Tag Archives: US Supreme Court

Hold on, Rep. Lewis!

I have great respect and admiration for John Lewis, one of the most iconic members of the U.S. House of Representatives.

This brave and gallant man who was nearly beaten to death during the civil-rights marches of the 1960s, has not only survived, but he has become one of the great voices of Congress.

But he is getting way ahead of himself when he calls Donald J. Trump an “illegitimate” president.

Why is that? Rep. Lewis is concerned about the Russian involvement in our electoral process and allegations that Russian geeks/spooks sought to influence the outcome of the 2016 presidential election — in Trump’s favor.

http://thehill.com/blogs/blog-briefing-room/news/314234-john-lewis-trump-isnt-a-legitimate-president

Let’s hold on, sir!

I happen to share your distaste of Trump as a president. Believe me, I preferred the other major-party candidate over the Republican nominee. I also am concerned about the Russian involvement as confirmed by U.S. intelligence agencies.

However, nothing at all has been established about whether Russian hackers had any tangible impact on the outcome of the election. No one has proved that Russians tilted significant numbers of Americans to vote for Trump over Clinton.

I’ve never been prone to question the “legitimacy” of presidents elected in a controversial manner. I never once, not for a second, questioned President George W. Bush’s election in 2000 — even with the Supreme Court ruling and the fact that he got fewer popular votes than Al Gore. The U.S. Constitution worked as it was supposed to work in that election and Bush’s presidency was granted its legitimacy at that time.

Donald Trump won more Electoral College votes than Hillary Clinton. He, too, is a “legitimate” president-elect by virtue of collecting enough of the votes that count to be elected.

Unless someone can determine beyond a doubt that Russians — or some mysterious unknown intervener — actually had a tangible impact on the 2016 presidential election, then calling Trump’s presidency “illegitimate” is a major step too far.

Do I wish the outcome had been different? Absolutely! It wasn’t. Too bad for those of us who voted for someone else. I’m going to wait to see how this Russian-hacking probe plays out.

SCOTUS fight drips with irony

I cannot resist commenting on the irony that envelops the upcoming fight over filling the ninth seat on the U.S. Supreme Court.

Donald J. Trump is going to nominate someone to fill the seat vacated by the death of conservative icon Justice Antonin Scalia. U.S. Senate Democrats are vowing to fight whoever the new president nominates.

For the record, I’ll stipulate once again that I believe strongly in presidential prerogative on these appointments. I believe the president deserves to select whoever he wants to sit on the highest court; I also believe in the Senate’s “advise and consent” role in deciding whether to approve these nominations.

http://www.politico.com/story/2017/01/senate-supreme-court-fight-mitch-mcconnell-chuck-schumer-233194

But here’s where the irony covers this discussion.

Senate Republicans blocked President Barack Obama’s effort to nominate a centrist jurist, Merrick Garland, to the seat after Scalia died. They denied Garland a hearing before the Senate Judiciary Committee. They said within hours of Scalia’s death that Obama must not be allowed to fill the seat; that task, Majority Leader Mitch McConnell said, belonged to the new president.

Senate Republicans denied Barack Obama the opportunity to fulfill his constitutional responsibility. They engaged in a shameless — and shameful — game of politics.

Their response now? Why, they just cannot believe that Democrats might vote en masse against anyone Trump nominates. Senate Minority Leader Chuck Schumer vows that Democrats are going to dig in against anyone Trump picks for the court.

Revenge, anyone?

Senate Democrats likely cannot do what Republicans did when they denied Merrick Garland even a hearing to determine whether he should take a seat on the Supreme Court.

Indeed, the court needs a ninth vote to avoid deadlocked decisions. For that matter, the court should have welcomed the ninth justice long ago when President Obama nominated Merrick Garland.

Ahh, the irony is rich. Isn’t it?

What about a ‘consensus candidate’ for high court, GOP?

Americans are going to get a good look — probably fairly soon — at just how duplicitous many of our politicians can be.

Let’s consider the vacancy on the U.S. Supreme Court.

Justice Antonin Scalia died suddenly early this year while vacationing in Texas. President Obama then had to find someone to nominate to replace the longtime conservative icon. He found a centrist in Federal Judge Merrick Garland.

Republicans said before Garland got the nod that they would block anyone the president nominated. No hearing. No testimony. No vote. Nothing, man.

Throughout the president’s two terms in office, GOP senators had insisted that the Democratic president nominate “consensus” jurists to the nation’s highest court. He managed to get two justices confirmed: Sonja Sotomayor and Elena Kagan.

Garland was confirmable — had he been given the chance to make his case. Except for one thing: Confirming a centrist such as Garland would change the political balance of power on the Supreme Court, which held a slim conservative majority with Scalia.

A Republican now has been elected president. Will the new man, Donald J. Trump, nominate a “consensus” jurist for the high court? Will he find someone who splits the difference between liberals and conservatives?

Something tells me he’s going to tack to the far right as a sop to those who stood by him on the campaign trail.

Consensus? Who needs consensus when you and your political party control the White House and the Senate.

The upcoming Supreme Court appointment process is going to get ugly. Real ugly.

U.S. Supreme Court: a victim of collateral damage

Elections have consequences … as the saying goes.

Nowhere are those consequences more significant, arguably, than on our judicial system. Which brings me to the point. The U.S. Supreme Court has suffered what I would call “collateral damage” from the election of Donald J. Trump as president of the United States.

A nearly perfect jurist, Merrick Garland, waited in the wings for nine months after President Obama nominated him to replace the late Justice Antonin Scalia. Sadly, Garland’s political fate was sealed about an hour after Scalia’s death when Senate Majority Leader Mitch McConnell declared that the Senate would refuse to act on anyone Obama would choose for the nation’s highest court.

It was a shameful, reprehensible display of political gamesmanship and yet McConnell and his fellow Senate Republicans had the temerity to accuse the president of playing politics.

McConnell took a huge gamble — and it paid off with Trump’s election this past month as president. Now the new president, a Republican, will get to nominate someone.

The New York Times editorialized Sunday that whoever joins the court will be sitting in a “stolen seat.” The Times, though, offers a pie-in-the-sky suggestion for Trump: He ought to renominate Garland, a brilliant centrist who Republicans once called a “consensus candidate” when he was being considered for the Supreme Court back in 2010.

That won’t happen.

Trump, though, could pick another centrist when the time comes for him to make his selection, the Times suggested. Frankly, I’m not at all confident he’ll do that, either. Indeed, with Trump one is hard-pressed to be able to gauge the ideology tilt of whomever he’ll select, given the president-elect’s own lack of ideological identity.

Scalia was a conservative icon and a man revered by the far right within the Republican Party. His death has put the conservatives’ slim majority on the court in jeopardy. But, hey, it happens from time to time.

President Obama sought to fulfill his constitutional duty by appointing someone to the nation’s highest court. The Senate — led by McConnell and his fellow Republican obstructionists — failed miserably in fulfilling their own duty by giving a highly qualified court nominee the full hearing he deserved.

Now we will get to see just how consequential the 2016 presidential election is on our nation’s triple-tiered system of government.

Will the new president administer some kind of conservative “litmus test” to whomever he chooses? Or will he look for someone who — like Judge Merrick Garland — has exhibited the kind of judicial temperament needed on the highest court in America?

I fear the worst.

Fighter of the Year … finally!

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The Ring Magazine has been called the pre-eminent publication about professional boxing.

It made a huge mistake in 1966, though, in failing to name the then-heavyweight champion of the world its Fighter of the Year.

The magazine declined to give the honor to a fellow named Muhammad Ali, who defended his title five times that year, wiping out the competition with ease. Ali was at the peak of his boxing powers.

The magazine, though, disliked his objection to the Vietnam War as well as his affiliation with the Nation of Islam. It refused to call him by the name he chose and used his birth name, Cassius Clay, when referencing The Champ.

Times change — and so do attitudes.

http://www.msn.com/en-us/sports/more-sports/retroactive-ring-magazine-names-ali-1966-fighter-of-year/ar-AAlk6a2?li=BBnba9I

The magazine has decided to grant Ali the title he deserved all along. Fifty years later, Ring has named Ali its Fighter of the Year for 1966, to along with several other such honors the magazine had granted him. It didn’t select a Fighter of the Year in 1966.

It’s a curious thing, though, about the timing of this decision.

Ali won his court fight over his suspension from boxing in 1971, when the Supreme Court ruled unanimously that boxing authorities had violated his constitutional rights by denying him the chance to earn a living. Ring honored him with Fighter of the Year accolades in 1972, 1974, 1975 and 1978. It also honored him in 1963, before he announced his Muslim faith.

Ali died this year at the age of 74.

A more fitting tribute would have been to grant the honor denied to Ali while he was still able to accept and appreciate it.

Those of us — along with his loved ones — who marveled at the man’s skill in the ring and his courage outside of it will accept the honor on The Champ’s behalf.

Ted Cruz for Supreme Court?

UNITED STATES - SEPTEMBER 20: Sen. Ted Cruz, R-Texas, and Sen. Lindsey Graham, R-S.C., participate in the press conference on military aid to Israel with on Tuesday, Sept. 20, 2016. (Photo By Bill Clark/CQ Roll Call)

U.S. Sen. Lindsey Graham has posited an interesting notion about who should be nominated to fill the vacancy on the U.S. Supreme Court.

He says his Republican Senate colleague, Ted Cruz of Texas, should get the call.

Cruz would be hailed by everyone in the Senate as the perfect choice by the new president, according to Graham — but not for reasons that have anything to do with Cruz’s credentials.

Most of Cruz’s Senate colleagues detest him. They would vote virtually unanimously to send him to the Supreme Court, said Graham, who once joked that “if you killed Ted Cruz on the floor of the Senate, and the trial was in the Senate, nobody would convict you.”

Graham and Cruz, you must recall, once were GOP rivals for the party’s presidential nomination in 2016. Donald J. Trump ended up winning the presidency and now can nominate someone to fill the court vacancy created by the death of Justice Antonin Scalia.

Do I think Cruz would be a good choice? No. I don’t want the court to mess with a woman’s right to choose to end a pregnancy or to undo its ruling that legalized gay marriage.

Still, Sen. Cruz — or “Lyin’ Ted,” as Trump once labeled him — would be a most provocative selection for the court. He is a sharp lawyer, a former Texas solicitor general who has argued before the Supreme Court.

http://www.huffingtonpost.com/entry/lindsey-graham-ted-cruz-supreme-court_us_582ba677e4b01d8a014b4490

The new president might want to look to make a key appointment that would steer him away from difficult a Senate confirmation fight. In that context, Ted Cruz for the U.S. Supreme Court sounds like the right choice.

 

Can the president go over Congress’s head on Garland pick?

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This would require some serious stones on the part of the president of the United States.

But consider what a legal scholar, Gregory L. Diskant, is offering: Barack Obama can appoint U.S. Chief District Judge Merrick Garland to the Supreme Court without Congress providing its “advice and consent.”

The question for me: Does the president have the guts to do it?

Diskant, writing for the Washington Post, asserts that the Constitution has a provision that allows a presidential appointment if the Senate “waives” its responsibility to provide its consent. Thus, the notion goes, the president is within his right as the nation’s chief executive to simply seat someone on the highest court because the Senate has refused for an unreasonable length of time to fulfill its constitutional responsibility.

Diskant cites President Ford’s appointment of John Paul Stevens to the court in 1975. Nineteen days after the president nominated Stevens, the Senate voted 98-0 to confirm Justice Stevens.

https://www.washingtonpost.com/opinions/obama-can-appoint-merrick-garland-to-the-supreme-court-if-the-senate-does-nothing/2016/04/08/4a696700-fcf1-11e5-886f-a037dba38301_story.html?postshare=6971479245651399&tid=ss_fb

President Obama nominated Garland months ago after the tragic death of longtime conservative Justice Antonin Scalia. The Senate refused to give his nominee a hearing, let alone a vote, saying that a “lame duck” president shouldn’t have the right to fill a vacancy on the court; that job should belong to the next president, according to Majority Leader Mitch McConnell, R-Ky.

“No Drama Obama” could go out — if he so chose — with a serious boom if he follows Milbank’s suggestion.

Given the obstruction that Senate Republicans have thrown in front of the president for nearly his entire two terms in office, it would serve them right if Barack Obama took the dare being offered.

Gay marriage is ‘settled law’ … how about abortion?

blackmun

Donald J. Trump says the U.S. Supreme Court has settled the issue of gay marriage, ruling that the 14th Amendment to the U.S. Constitution provides “equal protection” under the law to gay couples, thus allowing them to marry legally.

The president-elect made the right call there.

But wait a second!

What about abortion? The High Court also has ruled that women have a constitutional right to make decisions regarding their own bodies, that they are allowed to terminate a pregnancy. They cited the same 14th Amendment’s “right of privacy” provision, as noted in Justice Harry Blackmun’s opinion.

Is it settled law? One would think so.

Trump, though, has said he’s going to find someone to fill the vacancy on the Supreme Court who opposes abortion, who would help overturn the landmark Roe v. Wade decision of 1973.

Isn’t the Roe v. Wade decision “settled law” as well, just as much as the gay marriage decision of just a couple of years ago?

I should note, I suppose, that Trump once was adamantly pro-choice on the abortion issue. Now he is just as adamantly pro-life on the matter.

Trump now plans to apply the abortion litmus test to whomever he selects to the court post vacated by the death earlier this year of longtime conservative icon Justice Antonin Scalia.

Presidents normally say they don’t set up such tests for potential Supreme Court nominees … but of course they do. I’ll give Trump credit at least for all but admitting out loud he has established one critical benchmark for whomever he chooses to fill the court vacancy.

The credit, though, must be tempered by the “settled law” notion that the president-elect applies to one key social issue of our time while refusing to apply it to another.

Gay marriage, where Trump and GOP base part company

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Here it comes.

The millions of Republican voters who stood by their man, Donald J. Trump, during the acrid presidential campaign might be feeling the first of many pangs of regret over one of their guy’s core beliefs.

Trump has told “60 Minutes” correspondent Leslie Stahl that gay marriage is the law of the land and that he’s “fine” with that. The U.S. Supreme Court decided it, legalized gay marriage in all the states. The issue is done, said Trump — quite correctly. There, you see? I actually can say something complimentary of the president-elect.

I almost could hear the teeth-gnashing while sitting in my study at home when he said that.

http://thehill.com/blogs/blog-briefing-room/news/305803-trump-diverts-from-gop-fine-with-supreme-courts-gay-marriage

Do you think the president-elect has upset those among his base, the folks who stood by him while he insulted prisoners of war, mocked a disabled reporter, admitted to groping women, denigrated a Gold Star family?

All of those things, taken separately, should have been enough to disqualify this guy from being nominated by a major political party, let alone from being elected president.

The GOP base — the true believers — stood by the nominee despite not even understanding what he believed.

Trump has vowed to appoint a conservative to the U.S. Supreme Court to succeed the late Justice Antonin Scalia. The court, though, has settled the gay marriage issue, citing the 14th Amendment to the U.S. Constitution and its “equal protection under the law” clause.

Trump tonight has indicated — finally! — that he understands the concept of “settled law.” The base of his party will be unhappy with the man they backed to the hilt.

GOP looking to make Hillary’s service difficult

cruz

Ted Cruz has joined his Senate Republican colleague John McCain in declaring war on a potential — if not probable — new president’s appointment powers.

Cruz, the former GOP presidential candidate, says there is “precedent” for the Supreme Court to operate with only eight members. That is a form of code for saying that it it’s OK for the Senate to block anyone that a President Hillary Clinton would nominate to fill the vacant ninth seat on the nation’s highest court.

https://www.texastribune.org/2016/10/27/cruz-says-theres-precedent-keeping-ninth-supreme-c/

McCain was wrong to say such a thing.  Cruz is equally wrong.

Assuming that Clinton wins the presidency in eight days, the Senate Republicans are digging in as they seek to block any appointment the Democratic president might make.

President Obama already has felt the sting of raw politics in that process. Antonin Scalia died eight months ago while vacationing in Texas. Obama selected federal judge Merrick Garland to replace the late Supreme Court justice — one of the conservative titans on the narrowly divided court.

The reaction from Senate Majority Leader Mitch McConnell was shameful in its political nature. Within hours of Scalia’s death, he declared that the Senate would block anyone President Obama would nominate; he declared that the nomination should be handled by the next president.

Well, Mr. Majority Leader, the next president is likely to be a Democrat, too. That has prompted Sens. McCain and Cruz to suggest that the next president won’t be able to nominate anyone, either.

Who’s playing politics with the U.S. Constitution? Republicans keep insisting that Democrats are doing it. They are shamefully lacking in self-awareness … as the continuing vacancy on the U.S. Supreme Court has demonstrated all too graphically.