Ruth Bader Ginsburg

The Supreme Court Majority Is Becoming Very Outspoken, Controversial In Actions And Statements!

The Supreme Court of the United States is supposed to be a nonpolitical body, that balances the law and the Constitution.

Of course, there are, and always have been, so called “liberals” and “conservatives” on the Court throughout its history, but the present Supreme Court with six conservatives and three liberals is badly unbalanced, and it is clear that the Court is the most extreme one sided to the conservative side that it has been since the 1930s, nearly a century ago!

There are three appointments to the Court by Donald Trump (Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett); two appointments by George W. Bush (John Roberts, Samuel Alito); and one appointment by George H. W. Bush (Clarence Thomas).

There are already ethical and moral problems with Brett Kavanaugh and Clarence Thomas, regarding their behavior and treatment of women in their past; and Amy Coney Barrett was rushed through to confirmation more rapidly than normal after the sudden death of Ruth Bader Ginsburg, so that Donald Trump had one more appointment close to the Presidential election, which should have been left to the winner of the election, which turned out to be Joe Biden.

Also, a majority of the Court was chosen by Presidents who lost the popular vote in 2000 and 2016, although the two Bush II appointees actually came in the second term when Bush II did win the popular vote.

And now, since the horrendous decision to allow the Texas antiabortion law to go into effect without a full hearing, taking away a constitutional right of women to control their own bodies, in effect since Roe V. Wade in 1973, the criticism of the Court’s action has led to Thomas, Barrett, and now Alito to issue political criticisms which are not appropriate for Supreme Court Justices. They should NOT be making public statements, no matter what they are thinking, but they clearly are on the defensive and have politicized the Court by their utterances, as well as their actions.

It is not surprising, therefore, that the reputation and public opinion rating of the Supreme Court has declined radically in the last few years, and particularly in the present year of 2021!

The Supreme Court is moving far to the Right as the nation is clearly moving to the Left, in a nation in which the white majority is rapidly declining, and will be the minority (under 50 percent) by 2045 at the latest.

So a constitutional crisis is at hand, and there is the danger of a future 7-2 conservative Court, with Stephen Breyer refusing to consider retiring at age 83, claiming he does not plan to die on the Court. This is a preposterous statement, and could end up denying Joe Biden any Supreme Court selection if a Democratic Senator dies or is incapacitated, or if the Senate goes Republican in the midterm Congressional Elections of 2022!

Chief Justice John Roberts Has Lost Control Of The Supreme Court, And His Own Reputation Is At Stake!

The Supreme Court is in crisis, as its reputation, and that of its leader, Chief Justice John Roberts, is at stake!

It is now the most rightwing Supreme Court since the 1920s and early 1930s, as extremism has taken over an institution which is supposed to be moderate centrist!

Past Chief Justices, including John Marshall, Charles Evans Hughes, and Earl Warren, had the ability to impact other members of the Court, and convince them to work toward moderation!

But John Roberts has clearly lost control of a Court which includes three Donald Trump appointees, with only the first choice, Neil Gorsuch, coming across as lacking in controversy outside of the fact that he became the replacement for Antonin Scalia, instead of Barack Obama’s choice, Merrick Garland!

Brett Kavanaugh has a cloud over his head and reputation as a sexual abuser, much like Clarence Thomas, appointed by George H. W. Bush thirty years ago, and having a deleterious effect on the Court for three decades!

And Amy Coney Barrett is clearly not Justice material, and her extreme religious swing to the far Right has besmirched the memory of Ruth Bader Ginsburg. Had she been still on the Court, she would have prevented the atrocious decision of the Court to back the disgraceful Texas abortion law that now Attorney General Merrick Garland is suing to prevent the loss of a constitutional right for women to control their own bodies!

The Supreme Court Reputation Has Been Seriously Tarnished, No Longer Seen As Representing Moderation!

The John Roberts Supreme Court reputation has been seriously tarnished, no longer seen as representing moderation!

By deciding to go along with an extremist Texas abortion law, in a one paragraph middle of the night statement, which includes no exceptions for rape or incest, and allowing private citizens to sue anyone engaged in promoting abortion, the Court has done one of the worst ever actions, which will be compared to such other issues as Dred Scott V Sandford (1857) and Plessy V Ferguson (1896), and a small group of other reprehensible decisions!

Chief Justice Roberts himself recognized how terrible this 5-4 decision was, so despite earlier personal expressions of being anti abortion, he joined the three liberals on the Court in opposition.

Roberts knows his own historical reputation has been permanently damaged, as the Court has become dangerously radical right wing extremist, with the three reprehensible appointments by Donald Trump showing their true colors!

The fact that the appointment of Amy Coney Barrett switched the Court balance from what it was under the late Ruth Bader Ginsburg right before the Presidential Election of 2020 is reprehensible!

But also, the fact that Brett Kavanaugh was the second Court Justice to face accusations of inappropriate sexual conduct, along with Clarence Thomas three decades ago, and now they decided the private lives of women, is totally infuriating!

And the fact that Neil Gorsuch gained an appointment after a full year of no replacement of Antonin Scalia, and that Merrick Garland was denied even a hearing as his replacement, makes all three of Donald Trump’s Court appointments questionable and wanting!

It is further proof that the Supreme Court has lost whatever aura it had, as a fair, reasonable body!

To reverse a decision of nearly 50 years, when the tradition of the Court is to uphold legal precedent normally, and that it has such a dramatic effect on more than half the population, is beyond the pale!

If Hillary Clinton had won the Presidential Election of 2016, which this author and blogger and tens of millions of Americans think is the truth, the Supreme Court today would not be in the crisis atmosphere it is in!

It requires an attempt to add members to the Court, because otherwise, the Court is on a tear to the promotion of Fascism clear and simple, and that cannot be allowed to move forward toward ultimate destruction of the Constitution and rule of law!

The idea that two Presidents, George W. Bush and Donald Trump,who lost the popular vote, could add two and three members to the Court respectively, which otherwise would have been appointees of Al Gore and Hillary Clinton, is simply outrageous and unacceptable for the long haul!

It will permanently destroy the reputation of a very evil man, Senate Minority Leader Mitch McConnell, who brought about this travesty!

When one thinks back to the mid and late 1970s, we actually had a 7-2 Republican Court by party affiliation, but it included moderate Republicans, which included statesmen, including William Brennan, Harry Blackmun, John Paul Stevens, and Chief Justice Warren Burger!

So action must be taken to expand the Court, as we are in a constitutional crisis that will only get worse if no action is taken!

Supreme Court Justice Stephen Breyer Should Retire, For Secure Survival Of Liberal Wing Of Court

It was very disappointing news that Supreme Court Justice Stephen Breyer has announced he has no plans to retire, as he reaches age 83 on August 15.

Breyer has served long and well on the Supreme Court since being appointed by Bill Clinton in 1994.

Already he is one of the longest serving Justices in American history, 25th longest of a total of 115 Justices who have served.

His arguments for remaining on the Court are that he likes being the Senior Justice of the liberal wing, and that his health will determine how long he stays.

But he fails to recognize that health can change rapidly, and when one is in his or her 80s, he or she needs to consider the impact of a sudden death, as with Ruth Bader Ginsburg’s sudden passing, which led to a rapid appointment of a Justice (Amy Coney Barrett) who was rammed through in record time, instead of leaving the appointment to the winner of the Presidential Election of 2020.

With a Court now more conservative and right wing than it has been since the 1930s, it is alarming to think that Breyer is gambling the effect on the liberal wing of the Court by refusing to retire.

Joe Biden should be given the opportunity to replace him, but if even one Democratic Senator dies before 2023, then the Republicans will take control of the US Senate, and prevent any Biden nominee.

And if the Republicans win the Senate in 2022, then Joe Biden will be denied any appointment, even if a vacancy, as Mitch McConnell denied Barack Obama the opportunity to replace Antonin Scalia with Merrick Garland in 2016!

The Heroes Of 2020: Bright Lights In A Year The Worst In Most People’s Lifetimes

The year 2020 has been the worst year in most people’s lifetimes, but there have been heroes who deserve attention and appreciation from all decent Americans.

The ultimate hero is Dr. Anthony Fauci, who reached the age of 80 yesterday, and has been an inspiration to anyone who believes in science, and respects expertise over “junk science”, or science that is generations out of date.

Some of our greatest heroes of the year, sadly, have departed, including Supreme Court Associate Justice Ruth Bader Ginsburg, who left a legacy of promotion of equal rights for all groups in America, including women, people of color, the disabled, and equal justice for all.

Also departing this world was Congressman John Lewis of Georgia, who promoted the concept of “good trouble” to advance human rights in a world and nation that too often is not engaged in such efforts.

Another hero is former South Bend, Indiana Mayor Pete Buttigieg, who advanced equality of gays and lesbians, just by becoming the first known gay Presidential contender, and now will be the first openly gay Cabinet officer as Secretary of Transportation.

Another hero is Speaker of the House of Representatives Nancy Pelosi, who has done an amazing job pursuing justice, equality, and the interests of the American people, in a time of the massive threat presented by Donald Trump, and has not blinked at his threats, misogyny, and crazed insanity. She has had to deal with the unrelenting misogyny of many in the Republican Party opposition, and Trump supporters who show a total lack of respect for her that they would never utter against a man!

Another hero is California Congressman Adam Schiff, who was a key player in the impeachment investigation of Donald Trump, and is Chairman of the House Intelligence Committee. He has suffered from threats and vicious attacks by Donald Trump and his minions, but has demonstrated courage and conviction in an admirable manner.

Another hero is South Carolina Congressman James Clyburn, the highest ranked African American in Congress as House Majority Whip, third ranking leadership role. If it were not for Clyburn, Joe Biden would not have been able to become the Democratic Presidential nominee this year, as Clyburn’s endorsement was a major factor in Biden winning the South Carolina Primary and moving forward to the top of the Democratic Presidential ticket.

Another such hero is the future First Lady, Dr. Jill Biden, who, with her elegance and intelligence, will raise the level of that position from the disgraceful low level it reached in the past four years.

California Senator Kamala Harris, soon to be Vice President of the United States, is another hero, who will be the first woman, and first woman of color with her Jamaican and Asian Indian heritage, to be a heartbeat away from the Presidency. She is a role model for women and racial minorities, and will be a very influential Vice President, more in the direction of Joe Biden, Al Gore, and Walter Mondale, than Mike Pence!

And last but not least, Joe Biden, who is a man of decency, compassion, ethics, and empathy, will be our 46th President on January 20, 2021. He will face the most daunting set of issues of any President since Abraham Lincoln in 1861, Franklin D. Roosevelt in 1933, and Barack Obama in 2009. His long career in Congress, and his outstanding Vice Presidency give America hope, that in a time of a “dark winter”, as Joe Biden calls the COVID 19 Pandemic and the Second Great Depression, that Biden will take leadership on the level of FDR’s New Deal to take us to brighter days and a recovery in 2021 and beyond!

Everyone needs to pray for his success, but all know that he will not waste a minute or a day in promoting himself on Twitter or playing golf, as our despicable 45th President, Donald Trump, has done more of in the past four years, than doing his job!

The Hall Of Shame: Rudy Giuliani, Ted Cruz, Rand Paul, Mitch McConnell, Kevin McCarthy Lead The Pack!

The Republican Party has become a total embarrassment and disgrace, which will scar the memory of great Republicans of past generations.

Republicans are refusing to acknowledge the massive 7 million popular vote win of Joe Biden, as Donald Trump continues to act in an unpatriotic, uncooperative manner, including showing grace in defeat, inviting Joe and Jill Biden to the White House, and cooperating with the transition team on so many important matters, including the COVID 19 Pandemic and the National Security of the United States.

The Hall of Shame includes many, but leading the pack are the following:

Rudy Giuliani, once the much celebrated Mayor of New York City, who has made a fool and mockery of himself in his endless quest to destroy the victory of Joe Biden, and it is clear that Giuliani is seriously demented, mentally ill, and needs to retire from public life, although he also faces the danger of prosecution, that even a Presidential pardon may not totally exonerate him from a potential prison term.

Ted Cruz, who has humiliated by Donald Trump regarding his wife and father, and yet has become a total sycophant, and was willing to argue a case before the Pennsylvania Supreme Court until the Supreme Court yesterday rejected in one sentence any challenge to the results of the Presidential Election of 2020. This blogger and author has always found Cruz to be the most despicable possible would be President, and thought in 2016 that Cruz on paper was more dangerous than Donald Trump, and the recent escapades of Cruz just add to the total disgust felt about this disgrace!

Rand Paul, who also alarmed this blogger when he ran for President in 2016, advocating the preposterous libertarianism of his father, former Congressman Ron Paul, who is now retired, but has a horrid history of antisemitism and racism in his past, and his son, if anything, much worse, in his delusions. This includes his denunciation and regular attacks on Dr. Anthony Fauci, who is the true hero of the present Covid 19 Pandemic. This monster plans again, like Cruz, to seek the Presidency in 2024, and both of them are a cancer on the future of the Republican Party!

Mitch McConnell, who hopefully will NOT be Senate Majority Leader after the Georgia Special Senate Elections Runoff on January 5, as he has been the most destructive Senate Majority Leader in memory, going back to making clear his desire to make Barack Obama a one term President. He also denied Obama the right to the appointment of Merrick Garland to the Supreme Court in 2016; refused to have dignity and prevented a Supreme Court replacement for Ruth Bader Ginsburg with only weeks before the Presidential Election of 2020; and lacks respect for his former colleague, Joe Biden, in refusing even now to acknowledge that Biden will be inaugurated on January 20, 2021.

Kevin McCarthy, the Republican Minority Leader in the House of Representatives, from California, who has been a horrid leader of his party, making former Republican leaders Paul Ryan and John Boehner, look good by comparison, when both were obstructionists, and in the case of Ryan, like McCarthy, total sycophants to the evil of Donald Trump!

Confirmation Of Justice Amy Coney Barrett Creates The Most Extreme Supreme Court Since 1930s!

The confirmation last evening of new Supreme Court Justice Amy Coney Barrett creates the most extreme Supreme Court since the time of the New Deal of Franklin D. Roosevelt in the 1930s Great Depression, just as we are entering into the Second Great Depression.

The right wing narrow minded view of Justice Barrett is perceived as more so than even her mentor, former Justice Antonin Scalia.

The fifth woman to serve on the Court, she is the anti Ruth Bader Ginsburg, a great woman who we could only wish had been able to live two to three more weeks, preventing an appointment before the election.

And had she lived until December, even a lame duck President could not have replaced her before January and a new President.

This only accelerates the dire need for everyone to vote, and for the Republicans to be resoundingly defeated next week for the White House and the US Senate, and add seats in the House of Representatives.

With a 6-3 extremist Court, the following areas of law are greatly endangered:

Civil Rights and Civil Liberties in general
Women’s Rights
Abortion Rights
Gay Rights and Gay Marriage
Labor Rights
Voting Rights
Environmental Reforms
Consumer Reforms
Business Regulations
Separation of Church and State
Firearms Regulation

The answer must be to expand the Supreme Court to 11 members, adding two progressives or liberal voices to the Court, making for a slight 6-5 conservative majority, but promoting the concept that Chief Justice John Roberts and Associate Justice Neil Gorsuch will, at times, side with the liberals.

It does not guarantee progressive and liberal ideas, but that has been that way for a generation, but once either Clarence Thomas (age 72) or Samuel Alito (age 70) leaves the Court, likely in the next four years, a moderate Court will be achieved. And if Stephen Breyer or Sonia Sotomayor were to leave, it would insure a Democratic President choosing their successors.

Voting for Joe Biden and a Democratic Senate insures that the right wing tilt of the Court will be short lived!

The Corruption Of The Supreme Court, With Five Appointees By Presidents Who Lost The Popular Vote!

With the likelihood that Amy Coney Barrett will be successfully confirmed to be the replacement of Associate Justice Ruth Bader Ginsberg on the Supreme Court, we are about to have a Court with five appointees by Presidents who lost the national popular vote, but still won the Electoral College.

George W. Bush lost the national popular vote to Vice President Al Gore in 2000 by a 540,000 margin, but was able to select Chief Justice John Roberts and Associate Justice Samuel Alito in 2005 and 2006.

And now Donald Trump, who lost the national popular vote to Hillary Clinton in 2016, by a 2.85 million margin, has been able to select Associate Justices Neil Gorsuch in 2017, Brett Kavanaugh in 2018, and now Amy Comey Barrett in 2020.

And even more infuriating is that three of these five appointees helped the George W. Bush campaign in the Bush V Gore Supreme Court case, assisting him winning the case in a majority Republican selected Court in December 2000–specifically, John Roberts, Brett Kavanaugh, and Amy Comey Barrett!

And the right wing Federalist Society, which has been on a 40 year campaign to make the federal court system move to the extreme right on such issues as health care, abortion, gay marriage, gun rights, so called freedom of religion, deregulation of the economy and the environment, suppression of voting rights and labor rights, has fully succeeded in its campaign to undermine American democracy and a sense of humanity!

So when one complains from the right side of the political spectrum at the “horror” of Democrats “packing the Court” if they were to add seats to the Supreme Court, one has to say the level of hypocrisy is enormous, when that has been the commitment for four decades of the Right in American politics.

And who can say that if the Republicans were to win control of both houses of Congress and the Presidency, that they would not be willing to promote “packing of the Court’, so that they could add two to four more seats to the Supreme Court, and make the Court not just the 6-3 margin it will now be, but possibly 8-3 or 10-3, if two to four seats were to be added!

And one more point: Two of the six member Republican majority have had sexual misconduct hanging over their heads, although it has not affected their tenure on the Court, speaking specifically of Clarence Thomas and Brett Kavanaugh. So the ethical and moral standing of the Court has been damaged irrevocably!

But do the conservatives and the Federalist Society care about this? Not one iota!

Kamala Harris Main Arguments To Use Against Mike Pence In VP Debate On Wednesday Evening

Arguably the most important Vice Presidential debate since the first one in 1976 is taking place this Wednesday in Salt Lake City, Utah, when Vice President Mike Pence confronts California Senator Kamala Harris.

The possibility of a female Vice President in the next Presidential term heightens interest in this debate between a Vice President who has been unwilling to express his own views with his President, by every measure we have; and a Senator, who headed the Justice system of the state with one eighth of the American people residing, in California.

Kamala Harris needs to address major issues with Mike Pence, and if necessary, be persistent!

These include:

Why are you NOT asserting yourself in this COVID 19 crisis, and allowing Trump family members to run rampant over your responsibility to the nation to invoke the 25th Amendment?

Why are you not emphasizing masks, social distancing, and avoiding large rallies on your own part?

Why have you not condemned white nationalism groups, including QAnon and “Proud Boys”?

Why do you refuse to resist the policy of favoritism toward Vladimir Putin, Kim Jong Un, and other dictators, and the worsening relations of the nation with NATO, Canada, Japan, and South Korea?

Why do you show no concern about the immediate loss of health care for 20 million or more people, especially in the midst of a world wide pandemic?

How do you explain all of the failures of Trump, including on;

the Mexico wall:

no health care alternative and plans to gut Medicare, Medicaid, and Social Security;

the inhumane treatment of immigrant children and their parents at the border;

the widespread corruption of Trump Cabinet officers and others;

Trump’s failure to match Barack Obama’s economic recovery; Trump’s constant attacks on veterans, Muslims, the disabled, and those who have died, including John McCain, and lack of respect for Ruth Bader Ginsburg;

and so many other shortcomings?

Harris will perform very well, with compassion, concern, empathy, decency, ethics, morality and persistence in asserting herself, and this will make her an excellent and principled Vice President under a President Joe Biden, who has the same character traits as she does.

And if circumstance puts Kamala Harris into the Oval Office, the nation will be well served and be in competent hands!

We Are On The Way To The Most Reactionary Right Wing Supreme Court Since The 1930s

In the 1930’s, Franklin D. Roosevelt had the most reactionary right wing Supreme Court, working to undermine the New Deal.

This led him to promote the so called “Court Packing Plan” in 1937, to add six new Justices for each one over 70, but the Congress, controlled by his own party, but having a strong Southern conservative contingent, promoted its defeat.

Now, eight decades later, America is on the brink of having the most reactionary right wing Court since then, with the nomination of Amy Coney Barrett by President Donald Trump.

Already, the Supreme Court has four Justices appointed by Presidents who lost the popular vote, and now they will have a majority, if Barrett is approved, which is likely.

And Barrett does not believe in the doctrine of “Stare Decisis”, the legal principle of determining points in litigation based upon earlier precedents.

Instead, she has very strong personally held beliefs, tied to her strong Catholic faith, and her involvement in a religious charismatic Christian group called “People of Praise”, which preaches that the man is the leader of the family over the wife.

This is very concerning, because she seems likely to wish to overturn many precedents and laws that have been upheld, in unison with others on the Court who have right wing views, including Clarence Thomas, Samuel Alito, and Brett Kavanaugh.

The reliability of Chief Justice John Roberts and Associate Justice Neil Gorsuch is uncertain, as both, and particularly, Roberts have surprised on some decisions.

So a potential 6-3 Court on many cases could end up 5-4 in favor of the right wing, or possibly 5-4 with the three liberal appointments on the Court, but it seems more likely that the possible so called “best” outcome is at least 5-4 conservative.

So that means the Affordable Care Act, coming up for review in November after the election, could be gutted.

Also in danger are cases involving women’s rights, abortion rights, gay rights, labor rights, religious issues favored by conservatives, voting rights, Presidential authority, environmental laws, consumer laws, and the overall regulatory state promoted since the New Deal of FDR and the Great Society of Lyndon B. Johnson, as well as agencies formed under Richard Nixon and later Presidents through Barack Obama.

So we are involved in a crisis constitutionally which could destroy much of what the federal government has done in the past century of American history, and all brought about by Justices appointed under questionable circumstances by Republicans who do not follow rules except when it favors them, and by Republican Presidents George W. Bush and Donald Trump, who failed to win the national popular vote, and by Justices who, in the case of Thomas and Kavanaugh had major issues with private behavior with women.

And with Justice Stephen Breyer being 82, and Justice Sonia Sotomayor having issues with her health (diabetes), two of the three liberals on the Court could be replaced if Donald Trump or a future Republican President gains the opportunity!