Merrick Garland

A Way To Promote End Of Political Polarization: Nominate Merrick Garland A Justice Of The Supreme Court

Assuming that the nomination of Brett Kavanaugh to the Supreme Court fails to gain a majority of the US Senate, the future of the Court and its reputation remains at stake.

One way to resolve it is for both Republicans and Democrats to work toward the end of polarization, and call upon President Donald Trump to nominate Merrick Garland to the empty seat on the Supreme Court, three years after he was summarily dismissed and ignored by the Republicans, when President Barack Obama nominated him to replace Antonin Scalia, who died in February 2016.

Merrick Garland was seen by Obama as a compromise choice, whom the Republicans would accept, as he is seen as a moderate, and has a distinguished background as the Chief Judge of the US Court Of Appeals for the DC Circuit, the highest court next to the Supreme Court.

Garland is technically the “boss” of Brett Kavanaugh, and also was of Supreme Court Justice Neil Gorsuch, and both of them have always been very positive in their views of Garland.

Being in his mid 60s. Garland would serve far less than the theoretical 30 years that Gorsuch might serve, and that Kananaugh might serve if he was confirmed.

Garland is perfectly qualified to keep the Court balanced, and would likely replace Anthony Kennedy as the “swing vote” on the Court, and would prevent the kind of polarization represented by an extreme right wing choice for the Supreme Court, keeping it as four liberals, four conservatives, and Garland as the crucial vote, sometimes siding with one or the other side, as Anthony Kennedy did, and earlier, Sandra Day O’Connor did.

Why could not the two parties agree to a truce, to work toward cooperation, and return the US Senate to what it was under Lyndon B. Johnson and Ronald Reagan, when Senator Everett Dirksen worked with LBJ, and Speaker of the House Thomas “Tip” O’Neill did with Reagan, working across the aisle on many matters?

It is proper that Merrick Garland be put on the Court, as a distinguished, and accomplished man, who deserves, belatedly, three years late, to give his service to our nation’s highest Court.

The Kavanaugh Supreme Court Battle Increases Chances Of Democratic Controlled Senate In 116th Congress

The battle over the Supreme Court nomination of Brett Kavanaugh, who now faces further scrutiny, due to sexual assault charges, improves the chances of the Democrats being able to win the US Senate for the 116th Congress.

As a result of this situation, none of the ten “Red State” Democrats need to feel political pressure to back Kavanaugh, as three of them did for Neil Gorsuch in 2017.

And it seems highly likely that two Republican women Senators, Susan Collins of Maine and Lisa Murkowski of Alaska, will now be able to justify refusing to support Kavanaugh, if he does not withdraw.

Even two Senators who are leaving at the end of the year, Bob Corker of Tennessee and Jeff Flake of Arizona, might also reject Kavanaugh if he comes up for a vote after next week’s hearings for his accuser, as well as for Kavanaugh himself.

So it now seems likely that there will be no new Supreme Court nominee before the election, and probably not before the new Congress, and if the Democrats can win Arizona, Nevada, Tennessee, and Texas, or at least two of those states, and keep all 49 of their Senators, then they have the ability to tell Donald Trump, that they will refuse to accept any appointment to the Court, except Merrick Garland, who was denied a hearing in 2016.

Since Garland is a moderate centrist, and in his mid 60s, his appointment to the Court would be shorter in duration, but it would keep a balanced Court, and allow a good man to gain what he was entitled to two years ago.

So there may be yet some justice in this whole situation, or else Trump may have to live with a long term eight member Court.

Supreme Court Membership Could Be Increased In Future By Democratic Party Senate Majority, Perfectly Legal

Progressives have developed the idea that in the future, when Democrats gain the majority of the US Senate, they may move toward increasing the membership of the Supreme Court, playing hardball as much as the Republicans have under Senate Majority Leader Mitch McConnell.

McConnell refused to allow hearings for Merrick Garland, Barack Obama’s Supreme Court nominee to replace the dead Antonin Scalia, saying it was an election year, and improper to allow an outgoing President to make an appointment.

This was preposterous, as John Adams named John Marshall Chief Justice in 1801, after losing reelection to Thomas Jefferson; Andrew Jackson chose Supreme Court Chief Justice Roger Taney in 1836, his last year in office; and Grover Cleveland, Benjamin Harrison and William Howard Taft chose Justices in their last year in office; and Herbert Hoover chose Benjamin Cardozo in 1932, his last year in office; and Dwight D. Eisenhower chose William Brennan in the year of his reelection campaign; and Ronald Reagan chose Anthony Kennedy in his last year in office in 1988.

We have had differing numbers of justices. up to ten, and there is no constitutional barring of adding more Justices, as Franklin D. Roosevelt wished to do in 1937.

What is good for the goose is good for the gander, as the saying goes, and this might be a way to wield power on the part of the Democrats to create a balanced Court, as otherwise, we will have the most extremist Court since the 1920s!

The Tough Battle Ahead On Supreme Court Replacement For Justice Anthony Kennedy

The retirement of Supreme Court Justice Anthony Kennedy, a conservative but moderate on such issues as gay rights and gay marriage, abortion, affirmative action, flag burning, and the use of the death penalty, leaves the Senate in a tough battle for confirmation of whoever Donald Trump appoints as his replacement.

The fair thing to do would be to postpone the appointment and confirmation hearings until after the midterm elections of 2018, just as Senate Majority Leader Mitch McConnell prevented hearings and a vote on Barack Obama’s choice of Merrick Garland to replace Justice Antonin Scalia in 2016, a Presidential election year. But it is clear McConnell has no such intentions to treat this situation in the same manner as he did two years ago.

So the question is whether there is any possibility of stopping a Trump appointment, and it seems pretty gloomy and very little chance to intervene and delay or prevent a confirmation of a new Supreme Court Justice.

With only 49 votes, the Democrats need one or two Republicans to join them in opposition, and for all Democrats, including more moderate and conservative members of the caucus, to stay loyal, even in an election year where 10 Senators who are running for reelection are from Trump carried states.

The saddest part of all this is that now we will have FOUR Supreme Court Justices–two by George W. Bush and two by Donald Trump–selected by Presidents who massively lost the popular vote in the elections in 2000 and 2016 when the Electoral College went to them.

Six of the last seven Presidential elections have seen the popular vote won by Democrats, all but 2004 since 1992, but the power over the future of the Supreme Court has been lost for the long term, for the next 30 years, beyond the theoretical lifetime of this author and blogger, and of many people who are 40 or over right now!

The Muslim Ban Decision Of The Supreme Court (Trump V Hawaii) Will Go Down As One Of Worst Decisions In 229 Years Of Our National History!

The Supreme Court has just made one of the worst decisions in its 229 year history, and has besmirched its own reputation in the process.

It will match such decisions as the Dred Scott Case of 1857; Plessy V Ferguson 1896; and Korematsu V US 1944—all racist decisions justifying slavery, racial segregation, and the internment of Japanese Americans in internment camps during World War II.

All have been roundly condemned, as violations of basic human rights and civil liberties, and now, once again, the Supreme Court has proved how it has allowed itself to promote discrimination and racial prejudice, all in the name of “national security”.

Instead of labeling African Americans or Japanese Americans, now the whole Islamic religion has been judged as a threat to national security, based on the hysteria and racism of Donald Trump.

We have, therefore, allowed an authoritarian who threatens our whole system of government to win a case based purely on bias and religious hatred.

This is a slippery slope that can lead to victimization in the future of people from other nations and other religions.

Jews who were refused entrance in the late 1930s, and now people from Central America who want to escape similar violence and bloodshed and are being held in detention away from their children, are just further examples of how religious prejudice and racism are winning out.

The John Roberts Court has undermined its own reputation in the process, and will be condemned in history.

And the fact that Merrick Garland, appointed by President Obama, was denied a hearing for the Supreme Court vacancy in 2016, led to Neil Gorsuch, who predictably now and in the future will advocate an extreme right wing agenda, harming our constitutional liberties for the next thirty years.

The fact that three members of the Court would not be there if the popular vote had won out in 2000 and 2016 just adds to the tragedy, as George W. Bush would not have been able to appoint John Roberts and Samuel Alito, and Donald Trump would not have been able to appoint Neil Gorsuch.

Sonia Sotomayor registered her vehement dissent, along with Ruth Bader Ginsburg, and the opposition of Stephen Breyer and Elena Kagan. But it was all for naught!

America’s reputation has been permanently damaged, and we are no safer against those Muslims who are extremists, who are now emboldened to do harm more than ever, and at the same time, those Muslims in America who have served in our armed forces honorably, and those who have done good work in other fields, have been slapped in the face.

Our most ugly side as a nation has been displayed for all to see, and anyone who believes in justice and fair play is weeping today, and will for the long term of our history as a nation, as tolerance and open mindedness have been denied!

Mitch McConnell Defies Decency: Merrick Garland, And Now Doug Jones

Senate Majority Leader Mitch McConnell (R-Kentucky) is once again engaged in outrageous and despicable behavior.

In 2009, he declared that the Republican Party would do everything to block all legislation and other actions by Barack Obama, so he would be a one term President.

That move failed, but McConnell and his Republican Party did everything possible to block circuit and district court nominations by Obama, and now they are rushing through incompetent appointments by Donald Trump, people who have no or horrible credentials to have lifetime jobs on the circuit and district courts.

McConnell also would not allow Obama’s Supreme Court appointment of Merrick Garland to have a hearing, let alone a vote in 2016, because Obama was in his last year in the White House, even though historically, there have been a number of appointments in the last year of a Presidential term or a Presidency.

So we ended up with right winger Neil Gorsuch on the Supreme Court, who was overruled by the rest of the Supreme Court on a case when he still was a Circuit Court judge.

And now, with Doug Jones having won the Alabama Senate race, and ready to be sworn in, McConnell will not allow that to happen before the vote on the tax legislation which will redistribute the wealth to the wealthy and corporations, at the expense of the middle class, struggling working class, and the poor, elderly, and disabled. So instead, defeated Senator Luther Strange will be able to cast his vote, when he should no longer have that right.

There is a special place in hell for people like Mitch McConnell!

115th Congress Begins Tomorrow: Joe Biden Could Have A Surprise (We Can Hope)!

Tuesday, January 3, is the opening of the 115th Congress, but Joe Biden is still Vice President for 17 days more, and could have a surprise up his sleeve, which is perfectly constitutional.

What is this potential surprise?

Joe Biden, in league with Democrats in the US Senate, can call for an immediate vote on the languishing Supreme Court appointment of Merrick Garland, made ten months ago, to replace Justice Antonin Scalia, who died in February of last year.

It is unheard of to deny the Supreme Court a full number of members for an entire year, but this is what the Republicans and Senate Majority Leader Mitch McConnell did, and it borders on unconstitutionality, for which the Republicans have suffered no consequences.

Joe Biden, after 36 years in the US Senate, and eight as Vice President under Barack Obama, has continued to keep good relationships across the aisle, and was praised profusely recently by Republicans, as well as Democrats, in a near eulogy about his great Senate and public service.

But that does not mean that Joe Biden is, as nice and gracious and cordial and warm as he is, not willing to be a gutter fighter over principles he believes in, and he was vehement at the unfairness of not giving Merrick Garland a Senate hearing at the least, on his unquestioned qualifications to be a Supreme Court Justice.

Garland was “railroaded” in Biden’s mind, victimized for no good reason, and Joe feels Garland should not be pushed by the wayside, in his own heart and mind.

So the rumors were around, and then hushed, that Joe Biden might call for a vote of the 66 returning Senators who do not need to be sworn in by him after 12 noon tomorrow.

If he decides to call a vote, the balance of those 66 Senators is 34 Democrats, 2 Independents (Bernie Sanders and Angus King), and 30 Republicans, so on a straight party line vote, Garland would be confirmed 36-30, and Mitch McConnell and the Republicans could do NOTHING about it legally, as it is constitutional to call a vote, and there is no constitutional requirement to have hearings. Many Justices never had hearings, which only became customary and drawn out in the 1980s, when Joe Biden led the fight with Ted Kennedy against Robert Bork, and later in the 1990s and since, when Joe Biden led the fight against Clarence Thomas on the Court.

So the point is that Joe Biden knows now to play “hard ball”, and he just could surprise us tomorrow, which would lead to condemnation by the right wing and Republicans, but who really cares?

The GOP does not worry about being nasty and playing “hard ball”! In fact, they specialize and revel in it, so let them stew in their own juice!

Let us hope that Joe makes news and distinction for one of his last actions as Vice President and Presiding Officer of the US Senate.

Let him become the center of attention, and maybe, just maybe, if he stays in good health, he can break a new barrier in four years, becoming the oldest President of the United States at age 78, making Donald Trump and Ronald Reagan look like youngsters by comparison.

Certainly, Joe Biden, the common man with no fortune, running against the wealthiest and most arrogant man to ever hold the Presidency, Donald Trump, would look very tempting as an alternative in 2020, since so many think he could have won the difference in the vote in Michigan, Wisconsin, and Pennsylvania, had he run, and son Beau Biden had not tragically passed away in 2015.

And there are strong hints that Delaware Senator Tom Carper, with a long distinguished career with six years as State Treasurer, ten years as Congressman, eight years as Governor, and 18 years as US Senator by the end of 2018, may wish to retire, so imagine this!

Joe Biden could run for and win back a Senate seat and add to his 36 years in the Senate, and be a sitting Senator if he decides to run for President again, and if not, he can still serve his nation in the US Senate, and add to his distinguished record of public service!