Anthony Kennedy

The Shame Of Alabama, The Republican Party And the Supreme Court On The 50th Anniversary Of The Selma To Montgomery March!

This weekend marks the 50th anniversary of the Selma to Montgomery March of 1965.

On this significant anniversary, three things are clear.

Alabama has NOT shed its image of bigotry!

The Republican Party, many of whose members supported the Voting Rights Act of 1965, is not sending anyone to commemorate this event. Late news reports indicate that former President George W. Bush and House Majority Leader Kevin McCarthy are to show up, but few other Republicans, and none other than McCarthy in the leadership of the GOP.

And the Supreme Court has contributed to the withering away of the Voting Rights Act by its 2013 decision permitting new voting rights restrictions!

Not only is racial discrimination still very obvious in Alabama and much of the South, but now Alabama is the center of a so called states rights struggle over gay marriage, with the state Supreme Court, headed by George Wallace like Chief Justice Roy Moore ordering that gay marriage be stopped, after a federal judge ordered it go forward, and with the Supreme Court poised to consider the case, which will be decided by June.

So prejudice, discrimination, and the false argument of states rights still reigns in the original home of the Confederate government!

And for the GOP to bypass major representation at this premier civil rights anniversary is to the shame of the party of Lincoln, TR, and Ike!

And for the Supreme Court and African American Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Associate Justice Samuel Alito, Associate Justice Anthony Kennedy, and Chief Justice John Roberts to promote a weakening of the Voting Rights Act two years ago, and see what it has wrought on voter suppression, is to the shame of the top Court of the land, which has not done its job to uphold the Constitution of the United States!

Supreme Court Accepts Same Sex Marriage Case: The Final Push For Marriage Equality Has Arrived!

The Supreme Court has finally accepted a same sex marriage case, to be argued in April, and decided by the end of June!

This will be a blockbuster case, coming at a time when 36 states already allow gay marriage, and the final push for marriage equality has finally arrived!

While there is no guarantee that the Supreme Court will rule in favor of same sex marriage, it is hard to conceive of the Court rejecting it at a time when all but 14 states have accepted it, as the momentum is clearly in favor of acceptance.

Beyond that, the odds are good that at least five members of the present Court would support it, enough to bring it about, but it would be desirable if the vote was greater than that thin margin.

Associate Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, all Democratic appointments of Bill Clinton and Barack Obama, are seen as assured votes.

Ronald Reagan appointee Anthony Kennedy is the typical “swing” vote, and has supported gay rights in the past, and most particularly, in the case of Lawrence V. Texas in 2003, so it is expected he will go the same direction again.

But there is a chance that Chief Justice John Roberts could join the majority, and some observers imagine that Samuel Alito could join, also.

And even some think that Clarence Thomas and Antonin Scalia, seeing the handwriting on the wall, might join and make it unanimous, which would be the most fantastic situation imaginable!

Imagine the extremist Christian Right bigots, and conservatives and Republicans, and how they will, figuratively, commit suicide if the Court rules in favor of same sex marriage!

It will transform the Presidential Election of 2016, as how could any Republican nominee come out and condemn the Court, and run on some crazy idea that he would lead a movement to overcome the Supreme Court decision?

Just the thought that many Republicans, including those running for President, will be squirming in public, is a source of delight, as human rights wins out once again!

The Supreme Court At A Crossroads

With the news that Associate Justice Ruth Bader Ginsburg had heart surgery to have a stent implanted, progressives shudder at thought of her possible demise at age 81.

A true liberal and champion of the downtrodden, Ginsburg refused to leave this summer, and now the US Senate is Republican controlled, so if something happens to her, the GOP will have major input into any Obama appointment to replace her, insuring the likelihood of, at best, a moderate appointee, no way as progressive as Ginsburg has been for the past 22 years.

It is clear that the next Presidential election will determine the long future of the Supreme Court, with the likelihood of multiple replacements of up to four Justices by 2020, including Ginsburg, Stephen Breyer, Antonin Scalia, and Anthony Kennedy, with all four being in their eighties by the end of the decade.

Meanwhile, the Court has crucial decisions to make by this June, including another challenge to ObamaCare, and the issue of finally resolving the gay marriage issue, with 35 states now allowing it, but a court case trying to upend it and reverse it.

These two decisions, along with some others, will have a lot to do with the final level of success or failure of the Obama Presidency, and it all falls on the health of Ginsburg, along with the hoped for support of Chief Justice John Roberts and Justice Kennedy, to join the four liberals on the Court to uphold both ObamaCare and gay marriage!

So the Supreme Court and its reputation is on the line in 2015, and after the Citizens United Case and the Voting Rights Case, the Court needs to redeem itself in some fashion, and this is the turning point for the long term for the image of the Supreme Court!

Justices Scalia, Thomas, Alito MUST Go!

Three members of the Supreme Court live in their own parallel world of the Founding Fathers and the Gilded Age and the 1920s, and refuse to consider modernization as a factor in their judicial judgments!

Antonin Scalia, appointed in 1986 by Ronald Reagan; Clarence Thomas, appointed in 1991 by George H. W. Bush; and Samuel Alito, appointed in 2006 by George W. Bush are a team of three, which has worked against gender equality,racial equality, fair treatment to immigrants, and gay rights, among other modern controversies.

Often, Chief Justice John Roberts joins them, and sometimes, but less often than Roberts, Justice Anthony Kennedy also joins to make a right wing five on the Court.

But Roberts and Kennedy have also taken stands with the four liberal justices on the Court lately–Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

It is time to demand that Justices Scalia, Thomas, and Alito adjust to modern times, or else leave the Court, and there is a dire need to have a constitutional amendment to limit the terms of all federal judges at all levels, to promote open mindedness and diversity, and allow for change after, at most 18-20 years!

Supreme Court Expands Gay Marriage Rights To Five States, And Probably Six More, By Decision Not To Challenge Circuit Court Decisions!

The nation is moving much closer to the eventual reality of gay marriage being accepted by the Supreme Court, probably in 2016.

It is clear there are NOT five votes to stop it from happening, as Anthony Kennedy very clearly has joined the four “liberal” Justices on that issue, based on his vote in Lawrence V. Texas in 2003.

Therefore, the conservatives on the Court have decided to, at the least, delay a final decision by allowing what has been approved by different circuit courts to stand as legal.

So now, Oklahoma, Virginia, Wisconsin, Utah, and Indiana must allow gay marriage as a result, raising the number of states to 24, but with six more states likely to added in days, including Wyoming, Colorado, Kansas, West Virginia, North Carolina and South Carolina, making a total of 30 states and 60 percent of the nation!

Additionally, the 9th Circuit Court of Appeals could rule similarly very soon, adding Alaska, Arizona, Montana, Nevada, and Idaho, making it 35 states.

The Religious Right will continue to promote hate and division, but they and right wing conservatives and Republicans will be repudiated for their stand, and in the long run, suffer dramatic decline in support, as they richly deserve to have happen to them, as they have shown the hypocrisy and falsehood of their religious and political philosophies!

The Supreme Court Of 2014 Most Right Wing Since Early 1930s!

The Supreme Court has been controversial at different times in its history, but the present Court of 2014 is considered the most right wing Court majority since the early 1930s!

Since the Warren Court, which began in the 1950s, we have never had such conservative Justices as we have now.

Three of the present Justices are among the most conservative ever to sit on the Court, including Justice Antonin Scalia, Justice Clarence Thomas, and Justice Samuel Alito.

If one adds former Chief Justice William Rehnquist and former Associate Justice Lewis Powell, we have the five most conservative Justice since 1953, a period of 60 years.

Not much behind is Chief Justice John Roberts and Associate Justice Anthony Kennedy, both capable of surprises in their votes and rulings, but still most of the time joining Scalia, Thomas, and Alito.

These seven named Justices were all picked by Republican Presidents–two by Richard Nixon; two by Ronald Reagan, plus his promotion of Rehnquist to the Chief Justiceship; one by George H. W. Bush; and two by George W. Bush.

But also, Republican Presidents have selected Justices who turned out to be quite moderate, and even sometimes liberal, including Chief Justice Earl Warren and Associate Justice William Brennan by Dwight D. Eisenhower; Chief Justice Warren Burger and Associate Justice Harry Blackmun by Richard Nixon; John Paul Stevens by Gerald Ford; Sandra Day O’Connor by Ronald Reagan; and David Souter by George H. W. Bush.

Since 1953, Republicans have controlled the White House for 36 years, while Democrats have had control for 25 plus years, and that has caused the right wing tilt of the Court, which could have been even more so, if not for the surprises presented by the seven “less” conservative, and some “quite liberal” Justices listed in the above paragraph!

So the Republicans have chosen 17 of the past 25 Justices since 1953, with John F. Kennedy picking two, but one (Byron White) turning out to be conservative, and Arthur Goldberg leaving the Court after only three years, due to the urging of Lyndon Johnson that he become United Nations Ambassador. Johnson selected Abe Fortas to replace Goldberg, but he stayed on the Court for only four years, and left the Court under the cloud of scandal. The first African American Justice, Thurgood Marshall, would go on to serve as a champion liberal for 24 years from 1967 to 1991.

Jimmy Carter would have no appointments to the Court in his four years in the White House, the only such situation in the 20th century, and one of only four Presidents to have had no appointments, but the only one to have a full term in the Presidency. The other three Presidents were William Henry Harrison (one month); Zachary Taylor (16 months); and Andrew Johnson (almost a complete term, but so unpopular that the Senate would not confirm any Court appointments in his time in office).

Bill Clinton selected Ruth Bader Ginsburg and Stephen Breyer; and Barack Obama has chosen Sonia Sotomayor and Elena Kagan as his appointments, so far, on the Supreme Court. So note that out of the eight appointments by Democrats in the Presidency, three have been women; five have been Jewish; one has been African American; and one has been Puerto Rican, with only Byron White being a typical white Anglo Saxon Protestant.

The question has now arisen whether Ginsberg, and maybe even Breyer, should retire, and guarantee that Obama could replace them, with the concern that the Senate might go Republican in November, making any Court appointment nearly impossible due to gridlock and stalemate. There is also fear that were the Republicans to win the White House in 2016, which is highly unlikely, that then the Court would be ever more right wing reactionary than it already is.

It is a calculated gamble for Ginsburg and Breyer to remain on the Court for now, but it is not uncommon for Justices to retire at very advanced ages–such as Blackmun at 85 and Stevens at 90!

So do not expect that either will retire, but with a good chance of Democrats retaining the Senate majority in 2014, or regaining it on the back of the Democratic Presidential nominee’s expected major victory in 2016!

Gay Marriage Case Likely On Way To Supreme Court For Ruling One Year From Now!

The issue of gay marriage is likely on its way to the Supreme Court, and almost certainly will be decided a year from now, in the most blockbuster case of 2015!

The Tenth Circuit Court of Appeals has declared gay marriage to be a basic right, and that means marriages can move ahead in the near future in Utah, which brought the case, along with Colorado, Kansas, Oklahoma, Wyoming and New Mexico!

There is a temporary hold, but it is a major step forward, and insures, almost certainly, that the case will go to the Supreme Court this fall.

And it is ALMOST certain that we will have a Loving V. Virginia (interracial marriage) case result next year, allowing gay marriage everywhere in America, whether religious right wingers like it or not! One must realize that no church or other religious establishment would have to promote it, but civil marriage would move forward.

The belief is that there are four certain supporters of gay marriage on the Court—Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

Additionally, Justice Anthony Kennedy was the one who decided the path breaking case of Lawrence V. Texas, which greatly expanded the gay rights movement in 2003!

And it is possible to believe that Chief Justice John Roberts could also add his vote, making the vote next June 6-3!

The Schizoid Supreme Court: All Based On Moods Of John Roberts And Anthony Kennedy!

It is clear that the Roberts Supreme Court is a schizoid body, sometimes doing what is right, and sometimes going totally wrong!

So the Roberts Court upheld the Affordable Care Act; gay marriage; and environmental regulations now–all attacks on states rights in these areas.

But at the same time, they have opened up the political system to corruption by billionaires with recent decisions; have weakened the Voting Rights Act; and have damaged affirmative action, believing that civil rights no longer is a major problem, just as we realize the extent of racism that still exists in America, despite having an African American President!

It all comes down to the mood of Chief Justice John Roberts and Associate Justice Anthony Kennedy. as the votes of Antonin Scalia, Clarence Thomas, and Samuel Alito, are extremely predictable, based on their own lack of ethics in their business dealings, and their close association with the Koch Brothers, creating a conflict of interest.

If things were legitimate, Justices Scalia and Thomas, in particular, would be facing impeachment and removal from the Court, as they have demonstrated that they are the most obstructive Justices of the past century, only matched by Chief Justice William Rehnquist, but with an argument that they are more right wing than Rehnquist ever was!

The Dangers Of The Supreme Court Run Amuck In Favor Of Wealthy And Corporations!

The Supreme Court is totally out of control, with its new decision on having no limits on campaign spending by wealthy donors, added on to the Citizens United Case of 2010, and the limitation of voting rights in a 2013 decision.

Chief Justice John Roberts has solidified a five member GOP majority to destroy all attempts to prevent corporate and wealthy people from controlling the political system, an effort pursued from the time of Theodore Roosevelt a century ago through Senator John McCain and Senator Russ Feingold in the 1990s and early 2000s.

That is all for naught now, and shows the dangers of a runaway, reckless, right wing radical Court!

This is what made Thomas Jefferson, Andrew Jackson, Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, and Barack Obama criticize Court power, along with progressive reformers including Senator Robert La Follette of Wisconsin, Senator George Norris of Nebraska, Senator Russ Feingold of Wisconsin, Senator Paul Wellstone of Minnesota, and Senator Bernie Sanders of Vermont!

This is the result of 13 Supreme Court nominees since 1960 by Republican Presidents, to only 8 by Democrats, and with two of those Democratic appointments (Arthur Goldberg by John F. Kennedy and Abe Fortas by Lyndon B. Johnson), only lasting three and four years respectively.

Of course, Republican appointments of Harry Blackmun by Richard Nixon; John Paul Stevens by Gerald Ford; Sandra Day O’Connor by Ronald Reagan; and David Souter by George H. W. Bush, turned out to be major surprises in their rulings, but we also ended up with some of the most reactionary and right wing radical appointments in all of American history with the appointments of William Rehnquist by Richard Nixon and the elevation of Rehnquist to Chief Justice by Ronald Reagan; Lewis Powell by Richard Nixon; Antonin Scalia by Ronald Reagan; Clarence Thomas by George H. W. Bush; and Samuel Alito by George W. Bush. The appointments of Chief Justice Warren Burger by Richard Nixon; Anthony Kennedy by Ronald Reagan; and Chief Justice John Roberts by George W. Bush, have been more of a mixed bag, sometimes good, and sometimes horrible in its effect on constitutional law!

Meanwhile, John F. Kennedy selected a mostly conservative Justice Byron White; Lyndon B Johnson selected Thurgood Marshall; Bill Clinton selected Ruth Bader Ginsburg and Stephen Breyer; and Barack Obama selected Sonia Sotomayor and Elena Kagan, but sadly, their influence in the last four of the five names listed, has been mostly in being the opposition, sometimes vehement in nature!

The effect on the future of American democracy is massive, with this right wing Court majority, and the only hope is the eventual retirement of Scalia and Kennedy, and hopefully, continuation of a Democratic Senate and President for the rest of the decade, so that the Court changes direction in the future!

The End Of A Hateful Man: The Reverend Fred Phelps Of The Westboro Baptist Church Is Dead!

The world is a better place with the death of the Reverend Fred Phelps of the Westboro Baptist Church of Topeka, Kansas.

Phelps died at age 84, and left behind a legacy of total hatred, as he became controversial for his small group of followers, mostly family, picketing at funerals of Iraq and Afghanistan War veterans, approved by the Supreme Court in 2011 with some restrictions, as freedom of speech.

Phelps and his followers were not protesting the wars America engaged in, but rather the fact that gays and lesbians were permitted to exist, as he and his flock condemned homosexuality, and said gays and lesbians were doomed to hell.

Phelps failed to attract outside supporters, and even some of his own family repudiated him over the years, but he never gave up his fanatical hatred and poisonous rhetoric.

There is the temptation to say “goodbye and good riddance,'” but more than wishing that ill thought on anyone who has died, is the hope that we will never again see the likes of anyone who calls himself “religious”, abuse that term by wishing harm and promoting hate toward anyone, whether for their race, ethnicity, nationality, religion, gender, or sexual orientation.

The ultimate victory over Fred Phelps and his ilk is the fact that 18 states and Washington, DC back gay marriage rights, that eight other states have had federal judges move in that direction—Virginia, Pennsylvania, Ohio, Texas, Oklahoma Tennessee, Kentucky, and Utah, and that five other states—Missouri, Oregon, Nevada, Colorado, Wisconsin, as of this writing, recognize civil unions, a step toward eventual acceptance of gay marriage. So soon, it is likely, after appeal, that 26 states will be allowing gay marriage, and five others are also moving in that direction.

And ultimately, it seems highly likely that cases on gay marriage in the federal courts will lead to a Supreme Court decision, with a likely minimum 5-4 vote, including Justice Anthony Kennedy, who wrote the majority opinion in the crucial gay rights case, Lawrence V. Texas, in 2003, and then no state will be able to deny anyone the right to marry a person of either gender, another great advancement in human rights!