Elena Kagan

Historic Moment To Revel In! First Female Presidential Candidate Of A Major American Political Party, And Of Course, A Democrat!

Ronald 35 Comments

It has finally happened!

Hillary Clinton is the Democratic Presidential nominee, the first woman to gain that opportunity on a major party line!

But remember that it is the Democratic Party which gave us the first Catholic President, John F. Kennedy, and the first African American President, Barack Obama!

Also, it was the Democratic Party that gave us the first woman Vice Presidential nominee, Congresswoman Geraldine Ferraro of New York and the first Jewish Vice Presidential nominee, Joe Lieberman of Connecticut, along with the first Catholic Vice President, Joe Biden.

It was a Democratic President, Woodrow Wilson, who gave us the first Jewish Supreme Court Justice, Louis Brandeis.

The Democratic Party is the party of equal opportunity, including three Jews presently on the Court (Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan); three women presently on the Court (Ginsburg, Kagan, and Sonia Sotomayor) ; and the first Latina Supreme Court Justice (Sotomayor).

And it was great today to see the first African American President, Barack Obama, wholeheartedly endorsing the first woman Presidential nominee, Hillary Clinton!

Inauguration Day Plus Seven Years: Imagine The Alternative Of President John McCain And Vice President Sarah Palin!

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Seven years ago, Barack Obama became the 44th President, and history was transformed in a positive manner!

Not everything has worked out, and not everything he promised has occurred, but when one thinks about the alternative of President John McCain and Vice President Sarah Palin, one must thank God that he gave us Barack Obama!

McCain, even though he is less extreme than most Republicans, would most certainly have taken us into war more than we were under George W. Bush.

We would have massive involvement still in Iraq and in Afghanistan, and would have engaged in a major war against Iran.

Much of the social change that has occurred would not have had Presidential backing, including gay rights and gay marriage; climate change; criminal justice reform; attention to civil rights controversies; and a national health care system for more Americans.  We also would not have Sonia Sotomayor and Elena Kagan on the Supreme Court!

We would have had Sarah Palin as Vice President, and have to be constantly thankful that John McCain is still alive and healthy.

 

“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!

Barack Obama After Six Years In The Presidency: On Way To Top Ten Of Our 43 Presidents!

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As 2014 ends, Barack Obama is finishing his sixth year in the Presidency, and will officially mark that milestone on January 20, when he delivers the State of the Union Address to a joint session of Congress, controlled by the Republican Party, which has stood in his way, has been a constant barrier to anything Obama proposes, and hates the ground he walks on. Conservative talk radio and Fox News Channel, and conservative think tanks, would not be happy no matter what Barack Obama does or says. And there is a strong level of venal hate, very dangerous, that puts the President in the cross hairs of a potential threat to his life on a daily basis.

But despite all that, President Barack Obama has a record in office to be proud of, not perfect in any sense, but still outstanding enough to have a chance to end up in the top ten of our Presidents, if not immediately after leaving the White House, over a generation or more as time passes, and passions calm down, and particularly after Obama has passed away, an opportune time to reconsider the legacy of any President, particularly one so much maligned in his time!

The list of Obama accomplishments is endless, but key points include:

The adoption of ObamaCare, which will be seen as transformative over time, as much as Social Security and Medicare.

The successful tracking down and elimination of Osama Bin Laden, the perpetrator of September 11, 2001.

The ending of US military engagement in both Iraq and Afghanistan, two wars that were unwise to conduct in the first place.

The revival of the American economy, with 11 million jobs created; the unemployment rate below six percent; the greatest economic expansion since the Bill Clinton Presidency; the smallest increase in the deficit for the past decade; the 150 percent increase in the stock market; the lowest gas prices in five years; and the revival of the domestic auto industry.

The appointment of two Supreme Court Justices–Sonia Sotomayor and Elena Kagan, and some exceptional cabinet appointments, plus the best Vice President in American history, Joe Biden.

The promotion of gay rights and gay marriage, insuring the end of discrimination based upon sexual orientation.

The advancement of environmental concerns, including dealing with global warming and climate change.

The promotion of a tolerant attitude toward immigration reform.

The establishment of a new relationship with Cuba after 50 years of a failed policy.

The promotion of labor rights in a time when labor has been under attack.

The protection of women’s rights against right wing attempts to undermine the advancement of women in all spheres of American life.

The avoidance of engagement in new wars, which the right wing is always itching for.

The courage of Obama to go after terrorists in a way that limits US military involvement, but effectively has killed more terrorists than George W. Bush.

President Barack Obama was the the right person for his time, and will be seen as that in history. He has met racist attacks by refusing to show anger, but instead class and dignity! He has admitted failure, but also has confidence in the morality of his cause. Considering the extreme opposition he has faced, what he has accomplished is miraculous beyond belief.

Despite having presided over the rapid decline of Democratic majorities in both houses of Congress by vicious attacks and massive spending by right wing billionaires, he has made it clear that he will use executive orders to do what he feels must be done in the last two years of his Presidency. The right wing Supreme Court, with its Citizens United Case in 2010, and the lackadaisical attitude on voting of many Democratic constituent groups, has contributed to this decline in Democratic Party strength, but Obama has reacted by making clear that it will not deter his plans to make the nation a place better for the middle class and the poor.

President Barack Obama will NOT allow the prevention of further improvement of the New Deal and Great Society, and he is much to be admired, as a credit to the office he holds!

Justices Scalia, Thomas, Alito MUST Go!

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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!

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

Ronald 1 Comment

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!

Quinnipiac Poll On Worst President Since WW II Is Sign Of Total Ignorance And Stupidity!

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A new Quinnipiac poll for July 4th rates Presidents since World War II, and comes to the asinine conclusion that Barack Obama, engaged in the typical “sixth year” doldrums, is the worst President since 1945!

Really? Give all of us a break! This demonstrates total ignorance and stupidity of American history, and how quickly people forget past Presidents and the records they have in office.

How could Barack Obama be the worst President since 1945, with:

The highest stock market in history, up 150 percent.
Gaining back of all the millions of jobs lost in the Great Recession, plus more jobs created despite GOP obstructionism.
The deficit falling faster than at any time since Eisenhower.
Hunting down and killing of Osama Bin Laden.
The capture of the perpetrator of the Benghazi deaths in Libya.
The passage of the Affordable Care Act, giving more Americans health care coverage than at any time in American history.
The passage of the Consumer Protection Financial Bureau despite opposition from Wall Street, corporations and Republicans.
The appointment of Sonia Sotomayor and Elena Kagan to the Supreme Court.
The advancement of environmental protection on the road to the level of Jimmy Carter and Richard Nixon and Theodore Roosevelt.
The promotion of the interests of the middle class against the Republican aim to destroy the middle class by lack of action.

Of course, any person could make a list of programs and policies of Barack Obama which have not worked out to their or our satisfaction, including this author.

But come on, compare Obama to George W. Bush:

Two wars in Iraq and Afghanistan, both causing trillions of dollars in the national debt, and not accomplishing their goals, and the war in Iraq totally unnecessary, a war of choice.
The poor handling of Hurricane Katrina in New Orleans, and Mississippi and Alabama.
The failed Social Security privatization plan, which would have destroyed the program in 2008.
The Great Recession of 2007-2009, worst since the Great Depression under Herbert Hoover.

And if we are to rate the worst Presidents, how about Richard Nixon and Ronald Reagan, who both did so much harm in office, even while admitting certain positives for both?

And to rate Mitt Romney a better choice, 45 percent, to be President now, after the failed campaign of 2012–face the facts, the American people made the right choice in rejecting Romney, arguably the worst candidate of the Republican Party since Barry Goldwater in 1964. This was a man who lied, lied, lied, constantly, more than any Presidential nominee in American history!

The fact that the poll participants showed no real knowledge of American history is troubling, as to come to such a ridiculous conclusion demonstrates total lack of understanding of what has gone on in this nation in recent years! All they react to is charisma, so that Reagan, John F. Kennedy, and Bill Clinton rank the highest, simply based on image!

What do these involved in the poll know about Harry Truman, Dwight D. Eisenhower, Lyndon B. Johnson, Gerald Ford, Jimmy Carter, and George H. W. Bush, as well as the Presidents that are rated high, and those rated low in the poll? Clearly, NOTHING!

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

Ronald 1 Comment

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

Ronald 3 Comments

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!

Associate Supreme Court Justice Ruth Bader Ginsburg: A True National Treasure!

Ronald 1 Comment

Associate Supreme Court Justice Ruth Bader Ginsburg, appointed by President Bill Clinton 20 years ago, has suffered two serious bouts with cancer, and has lost her husband, but she continues to plug on at age 80, with no plans for retirement.

Since other Supreme Court Justices have stayed on in their 80s, it is not all that surprising that Ginsburg refuses to consider retirement.

Always very friendly and accessible, unusual in the history of the Supreme Court membership, Ginsburg has become more openly outspoken over the years, being the true champion of the progressive side of the Court, and critical in a gentle way of her conservative colleagues, while expressing respect for them as individuals.

And she set new ground by marrying two gay men in the past week, one of them being the President of the Kennedy Center, and the other a well known economist. And she also has spoken out now on the Constitution as the promoter of equal rights for all—race, gender, and sexual orientation—even though it might take a long time, many generations, for the promotion of equality to become the norm, in the story of American history!

Ginsburg is an inspiration to all who believe in equality, justice, decency, and fairness, and a great symbol to women, as to what they can attain, as she is the second woman appointed to the Supreme Court, after Sandra Day O’Connor.

It is certainly clear that Ginsburg, O’Connor, and the only other two women appointed to the Supreme Court, Sonia Sotomayor and Elena Kagan have all contributed to the humanization of the Court, and advocated an open minded attitude, which will have a long range effect on Constitutional law!

Applause and commending of the role and significance of Supreme Court Justice Ruth Bader Ginsburg is certainly in order!