Anthony Kennedy

Time For Supreme Court To Intervene, And Overturn Trump Executive Order On Travel Ban

Ronald 3 Comments

A federal District Court judge has stopped the Trump executive order travel ban for the time being, but it is being appealed by the Trump Administration, meanwhile causing chaos, as the future of the order is uncertain.

It is time for the American Civil Liberties Union and other groups to appeal to the Supreme Court, and find at least one Justice willing to put his or her neck out to use their influence to stop the travel ban permanently, and have the entire Supreme Court consider the ban immediately.

I would propose that Justice Ruth Bader Ginsburg, the true hero of progressivism, do so, and force the issue.

We know that Trump hates Ginsburg, and has tried to bully her into retirement, but she is a tough lady, who will not be intimidated.

But it would be perfect for the 84 year old Justice, who is less than 5 feet tall, to challenge BULLY Trump, and give his executive order a “Punch in the Mouth”!

Of course, no one can be sure what the eight member Court would do, but it seems highly likely that besides Ginsburg, we would have Stephen Breyer, Sonia Sotomayor, and Elana Kagan join her, making for at least a tie vote.

And somehow, it seems also likely that the “swing vote” on the Court, Justice Anthony Kennedy, would also join these four Justices, making for a 5-3 vote.

So bring it on, Ruth Bader Ginsburg, intervene and make for a confrontation with Donald Trump!

The Changing Supreme Court In 2017: A Move To The Left That Will Last To The 2040s Or Beyond!

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With the reality that Democrat Hillary Clinton has a clear lead for the Electoral College, the likelihood of a liberal majority Supreme Court seems more certain in 2017 and beyond.

News that Justice Clarence Thomas might retire at age 68 in the next year is encouraging in that regard, but even if he does not, as his wife has just contended, the likelihood is of FOUR appointments to the Court outside of Thomas, with two of them (Antonin Scalia dead and Anthony Kennedy retiring) being a movement to the left, making at the least a 6-3 Court by 2020. If Thomas also leaves, it would be a 7-2 Court, which would have a long range effect to the 2040s or beyond!

The Supreme Court has had a Republican and conservative majority for 44 years, since 1972, so it is about time to right the balance and make for a revival of the Chief Justice Earl Warren Court, which had an effect for 16 years, and continued to influence, if not control the Court, with the extended service of Justice William Brennan and Justice Thurgood Marshall.

Fortunately, Justice Harry Blackmun, Justice John Paul Stevens, and Justice David Souter, all appointed by Republican Presidents, often joined the few liberals left on the Court, and prevented the Court from going even further Right than it did in those 44 years.

But there is a desperate need for a tilt to the left on so many issues, so that is the most important reason for the election of Hillary Clinton to the White House in November!

Barack Obama’s Supreme Court Solution: Choose Former Republican Supreme Court Justice Sandra Day O’Connor On One Year Term!

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The Republican majority in the US Senate have made clear that they will not hold hearings, or in any fashion, consider the nomination of anyone selected by President Barack Obama to replace Associate Justice Antonin Scalia on the Supreme Court, leaving the membership at eight for over 400 days, until a new President has been inaugurated and chosen a successor.

There is not much that can be done about this in reality, except that it should convince those who support the Democrats to come out in droves and insure that Hillary Clinton or Bernie Sanders is elected President.

It is, certainly, another issue in the campaign for the national elections, and since Republicans are split around Donald Trump, it gives an advantage to the Democrats, if only they can convince voters not to sit home, when either Hillary or Bernie lose the Presidential nomination to the other over the next few months.

But Barack Obama could put the Republicans in a box if he were to nominate a former member of the Supreme Court, chosen by Ronald Reagan, to return to her seat which she gave up ten years ago, not because of her own health, but because her husband had Alzeheimers, and she wanted to take care of him.

Were it not for that, O’Connor, with 25 years on the Court, could be close to the all time record of service of Justice William O. Douglas, who served 36 years from 1939-1975.  Her age is not an issue, as Justice John Paul Stevens was on the Court until age 90 and Justice Oliver Wendell Holmes a few months older but still age 90.

Yes, O’Connor will be 86, but she would be capable of serving for a year, and her record shows she would be a balancing influence, much like Justice Anthony Kennedy, not a certainty to vote with conservatives or with liberals on the Court.

This way, she would be able to help the Court do its work, serve her country, and leave after a new President made his or her appointment shortly after inauguration.

One can be sure that O’Connor would do her duty for her country, as she is highly honored already.  And Associate Justice Charles Evans Hughes came back to the Court as Chief Justice 14 years after leaving the Court in 1916.

So the best solution is for Obama to request that O’Connor agree to return, and it will put the Republicans in an awkward situation if they refuse to allow it!

Many Presidents Have Made Court Appointments In Last Year Of Term Or Presidency

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The Republican Party is making the preposterous argument that a President, in his last year in office, should not be able to make an appointment to the Supreme Court, when history tells us otherwise.

Just because a President is finishing his time in office does not mean that he has no authority to do his job, which includes appointing judges and Justices!

And what about Presidents running for reelection, with the possibility that he might not be reelected?  Does that mean every President in the last year of any Presidential term should lose his powers to make appointments to the federal judiciary?

History tells us otherwise as witness the following:

George Washington 1796 –two appointments

Thomas Jefferson 1804–one appointment

Andrew Jackson 1836–two appointments, including Chief Justice Roger Taney, who remained on the Court for 28 years

Grover Cleveland 1888–two appointments, including Chief Justice Melville Fuller, who remained on the Court for 22 years

Benjamin Harrison 1892–one appointment

William Howard Taft 1912–one appointment

Woodrow Wilson 1916—two appointments, including the controversial, longest battle, to put Louis Brandeis on the Supreme Court

Herbert Hoover 1932–one appointment (Benjamin Cardozo)

Franklin D. Roosevelt 1940–one appointment  (Frank Murphy)

Ronald Reagan 1988–one appointment (Anthony Kennedy)

Additionally, Presidents have made appointments to the federal district and circuit courts when in the last year in office (Reagan 26 and 7; Clinton 37 and 9; Bush II 26 and 6; Obama 4 and 4).

And from 1947 to 2014, 416 District Court and 79 Circuit Court appointments have been made in Presidential election years.

So the Republican Party has no case for why Barack Obama should not be able to make an appointment, other than that they do not want a liberal replacing a conservative, and bringing the end of the 44 year conservative and Republican dominance on the Court.

But the answer to that is to stop being a crybaby and accept that your reign of dominance is coming to an end, and not too soon.

It is time to move into the 21st century of constitutional law, rather than dwell in the 19th century Gilded Age mentality of the conservatives on the Supreme Court!

 

 

Long Term Political Projections For 2016 And Beyond!

Ronald 1 Comment

As 2016 arrives tomorrow, some long term projections for the upcoming year politically.

Next December, we can see how accurate these projections are:

Donald Trump will NOT be the Republican Presidential nominee, and he will lose both the Iowa Caucuses and the New Hampshire Primary.  He will be a sore loser there, and will announce a third party movement, but will win NO states in November, but take away votes from the Republican nominee, similar to Ross Perot in 1992.

The Republican nominee for President will be Senator Marco Rubio of Florida, who will select Ohio Governor John Kasich as his Vice Presidential running mate.

Hillary Clinton will win the Democratic Presidential nomination, and will select Ohio Senator Sherrod Brown as her running mate for Vice President to blunt the effect of Ohio Governor John Kasich as the Republican Vice Presidential nominee.  And remember Ohio is the crucial state historically in the Electoral College, as NO Republican has won the White House without Ohio!

Hillary Clinton will become the 45th President of the United States , and Sherrod Brown will become the 48th Vice President of the United States, winning by a substantial margin in the Electoral College, keeping the 242 electoral votes of 18 states (Maine, Vermont, Connecticut, Massachusetts, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Delaware, Illinois, Michigan, Wisconsin, Minnesota, Washington, Oregon, California, Hawaii) and the District of Columbia, PLUS the following “swing states”—Ohio (18); Virginia (13)–thus insuring an Electoral College majority of 273 when 270 are required;  but also, in addition, the following:  Colorado (9); Iowa (6); Nevada (6); New Mexico (5); New Hampshire (4)–a total of 25 states and 303 electoral votes.

The only loss for the Democrats will be Florida, which will go to Rubio, a home state favorite, and taking away 29 electoral votes, from the 332 of Barack Obama in 2012 to the 303 of Hillary Clinton.  So Hillary Clinton will win 25 states, instead of the 26 that Obama won in 2012. The final electoral vote will be 303-235.

Hillary Clinton will name Vice President Joe Biden her Secretary of State.

Hillary Clinton will gain the opportunity to select FOUR Supreme Court nominees in her four year term, as follows:  Ruth Bader Ginsburg,  Antonin Scalia, Anthony Kennedy, Stephen Breyer–but of course, this cannot be proved to be correct until that next four year term is completed!

The US Senate will go back to the Democrats, gaining the seats up in Florida, Ohio, New Hampshire, Illinois, Wisconsin, Pennsylvania, and Missouri, going from 44 seats plus two Independents (Maine, Angus King; and Vermont, Bernie Sanders) to 51 plus 2, effectively 53 seats to 47 for the Republicans, from the present 54 seats for the GOP.  Senator Chuck Schumer of New York will be the Senate Majority Leader as a result.  The President Pro Tempore position will go back to Vermont Senator Patrick Leahy, the longest serving Senator with 42 years and another elected term beginning in 2017.

The US House of Representatives will go from 247 Republicans to 188 Democrats, to a gain of 17 seats, and a new total of 205 Democrats and 230 Republicans.  Congressman Paul Ryan of Wisconsin will remain Speaker of the House of Representatives.

So the line of succession will be President Hillary Clinton; Vice President Sherrod Brown; Speaker of the House Paul Ryan; Senate President Pro Tempore Patrick Leahy, followed by the cabinet officers, beginning with Joe Biden.

We shall see in a year how accurate my prognostications are!  Happy New Year 2016!

Run, Joe, Run! Arguments For Joe Biden To Announce For President!

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The death of Joe Biden’s son, Beau Biden, on May 30, seemed to clinch that Joe Biden would NOT run for President, and would decide to spend more time with his family 18 months from now, when his Vice Presidency comes to an end.

Being that he will be 74 by Election Day in 2016, it would seem to make sense that it would be time for Joe to “hang up his cleats”, and end his brilliant 44 year public career.

But now, the hints are strong that Joe Biden will NOT give up on being President, as it is said that his dying son urged him to go for what he has wanted all of his life.

It seems likely now that Joe Biden might announce his candidacy in August, and he seems to have strong support and a “Draft Biden” movement is actively recruiting suppoort.

It might seem surprising that after the loss of his beloved son, that Joe would decide to run, but one must understand that politics is his lifeblood!

One has a feeling that if he decides not to run, that he might still seek a role in the next Democratic administration, most likely that of good friend Hillary Clinton.

Somehow, the thought of Joe and Hillary openly setting out to destroy each other seems unlikely, just as Bernie Sanders has been very careful in his criticism. This is NOT the Republican Party, where everyone has knives out to destroy all opponents. A race of Hillary, Joe and Bernie could be the most civil race imaginable, and do a lot of good for the nation, setting a standard of decent behavior while seeking the Presidency. This is something everyone who has any intelligence and class should wish for and want!

And as much as Hillary has great experiences, and Bernie has great principles and decency, who can argue that Joe is not even better qualified, and has a genuineness, an authenticity that cannot be matched by any other candidate?

After all, Joe has had 44 years of experience, unmatched by ANYONE! He knows how to get along with the opposition, and is well liked and respected by Republicans who may disagree on policy, but really admire the guy! He has been invaluable as Vice President, and has great impact on policy. He is seen as the second most influential Vice President in American history, after Walter Mondale under Jimmy Carter.

Senator Lindsey Graham of South Carolina just voiced the thought of how great a guy Joe is, how it is not possible for anyone not to like and admire him, even if totally disagreeing on policy! And remember that Graham is a potential Presidential opponent!

Joe is a very talented leader who led on the fight against Supreme Court nominee Robert Bork in 1987, causing Anthony Kennedy to be on the Court and be involved in the gay rights and gay marriage cases, which Bork would never have supported. And Biden came out for gay marriage before Barack Obama, pushing him into support that might not have happened otherwise!

Joe is often right on foreign affairs, and told us ten years ago that Iraq should be three nations–Kurds, Shiite, and Sunni areas, and he has been proved right on that.

Joe is perceptive, visionary, and as a person, he is lovable, really caring about people, always ready with a big smile and a kind word! It recently came out that Joe encouraged a young man years ago who had trouble with stuttering, as Joe did when he was young, and now that man is telling all of us the impact Joe had on his life, giving him encouragement, and has published the handwritten letter Joe sent him a long time ago that changed his life! This is very inspirational stuff, no question about it, as Joe is very SPECIAL!

Sure, he has faults, such as sometimes “stupid” statements and too much “hands on” with women in public situations, but the important point is that there is no hint that he is anything but loyal to his wife, Dr Jill Biden. And no one is more devoted to his family, including his children and grandchildren.

No one who meets Joe has ever seen him as other than a “good guy”, and he has the enthusiasm about public affairs and public policy of a Hubert H. Humphrey!

His age is not a factor if we are considering so many others in both parties who are in their 70s or near 70, as Hillary Clinton is, for example.

There is no good argument for Joe against running, and if he loses the nomination, he will be gracious in defeat, and willing to help the next President at, who knows, maybe being Secretary of State or some other important position, as hie knowledge base and his experience make him useful into the future.

Joe Biden is not the past; he is the present and the future, and let us wish good luck in his likely quest for the Presidency, and whatever happens, he will have given it a “good fight”!

That Was The Week That Was: June 19-26, 2015 Most Significant Single Week In Many Years For Positive Change!

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Who would ever have imagined that in one week’s time, we would witness three events that would transform American society as the week from June 19 to June 26, 2015?

Two days before that transformational week, nine African American Bible Class men and women in a church were slaughtered by a young man who had so much hate and racism in his body and mind that human life meant nothing to him, a tremendous tragedy for Charleston, South Carolina; for the nation at large; and for the nine families who lost their loved ones.

Nothing much more negative could have been imagined to occur regarding race relations in America, which have been in crisis with recent killings by police of African American men in many different locations around the nation.

But the the miracle week began!

The relatives of the nine murdered Bible Class men and women confronted the mass murderer who had done the dirty deed, and they all expressed to him that they forgave him for his sin, unimaginable behavior witnessed on television, amazing the whole nation.

The fact that this young mass murderer had used the Confederate flag as a symbol of his hatred and racism spurred the call for removal of the Confederate flag from the monument at the Columbia, South Carolina state capital, as well as elsewhere in the South.

Governor Nikki Haley, a Republican, called for the legislature to consider removal, and State Senator Paul Thurmond, the son of racist former Senator, Governor and 1948 States Rights Party Presidential nominee Strom Thurmond, said the flag must come down. While it did not come down in time for the funerals of the nine victims, the movement was on to remove it, and we saw other Southern states remove the symbol, including Alabama, an unbelievable thought a few days earlier. It looked likely that the Confederate flag had met its doom on public property everywhere, although citizens would still have the freedom to wear and display the Confederate symbol openly.

Then, as the week went on, the Supreme Court, controlled by a conservative majority, which had moved to the right politically by recent decisions during the Obama years, including the Citizens United decision in 2010 and the Voting Rights limitation case of 2013, suddenly took a noticeable turn to the left, with Reagan appointed Justice Anthony Kennedy supporting ObamaCare and same sex marriage, and Chief Justice John Roberts, appointed by George W. Bush, siding for the second time on ObamaCare.

Suddenly, ObamaCare was finally established in a manner that would make it impossible to repeal, and it insured that Barack Obama’s signature achievement would last in the manner that Social Security came to be under Franklin D. Roosevelt, and Medicare came to be under Lyndon B. Johnson.

And suddenly, after a long, hard fought battle over gay rights and gay marriage, the civil and human right to marry became guaranteed for gays and lesbians, as much as interracial marriage was insured by Supreme Court decision 48 years ago in 1967 in Loving V Virginia.

And with all this, Barack Obama also had victory on the Trans Pacific Partnership trade deal, despite a major split with liberals in his own Democratic Party.

And then, even more inspiring was Barack Obama’s amazing eulogy of the pastor/state legislator killed by the young mass murderer. It reminded us of his great oratorical abilities, and the eulogy coursed through our beings and gave all decent people a chill up the spine, symbolically!

No President has had a week of such massive victories and achievements in many decades, and to have the Confederate flag being brought down was the icing on the cake!

So that was the week that was, which will be written about by scholars in future generations, as a miraculous week hard to match or surpass!

Anthony Kennedy, The Third Choice Of Ronald Reagan For The Supreme Court In 1988!

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President Ronald Reagan had the misfortune of having two Supreme Court nominees rejected near the end of his term, and forced to choose someone else for the Court.

His nomination of Robert Bork, and then, Douglas Ginsburg, and his selection of Anthony Kennedy in their place in 1988, was a moment of tremendous historical importance.

With either Bork or Ginsburg, it is almost certain, if not so, that gay rights and gay marriage would not have accomplishes the majority votes in 2003, 2013, and now 2015, granting gays and lesbians complete equality, including the right to marry!

The importance of one man and one vote is clear cut, as under our system, the Supreme Court, much more than we realize, has a majority of one vote on significant cases, and that one vote majority transforms America for good or for evil.

One vote on the Court decided Bush V Gore in 2000; one vote on the Court decided the Citizens United Case in 2010; one vote on the Supreme Court decided the dramatic weakening of the Voting Rights Act in 2013.

And the historic importance of Anthony Kennedy cannot be underestimated, as he has been the swing vote on the Court since Sandra Day O’Connor left the court ten years ago. Often, he has sided with the conservatives, but about one third of the time with progressives, as in these various gay rights cases.

Kennedy has had great courage, and he will suffer mightily with denunciations, death threats, and need for Secret Service protection, from right wing crazies who will wish him dead for his role in changing American society permanently.

Anthony Kennedy is truly a profile in courage and principle, and will play a positive role in the history of human rights, when this era we are living in, is written about in future generations!

Gay Marriage Finally National: The Advancement Of Human Rights Reaches A New Pinnacle Of Social Justice!

Ronald 17 Comments

On June 28, 1969, the Stonewall Inn, a gay restaurant and nightclub in Greenwich Village in New York City, was raided by police, leading to a large scale riot. It was the beginning of the gay rights movement, the struggle against oppression.

46 years have passed, and on June 26, 2015, the Supreme Court upheld the right of gays and lesbians to marry everywhere in the United States, a path breaking advancement in human rights, reaching a new pinnacle of social justice. It makes America a more perfect democracy, promoting equality and liberty for another class of citizens who have faced oppression. It is a tremendous expansion of human rights and social justice!

America is a better nation for this fantastic development, and much credit is due to several people, including:

Then San Francisco Mayor Gavin Newsom, who was the first chief executive to promote gay marriage in California, and officiate at many gay weddings n 2003. He is now Lieutenant Governor of California, and likely successor to Governor Jerry Brown in the next gubernatorial election in 2018.

Ted Olson and David Boies, opposing attorneys in the Bush-Gore Presidential battle in 2000, who pursued the constitutional case promoting gay marriage, helping to lead it to Supreme Court decision yesterday.

Associate Supreme Court Justice Anthony Kennedy, who wrote the majority opinion in four crucial Supreme Court cases, in 2003 (Lawrence V Texas), two in 2013 (Hollingsworth V Perry) and (US V Windsor), and yesterday (Obergefell V Hodges) Without him, none of this advancement of gay rights and gay marriage could ever have occurred. Interestingly, all four of these cases were decided on June 26, of those years, 2003, 2013, and 2015!

The history of the gay rights movement is yet to be written, but it will be seen as part of the great movement forward as evidenced by the abolitionist crusade against slavery; the woman suffrage movement; the civil rights movement; the labor union movement; the environmental movement; the disability reform movement; the promotion of a safety net as represented by Social Security, Medicare, and now ObamaCare; and the immigration reform movement!

“Third Choice” Supreme Court Justices And Path Breaking Decisions On Abortion And Gay Marriage!

Ronald 6 Comments

As the Supreme Court hears arguments today in the case of Obergefell V. Hodges, the gay marriage case, we are on the brink of a massive constitutional decision by the last day of June on this matter.

It now seems clear that the right to gay marriage in all of the states will be declared constitutional by a 5-4 or 6-3 vote, with Associate Justice Anthony Kennedy, and possibly, Chief Justice John Roberts, joining Associate Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

The likely author of the upcoming decision should be Justice Kennedy, who has created a majority on three earlier gay rights cases decided by the Supreme Court, but even if not so, Kennedy is the person insuring that gay marriage will become the law of the land!

And this reality brings up an interesting situation: Justice Kennedy was the THIRD CHOICE for the Supreme Court of President Ronald Reagan, after the rejection of Robert Bork and Douglas Ginsburg, and if either had been confirmed by the US Senate, gay rights now would likely not be occurring as rapidly as it has been!

And it also fact that Associate Justice Harry Blackmun, selected by President Richard Nixon, after the rejection of Clement Haynesworth and C. Harold Carswell, the THIRD CHOICE, was the author of the momentous Roe V. Wade decision of 1973, legalizing abortion!

So it turns out that “third choice” Supreme Court nominees Harry Blackmun and Anthony Kennedy have had historic effects on two controversial issues that have divided the nation, but also move the nation forward on women’s rights and gay rights!