Tag Archives: John Paul Stevens

Matters of Principle by Gary Hart

Posted by: Betsm

Op-ed by Gary Hart

Gary HartThomas Jefferson said that to expect a man [today he would say person] to hold the same views throughout life, while life changed all around him, was like expecting a man to attempt to wear the same clothes he wore as a boy.

That observation came to mind in reading one commentary on the judicial life of retiring Justice John Paul Stevens. It was observed that he was not asked one question about his views on abortion during his confirmation hearings and that as a Republican nominee he was unanimously confirmed by a Democratic Senate (of which I was a member). During his lengthy service on the Court he changed his views on a number of key issues, not least on the death penalty.
This is obviously surprising, if not stunning, in two regards: the Court has become an ideological tug-of-war principally in the past three decades, and politics has become inhabited by people who cannot or will not change their minds on virtually anything as life changes around them.

This has to do in part with the theme of this blog: principles should not be changed, but what Jefferson called “style” can be. Certainly for some people, on both sides, matters such as abortion, the death penalty, and related social issues are matters of principle. But, in the case of the death penalty, Justice Stevens view on the matter changed because he came to see how poorly and unjustly it was being administered. The lesson has to do with the gap between principle and practice: in an ideal world, only mad-dog killers are executed; in practice, in the real world of fallible (or ideologically motivated) human beings, too many innocent people are executed. Experiencing this difference can cause thoughtful people to change their views, while still holding onto principle.

Like most of the ruminations on this blogsite, this is a matter for lengthy discussions well into the night. What some might draw from it, however, is to hope for judges and policy-makers who are open to changing circumstances, mind-changing experiences, the evolution of human events, new evidence and information, and a temperment that is willing to question old assumptions.

Many, but certainly not all, of the large figures I was honored to serve with in the 1970s, when a Supreme Court justice could be unanimously confirmed and before the ideological wars began in America, were people perfectly capable of learning, thinking, adapting to new evidence, and, in a word, growing. Thereafter, things began to change.

Our nation will not resume its mainstream course forward until we learn to put leaders who are capable of learning on the job, and who possess a judicial temperment, back on the judicial bench and in the Congress.

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Filed under Change, Politics, Pres. Barack Obama, Supreme Court, Uncategorized

Obama Gets 2nd Supreme Court Nomination, Stevens Retiring

cross-posted from T-Time

Supreme Court Justice John Paul Stevens retiring

WASHINGTON (AP) – Supreme Court Justice John Paul Stevens, the court’s oldest member and leader of its liberal bloc, is retiring. President Barack Obama now has his second high court opening to fill. Stevens said Friday he will step down when the court finishes its work for the summer in late June or early July. He said he hopes his successor is confirmed “well in advance of the commencement of the court’s next term.”

Stevens’ announcement leaves ample time for the White House to settle on a successor and for Senate Democrats, who control a 59-vote majority, to hold confirmation hearings and a vote before the court’s next term begins in October. Republicans have not ruled out attempts to delay confirmation.

Stevens’ announcement, which came 11 days before his 90th birthday, had been hinted at for months. It’s presumed Obama will nominate another liberal, so Stevens’ departure wouldn’t alter the court’s philosophical makeup.

Obama promises quick court replacement for Stevens

AP Photo

WASHINGTON (AP) – The retirement of John Paul Stevens, the Supreme Court’s leading liberal but a justice who also could find conservative allies, will set off an election-year political battle over President Barack Obama’s second high court pick. Stevens said Friday he will step down when the court finishes its work for the summer in late June or early July. He said he hopes his successor will be confirmed “well in advance of the commencement of the court’s next term.” Obama hailed Stevens as an “impartial guardian of the law” and promised to move quickly to nominate a replacement.

more:  Potential Supreme Court Nominees: White House Prepared for Stevens Retirement

Biography of:  Justice John Paul Stevens

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The Death of U.S. Political Democracy For The People

Posted by: LibbyShaw

Will the Senator from Wal-Mart please yield to the Senator from Halliburton? The Congressman from Black Water has 5 minutes remaining before the Congresswoman from United Health may speak.

Mark your calendars, folks. January 21, 2010 is the day the radical and activist Supreme Court of the United States delivered the U.S. Democracy into the hands of the corporate sector and special interests groups. According to an article in the New York Times corporations, lobbyists and unions can now legally purchase their candidates of choice.

“We have got a million we can spend advertising for you or against you – whichever one you want,’ ” a lobbyist can tell lawmakers, said Lawrence M. Noble, a lawyer at Skadden Arps in Washington and former general counsel of the Federal Election Commission.

The decision yesterday will usher in unimaginable numbers of Swift Boat attack ads. Corporate fat cats can now threaten and bully politicians to do their bidding or else.

“It will put on steroids the trend that outside groups are increasingly dominating campaigns,” Mr. Ginsberg said. “Candidates lose control of their message. Some of these guys lose control of their whole personalities.”

“Parties will sort of shrink in the relative importance of things,” he added, “and outside groups will take over more of the functions – advertising support, get out the vote – that parties do now.”

Front row: Associate Justices Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, and Clarence Thomas. Back row: Associate Justices Samuel A. Alito, Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotomayor.

Some have called the SOTUS decision a power grab that is intellectually dishonest.

In opening the floodgates for corporate money in election campaigns, the Supreme Court did not simply engage in a brazen power grab. It did so in an opinion stunning in its intellectual dishonesty.

Many of those commenting on the decision in Citizens United v. Federal Election Commission have focused on the power-grab part. I agree with them. It was unnecessary for the court to go so far when there were several less-radical grounds available. It was audacious to seize the opportunity to overrule precedents when the parties had not pressed this issue and the lower courts had not considered it. It was the height of activism to usurp the judgments of Congress and state legislatures about how best to prevent corruption of the political process.

“If it is not necessary to decide more, it is necessary not to decide more,” a wise judge once wrote. That was Chief Justice John G. Roberts — back when — and dissenting Justice John Paul Stevens rightly turned that line against him.

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Republicans naturally and predictably love this recent ruling. But of course they would. Republicans embrace and fully support authoritarian forms of government. And the sad truth of the matter is the GOP has always worked for the corporate sector.

It is devastatingly unfortunate that Republican voters have never been able to understand the hard, cold and mean reality of those they elect into office. Politicians take an oath to serve the people in their districts but many merely give their constituents nothing but empty rhetoric. If one were to closely examine one’s Republican lawmakers’ voting records one would find who their elected officials really work for.

My guess is the teabaggers will wraps it head around the reality of the SCOTUS decision like we progressives have, for the only one imperative we do share in common is a collective outrage over the corporate takeover of the U.S. government and its legislative process by special interest groups and corporations.

But unfortunately teabaggers, unlike progressives, are far too easily led astray by the likes of Dick Armey, one of the numerous behind the scenes leaders of the teabagger movement. Armey’s main mission is to promote the interests of the health care industry. He and his organization, Freedom Works, uses teabaggers as its tools.

Republicans and teabaggers alike have been led to believe that the government is the root of everything evil while progressives know that government is the only force that can and will protect us from the evils of self-serving greed mongers of the corporate sector.

We are where we are today b/c the corporate sector has been enabled to run rough shod over the American people. We are broke. There are no jobs. We lost homes. We lost retirement savings. Meanwhile on Wall St. the fat cats who can now purchase politicians get richer by the minute.

Elections have consequences. The nice guy or girl candidate with whom to have a beer could very well be an anti-political democracy devil in disguise who has every intention of throwing the middle and working classes to the lions.

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Oh, and Prince Alwaleed, grandson of the King of Saudi Arabia and the largest individual shareholder in Citigroup and second biggest shareholder in News Corp (Murdock’s FOX “News”) doesn’t like Obama’s tax on the banks.

Who would have thought?

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