Thurgood Marshall

The Dangers Of The Supreme Court Run Amuck In Favor Of Wealthy And Corporations!

Ronald 3 Comments

The Supreme Court is totally out of control, with its new decision on having no limits on campaign spending by wealthy donors, added on to the Citizens United Case of 2010, and the limitation of voting rights in a 2013 decision.

Chief Justice John Roberts has solidified a five member GOP majority to destroy all attempts to prevent corporate and wealthy people from controlling the political system, an effort pursued from the time of Theodore Roosevelt a century ago through Senator John McCain and Senator Russ Feingold in the 1990s and early 2000s.

That is all for naught now, and shows the dangers of a runaway, reckless, right wing radical Court!

This is what made Thomas Jefferson, Andrew Jackson, Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, and Barack Obama criticize Court power, along with progressive reformers including Senator Robert La Follette of Wisconsin, Senator George Norris of Nebraska, Senator Russ Feingold of Wisconsin, Senator Paul Wellstone of Minnesota, and Senator Bernie Sanders of Vermont!

This is the result of 13 Supreme Court nominees since 1960 by Republican Presidents, to only 8 by Democrats, and with two of those Democratic appointments (Arthur Goldberg by John F. Kennedy and Abe Fortas by Lyndon B. Johnson), only lasting three and four years respectively.

Of course, Republican appointments of 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, turned out to be major surprises in their rulings, but we also ended up with some of the most reactionary and right wing radical appointments in all of American history with the appointments of William Rehnquist by Richard Nixon and the elevation of Rehnquist to Chief Justice by Ronald Reagan; Lewis Powell by Richard Nixon; Antonin Scalia by Ronald Reagan; Clarence Thomas by George H. W. Bush; and Samuel Alito by George W. Bush. The appointments of Chief Justice Warren Burger by Richard Nixon; Anthony Kennedy by Ronald Reagan; and Chief Justice John Roberts by George W. Bush, have been more of a mixed bag, sometimes good, and sometimes horrible in its effect on constitutional law!

Meanwhile, John F. Kennedy selected a mostly conservative Justice Byron White; Lyndon B Johnson selected Thurgood Marshall; Bill Clinton selected Ruth Bader Ginsburg and Stephen Breyer; and Barack Obama selected Sonia Sotomayor and Elena Kagan, but sadly, their influence in the last four of the five names listed, has been mostly in being the opposition, sometimes vehement in nature!

The effect on the future of American democracy is massive, with this right wing Court majority, and the only hope is the eventual retirement of Scalia and Kennedy, and hopefully, continuation of a Democratic Senate and President for the rest of the decade, so that the Court changes direction in the future!

Two Supreme Court Justices Prove To Be Disasters And Embarrassments: Clarence Thomas And Samuel Alito!

Ronald 4 Comments

It is now clear that the second Supreme Court nominee choices of George H. W. Bush and his son, George W. Bush, have turned out to be disasters and embarrassments to the Court they serve on!

Clarence Thomas was appointed by the elder Bush, and went through a tumultuous Supreme Court nomination battle, centered on sexual harassment charges by Anita Hill, and his confirmation was the closest vote of a successful nominee in decades!

He has proceeded to be an embarrassment, showing bitterness and the desire for revenge, and sullying the memory of the first African American Justice, Thurgood Marshall, who he replaced on the Court in 1991.

And a beneficiary of affirmative action, he has now, just today, compared affirmative action to slavery and segregation, an absolutely crazy comparison!

This man is inappropriate in his behavior in so many ways, including NEVER asking a question during oral arguments, the only Justice in memory to have that unfortunate distinction!

And then there is Samuel Alito, the appointment of George W. Bush in 2005, who mouthed open opposition to Barack Obama’s criticism of the Citizens United Case in his State of the Union Address in 2010, embarrassing himself and the Court!

And Alito, today, mocked fellow Justice Ruth Bader Ginsberg with gestures, including rolling his eyes, shaking his head, and looking at the ceiling. And Alito apparently has a problem with the other women Justices, Sonia Sotomayor and Elena Kagan, showing disrespect for them in open Court. As Dana Milbank of the Washington Post said today, Alito displays “Middle School antics”.

And imagine, Alito could have been the Chief Justice if John Roberts had already begun testimony to replace Sandra Day O’Connor, but before he could, Chief Justice William Rehnquist died, and President Bush decided to switch Roberts to the Chief Justice position, and so Alito replaced O’Connor as an Associate Justice on the Court! Imagine Chief Justice Alito, the sour puss and nasty personality!

So the Bushes made major mistakes in selection of Thomas and Alito, and the Court is stuck with them for many years, beyond the retirement of another conservative, Antonin Scalia, who is more intelligent, and more charming, even if often obnoxious as well!

Two Important Supreme Court Anniversaries On June 13: Miranda Decision And Nomination Of Thurgood Marshall

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On this day, 47 years ago, the Supreme Court made one of its most important decisions in modern times, in the case Miranda V. Arizona, declaring that anyone stopped and questioned as a suspect by police officers must be read his basic rights before any questions are asked. While law enforcement was furious about this at the time, it has become one of the most important expansions of civil liberties in modern times, although one wonders if the Roberts Court would favor it, if a case came up to reverse it, as the Warren Court was a special, unique period in Supreme Court history.

Also, a year later on this day, President Lyndon B. Johnson nominated the first African American Supreme Court Justice, Solicitor General Thurgood Marshall, who went on to a distinguished 24 year career on the Supreme Court as one of its leading liberals. Sadly, he was replaced by Clarence Thomas, who is the direct opposite of everything Marshall believed in, with the only common theme being that Thomas is the only other African American ever to serve on the Supreme Court.

These two events transformed the Court in major ways, and this is an occasion to celebrate both events, as we await major decisions facing the Court in the next two weeks!

Lyndon B. Johnson Forty Years After His Death: Mixed Legacy

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Forty years ago today, President Lyndon B. Johnson died at the age of 64, two days after the second inauguration of President Richard Nixon, an event he did not attend due to poor health.

Johnson had only been out of the Presidency for four years and two days, and one has to wonder had he run in 1968 and won, whether he would have died in office from the stresses and burdens of the job, and particularly the ongoing war in Vietnam.

Vietnam will always be the ultimate “Achilles Heel” of the Johnson Presidency, with the President hating foreign policy and just wishing for the Vietnam mess to go away, but his fateful decision to commit a half million troops to the war doomed the unity he had experienced in his landslide victory in 1964 over Senator Barry Goldwater, the greatest popular vote victory percentage in American history!

Johnson did so much good in expanding the vision of the New Deal of FDR, the Fair Deal of Harry Truman, and the New Frontier of JFK, and accomplished everything they pursued, and failed to accomplish in their Presidencies. And just yesterday, President Barack Obama evoked the image of the Great Society, and the goals that he outlined to expand that Great Society a half century later, after a long time in the political “wilderness”.

Without Johnson as President, we would not have had the following, in many cases, EVER up to now:

Medicare
Medicaid
Immigration Reform
Federal Aid to Education
Civil Rights Act
Voting Rights Act
War on Poverty—Office of Economic Opportunity, Job Corps, Project Head Start, Model Cities, and other programs
Environmental Legislation
Consumer Legislation
National Public Radio
Public Broadcasting System
National Endowment For The Arts
National Endowment For The Humanities
Gemini and Apollo Space Programs
Cabinet Agencies–Department of Housing and Urban Development and Department of Transportation
First African American appointments to the Cabinet–Robert Weaver–and the Supreme Court–Thurgood Marshall

Can anyone imagine NOT having most, if not all, of these programs and agencies?

Some might have been accomplished over time under other Presidents, but it is hard to conceive that much of it would have occurred with the rise over time of the conservative movement to power under Ronald Reagan, and Reagan’s impact on the next thirty years of American government until now.

As always is true of any President, Lyndon B. Johnson will remain highly controversial, but it is worth remembering his positive legacy on this, the 40th anniversary of his death, while not overlooking the damaging effect of his foreign policy actions, particularly in Vietnam.

40 Years Of Roe V Wade: Abortion Controversy Remains Red Hot!

Ronald 6 Comments

Forty years ago today, the Supreme Court in a 7-2 decision, declared the right of women to an abortion, with three Richard Nixon appointments to the Court–author of the decision Harry Blackmun, and Chief Justice Warren Burger and Associate Justice Lewis Powell—joining two Eisenhower appointees—Potter Stewart and William Brennan—one Johnson appointee, Thurgood Marshall—and one Roosevelt appointee, William O. Douglas—in the majority.

Only Associate Justice Byron White, appointed by Kennedy; and William Rehnquist, appointed by Nixon, were in the minority.

Forty years later, the pro life and pro choice movements are still locked in constant combat, but with public opinion polls showing 54 percent want abortion rights retained all of the time or most of the time, with 44 percent against. And 70 percent in a poll do not want to see Roe V Wade overturned.

But meanwhile, Republican state legislatures in the past two years have passed a total of over 130 laws restricting the rights of abortion, and curbing the number of abortion providers.

Four states have made it almost impossible for women to obtain an abortion—Mississippi, Arkansas, North Dakota, and South Dakota.

So the federal allowance for abortion may exist, but in the South and Great Plains areas of the nation, it is becoming nearly impossible for abortions to be obtained, no matter whether it is because of rape, incest, life of the mother, or just any other reason, whether seemingly justifiable or not.

Abortion is an emotional issue, and one that most people would say needs to remain legal and safe but also RARE, and should not be used as a method of birth control, or because of reckless personal behavior. It is not an issue that will disappear anytime soon, but for now, the odds of reversing Roe V. Wade on the national level are remote, as Barack Obama will not appoint a Supreme Court Justice who gives any hint of wishing to overturn what many call the most controversial decision of the latter half of the 20th century.

Roe V. Wade Almost 40 Years Later Still Debated, But Five Of Seven Justices In Majority Were Appointed By Republican Presidents Eisenhower And Nixon!

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In the midst of the heated debate about abortion rights, rape, Todd Akin, Mitt Romney, and the Republican Party platform which bans ALL abortions, whether rape, incest, or life of the mother, something very significant has been ignored!

The Roe V. Wade case of January 22, 1973 was decided by a 7-2 vote, with FIVE of the seven Justices in the majority being appointed by Republican Presidents Dwight D. Eisenhower and Richard Nixon!

That was an era when Republicans could be in the mainstream, supporting voting rights legislation by vast majorities in Congress, but now 40-50 years later, leading the charge to do everything possible to repeal the legislation, or deny many categories of voters their basic human right to vote.

That was, also, a time of mainstream Republican Justices supporting a woman’s right to privacy with her own body, exactly the opposite of what is happening 40 years later in the Republican Party!

The Republican appointments who supported Roe V. Wade in 1973 were:

William Brennan, appointed by Eisehower
Potter Stewart, appointed by Eisenhower
Chief Justice Warren Burger, appointed by Nixon
Harry Blackmun, author of the decision, appointed by Nixon
Lewis Powell, appointed by Nixon

Two Democratic appointments, William O. Douglas (appointed by Franklin D. Roosevelt), and Thurgood Marshall (appointed by Lyndon B. Johnson), joined the five Republicans, with only one Democratic appointment (Byron White, appointed by John F. Kennedy), and one Republican, (William Rehnquist, appointed by Nixon) being in the minority.

How far the Republican Party has wandered from the mainstream of American politics over the past 40-50 years, and the only answer is a sound defeat of the right wing, and bringing the GOP back to the mainstream, or else they will become part of the dustbin of history, being replaced by a centrist party that resembles the proud history of the earlier Republican Party, which understood that an alliance with religion is poisonous to tolerance and the mainstream of American politics!

58th Anniversary Of Brown V. Board Of Education Case: Most Powerful Decision Of Supreme Court In 20th Century!

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Today marks the 58th anniversary of the unanimous Supreme Court decision, Brown V. Board Of Education, mandating the end of public school segregation of the races.

No decision of the Supreme Court in the 20th century has had the impact and longevity that the Brown case brought the nation.

This nation is vastly different as a result of this case, which was brought about by the leadership of Chief Justice Earl Warren, and the courageous battle in the courts by future Associate Justice Thurgood Marshall, who argued the case for seven year old Linda Brown of Topeka, Kansas.

Many African Americans have benefited from the decision, and a growing middle class has emerged, but even now there are many black children who are denied equal access and facilities, and attempts in many states to resegregate public schools has become a growing problem.

So the battle for civil rights continues, a never ending struggle, since there are always evil forces who wish to set back progress, and deny access to equal educational opportunities in the states and counties of the nation.

The Republican Attack On The Constitution: A Threat To American Democracy!

Ronald 5 Comments

The Republican Party loves to assert that the Democrats, and progressives in particular, are attacking the Constitution, and that they are the experts on the Constitution.

So therefore, in this Presidential primary season, and in the party membership in Congress, there are statements constantly attacking the court system, anytime that a federal judge or court issues a decision against the conservative view of the Constitution. There are condemnations and calls to change the court system on a regular basis.

One would think that the Democrats and their progressive friends have dominated the courts in recent decades, which, of course, is the exact opposite of the truth!

One forgets that from 1969-2011, there have been only 15 years of Democratic control of the Presidency, as compared to 28 years of Republican control.

The vast majority of federal judges have been Republican appointments, as a result, and Republican Presidents have made a total of 13 Supreme Court appointments over those years, and Democrats have made only 4, two by Bill Clinton and two by Barack Obama!

But now,. Newt Gingrich calls for judges to be required to testify before partisan Congressional committees, a violation of the separation of powers, and a danger to an independent judiciary!

What it comes down to is that Newt Gingrich and all of the Republican opponents, with maybe the exception of Mitt Romney and Jon Huntsman, wish to create a court system that would move away from the path breaking changes that the Supreme Court brought about during the years of the Warren Court, Burger Court, and Rehnquist Court including:

Brown V. Board Of Education
Miranda V Arizona
Roe V Wade
University Of California V. Bakke
Lawrence V Texas

As it is, there are threats presented by the Republican growth of dominance on the federal courts to all of these issues–racial integration, rights of criminal suspects, abortion rights, affirmative action, and gay rights.

The Republicans will not be contented until there are reversals on all of these issues, and a return to the “good old days”, when minorities “knew their place”; police had unlimited rights over those they questioned or arrested; women had no control over their reproductive rights; minorities and women had disadvantages, as compared to white males, on educational and job opportunities; and gays were forced to remain “in the closet” and face open discrimination and hate without recourse!

So when the Republicans claim to understand what the Founding Fathers meant at the Constitutional Convention, they are forgetting that those esteemed leaders put into the Constitution the “Elastic Clause” to allow for expansion of the Constitution beyond the original document, in order to make the Constitution a “living document” adaptable to changing times.

The real threat is not what the federal courts have done in the past sixty years! It is the attempt of conservatives and the Republican Party to negate the great progress brought about the Supreme Court and lower courts in the past sixty years, and revert back to the years after World War II, when all of these great changes started slowly to evolve through courageous judges and Supreme Court Justices, including Earl Warren, William Brennan, Hugo Black, William O. Douglas, Thurgood Marshall, Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, David Souter, Ruth Bader Ginsburg and Stephen Breyer.

A Generation Of Justice Clarence Thomas: Its Negative Impact!

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Supreme Court Associate Justice Clarence Thomas has now been on the Court for a generation, and his impact is clear.

This is a man who was enmeshed in controversy when he was appointed by President George H. W. Bush to replace Associate Justice Thurgood Marshall as the second African American in the history of the Supreme Court. He was clearly the “anti Marshall”, and has remained in controversy ever since 1991.

Thomas was accused by African American law professor Anita Hill of sexual harassment, and accused liberals of a “lynching”, and only was approved by a vote of 52-48 in the Senate, the closest of the 20th century. He has, in a memoir in 2007 and before and since, continued to have bitterness and resentment toward liberals and his other critics, and said when he was confirmed that he would confound the “damn liberals” by staying on the Court for 43 years, the age he was when appointed, which would surpass Justice William O. Douglas’s 36 years on the Court, the longest in Supreme Court history. His wife strangely contacted Anita Hill last year to ask for an “apology”, which was not forthcoming, but continues to simmer in his wife’s mind after a generation.

Thomas’s wife has been involved in ethical problems as the head of a conservative organization working against the Obama Health Care law, and in other ways, working with the Tea Party Movement, while her husband is involved in decisions where his wife’s activities create ethical problems for him, although he is unwilling to react to any criticism by recusing himself from cases, as creating a conflict of interest. He does not care what his critics say!

On the Court, he is seen in many ways as the MOST conservative member, even more than Antonin Scalia in some ways. He is well liked by his colleagues, but almost never asks any questions in oral arguments before the Court. He gives lectures around the country, but avoids the news media. He comes across as bitter and odd in many ways, but also arrogant and hard to fathom.

Thomas has shown willingness to strike down case law going back decades, and sometimes even a century. He is the only one to argue for consistent return to the “original” meaning of the Constitution when it was adopted in 1789, even more than Antonin Scalia. He sees the Court as having gone the wrong way in many areas of the law, and wanting reversal of past rulings.

Thomas alone believes that states should be able to establish an official religion; believes teenagers have no free speech rights at all; believes business should not be regulated and their commercial speech and campaign activities should not be regulated; wants to strike down a key provision of the Voting Rights Act; and backs the President’s ability to hold an American citizen in prison indefinitely without charges or review by the courts.

Thomas refuses to see prisoner rights as legitimate and is against affirmative action to the extreme, even though he benefited from it himself! He spends his time only with people who agree with his hard line views, which many think is a shame, as it indicates he has a closed mind.

So Clarence Thomas continues to have a long range, in many ways deleterious effect on the Supreme Court, and probably will for close to another generation, as he predicted!

Virginia Thomas: The Clarence Thomas Supreme Court Controversy Revived By A “Loose Cannon”! :(

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Associate Justice of the Supreme Court Clarence Thomas has been on the Court for 19 years, charting a consistently conservative course, and showing very little ability to grow beyond his narrow views, expressed by his statement when he was confirmed that he would stay on the Court longer than any Supreme Court Justice in history to “confound the damn liberals” who he felt had tried to derail his nomination!

Thomas, appointed by President George H. W. Bush in 1991, to replace retiring liberal Associate Justice Thurgood Marshall, the first African American on the Court, became enmeshed in a controversy over charges of Anita Hill, an African American woman who worked for him at the Equal Employment Opportunity Commission, that he had sexually harassed her during her employment at that agency.

The accusations led to testimony by both Thomas and Hill before the Senate Judiciary Committee, and it set up a very embarrassing situation, in which senators and the public took sides, with many believing Thomas’s denials, and others believing Hill’s accusations.

Thomas was confirmed 52-48, the closest vote for a Supreme Court Justice in the 20th century, but he continued to feel bitterness and anger about the situation, and in his memoir written in 2007, he vented about it.

Now his wife has revived the matter, by leaving a phone message at the office of Hill, a law professor at Brandeis University, asking her to consider an apology to her husband, and to explain why she accused Clarence Thomas of sexual harassment, and nearly derailed his Court nomination. Hill handed over the information to campus police and they notified the FBI, because of concern that it might be a prank.

Virginia Thomas is obviously a “loose cannon”, and has become controversial as the head of a right wing lobbying group, Liberty Central, connected to the Tea Party Movement. Some have wondered if what she engages in is a conflict of interest, considering her husband’s position on the Supreme Court!

She does not seem to care about her image, and her contacting Anita Hill, is proof of it, and one has to wonder if she consulted her husband before making the phone call to Anita Hill.

Of course, Anita Hill made it clear no apology is forthcoming, because what she claimed happened back in the 1980s REALLY happened, a view the author has always held since the beginning!

It is perfectly clear that Virginia Thomas has a grudge, and rather than consider that her husband may have covered up the truth, as many believe, she instead revives the controversy, which frankly is better forgotten, with Thomas imposing his reactionary views on the Supreme Court for a generation, and unfortunately, probably for an equivalent period in the future, and in the process, holding back progress and undermining constitutional law! 🙁