Yesterday’s E Blast contained a letter to the editor from Rick Boettger. Rick raised an interesting question apparently triggered by my Key West Lou Commentary in this past Wednesday’s KONK Life edition concerning the Disintegration of Our Legal. System. Therein, I made mention of the Supreme Court falling down on the job.
Rick raised some questions regarding Court composition and the banning of same sex marriages. The first had to do with the Court looking to add more conservative judges so as to ban same sex marriage nationwide.
I doubt the next Supreme Court appointee will be a Republican/conservative. The President nominates and the Senate confirms. If a vacancy occurs in the next two years, Obama will nominate. Supposedly a Democrat or person with liberal leanings.
Moving a step further, the 2016 Presidential election will probably see the election of another Democrat President. My opinion, I recognize. However, the Republicans have dug themselves such a hole, I doubt they can win nationally in the near future.
The Senate becomes the key. The Senate gives advise and consent. It must approve the nominee. The present Senate contains a Democrat majority. Though difficult, I believe Obama could get a liberal designee through.
The immediate problem is this year’s elections. If the Republicans gain control of the Senate, it could take forever to approve any nominee. In such circumstance, my impression is Obama would appoint a moderate. Party designation would be immaterial. He would appoint a moderate. Someone close to the center line and hope the new Justice would vote favorably for same sex marriage.
If the worst were to occur and a true Republican/conservative court results and bans same sex marriage nationwide, what happens to those marriages legal at the time performed performed. Are the marriages rescinded, grandfathered in, or what?
Normally, matters that occur while a law is legal receive the benefit of grandfathering. On the other hand, there have been instances where not. An extreme example involved slavery. By Emancipation Proclamation, laws following, and court decisions, slaves were deemed to be free persons. They were slaves before, however. Here the law took away something that had been accepted fact for over a half century. Slave owners were divested of their property.
I believe that the real power in our country is the Supreme Court. Decisions in the last twenty years bear proof. Truly are the court of last resort.
The Court’s thought process is dominated by and favors the 1 percent. The Court’s composition must be changed to correct that fact. The 5-4 Republican/conservative block must be 5-4 Democrat/liberal. Hopefully, even more over the next six years.
If not, I fear for the stability of our Nation. The country is on the edge of a cliff. A people will not permit their rights to be stomped upon forever.
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In your commentary, you state: “The present Senate contains a Democrat majority. Though difficult, I believe Obama could get a liberal designee through.” This statement makes me question just how closely you are following the current political state in America, and just how informed you are of the workings of our government. Regardless of whether or not the Senate contains a Democrat majority, there is absolutely no way Obama would ever get a liberal designee through the Senate, because: (1) his name is Obama; and (2) because of a little thing called the filibuster. Unless the Democrats manage to gain a 60 seat super majority in the Senate, which is not even in the realm of possibility, Obama will never get a liberal on the Supreme Court.