Clarence Thomas

Supreme Court Issues Surprising Decision On California Prisoners: Release 30,000 Inmates Within Two Years!

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The Supreme Court, in a surprise decision by 5-4, ordered California yesterday to release 30,000 inmates in its prison population due to improper care and attention to the medical and mental problems faced by many prisoners.

Justice Anthony Kennedy, the swing vote on the Court, again surprised people in that he joined the four liberals–Stephen Breyer, Ruth Bader Ginseberg, Sonia Sotomayor, Elena Kagan–in arguing that the living conditions of many prisoners were unacceptable under the 8th Amendment’s banning of “cruel and unusual punishment”!

The case, Brown V. Plata, drew an oral condemnation from Justice Antonin Scalia, and an equally scathing written attack by Justice Samuel Alito, and Justice Clarence Thomas and Chief Justice John Roberts also joined the minority.

California, in the midst of a horrible economic crisis, will need to find solutions within two years, and possibly gain an extension, and can utilize new construction, out of state transfers and utilizing county facilities to resolve the issue. Otherwise, up to 30,000 inmates could be unleashed on the general population, a security issue of horrifying proportions if it actually comes to be!

While the future seems grim, Justice Kennedy can be applauded for recognizing the concept of human dignity and a minimal condition of medical care and basic sustenance, and Kennedy has long been a critic of long and harsh sentences.

Realize that not all of the inmates of California state prisons are murderers or rapists, as many are in prison on drug convictions, and there have been laws in California requiring a three strikes concept that puts a prisoner under a life term, no matter how small the infractions on later legal issues.

Key solutions that will arise over the next few years under Governor Jerry Brown will be financing, meaning the need for more taxes to support keeping more people in state prison; making sure that violent criminals do not walk the streets in the future; and overcoming recidivism by promoting real job training and mental health intervention to assist parolees in finding work and going straight, rather than returning to prison through a “revolving door”!

It is clear that America has never been very good at promoting change in felons, whether younger or older. The tendency has been to “throw the keys away”, but in reality, that is not a solution long term, and we must work as a nation on improving the odds of prisoners learning from their incarceration, and hopefully not having to return to prison after having created new victims!

The Westboro Baptist Church, The Supreme Court, And Free Speech

Ronald 2 Comments

What the author feared would happen has indeed occurred!

The Supreme Court of the United States has, by an 8-1 vote, decided that the hateful, anti gay Westboro Baptist Church of Topeka, Kansas, headed by the Reverend Fred Phelps, and consisting of about 50 people, almost all his relatives, have the right to disrupt military funerals of soldiers killed in Iraq or Afghanistan to protest the fact that gays have rights, and that America is going to the devil because gays are allowed to exist in America!

The fact that a military funeral is a time of mourning and stress for those connected to the dead soldier apparently had no effect on the Court, except for Associate Justice Samuel Alito, who, somewhat surprisingly, was the only dissenter.

So the Westboro Baptist Church can continue its evil deeds and disrupt funerals and promote hate, and the right of privacy of funeral attenders, including the family of the deceased, does not matter!

This despicable group not only has done this dastardly deed to families of soldiers, but also were present at the funeral of the nine year old girl murdered when Congresswoman Gabrielle Giffords was seriously wounded in Tucson, Arizona in January. The only difference there was that a large group of sympathizers of the parents of the young girl formed a wall of resistance to these characters, and kept them much further away from the funeral procession.

This is not, in the author’s mind, freedom of speech, or freedom of religion, or freedom of assembly. To call the Westboro Baptist Church a church is a mockery of the whole concept of religion!

All decent people will deplore this decision, and be embarrassed that Ruth Bader Ginsberg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined with Chief Justice John Roberts, Clarence Thomas, Antonin Scalia, and even the ultimate swing vote, Anthony Kennedy, in writing this reprehensible decision!

This is not a victory for free speech, but rather a victory for hate, and insanity, and lack of respect for the dead, and lack of patriotism regarding the military, who sacrifice themselves every day in far off lands!

Surprising, but the author must commend Samuel Alito for having the courage to go against the tide, a man that the author has not highly admired. So I salute Alito for his brave stand for decency!

The Koch Brothers And Supreme Court Justices Antonin Scalia And Clarence Thomas

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Charles and David Koch are billionaire brothers who are against environmental regulations and any government regulation in any area of the economy, and they have a close relationship with Associate Justices Antonin Scalia and Clarence Thomas of the Supreme Court.

Both Justices attended a conference sponsored by the Koch brothers and were paid expenses, and the Citizens United Case which allows unlimited corporate political contributions was the result in January 2010, which had a dramatic effect on the midterm elections this past November, leading to the addition of 63 new seats in the House of Representatives for the Republican Party.

Now Thomas is being asked to recuse himself from any Supreme Court review of the Health Care law passed last year, as his wife is involved with a pressure group working to undermine the law, along with the Koch brothers trying to overturn the law as well.

The Supreme Court is becoming a center of conflict of interest, and really a high level of corruption, as both Justices Scalia and Thomas are arrogant and have no sense of propriety in their behavior. When on the Supreme Court, Justices are supposed to avoid conflicts or influences that may poison or pollute the whole concept of fair justice.

Thomas and Scalia need to change their behavior, or they bring the reputation of the Supreme Court down into the gutter! 🙁

The Obama Health Care Legislation Under Attack! It Could Stand Or Fall On Justice Anthony Kennedy’s Decision! :(

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The Obama Health Care legislation has come under severe attack from federal district court judges in Virginia and now Florida, with the Florida judge declaring the entire act unconstitutional! 🙁

26 states have petitioned the courts to undermine the legislation, and the purpose seems to be to destroy the entire law, even the parts that any sane person would support, such as keeping children on to age 26, ending a lifetime ban on coverage over a set amount, allowing a company to drop coverage once someone becomes sick, and preventing coverage for the millions of people with pre-existing conditions!

To think that a piece of legislation could be negated by a body of unelected, unaccountable judges, instead of an elected body of legislators is, to say the least, very disconcerting! 🙁

It is now obvious that the legislation will come up for review by the Supreme Court during the election campaign of 2012. And it is assumed that Justices Scalia, Alito, Thomas and Chief Justice Roberts will vote against it, and that Justices Ginsberg, Breyer, Sotomayor, and Kagan will support it, leaving Justice Kennedy with the swing vote, as is often the case.

Years ago, conservatives complained that the Supreme Court is really the Kennedy Court, as his vote decided most cases by a 5-4 vote, and there was anger when Kennedy went with the liberals on the court on several cases, including Lawrence V. Texas, the gay rights case in 2003.

However, in recent years, Kennedy has more often joined the conservative side than the liberal side, so indeed the future of the health care law may hang on what he, a singular human being, determines is constitutional! 🙁

The Supreme Court Image Being Destroyed By Inappropriate Actions By Three Of Its Membership! :(

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The Supreme Court of the United States is the final arbiter of the Constitution, and its members have a responsibility to pursue appropriate behavior in statements and actions outside of their direct work on the Court.

But now we are witnessing totally unprofessional, unethical behavior and open bias on the Court by its three most conservative members: Antonin Scalia, appointed by Ronald Reagan in 1986; Clarence Thomas, appointed by George H W Bush in 1991; and Samuel Alito, appointed by George W. Bush in 2006!

All certainly have a right to their views of the Constitution, but all three have by word or deed acted inappropriately, and in so doing, have undermined the image and respect of the Court, which is so crucial for its continued stature.

Never in history have we seen Supreme Court Justices be so openly political! 🙁

Justice Scalia allowed himself to be exploited by the Tea Party Movement and Congresswoman Michele Bachmann of Minnesota, in agreeing to speak about the Constitution at an openly political meeting on Capitol Hill. This is not the role for a Supreme Court Justice, as also it is not appropriate for him to speak before conservative groups and attack liberal doctrines, as for instance claiming that women and gays are not protected by the Constitution in an interview published in a legal magazine. How can he be seen as being objective and open minded when cases on such matters come before the Court in the future? Should he come into cases with preconceived notions? 🙁 The answer is NO! 🙁

At the same time, Justice Thomas also openly speaks his mind in public events, even though he never asks questions in oral arguments. Additionally, his wife, Virginia Thomas, has been openly involved in Tea Party and conservative causes, including the group Liberty Central, which benefited from the Citizens United Case last January, allowing corporations unlimited rights, for the first time in a century, to contribute to and fund political causes.

Finally, Justice Alito openly mouthed “not true”, when President Obama criticized the Citizens United Case in his State of the Union address a year ago, and has spoken before conservative fundraisers, as has both Scalia and Thomas.

The dignity and prestige of the Court are at stake, as the Court becomes politicized, not part of the purpose of the Founding Fathers, when they decided we needed a Supreme Court in Article 3 of the Constitution, and in the passage of the Judiciary Act of 1789.

The Evolving Supreme Court: The Dynamics Of Nine Human Beings Working Together!

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The Supreme Court has undergone a lot of change in the past five years, with four appointments to the Court.

George W. Bush appointed John Roberts as Chief Justice and Samuel Alito as an Associate Justice, while Barack Obama chose Sonia Sotomayor and Elena Kagan as Associate Justices.

Roberts has certainly made his impact as Chief Justice, and has become controversial because of his activism, which contradicts his testimony that he believed in “stare decisis”, the role of precedent in deciding whether to accept past Court decisions. Instead, Roberts has become a confrontational Chief Justice, including criticizing President Obama for attacking the revolutionary Citizens United Case of January, 2010.

Alito seemed to be quieter, but this year, he openly objected to Obama’s criticism of the Citizens United Case, and is now regarded as an outspoken conservative firebrand in the same vein as Roberts, meaning that the four conservatives on the Court are very aggressive in their advocacy. No one would ever accuse Antonin Scalia or Clarence Thomas as being “wallflowers” in their activist views, even though Scalia claims to be an advocate of “originalism”, interpreting the Constitution based on the actions of the Constitutional Convention of 1787.

But the liberal side of the Court has also been much more outspoken. Associate Justice Ruth Bader Ginsberg, now the oldest member of the Court, is certainly willing to express her views, and Justice Stephen Breyer is seen as the intellectual leader of the liberal wing of the Court.

But even the newest Justices are making clear their liberal tendencies. Justice Sotomayor is seen by the New York Times as “guiding” the liberal wing. Sotomayor spoke up for prisoner rights, with a challenge by Justice Alito.

And Justice Elena Kagan has joined Sotomayor in what is described as a subtle shift of the Court, with Sotomayor more passionate and Kagan as a “bridge builder”, but yet seen as strengthening the liberal wing. Kagan is seen as having the ability to draw Anthony Kennedy, the truly independent member of the Court, to consider her side of the issue, much like John Paul Stevens used to be able to do that in his latter years on the Court.

What this all means is that the Supreme Court is in constant readjustment of nine human beings, with evolution of the dynamics fascinating to watch and to evaluate on a regular basis! 🙂

What If The Republicans Had Won The Presidency And Control Of Both Houses Of Congress In 2008? :(

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Let’s just imagine for a moment that the Republican Party had won back both houses of Congress in 2008, and that John McCain and Sarah Palin had become President and Vice President on Inauguration Day, January 20, 2009.

How would the United States be different?

1. There would be no movement toward health care coverage for more than 30 million Americans.
2. Credit Card reform would not have occurred.
3. Student Loan reform would not have become law.
4. Wall Street reform would not have been passed in any form.
5. The domestic auto industry would be gone, except for Ford Motor Company, causing miilions of job losses, both direct and indirect.
6. Unemployment would be closer to 17 percent, instead of 9.8 percent, as there would not have been any economic stimulus.
7. Two Supreme Court nominees, much more like Antonin Scalia and Clarence Thomas, would be sitting on the bench.
8. Major Food Safety legislation would not have become law.
9. The end of “Don’t Ask, Don’t Tell” for gays in the military would not have happened.
10. John McCain would have been hostile and antagonistic toward the news media to a greater extent than even Richard Nixon, displaying his anger and fury on a regular basis.
11. Sarah Palin would have made so many errors in statements and actions that people would have longed for the days of Dan Quayle as Vice President.
12. There would be growing concern about the possibility of Sarah Palin as President, were John McCain to have a health crisis, reminding many of the fear of Dan Quayle when George H W Bush had a health crisis in office.
13. Relations with the rest of the world would be far more confrontational, nationalistic, and belligerent.
14. Open war with Iran and Pakistan, adding to the wars in Iraq and Afghanistan, would have been likely.

There are other scenarios to imagine and to discuss, but is not the above enough to make one want to wake up from this NIGHTMARE? 🙁

Justice Antonin Scalia And Separation Of Powers Seminar To Congressional Conservatives Headed By Michele Bachmann: An Egregious Conflict Of Interest! :(

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Minnesota Congresswoman Michele Bachmann, one of the most controversial members of the House of Representatives, one of the leaders of the Tea Party Caucus in the House, and infamous for outrageous statements and actions and for promoting political confrontations, has now gone beyond the pale.

She has decided that members of Congress should take “courses” on the Constitution, the Declaration of Independence, and the Bill of Rights, all designed to promote the “conservative” interpretation of these sacred documents.

Anyone serving in Congress should be expected to KNOW these documents by heart, and should NOT be promoting a distorted view of these documents, as Michele Bachmann and her ilk have been doing for years already! And to allow the Tea Party Movement, with its distortion of history and reality, to be the so called “cosponsor” of this series of seminars is even more outrageous!

But it gets worse, as Associate Justice Antonin Scalia, the most conservative member of the Court in the past hundred years, and a promoter of “originalism”–the concept that every legal decision should be based only on 1787 and the Constitutional Convention, with no consideration of modern times or changes in the 223 years since 1787–has agreed to give the first seminar on “separation of powers”!

Does not Justice Scalia realize that “separation of powers” means just that, and that therefore, it is inappropriate for him to be trying to influence or in any other way involve himself with actions of the legislative branch? 🙁

The Supreme Court is supposed to be non-political in nature, but apparently if a conservative such as Scalia wishes to be political, that is alright. And if Justice Clarence Thomas’s wife wishes to become involved in a pressure group that could theoretically have an influence on future cases before the Court, that apparently is fine! 🙁

But imagine if Justices Stephen Breyer, Ruth Bader Ginsberg, Sonia Sotomayor, or Elena Kagan were to lecture to a liberal Democratic group or advocate a modernist view to people on Capitol Hill, you can be assured there would be moves to impeach them as having violated “separation of powers”!

This is the double standard, the hypocrisy, of conservatives, Republicans, and the Tea Party Movement, who all claim to be “holier than thou”, when they are engaged in clearcut violations of the Constitution by what they are doing, and what Justice Scalia has agreed to do!

But then, Justice Scalia, as brilliant as he is recognized to be, is also an extremely arrogant man! That sums it up! 🙁

Virginia Thomas: The Clarence Thomas Supreme Court Controversy Revived By A “Loose Cannon”! :(

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Associate Justice of the Supreme Court Clarence Thomas has been on the Court for 19 years, charting a consistently conservative course, and showing very little ability to grow beyond his narrow views, expressed by his statement when he was confirmed that he would stay on the Court longer than any Supreme Court Justice in history to “confound the damn liberals” who he felt had tried to derail his nomination!

Thomas, appointed by President George H. W. Bush in 1991, to replace retiring liberal Associate Justice Thurgood Marshall, the first African American on the Court, became enmeshed in a controversy over charges of Anita Hill, an African American woman who worked for him at the Equal Employment Opportunity Commission, that he had sexually harassed her during her employment at that agency.

The accusations led to testimony by both Thomas and Hill before the Senate Judiciary Committee, and it set up a very embarrassing situation, in which senators and the public took sides, with many believing Thomas’s denials, and others believing Hill’s accusations.

Thomas was confirmed 52-48, the closest vote for a Supreme Court Justice in the 20th century, but he continued to feel bitterness and anger about the situation, and in his memoir written in 2007, he vented about it.

Now his wife has revived the matter, by leaving a phone message at the office of Hill, a law professor at Brandeis University, asking her to consider an apology to her husband, and to explain why she accused Clarence Thomas of sexual harassment, and nearly derailed his Court nomination. Hill handed over the information to campus police and they notified the FBI, because of concern that it might be a prank.

Virginia Thomas is obviously a “loose cannon”, and has become controversial as the head of a right wing lobbying group, Liberty Central, connected to the Tea Party Movement. Some have wondered if what she engages in is a conflict of interest, considering her husband’s position on the Supreme Court!

She does not seem to care about her image, and her contacting Anita Hill, is proof of it, and one has to wonder if she consulted her husband before making the phone call to Anita Hill.

Of course, Anita Hill made it clear no apology is forthcoming, because what she claimed happened back in the 1980s REALLY happened, a view the author has always held since the beginning!

It is perfectly clear that Virginia Thomas has a grudge, and rather than consider that her husband may have covered up the truth, as many believe, she instead revives the controversy, which frankly is better forgotten, with Thomas imposing his reactionary views on the Supreme Court for a generation, and unfortunately, probably for an equivalent period in the future, and in the process, holding back progress and undermining constitutional law! 🙁

The Final Punishment Of “Birther” Orly Taitz Over Frivolous Lawsuit!

Ronald 1 Comment

The Supreme Court did a great deed today when they rejected “Birther” Orly Taitz’s appeal of a $20,000 fine for her frivolous lawsuit in federal court over her contention that President Barack Obama was not born in the United States, but rather in Kenya!

Taitz has been the most egregious promoter of hate and deception by her ridiculous lawsuit, which wasted a lot of taxpayer money, and was finally rejected!

Taitz was fined for her misbehavior and outrageous language, and appealed to Associate Justice Clarence Thomas, who rejected it, and then it was sent to the entire Court by Associate Justice Samuel Alito, so as to end the case for good!

The Court dismissed the suit, and that puts the issue to rest, except in the sick minds of Taitz and other “Birthers” who refuse to accept the reality that Obama was born in Hawaii!

At least, Taitz is being punished in having to pay the fine, and if she continues to attempt to disrupt federal courts by her misbehavior, a prison term would be very appropriate! Hopefully, she will finally shut up and go back to dentistry, although the author cannot imagine anyone wanting to have their teeth examined or treated by this nutcake whacko woman, who herself is an immigrant! 🙁 Unbelievable! 🙁