Ruth Bader Ginsburg

The Corruption Of The Supreme Court, With Five Appointees By Presidents Who Lost The Popular Vote!

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With the likelihood that Amy Coney Barrett will be successfully confirmed to be the replacement of Associate Justice Ruth Bader Ginsberg on the Supreme Court, we are about to have a Court with five appointees by Presidents who lost the national popular vote, but still won the Electoral College.

George W. Bush lost the national popular vote to Vice President Al Gore in 2000 by a 540,000 margin, but was able to select Chief Justice John Roberts and Associate Justice Samuel Alito in 2005 and 2006.

And now Donald Trump, who lost the national popular vote to Hillary Clinton in 2016, by a 2.85 million margin, has been able to select Associate Justices Neil Gorsuch in 2017, Brett Kavanaugh in 2018, and now Amy Comey Barrett in 2020.

And even more infuriating is that three of these five appointees helped the George W. Bush campaign in the Bush V Gore Supreme Court case, assisting him winning the case in a majority Republican selected Court in December 2000–specifically, John Roberts, Brett Kavanaugh, and Amy Comey Barrett!

And the right wing Federalist Society, which has been on a 40 year campaign to make the federal court system move to the extreme right on such issues as health care, abortion, gay marriage, gun rights, so called freedom of religion, deregulation of the economy and the environment, suppression of voting rights and labor rights, has fully succeeded in its campaign to undermine American democracy and a sense of humanity!

So when one complains from the right side of the political spectrum at the “horror” of Democrats “packing the Court” if they were to add seats to the Supreme Court, one has to say the level of hypocrisy is enormous, when that has been the commitment for four decades of the Right in American politics.

And who can say that if the Republicans were to win control of both houses of Congress and the Presidency, that they would not be willing to promote “packing of the Court’, so that they could add two to four more seats to the Supreme Court, and make the Court not just the 6-3 margin it will now be, but possibly 8-3 or 10-3, if two to four seats were to be added!

And one more point: Two of the six member Republican majority have had sexual misconduct hanging over their heads, although it has not affected their tenure on the Court, speaking specifically of Clarence Thomas and Brett Kavanaugh. So the ethical and moral standing of the Court has been damaged irrevocably!

But do the conservatives and the Federalist Society care about this? Not one iota!

Kamala Harris Main Arguments To Use Against Mike Pence In VP Debate On Wednesday Evening

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Arguably the most important Vice Presidential debate since the first one in 1976 is taking place this Wednesday in Salt Lake City, Utah, when Vice President Mike Pence confronts California Senator Kamala Harris.

The possibility of a female Vice President in the next Presidential term heightens interest in this debate between a Vice President who has been unwilling to express his own views with his President, by every measure we have; and a Senator, who headed the Justice system of the state with one eighth of the American people residing, in California.

Kamala Harris needs to address major issues with Mike Pence, and if necessary, be persistent!

These include:

Why are you NOT asserting yourself in this COVID 19 crisis, and allowing Trump family members to run rampant over your responsibility to the nation to invoke the 25th Amendment?

Why are you not emphasizing masks, social distancing, and avoiding large rallies on your own part?

Why have you not condemned white nationalism groups, including QAnon and “Proud Boys”?

Why do you refuse to resist the policy of favoritism toward Vladimir Putin, Kim Jong Un, and other dictators, and the worsening relations of the nation with NATO, Canada, Japan, and South Korea?

Why do you show no concern about the immediate loss of health care for 20 million or more people, especially in the midst of a world wide pandemic?

How do you explain all of the failures of Trump, including on;

the Mexico wall:

no health care alternative and plans to gut Medicare, Medicaid, and Social Security;

the inhumane treatment of immigrant children and their parents at the border;

the widespread corruption of Trump Cabinet officers and others;

Trump’s failure to match Barack Obama’s economic recovery; Trump’s constant attacks on veterans, Muslims, the disabled, and those who have died, including John McCain, and lack of respect for Ruth Bader Ginsburg;

and so many other shortcomings?

Harris will perform very well, with compassion, concern, empathy, decency, ethics, morality and persistence in asserting herself, and this will make her an excellent and principled Vice President under a President Joe Biden, who has the same character traits as she does.

And if circumstance puts Kamala Harris into the Oval Office, the nation will be well served and be in competent hands!

We Are On The Way To The Most Reactionary Right Wing Supreme Court Since The 1930s

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In the 1930’s, Franklin D. Roosevelt had the most reactionary right wing Supreme Court, working to undermine the New Deal.

This led him to promote the so called “Court Packing Plan” in 1937, to add six new Justices for each one over 70, but the Congress, controlled by his own party, but having a strong Southern conservative contingent, promoted its defeat.

Now, eight decades later, America is on the brink of having the most reactionary right wing Court since then, with the nomination of Amy Coney Barrett by President Donald Trump.

Already, the Supreme Court has four Justices appointed by Presidents who lost the popular vote, and now they will have a majority, if Barrett is approved, which is likely.

And Barrett does not believe in the doctrine of “Stare Decisis”, the legal principle of determining points in litigation based upon earlier precedents.

Instead, she has very strong personally held beliefs, tied to her strong Catholic faith, and her involvement in a religious charismatic Christian group called “People of Praise”, which preaches that the man is the leader of the family over the wife.

This is very concerning, because she seems likely to wish to overturn many precedents and laws that have been upheld, in unison with others on the Court who have right wing views, including Clarence Thomas, Samuel Alito, and Brett Kavanaugh.

The reliability of Chief Justice John Roberts and Associate Justice Neil Gorsuch is uncertain, as both, and particularly, Roberts have surprised on some decisions.

So a potential 6-3 Court on many cases could end up 5-4 in favor of the right wing, or possibly 5-4 with the three liberal appointments on the Court, but it seems more likely that the possible so called “best” outcome is at least 5-4 conservative.

So that means the Affordable Care Act, coming up for review in November after the election, could be gutted.

Also in danger are cases involving women’s rights, abortion rights, gay rights, labor rights, religious issues favored by conservatives, voting rights, Presidential authority, environmental laws, consumer laws, and the overall regulatory state promoted since the New Deal of FDR and the Great Society of Lyndon B. Johnson, as well as agencies formed under Richard Nixon and later Presidents through Barack Obama.

So we are involved in a crisis constitutionally which could destroy much of what the federal government has done in the past century of American history, and all brought about by Justices appointed under questionable circumstances by Republicans who do not follow rules except when it favors them, and by Republican Presidents George W. Bush and Donald Trump, who failed to win the national popular vote, and by Justices who, in the case of Thomas and Kavanaugh had major issues with private behavior with women.

And with Justice Stephen Breyer being 82, and Justice Sonia Sotomayor having issues with her health (diabetes), two of the three liberals on the Court could be replaced if Donald Trump or a future Republican President gains the opportunity!

Republicans Are Out To Declare War On Women’s Rights, Health Care, Labor Rights, Gay Rights, Environment And So Much More!

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The Republican Party and President Donald Trump have declared open war on women’s rights, health care, labor rights, gay rights, the environment, and civil liberties.

They have become an extreme right wing party, more like a Fascist Party, disparaging the history of a party that once stood for basic decent principles.

Officeholders in the Republican Party have sold their souls to the most evil man ever to be President, and their future will be one of total destruction, as the nation turns against them in November and in the future, as they did in California after anti immigrant legislation was passed in the early 1990s.

If there was ever a time for all good, decent people to vote, and to be willing to resist with demonstrations, but without violence, it is NOW!

The nomination of Circuit Court Judge Amy Coney Barrett is a complete repudiation of the historic role of Ruth Bader Ginsburg, and will galvanize all intelligent and educated women, all those who care about life in the midst of this COVID-19 Pandemic, all gays and lesbians, all environmentalists, and all who believe in racial equality and civil rights, to unite, and hopefully, defeat the forces of evil.

And if the Supreme Court with the evil intentioned Amy Comey Barrett declares abortion illegal and destroys the Affordable Care Act without a replacement, then the Democrats will have to add new members to the Court to upend the evil Trump-Republican strategy to take away basic human rights!

Time For Democrats To Play Hard Ball: Plan To Change Senate And Supreme Court If They Win White House And Congress

Ronald 7 Comments

With the Republicans and Donald Trump moving ahead to fill the seat of Ruth Bader Ginsburg with so little time until the election, when it should be left to the winner of the Presidency on November 3, it is time for the Democrats to play hard ball IF they win the White House and both houses of Congress, which at this point seems likely.

What can the Democrats do?

Move to create two new states that are territories now, but should be made states—Washington, DC and Puerto Rico! That would add four new Democratic seats to the Senate and about one seat for DC and four seats for Puerto Rico to the House of Representatives, most likely all or mostly Democratic members.

Get rid of the Senate filibuster that requires 60 votes on major legislation, and make it 51 votes, as the House is based on majority rule.

A third idea is to increase the Supreme Court to 13 members if the present Court becomes 6-3 conservative.

While these are seen by many as “radical” ideas, it may be the only way to promote the saving of health care; women’s rights; labor rights; gay rights; climate change legislation; criminal justice reform; aid to Americans as the Covid-19 Pandemic continues; and many other progressive reforms!

Hope That At Least Four Republican Senators Will Delay A Vote To Replace Ruth Bader Ginsburg

Ronald 5 Comments

This is a very depressing time, and Donald Trump and Mitch McConnell are adding to it by the outrageous rapid move to promote a Supreme Court nominee to replace Ruth Bader Ginsburg so quickly.

With only six weeks until the election, and with the normal period before the process for a Supreme Court nominee being about 75 days, what is the hurry to do this?

In 2016, the Republicans refused to consider a Supreme Court nominee for an entire year, rather than allow Barack Obama to put Merrick Garland on the Supreme Court!

The argument was that in the year of a Presidential election, no replacement for the Court should be considered.

If the Court could do with eight members for a year, then they can do with only 8 members until January, when the next inauguration takes place.

No one can argue that if Donald Trump were to win a second term, of course, he could pick a replacement.

But if Joe Biden win the election, then the new President should make the choice for a lifetime appointment of about 30 years.

A hopeful sign is that two women Republican Senators—Lisa Murkowski of Alaska and Susan Collins of Maine—have stated that the elected President in November should make the appointment, and that they do not support a rapid replacement before the election or after if Joe Biden wins in November.

Collins has been very disappointing in supporting the nomination of Brett Kavanaugh in 2018, and she is in deep trouble in her Senate reelection campaign in Maine.

Murkowski does not have to face voters until 2022, and in the past, she won reelection to her seat against both a Republican and a Democrat in 2010, so she is more to be trusted than Collins.

But there is also Mitt Romney, who one would think is principled enough based on his opposition to Donald Trump, that he could be a third vote.

Four votes are needed, however, to stop a nominee from being confirmed for now, and Senate President Pro Tempore Chuck Grassley of Iowa, has said in the past he is against a replacement in an election year, so maybe he will also oppose a quick action.

There is also speculations that Cory Gardner, in a tough race in Colorado, might wish to avoid voting on a nominee before the election.

There are also those Senators seen as more moderate conservatives, but none of them can be relied upon: Rob Portman of Ohio, and Pat Toomey of Pennsylvania.

Of course, Mitch McConnell himself, and Lindsey Graham, both facing election in their states, had posed the same principle in 2016, but not now, so purely, both are hypocrites. One can hope that possibly their opponents will gain more funding and possibly defeat them, although the odds are long.

Then, there is Ted Cruz, a despicable piece of trash, who also said the same thing about election year appointments, but now is on a list of potential Supreme Court nominees, although Trump has said a woman will be selected next week!

All of the other Republicans running for reelection seem unlikely to show any principle, although Ben Sasse of Nebraska is one we could hope might do so, but seems unlikely to have the courage to take a stand.

So we may end up with a 6-3 Court, setting us back to the 19th century in so many ways, and if nothing else, it should encourage more than ever before for massive contributions to Democrats for the Senate and for Joe Biden nationally, as this nightmare of Donald Trump must come to an end in November!

Death Of Justice Ruth Bader Ginsburg Makes Election Of Democratic President And Senate Ever More Urgent!

Ronald 12 Comments

The shocking news of the death of Supreme Court Justice Ruth Bader Ginsburg, which everyone was praying would not happen, makes the election of Joe Biden and a Democratic Senate ever more urgent.

With only 46 days to the election, and with people voting already early in a number of states, the push to replace her should not take place until after the election results are in!

And if Donald Trump loses and the Senate goes Democratic, it would be an outrage if a lame duck President and Republican controlled Senate were to ram through a replacement between November and January.

That is why no one can afford to ignore this election, as it is crucial for the future of the nation, in a way unlike any other in the past century!

Justice Ginsburg will be regarded as being in the top ten all time of Supreme Court Justices, and her loss is hard to replace, as she was a spokesman for the advancement of women and minorities, which desperately need a champion as she was. She was a role model and trail blazer for so many Americans!

This upcoming Senate battle is one for the ages, and the Court will become more than ever a major issue to be decided in six weeks from now!

Ruth Bader Ginsburg Cancer Crisis Raises Alarm For Supreme Court Future

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Supreme Court Associate Justice Ruth Bader Ginsburg has been on the Court for 27 years, and is a true icon with millions of fans and supporters of her brilliant liberal perspective on legal matters.

But now, at age 87, she has suffered again a bout with cancer, having survived colon cancer in 1999, pancreatic cancer in 2009, lung cancer in 2018, and pancreatic cancer again in 2019. Now, she is diagnosed with liver cancer, so this is her fifth bout with cancer.

Ginsburg has proved to be a tough lady, doing great sessions with exercise over the past generation, and recovering from conditions most would not have survived.

She is still able to do her job, and is determined to remain, but now, there is fear she might not be able to continue, and could, god forbid, die in office or be forced to resign this fall, giving Donald Trump another appointment to the Court, which would shift it to the far right, a true disaster.

Since Barack Obama was not allowed by Senate Majority Leader Mitch McConnell and the Republican Party to replace Justice Antonin Scalia in 2016, because it was an election year, by all rights, Trump should not be able to replace Ginsburg. Any appointment should be delayed to 2021. as it was delayed until 2017, when Neil Gorsuch took the Scalia seat, rather than Merrick Garland, the Barack Obama appointee to replace Scalia in 2016.

We must all pray that Ginsburg will, once again, fight and overcome this challenge, and remain on the Court until at least January 4, when the new Congress, hopefully with a Democratic Senate, begins, and the upcoming inauguration, hopefully, of Joe Biden to the Presidency, would occur on January 20, 2021.

Then, we will know that Ginsburg’s Court seat is safely in the hands of a liberal Justice, preserving the legacy of Ruth Bader Ginsburg!

The Supreme Court Might See Massive Change In Next Presidential Term

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It seems likely that the Supreme Court might see massive change in the next Presidential term.

The automatic thought is that of course, the odds of Ruth Bader Ginsburg and Stephen Breyer leaving by one method or another, either death or retirement, seems likely as they are now 87 and 82 respectively.

If this happens with Joe Biden as President, the seats will remain in the liberal camp, so the news of Ginsburg again in the hospital, but supposedly recovering well, makes one’s heart skip a beat.

The thought of another Donald Trump appointment before the election is a horrible thought, but likely would happen if she were to leave the Supreme Court in the months before the election.

But beyond Ginsburg and Breyer, there are four other potential changes that could occur.

Both Clarence Thomas (age 72) and Samuel Alito (age 70) have been rumored to be thinking of leaving the Court, but no sign they would leave right now. But if they did in 2021 or after, with Joe Biden in office, these two most reliably conservative members would be likely replaced by nominees more to the left in their constitutional views.

Additionally, it is well known that Sonia Sotomayor (age 66) has a strong case of diabetes, and there is some speculation she might leave for health reasons at some point.

Finally, Chief Justice John Roberts (age 65) has had seizure issues, and could have died when he collapsed in 2007 on a deck while fishing, but fortunately did not fall into the water with no one nearby, and was instead found after the event. But he now has had a concussion, and one can wonder if it is related to his seizure issues, for which he takes medication. So it is possible to imagine him leaving the Court at some point.

So with the uncertainties of life, the six longest serving members of the Court could end up leaving the Court sometime between now and 2025. This would affect the balance of the Court on many cases that will come up in the future.

The Urgent Need To Switch The US Senate To Democratic Control In 2020 And Beyond

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The Presidential race is heating up, but one must never forget that the battle for control of the US Senate by the Democrats is urgent.

The Senate has become the place that proposed legislation dies much too often, as now when 395 House passed bills are lying dormant, as Senate Majority Leader Mitch McConnell refuses to call them up for consideration and a vote.

If any progress is to be made in the next four years on urgent domestic issues, the Senate MUST go over to Democratic control in 2020.

And certainly, the future of the Supreme Court and lower courts is doomed if the Republicans keep control of the Senate and the White House.

At the most basic level, Ruth Bader Ginsburg is reaching 87 this year, and Stephen Breyer is reaching 82, and they cannot go on forever in service.

If they are replaced by right wing Justices, the Constitution and rule of law is in as much danger as a second term of Donald Trump in the Oval Office.

So emphasis on Senate control going to the Democrats is a top priority, and over the next months, this blog will examine the Senate races which will determine the future of American government after 2020!