Based On Moods Of John Roberts And Anthony Kennedy!

It is clear that the Roberts Supreme Court is a schizoid body, sometimes doing what is right, and sometimes going totally wrong!

So the Roberts Court upheld the Affordable Care Act; gay marriage; and environmental regulations now–all attacks on states rights in these areas.

But at the same time, they have opened up the political system to corruption by billionaires with recent decisions; have weakened the Voting Rights Act; and have damaged affirmative action, believing that civil rights no longer is a major problem, just as we realize the extent of racism that still exists in America, despite having an African American President!

It all comes down to the mood of Chief Justice John Roberts and Associate Justice Anthony Kennedy. as the votes of Antonin Scalia, Clarence Thomas, and Samuel Alito, are extremely predictable, based on their own lack of ethics in their business dealings, and their close association with the Koch Brothers, creating a conflict of interest.

If things were legitimate, Justices Scalia and Thomas, in particular, would be facing impeachment and removal from the Court, as they have demonstrated that they are the most obstructive Justices of the past century, only matched by Chief Justice William Rehnquist, but with an argument that they are more right wing than Rehnquist ever was!

The Dangers Of The Supreme Court Run Amuck In Favor Of Wealthy And Corporations!

The Supreme Court is totally out of control, with its new decision on having no limits on campaign spending by wealthy donors, added on to the Citizens United Case of 2010, and the limitation of voting rights in a 2013 decision.

Chief Justice John Roberts has solidified a five member GOP majority to destroy all attempts to prevent corporate and wealthy people from controlling the political system, an effort pursued from the time of Theodore Roosevelt a century ago through Senator John McCain and Senator Russ Feingold in the 1990s and early 2000s.

That is all for naught now, and shows the dangers of a runaway, reckless, right wing radical Court!

This is what made Thomas Jefferson, Andrew Jackson, Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, and Barack Obama criticize Court power, along with progressive reformers including Senator Robert La Follette of Wisconsin, Senator George Norris of Nebraska, Senator Russ Feingold of Wisconsin, Senator Paul Wellstone of Minnesota, and Senator Bernie Sanders of Vermont!

This is the result of 13 Supreme Court nominees since 1960 by Republican Presidents, to only 8 by Democrats, and with two of those Democratic appointments (Arthur Goldberg by John F. Kennedy and Abe Fortas by Lyndon B. Johnson), only lasting three and four years respectively.

Of course, Republican appointments of 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, turned out to be major surprises in their rulings, but we also ended up with some of the most reactionary and right wing radical appointments in all of American history with the appointments of William Rehnquist by Richard Nixon and the elevation of Rehnquist to Chief Justice by Ronald Reagan; Lewis Powell by Richard Nixon; Antonin Scalia by Ronald Reagan; Clarence Thomas by George H. W. Bush; and Samuel Alito by George W. Bush. The appointments of Chief Justice Warren Burger by Richard Nixon; Anthony Kennedy by Ronald Reagan; and Chief Justice John Roberts by George W. Bush, have been more of a mixed bag, sometimes good, and sometimes horrible in its effect on constitutional law!

Meanwhile, John F. Kennedy selected a mostly conservative Justice Byron White; Lyndon B Johnson selected Thurgood Marshall; Bill Clinton selected Ruth Bader Ginsburg and Stephen Breyer; and Barack Obama selected Sonia Sotomayor and Elena Kagan, but sadly, their influence in the last four of the five names listed, has been mostly in being the opposition, sometimes vehement in nature!

The effect on the future of American democracy is massive, with this right wing Court majority, and the only hope is the eventual retirement of Scalia and Kennedy, and hopefully, continuation of a Democratic Senate and President for the rest of the decade, so that the Court changes direction in the future!

The Schizophrenic Supreme Court Of Chief Justice John Roberts

The Supreme Court of Chief Justice John Roberts has been a schizophrenic one, with some decisions hailed as far reaching, and others seen as regressive.

In the first category would be, for instance, the decisions upholding ObamaCare in 2012 and Gay Marriage rights in 2013.

Regressive cases would include the Citizens United Case of 2010, giving corporations unlimited ability to spend money on elections, helping the rise of the Tea Party Movement; and the decision in 2013 which negated much of the Voting Rights Act of 1965, making it possible for North Carolina, Texas, and other states to curb the rights of African Americans, Hispanics, senior citizens, the disabled, and students at universities and colleges in their states.

So there is justification in hailing the Court on some cases, and to condemn them on other cases, and it can truly be said that the Court has a schizophrenic nature, only to be changed in the future as Democratic Presidents gain the opportunity to replace Republicans as the years go by.

The Future Democratic Party Majority On The US Supreme Court

When one looks at the Supreme Court in recent decades, it is clear that it has been a conservative Supreme Court, dominated by Republican appointments, and it has shown in such decisions as the Citizens United Case of 2010, and the partial repeal of the Voting Rights Act in 2013, along with numerous other such cases tilted to the right side of the political spectrum.

So for progressives and Democrats, it has been a difficult time, wondering how the Supreme Court can be returned to the glorious era of the Warren Court and Burger Court from 1953-1986.

But there is the reality that the Supreme Court’s future for the Democratic Party and progressivism is very bright over the next decade, assuming what seems highly likely, that Hillary Clinton, Joe Biden or some other Democratic Presidential nominee will have the electoral college advantage for 2016, and likely for the following 2020 Presidential election.

If indeed the Democrats keep the White House beyond 2016, time and age will turn the Court into a majority Democratic Party appointed Court for sure!

History tells us this fact: If a party keeps control of the White House for an extended period of time, the Court becomes more than ever reflective of that political party.

So, for example, from 1933-1953, we had 20 years of Franklin D. Roosevelt and Harry Truman in the White House, and a total of 13 Supreme Court appointments, all by these two Democratic Presidents, helping to shape the future Court, with a few “liberal” appointments by Republican President Dwight D. Eisenhower (Earl Warren and William Brennan), insuring a continuation of that trend.

But it can be said that from 1953-2013, sixty years of history, the Republicans held the White House for a total of 36 years to the Democrats’ total of 24 years.

In those 60 years, the Republican Presidents made 18 appointments to the Supreme Court, to the Democratic total of just 8 appointments, more than a 2-1 majority. While Republican appointments included Warren, Brennan, Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, and David Souter, all quite liberal appointments, even so it still meant that 12 Republican appointments were quite conservative or VERY conservative, so the Supreme Court represents a strongly Republican flavor.

But now, we have four aging Supreme Court Justices–Ruth Bader Ginsberg (80 this year), Antonin Scalia (77 this year), Anthony Kennedy (77 this year), and Stephen Breyer (75 this year), and to believe that by 2020, that any or all of these members of the Court will be still serving, seems quite unreasonable, as they would be ranging between 82 and 87 by the year 2020!

And Justice Clarence Thomas, although claiming he will stay on the Court for 43 years, until age 86, would be 72 in 2020, and Samuel Alito would 70 in 2020.

No one is saying that either Thomas or Alito will have left the Court, but if the four elderly Justices have left, they would all be Democratic Party appointments if the Democrats keep the White House, highly likely, and that would mean SIX of the nine members of the Court would be Democratic appointments, including Sonia Sotomayor and Elena Kagan.

Only Thomas, Alito, and Chief Justice John Roberts would be Republican appointments in the year 2020 under this scenario!

So, for Democrats and Progressives, there is hope for a very different Court over the next decade and beyond!

The Supreme Court Has Set America Back On Basic Fairness And Justice!

The Supreme Court of the United States is a much revered body, but sadly, in recent years, under Chief Justice John Roberts, the concept of America as a nation based on fairness and justice has suffered setbacks!

There is much evidence of this, but two key developments demonstrate how much the Supreme Court has set back progress!

The Citizens United Case of 2010 has allowed the rise of tremendous corporate spending and that by religious and social conservatives, leading to the rise and influence of the Tea Party Movement, and allowing the creation of stalemated, gridlock government under President Barack Obama, with the first time ever situation of a Republican House of Representatives and a Democratic Senate, with the GOP controlling the purse strings of government, and blocking all attempts to create jobs or promote legislation which advances the American nation. Instead, our government is being influenced by anarchists, couched in libertarianism, with the Koch Brothers and other wealthy corporate interests having undue influence on the deterioration of the rights of women, minorities, gays, and labor, along with attacks on any government regulation of the environment!

And the decision in June of this year, negating part of the Voting Rights Act of 1965, has now allowed many Republican state governments to pass legislation, taking away the basic right of voting on the false concept that voter fraud has been present and widespread, a total lie!

So the rights of minorities, the elderly, poor people, and college students are being curbed, and that is why the Justice Department under Attorney General Eric Holder is bringing laws suits under the curbed Voting Rights Act, trying to reverse the discriminatory legislation on voting in many Southern states, Midwest States, and Great Plains States, all designed to fix the results so that likely Democratic voters will be denied the basic tenet of democracy, the right to vote for one’s government leaders!

It took until the early 20th century under Theodore Roosevelt to gain legislation to take power over government away from the corporations of the Gilded Age, and it took until Lyndon B. Johnson in the 1960s to gain legislation so that all Americans could vote without discrimination!

Now in just three and a half years, the Republican dominated Supreme Court has rejected what TR and LBJ worked so hard to accomplish!

So the battle to overcome the Supreme Court right wing direction is on, and we cannot afford to allow the Court to take away our democracy–a government of, by, and for the people!

Proud Day Of Civil Rights 49 Years Ago, And Now Backtracking On Lyndon B. Johnson!

49 years ago today, President Lyndon B. Johnson had his proudest moment in office, signing the Civil Rights Act of 1964, and then following up with the Voting Rights Act of 1965.

Finally, the tragedy of the years after 1877, the end of Reconstruction, was being rectified, 88 and 89 years after African Americans in the South were abandoned by the Republican Party in preference to an alliance with big business and industry committed to economic aggrandizement, and political insensitivity to not only African Americans, immigrants, women, children and even native born men that made up the industrial labor force, exploited until the Progressive Era started to rectify the worst evils of industrial capitalism!

And now, a half century later after Lyndon B. Johnson, it is the Republicans on the Supreme Court who are allowing unbridled capitalism to be seen as “people”, and in the process corrupting the system again, including victimizing all of the groups above, and negating the protection of minorities, the poor, elderly and college students in the states that had a long history of discrimination in voting rights, and now will have open access to do it once again, as if the civil rights era never occurred!

The Supreme Court majority is attempting to negate the Warren and Burger Courts in the great progress they made toward social justice and legal equality for oppressed groups, and this is a tragedy that will continue to emerge until and when Democratic Presidents can select more members of the Court to replace aging Justices, including Antonin Scalia and Anthony Kennedy.

But sadly, the impact of Chief Justice John Roberts and Associate Justices Clarence Thomas and Samuel Alito, the legacy of the two Bush Presidencies, is likely to continue for the long haul, and set back the nation on so many issues over the years to come!

Two Supreme Court Justices Prove To Be Disasters And Embarrassments: Clarence Thomas And Samuel Alito!

It is now clear that the second Supreme Court nominee choices of George H. W. Bush and his son, George W. Bush, have turned out to be disasters and embarrassments to the Court they serve on!

Clarence Thomas was appointed by the elder Bush, and went through a tumultuous Supreme Court nomination battle, centered on sexual harassment charges by Anita Hill, and his confirmation was the closest vote of a successful nominee in decades!

He has proceeded to be an embarrassment, showing bitterness and the desire for revenge, and sullying the memory of the first African American Justice, Thurgood Marshall, who he replaced on the Court in 1991.

And a beneficiary of affirmative action, he has now, just today, compared affirmative action to slavery and segregation, an absolutely crazy comparison!

This man is inappropriate in his behavior in so many ways, including NEVER asking a question during oral arguments, the only Justice in memory to have that unfortunate distinction!

And then there is Samuel Alito, the appointment of George W. Bush in 2005, who mouthed open opposition to Barack Obama’s criticism of the Citizens United Case in his State of the Union Address in 2010, embarrassing himself and the Court!

And Alito, today, mocked fellow Justice Ruth Bader Ginsberg with gestures, including rolling his eyes, shaking his head, and looking at the ceiling. And Alito apparently has a problem with the other women Justices, Sonia Sotomayor and Elena Kagan, showing disrespect for them in open Court. As Dana Milbank of the Washington Post said today, Alito displays “Middle School antics”.

And imagine, Alito could have been the Chief Justice if John Roberts had already begun testimony to replace Sandra Day O’Connor, but before he could, Chief Justice William Rehnquist died, and President Bush decided to switch Roberts to the Chief Justice position, and so Alito replaced O’Connor as an Associate Justice on the Court! Imagine Chief Justice Alito, the sour puss and nasty personality!

So the Bushes made major mistakes in selection of Thomas and Alito, and the Court is stuck with them for many years, beyond the retirement of another conservative, Antonin Scalia, who is more intelligent, and more charming, even if often obnoxious as well!