US Supreme Court

Merrick Garland The Right Person To Be Attorney General Of The United States!

Merrick Garland is the right person to be Attorney General of the United States in these difficult times legally, due to the disaster of Donald Trump.

Denied a hearing for the Supreme Court in 2016, after his nomination by Barack Obama, with Senate Majority Leader Mitch McConnell and the Republican Senate not willing even to meet with him for consideration for the position, Garland now comes on the scene and will do what is right regarding the many outrageous legal actions and maneuvers of the Trump Presidency, including the horrifying Capitol Insurrection on January 6, 2021.

After a long career of prosecutions, including the investigation and the prosecution of the Oklahoma City Bombers in 1995, and service as Chief Judge for the US Court of Appeals for the DC Circuit for 23 years, Garland will restore the good name of the Justice Department, and will remind us of morality and ethics in law enforcement.

Garland could end up as the most significant member of the Joe Biden Cabinet!

Criminals In The Republican Party: Josh Hawley, Ted Cruz, Kevin McCarthy And Others Need To Be Prosecuted!

As the Second Donald Trump Impeachment Trial came to an end today, with only seven Republicans joining the Democrats for conviction, ten votes short of the two thirds vote required to convict, one thing is very clear!

The criminals in the Republican Party who promoted sedition and treason, and refused to accept the Electoral College votes, even after the Capitol Insurrection on January 6, 2021, need to be prosecuted by the Justice Department and Attorney General Merrick Garland, once he finally has his hearing to lead the Justice Department, and is confirmed.

It is clear that the Republican Party has delayed hearings for Garland, who already was mistreated in 2016, when his nomination to be an Associate Justice of the Supreme Court was prevented by Senate Majority Leader Mitch McConnell.

It may well be the most difficult position in the Biden Cabinet to be Attorney General in the present political climate, but justice demands that the Justice Department pursue prosecution of Senator Josh Hawley of Missouri and Senator Ted Cruz of Texas, the ring leaders in the promotion of Insurrection, but also six other Senators who joined them, as well as 139 House members, including House Minority Leader Kevin McCarthy of California.

And while now Senate Minority Leader Mitch McConnell was not part of the treason-sedition crowd, he should be condemned for failing to support the conviction of Donald Trump!

What A Wonderful Inauguration Tomorrow Of Joe Biden And Kamala Harris!

What a wonderful inauguration takes place tomorrow, Wednesday, January 20, 2021!

A President and Vice President who have empathy, compassion, common decency, and exceptional character to lead us out of the nightmare of Donald Trump and his racist, antisemitic, Islamophobic, nativist, and misogynist followers, offer recovery and advancement in the next four years!

If Donald Trump had won, our nation would be in the throes of a full scale Fascist dictatorship, and the attempted coup on January 6, thankfully, was overcome, but showed just how dangerous a situation we would be in if Trump had won, or stolen the election, as he clearly did with Russian collusion in 2016!

To deny the truth and reality is no longer going to be acceptable, and this author and blogger will not associate with anyone who tries to deny truth and reality about Donald Trump!

So tomorrow, we will have our second Catholic President of Irish ethnicity (after John F. Kennedy); our first woman and African and Asian heritage as our Vice President; and with our first Latina (Puerto Rican) Supreme Court Justice (Sonia Sotomayor) giving the oath to Kamala Harris; and with the first Second Gentleman, Douglas Emhoff, who is Jewish, bringing the highest level person of Jewish ethnicity into the top levels of government! We also will be bringing a true educator, Dr. Jill Biden, in as First Lady!

And also, we have our first Jewish Senate Majority Leader, Chuck Schumer; and our first Jewish Senator from Georgia, Jon Ossoff; and the first African American Senator from Georgia, the Reverend Raphael Warnock (who was pastor at the Ebenezer Baptist Church in Atlanta, earlier having Martin Luther King, Jr as its pastor; and the first Latino Senator from California, Alex Padilla, with all three Senators being sworn in tomorrow when the Democrats take control of the US Senate!

Joe Biden and Kamala Harris have major challenges not matched since Abraham Lincoln and Franklin D. Roosevelt, and let all of us wish them the best, and knowing they have our backs!

America Is In The Most Precarious Situation Since The Civil War, 160 Years Ago!

Sadly, America is in the most precarious situation since the Civil War, 160 years ago!

Even during the Civil War, the US Capitol and Washington, DC, while under threat from Southern Confederate military forces, never saw the secessionists enter the nation’s capital!

World War II was a dangerous time, but never was the US Capitol or Washington, DC in direct danger!

When Al Qaeda attacked on September 11, 2001, America was fortunate that an attempt to attack Washington, DC was unsuccessful, although the Pentagon in Arlington, Virginia was successfully damaged!

But now, the danger of more attacks on the US Capitol, and Washington, DC, and threats to the lives of President Elect Joe Biden and Vice President Elect are very real, and makes the next ten days very precarious, but even beyond the inauguration!

We have now in the US Congress seditionists and traitors who continued to support Donald Trump in a phony challenge to clear cut election results, which were repudiated in over 60 legal cases, and twice by the Supreme Court, including all three Donald Trump appointees part of the unanimous majority in each case.

We have Senators such as Josh Hawley of Missouri and Ted Cruz of Texas, along with Congressmen including House Minority Leader Kevin McCarthy of California, House Minority Whip Steve Scalise of Louisiana, Jim Jordan of Ohio, Devin Nunes of California, Matt Gaetz of Florida, Louie Gohmert of Texas, and so many others, who rightfully should be expelled from Congress, and be considered as complicit in the violent attack on the US Capitol, which led to the deaths of five people, including a Capitol police officer.

And Donald Trump, his son Donald Trump, Jr. and Rudy Giuliani, who stirred up the crowd on January 6 to assault the Capitol should all face criminal charges!

No question, Joe Biden faces challenges even greater than Abraham Lincoln, as not only do we have millions of crazed people who are adopting extremist right wing and QAnon views, but they are capable of continuing violence and bloodshed, which could lead literally to a a second Civil War!

As Georgia Votes For Two Senators Tomorrow, Donald Trump Commits Impeachable, Criminal Act!

The Georgia runoff elections are taking place on Tuesday, just as Donald Trump has been committing impeachable, and criminal acts, trying to force the Georgia Secretary of State and the Georgia Governor, both Republicans, to “fix” the election results in a vain attempt to deny Joe Biden the Electoral College victory he won nine weeks ago.

Listening to the hour long tape of his phone call to the Georgia state officials is shocking, and demonstrates how Trump is conducting himself as if he is a Mafia Chief, with no limits, and demonstrates the danger he presents to the nation!

The Biden victory has been affirmed in about 60 court cases, including two before the Supreme Court, which includes three Trump appointees.

It is clear that Donald Trump is obsessive compulsive, and unwilling to accept defeat, and is living in an alternate world reality!

He is violating his oath of office, and endangering the nation in a multitude ways, and should be impeached immediately by the House of Representatives, despite the reality that there is no way to have an impeachment trial, but for the record of history!

Trump also needs to face criminal indictment once he leaves office, and not just for financial corruption in New York State and New York City, but for massive abuse of power!

The danger with 16 days to go is that Trump is assaulting American democracy, the Constitution, and rule of law, and could, in theory, start a war with Iran; or try to use nuclear weapons; or order his right wing lunatic followers (The Proud Boys) to provoke violence, which may come on January 6 and after, including Inauguration Day, January 20!

The idea that 13 Republican Senators and 140 Republican Congressmen are still tied to Trump, and planning to disrupt the Electoral College vote on Wednesday, presents a crisis unseen before in American history, with a President who is totally unhinged mentally!

Biden Selection For Attorney General: Doug Jones The Best Choice

It is likely in this first week of 2021 that President Elect Joe Biden will select his Attorney General, arguably the most important Cabinet post, as the Justice Department needs major makeover, and the person in that position will have to consider action against Donald Trump and many of his Cabinet members and family members who have abused the Constitution.

And the perfect person for this position is former Senator Doug Jones of Alabama, easily the best Senator in modern Alabama history, as the state is sadly known for the horrible, horrendous Senators who have represented the state in modern times.

The best Senator earlier in the 20th century was Hugo Black, who served from 1927-1937, and went on to become a distinguished, outstanding Supreme Court Associate Justice from 1937 to 1971, overcoming his Ku Klux Klan past, revealed when he was appointed by Franklin D. Roosevelt.

Jones is most famous for being the US Attorney who pursued the Birmingham Church Bombers of 1963, who were responsible for the deaths of four young African American girls, with him successfully bringing the perpetrators to justice nearly four decades later, in 2001. He also pursued the Atlanta Olympic Park Bomber, Eric Rudolph, after that infamous terrorist attack in 1996.

Sadly, Jones only had three years in the US Senate, the first Democrat from Alabama since 1997, losing his seat to the former football coach, Tommy Tuberville, who had been at Auburn University many years earlier, but has no real intelligence or knowledge of government. This showed bad judgment by Alabama voters, but now Jones should be the Attorney General, as his ethics and principles are inviolable!

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!

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!

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!