Merrick Garland

Supreme Court Corruption Is Massive: Time For Reform!

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The latest revelation about Supreme Court Associate Justice Neil Gorsuch selling property to a law firm that has argued before the Court adds to the similar actions of Clarence Thomas selling property to a right wing billionaire, and makes clear the reality of ethical violations by members of the Court, who seem to think they are beyond reproach!

Add the nasty, arrogant manner of Samuel Alito and Clarence Thomas; the ethical issues around Thomas and Brett Kavanaugh that have never been truly addressed; and the abuse promoted by Kentucky Senator and Republican Minority Leader Mitch McConnell in promoting a quick replacement for Ruth Bader Ginsburg by Amy Coney Barrett just weeks before the Presidential Election of 2020, while blocking the appointment of Merrick Garland to replace Antonin Scalia nine months before the Presidential Election of 2016.

One could argue that except for Barrett and Chief Justice John Roberts, that all of the other Republican appointments to the Court are, at the least, ethically challenged, and screams for Supreme Court reform.

The Court is more extreme right wing than it has been since the 1920s, so there is now a strong argument to add members to the Court to right the balance, and to set term limits for future Court Justices.

Justices are on the Court for too long, with Thomas now at almost 32 years, and the all time record being 36, and with Alito at 17 years and Roberts at 18 years, which sounds like what the proper term in the future should be 18 years, with the idea that every President in the future, would have two appointments in a four year term, and there would be constant turnover over four plus Presidential terms.

Two Republican Majority Courts Supported Abortion Rights, But Not Now In 2022!

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In the case of Roe V. Wade (1973), decided by 7-2, Abortion Rights for women was made federal law, with five of the seven votes being Republican appointments:

Harry Blackmun (Nixon)
Warren Burger (Chief Justice) (Nixon)
William Brennan (Eisenhower)
Potter Stewart (Eisenhower)
Lewis Powell (Nixon)

In Planned Parenthood V. Casey (1992), a later case on abortion, with some limits, the decision was 5-4, with all 5 in the majority being Republican appointments:

Sandra Day O’Connor (Reagan)
Anthony Kennedy (Reagan)
David Souter (HW Bush)
Harry Blackmun (Nixon)
John Paul Stevens (Ford)

All of these Republican appointed Justices were considered to be “conservatives” in their time frame, although Blackmun, Brennan, and Stevens came to be seen as “liberals’ over time, and O’Connor, Kennedy, and Souter came to be seen as “moderates”.

The definition of “conservative” has changed dramatically in the past half century, so all of the Republican Justices would be seen by right wing Republicans in 2022 as “RINOS”, Republicans In Name Only!

In 2022, in Dobbs V. Jackson’s Women Health Organization, all six Republicans voted to end abortion rights, although Chief Justice John Roberts wanted only further limitations on abortion, and therefore dissented while joining the other five Republicans.

These appointments were by two Presidents who lost the popular vote when they were elected by the Electoral College, along with Clarence Thomas appointed by George H W Bush.

Thomas and Brett Kavanaugh both had charges of sexual impropriety brought against them, while Neil Gorsuch gained a place on the Court that was meant for Barack Obama appointee Merrick Garland, and Amy Coney Barrett replaced the recently deceased Ruth Bader Ginsburg just a week before an election in which Donald Trump lost by 7 million votes to Joe Biden, who should have been allowed that appointment.

Supreme Court Has Waged An Extremist Right Wing Attack On Women!

Ronald 5 Comments

In 1973, Roe V Wade, giving women the right of abortion, was decided by a 7-2 vote, including five Republican Supreme Court Justices: Harry Blackmun, Chief Justice Warren Burger, William Brennan, Potter Stewart, Lewis Powell.

In 1992, Planned Parenthood V Casey, was decided by a 5-4 all Republican vote, including Republican Supreme Court Justices Sandra Day O’Connor, Anthony Kennedy, David Souter, John Paul Stevens, Harry Blackmun.

The draft opinion on abortion, written by Justice Samuel Alito, and said to have a 5-4 vote, was leaked last night, and it is an extremist right wing attack on women, taking away completely the right of abortion, including even having no exceptions for rape, incest, or life of the mother!

If this draft opinion is not changed by the end of the Supreme Court term, it has declared war on a woman’s ability to control her own body, and will lead to increased deaths by botched abortions, as was the case before 1973!

This bombshell report of what is likely to happen flies in the face of more than 70 percent of public opinion being in favor of abortion rights being retained after nearly 50 years of that right being affirmed!

Also, the fact that four of the five Supreme Court Justices in the majority of this opinion were chosen by Presidents who LOST the popular vote–George W. Bush in 2000 and Donald Trump in 2016–is very disturbing!

Also, the Republican denial of the appointment of Merrick Garland in 2016, while allowing the appointment of Amy Coney Barrett in 2020, both election years, but a double standard on appointment, is outrageous!

The concept of established law, “Stare Decisis”, and “precedent” as part of Supreme Court history may be going by the wayside with this extremist Court!

And poor women, and particularly minority women, will be the ultimate victims, and poverty and abuse will become the norm more than ever!

Only about 25 nations ban abortion, and most of the Western world will look at the United States as a pariah on women’s rights, if this Court decision goes through, as there are already plans for the Republicans to try to promote a nationwide ban on abortion if they control both houses of Congress and the Presidency in the future!

The need for the vast majority of women, and men who understand the importance of preserving the rights of women to control their own destiny, to become engaged in the midterm elections six months from now, is urgent!

The Supreme Court Reputation Reaching An All Time Low

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The US Supreme Court is in a crisis, as its reputation in public opinion polls, and among Supreme Court “watchers”, is reaching an all time low, not matched since the late 1920s and early 1930s.

The Court has never been as right wing in substance as it is now, since a century ago, and even going further back to the late 19th century Gilded Age era.

The Supreme Court’s reputation was glowing in the time of the Warren Court (1953-1969) and even moving forward to the Burger Court (1969-1986), and still having an image of balance in the era of the Rehnquist Court (1986-2005).

This was due to the reality that many Republican appointees to the Court, including the following, avoided hardline conservativism:

Eisenhower–Earl Warren, William Brennan
Nixon–Warren Burger, Harry Blackmun
Ford–John Paul Stevens
Reagan–Sandra Day O’Connor, Anthony Kennedy
HW Bush–David Souter

These eight Justices made a massive difference in enunication of Supreme Court opinions.

Sadly, George H W Bush’s appointment of Clarence Thomas, and George W. Bush’s selection of Samuel Alito, veered the Court far to the right, and Donald Trump’s three appointments—Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett—have continued that trend.

The fact that Thomas and Kavanaugh have been connected to accusations of sexual harassment, and that Alito, Gorsuch, Kavanaugh, and Barrett were chosen by Presidents who lost the national popular vote, and that Gorsuch took a seat that was meant for Barack Obama’s nominee, Merrick Garland, and that Barrett was confirmed for the Court less than two weeks before the national election—only adds to the fury and disgust felt about the Supreme Court!

This has, reportedly, disturbed Chief Justice John Roberts (2005- ), whose historical reputation is being damaged, as he has moved, personally, from being conservative to attempts to create a moderate balance on the Court. Sadly, it is not working, so there are some rumors that he might retire from the Court after 17 years as its leader, as that is about the norm for most of the 17 Chief Justices in Amerian history, with the exception of John Marshall (1801-1835) and his successor, Roger Taney (1836-1864).

That would be a major step forward, to retire, and allow Joe Biden to pick a Chief Justice, which has not happened for a Democratic President since Harry Truman in 1946!

Chief Justice John Roberts Has Lost Control Of The Supreme Court, And His Own Reputation Is At Stake!

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The Supreme Court is in crisis, as its reputation, and that of its leader, Chief Justice John Roberts, is at stake!

It is now the most rightwing Supreme Court since the 1920s and early 1930s, as extremism has taken over an institution which is supposed to be moderate centrist!

Past Chief Justices, including John Marshall, Charles Evans Hughes, and Earl Warren, had the ability to impact other members of the Court, and convince them to work toward moderation!

But John Roberts has clearly lost control of a Court which includes three Donald Trump appointees, with only the first choice, Neil Gorsuch, coming across as lacking in controversy outside of the fact that he became the replacement for Antonin Scalia, instead of Barack Obama’s choice, Merrick Garland!

Brett Kavanaugh has a cloud over his head and reputation as a sexual abuser, much like Clarence Thomas, appointed by George H. W. Bush thirty years ago, and having a deleterious effect on the Court for three decades!

And Amy Coney Barrett is clearly not Justice material, and her extreme religious swing to the far Right has besmirched the memory of Ruth Bader Ginsburg. Had she been still on the Court, she would have prevented the atrocious decision of the Court to back the disgraceful Texas abortion law that now Attorney General Merrick Garland is suing to prevent the loss of a constitutional right for women to control their own bodies!

The Supreme Court Reputation Has Been Seriously Tarnished, No Longer Seen As Representing Moderation!

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The John Roberts Supreme Court reputation has been seriously tarnished, no longer seen as representing moderation!

By deciding to go along with an extremist Texas abortion law, in a one paragraph middle of the night statement, which includes no exceptions for rape or incest, and allowing private citizens to sue anyone engaged in promoting abortion, the Court has done one of the worst ever actions, which will be compared to such other issues as Dred Scott V Sandford (1857) and Plessy V Ferguson (1896), and a small group of other reprehensible decisions!

Chief Justice Roberts himself recognized how terrible this 5-4 decision was, so despite earlier personal expressions of being anti abortion, he joined the three liberals on the Court in opposition.

Roberts knows his own historical reputation has been permanently damaged, as the Court has become dangerously radical right wing extremist, with the three reprehensible appointments by Donald Trump showing their true colors!

The fact that the appointment of Amy Coney Barrett switched the Court balance from what it was under the late Ruth Bader Ginsburg right before the Presidential Election of 2020 is reprehensible!

But also, the fact that Brett Kavanaugh was the second Court Justice to face accusations of inappropriate sexual conduct, along with Clarence Thomas three decades ago, and now they decided the private lives of women, is totally infuriating!

And the fact that Neil Gorsuch gained an appointment after a full year of no replacement of Antonin Scalia, and that Merrick Garland was denied even a hearing as his replacement, makes all three of Donald Trump’s Court appointments questionable and wanting!

It is further proof that the Supreme Court has lost whatever aura it had, as a fair, reasonable body!

To reverse a decision of nearly 50 years, when the tradition of the Court is to uphold legal precedent normally, and that it has such a dramatic effect on more than half the population, is beyond the pale!

If Hillary Clinton had won the Presidential Election of 2016, which this author and blogger and tens of millions of Americans think is the truth, the Supreme Court today would not be in the crisis atmosphere it is in!

It requires an attempt to add members to the Court, because otherwise, the Court is on a tear to the promotion of Fascism clear and simple, and that cannot be allowed to move forward toward ultimate destruction of the Constitution and rule of law!

The idea that two Presidents, George W. Bush and Donald Trump,who lost the popular vote, could add two and three members to the Court respectively, which otherwise would have been appointees of Al Gore and Hillary Clinton, is simply outrageous and unacceptable for the long haul!

It will permanently destroy the reputation of a very evil man, Senate Minority Leader Mitch McConnell, who brought about this travesty!

When one thinks back to the mid and late 1970s, we actually had a 7-2 Republican Court by party affiliation, but it included moderate Republicans, which included statesmen, including William Brennan, Harry Blackmun, John Paul Stevens, and Chief Justice Warren Burger!

So action must be taken to expand the Court, as we are in a constitutional crisis that will only get worse if no action is taken!

The Age Issue In American Politics Endangering Change—Dianne Feinstein, Stephen Breyer!

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A growing crisis in American government is the rapidly aging political class, with a larger number of members of Congress being past 80 years of age, and Supreme Court Associate Justice Stephen Breyer reaching the age of 83 today, August 15.

This is particularly notable with California Democratic Senator Dianne Feinstein, who is past 88 years of age, and is clearly demonstrating signs of dementia in many public situations.

Age discrimination is illegal, but once someone reaches past the age of 80, the danger of dementia and other medical issues multiplies, and the issue of Feinstein and of Breyer is alarming, even though so far Breyer shows no signs of decline.

But no government position with such responsibilities should be in the hands of an egotist who never knows when it is time to “pass the baton”, and clearly, Feinstein needs to resign, and Breyer needs to move in that direction before the midterm elections of 2022.

If Feinstein died in office, with the California gubernatorial recall election coming up in September, there is the danger that an extremist Republican hanger-on could end up becoming Governor, and then being able to pick a Republican to replace Feinstein, and making the US Senate switch to the Republican party.

And if Breyer died after an unfortunate majority of the Senate possibly returning to the Republican Party, no replacement would be likely, similar to the Merrick Garland situation and Barack Obama in 2016!

This is intolerable, and there needs to be an understanding that past age 80 or early 80s, it is time for public office holders to leave and allow someone else to replace them, as no one is indispensable, despite their egos!

Supreme Court Justice Stephen Breyer Should Retire, For Secure Survival Of Liberal Wing Of Court

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It was very disappointing news that Supreme Court Justice Stephen Breyer has announced he has no plans to retire, as he reaches age 83 on August 15.

Breyer has served long and well on the Supreme Court since being appointed by Bill Clinton in 1994.

Already he is one of the longest serving Justices in American history, 25th longest of a total of 115 Justices who have served.

His arguments for remaining on the Court are that he likes being the Senior Justice of the liberal wing, and that his health will determine how long he stays.

But he fails to recognize that health can change rapidly, and when one is in his or her 80s, he or she needs to consider the impact of a sudden death, as with Ruth Bader Ginsburg’s sudden passing, which led to a rapid appointment of a Justice (Amy Coney Barrett) who was rammed through in record time, instead of leaving the appointment to the winner of the Presidential Election of 2020.

With a Court now more conservative and right wing than it has been since the 1930s, it is alarming to think that Breyer is gambling the effect on the liberal wing of the Court by refusing to retire.

Joe Biden should be given the opportunity to replace him, but if even one Democratic Senator dies before 2023, then the Republicans will take control of the US Senate, and prevent any Biden nominee.

And if the Republicans win the Senate in 2022, then Joe Biden will be denied any appointment, even if a vacancy, as Mitch McConnell denied Barack Obama the opportunity to replace Antonin Scalia with Merrick Garland in 2016!

Democrats, Popular Vote, And Economic Performance Way Ahead Of Republicans

Ronald 5 Comments

Democrats have won the national popular in seven of the last eight Presidential elections, from 1992-2020, with exception of 2004.

Democrats have had more people vote for their candidates for Congress than Republicans in the past two decades.

Democrats have only presided in the White House for one of the past eleven economic downturns, a brief recession in 1980 under President Jimmy Carter, with the other ten under Republican Presidents from Eisenhower to Trump, 1953-2021.

Under Democratic Presidents since 1961, the stock market, job growth, and economic performance have done much greater than Republican Presidents in the same period.

And yet, Democrats are at a political disadvantage, due to:

The Electoral College

Political Gerrymandering of House seats

Republicans working to undermine Democratic Presidents with the Senate Filibuster

This is why Democrats need to play “hardball”, and overcome the barriers of gerrymandering and filibusters, and move to make Washington DC and Puerto Rico the 51st and 52nd states. Also add members to the Supreme Court to overcome the political manipulation of Mitch McConnell, who helped to create a stacking of the high Court with the refusal to approve Merrick Garland in 2016, the rightful nominee of Barack Obama; and the “ram through” of Amy Coney Barrett in record time before the Presidential Election of 2020!

Attorney General Merrick Garland Confirmed; Now Time For Prosecutions Of January 6 Traitors In Congress!

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Attorney General Merrick Garland was finally confirmed today by a vote of 70-30 in the Senate.

It is now time for prosecutions of the January 6 Capitol Attack Conspirators, not only the men and women who stormed the building and threatened members of Congress, but also those traitors in Congress who promoted and encouraged the seditionist actions.

This includes the Senators and Congressmen who refused to support the Electoral College results, and those who took some of the people involved in the insurrection on tours of the building a day or two before.

The evidence is strong against Marjorie Taylor Greene, Lauren Boebert, Madison Cawthorn, Paul Gosar, Jim Jordan, Mo Brooks and others in the House, and against Josh Hawley, Ted Cruz, and six other Senators. Also, House Republican leaders, including Kevin McCarthy and Steve Scalise and others need to be held accountable!

It is time for them to pay the price for their treasonous actions, and they all need the full prosecution and punishment that they deserve!