Supreme Court

Supreme Court Once Again Stands Up To Presidential Assertion Of Executive Privilege, And Limits It!

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The Supreme Court of the United States for the third time in 48 years has stood up to a President who asserted “Executive Privilege”, and was smacked down by a court including members appointed by the President who was involved in the Court case.

First, we had US V Nixon in July 1974, having to do with Richard Nixon and the Watergate tapes, which the Court unanimously, 8-0, ordered them handed over to the Watergate Special Prosecutor and the House Judiciary Committee. This led within weeks to the resignation of Richard Nixon. Associate Justice William Rehnquist recused himself from the case, appropriately, as he had worked earlier in the Nixon Justice Department, but the other three Nixon appointees, Chief Justice Warren Burger, and Associate Justices Harry Blackmun and Lewis Powell, joined the unanimous decision.

Next, we had Clinton V Jones, 1997, which involved the issue of whether Bill Clinton could be required to testify in a civil trial while in office, a case brought by Paula Jones against Governor Clinton for sexual harrassment. The Court unanimously, 9-0, including his two appointees, Ruth Bader Ginsburg and Stephen Breyer, ruled that he had to give testimony, and this helped to lead to his impeachment in 1998. So there was no immunity from civil law litigation for acts done before taking office, and unrelated to the office.

And now, we have Trump V Thompson, a lawsuit brought by Donald Trump against the January 6 House Committee investigation of the January 6, 2021 Insurrection, in the name of Chairman Bennie Thompson. So documents to show the series of events leading to the Insurrection are now to be made available to the House committee, as it investigates the wrong doing of the 45th President. This is a major victory, and all three Trump Supreme Court nominees—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—voted with the majority 8-1, with only Clarence Thomas in oppostion.

This is a conflict of interest by Thomas, who should have recused himself, as William Rehnquist did in the Nixon case. Since Thomas’s wife was involved in the planning of the January 6 Insurrection, encouraging lawlessness, this should be grounds for removal of Clarence Thomas from the Supreme Court, highly unlikely, but would be appropriate!

Essential To Pass Voting Rights Legislation, Which Republicans In Senate Supported Unanimously In 2006!

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Voting Rights legislation is essential if America is to remain a democracy.

The 15th, 19th, 23rd, 24, and 26th Amendments guarantee voting rights, as did the Voting Rights Act of 1965, passed as part of the Great Society of Lyndon B. Johnson.

The Supreme Court in 2013 weakened the Voting Rights Act in Shelby County V Holder, and have caused the deterioration of voting rights, now accelerated by many states in the South and Midwest and Mountain West creating all kinds of restrictions, designed to prevent minority groups, the elderly, college students, and the disabled from ability to vote.

This MUST be reversed by dropping the filibuster and allowing “reconciliation” to be used to insure voting rights are restored to what they were.

The shocking thing about this whole matter is that the Republican party unanimously supported renewal of the Voting Rights Act in 2006 under the Presidency of Republican George W. Bush! The vote was 98-0, so therefore, there is no excuse for Republican opposition other than they have allowed their party to be hijacked by Donald Trump and his supporters.

But it is still hard to believe that at least some Republican senators–such as Lisa Murkowski of Alaska, Susan Collins of Maine, Mitt Romney of Utah, Ben Sasse of Nebraska, and others who voted to convict Donald Trump, and also those Republican Senators retiring in 2022, should by their consience, if they have one, support the voting rights legislation promoted now–the John Lewis Voting Rights Advancement Act, and the Freedom To Vote Act.

Nineteen states have passed 34 restrictive laws, which would be negated by passage of the above two proposed laws. Meanwhile, 25 states have passed 62 expansive laws, and the right to vote should be the same in every state, so action to overcome restrictions is essential!

The Ten Leading Heroes Of The Year 2021 In American Politics!

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When one looks back at the year 2021, the following ten individuals, a very selective list and certainly not inclusive, stand out as heroes, people who upheld American democracy, the Constitution, and the rule of law.

We will begin with Republicans who demonstrated their statesmanship and courage:

Congresswoman Liz Cheney of Wyoming
Congressman Adam Kinzinger of Illinois
Senator Lisa Murkowski of Alaska

The following Democrats also stand out for their statesmanship and courage:

Speaker of the House of Representatives Nancy Pelosi of California
Congressman Adam Schiff of California
Congressman Jamie Raskin of Maryland
Supreme Court Associate Justice Sonia Sotomayor
Senate Majority Leader Chuck Schumer of New York
Senator Elizabeth Warren of Massachusetts
Senator Amy Klobuchar of Minnesota

US V Nixon; Clinton V Jones; And Now Trump Lawsuit Against January 6 Committee Appeal To Supreme Court!

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The Supreme Court has come out with two decisions in the past half century that made it clear of the limits of Presidential power!

In 1974, in US V Nixon, the Supreme Court, including three appointees of President Richard Nixon, unanimously by an 8-0 vote, declared that Nixon had to hand over the Watergate tapes to the Special Prosecutor, leading to the resignation of Nixon from the Presidency within weeks!

In 1997, in Clinton V Jones, the Supreme Court, including two appointees of President Bill Clinton, unanimously by a 9-0 vote, declared that a President had no immunity from civil law litigation in federal court for acts done before taking office. This case involved the sexual harrassment charge brought by Paula Jones against Governor Bill Clinton

Clinton’s evasiveness in testifying in court about Paula Jones led to the Monica Lewinsky scandal, and charges of perjury and obstruction of justice, and his impeachment by the House of Representatives in 1998, although found not guilty by the Senate in the impeachment trial in 1999.

Now, Donald Trump wants “executive privilege” to be in effect to prevent evidence in White House records of what he was doing on January 6, 2021 involving the Capitol Hill Insurrection, to be presented to the January 6 House Committee, investigating the events of that day. President Joe Biden has authorized waiver of such privileges, since Trump is a former President.

Despite having three Trump appointments to the Supreme Court, the strong likelihood is that the Court will, unanimously, reject such arguments, as earlier Courts did involving Richard Nixon and Bill Clinton.

If such does not happen, which seems like a long shot, then the Court will have besmirched its reputation for the long term, and the reputation of Chief Justice John Roberts will be damaged forever.

And that will promote the likelihood of attempts to add four new members to a Court which will be the most condemned and pilloried since the time of Chief Justice Roger Taney during the Civil War!

The Supreme Court Majority Is Becoming Very Outspoken, Controversial In Actions And Statements!

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The Supreme Court of the United States is supposed to be a nonpolitical body, that balances the law and the Constitution.

Of course, there are, and always have been, so called “liberals” and “conservatives” on the Court throughout its history, but the present Supreme Court with six conservatives and three liberals is badly unbalanced, and it is clear that the Court is the most extreme one sided to the conservative side that it has been since the 1930s, nearly a century ago!

There are three appointments to the Court by Donald Trump (Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett); two appointments by George W. Bush (John Roberts, Samuel Alito); and one appointment by George H. W. Bush (Clarence Thomas).

There are already ethical and moral problems with Brett Kavanaugh and Clarence Thomas, regarding their behavior and treatment of women in their past; and Amy Coney Barrett was rushed through to confirmation more rapidly than normal after the sudden death of Ruth Bader Ginsburg, so that Donald Trump had one more appointment close to the Presidential election, which should have been left to the winner of the election, which turned out to be Joe Biden.

Also, a majority of the Court was chosen by Presidents who lost the popular vote in 2000 and 2016, although the two Bush II appointees actually came in the second term when Bush II did win the popular vote.

And now, since the horrendous decision to allow the Texas antiabortion law to go into effect without a full hearing, taking away a constitutional right of women to control their own bodies, in effect since Roe V. Wade in 1973, the criticism of the Court’s action has led to Thomas, Barrett, and now Alito to issue political criticisms which are not appropriate for Supreme Court Justices. They should NOT be making public statements, no matter what they are thinking, but they clearly are on the defensive and have politicized the Court by their utterances, as well as their actions.

It is not surprising, therefore, that the reputation and public opinion rating of the Supreme Court has declined radically in the last few years, and particularly in the present year of 2021!

The Supreme Court is moving far to the Right as the nation is clearly moving to the Left, in a nation in which the white majority is rapidly declining, and will be the minority (under 50 percent) by 2045 at the latest.

So a constitutional crisis is at hand, and there is the danger of a future 7-2 conservative Court, with Stephen Breyer refusing to consider retiring at age 83, claiming he does not plan to die on the Court. This is a preposterous statement, and could end up denying Joe Biden any Supreme Court selection if a Democratic Senator dies or is incapacitated, or if the Senate goes Republican in the midterm Congressional Elections of 2022!

Twenty Years Since September 11, And The Terrorists Won! We Have A Divided America Worse Than The 1960s!

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It has now been a full generation since September 11, 2001!

Sadly, the terrorists won!

We have a more divided America now than we had in the 1960s!

There is no sense of unity, and one of the two political parties, the Republican Party, is a shell of itself, totally contradicting the heritage of the party, and now a full blown Fascist Party, which has no concern about public health, public safety, or common decency!

It is nearly impossible to accomplish any great goals, as occurred with the “Great Society” in the 1960s, as the Republicans are nihilists, libertarians, who do not care at all about anyone other than themselves. Their wealthy benefactors only care about keeping taxes low, not dealing with the many social and economic problems of a society which is becoming more inequitable every year.

The Supreme Court is the most extreme it has been since the 1920s, and is losing public respect, and there is no sense of humanity, empathy, compassion in the public sphere by close to half of the Congress, only out to promote cruelty and suffering of the masses of Americans.

So the terrorists won. and only the corporations and wealthy have benefited, and this portends future conflict that could escalate the terrible divisions now so evident in America!

The Supreme Court Reputation Has Been Seriously Tarnished, No Longer Seen As Representing Moderation!

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The John Roberts Supreme Court reputation has been seriously tarnished, no longer seen as representing moderation!

By deciding to go along with an extremist Texas abortion law, in a one paragraph middle of the night statement, which includes no exceptions for rape or incest, and allowing private citizens to sue anyone engaged in promoting abortion, the Court has done one of the worst ever actions, which will be compared to such other issues as Dred Scott V Sandford (1857) and Plessy V Ferguson (1896), and a small group of other reprehensible decisions!

Chief Justice Roberts himself recognized how terrible this 5-4 decision was, so despite earlier personal expressions of being anti abortion, he joined the three liberals on the Court in opposition.

Roberts knows his own historical reputation has been permanently damaged, as the Court has become dangerously radical right wing extremist, with the three reprehensible appointments by Donald Trump showing their true colors!

The fact that the appointment of Amy Coney Barrett switched the Court balance from what it was under the late Ruth Bader Ginsburg right before the Presidential Election of 2020 is reprehensible!

But also, the fact that Brett Kavanaugh was the second Court Justice to face accusations of inappropriate sexual conduct, along with Clarence Thomas three decades ago, and now they decided the private lives of women, is totally infuriating!

And the fact that Neil Gorsuch gained an appointment after a full year of no replacement of Antonin Scalia, and that Merrick Garland was denied even a hearing as his replacement, makes all three of Donald Trump’s Court appointments questionable and wanting!

It is further proof that the Supreme Court has lost whatever aura it had, as a fair, reasonable body!

To reverse a decision of nearly 50 years, when the tradition of the Court is to uphold legal precedent normally, and that it has such a dramatic effect on more than half the population, is beyond the pale!

If Hillary Clinton had won the Presidential Election of 2016, which this author and blogger and tens of millions of Americans think is the truth, the Supreme Court today would not be in the crisis atmosphere it is in!

It requires an attempt to add members to the Court, because otherwise, the Court is on a tear to the promotion of Fascism clear and simple, and that cannot be allowed to move forward toward ultimate destruction of the Constitution and rule of law!

The idea that two Presidents, George W. Bush and Donald Trump,who lost the popular vote, could add two and three members to the Court respectively, which otherwise would have been appointees of Al Gore and Hillary Clinton, is simply outrageous and unacceptable for the long haul!

It will permanently destroy the reputation of a very evil man, Senate Minority Leader Mitch McConnell, who brought about this travesty!

When one thinks back to the mid and late 1970s, we actually had a 7-2 Republican Court by party affiliation, but it included moderate Republicans, which included statesmen, including William Brennan, Harry Blackmun, John Paul Stevens, and Chief Justice Warren Burger!

So action must be taken to expand the Court, as we are in a constitutional crisis that will only get worse if no action is taken!

56th Anniversary Of Voting Rights Act, Now A Major Crisis Of American Democracy!

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On this day in 1965, President Lyndon B. Johnson signed the Voting Rights Act of 1965, supported by Democrats, but also a substantial number of Republicans, who understood that voting rights were the central human right in a nation that was a democracy.

It was a reaction against the denial in the former Confederates states of the South to enforce the 15th Amendment of 1870, which gave men of color the right to vote after the Civil War.

Now, America is again in a crisis, as the Supreme Court cut back enforcement of the Voting Rights Act in 2013, in Shelby County V. Holder, and many Republican states are now claiming voter fraud in 2020, when it did not exist, and are passing all kinds of restrictions to prevent minority voters, young voters, and poor people from their constitutional right to vote.

Texas, Georgia, Florida and Arizona, and their crooked, corrupt governors and state legislatures are trying to fix the results of future elections, by making it impossible or extremely difficult for people to vote, and Texas has seen the Democrats in the state legislature for the past month and more, leaving the state and coming to Washington, DC to promote a restoration of the Voting Rights Act.

These Texas Democrats face arrest and possible imprisonment, which should not be permitted, and instead, Texas Governor Greg Abbott and the right wingers in his state and others, should face prosecution for what they are attempting to perpetrate.

H R 1–For the People Act, and H R 4–John Lewis Voting Rights Act, need to be passed into law now!

The Supreme Court Is Undermining American Democracy And Basic Human Rights!

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America is in a tragic situation, of a nation clearly more progressive than the Supreme Court, which has now been stacked with 6 solid conservatives out to take away voting rights, abortion rights, and protect corporations at the expense of workers.

At times, some of the 6 Republican appointees surprise, but clearly, the rights of people of color, women, labor, environmental causes, and basic civil liberties are under constant threat.

And the thought that five of the 6 Republican appointments to the Supreme Court were made by Presidents (George W. Bush, Donald Trump) who did NOT win the popular vote, but rather in contested elections, were awarded the Electoral College majority in 2000 and 2016!

We are in a crisis situation, where the Court is undermining American democracy and basic human rights!

Supreme Court Justice Stephen Breyer Should Retire, For Secure Survival Of Liberal Wing Of Court

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It was very disappointing news that Supreme Court Justice Stephen Breyer has announced he has no plans to retire, as he reaches age 83 on August 15.

Breyer has served long and well on the Supreme Court since being appointed by Bill Clinton in 1994.

Already he is one of the longest serving Justices in American history, 25th longest of a total of 115 Justices who have served.

His arguments for remaining on the Court are that he likes being the Senior Justice of the liberal wing, and that his health will determine how long he stays.

But he fails to recognize that health can change rapidly, and when one is in his or her 80s, he or she needs to consider the impact of a sudden death, as with Ruth Bader Ginsburg’s sudden passing, which led to a rapid appointment of a Justice (Amy Coney Barrett) who was rammed through in record time, instead of leaving the appointment to the winner of the Presidential Election of 2020.

With a Court now more conservative and right wing than it has been since the 1930s, it is alarming to think that Breyer is gambling the effect on the liberal wing of the Court by refusing to retire.

Joe Biden should be given the opportunity to replace him, but if even one Democratic Senator dies before 2023, then the Republicans will take control of the US Senate, and prevent any Biden nominee.

And if the Republicans win the Senate in 2022, then Joe Biden will be denied any appointment, even if a vacancy, as Mitch McConnell denied Barack Obama the opportunity to replace Antonin Scalia with Merrick Garland in 2016!