US Supreme Court

Death Of Justice Ruth Bader Ginsburg Makes Election Of Democratic President And Senate Ever More Urgent!

The shocking news of the death of Supreme Court Justice Ruth Bader Ginsburg, which everyone was praying would not happen, makes the election of Joe Biden and a Democratic Senate ever more urgent.

With only 46 days to the election, and with people voting already early in a number of states, the push to replace her should not take place until after the election results are in!

And if Donald Trump loses and the Senate goes Democratic, it would be an outrage if a lame duck President and Republican controlled Senate were to ram through a replacement between November and January.

That is why no one can afford to ignore this election, as it is crucial for the future of the nation, in a way unlike any other in the past century!

Justice Ginsburg will be regarded as being in the top ten all time of Supreme Court Justices, and her loss is hard to replace, as she was a spokesman for the advancement of women and minorities, which desperately need a champion as she was. She was a role model and trail blazer for so many Americans!

This upcoming Senate battle is one for the ages, and the Court will become more than ever a major issue to be decided in six weeks from now!

Chief Justice John Roberts Has Become The “Swing Vote” On The Supreme Court Since The Retirement Of Anthony Kennedy

Chief Justice John Roberts, appointed in 2005, has become a major surprise on the Supreme Court, and is seen by many as the new, often reliable “swing vote” on the Court, enraging hard line conservatives.

He has become unpredictable after years of being seen as a solid conservative, and is evolving into the most important Chief Justice since Earl Warren retired a half century ago.

Roberts is now perceived as the new “Anthony Kennedy”, going with the liberal side of the Court about one third of the time, and staying with the conservative side two thirds of the time.

This does not please right wingers, who want a Court that is back to the Gilded Age in mentality.

Roberts saved Obama Care in 2012; and just this year backed off on conservative attempts to end abortion; to end DACA (Deferred Action on Childhood Arrivals; and backed the rights of gays and lesbians in employment, all path breaking moments.

He also prevented a citizenship question from being added to the census, and backed New York City’s strict gun control laws. And just this week, he upheld Nevada’s restriction on church attendance in the midst of the CoronaVirus Pandemic.

Roberts also was critical of President Donald Trump’s statement last year about Justices being loyal to who appointed them, when he said that there are no Bush Justices, no Obama Justices, no Clinton Justices. And of course, he presided over the Trump impeachment trial professionally, but one can see he is no fan of Donald Trump in any sense.

It seems clear that Roberts is thinking of his and the Court’s reputation and legacy, as the Court is awfully close to the point where it would seem regressive for the 21st century, were Roberts to go full right wing.

So despite strong criticism from the Right, John Roberts has been a savior on the Court at times.

Most important is that Roberts, writing for the Court majority of 7-2 on two cases has made it clear that Trump is subject to the law regarding no immunity from state criminal investigation of his taxes and also from congressional subpoenas, a stunning series of development at the beginning of July. So the President is not above the law!

Let us cheer on Chief Justice John Roberts for maintaining the reputation of the Supreme Court as NOT overly ideological, to the detriment of Americans!

Associate Justice Neil Gorsuch A Surprise On The Supreme Court

With the third term of Neil Gorsuch on the Supreme Court now complete, one must say that Gorsuch is quite a surprise in his decisions on the Court, startling many conservatives, and pleasing progressives.

It is clear that Gorsuch is, and will continue to be, unpredictable on the Court, and already, he joins Chief Justice John Roberts in siding with liberals on some cases before the Court.

He has already made observers compare him to former Justice Byron White, and even by some to former Justice David Souter.

This means that the idea that are five rigid conservatives on the Court now looks more like four liberals, three conservatives, and some of the time two “swing” Justices, mostly conservative but totally unpredictable, and therefore, not reliable all of the time for the conservative camp.

It was wonderful to see Gorsuch side with native Americans in declaring that eastern Oklahoma is native American territory, although it is not clear what that means in reality to Oklahoma’s future.

His backing of gays and lesbians having employment rights guaranteed under the Civil Rights Act of 1964, joined by Chief Justice Roberts, may be one of the most important cases in many years.

The at times unpredictability of both Gorsuch and Roberts makes following the Supreme Court much more fascinating, for sure!

Ruth Bader Ginsburg Cancer Crisis Raises Alarm For Supreme Court Future

Supreme Court Associate Justice Ruth Bader Ginsburg has been on the Court for 27 years, and is a true icon with millions of fans and supporters of her brilliant liberal perspective on legal matters.

But now, at age 87, she has suffered again a bout with cancer, having survived colon cancer in 1999, pancreatic cancer in 2009, lung cancer in 2018, and pancreatic cancer again in 2019. Now, she is diagnosed with liver cancer, so this is her fifth bout with cancer.

Ginsburg has proved to be a tough lady, doing great sessions with exercise over the past generation, and recovering from conditions most would not have survived.

She is still able to do her job, and is determined to remain, but now, there is fear she might not be able to continue, and could, god forbid, die in office or be forced to resign this fall, giving Donald Trump another appointment to the Court, which would shift it to the far right, a true disaster.

Since Barack Obama was not allowed by Senate Majority Leader Mitch McConnell and the Republican Party to replace Justice Antonin Scalia in 2016, because it was an election year, by all rights, Trump should not be able to replace Ginsburg. Any appointment should be delayed to 2021. as it was delayed until 2017, when Neil Gorsuch took the Scalia seat, rather than Merrick Garland, the Barack Obama appointee to replace Scalia in 2016.

We must all pray that Ginsburg will, once again, fight and overcome this challenge, and remain on the Court until at least January 4, when the new Congress, hopefully with a Democratic Senate, begins, and the upcoming inauguration, hopefully, of Joe Biden to the Presidency, would occur on January 20, 2021.

Then, we will know that Ginsburg’s Court seat is safely in the hands of a liberal Justice, preserving the legacy of Ruth Bader Ginsburg!

The Supreme Court Might See Massive Change In Next Presidential Term

It seems likely that the Supreme Court might see massive change in the next Presidential term.

The automatic thought is that of course, the odds of Ruth Bader Ginsburg and Stephen Breyer leaving by one method or another, either death or retirement, seems likely as they are now 87 and 82 respectively.

If this happens with Joe Biden as President, the seats will remain in the liberal camp, so the news of Ginsburg again in the hospital, but supposedly recovering well, makes one’s heart skip a beat.

The thought of another Donald Trump appointment before the election is a horrible thought, but likely would happen if she were to leave the Supreme Court in the months before the election.

But beyond Ginsburg and Breyer, there are four other potential changes that could occur.

Both Clarence Thomas (age 72) and Samuel Alito (age 70) have been rumored to be thinking of leaving the Court, but no sign they would leave right now. But if they did in 2021 or after, with Joe Biden in office, these two most reliably conservative members would be likely replaced by nominees more to the left in their constitutional views.

Additionally, it is well known that Sonia Sotomayor (age 66) has a strong case of diabetes, and there is some speculation she might leave for health reasons at some point.

Finally, Chief Justice John Roberts (age 65) has had seizure issues, and could have died when he collapsed in 2007 on a deck while fishing, but fortunately did not fall into the water with no one nearby, and was instead found after the event. But he now has had a concussion, and one can wonder if it is related to his seizure issues, for which he takes medication. So it is possible to imagine him leaving the Court at some point.

So with the uncertainties of life, the six longest serving members of the Court could end up leaving the Court sometime between now and 2025. This would affect the balance of the Court on many cases that will come up in the future.

The Supreme Court Dignified Itself By Upholding The Rule Of Law Against President Donald Trump

The Supreme Court dignified itself today by upholding the rule of law against President Donald Trump.

In two cases, the Court did similar to what it did with President Richard Nixon in 1974 and President Bill Clinton in 1997.

And the two Trump Supreme Court appointees (Neil Gorsuch and Brett Kavanaugh) surprised by joining five other Justices, including Chief Justice John Roberts, in smacking Trump down, and telling he is not above the law.

So once again, Supreme Court appointees have “disappointed” the President who selected them, but in so doing, they remind us that the Court is designed to do what is proper, and quite often, although not enough, the Court surprises and pleases those who care about the law and the Constitution.

These decisions further undermine Donald Trump with less than four months to the election, which seems certain to be a massive repudiation of Trump, and lead to his prosecution on financial fraud, although much else should be the center of attention once this disgraced President leaves office!

Trump Calls For Immediate Obama Care Repeal In Midst Of Pandemic: Most Obscene Action Imaginable!

In the midst of the worst public health crisis in a century, the Corona Virus Pandemic, Donald Trump has called for immediate action by the Supreme Court to repeal Obama Care, the Affordable Care Act of 2010.

The Republican Party has been unwilling to leave Obama Care alone, but has failed to destroy it, and offers no alternative to the tens of millions who depend on Obama Care for their health care.

If the GOP had an alternative plan, then one might consider it, but they have refused to come up with an alternative, even though Obama Care is very similar to Romney Care in Massachusetts under Mitt Romney, and to the plan developed by future House Speaker Newt Gingrich and Senator Bob Dole and the American Enterprise Institute in 1993-1994, as an alternative to the bolder Hillary Care health care plan of the Bill Clinton Administration.

Obama Care is not perfect, but one should not “throw out the baby with the bath water”, but instead come up with a different plan.

But for Donald Trump to promote the destruction of health care for millions without an alternative is truly the most obscene action imaginable!

Donald Trump In Free Fall After Disastrous Week

Donald Trump is clearly in free fall after a disastrous week.

The Supreme Court, including conservatives, and a Trump appointee, went against him on Gay and Transgender employment rights, and on the issue of Deferred Action For Childhood Arrivals (DACA), leading Trump to complain that the Supreme Court does not “like” him.

John Bolton publishing a book demonstrating that Trump has no interest in any policy, and just about reelection, infuriated Trump.

Mary Trump, his niece, is about to come out with a tell all about how horrible Trump is, even with his own father who gave him his start, once the elder Trump developed Alzheimers.

Donald Trump is bringing more attention to his own corrupt dealings in New York, by firing the US Attorney for the Southern District of New York, promoting a new investigation by the House Judiciary Committee.

All public opinion polls show Trump in a massive landslide, and that includes the Fox News Polls.

And finally, the disastrous Tulsa rally led to a very small crowd, only about one third full, but also increasing the likelihood that many of the attendees might get the COVID-19 virus and spread it to others.

Donald Trump Reeling From Supreme Court DACA Decision, And Fox News Poll, Showing Joe Biden Winning By 12 Points!

Donald Trump is rapidly deteriorating mentally and physically, as he sees himself losing on so many fronts.

The latest is the Supreme Court decision on DACA (Deferred Action for Childhood Arrivals), allowing those immigrants who came to America as young children, and were threatened with deportation by Trump, to remain in America, at least for the time being. Hopefully, their status will be finally resolved in 2021 by a President Joe Biden and a Democratic Congress.

Chief Justice John Roberts again proved how “unreliable” he is for conservative values, making the decision 5-4.

And now, Trump is not only declaring war on the Supreme Court, with his utterance that the Justices do not like him, but also on Fox News Channel, which just published a poll showing Joe Biden leading Donald Trump by the massive margin of 12 points nationally.

Donald Trump is suffering mightily as everything is going against him, and it could not happen to a better person!

The Unpredictable Supreme Court Due To Republican “Maverick” Appointments

The history of the Supreme Court since 1953 has been one of unpredictability, due to Republican “Maverick” Appointments, who surprise conservatives who thought having a Republican President insured their narrow minded views of the Constitution and the law.

America has been fortunate that every Republican President from Dwight D. Eisenhower to Donald Trump has made an appointment that surprised the nation, and promoted social progress long term.

Eisenhower appointed Chief Justice Earl Warren and Associate Justice William Brennan.

Richard Nixon appointed Chief Justice Warren Burger and Associate Justice Harry Blackmun.

Gerald Ford appointed Associate Justice John Paul Stevens.

Ronald Reagan appointed Associate Justices Sandra Day O’Connor and Anthony Kennedy.

George H. W. Bush appointed Associate Justice David Souter.

George W. Bush appointed Chief Justice John Roberts.

Donald Trump appointed Associate Justice Neil Gorsuch.

So ten appointments in the past two thirds of a century have made a dramatic difference in so many ways, including racial integration, school prayer, abortion rights, ObamaCare, gay rights, and other significant areas.