American Constitutional Law

Supreme Court Future At Stake In Presidential Election Of 2024!

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Never has the future of constitutional law ever been more in danger than it is now in 2024, with a right wing extremist Supreme Court majority in process of reversing many of the constitutional advances promoted by the Warren Court and its successors.

President Joe Biden has brought to our attention the reality that it is highly likely that there will be at least TWO Supreme Court appointments in the next Presidential term.

This blogger and author believes, however, that it could, potentially, be up to FOUR appointments, not just two!

Four members of the present Court, based on age and Court longevity, may be leaving the Court by 2028!

Right wing extremists Clarence Thomas and Samuel Alito are seen as likely to retire after being on the Court for 33 and 18 years and being in their mid 70s.

Sonia Sotomayor has health issues, and is reaching 70, after 15 years on the Court, and may leave.

And Chief Justice John Roberts, on the Court for 19 years, will reach 70 early in 2025.

So the whole future of the Supreme Court is at stake in a massive way!

Supreme Court Reputation At All Time Low!

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The Supreme Court of the United States once was the most highly honored government institution, with a reputation of having the highest ethics, and beyond politics!

However, the Roberts Court, in place now for 18 years since 2005, has lost all credibility, as it has struck out against basic constitutional rights relating to women, race, and sexuality, and has promoted a gun culture; advocated religion (Christianity) over civil rights; and worked to limit voting rights.

The two Bush appointees—Clarence Thomas (George H. W. Bush), and Samuel Alito (George W. Bush) have become the most horrendous, narrow minded Supreme Court Justices of the past century, more so than Antonin Scalia and William Rehnquist, in their negative influence on constitutional law.

Roberts himself, who is so concerned about the negative image of the Court, has been unwilling to promote the concept of ethics reform, despite the clearcut scandals of both Thomas and Alito, but also including himself and even some by other Court members.

So Roberts, the 17th Chief Justice in American history, will not have a great historical reputation in the future, and the Court’s misbehavior will lead to a move to change the future of the Court, including, possibly, future expansion of the Court; or term limits for future Justices; and mandated ethics reforms when and if the Democrats can have solid control of the legislative agenda in some future Congress, hopefully sooner rather than later!

Roberts, himself, has already served as Chief Justice longer than most of that select group of 17, and it would be a good situation if he, with 18 years; Alito with 17 years; and Thomas with 32 years (12th longest of all Supreme Court Justices) were to retire soon, but that is very unlikely to occur anytime soon!

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

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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!

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

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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?

Republicans And Conservative Supreme Court Will Suffer By Attack On Abortion Rights!

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The Republican Party and the majority Conservative Supreme Court will suffer massively by their attack on Abortion Rights!

Vast numbers of Americans, and particularly women, will not sit idly by and allow a woman’s right to choose to be taken away without a massive negative reaction at the polls in 2022 and beyond!

It will be like the California Republicans who passed legislation in the form of Proposition 187 in 1994 under Republican Governor Pete Wilson to deny undocumented immigrants any rights to health care and education, with that legislation delayed and then declared unconstitutional, but with the Republican Party having committed suicide in the process.

So the California Republican Party, except for a few Congressional seats and a small number of state legislative seats, have been in the wilderness for the past quarter century, insuring that California is strongly Blue.

The Supreme Court under Chief Justice John Roberts will lose all credibility, and will damage the instition of the judiciary long term.

The Roberts Court will not go down as an outstanding, fair minded Court as with Chief Justice Earl Warren (1953-1969), and respect for the Court will decline rapidly.

If John Roberts has his scruples, he needs to work behind the scenes to convince Brett Kavanaugh and Amy Coney Barrett to reject the extremist view of Clarence Thomas and Samuel Alito!

By all rights, both men should recuse themselves from the Roe V Wade challenge, as they should never have been allowed on the Court with their extremist views!

Both Thomas, appoinated by George H. W. Bush, and Samuel Alito, appointed by George W. Bush, were and are outside the mainstream of American constitutional law!