Voting Rights

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!

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!

The Republican Attack On Kamala Harris Begins, Including “Birtherism”, But It Will Not Succeed!

The Trump Presidency, the Republican Party, and the extreme right wing Fox News Channel and conservative talk radio and propagandists are already deeply in attack on Vice Presidential nominee Kamala Harris in every possible and obscene way imaginable.

This includes preposterous claims that Harris was not born in America, when she was born in Oakland, California, and therefore the “birtherism” charge used against Barack Obama is coming back.

She is being called too progressive or not progressive enough, and being portrayed as becoming the future President, since Joe Biden, supposedly, is close to being feeble mentally, and will resign soon. This is said after Biden conducted a great speech yesterday and today, as well as Harris doing so, and inspiring people that there is a coherent future after Donald Trump.

Joe Biden can bike vigorously, and is in good physical shape, while Trump rides in a golf cart, and becomes more incoherent by the day, totally delusional, and clearly terrified that Biden and Harris have such a large lead in all polls.

So now Trump is trying to prevent people from voting by causing massive postal service delays, which also endangers people getting their medications on a sustained basis by mail.

Trump is totally out of control, hysterical, while Biden and Harris are promoting a national mask policy for the next few months, as a consistent manner to curb the number of people who get the CoronaVirus and cut the number of deaths, which are at a high now, more than anytime since May!

Vote By Mail Should Be Alternative, And Should Be Offered Everywhere This November For All Elections

With the nation in the midst of the CoronaVirus Pandemic, it is essential that all states offer Vote by Mail as an alternative, making it mandatory for all elections!

As it is, about 25 percent of voters vote by mail, including this blogger and author.

People who are older; those who are disabled; those who are in hospitals, nursing homes, and other public institutions; and others who find it inconvenient to stand in lines at polls on Election Day already vote by mail.

If Donald Trump had his way, no one would vote by mail, as he knows that is the only way that a majority of people, not electoral votes, would vote for the Republican party. They make it their mission to make voting harder, and to work to undermine the right to vote for minority groups, and make voter suppression their major effort in office!

Standing online yesterday in Wisconsin, forced on voters by the Republican Party of Wisconsin and the US Supreme Court majority of conservative Republicans, was a total outrage and disgrace!

The right to vote is sacred, and no one needs to prove his residence, as long as he or she has registered to vote with proper identification. Once that has been established, we should follow Oregon, Washington, Colorado, Utah and Hawaii, all enlightened states, that have all of their elections by mail already!

Sixteen other states also have vote by mail allowed, including my state of Florida, but also California and Arizona as major centers of population. allow it.

It is time for such states as New York, Massachusetts, Virginia, Texas, Ohio, Michigan, Wisconsin, Illinois, and particularly Southern states, to spread democracy to all citizens!

A Massive “Blue Wave” Despite A Good Economy, Low Unemployment, And Actions To Promote Voter Suppression

The biggest “Blue Wave” since the 1974 midterms, after Richard Nixon resigned due to the Watergate Scandal, has occurred this week.

It is also the greatest participation in a midterm election in 52 years, since 1966, when there was a lot of anger at Lyndon B. Johnson’s prosecution of the Vietnam War.

It is also an election in which the states that decided that Donald Trump would win the Electoral College–Pennsylvania, Michigan, Wisconsin–swung over to the Democrats.

This was an election in which the gender gap was the greatest we have ever seen, and more young people voted than at any time since the 26th Amendment gave 18 year olds the right to vote.

This election also saw suburbia swing to the Democratic Party en masse, and that is a major development long term.

We also saw many Republican Congressmen in California, New Jersey, New York, Pennsylvania, Florida, and in the Midwest, lose their seats.

We witnessed Kansas reject the right wing views of past Governor Sam Brownback, and defeat Kris Kobach, a crooked candidate who worked to suppress voting rights all over the nation in the past few years.

All this occurred despite a good economy, low unemployment, and actions to promote voter suppression.

Donald Trump had said that voters should consider as if he was on the ballot, when he went out and campaigned all over the nation.

And the nation reacted with a sound rejection of Trump, with Democrats winning 7 percent more of the vote than Republicans, just as Hillary Clinton won over Donald Trump in popular vote by nearly 3 million votes.

And let us not forget that Democrats have won the popular vote for President six of the last seven national elections, all but 2004, starting in 1992 and through 2016!

The Record And Views Of Supreme Court Nominee Brett Kavanaugh Could Determine Constitutional Law To 2050!

Tomorrow, the contentious hearings on the nomination of Supreme Court nominee Brett Kavanaugh will begin in the Senate Judiciary Committee.

These will be the most controversial set of hearings since 1987 and Robert Bork, and 1991, with Clarence Thomas.

On both of those occasions, the Democrats controlled the Senate, and Bork was rejected by a vote of 58-42, while Thomas was confirmed by a vote of 52-48.

The effect of Justice Clarence Thomas for the past 27 years has been profound, with many future potential Circuit Court or Supreme Court candidates having clerked for him.

Thomas has been trying to take us back to the Articles of Confederation in many ways, but also admiring Presidential power at the same time.

This is the danger of Brett Kavanaugh, that he would take America domestically back to the Gilded Age, wiping out the New Deal, Great Society, and everything Barack Obama changed.

He comes across on the surface as a pleasant, nice man, but it is all very misleading.

This is a man who worked for Ken Starr in the impeachment of Bill Clinton, and now Kavanaugh has changed his view of Presidential power 180 degrees.

This is a man who worked in the White House for George W. Bush, and helped to plan the idea of an anti gay marriage amendment, that was part of the campaign of Bush in 2004. And now, Donald Trump has used executive privilege to prevent 100,000 documents from Kavanaugh’s time in the Bush White House from being made available, which is another controversy now created, as why should the Senate be unable to examine all pertinent material about a nominee?

This is a man who worked to deny September 11 victims the ability to sue for damages, limiting unsuccessfully that intent.

This is a man who in his Circuit Court decisions has come out against abortion rights, against ObamaCare, against the Consumer Financial Protection Bureau, against labor union rights, and willing to support limitations on voting rights.

This is a man who might be able to vote on whether Donald Trump can be indicted or prosecuted, and should recuse himself on any such matters as a conflict of interest, but likely will not do so. Justice William Rehnquist, when new on the Court as an Associate Justice, recused himself from the US Vs. Richard Nixon case in 1974 (after which Richard Nixon resigned), because Rehnquist had worked in the Justice Department under Nixon. So that famous and significant case was 8-0, not 9-0 or 8-1, and at the least, a Justice Kavanaugh should recuse himself from any case involving possible legal action against Donald Trump.

Kavanaugh could affect future decisions on campaign finance, climate change, election gerrymandering, and travel bans, and regulation of guns.

He would also create a right wing conservative Court, unlike any since 85 years ago.

And being only 53, he could be on the Supreme Court until 2050, when he would reach 85 years of age.

This would be the most long range effect of Donald Trump, no matter how much longer he remains in the Presidency, along with the 26 and more Circuit Court confirmations already accomplished by Senate Majority Leader Mitch McConnell, along with Supreme Court Justice Neil Gorsuch.

The Democrats’ only hope would be IF all 49 Democrats hold fast (highly unlikely); Susan Collins and Lisa Murkowksi (both pro choice on abortion) abandoning the party ties on this vote (highly unlikely); and the person who replaces John McCain in the Senate (maybe Cindy McCain) joining the two women Republican Senators in voting against Kavanaugh (highly unlikely).

How The Republican Majority Supreme Court Has Promoted Corporate Control And Voter Suppression, And Undermined American Democracy

Citizens United V. Federal Election Commission (2010) and Shelby County V. Holder (2013) are the two decisions of the majority Supreme Court in the last decade which have destroyed the concept of fair and free elections in America.

Those cases, and Bush V Gore (2000) have done everything possible to undermine the majority of the people in Presidential elections, as well as other elections in states, which should have favored the Democratic Party.

And now, with a new right wing Supreme Court Justice, Neil Gorsuch, possibly more extremist than Clarence Thomas or Samuel Alito on the Court since April, the future is very gloomy for progressive values and beliefs.

Realize that the Democrats have won the popular vote in Presidential elections six of the last seven times, from 1992 to 2016, only losing to George W. Bush in 2004.

But the Supreme Court Republican majority has allowed corporations to be seen as people, and this has led to extreme abuse by many wealthy corporate special interests, and individual millionaires and billionaires, to put excessive amounts of funding into negative campaigns against liberals and Democrats, and to fund right wing extremist campaigns for legislation they want, and for conservative candidates they desire.

And loosening the enforcement of voting rights by states has allowed many states to place new voter restrictions on poor people, minorities, young people, and the elderly, making voting an onerous process, and in effect, working for voter suppression, which apparently had an effect in the 2016 Presidential election in some states, and for sure, in Wisconsin, one of the crucial states that gave Donald Trump the victory by a very small margin of votes.

The undermining of American democracy is in full swing, and the fear is that we have just seen the tip of the iceberg in regards to Republican and conservative repression of much of the law and legislation, and the election process itself, in the future, with the ability of Donald Trump and the Republican Party to “fix” the future, one of moving backwards by a century or more in so many respects.

Trump Voter Fraud Commission An Attack On Voting Rights, Clear And Simple!

The Trump Voter Fraud Commission, set up and headed by Kansas Secretary of State Kris Kobach, who is infamous for promoting voter suppression tactics, has become a total failure, as 44 states refuse to comply with all of the information that the commission is asking the states to provide.

Trump wants this commission, because he cannot accept that he lost the popular vote by 2.85 million to Hillary Clinton, and claims that millions of illegal immigrants voted, with absolutely no such evidence of this crazy theory.

What Trump is trying to do is a clear attack on voting rights, and an attempt to cut millions off the voter rolls, so that Trump can have less opposition for a reelection campaign in 2020.

The fact that all but a few states refuse to cooperate is a good sign, as we now have a situation in which the stares are the progressive forces, against a right wing reactionary federal government headed by Trump cronies.

This is the precise opposite of the 1960s, when we had southern states, including Mississippi and Alabama most notably, but others as well, that worked to undermine civil and voting rights, and were forced into compliance by the federal government.

There are those conservatives who believe in states rights when it is convenient, but now want that to be ignored when it comes to states and cities protecting the environment; and also law abiding immigrants, even if they may have overstayed their time as a visitor, or entered illegally, but have led law abiding lives for decades in this nation, and should not face deportation, as the Trump Administration is pursuing, to the outrage of millions of Americans!

The 4th Of July In The Trump Era: America Has Lost Its Way!

Today is the 241st anniversary of Independence Day, declared in 1776.

America was a great experiment in being a republic, and over the nearly two and a half centuries since, America ended slavery; opened its arms to scores of immigrants from all over the world; expanded the right to vote to all citizens over time, no matter what race, religion, nationality, or gender they were; promoted a social safety net; and expanded public education to all.

The Constitution was expanded to face modern realities; and both major political parties, the Democrats and the Republicans, contributed to the advancement of tolerance and justice and equal opportunity; and the Supreme Court became a body that dealt with expansion of civil liberties and civil rights.

There were many detours along the road to today, but overall, progress was made, and a sense of optimism reigned.

And then, September 11 occurred, and the nation’s politics veered from one viewpoint to another and then to what is now present, a dark view of our nation, its people, and the world.

We live in the Trump era, which is in process of delaying, deleting, and destroying so much progress that has been accomplished in the 20th and early 21st centuries.

We are seeing race, religion, ethnicity and gender being used in an abusive manner to take away basic civil liberties, civil rights, common decency, and a sense of civility.

We are seeing the wealthy becoming the most stratified group in American history, and the middle class, created in the 20th century, destroyed, and the poor being treated in a shabby fashion.

One political party, the Republicans, has become the party of negativism, hatred, prejudice, and pure nastiness, and we have seen the shift of the Supreme Court toward a hard right conservatism that brings back memories of the Gilded Age Supreme Court.

It is as if we are in a time warp, and have reverted to 140 years ago!

So while we celebrate our national holiday, we have a lot to mourn, and it MUST make all of us determined to fight and resist with all our abilities combined, to resolve this crisis in a constitutional manner, with the removal of Donald Trump from the Presidency, as a tyrant and authoritarian figure who has met his match with our Constitutional remedy!

Most Significant Issue Of Entire Campaign: The Supreme Court Future And A Democratic Majority US Senate!

No more important issue is on the plate for this election year than the Supreme Court future, tied into a Democratic Majority US Senate!

The Republicans have made it clear that if Hillary Clinton wins the Presidency, but the Republicans retain the control of the Senate, that NO Supreme Court nominee will be confirmed, and in fact, not even considered in hearings.

This is totally unacceptable, and cannot be allowed to occur for the next four years, as effectively, that is destroying the whole purpose of the separation of powers and constitutional government!

The Supreme Court has been Republican majority since 1972, and finally, the tipping point to a Democratic and more progressive/liberal Court is in the offing.

Such issues as the following could end up before the Court in the next four years:

Abortion
Affirmative Action
Campaign Finance
Class Action Suits
Climate Change
Contraception
Gun Rights
Immigration Reform
LGBTQ Rights
ObamaCare
Redistricting
Unions
Voter ID Laws
Voting Rights