Tag Archives: US Supreme Court

McCain enters the fray with threat of a crisis

WASHINGTON, DC - MARCH 26:  U.S. Sen. John McCain (C) (R-AZ) speaks during a press conference on the recent bombings by Saudi Arabia in Yemen March 26, 2015 in Washington, DC. During his remarks Graham said, "The Mideast is on fire, and it is every person for themselves." (Photo by Win McNamee/Getty Images)

John McCain must be unable to stand the sight and sound of another Republican blowing a once-great political party to smithereens.

The Arizona senator has this apparent need to get into the action himself by making an absurd — and frankly, frightening — assertion about how he and his GOP colleagues are going to handle the next president’s appointments to the U.S. Supreme Court.

Donald J. Trump’s presidential candidacy is imploding, paving the way for Hillary Rodham Clinton’s election in three weeks as the first female president of the United States.

What, then, does McCain do? He declares that U.S. Senate Republicans will make it their mission in life to block every single appointment Clinton might make to the Supreme Court.

That’s it. None will make it through the sausage-grinder of the confirmation process if Sen. McCain has his way. He’s actually one-upping the ridiculously political posture that Senate Majority Leader Mitch McConnell struck when he said that President Obama’s next pick would be stalled because, according to McConnell, he’s a “lame duck” and that the vacancy created by the death of Justice Antonin Scalia needed to be filled by the next president.

Do you remember how McConnell weighed in within an hour of he world learning that Scalia had died?

Hell, that’s not good enough for McCain. He and his fellow Senate Republicans are going to block them all!

I’ve long expressed admiration for McCain. I’ve saluted his service to the country — notably his heroic actions as a prisoner of war in Vietnam. However, my old pal Jon Talton, who knows Arizona politics better than anyone I’ve ever met, put the senator’s public life into an interesting perspective in a recent blog post. Here it is:

http://www.roguecolumnist.com/rogue_columnist/2016/10/a-looming-constitutional-crisis.html

As Talton wrote: “From ‘moderate’ ‘independent’ McCain, we have warnings of what’s to come. This puts him in the Kook camp that would make Hillary’s election automatically illegitimate. Four years of scorched earth and worse.”

I’ll let Talton’s assessment of McCain’s career stand on its own. He knows more about it than I do.

The idea that McCain would quadruple-down on efforts to block the next President Clinton’s appointment authority to fill potential vacancies on the nation’s highest court creates the threat of a serious constitutional crisis. It could be far worse than, say, Watergate — which was pretty damn frightening.

I continue to hold out hope that President Obama’s pick to replace Scalia — U.S. District Judge Merrick Garland — would get a hearing in the lame-duck session of Congress once the election is over. Senate Republicans might lose control of the upper chamber as Trump’s candidacy goes down in flames. Garland — as solid and mainstream a nominee as you can imagine — might prove to be as suitable a court pick as they could hope for.

Now we have Sen. McCain declaring that no one Clinton would select will be able to pass Senate GOP muster. No one!

Obstruction, anyone? There you have it — in the starkest terms possible.

Gore re-enters the political arena

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Former Vice President Al Gore has returned to the partisan battles, making a campaign appearance today alongside fellow Democrat Hillary Rodham Clinton.

His message to the crowd in Miami, Fla.? Every vote counts, he said.

He called himself “Exhibit A” in promoting “that truth.”

http://www.realclearpolitics.com/video/2016/10/11/al_gore_every_vote_counts_consider_me_exhibit_a.html

Yes, the vice president collected more popular votes nationally than Texas Gov. George W. Bush in the 2000 election. Yes, the recount in Florida ended with Bush tallying 537 more votes than Gore out of more than 5.8 million ballots cast in that state; then the U.S. Supreme Court — in a 5-4 decision — ordered the recount stopped. And yes, that meant Bush would be elected with 271 electoral votes, one more than he needed to become the 43rd president of the United States.

OK, but before we cheer the return of the Man Who Was Almost President, allow me to toss a bit of a wet blanket over the cheering section.

All the vice president had to do to win the election outright was to win more votes in his home state of Tennessee than Bush.

He didn’t. Gov. Bush collected more Volunteer State votes than its home boy. In fact, it wasn’t that close, as Gore lost Tennessee by about 80,000 votes.

I sympathize with Gore’s predicament, having been denied the presidency by a single vote on the highest court in America. If only he had won his home state, though.

If only …

Judge removed — with cause — from state’s highest court

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Roy Moore took an oath when he became chief justice of the Alabama Supreme Court.

The oath required him to follow the law, to adhere to the U.S. Constitution.

Then the U.S. Supreme Court ruled that gay people have the right — under the Constitution’s 14th Amendment equal protection clause — to marry others of the same gender.

Moore disagreed with that ruling. So he ruled that county clerks and other duly empowered local officials should adhere instead to a state law that denied marriage to gay people.

Well, Judge Moore’s days as head of the state’s highest court are over. The Alabama Court of the Judiciary has suspended Moore for the remainder of his term, declaring that he violated state and federal law by denying gay Alabamans the right to marry.

This isn’t the first time Moore has gotten into trouble over his refusal to abide by federal law. He was removed earlier for refusing to remove a Ten Commandments monument from the courthouse grounds in Montgomery, Ala. That act of defiance didn’t bother me nearly as much as this one does.

The nation’s highest court is empowered to interpret the Constitution. It ruled that the 14th Amendment provides equal protection to all Americans under the law and that the amendment doesn’t allow for discrimination on the basis of sexual orientation.

Moore has no authority to flout that ruling, the state’s Court of the Judiciary has ruled.

http://www.msn.com/en-us/news/us/alabama-justice-off-bench-for-defying-feds-on-gay-marriage/ar-BBwQ2VL?ocid=st

When will it sink in to this fellow’s apparently thick skull that when he takes an oath to follow the law and obey the U.S. Constitution, that there’s no wiggle room.

None.

Adhere to your oath or else step aside.

Judge Garland’s future hangs in election balance

FILE - In this May 1, 2008, file photo, Judge Merrick B. Garland is seen at the federal courthouse in Washington. President Obama is expected to nominate Federal Appeals Court Judge Merrick Garland to the Supreme Court. (AP Photo/Charles Dharapak, File)

Merrick Garland isn’t allowed to campaign actively for partisan political candidates.

You see, he must follow certain judicial canons that prohibit him from such activity.

I’m betting he’s chomping at the bit nonetheless.

Garland is the federal judge who has been nominated for a seat on the U.S. Supreme Court. President Obama made the nomination, only to run straight into a Republican roadblock erected by Senate Majority Leader Mitch McConnell who said the president shouldn’t get to fill the ninth seat on the court; that task should belong to the next president.

McConnell made that demand believing the next president would be a Republican. Then the GOP nominated Donald J. Trump. My gut tells me now that McConnell isn’t too keen on Trump, who I believe is going to lose the presidential election to Democratic nominee Hillary Rodham Clinton.

That eventuality puts Garland back in the driver’s seat.

If Clinton wins, then McConnell well might feel the necessity to proceed with Judiciary Committee hearings and then a floor vote on Garland’s nomination during a lame-duck congressional session.

If Hillary Clinton is the next president, then it’s almost certain that she will nominate someone who is more to the left than the centrist Garland, who Obama chose because of his superb judicial temperament — and the fact that the Senate approved him overwhelmingly to a seat on the D.C. District Court in 1997.

There’s another calculation McConnell needs to make: Clinton’s victory well could swing the Senate’s balance of power back to the Democrats. And that makes it even more critical for the Republicans — who would run the Senate until the new folks take office in January — to at least exert some measure of control over the proceeding.

Yes, this election is important. Don’t you think?

County clerk wins court fight; now, get to work

kim davis

Kim Davis is back in the news, if only for just a fleeting moment.

The Rowan County, Ky., clerk has won a court fight launched against her by two gay couples and two straight couples who had sued her for refusing to issue marriage licenses to gay couples.

A federal judge ruled that Kentucky state law has been enacted that removes county clerks’ names from marriage licenses, which Davis and her supporters said protected her religious liberty, as she refused to issue the licenses based on her devotion to her Christian beliefs.

http://www.foxnews.com/us/2016/08/21/judge-dismisses-lawsuits-against-kim-davis-over-marriage-licenses.html

As I see this ruling, it’s a dismissal on a technicality. Rowan no longer has to put her name on these licenses, which in Rowan County are issued by one of her deputies.

This whole case erupted after the U.S. Supreme Court ruled that gay marriage is protected under the equal protection clause of the 14th Amendment to the U.S. Constitution. Davis decided to make a show of it by refusing to issue the licenses to gay couples — even though she took an oath to uphold the law of the land, the Constitution, and the laws of her state.

Davis has won a court battle. I get that.

She also messed up royally when she refused to fulfill the tenets of the oath she took when she assumed this public office.

Her religious liberty does not supersede the rights of those she has sworn to serve.

The county clerk can thank the Kentucky legislature for giving her room to wiggle her way out.

This election back story involves a judge

FILE - In this May 1, 2008, file photo, Judge Merrick B. Garland is seen at the federal courthouse in Washington. President Obama is expected to nominate Federal Appeals Court Judge Merrick Garland to the Supreme Court. (AP Photo/Charles Dharapak, File)

So-o-o-o many back stories to examine, so little time — it seems — to do them all justice.

Speaking of justice, here’s a back story that might get some traction if current presidential election trends continue toward Election Day.

Merrick Garland. Do you remember him? President Obama nominated him to a seat on the U.S. Supreme Court after Justice Antonin Scalia died while on a hunting trip in Texas.

Garland’s nomination was put on the back burner by the Senate majority leader, Mitch McConnell, who declared within hours of Scalia’s death that the Senate would not consider anyone the president nominated. He would insist that the next president get that task. He said he doesn’t think it’s appropriate for a president in the final year of his second term to make an appointment to the nation’s highest court.

McConnell’s logic defies, well, logic.

Here’s how this story gets interesting.

As I am writing this blog post, Democratic presidential nominee Hillary Rodham Clinton is putting some distance between herself and Republican nominee Donald J. Trump, whose campaign is showing signs of imploding before our eyes.

So, McConnell has a calculation to make.

“Do I hope my party’s nominee pulls his head out soon enough to actually be elected president this November? Or do I concede that Clinton’s going to become the next president — and then do I allow Garland’s nomination to go forward in a lame-duck session of Congress?”

It’s looking, to me at least, as though Clinton’s going to win the election. That seems to set the table for a confirmation hearing and a vote for Garland, who by all accounts is a mainstream jurist who likely will be as suitable a pick as the Republicans are going to get — presuming a Clinton election.

What’s more, it also is entirely possible that Democrats will regain control of the Senate, which puts additional pressure on Republicans to act now while they still run the Senate.

McConnell never should have dug in his heels in the first place. He is playing politics with this constitutional task given to the president, which is to nominate candidates to the federal bench. For him and other Republicans to suggest in retaliation that Obama is playing politics is laughable on its face.

Garland has deserved a hearing and a vote ever since the president put his name forward. Hillary Clinton hasn’t said whether she would renominate Garland after she takes the presidential oath in January, which leads me to believe she’ll find someone else.

Obama sought to appease his GOP critics in the Senate by nominating Garland in the first place. He knew the Republican majority would resist anyone he nominated. He sought to find someone who already had been approved to the federal bench and who had impeccable judicial credentials.

If the trend continues and Trump continues to fall farther and farther into the political ditch, my strong hunch is that Majority Leader McConnell will cry “Uncle!” and give Merrick Garland the hearing — and the up-or-down vote in the Senate — he has deserved all along.

‘I, alone’ will cure the nation’s ills

trump

Two words stood out for me after I heard Donald J. Trump accept the Republican Party’s presidential nomination.

They comprise six letters, all told.

“I, alone” will repair the things that are afflicting the nation.

There. He said it. He’s is The Man. He will do it all by himself.

Trump will make Americans safe from international terrorists; he will restore “law and order” to our communities; he will toss out the Affordable Care Act and create a new health insurance system; he will renegotiate “great” trade deals; he will bring jobs back to the country; he will build a wall that keeps illegal immigrants out.

Well, government happens to be a partnership. At least that’s how the framers built it. They created a legislative branch to write the laws, an executive branch to administer them and a judicial branch to ensure that they do not violate the U.S. Constitution.

As has been said many times: A president proposes, but Congress disposes.

Trump, though, sees it differently. He’s going to grab the government by the throat and throttle it long enough to accomplish all that he intends to do.

However, he’s got a tiny concern with which he needs to deal. It’s the 535 men and women — many of whom have egos as large as Trump’s — who comprise the two legislative houses perched atop Capitol Hill.

Trump got the convention crowd fired up. He gave a pretty good speech. He was disciplined and “on message.” I give him props for that.

One, however, heard only a smidgen of humility and that occurred in the very first line of his speech when he accepted the party’s nomination for president.

He’ll hit the trail now. He’ll take his message — whatever it is — to the battleground states. Trump will seek to persuade voters that, by golly, since he’s built that business of his all by himself that “I, alone” will be able to repair the damage done to the country.

Which brings me, briefly, to this final point.

The country he and his surrogates described during the past four days does not resemble in any way the country I’ve seen emerge from the fiscal meltdown it suffered eight years ago.

The nation’s military isn’t “decimated.” The economy is recovering; yes, it could be a stronger, more vibrant recovery, but then again, it’s never reached perfect economic pitch. Crime has gone down, not up — and there’s plenty of data to back that up.

I get that political conventions are intended to put the other party in the worst possible negative light. Republicans did a great job of it this week, even though they distorted the truth beyond all recognition.

Their nominee completed the distortion by declaring that “I, alone” am able to do all these things to “make American great again.”

Now … bring on the Democrats.

Justice Ginsburg seeks to make it right

BBuiRBp

Justice Ruth Bader Ginsburg now says she regrets those negative things she said about Republican presidential candidate Donald J. Trump.

Does she no longer believe what she said? Hardly. She just regrets saying those things out loud.

https://www.msn.com/en-us/news/politics/us-supreme-court-justice-ginsburg-apologizes-for-trump-remarks/ar-BBukt9C?li=BBmkt5R&ocid=spartandhp

I’m going to give the Supreme Court justice high marks for saying she plans to be “more circumspect” in the future.

She had said Trump’s election as president would be disastrous for the country and joked she might move to New Zealand if Trump is elected.

I am one of those who have said she shouldn’t have made those statements. It is true that there’s nothing written or codified about what Supreme Court justices can say. It’s been a long-standing tradition that justices steer clear of partisan politics.

Ginsburg lost control of her verbal steering wheel when she popped off about Trump, who not surprisingly responded in his typically crude manner, suggesting the justice had lost some of her mental acuity. He demanded her resignation.

As Reuters reported: “On reflection, my recent remarks in response to press inquiries were ill-advised and I regret making them,” she said in a statement issued by the court. “Judges should avoid commenting on a candidate for public office. In the future I will be more circumspect,” Ginsburg added.

That’s good enough for me. Is it good enough for her critics? I’m thinking umm … no.

Let’s stop the ‘consequences’ talk

ginsburgruth_012814getty

How about settling down just a bit, Republican members of Congress?

They’re all up in arms over remarks Supreme Court Justice Ruth Bader Ginsburg made about presumptive GOP presidential nominee Donald J. Trump, about how she cannot imagine a country with Trump as president.

Rep. Randy Weber of Texas said Ginsburg ought to resign. Trump said the same thing. As the Hill reported: “The recent comments of Supreme Court Justice Ginsburg on Republican Presidential nominee Donald Trump are the antithesis of Lady Justice and in direct violation for what the highest court in the land stands,” he said. “Justice Ginsburg’s actions must be met with consequences. I agree with Donald Trump that she should resign.”

http://thehill.com/regulation/court-battles/287537-house-republican-ginsburgs-actions-must-be-met-with-consequences

While I agree that Ginsburg crossed a line, violated an unwritten rule about justices getting too politically partisan, let’s take heed of what the framers did when they wrote the U.S. Constitution.

They created an independent branch of government called the “judicial branch.” Judges get lifetime appointments to their posts. The idea was to enable them to be free of political pressure brought by the executive or legislative branches of government.

The founders got it right.

Ginsburg didn’t need to pop off as she did about Trump. But she isn’t the first justice to get involved in politics. In the earliest years of the Republic, justices ran for political office while sitting on the Supreme Court.

That kind of overt politicking, of course, hasn’t occurred in many years.

I don’t expect the Supreme Court to hear cases involving Trump while Ginsburg is sitting on that bench. However, I don’t doubt the justice’s ability to judge any case involving Trump fairly.

Although the framers had the right idea when they created an independent judiciary, they could not possibly remove politics from its actions.

I bring you Bush v. Gore in 2000, in which five Republican-appointed justices stopped the ballot-counting in Florida with GOP candidate George W. Bush leading Democratic opponent Al Gore by 537 votes out of more than 5 million cast in that state. Bush won Florida’s electoral votes and became president by the narrowest of margins.

Do you think politics played any role in that decision?

Well, that’s how the system worked.

As for the present-day dustup over Justice Ginsburg’s remarks, she made them, but let’s quell the talk about “consequences.”

Ginsburg was entitled to say what she said.

Yes, Justice Ginsburg crossed that ‘line’

ginsburg

When judges get appointed to the U.S. Supreme Court, they usually follow a set of certain practices.

One of them is to keep their partisan political views to themselves.

Sure, their judicial philosophy often reveals their political leanings, but that’s for others to assume.

With that said, Justice Ruth Bader Ginsburg has crossed a line separating the judicial branch from the rest of the federal government structure.

She said the following: “I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president,” Ginsburg told the New York Times’s Adam Liptak. “For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.”

http://www.msn.com/en-us/news/politics/in-bashing-donald-trump-some-say-ruth-bader-ginsburg-just-crossed-a-very-important-line/ar-BBucVZt?li=BBmkt5R&ocid=spartandhp

Ginsburg’s reference is to presumptive Republican presidential nominee Donald J. Trump.

Very bad call, Mme. Justice.

It’s OK for justices to think certain things about politicians. It’s quite inappropriate for them to say it out loud. Judicial decorum dictates that they stay above the political fray. These individuals aren’t politicians. Presidents nominate them and the Senate confirms them on the basis of how they determine the constitutionality of federal law.

Justice Ginsburg, selected for the high court in 1993 by President Bill Clinton, would seem to have an axe to grind given her statements criticizing Trump’s candidacy. Trump, after all, is running against the wife of the man who selected her to the Supreme Court.

Don’t misunderstand me on this point: I have trouble contemplating a Trump presidency, too.

I, though, am not a member of the highest court in the nation. I can say these things out loud. Justice Ginsburg needed to keep her mouth shut.