Constitutional Law

The Massive Corruption Of Clarence Thomas

admin Leave a comment

It is shocking how corrupt and greedy Associate Supreme Court Justice Clarence Thomas is, and has been in the past third of a century since his hearings for the Supreme Court in 1991 revealed sexual harassment of Anita Hill.

Selected to replace the only earlier African American Justice, Thurgood Marshall, by President George H. W. Bush, his appointment and career stand out as possibly the biggest blunder made by the 41st President.

Thomas has gained at least $4 million in “benefits” from conservative activists, most notably Harlan Crow and Leonard Leo, and has led the attack on the great advancements of the Chief Justice Earl Warren Court (1953-1969).

By all standards of behavior, Thomas should resign from the Court, and should be impeached, but of course, neither will happen, and his horrendous tenure on the Court as it moves far to the Right, undermines all respect for the Court as an institution.

Thomas, sadly, is on the path to the possibility of serving longer on the Court than anyone, if he stays a member for the next three years. If he does, he will surpass the 36 years of Associate Justice William O. Douglas (1939-1975). At this time, already, Thomas is the 10th longest serving member of the Court in its history.

Thomas’s impact on constitutional law is also the fact that many of his law clerks are now federal district court judges, so his right wing views will carry on beyond his own time on the Court.

And sadly, his wife, Virginia “Ginni” Thomas, was involved in promotion of the January 6 2021 US Capitol Insurrection, as indicated by research into the behind the scenes events of that tragic day.

Supreme Court Ethical Violations Are Totally Out Of Control!

Ronald Leave a comment

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!

The Supreme Court At Its Lowest Public Opinion Rating In Modern Times!

Ronald Leave a comment

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!

The Supreme Court Opens Its Most Controversial Term In Decades!

Ronald 2 Comments

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!

The Republican Party Is More Horrendous Than Ever!

Ronald Leave a comment

It is hard to believe, but the Republican Party in Congress is more horrendous than ever before!

A party which used to have a substantial number of moderate Senators in the past has gone totally nuts!

Yesterday, this author and blogger condemned the handling of the Supreme Court nomination of Judge Ketanji Brown Jackson by Republicans on the Senate Judiciary Committee, including Josh Hawley, Ted Cruz, Mike Lee, Lindsey Graham, and Tom Cotton.

Now Marsha Blackburn is added to that list making fools of themselves in the hearings.

But even outside of that issue, now we have Indiana Senator Mike Braun who says that Interracial Marriage, declared constitutional in Loving V Virginia in 1967, should never have been accomplished by the Supreme Court.

This is part of setting constitutional law backwards, along with the threat to abortion rights Roe V Wade (1973), and Griswold V Connecticut (1965), which promoted the constitutional right to sexual privacy and legalized contraception for married couples.

Although Braun now has backtracked, it is clear that leave it to the Republicans, and they would interfere with the privacy rights of Americans, not only interracial marriage, abortion, and contraception, but also gay marriage, if given the opportunity.

This is right wing totalitarianism, denial of basic human rights, and going back to the years before the Warren Court (1953-1969) and forward!

The Attack On Birthright Citizenship And The 14th Amendment By Donald Trump, Mike Pence, And Lindsey Graham

Ronald 4 Comments

Donald Trump has opened up a new area of attack on constitutional law, claiming that he can, by executive order, end birthright citizenship for infants born of undocumented immigrants, bypassing the 14th Amendment’s guarantee of citizenship for all born in the United States in 1868, exactly 150 years ago.

Speaker of the House Paul Ryan, for once, is correct when he says that is not possible legally, as executive orders cannot end what is in the Constitution or its amendments.

It is also a fact, despite some, like Vice President Mike Pence, and South Carolina Senator Lindsey Graham who claim otherwise, that legislation by Congress also cannot end what is in the Constitution or the amendments.

The only way to change what is in the Constitution or its 27 amendments is by another constitutional amendment, as occurred when the 18th Amendment banning liquor (Prohibition) was passed in 1919 and fourteen years later, with much discontent, the amendment was repealed by the 21st Amendment, the only way Prohibition would ever have ended.

If it was that easy to change what is in the Constitution or its amendments, then there would be a move to end the Electoral College, but that will never happen legally unless an amendment is passed by two thirds of each of the two houses of Congress, and three fourths of the states’ legislatures (38 out of 50).

The idea that Lindsey Graham is suddenly a great friend of Donald Trump, after the way that Trump trashed his good friend, the late Arizona Senator John McCain, is infuriating. One can be certain that McCain would fight this idea that Trump has suggested that he has the authority, all on his own, to destroy the language of the 14th Amendment. It is certain that McCain would be angry at Graham for his changed behavior, and it makes one wonder what is going on in Graham’s disturbed mind that he does not know the basic reality of constitutional law.

Of course, those on the Right would say the Supreme Court could justify what Trump wishes to do, and in theory, a lawless Court, which has already made decisions clearly and purely political in the last ten years, could by a 5-4 vote, including compromised Justice Brett Kavanaugh, do such. But it is hard to imagine that Chief Justice John Roberts would wish to be part of a majority that would undermine his reputation and that of his Court in the long run of history.

If such a disgrace were to happen, the Supreme Court would lose its credibility for all time, and would be helping Donald Trump to destroy our democracy, and impose an authoritarian dictatorship on our nation.

There is absolutely no moral or ethical way that this could happen, and be allowed to stand!

And also, the thought that an infant would not have the opportunity for a good life in America, simply because his or her parents were not documented at the time of his or her birth, is to deny the whole point of the Statue of Liberty and Ellis Island, and the reality that tens of millions of immigrants, and not all legal, with many “slipping in” through our borders and not realized what they had done, contributed to our nation’s greatness.

Think of the refugees from Cuba and Vietnam who came to a nation welcoming them from their personal tragedies in the past half century, and think of the refugees who came from all over the world over two centuries to a nation that gave them a chance to succeed and prosper, and benefit all of the American people!

Christine Blasey Ford Spoke For All Women, And Men, Who Have Been Sexually Abused, And Brett Kavanaugh Proved He Is Unfit For Supreme Court

Ronald 6 Comments

The testimony of Christine Blasey Ford was gripping and convincing, and she proved to be so genuine that even Republicans avoided attacking her, and Donald Trump stated words of praise for her performance.

At the same time, Republicans and Donald Trump called for moving forward on Brett Kavanaugh’s confirmation to the Supreme Court, until two courageous women confronted Arizona Senator Jeff Flake in a Capitol Hill elevator, and convinced him to call for time out, and an FBI investigation to be conducted, which now is moving forward.

Christine Blasey Ford was articulate, and her education and career as a college professor of psychology gave her the ability to overcome her nervousness at speaking before the Senate Judiciary Committee. She knows how to speak, how to deliver ideas and points, but even this professor, the author and blogger, as much as he can speak before hundreds of people, wonders if he could do as fine a performance if he had to face a Senate committee.

Imagine if Christine Blasey Ford was NOT a professor, but rather one of millions of ordinary women, not educated, not professional, not having the kind of family and moral support that she had.

Imagine if it had been a poor, minority woman, someone not good at expressing herself, or had been a man of similar lack of education and speaking ability and economic station, who had been abused as boys and men also are, and terrified to speak out, even including those who are gay or lesbian, and suffer sexual abuse every day, and yet remain silent.

Those people, men and women, who dispute CHristine Blasey Ford for waiting so many years, look at the case of Bill Cosby, or look at the cases of the men abused by the Catholic Church over decades, or look at the women abused by their mother’s boyfriends or their stepfathers, which happens so often after failed marriages.

Those men and women who have no heart, no concern, and always back white male privilege, and powerful male privilege, reveal themselves for what they are: despicable, disgraceful human beings who have no compassion, no empathy, no concern for anyone unless they are wealthy, white males, and whose wives who go along with them, reveal they have no minds of their own, and are “Stepford Wives”, who do not realize they are being manipulated by their dominant husbands who most likely are cheating on them. There is so much domestic abuse that never is reported, or is overlooked historically by legal authorities, when it is reported by courageous victims.

Brett Kavanaugh proved in his tirade against Democrats and Senators on the Judiciary Committee, that he is unfit for a lifetime position on the Supreme Court, and that he is too partisan and too supportive of Donald Trump, to be an objective, open minded member of the high Court, His drinking problem is a severe one, and he is too cocky, and self serving, much like Donald Trump, to have so much power and authority over Constitutional law for the next thirty to forty years. His performance was a disgrace, that should open the eyes of the eight members of the Court for lack of dignity and decency, and the American Bar Association and other groups which had endorsed him, have withdrawn their support.

It is time for decent Republicans, including Jeff Flake, Susan Collins, Lisa Murkowski, Bob Corker, and Ben Sasse to show they have guts and principle, and reject this nomination!

The Argument For 18 Year Terms For Supreme Court Justices In The Future To Insure Constitutional Stability

Ronald Leave a comment

The controversy over Supreme Court nominee Brett Kavanaugh is a time to consider modifying the Judiciary Act of 1789, and end lifetime terms, and change to a maximum of 18 years on the Court for any future Supreme Court Justice.

It would insure in the future that we would have two Supreme Court appointments in any Presidential term, with the limit insuring turnover, rather than locking in a one sided Supreme Court, which can distort constitutional law and interpretation in a detrimental fashion.

Right now, in 2018, we have the danger of locking in a five member right wing Court that could last for 20-30 years, and the Court should, ideally, be a balanced Court, with some liberals, some moderates, and some conservatives, which normally was the way it was most of our history, but now seems a distant dream.

While there is an argument for longer terms, based on specific Justices being considered significant and admired by many, it still makes sense that we have a maximum of 18 years on the Court, and that way, the likelihood of having Justices at advanced ages, in the late 70s and early 80s, is much less likely to occur.

And one must realize that since most Justices come in modern times from the Circuit Courts, it means the average Justice would have a long judicial career, and if coming from an executive or legislative branch background, rare but has occurred in the past, that a Justice’s total career in public service will have been a long one.

Chief Justice John Roberts To Become The New Balance On The Future Supreme Court?

Ronald 1 Comment

Chief Justice John Roberts has been on the Court for 13 years now, and he is generally perceived as a conservative.

But he has surprised some conservatives, as when he kept ObamaCare (the Affordable Care Act) alive in 2012.

Also, Roberts has often stated by the doctrine of “Stare Decisis”–to stand by things decided”–although he has not been consistent on this over the years.

The odds of Roberts siding with the liberals on the Court for the image of the Court named after him as Chief Justice, is a thin measure of what kind of balance he might present on the future Supreme Court.

It seems likely that on balance, he will be “number 5”, in the middle, but that middle will be much farther to the Right than Anthony Kennedy or Sandra Day O’Connor represented.

But then again, Justices have surprised their Republican Presidents who appointed them, as with Earl Warren and William Brennan under Dwight D. Eisenhower; Harry Blackmun under Richard Nixon; John Paul Stevens under Gerald Ford; O’Connor and Kennedy under Ronald Reagan; and David Souter under George H. W. Bush.

The best estimate is that no one should count on John Roberts avoiding “his” Court from being regarded as the most right wing, conservative Court since the time of Warren G. Harding. Calvin Coolidge, and Herbert Hoover nine decades ago, before the Great Depression and New Deal began the transformation of constitutional law.

Alan Dershowitz Supports Donald Trump, While Laurence Tribe Warns Of Danger He Presents: Why The Split Over Trump?

Ronald Leave a comment

Alan Dershowitz is a renowned law professor, and so is Laurence Tribe.

But Dershowitz sees Donald Trump as not having done anything that is impeachable, while Tribe has said that Trump could be impeached or indicted while in office, and is a danger to the Republic.

How can two renowned Harvard Law School professors have diametrically opposite views of Constitutional Law?

One could say that any two experts can disagree on constitutional matters, since there can be honest differences of viewpoint.

But when one looks closer at the two men’s careers, one can start to understand that Dershowitz has long been a gadfly, who often seems to revel in publicity and attention, even if it is based on notoriety. He has often been involved in major controversies, and in many ways, he is the Donald Trump of the legal profession, a real character who has elements of egotism and narcissism in his basic DNA.

On the other hand, Laurence Tribe has had a distinguished respectable career speaking up for progressive values, but avoiding the constant limelight that Alan Dershowitz revels in on a regular basis.

When the history of the Trump Presidency is written in the future, Alan Dershowitz will not look credible and respectable, but Laurence Tribe will have dignity and principle as the basis of his entire life.