Citizens United Case

Despite Health Care Ruling, Supreme Court Is Still Out Of Control, And Presidential Election Will Decide If It Regains Confidence Of The American People!

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The Supreme Court came through by the barest of margins on the issue of “ObamaCare” last week, but when one looks at the Court’s radical swing to the right in so many other ways, it is clear that the future reputation of the Court and the long term future of the nation requires the victory of Barack Obama for a second term as President.

By confirming their Citizens United decision again in a case involving Montana state law, and by actions against labor unions and their rights in another case, and in the solidity most of the time of the Republican appointees in rejecting past precedent and tradition, the Court has gained an image of being extremist and confrontational, and lost American public opinion and respect, which is dangerous for our democracy.

Ronald Reagan, George H. W. Bush, and George W. Bush effectively moved the Court away from the political center to the extreme right, and we are suffering the effects of this extremist rightward tilt.

We cannot afford to base the future on Anthony Kennedy SOMETIMES going with the liberal side of the Court, or Chief Justice John Roberts seemingly being concerned about the reputation of the Court. Neither is reliable to keep the Court in the political center, and protect the rights of the powerless.

The only answer is to insure that when the older members of the Supreme Court retire or die while in service on the Court, that we replace them with Justices who have a vision of the country more in line with the reality of the 21st century than the 19th century Gilded Age!

With Ruth Bader Ginsberg, Antonin Scalia, and Anthony Kennedy to be over 80 before the next Presidential term ends, the likelihood is that whoever is President in the next four years will have a transformative effect on the Supreme Court and constitutional law.

The thought of Mitt Romney making those choices is truly terrifying, and will make the Court a right wing extremist influence into the 2040s, totally unacceptable!

Barack Obama will be able to make the Court shift more into the mainstream, preserving the brilliant times of the Warren Court in the 1950s and 1960s, when America advanced constitutionally in so many ways!

What Might Have Been: Chief Justice Samuel Alito!

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In Jully 2005, shortly after Associate Justice Sandra Day O’Connor announced her retirement, President George W. Bush announced John Roberts as his choice as her replacement on the Supreme Court.

The hearings were scheduled for early September, but two days before the hearings began, Chief Justice William Rehnquist died, and overnight, Bush decided to switch Roberts to be the appointee for Chief Justice, and later selected Samuel Alito to replace O’Connor!

The course of history was changed dramatically by this, ever more so now after Chief Justice Roberts authored the majority opinion on the Affordable Care Act, better known as ObamaCare!

Samuel Alito has proved to be a right wing extremist on the Supreme Court, joining with Antonin Scalia and Clarence Thomas, and often called “Scalito” by critics. He also is the Justice who mouthed “not true” after the CItizens United Case decision, when President Obama, in the State of the Union speech a few days later, openly criticized that decision to the faces of the Supreme Court, while the other Justices, including Roberts, sat stone faced, which was the professional way to behave, but not for Alito!

The leader of the Court knows the Court is in his name, and that he must think of history, and Chief Justice Roberts knows that well, and has shown his statesmanship on this health care case, realizing no major decision of the Court since 1937 has repudiated a major social reform law passed by Congress.

Justice Alito is NOT a statesman, far from it, and rather is in many ways a disgrace–a narrow minded, hostile, nasty representative of the agenda of the Far Right, who if he had any ethics, would resign from the Court, but preceded by Scalia and Thomas, the two worst Justices of the past half century on the Court!

The Persecution Of Chief Justice John Roberts Begins: Threats Of 2nd Amendment “Remedies”!

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Chief Justice John Roberts was a true “profile in courage” this morning in siding with the four Democratic appointees on the Supreme Court, and upholding the Obama Health Care law.

Roberts, despite his other shortcomings in the minds of progressives, including reaffirming the Citizens United case in another case involving Montana this week, has shown open mindedness on the immigration issue, and now on the health care issue.

He is concerned about the image of the Supreme Court, trying to avoid making it an overly partisan body, as it was in the Bush V. Gore case of 2000, which seriously damaged the image of the Supreme Court.

Roberts has a sense of history, and two Harvard Law School professors, Laurence Tribe and Walter Dellinger, correctly came to the conclusion that he would do what he did today.

Roberts, appointed by George W. Bush in 2005, has shown growth and great insight, and if he continued along the road he showed this week on immigration and health care, he could rank among the great Chief Justices by the time he retires in the next 20 years or so, considering he was appointed to the Court at age 50.

It would be great if long term, we could say Roberts ranks with John Jay, John Marshall, Charles Evans Hughes, and Earl Warren. He has begun the first steps along that road!

But he will have to bear severe criticism and bitter attacks from Republicans in Congress, and hateful right wing talk show hosts. He should be proud of defying them, and doing the right thing, and being insulated on the Court, he can suffer the attacks without having to comment on them.

But it is sad and scary that some right wing nuts talk about a Second Amendment “remedy”, implying bloodshed and violence against, maybe, President Obama, or Chief Justice Roberts, or really anyone who believes that all Americans are entitled to good health care!

The government needs to step up infiltration of right wing groups who are actively plotting to bring about a Fascist takeover, and are ready and willing, through militia groups, to plot the death of our leaders for having principles and morals and strong beliefs!

Right now, we can pray for the safety and good health of President Obama, Chief Justice John Roberts, and all good people who believe in humanity, social justice, and common decency!

First Hints That Citizens United Case May Not Help GOP Gain Victories! Ohio As A Test Case!

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The first hints that the Supreme Court decision, Citizens United, which allows corporations to spend freely on political campaigns, and billionaires to spend tens of millions of dollars to help their own private interests, is not working, comes with the Quinnipiac polls today, and particularly in Ohio.

The Buckeye state has been essential for every Republican President to win, but Mitt Romney trails Barack Obama in Ohio by 48-39, outside the margin of error!

And Sherrod Brown, the liberal Democratic Senator, is 16 points ahead of Republican Josh Mandel, 50-34!

In both cases, the Republicans have outspent the Democrats, but it is not having an effect!

This is wonderful news, and shows that promoting what is best for the American people can win out over what is good for the elite and the wealthy!

Hopefully, the trend will continue, and lead to a massive victory for Barack Obama in November, and an ability for courageous Democrats, such as Sherrod Brown, to keep their seats in Congress!

The John Roberts Legacy Hanging On Tenterhooks As Health Care Decision Nears!

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Chief Justice John Roberts is reported to be writing the majority opinion for Thursday’s Health Care decision on “ObamaCare”.

Coming on top of his siding with Anthony Kennedy and three liberals on the Court on the immigration case, many observers sense that he and Kennedy will again be in the majority with the four liberals on the Court, and decide in favor of “ObamaCare”.

If Roberts does so, it will transform him immediately into one of the giants of the 17 Chief Justices of the Supreme Court historically.

If he does not do so, he is doomed to a negative role in judicial history, and will be seen by many observers as a failure as a Chief Justice.

The choice is that stark, as this case is the most important since Bush V. Gore, and follows the disastrous Citizens United Case, tragically upheld again yesterday in a Montana case on straight party line and ideology.

Roberts’ reputation is already in trouble, but could be resurrected by an open minded attitude toward health care as covered under the interstate commerce clause.

Roberts, it is said, worries about his and the Court’s reputation, and even if he serves another 20 years, he will never outlive the disappointment and turmoil that will occur if the Court rejects “ObamaCare”.

Since he seems to be a strong believer in federal power, as shown yesterday in the immigration case and the juvenile murderer case, we expect him to come down on the right of the federal government to regulate health care, and require a mandate, a demand that all citizens have health care coverage, if they wish to gain health care when needed, rather than sponging off those of us who have paid for health care.

The actual mandate would be the equivalent of about $15 a week, equivalent of one person having one meal per week at a restaurant, or half a tank of gasoline. Is this too much to ask of all citizens? The answer is NO!

Chief Justice Roberts: We are watching you!

A Reminder: The Supreme Court Determines The Future!

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WIth the Supreme Court term about to end on Thursday, and all of the tumult about the upcoming decision on the Affordable Care Act, and the decisions today on immigration, corporate spending in campaigns, and juvenile sentencing for life terms for murder fresh on one’s mind, it is again important to remember what most Americans don’t even know or realize: The Supreme Court determines the future, more than any part of American government!

A lifetime job, with total freedom to say and do what one wants, is a great power, and we are now suffering from the reality that Ronald Reagan may be dead for eight years, but two of his appointments to the Court (Antonin Scalia and Anthony Kennedy) are still dictating much of what happens in America; George H. W. Bush’s appointee, Clarence Thomas, is not going away anytime soon; and George W. Bush’s two appointments, Chief Justice John Roberts and Associate Justice Samuel Alito, will be around for at least two more decades on the Court, assuming good health!

And now with Scalia and Kennedy being 76, and Clinton appointees Ruth Bader Ginsberg being 79 and Stephen Breyer being 73, it is certain that one to four appointments are likely to be made by the winner of the 2012 election.

Can we afford President Romney shaping a Court that will be to the “right of Attila the Hun?”

It would destroy the chance for fairness, equity, humanity on the Court, and would continue the corporate conquest of American government going on with the Citizens United case, and the new Montana case just decided, that reaffirmed that earlier, disgraceful, decision!

It cannot be emphasized enough that NOTHING matters more than the Supreme Court and the federal circuit judges in this upcoming Presidential election! Economic policy and foreign policy are much less significant than constitutional law!

Obama and his supporters NEED to bring up this issue regularly, and never stop referring to it, with the hope that it will penetrate the brains of the American people!

Justice Anthony Kennedy Still The Key Vote On Supreme Court: 2 Positives, 1 Negative!

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Associate Justice Anthony Kennedy is still the key vote on the Supreme Court, and today batted 2 for 3!

He was part of the majority on the Arizona immigration law, with three out of four of the provisions of that law overturned, but still allowing police officers to check the status of people they stop for any violations.

He was also on the majority side on a case that gave juvenile murderers the possibility of parole from a life sentence.

He was on the wrong side of a Montana case designed to reverse the Citizens United case, a tragic development!

But two out of three is quite good, and there is still hope that he may be in the majority, maybe along with Chief Justice John Roberts, on the Obama Health Care law, when the Supreme Court announces its decision on Thursday, June 28.

The fact that Chief Justice Roberts joined Kennedy in the majority in the immigration case, with Justice Elena Kagan recusing herself because she had been Solicitor General during the time of the passage of the Arizona law, was encouraging to make people believe he might join Kennedy in the majority on the health care legislation. We shall see in three days!

So far, quite good!

The Calm Before The Storm

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If one is a proud progressive or liberal, as this blogger is, it is hard not to be squirming today as one contemplates the likelihood of two major setbacks for the progressive movement in America this week from the United States Supreme Court.

The majority of experts and prognosticators forecast a 5-4 vote against the Affordable Care Act and for the Arizona immigration law restrictions.

Both such events would be terrible setbacks, and hard to overcome in the short run for sure, and probably in the long run as well.

Some say a defeat on the Obama Health Care law would lead ultimately to Medicare for all within a couple of years, and that defeat on the Arizona SB 1070 would lead to comprehensive immigration reform within two years, as well.

But all that only seems possible IF the Democrats win both houses of Congress and the Presidency again in November.

The theory is that two defeats administered by the right wing Supreme Court by 5-4 margins, on top of the Citizens United case and the Bush V. Gore case of twelve years ago would so galvanize the American people, who are progressives, to organize, unify, vote en masse to promote the necessary changes.

But when one considers the great edge financially that the right wing has with billionaires ready to spend hundreds of millions of dollars individually to back Mitt Romney and the Republican Party in Congress, including the Koch Brothers and Sheldon Adelson among others, one has to wonder if even such organization and unity and discipline by progressives will be enough, particularly when added to the active campaigns of Republican Governors to purge the voting rolls, and defy the Voting Rights Act of 1965.

One can hope for the best on all fronts, but it is hard not to be pessimistic and a bit depressed on this Sunday before the storm likely to erupt this week, by a one vote margin created by the outrage of George W. Bush being selected President over Al Gore a dozen years ago, and still reverberating in 2012 and, likely, beyond!

40 Years Since The Watergate Scandal Erupted: Its Long Range Effects

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40 years ago today, the Watergate scandal erupted, as seven “burglars” were caught at the Watergate complex in Washington, DC, inside the headquarters of the Democratic National Committee.

The scandal lasted more than two years before President Richard Nixon was forced to resign, in the midst of an impeachment effort that had succeeded, and would have led to his removal from office had he not resigned.

The events of 40 years ago transformed the Presidency, the news media, the political parties, and Americans’ views of their government.

It has led to investigative media that is ready and willing to expose scandal and evil like never before.

It has led to such partisanship that no President can ever really have a true mandate anymore, and antagonism between the major political parties is at an all time high since the Civil War era.

Most Americans are skeptical of the value and virtues of government, a terrible and tragic event, considering the complex world we live in.

Richard Nixon’s reputation has risen quite a bit since his resignation, as many have realized how tragic his downfall was, as he had actually accomplished a great deal of good, mixed in with the evil events of his Presidency.

Disillusionment with many of his successors in the White House has also helped to make him look “better” in many people’s eyes, but the revelation of new transcripts of the Watergate tapes every year remind us just how dangerous and law breaking the 37th President of the United States actually was.

The need for mental health evaluations of Presidential candidates seem more essential now than ever, considering that there were manifestations of mental illness by Nixon, and instability in behavior by Ronald Reagan and George W. Bush in later times.

The Watergate scandal still fascinates us, as a turning point in American history, on the level of the Civil War and the Great Depression, in its long range impact on the nation.

With the Washington Post reporters Bob Woodward and Carl Bernstein, and the major exposer of the scandal, John Dean, still alive and kicking, Watergate in many ways is still current, but the question is whether the lessons of that scandal have been learned in a time when we are having millionaires and billionaires investing obscene amounts in campaign spending on the Presidential campaign, thanks to the disgraceful Citizens United case of the Supreme Court in 2010.

So in a sense, Watergate is the past, but also part of the present political situation, sadly!

Two Republicans Not In Tune With Party Direction: Jeb Bush And John McCain!

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Former Florida Governor Jeb Bush and Arizona Senator John McCain have complained about the direction of the Republican Party in the past few days.

Bush, certainly a conservative, has questioned the rightward tilt of the party, saying it is a party that his dad, George H. W. Bush, and Ronald Reagan, would have a problem recognizing, and a problem also being nominated by the present GOP.

McCain has been highly critical of the wild spending by billionaires, such as Sheldon Adelson and the Koch Brothers, and the former author of the McCain Feingold law that tried to limit campaign finance, made it clear that he disagreed with the Citizen United decision of the Supreme Court, and believed corporations were not people, a line that Mitt Romney has used in his campaign speeches.

The best thing that could happen is the walloping of the Tea Party Movement and its mentality in the upcoming elections, but there is no guarantee that such will happen, and therefore, there is concern that democracy will decline, with McCain referring to Theodore Roosevelt’s attack on monopolies in big business a century ago, an action totally reversed by the right wing Supreme Court two years ago.

One can long for the “good old days” of a reasonable Republican Party, and wonder if what Jeb Bush and John McCain advocate will ever return to American politics!