Merrick Garland

An Inspiring Victory For Gay And Transgender Employment Rights, As John Roberts And Neil Gorsuch Come Through!

In a year which has been so depressing in so many ways, a great and inspiring event occurred today, when the Supreme Court voted 6-3 to protect gay and transgender employment rights.

Chief Justice John Roberts (appointed by George W. Bush in 2005) and Associate Justice Neil Gorsuch (appointed by Donald Trump in 2017) voted with the four Democratic appointed Justices to bring about this victory.

A major rebuttal was issued to the decision by two of the three other Justices, Samuel Alito and Brett Kavanaugh, appointed by George W. Bush and Donald Trump, respectively.

The decision shows once again how unpredictable judges and Justices can be, as to have the two Justices appointed by both Bush and Trump split on this case.

This decision is a repudiation of the anti gay stand of Donald Trump, and one wonders whether other decisions in the next two weeks will also go against Trump.

Thank goodness that, while the Supreme Court is at times disappointing in its decisions, it also can be very surprising and advanced.

A lot of it has to do with Roberts, who clearly wants to have “his” Court have a good reputation in history, and has been helpful on some cases, including upholding the Affordable Care Act in 2013, and he likely will continue to uphold that law soon, in another challenge.

And the idea that Neil Gorsuch, who gained the position that Barack Obama appointed Merrick Garland to, and was not even given the chance for a hearing and a vote on the appointment, was also in the majority on this case, is a welcome sign of a pyrrhic victory for Donald Trump, in getting Gorsuch on the Court!

Nancy Pelosi Right To Demand Fair Impeachment Trial, But Mitch McConnell Has Control, So Trial May Be Delayed

Speaker of the House Nancy Pelosi is delaying the sending of the two impeachment articles against Donald Trump to the Senate, due to Senate Majority Leader Mitch McConnell’s plans to stage a phony trial, without any witnesses or evidence.

So it is a game of the powerful woman leader of the lower house of Congress against the powerful male leader of the US Senate.

The result may be an extended delay in the commencement of the trial, but as Pelosi has said, Donald Trump has still been impeached, only the third such case in American history, and nothing will delete that as part of his legacy, and eventually in his obituary.

Trump has been denounced and condemned as a law breaker, and this insures that he will go down as a Presidential failure and disaster, at the bottom of the list of Presidents for all time, unlikely to rise above any other President on the list.

Nancy Pelosi, the most powerful woman in American history, will go down as one of the greatest Speakers in the history of the House of Representatives, alongside Sam Rayburn, Thomas “Tip” O’Neill, and Henry Clay.

And Mitch McConnell will go down as one of the worst Senate Majority Leaders, who refused to move the nomination of Merrick Garland to the Supreme Court in 2016, refusing even a hearing; who has been a total lackey to Donald Trump, and with his wife Elaine Chao being Secretary of Transportation under Trump; and who has sat on nearly 400 pieces of legislation passed by the House of Representatives in 2019, as the Senate becomes totally ineffective as a legislative body.

Hopefully, the state of Kentucky, where his public opinion ratings are the lowest of any Senator, will defeat him and retire him in November 2020 when he comes up for reelection after 36 years in the upper chamber.

Senator Majority Leader Mitch McConnell A Traitor To American Values And National Security, And Will Be A Leading Villain In American History!

Senate Majority Leader Mitch McConnell of Kentucky will go down in history as a traitor to American values and national security, and be seen as a leading villain in American history.

When one compares him to other Senate Majority Leaders, including:

Democrats Alben Barkley, Lyndon B. Johnson, Mike Mansfield, Robert Byrd, George Mitchell, and Tom Daschle

and Republicans Howard Baker and Bob Dole

McConnell pales by comparison.

The fact that his wife, Secretary of Transportation Elaine Chao, is in the Trump Cabinet, is in itself a massive example of corruption and conflict of interest.

But beyond that, McConnell denied President Barack Obama his right to have a Supreme Court Justice nominee, Merrick Garland, to be considered for the Court in 2016.

McConnell has also refused to allow any strengthening of voter security to prevent a Russian government collusion in our election system, as occurred in 2016.

McConnell has also been involved with Russian businessmen investing in Kentucky industrial projects, a clear cut example of treason.

McConnell has made clear that if a Supreme Court appointment occurs in the election year of 2020, he will allow such an appointment, after NOT allowing it in 2016.

McConnell has not allowed votes on House of Representatives bills, with the ability to vote them down, but not even allowing a vote on so much potential legislation, in order to avoid the Republicans in the Senate from putting their careers on the line by actually having to vote to prevent reforms of all kinds.

McConnell’s major goals has been to enrich the top one percent with tax cuts; to destroy all regulations possible on business and industry and destroy as much of the Great Society programs of Lyndon B. Johnson and the New Deal programs of Franklin D. Roosevelt; and to pack the federal courts with extremist right wing judges, many of them incompetent, who wish to destroy civil rights, organized labor, consumer rights, environmental regulations, women’s rights; and other progressive causes and laws, wiping out all fairness and movements towards social justice and equality.

The Most Evil Man In The US Senate: Mitch McConnell Of Kentucky, Setting Out To Destroy The Legal System And Legal Precedents!

Senate Majority Leader Mitch McConnell of Kentucky clearly is the most evil man in the Senate, setting out to destroy the legal system and legal precedents that have been accomplished over many decades and administrations.

He is striving, successfully, to set up a judicial system which will set America back legally for the next thirty years, as his legacy. His refusal to allow a hearing for Merrick Garland, Barack Obama’s nominee to replace Antonin Scalia in 2016, and the rushed confirmation of many unqualified and despicable district court and circuit nominees for life terms in office is insuring a gloomy future for civil rights and civil liberties. And now, he has said he will push the confirmation of a Supreme Court judge if either Ruth Bader Ginsburg or Stephen Breyer were to leave the Court in 2020.

His corruption is out of control, and his wife, Secretary of Transportation Elaine Chao, has clearly been involved in corrupt financial actions while working for Donald Trump. This power couple should not be able to have such power and influence, with the obvious conflict of interest that promotes their support of Donald Trump, and unwillingness on the part of McConnell to challenge the President on his abuse of power and obstruction of justice.

Hopefully, again they will pay the price in legal charges brought against Elaine Chao, and the defeat of Mitch McConnell for reelection in 2020. Mitch McConnell has violated his oath of office and subverted the democratic process. And Elaine Chao has proved she is yet another of the corrupt cabinet officers under Donald Trump!

From Barry Goldwater And Hugh Scott To Mitt Romney And Mitch McConnell: The Loss of Republican Principle

Forty five years ago, there were distinguished Republican Senators who stood up for principle, and pressured President Richard Nixon to resign for his abuse of power in the Watergate Scandal.

These included 1964 Republican Presidential nominee Barry Goldwater of Arizona, and Senate Minority Leader Hugh Scott of Pennsylvania, who went to the White House with others to inform him that the vast majority of Republicans were not with the President, and would vote to remove him in an upcoming impeachment trial.

Like any Senator, they wished to promote the advancement of their party and its goals, but also believed in the rule of law.

So they stand out as profiles in courage for their public actions and statements, which did the Republican Party proud.

Now, 45 years later, we have Republican Senators, who on the surface are principled and unhappy about the abuse of power of President Donald Trump, but beyond words, will not take action to inform Donald Trump that his time is up.

So we have Senator Mitt Romney of Utah, the 2012 Republican Presidential nominee; and Senate Majority Leader Mitch McConnell of Kentucky.

Romney has condemned the actions and behavior of President Donald Trump, but it is just words, as Romney has refused to take leadership to promote the impeachment or resignation of the 45th President.

Meanwhile, McConnell, who worked to deny Barack Obama a second term in the Presidency, and to prevent Merrick Garland from being considered for a Supreme Court vacancy in 2016, has led the charge to cooperate with Trump, as the only purposes McConnell cares about are more massive tax cuts for the wealthy one percent, and the promotion of extremist right wing judges and justices, which will distort constitutional law for the next two generations.

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!