Stephen Breyer

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!

Gay Marriage Case Likely On Way To Supreme Court For Ruling One Year From Now!

The issue of gay marriage is likely on its way to the Supreme Court, and almost certainly will be decided a year from now, in the most blockbuster case of 2015!

The Tenth Circuit Court of Appeals has declared gay marriage to be a basic right, and that means marriages can move ahead in the near future in Utah, which brought the case, along with Colorado, Kansas, Oklahoma, Wyoming and New Mexico!

There is a temporary hold, but it is a major step forward, and insures, almost certainly, that the case will go to the Supreme Court this fall.

And it is ALMOST certain that we will have a Loving V. Virginia (interracial marriage) case result next year, allowing gay marriage everywhere in America, whether religious right wingers like it or not! One must realize that no church or other religious establishment would have to promote it, but civil marriage would move forward.

The belief is that there are four certain supporters of gay marriage on the Court—Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

Additionally, Justice Anthony Kennedy was the one who decided the path breaking case of Lawrence V. Texas, which greatly expanded the gay rights movement in 2003!

And it is possible to believe that Chief Justice John Roberts could also add his vote, making the vote next June 6-3!

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

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

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!

Supreme Court DNA Ruling An Attack On Privacy Rights

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

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!

The Impeachment Threat Against Chief Justice John Roberts: Totally Ludicrous!

The right wing extremists are at it again, now threatening to move to impeach Chief Justice John Roberts IF he swears in President Barack Obama next weekend for his second term in office.

The “Birther” movement, led by Orly Taitz and others, and still insisting that Barack Obama is not eligible to be President because he was born in Kenya, is leading the movement to force Roberts out of office, a totally insane and ludicrous idea!

As has been stated earlier in another entry, a President can be sworn in by ANY judge, and examples of such are Lyndon B. Johnson sworn in by Federal District Court judge Sarah Hughes on Air Force One after the assassination of John F. Kennedy in 1963; and Calvin Coolidge, sworn into office in the middle of the night in Vermont by his own father, a local justice of the peace in 1923.

And if Roberts refused to swear in the President, which he will not do, then ANY of the other Supreme Court Justices, such as Ruth Bader Ginsberg, Stephen Breyer, or Anthony Kennedy, could do the same. Does the “Birther” Movement plan to impeach all of the members of the Supreme Court?

And were Roberts or any Supreme Court Justice to be impeached by the House of Representatives, which is highly unlikely, particularly for Roberts, who was appointed by George W. Bush, there is no chance of gaining a two thirds vote in the Senate to remove him from office! With a Democratic Senate, not even half the votes would be obtained, even if all 45 Republicans were to vote to convict, something that is absolutely NOT going to happen!

All that the “Birther” Movement is doing is adding to its image as a group of wing nuts, not worthy of newsprint or any other public attention!

And Chief Justice Roberts, a man who has wished to avoid controversy, now can commiserate with President Obama, particularly after Roberts’ crucial vote upholding “ObamaCare” in June of last year, a path breaking moment in the history of the Court and of American reform!

Right Wing Lunatics Never Let Up On Aim To Destroy Barack Obama!

The wing nut right wing never stops attacking Barack Obama!

They claim that Obama is a Muslim President, despite the fact that the President has been responsible for the killing of more Muslims than George W. Bush. Obama has utilized the drone program in Afghanistan effectively, and has been able to end the lives of many terrorists, including Osama Bin Laden and other Al Qaeda and Taliban leaders, but it is never enough!

Glenn Beck, the lunatic, has now said that if any of his staff members mention Obama’s name in the next four years, they will be fired. He plans to avoid mentioning Obama at all, but if so, how will he continue to make his millions as a demagogue dividing America, since his whole living has been based on destroying Obama with his reckless rhetoric?

And there has been a plan by the far right to try to prevent the Electoral College from counting electoral votes, but that was done in early December in all of the state capitols, and the joint session of Congress today will see Vice President Joe Biden open up 51 envelopes and announce the results of the Electoral College. And even if one or two electors are disloyal, Barack Obama and Joe Biden will be declared the winners of the election, since their margin of victory in electoral votes is 62 votes more than the 270 needed to win!

And World Net Daily, an extremist, conspiratorial news website, has suggested that Chief Justice John Roberts announce that he will refuse to swear in the President for another term on Inauguration Day. In actual fact, Roberts will, assuredly, do no such thing, as he worries about his own reputation and that of the Supreme Court, and is not about to destroy his own image and reputation, which has been promoted by his decisive vote in the ObamaCare case in June of 2012!

But even if by some fluke, Roberts went crazy, it is not a requirement that the Chief Justice must give the oath to the President. ANY judge or Justice can do so, and one can be certain that Justice Ruth Bader Ginsberg or Justice Stephen Breyer or even Justice Anthony Kennedy would take on the responsibility if Roberts was to go off the deep end and destroy his whole career by refusing to do so.

And, finally, Lyndon B. Johnson was sworn in on Air Force One by a woman federal district court judge, Sara Hughes, on November 22, 1963, after the assassination of John F. Kennedy, so again, it does not even have to be a Supreme Court Justice who swears in the President.

It is clear the right wing lunatics will stop at nothing to attack and destroy Barack Obama, but while they make money off gullible and stupid people, it does not change the reality that Barack Obama is the choice of the American people, has accomplished a lot in his first term, and despite constant barriers, will achieve a lot in his second term, and go down as one of our better Presidents in American history!

Momentous Day As Supreme Court Chooses To Pass Judgment On Gay Marriage!

Today has been a very momentous day, as the United States Supreme Court has chosen to accept two cases on gay marriage, one involving the constitutionality of the Defense Of Marriage Act of 1996, and the other the validity of the passage of Proposition 8 in California, banning gay marriage.

This could be the blockbuster case of the present term, when it is decided in late June of 2013, after oral arguments in March.

This matter brings to mind the Loving V Virginia case of 1967, when the Supreme Court unanimously upheld the right of interracial couples to be able to marry, a very controversial and divisive case in the age of the Civil Rights Movement.

It should be pointed out that many Southerners and Christian religious leaders opposed interracial marriage bitterly, but once it was settled by the Supreme Court, the issue was moot.

The same opposition, heavily Southern and religiously based, is now vehemently against gay marriage, but the tides of history are going against a continuation of discrimination.

If gay marriage is accepted by the Court, after already being legal in nine states, no religious group would be required to marry a gay couple, but they could be married civilly by a judge or county clerk, or hire someone who is legally qualified to marry couples.

The belief is strong that the Court will rule at least 5-4, if not 6-3, for gay marriage rights, with the four Democratic appointments to the Court—Ruth Bader Ginsberg, Stephen Breyer, Sonia Sotomayor, Elena Kagan—voting for the majority, along with Justice Anthony Kennedy, and possibly Chief Justice John Roberts.

Kennedy is the key vote, but since he supported the right of gays to privacy in the Lawrence V. Texas case in 2003, and was, indeed, the decisive fifth vote, it is believed he will take a step further in support of this major step forward.

Roberts is an unknown quantity, but after his surprising vote for ObamaCare in June, it is believed he might join the majority on this significant case.

So now, ten years later, it looks likely that the Court will have evolved further, and the right of anyone to marry who they love will be guaranteed as a basic civil right.

This is basic social justice, and a majority in public opinion polls, and particularly the younger generation, support gay marriage.

No one is saying that there cannot be people who oppose gay marriage, but society does not have the right to use their prejudices and religious views to deny basic human rights to others!