Clarence Thomas

Alabama And Gay Marriage: The Shame Of Roy Moore, Clarence Thomas, And Antonin Scalia

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So Alabama becomes the 37th state to see gay marriage in effect, and it is to the shame of Alabama Chief Justice Roy Moore, and Supreme Court Justices Clarence Thomas and Antonin Scalia, that they will go down in history as hateful, divisive jurists who use Christianity to justify their hate and defile Jesus Christ at the same time.

Moore is the controversial top jurist in a state which still has the shame of being the center of civil rights controversies, including the bombing of a church in Birmingham which killed four young black girls; the use of police dogs, tear gas and high pressure water hoses against peaceful civil rights marchers in Birmingham; the spectacle of Governor George Wallace standing in the door of the Registrar’s Office at the University of Alabama to try to prevent two black students from registering for classes; and “Bloody Sunday” in Selma, Alabama, when police attacked peaceful demonstrators on the Edmund Pettus Bridge, shocking Americans who could not believe what was happening, over what was the push for voting rights.

Fifty years later, the spectacle of the leading jurist in the state of Alabama, ordering legal authorities in the state to refuse to grant same sex marriage licenses, is a mockery of the rule of law, and of obedience to federal courts and the Constitution. And to see Supreme Court Justices Clarence Thomas and Antonin Scalia make a public denunciation of their colleagues on the Court, refusing to stop gay marriage until the Court decides in June on this matter, is a rearguard action by two Justices who are a disgrace to the Court, and has displayed constant conflict of interest in their dealings with the Koch Brothers and others who they should steer clear of. It is a clear indication of the incompetence and arrogance of these two right wing Justices, the most right wing members of the Court in the past hundred years, and a disgrace to the Court’s history with their narrow mindedness and intolerance!

And the idea that Christianity is brought into this by Moore, and indirectly by Thomas and Scalia, is a mockery of a religious doctrine, which distorts the true teachings of Jesus Christ, a man who promoted tolerance, open mindedness, and understanding!

“Selma” Film Brings Back Memories Of Bloodshed And Deaths Over Voting Rights, As We Look At Crippled Law Due To Supreme Court!

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Watching the “Selma” film, which has been nominated for Best Film in the Oscar Awards competition, one is reminded of the turmoil, bloodshed, and deaths that occurred over the issue of voting rights in the South a half century and more ago.

The Voting Rights Act, which became law exactly 50 years ago, was designed to prevent any more such denial of the right to vote, but the right wing Supreme Court, including African American Associate Justice Clarence Thomas, changed the effectiveness of the law two years ago, causing new voting restrictions in the past two years in Republican controlled states, and not just in the South, but also in the heartland of the nation, the Midwest and Great Plains States, and even some Western states.

Shelby County V. Holder made it possible once again to create barriers to voting, and the battle for voting rights has new challenges, which already has had an effect on voting in the midterm elections of 2014.

But seeing this film about the Selma to Montgomery march fifty years ago, motivates those who believe in fairness and democracy, to do whatever can be done to restore the purpose of what those people who died or were injured then did, a sacrifice that should not be forgotten!

Supreme Court Accepts Same Sex Marriage Case: The Final Push For Marriage Equality Has Arrived!

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The Supreme Court has finally accepted a same sex marriage case, to be argued in April, and decided by the end of June!

This will be a blockbuster case, coming at a time when 36 states already allow gay marriage, and the final push for marriage equality has finally arrived!

While there is no guarantee that the Supreme Court will rule in favor of same sex marriage, it is hard to conceive of the Court rejecting it at a time when all but 14 states have accepted it, as the momentum is clearly in favor of acceptance.

Beyond that, the odds are good that at least five members of the present Court would support it, enough to bring it about, but it would be desirable if the vote was greater than that thin margin.

Associate Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, all Democratic appointments of Bill Clinton and Barack Obama, are seen as assured votes.

Ronald Reagan appointee Anthony Kennedy is the typical “swing” vote, and has supported gay rights in the past, and most particularly, in the case of Lawrence V. Texas in 2003, so it is expected he will go the same direction again.

But there is a chance that Chief Justice John Roberts could join the majority, and some observers imagine that Samuel Alito could join, also.

And even some think that Clarence Thomas and Antonin Scalia, seeing the handwriting on the wall, might join and make it unanimous, which would be the most fantastic situation imaginable!

Imagine the extremist Christian Right bigots, and conservatives and Republicans, and how they will, figuratively, commit suicide if the Court rules in favor of same sex marriage!

It will transform the Presidential Election of 2016, as how could any Republican nominee come out and condemn the Court, and run on some crazy idea that he would lead a movement to overcome the Supreme Court decision?

Just the thought that many Republicans, including those running for President, will be squirming in public, is a source of delight, as human rights wins out once again!

Justices Scalia, Thomas, Alito MUST Go!

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Three members of the Supreme Court live in their own parallel world of the Founding Fathers and the Gilded Age and the 1920s, and refuse to consider modernization as a factor in their judicial judgments!

Antonin Scalia, appointed in 1986 by Ronald Reagan; Clarence Thomas, appointed in 1991 by George H. W. Bush; and Samuel Alito, appointed in 2006 by George W. Bush are a team of three, which has worked against gender equality,racial equality, fair treatment to immigrants, and gay rights, among other modern controversies.

Often, Chief Justice John Roberts joins them, and sometimes, but less often than Roberts, Justice Anthony Kennedy also joins to make a right wing five on the Court.

But Roberts and Kennedy have also taken stands with the four liberal justices on the Court lately–Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

It is time to demand that Justices Scalia, Thomas, and Alito adjust to modern times, or else leave the Court, and there is a dire need to have a constitutional amendment to limit the terms of all federal judges at all levels, to promote open mindedness and diversity, and allow for change after, at most 18-20 years!

The Supreme Court Of 2014 Most Right Wing Since Early 1930s!

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The Supreme Court has been controversial at different times in its history, but the present Court of 2014 is considered the most right wing Court majority since the early 1930s!

Since the Warren Court, which began in the 1950s, we have never had such conservative Justices as we have now.

Three of the present Justices are among the most conservative ever to sit on the Court, including Justice Antonin Scalia, Justice Clarence Thomas, and Justice Samuel Alito.

If one adds former Chief Justice William Rehnquist and former Associate Justice Lewis Powell, we have the five most conservative Justice since 1953, a period of 60 years.

Not much behind is Chief Justice John Roberts and Associate Justice Anthony Kennedy, both capable of surprises in their votes and rulings, but still most of the time joining Scalia, Thomas, and Alito.

These seven named Justices were all picked by Republican Presidents–two by Richard Nixon; two by Ronald Reagan, plus his promotion of Rehnquist to the Chief Justiceship; one by George H. W. Bush; and two by George W. Bush.

But also, Republican Presidents have selected Justices who turned out to be quite moderate, and even sometimes liberal, including Chief Justice Earl Warren and Associate Justice William Brennan by Dwight D. Eisenhower; Chief Justice Warren Burger and Associate Justice Harry Blackmun by Richard Nixon; John Paul Stevens by Gerald Ford; Sandra Day O’Connor by Ronald Reagan; and David Souter by George H. W. Bush.

Since 1953, Republicans have controlled the White House for 36 years, while Democrats have had control for 25 plus years, and that has caused the right wing tilt of the Court, which could have been even more so, if not for the surprises presented by the seven “less” conservative, and some “quite liberal” Justices listed in the above paragraph!

So the Republicans have chosen 17 of the past 25 Justices since 1953, with John F. Kennedy picking two, but one (Byron White) turning out to be conservative, and Arthur Goldberg leaving the Court after only three years, due to the urging of Lyndon Johnson that he become United Nations Ambassador. Johnson selected Abe Fortas to replace Goldberg, but he stayed on the Court for only four years, and left the Court under the cloud of scandal. The first African American Justice, Thurgood Marshall, would go on to serve as a champion liberal for 24 years from 1967 to 1991.

Jimmy Carter would have no appointments to the Court in his four years in the White House, the only such situation in the 20th century, and one of only four Presidents to have had no appointments, but the only one to have a full term in the Presidency. The other three Presidents were William Henry Harrison (one month); Zachary Taylor (16 months); and Andrew Johnson (almost a complete term, but so unpopular that the Senate would not confirm any Court appointments in his time in office).

Bill Clinton selected Ruth Bader Ginsburg and Stephen Breyer; and Barack Obama has chosen Sonia Sotomayor and Elena Kagan as his appointments, so far, on the Supreme Court. So note that out of the eight appointments by Democrats in the Presidency, three have been women; five have been Jewish; one has been African American; and one has been Puerto Rican, with only Byron White being a typical white Anglo Saxon Protestant.

The question has now arisen whether Ginsberg, and maybe even Breyer, should retire, and guarantee that Obama could replace them, with the concern that the Senate might go Republican in November, making any Court appointment nearly impossible due to gridlock and stalemate. There is also fear that were the Republicans to win the White House in 2016, which is highly unlikely, that then the Court would be ever more right wing reactionary than it already is.

It is a calculated gamble for Ginsburg and Breyer to remain on the Court for now, but it is not uncommon for Justices to retire at very advanced ages–such as Blackmun at 85 and Stevens at 90!

So do not expect that either will retire, but with a good chance of Democrats retaining the Senate majority in 2014, or regaining it on the back of the Democratic Presidential nominee’s expected major victory in 2016!

The Supreme Court Has Gone Too Far!

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The majority Republican Supreme Court, an unelected body that acts often as if they are outside of any concern about public opinion, has simply gone too far, in ruling that a corporation is not only a person, and therefore unlimited corporate donations are permitted, but also a corporation can limit access to birth control and contraception on its health care plan, based on the “Christian” values of its owners!

Also, the Court has worked to weaken public labor unions, and set out to undermine voting rights in the South and Midwest, leading to mass violations of voting rights, and new voter limitations for poor people.

This Court has gone amuck, demonstrating that it is involved in a war on woman, labor, blacks, and immigrants, all while being extremely pro corporation and pro religion, when we have separation of church and state as part of our basic constitutional beliefs!

The Court majority is promoting a religious oligarchy of powerful, wealthy corporate leaders, and this will motivate women, workers, blacks, immigrant groups, environmentalists and people of both genders who care about social justice and equality to become politically active and vote in November!

If the people do not react, they will get what they deserve–a government of, by and for the top one percent!

The Senate must remain Democratic for future Court appointments, and the Presidency must stay in the hands of the Democrats, in order to prevent conservative activist nominees in the future, such as Antonin Scalia, Clarence Thomas, and Samuel Alito represent.

It is likely there will be three to four nominees for the high Court by 2020, so Democrats must have control, but to do that, the people must react to these outrages of the Supreme Court!

Commemoration Of Mississippi “Freedom Summer” Fifty Years Ago!

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Fifty years ago, the Mississippi “Freedom Summer”, including thousands of northerners, white and black, who came to Mississippi to register black voters, in a state which was the absolute worst in race relations, and in many ways still is even now, was marked by the death of three civil rights workers–James Chaney who was black, and Andrew Goodman and Michael Schwerner, who were New Yorkers, Jewish, and students at Queens College in Flushing, New York, my alma mater, and where I was attending at that time.

Tonight, PBS has a two hour “American Experience”, detailing the horrors of Mississippi in 1964, very close to Nazi Germany in its mentality. The documentary portrays the sacrifices and dangers faced by the Civil Rights Movement, occurring just as the Civil Rights Act of 1964 was passed and signed into law. The following year, the Voting Rights Act was passed, in commemoration of the reality of so many barriers, including intimidation of blacks who wanted to vote, including the threat to take away their jobs, force them out of their homes, or even starve them!

When one thinks of what the Republican Party in the South now is doing to cut down the black vote, to deny them the right as if there was no Voting Rights Act, it causes great outrage! And the fact that the Supreme Court has weakened the law, as if there is no need to enforce it, when it is clear that bias still exists in the South, and even elsewhere, is enough to infuriate fair minded people! And finally, the fact that Clarence Thomas, the only black member of the Court, and a beneficiary of affirmative action, sees no need for enforcement of the Voting Rights Act, and has turned on his own race, it is truly maddening!

The Schizoid Supreme Court: All Based On Moods Of John Roberts And Anthony Kennedy!

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It is clear that the Roberts Supreme Court is a schizoid body, sometimes doing what is right, and sometimes going totally wrong!

So the Roberts Court upheld the Affordable Care Act; gay marriage; and environmental regulations now–all attacks on states rights in these areas.

But at the same time, they have opened up the political system to corruption by billionaires with recent decisions; have weakened the Voting Rights Act; and have damaged affirmative action, believing that civil rights no longer is a major problem, just as we realize the extent of racism that still exists in America, despite having an African American President!

It all comes down to the mood of Chief Justice John Roberts and Associate Justice Anthony Kennedy. as the votes of Antonin Scalia, Clarence Thomas, and Samuel Alito, are extremely predictable, based on their own lack of ethics in their business dealings, and their close association with the Koch Brothers, creating a conflict of interest.

If things were legitimate, Justices Scalia and Thomas, in particular, would be facing impeachment and removal from the Court, as they have demonstrated that they are the most obstructive Justices of the past century, only matched by Chief Justice William Rehnquist, but with an argument that they are more right wing than Rehnquist ever was!

The Dangers Of The Supreme Court Run Amuck In Favor Of Wealthy And Corporations!

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The Supreme Court is totally out of control, with its new decision on having no limits on campaign spending by wealthy donors, added on to the Citizens United Case of 2010, and the limitation of voting rights in a 2013 decision.

Chief Justice John Roberts has solidified a five member GOP majority to destroy all attempts to prevent corporate and wealthy people from controlling the political system, an effort pursued from the time of Theodore Roosevelt a century ago through Senator John McCain and Senator Russ Feingold in the 1990s and early 2000s.

That is all for naught now, and shows the dangers of a runaway, reckless, right wing radical Court!

This is what made Thomas Jefferson, Andrew Jackson, Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, and Barack Obama criticize Court power, along with progressive reformers including Senator Robert La Follette of Wisconsin, Senator George Norris of Nebraska, Senator Russ Feingold of Wisconsin, Senator Paul Wellstone of Minnesota, and Senator Bernie Sanders of Vermont!

This is the result of 13 Supreme Court nominees since 1960 by Republican Presidents, to only 8 by Democrats, and with two of those Democratic appointments (Arthur Goldberg by John F. Kennedy and Abe Fortas by Lyndon B. Johnson), only lasting three and four years respectively.

Of course, Republican appointments of Harry Blackmun by Richard Nixon; John Paul Stevens by Gerald Ford; Sandra Day O’Connor by Ronald Reagan; and David Souter by George H. W. Bush, turned out to be major surprises in their rulings, but we also ended up with some of the most reactionary and right wing radical appointments in all of American history with the appointments of William Rehnquist by Richard Nixon and the elevation of Rehnquist to Chief Justice by Ronald Reagan; Lewis Powell by Richard Nixon; Antonin Scalia by Ronald Reagan; Clarence Thomas by George H. W. Bush; and Samuel Alito by George W. Bush. The appointments of Chief Justice Warren Burger by Richard Nixon; Anthony Kennedy by Ronald Reagan; and Chief Justice John Roberts by George W. Bush, have been more of a mixed bag, sometimes good, and sometimes horrible in its effect on constitutional law!

Meanwhile, John F. Kennedy selected a mostly conservative Justice Byron White; Lyndon B Johnson selected Thurgood Marshall; Bill Clinton selected Ruth Bader Ginsburg and Stephen Breyer; and Barack Obama selected Sonia Sotomayor and Elena Kagan, but sadly, their influence in the last four of the five names listed, has been mostly in being the opposition, sometimes vehement in nature!

The effect on the future of American democracy is massive, with this right wing Court majority, and the only hope is the eventual retirement of Scalia and Kennedy, and hopefully, continuation of a Democratic Senate and President for the rest of the decade, so that the Court changes direction in the future!

The Future Democratic Party Majority On The US Supreme Court

Ronald 3 Comments

When one looks at the Supreme Court in recent decades, it is clear that it has been a conservative Supreme Court, dominated by Republican appointments, and it has shown in such decisions as the Citizens United Case of 2010, and the partial repeal of the Voting Rights Act in 2013, along with numerous other such cases tilted to the right side of the political spectrum.

So for progressives and Democrats, it has been a difficult time, wondering how the Supreme Court can be returned to the glorious era of the Warren Court and Burger Court from 1953-1986.

But there is the reality that the Supreme Court’s future for the Democratic Party and progressivism is very bright over the next decade, assuming what seems highly likely, that Hillary Clinton, Joe Biden or some other Democratic Presidential nominee will have the electoral college advantage for 2016, and likely for the following 2020 Presidential election.

If indeed the Democrats keep the White House beyond 2016, time and age will turn the Court into a majority Democratic Party appointed Court for sure!

History tells us this fact: If a party keeps control of the White House for an extended period of time, the Court becomes more than ever reflective of that political party.

So, for example, from 1933-1953, we had 20 years of Franklin D. Roosevelt and Harry Truman in the White House, and a total of 13 Supreme Court appointments, all by these two Democratic Presidents, helping to shape the future Court, with a few “liberal” appointments by Republican President Dwight D. Eisenhower (Earl Warren and William Brennan), insuring a continuation of that trend.

But it can be said that from 1953-2013, sixty years of history, the Republicans held the White House for a total of 36 years to the Democrats’ total of 24 years.

In those 60 years, the Republican Presidents made 18 appointments to the Supreme Court, to the Democratic total of just 8 appointments, more than a 2-1 majority. While Republican appointments included Warren, Brennan, Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, and David Souter, all quite liberal appointments, even so it still meant that 12 Republican appointments were quite conservative or VERY conservative, so the Supreme Court represents a strongly Republican flavor.

But now, we have four aging Supreme Court Justices–Ruth Bader Ginsberg (80 this year), Antonin Scalia (77 this year), Anthony Kennedy (77 this year), and Stephen Breyer (75 this year), and to believe that by 2020, that any or all of these members of the Court will be still serving, seems quite unreasonable, as they would be ranging between 82 and 87 by the year 2020!

And Justice Clarence Thomas, although claiming he will stay on the Court for 43 years, until age 86, would be 72 in 2020, and Samuel Alito would 70 in 2020.

No one is saying that either Thomas or Alito will have left the Court, but if the four elderly Justices have left, they would all be Democratic Party appointments if the Democrats keep the White House, highly likely, and that would mean SIX of the nine members of the Court would be Democratic appointments, including Sonia Sotomayor and Elena Kagan.

Only Thomas, Alito, and Chief Justice John Roberts would be Republican appointments in the year 2020 under this scenario!

So, for Democrats and Progressives, there is hope for a very different Court over the next decade and beyond!