Sandra Day O’Connor

Supreme Court Could Be Repealing The 20th Century In Challenge To 1984 Chevron Case Decision

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Conservative right wing groups are now attempting to repeal the 20th century concept of federal government regulation of the environment, financial markets, public health, and the workplace, in a challenge to the Chevron USA vs National Resources Defense Council case of 1984, decided by a unanimmous 6 member court of Republicans and conservatives.

The decision was written by Associate Justice John Paul Stevens, and agreed with by Chief Justice Warren Burger, and Associate Justices William Brennan, Lewis Powell, Harry Blackmun, and Byron White. All but White were appointed by Republican Presidents. And three Justices did not participate, Sandra Day O’Connor, William Rehnquist, and Thurgood Marshall, with only Marshall appointed by a Democratic President.

So the Court of 1984 had SEVEN Republican appointments, but reasonable Justices, as compared to the present Supreme Court of six Republican appointments.

So the case now being considered is an attempt to wipe out the federal regulatory state–in effect wiping out the Progressive Era of Theodore Roosevelt and Woodrow Wilson; the New Deal of Franklin D. Roosevelt and followup by Harry Truman and John F. Kennedy; the Great Society of Lyndon B. Johnson, and followup by Richard Nixon, Jimmy Carter, and Bill Clinton; and the commitment to further reforms by Barack Obama and Joe Biden! Notice that Richard Nixon is included with this list of Democratic Presidents who promoted federal regulation and reforms, the one Republican, who despite his shortcomings, actually added to federal regulation!

We are at a turning point, where our federal government could be weakened and go back as far as the Gilded Age of the late 19th century by an extremist Supreme Court. This is a constitutional crisis of massive proportions, and puts American democracy at risk!

The Bush Presidencies Will Be Forever Stained By Thomas And Alito Appointments!

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Every President has policies and appointments that historically make him look positive, but they also have policies and appointments that historically make him look negative.

The two Presidents Bush, father and son, will never be forgiven for their horrendous appointments of Clarence Thomas in 1991 by President George H. W. Bush, and Samuel Alito in 2006 by President George W. Bush!

And the appointment of Alito could have been even worse, as if timing had been different, he would have been Chief Justice instead of John Roberts!

Roberts was scheduled to be an Associate Justice nominee to replace Sandra Day O’Connor, but the day before the Senate Judiciary Committee hearings began, Chief Justice William Rehnquist died, and George W. Bush, overnight, decided Roberts would be his replacement, and later selected Alito to replace Sandra Day O’Connor.

The thought of a Chief Justice Samuel Alito is horrifying, although Alito has done tremendous damage to the institution of the Supreme Court in his 16 years he has served!

As it is, Chief Justice John Roberts, like Alito, picked by a President who lost the popular vote in 2000, has not distinguished himself, has proved to be a weak leader, and will go down as a failure. His reputation historically will suffer in the long term!

Two Republican Majority Courts Supported Abortion Rights, But Not Now In 2022!

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In the case of Roe V. Wade (1973), decided by 7-2, Abortion Rights for women was made federal law, with five of the seven votes being Republican appointments:

Harry Blackmun (Nixon)
Warren Burger (Chief Justice) (Nixon)
William Brennan (Eisenhower)
Potter Stewart (Eisenhower)
Lewis Powell (Nixon)

In Planned Parenthood V. Casey (1992), a later case on abortion, with some limits, the decision was 5-4, with all 5 in the majority being Republican appointments:

Sandra Day O’Connor (Reagan)
Anthony Kennedy (Reagan)
David Souter (HW Bush)
Harry Blackmun (Nixon)
John Paul Stevens (Ford)

All of these Republican appointed Justices were considered to be “conservatives” in their time frame, although Blackmun, Brennan, and Stevens came to be seen as “liberals’ over time, and O’Connor, Kennedy, and Souter came to be seen as “moderates”.

The definition of “conservative” has changed dramatically in the past half century, so all of the Republican Justices would be seen by right wing Republicans in 2022 as “RINOS”, Republicans In Name Only!

In 2022, in Dobbs V. Jackson’s Women Health Organization, all six Republicans voted to end abortion rights, although Chief Justice John Roberts wanted only further limitations on abortion, and therefore dissented while joining the other five Republicans.

These appointments were by two Presidents who lost the popular vote when they were elected by the Electoral College, along with Clarence Thomas appointed by George H W Bush.

Thomas and Brett Kavanaugh both had charges of sexual impropriety brought against them, while Neil Gorsuch gained a place on the Court that was meant for Barack Obama appointee Merrick Garland, and Amy Coney Barrett replaced the recently deceased Ruth Bader Ginsburg just a week before an election in which Donald Trump lost by 7 million votes to Joe Biden, who should have been allowed that appointment.

Supreme Court Has Waged An Extremist Right Wing Attack On Women!

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In 1973, Roe V Wade, giving women the right of abortion, was decided by a 7-2 vote, including five Republican Supreme Court Justices: Harry Blackmun, Chief Justice Warren Burger, William Brennan, Potter Stewart, Lewis Powell.

In 1992, Planned Parenthood V Casey, was decided by a 5-4 all Republican vote, including Republican Supreme Court Justices Sandra Day O’Connor, Anthony Kennedy, David Souter, John Paul Stevens, Harry Blackmun.

The draft opinion on abortion, written by Justice Samuel Alito, and said to have a 5-4 vote, was leaked last night, and it is an extremist right wing attack on women, taking away completely the right of abortion, including even having no exceptions for rape, incest, or life of the mother!

If this draft opinion is not changed by the end of the Supreme Court term, it has declared war on a woman’s ability to control her own body, and will lead to increased deaths by botched abortions, as was the case before 1973!

This bombshell report of what is likely to happen flies in the face of more than 70 percent of public opinion being in favor of abortion rights being retained after nearly 50 years of that right being affirmed!

Also, the fact that four of the five Supreme Court Justices in the majority of this opinion were chosen by Presidents who LOST the popular vote–George W. Bush in 2000 and Donald Trump in 2016–is very disturbing!

Also, the Republican denial of the appointment of Merrick Garland in 2016, while allowing the appointment of Amy Coney Barrett in 2020, both election years, but a double standard on appointment, is outrageous!

The concept of established law, “Stare Decisis”, and “precedent” as part of Supreme Court history may be going by the wayside with this extremist Court!

And poor women, and particularly minority women, will be the ultimate victims, and poverty and abuse will become the norm more than ever!

Only about 25 nations ban abortion, and most of the Western world will look at the United States as a pariah on women’s rights, if this Court decision goes through, as there are already plans for the Republicans to try to promote a nationwide ban on abortion if they control both houses of Congress and the Presidency in the future!

The need for the vast majority of women, and men who understand the importance of preserving the rights of women to control their own destiny, to become engaged in the midterm elections six months from now, is urgent!

The Supreme Court Reputation Reaching An All Time Low

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The US Supreme Court is in a crisis, as its reputation in public opinion polls, and among Supreme Court “watchers”, is reaching an all time low, not matched since the late 1920s and early 1930s.

The Court has never been as right wing in substance as it is now, since a century ago, and even going further back to the late 19th century Gilded Age era.

The Supreme Court’s reputation was glowing in the time of the Warren Court (1953-1969) and even moving forward to the Burger Court (1969-1986), and still having an image of balance in the era of the Rehnquist Court (1986-2005).

This was due to the reality that many Republican appointees to the Court, including the following, avoided hardline conservativism:

Eisenhower–Earl Warren, William Brennan
Nixon–Warren Burger, Harry Blackmun
Ford–John Paul Stevens
Reagan–Sandra Day O’Connor, Anthony Kennedy
HW Bush–David Souter

These eight Justices made a massive difference in enunication of Supreme Court opinions.

Sadly, George H W Bush’s appointment of Clarence Thomas, and George W. Bush’s selection of Samuel Alito, veered the Court far to the right, and Donald Trump’s three appointments—Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett—have continued that trend.

The fact that Thomas and Kavanaugh have been connected to accusations of sexual harassment, and that Alito, Gorsuch, Kavanaugh, and Barrett were chosen by Presidents who lost the national popular vote, and that Gorsuch took a seat that was meant for Barack Obama’s nominee, Merrick Garland, and that Barrett was confirmed for the Court less than two weeks before the national election—only adds to the fury and disgust felt about the Supreme Court!

This has, reportedly, disturbed Chief Justice John Roberts (2005- ), whose historical reputation is being damaged, as he has moved, personally, from being conservative to attempts to create a moderate balance on the Court. Sadly, it is not working, so there are some rumors that he might retire from the Court after 17 years as its leader, as that is about the norm for most of the 17 Chief Justices in Amerian history, with the exception of John Marshall (1801-1835) and his successor, Roger Taney (1836-1864).

That would be a major step forward, to retire, and allow Joe Biden to pick a Chief Justice, which has not happened for a Democratic President since Harry Truman in 1946!

Justice Stephen Breyer Retirement Brings First African American Female Justice In Future!

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Associate Supreme Court Justice Stephen Breyer, with 28 distinguished years on the Supreme Court, announced today in a meeting with President Joe Biden, that he will retire at the end of the Supreme Court term in late June.

Breyer is a very distinguished jurist, appointed by Bill Clinton in 1994, and adding stature and common decency to the Court in the past three decades.

However, Breyer will be 84 this August, and clearly, to insure a Biden appointment to the Court, because of the possibility of a Republican controlled Senate in 2023, it was urgent for him to leave the Court now.

Breyer will be the 22nd longest serving Justice when he leaves the Court, out of a total of 115 Justices in the Supreme Court’s history, so will be in the top 20 percent of all time service.

Biden will appoint an African American woman to be the first on the Supreme Court, a pledge he made when he was running for President, just as Ronald Reagan pledged to pick the first woman for the Court, who turned out to be Sandra Day O’Connor in 1981.

Diversity on the Supreme Court is essential, and will bring youth to the Court, even though the balance of power is still with conservative Republicans with their 6-3 advantage.

It is, however, a moment to celebrate Stephen Breyer, and celebrate another barrier to advancement in the judicial branch, long overdue!

The Unpredictable Supreme Court Due To Republican “Maverick” Appointments

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The history of the Supreme Court since 1953 has been one of unpredictability, due to Republican “Maverick” Appointments, who surprise conservatives who thought having a Republican President insured their narrow minded views of the Constitution and the law.

America has been fortunate that every Republican President from Dwight D. Eisenhower to Donald Trump has made an appointment that surprised the nation, and promoted social progress long term.

Eisenhower appointed Chief Justice Earl Warren and Associate Justice William Brennan.

Richard Nixon appointed Chief Justice Warren Burger and Associate Justice Harry Blackmun.

Gerald Ford appointed Associate Justice John Paul Stevens.

Ronald Reagan appointed Associate Justices Sandra Day O’Connor and Anthony Kennedy.

George H. W. Bush appointed Associate Justice David Souter.

George W. Bush appointed Chief Justice John Roberts.

Donald Trump appointed Associate Justice Neil Gorsuch.

So ten appointments in the past two thirds of a century have made a dramatic difference in so many ways, including racial integration, school prayer, abortion rights, ObamaCare, gay rights, and other significant areas.

Nancy Pelosi Will Be Ranked One Of All Time Greatest Speakers Of The House, As Well As Most Powerful Woman In American History

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Speaker of the House Nancy Pelosi is assured a ranking as one of the all time greatest Speakers of the House, as well as the most powerful woman in American history.

She will rank in the category of Sam Rayburn, Thomas “Tip” O’Neill, Henry Clay, John W. McCormack, Nicholas Longworth, Champ Clark, Thomas Reed, Thomas Foley, James K. Polk, and Joseph Cannon. She is already 11th longest serving, and if she remains as Speaker through 2022, her planned date for retirement, she will be 5th longest serving, only behind Sam Rayburn, Henry Clay, Thomas “Tip” O’Neill, and John W. McCormack.

At the age of 79, with her birthday being March 26, she will become the oldest Speaker in American history on February 5, 2020, when she surpasses Sam Rayburn, who died 51 days before his 80th birthday. So she will reach 80 in March, very alert, competent, and totally in charge, and President Donald Trump is very much afraid of her, like he has never been of any other woman.

Understand that Nancy Pelosi is the most powerful woman in American history in her position, two heartbeats away from the Presidency. The highest ranking women otherwise have been multiple Secretaries of State–Madeleine Albright, Condoleezza Rice, and Hillary Clinton, all four heartbeats away from the Presidency. There has also been four Supreme Court Justices—Sandra Day O’Connor, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. Additionally, there were two prospective Vice Presidents–Geraldine Ferraro and Sarah Palin. But that is the list, a short list, and only Nancy Pelosi has reached the pinnacle of power, and at a time of a challenge of a corrupt President, who would love to have absolute power, but has been stopped dead in his tracks by the woman from San Francisco!

Nancy Pelosi, The Most Powerful Woman In American History; And Ann Coulter, A Domestic Terrorist Who Should Face Charges Of Promoting Insurrection Against The Welfare Of The American People

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Two women stood out this week, one displaying her true greatness, and the other demonstrating that she is a disgrace who wishes ill for the American people.

Speaker of the House Nancy Pelosi stood up to President Donald Trump, and refused to bend on the Border Wall, and Trump has now caved in totally, not only on the criminal shutdown of the federal government, but also on delaying the State of the Union address.

She has proved to be, easily, the most powerful woman in American history by far, and the best Speaker since Thomas “Tip” O’Neill (1977-1987), and makes former Republican Speaker Paul Ryan look pitiful by comparison, having no guts or courage to stand up to Donald Trump.

When one thinks of other women who have played a major public role in American history, we can think of Hillary Clinton, who would have been the most powerful and influential woman in American history, had she not been robbed by Russian collusion of winning the Electoral College.

We can refer to several woman US Senators with longevity—such as Margaret Chase Smith, Barbara Mikulski, Diane Feinstein–and several Congresswomen, including Jeannette Rankin, Marcy Kaptur, Patricia Schroeder, and Nita Lowey—and Supreme Court Justices such as Sandra Day O’Connor and Ruth Bader Ginsburg.

But none have had the impact and significance that Nancy Pelosi has had in 33 years of service, and with a successful four year term as Speaker from 2007-2011.

At the same time, Ann Coulter has proved once again that she is a dangerous radical, out to undermine American government, through sowing hate and division, and proving she has no empathy for anyone except the extremely wealthy and powerful right wing forces in America.

She should have a complete collapse in her book sales, and should be ignored by the news media and cable tv shows, as she is effectively a domestic terrorist sowing insurrection, and she should be facing charges and spending years in prison for her anti American actions that are equivalent of treason.

For sure, when the history of recent times is written, Nancy Pelosi will stand out in a positive fashion, while Ann Coulter will be condemned to the dust heap of history, of traitors to America and its advancement.

The Long Term Crisis Of Supreme Court Legitimacy Could Tear This Nation Apart Over Next Few Decades

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The US Supreme Court is entering a period which could tear this nation apart over the next few decades.

Here we are in the 21st century, and yet, the Supreme Court could be taking us back to the late 19th century Gilded Age in its constitutional decisions. Now there is a solid five member conservative majority, with the confirmation and swearing in of Brett Kavanaugh, the most contentious nominee with the closest vote in the Senate since Stanley Matthews’ appointment by President James A. Garfield in 1881.

Matthews served nearly eight years on the Supreme Court, having been nominated by President Rutherford B. Hayes, but seen at the time as too much of a “crony” of the President, so his nomination was withdrawn, but resubmitted by President James A. Garfield in 1881, and confirmed by the closest margin in history, 24-23, but with Kavanaugh the second lowest ever vote 50-48. This was the only Supreme Court appointment of Garfield, who had only served four months, when he was shot and mortally wounded by an assassin, and died in September 1881.

The concern about fairness on the part of Brett Kavanaugh however was not the same as Stanley Matthews, who was the majority opinion author in a case involving discrimination against Chinese laundries and their owners in San Francisco, with the case being Yick Wo V. Hopkins, enforcing the Equal Protection Clause of the 14th Amendment. This was a step forward at a difficult time, in the year 1886, although the government had passed into law the Chinese Exclusion Act of 1882.

We could only hope for the kind of open mindedness on the part of Brett Kavanaugh, as occurred with Stanley Matthews’ authorship of this case, which gives him stature in Supreme Court history.

We have had Republican appointments in the past, who turned out to be surprises, including:

Earl Warren and William Brennan, appointed by Dwight D. Eisenhower

Harry Blackmun, appointed by Richard Nixon

John Paul Stevens, appointed by Gerald Ford

Sandra Day O’Connor and Anthony Kennedy, appointed by Ronald Reagan

David Souter, appointed by George H. W. Bush

It would be a miracle at this point if Brett Kavanaugh were to travel the same road.

In a nation becoming more minority over the next decades, and with young people and women and college educated people veering to the left, while the Supreme Court veers dramatically to the Far Right, the question is whether civil disorder is not in the making, creating a crisis atmosphere in the future decades, exactly what America’s enemies are hoping for.