Clarence Thomas

Proud Day Of Civil Rights 49 Years Ago, And Now Backtracking On Lyndon B. Johnson!

Ronald 4 Comments

49 years ago today, President Lyndon B. Johnson had his proudest moment in office, signing the Civil Rights Act of 1964, and then following up with the Voting Rights Act of 1965.

Finally, the tragedy of the years after 1877, the end of Reconstruction, was being rectified, 88 and 89 years after African Americans in the South were abandoned by the Republican Party in preference to an alliance with big business and industry committed to economic aggrandizement, and political insensitivity to not only African Americans, immigrants, women, children and even native born men that made up the industrial labor force, exploited until the Progressive Era started to rectify the worst evils of industrial capitalism!

And now, a half century later after Lyndon B. Johnson, it is the Republicans on the Supreme Court who are allowing unbridled capitalism to be seen as “people”, and in the process corrupting the system again, including victimizing all of the groups above, and negating the protection of minorities, the poor, elderly and college students in the states that had a long history of discrimination in voting rights, and now will have open access to do it once again, as if the civil rights era never occurred!

The Supreme Court majority is attempting to negate the Warren and Burger Courts in the great progress they made toward social justice and legal equality for oppressed groups, and this is a tragedy that will continue to emerge until and when Democratic Presidents can select more members of the Court to replace aging Justices, including Antonin Scalia and Anthony Kennedy.

But sadly, the impact of Chief Justice John Roberts and Associate Justices Clarence Thomas and Samuel Alito, the legacy of the two Bush Presidencies, is likely to continue for the long haul, and set back the nation on so many issues over the years to come!

Women On The Supreme Court: Their Impact Is Massive!

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So far, we have had four women on the Supreme Court in its history:

Sandra Day O’Connor (1981-2006), appointed by Ronald Reagan
Ruth Bader Ginsburg (1993- ), appointed by Bill Clinton
Sonia Sotomayor (2009- ), appointed by Barack Obama
Elena Kagan (2010- ), appointed by Barack Obama

All four have had a massive effect on the Court, and made one wonder what it would be like if the Court was made up of only women, which of course will never be the case.

However, the likelihood of more Justices who are women seems bright, and when Ginsburg leaves at some time in the future (with her being 80 years of age), it would seem appropriate to replace her with another woman.

This, of course, did not occur when O’Connor left the Court, and we ended up with Samuel Alito, a sour puss who seems hostile to all three woman Justices, and at the least, shows publicly a lack of respect for them, highly regrettable and in reality, outrageous conduct unbecoming a Supreme Court Justice!

The only hope we can have about the Court is that the women will have an insidious effect and move the conservative men toward understanding issues that affect slightly more than half the population of the nation.

Sadly, at this point, Justices Alito and Clarence Thomas seem unreachable, and so we have a schizoid Supreme Court, arguably one of the most divided in its entire history, and that is bad for the nation, and for confidence in American government!

Two Supreme Court Justices Prove To Be Disasters And Embarrassments: Clarence Thomas And Samuel Alito!

Ronald 4 Comments

It is now clear that the second Supreme Court nominee choices of George H. W. Bush and his son, George W. Bush, have turned out to be disasters and embarrassments to the Court they serve on!

Clarence Thomas was appointed by the elder Bush, and went through a tumultuous Supreme Court nomination battle, centered on sexual harassment charges by Anita Hill, and his confirmation was the closest vote of a successful nominee in decades!

He has proceeded to be an embarrassment, showing bitterness and the desire for revenge, and sullying the memory of the first African American Justice, Thurgood Marshall, who he replaced on the Court in 1991.

And a beneficiary of affirmative action, he has now, just today, compared affirmative action to slavery and segregation, an absolutely crazy comparison!

This man is inappropriate in his behavior in so many ways, including NEVER asking a question during oral arguments, the only Justice in memory to have that unfortunate distinction!

And then there is Samuel Alito, the appointment of George W. Bush in 2005, who mouthed open opposition to Barack Obama’s criticism of the Citizens United Case in his State of the Union Address in 2010, embarrassing himself and the Court!

And Alito, today, mocked fellow Justice Ruth Bader Ginsberg with gestures, including rolling his eyes, shaking his head, and looking at the ceiling. And Alito apparently has a problem with the other women Justices, Sonia Sotomayor and Elena Kagan, showing disrespect for them in open Court. As Dana Milbank of the Washington Post said today, Alito displays “Middle School antics”.

And imagine, Alito could have been the Chief Justice if John Roberts had already begun testimony to replace Sandra Day O’Connor, but before he could, Chief Justice William Rehnquist died, and President Bush decided to switch Roberts to the Chief Justice position, and so Alito replaced O’Connor as an Associate Justice on the Court! Imagine Chief Justice Alito, the sour puss and nasty personality!

So the Bushes made major mistakes in selection of Thomas and Alito, and the Court is stuck with them for many years, beyond the retirement of another conservative, Antonin Scalia, who is more intelligent, and more charming, even if often obnoxious as well!

Two Important Supreme Court Anniversaries On June 13: Miranda Decision And Nomination Of Thurgood Marshall

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On this day, 47 years ago, the Supreme Court made one of its most important decisions in modern times, in the case Miranda V. Arizona, declaring that anyone stopped and questioned as a suspect by police officers must be read his basic rights before any questions are asked. While law enforcement was furious about this at the time, it has become one of the most important expansions of civil liberties in modern times, although one wonders if the Roberts Court would favor it, if a case came up to reverse it, as the Warren Court was a special, unique period in Supreme Court history.

Also, a year later on this day, President Lyndon B. Johnson nominated the first African American Supreme Court Justice, Solicitor General Thurgood Marshall, who went on to a distinguished 24 year career on the Supreme Court as one of its leading liberals. Sadly, he was replaced by Clarence Thomas, who is the direct opposite of everything Marshall believed in, with the only common theme being that Thomas is the only other African American ever to serve on the Supreme Court.

These two events transformed the Court in major ways, and this is an occasion to celebrate both events, as we await major decisions facing the Court in the next two weeks!

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.

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

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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!

Senator Tim Scott Of South Carolina: Just What The Senate Does NOT Need!

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South Carolina Governor Nikki Haley has just announced the appointment of Congressman Tim Scott, who is African American, to replace retiring Senator Jim DeMint, who resigned to become the head of the conservative think tank, the Heritage Foundation.

DeMint was the leader of the Tea Party Caucus in the US Senate, and his replacement by Scott, who is in the vein of defeated one term Florida Congressman Allen West, is in many ways, even worse than DeMint.

Scott is no Edward Brooke, African American Senator from Massachusetts from 1967-1979, who served credibly as a moderate Republican, the first popularly elected African American Senator, and received a Congressional Medal of Honor and a US Mint Medal struck in his honor a few years ago, a medal the author is proud to own. Brooke, now past 90, is a true credit to the US Senate and his race!

Scott is a right wing Tea Party activist, who has advocated the impeachment of President Obama; called for the cutting of food stamps to children; helped to push through cuts in services to HIV/AIDS patients in South Carolina; has backed large subsidies to Big Oil; and has promoted the idea of the Ten Commandments being on the walls of every government building in South Carolina.

This man is a right wing extremist, who will have no success in convincing African Americans to become Republicans, as he comes across as a firebrand, who will undermine any chance of compromise by House or Senate Republicans on any issue over the next two years.

He is the equivalent of Associate Supreme Court Justice Clarence Thomas, another African American who has turned against civil rights, and gone over to the white conservative establishment of the Republican Party, but can do a lot of damage, as Thomas has done repeatedly, including conflicts of interest on many cases brought before the Court.

Scott will not be a quiet freshman, and in many ways, will be a nightmare who will plague the Senate, and probably have a long career in a state which has gone so right wing and loony that its poverty stricken black and white population will suffer, but always with the thought that they are following the teachings of Jesus Christ, which they most certainly are NOT doing!

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

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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!