Supreme Court

Supreme Court Membership Could Be Increased In Future By Democratic Party Senate Majority, Perfectly Legal

Progressives have developed the idea that in the future, when Democrats gain the majority of the US Senate, they may move toward increasing the membership of the Supreme Court, playing hardball as much as the Republicans have under Senate Majority Leader Mitch McConnell.

McConnell refused to allow hearings for Merrick Garland, Barack Obama’s Supreme Court nominee to replace the dead Antonin Scalia, saying it was an election year, and improper to allow an outgoing President to make an appointment.

This was preposterous, as John Adams named John Marshall Chief Justice in 1801, after losing reelection to Thomas Jefferson; Andrew Jackson chose Supreme Court Chief Justice Roger Taney in 1836, his last year in office; and Grover Cleveland, Benjamin Harrison and William Howard Taft chose Justices in their last year in office; and Herbert Hoover chose Benjamin Cardozo in 1932, his last year in office; and Dwight D. Eisenhower chose William Brennan in the year of his reelection campaign; and Ronald Reagan chose Anthony Kennedy in his last year in office in 1988.

We have had differing numbers of justices. up to ten, and there is no constitutional barring of adding more Justices, as Franklin D. Roosevelt wished to do in 1937.

What is good for the goose is good for the gander, as the saying goes, and this might be a way to wield power on the part of the Democrats to create a balanced Court, as otherwise, we will have the most extremist Court since the 1920s!

The Pressure To Be Brought On Senators Heidi Heitkamp, Joe Donnelly, Bob Casey Jr. And Joe Manchin On Supreme Court Nominee

With Donald Trump ready to announce his Supreme Court nominee on July 9, pressure is starting to be brought against four “Red State” Senators facing reelection, who might vote for Trump’s selection.

Three of them—Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana, and Joe Manchin of West Virginia—crossed the aisle and supported Trump’s nomination of Neil Gorsuch to the Supreme Court last year, and have visited the White House already, being lobbied by Trump.

They, and Pennsylvania Senator Bob Casey, Jr, strongly anti abortion, but not supporting Gorsuch last year, are the four Democrats most worried about, with at least the first three feared likely to cross the aisle again.

The problem is that the Democrats cannot afford to repudiate these three or all four Senators, if they hope to have any chance of regaining control of the US Senate in November.

So while wishing to be critical and denouncing them if they abandon the Democratic Senate caucus on this matter, they are still needed for the future.

The Crucial Role Of Two Republican Pro Choice Women Senators: Susan Collins And Lisa Murkowski

It is going to be a major pressure point brought against two women Republican Senators—Susan Collins of Maine and Lisa Murkowski of Alaska—that will likely decide if Donald Trump gains the confirmation of his Supreme Court nominee before the midterm elections.

Both women are pro choice, and wanted to keep ObamaCare, and are considered moderates of the Republican brand.

Both come from small populated states, mainly rural and poor, and needing ObamaCare, with no alternative offered by the Republican majority in Congress or Donald Trump.

Both have, however often voted with their party under pressure, even on support of Neil Gorsuch for the Supreme Court last year.

Both have often disappointed observers who wanted to believe they had courage and guts.

Both are broad based social moderates, but they have been unwilling to defy party leadership, led by Senate Majority Leader Mitch McConnell.

So the odds that they will do the right thing is a long shot.

Particularly in the case of Susan Collins, who disappointed many when she testified in favor of the confirmation of Attorney General Jeff Sessions, because they were Senate colleagues, and “friends”, as if that is justification for supporting the most bigoted, racist Attorney General in American history!

Supreme Court Battle Most Contentious Since Robert Bork And Clarence Thomas Nominations In 1987 and 1991

It is already clear, just two days after Supreme Court Justice Anthony Kennedy announced his retirement, that the battle to confirm a replacement will be the most contentious since Robert Bork was nominated by Ronald Reagan in 1987, and Clarence Thomas was nominated by George H. W. Bush in 1991.

Both times, the Democrats, however, controlled the Senate, and this time, they do not, which is a massive difference.

Bork was defeated in a roll call vote of 58-42, while Thomas was confirmed by a vote of 52-48.

The Democrats have limited ways to stop the confirmation of a replacement for Anthony Kennedy, as no longer can the filibuster tactic be used, and Senate Majority Leader Mitch McConnell is unwilling to give an inch to the Democrats.

The only hope for the Democrats is to convince Republican Senators Lisa Murkowski of Alaska and Susan Collins of Maine to back up their strong support of abortion rights, but both voted for Neil Gorsuch last year, as the first Supreme Court choice of Donald Trump.

But it is certain that the fireworks over this nomination, whoever it might be, will make the 2018 midterm elections even more a reason for all Americans to pay attention and to vote, as clearly, voting can change the course of history, and non voting has consequences!

What If Utah Senator Mike Lee Is Nominated For Supreme Court?

Early speculation on who Donald Trump might select to replace retiring Justice Anthony Kennedy on the Supreme Court centers on Utah Republican Senator Mike Lee, an original Tea Party member, having served in the Senate, and promoting libertarian ideas since 2011.

Not always a supporter of Trump, and not backing him in 2016 due to the Access Hollywood tape, Lee would still be a prime choice for Trump.

Lee is only 47 and could be expected to serve on the Court until 2050 and beyond.

He is a member of the Senate Judiciary Committee, which has to consider the Supreme Court nomination, and there are 11 Republicans to 10 Democrats on that committee.

To believe that any of his GOP colleagues on the committee, or even in the Senate, would vote against their party member, is hard to conceive.

And if all 50 Republicans stay united (minus John McCain, who is not likely to return to Washington DC anytime soon), at the worst, Vice President Mike Pence can vote if need be, but a 50-49 vote is a majority, and likely, a few Democrats, in red states facing election, would cross the aisle and vote for Lee, as they did for Neil Gorsuch a year ago.

Having a Senator on the Supreme Court is not unheard of, as it has happened 15 times in American history.

Most famously, there was Alabama Democratic Senator Hugo Black, who served on the Court for 34 years from 1937 to 1971, appointed by Franklin D. Roosevelt. And President Harry Truman appointed two Senators—Sherman Minton of Indiana, who served from 1949-1956; and Harold Burton of Ohio who served from 1945-1958.

Also, there have been 17 Congressmen who served on the Supreme Court, including Warren G. Harding appointee George Sutherland of Utah who served from 1922-1938; and Chief Justice Fred Vinson of Kentucky, who served from 1946-1953, appointed by President Truman.

Finally, 6 Governors have been appointed to the Supreme Court, the last and most famous being California Governor Earl Warren, appointed Chief Justice by President Dwight D. Eisenhower in 1953 and serving to 1969; along with significant appointments by President Abraham Lincoln of Ohio Governor Salmon P Chase to be Chief Justice, serving from 1864-1873; former New York Governor Charles Evans Hughes, first appointed to the Court by William Howard Taft from 1910 to 1916, and then returning to the Court as Chief Justice by appointment of President Herbert Hoover from 1930-1941; and Michigan Governor Frank Murphy, appointed by FDR and serving from 1940-1949.

The Tough Battle Ahead On Supreme Court Replacement For Justice Anthony Kennedy

The retirement of Supreme Court Justice Anthony Kennedy, a conservative but moderate on such issues as gay rights and gay marriage, abortion, affirmative action, flag burning, and the use of the death penalty, leaves the Senate in a tough battle for confirmation of whoever Donald Trump appoints as his replacement.

The fair thing to do would be to postpone the appointment and confirmation hearings until after the midterm elections of 2018, just as Senate Majority Leader Mitch McConnell prevented hearings and a vote on Barack Obama’s choice of Merrick Garland to replace Justice Antonin Scalia in 2016, a Presidential election year. But it is clear McConnell has no such intentions to treat this situation in the same manner as he did two years ago.

So the question is whether there is any possibility of stopping a Trump appointment, and it seems pretty gloomy and very little chance to intervene and delay or prevent a confirmation of a new Supreme Court Justice.

With only 49 votes, the Democrats need one or two Republicans to join them in opposition, and for all Democrats, including more moderate and conservative members of the caucus, to stay loyal, even in an election year where 10 Senators who are running for reelection are from Trump carried states.

The saddest part of all this is that now we will have FOUR Supreme Court Justices–two by George W. Bush and two by Donald Trump–selected by Presidents who massively lost the popular vote in the elections in 2000 and 2016 when the Electoral College went to them.

Six of the last seven Presidential elections have seen the popular vote won by Democrats, all but 2004 since 1992, but the power over the future of the Supreme Court has been lost for the long term, for the next 30 years, beyond the theoretical lifetime of this author and blogger, and of many people who are 40 or over right now!

The Muslim Ban Decision Of The Supreme Court (Trump V Hawaii) Will Go Down As One Of Worst Decisions In 229 Years Of Our National History!

The Supreme Court has just made one of the worst decisions in its 229 year history, and has besmirched its own reputation in the process.

It will match such decisions as the Dred Scott Case of 1857; Plessy V Ferguson 1896; and Korematsu V US 1944—all racist decisions justifying slavery, racial segregation, and the internment of Japanese Americans in internment camps during World War II.

All have been roundly condemned, as violations of basic human rights and civil liberties, and now, once again, the Supreme Court has proved how it has allowed itself to promote discrimination and racial prejudice, all in the name of “national security”.

Instead of labeling African Americans or Japanese Americans, now the whole Islamic religion has been judged as a threat to national security, based on the hysteria and racism of Donald Trump.

We have, therefore, allowed an authoritarian who threatens our whole system of government to win a case based purely on bias and religious hatred.

This is a slippery slope that can lead to victimization in the future of people from other nations and other religions.

Jews who were refused entrance in the late 1930s, and now people from Central America who want to escape similar violence and bloodshed and are being held in detention away from their children, are just further examples of how religious prejudice and racism are winning out.

The John Roberts Court has undermined its own reputation in the process, and will be condemned in history.

And the fact that Merrick Garland, appointed by President Obama, was denied a hearing for the Supreme Court vacancy in 2016, led to Neil Gorsuch, who predictably now and in the future will advocate an extreme right wing agenda, harming our constitutional liberties for the next thirty years.

The fact that three members of the Court would not be there if the popular vote had won out in 2000 and 2016 just adds to the tragedy, as George W. Bush would not have been able to appoint John Roberts and Samuel Alito, and Donald Trump would not have been able to appoint Neil Gorsuch.

Sonia Sotomayor registered her vehement dissent, along with Ruth Bader Ginsburg, and the opposition of Stephen Breyer and Elena Kagan. But it was all for naught!

America’s reputation has been permanently damaged, and we are no safer against those Muslims who are extremists, who are now emboldened to do harm more than ever, and at the same time, those Muslims in America who have served in our armed forces honorably, and those who have done good work in other fields, have been slapped in the face.

Our most ugly side as a nation has been displayed for all to see, and anyone who believes in justice and fair play is weeping today, and will for the long term of our history as a nation, as tolerance and open mindedness have been denied!

Donald Trump And The Law: No Courts Or Judges, Ending Checks And Balances, Separation Of Powers, And The Constitution

Donald Trump is rapidly moving further “out of the loop”, now calling for no courts or judges to deal with children and parents at the US-Mexican border of the United States.

What he is calling for is the end of checks and balances, separation of powers, and the Constitution itself, which has lasted for nearly 230 years of our history.

If this is allowed to occur, then the rule of law is gone, and we are ever closer to an authoritarian, Fascist dictatorship, and this cannot be allowed to occur!

There will be marches and demonstrations in Washington, DC and all over the country this coming Saturday, June 30, against the Trump policy of separating parents and children coming to the border, trying to escape from bloodshed and violence in Central America, and the shipping of children as young as infants far away from their parents, and without adequate monitoring of how to bring children and parents together in the future.

Also, it is against the law for parents and children to be kept in detention, effectively in prisons, for more than 20 days, with that deadline coming on Tuesday, July 10.

A confrontation is coming if the Trump Administration refuses to follow court rulings on this matter in the next 15 days, and it is time for the Supreme Court to intervene, even if their session ends this week, to deal with this dangerous assertion of absolute authority over the law and courts by an out of control executive branch!

25 Years Of “RBG”, Ruth Bader Ginsburg In August, 85 Years Old And No Intention Of Retiring Before 2021 At Earliest!

Supreme Court Associate Justice Ruth Bader Ginsburg, bless her heart, is finishing 25 years on the Court, and 38 years in total in the federal court system, having been appointed by President Jimmy Carter in 1980 to the US Court of Appeals for the DC Circuit, and then elevated to the Supreme Court by President Bill Clinton in 1993.

She has become a “rock star”, often called “the notorious RBG” in recent years, after the publication of a biography by a scholar in 2015.

She has survived bouts with colon cancer in 1999 and pancreatic cancer in 2009. and the death of her husband in 2010, days after their 56th wedding anniversary.

Through it all, she has stood up for the rights of minorities, women, gays and lesbians, the disabled, workers, consumers, environmentalists, and all other causes that fight against the enemies of civil rights, civil liberties, and social justice.

At age 85, she has had a stent put in her right coronary artery, and she has had a strict regimen of exercise for many years.

The question is whether Ginsburg can hang on and stay in office until 2021, when she would be 88 years old, and hopefully, a Democratic President could replace her after 28 years on the Court.

Ginsburg herself has said she plans to stay to the age of 90, the age that former Justice John Paul Stevens, now 98 and thriving, was when he left the Court in 2010.

Fifty Years Since Robert F. Kennedy’s Assassination: What Could Have Been

Impossible to believe, but it has been a half century since Robert F. Kennedy was assassinated at the Ambassador Hotel in Los Angeles, right after winning the California primary in the 1968 Democratic Presidential race.

The course of history changed dramatically with that horrendous event.

It led to the Presidency of Richard Nixon.

It led to the rise of the Right in American politics, begun under Nixon, greatly expanding under Ronald Reagan, and reaching its most destructive stage under Donald Trump.

It seems highly likely that Robert F. Kennedy would have been elected President, and would have transformed the future of America in a very different direction than it took at the time.

The war in Vietnam would have ended sooner, and saved many lives on both sides of the war.

The Supreme Court would have been dramatically different if RFK had had four appointments, instead of Richard Nixon.

The reforms of his brother, John F. Kennedy, and his successor, Lyndon B. Johnson, would have continued, and led to a more equitable, fair minded government.

Instead of taking steps backward, civil rights and civil liberties would have been greatly enhanced.

No one is saying that Robert F. Kennedy would have been a perfect President, and he had his own demons, including his association with Senator Joseph McCarthy in the 1950s, and his often secretive and narrow minded views and personality shortcomings that every human being has.

But it can be believed that Robert F. Kennedy would have made America a greater nation than it turned out to be in the past half century!

This is the time for my readers and supporters to read Chapter 10 of my book, ASSASSINATIONS, THREATS, AND THE AMERICAN PRESIDENCY: FROM ANDREW JACKSON TO BARACK OBAMA (Rowman Littlefield Publishers, 2015, Paperback 2017), available from the publisher, and from Amazon, Barnes and Noble, and Books A Million.