New York

What If Utah Senator Mike Lee Is Nominated For Supreme Court?

Early speculation on who Donald Trump might select to replace retiring Justice Anthony Kennedy on the Supreme Court centers on Utah Republican Senator Mike Lee, an original Tea Party member, having served in the Senate, and promoting libertarian ideas since 2011.

Not always a supporter of Trump, and not backing him in 2016 due to the Access Hollywood tape, Lee would still be a prime choice for Trump.

Lee is only 47 and could be expected to serve on the Court until 2050 and beyond.

He is a member of the Senate Judiciary Committee, which has to consider the Supreme Court nomination, and there are 11 Republicans to 10 Democrats on that committee.

To believe that any of his GOP colleagues on the committee, or even in the Senate, would vote against their party member, is hard to conceive.

And if all 50 Republicans stay united (minus John McCain, who is not likely to return to Washington DC anytime soon), at the worst, Vice President Mike Pence can vote if need be, but a 50-49 vote is a majority, and likely, a few Democrats, in red states facing election, would cross the aisle and vote for Lee, as they did for Neil Gorsuch a year ago.

Having a Senator on the Supreme Court is not unheard of, as it has happened 15 times in American history.

Most famously, there was Alabama Democratic Senator Hugo Black, who served on the Court for 34 years from 1937 to 1971, appointed by Franklin D. Roosevelt. And President Harry Truman appointed two Senators—Sherman Minton of Indiana, who served from 1949-1956; and Harold Burton of Ohio who served from 1945-1958.

Also, there have been 17 Congressmen who served on the Supreme Court, including Warren G. Harding appointee George Sutherland of Utah who served from 1922-1938; and Chief Justice Fred Vinson of Kentucky, who served from 1946-1953, appointed by President Truman.

Finally, 6 Governors have been appointed to the Supreme Court, the last and most famous being California Governor Earl Warren, appointed Chief Justice by President Dwight D. Eisenhower in 1953 and serving to 1969; along with significant appointments by President Abraham Lincoln of Ohio Governor Salmon P Chase to be Chief Justice, serving from 1864-1873; former New York Governor Charles Evans Hughes, first appointed to the Court by William Howard Taft from 1910 to 1916, and then returning to the Court as Chief Justice by appointment of President Herbert Hoover from 1930-1941; and Michigan Governor Frank Murphy, appointed by FDR and serving from 1940-1949.

State Governorships And The Presidency

As reported two days ago on here, there were 19 Presidents who had served in the US House Of Representatives, almost 45 percent of all Presidents

When one examines state governors who became President, we discover that there were 17 such cases, two less than those who were Congressmen, so about 40 percent of all Presidents.

The list of state Governors who went to the White House include, in chronological order:

Thomas Jefferson
James Monroe
Martin Van Buren
John Tyler
James K. Polk
Andrew Johnson
Rutherford B. Hayes
Grover Cleveland
William McKinley
Theodore Roosevelt
Woodrow Wilson
Calvin Coolidge
Franklin D. Roosevelt
Jimmy Carter
Ronald Reagan
Bill Clinton
George W. Bush

Four of these Presidents were NY Governor (Van Buren, Cleveland, TR, FDR), with three Virginia Governor (Jefferson, Monroe, Tyler), two from Ohio (Hayes, McKinley), and two from Tennessee (Polk and Johnson). There were also one each from New Jersey (Wilson), Massachusetts (Coolidge), Georgia (Carter), California (Reagan), Arkansas (Clinton), and Texas (George W. Bush).

Four ascended to the Presidency from the Vice Presidency, with John Tyler and Andrew Johnson not elected President later, while Theodore Roosevelt and Calvin Coolidge were elected President in their own right.

Five times in American history, we had one governor succeed another one–1845 when Polk succeeded Tyler; 1897 when McKinley succeeded Cleveland; 1901 when TR succeeded McKinley; 1981 when Reagan succeeded Carter; and 2001 when George W. Bush succeeded Clinton.

There were two periods of years when there were no governors in the White House–from Polk leaving office in 1849 until Andrew Johnson in 1865; and from FDR leaving office in 1945 until Carter in 1977.

Twenty eight of the last 40 years between 1977 and 2017 saw a total of four Governors in the Presidency, from Carter to Reagan to Clinton to George W. Bush.

The Long, Controversial Career Of California Governor Jerry Brown, Arguably Now The Best Governor In America As He Leaves Office At Age 80!

California Governor Jerry Brown became 80 years old last week, and he has proved that an older political leader can be very effective, as he finishes his second consecutive term as the leader of the largest state, and the fourth term altogether going back nearly a half century.

Brown was elected Governor in 1974, when only 36 and served two terms of office until 1982. He was the youngest Governor in modern California history.

Twenty eight years later, at age 72, he was again elected in 2010 and is now finishing his second round of two consecutive terms in the California Governorship.

So over a period of 36 years, he served more years in office than all but a few state Governors in American history.

By the time he retires in January 2019, only Terry Branstad of Iowa, now Ambassador to China, with 22 years four months; George Clinton of New York serving 20 years and 11 months (in the late 18th and early 19th centuries); and South Dakota Governor William Janklow with 16 years and 7 days, will have served longer than Brown at 16 years and 5 days, with Alabama Governor George Wallace having one less day, at 16 years and 4 days–the only five Governors to have served 16 full years and more.

Brown, of course, also sought the Presidency in 1976 and 1980 against Jimmy Carter, and in 1992 against Bill Clinton. Additionally, he was California Secretary of State from 1971-1975, when he became Governor, and also Mayor of Oakland, California from 1999-2007 and California Attorney General from 2007-2011, when he was again elected Governor. Brown also ran for and lost a US Senate bid in 1982 to Peter Wilson, who later went on to be elected Governor of California in 1990 and 1994.

So altogether, he served in public office for 32 of the past 48 years, and was not in public office for 16 years after being in office for 12 years, but then had a “renaissance ” leading to a second period of 20 years. And even in that period of being out of office, he ran for the Presidency a third time.

Brown has always been controversial, but he is now acknowledged by many observers as being the best state governor in America, having revived the fortunes of California in his third and fourth round in Sacramento.

And he has been a leader in fighting Donald Trump and his agenda, particularly in regard to the environment, and on immigration.

So despite the fact that he would be 82 in 2020, some have wondered if he would seek the Presidency yet again 44, 40, and 28 years after earlier seeking the White House.

The odds of his announcing for President or being able to win the nomination and election are extremely long, but Jerry Brown has proved he cannot be judged by normal circumstances, and that if anyone can defy the odds, it is Jerry Brown!

Likely Changes In Electoral Votes And Congressional Seats As Result Of 2020 Census Figures

We are two years away from the 2020 Census, which will determine:

Electoral Vote Changes for 15 or 16 states
Congressional Seat Changes for 15 or 16 states
Federal Funding of Domestic Programs for all states

With Donald Trump’s attempt to cut population growth in the Census by putting fear into undocumented immigrants filling out the Census forms, it could affect all of the above.

As things now stand, 6 states are certain to gain electoral votes and Congressional seats, while 9 other states lose electoral votes by 2024, and Congressional seats by the 2022 midterm elections.

Interestingly, California, which has regularly gained multiple seats for decades, has not grown enough in comparison to the total population of the entire nation, so will for the first time ever gain no seats at all. Of course, with many undocumented immigrants, more than any other state, there is a theoretical possibility that California could, conceivably, lose a seat if enough of this group do not fill out Census forms.

The state of Virginia also has not grown enough, just like California, so is unlikely to gain a new electoral vote or Congressional seat.

Texas will likely gain 3 electoral votes and seats, while Florida will gain 2, and with Arizona, Colorado, North Carolina, and Oregon all gaining one each. All these states are in the Sun Belt, except Oregon in the Pacific Northwest.

So a total of 9 seats and electoral votes will be gained by a total of 6 states, which means those 9 seats will come from 9 different states, with 7 coming from the Northeast (Rhode Island, New York, Pennsylvania) and Midwest (Ohio, Michigan Minnesota, Illinois), and two from the South (West Virginia, Alabama).

It is also possible with changes in population in the next three years, that an additional seat could be lost by Illinois, and gained by Montana in the Pacific Northwest, which has lost a seat before, and might gain it back.

So at a maximum, 16 states will see their electoral votes and Congressional seats change, 7 gaining as a maximum and 9 losing as a maximum. The other 34 states will have no change at all.

Also, with Rhode Island about to lose a seat, it will be left with only one Representative At Large, joining Alaska, Wyoming, North Dakota, South Dakota, Vermont and Delaware, assuming Montana gains a seat. Otherwise, the total number of states with only one House seat would grow from 7 to 8.

The Key To A Majority Of Democrats In House Of Representatives: Gains In New York, New Jersey, Virginia, Illinois, California

Five “Blue” States for Hillary Clinton and the Democrats have a total of 42 seats of Republicans in the House of Representatives—New York, New Jersey, Virginia, Illinois, California.

All of these states, except Illinois, presently have Democratic Governors, with Bruce Rauner in great trouble in trying to win reelection in Illinois, including the possible Democratic challenger being Chris Kennedy, one of the sons of Robert F. Kennedy.

Five out of nine in New York; four out of five in New Jersey; four out of seven in Virginia; four out of seven in Illinois; and eight out of fourteen in California—these are the vulnerable seats, a total of 25, with the Democrats needing 24 seats to gain majority control of the House of Representatives.

Not all will be won, of course, but some of these Republicans have decided not to seek reelection, which makes their seats even more likely to switch. Altogether, 25 of the 42 seats that are presently Republican in these five states are in play.

of course, there are many other vulnerable seats for Republicans, but if a high percentage of these seats in the five “Blue” states go Democratic, then it is assured that the Democrats will gain majority control in November 2018.

Arizona, Florida, and Pennsylvania also have contested seats that could go Democratic, so the real battleground is the five “Blue” states and these three states that went to Donald Trump.

Off Shore Drilling Prevented In Florida By Rick Scott Intervention: Time To Prevent All Off Shore Drilling On All Coasts Of United States!

The Trump Administration and Secretary of the Interior Ryan Zinke have called for open offshore drilling off the Atlantic and Pacific Coasts, and in the waters surrounding Alaska, a violation of past environmental policies.

Favoring the oil and gas industries over the preservation of our coastlines is an outrage, and all Governors of the states affected have protested, rightfully.

But already, Republican Governor Rick Scott of Florida, who plans to run for Bill Nelson’s Senate seat this fall, has joined Nelson and Republican Senator Marco Rubio in pressing for leaving Florida out of the offshore drilling edict, and the Trump Administration and Zinke have caved in, clearly for political reasons.

But that is not enough, as all states with ocean shoreline should be freed from this cave in to the oil and gas industry, and we do NOT need such exploration of our oceans, and too many oil spills and accidents have occurred, which kill of ocean life and pollute the waters.

The problem is that most of the coastal states are “blue”, or Democratic states,in New England, the Middle Atlantic, and the Pacific Coast. This includes Maine, Massachusetts, New Hampshire, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, with only the latter three being Republican states, as is Florida. The Pacific Coast states include Washington, Oregon, and California, along with Hawaii and Alaska, with all but Alaska being Democratic states. Alaska, Florida, and California are the top three in coastline waters.

This should not be a political issue, and the fight to protect our wetlands is one that must be fought in a vehement, no holds barred, manner.

It should also include any new drilling in the Great Lakes area and along our various river systems, as we need to move toward alternative sources of energy, as so many nations in Europe, particularly Germany as an example, are doing.

Is Our Future Leadership Our Past Contenders, And “Old” Leaders (Those Over 70 In 2020)?

At a time when many observers would say we need to look to a new generation of leadership for America. instead the potential for our past contenders or “old’ leaders to end up competing for the Presidency in 2020 is very clear.

On the Democratic side, we could have Senator Bernie Sanders of Vermont (age 79 in 2020); former Vice President Joe Biden (78 in 2020); former 2016 Presidential nominee and First Lady and New York Senator Hillary Clinton (age 73 in 2020); and Senator Elizabeth Warren of Massachusetts (age 71 in 2020) all announcing for President.

Some rumors even put retiring California Governor Jerry Brown (82 in 2020); former 2004 Presidential nominee, former Massachusetts Senator, and former Secretary of State John Kerry (77 in 2020); and former 2000 Presidential nominee and former Vice President Al Gore (72 in 2020) also in the mix.

On the Republican side, we could have President Donald Trump (74 in 2020) and former 2012 Presidential nominee, Massachusetts Governor, and future likely Utah Senator Mitt Romney (73 in 2020), announcing for President.

The question that arises is whether the voting population would be turned off to “Baby Boomers” and some born even before 1946, with Sanders, Biden, Brown and Kerry born between 1938 and 1943, being the competitors who make it to the final stage of the election campaign.

It is certainly likely that at least some of this above list is in the mix, but the likelihood still is that a Senator or Governor of a younger generation will be, at least, the Democratic Presidential nominee in 2020, and a slight chance that such would be the case in the Republican Party.

Historic Number Of Women In US Senate Tomorrow When Tina Smith Of Minnesota Replaces Al Franken

Tomorrow, January 3, 2018, will mark an all time record of the number of women who have served in the US Senate.

When Tina Smith is sworn in by Vice President Mike Pence on Wednesday, she will be the 51st woman to serve in the US Senate, and the 22nd presently to serve in that august body.

Tina Smith will replace Al Franken from Minnesota in the Senate, and this will be the first time that four states have had two women Senators representing them at the same time—California, Minnesota, New Hampshire, and Washington, with all eight women being Democrats.

17 of the 22 Senators on January 3 are Democrats, and 5 are Republicans.

17 of the total of 51 will have been Republicans, and 34 will have been Democrats.

18 states are presently represented by women Senators, and 29 have had women Senators historically.

North Carolina and New Hampshire have had a woman Senator succeeded by a woman of the other party, and had both parties represented by their women Senators concurrently in the case of New Hampshire.

The following 5 states have had 3 women Senators in history—California, Louisiana, Maine, Nebraska, and New Hampshire.

The following 11 states have had 2 women Senators in history—Alabama, Arkansas, Illinois, Kansas, Minnesota, Missouri, New York, North Carolina, North Dakota, South Dakota, Washington.

The following 13 states have had 1 woman in the Senate—Alaska, Florida, Georgia, Hawaii, Iowa, Maryland, Massachusetts, Michigan, Nevada, Oregon, Texas, West Virginia, Wisconsin.

11 of the total of 51 have served by appointment or had brief terms, with Tina Smith having the upper hand to keep the Minnesota seat since she was Lieutenant Governor when chosen to hold the seat for a year, facing an election in 2018.

The likelihood is that we will see more women in the Senate in the next few years, with several women competing for Senate seats in a number of states, and with Democrats still greatly outweighing Republicans in the Senate by a ratio of more than 3-1.

Additionally, we are likely to have four women Senators, all Democrats, seek the Presidential nomination in 2020, an all time record if that occurs. This would include Elizabeth Warren of Massachusetts, Amy Klobuchar of Minnesota, Kamala Harris of California, and Kirsten Gillibrand of New York.

Two Women Politicians Who Have Lost Esteem Recently: Kirsten Gillibrand And Nikki Haley, Both Potential Presidential Candidates In Future

Two women politicians—Democratic Senator Kirsten Gillibrand of New York, and United Nations Ambassador Nikki Haley, former Republican Governor of South Carolina—have both been in the news this year, but both, in different ways, have done harm to their reputations by recent actions.

Gillibrand, hailed for working on the subject of sexual harassment in the military and on college campuses, recently became the leader of a group of women Senators of her party going after fellow Democratic Senator Al Franken of Minnesota for incidents of sexual harassment. Originally this blogger, being shocked by instances of Franken acting inappropriately, saw Gillibrand become engaged in what seems as bullyism, pressuring Franken to resign rather than face a Senate Ethics Committee hearing, getting his “day in court”, and seeing if the charges are legitimate, and serious enough to force him out of the Senate. Franken caved in, and will leave, and just gave his farewell address in the Senate. It seems very unfair and a mistake in political judgment by Gillibrand and others against a fellow Senator with an excellent record of public service, including forcing Attorney General Jeff Sessions to recuse himself in the Russian collusion scandal, a major factor in the ongoing investigation by Special Counsel Robert Mueller. Franken deserved a chance to defend himself, but now that is gone.

Nikki Haley has had an admirable record as South Carolina Governor and now, UN Ambassador, and this blogger thought she was the best person in the Trump Administration by far. But now, suddenly, she has become a bully at the United Nations, demanding loyalty on the US recognition of Jerusalem as the Israeli capital, which did not convince any major country to support the United States on this non binding resolution. She embarrassed herself and the American people, by claiming she was going to “take names”, and that foreign assistance to various nations might be affected, forgetting that our foreign aid to other nations benefits us, as well as those nations. And now she is holding a party for the small number of insignificant nations who supported us, a laughable and ridiculous action.

So this blogger would say that while Kirsten Gillibrand and Nikki Haley once had stars that shone brightly, now both women have lost a great amount of credibility, and future Presidential yearnings have been heavily damaged by their recent actions.

Numerous Polls Show Major Democratic Advantage For 2018 Midterm Elections

At the time when the despicable Republican controlled 115th Congress has just passed the most reprehensible tax legislation in American history, with all GOP Senators, including those once thought to be opposed, supporting the legislation, and only 12 GOP House members from New York, New Jersey, North Carolina, and California voting against it, including five New York, four New Jersey, 1 North Carolina, and 2 Californians, there is a bright development.

Numerous public opinion polls are giving the opposition Democrats a major advantage for the 2018 Midterm elections.

A CNN poll shows an 18 point advantage for the Democrats.

A Quinnipiac poll shows an edge of 15 points for the Democrats.

A Monmouth poll shows the same 15 points edge for the Democrats.

A Marist poll gives the Democrats a 13 point lead.

And an NBC and Wall Street Journal polls gives the Democrats an 11 point lead.

It is traditional for the party not in the White House to gain seats and often control in the first midterm election of a President, with the major exception of 1934, and very minor changes in 1998 and 2002.

So the question is not whether the Democrats win the majority in both houses, but how much of a margin they might have, so they can attempt to reverse much of the damage perpetrated by Donald Trump and the Republican Party.