Supreme Court Justices

Evan Bayh Guarantees Indiana Will Go To The Democratic Presidential Nominee, Hillary Clinton!

Former Indiana Senator Evan Byah, the son of former Senator Birch Bayh, chose not to run for reelection in 2010 after 12 years in the Senate.

But now, six years later, he has decided to come back and run for his seat, and will likely take it away from whomever the Republicans run to succeed retiring Senator Dan Coats, who also gave up his seat and then came back to run again for it in 2010.

We can chalk this up as a certain Democratic gain toward their hoped for majority in the US Senate, which will be crucial in so many ways, including the confirmation of Supreme Court Justices.

Bayh is a moderate centrist Democrat, the kind who can help Hillary Clinton win Indiana, which Barack Obama won in 2008 but lost in 2012.

So at least one “Red” state can be considered a gain for the Democrats, insuring even more that Hillary will be elected the 45th President of the United States in November.

The Changing Supreme Court In 2017: A Move To The Left That Will Last To The 2040s Or Beyond!

With the reality that Democrat Hillary Clinton has a clear lead for the Electoral College, the likelihood of a liberal majority Supreme Court seems more certain in 2017 and beyond.

News that Justice Clarence Thomas might retire at age 68 in the next year is encouraging in that regard, but even if he does not, as his wife has just contended, the likelihood is of FOUR appointments to the Court outside of Thomas, with two of them (Antonin Scalia dead and Anthony Kennedy retiring) being a movement to the left, making at the least a 6-3 Court by 2020. If Thomas also leaves, it would be a 7-2 Court, which would have a long range effect to the 2040s or beyond!

The Supreme Court has had a Republican and conservative majority for 44 years, since 1972, so it is about time to right the balance and make for a revival of the Chief Justice Earl Warren Court, which had an effect for 16 years, and continued to influence, if not control the Court, with the extended service of Justice William Brennan and Justice Thurgood Marshall.

Fortunately, Justice Harry Blackmun, Justice John Paul Stevens, and Justice David Souter, all appointed by Republican Presidents, often joined the few liberals left on the Court, and prevented the Court from going even further Right than it did in those 44 years.

But there is a desperate need for a tilt to the left on so many issues, so that is the most important reason for the election of Hillary Clinton to the White House in November!

Historic Moment To Revel In! First Female Presidential Candidate Of A Major American Political Party, And Of Course, A Democrat!

It has finally happened!

Hillary Clinton is the Democratic Presidential nominee, the first woman to gain that opportunity on a major party line!

But remember that it is the Democratic Party which gave us the first Catholic President, John F. Kennedy, and the first African American President, Barack Obama!

Also, it was the Democratic Party that gave us the first woman Vice Presidential nominee, Congresswoman Geraldine Ferraro of New York and the first Jewish Vice Presidential nominee, Joe Lieberman of Connecticut, along with the first Catholic Vice President, Joe Biden.

It was a Democratic President, Woodrow Wilson, who gave us the first Jewish Supreme Court Justice, Louis Brandeis.

The Democratic Party is the party of equal opportunity, including three Jews presently on the Court (Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan); three women presently on the Court (Ginsburg, Kagan, and Sonia Sotomayor) ; and the first Latina Supreme Court Justice (Sotomayor).

And it was great today to see the first African American President, Barack Obama, wholeheartedly endorsing the first woman Presidential nominee, Hillary Clinton!

Speculation About Trump As Presidential Nominee: The Kind Of People He Would Select For Vice President And The Supreme Court!

Horror stories are coming out about who Donald Trump might choose to be his running mate for Vice President, if he becomes the Republican Presidential nominee in this election year.

It may all be scare propaganda, but it is enough to make one wish to vomit!

Imagine Florida Governor Rick Scott, one of the most despicable, and corrupt Governors in America, a heartbeat away!

Imagine former Alaska Governor Sarah Palin again a possible heartbeat away, as she would have been had John McCain won the Presidency in 2008.

Imagine former Republican Presidential candidate Carly Fiorina, the failed CEO of Hewlett Packard, who came across as an obnoxious and uncaring candidate, being a heartbeat away when she ran a corporation into the ground.

And Trump told Pat Robertson, the aging and demented evangelical leader, that he wants more Supreme Court Justices like Clarence Thomas, who has not uttered a word on the Court in the past ten years, and has had major conflicts of interest in many cases, but never recuses himself, making him an extremely corrupt and incompetent Supreme Court Justice!

The Age Issue In The Presidential Campaign

This blogger has discussed before the reality that we are likely to have the oldest President in American history being elected in the Presidential Election of 2016.

Only Ronald Reagan and Dwight D. Eisenhower were past 70 when President, with Ike only three months beyond 70 when he finished his time in the White House, while Reagan was just weeks short of 70 when elected, and almost 78 when he left office after two terms.  Of course, Reagan showed signs of mental decline in his second term, as his son Ron Jr testifies to, and there were many hints that there was concern of his staff and his wife about his ability to deal with the responsibilities, and efforts to “protect” and “shelter” him.

The point is that there is no question that anyone beyond the age of 70 is more likely to have a health crisis, such as a heart attack, a stroke, Alzheimer’s, or cancer, than someone under the age of 70.

Yes, we live in a time when many people continue to work full time, including Supreme Court Justices, US Senators and Congressmen, corporate leaders, media figures, actors and musicians, and average Americans.

And yes, many “senior citizens” work part time, some because they need to in an economic sense, and others because they wish to keep active and engaged.

No one is saying that people over 70 should be “farmed out to pasture”!  But the pressures of the Presidency are greater than any other job, and affect all of us in the country, unlike any other job.  And that makes it ever more important that the best possible Vice Presidential candidates are chosen, and that he or she be substantially younger than an elderly President, since the odds of a Presidential succession during a term of office is far greater statistically.

Also, we have not had a Presidential succession in 41 years since Richard Nixon resigned, and 52 years since a President died in office (John F. Kennedy), so we are fighting against the tides of history, and more so with a President over 70!

Age Limits In Congress Arise As Issue As John McCain Plans For Another Term In Senate In His 80s!

As Senator John McCain of Arizona announced that he will seek another six year term in the US Senate, which would bring him into his mid 80s in that chamber, the question arises of some type of age limits that needs, desperately, somehow, to be applied in the future.

The number of octogenarians who have served in the Senate is, by research, somewhere in the mid 30s, out of a total number of Senators since 1789 numbering, at this point, 1,973 in total!

So one might say that having about 1.6 percent of all US Senators lifetime in their 80s or 90s is not a big deal, but it actually is, as level of health and well being, while fine for some, realistically, is not overall good statistically for people in their 80s, with dementia a particular problem and early death a statistical likelihood. Really, when one has reached the ninth or tenth decade of life, no matter how good in performance one has been, and no matter how much one feels he or she can do and contribute, it is, simply, time to allow someone new and younger to serve a Congressional district or state!

No one is indispensable, and that should include Supreme Court Justices as well, as the likelihood of excellence at such an advanced age is highly unlikely, but often, it is just stubbornness and ego that keeps these government leaders in their positions.

Harry Reid of Nevada and Barbara Mikulski of Maryland and Barbara Boxer of California realized this, and on the other hand, Diane Feinstein of California did not, Chuck Grassley of Iowa did not, Orrin Hatch of Utah did not, Richard Shelby of Alabama did not, James Inhofe did not,and now John McCain has not. Additionally, Pat Roberts of Kansas, Thad Cochran of Mississippi, Patrick Leahy of Vermont, and Lamar Alexander of Tennessee will reach 80 in the next few years, and yet, it is really time to go, gentlemen!

Do we really want Senators possibly reaching their 90s in office, as Strom Thurmond of South Carolina, Theodore Green of Rhode Island, Robert Byrd of West Virginia, and Carl Hayden of Arizona did, reaching the ages of 100, 93, 92, and 91 in office?

Enough is enough, and age 80 should be the limit with no exceptions, and therefore, one would not be permitted to run for office past age 74 at the time of the election, so that they leave during the year they reach age 80!

in other words, we need a “youth movement” in the United States Senate, as well as in the House of Representatives, so it is time for such luminaries as Michigan Congressman John Conyers and New York Congressman Charles Rangel to stay goodbye at the end of their present term of Congress!

Republican Presidents And Ten Exceptional Supreme Court Appointments Since 1900!

Republican Presidents have contributed many outstanding Supreme Court Justice from the time of Theodore Roosevelt through the Presidency of George H. W. Bush, from 1902 through 1990.

Ten Justices can be seen as having a very positive impact on the Court, often surprising the Republican Presidents who appointed them, as many could have been appointed by Democratic Presidents in retrospect!

These Justices include:

Oliver Wendell Holmes, appointed by Theodore Roosevelt, and serving from 1902-1932.

Harlan Fiske Stone, appointed by Calvin Coolidge, and serving as Associate Justice from 1925-1941, and then elevated to Chief Justice by Franklin D. Roosevelt from 1941-1946.

Charles Evans Hughes, originally appointed by William Howard Taft, and serving as Associate Justice from 1910-1916, resigning to run as the Republican Presidential nominee in 1916, and then, reappointed, now as Chief Justice by Herbert Hoover, and serving from 1930-1941.

Benjamin Cardozo, appointed by Herbert Hoover, and serving from 1932-1938.

Earl Warren, appointed by Dwight D. Eisenhower, and serving as Chief Justice from 1953-1969.

William Brennan, appointed by Dwight D. Eisenhower, and serving from 1956-1990.

Harry Blackmun, appointed by Richard Nixon, and serving from 1970-1994.

John Paul Stevens, appointed by Gerald Ford, and serving from 1975-2010.

Sandra Day O’Connor, appointed by Ronald Reagan, and serving from 1981-2006.

David Souter, appointed by George H. W. Bush, and serving from 1990-2009.

Any scholarly listing of great Supreme Court Justices would certainly list Holmes, Warren, Brennan, Blackmun, and possibly Stevens in the top ten Supreme Court Justices of all time, a total of 112 Justices in the history of the Supreme Court up to now. And Stone, Hughes, Cardozo, O’Connor, and Souter would all rank in the next ten, making this list part of the top 20 out of the entire list. And Stone, Hughes and Warren served as Chief Justices, arguably the three best Chief Justices, following the greatest Chief Justice of all time, Chief Justice John Marshall (1801-1835)!

All of this above list, except Cardozo, served for a long time, from a low of 16 years for Warren, up to 35 for Stevens, and even Cardozo is rated as being an outstanding Justice, despite his short period on the Court.

So the Republican Party and Presidents, often by misjudgment or error, selected many of the greatest Supreme Court Justices in its history in the 20th century!

The Supreme Court Of 2014 Most Right Wing Since Early 1930s!

The Supreme Court has been controversial at different times in its history, but the present Court of 2014 is considered the most right wing Court majority since the early 1930s!

Since the Warren Court, which began in the 1950s, we have never had such conservative Justices as we have now.

Three of the present Justices are among the most conservative ever to sit on the Court, including Justice Antonin Scalia, Justice Clarence Thomas, and Justice Samuel Alito.

If one adds former Chief Justice William Rehnquist and former Associate Justice Lewis Powell, we have the five most conservative Justice since 1953, a period of 60 years.

Not much behind is Chief Justice John Roberts and Associate Justice Anthony Kennedy, both capable of surprises in their votes and rulings, but still most of the time joining Scalia, Thomas, and Alito.

These seven named Justices were all picked by Republican Presidents–two by Richard Nixon; two by Ronald Reagan, plus his promotion of Rehnquist to the Chief Justiceship; one by George H. W. Bush; and two by George W. Bush.

But also, Republican Presidents have selected Justices who turned out to be quite moderate, and even sometimes liberal, including Chief Justice Earl Warren and Associate Justice William Brennan by Dwight D. Eisenhower; Chief Justice Warren Burger and Associate Justice Harry Blackmun by Richard Nixon; John Paul Stevens by Gerald Ford; Sandra Day O’Connor by Ronald Reagan; and David Souter by George H. W. Bush.

Since 1953, Republicans have controlled the White House for 36 years, while Democrats have had control for 25 plus years, and that has caused the right wing tilt of the Court, which could have been even more so, if not for the surprises presented by the seven “less” conservative, and some “quite liberal” Justices listed in the above paragraph!

So the Republicans have chosen 17 of the past 25 Justices since 1953, with John F. Kennedy picking two, but one (Byron White) turning out to be conservative, and Arthur Goldberg leaving the Court after only three years, due to the urging of Lyndon Johnson that he become United Nations Ambassador. Johnson selected Abe Fortas to replace Goldberg, but he stayed on the Court for only four years, and left the Court under the cloud of scandal. The first African American Justice, Thurgood Marshall, would go on to serve as a champion liberal for 24 years from 1967 to 1991.

Jimmy Carter would have no appointments to the Court in his four years in the White House, the only such situation in the 20th century, and one of only four Presidents to have had no appointments, but the only one to have a full term in the Presidency. The other three Presidents were William Henry Harrison (one month); Zachary Taylor (16 months); and Andrew Johnson (almost a complete term, but so unpopular that the Senate would not confirm any Court appointments in his time in office).

Bill Clinton selected Ruth Bader Ginsburg and Stephen Breyer; and Barack Obama has chosen Sonia Sotomayor and Elena Kagan as his appointments, so far, on the Supreme Court. So note that out of the eight appointments by Democrats in the Presidency, three have been women; five have been Jewish; one has been African American; and one has been Puerto Rican, with only Byron White being a typical white Anglo Saxon Protestant.

The question has now arisen whether Ginsberg, and maybe even Breyer, should retire, and guarantee that Obama could replace them, with the concern that the Senate might go Republican in November, making any Court appointment nearly impossible due to gridlock and stalemate. There is also fear that were the Republicans to win the White House in 2016, which is highly unlikely, that then the Court would be ever more right wing reactionary than it already is.

It is a calculated gamble for Ginsburg and Breyer to remain on the Court for now, but it is not uncommon for Justices to retire at very advanced ages–such as Blackmun at 85 and Stevens at 90!

So do not expect that either will retire, but with a good chance of Democrats retaining the Senate majority in 2014, or regaining it on the back of the Democratic Presidential nominee’s expected major victory in 2016!

The Constitution, The US Senate, Exceptions To Majority Rule, And The Filibuster Crisis

Anyone who studies Congress knows that the House of Representatives is based on majority rule, the need to have 218 votes, if everyone is voting, to pass legislation through the chamber.

One would like to think that the same idea applies to the US Senate, that 51 votes are needed to take action, or 50 votes with the Vice President casting the tie breaking vote.

But, actually, the Constitution, drawn up by the Founding Fathers, set up FIVE conditions, where a two thirds vote was needed to take action.

A Constitutional Amendment requires a two thirds vote.

A vote to remove a President, Vice President, Cabinet Officer, Supreme Court Justice, or a lower level Federal Court Judge, after an impeachment trial, requires a two thirds vote.

A treaty with a foreign nation requires a two thirds vote for ratification.

An attempt to override a Presidential veto of legislation requires a two thirds vote.

The expulsion of a Senator, after investigation of his actions and behavior, requires a two thirds vote.

That is it, no other time when the Constitution requires more than a majority vote.

However, the evil action known as the filibuster has emerged to become a monster, which bottlenecks and paralyzes Senate action in recent times.

A rarity until 2007, the filibuster dates back a century, but was rarely used. But when it was, it required the individual or the group to spend hours upon hours speaking on the floor of the Senate.

Now, with 386 “filibusters” in the past six years by the Republican minority, with none of them leading to debate for hours and hours, but simply blocking action by the threat itself, it has become clear that action should be taken against this weapon of the minority to cripple the Senate,

So action is being planned to lower the filibuster numbers required to stop action from 60 senators to a number likely to be 55, but other plans are also being developed, and the decision will be made at the beginning of the new Senate on January 3, 2013.

More discussion of the filibuster will be done by this author in the weeks leading up to that momentous decision, to try to allow the Senate to act in a manner which allows action, rather than total paralysis, which has made the Senate lose its respectability!

Presidents, Presidential Nominees, Presidential Seekers, Supreme Court Justices, And The Position Of Secretary Of State

Many followers of American history, government and politics may not be aware of the large number of Presidents, Presidential nominees who lost the White House, and Presidential seekers who failed to win their party’s nomination, who have been Secretary of State, the most important cabinet position. And also there are four Secretaries of State who have served on the Supreme Court of the United States.

The following Presidents have been Secretary of State earlier:

THOMAS JEFFERSON
JAMES MADISON
JAMES MONROE
JOHN QUINCY ADAMS
MARTIN VAN BUREN
JAMES BUCHANAN

The following have been Presidential nominees, but failed to win the White House:

HENRY CLAY
JOHN C CALHOUN
DANIEL WEBSTER
LEWIS CASS
JAMES G BLAINE
WILLIAM JENNINGS BRYAN
CHARLES EVANS HUGHES

The following sought their party’s Presidential nomination, failed to win it, but went on to be Secretary of State:

WILLIAM SEWARD
EDMUND MUSKIE
HILLARY CLINTON

Additionally, four Secretaries of State have served on the Supreme Court, with three of them being Chief Justice:

JOHN JAY
JOHN MARSHALL
CHARLES EVANS HUGHES
JAMES F BYRNES (Associate)

This is of great interest now as we have Senator John Kerry, 2004 Democratic Presidential nominee, under serious consideration by President Obama to be his second term Secretary of State!