Supreme Court

Supreme Court DNA Ruling An Attack On Privacy Rights

Ronald 27 Comments

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

Ronald 1 Comment

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!

More Years Of Education, And Yet High Levels Of Ignorance In America Persist!

Ronald 9 Comments

More Americans have graduated high school and attended and graduated two and four year programs at colleges and universities, and yet high levels of ignorance persist in the most advanced nation in the world, or are we?

Examples abound:

40 percent of Americans are not even aware of the signature achievement of the Obama Presidency, what the critics have labeled “ObamaCare”! And some think the Congress repealed it, and others think the Supreme Court declared it unconstitutional!

21 percent believe a UFO landed in Roswell, New Mexico, in 1947, and the government has covered it up!

14 percent believe in a monster called Big Foot, that it really exists!

65 percent cannot name even one Supreme Court Justice, not even the Chief Justice, when there are constant references to the “Roberts Court” in the news media!

30 percent cannot name who the Vice President of the United States is, and this has been shown on David Letterman many times!

35 percent do not know which century the American Revolution occurred in, and many cannot name who we fought in the Revolution!

6 percent do not know when Independence Day is, cannot find it on the calendar.

Many Americans cannot find any state of the Union on a geography map, or name the continents!

Many do not know who American fought in World War II, or point out where Korea, Vietnam, Iraq or Afghanistan are on the map, despite the fact that many Americans died in these wars.

Many Americans would be unable to pass the basic citizenship test all immigrants must pass, even though we are all insistent that they must know information many of our citizens born here do NOT know!

And many Americans persist in believing that Barack Obama is a Muslim, and think that Medicare is not a government program, when they say they do not want the government engaged in health care!

Many Americans do not know who their own Congressman or Senators are, and have no clue or understanding of the Constitution or Bill of Rights!

This is all very sad and disturbing, and makes one wonder about the “will of the people”, and their ability to make judgments about what American domestic or foreign policy should be!

Sandra Day O’Connor And Second Thoughts on Bush V. Gore: 12 Plus Years Too Late!

Ronald 11 Comments

Former Supreme Court Associate Justice Sandra Day O’Connor has indicated second thoughts about her vote in the infamous Bush V Gore case of December 2000, when the Court decided to intervene in the 2000 Presidential Election controversy between Al Gore and George W. Bush in Florida.

The Supreme Court decided that the vote recount ordered by the Florida State Supreme Court should be halted, giving the victory to Bush, and leading to his election by the miniscule margin of 537 votes, and making him the Electoral College winner by 271-266.

Now, O’Connor has expressed regret that the Court did something it had no precedent to do, decide the election results in a closely competitive contest by far less than one percent of the vote. Where does it state in the Constitution that the Supreme Court should so intervene? The state Supreme Court should have been the final determinant, and possibly, Bush would have won anyway, but at least the Supreme Court would not have done what was a revolutionary precedent!

It could be that O’Connor feels guilt because she is well aware of the disasters that occurred under George W. Bush, and the beginning of the attempt to change his historical image, through the opening of his Presidential Library this week in Dallas, Texas.

We will never know whether Al Gore would have been a better President, but it is hard to believe that he would have been worse than Bush turned out to be!

The Film “42” About Jackie Robinson A Brilliant Portrayal, And Reminder Of How Much Is Left To Do About Discrimination!

Ronald 2 Comments

The new film that made its debut this past Friday, “42”, about the challenge faced by the first African American player in major league baseball, Jackie Robinson, 66 years ago tomorrow, is a brilliant portrayal of the racism and prejudice faced by Robinson, and how he overcame it with brilliant performance and tremendous personal dignity.

It is a good lesson for the many people in America who have no personal memory of Jackie Robinson, with many not even knowing who he is, due to our poor education in the field of history and public affairs, causing many Americans to have no clue on the past, as well as present day issues.

We are now in the midst of another massive revolution on the issue of acceptance of sexual orientation, which has caused just as much, if not more, violence and mistreatment of gays and lesbians over many years, than even that faced by the African American, Hispanic and Latino, Asian American, Jewish, and Catholic population, as each group has struggled to be treated equally under the law.

The issue of discrimination against gays and lesbians is reaching its peak, as the Supreme Court will soon determine the issue of gay marriage rights, and at the same time, bullying and actual physical attacks on gay and lesbians has been encouraged by so called “religious” preachers who claim to be true believers, but with the reality that their ancestor preachers promoted racism and bigotry in the past generations of American history against the various ethic and religious groups mentioned above.

But the pace of progress is moving forward, as it did for other groups, and no matter what the Court decides, change is coming to America, and will not be stopped by bias, prejudice, and narrow mindedness!

And this includes the likelihood of organized sports, which took a long time to integrate, soon to see gay athletes declare themselves, and start to change the image of narrow mindedness of American sports, and the conclusion that everyone should be judged by their performance and skills, not their religion, race, ethnicity, gender, or sexual orientation!

Republicans Double Down On Anti Gay Stand: Long Range Move To Oblivion!

Ronald 26 Comments

The Republican Party’s National Committee has decided that they will double down on their anti gay stand, just at a time when the nation is rapidly accepting gays as equals in every way, including the civil right to marry.

This is a losing proposition, as within the next ten years, the GOP will look like a dinosaur culturally, as the nation is moving away from narrow mindedness, prejudice, discrimination, and the bullying that goes on, encouraged by lack of concern for and respect for the rights of those with a different sexual orientation. And gay marriage is being considered right now by the Supreme Court, and no matter what they decide in June, the momentum is with movement in that direction.

Senator Rob Portman of Ohio and Senator Mark Kirk of Illinois are the only two sitting GOP Senators who have endorsed gay marriage, although former Senators Lincoln Chafee of Rhode Island, Dan Evans of Washington, Chuck Hagel of Nebraska, Larry Pressler of South Dakota, Lowell Weicker of Connecticut, and Olympia Snowe of Maine have also backed gay marriage.

A number of College Republican groups, and s few Republican members of the House of Representatives. along with prominent former Republicans Governors, including Jon Huntsman, Tom Ridge, Jesse Ventura, Tom Kean, James Thompson, William Weld, and Christie Todd Whitman have also supported gay marriage.

Additionally, many other non elected Republicans have signed statements calling on the Supreme Court to accept gay marriage as constitutional everywhere in America!

When we look back by 2025 to 2030, the Republican Party will have paid a heavy price for their refusal to adjust to changing times, and to their decision to allow organized religion to dictate social policy, in a nation that is based on the Founding Fathers’ promotion of the separation of church and state!

The Bush V. Gore Attorney Rivals Now On Same Side For Gay Marriage

Ronald 4 Comments

It is ironic that the two attorneys joining forces to fight for gay marriage and call for the rejection of Proposition 8 in California and the Defense of Marriage Act are rivals who fought the case for the 2000 Presidential election contest in the Supreme Court between George W. Bush and Al Gore.

Now, Ted Olson and David Boies are working together after Olson won the case for George W. Bush, but both of them, one Republican and one Democrat, felt that the case for gay marriage was so strong that they were willing to overcome their rivalry, and fight for a basic human right, the right to marry, for all people, not just straight but gay as well!

It demonstrates that there is a case for both Republicans and Democrats, conservatives and progressives, to join together on an issue of fairness, equality, equal protection of the laws, and basic civil rights.

The gay marriage and gay rights movement could not have finer advocates for their cause than these two brilliant attorneys!

No Matter What Supreme Court Decides On Gay Marriage, Republican Party Is On Wrong Side Of History!

Ronald 29 Comments

The Supreme Court may decide to deal with the issue of gay marriage in a very narrow sense, rather than a broad sense, due to the possibility that Antonin Scalia, Clarence Thomas, and Samuel Alito may influence Chief Justice John Roberts and Associate Justice Anthony Kennedy to join their side, as they do about 70 percent of the time.

But no matter what happens, the Republican Party will suffer, since the momentum of history is moving the nation toward acceptance of gay marriage, with young people having no problem accepting it, and senior citizens, a majority of whom oppose it, soon to be gone from the scene. And the Republican Party officeholders caving in to their conservative evangelical Christian base will marginalize them very soon.

It is interesting that Republicans NOT in office, more than 100 of them, have endorsed gay marriage, while only Ohio Senator Rob Portman has been willing, among Republican officeholders, to back the concept. So such hate mongers and extremists as Bryan Fischer, Gary Bauer, Ralph Reed, and Tony Perkins hold undue sway over the party, and the effect will be that the GOP will be unable to compete on an even basis for the Presidency and the Senate, although they may be able to hold on to the House of Representatives, due to gerrymandering which helps to set up rural districts that will continue to resist cultural change.

But again, in the long run of history, the Republican Party is painting itself into a corner, and burning their bridges behind them, as the population changes and social attitudes become more tolerant.

Justice Harry Blackmun (1973), Justice Anthony Kennedy (2003), And The Likelihood Of Transformative Moment In Constitutional History Again!

Ronald 10 Comments

Associate Justice Harry Blackmun was a THIRD choice of President Richard Nixon for the Supreme Court in 1970 after rejection of Clement Haynesworth and G. Harrold Carswell, and Blackmun went on to make history in 1973, in authoring the decision in Roe V. Wade, arguably the most important decision in modern times on women’s rights!

Associate Justice Anthony Kennedy was a THIRD choice of President Ronald Reagan in 1988 after rejection of Robert Bork and Douglas Ginsburg, and Kennedy went on to make history in 2003, in authoring the majority opinion in Lawrence V. Texas, arguably the most important decision in modern times on gay and lesbian rights!

Are we about to see another transformative moment in the Court’s history and in constitutional history, with the upcoming case on gay marriage, being argued tomorrow and Wednesday, with Kennedy believed likely to continue to support gay advancement, and the hope that he will bring along Chief Justice John Roberts, who has a sense of history, and already showed leadership and courage in backing ObamaCare last June?

Many experts believe the Supreme Court will broadly back gay marriage, although they could just do a narrow decision on Proposition 8 in California, and on the Defense of Marriage Act as an alternative.

But this decision, if broadly based, could be of similar impact, as Loving V. Virginia was on interracial marriage in 1967, or Brown V. Board Of Education was on racial integration of public schools in 1954!

Gay Marriage Acceptable To Majority In New Washington Post-ABC News Poll

Ronald 22 Comments

It is now clear that the American people recognize that homosexuality is not a choice, but is the way some people are born,

58 percent of those polled thought gay marriage should be legalized, as compared to 36 percent who disagreed with the concept.. The numbers have almost exactly switched in the past ten years.

Among young people, support is at an all time high of 81 percent, with 50 percent of the elderly against it. And a small majority of Republicans and Independents under the age of 50 support gay marriage, although 70 percent of Republicans over the age of 65 oppose it, down from 80 percent.

Overall, 72 percent of Democrats, 62 percent of Independents, and 59 percent of Republicans support gay marriage.

Overall, 62 percent of all polled feel that the Supreme Court should decide the issue of gay marriage on a national level and based on the US Constitution, not allowing state by state, much like the Loving V. Virginia case on interracial marriage decided the issue nationally in 1967.

This week, what could be the most dynamic case of the Court in many years will be argued on the constitutionality of the Defense Of Marriage Act of 1996, and Proposition 8 of the state of California. The decision could transform American society in a dramatic way!