Tag: Supreme Court

About Amy Coney Barrett

Supreme Court Justice Nominee Amy Coney Barrett

It’s announced! President Trump’s nominee to replace liberal Justice Ruth Bader Ginsburg is Judge Amy Coney Barrett, U.S. Court of Appeals for Chicago’s Seventh Circuit. Barrett, a conservative-minded judge, will rise above what will be a brutal Senate hearing to be confirmed as quickly as possible. And she will do it with dignity. So, what should you know about this woman?

Judge Barrett, 48, was born and raised in New Orleans giving her a southern culture background as well as a hint of southern/Cajun accent. She married Jesse Barrett in 1999 after they both graduated from Notre Dame Law School. Jesse is a former assistant U.S. Attorney in the Northern District of Indiana and is now in private practice. They have seven children, ages 8 to 19, two of which are adopted Haitians, and one is a special needs child. Amy also grew up as one of seven siblings.

The Barretts are devout Catholics and very committed to their faith in Jesus. They are long-time members of the “People of Praise,” a largely Catholic organization of small groups that meets regularly to share their unity in Christ, commitment to one another, and Christian experiences. The organization’s literature describes itself as a charismatic Christian community.

Before President Trump nominated her to the 7th Circuit in 2017, Barrett was a law professor at Notre Dame for nearly two decades. She received the “distinguished professor of the year” award three times at Notre Dame. Her scholarship focuses on constitutional law, originalism, textualism, and statutory interpretation. She adamantly opposes the “living Constitution” approach to legal rulings.

During her tenure as professor at Notre Dame, she was a member of the Faculty of Life, an antiabortion group. Barrett was quoted in a 2013 magazine article as saying “life begins at conception.” She also stated that justices should not be strictly bound by Supreme Court precedents leaving open the possibility that she could vote to overturn Roe v. Wade.

The 2017 Senate hearing for her appointment to the 7th Circuit was noted for its questioning of her strong Christian faith being perhaps incompatible with blind justice on the Court. An often-cited comment of Senator Dianne Feinstein was, “You have a long history of believing that your religious beliefs should prevail. The dogma lives loudly within you.” Yet, Justice Ginsburg often spoke freely of how her Judaism shaped her thinking on the Court, and no one gave it a second thought.

Judge Barrett will be the fifth woman to serve on the Supreme Court and only the second woman justice nominated by a Republican president. Sandra Day O’Connor was nominated by President Reagan, and Ruth Bader Ginsburg by President Clinton. She will join President Obama nominees, Justices Elena Kagan and Sonia Sotomayor on the bench as the youngest of all justices. She could potentially be on the court for over forty years.

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Justice Ginsburg’s Death Will Fan the Political Firestorm

Supreme Court Justice Ruth Bader Ginsburg

Condolences and prayers go out to the family and friends of Supreme Court Justice Ruth Bader Ginsburg. The death of a Supreme Court justice always generates a contentious political atmosphere surrounding the replacement nomination and confirmation. But, this one will almost certainly ignite the most explosive judicial process in our history.

Over the recent months, I have thought our nation couldn’t be more divided. What could be worse than the combined bashing of the president, the racial strife, the riots, the anti-law-enforcement acts, and the fiery presidential race. Well, we just learned what could be worse. The next month-and-a-half will see the aforementioned egregious issues grow in magnitude while the justice nomination and confirmation pour fuel on the fire.

President Trump, without a doubt, has the constitutional right, further, the obligation, to nominate a replacement justice without consideration of the approaching election. The Senate, likewise, has the constitutional right, again, the obligation, to decide on confirmation of the nominee. The Democrats will decry with a vengeance such a constitutional action.

The principal argument of the Democrats will be the perceived precedent set by the Senate in 2016 by its declining to confirm President Obama’s election year nomination of liberal-leaning Merrick Garland to replace conservative-leaning Antonin Scalia. The Republican majority Senate simply didn’t schedule the vote. After Trump was elected, he nominated conservative-leaning justice, Neil Gorsuch, who was confirmed by the Senate. There is essentially no difference in the current situation and that of 2016. Both cases were according to the Constitution. In each case, the president nominated and the Senate decided whether to confirm. In 2016, the Senate chose to reject confirmation; in 2020, the Senate can choose to confirm. Both actions are constitutional, and both are by duly elected representatives of the American people.

In all 29 cases of past election year vacancies, the president nominated a replacement, and the Senate acted on it. The Democrats have presented many quotes of 2016 conservatives opposing election year justice replacement. There are just as many quotes from 2016 liberals advocating election year replacement including then-Vice President Joe Biden, Senator Schumer, and Justice Ginsburg. That’s just politics.

One difference consideration between the 2020 and 2016 situation is that, in 2016, the people’s 2012 election of a Democratic president and 2014 election of a Republican majority Senate left their will regarding the justice nomination somewhat in question. The people’s will in the current nomination is obvious from their electing both a Republican president and a Republican majority Senate. Delaying the process in 2020 would be ignoring the will of the people who voted for this Republican president and Senate majority largely based on anticipated Supreme Court vacancies.

In the upcoming confirmation process, the rub is going to be with a few Republican senators in very close races, particularly those in liberal states. For them, taking a strong conservative stance on confirmation could lose their seat, and the Senate could lose its slim majority. Another issue is the time frame of confirmation. Getting a nomination and confirmation by election day is very optimistic. Of course, the Trump presidency and the senate majority hold until January regardless of the election outcome. But, depending on how America votes, confirmation by a lame-duck senate would be even more contentious, but totally constitutional.

So, get ready! Hang on! If you thought you were witnessing a political firestorm now, standby for the perfect firestorm. Pray that the antifa rioters and killers don’t see this as a new cause to kill more cops, burn more buildings, and loot more stores.

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SCOTUS LGBTQ Ruling Is Wrong for America

In this week’s bombshell Supreme Court ruling, the justices voted 6-3 to force millions of America’s businesses, organizations, and individuals to accept LGBTQ employees against their moral and biblical convictions. This is wrong on many levels.

The decision, shocking most Americans, applied to three lower court appeal cases, the most notable of which was Harris Funeral Homes v. Aimee Stephens and EEOC. Funeral director, Anthony Stephens, was fired after announcing to his funeral home owners that he was changing his name to Aimee and would be working dressed as a women. The funeral home owners believed the action would cause increased grief for families of departed loved ones who were aware of the situation. The firm also felt such condition would cause undue stress on its other female employees who would have to share restrooms with the biological male. Stephens sued the funeral home.

The ruling according to the majority justices is an interpretation of the 1964 Civil Rights Act which, among other things, prohibited employment discrimination based on gender. At the time, the intention of the Act was clearly about biological males and females. Monday’s decision interpreted the Act as applying to all LGBTQ sexual identities.

About half of all states already have some valid level of non-discrimination protection for LGBTQ communities. But the other half have limited or no such ordinances. On this issue, the states are generally aligned according to political party majority with blue states legislating LGBTQ protection and red states not. The SCOTUS decision no longer leaves the issue up to the states and even usurps the responsibility of the US Congress to enact discrimination law. Most conservatives view this ruling as judicial activism at the highest level. It was a radical rewrite of existing federal statute. It has taken a controversial social issue out of the hands of legislators representing national sentiment and forcing social change by judicial fiat from six individuals.

Although the decision left open the possibility of employers being exempted on religious grounds, there is little doubt but that lower courts will now use this decision to defend LGBTQ persons applying for employment in churches, Christian schools, para-church organizations, and religious related companies. The ruling’s application to only employment issues will not stop it from being influential in backing men attempting to join women’s sport teams as well as men using women’s restrooms and changing facilities. Such a sweeping decision by the Supreme Court has sunken America much deeper into the normalizing of deviate sexual behavior.

Furthermore, traditional conservative Americans guided by Christian principles felt a sense of disappointment and betrayal upon learning that Chief Justice John Roberts and Trump-appointed Justice Neil Gorsuch sided with the liberal justices on this ruling. Gorsuch, usually an unyielding conservative on the Court, even wrote the majority opinion. Justices Kavanaugh, Thomas, and Alito provided the dissenting opinions.

Apparently, conservatives can no longer assume that justices leaning in their direction will vote with conservative ideals. With a 5-4 conservative majority in the Court, one liberal vote by any of the five will swing the decision. This makes it crucial to conservatives that a conservative president and Senate majority be in place when the next Supreme Court seat is vacated.

So, be alert. This ruling has left open all potential for capitalization by the LGBTQ community. Pray that the decision will not embolden those who might want to test the waters in ways that would cause more offense and animosity. What are your thoughts?

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Know Your Supreme Court

The next year of Supreme Court action will have a profound impact on America and every citizen. Critical issues decided will include immigration, presidential power, first and second amendment rights, states rights, human rights, voting rights, impeachment, and the list goes on. Plus, we may very well see yet another Justice appointment. Ideology of individual Justices will be on display. How well do you know your Justices? Here is a quick run-down.

In response the President Trump’s recent remark about an “Obama” federal judge, Chief Justice John Roberts rebuked that, “there are no Obama judges or Trump judges, Bush judges, or Clinton judges, just federal judges.” I give him credit for taking the high road, but we all know federal judges are chosen based on how they view the world, particularly from a conservative or liberal perspective. The flip from a liberal-leaning to a conservative-leaning Supreme Court with President Trump’s two nominees will make a huge difference in upcoming cases. Congressional inaction on immigration has forced the President to take executive actions that will continue to end up in the Supreme Court. As you follow these headlines, you will want to better familiarize yourself with who these justices are and how they view the issues. I hope these abbreviated bios help.

John G. Roberts, Jr., Chief Justice of the United States, was born in Buffalo, New York, January 27, 1955.  He received a J.D. from Harvard Law School in 1979. He was Associate Counsel to President Ronald Reagan, White House Counsel’s Office from 1982–1986, and Principal Deputy Solicitor General, U.S. Department of Justice from 1989–1993. He was appointed to the United States Court of Appeals for the District of Columbia Circuit in 2003. President George W. Bush nominated him as Chief Justice of the United States, and he took his seat September 29, 2005. Note: Chief Justices are nominated by the President and serve until retirement or death. President Bush nominated Roberts as a new Chief Justice replacing Chief Justice William Rehnquist who died in office.

 

Clarence Thomas, Associate Justice, was born in the Pinpoint community near Savannah, Georgia on June 23, 1948. He received a J.D. from Yale Law School in 1974. He served as a Judge on the United States Court of Appeals for the District of Columbia Circuit. President Bush nominated him as an Associate Justice of the Supreme Court and he took his seat October 23, 1991.

 

Ruth Bader Ginsburg, Associate Justice, was born in Brooklyn, New York, March 15, 1933. She received her LL.B. from Columbia Law School. She was instrumental in launching the Women’s Rights Project of the American Civil Liberties Union, served as the ACLU’s General Counsel from 1973–1980, and was on their National Board of Directors from 1974–1980. She was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980. President Clinton nominated her as an Associate Justice of the Supreme Court, and she took her seat August 10, 1993.

 

Stephen G. Breyer, Associate Justice, was born in San Francisco, California, August 15, 1938. He received an LL.B. from Harvard Law School. He served as a Judge of the United States Court of Appeals for the First Circuit, and as its Chief Judge, 1990–1994. He also served as a member of the Judicial Conference of the United States, 1990–1994, and of the United States Sentencing Commission, 1985–1989. President Clinton nominated him as an Associate Justice of the Supreme Court, and he took his seat August 3, 1994.

 

Samuel A. Alito, Jr., Associate Justice, was born in Trenton, New Jersey, April 1, 1950. He received an LL.B from Yale Law School. He was appointed to the United States Court of Appeals for the Third Circuit in 1990. President George W. Bush nominated him as an Associate Justice of the Supreme Court, and he took his seat January 31, 2006.

 

Sonia Sotomayor, Associate Justice, was born in Bronx, New York, on June 25, 1954. In 1979, she earned a J.D. from Yale Law School where she served as an editor of the Yale Law Journal. In 1991, President George H.W. Bush nominated her to the U.S. District Court, Southern District of New York, and she served in that role from 1992–1998. She served as a judge on the United States Court of Appeals for the Second Circuit from 1998–2009. President Barack Obama nominated her as an Associate Justice of the Supreme Court on May 26, 2009, and she assumed this role August 8, 2009.

 

Elena Kagan, Associate Justice, was born in New York, New York, on April 28, 1960. She received a J.D. from Harvard Law School in 1986. She served for four years in the Clinton Administration as Associate Counsel to the President and then as Deputy Assistant to the President for Domestic Policy. In 2009, President Obama nominated her as the Solicitor General of the United States. A year later, the President nominated her as an Associate Justice of the Supreme Court on May 10, 2010. She took her seat on August 7, 2010.

 

Neil M. Gorsuch, Associate Justice, was born in Denver, Colorado, August 29, 1967. He received a J.D. from Harvard Law School and a D.Phil from Oxford University. He was appointed to the United States Court of Appeals for the Tenth Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on April 10, 2017.

 

Brett M. Kavanaugh, Associate Justice, was born in Washington, D.C., on February 12, 1965. He received a J.D. from Yale Law School in 1990. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
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The Lowest Low in American Politics Just Happened

I have thought many times over the past year that our political landscape couldn’t get any worse. Every time I was wrong–it got worse. The past week has been the worst yet. I never thought I would see America’s top liberal leaders stoop so low. Now, a Republican Senator has given the Democrats another week to wield a death blow to a dying confirmation process. This is the new low of the left’s destructive hold on America.

I do believe Dr. Ford experienced some kind of traumatic sexual assault as a teen. Surely no one could lie with such passion if she really didn’t think in her heart and soul that it happened as she told it. However, evidence, or lack of evidence, convinces me that somehow a psychological manifestation has twisted the facts in her personal remembrance of the experience. I also, believe Judge Kavanaugh is truthful as clearly evidenced by testimony, documentation, and reputation.

This week’s farcical circus of a Senate confirmation for Judge Kavanaugh has made a sham of fundamental Constitutional law. The two most basic principles of American law are innocent until proven guilty and the burden of proof is on the accuser. Yet, with no corroboration of the accuser’s allegation and overwhelming testimony to the innocence of the accused, the Senate Democrats have done everything imaginable to bestow sainthood on the accuser and demonize the accused.

America anticipated a fair hearing. What was played out in the homes of millions of viewers was deceptive politics, ego mania, partisan maneuvering for the mid-term election, and hate for the President. All this was done with total disregard for the toll it took on the lives of the two people testifying. It was never about Kavanaugh and Ford. It was about the leftist egoists on the committee and their panic attack over the potential return of the Supreme Court to the Constitution.

At the conclusion of the highly charged and embarrassing hearing, reasonable minds were about to prevail in what should have been a committee vote to proceed and a likely floor vote to confirm. Then, the bombshell. Republican Senator Flake, under extreme pressure from a Democrat close friend and a few radical women, brought the rightful move toward timely confirmation to a screeching halt. An additional FBI investigation the Democrats had been screaming for all week, but just short of getting, was handed to them on a platter–by a Republican. That gave two other Republicans a pass to jump on the bandwagon of redundant investigation.

The week-long delay for yet another FBI investigation of spurious accusations will have little to do with getting to the truth, and everything to do with Democrats buying time to think up another tactic. Since the hearing didn’t swing enough votes to deny the President’s nomination despite their theatrics, the Democrats desperately needed time to regroup. Over the next week, don’t expect to see the Democrats sit quietly awaiting the FBI report. We will see a feeding frenzy of hundreds of fanatics dispatched from sea to shining sea to find something, anything, that could possibly support their objective or justify further delay. When the week ends, we will see the Democrats with all kinds of reasons to demand further time. Their immediate objective is to avoid a floor vote until after the election in hopes of that big blue wave. Their ultimate objective is to deal a devastating blow to the President. Participation by Democrats in the whole confirmation process has been a means to that end.

If the vast majority of Americans can’t see this for what it is, we are in even bigger trouble than I had thought. A huge liberal-socialist faction has been mushrooming in this country for several years led by a liberal bureaucracy and fueled by the liberal media. Their agenda is to transform America into an immoral, socialist, atheistic society that will destroy us from within. It is becoming more than a conservative President and a few truly conservative Congressmen can defend against. I’m becoming less confident that the good people in this country will have the stomach and back bone to protect and preserve our democracy and freedom for their children and grandchildren.

My only real hope is that I know the all-knowing God isn’t fooled by any of this. His will ultimately prevails. But the scriptures teach that He works through His people. The vote is the most powerful weapon we have. Encourage everyone you know to keep America strong by voting for brave, unwavering, and godly men and women to represent us. Men and women who will stand up for the Constitution and our time-proven principles and values.

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Post-Blue-Wave America

The historical shift away from the President’s party in midterm congressional elections will happen eight weeks from now if conservatives don’t storm the voting booths in record numbers. It’s all about turnout, and the liberals are building momentum. If conservatives fail to uncharacteristically overwhelm the polls, here is what post-blue-wave America will look like:

The Democratic majority in the House will reinstate Nancy Pelosi as Speaker of the House.

The Democratic majority in the Senate will elect Chuck Schumer as Senate Majority Leader

Congress will immediately begin the impeachment process for President Trump. He will not be removed from office, but the process will supersede all other congressional initiatives for months rendering the presidency almost powerless.

All White House proposals will be dead on arrival in Congress, and all conservative bills will die in committee for the next two years.

The Trump tax cuts will be reversed resulting in economic downturn, stalled GDP growth, recession, and rocketing unemployment.

The Socialism preference of the majority of Democrats (57% according to last month’s Gallup Poll) will begin to shift our nation away from Capitalism and toward Socialism as Senators and Representative appease their constituents. The likes of Bernie Sanders and Alexandria Ocasio-Cortez will be the new faces of the majority Democrat Party.

Any future Supreme Court nominee–and there will likely be at least one more from this President–will not be approved by the Senate. Any vacancy in the Court will probably not be filled during the remaining term of this presidency.

The present rate of movement to the extreme left by radical liberals will increase exponentially on its way to becoming the established culture of the nation.

Illegal immigration will go virtually unabated with open borders, the U.S. Border Patrol and ICE will be severely weakened, and sanctuary cities will grow under government protection. All illegal immigrants will be offered amnesty and citizenship. Criminal activity by illegal immigrants will flourish.

Liberalization of social issues will see America lead the world in abortion, gay marriage, transgender rights, political correctness, suppression of religious freedom, disrespect for family values, etc.

National defense will be weakened as investment in military modernization and growth is reversed making America more vulnerable to Russia, China, Iran, and North Korea.

The Second Amendment will be largely disregarded as restrictive federal gun control laws are enacted.

Much greater dependence on the government by individuals will be the result of free higher education, free child care and preschool, Obamacare expansion, more people qualified for food stamps, etc. This will increase the national debt and raise taxes significantly.

The minimum wage will increase to $15.00 which will shoot prices upward on all goods and services, launch abnormal inflation, and increase interest rates.

This list is just a small sampling of America under a new radical Democrat majority government. It will not be the Democrat majority Congress of the Clinton years, or even of the Obama years. This will be a new breed of liberal Democrats who have shown their colors clearly in just the last few years. The Neo-Democrats are waging a cultural war to destroy America from within as most of us know it. The Kavanaugh hearings gave us just a hint of what to expect. Conservatives have the ability to ensure this fanatical take-over of America never happens. It is as simple as every conservative in America voting on November 6th. If you’re disappointed in some of the attributes of President Trump, as I am, don’t let that have any bearing on how you vote or whether you vote. You’re not voting for a president; you’re voting for maintaining a congressional majority of conservatives. You’re voting for the very soul of America.

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Reshaping the Supreme Court

The main reason many voted for President Trump is about to be justified for the second time in 18 months. The president’s nomination and Senate confirmation of Justice Kennedy’s replacement will change the dynamic of the Supreme Court significantly. Let’s examine the Court’s current makeup and how this new justice will impact America.

America’s highest judicial body, the Supreme Court, consists of nine justices nominated by the president and confirmed by the Senate. Presently, they are (above, front row, left to right) Ruth Bader Ginsburg, Anthony Kennedy, John Robert (Chief Justice), Clarence Thomas, Stephen Breyer, (back row, left to right) Elena Kagan, Samuel Alito, Sonia Sotomayor, and Neil Gorsuch.

Although justices and judges are supposed to be unbiased in their decisions based on the letter of the law and legal precedence, they are human with principles and values shaped by life experiences, education, and environment. Four of these justices, Robert, Thomas, Alito, and Gorsuch usually lean to the conservative view of sociopolitical issues. Four of the others, Ginsburg, Breyer, Kagan, and Sotomayor lean mostly to the liberal view. Justice Kennedy, a conservative nominated by Reagan, often favors the liberal view in decisions and has been labeled the “swing vote.” So, many Court decisions are 5-4 with Kennedy breaking the tie in favor of either a liberal or conservative ruling. Recently, he was the deciding vote in favor of gay marriage and abortion rights.

With Justice Kennedy’s resignation, President Trump’s choice will be a stronger leaning conservative. This should portend a 5-4 decision favoring the conservative world view on many more issues. If any of the justices are considered a swing voter in future rulings, it will probably be Justice Robert who is a stronger conservative than Justice Kennedy.

Then, there is considerable likelihood that Justice Ginsburg will resign voluntarily or due to poor health during President Trump’s term in the White House. She is 85 (Justice Kennedy was 81). She is the most staunch liberal on the Court. That would result in a conservative majority of 6-3, or 5-4 with a swing vote toward the liberal side. The president will nominate a relatively young justice. His nomination of Gorsuch seated the Court’s youngest justice at age 50. Therefore, 5 or 6 strong conservative justices should be on the bench for many years.

This is a tectonic shift from the liberal-leaning Supreme Court of the last few decades. It will be a reversing trend away from liberal rulings on social issues such as abortion, gay marriage, LGBT rights, prayer in schools, religious freedom, universal health care, immigration, etc. Legislation from the bench will be returned to its rightful place in the legislative branch. The Constitution now often viewed as an evolving living document will be reinterpreted by the Court as a firm foundational standard.

Because of this judicial shakeup, the liberals are apoplectic over this nomination. Many liberal leaders are calling for voters to deluge the Senate with insistence that they oppose any and all nominations from President Trump. Suddenly, Roe v. Wade has become the most important legal precedent in America. Look for the wildest confirmation process in the history of Supreme Court nominations. Fortunately, conservatives can thank former Senate Majority Leader Harry Reid and the Obama administration for declaring the “nuclear option” in a previous justice confirmation when it benefited liberals. This procedural option of requiring a simple majority of 51 votes rather than a super-majority of 60 votes is now the precedent for confirmations. It will also eliminate the filibuster.

The long-term positive impact of this administration’s second new justice (and perhaps a third new one soon) on the survival of America as a free capitalist republic is immeasurable. Thank God for the election of 2016 and pray for a continuing conservative White House and congressional majority.

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