Chief Justice John Marshall

Chief Justice John Roberts At A Crossroads

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Chief Justice John Roberts is only the 17th person to be Chief Justice.

He has been Chief Justice for 19 years by September, and will be the fourth longest serving Chief Justice at that point, already surpassing the average tenure for a Chief Justice, with the major exceptions of John Marshall (1801-1835) and Roger Taney (1836-1864)), and also Melville Weston Fuller (1888-1910).

Roberts worries, rightfully, about the reputation of the Supreme Court, as it is named after the people who hold the position of Chief Justice.

While a definite conservative, Roberts has tried to promote a rational center on the Court, but that has become much more difficult with the extreme rightward swing of the Court since Donald Trump made three appointments in his one term of office.

The feeling is that Roberts has lost any sense of control or ability to influence his colleagues.

There clearly are major splits on the Court, and Roberts has the difficult job of showing he can lead, or allowing Clarence Thomas and Samuel Alito to dominate the Court.

It is hoped that Roberts, quietly, behind the scenes, has convinced the Trump appointees to tame the influence of Thomas and Alito, as otherwise, the reputation of the Court and his own historical reputation will lie in tatters.

This will be demonstrated when the Court finally makes its fateful decision this week on Presidential immunity, and the majority of the Court desperately needs to get this case right, or else, the American experiment in democracy will be in long term crisis!

70th Anniversary Commemoration Of Brown V Board Of Education!

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The single most significant Supreme Court decision of the 20th century occurred exactly 70 years ago on May 17, 1954, when the Supreme Court, in an unanimous 9-0 decision, declared segregation in public education was unconstitutional, reversing the segregation decision in Plessy V Ferguson of 1896 after 58 years.

The fact that Chief Justice Earl Warren (1953-1969) was able to gain unanimous support on this case, including Southern members of the Court who were comfortable with segregation, is what made Earl Warren the greatest Chief Justice after John Marshall (1801-1835).

It also makes one very downcast and depressed at what has happened at the Supreme Court in recent decades, particularly since Donald Trump made three right wing appointments to be Supreme Court Justices, adding on to the two Presidents Bush who gave the nation the horrendous Clarence Thomas and Samuel Alito.

Chief Justice John Roberts, also chosen by President George W. Bush, has been a great disappointment, unable to keep the Court balanced, and now containing two Justices totally out of control, arrogant, nasty, abusive, and not concerned about ethics and common decency.

This, along with the attack on DEI (Diversity, Equity, Inclusion), and a reversal of Affirmative Action, has been not only promoted by this right wing dominated Supreme Court, but also by actions of Republican Governors Ron DeSantis of Florida, Greg Abbott of Texas, and a whole slew of other Republican governors nationwide.

This includes working to deemphazize African American history in educational curriculums, working to wipe out all of the advancements of the Civil Rights Movement after World War II for the next few decades.

Action must be taken to reverse this bigoted, right wing extremist agenda, and it begins by insuring Joe Biden wins a second term, and that, somehow, Democrats win the House of Representatives, and retain control of the US Senate.

This is a massive challenge that anyone who believes in fairness, and common decency, must engage in for the future of America as a shining beacon of change and tolerance.

Interesting Survey Of People Honored By US Monuments, From The Washington Post

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The Washington Post has published an interesting survey of people honored by US Monuments, and there are many surprises in the survey.

Eleven Presidents are in the top 50 figures represented in memorials, with George Washington and Abraham Lincoln being the top two of the fifty listed.

Also listed at number 9 is John F. Kennedy; number 10 is Thomas Jefferson; and number 11 is Ulysses S. Grant.

Andrew Jackson is number 15, a three way tie with Theodore Roosevelt and William McKinley.

Dwight D. Eisenhower and Franklin D. Roosevelt tie at 32nd.

Finally, James A. Garfield is in a four way tie at number 47 with three non Presidents.

Interestingly, NOT on the list are such Presidents as Woodrow Wilson, Harry Truman, Lyndon B. Johnson, or Ronald Reagan.

Some religious figures, native Americans, and African Americans (Martin Luther King (4th), Harriet Tubman (24th), Frederick Douglass (29th)) are also represented, as are a number of individuals who are not at all related to American history, including Christopher Columbus, most notably in third place with 149!

Confederate leaders are also represented, including Robert E. Lee, Jefferson Davis, and Stonewall Jackson.

Other well known Americans include the following: Benjamin Franklin at number 8; Alexander Hamilton tied with two others at number 26; and Supreme Court Chief Justice John Marshall in a six way tie at number 41.

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!

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!

Is Chief Justice John Roberts On Road To Judicial Leadership Of John Marshall, Charles Evans Hughes, And Earl Warren?

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Chief Justice John Roberts is clearly a conservative on the Supreme Court, but he is also very much aware of and concerned about the turmoil in American society, and concerned about the long term reputation of the Court, as well as his own historical image, since he has a sense of history.

So Roberts has surprised Court watchers in some of his decisions, and he has emerged as the “swing” vote on the Court, as only he can prevent the Court from going so hard to the Right that it will lose its image of being an institution that promotes fairness and equity under the Constitution.

So expect that John Roberts will become a true judicial leader on the level of John Marshall (1801-1835), Charles Evans Hughes (1930-1941), and Earl Warren (1953-1969).

These three Chief Justices, generally acknowledged as the three greatest of the 16 previous Chief Justices before Roberts came to the Court in 2005, all demonstrated courage and principle, and came into conflict with Presidents.

Marshall had to deal with the strong opposition of Thomas Jefferson and Andrew Jackson, while Charles Evans Hughes had Franklin D. Roosevelt challenging the Court during the Great Depression, and Earl Warren steered the Court in a direction not always agreed with by Republicans Dwight D. Eisenhower and Richard Nixon.

Now John Roberts has to deal with Donald Trump, who he has already issued a criticism, when Trump spoke of “Obama Judges”, “Bush Judges”, and “Clinton Judges”, with Roberts asserting there is no such thing as judges based on a President, but rather judges adhering to the Constitution as they see it.

This makes it quite clear to many observers that Roberts is ready to take a more moderate stand than he does typically, as he did in saving the Affordable Care Act (ObamaCare) in 2012.

Expect Roberts to side, if necessary, with the four “liberals” on the Court (chosen by Bill Clinton and Barack Obama), with the constitutional crisis that has clearly arisen, including trying to convince the four conservatives selected by both President Bushes and even the two Trump judges, to consider how the Court was unanimous in curbing President Richard Nixon in the Watergate Scandal 45 years ago, and Bill Clinton in the Paula Jones lawsuit 22 years ago.

It is the Supreme Court that is being looked to as the ultimate government branch to rein in a President far more abusive than Richard Nixon, and to reassert separation of powers and checks and balances.

The Struggle Of Donald Trump With Chief Justice John Roberts More Dangerous Than Earlier Challenges Of Presidents To Supreme Court Chief Justices

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Donald Trump has challenged Chief Justice John Roberts and the Supreme Court, just as he has challenged every other institution of government, but Chief Justice John Roberts seems well prepared to deal with Trump, if and when he gets out of hand.

It is certainly a dangerous struggle, as Donald Trump has an authoritarian bent unlike any earlier President, but it seems clear that Roberts is ready to do what must be done to keep the President within the Constitution.

Earlier in history, there were major confrontations of Thomas Jefferson and Andrew Jackson with Chief Justice John Marshall; Abraham Lincoln with Chief Justice Roger Taney; Franklin D. Roosevelt with Chief Justice Charles Evans Hughes; Dwight D. Eisenhower and Richard Nixon with Chief Justice Earl Warren; Richard Nixon with Chief Justice Warren Burger; and Barack Obama with Chief Justice John Roberts.

But Trump has demanded that the court system favor him in all of his executive orders, and other executive actions, but the Court has refused to back him on a regular basis, leading Trump to say that there are Clinton Judges, Obama Judges, and Bush Judges, but Roberts responding that there are no such descriptions, as all are dedicated to the rule of law, a true rebuke of the President.

On a recent executive order to deny asylum automatically to those who seek it, the Court ruled 5-4 against it, with Roberts joining the four Democratic appointments on the Court, and he has earlier upheld ObamaCare in 2012, and at other times, has sided against conservatives.

It is clear that Roberts sees the Supreme Court as “his Court”, and is concerned about the reputation of the Court long term, so one can be assured that if a case comes up against Trump trying to grab too much power, that he will, likely vote against him, as the entire Court, including three Nixon appointees, voted against him in US V. Nixon of 1974, and when the Court, including two Clinton appointees unanimously voted against Clinton in the Clinton V. Jones Case of 1997.

Presidents In Conflict With The Judiciary Are Nothing New Historically, But Trump Could Be The Biggest Threat Yet To Our Constitutional System

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The conflict of President Donald Trump with the judiciary is not the first time there has been a challenge from a President to the judicial branch.

Thomas Jefferson and Andrew Jackson had regular conflict with Chief Justice John Marshall and the federal courts in the first third of the 19th century.

Abraham Lincoln had vehement disagreements with Chief Justice Roger Taney in the era of the Civil War.

Theodore Roosevelt and Woodrow Wilson both found the Supreme Court as standing in the way of progressive reform in the early 20th century.

Franklin D. Roosevelt was so frustrated by a conservative Supreme Court negating important legislation of the New Deal in the mid 1930s, that he proposed the idea of adding six new Justices to the Court in 1937. This came to be known as the “Court Packing” plan, and was soundly defeated, including by members of his own Democratic Party.

Richard Nixon had issues with the rulings of the Earl Warren Court before he was President, and the continued Warren influence on the Court under his successor, Warren Burger. And, Nixon was stopped dead in his tracks in US. V. Nixon in 1974, forcing him to hand over the Watergate Tapes to the Special Prosecutor, Leon Jaworski, leading him to resign the Presidency in August 1974.

Barack Obama was critical of the John Roberts Court on its conservative decisions early on in his Presidency in 2010.

And now, Donald Trump has unleashed what many consider the strongest challenge to the whole federal judiciary, alarming many constitutional experts as far more dangerous and threatening to the checks and balances of the Constitution and the separation of powers.

It is clear that Trump has declared war on the judiciary, but it could be that the Roberts Court will smack back at him when cases regarding his abuse of power make it to the Court, so Trump may be “hoist by hid own petard”, and regret the attacks he has made on the whole court system.

Treason In US History: Benedict Arnold, Aaron Burr, John Tyler, Jefferson Davis, And Now Donald Trump

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Treason is a tough issue to approach.

Certainly, Benedict Arnold committed treason, and is condemned for it in history, when he attempted to hand over West Point, New York and its thousands of soldiers to the British in 1780, during the American Revolution.

Some observers think Aaron Burr may have committed treason after leaving the Vice Presidency in 1805, attempting to seize part of the Louisiana Territory or take away Spanish territories further west. He was arrested, brought to trial for treason, and Chief Justice John Marshall ruled he had not committed treason by the normal definition, and conspiracy without actions should not lead to conviction. Still, many people then and since, think Burr was guilty of treason.

President John Tyler gave up his citizenship, and supported the Confederate States of America, becoming part of the provisional Confederate Congress in 1861, before his death in 1862, therefore committing treason.

Jefferson Davis committed treason, as President of the Confederate States of America, as did Vice President Alexander Stephens and other public officals, and arguably, General Robert E. Lee, and other Confederate generals, as well.

And now, it is becoming more likely that the 45th President, Donald Trump, has committed treason by colluding with the Russians to fix the Presidential election of 2016. The President is indicting himself by his own Twitter comments, and contradictory statements being made on a regular basis, and he exudes guilt, and has for many months.

The Robert Mueller investigation is mounting evidence that is leading to that conclusion, and the Southern District of New York investigation, particularly in relation to Michael Cohen, is also moving in that direction.

A proposal that I would wish to make regarding this whole situation.

John Tyler, when he died, was not accorded the normal situation of a President who passes away—that is, flying the flag at half staff, and giving a President a state funeral.

The same, of course, was the case with Jefferson Davis.

So it seems appropriate to say that when Donald Trump passes away, no matter what happens in the interim regarding the present investigation of his behavior and actions, there should be no flying the flags at half staff, and no state funeral, as a traitor should not be accorded such an honor.

Of course, his death and burial would be reported, but it should not be given the dignity of what every other President, except John Tyler, was accorded!

Supreme Court Membership Could Be Increased In Future By Democratic Party Senate Majority, Perfectly Legal

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Progressives have developed the idea that in the future, when Democrats gain the majority of the US Senate, they may move toward increasing the membership of the Supreme Court, playing hardball as much as the Republicans have under Senate Majority Leader Mitch McConnell.

McConnell refused to allow hearings for Merrick Garland, Barack Obama’s Supreme Court nominee to replace the dead Antonin Scalia, saying it was an election year, and improper to allow an outgoing President to make an appointment.

This was preposterous, as John Adams named John Marshall Chief Justice in 1801, after losing reelection to Thomas Jefferson; Andrew Jackson chose Supreme Court Chief Justice Roger Taney in 1836, his last year in office; and Grover Cleveland, Benjamin Harrison and William Howard Taft chose Justices in their last year in office; and Herbert Hoover chose Benjamin Cardozo in 1932, his last year in office; and Dwight D. Eisenhower chose William Brennan in the year of his reelection campaign; and Ronald Reagan chose Anthony Kennedy in his last year in office in 1988.

We have had differing numbers of justices. up to ten, and there is no constitutional barring of adding more Justices, as Franklin D. Roosevelt wished to do in 1937.

What is good for the goose is good for the gander, as the saying goes, and this might be a way to wield power on the part of the Democrats to create a balanced Court, as otherwise, we will have the most extremist Court since the 1920s!