Supreme Court

23 Years Since Richard Nixon’s Death, Final Total Repudiation Of His Positive Legacy In Domestic Affairs

Richard Nixon died on Earth Day 1994, at the age of 81.

He died, knowing that the Watergate and related scandals under his Presidency, would damage his reputation forever.

But Nixon also left a positive legacy, which now, a generation later, is, finally, totally repudiating his time in office.

Nixon, for all his faults, was the most “liberal” or “progressive” Republican President since Theodore Roosevelt, and no Republican President since has been anywhere near as much so.

Nixon could have prevented a lot of reforms, with his veto, but instead went along with a Democratic controlled Congress, and signed into law the following:

The Environmental Protection Agency

The Consumer Product Safety Commission

The Occupational Safety and Health Administration

The National Oceanic and Atmospheric Administration

Large increases in Social Security, Medicare, and Medicaid, as well as the Food Stamp Program.

Enactment of the Supplemental Security Income program, providing a guaranteed income for elderly and disabled citizens.

Signed into law various environmental laws, and expanded national park land protection under the Department of the Interior.

Signed into law Title IX, guaranteeing equal access and opportunity to women in all educational and recreational activities in colleges and universities and public schools.

Signed into law the addition of Affirmative Action to the Civil Rights Act of 1964, for women, and ethnic minorities, in education and in employment–race, color, sex, religion, national origin.

Nixon also endorsed the proposed Equal Rights Amendment for women, also backed by his successor, Gerald ford, but opposed by Ronald Reagan, and failing of being added to the Constitution during the Reagan Presidency.

Finally, one of Nixon’s four Supreme Court appointments, Justice Harry Blackmun, turned out to be a very progressive member of the Court, and was the author of the majority opinion in Roe V. Wade, the abortion case, which has continued to divide Americans 44 years later, and which the Republican Party is attempting to bring about its reversal, with one step being the addition of Donald Trump’s Supreme Court nominee, Neil Gorsuch.

Now, in 2017, President Trump and the Republican controlled 115th Congress seem to be on the road to destruction of all of these major achievements under Richard Nixon, a true travesty of justice.

We are witnessing the most reactionary, right wing extremist Congress and Presidency in American history, and progressives must fight tooth and nail to prevent this destruction of the “good side” of Richard Nixon’s legacy.

The Urgency Of The Democratic Party Taking Back The House Of Representatives, And State Governorships And Legislatures In 2018

Jon Ossoff, the Democratic front runner in the 6th Congressional District of Georgia (Atlanta suburbs), fell just short of the 50 percent needed to win that seat in the House of Representatives, and avoid a runoff.

Now he will face Republican Karen Handel on June 20, and it will be more difficult to gain the seat, a traditionally GOP district in the past 38 years since Newt Gingrich won the seat in 1979, followed up by Tom Price, the Health and Human Services Secretary, who vacated the seat to become part of Donald Trump’s cabinet.

One can be assured massive amounts of money will be spent on both sides of this race, which, if Ossoff wins, would be a major blow to Donald Trump and his agenda.

The 24 point swing in Kansas’s special election for the House, and now the 10 point swing in Georgia, in the first round, are signs that the Democrats COULD regain the majority in the House of Representatives in 2018, after eight years in the “wilderness”.

It is simply a sign of the reality that the Democratic Party, at a low point, having lost so many seats in both houses of Congress in the Barack Obama era, along with governorships and state legislatures, have the urgency to work very hard to start their revival.

The average number of seats gained by the “out” party in the midterm elections is 23 in the House of Representatives, and right now, the Democrats need 24 seats to regain control, so it is within potential gains that one might expect.

The US Senate will be nearly impossible to win seats, however, as only 8 Republicans are up for reelection in 2018, as against 25 Democrats.

Looking at the GOP held seats, the only possible gains, and not easily, might be Jeff Flake’s seat in Arizona, and Dean Heller’s seat in Nevada. The only other possible hope would be if somehow Ted Cruz could be unseated in Texas, but that is highly unlikely. So at this point, the most that could be expected is a 50-50 tie in the Senate, with Vice President Mike Pence able to use his vote in a tied Senate.

One must realize that while many of the 25 Democratic seats are seen as safe, a large number are not so, including Claire McCaskill in Missouri, Jon Tester in Montana, Heidi Heitkamp in North Dakota, Joe Manchin in West Virginia, Joe Donnelly in Indiana, Bill Nelson in Florida, and Bob Casey in Pennsylvania. Note that Heitkamp, Manchin, and Donnelly tried to protect their flank by voting for Supreme Court nominee Neil Gorsuch, but McCaskill, Tester, Nelson and Casey did not do so.

But beyond Congress, it is urgent that state governorships be gained, as well as control of more state legislatures, all in planning for the next census of 2020 and the redistricting of House seats and state legislative seats that will come after 2020, with the evil reality of gerrymandering affecting the next decade.

Is Donald Trump The Third President Without A Party, As Was The Case With John Tyler And Andrew Johnson?

We have had two Presidents who lacked support of a party, and we may now have a third one in Donald Trump.

Two Presidents were elected Vice President as part of a “fusion” team to help elect the Presidential nominee, and then quickly became President upon the death of the President.

John Tyler, a Democrat, ran on the Whig Party line with William Henry Harrison in 1840, and Harrison died of pneumonia 31 days after the inauguration.

Tyler disagreed with the Whig Party principles, and came into conflict with Whig leadership, including Senator Henry Clay of Kentucky and Congressman John Quincy Adams of Massachusetts.

His entire cabinet resigned after a few months, with the exception of Secretary of State Daniel Webster, and Tyler had great troubles with confirmation hearings, with four cabinet appointments and four nominees for the Supreme Court rejected by the Whig controlled Senate. The Congress refused to pass funding for fixing of the White House, which was in disrepair, and an attempted impeachment was prevented only by the Whigs losing the House of Representatives in 1842.

So John Tyler was a man without a party.

The same can be said of Andrew Johnson, a Democrat, who was the Vice Presidential nominee with Republican Abraham Lincoln in 1864, with Lincoln concerned about reelection, so choosing a loyal Southern Democrat to shore up support among some Northern Democrats.

When Lincoln was assassinated 45 days after his second inauguration, Johnson became President but clashed quickly with Radical Republicans over Reconstruction policy, and when he vetoed significant legislation, and went out and campaigned against them in midterm congressional elections in 1866, an open split was clear, and Congress passed the Tenure of Office Act, which prevented the dismissal of any cabinet officer appointed by the President, without majority backing by the majority of both houses of Congress, an unconstitutional action.

Johnson now faced impeachment on flimsy charges, and was found not guilty, but it weakened his ability to govern, and he was unable to gain the filling of a Supreme Court vacancy, and was truly a President without a party.

Now, Donald Trump has alienated many Republicans, who are willing to investigate his Russian ties and possible collusion in the Presidential Election of 2016. He has denounced the Freedom Caucus membership which prevented his health care legislation from passing, and many US Senators, including John McCain, Lindsey Graham, Ben Sasse, and others, have been strong critics. Additionally, he has hinted at working with Democrats, even though he has also antagonized them repeatedly with his utterances and policies. His public opinion rating is the lowest for any new President, since the beginning of polling 80 years ago.

The possibility of impeachment is there, as even top Republican leadership, including Speaker of the House Paul Ryan, and Senate Majority Leader Mitch McConnell, have found it difficult to work with a President who is constantly tweeting and criticizing, in a very divisive way.

So Donald Trump could end up being the third President without a party, recalling that for a long time, he was sounding years ago like a liberal Democrat!

Neil Gorsuch On Supreme Court A Fateful Turn To The Right, Unless He Surprises, As Other Republican Appointments In Past Have Done

Seven Republican appointments to the Supreme Court since 1953 turned out to be less conservative than expected, so the question that arises, as Neil Gorsuch, appointed by Donald Trump, becomes the 113th Supreme Court Justice in American history is, will Gorsuch follow that lead?

At this point, it seems highly unlikely, but there is no way to know how a person on the Court, who potentially could be there for 35 years, until 2052, will react as cases come before him. If he has an open mind, he could surprise us, as history records for appointees of Presidents Dwight D. Eisenhower, Richard Nixon, Gerald Ford, Ronald Reagan, and George H. W. Bush prove.

Chief Justice Earl Warren and Associate Justice William Brennan, appointments of Eisenhower, thought to be conservatives, turned out to be path breaking liberals on the Court.

Associate Justice Harry Blackmun, appointed by Nixon, proved to be the same, as did John Paul Stevens, appointed by Ford.

Associate Justices Sandra Day O’Connor and Anthony Kennedy, chosen by Reagan, proved to be the swing vote,often siding with the liberal side of the Court, despite their generally conservative bent.

And David Souter, appointed by the first Bush, also proved to be a surprise on his vote much of the time.

So we will see over the next few years if Neil Gorsuch surprises.

Trump Drops To 35 Percent In Gallup Poll, With 59 Percent Negative Toward His Presidency

Donald Trump is falling fast in the polls, hitting an all time low for a new President after 70 days, of only 35 percent in the latest Gallup poll.

Trump is striking out at the House Freedom Caucus, threatening primary challengers to the extreme right wing group, not realizing that in their gerrymandered districts, they are likely to beat any primary opponents in 2018.

Trump talks about cooperating with Democrats, but why would they, since he wishes to destroy Obama Care, and has forced an extreme right wing judge, Neil Gorsuch, on them, with the potential for this man who seems to be to the right of Clarence Thomas and Samuel Alito, to be on the Court for the next 30 or more years, as he is only 49.

59 percent in the latest Gallup poll have a negative attitude toward Trump, and his second Muslim Ban has again been held up in the courts.

His Secretary of the Interior, Ryan Zinke, has admitted that building a Mexico Wall will be a major challenge due to topography, including the Rio Grande River in Texas.

And the Russian connection is being ratcheted up by the Senate Intelligence Committee headed by Republican Richard Burr and Democrat Mark Warner.

Finally, there are reports that former National Security Adviser General Michael Flynn, is ready to testify in exchange for immunity from prosecution so it now seems likely that Donald Trump will NOT finish his term, and that Mike Pence will become President during this term.

Donald Trump Dealt Defeat On Muslim Immigration Ban: Victory For The Constitution And American Democracy!

Donald Trump has been dealt a stinging defeat by a three member 9th Circuit Appeals Court, with one judge appointed by George W. Bush, one by Jimmy Carter, and one by Barack Obama, and this after a district judge, appointed by George W. Bush, had put a hold on Trump’s Executive Order establishing a travel ban, which is really a Muslim ban from seven nations, none of which have sent terrorists to America, while Saudi Arabia, as an example, has sent the 9 11 terrorists, but was not on the list.

It is clear that any nation that is Muslim but which Trump has business dealings with will never be on the list. This has caused tremendous consternation, inconvenience, and personal torment for many decent people who have been blocked from entering the United States for no good reason, but Trump has no empathy or compassion, and is clearly making a grab for dictatorial power.

This is a dangerous attempt to acquire absolute power, and it must be stopped cold by the Supreme Court, which it seems, assuredly, will happen.

This judicial intervention is a victory for the Constitution and American democracy!

Trump is a Fascist, a danger to our Constitution and our civil rights and civil liberties, and massive marches are continuing, and Republicans are getting the Town Hall treatment that Tea Party people gave Democrats right after Barack Obama was inaugurated.

It now seems possible that the Republicans, who cannot come up with a solution to ObamaCare, and are endangering so many of our accomplishments in the years from FDR through LBJ and beyond, could lose seats, and maybe control, if this discontent with them and Trump continues to evolve.

The country needs to stop this far right extremism desperately!

US V Nixon; Clinton V Jones; And Now US V Trump?

In 1974, the Supreme Court, by 8-0 vote, told Richard Nixon that he had to hand over the Watergate tapes to the Special Prosecutor, which led to Nixon’s resignation a few weeks later.

In 1997. the Supreme Court, by 9-0 vote, told Bill Clinton that he could not avoid trial on sexual harassment charges brought by Paula Jones, simply because of his Presidential duties, which led to the impeachment and trial in 1998-1999.

The point of these two cases, US V Nixon, and Clinton V Jones, is that the President is not in total charge, and can be held to account by the Court system of America.

Donald Trump is about to get the same reality check, as the case involving the ban of all immigration from seven Muslim nations goes to the 9th Circuit Court, after a District Court Judge showed courage in stopping the enforcement of the President’s executive order. This is seen by most legal experts as unconstitutional, as a violation of the First and 14th Amendments, and being used against nations that have sent no terrorists to America, while other nations that have, are not included in the ban.

Donald Trump seems to think he is above the law, and his authoritarian, autocratic and tyrannical behavior must be nipped in the bud right now!

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

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!

Congressional Republicans Growing Unease About Donald Trump

Less than two weeks in office, Donald Trump is starting to see growing unease among some Congressional Republicans about his independent, go it alone, style of leadership.

Trump clearly feels he was elected without true party unity, and intends to govern in an authoritarian manner, but there are Republicans who are unhappy with his style and manner.

These include:

Arizona Senator John McCain
Arizona Senator Jeff Flake
South Carolina Senator Lindsey Graham
Ohio Senator Rob Portman
Nebraska Senator Ben Sasse
Maine Senator Susan Collins

Also, some Congressmen are also speaking out, so Trump may be a President without a party, and to find that, one must go back to the 19th century, where two Presidents, who succeeded a President who died, had massive headaches trying to deal with the party that had accepted them, members of the opposition party, as their Vice President, due to the wishes of the Presidential nominee, but with no expectation that the President wold die in office.

I am referring to Democrat John Tyler, who ran on the Whig Party ticket with William Henry Harrison in 1840; and Democrat Andrew Johnson, who ran on the Republican “Union” Party line with Abraham Lincoln in 1864.

Both Tyler and Johnson would have never ending headaches with their adopted party, with major battles over Supreme Court and Cabinet appointments, and a threat to impeach John Tyler, and an actual impeachment trial for Andrew Johnson.

Could Donald Trump be on the way to similar resistance and possible impeachment? He is alienating Congress by being a “lone wolf”, showing his disdain for Congress and the party line he ran on.

One must recall that his victory for President was the worst ever in popular vote loss to his opponent, and seventh lowest percentage ever, but with all those Presidents with lower percentage of vote, having had two or three opponents who gained electoral votes, instead of just one opponent.

44 Years Ago: Death Of Lyndon B. Johnson; Abortion Becomes Legal; End Of Engagement In Vietnam War–We Must Learn From These Events!

44 years ago, on January 22, former President Lyndon B. Johnson died at the age of 64, and the Supreme Court ruled 6-3 in the case of Roe V. Wade, that women had a right to abortion in the first two trimesters.

44 years ago on January 23, announcement of an agreement to end US involvement in the Vietnam War was announced in Paris, therefore denying LBJ the ability to know of the peace agreement before his death, in a war that had forced him out of the Presidential race in 1968.

Looking back 44 years and to today in 2017, we can reflect that the Great Society of LBJ is under attack in a massive way, as is the New Deal of FDR. We are going backwards in so many ways under President Donald Trump.

Also, abortion rights are being taken away in many areas and by government policy, and the danger is that Roe V Wade could be reversed in a future Supreme Court decision, once a Trump appointed Justice is added to the Court. So women’s rights to control their own bodies will now face new restrictions, and will lead to more deaths, and abuses.

And our engagement in Vietnam, a massive mistake, has not been learned from, as now there are hints that Donald Trump is ready to send troops to fight ISIL (ISIS), committing us to a massive war in the Middle East, and with Trump asserting yesterday that America might just seize the oil of Iraq for ourselves, which would be a war crime, and a continuation of US imperialism overseas.

This is why we have intervened so much since World War II in other nations in the Middle East and in Asia, as well as Latin America.

And do not be surprised by a move to engage in war with Iran, in support of the right wing government of Benjamin Netanyahu in Israel, and more warfare in the West Bank and Gaza Strip areas of the Palestinians.

This is not to endorse Iran, the Palestinians, or anyone else, but to point out, it looks as if we are on the way to another major military conflict, that will cost American lives and make tons of profit for the war industry. And we are likely to see a new generation of American military personnel who end up having Post Traumatic Stress Disorder, and are unlikely to gain proper medical treatment for that condition.

In many ways, America has learned nothing from our historical experiences, and we are reverting to past mistakes in domestic and foreign policy.