Amy Coney Barrett

Bush One (Clarence Thomas) And Bush Two (Samuel Alito) Justices Are Out Of Control, Abusing Their Positions!

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The Supreme Court yesterday delayed a decision on the FDA approved drug for abortion (Mifepristone) access, sending the case back to the 5th Circuit Court, but with eventual decision by the Supreme Court.

The idea of ending access to a drug approved more than 20 years ago, based on right wing and religious dogma, is infuriating, as there should never have been any challenge to a drug that has been deemed safe and effective for a generation.

It is also disturbing that the two Bush appointees to the Court—Clarence Thomas by George H. W. Bush, and Samuel Alito by George W. Bush–dissented in the decision to keep the drug operative until later consideration.

Both Thomas and Alito are clearly the most extremist right wing Justices of the past century of time, even more than Antonin Scalia, and Thomas is also corrupt with his abuse of his position to accept gifts and favors from wealthy conservative activists, making him someone who should be impeached and removed from the bench.

These two Justices besmirch the reputation of the Supreme Court. And Alito went further in his dissent on this matter, criticizing three female Justices in the process, including Sonia Sotomayor, Elena Kagan, and shockingly, Amy Coney Barrett, accusing them of hypocrisy by name!

This gives a potential hint that by so doing this unseemly criticism of the three women justices, that they might, very well, join with Ketanji Brown Jackson (who was not on the Court until ten months ago) and Chief Justice John Roberts, to uphold Mifepristone access long term!

The Supreme Court Opens Its Most Controversial Term In Decades!

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Today is the opening day of the Supreme Court term, and it likely will be its most controversial term in decades.

With a solid right wing tilt of six Justices, the Court seems likely to go against public opinion on many areas of constitutional law, including

Affirmative Action
Gay Rights
Voting Rights
Environmental Regulations
Religion
Free Speech
The Powers of State Legislatures

Public opinion image of the Supreme Court has dropped dramatically, and there have been massive negative reactions to the Dobbs v Jackson Women’s Health Organization decision in late June which declared abortion unconstitutional, nearly 50 years after Roe V Wade was decided in 1973.

The minority liberals on the Court, specificially Sonia Sotomayor and Elena Kagan, have been very outspoken in their criticism of the extremist agenda of the present Court, the most conservative, by far, since the 1920s!

There is much to fear as basic constitutional rights are being eliminated, it seems, with glee, led by Justice Samuel Alito (appointed by George W. Bush) and Clarence Thomas (appointed by George H. W. Bush), but joined in by the three Donald Trump appointees (Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett) in most decisions, leaving Chief Justice John Roberts almost as an outsider, having little impact on trying to tame, to some extent, the rightward swing of the Court!

The only good news is the coming to the Court of Ketanji Brown Jackson, the first African American female in the history of the Supreme Court, and the fact that all three liberals now on the Court are women, along with Amy Coney Barrett.

But the future of constitutional law is in danger from the extremist agenda of the majority, an alarming situation!

Two Republican Majority Courts Supported Abortion Rights, But Not Now In 2022!

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In the case of Roe V. Wade (1973), decided by 7-2, Abortion Rights for women was made federal law, with five of the seven votes being Republican appointments:

Harry Blackmun (Nixon)
Warren Burger (Chief Justice) (Nixon)
William Brennan (Eisenhower)
Potter Stewart (Eisenhower)
Lewis Powell (Nixon)

In Planned Parenthood V. Casey (1992), a later case on abortion, with some limits, the decision was 5-4, with all 5 in the majority being Republican appointments:

Sandra Day O’Connor (Reagan)
Anthony Kennedy (Reagan)
David Souter (HW Bush)
Harry Blackmun (Nixon)
John Paul Stevens (Ford)

All of these Republican appointed Justices were considered to be “conservatives” in their time frame, although Blackmun, Brennan, and Stevens came to be seen as “liberals’ over time, and O’Connor, Kennedy, and Souter came to be seen as “moderates”.

The definition of “conservative” has changed dramatically in the past half century, so all of the Republican Justices would be seen by right wing Republicans in 2022 as “RINOS”, Republicans In Name Only!

In 2022, in Dobbs V. Jackson’s Women Health Organization, all six Republicans voted to end abortion rights, although Chief Justice John Roberts wanted only further limitations on abortion, and therefore dissented while joining the other five Republicans.

These appointments were by two Presidents who lost the popular vote when they were elected by the Electoral College, along with Clarence Thomas appointed by George H W Bush.

Thomas and Brett Kavanaugh both had charges of sexual impropriety brought against them, while Neil Gorsuch gained a place on the Court that was meant for Barack Obama appointee Merrick Garland, and Amy Coney Barrett replaced the recently deceased Ruth Bader Ginsburg just a week before an election in which Donald Trump lost by 7 million votes to Joe Biden, who should have been allowed that appointment.

Supreme Court Has Waged An Extremist Right Wing Attack On Women!

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In 1973, Roe V Wade, giving women the right of abortion, was decided by a 7-2 vote, including five Republican Supreme Court Justices: Harry Blackmun, Chief Justice Warren Burger, William Brennan, Potter Stewart, Lewis Powell.

In 1992, Planned Parenthood V Casey, was decided by a 5-4 all Republican vote, including Republican Supreme Court Justices Sandra Day O’Connor, Anthony Kennedy, David Souter, John Paul Stevens, Harry Blackmun.

The draft opinion on abortion, written by Justice Samuel Alito, and said to have a 5-4 vote, was leaked last night, and it is an extremist right wing attack on women, taking away completely the right of abortion, including even having no exceptions for rape, incest, or life of the mother!

If this draft opinion is not changed by the end of the Supreme Court term, it has declared war on a woman’s ability to control her own body, and will lead to increased deaths by botched abortions, as was the case before 1973!

This bombshell report of what is likely to happen flies in the face of more than 70 percent of public opinion being in favor of abortion rights being retained after nearly 50 years of that right being affirmed!

Also, the fact that four of the five Supreme Court Justices in the majority of this opinion were chosen by Presidents who LOST the popular vote–George W. Bush in 2000 and Donald Trump in 2016–is very disturbing!

Also, the Republican denial of the appointment of Merrick Garland in 2016, while allowing the appointment of Amy Coney Barrett in 2020, both election years, but a double standard on appointment, is outrageous!

The concept of established law, “Stare Decisis”, and “precedent” as part of Supreme Court history may be going by the wayside with this extremist Court!

And poor women, and particularly minority women, will be the ultimate victims, and poverty and abuse will become the norm more than ever!

Only about 25 nations ban abortion, and most of the Western world will look at the United States as a pariah on women’s rights, if this Court decision goes through, as there are already plans for the Republicans to try to promote a nationwide ban on abortion if they control both houses of Congress and the Presidency in the future!

The need for the vast majority of women, and men who understand the importance of preserving the rights of women to control their own destiny, to become engaged in the midterm elections six months from now, is urgent!

A First For Supreme Court: Four Women, Two African Americans, And One Hispanic Justice!

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With the confirmation of Ketanji Brown Jackson to the Supreme Court, we have a first for the Court:

Four women—Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson.

Two African Americans—Clarence Thomas and Ketanji Brown Jackson

One Hispanic Justice—Sonia Sotomayor

Considering that the Supreme Court has had 108 white males out of a previous 115 appointments, this is a massive change, well needed and timely!

Highly Qualified Ketanji Brown Jackson Makes Republican Senate Critics Look Ridiculous!

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The Senate Judiciary Committee hearing going on today in Washington DC is a mockery of the process, as Judge Ketanji Brown Jackson is making her Republican critics look ridiculous.

Particularly outrageous are Senators Josh Hawley of Missouri, Ted Cruz of Texas, Mike Lee of Utah, Lindsey Graham of South Carolina, and Tom Cotton of Arkansas.

These Senators had no issue with the qualifications of Amy Coney Barrett, whose qualifications and intellect were far less than those of Jackson.

Clearly, racism is rearing its ugly head, as the concept of an African American woman becoming the first ever on the Supreme Court, after 108 white men have been on the Court, and four white women, and two African American males, and one Hispanic woman.

The Supreme Court Reputation Reaching An All Time Low

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The US Supreme Court is in a crisis, as its reputation in public opinion polls, and among Supreme Court “watchers”, is reaching an all time low, not matched since the late 1920s and early 1930s.

The Court has never been as right wing in substance as it is now, since a century ago, and even going further back to the late 19th century Gilded Age era.

The Supreme Court’s reputation was glowing in the time of the Warren Court (1953-1969) and even moving forward to the Burger Court (1969-1986), and still having an image of balance in the era of the Rehnquist Court (1986-2005).

This was due to the reality that many Republican appointees to the Court, including the following, avoided hardline conservativism:

Eisenhower–Earl Warren, William Brennan
Nixon–Warren Burger, Harry Blackmun
Ford–John Paul Stevens
Reagan–Sandra Day O’Connor, Anthony Kennedy
HW Bush–David Souter

These eight Justices made a massive difference in enunication of Supreme Court opinions.

Sadly, George H W Bush’s appointment of Clarence Thomas, and George W. Bush’s selection of Samuel Alito, veered the Court far to the right, and Donald Trump’s three appointments—Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett—have continued that trend.

The fact that Thomas and Kavanaugh have been connected to accusations of sexual harassment, and that Alito, Gorsuch, Kavanaugh, and Barrett were chosen by Presidents who lost the national popular vote, and that Gorsuch took a seat that was meant for Barack Obama’s nominee, Merrick Garland, and that Barrett was confirmed for the Court less than two weeks before the national election—only adds to the fury and disgust felt about the Supreme Court!

This has, reportedly, disturbed Chief Justice John Roberts (2005- ), whose historical reputation is being damaged, as he has moved, personally, from being conservative to attempts to create a moderate balance on the Court. Sadly, it is not working, so there are some rumors that he might retire from the Court after 17 years as its leader, as that is about the norm for most of the 17 Chief Justices in Amerian history, with the exception of John Marshall (1801-1835) and his successor, Roger Taney (1836-1864).

That would be a major step forward, to retire, and allow Joe Biden to pick a Chief Justice, which has not happened for a Democratic President since Harry Truman in 1946!

Supreme Court Once Again Stands Up To Presidential Assertion Of Executive Privilege, And Limits It!

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The Supreme Court of the United States for the third time in 48 years has stood up to a President who asserted “Executive Privilege”, and was smacked down by a court including members appointed by the President who was involved in the Court case.

First, we had US V Nixon in July 1974, having to do with Richard Nixon and the Watergate tapes, which the Court unanimously, 8-0, ordered them handed over to the Watergate Special Prosecutor and the House Judiciary Committee. This led within weeks to the resignation of Richard Nixon. Associate Justice William Rehnquist recused himself from the case, appropriately, as he had worked earlier in the Nixon Justice Department, but the other three Nixon appointees, Chief Justice Warren Burger, and Associate Justices Harry Blackmun and Lewis Powell, joined the unanimous decision.

Next, we had Clinton V Jones, 1997, which involved the issue of whether Bill Clinton could be required to testify in a civil trial while in office, a case brought by Paula Jones against Governor Clinton for sexual harrassment. The Court unanimously, 9-0, including his two appointees, Ruth Bader Ginsburg and Stephen Breyer, ruled that he had to give testimony, and this helped to lead to his impeachment in 1998. So there was no immunity from civil law litigation for acts done before taking office, and unrelated to the office.

And now, we have Trump V Thompson, a lawsuit brought by Donald Trump against the January 6 House Committee investigation of the January 6, 2021 Insurrection, in the name of Chairman Bennie Thompson. So documents to show the series of events leading to the Insurrection are now to be made available to the House committee, as it investigates the wrong doing of the 45th President. This is a major victory, and all three Trump Supreme Court nominees—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—voted with the majority 8-1, with only Clarence Thomas in oppostion.

This is a conflict of interest by Thomas, who should have recused himself, as William Rehnquist did in the Nixon case. Since Thomas’s wife was involved in the planning of the January 6 Insurrection, encouraging lawlessness, this should be grounds for removal of Clarence Thomas from the Supreme Court, highly unlikely, but would be appropriate!

The Supreme Court Majority Is Becoming Very Outspoken, Controversial In Actions And Statements!

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The Supreme Court of the United States is supposed to be a nonpolitical body, that balances the law and the Constitution.

Of course, there are, and always have been, so called “liberals” and “conservatives” on the Court throughout its history, but the present Supreme Court with six conservatives and three liberals is badly unbalanced, and it is clear that the Court is the most extreme one sided to the conservative side that it has been since the 1930s, nearly a century ago!

There are three appointments to the Court by Donald Trump (Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett); two appointments by George W. Bush (John Roberts, Samuel Alito); and one appointment by George H. W. Bush (Clarence Thomas).

There are already ethical and moral problems with Brett Kavanaugh and Clarence Thomas, regarding their behavior and treatment of women in their past; and Amy Coney Barrett was rushed through to confirmation more rapidly than normal after the sudden death of Ruth Bader Ginsburg, so that Donald Trump had one more appointment close to the Presidential election, which should have been left to the winner of the election, which turned out to be Joe Biden.

Also, a majority of the Court was chosen by Presidents who lost the popular vote in 2000 and 2016, although the two Bush II appointees actually came in the second term when Bush II did win the popular vote.

And now, since the horrendous decision to allow the Texas antiabortion law to go into effect without a full hearing, taking away a constitutional right of women to control their own bodies, in effect since Roe V. Wade in 1973, the criticism of the Court’s action has led to Thomas, Barrett, and now Alito to issue political criticisms which are not appropriate for Supreme Court Justices. They should NOT be making public statements, no matter what they are thinking, but they clearly are on the defensive and have politicized the Court by their utterances, as well as their actions.

It is not surprising, therefore, that the reputation and public opinion rating of the Supreme Court has declined radically in the last few years, and particularly in the present year of 2021!

The Supreme Court is moving far to the Right as the nation is clearly moving to the Left, in a nation in which the white majority is rapidly declining, and will be the minority (under 50 percent) by 2045 at the latest.

So a constitutional crisis is at hand, and there is the danger of a future 7-2 conservative Court, with Stephen Breyer refusing to consider retiring at age 83, claiming he does not plan to die on the Court. This is a preposterous statement, and could end up denying Joe Biden any Supreme Court selection if a Democratic Senator dies or is incapacitated, or if the Senate goes Republican in the midterm Congressional Elections of 2022!

Chief Justice John Roberts Has Lost Control Of The Supreme Court, And His Own Reputation Is At Stake!

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The Supreme Court is in crisis, as its reputation, and that of its leader, Chief Justice John Roberts, is at stake!

It is now the most rightwing Supreme Court since the 1920s and early 1930s, as extremism has taken over an institution which is supposed to be moderate centrist!

Past Chief Justices, including John Marshall, Charles Evans Hughes, and Earl Warren, had the ability to impact other members of the Court, and convince them to work toward moderation!

But John Roberts has clearly lost control of a Court which includes three Donald Trump appointees, with only the first choice, Neil Gorsuch, coming across as lacking in controversy outside of the fact that he became the replacement for Antonin Scalia, instead of Barack Obama’s choice, Merrick Garland!

Brett Kavanaugh has a cloud over his head and reputation as a sexual abuser, much like Clarence Thomas, appointed by George H. W. Bush thirty years ago, and having a deleterious effect on the Court for three decades!

And Amy Coney Barrett is clearly not Justice material, and her extreme religious swing to the far Right has besmirched the memory of Ruth Bader Ginsburg. Had she been still on the Court, she would have prevented the atrocious decision of the Court to back the disgraceful Texas abortion law that now Attorney General Merrick Garland is suing to prevent the loss of a constitutional right for women to control their own bodies!