Dred Scott Case

The Muslim Ban Decision Of The Supreme Court (Trump V Hawaii) Will Go Down As One Of Worst Decisions In 229 Years Of Our National History!

Ronald 2 Comments

The Supreme Court has just made one of the worst decisions in its 229 year history, and has besmirched its own reputation in the process.

It will match such decisions as the Dred Scott Case of 1857; Plessy V Ferguson 1896; and Korematsu V US 1944—all racist decisions justifying slavery, racial segregation, and the internment of Japanese Americans in internment camps during World War II.

All have been roundly condemned, as violations of basic human rights and civil liberties, and now, once again, the Supreme Court has proved how it has allowed itself to promote discrimination and racial prejudice, all in the name of “national security”.

Instead of labeling African Americans or Japanese Americans, now the whole Islamic religion has been judged as a threat to national security, based on the hysteria and racism of Donald Trump.

We have, therefore, allowed an authoritarian who threatens our whole system of government to win a case based purely on bias and religious hatred.

This is a slippery slope that can lead to victimization in the future of people from other nations and other religions.

Jews who were refused entrance in the late 1930s, and now people from Central America who want to escape similar violence and bloodshed and are being held in detention away from their children, are just further examples of how religious prejudice and racism are winning out.

The John Roberts Court has undermined its own reputation in the process, and will be condemned in history.

And the fact that Merrick Garland, appointed by President Obama, was denied a hearing for the Supreme Court vacancy in 2016, led to Neil Gorsuch, who predictably now and in the future will advocate an extreme right wing agenda, harming our constitutional liberties for the next thirty years.

The fact that three members of the Court would not be there if the popular vote had won out in 2000 and 2016 just adds to the tragedy, as George W. Bush would not have been able to appoint John Roberts and Samuel Alito, and Donald Trump would not have been able to appoint Neil Gorsuch.

Sonia Sotomayor registered her vehement dissent, along with Ruth Bader Ginsburg, and the opposition of Stephen Breyer and Elena Kagan. But it was all for naught!

America’s reputation has been permanently damaged, and we are no safer against those Muslims who are extremists, who are now emboldened to do harm more than ever, and at the same time, those Muslims in America who have served in our armed forces honorably, and those who have done good work in other fields, have been slapped in the face.

Our most ugly side as a nation has been displayed for all to see, and anyone who believes in justice and fair play is weeping today, and will for the long term of our history as a nation, as tolerance and open mindedness have been denied!

Showdowns Between Presidents And The Supreme Court: Jefferson, Jackson, Lincoln, Franklin D. Roosevelt, Nixon, And Obama

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President Barack Obama today challenged the Supreme Court to support the Obama Health Care legislation, which was argued last week before the Court in an unprecedented three day, six hour presentation by the two sides in the case.

Obama made clear that two conservative Circuit Court judges, Laurence Silberman and Jeffrey Sutton, have backed the legislation as constitutional.

Just by simply answering a question from a journalist, what Obama has done is thrown down the gauntlet to the Court, as he did when he criticized them face to face at the State of the Union Address in 2010, shortly after the decision in the Citizens United case, the most unpopular decision of the Court since Bush V. Gore in 2000.

As the author listened to Obama’s challenge to the Court, it brought back the history of Presidential challenges to the Supreme Court in the past.

Thomas Jefferson and Andrew Jackson challenged the Court’s authority, causing antagonism between both Presidents and Chief Justice John Marshall.

Abraham Lincoln was critical of the Dred Scott Decision before his Presidency, and was in conflict with Chief Justice Roger Taney during the Civil War, until Taney’s death in 1864.

Franklin D. Roosevelt denounced the Supreme Court over challenges to the New Deal programs, and tried to “pack” the Court, and Chief Justice Charles Evans Hughes defended the Court from the attacks of the President.

Richard Nixon denounced the Court as too liberal and permissive under Chief Justice Earl Warren, when Nixon ran for President, with Warren swearing him in as President, and then retiring later in 1969. Nixon then had the opportunity to make four Supreme Court appointments and turn the Court more conservative.

And now, Barack Obama has challenged the Court for the second time, with Chief Justice John Roberts expressing discontent, after the fact, to the first criticism of the Court, expressed during the State of the Union Address.

Wondering what the ultimate relationship between Obama, and the Chief Justice and the entire Court in the future, will be, is one of the key events of this election year!

Certainly, Obama is in good company, distinguished company, with the other Presidents who have challenged the Supreme Court!

The Supreme Court On Trial IF It Destroys Health Care Reform: Creation Of A Constitutional Crisis

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The US Supreme Court is in the midst of a crisis of massive proportions, if it destroys the Obama Health Care reform in June.

It will create a crisis in health care for about 50 million Americans, and affect young adults, senior citizens, and people with pre-existing conditions in a massively negative way.

It will undermine the major effort of the Obama Administration to bring health care into the 21st century, and on the same level as every other democratic nation in the world, many of whom have had national health care for all for decades.

It will also put the Supreme Court as an institution on trial, as it is already perceived as overly partisan, with many of the decisions decided on party line vote, based on which party’s President chose the members of the Court.

It will also make it even more obvious that the election will have the effect of deciding the future direction of the Court, based on which party gains the Presidency and has control of the US Senate. This has always been true, and has been mentioned by this author numerous times on this blog.

This Court could undermine public faith and respect for the institution itself, doing even more damage than the Bush V. Gore case of 2000, and the Citizens United case of 2010.

The Court has been a hot political issue in the past in election years, including:

1800-Thomas Jefferson vs. John Adams, with the power of the Court a key issue, and Adams’ last minute appointment of Chief Justice John Marshall leading, despite opposition of Jefferson, James Madison, James Monroe and Andrew Jackson, to a very powerful Supreme Court shaped by Marshall.

1860–The election of Abraham Lincoln, who attacked the Dred Scott decision that stated that a slave owner could take his slave anywhere in the United States, and helping to lead to the secession of the South, and the coming of the Civil War.

1876–An election where the popular vote loser, Rutherford B. Hayes, was chosen by a committee which included five Supreme Court Justices, when no one was able to win the contested electoral votes of three Southern states–Louisiana, South Carolina and Florida.

1912 and 1924–Third party (Progressive Party) candidates Theodore Roosevelt and Robert La Follette, Sr., respectively, proposed limitations on the powers of the Supreme Court .

1936–Franklin D. Roosevelt made the Court an issue because of its constant declaration of New Deal laws as unconstitutional, and tried to “pack” the Court by a proposal to add six new Justices for each one on the Court over the age of 70, an idea soundly defeated in 1937.

1968–Richard Nixon campaigned against the “liberal” Court of Chief Justice Earl Warren, who then had to swear him as President in January 1969, but retired shortly after.

2000–The Supreme Court on a partisan vote stopped the vote count in the state of Florida, thereby awarding George W. Bush the Presidency over Al Gore, with a margin of victory in Florida of 537 votes statewide.

2012 could be another such case of a President confronting a defiant Supreme Court to the will of the majority in Congress and the American people!