Chief Justice John Marshall

Clarence Thomas Soon To Be Second Longest Serving Supreme Court Justice In American History!

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In October 1991, Clarence Thomas became the second African American Supreme Court Justice in American history, appointed by President George H W Bush, replacing the retired Thurgood Marshall, appointed to the Court in 1967 by President Lyndon B. Johnson.

Thomas had a highly contentious Supreme Court nomination battle, as he was accused of sexual harassment in the workplace by Anita Hill, a turning point which led to Thomas’s embitterment, and his life’s commitment to use his anger and fury in every way possible to undermine constitutional law, with his quest to promote “textualism” and “originalism”.

Thomas has been on the Court now for more than 34 years, and on Wednesday October 25, he will surpass the most famous and influential Justice in American history, Chief Justice John Marshall (1801-1835) in longevity, and be fourth all time in service.

And in early May, he will surpass Justice John Paul Stevens (1975-2010) and Justice Stephen J. Field (1863-1897) in longevity, and rank second all time in service, only behind Justice William O. Douglas (1939-1975).

If Thomas stays on the Court for two more years, he will be the top of the list of longevity in late May, 2028.

His impact on constitutional law has been massive, seen as mostly negative by a majority of constitutional and legal scholars, and many of his law clerks have ended up appointed by Republican Presidents George W. Bush and Donald Trump to Federal District Court and Federal Circuit Court lifetime appointments.

In many ways, Thomas’s appointment by George H. W. Bush may have had the longest and greatest impact of any action taken by the 41st President!

Supreme Court Finally Upholds The Constitution, And Rebukes Donald Trump On Tariffs!

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After acting totally submissive toward Donald Trump in his first year of his second term, finally the Supreme Court majority, including two Trump appointees—Neil Gorsuch and Amy Coney Barrett, along with Chief Justice John Roberts and the three Democratic women justices–have delivered a solid rebuke to Trump on the subject of protective tariffs.

This is long overdue, as the Court has developed a reputation as the most extreme right wing Court in a century, and Chief Justice Roberts presides over a majority which usually has no desire to challenge executive power of the President.

This dangerous trend, hopefully, will continue to be challenged in future cases, particularly on birthright citizenship rights, which are contained in the 14th Amendment to the Constitution, ratified after the Civil War.

Donald Trump does not care about the reality that protective tariffs are a disaster, as they were in causing the Panic of 1893 and the Great Depression of the 1930s, because Republican Presidents Benjamin Harrison (prodded on by future President William McKinley’s promotion of high tariffs) and Herbert Hoover stubbornly imposed them on the American people, destroying the economy.

With the economy not doing well, despite Trump’s delusional statements, this repudation of Trump’s tariffs should be seen as a blessing by him, as well as the American people.

But instead, Trump is railing against his own Republican Justices who have “defied” him, and one wonders how it will show up in his State of the Union Address next Tuesday.

Will he openly condemn Roberts, Gorsuch, and Barrett in his speech, or will he be diplomatic and maybe just lightly tease them?

This should be a very interesting moment of confrontation between the Supreme Court members who show up and the President of the United States!

It reminds one of past clashes of Presidents and Supreme Courts, including under Thomas Jefferson and Andrew Jackson with Chief Justice John Marshall; Abraham Lincoln with Chief Justice Roger Taney; Franklin D. Roosevelt with the majority conservative Court and Chief Justice Charles Evans Hughes during the New Deal; and other controversies involving Theodore Roosevelt, Harry Truman, Richard Nixon and Barack Obama and Supreme Court decisions!

The $175 Billion raised in tariffs this past year were a financial burden on the American consumers, and should be returned to the American people with a refund per taxpayer of $1700, as suggested by Illinois Governor JD Pritzker. However, it seems that Trump has no concern of the damage done to the average American, while constantly engaged in grift for personal gain, having enriched himself in the past year, a crime against the Constitution!

Donald Trump “Worship” Of Andrew Jackson And WIlliam McKinley!

Ronald 15 Comments

Donald Trump has, through his words and actions, indicated a “worship” of two Presidents, both of whom became engaged in controversial actions.

The 7th President, Andrew Jackson (1829-1837), was a clearcut racist who thought native Americans were subhuman, and defied the Supreme Court under Chief Justice John Marshall, in the case of Worcester V Georgia (1832), that upheld Cherokee Indian rights to their ancestral lands in Georgia.

That 1832 case led Jackson to announce defiance of the Court, and state that John Marshall and the Supreme Court had made its decision, now let them enforce it!

The result was the forced removal of thousands of native Americans to Oklahoma, infamously known as “The Trial Of Tears”, between 1830 and 1838, after passage of the Indian Removal Act of 1830.

About 15,000 native Americans were killed or died from disease during this forced removal, where about 60,000 native Americans, of five tribes—Creek, Choctaw, Chicasaw, Cherokee, and Seminole–were forced to “Indian land” in Oklahoma, which after a half century and discovery of oil, led to white settlement, taking away much of that territory from native Americans.

The 25th President, William McKinley (1897-1901), became infamous for having promoted the McKinley Tariff of 1890, making for very high tariffs on foreign goods, a factor in the worst economic downturn of the 19th century, the Panic of 1893, which was not overcome until the second year of the McKinley Presidency in 1898.

McKinley also is remembered for having promoted imperialism and expansion, including the gaining of Hawaii by joint resolution in 1898, and going to war with Spain, and gaining control of Puerto Rico, Guam, and the Philippines, and a “sphere of influence” over Cuba, giving the US an “Empire”, and new markets for industrial goods produced by corporations in their quest for new markets for their goods.

And the US fought a three year “guerrilla war” against the Philippines, who wanted independence after being liberated from Spanish control, but instead were forced to be a colony until after World War II in 1946, an event known as the “Filipino Insurrection”, mostly ignored in teaching of American history to students!

Trump is now pushing protective tariffs on all nations, and is now advocating American expansionism by considering retaking control of the Panama Canal; suggesting Canada become the 51st state; making clear his desire to gain control of Greenland from Denmark; and suggesting that the US take over the Gaza Strip in the Middle East and force removal of the 2 million Palestinians to Egypt and Jordan.

So Trump is guided by the worst policies of two of his predecessors in the White House–Andrew Jackson and William McKinley!

Chief Justice John Roberts At A Crossroads

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Chief Justice John Roberts is only the 17th person to be Chief Justice.

He has been Chief Justice for 19 years by September, and will be the fourth longest serving Chief Justice at that point, already surpassing the average tenure for a Chief Justice, with the major exceptions of John Marshall (1801-1835) and Roger Taney (1836-1864)), and also Melville Weston Fuller (1888-1910).

Roberts worries, rightfully, about the reputation of the Supreme Court, as it is named after the people who hold the position of Chief Justice.

While a definite conservative, Roberts has tried to promote a rational center on the Court, but that has become much more difficult with the extreme rightward swing of the Court since Donald Trump made three appointments in his one term of office.

The feeling is that Roberts has lost any sense of control or ability to influence his colleagues.

There clearly are major splits on the Court, and Roberts has the difficult job of showing he can lead, or allowing Clarence Thomas and Samuel Alito to dominate the Court.

It is hoped that Roberts, quietly, behind the scenes, has convinced the Trump appointees to tame the influence of Thomas and Alito, as otherwise, the reputation of the Court and his own historical reputation will lie in tatters.

This will be demonstrated when the Court finally makes its fateful decision this week on Presidential immunity, and the majority of the Court desperately needs to get this case right, or else, the American experiment in democracy will be in long term crisis!

70th Anniversary Commemoration Of Brown V Board Of Education!

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The single most significant Supreme Court decision of the 20th century occurred exactly 70 years ago on May 17, 1954, when the Supreme Court, in an unanimous 9-0 decision, declared segregation in public education was unconstitutional, reversing the segregation decision in Plessy V Ferguson of 1896 after 58 years.

The fact that Chief Justice Earl Warren (1953-1969) was able to gain unanimous support on this case, including Southern members of the Court who were comfortable with segregation, is what made Earl Warren the greatest Chief Justice after John Marshall (1801-1835).

It also makes one very downcast and depressed at what has happened at the Supreme Court in recent decades, particularly since Donald Trump made three right wing appointments to be Supreme Court Justices, adding on to the two Presidents Bush who gave the nation the horrendous Clarence Thomas and Samuel Alito.

Chief Justice John Roberts, also chosen by President George W. Bush, has been a great disappointment, unable to keep the Court balanced, and now containing two Justices totally out of control, arrogant, nasty, abusive, and not concerned about ethics and common decency.

This, along with the attack on DEI (Diversity, Equity, Inclusion), and a reversal of Affirmative Action, has been not only promoted by this right wing dominated Supreme Court, but also by actions of Republican Governors Ron DeSantis of Florida, Greg Abbott of Texas, and a whole slew of other Republican governors nationwide.

This includes working to deemphazize African American history in educational curriculums, working to wipe out all of the advancements of the Civil Rights Movement after World War II for the next few decades.

Action must be taken to reverse this bigoted, right wing extremist agenda, and it begins by insuring Joe Biden wins a second term, and that, somehow, Democrats win the House of Representatives, and retain control of the US Senate.

This is a massive challenge that anyone who believes in fairness, and common decency, must engage in for the future of America as a shining beacon of change and tolerance.

Interesting Survey Of People Honored By US Monuments, From The Washington Post

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The Washington Post has published an interesting survey of people honored by US Monuments, and there are many surprises in the survey.

Eleven Presidents are in the top 50 figures represented in memorials, with George Washington and Abraham Lincoln being the top two of the fifty listed.

Also listed at number 9 is John F. Kennedy; number 10 is Thomas Jefferson; and number 11 is Ulysses S. Grant.

Andrew Jackson is number 15, a three way tie with Theodore Roosevelt and William McKinley.

Dwight D. Eisenhower and Franklin D. Roosevelt tie at 32nd.

Finally, James A. Garfield is in a four way tie at number 47 with three non Presidents.

Interestingly, NOT on the list are such Presidents as Woodrow Wilson, Harry Truman, Lyndon B. Johnson, or Ronald Reagan.

Some religious figures, native Americans, and African Americans (Martin Luther King (4th), Harriet Tubman (24th), Frederick Douglass (29th)) are also represented, as are a number of individuals who are not at all related to American history, including Christopher Columbus, most notably in third place with 149!

Confederate leaders are also represented, including Robert E. Lee, Jefferson Davis, and Stonewall Jackson.

Other well known Americans include the following: Benjamin Franklin at number 8; Alexander Hamilton tied with two others at number 26; and Supreme Court Chief Justice John Marshall in a six way tie at number 41.

The Supreme Court Reputation Reaching An All Time Low

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The US Supreme Court is in a crisis, as its reputation in public opinion polls, and among Supreme Court “watchers”, is reaching an all time low, not matched since the late 1920s and early 1930s.

The Court has never been as right wing in substance as it is now, since a century ago, and even going further back to the late 19th century Gilded Age era.

The Supreme Court’s reputation was glowing in the time of the Warren Court (1953-1969) and even moving forward to the Burger Court (1969-1986), and still having an image of balance in the era of the Rehnquist Court (1986-2005).

This was due to the reality that many Republican appointees to the Court, including the following, avoided hardline conservativism:

Eisenhower–Earl Warren, William Brennan
Nixon–Warren Burger, Harry Blackmun
Ford–John Paul Stevens
Reagan–Sandra Day O’Connor, Anthony Kennedy
HW Bush–David Souter

These eight Justices made a massive difference in enunication of Supreme Court opinions.

Sadly, George H W Bush’s appointment of Clarence Thomas, and George W. Bush’s selection of Samuel Alito, veered the Court far to the right, and Donald Trump’s three appointments—Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett—have continued that trend.

The fact that Thomas and Kavanaugh have been connected to accusations of sexual harassment, and that Alito, Gorsuch, Kavanaugh, and Barrett were chosen by Presidents who lost the national popular vote, and that Gorsuch took a seat that was meant for Barack Obama’s nominee, Merrick Garland, and that Barrett was confirmed for the Court less than two weeks before the national election—only adds to the fury and disgust felt about the Supreme Court!

This has, reportedly, disturbed Chief Justice John Roberts (2005- ), whose historical reputation is being damaged, as he has moved, personally, from being conservative to attempts to create a moderate balance on the Court. Sadly, it is not working, so there are some rumors that he might retire from the Court after 17 years as its leader, as that is about the norm for most of the 17 Chief Justices in Amerian history, with the exception of John Marshall (1801-1835) and his successor, Roger Taney (1836-1864).

That would be a major step forward, to retire, and allow Joe Biden to pick a Chief Justice, which has not happened for a Democratic President since Harry Truman in 1946!

Chief Justice John Roberts Has Lost Control Of The Supreme Court, And His Own Reputation Is At Stake!

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The Supreme Court is in crisis, as its reputation, and that of its leader, Chief Justice John Roberts, is at stake!

It is now the most rightwing Supreme Court since the 1920s and early 1930s, as extremism has taken over an institution which is supposed to be moderate centrist!

Past Chief Justices, including John Marshall, Charles Evans Hughes, and Earl Warren, had the ability to impact other members of the Court, and convince them to work toward moderation!

But John Roberts has clearly lost control of a Court which includes three Donald Trump appointees, with only the first choice, Neil Gorsuch, coming across as lacking in controversy outside of the fact that he became the replacement for Antonin Scalia, instead of Barack Obama’s choice, Merrick Garland!

Brett Kavanaugh has a cloud over his head and reputation as a sexual abuser, much like Clarence Thomas, appointed by George H. W. Bush thirty years ago, and having a deleterious effect on the Court for three decades!

And Amy Coney Barrett is clearly not Justice material, and her extreme religious swing to the far Right has besmirched the memory of Ruth Bader Ginsburg. Had she been still on the Court, she would have prevented the atrocious decision of the Court to back the disgraceful Texas abortion law that now Attorney General Merrick Garland is suing to prevent the loss of a constitutional right for women to control their own bodies!

Is Chief Justice John Roberts On Road To Judicial Leadership Of John Marshall, Charles Evans Hughes, And Earl Warren?

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Chief Justice John Roberts is clearly a conservative on the Supreme Court, but he is also very much aware of and concerned about the turmoil in American society, and concerned about the long term reputation of the Court, as well as his own historical image, since he has a sense of history.

So Roberts has surprised Court watchers in some of his decisions, and he has emerged as the “swing” vote on the Court, as only he can prevent the Court from going so hard to the Right that it will lose its image of being an institution that promotes fairness and equity under the Constitution.

So expect that John Roberts will become a true judicial leader on the level of John Marshall (1801-1835), Charles Evans Hughes (1930-1941), and Earl Warren (1953-1969).

These three Chief Justices, generally acknowledged as the three greatest of the 16 previous Chief Justices before Roberts came to the Court in 2005, all demonstrated courage and principle, and came into conflict with Presidents.

Marshall had to deal with the strong opposition of Thomas Jefferson and Andrew Jackson, while Charles Evans Hughes had Franklin D. Roosevelt challenging the Court during the Great Depression, and Earl Warren steered the Court in a direction not always agreed with by Republicans Dwight D. Eisenhower and Richard Nixon.

Now John Roberts has to deal with Donald Trump, who he has already issued a criticism, when Trump spoke of “Obama Judges”, “Bush Judges”, and “Clinton Judges”, with Roberts asserting there is no such thing as judges based on a President, but rather judges adhering to the Constitution as they see it.

This makes it quite clear to many observers that Roberts is ready to take a more moderate stand than he does typically, as he did in saving the Affordable Care Act (ObamaCare) in 2012.

Expect Roberts to side, if necessary, with the four “liberals” on the Court (chosen by Bill Clinton and Barack Obama), with the constitutional crisis that has clearly arisen, including trying to convince the four conservatives selected by both President Bushes and even the two Trump judges, to consider how the Court was unanimous in curbing President Richard Nixon in the Watergate Scandal 45 years ago, and Bill Clinton in the Paula Jones lawsuit 22 years ago.

It is the Supreme Court that is being looked to as the ultimate government branch to rein in a President far more abusive than Richard Nixon, and to reassert separation of powers and checks and balances.

The Struggle Of Donald Trump With Chief Justice John Roberts More Dangerous Than Earlier Challenges Of Presidents To Supreme Court Chief Justices

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Donald Trump has challenged Chief Justice John Roberts and the Supreme Court, just as he has challenged every other institution of government, but Chief Justice John Roberts seems well prepared to deal with Trump, if and when he gets out of hand.

It is certainly a dangerous struggle, as Donald Trump has an authoritarian bent unlike any earlier President, but it seems clear that Roberts is ready to do what must be done to keep the President within the Constitution.

Earlier in history, there were major confrontations of Thomas Jefferson and Andrew Jackson with Chief Justice John Marshall; Abraham Lincoln with Chief Justice Roger Taney; Franklin D. Roosevelt with Chief Justice Charles Evans Hughes; Dwight D. Eisenhower and Richard Nixon with Chief Justice Earl Warren; Richard Nixon with Chief Justice Warren Burger; and Barack Obama with Chief Justice John Roberts.

But Trump has demanded that the court system favor him in all of his executive orders, and other executive actions, but the Court has refused to back him on a regular basis, leading Trump to say that there are Clinton Judges, Obama Judges, and Bush Judges, but Roberts responding that there are no such descriptions, as all are dedicated to the rule of law, a true rebuke of the President.

On a recent executive order to deny asylum automatically to those who seek it, the Court ruled 5-4 against it, with Roberts joining the four Democratic appointments on the Court, and he has earlier upheld ObamaCare in 2012, and at other times, has sided against conservatives.

It is clear that Roberts sees the Supreme Court as “his Court”, and is concerned about the reputation of the Court long term, so one can be assured that if a case comes up against Trump trying to grab too much power, that he will, likely vote against him, as the entire Court, including three Nixon appointees, voted against him in US V. Nixon of 1974, and when the Court, including two Clinton appointees unanimously voted against Clinton in the Clinton V. Jones Case of 1997.