Supreme Court

Supreme Court Justice Quality Way Down From Decades In The Past!

Republican Party Presidents since 1953 have selected the vast majority of Supreme Court Justices!

Dwight D. Eisenhower 5
Richard Nixon 4
Gerald Ford 1
Ronald Reagan 4
George H. W. Bush 2
George W. Bush 2
Donald Trump 3
Total 21 with William Rehnquist listed twice under Nixon and Reagan

in 40 years of Republican Presidents

Democratic Party Presidents have had far fewer appointments!

John F. Kennedy 2
Lyndon B. Johnson 2
Jimmy Carter 0
Bill Clinton 2
Barack Obama 2
Joe Biden 1
Total 9

in 32 years of Democratic Presidents

So twice as many Repubican appointments as Democrats!

Eisenhower had Chief Justice Earl Warren, Associate Justice Potter Stewart, and Associate Justice William Brennan stand out!

Nixon had Chief Justice Warren Burger and Associate Justice Harry Blackmun stand out!

Ford had Associate Justice John Paul Stevens stand out!

Reagan had Associate Justice Sandra Day O’Connor and Associate Justice Anthony Kennedy stand out!

H W Bush had Associate Justice David Souter stand out!

On the Democratic side:

Kennedy had Associate Justice Byron White stand out!

Johnson had Associate Justice Thurgood Marshall stand out!

Clinton had Associate Justice Ruth Bader Ginsburg and Associate Justice Stephen Breyer stand out!

Obama had Associate Justice Sonia Sotomayor and Associate Justice Elena Kagan stand out!

Biden had Associate Justice Ketanji Brown Jackson stand out!

So 9 Republican appointments and 7 Democratic appointments have stood out!

Now, sadly, we have a group of appointments by Republican Presidents (the two Bushes and Donald Trump) that have been extremist and involved in conflicts of interest, and are not interested in being in the moderate center of constitutional law!

These include Clarence Thomas, Samuel Alito, Brett Kavanaugh, Neil Gorsuch, and sadly, Chief Justice John Roberts!

Supreme Court Ethical Violations Are Totally Out Of Control!

The Supreme Court, already outrageously extremist right wing, due to the three Donald Trump appointees added to the arrogant, nasty Clarence Thomas and Samuel Alito, the appointees of the two Bush Presidencies, is now even further in violation of ethics!

It turns out that Chief Justice John Roberts has judged in cases that involve financial matters affecting his wife!

This blogger has always tried to give slack to Roberts, but at this point, he is the head of a Court out of control, and refuses to testify before a Senate committee on Judicial ethics, of which the Court, clearly, has ZERO!

Roberts has been on the Court for 18 years, Thomas 32 years and Alito 17 years, and it is time for these unethical Justices to retire!

Of course, they will NOT do so, but that is the argument for expansion of the Court, as this is very different than the controversial so called “Court Packing Plan” of Franklin D. Roosevelt in 1937, which was defeated!

That Court in 1937 had declared several New Deal laws unconstitutional, but the Court in the present is way beyond any earlier abuses, and longevity of Court members is out of control as compared to history!

There is a need for term limits on the Court, and for now, to balance the Court and make for fair constitutional law, new members need to be added!

Until that occurs, which is of course unlikely, the Court will have further rapidly declining prestige and support of public opinion, which does matter in a democracy!

Supreme Court Corruption Is Massive: Time For Reform!

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.

With Two Weeks To Go, Voter Enthusiasm And Participation Is Highest For Midterm Election!

With early voting having begun, already there are strong indications of voter enthusiasm and commitment, so the participation in voting in midterm elections is on the road to an all time high level.

The question that remains unanswered is whether the enthusiasm is centered about the danger to American democracy presented by MAGA Republicans and Donald Trump, and the issue of the Dobbs V Jackson women’s Health Organization Supreme Court case on destruction of abortion rights as was declared in Roe V Wade a half century ago.

The polls are so conflicting, and often have been incorrect, after the fact, so there is a waiting game as to how the American people at large are expressing their views.

Hopefully, we will not discover that Donald Trump and his minions have managed to “pull the wool over one’s eyes”, and have Trumpites showing greater strength than the approximate one third of the population believed to be vehement Trump supporters!

International Relations Becoming More Dominated By Authoritarian Leaders

The world in 2022 is becoming more dominated by authoritarian leaders than any time since World War II, a sign of major challenges for President Joe Biden.

Already, the Russian Federation, China, North Korea, and Iran are constantly challenging America and its democracy.

But now, Saudi Arabia, under Mohamed bin Salman, in cooperation with Vladimir Putin, is cutting oil production, and creating an economic nightmare of higher oil prices, just as the Midterm Elections of 2022 come upon us in one month.

The Democrats already have problems with inflation and higher mortgage rates and this despicable action by Saudia Arabia, in lead with Putin, could very well undermine the push to protect American democracy in the upcoming elections, and prevent protection of abortion rights.

This will be a very difficult month, with growing sense that MAGA Republicans and Donald Trump could end up in control of government, and undermine, in league with an extremist right wing Supreme Court, many of the progressive
advancements in government and civil rights that have occurred in the years since the New Deal of Franklin D. Roosevelt and the Great Society of Lyndon B. Johnson!

Republican And Conservative Advantage In House, Senate, Electoral College System, Despite Popular Vote Advantage For Democrats

The American political system is in bad straits, in what seems like a losing battle for popular vote to determine who runs our government.

The system has become stacked to favor Republicans and conservatives.

Republican legislatures in many states promote gerrymandering, which hurts Democrats massively, not only in the state governments, but also in setting up House of Representatives seats. An example is Florida, which used to have four Congressional seats that favored African American representation, but now has been halved to two such districts.

Fewer people regularly vote nationally for Republicans, but they have near to a majority even before the election in 2022 for the House of Representatives, and it is likely they will control the lower house of Congress despite having fewer total popular votes nationally.

Also, the US Senate has a situation in which Republican Senators, presently half the Senate, are elected by a population of about about 142 million Americans, while Democrats, presently the other half of the Senate, are elected by a population of about 184 million Americans!

So 60 percent of the nation’s population is being underrepresented, while 40 percent is overrepresented.

The idea that Wyoming has two US Senators with only about 600,000 people, while California with nearly 40 million peoples has two US Senators, is an abomination, but simply has evolved that way over time, so the US Senate is anti democracy to the extreme!

Additionally, the Electoral College favors the small, mostly Republican states, this despite the Democrats winning the national popular vote seven of the last eight Presidential elections, from 1992 through 2020, with the one exception of 2004!

So the idea of democracy is under attack, and the right wing Federalist Society has managed to “fix” the Supreme Court, with a strong 6-3 margin, with only Chief Justice John Roberts able to be considered, most of the time, as “moderate”.

So a constitutional crisis exists, with white supremacists working to insure that American democracy fails completely as we reach the 250th anniversary of the Declaration of Independence in 2026!

Women Democratic Governors And Nominees Work To Insure Abortion Rights In Midterm Elections

The Democratic Party has a substantial number of women governors, and women gubernatorial nominees, who would insure that abortion rights would be restored or kept as they are, despite the Supreme Court move against abortion rights in June!

This includes the following Governors:

Laura Kelly of Kansas
Janet Mills of Maine
Gretchen Whitmer of Michigan
Michelle Lujan Grisham of New Mexico
Kathy Hochul of New York

Also, the following gubernatorial nominees:

Stacey Abrams of Georgia
Diedre Dejear of Iowa
Nan Whaley of Ohio
Nellie Gorbea of Rhode Island

And three open seats with Democratic women nominees:

Katie Hobbs of Arizona
Maura Healey of Massachusetts
Tina Kotek of Oregon

At this point, the odds would favor all five sitting Governors to be reelected; a tough battle for four nominees against sitting governors; and excellent possibilities for three open seats women nominees.

The elections most likely to gain attention are:

Gretchen Whitmer of Michigan
Stacey Abrams of Georgia
Nan Whaley of Ohio
Katie Hobbs of Arizona

An Amazing Week For Joe Biden And Democrats!

The past week has been an amazing time for Joe Biden and the Democrats!

Many are saying it is the best week of Joe Biden’s Presidency, and accomplished by “Reconciliation”, meaning just on a party line vote in the US Senate.

All Democrats were finally united, and Vice President Kamala Harris cast the tie breaking vote against united Republican Party opposition to the Inflation Reduction Act, taking action on climate change, taxes, and health care.

While this is much less than the proposed “Build Back Better” proposals of a year ago, it is still seen as a major piece of legislation, and many observers have declared that, along with earlier legislation, it makes Joe Biden in many ways the most accomplished President on passage of major bills since Lyndon B. Johnson!

But also, in the past week, there was major job growth of more than a half million, double what was expected, and the job losses in the pandemic have now been totally wiped out!

The veterans health care legislation, to deal with exposure by millions of veterans to burn pits during their military service, finally was passed after a temporary reversal by many Republicans, but forced by criticism to reverse their negative votes.

Also, the successful elimination of Al Qaeda leader Ayman al-Zawahiri by action of the Central Intelligence Agency in Afghanistan was a significant action, for which the President gains kudos.

Also, gas prices have dropped for six weeks, and more than a dollar over that period, so in many areas below $4 a gallon.

And finally, the decision of Kansas voters to insure abortion rights remain in their state constitution is a major victory that will have an effect on the fight to overcome the Supreme Court’s horrendous decision in Dobbs V Jackson Women’s Health Organization on June 24!

Abortion Rights Fails In US Senate, And So Called”Supporters” Collins And Murkowski Bail!

Abortion Rights has failed in the US Senate, by a vote of 49-51, not surprising, but two so called “supporters”, Susan Collins of Maine and Lisa Murkowski of Alaska, bailed on the legislation on technical grounds, along with Democratic Senator Joe Manchin of West Virginia!

Basically, both Senators showed they talk the talk but do not walk the walk.

So it seems certain that women will lose their rights to their own bodies’s autonomy, and there will be botched abortions and suicides rapidly increasing!

This is extremely tragic as women’s rights are going backwards, and yet, at this point, nothing can be done to stop it, unless by miracle, the Supreme Court backs away from its draft decision from February.

This would require Chief Justice John Roberts to influence at least one of the five Justices in the majority, likely either Brett Kavanaugh or Amy Coney Barrett, to join him and the three Democratic appointments on the Court.

But there is no way to know if Roberts might in the end join the five other conservatives, and make the final vote in June 6-3 instead of 5-4!

Conservative Counter-Revolution Against 20th-21st Century Constitutional Law!

America is facing a conservative counter-revolution against 20th-21st Century Constitutional law!

We have Supreme Court Justices and their right wing ideologues who wish to bring back the 18th century Constitutional Convention of 1787, a time when women were totally under the control of their fathers, husbands, or other male relatives.

They also want to bring America back to a time when African Americans were slaves, or if that is not tenable, then back to the era of segregation and lynching.

They also want to bring America back to a time when interracial marriage and gay marriage were forbidden.

They also want to bring America back to a time when there was no right of privacy, because such a term was not mentioned in the Constitutional Convention or in the document produced for ratification in 1787.

The concept of originalism is preposterous, that all constitutional law since 1787 is null and void unless it applies to the exact language adopted 235 years ago!

It would put America back to a time when democracy was only for white male Protestants of property!

This battle is one that must be fought all the way to victory, as otherwise, how is America any different than an authoritarian dictatorship, run with the backing of powerful corporations and wealthy people, and based on the concept of theocracy, allowing so called “religious” values to dictate the lives of 330 million Americans?