Stephen Breyer

Confirmation Of Justice Amy Coney Barrett Creates The Most Extreme Supreme Court Since 1930s!

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The confirmation last evening of new Supreme Court Justice Amy Coney Barrett creates the most extreme Supreme Court since the time of the New Deal of Franklin D. Roosevelt in the 1930s Great Depression, just as we are entering into the Second Great Depression.

The right wing narrow minded view of Justice Barrett is perceived as more so than even her mentor, former Justice Antonin Scalia.

The fifth woman to serve on the Court, she is the anti Ruth Bader Ginsburg, a great woman who we could only wish had been able to live two to three more weeks, preventing an appointment before the election.

And had she lived until December, even a lame duck President could not have replaced her before January and a new President.

This only accelerates the dire need for everyone to vote, and for the Republicans to be resoundingly defeated next week for the White House and the US Senate, and add seats in the House of Representatives.

With a 6-3 extremist Court, the following areas of law are greatly endangered:

Civil Rights and Civil Liberties in general
Women’s Rights
Abortion Rights
Gay Rights and Gay Marriage
Labor Rights
Voting Rights
Environmental Reforms
Consumer Reforms
Business Regulations
Separation of Church and State
Firearms Regulation

The answer must be to expand the Supreme Court to 11 members, adding two progressives or liberal voices to the Court, making for a slight 6-5 conservative majority, but promoting the concept that Chief Justice John Roberts and Associate Justice Neil Gorsuch will, at times, side with the liberals.

It does not guarantee progressive and liberal ideas, but that has been that way for a generation, but once either Clarence Thomas (age 72) or Samuel Alito (age 70) leaves the Court, likely in the next four years, a moderate Court will be achieved. And if Stephen Breyer or Sonia Sotomayor were to leave, it would insure a Democratic President choosing their successors.

Voting for Joe Biden and a Democratic Senate insures that the right wing tilt of the Court will be short lived!

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!

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!

Reflecting On The Age Issue Over Next Decade

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America is faced with many crises, but one not much paid attention to is the Age issue.

We are seeing more people in government who are reaching their 70s and 80s, and that is a worrisome trend.

Certainly, people in their 70s and 80s can be active, engaged, constructive, as this author, in his mid 70s is, as an adjunct college professor, lecturer, author, blogger, contributor of articles on history and politics, and participant on radio shows about history and politics.

But this author is NOT making government policy, and is not facing the daunting challenges of dealing with a multitude of challenges in domestic and foreign policy, that affects and will continue to affect hundreds of millions of Americans, and seven billion people worldwide.

We see Donald Trump in his mid 70s, showing signs of craziness and dementia. We see Joe Biden, who this author loves, not quite as swift and alert as he seeks the Presidency. We see Bernie Sanders and Elizabeth Warren both seemingly very alert and energetic, but reaching 79 and 71 by January 20, 2021, both older than Trump when he was elected, and with Biden reaching 78 by Inauguration Day 2021.

We see the top three Democrats in leadership in the House of Representatives all nearing 80 in the next couple of years, including Speaker of the House Nancy Pelosi, and the same with Republican Senate Majority Leader Mitch McConnell. There are about four Senators over 80 already, and Dianne Feinstein was elected at 85 in 2018, to serve another six year term to age 91. And at least two Senators will be added to that list over 80 in the next few years.

We have two Supreme Court Justices, Ruth Bader Ginsburg and Stephen Breyer, who are 86 and 81, and their refusal to leave years ago has created the possibility of an extreme right wing Court if Donald Trump wins reelection.

There has to be recognition of the need for younger generations to inherit power, and for older generations to accept that their time has passed.

The Most Evil Man In The US Senate: Mitch McConnell Of Kentucky, Setting Out To Destroy The Legal System And Legal Precedents!

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Senate Majority Leader Mitch McConnell of Kentucky clearly is the most evil man in the Senate, setting out to destroy the legal system and legal precedents that have been accomplished over many decades and administrations.

He is striving, successfully, to set up a judicial system which will set America back legally for the next thirty years, as his legacy. His refusal to allow a hearing for Merrick Garland, Barack Obama’s nominee to replace Antonin Scalia in 2016, and the rushed confirmation of many unqualified and despicable district court and circuit nominees for life terms in office is insuring a gloomy future for civil rights and civil liberties. And now, he has said he will push the confirmation of a Supreme Court judge if either Ruth Bader Ginsburg or Stephen Breyer were to leave the Court in 2020.

His corruption is out of control, and his wife, Secretary of Transportation Elaine Chao, has clearly been involved in corrupt financial actions while working for Donald Trump. This power couple should not be able to have such power and influence, with the obvious conflict of interest that promotes their support of Donald Trump, and unwillingness on the part of McConnell to challenge the President on his abuse of power and obstruction of justice.

Hopefully, again they will pay the price in legal charges brought against Elaine Chao, and the defeat of Mitch McConnell for reelection in 2020. Mitch McConnell has violated his oath of office and subverted the democratic process. And Elaine Chao has proved she is yet another of the corrupt cabinet officers under Donald Trump!

Supreme Court Longevity An Issue, As Recent Justices Have Stayed Much Longer Than Average, Including Contested Nominee Clarence Thomas

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In the midst of the controversy over Supreme Court nominee Brett Kavanaugh is the reality of how long he might serve.

There has been a trend whereby recent Supreme Court Justices serve much longer than historically traditional.

Right now, contested Supreme Court Justice Clarence Thomas, who was confirmed in 1991 despite strong testimony of Anita Hill, has served 27 years on the Court, and is already number 24 in longevity of service out of 113 members of the Court in American history. He will be number 17 in two years and number 13 in four years. In May 2028, he would break the all time record of 36 years and nearly 7 months of Justice William O. Douglas, and Thomas would be just about a month short of age 80, and can be seen as likely, if he stays healthy, to accomplish this goal.

If one just looks at the top fourth of all Supreme Court Justices in longevity, a total of 31 out of 113, all 24 years or more of service, we find the following recent Justices, all appointed since the 1950s, are on the list:

John Paul Stevens
William Brennan
William Rehnquist
Byron White
Anthony Kennedy
Antonin Scalia
Clarence Thomas
Ruth Bader Ginsburg
Sandra Day O’Connor
Harry Blackmun
Stephen Breyer
Thurgood Marshall

In the earlier history of the Supreme Court, the average length of service was about 15 years by comparison.

That is why the idea, proposed by this author two days ago, that a future Supreme Court Justice be limited to an 18 year term, allows for turnover, and prevents dominance by an ideological minority for decades, as now is threatened by Brett Kavanaugh, or another extreme right wing appointment by Donald Trump.

The Trump Juggernaut Overrunning Moderate Democrats: Between A Rock And A Hard Place!

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The Democratic Party is at a crossroads, and moderate Senate Democrats are “between a rock and a hard place”, with the Trump juggernaut about to run them down!

There are 10 Democratic moderates who are running for reelection in states won by Donald Trump.

If they all remained loyal to their party, and IF Susan Collins or Lisa Murkowski joined them, a Supreme Court pick could be stopped, but that is asking for too much to be assured.

And if they do not support the Trump nominee, it could kill their chances of reelection.

But of course, if they vote for the Trump nominee, many Democrats and moderates might decide it is not worth voting, and they will lose their elections anyway.

So what to do?

Joe Manchin of West Virginia, Joe Donnelly of Indiana, and Heidi Heitkamp of North Dakota voted for Neil Gorsuch, Trump’s first Supreme Court nominee, last year.

All three are in great danger of losing their seats, with or without the Supreme Court nominee controversy they now face.

Then we have Claire McCaskill of Missouri and Jon Tester of Montana, also in great danger of losing their seats.

The other five “Red State” Democrats are probably safer, and unlikely to lose their seats—Bob Casey Jr of Pennsylvania (who however is anti abortion in his background); Sherrod Brown of Ohio; Debbie Stebanow of Michigan; Tammy Baldwin of Wisconsin; and Bill Nelson of Florida (but his seat will be the most expensive race ever, with opponent Rick Scott spending tens of millions to defeat Nelson).

So if one is to promote the left wing Democratic view, we would say to hell with these Senators, whose voting record is far from ideal, but the alternative to staying united no matter what these ten Senators decide to do on the Supreme Court nominee of Trump, is to see the Republicans gain more seats and lock up the Senate for the long haul.

That is why it seems to this blogger that to promote or expect a left wing Democrat as the Presidential nominee, while ideal in theory, is likely to kill off any chance of the Democrats winning the Presidency in 2020, after what could be a Democratic debacle in the Senate races this year.

What seems likely to happen is that the three Democrats who voted for Gorsuch will vote for the Trump Supreme Court choice and will survive, and the other seven Democrats—particularly the three women—McCaskill, Stabenow and Baldwin—will vote against and yet survive as well. Casey will be conflicted but probably vote NO and survive, as well as Brown. And Tester should still be able to win another term as well.

The toughest seat to keep will be Bill Nelson in Florida, but it seems likely he will vote NO on the nominee.

So at the end, the likely vote will be 53-46, all 50 GOP Senators, including Collins and Murkowski, with the exception of the absent John McCain, and Manchin, Donnelly, and Heitkamp, with anger and disgust by Democrats, but the only likely road to those seats being saved.

So IF all seats are saved, except possibly Florida, and then IF Arizona, Nevada, Tennessee, and maybe Texas are gained, the Democrats MIGHT have a 51-49 or 52-48 Democratic Senate, and the battle against Trump will have another day and more to fight, the best possible under present circumstances.

Of course, all progressives have to pray for the good health and continued life of Justices Ruth Bader Ginsburg and Stephen Breyer, to serve until 2021, a tall order, as if that does not happen, the Supreme Court is lost with a certainty until close to 2045-2050, past the lifetime of this blogger and probably all of my readers.

This is a gloomy reality, but we have to do whatever we can do to promote a Democratic majority in both houses, and accept that not all Democrats will be progressives, but will at least be of the party persuasion!

The Muslim Ban Decision Of The Supreme Court (Trump V Hawaii) Will Go Down As One Of Worst Decisions In 229 Years Of Our National History!

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The Supreme Court has just made one of the worst decisions in its 229 year history, and has besmirched its own reputation in the process.

It will match such decisions as the Dred Scott Case of 1857; Plessy V Ferguson 1896; and Korematsu V US 1944—all racist decisions justifying slavery, racial segregation, and the internment of Japanese Americans in internment camps during World War II.

All have been roundly condemned, as violations of basic human rights and civil liberties, and now, once again, the Supreme Court has proved how it has allowed itself to promote discrimination and racial prejudice, all in the name of “national security”.

Instead of labeling African Americans or Japanese Americans, now the whole Islamic religion has been judged as a threat to national security, based on the hysteria and racism of Donald Trump.

We have, therefore, allowed an authoritarian who threatens our whole system of government to win a case based purely on bias and religious hatred.

This is a slippery slope that can lead to victimization in the future of people from other nations and other religions.

Jews who were refused entrance in the late 1930s, and now people from Central America who want to escape similar violence and bloodshed and are being held in detention away from their children, are just further examples of how religious prejudice and racism are winning out.

The John Roberts Court has undermined its own reputation in the process, and will be condemned in history.

And the fact that Merrick Garland, appointed by President Obama, was denied a hearing for the Supreme Court vacancy in 2016, led to Neil Gorsuch, who predictably now and in the future will advocate an extreme right wing agenda, harming our constitutional liberties for the next thirty years.

The fact that three members of the Court would not be there if the popular vote had won out in 2000 and 2016 just adds to the tragedy, as George W. Bush would not have been able to appoint John Roberts and Samuel Alito, and Donald Trump would not have been able to appoint Neil Gorsuch.

Sonia Sotomayor registered her vehement dissent, along with Ruth Bader Ginsburg, and the opposition of Stephen Breyer and Elena Kagan. But it was all for naught!

America’s reputation has been permanently damaged, and we are no safer against those Muslims who are extremists, who are now emboldened to do harm more than ever, and at the same time, those Muslims in America who have served in our armed forces honorably, and those who have done good work in other fields, have been slapped in the face.

Our most ugly side as a nation has been displayed for all to see, and anyone who believes in justice and fair play is weeping today, and will for the long term of our history as a nation, as tolerance and open mindedness have been denied!

Time For Supreme Court To Intervene, And Overturn Trump Executive Order On Travel Ban

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A federal District Court judge has stopped the Trump executive order travel ban for the time being, but it is being appealed by the Trump Administration, meanwhile causing chaos, as the future of the order is uncertain.

It is time for the American Civil Liberties Union and other groups to appeal to the Supreme Court, and find at least one Justice willing to put his or her neck out to use their influence to stop the travel ban permanently, and have the entire Supreme Court consider the ban immediately.

I would propose that Justice Ruth Bader Ginsburg, the true hero of progressivism, do so, and force the issue.

We know that Trump hates Ginsburg, and has tried to bully her into retirement, but she is a tough lady, who will not be intimidated.

But it would be perfect for the 84 year old Justice, who is less than 5 feet tall, to challenge BULLY Trump, and give his executive order a “Punch in the Mouth”!

Of course, no one can be sure what the eight member Court would do, but it seems highly likely that besides Ginsburg, we would have Stephen Breyer, Sonia Sotomayor, and Elana Kagan join her, making for at least a tie vote.

And somehow, it seems also likely that the “swing vote” on the Court, Justice Anthony Kennedy, would also join these four Justices, making for a 5-3 vote.

So bring it on, Ruth Bader Ginsburg, intervene and make for a confrontation with Donald Trump!