Robert Bork

The Record And Views Of Supreme Court Nominee Brett Kavanaugh Could Determine Constitutional Law To 2050!

Ronald Leave a comment

Tomorrow, the contentious hearings on the nomination of Supreme Court nominee Brett Kavanaugh will begin in the Senate Judiciary Committee.

These will be the most controversial set of hearings since 1987 and Robert Bork, and 1991, with Clarence Thomas.

On both of those occasions, the Democrats controlled the Senate, and Bork was rejected by a vote of 58-42, while Thomas was confirmed by a vote of 52-48.

The effect of Justice Clarence Thomas for the past 27 years has been profound, with many future potential Circuit Court or Supreme Court candidates having clerked for him.

Thomas has been trying to take us back to the Articles of Confederation in many ways, but also admiring Presidential power at the same time.

This is the danger of Brett Kavanaugh, that he would take America domestically back to the Gilded Age, wiping out the New Deal, Great Society, and everything Barack Obama changed.

He comes across on the surface as a pleasant, nice man, but it is all very misleading.

This is a man who worked for Ken Starr in the impeachment of Bill Clinton, and now Kavanaugh has changed his view of Presidential power 180 degrees.

This is a man who worked in the White House for George W. Bush, and helped to plan the idea of an anti gay marriage amendment, that was part of the campaign of Bush in 2004. And now, Donald Trump has used executive privilege to prevent 100,000 documents from Kavanaugh’s time in the Bush White House from being made available, which is another controversy now created, as why should the Senate be unable to examine all pertinent material about a nominee?

This is a man who worked to deny September 11 victims the ability to sue for damages, limiting unsuccessfully that intent.

This is a man who in his Circuit Court decisions has come out against abortion rights, against ObamaCare, against the Consumer Financial Protection Bureau, against labor union rights, and willing to support limitations on voting rights.

This is a man who might be able to vote on whether Donald Trump can be indicted or prosecuted, and should recuse himself on any such matters as a conflict of interest, but likely will not do so. Justice William Rehnquist, when new on the Court as an Associate Justice, recused himself from the US Vs. Richard Nixon case in 1974 (after which Richard Nixon resigned), because Rehnquist had worked in the Justice Department under Nixon. So that famous and significant case was 8-0, not 9-0 or 8-1, and at the least, a Justice Kavanaugh should recuse himself from any case involving possible legal action against Donald Trump.

Kavanaugh could affect future decisions on campaign finance, climate change, election gerrymandering, and travel bans, and regulation of guns.

He would also create a right wing conservative Court, unlike any since 85 years ago.

And being only 53, he could be on the Supreme Court until 2050, when he would reach 85 years of age.

This would be the most long range effect of Donald Trump, no matter how much longer he remains in the Presidency, along with the 26 and more Circuit Court confirmations already accomplished by Senate Majority Leader Mitch McConnell, along with Supreme Court Justice Neil Gorsuch.

The Democrats’ only hope would be IF all 49 Democrats hold fast (highly unlikely); Susan Collins and Lisa Murkowksi (both pro choice on abortion) abandoning the party ties on this vote (highly unlikely); and the person who replaces John McCain in the Senate (maybe Cindy McCain) joining the two women Republican Senators in voting against Kavanaugh (highly unlikely).

Supreme Court Battle Most Contentious Since Robert Bork And Clarence Thomas Nominations In 1987 and 1991

Ronald Leave a comment

It is already clear, just two days after Supreme Court Justice Anthony Kennedy announced his retirement, that the battle to confirm a replacement will be the most contentious since Robert Bork was nominated by Ronald Reagan in 1987, and Clarence Thomas was nominated by George H. W. Bush in 1991.

Both times, the Democrats, however, controlled the Senate, and this time, they do not, which is a massive difference.

Bork was defeated in a roll call vote of 58-42, while Thomas was confirmed by a vote of 52-48.

The Democrats have limited ways to stop the confirmation of a replacement for Anthony Kennedy, as no longer can the filibuster tactic be used, and Senate Majority Leader Mitch McConnell is unwilling to give an inch to the Democrats.

The only hope for the Democrats is to convince Republican Senators Lisa Murkowski of Alaska and Susan Collins of Maine to back up their strong support of abortion rights, but both voted for Neil Gorsuch last year, as the first Supreme Court choice of Donald Trump.

But it is certain that the fireworks over this nomination, whoever it might be, will make the 2018 midterm elections even more a reason for all Americans to pay attention and to vote, as clearly, voting can change the course of history, and non voting has consequences!

From Richard Nixon And The “Saturday Night Massacre” To Donald Trump And The “Tuesday Night Massacre”: Same Result Will Occur!

Ronald Leave a comment

It is hard to believe that we are reliving Richard Nixon and the Watergate Scandal, and specifically the “Saturday Night Massacre” on October 20, 1973, when Nixon fired Special Prosecutor Archibald Cox, followed by Elliott Richardson (Attorney General) and William Ruckelshaus (Deputy Attorney General), with Robert Bork, later rejected for the Supreme Court in 1987, finally dismissing Cox. But this shocking event created a constitutional crisis, which led to Richard Nixon facing impeachment, and ultimately resigning ten months later in August 1974.

Now, on Tuesday, May 9, 2017, appropriately termed the “Tuesday Night Massacre”, Donald Trump has fired FBI Director James Comey, claiming the reason being Comey’s decision to announce a further investigation of Hillary Clinton, Trump’s opponent, including 11 days before the election in 2016, helping to cause the victory of Trump over Clinton. This is totally preposterous as an explanation. It also is a clear cut attempt to stop the FBI investigation into Trump’s connection to the Russian government of Vladimir Putin through various aides who had close ties with Russia. If it was to be found that Trump was engaging in what could be seen as treason, he would face impeachment and removal from office, even beyond other charges of corruption and malfeasance by Donald Trump.

One can now foresee that Donald Trump will NOT finish his term in office, and will be forced out by resignation or impeachment at some point.

It will NOT be soon, but this blogger did write on History News Network, and it went viral, that Trump might be forced out between the 199 days of President James A. Garfield (which would be reached on August 7, 2017), and the 492 days of President Zachary Taylor (which would be reached on May 27, 2018).

The manner of dismissing Comey, while he was in Los Angeles, learning from cable news bulletins that he had been fired, is very similar to Nixon ordering seizure of the offices of Special Prosecutor Archibald Cox, and expect that there will be moves now to demand a Special Prosecutor, or else resolutions of impeachment will commence.

Donald Trump is more corrupt than Richard Nixon, imagine that, and will elevate Nixon by comparison, and Trump will go down as the absolutely worst President ever, raising the stock of James Buchanan, Andrew Johnson, Franklin Pierce, and Warren G. Harding!

115th Congress Begins Tomorrow: Joe Biden Could Have A Surprise (We Can Hope)!

Ronald 5 Comments

Tuesday, January 3, is the opening of the 115th Congress, but Joe Biden is still Vice President for 17 days more, and could have a surprise up his sleeve, which is perfectly constitutional.

What is this potential surprise?

Joe Biden, in league with Democrats in the US Senate, can call for an immediate vote on the languishing Supreme Court appointment of Merrick Garland, made ten months ago, to replace Justice Antonin Scalia, who died in February of last year.

It is unheard of to deny the Supreme Court a full number of members for an entire year, but this is what the Republicans and Senate Majority Leader Mitch McConnell did, and it borders on unconstitutionality, for which the Republicans have suffered no consequences.

Joe Biden, after 36 years in the US Senate, and eight as Vice President under Barack Obama, has continued to keep good relationships across the aisle, and was praised profusely recently by Republicans, as well as Democrats, in a near eulogy about his great Senate and public service.

But that does not mean that Joe Biden is, as nice and gracious and cordial and warm as he is, not willing to be a gutter fighter over principles he believes in, and he was vehement at the unfairness of not giving Merrick Garland a Senate hearing at the least, on his unquestioned qualifications to be a Supreme Court Justice.

Garland was “railroaded” in Biden’s mind, victimized for no good reason, and Joe feels Garland should not be pushed by the wayside, in his own heart and mind.

So the rumors were around, and then hushed, that Joe Biden might call for a vote of the 66 returning Senators who do not need to be sworn in by him after 12 noon tomorrow.

If he decides to call a vote, the balance of those 66 Senators is 34 Democrats, 2 Independents (Bernie Sanders and Angus King), and 30 Republicans, so on a straight party line vote, Garland would be confirmed 36-30, and Mitch McConnell and the Republicans could do NOTHING about it legally, as it is constitutional to call a vote, and there is no constitutional requirement to have hearings. Many Justices never had hearings, which only became customary and drawn out in the 1980s, when Joe Biden led the fight with Ted Kennedy against Robert Bork, and later in the 1990s and since, when Joe Biden led the fight against Clarence Thomas on the Court.

So the point is that Joe Biden knows now to play “hard ball”, and he just could surprise us tomorrow, which would lead to condemnation by the right wing and Republicans, but who really cares?

The GOP does not worry about being nasty and playing “hard ball”! In fact, they specialize and revel in it, so let them stew in their own juice!

Let us hope that Joe makes news and distinction for one of his last actions as Vice President and Presiding Officer of the US Senate.

Let him become the center of attention, and maybe, just maybe, if he stays in good health, he can break a new barrier in four years, becoming the oldest President of the United States at age 78, making Donald Trump and Ronald Reagan look like youngsters by comparison.

Certainly, Joe Biden, the common man with no fortune, running against the wealthiest and most arrogant man to ever hold the Presidency, Donald Trump, would look very tempting as an alternative in 2020, since so many think he could have won the difference in the vote in Michigan, Wisconsin, and Pennsylvania, had he run, and son Beau Biden had not tragically passed away in 2015.

And there are strong hints that Delaware Senator Tom Carper, with a long distinguished career with six years as State Treasurer, ten years as Congressman, eight years as Governor, and 18 years as US Senator by the end of 2018, may wish to retire, so imagine this!

Joe Biden could run for and win back a Senate seat and add to his 36 years in the Senate, and be a sitting Senator if he decides to run for President again, and if not, he can still serve his nation in the US Senate, and add to his distinguished record of public service!

44 Years Of Republican Supreme Court Majority Comes To An End With Death Of Justice Antonin Scalia!

Ronald 5 Comments

The death of the most right wing Supreme Court Justice, Antonin Scalia, in modern American history, offers Barack Obama and the Democrats a real opportunity to transform the majority of the Supreme Court, which has been with a Republican appointed majority for the last 44 years!

With the appointment and confirmation of Justices William Rehnquist and Lewis F. Powell, Jr. by Richard Nixon in January 1972, the beginning of the fourth year of his Presidency, we have had a Republican appointed majority, and the Democrats have only had a total of four appointments to the Court, as compared to the nine that the Republicans have had.

With nearly a full year until the next Presidential inauguration, there is no excuse for the Republicans to filibuster or to dismiss an appointment without just cause, and the Republicans are playing a very dangerous game in so threatening, within hours after Scalia’s death.  Public opinion is likely to reverberate against them if they follow through and create the longest delay in a Court appointment being confirmed.

The all time record is the 125 days between when Woodrow Wilson nominated Louis Brandeis, the first Jewish member of the Court, until his confirmation in 1916.  The second longest delay was when Ronald Reagan nominated Robert Bork in 1987, and his rejection by the Senate after 114 days.

So to say it will take more than the 342 days when the next President is inaugurated to gain a ninth Supreme Court Justice is totally preposterous, and delays so many decisions, and basically cripples the ability of the Court to do its job, its constitutional duty.

Already, the Republicans have shown they do not believe in doing the government’s business in the House of Representatives and the Senate, so are they now going to do the same with the Supreme Court?

Is this the way for them to convince the nation to give them responsibility for control of both houses and the Presidency, and also the Court for the long term future?

Obviously, the answer is NO, so the chance for a Supreme Court of nine members might very well be resolved with Barack Obama appointing a perceived moderate to the Court, which will be hard for the Republicans to refuse to confirm!

Barack Obama is our President for another eleven months, and constitutionally, he has the right and the responsibility to choose a new Supreme Court Justice, no matter how the Republican Party feels about it!

Run, Joe, Run! Arguments For Joe Biden To Announce For President!

Ronald Leave a comment

The death of Joe Biden’s son, Beau Biden, on May 30, seemed to clinch that Joe Biden would NOT run for President, and would decide to spend more time with his family 18 months from now, when his Vice Presidency comes to an end.

Being that he will be 74 by Election Day in 2016, it would seem to make sense that it would be time for Joe to “hang up his cleats”, and end his brilliant 44 year public career.

But now, the hints are strong that Joe Biden will NOT give up on being President, as it is said that his dying son urged him to go for what he has wanted all of his life.

It seems likely now that Joe Biden might announce his candidacy in August, and he seems to have strong support and a “Draft Biden” movement is actively recruiting suppoort.

It might seem surprising that after the loss of his beloved son, that Joe would decide to run, but one must understand that politics is his lifeblood!

One has a feeling that if he decides not to run, that he might still seek a role in the next Democratic administration, most likely that of good friend Hillary Clinton.

Somehow, the thought of Joe and Hillary openly setting out to destroy each other seems unlikely, just as Bernie Sanders has been very careful in his criticism. This is NOT the Republican Party, where everyone has knives out to destroy all opponents. A race of Hillary, Joe and Bernie could be the most civil race imaginable, and do a lot of good for the nation, setting a standard of decent behavior while seeking the Presidency. This is something everyone who has any intelligence and class should wish for and want!

And as much as Hillary has great experiences, and Bernie has great principles and decency, who can argue that Joe is not even better qualified, and has a genuineness, an authenticity that cannot be matched by any other candidate?

After all, Joe has had 44 years of experience, unmatched by ANYONE! He knows how to get along with the opposition, and is well liked and respected by Republicans who may disagree on policy, but really admire the guy! He has been invaluable as Vice President, and has great impact on policy. He is seen as the second most influential Vice President in American history, after Walter Mondale under Jimmy Carter.

Senator Lindsey Graham of South Carolina just voiced the thought of how great a guy Joe is, how it is not possible for anyone not to like and admire him, even if totally disagreeing on policy! And remember that Graham is a potential Presidential opponent!

Joe is a very talented leader who led on the fight against Supreme Court nominee Robert Bork in 1987, causing Anthony Kennedy to be on the Court and be involved in the gay rights and gay marriage cases, which Bork would never have supported. And Biden came out for gay marriage before Barack Obama, pushing him into support that might not have happened otherwise!

Joe is often right on foreign affairs, and told us ten years ago that Iraq should be three nations–Kurds, Shiite, and Sunni areas, and he has been proved right on that.

Joe is perceptive, visionary, and as a person, he is lovable, really caring about people, always ready with a big smile and a kind word! It recently came out that Joe encouraged a young man years ago who had trouble with stuttering, as Joe did when he was young, and now that man is telling all of us the impact Joe had on his life, giving him encouragement, and has published the handwritten letter Joe sent him a long time ago that changed his life! This is very inspirational stuff, no question about it, as Joe is very SPECIAL!

Sure, he has faults, such as sometimes “stupid” statements and too much “hands on” with women in public situations, but the important point is that there is no hint that he is anything but loyal to his wife, Dr Jill Biden. And no one is more devoted to his family, including his children and grandchildren.

No one who meets Joe has ever seen him as other than a “good guy”, and he has the enthusiasm about public affairs and public policy of a Hubert H. Humphrey!

His age is not a factor if we are considering so many others in both parties who are in their 70s or near 70, as Hillary Clinton is, for example.

There is no good argument for Joe against running, and if he loses the nomination, he will be gracious in defeat, and willing to help the next President at, who knows, maybe being Secretary of State or some other important position, as hie knowledge base and his experience make him useful into the future.

Joe Biden is not the past; he is the present and the future, and let us wish good luck in his likely quest for the Presidency, and whatever happens, he will have given it a “good fight”!

Anthony Kennedy, The Third Choice Of Ronald Reagan For The Supreme Court In 1988!

Ronald Leave a comment

President Ronald Reagan had the misfortune of having two Supreme Court nominees rejected near the end of his term, and forced to choose someone else for the Court.

His nomination of Robert Bork, and then, Douglas Ginsburg, and his selection of Anthony Kennedy in their place in 1988, was a moment of tremendous historical importance.

With either Bork or Ginsburg, it is almost certain, if not so, that gay rights and gay marriage would not have accomplishes the majority votes in 2003, 2013, and now 2015, granting gays and lesbians complete equality, including the right to marry!

The importance of one man and one vote is clear cut, as under our system, the Supreme Court, much more than we realize, has a majority of one vote on significant cases, and that one vote majority transforms America for good or for evil.

One vote on the Court decided Bush V Gore in 2000; one vote on the Court decided the Citizens United Case in 2010; one vote on the Supreme Court decided the dramatic weakening of the Voting Rights Act in 2013.

And the historic importance of Anthony Kennedy cannot be underestimated, as he has been the swing vote on the Court since Sandra Day O’Connor left the court ten years ago. Often, he has sided with the conservatives, but about one third of the time with progressives, as in these various gay rights cases.

Kennedy has had great courage, and he will suffer mightily with denunciations, death threats, and need for Secret Service protection, from right wing crazies who will wish him dead for his role in changing American society permanently.

Anthony Kennedy is truly a profile in courage and principle, and will play a positive role in the history of human rights, when this era we are living in, is written about in future generations!

“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!

Justice Harry Blackmun (1973), Justice Anthony Kennedy (2003), And The Likelihood Of Transformative Moment In Constitutional History Again!

Ronald 10 Comments

Associate Justice Harry Blackmun was a THIRD choice of President Richard Nixon for the Supreme Court in 1970 after rejection of Clement Haynesworth and G. Harrold Carswell, and Blackmun went on to make history in 1973, in authoring the decision in Roe V. Wade, arguably the most important decision in modern times on women’s rights!

Associate Justice Anthony Kennedy was a THIRD choice of President Ronald Reagan in 1988 after rejection of Robert Bork and Douglas Ginsburg, and Kennedy went on to make history in 2003, in authoring the majority opinion in Lawrence V. Texas, arguably the most important decision in modern times on gay and lesbian rights!

Are we about to see another transformative moment in the Court’s history and in constitutional history, with the upcoming case on gay marriage, being argued tomorrow and Wednesday, with Kennedy believed likely to continue to support gay advancement, and the hope that he will bring along Chief Justice John Roberts, who has a sense of history, and already showed leadership and courage in backing ObamaCare last June?

Many experts believe the Supreme Court will broadly back gay marriage, although they could just do a narrow decision on Proposition 8 in California, and on the Defense of Marriage Act as an alternative.

But this decision, if broadly based, could be of similar impact, as Loving V. Virginia was on interracial marriage in 1967, or Brown V. Board Of Education was on racial integration of public schools in 1954!

Robert Bork, Controversial And Rejected Supreme Court Nominee, Dead: Brings Back Memories And Reflections On Effect On Supreme Court

Ronald Leave a comment

Twenty five years ago, President Ronald Reagan nominated Robert Bork, former Solicitor General and Acting Attorney General under President Richard Nixon, as an Associate Justice of the Supreme Court. His death was announced today by his son.

Bork had become controversial for firing Special Prosecutor Archibald Cox during the Watergate Scandal, as ordered by President Nixon. But he also became controversial for the judicial viewpoint known as “originalism”, which contended that judges and Justices should always interpret the Constitution solely on the basis of what the Founding Fathers enunciated in the 18th century, and not consider changing times in their decisions.

This alarmed progressives, liberals, labor supporters, African Americans, women, environmentalists, and others who saw him as a threat to progress on race and gender, and also on privacy rights, including abortion and contraceptives, of which he vehemently was on record as an opponent of such rights not contained in the original Constitution. Ted Kennedy and Joe Biden became major critics, and his nomination became a massive controversy, and made it that future Supreme Court nominees would be examined with a “fine tooth comb”, making them less willing to be as forthcoming as Bork was in the Senate Judiciary Committee hearings.

Bork also believed in no limitation on police rights, and thought evolution should not be taught in public schools as fact, therefore promoting fundamentalist religion as part of the curriculum of schools. He was confrontational in his approach, giving as good as he received in the pursuing debate. He displayed no problem with the growth of monopolies, and had no interest in the rights of gay men and women.

After a bitter battle, he was rejected, and this affected the future Court, as Anthony Kennedy became the new appointee the following year, and now after almost 25 years on the Court, has become in recent years the “swing” vote on many cases, therefore having a major impact on constitutional law.

Do not forget that Kennedy’s vote on Gay Privacy rights, in Lawrence V. Texas in 2003, transformed the gay rights movement, and it is thought likely that his vote will call for the allowance of gay marriage when the cases presently before the Court come up for consideration in March, and decision in June!

There is no way that Robert Bork would have been a “swing” vote on the Court, and might very well have been MORE conservative and right wing than either Antonin Scalia or Clarence Thomas have turned out to be, so it was a great moment when Bork, with his radical right agenda, wishing to turn back the decisions of the Earl Warren and Warren Burger Courts that expanded individual rights from the 1950s through the 1980s, was soundly rejected!