Supreme Court

Trump And Vance “Going Off The Rails”!

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The Republican Presidential campaign, running scared, as public opinion polls show a definite move in the direction of Kamala Harris and Tim Walz, is going off the rails.

Trump is employing crude sexual innuendo language toward Harris on Truth Social.

Trump went to Arlington National Cemetery on the third year anniversary of the Afghanistan withdrawal, but inappropriately became engaged in a controversy about taking photographs to be used as campaign fodder,that was not allowable under cemetery rules.

Meanwhile, JD Vance said publicly that Kamala Harris should “go to hell”, when Harris was being criticized for something she did not say, and the idea of using such language in public is shocking!

Vance also continues to attack “Cat Ladies”, and to criticize Randy Weingarten, head of the American Federation of Teachers for not having biological children of her own!

This crazy stuff could not be made made up in fiction, but it is reality in nonfiction!

Vance has a lower public opinion rating than Sarah Palin had at this point in 2008, and is a drag on the Republican ticket.

And Trump has again been indicted by Jack Smith, to modify charges after the Supreme Court decision on July 1 (Trump V US) that limited Trump to being indicted only on non Presidential actions, not official actions.

Project 2025: Attack On Crucial Government Agencies And Federal Regulations!

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Project 2025, the Heritage Foundation plan to promote massive right wing government in America, is a direct attack on crucial government agencies:

Eliminate the Department of Energy
Eliminate the Department of Education
Eliminate the Department of Commerce
Eliminate the Food and Drug Administration
Eliminate the Environmental Protection Agency
Eliminate the National Oceanic and Atmospheric Administration
Eliminate the Consumer Financial Protection Bureau
Transform the Department of Justice to an agency controlled by the White House
Radically Change the Federal Bureau of Investigation
Radically Change the Department of Homeland Security
Repeal Dodd-Frank Financial Regulations
Reduce Business Regulations
End Funding of National Public Radio and the Public Broadcasting System
Privatize the Federal Aviation Administration
Repeal Net Neutrality regulations

The whole concept of an “Administrative State”, which has been part of American government since Theodore Roosevelt onward, and with both parties, Democrats and Republicans, is under threat, as it is also due to recent Supreme Court decisions!

“Originalism” And “Textualism”: The Battle For The Future Of Constitutional Government Against The Late 18th Century!

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The battle over how to interpret the Constitution in the 21st century is in full swing, with the extremist right wing Supreme Court majority emphasizing “Originalism” and “Textualism” as their basic ideological doctrine!

They want America to be judged by late 18th century interpretations, which means they challenge Alexander Hamilton and his “broad” interpretation of the Constitution.

Hamilton emphasized a broad interpretation, not a strict interpretation, of the Constitution, saying it needed to be a living document.

Even Thomas Jefferson, the original ideological opponent of Hamilton, came to recognize that Hamilton was correct, and so backed away from his original strict intepretation to support the Louisiana Purchase deal with France in 1803, doubling US territory and insuring that no other foreign power would gain further control in North America.

If one is to judge the Constitution by “originalism” and “textualism”, then America should not have had the multitude of changes that has made America a democracy, including among others:

Creation of Cabinet Agencies
End of African American Slavery by Amendment 13
Civil Rights Laws And Amendments (14, 15)
Women’s Suffrage (19)
Federal Government Agencies and Regulations
Federal Income Tax Amendment (16)
Democratizing of the US Senate by Amendment 17
Limitation of Presidential Terms by Amendment 22

This battle is over the future as compared to the limitations of the past, and America has come too far to allow the right wing interpretation to dictate the future of the nation!

Supreme Court Will Take Up Colorado Ballot Access Case Of Donald Trump!

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A month from now, on February 8, the Supreme Court will hear the case of Colorado barring Donald Trump from the Presidential primary ballot.

Maine has also gone in that direction, and many other states are in process of doing so.

This case will need to be decided in an expedited manner, with Super Tuesday primaries coming up in early March.

The Court would wish to stay out of the political thicket, but cannot do so, and this will be the most important such intervention since the Bush V Gore case in 2000.

Arguably, it is even more important, since Donald Trump is a threat to American democracy, the Constitution, and the rule of law, a series of realities that was not the same with George W. Bush in 2000.

Many conservative scholars and jurists think the Court will bar Trump from the ballots, which would be a victory for sanity and democracy, because Trump’s own rhetoric is Fascist oriented, and he advocates retribution and revenge, and speaks in Adolf Hitler rhetoric.

Also, this Court majority has emphasized their belief in “textualism” and “originalism” interpretation of the Constitution, so if they keep to that viewpoint, they will bar Trump from running for President.

The most corrupt President in American history needs to be stopped in his quest to undermine the future of America as his personal agenda, and his 25-35 percent support makes one wonder about the mental stability of his followers, who fail to see the danger of his attempt to regain power!

Supreme Court Reputation At All Time Low!

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The Supreme Court of the United States once was the most highly honored government institution, with a reputation of having the highest ethics, and beyond politics!

However, the Roberts Court, in place now for 18 years since 2005, has lost all credibility, as it has struck out against basic constitutional rights relating to women, race, and sexuality, and has promoted a gun culture; advocated religion (Christianity) over civil rights; and worked to limit voting rights.

The two Bush appointees—Clarence Thomas (George H. W. Bush), and Samuel Alito (George W. Bush) have become the most horrendous, narrow minded Supreme Court Justices of the past century, more so than Antonin Scalia and William Rehnquist, in their negative influence on constitutional law.

Roberts himself, who is so concerned about the negative image of the Court, has been unwilling to promote the concept of ethics reform, despite the clearcut scandals of both Thomas and Alito, but also including himself and even some by other Court members.

So Roberts, the 17th Chief Justice in American history, will not have a great historical reputation in the future, and the Court’s misbehavior will lead to a move to change the future of the Court, including, possibly, future expansion of the Court; or term limits for future Justices; and mandated ethics reforms when and if the Democrats can have solid control of the legislative agenda in some future Congress, hopefully sooner rather than later!

Roberts, himself, has already served as Chief Justice longer than most of that select group of 17, and it would be a good situation if he, with 18 years; Alito with 17 years; and Thomas with 32 years (12th longest of all Supreme Court Justices) were to retire soon, but that is very unlikely to occur anytime soon!

Time For Chief Justice Roberts, Associate Justices Thomas And Alito To Retire!

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The controversies over conflicts of interest and open corruption on the Supreme Court calls for the three Bush 1 and Bush 2 Justices to retire.

Clarence Thomas has been on the Court for nearly 32 years, 12th longest!

Samuel Alito has been on the Court for 17 years, the norm for Justices in American history!

Chief Justice Roberts has been on the Court for 18 years, the norm for the last three Chief Justices, and only three Chief Justices in the 19th century have served longer!

There is a dire need for term limits on the Court, as 18 years of service would allow each President in the future to select two Justices in a four year term, and turnover is essential, as the Justices should not be regarded with reverence as if they are deities!

Clarence Thomas, Harlan Crowe, And Leonard Leo: Massive Ethics Scandal!

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Supreme Court Associate Justice Clarence Thomas has become the most controversial member of the Supreme Court since Associate Justice Abe Fortas resigned from the Court in 1969, due to an ethics scandal, which by comparison to Thomas, was quite minor.

Thomas and his wife, Ginni Thomas, have been taking favors, gifts, and lots of money from billionaires Harlan Crow and Leonard Leo, the latter the head of the right wing Federalist Society, which has been dedicated, and quite successfully, to turn the US Federal Judicial system to the extreme Right.

Thomas has been controversial since he was confirmed in 1991, after charges of sexual harassment by Anita Hill, caused the closest vote of the 20th century in the US Senate.

The Court under Chief Justice John Roberts has been besmirched not only by Thomas, but by controversies surrounding the appointments of all three Trump appointees, and the two Bush appointees of Thomas and Samuel Alito.

Faith and trust in the fairness and balance of the Court has declined rapidly, but there is little that can be done to force Thomas to resign, as that would have the effect of changing the strong right wing extremism of the present Court with a Joe Biden replacement.

The rule of law and faith in the Constitution is under attack, and restored confidence in the Court is not likely anytime soon.

Supreme Court Justice Quality Way Down From Decades In The Past!

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Republican Party Presidents since 1953 have selected the vast majority of Supreme Court Justices!

Dwight D. Eisenhower 5
Richard Nixon 4
Gerald Ford 1
Ronald Reagan 4
George H. W. Bush 2
George W. Bush 2
Donald Trump 3
Total 21 with William Rehnquist listed twice under Nixon and Reagan

in 40 years of Republican Presidents

Democratic Party Presidents have had far fewer appointments!

John F. Kennedy 2
Lyndon B. Johnson 2
Jimmy Carter 0
Bill Clinton 2
Barack Obama 2
Joe Biden 1
Total 9

in 32 years of Democratic Presidents

So twice as many Repubican appointments as Democrats!

Eisenhower had Chief Justice Earl Warren, Associate Justice Potter Stewart, and Associate Justice William Brennan stand out!

Nixon had Chief Justice Warren Burger and Associate Justice Harry Blackmun stand out!

Ford had Associate Justice John Paul Stevens stand out!

Reagan had Associate Justice Sandra Day O’Connor and Associate Justice Anthony Kennedy stand out!

H W Bush had Associate Justice David Souter stand out!

On the Democratic side:

Kennedy had Associate Justice Byron White stand out!

Johnson had Associate Justice Thurgood Marshall stand out!

Clinton had Associate Justice Ruth Bader Ginsburg and Associate Justice Stephen Breyer stand out!

Obama had Associate Justice Sonia Sotomayor and Associate Justice Elena Kagan stand out!

Biden had Associate Justice Ketanji Brown Jackson stand out!

So 9 Republican appointments and 7 Democratic appointments have stood out!

Now, sadly, we have a group of appointments by Republican Presidents (the two Bushes and Donald Trump) that have been extremist and involved in conflicts of interest, and are not interested in being in the moderate center of constitutional law!

These include Clarence Thomas, Samuel Alito, Brett Kavanaugh, Neil Gorsuch, and sadly, Chief Justice John Roberts!

Supreme Court Ethical Violations Are Totally Out Of Control!

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The Supreme Court, already outrageously extremist right wing, due to the three Donald Trump appointees added to the arrogant, nasty Clarence Thomas and Samuel Alito, the appointees of the two Bush Presidencies, is now even further in violation of ethics!

It turns out that Chief Justice John Roberts has judged in cases that involve financial matters affecting his wife!

This blogger has always tried to give slack to Roberts, but at this point, he is the head of a Court out of control, and refuses to testify before a Senate committee on Judicial ethics, of which the Court, clearly, has ZERO!

Roberts has been on the Court for 18 years, Thomas 32 years and Alito 17 years, and it is time for these unethical Justices to retire!

Of course, they will NOT do so, but that is the argument for expansion of the Court, as this is very different than the controversial so called “Court Packing Plan” of Franklin D. Roosevelt in 1937, which was defeated!

That Court in 1937 had declared several New Deal laws unconstitutional, but the Court in the present is way beyond any earlier abuses, and longevity of Court members is out of control as compared to history!

There is a need for term limits on the Court, and for now, to balance the Court and make for fair constitutional law, new members need to be added!

Until that occurs, which is of course unlikely, the Court will have further rapidly declining prestige and support of public opinion, which does matter in a democracy!

Supreme Court Corruption Is Massive: Time For Reform!

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The latest revelation about Supreme Court Associate Justice Neil Gorsuch selling property to a law firm that has argued before the Court adds to the similar actions of Clarence Thomas selling property to a right wing billionaire, and makes clear the reality of ethical violations by members of the Court, who seem to think they are beyond reproach!

Add the nasty, arrogant manner of Samuel Alito and Clarence Thomas; the ethical issues around Thomas and Brett Kavanaugh that have never been truly addressed; and the abuse promoted by Kentucky Senator and Republican Minority Leader Mitch McConnell in promoting a quick replacement for Ruth Bader Ginsburg by Amy Coney Barrett just weeks before the Presidential Election of 2020, while blocking the appointment of Merrick Garland to replace Antonin Scalia nine months before the Presidential Election of 2016.

One could argue that except for Barrett and Chief Justice John Roberts, that all of the other Republican appointments to the Court are, at the least, ethically challenged, and screams for Supreme Court reform.

The Court is more extreme right wing than it has been since the 1920s, so there is now a strong argument to add members to the Court to right the balance, and to set term limits for future Court Justices.

Justices are on the Court for too long, with Thomas now at almost 32 years, and the all time record being 36, and with Alito at 17 years and Roberts at 18 years, which sounds like what the proper term in the future should be 18 years, with the idea that every President in the future, would have two appointments in a four year term, and there would be constant turnover over four plus Presidential terms.