US Supreme Court

248th Anniversary Of Declaration Of Independence, And America Is In A Constitutional Crisis! :(

We have arrived at the 248th Anniversary of the Declaration of Independence, declared on July 2, 1776, but with the final document being formulated and first signed by some of the delegates on July 4.

This is an anniversary with mixed feelings, as the American Republic is in danger of an absolute, authoritarian Fascist government being perpetrated on it by a renegade, right wing extremist majority of the US Supreme Court!

The Supreme Court is out of control, and the majority supporting the right wing, Fascist agenda of former President Donald Trump, and making it nearly impossible to hold him accountable for the January 6, 2021 US Capitol Insurrection and other crimes!

The balance of power of the three branches of government has been upended by the Supreme Court, in favor of an agenda to take away American democracy and the rule of law.

The only possible prevention of further extremism is the victory of the Democratic Party, but with a candidate who clearly is declining in his abilities, and thus causing a crisis that may insure not only his defeat, but a disastrous set of losses in Congress and state governments for the party and the nation!

So it is essential for Joe Biden to recognize reality, that he is not fit to serve until age 86, and therefore, to do the right thing and announce he is withdrawing from the Presidential race!

Further Reflection: Trump V US Creates Constitutional Crisis Of Massive Proportions!

This author and blogger, upon further reflection, reverses his earlier assessment today, and has come to the conclusion that the Supreme Court has created a long term constitutional crisis in Trump V US, making the likelihood of an uncontrollable Presidency long term!

The last few days have been a whirlwind, since the disastrous Presidential debate of June 27.

It has turned everything we thought was stable and manageable into a massive crisis, only made worse by the recklessness of the extremist right wing Supreme Court, which has granted shocking executive authority and immunity to the Presidency beyond all past limits!

President Joe Biden just gave a five minute Oval Office Address to condemn the Trump V US Supreme Court decision, but made it clear he would not use that decision to abuse his powers.

Ultimately, what can stop this abuse is the American people voting in November to repudiate the threat of Donald Trump, and it raises the stakes on the Presidential Election Of 2024, clearly the most dangerous moment since the Civil War!

Trump V US Supreme Court Case A “Mixed” Result!

The case of Trump V US has finally been issued by the Supreme Court, and it is a disappointing decision, but despite strong criticism by many, it is a “mixed” decision, that allows for future prosecution.

It makes “official” acts of a President immune, but does not claim that all acts are official, and there are aspects of Donald Trump’s behavior around the Presidential Election Of 2020 that are clearly not protected.

So while some actions of Trump cannot be prosecutable due to the decision, the ability to move forward and prosecute Trump can only be prevented if Trump wins the Presidency again.

Otherwise, the actions around the Florida case of documents illegally at Mar A Lago, and the Georgia case of pressuring the Secretary of State to find votes to change the results, and some of the actions around January 6 can still be pursued in court.

The crucial action is to insure Donald Trump does not win the Presidential Election Of 2024, and that means the Democrats must do everything possible to insure victory, not only in the race for the White House, but also for the future 119th Congress!

Also, future Supreme Court and other judicial appointments are determined by who wins the White House, and the only way to reform the courts is more Democratic Presidential appointments, so another reason for the urgency to insure victory for the Democrats at all levels!

Chief Justice John Roberts At A Crossroads

Chief Justice John Roberts is only the 17th person to be Chief Justice.

He has been Chief Justice for 19 years by September, and will be the fourth longest serving Chief Justice at that point, already surpassing the average tenure for a Chief Justice, with the major exceptions of John Marshall (1801-1835) and Roger Taney (1836-1864)), and also Melville Weston Fuller (1888-1910).

Roberts worries, rightfully, about the reputation of the Supreme Court, as it is named after the people who hold the position of Chief Justice.

While a definite conservative, Roberts has tried to promote a rational center on the Court, but that has become much more difficult with the extreme rightward swing of the Court since Donald Trump made three appointments in his one term of office.

The feeling is that Roberts has lost any sense of control or ability to influence his colleagues.

There clearly are major splits on the Court, and Roberts has the difficult job of showing he can lead, or allowing Clarence Thomas and Samuel Alito to dominate the Court.

It is hoped that Roberts, quietly, behind the scenes, has convinced the Trump appointees to tame the influence of Thomas and Alito, as otherwise, the reputation of the Court and his own historical reputation will lie in tatters.

This will be demonstrated when the Court finally makes its fateful decision this week on Presidential immunity, and the majority of the Court desperately needs to get this case right, or else, the American experiment in democracy will be in long term crisis!

US Supreme Court Adding To Its Poor Image By Delaying Presidential Immunity Decision To End Of June!

The US Supreme Court, already with a terrible reputation as an extremist right wing Court, is adding to its poor image by delaying its Presidential Immunity decision to the very last week of the present term.

The idea that any President has total immunity on anything he does as President is shocking, but the Court, with its three Donald Trump appointees, plus the horrendous Clarence Thomas and Samuel Alito, both involved in conflict of interest controversies of their own making, is adding tension to the nation by not having rejected such an idea summarily.

The hope is that the Court will reject such an outrageous abuse of Presidential power, that would allow any action of a President without any controls.

This blogger senses, and hopes that the vote will be as high as 7-2 rejecting total Presidential immunity, with only Thomas and Alito seemingly assured to back such abuse of power.

But this assumes that the Trump appointees, and at the least, Amy Coney Barrett, along with Chief Justice John Roberts, will join Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, to come to that conclusion. The hope is that Brett Kavanaugh will also join such a majority, and possibly Neil Gorsuch.

Al Gore Was Correct On Climate Change And Global Warming Three Decades Ago; If Only He Had Won The Presidency!

Former Vice President and former Senator Al Gore was correct on climate change and global warming, which he warned us about thirty years ago.

Gore went on to concede, graciously, the Presidential Election of 2000, when the Supreme Court intervened in Bush V Gore, to award the electoral votes of the state of Florida to George W. Bush. His concession was a masterful example of statesmanship.

But had Gore, who won the popular vote by 540,000, become President, the history of America environmentally would have been transformed dramatically.

The Republican Party has continued to work against climate change and global warming incessantly for the past 25 years, while Gore won the Nobel Peace Prize for his activism, but for nought.

The battle on the environmental future continues, as the nation and the world are now suffering immensely from the stubbornness and resistance of the Right Wing Extremists who just continue to promote the use of oil and gas without any acceptance of the crisis the nation and the world have put themselves in by greed and the profit motive!

Supreme Court Future At Stake In Presidential Election Of 2024!

Never has the future of constitutional law ever been more in danger than it is now in 2024, with a right wing extremist Supreme Court majority in process of reversing many of the constitutional advances promoted by the Warren Court and its successors.

President Joe Biden has brought to our attention the reality that it is highly likely that there will be at least TWO Supreme Court appointments in the next Presidential term.

This blogger and author believes, however, that it could, potentially, be up to FOUR appointments, not just two!

Four members of the present Court, based on age and Court longevity, may be leaving the Court by 2028!

Right wing extremists Clarence Thomas and Samuel Alito are seen as likely to retire after being on the Court for 33 and 18 years and being in their mid 70s.

Sonia Sotomayor has health issues, and is reaching 70, after 15 years on the Court, and may leave.

And Chief Justice John Roberts, on the Court for 19 years, will reach 70 early in 2025.

So the whole future of the Supreme Court is at stake in a massive way!

The Massive Corruption Of Clarence Thomas

It is shocking how corrupt and greedy Associate Supreme Court Justice Clarence Thomas is, and has been in the past third of a century since his hearings for the Supreme Court in 1991 revealed sexual harassment of Anita Hill.

Selected to replace the only earlier African American Justice, Thurgood Marshall, by President George H. W. Bush, his appointment and career stand out as possibly the biggest blunder made by the 41st President.

Thomas has gained at least $4 million in “benefits” from conservative activists, most notably Harlan Crow and Leonard Leo, and has led the attack on the great advancements of the Chief Justice Earl Warren Court (1953-1969).

By all standards of behavior, Thomas should resign from the Court, and should be impeached, but of course, neither will happen, and his horrendous tenure on the Court as it moves far to the Right, undermines all respect for the Court as an institution.

Thomas, sadly, is on the path to the possibility of serving longer on the Court than anyone, if he stays a member for the next three years. If he does, he will surpass the 36 years of Associate Justice William O. Douglas (1939-1975). At this time, already, Thomas is the 10th longest serving member of the Court in its history.

Thomas’s impact on constitutional law is also the fact that many of his law clerks are now federal district court judges, so his right wing views will carry on beyond his own time on the Court.

And sadly, his wife, Virginia “Ginni” Thomas, was involved in promotion of the January 6 2021 US Capitol Insurrection, as indicated by research into the behind the scenes events of that tragic day.

Mind Boggling That Convicted Felon Is Allowed To Run For President!

Only a few days since the felony conviction of Donald Trump, it is mind boggling that a convicted felon is allowed to run for President, and is gaining the support of over 90 percent of Republican officeholders, who are attacking the judicial system and the rule of law.

It is also mind boggling that members of the Supreme Court are willing to undermine American democracy and their own reputations in service of a man who has made clear that he wants to destroy the US Constitution, American democracy, and to seek retribution on his enemies, and declare a dictatorship on Day One and beyond.

It is also beyond understanding why the judge, prosecutor, jury and witnesses in the Donald Trump trial are facing constant threats to their personal security and that of their family members, and yet no condemnation by Republicans to this threat to public order.

The American nation also has allies in NATO and other friendly nations around the world who are truly alarmed at the prospect of a second Donald Trump Presidency, and have told Joe Biden that he must insure that Trump, a menace to the world, is not permitted to retake power.

The concept that Donald Trump still keeps millions of supporters makes one wonder what is wrong with the mental health of the American people.

How could any decent person who is Jewish, African American, Latino American, Asian American, and any person who professes to true Christian faith be able to overlook the record of destruction and hatred of Donald Trump, and vote for authoritarian Fascism just before the 250th anniversary of the American Republic?

Clarence Thomas And Samuel Alito Have Disgraced The Supreme Court!

The US Supreme Court is facing a backlash, due to two of its members, Clarence Thomas and Samuel Alito, being engaged in their actions and statements, and by their wives’ interactions, with promoting the conspiracy theory that the Presidential Election Of 2020 was “stolen” from Donald Trump by Joe Biden.

Ginni Thomas, wife of Clarence Thomas, actively promoted the January 6 2021 US Capitol Insurrection, but Thomas has refused to recuse himself from cases related to Donald Trump and the horrible events of that day.

And the wife of Samuel Alito displayed the American flag upside down in reaction to neighbors who displayed signs against Donald Trump in the days after the US Capitol attack.

Both Justices have made clear they will do what they can to undermine the federal case against Donald Trump, and this presents a danger that Donald Trump will escape prosecution, and might be given immunity from accountability.

This could lead to a Presidential dictatorship and the emergence of Fascism in the federal government, and with the threats of Donald Trump to destroy American democracy and the rule of law.

Public opinion on the image of the Supreme Court has reached an all time low, and Chief Justice John Roberts needs to intervene to insist that these two Justices must not be engaged in decisions involving the controversies of Janury 6!