Supreme Court

Trump Effect: Likelihood Of Major Democratic Wave In 2016!

The effect of Donald Trump’s Presidential candidacy is the likelihood of a major Democratic wave in the upcoming Presidential and Congressional Elections of 2016.

Polls indicate that the Electoral College could be a landslide for the Democrats, with the chance to gain such states as North Carolina, Georgia and Arizona, major areas of Hispanic and Latino growth, and indications of many registering to vote because of Trump’s anti Hispanic and anti Latino rhetoric, including against the nation of Mexico, which shares a 2,000 mile boundary with the United States.

The Senate has 34 seats facing election, with 24 of those seats being Republican, and at least ten seats of Republicans in danger of being lost, which would create a large margin of Democrats in the upper chamber.

The House of Representatives is a tough nut to crack, due to gerrymandering and the largest Republican majority in the lower chamber since 1928.  At the least, the large GOP majority will dwindle, with an outside chance of a slim Democratic majority, which probably would be lost in the midterm elections of 2018.

But even a two year “window” would allow a Democratic President with both houses of Congress in his favor to accomplish major changes!

And, of course, the transformation of the Supreme Court would occur, which would have a long range effect.

This is what Donald Trump has done to the moribund Republican Party, and it looks more likely by the day!

Conservatives Desperate! Floating Idea Of Tom Coburn Or Rick Perry As Third Party Alternative To Donald Trump!

The conservative movement is desperate, as they foresee disaster for their movement and for the Republican Party, and rightfully so, with the almost certain nomination of Donald Trump as the Republican Presidential nominee this summer at the GOP National Convention in Cleveland.

The likelihood is, more than ever, that the Democrats will win the Presidency, regain control of the US Senate, be able to transform the Supreme Court majority to the liberal-progressive side, and possibly win the House of Representatives majority.

The latter is hard to accomplish, but the effect of Trump could cause that disaster for the Republican Party.

So now, Bill Kristol of THE WEEKLY STANDARD and other conservatives are promoting the idea of a third party movement, with former Oklahoma Senator Tom Coburn or former Texas Governor Rick Perry as potential nominees!

That is so hilarious, as both are terrible choices and will NOT help the conservative cause.

This blogger has already listed Coburn as one of the absolutely worst members of the Senate historically in previous posts over the last number of years, and Perry is a true example of an
“empty suit”,who can never outlive the embarrassment of his inability to remember federal agencies he wished to eliminate, during debates in the Presidential Election campaign of 2012!

With such choices, it demonstrates just how clueless and bankrupt the conservative movement has become, as it reaches a nadir in its evolution!

 

Paul Ryan Boomlet For President Begun By John Boehner: Really?

Speaker of the House Paul Ryan has now been endorsed and promoted to be the Republican Presidential nominee by former Speaker John Boehner.

Boehner does not exactly have great popular support in the Republican Party, and the Tea Party Movement and other right wing extremists do not wish to give Boehner “the time of day”, having, basically, forced him out of the Speakership.

Ryan had said he did not want to be Speaker, but caved in to pressure.  The question is whether he can now be pressured to promote a revolt against front runner Donald Trump.

The Republican establishment wants Ryan to run, feeling that John Kasich has little chance of success in his quest to stop both Trump and Senator Ted Cruz, who no one in the Republican Establishment can tolerate!

If Ryan, who is the presiding officer at the Republican National Convention in Cleveland, were to lead a revolt, it will likely cause turmoil on the scale of the Democratic National Convention in Chicago in 1968, which doomed the chances of the Democrats to elect their nominee, Hubert Humphrey in that election year.

It is clear, as this blogger has stated for awhile, that the Republican Party, as we know it, is done, and that Ryan cannot stop that demise.

If a third party movement starts, it insures that the Democrats and Hillary Clinton will win the Presidency, the Senate, a slight chance to gain the House majority, and transform the Supreme Court, in a truly “wave” election.

And if, somehow, Ryan ends up taking the GOP Presidential nomination, it will bring back memories of the 2012 Presidential election, when Ryan was “conquered” by Vice President Joe Biden in their VP debate.

Yes, Ryan has a handsome face, and youth, but he is also a flawed candidate, which this blogger emphasized four years ago, causing for awhile a major right wing attack on this blogger, including in THE BLAZE, the media creation of talk show host Glenn Beck.  How dare I attack Paul Ryan, showing his many faults and shortcomings!

Also, were Ryan to be the Presidential nominee, it would be only the second time that a sitting member of the House has been the nominee of a major political party for President, with the only  time being Ohio Congressman James A. Garfield, who was elected in 1880, and then, sadly, was mortally wounded by an assassin, Charles J. Guiteau,  which is covered in Chapter 3 of my new book, ASSASSINATIONS, THREATS, AND THE AMERICAN PRESIDENCY: FROM ANDREW JACKSON TO BARACK OBAMA (Rowman Littlefield Publishers, August 2015).

So the track record on a Congressman going to the Presidency is not a good marker for success!

Could The 2016 Republican National Convention Repeat The History Of The Democratic National Convention Of 1968?

There is now a growing possibility that the Republican National Convention in mid July of this year will rival the most tumultuous convention of modern times, the divisive Democratic National Convention of 1968, which unfortunately doomed the Democratic Party for a generation on the Presidential level, with the sole exception of Jimmy Carter in 1976.

That convention was split over the Vietnam War, and led to massive demonstrations in Chicago, police brutality, tear gas wafting into the convention hall, and the party so badly split that the liberal hero, Hubert Humphrey, tied to the Lyndon Johnson war policy, left the convention in a greatly damaged state.  This led to Richard Nixon winning the Presidency, and ushering in a generation and more of right wing conservatism, which has done great damage to our nation.

But now, there is a good opportunity to reverse that damage, with a Democratic win of the Presidency and the Senate, a narrowing of the House of Representatives Republican majority, and the return of a Democratic majority on the US Supreme Court!

The Republicans seem likely to have a floor fight over the platform, and attempts to contest delegates who will be seated, and who will be their nominee, if Donald Trump can be prevented from gaining 1, 237 delegates, a majority.

There will be breakaways, revolts, harsh statements, certainly the most colorful and exciting convention in the past 48 years, with long range implications for the nation, and the likely demise of the GOP as we have known it.

Conservatives may break away and refuse to support the GOP nominee if it is Donald Trump, and Trump could still decide to bolt the party if not the nominee, forming his own independent candidacy!

No Comparison Between David Duke And Robert Byrd! Or For That Matter, Hugo Black, George C. Wallace, Or Strom Thurmond!

A massive controversy has arisen over the initial refusal of Donald Trump to repudiate the support of former Ku Klux Klan leader David Duke of Louisiana, who ran for Governor 25 years ago, and later for the US Senate as a Republican, losing both times, and being denounced by President George H. W. Bush and other reputable Republican leaders in the 1990s.

Those defending Trump’s hesitation are now comparing the despicable hate monger David Duke, who is not only a racist but also an anti Semite of a major order, to the late Democratic US Senator Robert Byrd, who served longer in the Senate than anyone in American history (from 1959 to his death in 2010).

No one is saying that Byrd cannot be criticized, as he was a youthful member of the Klan in West Virginia, and opposed the Civil Rights Acts of the 1960s.  But over time, he evolved, and repudiated his despicable past, and even supported Barack Obama in 2008 for the nomination and election as President, and helped to make ObamaCare make a successful journey through the legislative process, including being brought in a wheel chair to cast votes for the legislation, in his last months of life.

David Duke has never done anything to repudiate his past record, and is still defiant as a racist and anti Semite, unlike Byrd.

Also, former Alabama Senator Hugo Black sat on the Supreme Court for 34 years (1937-1971), repudiating by his words and actions the fact that he was a member of the Ku Klux Klan in his youth.

Also, Alabama Governor George C. Wallace, after running racist campaigns for President in 1968 and 1972, repudiated his past and apologized, although he was never, actually, a member of the Ku Klux Klan.

Even Strom Thurmond, who ran as  a racist for President in 1948, and served in the US Senate from South Carolina from 1954-2003,  later modified his views, even if not formally apologizing for his earlier behavior and statements.

No one is saying that we cannot criticize Byrd, Black, Wallace, and Thurmond, but none of them were on the level lifetime on racism and anti Semitism of David Duke, so the comparison is preposterous!

Speculation About Trump As Presidential Nominee: The Kind Of People He Would Select For Vice President And The Supreme Court!

Horror stories are coming out about who Donald Trump might choose to be his running mate for Vice President, if he becomes the Republican Presidential nominee in this election year.

It may all be scare propaganda, but it is enough to make one wish to vomit!

Imagine Florida Governor Rick Scott, one of the most despicable, and corrupt Governors in America, a heartbeat away!

Imagine former Alaska Governor Sarah Palin again a possible heartbeat away, as she would have been had John McCain won the Presidency in 2008.

Imagine former Republican Presidential candidate Carly Fiorina, the failed CEO of Hewlett Packard, who came across as an obnoxious and uncaring candidate, being a heartbeat away when she ran a corporation into the ground.

And Trump told Pat Robertson, the aging and demented evangelical leader, that he wants more Supreme Court Justices like Clarence Thomas, who has not uttered a word on the Court in the past ten years, and has had major conflicts of interest in many cases, but never recuses himself, making him an extremely corrupt and incompetent Supreme Court Justice!

Barack Obama’s Supreme Court Solution: Choose Former Republican Supreme Court Justice Sandra Day O’Connor On One Year Term!

The Republican majority in the US Senate have made clear that they will not hold hearings, or in any fashion, consider the nomination of anyone selected by President Barack Obama to replace Associate Justice Antonin Scalia on the Supreme Court, leaving the membership at eight for over 400 days, until a new President has been inaugurated and chosen a successor.

There is not much that can be done about this in reality, except that it should convince those who support the Democrats to come out in droves and insure that Hillary Clinton or Bernie Sanders is elected President.

It is, certainly, another issue in the campaign for the national elections, and since Republicans are split around Donald Trump, it gives an advantage to the Democrats, if only they can convince voters not to sit home, when either Hillary or Bernie lose the Presidential nomination to the other over the next few months.

But Barack Obama could put the Republicans in a box if he were to nominate a former member of the Supreme Court, chosen by Ronald Reagan, to return to her seat which she gave up ten years ago, not because of her own health, but because her husband had Alzeheimers, and she wanted to take care of him.

Were it not for that, O’Connor, with 25 years on the Court, could be close to the all time record of service of Justice William O. Douglas, who served 36 years from 1939-1975.  Her age is not an issue, as Justice John Paul Stevens was on the Court until age 90 and Justice Oliver Wendell Holmes a few months older but still age 90.

Yes, O’Connor will be 86, but she would be capable of serving for a year, and her record shows she would be a balancing influence, much like Justice Anthony Kennedy, not a certainty to vote with conservatives or with liberals on the Court.

This way, she would be able to help the Court do its work, serve her country, and leave after a new President made his or her appointment shortly after inauguration.

One can be sure that O’Connor would do her duty for her country, as she is highly honored already.  And Associate Justice Charles Evans Hughes came back to the Court as Chief Justice 14 years after leaving the Court in 1916.

So the best solution is for Obama to request that O’Connor agree to return, and it will put the Republicans in an awkward situation if they refuse to allow it!

Most Significant Election Since 1968: Presidency, Senate, And Supreme Court Are In Play!

It is becoming very clear that the Presidential Election of 2016 will become the most significant election since 1968, when we saw the beginning of the Republican resurgence under Richard Nixon, due to the splintering of the Democratic Party under Lyndon B. Johnson, due to the turmoil around the Vietnam War and the Civil Rights Movement.

The Democratic New Deal coalition had lasted 36 years, with only Dwight D. Eisenhower, really a non politician who ran on the Republican line after being briefly considered by Democrats in 1948, breaking the Democratic dominance, which also included Democratic dominance of the Congress, except in 1947-1948 and 1953-1954.

Since 1968, the Republicans controlled the White House for all but for the four Jimmy Carter years up to 1992, and then won a contested election in the Supreme Court, giving the Presidency and the Republican Party control in the early 2000s under George W. Bush.  And the Congress was Republican, except briefly from 1994-2006, and again after 2010 in the House of Representatives and 2014 in the US Senate, after the Senate had been Republican in the first six Reagan years of the 1980s.  And the Court appointments after 1968 have been 13 under Republicans and only 4 under Democrats, but with the death of Antonin Scalia, the possibility of a permanent (for a generation) Democratic and liberal majority is within reach.

Now, after a long period of Republican control of the Supreme Court, it will come to an end if the Democrats can win the Presidency again, and if they can regain control of the US Senate, so this is easily the most transformative election in a half century!

It would transform America IF the Democrats can gain the upper hand in the Senate, the Supreme Court, and the Presidency, and the hope is that the House of Representatives might be different after reapportionment after 2020. with the goal now to create a smaller GOP margin in the lower House in the interim.

One period of Democratic dominance was replaced by a period of Republican dominance, and with the GOP splintering around Donald Trump, we might be seeing a return to the concept of the New Deal-Great Society and a new Progressive Era.

It all depends on voter turnout and commitment, and for anyone to be lackadaisical and not vote, is inexcusable in the present circumstances!

The “Dynasties” Under Attack: The Bushes Done, The Clintons?

This morning, it is clear that the Bush Dynasty is history, with Jeb Bush’s poor performance in the South Carolina Republican Presidential Primary, and his announcement of his withdrawal from the Presidential race.

A year ago, it seemed obvious that he would likely be the GOP Presidential candidate, but the entrance of Donald Trump eight months ago destroyed that possibility, and once Trump called Jeb “low energy”, Jeb was befuddled what to do in response.  It took him a long time to mount a serious attack, and it was too late.

Jeb was supposed to be the Republican nominee in 2000, the favored younger son, smarter and more knowledgeable than his brother George W, and Jeb had avoided being the “black sheep” of the family with the alcoholism and drug use of George W making his parents very unhappy with him.

But Jeb lost the 1994 Florida gubernatorial election by 60,000 votes, most of the margin for Governor Lawton Chiles being in South Florida, while George W,  despite a pitiful debate performance against Texas Governor Ann Richards, was able to win the Texas Governorship in the same year, 1994.

One will always have to wonder whether Jeb would have been able to be elected as George W was in 2000; whether he would have won on his own power in his home state, instead of having a Supreme Court case to win the Sunshine State and the election; and whether he would have acted differently around September 11, Afghanistan, Iraq, and Hurricane Katrina.

Jeb was a lost opportunity, one of many who wanted the Presidency; were considered serious contenders; and yet lost the chance, while lesser candidates won.

In this category, we could, in the past half century, put Hubert H. Humphrey in 1968; Ted Kennedy in 1980; Al Gore in 2000; John McCain in 2000; and Hillary Clinton in 2008, along with Jeb Bush in 2000 and now in 2016.

And now, the question is whether Hillary Clinton can overcome Bernie Sanders for the Democratic Presidential nomination, after failing to overcome Barack Obama eight years ago.  Or will she, like Jeb, expected to win, end up failing, as Jeb has done?

In any case, George H. W.  and Barbara Bush may, very well, live to the next inauguration and beyond, at age 92 and 91 respectively in January 2017, but they will NOT see the inauguration of a second son to the Presidency.

The other question that arises is whether Bill Clinton, age 70 by the time of the inauguration in 2017, see his wife, on her second try, now 16 years, not 8, since he left the Oval Office, become President, or have the ultimate failure, despite all evidence that she would become the first woman President?

We shall see soon enough over the next number of months!

Three Eisenhower Supreme Court Appointments Were “Recess” Appointments: Earl Warren, William Brennan, Potter Stewart!

Barack Obama has a perfect opportunity to select a replacement for Justice Antonin Scalia right now, this week, before the Congress returns from the Presidents Day recess!

Sure, the Republicans would scream and yell, and probably threaten to impeach, but it is totally legitimate for the President to go ahead and nominate a Justice, who would immediately take the seat of Scalia.

And history tells us that Dwight D. Eisenhower had THREE recess appointments, all outstanding:

Chief Justice Earl Warren 1953

Associate Justice William Brennan 1956

Associate Justice Potter Stewart 1958

And the Brennan appointment was right before the Presidential Election of 1956, when in theory, Ike could have lost the election, but still the appointment went ahead, and Ike was elected to his second term!

So enough already of the hand wringing, and Obama needs to insure a nominee now, to prevent a vacancy for a year, which would cripple the Supreme Court’s ability to do its job!