John Roberts

Salute To Ted Kennedy: There Must Be Celebration In Heaven Right Now!

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At this moment of great excitement and pride at what President Barack Obama and the Democrats have accomplished, it is appropriate to stop and pay tribute to the late Senator Ted Kennedy of Massachusetts, who fought the good fight for health care for decades, and lived long enough to see progress being made on the road to the present legislation.

While Ted Kennedy would have wished for better legislation, the Affordable Health Care Act is still a great triumph, with the possibility of improvements over time.

But there are so many aspects of this legislation that will benefit millions of Americans, and finally have America catch up with the rest of the “civilized world”, in promoting decent, available health care for all Americans over time!

The battle to keep what has been accomplished cannot be complete until the right wing Tea Party Movement and fellow Republicans who are nasty, mean spirited, and heartless beyond belief, are removed from the ability to promote chaos and anarchy, as the Republican House has been doing now for 18 months, making them the worst Congress in American history!

Some might point out that rich people have no concern about those not wealthy. That is certainly true of some, but Ted Kennedy was rich, and he CARED about those less fortunate.

Ted Kennedy and Mitt Romney both came from Massachusetts, but they are polar opposites on caring about average Americans, while both being rich!

One wonders why Mitt Romney has so little concern about average Americans, while Ted Kennedy really cared!

Could it be their political philosophy separates them, the vast difference between the “WE” attitude of Democrats and the “ME” attitude of Republicans?

In any case, there must be a celebration in heaven going on right now, with Ted Kennedy having a great time, proud of his nation, his political party, his President, and even Chief Justice John Roberts and the four Democratic appointments to the Supreme Court!

The Persecution Of Chief Justice John Roberts Begins: Threats Of 2nd Amendment “Remedies”!

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Chief Justice John Roberts was a true “profile in courage” this morning in siding with the four Democratic appointees on the Supreme Court, and upholding the Obama Health Care law.

Roberts, despite his other shortcomings in the minds of progressives, including reaffirming the Citizens United case in another case involving Montana this week, has shown open mindedness on the immigration issue, and now on the health care issue.

He is concerned about the image of the Supreme Court, trying to avoid making it an overly partisan body, as it was in the Bush V. Gore case of 2000, which seriously damaged the image of the Supreme Court.

Roberts has a sense of history, and two Harvard Law School professors, Laurence Tribe and Walter Dellinger, correctly came to the conclusion that he would do what he did today.

Roberts, appointed by George W. Bush in 2005, has shown growth and great insight, and if he continued along the road he showed this week on immigration and health care, he could rank among the great Chief Justices by the time he retires in the next 20 years or so, considering he was appointed to the Court at age 50.

It would be great if long term, we could say Roberts ranks with John Jay, John Marshall, Charles Evans Hughes, and Earl Warren. He has begun the first steps along that road!

But he will have to bear severe criticism and bitter attacks from Republicans in Congress, and hateful right wing talk show hosts. He should be proud of defying them, and doing the right thing, and being insulated on the Court, he can suffer the attacks without having to comment on them.

But it is sad and scary that some right wing nuts talk about a Second Amendment “remedy”, implying bloodshed and violence against, maybe, President Obama, or Chief Justice Roberts, or really anyone who believes that all Americans are entitled to good health care!

The government needs to step up infiltration of right wing groups who are actively plotting to bring about a Fascist takeover, and are ready and willing, through militia groups, to plot the death of our leaders for having principles and morals and strong beliefs!

Right now, we can pray for the safety and good health of President Obama, Chief Justice John Roberts, and all good people who believe in humanity, social justice, and common decency!

Walter Dellinger And Laurence Tribe, Esteemed Law Professors At Harvard, Predict John Roberts Support For Health Care Law Tomorrow In Supreme Court!

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Two leading law professors at Harvard have predicted that Chief Justice John Roberts will lead a 6-3 decision in support of the Obama Health Care program tomorrow in the Supreme Court.

Walter Dellinger, former Solicitor General, and Laurence Tribe, who actually taught Roberts at Harvard, both predicted that result.

This author, certainly no expert on law as these two esteemed gentlemen, ventures the guess and hope in the same result tomorrow!

Hopefully, the author will be in the camp of two distinguished professors on the winning side, but we shall see, and learn the result, at about 10AM tomorrow!

The John Roberts Legacy Hanging On Tenterhooks As Health Care Decision Nears!

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Chief Justice John Roberts is reported to be writing the majority opinion for Thursday’s Health Care decision on “ObamaCare”.

Coming on top of his siding with Anthony Kennedy and three liberals on the Court on the immigration case, many observers sense that he and Kennedy will again be in the majority with the four liberals on the Court, and decide in favor of “ObamaCare”.

If Roberts does so, it will transform him immediately into one of the giants of the 17 Chief Justices of the Supreme Court historically.

If he does not do so, he is doomed to a negative role in judicial history, and will be seen by many observers as a failure as a Chief Justice.

The choice is that stark, as this case is the most important since Bush V. Gore, and follows the disastrous Citizens United Case, tragically upheld again yesterday in a Montana case on straight party line and ideology.

Roberts’ reputation is already in trouble, but could be resurrected by an open minded attitude toward health care as covered under the interstate commerce clause.

Roberts, it is said, worries about his and the Court’s reputation, and even if he serves another 20 years, he will never outlive the disappointment and turmoil that will occur if the Court rejects “ObamaCare”.

Since he seems to be a strong believer in federal power, as shown yesterday in the immigration case and the juvenile murderer case, we expect him to come down on the right of the federal government to regulate health care, and require a mandate, a demand that all citizens have health care coverage, if they wish to gain health care when needed, rather than sponging off those of us who have paid for health care.

The actual mandate would be the equivalent of about $15 a week, equivalent of one person having one meal per week at a restaurant, or half a tank of gasoline. Is this too much to ask of all citizens? The answer is NO!

Chief Justice Roberts: We are watching you!

A Reminder: The Supreme Court Determines The Future!

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WIth the Supreme Court term about to end on Thursday, and all of the tumult about the upcoming decision on the Affordable Care Act, and the decisions today on immigration, corporate spending in campaigns, and juvenile sentencing for life terms for murder fresh on one’s mind, it is again important to remember what most Americans don’t even know or realize: The Supreme Court determines the future, more than any part of American government!

A lifetime job, with total freedom to say and do what one wants, is a great power, and we are now suffering from the reality that Ronald Reagan may be dead for eight years, but two of his appointments to the Court (Antonin Scalia and Anthony Kennedy) are still dictating much of what happens in America; George H. W. Bush’s appointee, Clarence Thomas, is not going away anytime soon; and George W. Bush’s two appointments, Chief Justice John Roberts and Associate Justice Samuel Alito, will be around for at least two more decades on the Court, assuming good health!

And now with Scalia and Kennedy being 76, and Clinton appointees Ruth Bader Ginsberg being 79 and Stephen Breyer being 73, it is certain that one to four appointments are likely to be made by the winner of the 2012 election.

Can we afford President Romney shaping a Court that will be to the “right of Attila the Hun?”

It would destroy the chance for fairness, equity, humanity on the Court, and would continue the corporate conquest of American government going on with the Citizens United case, and the new Montana case just decided, that reaffirmed that earlier, disgraceful, decision!

It cannot be emphasized enough that NOTHING matters more than the Supreme Court and the federal circuit judges in this upcoming Presidential election! Economic policy and foreign policy are much less significant than constitutional law!

Obama and his supporters NEED to bring up this issue regularly, and never stop referring to it, with the hope that it will penetrate the brains of the American people!

Justice Anthony Kennedy Still The Key Vote On Supreme Court: 2 Positives, 1 Negative!

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Associate Justice Anthony Kennedy is still the key vote on the Supreme Court, and today batted 2 for 3!

He was part of the majority on the Arizona immigration law, with three out of four of the provisions of that law overturned, but still allowing police officers to check the status of people they stop for any violations.

He was also on the majority side on a case that gave juvenile murderers the possibility of parole from a life sentence.

He was on the wrong side of a Montana case designed to reverse the Citizens United case, a tragic development!

But two out of three is quite good, and there is still hope that he may be in the majority, maybe along with Chief Justice John Roberts, on the Obama Health Care law, when the Supreme Court announces its decision on Thursday, June 28.

The fact that Chief Justice Roberts joined Kennedy in the majority in the immigration case, with Justice Elena Kagan recusing herself because she had been Solicitor General during the time of the passage of the Arizona law, was encouraging to make people believe he might join Kennedy in the majority on the health care legislation. We shall see in three days!

So far, quite good!

Most Crucial Week In Supreme Court Since Gore V. Bush In 2000 Coming Next Week!

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There is no doubt about it! Next week, the last of the Supreme Court’s present term, will have an impact on America unseen since Gore V. Bush in 2000, which decided that George W. Bush would be our President, instead of Al Gore, who had a 540,000 popular vote lead in the Presidential Election Of 2000.

The week is crucial to both Barack Obama and his Democratic Party, and also to the opposition Republican Party.

It will have a massive impact on millions of Americans who may lose their chance to have health care, and could take away benefits that have already gone into play in the past two years, since the passage of the Affordable Care Act, known to many as “ObamaCare”!

After a century of struggle for health care for all, since the first suggestion under Republican President Theodore Roosevelt, we could see America finally coming to the level of available health care that all advanced industrial nations in Europe, Australia and Canada already have, or else we could go backwards and have a long wait before it can possibly happen again!

It would be a great tragedy if the main purpose of the Obama Presidency is wiped out, or weakened considerably, by the conservative Supreme Court. But this is one of the long range results of the Bush V. Gore case of 2000, rearing its ugly head now, a dozen years later If Al Gore had appointed two Justices to the Supreme Court, they would not have been John Roberts and Samuel Alito!

Also, the Supreme Court will decide if the discriminatory immigration laws of Arizona and Alabama will be allowed to stand, and if it is that result, it will be a major blow to human freedom, liberty, and dignity!

The lives of millions of undocumented immigrants will be put into a situation similar to what African Americans suffered from until the civil rights era started to challenge the prejudice, discrimination, and bias that existed for nearly a century!

Are we about to go backwards on human rights, and victimize immigrant groups, as often we have done in the past of American history?

These two cases are a battle for the future, against the past, and it could be a very tragic week!

One thing is very clear, no matter what the decisions, and that is that the MOST IMPORTANT reason to support Barack Obama and promote a Democratic controlled Congress is the future of the Supreme Court, with four members being ages 73-79, and at least a couple of them likely to be replaced in the next Presidential term.

We cannot afford a President Romney who would move the Supreme Court further to the right, making constitutional challenges on the issues of civil liberties and civil rights, and the power of the corporate world, unable to be resolved in a proper way for the next generation and more!

Is It The Kennedy Court, Rather Than The Roberts Court?

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The more one analyzes the US Supreme Court in recent years, it is more clear than ever that we should call it the Anthony Kennedy Court, rather than the John Roberts Court!

Kennedy, appointed to the Supreme Court by Ronald Reagan in 1988 as a compromise choice who could pass Senate muster, after the well publicized rejection of Robert Bork in 1987, has now been on the Court for 24 years, and is seen more than ever as the “swing vote” on the Court, first sharing that with former Justice Sandra Day O’Connor, until her retirement in 2005, but now all by himself as the most significant vote on the Court.

Kennedy, basically a conservative but with an open mind, has leaned to the Right two thirds of the time, and to the Left one third of the time on the average.

It is seen by just about all Court watchers that Kennedy’s vote on the Obama Health Care legislation is crucial, as to whether it survives or goes down.

Kennedy disappointed many on the left in being in the majority on the Bush V. Gore case of 2000, the Citizens United case of 2010, and the Strip Search case of this past Monday. But at the same time, he upheld the rights of gays to privacy in the Lawrence V. Texas case of 2003, enraging fellow Justice Antonin Scalia.

His questioning about the Obama Health Care law last week showed the quandary he is in, and he is getting pressure from many sources to uphold the law, but the belief is that he will not give in to pressure, and might even be tempted to go with the other conservative Justices in overturning the law.

The theory is that IF Kennedy goes with upholding the law, that Chief Justice John Roberts will join him, making it a 6-3 vote, but that if he decides to negate the law, then the vote will be a partisan 5-4 vote against the legislation.

So to call the present Court the Kennedy Court seems very appropriate!

The Destruction Of Civil Liberties: Anyone Arrested For Any Charge Can Be Strip Searched Multiple Times, By Declaration Of The Right Wing Majority Of Supreme Court!

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An extremely shocking, disastrous decision of the US Supreme Court today will bring the power of the legal system down heavy on ANYONE arrested and detained, no matter how minor the infraction, including traffic violations!

By a straight 5-4 conservative majority of the Supreme Court, a person arrested for failure to pay traffic fines, which he had actually paid, led to six days of detainment in a local jail, and constant, repetitive strip searches that left the person involved feeling a loss of his masculinity, self esteem and self image.

This is not for serious criminals who are accused of murder and rape and robbery alone; it is for ANY charge, no matter how minor, and not only for convicted criminals, but any suspect on any accusation that leads to arrest and detention.

The local police gain unusual powers and control, and what makes it any different than a dictatorship, one may ask?

It is one thing if someone is thought to have contraband on his person, but for everyone for any minor offense or accusation? This is absolutely CRAZY, but nothing can be done about it, and all of us will face the fear that if by chance we are ever detained for ANY reason, we will lose our sense of dignity and self worth!

And realize this includes not only men, but women and CHILDREN as well!

This is insanity, and shows the dangers when the “wrong” President is in office!

This is the result, long term, of the Bush V. Gore case, where the Supreme Court, on a purely partisan basis, gave George W. Bush the Presidency over Al Gore, which led to Chief Justice John Roberts and Associate Justice Samuel Alito in 2005 and 2006!

These two men are proving to be hard line conservatives, and now we must wonder if Roberts, who supposedly worries about the image of the Court, will do what is right on the Obama Health Care legislation in June, and prevent a purely partisan decision by 5-4.

But it also makes one wonder about Associate Justice Anthony Kennedy, a Reagan appointee, who sometimes goes against the conservative majority on the Court, and who could have prevented this nightmare decision today, but chose not to do so.

Will he stay with the conservative majority again on the Obama Health Care law? This is crucial, since if he joins the four liberals on the Court, it is seen as likely that Roberts would join that side, but if Kennedy stays with the conservatives, Roberts assuredly will stay with them as well.

These are the consequences of electing a President, and makes the re-election of Barack Obama even more urgent, as otherwise, the Court will become no better than a Fascist Court in spirit, if not in name!

This decision of the Court will damage the reputation of that body, and it is something all of us who care about civil liberties will mourn for a long time!

Just be very careful NEVER to face arrest, as if we can control that!

Showdowns Between Presidents And The Supreme Court: Jefferson, Jackson, Lincoln, Franklin D. Roosevelt, Nixon, And Obama

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President Barack Obama today challenged the Supreme Court to support the Obama Health Care legislation, which was argued last week before the Court in an unprecedented three day, six hour presentation by the two sides in the case.

Obama made clear that two conservative Circuit Court judges, Laurence Silberman and Jeffrey Sutton, have backed the legislation as constitutional.

Just by simply answering a question from a journalist, what Obama has done is thrown down the gauntlet to the Court, as he did when he criticized them face to face at the State of the Union Address in 2010, shortly after the decision in the Citizens United case, the most unpopular decision of the Court since Bush V. Gore in 2000.

As the author listened to Obama’s challenge to the Court, it brought back the history of Presidential challenges to the Supreme Court in the past.

Thomas Jefferson and Andrew Jackson challenged the Court’s authority, causing antagonism between both Presidents and Chief Justice John Marshall.

Abraham Lincoln was critical of the Dred Scott Decision before his Presidency, and was in conflict with Chief Justice Roger Taney during the Civil War, until Taney’s death in 1864.

Franklin D. Roosevelt denounced the Supreme Court over challenges to the New Deal programs, and tried to “pack” the Court, and Chief Justice Charles Evans Hughes defended the Court from the attacks of the President.

Richard Nixon denounced the Court as too liberal and permissive under Chief Justice Earl Warren, when Nixon ran for President, with Warren swearing him in as President, and then retiring later in 1969. Nixon then had the opportunity to make four Supreme Court appointments and turn the Court more conservative.

And now, Barack Obama has challenged the Court for the second time, with Chief Justice John Roberts expressing discontent, after the fact, to the first criticism of the Court, expressed during the State of the Union Address.

Wondering what the ultimate relationship between Obama, and the Chief Justice and the entire Court in the future, will be, is one of the key events of this election year!

Certainly, Obama is in good company, distinguished company, with the other Presidents who have challenged the Supreme Court!