The oath that a Supreme Court Justice must take is defined by law and has changed a bit over time. (A justice must take a Constitutional oath and a Judicial oath or a combination.) The combined oath for the office of Supreme Court Justice is the following: “I, ___”name”______, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as______ under the Constitution and laws of the United States; and that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will w ell and faithfully discharge the duties of the office on which I am about to enter. So, help me God.”
Judge Amy Coney Barrett was nominated by the president
yesterday for the Supreme Court vacancy left by the death of Justice Ginsburg.
She is expected to receive a swift approval by the Republican led Senate which
is demonstrating that its’ oath of office means little and power and hypocrisy
mean a lot. As judges go, she is young and relatively inexperienced and, if confirmed,
will be the youngest ever seated on the court. She had been a law clerk for
Justice Antonin
Scalia and is loved by those in the Conservative movement; she graduated at
the top of her class at Notre Dame Law School. So far,her decisions
as a judge on the 7th Circuit of the Court of Appeals and journaled legal
opinion articles have demonstrated that she is against abortion, for second amendment
rights and not supportive of immigrant rights, the death penalty and the Affordable
Care Act. She is a member of a fringe charismatic religious
group, (which some have called a cult), that supports covenant marriage and
the domination of the husband in that marriage and supports conversion therapy
for gay persons. One can only hope that, if selected, Judge Barrett believes
the words of her stated oath and leaves her personal opinions aside when
deciding cases. The Affordable Care Act termination case being brought by the
Republican States Attorneys General is due to be heard the week after the
election. If her appointment is rushed through, it is hoped by the Administration
that she can be sworn in in time to hear oral arguments, since she is known to
have spoken out against the law. With any luck, her appointment can be delayed
a bit.
It appears that no choice could have been further
from the beliefs and actions of the late Justice Ginsburg. When the president
paid respects at her viewing at the Supreme Court, he was booed by spectators and
many chanted “Vote him out.” I so hope that this happens. If Barrett is chosen,
as seems inevitable, her choice will leave the court with a 6-3 right vs. left
makeup. In the 2019-20 court session, of the 63
petitions in which decisions were made - only 19 were unanimous and 17 were
decided by a 7-2 or 8-1 decision.
I had planned to write about the damage being done
to the Food and Drug Administration (FDA) and the Centers for Disease Control (CDC)
this week, but events have pushed those subjects back a bit. In my opinion
these are two agencies, staffed by career professionals, scientists, physicians
and statisticians whose positions on issues should not be politicized.
Instead, let’s take a look at the extraordinary assault on the electoral process being waged by the president and the attorney general. The Atlantic Magazine felt that this information was so important that it published this article by Barton Gellman early so that it could be read before the election. His reporting indicates that the president is counting on Republicans voting in person and giving him the lead on election night, while he expects Democrats to vote by mail and intends to challenge these votes. A strategy, he reported, has been mapped out to challenge signatures and look minutely at the voting processes. Instead of hanging chads as was seen in Florida in 2000, now reviewing postmarks could be the new way to invalidate a ballot as postmarks are not always clear. (However, attempts at hobbling the postal services were not successful; a Federal judge has also blocked the post office from any slow down or further decommissioning of equipment before the election.) Should those measures fail, some states with Republican legislatures and governors are being primed to invalidate the selected electors and appoint new ones who would choose the president – so he could then win the electoral college and serve another term.
Academic
scholars, according to Gellman, are indicating that unless there is an
overwhelming win by Biden that the country could face a serious Constitutional
crisis. As the returns in 2018 on election night changed as more mailed in
ballots were counted in succeeding days, the president called for a stop to the
counting after election night; this is something he will try to claim again is
necessary. The Biden campaign and ordinary voters cannot allow him to do this. The
president is already saying that if he does not win, that will mean that the
election is fraudulent and so he would not have to leave office; at times he
has even said that he thinks three terms might be nice – has he ever read
the two-term limit in the constitution? And eventually, it is said, he will
challenge the results in state after state and turn to “his” Republican
majority on the Supreme Court to rule in his favor. As has been mentioned
before here, the Republican Party is working to suppress the Black vote,
especially in swing states; that is also why they have been working to get the troubled
rapper Kanye West on the ballot and so far, according to Politico,
have succeeded in seven states. There are also reliable reports that the party
is working to have voter intimidation and physical challenges to vote counting
in several states. Last week in Northern Virginia, supporters of the president harassed
voters standing in long lines for early voting.
According to the potential scenario laid out in the
Atlantic the president will never concede:
“All
of which is to say that there is no version of the Interregnum in which Trump
congratulates Biden on his victory. He has told us so. “The only way they can
take this election away from us is if this is a rigged election,” Trump said at
the Republican National Convention on August 24. Unless he wins a bona fide
victory in the Electoral College, Trump’s refusal to concede—his mere denial of
defeat—will have cascading effects.”
As a counter to some of these threatening actions,
Gellman suggests voting in person - in early voting if possible - stationing
police at polling places and at Boards of Elections to protect voters and
secure the ballots and setting up preparations to address possible armed
intimidators. Does this all sound alarming to you, it does to me! One of the best things about modern America
has always been our democratic freedom to vote and to subsequently have a
peaceful transition and orderly inauguration. The fact that this president can
call into question the legitimacy of these processes is, to me, appalling. But then, he has done so much to take down
the norms of our usually effective governmental systems, that I guess this too,
should not be a surprise. However, it is
definitely a disappointment, no that is not a strong enough word – it is a disavowal
of his oath of
office to protect and defend this democracy and the Constitution of this
country. Please read the article linked above for Barton Gellman’s full
discussion.
***********************************************************************************
Over this last week
we have hit two negative milestones – more than 7 million cases and over
200,000 deaths. According to Dr. Fauci we have flattened the curve somewhat,
but at far too high a level (over 40,000 daily cases) as we approach flu
season.
According to the NY Times:
COVID stats nationally as of 9/26/20
Total cases:
7,138,000. Total new cases: 42,761. Total deaths: 204,500. Total new deaths: 759.
Maryland stats (State
of MD) Total cases: 122,972. Total new cases 613. Total deaths 3,925. Total new
deaths: 8.
***********************************************************************************
In other dismal news this week, the Grand Jury in
Kentucky has returned no charges against the officers involved in the shooting
death of Breonna Taylor. One officer was dismissed for shooting into the next-door
apartment and charged with wanton endangerment in that shooting. The officers
who shot Taylor were not charged but were said to have been justified
in returning fire as her boy-friend fired a shot after the apartment door was
rammed open. This is apparently in regard to the law of self-defense. (The
facts about the warrant having little merit apparently did not get reviewed.) The
family lawyers felt that the prosecutor did not present an adequate case and
demanded to see the Grand Jury transcript.
Several days of protests have followed this decision in Louisville and
other cities. Earlier the City of Louisville had settled a civil
suit by the family and agreed to some police department reforms, neighborhood
policing and other changes, some of which looked at stopping no knock warrants.
Several hundred armed so-called “proud boys” – right
wing agitators - held a demonstration in Portland, Oregon, but they were
smaller in numbers than anticipated and did not get the counter-response from the
left that they had expected. Whew!
The NY Times has just reported that for
several years before his election, the president paid either taxes of $750.00
or 0 dollars. Quite a bombshell -more to come for sure!
‘Til next week- peace.