Supreme Court Archives - Page 12 of 13

J is for Justices

The only way a Supreme Court Justice can be removed is through impeachment (indictment) by the House of Representatives, and conviction by the Senate.

On the United States Supreme Court, the nine judges are called justices. There have been 110 justices since 1789, with 17 of them having served as Chief Justice, not counting some in temporary positions due to the death or retirement of the Chief Justice.

Someone nominated by the President, and ratified by the U.S. Senate by a majority vote, can serve for life. The idea was that the judiciary not be affected by the whims of pedestrian politics. Not that that hasn’t happened on occasion.

Here’s a list of Supreme Court members. I can tell that this picture was taken after the 2006 retirement of Sandra Day O’Connor, the first woman ever to serve on the high court, replaced by Samuel Alito, and before the 2009 retirement of David Souter. There is a particular order in these pictures. The Chief Justice, in this case, John Roberts, is always front and center, literally. To his left, from your point of view, is the justice with the most seniority, in this case, 2010 retiree John Paul Stevens. To the right of the CJ is the next person in terms of seniority, Antonin Scalia, followed by (far left front) Anthony Kennedy, (far right front) Souter, (near left back) Clarence Thomas, (near right back) Ruth Bader Ginsburg, (far left back) Stephen Breyer and (far right back) Alito.

Here are the biographies of the current Court members, plus recent retirees.

Only four Presidents have never gotten a nomination confirmed: William Henry Harrison, Zachary Taylor, Andrew Johnson (who did try), and Jimmy Carter. Of those, only Carter served a full term as President, though Johnson, who was impeached, nearly did.

And speaking of impeachment, the only way a Supreme Court Justice can be removed is through impeachment (indictment) by the House of Representatives, and conviction by the Senate. And only one justice, Samuel Chase has ever been impeached, though not convicted.

The first Roman Catholic on the bench was Roger Taney (1836), the chief justice who delivered the dreadful Dred Scott decision (1857). The first Jewish person was Louis Brandeis in 1916. So it is interesting that the current court consists of six Catholics, three Jews, and none of the Protestants who had dominated the courts for centuries.

The first black on the bench was Thurgood Marshall (1967), who appeared before the court in the landmark Brown v. Board of Education (1954) anti-discrimination case; Clarence Thomas is the second. Marshall is not the only justice to move from lawyer before the court to justice on the court; e.g., Abe Fortas was the lead attorney in Gideon v. Wainwright (1962), which ruled that state courts are required under the Sixth Amendment to provide counsel in criminal cases for defendants unable to afford their own attorneys.

The first woman, as noted, was Sandra Day O’Connor (1981). There are now three women on the court, and there have been four in total. In the current picture, Thomas and Bader Ginsburg have made it to the front row. The newbies are Sonia Sotomayor, the first Hispanic on the Court (2009), and Elena Kagan.

ABC Wednesday – Round 8

Snyder v. Phelps QUESTIONS

The Westboro Baptist Church is a fundamentalist Christian church that contends that God kills soldiers in Iraq and Afghanistan as punishment for America’s tolerance of homosexuality and for the presence of gays in the U.S. military. When Fred Phelps and his band came to Albany, NY a couple years ago, protesting across from the high school, for reasons that were unclear to me, I gladly joined the counterdemonstration. “Despicable” is possibly the kindest word I could use for him.

“Albert Snyder’s son, Lance Corporal Matthew Snyder, was a U.S. Marine who was killed on March 3, 2006, during active service in Iraq. His body was returned to the United States, and his family held a funeral for him on March 10, 2006, in Westminster, Maryland.

“Westboro Baptist Church pastor and founder Fred Phelps and members of his congregation picketed Matthew’s funeral, holding signs expressing anti-gay, anti-American, and anti-Catholic slogans…”

Fred Phelps

Synder sued Phelps and his church in 2006, and won in 2007, but, on September 24, 2008, “The Fourth Circuit issued an opinion reversing the judgment of the district court and vacating the jury award. The appellate court found the Phelps’ speech (both website and picketing) protected by the First Amendment.”

Now the case is in the US Supreme Court. The question is: Does the First Amendment protect protesters at a funeral from liability for intentionally inflicting emotional distress on the family of the deceased?

So my questions are these:
1. How should the high court rule?
2. How WILL the high court rule?

Frankly, my answer is that the Court may decide this case on very narrow grounds, ducking the greater issue. Making the case for emotional distress – which no doubt Mr. Snyder experienced – did not happen because he saw the protest at the funeral. Phelps was required to stay a distance away, and he complied. The funeral route was altered to avoid the Westboro folks. Mr. Snyder saw the reports of the protest on television only after the fact.

Perhaps it’ll be 4-4 on the broad issue, and that the deciding vote, ruling on the narrow specifics of this case, will end up being a Phelps victory. I’m a big First Amendment fan, but I won’t be celebrating, though I’m afraid it may be the right thing Constitutionally. In fact, this TIME magazine article makes me think it’ll be more like 8-1 or 7-2 in favor of Phelps.

L is for Loving Day

As late as 1987, a full 20 years after the Loving v. Virginia ruling, only 48% of Americans said it was acceptable for blacks and whites to date. That number has since jumped to 83%, according to the Pew Research Center.

I can’t believe I missed it. OK, until I read about it in TIME magazine, I’d never even heard of it, though it’s been going on for a half dozen years. There’s a group that has called for Loving Day Celebrations around June 12th each year “to fight racial prejudice through education and to build multicultural community.”

The celebration is named for Mildred Jeter and Richard Loving, who had the audacity to fall in love with each other. Unable to get married legally in their native Virginia – he was white, she was black – they got hitched in Washington, DC and “established their marital abode in Caroline County”, Virginia.

Ultimately, on “January 6, 1959, the Lovings pleaded guilty to the charge” stemming from their interracial marriage, “and were sentenced to one year in jail; however, the trial judge suspended the sentence for a period of 25 years on the condition that the Lovings leave the State and not return to Virginia together for 25 years. He stated in an opinion that:

“‘Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement, there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.'”

The Lovings moved to DC, and in 1963, took legal action against the state of Virginia. Meanwhile, Mildred Loving also wrote to US Attorney General Robert Kennedy for assistance, and he referred the Lovings to an ACLU lawyer who took the case pro bono. The Lovings lost at every court, with the primary reasoning being that “because its miscegenation statutes punish equally both the white and the Negro participants in an interracial marriage, these statutes, despite their reliance on racial classifications, do not constitute an invidious discrimination based upon race.”

However, their case made it to the US Supreme Court, and on June 12, 1967, the Supreme Court unanimously ruled, in Loving v. Virginia, that the anti-miscegenation laws of Virginia and 15 other states were unconstitutional. Chief Justice Earl Warren, writing for the Court, concluded:

These statutes also deprive the Lovings of liberty without due process of law in violation of the Due Process Clause of the Fourteenth Amendment. The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.

Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.

These convictions must be reversed.

Interestingly, the polling I’ve seen suggests that at the time of the ruling, less than 30% of Americans favored mixed marriages. From TIME:

As late as 1987, a full 20 years after the case, only 48% of Americans said it was acceptable for blacks and whites to date. That number has since jumped to 83%, according to the Pew Research Center. In 2010, the center estimated that 1 in 7 new marriages in the U.S. is now an interracial coupling. In 1961, the year Obama’s parents married, only 1 in 1,000 marriages included a black person and a white person; today, it’s 1 in 60.

In statistics for 2008, 14.6 percent of all marriages were between spouses of different races.

In 2010, there is a Republican running for Congress, Jim Russell, who wrote in 2001, “In the midst of this onslaught against our youth, parents need to be reminded that they have a natural obligation, as essential as providing food and shelter, to instill in their children an acceptance of appropriate ethnic boundaries for socialization and for marriage.” I wrote about him extensively here, and he is hardly alone. So I guess the Loving Day folks still have much work to do.
***
Pete Seeger – All Mixed Up

ABC Wednesday – Round 7

Marriage QUESTIONS

Please someone explain to me, how does gay marriage supposedly threaten heterosexual marriage?

I went to a wedding last weekend, a lovely affair. But a couple weeks earlier, there was a party, and at least one of the guests used that “ball and chain” language that I THOUGHT went out of fashion last century.

It seems to me that marriage IS under attack, usually by people who are in it. The standard, now a cliched statement from straight people in “support” of gay marriage is something like: “Why shouldn’t they have a chance to be as miserable as we are?” Meh.

I’m curious about how this Prop 8 case will work out. If it is not appealed, then gay marriage would be permissible in California. If it IS appealed, and Prop 8 is ruled unconstitutional, then gay marriage would likely be permissible in all of the Ninth Circuit. And if the case goes to the Supreme Court, which most people think is inevitable -though I’m not sure, and Prop 8 loses, gay marriage could be legal across the country. BTW, you can read the transcript of Perry vs. Schwarzenegger HERE.

My thought about the case NOT going to SCOTUS is that if the Prop 8 supporters thought they were going to fail there, perhaps they would cut their losses earlier. Also, there’s the matter of standing; as Arthur and Jason noted in their 2Political podcast recently, only certain parties are allowed to appeal. As the named defendant, California Governor Arnold Schwarzenegger could appeal, but based on his support for gay marriage, that’s unlikely to happen.

In the “it would upset me if it weren’t so predictable” department, Human Rights Campaign reports that at one of their rallies on their anti-equality summer tour, the president of the far-right National Organization for Marriage (NOM) had the gall to compare their bigoted cause to that of Dr. Martin Luther King, Jr. “What if Martin Luther King, Jr. would have listened to those who tried to silence him and tell him that his faith has no place in the public square?” he asked. He then told the crowd they were “part of a new civil rights group.”

Conversely, here’s a tongue-in-cheek literal reading of Leviticus 20:13 making gay sex Biblically OK.

So, my questions:
1) Is the culture hostile to marriage? This could be anything you have in mind, from inflexibility in the workplace to tax laws.
2) Would it be better if marriage were separated as a legal function of the church, allowing churches the ability to give their religious blessing, similar to what is being espoused here? I appreciate the point, but, as a matter of strategy, I’m very much against it. Removal of the state function of marriage – and is IS a state function, as in “By the powers invested in me by the state of New York” – runs so contrary to centuries of embedded precedent that it will inevitably be perceived as an attack on the church, even by many who are supportive of gay marriage.
3) Please someone explain to me, how does gay marriage supposedly threaten heterosexual marriage? Seriously. Not how you feel, but what the argument is. Is it that…no, I really don’t know.
4) Will the Perry case make it to the Supreme Court? If so, how will the court rule? I’ve convinced that they will rule to overturn Prop 8.

S for Severed States

The part of Missouri Compromise allowing Congress control of slavery in the newly emerging territories was declared unconstitutional.

I saw this article recently in the Wall Street Journal about some people on Long Island wanting to secede from the rest of New York State for a bunch of reasons; it won’t happen, BTW, because the state legislature wouldn’t allow it. But it reminded me that the 50 states in the US were not always the size that they are currently.

Even before there was a United States, Massachusetts, New Hampshire, and New York all insisted that Vermont was a part of their state. That’s why Vermont declared itself a kingdom in 1777, and Vermonters to this day refer to the state as the “Northeast Kingdom”, though it became the first state after the original 13.

In the early days of the Union:
Connecticut laid claim on a piece of what is now northern Ohio
Kentucky would be carved out of what was part of Virginia
*Georgia included the northern portions of what is now both Alabama and Mississippi

Of course, the Louisiana Purchase changed the equation, with the federal government attempting to control all the unincorporated territories of the country, sometimes with resistance at the state level.

Read about the Wisconsin-Michigan kerfluffle.

What is now Maine was once part of Massachusetts, plus some territory claimed by Britain as part of Canada. Maine (free) and Missouri (slave) became states in 1820 and 1821, respectively, I remember from my American history, as a result of the Missouri Compromise of 1820, which “stipulated that all the Louisiana Purchase territory north of the southern boundary of Missouri, except Missouri, would be free, and the territory below that line would be slave.”

The Missouri Compromise was repealed by the 1854 Kansas-Nebraska Act, which brought those states into the Union but eliminated the provision limiting slavery. Indeed, the part of the Missouri Compromise that allowing Congress to control slavery in the newly emerging territories was declared unconstitutional in the horrific 1857 Dred Scott decision by the Supreme Court.

This led to the American Civil War, during which the northwest counties of Virginia seceded from Virginia to become West Virginia. (WV is the answer to the trivia question: “Which state east of the Mississippi River was the last to join the union?”

Read about some of the United States’ international boundary disputes here, and about the curious case of the Republic of Texas here.

ABC Wednesday