Chief Justice John Roberts

The Ku Klux Klan Act Of 1871 Could Disqualify Donald Trump, Besides The 14th Amendment Section 3!

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The Ku Klux Klan Act of 1871, the third of a series of Enforcement Acts (1870-1871), enacted to deal with the terrorism and violence of the Ku Klux Klan in the South in the Reconstruction years after the Civil War, was promoted by President Ulysses S. Grant.

Now, more than 150 years later, it is being utilized as a factor in working to deny former President Donald Trump from being able to be on the ballot in multiple states for the Presidential Election of 2024, due to his incitement of the January 6, 2021 US Capitol Insurrection!

Many legal scholars contend that this legislation, designed to enforce the 14th Amendment, Section 3, dealing with rebellion and insurrection, is legitimate in the quest to prevent Trump from being able to run for President a third time.

Ultimately, however, the Supreme Court will get this case, and decide, and it is hoped that Chief Justice John Roberts and at least one other Republican appointment on the Court, and posibly more, will do the right thing, as it will affect their historical legacy if they do not take action!

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!

Away For Two Weeks, And The World Changes, Not For The Better! :(

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Having just returned from my vacation with my older son after watching nine baseball games at eight baseball stadiums from Washington DC to Chicago, it is clear while I have been away that the nation and the world have changed, and not for the better.

Russia under Vladimir Putin is in turmoil after a challenge to the government by a militia group, creating more international instability. And demonstrations in France have gone large after the killing of an Algerian Arab French citizen by police, making clear that racism is alive and well in not just the United States but world wide!

And then, domestically, the Supreme Court has shown once again just how extreme they are, and presenting a constitutional crisis, as the Bush I and II appointees, along with the Trump appointees, have declared war on precedent and progress, trying to bring America back to the 18th century “originalism”, which many scholars make clear is totally preposterous!

The majority Court Justices have been shown to have massive financial and ideological conflicts of interest with no means for accountability, and with Chief Justice John Roberts losing all of whatever reasonable reputation he has had over the years, with his refusal to testify on ethics violations by himself and the other Republican Justices, particularly, but not only, Clarence Thomas and Samuel Alito.

Between the attack on abortion rights a year ago, and now the end of affirmative action; the denial of student college debt relief; and allowing religion to interfere with the basic human rights of gays and transgenders, and arguably, other groups that any person in any business or industry could decide to refuse to interact with in daily life, is clearly the most dangerous time in constitutional history since the Civil War!

Time For Chief Justice Roberts, Associate Justices Thomas And Alito To Retire!

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The controversies over conflicts of interest and open corruption on the Supreme Court calls for the three Bush 1 and Bush 2 Justices to retire.

Clarence Thomas has been on the Court for nearly 32 years, 12th longest!

Samuel Alito has been on the Court for 17 years, the norm for Justices in American history!

Chief Justice Roberts has been on the Court for 18 years, the norm for the last three Chief Justices, and only three Chief Justices in the 19th century have served longer!

There is a dire need for term limits on the Court, as 18 years of service would allow each President in the future to select two Justices in a four year term, and turnover is essential, as the Justices should not be regarded with reverence as if they are deities!

Clarence Thomas, Harlan Crowe, And Leonard Leo: Massive Ethics Scandal!

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Supreme Court Associate Justice Clarence Thomas has become the most controversial member of the Supreme Court since Associate Justice Abe Fortas resigned from the Court in 1969, due to an ethics scandal, which by comparison to Thomas, was quite minor.

Thomas and his wife, Ginni Thomas, have been taking favors, gifts, and lots of money from billionaires Harlan Crow and Leonard Leo, the latter the head of the right wing Federalist Society, which has been dedicated, and quite successfully, to turn the US Federal Judicial system to the extreme Right.

Thomas has been controversial since he was confirmed in 1991, after charges of sexual harassment by Anita Hill, caused the closest vote of the 20th century in the US Senate.

The Court under Chief Justice John Roberts has been besmirched not only by Thomas, but by controversies surrounding the appointments of all three Trump appointees, and the two Bush appointees of Thomas and Samuel Alito.

Faith and trust in the fairness and balance of the Court has declined rapidly, but there is little that can be done to force Thomas to resign, as that would have the effect of changing the strong right wing extremism of the present Court with a Joe Biden replacement.

The rule of law and faith in the Constitution is under attack, and restored confidence in the Court is not likely 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!

Supreme Court Ethical Violations Are Totally Out Of Control!

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The Supreme Court, already outrageously extremist right wing, due to the three Donald Trump appointees added to the arrogant, nasty Clarence Thomas and Samuel Alito, the appointees of the two Bush Presidencies, is now even further in violation of ethics!

It turns out that Chief Justice John Roberts has judged in cases that involve financial matters affecting his wife!

This blogger has always tried to give slack to Roberts, but at this point, he is the head of a Court out of control, and refuses to testify before a Senate committee on Judicial ethics, of which the Court, clearly, has ZERO!

Roberts has been on the Court for 18 years, Thomas 32 years and Alito 17 years, and it is time for these unethical Justices to retire!

Of course, they will NOT do so, but that is the argument for expansion of the Court, as this is very different than the controversial so called “Court Packing Plan” of Franklin D. Roosevelt in 1937, which was defeated!

That Court in 1937 had declared several New Deal laws unconstitutional, but the Court in the present is way beyond any earlier abuses, and longevity of Court members is out of control as compared to history!

There is a need for term limits on the Court, and for now, to balance the Court and make for fair constitutional law, new members need to be added!

Until that occurs, which is of course unlikely, the Court will have further rapidly declining prestige and support of public opinion, which does matter in a democracy!

Supreme Court Corruption Is Massive: Time For Reform!

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The latest revelation about Supreme Court Associate Justice Neil Gorsuch selling property to a law firm that has argued before the Court adds to the similar actions of Clarence Thomas selling property to a right wing billionaire, and makes clear the reality of ethical violations by members of the Court, who seem to think they are beyond reproach!

Add the nasty, arrogant manner of Samuel Alito and Clarence Thomas; the ethical issues around Thomas and Brett Kavanaugh that have never been truly addressed; and the abuse promoted by Kentucky Senator and Republican Minority Leader Mitch McConnell in promoting a quick replacement for Ruth Bader Ginsburg by Amy Coney Barrett just weeks before the Presidential Election of 2020, while blocking the appointment of Merrick Garland to replace Antonin Scalia nine months before the Presidential Election of 2016.

One could argue that except for Barrett and Chief Justice John Roberts, that all of the other Republican appointments to the Court are, at the least, ethically challenged, and screams for Supreme Court reform.

The Court is more extreme right wing than it has been since the 1920s, so there is now a strong argument to add members to the Court to right the balance, and to set term limits for future Court Justices.

Justices are on the Court for too long, with Thomas now at almost 32 years, and the all time record being 36, and with Alito at 17 years and Roberts at 18 years, which sounds like what the proper term in the future should be 18 years, with the idea that every President in the future, would have two appointments in a four year term, and there would be constant turnover over four plus Presidential terms.

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 At Its Lowest Public Opinion Rating In Modern Times!

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The US Supreme Court has been part of American government since the passage of the Judiciary Act of 1789.

There have been 17 Chief Justices and a total of 116 Justices, including five who served both as Associate Justices, and as Chief Justice.

We have seen diversity on the Supreme Court in recent times, with two African American men and one African American woman; a Latina woman; six Jewish men and two Jewish women; six women overall; two Italian American Catholics; 15 Catholics overall; and 92 Protestants.

The present Court has four women, and five men, but the Court’s ideological tilt is way far to the right, and it has caused a loss of favorable public opinion toward the Court, with confidence in the fairness and objectivity of the Court at an all time low in public opinion, since polls began in the 1930s.

This is a crisis, and Chief Justice John Roberts, who so much wants a good reputation for the Court which has its name as Chief Justice, has clearly lost control of the agenda of fairness to the hard right nastiness and narrow mindedness of Clarence Thomas and Samuel Alito, each being appointed by the first President Bush and the second President Bush.

The Report on the Dobbs v. Jackson Women’s Health Organization “Leak” is a farce, as the members of the Court were not put under sworn testimony as Court staff was, and no result as to how the leak occurred has been concluded, which seems like a coverup!

This will reflect over time in rankings of the Bush Presidencies, as constitutional law has been distorted by the decision of the Court to reverse abortion rights of nearly 50 years standing, after its members did not indicate in their confirmation hearings that they wished to void the basic right of privacy that has become part of the history of America since the Warren Court of the 1950s and 1960s!