Supreme Court

“Third Choice” Supreme Court Justices And Path Breaking Decisions On Abortion And Gay Marriage!

As the Supreme Court hears arguments today in the case of Obergefell V. Hodges, the gay marriage case, we are on the brink of a massive constitutional decision by the last day of June on this matter.

It now seems clear that the right to gay marriage in all of the states will be declared constitutional by a 5-4 or 6-3 vote, with Associate Justice Anthony Kennedy, and possibly, Chief Justice John Roberts, joining Associate Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

The likely author of the upcoming decision should be Justice Kennedy, who has created a majority on three earlier gay rights cases decided by the Supreme Court, but even if not so, Kennedy is the person insuring that gay marriage will become the law of the land!

And this reality brings up an interesting situation: Justice Kennedy was the THIRD CHOICE for the Supreme Court of President Ronald Reagan, after the rejection of Robert Bork and Douglas Ginsburg, and if either had been confirmed by the US Senate, gay rights now would likely not be occurring as rapidly as it has been!

And it also fact that Associate Justice Harry Blackmun, selected by President Richard Nixon, after the rejection of Clement Haynesworth and C. Harold Carswell, the THIRD CHOICE, was the author of the momentous Roe V. Wade decision of 1973, legalizing abortion!

So it turns out that “third choice” Supreme Court nominees Harry Blackmun and Anthony Kennedy have had historic effects on two controversial issues that have divided the nation, but also move the nation forward on women’s rights and gay rights!

Pew Research Poll Shows Built-In Advantage Long Term For Democrats Over Republicans

It has been a tough time for Democrats in recent years with the loss of the House of Representatives in the 2010 Midterm Election and the loss of the US Senate in the 2014 Midterm Elections, plus the loss of so many state governorships in the last three two year cycles, along with many state legislatures.

A lot of the problem is due to the failure of the demographic groups that favor Democrats to come out to vote, particularly in the midterm elections.

But the long term advantage, at least on paper, is with the Democrats, according to a new Pew Research Poll of groups and which party they favor.

Blacks (69), Asians (42), religiously unaffiliated (36); postgraduate women (35), Jewish (30), Hispanics (30), and Millennials (16) all favor Democrats.

Mormons (48), Evangelical Christians (46), White Southerners (21), White Men with some or no college education (21), White Voters (9), and Voters 69-86 (4) all favor Republicans.

Overall, 48 percent of partisans favor Democrats, and 39 percent favor Republicans.

So the key issue is getting people out to vote and fighting Republican attempts in the states to make it more difficult for those who favor Democrats from registering to vote, a tactic that has been used particularly since the Supreme Court negated portions of the Voting Rights Act of 1965 in 2013!

Jeb Bush, Marco Rubio, Scott Walker, Ted Cruz Publicly Back Discriminatory Indiana Law! What Hope Is Left For The Republican Party In 2016?

The Republican Party is going totally nuts, more than ever, as now potential Republican Presidential candidates Jeb Bush, Marco Rubio, Scott Walker and Ted Cruz have issued public statements supporting Indiana Governor Mike Pence, and the passage of a law designed to make it possible that business proprietors can refuse service to gays and lesbians, when commerce has nothing to do with religion, since we have separation of church and state, and are not a theocracy.

Christians of the right wing extremism keep on saying that they are being persecuted, when they are the ones who promoted slavery, Jim Crow segregation, and antisemitism, along with other wrongs, including degradation of women, and ministerial sexual abuse in too many cases over the years!

With Christians being over 90 percent of Americans, it is preposterous to say that they are being persecuted, when they are the ones who promoted persecution in the name of Jesus, a Jew who would never have advocated their hateful actions of racism, misogyny, nativism, and homophobia!

It leaves one to wonder if there are any Republican nominees who can appeal to the mainstream of America, as it is clear most, if not all, of the other potential nominees for President, while not yet specifically stating that they back the Indiana law, it is clear that in their hearts that they will continue to resist gay rights, even with a Supreme Court decision likely this June! Based on past statements and actions catering to the Religious Right, we know that Mike Huckabee, Rick Perry, Rick Santorum, Lindsey Graham, Rand Paul, Bobby Jindal, and Dr Benjamin Carson are likely to back Mike Pence in the coming days!

The only possible hope left seems to be the longshot possibility of Jon Huntsman, who tried for the GOP Presidential nomination in 2012, but has given up on running in 2016, easily the most decent possible candidate; or possibly Ohio Governor John Kasich, who appears to be a reasonable conservative, but has said he will decide whether to announce for President sometime this summer. Kasich, so far, seems potentially a candidate who might be able to represent the mainstream of the party, and yet remain a responsible conservative, but who can say that he will not self destruct as Jeb Bush has, for instance, just done with his statement backing Mike Pence and Indiana in promoting discrimination and homophobia?

Indiana Governor Mike Pence Allowing Religious Prejudice To Discriminate Against Gays And Lesbians: Violation Of Civil Rights!

Indiana Governor Mike Pence, a possible Republican Presidential candidate, has just demonstrated why he is not acceptable as the nominee of his party or as President of the United States!

America is not about to elect a man who allows the religious prejudice of right wing evangelical Christians toward gays and lesbians to become a law, one which violates the Civil Rights Act of 1964 in regards to public accommodations!

If a business can refuse to serve people because of their sexual orientation, the next step is to say that a business can refuse to serve African Americans, as has now happened in a South Carolina restaurant!

Or a business could use their right wing evangelical Christianity to justify not serving Jews, or Latinos, or disabled people, or senior citizens, or Muslims, or Asian Americans, or Native Americans!

This violation of human rights, using the excuse of religion to promote and advocate prejudice, needs an injunction to stop the enforcement, until it is reviewed by the judiciary in Indiana, and ultimately, the Supreme Court, as otherwise, it will lead to other states doing the same thing!

One must not forget that in the Christian faith, we have seen past discrimination against Jews and African Americans in the name of Jesus Christ, as if Jesus would have approved of the kind of bigotry so often practiced, including endorsement of antisemitism, slavery, and racial segregation!

All businesses must get a license to operate, and part of the requirements for any business should be legal agreements that ban any discrimination against anyone seeking to work in the business, or any customers of the business!

Who Should Have Been President? The Following List Of 12 Great Political Leaders

A high percentage of the 43 American Presidents are looked upon as having been inferior, disappointing, and in some cases, clearly unqualified to be President.

And then there is a list of both Presidential nominees, and also Presidential seekers, who are looked upon as those who SHOULD have been President, but never were.

First the list, which numbers 12,and then an explanation of each case.

Henry Clay
Daniel Webster
William Seward
Samuel Tilden
Charles Evans Hughes
Robert LaFollette Sr
Adlai Stevenson
Hubert Humphrey
Nelson Rockefeller
Bob Dole
Al Gore
Hillary Clinton

Two of the above (Clay and Webster) were Whigs; five of the above (Seward, Hughes, LaFollette, Sr., Rockefeller, and Dole) were Republicans; and the remaining five of the above (Tilden, Stevenson, Humphrey, Gore, and Clinton) were Democrats.

Henry Clay ran three times for President, in 1824, 1832, and 1844, and is regarded by many experts as the absolutely most outstanding Senator in all of American history, who made many contributions in government, including being Speaker of the House, an influential Senator (Kentucky) , and Secretary of State.

Daniel Webster is the other most outstanding Senator (Massachusetts) before the Civil War, and was seen as being as much of a statesman as Clay, and also served as Secretary of State.

William Seward lost the Presidential nomination to Abraham Lincoln, but was considered the leading Republican in his time as a Senator from New York, and also served as Secretary of State.

Samuel Tilden was the reform Governor of New York, who lost the Presidency despite a major lead, which in percentage, was greater than Al Gore, the other person who won the popular vote, but lost the election, and never became President.

Charles Evans Hughes was a giant figure in American government, as Progressive Governor of New York; Associate Justice of the Supreme Court; Secretary of State; and then Chief Justice of the Supreme Court.

Robert LaFollette Sr. was “Mr. Progressive”, the best state Governor (Wisconsin) in all of American history, and rated one of the top five Senators of all time, and actually tied Henry Clay in a scholarly poll as the best US Senator ever in American history.

Adlai Stevenson was a brilliant intellectual, who could not defeat President Eisenhower, but was regarded as an “egghead”, and served as Ambassador to the United Nations, years after he served as a Governor of Illinois.

Hubert Humphrey was one of the greatest Senators (Minnesota) to grace the upper chamber in American history, and introduced much of what became the Great Society, and he served as Vice President of the United States.

Nelson Rockefeller never was nominated for President, but was seen as a very capable and wise four term Governor of New York, one of the best in American history, served as Vice President, and having the potential to have been a great President, but could not gain the support of his party.

Bob Dole was a masterful Senator (Kansas) with a long career in Congress, and the ability to get things done, and regarded as the second greatest Senate Majority Leader, after Lyndon Johnson, in American history.

Al Gore won the Presidency in popular votes by more than a half million, but lost the contested state of Florida in a Supreme Court vote, based on party line, rather than the principle that the Court had no right to intervene in the state of Florida’s Supreme Court judgments. Gore served as Vice President, after service in the House of Representatives and the US Senate (Tennessee).

Hillary Clinton was one of the most outstanding First Ladies; Senator from New York; Secretary of State; and now had the opportunity, potentially, to come off this list, IF she is able to win the Presidency in 2016 and become our first woman President.

The nation would have been much better if any or all of these 12 political figures had gained the opportunity to serve in the White House!

It Is Time For Other Democrats To Start Presidential Campaigns!

It has been a foregone conclusion to many political observers that former First Lady, former New York Senator, and former Secretary of State Hillary Clinton is going to announce for President, and based on polls, is a runaway winner of the nomination, and likely to be our first woman President, and to be our 45th President of the United States!

It has never been a good omen that other Democrats have been reluctant to challenge Hillary Clinton, and are, seemingly, afraid to “test the waters” and announce their own candidacies.

Never in American history, except often when a sitting President or sitting Vice President is running for President, have we seen so many potential party challengers in either party simply stay on the sidelines, and of course, there have been challenges to sitting Presidents and Vice Presidents that make them sharper and insure they are better candidates. Such cases as Richard Nixon in 1960, Hubert Humphrey in 1968, George H. W. Bush in 1988, and Al Gore in 2000 have run better races because of challengers. Presidents such as Gerald Ford, Jimmy Carter, and George H. W. Bush have had to work harder to gain a nomination for the next term, and they all failed to be elected, but this was part of the political game.

So why anyone, including Hillary Clinton, should expect to have no rivals, is outlandish, and not good for the Democratic Party or democracy.

And frankly, after Hillary Clinton’s poor, unacceptable explanation on her emails on Tuesday, refusing to hand over the server of her email, eliminating thousands of emails by her own decision claiming privacy rights, and basically taking a hard stand on the whole matter, there is a clear cut reason for challengers to her nomination for President. Hillary Clinton has opened up a major wound in her candidacy, and it will not go away, and now it seems highly likely she is a flawed candidate in a major way, and is not anywhere near insured that she could carry enough states and electoral votes to become our 45th President.

The Democratic Party and the nation NEED challengers, instead of putting all their “eggs in one basket”, gambling that Hillary Clinton will be able to overcome the old Clinton image of the 1990s, of cover ups, of deceptions, of victimization claims, of stalling tactics, of creating legal issues, that so soured many people about the Bill Clinton Presidency.

Yes, Hillary is brilliant, and qualified, and talented, and intelligent, but she is not the only man or woman who is such, but to put the future of the Democratic Party in her hands is a tremendous gamble, and the country needs a Democratic President more than they need Hillary Clinton herself!

Added to her stubbornness and secrecy about the emails is her stated refusal to return contributions to the Clinton Foundation from leaders and citizens of nations, many in the Middle East, who abuse women and deny them equal rights, a subject Hillary Clinton is well known for advocating since her time as First Lady, attending the conference in Beijing, China in 1995, and speaking up for equality and fairness for women around the globe. But now, suddenly, that issue is on the back burner, and the millions in contributions are more important, and that shows that, having become wealthy, and having tons of money in the foundation as well, that Hillary Clinton has lost her sense of values and principles, and just wants to be President, because she wants to be President, as Ted Kennedy wanted to be President in 1980, when he challenged President Jimmy Carter, but had no real agenda other than wanting to occupy the Oval Office!

Hillary Clinton is not entitled to be President, any more than any other candidate, but for the good future of the party and the American people, it is time for other Democrats to come out of the woodwork and declare their candidacies, and fight hard for the nomination, and save the American people from a horrific set of alternatives for President in the Republican Party.

At this point, Hillary Clinton could take down the Democratic Party and the nation, crashing in defeat, and as a result, leading to a GOP Supreme Court that would last for the next 30 years; and a repeal of much of the good programs of the Progressive Era, the New Deal, the Great Society, and beyond!

We could see the good work done in domestic affairs by Presidents of both parties, including Theodore Roosevelt, William Howard Taft, Woodrow Wilson, Franklin D. Roosevelt, Harry Truman, Dwight D. Eisenhower, John F. Kennedy, Lyndon B. Johnson, Richard Nixon, Gerald Ford, Jimmy Carter, George H. W. Bush, Bill Clinton, and Barack Obama, destroyed by a right wing Congress, a right wing President, and a right wing Supreme Court.

We could also see the “neoncons” being triumphant, and taking us into more foreign wars, particularly in the Middle East, and leading to the deaths and injuries of tens of thousands of American men and women, sent to fight by a burgeoning defense industry that would make record war profits!

And we might see the end of any sense of what is right and wrong about women’s rights, minority group rights, gay rights, labor rights, and environmental rights.

The nation’s future is more important than what happens to Hillary Clinton, as she has had a stellar career in so many ways, but that does not mean that she is automatically entitled to become our next Commander in Chief!

And if the next President is not a woman, so what? That will come in time, but should not be the crucial factor in selecting the next President of the United States!

So, Democratic Presidential “wannabes”, come out of the shadow, show courage, and announce for the Presidency, as time is afleeting!

If Hillary Clinton Flounders, What Then For The Democratic Party?

Behind the scenes, there is growing trepidation that Hillary Clinton might have damaged her candidacy over the private emails issue, and also, the foreign contributions to the Clinton Foundation.

So there are whispers about the issue: What then, for the Democratic Party, if Hillary Clinton flounders?

There are those who think it is time for Vice President Joe Biden to decide to enter the race.

There are those who think it is time for Massachusetts Senator Elizabeth Warren to stop stating she will not run, and to enter the race.

There are those who think that former Maryland Governor Martin O’Malley, who has been hinting he would run no matter what Hillary Clinton does, to do just that.

There are those who hope that the hints that Vermont Senator Bernie Sanders would run are going to lead to his actual candidacy.

There are those who think that former Virginia Senator Jim Webb will offer himself as the more conservative alternative within the Democratic Party, as he has hinted earlier.

But now there are other whisperings, including Colorado Governor John Hickenlooper, New York Governor Andrew Cuomo and or New York Senator Kirsten Gillibrand thinking of entering the race, with women particularly looking to Gillibrand as the younger version of Hillary Clinton.

And, believe it or not, there is a “blast from the past”, with three former Presidential seekers thought to be considering getting back into the competition for the Presidency: Jerry Brown, John Kerry, and Al Gore!

Imagine a candidate who last ran in 1992 against Bill Clinton, running against his wife 16 years later, and having first run for President in 1976 and 1980 against Jimmy Carter!

Imagine the Democratic Presidential nominee of 12 years ago choosing to leave the State Department and decide to run, possibly against the brother of the man, George W. Bush, that he lost to in 2004!

Imagine the Democratic Presidential nominee of 2000, who won the popular vote but lost the electoral vote in a Supreme Court decision, Bush V. Gore, that gave Bush the Presidency, now coming back nearly a generation, and possibly running against the man, Jeb Bush, whose state gave his brother George W. the Presidency.

Realize that only two Presidential nominees ran for and won the Presidency as long as 12 years after being on the national ballot–Henry Clay in 1844 after 1832, and Franklin D. Roosevelt losing as Vice Presidential nominee in 1920 and coming back to win the White House in 1932!

For history and political junkies, the possible scenarios are totally fascinating!

The Shame Of Alabama, The Republican Party And the Supreme Court On The 50th Anniversary Of The Selma To Montgomery March!

This weekend marks the 50th anniversary of the Selma to Montgomery March of 1965.

On this significant anniversary, three things are clear.

Alabama has NOT shed its image of bigotry!

The Republican Party, many of whose members supported the Voting Rights Act of 1965, is not sending anyone to commemorate this event. Late news reports indicate that former President George W. Bush and House Majority Leader Kevin McCarthy are to show up, but few other Republicans, and none other than McCarthy in the leadership of the GOP.

And the Supreme Court has contributed to the withering away of the Voting Rights Act by its 2013 decision permitting new voting rights restrictions!

Not only is racial discrimination still very obvious in Alabama and much of the South, but now Alabama is the center of a so called states rights struggle over gay marriage, with the state Supreme Court, headed by George Wallace like Chief Justice Roy Moore ordering that gay marriage be stopped, after a federal judge ordered it go forward, and with the Supreme Court poised to consider the case, which will be decided by June.

So prejudice, discrimination, and the false argument of states rights still reigns in the original home of the Confederate government!

And for the GOP to bypass major representation at this premier civil rights anniversary is to the shame of the party of Lincoln, TR, and Ike!

And for the Supreme Court and African American Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Associate Justice Samuel Alito, Associate Justice Anthony Kennedy, and Chief Justice John Roberts to promote a weakening of the Voting Rights Act two years ago, and see what it has wrought on voter suppression, is to the shame of the top Court of the land, which has not done its job to uphold the Constitution of the United States!

Presidents Who Were Fortunate To Become President Since 1900!

Today is Presidents Day. There is a tendency to look back on the Presidency’s history, and assume that those who made it to the White House were a certainty, when the opposite is, actually, often the case!

Since 1900, many of our Presidents gained that office by pure luck and timing.

Theodore Roosevelt would never have been President if Vice President Garret Hobart, under President William McKinley, had not died in office in 1899, and therefore, not on the ticket with McKinley in 1900.

Woodrow Wilson would never have been President if the Republican Party had not split in 1912 between President William Howard Taft and former President Theodore Roosevelt, and if there had not been a two thirds rule for the Democratic nominee in place, preventing Speaker of the House Champ Clark from being the Democratic nominee for President.

Richard Nixon would never have been President if the Democratic Party had not divided over Vietnam in the mid 1960s, and if George Wallace would not have run as a third party candidate in 1968.

Gerald Ford would never have been President if Vice Spiro Agnew had not been caught in corruption, forcing his resignation in 1973, and if there was no 25th Amendment, providing for a replacement Vice President by appointment of the President and approval by a majority of both houses of Congress.

Jimmy Carter would never have been President if the Watergate Scandal had not occurred, disillusioning many Americans about their national government, and finding a state governor as an appealing alternative, with his image as an “outsider” who would always tell the truth.

Bill Clinton would never have been President if the economy had not declined as it did in 1992, and if Ross Perot had not run on a third party line in that election, undermining George H. W. Bush.

George W. Bush would never have been President if the Supreme Court had not intervened, a revolutionary action, to stop the vote recount in Florida in 2000, with the reality that Al Gore had more than a half million popular vote lead nationally, and yet would lose the Presidency because of that action by the Supreme Court.

This list also does not include Calvin Coolidge, Harry Truman, and Lyndon B. Johnson, all of whom would never have been President if Warren G. Harding, Franklin D. Roosevelt, and John F. Kennedy had not died in office.

Philadelphia The Site Of The Democratic National Convention The Week of July 25, 2016!

So the Democratic National Committee has chosen Philadelphia, the “City of Brotherly Love”, the city of the Declaration of Independence and the Constitutional Convention, the city of Benjamin Franklin, to be the host for the Democratic National Convention, which will nominate the next Democratic nominee for President of the United States.

The convention will be held in the last week of July, the week after the Republican National Convention in Cleveland, Ohio.

So therefore, there will be little time for a “bump” in the polls for the GOP Presidential nominee, and an extra month for the official campaign, which will now start in August, rather than around Labor Day in September.

This author had predicted that Columbus, Ohio, would be the site, and concedes that this time, unlike Tampa and the Republicans in 2012, that he turned out to have predicted incorrectly. The reasoning was that Ohio was in play as a “swing” state, while Pennsylvania is not really such.

However, Philadelphia is a great choice, and the general term “City of Brotherly Love’ actually fits perfectly, as the Democrats are the party of equal rights for gays and lesbians, while the Republicans, with a very few exceptions of office holders, still defy and oppose such equality, including marriage, although it is clear that the Supreme Court is about to declare this June that gays and lesbians may marry everywhere in the United States!