US Supreme Court

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!

Republicans Are Out To Declare War On Women’s Rights, Health Care, Labor Rights, Gay Rights, Environment And So Much More!

The Republican Party and President Donald Trump have declared open war on women’s rights, health care, labor rights, gay rights, the environment, and civil liberties.

They have become an extreme right wing party, more like a Fascist Party, disparaging the history of a party that once stood for basic decent principles.

Officeholders in the Republican Party have sold their souls to the most evil man ever to be President, and their future will be one of total destruction, as the nation turns against them in November and in the future, as they did in California after anti immigrant legislation was passed in the early 1990s.

If there was ever a time for all good, decent people to vote, and to be willing to resist with demonstrations, but without violence, it is NOW!

The nomination of Circuit Court Judge Amy Coney Barrett is a complete repudiation of the historic role of Ruth Bader Ginsburg, and will galvanize all intelligent and educated women, all those who care about life in the midst of this COVID-19 Pandemic, all gays and lesbians, all environmentalists, and all who believe in racial equality and civil rights, to unite, and hopefully, defeat the forces of evil.

And if the Supreme Court with the evil intentioned Amy Comey Barrett declares abortion illegal and destroys the Affordable Care Act without a replacement, then the Democrats will have to add new members to the Court to upend the evil Trump-Republican strategy to take away basic human rights!

America Is In The Most Dangerous Constitutional Crisis In All Of Its History, More Than 1860 Or 1932!

Shocking but true, America has just entered into its most dangerous constitutional crisis in all of its history, more than 1860 or 1932.

The Civil War has always been regarded as the most difficult moment constitutionally, as the Civil War was on the horizon, but Abraham Lincoln won the election, and was inaugurated peacefully on March 4, 1861.

The Great Depression was at its worse at the time of the election in 1932, but Franklin D. Roosevelt won the election, and was inaugurated peacefully on March 4, 1933.

Both Lincoln and FDR faced assassination threats, but both survived and became our greatest Presidents.

Other times, we have had contested or close elections, as in 1800, 1824, 1876, 1880, 1916, 1960, 2000, and 2016, but always there was a peaceful transition of government from one President to another, without rancor.

But now, yesterday, President Donald Trump indicated that he would not guarantee a peaceful transition of power, that the mail ballots should be thrown out, and his administration continue in office beyond January 20, 2021, and that an extra Supreme Court Justice might be enough to rule in Trump’s favor. Also, there are plans behind the scenes to have Presidential electors in many swing states be convinced to support Trump in the Electoral College, even if Trump is seen as losing the popular vote in many states.

This is alarming, and presages a constitutional crisis that would be worse than 1860 or 1932, and a move by Trump to destroy the Constitution and rule of law, and the establishment of an authoritarian Fascist oriented dictatorship!

It means we have a tense 40 days until the election, and a potentially tense 78 days to Inauguration Day, whereby Trump could declare martial law, or we could have both Trump and Biden coming to Inauguration Day as the perceived winner by their own camps, and how that would be handled.

Our system of government has always been based on the loser accepting defeat, not being a sore loser, and not threatening to provoke violence by his supporters, but Trump is already doing this at his no mask, no social distancing, rallies, an alarming development.

This is a moment of reckoning for all elected Republicans, that while they want to compete to win power, that they have to respect the Constitution and rule of law, and NOT support a renegade President, if the election results are clearly in favor of Joe Biden, as is expected.

We have to hope that Biden wins by a massive margin, as otherwise, we are in uncharted territory, and even if it is a massive victory, Trump might claim it is a stolen election, and throw it to the courts, and a newly appointed Associate Justice could be the decisive factor in deciding whether we retain our democracy.

The death of Ruth Bader Ginsburg, ironically, could be a major turning point in American history in a negative fashion way beyond the passing of this great woman!

We cannot allow that to occur!

Time For Mitch McConnell And Lindsey Graham To Be Retired By Voters!

Two leading Republicans stand out above all who need to be retired by the voters in their states.

One is Senate Majority Leader Mitch McConnell of Kentucky, who is being opposed by Amy McGrath, a former Marine fighter pilot, and first woman to fly a combat mission for the Marine Corps. In 20 years in the Marine Corps, McGrath flew 89 combat missions against Al Qaeda and the Taliban. She graduated from the US Naval Academy, and has taught as an instructor there. She reached the level of Lieutenant Colonel in the military, and won many combat medals in the Iraq War and Afghanistan War. She is defined as a moderate centrist Democrat.

The other Senator who needs to be retired is Senate Judiciary Committee Chairman Lindsey Graham of South Carolina, who is opposed by African American politician Jaime Harrison, who was the Chair of the state Democratic Party from 2013-2017, and is an Associate Chair of the Democratic National Committee. He graduated from Yale University and received his law degree from Georgetown University. He worked as a lobbyist and also for House Majority Whip James Clyburn.

Public opinion polls indicate a very close race in South Carolina, but in Kentucky, McConnell seems far ahead.

However, with the tumult over the Supreme Court vacancy, one can hope that at least one, if not both, of these despicable Republican leaders, could be ousted from their Senate seats, as this has happened before to others.

It seems clear that Democrats, independents, and those Republicans and conservatives who have condemned office holding Republicans for bowing to Donald Trump, just might be enough to affect change!

Time For Democrats To Play Hard Ball: Plan To Change Senate And Supreme Court If They Win White House And Congress

With the Republicans and Donald Trump moving ahead to fill the seat of Ruth Bader Ginsburg with so little time until the election, when it should be left to the winner of the Presidency on November 3, it is time for the Democrats to play hard ball IF they win the White House and both houses of Congress, which at this point seems likely.

What can the Democrats do?

Move to create two new states that are territories now, but should be made states—Washington, DC and Puerto Rico! That would add four new Democratic seats to the Senate and about one seat for DC and four seats for Puerto Rico to the House of Representatives, most likely all or mostly Democratic members.

Get rid of the Senate filibuster that requires 60 votes on major legislation, and make it 51 votes, as the House is based on majority rule.

A third idea is to increase the Supreme Court to 13 members if the present Court becomes 6-3 conservative.

While these are seen by many as “radical” ideas, it may be the only way to promote the saving of health care; women’s rights; labor rights; gay rights; climate change legislation; criminal justice reform; aid to Americans as the Covid-19 Pandemic continues; and many other progressive reforms!

Hope That At Least Four Republican Senators Will Delay A Vote To Replace Ruth Bader Ginsburg

This is a very depressing time, and Donald Trump and Mitch McConnell are adding to it by the outrageous rapid move to promote a Supreme Court nominee to replace Ruth Bader Ginsburg so quickly.

With only six weeks until the election, and with the normal period before the process for a Supreme Court nominee being about 75 days, what is the hurry to do this?

In 2016, the Republicans refused to consider a Supreme Court nominee for an entire year, rather than allow Barack Obama to put Merrick Garland on the Supreme Court!

The argument was that in the year of a Presidential election, no replacement for the Court should be considered.

If the Court could do with eight members for a year, then they can do with only 8 members until January, when the next inauguration takes place.

No one can argue that if Donald Trump were to win a second term, of course, he could pick a replacement.

But if Joe Biden win the election, then the new President should make the choice for a lifetime appointment of about 30 years.

A hopeful sign is that two women Republican Senators—Lisa Murkowski of Alaska and Susan Collins of Maine—have stated that the elected President in November should make the appointment, and that they do not support a rapid replacement before the election or after if Joe Biden wins in November.

Collins has been very disappointing in supporting the nomination of Brett Kavanaugh in 2018, and she is in deep trouble in her Senate reelection campaign in Maine.

Murkowski does not have to face voters until 2022, and in the past, she won reelection to her seat against both a Republican and a Democrat in 2010, so she is more to be trusted than Collins.

But there is also Mitt Romney, who one would think is principled enough based on his opposition to Donald Trump, that he could be a third vote.

Four votes are needed, however, to stop a nominee from being confirmed for now, and Senate President Pro Tempore Chuck Grassley of Iowa, has said in the past he is against a replacement in an election year, so maybe he will also oppose a quick action.

There is also speculations that Cory Gardner, in a tough race in Colorado, might wish to avoid voting on a nominee before the election.

There are also those Senators seen as more moderate conservatives, but none of them can be relied upon: Rob Portman of Ohio, and Pat Toomey of Pennsylvania.

Of course, Mitch McConnell himself, and Lindsey Graham, both facing election in their states, had posed the same principle in 2016, but not now, so purely, both are hypocrites. One can hope that possibly their opponents will gain more funding and possibly defeat them, although the odds are long.

Then, there is Ted Cruz, a despicable piece of trash, who also said the same thing about election year appointments, but now is on a list of potential Supreme Court nominees, although Trump has said a woman will be selected next week!

All of the other Republicans running for reelection seem unlikely to show any principle, although Ben Sasse of Nebraska is one we could hope might do so, but seems unlikely to have the courage to take a stand.

So we may end up with a 6-3 Court, setting us back to the 19th century in so many ways, and if nothing else, it should encourage more than ever before for massive contributions to Democrats for the Senate and for Joe Biden nationally, as this nightmare of Donald Trump must come to an end in November!

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!