Ruth Bader Ginsburg

Supreme Court Longevity An Issue, As Recent Justices Have Stayed Much Longer Than Average, Including Contested Nominee Clarence Thomas

In the midst of the controversy over Supreme Court nominee Brett Kavanaugh is the reality of how long he might serve.

There has been a trend whereby recent Supreme Court Justices serve much longer than historically traditional.

Right now, contested Supreme Court Justice Clarence Thomas, who was confirmed in 1991 despite strong testimony of Anita Hill, has served 27 years on the Court, and is already number 24 in longevity of service out of 113 members of the Court in American history. He will be number 17 in two years and number 13 in four years. In May 2028, he would break the all time record of 36 years and nearly 7 months of Justice William O. Douglas, and Thomas would be just about a month short of age 80, and can be seen as likely, if he stays healthy, to accomplish this goal.

If one just looks at the top fourth of all Supreme Court Justices in longevity, a total of 31 out of 113, all 24 years or more of service, we find the following recent Justices, all appointed since the 1950s, are on the list:

John Paul Stevens
William Brennan
William Rehnquist
Byron White
Anthony Kennedy
Antonin Scalia
Clarence Thomas
Ruth Bader Ginsburg
Sandra Day O’Connor
Harry Blackmun
Stephen Breyer
Thurgood Marshall

In the earlier history of the Supreme Court, the average length of service was about 15 years by comparison.

That is why the idea, proposed by this author two days ago, that a future Supreme Court Justice be limited to an 18 year term, allows for turnover, and prevents dominance by an ideological minority for decades, as now is threatened by Brett Kavanaugh, or another extreme right wing appointment by Donald Trump.

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 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!

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.

The End Of The Supreme Court Term: Any Retirements Coming?

This is the last week of the present Supreme Court session, and Court watchers are wondering if we are about to see a sharp swing to the Right, with the potential retirement of Justice Anthony Kennedy, appointed by Republican President Ronald Reagan nearly 30 years ago, and a crucial swing vote ever since on the Court.

Kennedy has been on the conservative side about two thirds of the time, and on the liberal side one third of the time, and without him, for instance, there would have been no advancements on gay rights and gay marriage, as he was the crucial fifth vote.

His vote this week may decide whether the Muslim ban of Donald Trump is upheld, or prevented, as it has been by several circuit courts around the nation.

Kennedy has been the unpredictable vote all by himself in the past decade, since Sandra Day O’Connor left the court at the end of 2005.

For a decade before 2005, it was said the Court was the “O’Connor-Kennedy Court”, and now for the past 12 years, it has been the “Kennedy” Court, more than the Roberts Court, as traditionally, the Court is described by the name of its Chief Justice.

Since Kennedy will be turning 81 in one month, and is the second oldest member of the Court, after Ruth Bader Ginsburg, who is 84, but has made clear she is going nowhere, and hopes to stay on the Court until 2021, so that hopefully a future Democratic President in 2021 can choose her successor.

So if Kennedy does retire this week, it will mark a sharp move to the Right, which will undermine constitutional law for the next generation!

Time For Supreme Court To Intervene, And Overturn Trump Executive Order On Travel Ban

A federal District Court judge has stopped the Trump executive order travel ban for the time being, but it is being appealed by the Trump Administration, meanwhile causing chaos, as the future of the order is uncertain.

It is time for the American Civil Liberties Union and other groups to appeal to the Supreme Court, and find at least one Justice willing to put his or her neck out to use their influence to stop the travel ban permanently, and have the entire Supreme Court consider the ban immediately.

I would propose that Justice Ruth Bader Ginsburg, the true hero of progressivism, do so, and force the issue.

We know that Trump hates Ginsburg, and has tried to bully her into retirement, but she is a tough lady, who will not be intimidated.

But it would be perfect for the 84 year old Justice, who is less than 5 feet tall, to challenge BULLY Trump, and give his executive order a “Punch in the Mouth”!

Of course, no one can be sure what the eight member Court would do, but it seems highly likely that besides Ginsburg, we would have Stephen Breyer, Sonia Sotomayor, and Elana Kagan join her, making for at least a tie vote.

And somehow, it seems also likely that the “swing vote” on the Court, Justice Anthony Kennedy, would also join these four Justices, making for a 5-3 vote.

So bring it on, Ruth Bader Ginsburg, intervene and make for a confrontation with Donald Trump!

Chuck Schumer, The Great Jewish Hope: The Highest Ranking Elected Jew Ever In American Government!

The new Senate Minority Leader is New York Senator Chuck Schumer, who has been in the Senate since 1999, and defeated a tough opponent, Republican three term Senator Alfonse D’Amato.

Schumer began his political career at the age 23, and entered the House of Representatives at age 29 from Brooklyn, New York.

He had to compete first with fellow, soon to be retired Senator Daniel Patrick Moynihan, and then his newly elected replacement, Hillary Clinton, who would seek the Presidency despite being the Junior Senator from New York.

Schumer worked his way up the leadership, being a loyal subordinate for ten years to Nevada Senate Majority Leader Harry Reid, and built up the Democratic majority in 2006 and 2008, before the bottom fell out, and the Democrats lost seats, from a high of 60 down to 46 and now up to 48 in 2017.

Schumer is a man who is very accessible and warm, and will do a lot of good for the Democrats, and he happens to have the distinction of being the highest ranking elected Jews ever in American government.

Yes, we have had other distinguished Jewish US Senators, but none in a leadership position in the Senate.

Yes, we had House Republican Majority Leader Eric Cantor of Virginia, second ranking in the House of Representatives, and hoping to become Speaker of the House someday, before he was defeated for nomination to his seat in 2014 by a more extremist right wing Republican, David Brat.

Yes, we have had Senator Joe Lieberman of Connecticut, who was Vice Presidential nominee with Al Gore in 2000, when they won the popular vote, but lost the Electoral College to George W. Bush and Dick Cheney.

Yes, we have had Jewish cabinet officers, including Henry Morgenthau, Jr, Henry Kissinger, Abraham Ribicoff, and Arthur Goldberg among others, who have had impact on government.

And yes, we have had Jewish Supreme Court Justices by appointment, including Louis Brandeis, Benjamin Cardozo, Felix Frankfurter, Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan among others.

But Schumer has the potential to have a greater impact politically than most party leaders, so we must wish him the best fortune as the Democrats battle against the Trump Presidency.

Yesterday, Schumer gave a fighting, defiant speech to the Senate on his first day as Minority Leader, making it clear his party would contest Trump on the Cabinet and on every policy that undermines the middle class and promotes the elite wealthy against the average American.

Donald Trump Is Not A “Miracle Man”: Disillusionment Among Followers Will Erupt Soon, Before End of 2017!

Donald Trump is guaranteed to alienate many of his followers, once they realize he is NOT a “Miracle Man”, that we are going to end up with many events that no one bargained for, including:

The most corrupt Presidency since Richard Nixon, and possibly surpassing the level and depth of Nixon scandals.

The strong likelihood of a major war, with major commitment of troops, and loss of life closer to Vietnam over a period of years, than to Iraq or Afghanistan.

Manufacturing and Mining jobs will NOT return, as it will be clear that Trump’s pledge to the white uneducated working class will not be fulfilled.

A massive cut is likely in Medicare, Medicaid, Social Security and Food Stamps, and poverty will rise, and not just among minorities, but among poor whites, sick people, and the elderly.

Environmental damage that will harm the health of all Americans will be likely, the greatest since the disastrous environmental record of Ronald Reagan in the 1980s.

The conditions of labor will get worse, with no concern about minimum wage, sick leave, overtime pay, or basic benefits.

Racism will increase with backing of the Trump Presidency,

Mistreatment of women and of gays and lesbians is insured to multiply, with the support of extreme right wing social conservative Vice President Mike Pence.

The Supreme Court, unless both Justice Ruth Bader Ginsburg and Justice Stephen Breyer stay healthy, will move dramatically to the extreme right, long term damage.

Basic civil liberties and civil rights will go by the wayside, with curbs on freedom of expression, as through speech, press, and assembly.

One can project that over time, a year or so, great disillusionment will set in, and possibly lead to open confrontations with law enforcement authorities, who try to quell public dissent with the approval of an authoritarian President and executive branch, and an unsympathetic Republican party controlled Congress.

Expect a strong reaction to occur, something such as happened under Richard Nixon during his continuation of the Vietnam War nearly 50 years ago.

Democratic Party Historical Accomplishments

The Democratic Party has been criticized for the fact that in its 188 year history, it was the party that promoted slavery, segregation, and lynching, being dominated for a long time by its ugly Southern membership.

This cannot be denied, but it is the Democratic Party which has also, in the last century of history, had many historical accomplishments.

Among these are:

First Catholic nominee for President–Alfred E. Smith 1928
First Catholic President elected–John F. Kennedy 1960
First Catholic Vice President elected–Joe Biden 2008
First Jewish nominee for Vice President–Joseph Lieberman 2000
First Jewish Presidential candidate as serious contender–Bernie Sanders 2016
First African American President–Barack Obama 2008
First Woman nominated for Vice President–Geraldine Ferraro 1984
First African American Presidential Contender–Shirley Chisholm 1972
First Woman nominee for President–Hillary Clinton 2016
First woman Secretary of State—Madeleine Albright under Bill Clinton
First Southerner elected President since 1848–Jimmy Carter 1976
Youngest elected President–John F. Kennedy 1960
President who gave us Social Security–Franklin D. Roosevelt 1935
President who gave us Medicare and Medicaid–Lyndon B. Johnson 1965-1966
One Term President who advanced Environmental Causes the most in history–Jimmy Carter 1977-1981
President who gave us ObamaCare–Barack Obama 2010
President who advanced Civil Rights—John F. Kennedy and Lyndon B. Johnson 1960s
President to appoint first Jewish Supreme Court Justice—Woodrow Wilson 1916 (Louis Brandeis)
President to appoint first woman Jewish Supreme Court Justice—Bill Clinton 1993 (Ruth Bader Ginsburg)
President to appoint first African American Supreme Court Justice–Lyndon B. Johnson 1967 (Thurgood Marshall)
President to appoint first Hispanic-Latino Supreme Court Justice—Barack Obama 2009 (Sonia Sotomayor)
President who promoted Containment Foreign Policy with the Soviet Union—Harry Truman
President who promoted concept of international cooperation—Woodrow Wilson and Franklin D. Roosevelt
First Woman Speaker Of The House of Representatives–Nancy Pelosi 2007
Most accomplished Congresses, Democratic controlled—-63rd and 64th (1913-1917) under Woodrow Wilson; 73rd and 74th (1933-1937) under Franklin D. Roosevelt; 89th Congress (1965-1967) under Lyndon B. Johnson; 111th Congress (2009-2011) under Barack Obama
Great Supreme Court Justices appointed by Democratic Presidents—Louis Brandeis 1916 by Woodrow Wilson; Hugo Black 1937 by Franklin D. Roosevelt; Felix Frankfurter 1939 by Franklin D. Roosevelt; William O. Douglas 1939 by Franklin D. Roosevelt; Thurgood Marshall 1967 by Lyndon B. Johnson; Ruth Bader Ginsburg 1993 by Bill Clinton; Stephen Breyer 1994 by Bill Clinton

Historic Moment To Revel In! First Female Presidential Candidate Of A Major American Political Party, And Of Course, A Democrat!

It has finally happened!

Hillary Clinton is the Democratic Presidential nominee, the first woman to gain that opportunity on a major party line!

But remember that it is the Democratic Party which gave us the first Catholic President, John F. Kennedy, and the first African American President, Barack Obama!

Also, it was the Democratic Party that gave us the first woman Vice Presidential nominee, Congresswoman Geraldine Ferraro of New York and the first Jewish Vice Presidential nominee, Joe Lieberman of Connecticut, along with the first Catholic Vice President, Joe Biden.

It was a Democratic President, Woodrow Wilson, who gave us the first Jewish Supreme Court Justice, Louis Brandeis.

The Democratic Party is the party of equal opportunity, including three Jews presently on the Court (Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan); three women presently on the Court (Ginsburg, Kagan, and Sonia Sotomayor) ; and the first Latina Supreme Court Justice (Sotomayor).

And it was great today to see the first African American President, Barack Obama, wholeheartedly endorsing the first woman Presidential nominee, Hillary Clinton!