Neil Gorsuch

Utah Senator Mike Lee Seems To Have An Edge For Supreme Court Nomination

On June 28, this blogger suggested that Utah Senator Mike Lee was a likely potential possibility for the Supreme Court nominee to replace Justice Anthony Kennedy.

He would be a rarity, a sitting United States Senator, chosen for the Supreme Court.

There is no requirement that a sitting Federal Court judge must be chosen, although that has become the tradition since Governor Earl Warren of California was chosen to be Chief Justice by President Dwight D. Eisenhower in 1953, with only Sandra Day O’Connor, who served in the Arizona State Senate, and chosen by Ronald Reagan in 1981, having any elective experience since then.

As stated on June 28, we had Senators earlier, including most impressively, Hugo Black, who had done good deeds on the Supreme Court.

So the belief that Mike Lee has the advantage comes to the forefront again. It was announced that Lee had been interviewed for the position, so he is on the short list.

Lee is 47, which from the viewpoint of Donald Trump and conservatives, is ideal, meaning a 35 year term on the Supreme Court under normal circumstances.

Lee is a sometimes critic of Trump, who did not back him, which makes him seem independent of any influence by Trump if Lee was on the Court.

Lee is pro life, which would make it hard for Susan Collins and Lisa Murkowski to support him, but neither is needed as long as some Red State Democrats—Joe Manchin, Joe Donnelly, Heidi Heitkamp—all who voted for Neil Gorsuch last year—support him. And both Collins and Murkowski ended up voting for Gorsuch, so their protestations seem weak.

It would be difficult for either Collins or Murkowski to vote against their own party and Senate colleague in the end, as after all, both voted for Jeff Sessions as Attorney General, and Collins even gave a strong endorsement presentation before the Senate Judiciary Committee for his nomination to the Justice Department, despite his outrageous racism.

So I suggest that Lee might be the choice of Trump, and more likely to sail through confirmation, and with a likely 53-46 vote (without John McCain voting), and possibly more Red State Democrats justifying the vote for their “Senate colleague”!

Party loyalty and Senatorial “courtesy” give Mike Lee the advantage, at least in theory, but we shall see!

The Trump Juggernaut Overrunning Moderate Democrats: Between A Rock And A Hard Place!

The Democratic Party is at a crossroads, and moderate Senate Democrats are “between a rock and a hard place”, with the Trump juggernaut about to run them down!

There are 10 Democratic moderates who are running for reelection in states won by Donald Trump.

If they all remained loyal to their party, and IF Susan Collins or Lisa Murkowski joined them, a Supreme Court pick could be stopped, but that is asking for too much to be assured.

And if they do not support the Trump nominee, it could kill their chances of reelection.

But of course, if they vote for the Trump nominee, many Democrats and moderates might decide it is not worth voting, and they will lose their elections anyway.

So what to do?

Joe Manchin of West Virginia, Joe Donnelly of Indiana, and Heidi Heitkamp of North Dakota voted for Neil Gorsuch, Trump’s first Supreme Court nominee, last year.

All three are in great danger of losing their seats, with or without the Supreme Court nominee controversy they now face.

Then we have Claire McCaskill of Missouri and Jon Tester of Montana, also in great danger of losing their seats.

The other five “Red State” Democrats are probably safer, and unlikely to lose their seats—Bob Casey Jr of Pennsylvania (who however is anti abortion in his background); Sherrod Brown of Ohio; Debbie Stebanow of Michigan; Tammy Baldwin of Wisconsin; and Bill Nelson of Florida (but his seat will be the most expensive race ever, with opponent Rick Scott spending tens of millions to defeat Nelson).

So if one is to promote the left wing Democratic view, we would say to hell with these Senators, whose voting record is far from ideal, but the alternative to staying united no matter what these ten Senators decide to do on the Supreme Court nominee of Trump, is to see the Republicans gain more seats and lock up the Senate for the long haul.

That is why it seems to this blogger that to promote or expect a left wing Democrat as the Presidential nominee, while ideal in theory, is likely to kill off any chance of the Democrats winning the Presidency in 2020, after what could be a Democratic debacle in the Senate races this year.

What seems likely to happen is that the three Democrats who voted for Gorsuch will vote for the Trump Supreme Court choice and will survive, and the other seven Democrats—particularly the three women—McCaskill, Stabenow and Baldwin—will vote against and yet survive as well. Casey will be conflicted but probably vote NO and survive, as well as Brown. And Tester should still be able to win another term as well.

The toughest seat to keep will be Bill Nelson in Florida, but it seems likely he will vote NO on the nominee.

So at the end, the likely vote will be 53-46, all 50 GOP Senators, including Collins and Murkowski, with the exception of the absent John McCain, and Manchin, Donnelly, and Heitkamp, with anger and disgust by Democrats, but the only likely road to those seats being saved.

So IF all seats are saved, except possibly Florida, and then IF Arizona, Nevada, Tennessee, and maybe Texas are gained, the Democrats MIGHT have a 51-49 or 52-48 Democratic Senate, and the battle against Trump will have another day and more to fight, the best possible under present circumstances.

Of course, all progressives have to pray for the good health and continued life of Justices Ruth Bader Ginsburg and Stephen Breyer, to serve until 2021, a tall order, as if that does not happen, the Supreme Court is lost with a certainty until close to 2045-2050, past the lifetime of this blogger and probably all of my readers.

This is a gloomy reality, but we have to do whatever we can do to promote a Democratic majority in both houses, and accept that not all Democrats will be progressives, but will at least be of the party persuasion!

The Pressure To Be Brought On Senators Heidi Heitkamp, Joe Donnelly, Bob Casey Jr. And Joe Manchin On Supreme Court Nominee

With Donald Trump ready to announce his Supreme Court nominee on July 9, pressure is starting to be brought against four “Red State” Senators facing reelection, who might vote for Trump’s selection.

Three of them—Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana, and Joe Manchin of West Virginia—crossed the aisle and supported Trump’s nomination of Neil Gorsuch to the Supreme Court last year, and have visited the White House already, being lobbied by Trump.

They, and Pennsylvania Senator Bob Casey, Jr, strongly anti abortion, but not supporting Gorsuch last year, are the four Democrats most worried about, with at least the first three feared likely to cross the aisle again.

The problem is that the Democrats cannot afford to repudiate these three or all four Senators, if they hope to have any chance of regaining control of the US Senate in November.

So while wishing to be critical and denouncing them if they abandon the Democratic Senate caucus on this matter, they are still needed for the future.

The Crucial Role Of Two Republican Pro Choice Women Senators: Susan Collins And Lisa Murkowski

It is going to be a major pressure point brought against two women Republican Senators—Susan Collins of Maine and Lisa Murkowski of Alaska—that will likely decide if Donald Trump gains the confirmation of his Supreme Court nominee before the midterm elections.

Both women are pro choice, and wanted to keep ObamaCare, and are considered moderates of the Republican brand.

Both come from small populated states, mainly rural and poor, and needing ObamaCare, with no alternative offered by the Republican majority in Congress or Donald Trump.

Both have, however often voted with their party under pressure, even on support of Neil Gorsuch for the Supreme Court last year.

Both have often disappointed observers who wanted to believe they had courage and guts.

Both are broad based social moderates, but they have been unwilling to defy party leadership, led by Senate Majority Leader Mitch McConnell.

So the odds that they will do the right thing is a long shot.

Particularly in the case of Susan Collins, who disappointed many when she testified in favor of the confirmation of Attorney General Jeff Sessions, because they were Senate colleagues, and “friends”, as if that is justification for supporting the most bigoted, racist Attorney General in American history!

Supreme Court Battle Most Contentious Since Robert Bork And Clarence Thomas Nominations In 1987 and 1991

It is already clear, just two days after Supreme Court Justice Anthony Kennedy announced his retirement, that the battle to confirm a replacement will be the most contentious since Robert Bork was nominated by Ronald Reagan in 1987, and Clarence Thomas was nominated by George H. W. Bush in 1991.

Both times, the Democrats, however, controlled the Senate, and this time, they do not, which is a massive difference.

Bork was defeated in a roll call vote of 58-42, while Thomas was confirmed by a vote of 52-48.

The Democrats have limited ways to stop the confirmation of a replacement for Anthony Kennedy, as no longer can the filibuster tactic be used, and Senate Majority Leader Mitch McConnell is unwilling to give an inch to the Democrats.

The only hope for the Democrats is to convince Republican Senators Lisa Murkowski of Alaska and Susan Collins of Maine to back up their strong support of abortion rights, but both voted for Neil Gorsuch last year, as the first Supreme Court choice of Donald Trump.

But it is certain that the fireworks over this nomination, whoever it might be, will make the 2018 midterm elections even more a reason for all Americans to pay attention and to vote, as clearly, voting can change the course of history, and non voting has consequences!

What If Utah Senator Mike Lee Is Nominated For Supreme Court?

Early speculation on who Donald Trump might select to replace retiring Justice Anthony Kennedy on the Supreme Court centers on Utah Republican Senator Mike Lee, an original Tea Party member, having served in the Senate, and promoting libertarian ideas since 2011.

Not always a supporter of Trump, and not backing him in 2016 due to the Access Hollywood tape, Lee would still be a prime choice for Trump.

Lee is only 47 and could be expected to serve on the Court until 2050 and beyond.

He is a member of the Senate Judiciary Committee, which has to consider the Supreme Court nomination, and there are 11 Republicans to 10 Democrats on that committee.

To believe that any of his GOP colleagues on the committee, or even in the Senate, would vote against their party member, is hard to conceive.

And if all 50 Republicans stay united (minus John McCain, who is not likely to return to Washington DC anytime soon), at the worst, Vice President Mike Pence can vote if need be, but a 50-49 vote is a majority, and likely, a few Democrats, in red states facing election, would cross the aisle and vote for Lee, as they did for Neil Gorsuch a year ago.

Having a Senator on the Supreme Court is not unheard of, as it has happened 15 times in American history.

Most famously, there was Alabama Democratic Senator Hugo Black, who served on the Court for 34 years from 1937 to 1971, appointed by Franklin D. Roosevelt. And President Harry Truman appointed two Senators—Sherman Minton of Indiana, who served from 1949-1956; and Harold Burton of Ohio who served from 1945-1958.

Also, there have been 17 Congressmen who served on the Supreme Court, including Warren G. Harding appointee George Sutherland of Utah who served from 1922-1938; and Chief Justice Fred Vinson of Kentucky, who served from 1946-1953, appointed by President Truman.

Finally, 6 Governors have been appointed to the Supreme Court, the last and most famous being California Governor Earl Warren, appointed Chief Justice by President Dwight D. Eisenhower in 1953 and serving to 1969; along with significant appointments by President Abraham Lincoln of Ohio Governor Salmon P Chase to be Chief Justice, serving from 1864-1873; former New York Governor Charles Evans Hughes, first appointed to the Court by William Howard Taft from 1910 to 1916, and then returning to the Court as Chief Justice by appointment of President Herbert Hoover from 1930-1941; and Michigan Governor Frank Murphy, appointed by FDR and serving from 1940-1949.

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!

The Never Ending Nightmare Of Donald Trump, Who Has Disgraced, Undermined, Tarnished, Stained, And Harmed The Reputation Of The Presidency!

As we see the end of the first year of the Donald Trump Presidency, it is clear that it is a never ending nightmare visited on the American people.

Donald Trump has disgraced the office of the Presidency.

Donald Trump has undermined trust and faith in the law, the Constitution, and American democracy, and demonstrated lack of respect for freedom of the press.

Donald Trump has tarnished the reputation of America as the leader of the world.

Donald Trump has stained the concept of decency, dignity, and concern of the leader of the nation for those less fortunate, or facing historic discrimination.

Donald Trump has harmed the reputation of the Presidency as an office which promotes basic moral and ethical values.

Donald Trump has affected the relationships between men and women, boys and girls, in a deleterious manner, which will harm the nation long term.

Donald Trump has manufactured and promoted more lies than any American politician in American history, and undermines the ability of Americans to respect the office and the person who holds that position.

Donald Trump has damaged America long term in just one year, as with the long term effects of his lower court appointments, and his selection of Neil Gorsuch to the Supreme Court, who seems short term to be further to the right politically than Clarence Thomas and Samuel Alito, and maybe even the man he replaced, Justice Antonin Scalia.

Donald Trump has left a legacy of environmental damage that will not be easily reversed, and of harm to labor and consumers that will set back the dwindling middle class and the working class for decades.

Donald Trump has also given us the worst set of cabinet members ever, far worse already than Richard Nixon, Warren G. Harding, or Ulysses S. Grant.

Donald Trump has left already an indelible mark on America, and is on the way to the worst four year term in history, bar none, and with the danger of two wars being started, if he lasts into the end of the second year–against North Korea and Iran.

We should all hope that Donald Trump is forced out of office soon, although the prospect of President Mike Pence is a ghastly thought at this point.

What the Russians did has succeeded, destroying our presidential election, and giving us horrifying alternatives in Pence, Speaker of the House Paul Ryan, and Senate President Pro Tempore Orrin Hatch, when clearly, Hillary Clinton won an election that was stolen from her!

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!

Trump Declares His Ten Month Presidency Best In American History–Is He For Real?

Donald Trump has, in recent days, declared that his ten month Presidency is the best in American history, that no President has accomplished more than he has!

Is Donald Trump for real?

Is he totally delusional, or just a great massive liar?

He demonstrates his total ignorance of American history, as he forgets the first ten months of many other Presidencies.

Woodrow Wilson in 1913; Franklin D. Roosevelt in 1933; Harry Truman in 1945; John F. Kennedy in 1961; Lyndon B. Johnson in 1964; Ronald Reagan in 1981; Barack Obama in 2009—all accomplished much more.

So did Abraham Lincoln in 1861; James K. Polk in 1845; Andrew Jackson in 1829; Thomas Jefferson in 1801; and George Washington in 1789.

Even far less significant Presidents accomplished more in their first ten months to a year.

And beyond the first nine to ten months or year, many other Presidents accomplished a great deal, with no sign that Donald Trump, were he to survive, would be able to do so.

After all, NO legislation has been passed, absolutely NONE!

His one accomplishment is Supreme Court Associate Justice Neil Gorsuch, accomplished only by changing the filibuster rules of the US Senate.

Trump has done great damage to the judiciary; to the diplomatic community; to many government agencies through destructive appointments and actions by the executive branch.

NOTHING that has been done can be seen in a positive light, and all he cares about is his own self image.

Trump is out to destroy, rather than construct, and is uninterested in facts, and prefers conspiracy theories.

Donald Trump is a very sick man, a danger to the nation, and yet the Republican controlled Congress stands by, and refuses to take action against the menace that Donald Trump represents.

We are in the midst of a constitutional crisis, and it might not work out well.