Antonin Scalia

Supreme Court DNA Ruling An Attack On Privacy Rights

Ronald 27 Comments

In a very disturbing decision, the Supreme Court on Monday, by a 5-4 vote, allowed for police to collect DNA samples whenever anyone is arrested, seeing it as equivalent of photographs and fingerprints, and allowing its collection in a national data base.

The combination of those in favor included Anthony Kennedy, who wrote the majority decision, along with Clarence Thomas, Samuel Alito, and Chief Justice John Roberts , and surprisingly, Stephen Breyer.

The four in opposition were Ruth Bader Ginsberg, Sonia Sotomayor, Elena Kagan, and surprisingly, Antonin Scalia.

The attack on constitutional rights is alarming, and the Court majority seems to have no problem with that! Again, very disturbing!

Momentous Supreme Court Month Coming Up: Gay Marriage, Affirmative Action, Voting Rights Act Cases To Be Decided

Ronald 1 Comment

The United States Supreme Court is entering its last month of the present session, and as usual, is leaving its most blockbuster decisions to the last weeks of its term.

Every June is momentous on the Supreme Court, as for instance, the upholding of the Obama Health Care Plan last June.

But this June is possibly more crucial when looking at history, as well as the issue of civil rights and civil liberties!

The most important cases are on Gay Marriage, Affirmative Action, and the Voting Rights Act of 1965.

With so much at stake, with 13 states having legalized gay marriage, and more to come in the next year, it would be wonderful if the Supreme Court went the whole distance, as it did in Loving V. Virginia on interracial marriage in 1967. It would be a major victory for civil rights and civil liberties, and stop the right wing attempt to fight gay marriage dead in its tracks! The hate mongering would go on, but if the Court ruled that two men or two women can be married, it could not be overcome by religious extremists by law!

Affirmative Action has been in effect since 1972, and remains highly controversial, but is now in danger or being ended as a method to promote the advancement of minority groups and women.

The Voting Rights Act, first passed in 1965, and renewed in 1982 and 2006, is now in danger of being curbed or ended, on the false basis that the record of Southern and other states on voting rights in the past no longer applies, but that leaves open the possibility of new voting rights violations in the future.

It is assumed that there are four votes on the Court to uphold all three cases–those of Ruth Bader Ginsberg, Stephen Breyer, Sonia Sotomayor, and Elana Kagan.

It is also assumed that three votes to prevent gay marriage and end affirmative action and the Voting Rights Act are certain–those of Antonin Scalia, Clarence Thomas, and Samuel Alito.

It would be a major surprise if any of these seven votes ended up differently.

The two “swing” votes are those of Chief Justice John Roberts, who has become somewhat unpredictable after, surprisingly, backing ObamaCare last June; and Associate Justice Anthony Kennedy, the true “swing” vote alone, since Sandra Day O’Connor left the Court seven years ago.

Will Kennedy side with the liberals on the Court on all three cases? It seems highly unlikely at this point, but a good bet on gay marriage at the least, but the Court could choose to decide that case in a very limited manner, not an all encompassing decision.

We shall see on all three cases very soon!

No Matter What Supreme Court Decides On Gay Marriage, Republican Party Is On Wrong Side Of History!

Ronald 29 Comments

The Supreme Court may decide to deal with the issue of gay marriage in a very narrow sense, rather than a broad sense, due to the possibility that Antonin Scalia, Clarence Thomas, and Samuel Alito may influence Chief Justice John Roberts and Associate Justice Anthony Kennedy to join their side, as they do about 70 percent of the time.

But no matter what happens, the Republican Party will suffer, since the momentum of history is moving the nation toward acceptance of gay marriage, with young people having no problem accepting it, and senior citizens, a majority of whom oppose it, soon to be gone from the scene. And the Republican Party officeholders caving in to their conservative evangelical Christian base will marginalize them very soon.

It is interesting that Republicans NOT in office, more than 100 of them, have endorsed gay marriage, while only Ohio Senator Rob Portman has been willing, among Republican officeholders, to back the concept. So such hate mongers and extremists as Bryan Fischer, Gary Bauer, Ralph Reed, and Tony Perkins hold undue sway over the party, and the effect will be that the GOP will be unable to compete on an even basis for the Presidency and the Senate, although they may be able to hold on to the House of Representatives, due to gerrymandering which helps to set up rural districts that will continue to resist cultural change.

But again, in the long run of history, the Republican Party is painting itself into a corner, and burning their bridges behind them, as the population changes and social attitudes become more tolerant.

“Don’t Drone Me, Bro”—The Self Destruction Of Rand Paul AND Ted Cruz!

Ronald 2 Comments

When Republican Senator Rand Paul of Kentucky spoke yesterday at the first day of the Conservative Political Action Conference, a supporter yelled: “Don’t drone me, Bro”, referring to Paul’s 13 hour filibuster demanding an answer from President Obama that he would never use a drone on an American citizen on American soil, a stunt which gave Senator Paul a lot of attention, and led to his promoting the idea of the likelihood of his Presidential candidacy in 2016.

Meanwhile, Texas Senator Ted Cruz showed just what a bully, and an arrogant, overbearing person he is, making himself very unpopular even among fellow Republican Senators with his loony absolute interpretation of the Second Amendment, and showing lack of respect for Senator Diane Feinstein, who lived through the carnage of the murder of San Francisco Mayor George Moscone in 1978. The fact that even Justice Antonin Scalia has stated that there are limits to the Second Amendment does not phase Senator Cruz, as he fancies himself to be a “constitutionalist”!

Both of these Republican Senators fancy that the nation is ready for their looniness—Paul, the libertarian, who wants to bring about a utopian world of little government in people’s lives; and Cruz, using Joseph McCarthy type demagogic techniques to create turmoil and mistrust, and also to throw a “firebomb” as a method to grab for more power and influence!

Both Senators are upstart freshmen, who are showing total ignorance and total disrespect for the institution of the Senate, and their style and methods are designed to promote their own ambition, but will have the effect over time, if not fought bitterly by sane elements, to destroy the Republican Party and its long, much of the time, respectable history and leadership!

The nation is NOT going to accept either Senator Paul or Senator Cruz as their Commander in Chief, as they both, in different and competing ways, are promoting anarchy and chaos in the political arena, and are both VERY dangerous!

Supreme Court Bitterly Divided Over Possible Curbing Of Voting Rights Act: A Repeat Of The Compromise Of 1877 Abandonment Of African Americans!

Ronald 6 Comments

It is clear that the Supreme Court is bitterly divided over the Voting Rights Act, which is hanging in the balance after the oral arguments this week, with Justices Sonia Sotomayor and Elena Kagan strongly challenging Justice Antonin Scalia, who said the act was a “racial entitlement”, which demonstrates that Scalia has no understanding of the history of the denial of voting rights, and the need to continue to monitor what those states that have discriminated are now doing.

The Republican Party abandoned African Americans on this day in 1877, when they agreed to the Compromise of 1877, making their candidate for President, Rutherford B. Hayes President, despite the clear cut lead of Democrat Samuel Tilden in popular votes. Part of the deal was for the GOP to stop being the party that had advanced civil rights through two laws during Reconstruction, the creation of the Freedmen’s Bureau, and the passage of three amendments to the Constitution.

The southern states went ahead and continued a policy of discrimination for the next ninety years on voting, and imposing Jim Crow segregation, and the GOP, the majority party until 1932, did nothing about it, due to the deal set up in the Compromise of 1877.

After ninety years, finally, voting rights, supposedly guaranteed under the 15th Amendment, but not enforced, were restored under the Voting Rights Act, but not before civil rights marchers were beaten up, such as Congressman John Lewis of Georgia, and others slaughtered in the name of promoting civil rights in the South.

But along comes Antonin Scalia, who conveniently forgets that even Jews, and also Italians such as himself, were lynched in the South in the near century in which African Americans were denied their basic rights, including voting.

And he wants the Court to become “activist”, when that is precisely what conservatives claim they hate about the Supreme Court. And so therefore, to hell with the overwhelming vote of the Congress to extend the Voting Rights act in 2006, and let’s wipe out all progress and return us to the states “deciding” if any group can vote, instead of “guaranteeing” the right to vote, the basic element of democracy!

So just as the Compromise of 1877 brought us a President who had NOT won the popular vote, and followed through on taking the GOP out of its civil rights activism, so now, two appointments of another President, George W. Bush, not elected by popular vote, and instead put in by a partisan Republican Court including Scalia, shall repeat history and deny Africans Americans the guarantee of the right to vote granted in the 15th Amendment in 1870!

Associate Justice Antonin Scalia And “Entitlement” To Voting Rights: An Outrage!

Ronald 10 Comments

Associate Justice Antonin Scalia, who has been on the Supreme Court for 27 years now, has become a literal nightmare with so many inappropriate, arrogant statements on and off the Court in the past few years!

His latest outrage was in oral argument on the Voting Rights Act today in the Supreme Court, when he stated that the Voting Rights Act was a “racial entitlement”!

In so stating, he demonstrated that he has learned nothing about past racial discrimination and denial of the right to vote, which necessitated passage of that law in 1965!

With the record of many Republican states, particularly in the South, infamous for past discrimination and Jim Crow segregation laws when they were Democratic states, moving to make it more difficult to vote, as with Florida and Governor Rick Scott as just one example, how can anyone justify getting rid of the requirement of accountability on voting law changes by the federal government?

Voting should not be an “entitlement”, as it is a right that all Americans over the age of 18 should have, and no voter ID laws should be used to disenfranchise anyone, or require a 102 year old woman to have to wait six hours to vote in Florida or anywhere else!

Sadly, the Republican majority Supreme Court is likely to knock down the Voting Rights Act, which will stain the court of Chief Justice John Roberts, if it happens. Roberts’s reputation, improved by his support of ObamaCare last June, rides in the balance of what happens on this, as well as the gay marriage and expansion of the Citizens United cases that are before the Court!

It also could be argued that Scalia may be showing signs of instability at his age of 77 next month, and it will be a great day when this most right wing member of the Court in nearly a century finally retires from the Court at some point in the future!

Robert Bork, Controversial And Rejected Supreme Court Nominee, Dead: Brings Back Memories And Reflections On Effect On Supreme Court

Ronald Leave a comment

Twenty five years ago, President Ronald Reagan nominated Robert Bork, former Solicitor General and Acting Attorney General under President Richard Nixon, as an Associate Justice of the Supreme Court. His death was announced today by his son.

Bork had become controversial for firing Special Prosecutor Archibald Cox during the Watergate Scandal, as ordered by President Nixon. But he also became controversial for the judicial viewpoint known as “originalism”, which contended that judges and Justices should always interpret the Constitution solely on the basis of what the Founding Fathers enunciated in the 18th century, and not consider changing times in their decisions.

This alarmed progressives, liberals, labor supporters, African Americans, women, environmentalists, and others who saw him as a threat to progress on race and gender, and also on privacy rights, including abortion and contraceptives, of which he vehemently was on record as an opponent of such rights not contained in the original Constitution. Ted Kennedy and Joe Biden became major critics, and his nomination became a massive controversy, and made it that future Supreme Court nominees would be examined with a “fine tooth comb”, making them less willing to be as forthcoming as Bork was in the Senate Judiciary Committee hearings.

Bork also believed in no limitation on police rights, and thought evolution should not be taught in public schools as fact, therefore promoting fundamentalist religion as part of the curriculum of schools. He was confrontational in his approach, giving as good as he received in the pursuing debate. He displayed no problem with the growth of monopolies, and had no interest in the rights of gay men and women.

After a bitter battle, he was rejected, and this affected the future Court, as Anthony Kennedy became the new appointee the following year, and now after almost 25 years on the Court, has become in recent years the “swing” vote on many cases, therefore having a major impact on constitutional law.

Do not forget that Kennedy’s vote on Gay Privacy rights, in Lawrence V. Texas in 2003, transformed the gay rights movement, and it is thought likely that his vote will call for the allowance of gay marriage when the cases presently before the Court come up for consideration in March, and decision in June!

There is no way that Robert Bork would have been a “swing” vote on the Court, and might very well have been MORE conservative and right wing than either Antonin Scalia or Clarence Thomas have turned out to be, so it was a great moment when Bork, with his radical right agenda, wishing to turn back the decisions of the Earl Warren and Warren Burger Courts that expanded individual rights from the 1950s through the 1980s, was soundly rejected!

Associate Justice Antonin Scalia Compares Gay Marriage To Murder! Totally Reprehensible!

Ronald Leave a comment

Supreme Court Associate Justice Antonin Scalia has never hidden his ideological agenda on the Court, any more than Associate Justice Clarence Thomas.

Both men, the most ideologically right wing of the past century, are clear in their prejudices and biases, and desire to bring America back to the 18th century, the time of the Founding Fathers, and the much promoted concept of both Justices known as “originalism”

The fact that the Founding Fathers included slave owners, treated women as second class citizens, and did not trust the masses of citizens so as to give them the vote for President or the US Senate, and limited the right to vote for white males to those who owned property in that time period, does not have any effect on either Scalia or Thomas.

If it was up to them, nothing would have changed, despite the fact that Italian Americans, such as Scalia, and African Americans, such as Thomas, were not considered human beings by most of the WASPS who dominated American government, and mistreated both ethnic groups well into the 20th century! The fact that Scalia is the first ever Italian American Justice, and that Thomas is the second ever African American Justice, seems not to have made them pause and realize the nature of progress and change!

So we know the narrow mindedness of both men, but to have Justice Scalia, who claims to be a great intellectual, and loves himself publicly, to compare gay marriage and gay rights to the horrors of murder, makes one think he is losing it completely, and needs to announce his retirement from the Court this coming June, after being in the hateful minority with Thomas on discrimination against a group, gay Americans, which has suffered more hate and prejudice than any other group in the history of the world, simply because of their sexuality, when that is none of anyone’s business!

If it is alright to have interracial marriage, or marriage between Catholics and Protestants, or Christians and Jews, all groups which have had to fight for their rights to marry, then it is alright to have two men or two women who love each other and wish to commit their lives to each other, to marry and have the benefits and security of marriage, and no prejudice, bias or hate should be allowed to get in the way of their commitment!

Scalia looked like a fool when answering the question of gay Princeton University freshman Duncan Hosie, who demonstrated great courage and dignity in his approach to Scalia, in front of a large audience.

No one is claiming that any person is free of prejudice and personal opinions, but it is totally inappropriate for a member of the Supreme Court to be so openly hostile and antagonistic as Scalia is on gay rights and gay marriage, and his behavior gives license to religious freaks and other hate mongers to continue to encourage actions and violence against gay Americans, and their and his behavior is therefore, morally reprehensible!

The REAL Issues Of 2012 That Are Being Ignored In The Presidential Campaign

Ronald Leave a comment

If one follows the Presidential campaign of 2012, one would think that ONLY the economy matters.

YES, the economy matters, but the newest jobs report demonstrates that this nation is on the mend, and that over the next Presidential term, the economy will recover, with some experts saying that up to 12 million jobs will be created, whether Barack Obama or Mitt Romney wins the White House on Tuesday.

Others would say the danger of Iran is the major issue, but even on that, it is clear that both Obama and Romney would react similarly to an actual Iranian attack on Israel or any other part of the Middle East.

So the REAL issues are not the economy or Iran!

Instead, they are the following, although ignored in campaign rhetoric:

Climate Change or Global Warming—the reality of it, as demonstrated yet again by Hurricane Sandy, and the need to take the lead in moving away from oil and coal as the major energy resources. But, of course, Republicans and conservatives deny the reality of this threat, and the oil and coal industries do everything they can to protect themselves at the expense of the nation in the long run.

Gun Violence—as demonstrated by what happened so many times in the past few years, including Tucson, Arizona in 2011 to Congresswoman Gabrielle Giffords; the mass murders in the Aurora, Colorado movie complex in 2012; the constant murders in cities such as Chicago, often ignored because the victims are African Americans; and so many other cases. And again, the Republicans and conservatives fight any type of gun control, and allow the National Rifle Association to hold America hostage.

Education—the dire need to promote more people attending and graduating four year colleges and universities. Many would say that having a four year degree does not guarantee that one gets the job he wants or needs. While that is true, the unemployment figures make clear that those with a four year degree or more have an unemployment rate under FOUR percent, while those with less education or dropping out of school have an unemployment rate of TWELVE percent! Is there any evidence other than this to convince parents and children of the urgency of getting an education through a four year degree? And besides, there are intangibles other than just getting a degree for a job, such as improving one’s basic skills of reading, writing, and speaking, and improving one’s mind and knowledge; making one a better person in social situations and parent situations; and raising people up from ignorance, conspiracy theory beliefs, and over reliance on religious doctrine, which unfortunately makes many people unwilling to reason for themselves, and just accept gospel as absolute fact. And of course, Republicans and conservatives argue against extra funding and assistance for education, and would prefer to lean on organized religion to “control” the masses, keep them ignorant, and willing, therefore, to accept ideas without questioning or challenge!

The Supreme Court—not understood by many for the important role it plays, and will continue to play, and the urgency of having a President who will select nominees who wish to look to the future, and not the past, and prevent regression politically, socially, and economically back to the Gilded Age and the 1920s. The Republicans and conservatives and Mitt Romney want more Antonin Scalias, Clarence Thomases, and Samuel Alitos, to insure that we go backward for the next 30 years! So the election of Barack Obama is urgent for the future of constitutional law and the preservation of the advancements of the Earl Warren and Warren Burger Supreme Courts.

These issues mentioned above SHOULD be understood before people, who have not voted before Tuesday, vote for our next President, and the best decision for any sane individual is to vote for the candidate who represents a willingness to deal with the future, President Barack Obama!

Scott Brown Vs. Elizabeth Warren: The Key Senate Race Above All Others!

Ronald Leave a comment

Massachusetts Republican Senator Scott Brown is engaged in the most combative Senate race of all against Harvard Law Professor Elizabeth Warren for the Senate seat held for nearly 47 years by Ted Kennedy.

Brown won a surprising victory in the special election in 2010 to succeed Kennedy for the rest of his term, and is the only Republican to represent the state of Massachusetts, which has an all Democratic House delegation, a Democratic Governor, and a dominant Democratic majority in the state legislature.

Brown has had a difficult course to follow, and has tried to come across as moderate, like Maine Senators Olympia Snowe and Susan Collins, but he has voted over 90 percent of the time with his party, and has refused to back President Obama on almost anything he asked for, including jobs legislation, and is now acting very aggressively against his opponent, who worked with Obama, and helped to start the Consumer Financial Protection Bureau, although GOP Senate opposition prevented her from running this new agency, so she decided to run for the Senate. Brown has come across as in bed with Wall Street, gaining a lot of financial support from top banking and corporate interests.

Elizabeth Warren is an inspiring candidate, who clearly is for the middle class and the poor, and comes across as a hero of progressives, who supports the DREAM Act, which Brown is against, and is clearly a strong Obama supporter who would fight for progressive causes in the manner that Ted Kennedy did for so long!

Their second debate last night in Massachusetts demonstrated that Brown is ready to use rhetoric in a way that is divisive, including his derision of Warren as being a professor who may control her students but not him; saying she is not native American because of her appearance despite her assertions that she is; allowing his staff to make fun of native Americans publicly; and making clear that he considers her a left wing extremist not in the mainstream, as he claims he is. When he said that Antonin Scalia was his favorite Supreme Court Justice, then swung to Anthony Kennedy, John Roberts, and finally Sonia Sotomayor, the audience seemed to turn against him.

The debate brought up the issue that if Brown is reelected, he could decide a Republican majority in the Senate, and would have a dramatic effect on Supreme Court appointments of the next President, and would certainly NOT, based on his record and his rhetoric, be following in the tradition of Ted Kennedy!

This race is crucial to the future of the Obama Presidency in so many ways, and with Obama certain to win the state of Massachusetts, the hope is that he will have adequate coat tails to carry Warren into the Senate as his champion, and have Warren join Bernie Sanders and others in promoting the progressive agenda over the next four years!