Supreme Court

From Election To Inauguration: Four Worrisome Times, And Now Again In 2020

In American history, we have witnessed four times when the period from the election to the inauguration has been a worrisome time.

The first time was 1860-1861, when Abraham Lincoln was facing the secession of the South, and likely civil war, and even the danger of assassination threats before he took office.

The second time was 1876-1877, when the popular vote went to Samuel J. Tilden, but the electoral vote went to Rutherford B. Hayes, decided by a special Electoral Commission, which resulted in the closest electoral vote imaginable, a one vote margin of electors.

The third time was 1932-1933, when Franklin D. Roosevelt faced a recalcitrant Herbert Hoover, who refused to cooperate with the President-Elect as the Great Depression worsened.

The fourth time was 2000-2001, when the electoral vote was decided by the Supreme Court, awarding Florida to George W. Bush over Al Gore, by the second closest electoral vote, only five electoral vote margin.

And now, in 2020, we have to fear that Donald Trump will refuse to concede the election, and will fight it in every possible way, if the electoral vote is contested. And even if it is an easy victory for Joe Biden, Trump might create a constitutional crisis, and attempt to declare martial law and suspend the Constitution. He also might attempt to start a war with China or Iran, in the midst of the CoronaVirus Pandemic.

So we have a lot to worry about as we move toward the Presidential Election of 2020!

Three Years Of Donald Trump, One Year To Next Presidential Inauguration

It is hard to believe that Donald Trump has been in office, disgracing and besmirching the institution of the Presidency, for three years. With one year left to this term, hopefully, we will see next year on this day the end of this nightmare threat to civil order and international stability.

All possible efforts must be made to eradicate this cancer on the office of the Presidency, with commitment by voters and by those in public office to do everything needed to remove this man from the Presidency. We must then work to reverse the horrific damage he has done in so many areas of public policy.

There is no perfect candidate, but the nation must unite around the winner of the Democratic Presidential nomination as the only alternative to the horror of a second term for Trump, as that would create lasting damage to the nation, with little chance of reversal.

This is particularly true in the case of the federal judiciary, as if Trump is able to make the Supreme Court extremist right wing, it will reverberate on the nation in a deleterious manner for the next 20-30 years. It would insure domestic chaos and injustice long term, in a nation becoming rapidly a majority minority by the 2040s.

Top Trump Aides–Pompeo, Mulvaney, Giuliani, Bolton–Should Be Required To Testify Under Oath In Impeachment Trial, Or Nancy Pelosi Should Hold Articles Of Impeachment Until Supreme Court Rules On Trump Cases By June

Speaker of the House Nancy Pelosi is, rightfully, withholding the two impeachment articles against Donald Trump, and hopefully, will win the battle with Senate Majority Leader Mitch McConnell , requiring that Secretary of State Mike Pompeo, Acting White House Chief of Staff Mick Mulvaney, Trump attorney Rudy Giuliani, and former National Security Advisor John Bolton, all give testimony under oath in the upcoming Senate trial of impeachment.

if such does not happen, Pelosi should refuse to allow action until and when the Supreme Court under Chief Justice John Roberts rules on the various cases against Trump on taxes and other matters, to be settled by decision no later than June, the end of the Supreme Court session.

Maybe withholding action on the impeachment articles will force the Court to move up the cases for final determination sooner.

Meanwhile, Donald Trump will be driven mad by the delay, and it is just desserts since he is such an evil man, who needs to be forced out of office.

If the Supreme Court rules against Trump, as they did in 1974 against Richard Nixon and 1997 against Bill Clinton, it is possible to imagine that Trump would be forced out of office, and probably by resignation.

So Nancy Pelosi holds the cards, and should force the Senate to do what she wants, testimony by key figures in the Ukraine Scandal!

Pure Insanity: $200 Million Spent On Campaign Commercials By Michael Bloomberg And Tom Steyer!

It is pure insanity that two Democratic Presidential contenders, Michael Bloomberg and Tom Steyer, both multi billionaires, have together spent $200 million on their Presidential campaign commercials, with Bloomberg wasting $120 million, and Steyer $80 million, more than all of the other Presidential contenders combined!

Bloomberg has not been willing to contend in the February caucuses and primaries, and has not participated in any debates, and seems to think he can buy his way into the Presidency, and he needs to be repudiated for that alone.

While Steyer has been competing in the caucus and primary states in February, and has been in a couple of debates, he must, also, be repudiated for using his personal wealth in pursuit of the Presidency.

The Citizens United case of the Supreme Court must be reversed somehow, but it seems highly unlikely anytime soon, as the only method is a constitutional amendment, or another case coming to the Supreme Court and leading to a reversal, nearly impossible in the present political climate of the Court, with two new Trump appointees, Neil Gorsuch and Brett Kavanaugh.

But the Democratic voters need to give a smashing repudiation to both Bloomberg and Steyer once the voting starts in five and a half weeks from now!

Money Battle For 2020 Presidential Campaign Favors Trump, And Gives Bloomberg And Steyer An Argument For Their Candidacies For President

The Donald Trump Presidential campaign is spending more than all Democrats combined, and that is very worrisome.

This is all due to the Citizens United Case of the Supreme Court in 2010, allowing corporations and individuals to spend as much as they want.

This makes a case for a billionaire such as Michael Bloomberg or Tom Steyer to be the nominee, since they can outspend or match the Trump campaign, although neither competes well in the polls, and only Steyer has been in some of the debates.

Sadly, this could end up the results, although far from desirable.

It would disillusion millions of Democrats, however, who might stay home and not vote.

It will be interesting to see how caucus and primary voters react to Bloomberg and Steyer, and if they react that these two candidates are viable due to their financial resources.

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.

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!

65 Years Since Supreme Court Decision In Brown V. Board Of Education

A week ago, the nation commemorated the 65th anniversary of the most significant and far reaching Supreme Court decision of the 20th century, Brown V. Board of Education, decided in 1954 by an unanimous 9-0 decision, spurred on by the second greatest Chief Justice in American history, Earl Warren.

This decision, an extremely rare unanimous case, has had a dramatic effect on America, regarding race relations and equal opportunity, no debate about that.

But at the same time, there is still much racism and prejudice, spurred on by Donald Trump, after the inspiring election before him of Barack Obama, as the ugly side of human relations came to the forefront.

And although there has been progress as compared to before 1954, there still is too much inequity in schools and funding, particularly in “Red” states in the South and Midwest.

But we also see more social intermingling of the different racial groups, as generations of children have friends of people of different backgrounds, and more mixed race children are being born, since skin color has become for many young people not an issue as much as it was their grandparents and even parents.

There is still a lot of work and effort required to promote a truly multiracial society in a nation which will be majority minority in 2040 and beyond.

The Federal Court System Is Going Back To 19th Century Mentality With Mediocre Trump Appointees Unwilling To Accept “Stare Decisis” On Major Issues Supposedly Settled, And Undermining American Democracy

America is in danger of seeing the federal court system being hijacked by President Donald Trump, Senate Majority Leader Mitch McConnell, and the Republican Party, and putting us back in the late 19th century “Gilded Age”, where unregulated capitalism prevailed; segregation reigned; labor was victimized; the environment was being destroyed by industrial waste; and women had no basic legal rights.

Many Trump appointees to the lower federal courts are totally incompetent, and only placed in their lifetime positions to undermine all of the progress brought about under many different Presidents and Congresses in the past century to advance human rights.

Trump appointees seem ready to defy “stare decisis”, the concept of past precedent having a major impact on many areas of the law, when cases comes to the Supreme Court and other federal courts.

So we may be seeing the end of abortion rights for women; denial of equality of racial and religious minorities; refusal to promote a more fair justice system; treating gays, lesbians and transgender in a discriminatory manner; and the reassertion of unregulated corporate power.

Is Chief Justice John Roberts On Road To Judicial Leadership Of John Marshall, Charles Evans Hughes, And Earl Warren?

Chief Justice John Roberts is clearly a conservative on the Supreme Court, but he is also very much aware of and concerned about the turmoil in American society, and concerned about the long term reputation of the Court, as well as his own historical image, since he has a sense of history.

So Roberts has surprised Court watchers in some of his decisions, and he has emerged as the “swing” vote on the Court, as only he can prevent the Court from going so hard to the Right that it will lose its image of being an institution that promotes fairness and equity under the Constitution.

So expect that John Roberts will become a true judicial leader on the level of John Marshall (1801-1835), Charles Evans Hughes (1930-1941), and Earl Warren (1953-1969).

These three Chief Justices, generally acknowledged as the three greatest of the 16 previous Chief Justices before Roberts came to the Court in 2005, all demonstrated courage and principle, and came into conflict with Presidents.

Marshall had to deal with the strong opposition of Thomas Jefferson and Andrew Jackson, while Charles Evans Hughes had Franklin D. Roosevelt challenging the Court during the Great Depression, and Earl Warren steered the Court in a direction not always agreed with by Republicans Dwight D. Eisenhower and Richard Nixon.

Now John Roberts has to deal with Donald Trump, who he has already issued a criticism, when Trump spoke of “Obama Judges”, “Bush Judges”, and “Clinton Judges”, with Roberts asserting there is no such thing as judges based on a President, but rather judges adhering to the Constitution as they see it.

This makes it quite clear to many observers that Roberts is ready to take a more moderate stand than he does typically, as he did in saving the Affordable Care Act (ObamaCare) in 2012.

Expect Roberts to side, if necessary, with the four “liberals” on the Court (chosen by Bill Clinton and Barack Obama), with the constitutional crisis that has clearly arisen, including trying to convince the four conservatives selected by both President Bushes and even the two Trump judges, to consider how the Court was unanimous in curbing President Richard Nixon in the Watergate Scandal 45 years ago, and Bill Clinton in the Paula Jones lawsuit 22 years ago.

It is the Supreme Court that is being looked to as the ultimate government branch to rein in a President far more abusive than Richard Nixon, and to reassert separation of powers and checks and balances.