Supreme Court

America At Crossroads On Race, Gender, Ethnicity, Religion, Sexual Orientation, Class

After recent events in Florida on racial profiling; in Texas and other states on abortion restrictions; in Arizona and other states on legislation regarding undocumented immigration; the push for theocracy by the Religious Right; the move in many states to allow discrimination against gays and lesbians in employment; and the growing chasm between workers and management regarding labor rights and conditions, it is clear that America is at a crossroads on issues of race, gender, ethnicity, religion, sexual orientation, and class!

African Americans, women, Latinos and Hispanics, those for separation of church and state, gays and lesbians, and the middle class and the poor face constant attack on their basic rights and their quality of life, as the Right is moving to curb advancements that have been made over the past 60 years since the time of Dwight D. Eisenhower onward by the Supreme Court, Congressional action on civil rights and civil liberties, and courageous Presidents of both parties who have seen the need to lower the barriers on race, gender, ethnicity, religion, sexual orientation, and class!

We are at a crossroads in the constant struggle for American democracy and fair play, as even when progress is made, there is aggressive action to reverse the progress, trying to wipe out what has been accomplished!

The country is changing, but we have negative elements who are trying to return America to what it was many generations ago, and the fight for continued progress and advancement to a “more perfect Union” is a never ending one, and no one can give up their participation in the struggle, as that only advances the movement toward negativism, regression, and reversal!

Analyzing The Ten “Less Than One Term” Presidents: Kennedy And Ford Stand Out!

America has had 43 men serve as President of the United States over the past 224 years since George Washington was inaugurated in 1789. Ten of those Presidents, however, served less than one full term in office.

Of those ten, two served less than a year each—William Henry Harrison, one month; and James A. Garfield, six and a half months.

Of those ten, five served between 16 months and 34 months in office—Zachary Taylor, 16 months; Warren G. Harding, 29 months; Gerald Ford, 29 and a half months; Millard Fillmore, 32 months; and John F. Kennedy, 34 months.

The remaining three Presidents served more than three years, but less than four, as successors to the Presidency during the term—Chester Alan Arthur, 41 and a half months; Andrew Johnson, 46 and a half months; and John Tyler, 47 months.

Five of these ten Presidents died in office—Harrison, Taylor, Garfield, Harding, and Kennedy, with Harrison, Taylor and Harding dying of natural causes, and Garfield and Kennedy being assassinated.

One President succeeded after the resignation of the sitting President, Ford after Richard Nixon left office facing an impeachment trial due to the Watergate Scandal.

Five of these Presidents finished the term of the previous President—Tyler, Fillmore, Johnson,. Arthur, and Ford, and none were elected to the White House.

Which of these Presidents made a difference?

John Tyler brought about the acquisition of Texas during his time in office, along with the Webster-Ashburton Treaty with Great Britain, dealing with Canadian boundary issues.

Millard Fillmore brought about the delay of the Civil War by his agreement to sign the Compromise of 1850, and sent Commodore Matthew Perry to open up Japan to the Western world, although by the time Perry made contact with Japan, Franklin Pierce had become President.

Chester Alan Arthur signed into law the first Civil Service Reform bill for the federal government, the Pendleton Act.

Warren G. Harding pardoned Socialist Party leader Eugene Debs from prison for having violated the Espionage and Sedition Acts during World War I; and an important treaty, the Washington Naval Agreements, was negotiated by his Secretary of State, Charles Evans Hughes, the future Chief Justice of the Supreme Court in the 1930s.

John F. Kennedy was the most accomplished, responsible for actions promoting civil rights; negotiating the Nuclear Test Ban Treaty; promoting the Peace Corps; advancing the US Space program to land a man on the moon; and avoiding nuclear war during the Cuban Missile Crisis.

Gerald Ford pardoned Richard Nixon, which undermined his popularity, but is now seen as having been the correct action to move the country away from the Watergate Scandal; resolved the Magaguez Affair with Cambodia, with the successful return of the hostages of that US Navy ship by direct action of the US Marines; and appointed long time Associate Justice John Paul Stevens to the Supreme Court, a great influence on the Court for 35 years.

The three shortest term Presidents had little impact, with only Garfield regarded as a major loss, since his education and his accomplishments, both politically and intellectually, made him seem a person who might have had a dramatic effect on the Presidency, had he lived to serve a full term.

The leading tragedy of these ten “less than one term” Presidents clearly was Andrew Johnson, who pursued a confrontational policy with Congress, showed intense racism in his approach to the issue of how African Americans should be treated in the post Civil War South, and faced impeachment and trial (which was unjust), but was caused to a great extent by his horrible relationship with the Republican majority in both houses of Congress.

If one was to rank where these ten Presidents belong in ratings in history, one just needs to look at the C-Span poll of 42 Presidents by 64 scholars, conducted in 2009 as George W. Bush left office.

What we find is the following rankings:

Kennedy—-6
Ford—22
Garfield—28
Taylor—29
Arthur—32
Tyler—35
Fillmore—37
Harding—38
Harrison—39
Johnson—41

Of course, listing Harrison and even Garfield may seem silly to many, since their tenure in office was so short, but it is interesting that Garfield’s potential and promise as a possible full term President is the idea now being promoted by scholars, who see him as a particularly tragic loss.

In the long run, it is clear that Kennedy and Ford will always stand out as the two best “less than one term” Presidents, with Garfield’s potential also significant, and otherwise, Tyler, Fillmore and Arthur having the greatest impact in their times. Harrison and Taylor had little impact, mostly remembered for their military exploits as President. Harding is still regarded as the worst President of the 20th century, particularly because of the massive political scandals in his administration, and Johnson is just seen as a total disaster, only standing above hapless full term President James Buchanan, so Harding and Johnson are seen as “failures”!

So this is the analysis of our ten “less than one term” Presidents!

Irony: Bush V. Gore Attorneys Joined Together To Win Gay Marriage Case In California!

It is extremely ironic to realize that the opposing attorneys in the infamous Bush V. Gore case, which George W. Bush won over Al Gore in the Supreme Court, making Bush the 43rd President of the United States, have now triumphed in the most significant civil liberties decision in recent memory, the case against Proposition 8 in California.

This victory in the Supreme Court last month allowed the revival of gay marriages in the most populous state in the Union, with about one out of every eight Americans!

That case, along with the case that declared the Defense of Marriage Act unconstitutional for its discrimination against gay couples who wished to marry, will stand out in the history of civil rights and civil liberties in America.

And these two heroes are Ted Olson, who represented George W. Bush, and David Boies, who represented Al Gore, and now are joined together in a case that will go down in history as just as important as the Bush V. Gore case, and possibly more so, as the long range effect of winning gay marriage in the Supreme Court is massive!

The Westboro Baptist Church And The Funerals Of 19 Arizona Firefighters

The infamous Westboro Baptist Church of Topeka, Kansas, consisting of about 50 people, mostly family members, who have picketed funerals of Iraq and Afghanistan War soldiers, is now threatening to picket the funerals of the 19 courageous Arizona firefighters killed this week in the worst loss of firefighters since September 11, 2001.

That despicable church has used their sick, hateful tactic to protest the reality of homosexuality, arguing that war losses and deaths of firefighters is all due to God visiting his wrath on America for accepting the existence of gay men and women.

The Supreme Court a few years ago ruled that what the Westboro Baptist Church does is freedom of speech and assembly, but that such demonstrations must be far enough away so as not interfere with such somber events.

But this kind of conduct, while it might be legal, is reprehensible, and makes one say: “Enough is enough!”, and will hopefully lead to a strong counter demonstration that will shout down any awareness of the fact that these sick people are even present anywhere near the respect that is due to those courageous firefighters, as much as war veterans killed in combat!

Sad Independence Day: Reality Of Assault On Rights Of Women, Gays, Immigrants, African Americans, And Those Less Fortunate

As we celebrate the 237th Independence Day, and appreciate what ir represents, there is an unprecedented attack going on in many states and among Republican members of Congress to take away the hard earned rights of various groups of vulnerable Americans, and to deny the freedom and liberty that the Declaration of Independence, the Constitution, and the Bill of Rights represents!

Women’s right to their reproductive lives and their fundamental health are being assaulted by Republican state legislatures and Governors in a rapid, non transparent way, and shutting off opposition in states including Texas, Ohio, North Carolina at present, and in other states in the recent past, including Virginia, North Dakota, Arkansas and Kansas!

The attempt to deny equality of rights and privileges to gay Americans is in full swing in many of the “Red” or Republican states, and the level of hate against these groups by political and religious spokesmen is unprecedented!

The fight against dealing with the presence of immigrants who would have to meet strict standards to move toward citizenship, and with increased border security and building of a wall between Mexico and the United States, is in full swing, including assault on the courageous Republicans trying to resolve this issue in a fair and just manner, including Senator Marco Rubio of Florida, who has been subjected to extremist Tea Party types who have declared war on him.

The move of many Southern states toward creating new barriers for people to vote, with the aim to cut the vote of minorities, the elderly, the disabled and college students, is in full swing forward since the Supreme Court ruled that there was no more racism or discrimination in voting in those states, when it is clear what the motivation of those states really is! The states of Virginia, South Carolina, Mississippi, Alabama, Arkansas and Texas are already, rapidly, working toward new restrictions, free to do so, in their minds, because of what the Republican Supreme Court majority did last week!

And, of course, 23 states, at least, are refusing to expand Medicaid for those less fortunate, who have no health care coverage as things stand, except in emergency situations in emergency rooms, at a much more costly fee, and not necessarily available to all!

So the battle for freedom, human and civil rights, justice, and equality continues, even as we can celebrate the great experiment of the United States, seen as a paragon around the world, but still needing a lot of work to bring about the “more perfect Union”!

21 States Are Refusing Federal Funding To Expand Medicaid Coverage To The Needy In 2014!

21 states, all “red” Republican states, and governed by Republican Governors and legislatures, are refusing to expand Medicaid coverage for the the needy in their states for 2014, even though the federal government is covering the cost 100 percent for the first three years, starting next year, and 90 percent after that until 2020!

So millions of needy people will have no ability to have health care coverage under ObamaCare, as the Supreme Court gave the states the authority to decide if they wished to accept the Medicaid coverage expansion from the federal government.

Republicans, who claim to be “pro life” are willing to risk the lives of those less fortunate, including children, the elderly, and the poor, and yet they all claim to be “religious”, but are not acting with the compassion of Jesus Christ, particularly when the states have no cost for three years, and very little cost after!

So the following states have rejected this coverage:

Virginia
North Carolina
South Carolina
Georgia
Florida
Alabama
Mississippi
Louisiana
Texas
Oklahoma
Kansas
Nebraska
South Dakota
Idaho
Montana
Wyoming
Utah
Missouri
Wisconsin
Maine
Alaska

These states are governed by such “Bully” Governors as Bob McDonnell of Virginia; Nikki Haley of South Carolina, Rick Scott of Florida, Rick Perry of Texas, Bobby Jindal of Louisiana, Scott Walker of Wisconsin, and Paul LePage of Maine–all totally despicable in their lack of concern for their less fortunate constituents!

Additionally, six other states are still debating whether to accept Medicaid expansion paid by the federal government, including the following:

New Hampshire
Ohio
Indiana
Michigan
Pennsylvania
Tennessee

This means Republican Governors, including John Kasich in Ohio, Rick Snyder in Michigan, and Tom Corbett in Pennsylvania, are actively working to deny coverage to their poorer populations!

Only 23 states, including Republican Governors Chris Christie in New Jersey, Brian Sandoval of Nevada, Susana Martinez of New Mexico, and Jan Brewer or Arizona are following through on commitment to the needs of their less fortunate, and those four Governors are to be commended, particularly Brewer in Arizona, who had a complete reversal in her view!

What a terrible state of affairs when conservatives and Republicans have no concern about those who are living but deprived, while at the same time, fighting to prevent abortions and force women to undergo ultrasound testing if they wish to end an abortion in the 24 weeks period allowed in the Roe V. Wade case. Additionally, North Dakota, Arkansas, Ohio and Texas, among other states, are trying to cut back, or have already done so, the amount of weeks of pregnancy in which a woman can have an abortion, and doing so in legislative sessions that are more run like a dictatorship, than a democratic means of passing legislation!

150th Anniversary Of Battle Of Gettysburg: Turning Point Of Civil War!

A century and a half ago, on July 1, 2, and 3, 1863, the greatest battle of the Civil War occurred in Gettysburg, Pennsylvania, the furthest north the Confederate armies of the South ever managed to reach during the war!

About 50,000 casualties occurred in those three days, and only on July 3 was it clear that the Union Army had triumphed, but at great cost!

This author has visited the Gettysburg historic site with his older son, and we were both sobered by the reality of that battle, and the amount of blood that was shed, and the ghosts that many claim still haunt the battlefield and the homes nearby that date back to that time period.

President Abraham Lincoln commemorated the loss of life in November of that year, and the commitment to human freedom, that those who fought on the Union side died for, while acknowledging the bravery and commitment of the Confederate soldiers who died in that sleepy Pennsylvania town 150 years ago!

This is a time to commemorate those who died and were wounded, and keep the commitment to human freedom and legal equality that is always under challenge in the modern world, both outside our nation, but sadly also still being an issue that divides Americans, and even the Supreme Court!

Proud Day Of Civil Rights 49 Years Ago, And Now Backtracking On Lyndon B. Johnson!

49 years ago today, President Lyndon B. Johnson had his proudest moment in office, signing the Civil Rights Act of 1964, and then following up with the Voting Rights Act of 1965.

Finally, the tragedy of the years after 1877, the end of Reconstruction, was being rectified, 88 and 89 years after African Americans in the South were abandoned by the Republican Party in preference to an alliance with big business and industry committed to economic aggrandizement, and political insensitivity to not only African Americans, immigrants, women, children and even native born men that made up the industrial labor force, exploited until the Progressive Era started to rectify the worst evils of industrial capitalism!

And now, a half century later after Lyndon B. Johnson, it is the Republicans on the Supreme Court who are allowing unbridled capitalism to be seen as “people”, and in the process corrupting the system again, including victimizing all of the groups above, and negating the protection of minorities, the poor, elderly and college students in the states that had a long history of discrimination in voting rights, and now will have open access to do it once again, as if the civil rights era never occurred!

The Supreme Court majority is attempting to negate the Warren and Burger Courts in the great progress they made toward social justice and legal equality for oppressed groups, and this is a tragedy that will continue to emerge until and when Democratic Presidents can select more members of the Court to replace aging Justices, including Antonin Scalia and Anthony Kennedy.

But sadly, the impact of Chief Justice John Roberts and Associate Justices Clarence Thomas and Samuel Alito, the legacy of the two Bush Presidencies, is likely to continue for the long haul, and set back the nation on so many issues over the years to come!

Women On The Supreme Court: Their Impact Is Massive!

So far, we have had four women on the Supreme Court in its history:

Sandra Day O’Connor (1981-2006), appointed by Ronald Reagan
Ruth Bader Ginsburg (1993- ), appointed by Bill Clinton
Sonia Sotomayor (2009- ), appointed by Barack Obama
Elena Kagan (2010- ), appointed by Barack Obama

All four have had a massive effect on the Court, and made one wonder what it would be like if the Court was made up of only women, which of course will never be the case.

However, the likelihood of more Justices who are women seems bright, and when Ginsburg leaves at some time in the future (with her being 80 years of age), it would seem appropriate to replace her with another woman.

This, of course, did not occur when O’Connor left the Court, and we ended up with Samuel Alito, a sour puss who seems hostile to all three woman Justices, and at the least, shows publicly a lack of respect for them, highly regrettable and in reality, outrageous conduct unbecoming a Supreme Court Justice!

The only hope we can have about the Court is that the women will have an insidious effect and move the conservative men toward understanding issues that affect slightly more than half the population of the nation.

Sadly, at this point, Justices Alito and Clarence Thomas seem unreachable, and so we have a schizoid Supreme Court, arguably one of the most divided in its entire history, and that is bad for the nation, and for confidence in American government!

The “Never Ever” States On Gay Marriage Unless Supreme Court Mandates Acceptance Nationally

It is clear that unless, at some future time, the Supreme Court mandates acceptance of gay marriage nationally, as they did for interracial marriage in Loving V. Virginia in 1967, that states primarily Southern, Great Plains, and Mountain West will continue to resist it with a “never ever” attitude!

What is also in common, however, is that these are the states which promoted slavery, advocated racial segregation, and have led the fight to deny women equality, including the right to their own bodies and reproductive rights, all the while advocating how “religious” they are while promoting violation of human rights!

The states, based on public opinion, MOST stubborn on acceptance of gay marriage, are in order as follows:

Mississippi
Arkansas
South Carolina
West Virginia
Kentucky
Georgia
Utah
Louisiana
Nebraska
Alabama
Kansas
Oklahoma
Missouri
Wyoming
Idaho
Alaska

These states register between 13 and 40 percent support for gay marriage, a total of 16 of 23 states with negative view on gay marriage in public opinion polls.

Seven others are negative but above 40 percent and have potential for change, including in order from highest to lowest:

North Carolina
Montana
Florida
Wisconsin
South Dakota
North Dakota
New Mexico

It will be an interesting battle that will go on in all of these states, but IF the Supreme Court goes a step further in the near future, it will be a moot issue!