Ruth Bader Ginsburg

The 15 Greatest Supreme Court Justices Since 1900

The Supreme Court has become more controversial than ever in recent years, and the decisions of the John Roberts Court in 2015 only added fuel to the fire, regarding who the greatest and worst Supreme Court Justices have been in American history.

We have had 112 Supreme Court Justices, and 17 Chief Justices, including 5 who served as Associate Justice as well.

58 Justices have served since 1900, with a few selected before that date but serving into the 20th century. This includes 9 Chief Justices, including four who had served as Associate Justices of the Supreme Court.

If one had to select the top 15 Supreme Court Justices since 1900, without ranking them specifically, but instead creating a list chronologically, they would be listed as follows:

Oliver Wendell Holmes, Jr.
Charles Evans Hughes
Louis Brandeis
Harlan Fiske Stone
Benjamin Cardozo
Hugo Black
Felix Frankfurter
William O. Douglas
Earl Warren
William J. Brennan, Jr.
Thurgood Marshall
Harry Blackmun
John Paul Stevens
Sandra Day O’Connor
Ruth Bader Ginsburg

Note that 9 of these 15 Supreme Court Justices were appointed by Republicans—Holmes by Theodore Roosevelt; Hughes by William Howard Taft and then elevated to Chief Justice by Herbert Hoover; Stone by Calvin Coolidge; Cardozo by Herbert Hoover; Warren and Brennan by Dwight D. Eisenhower; Blackmun by Richard Nixon; Stevens by Gerald Ford; and O’Connor by Ronald Reagan.

Democratic Presidents chose the following: Brandeis by Woodrow Wilson; Black, Frankfurter and Douglas by Franklin D. Roosevelt; Stone elevated to Chief Justice by FDR; Marshall by Lyndon B. Johnson; and Ginsburg by Bill Clinton.

“Third Choice” Supreme Court Justices And Path Breaking Decisions On Abortion And Gay Marriage!

As the Supreme Court hears arguments today in the case of Obergefell V. Hodges, the gay marriage case, we are on the brink of a massive constitutional decision by the last day of June on this matter.

It now seems clear that the right to gay marriage in all of the states will be declared constitutional by a 5-4 or 6-3 vote, with Associate Justice Anthony Kennedy, and possibly, Chief Justice John Roberts, joining Associate Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

The likely author of the upcoming decision should be Justice Kennedy, who has created a majority on three earlier gay rights cases decided by the Supreme Court, but even if not so, Kennedy is the person insuring that gay marriage will become the law of the land!

And this reality brings up an interesting situation: Justice Kennedy was the THIRD CHOICE for the Supreme Court of President Ronald Reagan, after the rejection of Robert Bork and Douglas Ginsburg, and if either had been confirmed by the US Senate, gay rights now would likely not be occurring as rapidly as it has been!

And it also fact that Associate Justice Harry Blackmun, selected by President Richard Nixon, after the rejection of Clement Haynesworth and C. Harold Carswell, the THIRD CHOICE, was the author of the momentous Roe V. Wade decision of 1973, legalizing abortion!

So it turns out that “third choice” Supreme Court nominees Harry Blackmun and Anthony Kennedy have had historic effects on two controversial issues that have divided the nation, but also move the nation forward on women’s rights and gay rights!

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

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!

One Of The Last True Liberals, Mario Cuomo, Passes From The Scene On New Year’s Day!

Former three term New York Governor Mario Cuomo, one of the last true liberals in American politics, passed from the scene yesterday, New Year’s Day, just as his son, Andrew Cuomo, was inaugurated for his own second term as Governor of New York.

Mario Cuomo was a dynamic, charismatic, inspiring political figure, who flirted with the idea of running for President in 1988 and 1992, but ended up not running. He also was the front runner for a Supreme Court nomination by President Bill Clinton in 1993, but turned it down, in favor of Ruth Bader Ginsburg, and ran, instead, for a fourth term as Governor, but losing to George Pataki in 1994.

Cuomo was, without any question, the second greatest Italian American political figure in American history, only surpassed by New York City Mayor Fiorello LaGuardia (1934-1945), and he will be much missed, as he was a rarity in politics–a truly decent, principled politician who cared about the poor and the oppressed of all races, both in New York and nationwide!

The Supreme Court At A Crossroads

With the news that Associate Justice Ruth Bader Ginsburg had heart surgery to have a stent implanted, progressives shudder at thought of her possible demise at age 81.

A true liberal and champion of the downtrodden, Ginsburg refused to leave this summer, and now the US Senate is Republican controlled, so if something happens to her, the GOP will have major input into any Obama appointment to replace her, insuring the likelihood of, at best, a moderate appointee, no way as progressive as Ginsburg has been for the past 22 years.

It is clear that the next Presidential election will determine the long future of the Supreme Court, with the likelihood of multiple replacements of up to four Justices by 2020, including Ginsburg, Stephen Breyer, Antonin Scalia, and Anthony Kennedy, with all four being in their eighties by the end of the decade.

Meanwhile, the Court has crucial decisions to make by this June, including another challenge to ObamaCare, and the issue of finally resolving the gay marriage issue, with 35 states now allowing it, but a court case trying to upend it and reverse it.

These two decisions, along with some others, will have a lot to do with the final level of success or failure of the Obama Presidency, and it all falls on the health of Ginsburg, along with the hoped for support of Chief Justice John Roberts and Justice Kennedy, to join the four liberals on the Court to uphold both ObamaCare and gay marriage!

So the Supreme Court and its reputation is on the line in 2015, and after the Citizens United Case and the Voting Rights Case, the Court needs to redeem itself in some fashion, and this is the turning point for the long term for the image of the Supreme Court!

The Importance Of Maintaining A Democratic Senate Majority

Many people, who do not understand the importance of midterm elections, have wondered whether it makes any difference if we have a Democratic Senate or a Republican Senate.

There are many reasons why it is extremely crucial that the Democrats retain the Senate, since it is clear that the Republicans will keep control of the House of Representatives, and may gain more seats, and go from a 233-199 (with three vacancies) total to over 240, due to gerrymandering, and the power of incumbency.

A Democratic Senate gives Barack Obama the chance to gain a new Supreme Court Justice of his own choice, if Ruth Bader Ginsburg or any other Justice decides to retire in the next two years, or if any Justice should die while a member of the Court. Also, ability to have circuit and district court judges, and cabinet positions, and other appointments approved would be very difficult if the GOP controlled the Senate.

A Democratic Senate prevents any serious move toward a likely impeachment of Barack Obama, as the Republicans would see no point to doing it, if there was no chance of a conviction, which in reality would not happen in any case, as it would require a two thirds (67) vote to convict and remove. The Republicans might be fully aware that it would not succeed, but might wish to besmirch the historical record of Obama, much as they did with Bill Clinton in 1998-1999.

A Democratic Senate insures that in two years, with two thirds of the seats up for election being Republicans, that the Democrats would likely gain 6-8 seats, and might, in 2017, reach the magic number of 60 or more, preventing any possible use of the filibuster tactic.

A Democratic Senate would insure the survival of ObamaCare, and the inability of any further move to destroy this signature program. Additionally, attempts to reverse other changes and reforms that have occurred would be impossible, all to the good.

A Democratic Senate would make it unnecessary for President Obama to utilize the veto power, which he has used very sparingly in his time in office.

A Democratic Senate would mean that the Republican Party had lost its last opportunity to gain control of both Houses, and in 2016, with a strong Democratic nominee for President, and the likelihood of coattail effects in those states that are “blue” or “purple”, would likely lead to a flip in the House to Democratic control, and the GOP would never again, any time soon, gain control of either House of Congress, as they have shown no desire to deal with the important issues that face the nation in domestic policy, and refusal to support Barack Obama in foreign policy, having abandoned the long held view of a sense of bipartisanship when dealing with the world and its problems.

Justices Scalia, Thomas, Alito MUST Go!

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!

Justice Ruth Bader Ginsburg, Justice Louis Brandeis, And The Future Of The Supreme Court!

Associate Justice Ruth Bader Ginsburg has resisted suggestions that after 21 years on the Supreme Court she should retire, giving President Barack Obama an opportunity to make another appointment to the Court before he leaves office.

Ginsburg is 81 plus, and has survived colon and pancreatic cancer in a miraculous way, and has also lost her husband, but she resists leaving.

Now there seems to be “light at the end of the tunnel”, as Ginsburg has hinted that she wants to match former Associate Justice Louis Brandeis, one of the all time great Justices, who served almost 23 years from 1916 to 1939 and retired at age 82, and that will be accomplished over the next year on age and in early 2016 on service. So it seems as if she might retire in June of 2015 or June of 2016.

This is the explanation for the statement of President Obama, that he expects to make some new Court appointments, and it makes the urgency of the continuation of a Democratic Senate even more a priority for the upcoming midterm Senate elections.

It is now a fact that were Ginsburg to resign tomorrow, it would be impossible to replace her before November, due to the politics of the upcoming elections in two and a half months, so the best we can hope for is that Obama will get to replace the aging Ginsburg in 2015 or 2016, with Democrats still in control.

If not, there is the possibility of a Court with only seven or eight members, if any other Justice dies or retires, from the rapidly aging Court.

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

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!

Greatest Domestic Accomplishments Of Presidents Since FDR

So much attention is usually paid to foreign policy during any President’s administration, but domestic accomplishments are something that needs much more attention.

Following is what this author regards as the greatest domestic accomplishment of each President since Franklin D. Roosevelt.

Franklin D. Roosevelt—Social Security Act of 1935

Harry Truman–Integration of the military and Washington DC in 1948

Dwight D. Eisenhower–Appointment of Chief Justice Earl Warren in 1953 and Associate Justice William Brennan in 1956

John F. Kennedy—Integration of University of Mississippi by James Meredith, with federal enforcement in 1962

Lyndon B. Johnson—Civil Rights Act of 1964

Richard Nixon–Creation of the Environmental Protection Agency in 1970

Gerald Ford—Appointment of Associate Justice John Paul Stevens in 1975

Jimmy Carter—Environmental Reform and Expansion of Public Lands 1977-1981

Ronald Reagan—Social Security Reform in tandem with Speaker of the House Thomas “Tip” O’Neill in 1983

George H. W. Bush—Americans With Disabilities Act of 1990

Bill Clinton—Appointment of Associate Justices Ruth Bader Ginsburg in 1993 and Stephen Breyer in 1994

George W. Bush—Medicare Part D Prescription Law of 2003

Barack Obama—Affordable Care Act of 2010

Discussion and commentary on this list is welcome!