School Integration

Mike Huckabee The New Orval Faubus, Ross Barnett, And George Wallace!

Ronald 11 Comments

Former Arkansas Governor Mike Huckabee is rapidly becoming the new Orval Faubus, Ross Barnett, and George Wallace—a defiant Governor against the Supreme Court!

Faubus, Governor of Arkansas; Barnett, Governor Mississippi; and Wallace, Governor of Alabama—all vehemently opposed the Supreme Court decision on school integration of 1954 (Brown V. Board of Education), and refused to cooperate with integration, respectively, of the Little Rock, Arkansas high school; the University of Mississippi; and the University of Alabama—and mounted confrontations with the federal government, leading to Presidents Eisenhower and Kennedy to send the National Guard into those states to enforce the edicts of the federal courts.

None of those three Governors look well in American history, rather are seen as law breakers and demagogues, for opposing the Supreme Court decision.

Now Mike Huckabee stands out as a religious fanatic, a man who does not understand separation of church and state, and as a bigot in his attitude toward gays and lesbians.

His idea that the Supreme Court in Obergefell V Hodges is acting in a lawless manner is totally preposterous, but notice he does not oppose the Court when it comes up with a decision that he agrees with, which demonstrates his total hypocrisy, and his own phoniness about the teachings of Jesus, who never referred to gays and marriage in the Old or New Testament.

Huckabee has become a right wing theocratic demagogue, who seems to think taking such a stand will advance his Republican Presidential candidacy, but even Supreme Court Justice Antonin Scalia, who was against the majority opinion on gay marriage, says that no county clerk, such as Kim Davis, can use religious views to avoid her responsibility to do her job, as working for government is a civil job.

So either Kim Davis does  her job without discrimination, or she needs to be forced out of office, or thrown in prison until she agrees to obey the federal courts, which DO have the final say on all constitutional matters.

Marriage is not something to be voted on, but rather a basic human right, and prejudice and bias and homophobia must not be allowed to interfere with the right of two adults to marry!

Federal District Court Judges And Same Sex Marriage Bans Collapsing!

Ronald 1 Comment

The move toward same sex marriage churns on, with federal judges having utilized the 14th Amendment in four “Red” states in the past two months now to end the discrimination against gays marrying.

So on Valentine’s Day, it now looks more evident than ever that a national Supreme Court decision is in the offing, with Associate Justice Anthony Kennedy, who wrote the majority decision in Lawrence V. Texas in 2003 igniting the gay civil rights movement, likely to be the fifth and decisive vote in any case that goes to the high Court!

Who would ever have thought that Utah, Oklahoma, Kentucky, and now, newly turned “Blue” Virginia (the state of the Loving V. Virginia interracial marriage case in 1967), would see such rapid action to defy the bigots and the haters?

The federal courts have been the herald of the future in so much of modern history, as with Brown V. Board of Education on racial integration, and Roe V. Wade on abortion rights, and Lawrence V. Texas on gay rights, and the courage of federal district judges across the nation to push the Supreme Court toward a final determination of same sex marriage is an indication that often we have to leave it to appointed judges to lead us to our better side of human nature, the ending of discrimination and injustice!

Sadly, we see right wing evangelicals, Catholics, and Mormons fighting a rear guard action, which only makes one realize the evils of these organized groups that have in the past been on the wrong side of many moral and ethical issues, overlooking slavery, segregation, women’s rights, and now gay rights. This is a losing battle long term, and these groups fighting against progress and human rights will pay the price in loss of membership by their willingness to fight a battle that is already lost!

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!

Losing Major Party Presidential Nominees And Their Futures: A Summary

Ronald 1 Comment

Losing Presidential nominees usually go on to a future public career, with a few exceptions.

William Jennings Bryan, three time nominee in 1896, 1900, and 1908, went on to become Secretary of State for two years under President Woodrow Wilson.

Alton B Parker, the losing candidate in 1904, went on to become temporary chairman and keynote speaker at the 1912 Democratic National Convention.

Charles Evans Hughes, the losing nominee in 1916, went on to become Secretary of State under Presidents Warren G. Harding and Calvin Coolidge, and Chief Justice of the Supreme Court under Presidents Herbert Hoover and Franklin D. Roosevelt.

James Cox, the losing nominee in 1920, built up a newspaper empire, Cox Enterprises, which would become very influential in the world of journalism, and still is, as the publisher of the Atlanta Journal-Constitution and the Palm Beach Post, as well as cable television and internet enterprises under his heirs.

John W. Davis, the losing 1924 nominee, had a distinguished career as a lawyer who argued cases before the Supreme Court, including being in the losing side of the famous school integration case, Brown V. Board Of Education Of Topeka, Kansas in 1954, and the Youngstown Steel Case of 1952, ruling against President Truman’s seizure of the steel mills during the Korean War. He was on the side opposing school integration and Presidential power, being a true Jeffersonian conservative throughout his life.

Alfred E. Smith, the 1928 losing nominee, became head of the corporation which built the Empire State Building in 1931, and was an active opponent of Franklin D.Roosevelt and his New Deal.

Al Landon, the losing 1936 nominee, spoke up on foreign policy issues as World War II came on, but spent his life in the oil industry, playing a very limited role in public life after the war.

Wendell Willkie, the losing 1940 nominee, proceeded to write a book about his vision of the postwar world, and was thinking of running again in 1944, but died early in that year.

Thomas E. Dewey, the losing nominee in 1944 and 1948, continued to serve as Governor of New York, and was a power player in the Republican Party after his time in office.

Adlai Stevenson, the 1952 and 1956 losing nominee, went on to serve as United Nations Ambassador under Presidents John F. Kennedy and Lyndon B. Johnson.

Barry Goldwater, the losing 1964 nominee, went back to the US Senate, and served three more terms in office.

Hubert Humphrey, the losing 1968 nominee, went back to the Senate and served seven more years in that body.

George McGovern, the losing 1972 nominee, went on to serve eight more years in the US Senate, and kept active in work for the United Nations in various agencies.

Walter Mondale, the losing nominee in 1984, went on to serve as Ambassador to Japan under President Bill Clinton.

Michael Dukakis, the losing nominee in 1988, went back to two more years as Governor of Massachusetts, and also has served as a professor at various institutions, including Northeastern University and Florida Atlantic University.

Bob Dole, the losing 1996 nominee, has engaged in much public activity, including fighting hunger with fellow former nominee George McGovern, and is seen as an elder statesman who is greatly respected.

Al Gore, the losing 2000 nominee, went on to become an advocate for action on climate change and global warming, and also created the cable channel called CURRENT.

John Kerry, the losing 2004 nominee, has continued his distinguished career in the Senate, and may be tapped to join President Obama’s cabinet as Secretary of State or Secretary of Defense.

John McCain, the losing 2008 nominee, has continued his career in the Senate, being last reelected to a six year term in 2010.

The question is what, if any role, Mitt Romney will have in public life, with no hint at this point that he intends any, even after his White House meeting this week with President Barack Obama.

Gay Marriage And The Supreme Court: Anthony Kennedy The Crucial Vote!

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In 1967, the US Supreme Court issued a decision in Loving V. Virginia, declaring interracial marriage constitutional. At the time, there was still widespread feeling among the American people, particularly whites, that interracial marriage should not be allowed, with three out of four in a 1968 poll so declaring. And nearly the same percentage, 73 percent, of all races felt the same way in 1968.

It is clear, also, that a majority of people, particularly whites, were not supportive of the Supreme Court decision in 1954, Brown V. Board of Education, which mandated the end of segregation of the races in public education.

Often, the Supreme Court is ahead of the country in formulating change, and of course, conservatives resent that. But without the Court intervening, progress would be slower or completely halted.

Therefore, with the decision of New York State to allow gay marriage, it is time for gay rights advocates to bring a case to the higher court!

But, of course, there is fear that the conservative Court would rule against it, but that is seen as highly unlikely.

No one can be sure how Justices would vote, but even if one considers that Antonin Scalia, Clarence Thomas, Samuel Alito, and Chief Justice John Roberts might vote against, the odds are that Sonia Sotomayor, Elena Kagan, Stephen Breyer, and Ruth Bader Ginsberg would vote in favor.

That leaves Justice Anthony Kennedy, the true centrist on the Court, who more often votes with the conservatives, but often sides with the liberals. And when one considers that Kennedy was the decisive vote in Lawrence V. Texas in 2003, granting privacy rights to gay couples, one has hope that he would continue to support gay rights, including marriage.

Kennedy also supported the rights of gays to stop being treated as a group deserving discrimination in the Colorado Constitution in Romer V. Evans in 1996, and also in a Circuit Court case in 1980, he showed concern about mistreatment of gays.

The timing is crucial, as Ruth Bader Ginsberg may leave the Court soon, and in the next term in office, if a Republican won the White House, both Ginsberg and Kennedy might be replaced, based on their ages, and the opportunity for a Supreme Court decision in favor of gay marriage might have passed!

And remember, unlike interracial marriage, a majority of Americans in a recent poll support the concept of gay marriage, a massive switch from just a few years ago!

So bring on a Supreme Court case and soon!

57 Years Ago Today, The Most Significant Supreme Court Decision Of The 20th Century!

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On this day in 1954, 57 years ago, the United States Supreme Court transformed America in a way never matched by any other decision of the entire 20th century!

The Court unanimously declared racial segregation in public schools unconstitutional in Brown V. Board Of Education Of Topeka, Kansas, a decision that ushered in the civil rights movement, not only in education, but in all areas of American society.

How far we have come, to the point that we have a black President, and have seen the successes of integration in American society to the point that there are many mixed race couples and children, and most Americans don’t even bat an eyelash at the changes that have come about.

Sure, there are still people in America who are racist, and that is true of all races. But the country is much better off for the courage of Chief Justice Earl Warren, who convinced the Justices of the Court of the absolute need for unanimity on the decision, and Associate Justice Hugo Black, who overcame his earlier Ku Klux Klan membership, to do the RIGHT THING!

It is hard to imagine a scenario whereby this decision had not come about, and to believe it possible that segregation would still be the law of the land.

This Brown decision is an example of the best that the Supreme Court has brought us in its 222 plus years of its history, and this is a moment to salute the Court and America for the wonderful event that occurred in 1954, and which we celebrate today!