Warren Court

Supreme Court Future At Stake In Presidential Election Of 2024!

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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

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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.

Ultimate Issue Of 2024: 21st Century And Preservation Of 20th Century Advancements, Or Return To 19th Century?

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With all of the complex and often confusing issues that have an effect on American politics in the upcoming Presidential and Congressional Elections of 2024, one reality stands out!

Are we to embrace the 21st century and preserve the 20th century advancements of the early 20th century Progressive Era, the New Deal of Franklin D. Roosevelt, the Earl Warren Supreme Court decisions, and the Great Society of Lyndon B. Johnson?

Or are we to return to the 19th century post Civil War Gilded Age concept of limited national government, Jim Crow segregation of African Americans, lack of basic human rights for women, and states rights limiting basic freedoms and rights of all but the most powerful corporations and wealthy upper class of Americans?

75th Anniversary Of Truman’s Executive Orders 9980 And 9981, Desegregating The Federal Work Force And The US Military!

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One of the most courageous and principled actions of any President occurred 75 years ago today, when President Harry Truman issued Executive Orders 9980 and 9981, ordering desegregation of all US government employment and the US Military Forces.

Harry Truman came from a Confederate heritage background, and had a record of using nasty terms about African Americans in his earlier years, but as President, he took the courageous action to move forward on the important issue of human rights.

It alienated many Southerners, and the Dixiecrats (States Rights) Party challenged Truman in the Presidential Election Of 1948, with South Carolina Governor Strom Thurmond as their Presidential candidate, winning four states and 39 electoral votes.

This was the second best third party total up to that point in American history, behind Theodore Roosevelt and the Progressive (Bull Moose) party of 1912, which won six states and 88 electoral votes.

Later, George Wallace won five states and 46 electoral votes as the American Independent party nominee in 1968.

Truman’s decision to take action promoted the beginning of the Civil Rights Movement, aided within six years by the Warren Court decision in Brown V Board of Education (1954), and then by courageous actions by Dwight D. Eisenhower, John F. Kennedy, and Lyndon B. Johnson over the next 15 years!

The Supreme Court At Its Lowest Public Opinion Rating In Modern Times!

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The US Supreme Court has been part of American government since the passage of the Judiciary Act of 1789.

There have been 17 Chief Justices and a total of 116 Justices, including five who served both as Associate Justices, and as Chief Justice.

We have seen diversity on the Supreme Court in recent times, with two African American men and one African American woman; a Latina woman; six Jewish men and two Jewish women; six women overall; two Italian American Catholics; 15 Catholics overall; and 92 Protestants.

The present Court has four women, and five men, but the Court’s ideological tilt is way far to the right, and it has caused a loss of favorable public opinion toward the Court, with confidence in the fairness and objectivity of the Court at an all time low in public opinion, since polls began in the 1930s.

This is a crisis, and Chief Justice John Roberts, who so much wants a good reputation for the Court which has its name as Chief Justice, has clearly lost control of the agenda of fairness to the hard right nastiness and narrow mindedness of Clarence Thomas and Samuel Alito, each being appointed by the first President Bush and the second President Bush.

The Report on the Dobbs v. Jackson Women’s Health Organization “Leak” is a farce, as the members of the Court were not put under sworn testimony as Court staff was, and no result as to how the leak occurred has been concluded, which seems like a coverup!

This will reflect over time in rankings of the Bush Presidencies, as constitutional law has been distorted by the decision of the Court to reverse abortion rights of nearly 50 years standing, after its members did not indicate in their confirmation hearings that they wished to void the basic right of privacy that has become part of the history of America since the Warren Court of the 1950s and 1960s!

The Supreme Court Reputation Reaching An All Time Low

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The US Supreme Court is in a crisis, as its reputation in public opinion polls, and among Supreme Court “watchers”, is reaching an all time low, not matched since the late 1920s and early 1930s.

The Court has never been as right wing in substance as it is now, since a century ago, and even going further back to the late 19th century Gilded Age era.

The Supreme Court’s reputation was glowing in the time of the Warren Court (1953-1969) and even moving forward to the Burger Court (1969-1986), and still having an image of balance in the era of the Rehnquist Court (1986-2005).

This was due to the reality that many Republican appointees to the Court, including the following, avoided hardline conservativism:

Eisenhower–Earl Warren, William Brennan
Nixon–Warren Burger, Harry Blackmun
Ford–John Paul Stevens
Reagan–Sandra Day O’Connor, Anthony Kennedy
HW Bush–David Souter

These eight Justices made a massive difference in enunication of Supreme Court opinions.

Sadly, George H W Bush’s appointment of Clarence Thomas, and George W. Bush’s selection of Samuel Alito, veered the Court far to the right, and Donald Trump’s three appointments—Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett—have continued that trend.

The fact that Thomas and Kavanaugh have been connected to accusations of sexual harassment, and that Alito, Gorsuch, Kavanaugh, and Barrett were chosen by Presidents who lost the national popular vote, and that Gorsuch took a seat that was meant for Barack Obama’s nominee, Merrick Garland, and that Barrett was confirmed for the Court less than two weeks before the national election—only adds to the fury and disgust felt about the Supreme Court!

This has, reportedly, disturbed Chief Justice John Roberts (2005- ), whose historical reputation is being damaged, as he has moved, personally, from being conservative to attempts to create a moderate balance on the Court. Sadly, it is not working, so there are some rumors that he might retire from the Court after 17 years as its leader, as that is about the norm for most of the 17 Chief Justices in Amerian history, with the exception of John Marshall (1801-1835) and his successor, Roger Taney (1836-1864).

That would be a major step forward, to retire, and allow Joe Biden to pick a Chief Justice, which has not happened for a Democratic President since Harry Truman in 1946!

Proper Republican Strategy: Attack Donald Trump Or Ignore Him? Neither Will Help GOP Brand!

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The Republican Party is in deep trouble, as Donald Trump has now emerged in first place in some public opinion polls, passing Jeb Bush, and leaving everyone else far behind.

This brings up the issue: What is the proper Republican strategy to deal with Trump, attack him or ignore him?

In reality, neither will help the GOP brand!

If the decision is to attack him, Trump will be infuriated, and will strike back and set out to destroy the GOP totally. He will bluster and bloviate, and will have the means to form an independent movement or third party.

If the Republicans choose NOT to attack and, therefore, to ignore him, they will be complicit in his racist and nativist viewpoints, which many of them actually agree with.

No political party can succeed now or in the future which sets out to demonize ethnic minorities, because, like it or not, the nation is becoming more diverse, and will be minority majority within three decades, counting Hispanic and Latino Americans, African Americans, and Asian Americans.

There is no way to bring back, even if people wished it, a mostly white Anglo America, as that is not going to happen.

The rapidly aging white Anglo population is dying off, and the nation and the Republican Party MUST face reality.

But is that likely to happen for 2016?

The answer is NO, and therefore, the GOP is rapidly becoming a dinosaur, and trying to make voting more difficult will require more effort to overcome such restrictions through the courts and through political action to register voters and meet the onerous requirements that some Republican governed states have put on the elderly, the poor, college students, and racial minorities in a purposeful manner.

And with a Democratic President, a likely Democratic Senate, and a possible Democratic House of Representatives, the Republicans will be marginalized further. And a Democratic President will have the ability to insure that the Supreme Court and lower federal courts move to the left, and overcome the conservative influence of Ronald Reagan, and the two Presidents Bush.

Once constitutional law goes back to the Warren Court image of the 1950s through the 1970s, the country will have been transformed in a way that the Republicans will never recover, until they abandon the far right image they have developed over recent years. Only then will the Tea Party influence finally dissolve and disappear!

The Supreme Court Of 2014 Most Right Wing Since Early 1930s!

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The Supreme Court has been controversial at different times in its history, but the present Court of 2014 is considered the most right wing Court majority since the early 1930s!

Since the Warren Court, which began in the 1950s, we have never had such conservative Justices as we have now.

Three of the present Justices are among the most conservative ever to sit on the Court, including Justice Antonin Scalia, Justice Clarence Thomas, and Justice Samuel Alito.

If one adds former Chief Justice William Rehnquist and former Associate Justice Lewis Powell, we have the five most conservative Justice since 1953, a period of 60 years.

Not much behind is Chief Justice John Roberts and Associate Justice Anthony Kennedy, both capable of surprises in their votes and rulings, but still most of the time joining Scalia, Thomas, and Alito.

These seven named Justices were all picked by Republican Presidents–two by Richard Nixon; two by Ronald Reagan, plus his promotion of Rehnquist to the Chief Justiceship; one by George H. W. Bush; and two by George W. Bush.

But also, Republican Presidents have selected Justices who turned out to be quite moderate, and even sometimes liberal, including Chief Justice Earl Warren and Associate Justice William Brennan by Dwight D. Eisenhower; Chief Justice Warren Burger and Associate Justice 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.

Since 1953, Republicans have controlled the White House for 36 years, while Democrats have had control for 25 plus years, and that has caused the right wing tilt of the Court, which could have been even more so, if not for the surprises presented by the seven “less” conservative, and some “quite liberal” Justices listed in the above paragraph!

So the Republicans have chosen 17 of the past 25 Justices since 1953, with John F. Kennedy picking two, but one (Byron White) turning out to be conservative, and Arthur Goldberg leaving the Court after only three years, due to the urging of Lyndon Johnson that he become United Nations Ambassador. Johnson selected Abe Fortas to replace Goldberg, but he stayed on the Court for only four years, and left the Court under the cloud of scandal. The first African American Justice, Thurgood Marshall, would go on to serve as a champion liberal for 24 years from 1967 to 1991.

Jimmy Carter would have no appointments to the Court in his four years in the White House, the only such situation in the 20th century, and one of only four Presidents to have had no appointments, but the only one to have a full term in the Presidency. The other three Presidents were William Henry Harrison (one month); Zachary Taylor (16 months); and Andrew Johnson (almost a complete term, but so unpopular that the Senate would not confirm any Court appointments in his time in office).

Bill Clinton selected Ruth Bader Ginsburg and Stephen Breyer; and Barack Obama has chosen Sonia Sotomayor and Elena Kagan as his appointments, so far, on the Supreme Court. So note that out of the eight appointments by Democrats in the Presidency, three have been women; five have been Jewish; one has been African American; and one has been Puerto Rican, with only Byron White being a typical white Anglo Saxon Protestant.

The question has now arisen whether Ginsberg, and maybe even Breyer, should retire, and guarantee that Obama could replace them, with the concern that the Senate might go Republican in November, making any Court appointment nearly impossible due to gridlock and stalemate. There is also fear that were the Republicans to win the White House in 2016, which is highly unlikely, that then the Court would be ever more right wing reactionary than it already is.

It is a calculated gamble for Ginsburg and Breyer to remain on the Court for now, but it is not uncommon for Justices to retire at very advanced ages–such as Blackmun at 85 and Stevens at 90!

So do not expect that either will retire, but with a good chance of Democrats retaining the Senate majority in 2014, or regaining it on the back of the Democratic Presidential nominee’s expected major victory in 2016!

The Most Significant Long Range Events Of 2013

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Now that we are in the last day of 2013, it is time to reflect on what the most significant long range events of 2013 are, events that will affect us in the future, and are signs of progress, which can never be reversed.

They include in no special order:

The accomplishment of national health care, a dream since Theodore Roosevelt first mentioned the concept in his Progressive Party campaign in 1912, later suggested by Harry Truman, partially enacted by Lyndon B. Johnson, attempted by Bill and Hillary Clinton unsuccessfully, promoted by Senator Ted Kennedy, and finally becoming law under Barack Obama. Even with all of the kinks and quirks now and in the future, national health care is here to stay, finally making America reach the stage of all other democracies in the world, but as usual the last to adopt social and economic reform, as compared to Europe, Canada, and Australia.

The acceptance by the Supreme Court of the concept of gay marriage, and the expansion from nine to eighteen states of acceptance of same sex marriage, and nothing will ever reverse what has happened, and eventually, the Supreme Court will mandate its legality throughout America, just as they did for interracial marriage in 1967. Many may not like it, but just as with interracial marriage, one does not have to engage in either interracial or same sex marriage, but it is nobody’s business to tell someone else who he or she is to love and to have the benefits of marriage, and no religious institution needs to accept it, as civil marriage will always be available.

The civil war raging in the Republican Party, which will determine if the party of Lincoln, TR, and Ike will survive or go into the dustbin of history, which Is certain, if the right wing Tea Party Movement is allowed to take over the party apparatus, and control the House and Senate Republican caucuses, and control major state governments around the nation. An extreme right wing Republican Party will not survive, and will give the Democrats such dominance that a moderate centrist party, maybe on the pattern of the Whig Party of Henry Clay, Daniel Webster, John Quincy Adams and Abraham Lincoln in the 19th century, will then emerge as a valid alternative to the more leftist Democratic Party by comparison.

The rise of a permanent Democratic majority in the Electoral College, as Georgia, Texas, Arizona and North Carolina will turn “blue” over the rest of the second decade of the 21st century, due to the growth in the Hispanic-Latino population, and the alienation of women from the Republican Party, which is working to control the reproductive lives of women. Both groups will swing these Sun Belt States to the Democrats, and with the Atlantic Coast from New England down to Virginia, and the Pacific Coast and the Upper Midwest more “blue” all of the time, there will be no way that Democrats will lose the White House over the next couple of decades, whether they nominate Hillary Clinton or Joe Biden, or someone else, for the Presidency in 2016 and beyond.

The Supreme Court will turn more liberal, as over the remaining years of this decade, the likelihood of new Supreme Court appointments, as well as circuit and district courts, will fall to Democratic Presidents, who no longer have to worry about a filibuster proof majority of 60 votes. The need for only 51 votes or 50 with the Vice President breaking the tie, insures that the courts, and eventually the high Court, will take a different view over time on same sex marriage, abortion rights, civil rights, and civil liberties, reminding one over the next two decades (due to lifetime appointments) of the history of the Warren Court.

A happy 2014 to all my readers and contributors!

The Future Democratic Party Majority On The US Supreme Court

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When one looks at the Supreme Court in recent decades, it is clear that it has been a conservative Supreme Court, dominated by Republican appointments, and it has shown in such decisions as the Citizens United Case of 2010, and the partial repeal of the Voting Rights Act in 2013, along with numerous other such cases tilted to the right side of the political spectrum.

So for progressives and Democrats, it has been a difficult time, wondering how the Supreme Court can be returned to the glorious era of the Warren Court and Burger Court from 1953-1986.

But there is the reality that the Supreme Court’s future for the Democratic Party and progressivism is very bright over the next decade, assuming what seems highly likely, that Hillary Clinton, Joe Biden or some other Democratic Presidential nominee will have the electoral college advantage for 2016, and likely for the following 2020 Presidential election.

If indeed the Democrats keep the White House beyond 2016, time and age will turn the Court into a majority Democratic Party appointed Court for sure!

History tells us this fact: If a party keeps control of the White House for an extended period of time, the Court becomes more than ever reflective of that political party.

So, for example, from 1933-1953, we had 20 years of Franklin D. Roosevelt and Harry Truman in the White House, and a total of 13 Supreme Court appointments, all by these two Democratic Presidents, helping to shape the future Court, with a few “liberal” appointments by Republican President Dwight D. Eisenhower (Earl Warren and William Brennan), insuring a continuation of that trend.

But it can be said that from 1953-2013, sixty years of history, the Republicans held the White House for a total of 36 years to the Democrats’ total of 24 years.

In those 60 years, the Republican Presidents made 18 appointments to the Supreme Court, to the Democratic total of just 8 appointments, more than a 2-1 majority. While Republican appointments included Warren, Brennan, Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, and David Souter, all quite liberal appointments, even so it still meant that 12 Republican appointments were quite conservative or VERY conservative, so the Supreme Court represents a strongly Republican flavor.

But now, we have four aging Supreme Court Justices–Ruth Bader Ginsberg (80 this year), Antonin Scalia (77 this year), Anthony Kennedy (77 this year), and Stephen Breyer (75 this year), and to believe that by 2020, that any or all of these members of the Court will be still serving, seems quite unreasonable, as they would be ranging between 82 and 87 by the year 2020!

And Justice Clarence Thomas, although claiming he will stay on the Court for 43 years, until age 86, would be 72 in 2020, and Samuel Alito would 70 in 2020.

No one is saying that either Thomas or Alito will have left the Court, but if the four elderly Justices have left, they would all be Democratic Party appointments if the Democrats keep the White House, highly likely, and that would mean SIX of the nine members of the Court would be Democratic appointments, including Sonia Sotomayor and Elena Kagan.

Only Thomas, Alito, and Chief Justice John Roberts would be Republican appointments in the year 2020 under this scenario!

So, for Democrats and Progressives, there is hope for a very different Court over the next decade and beyond!