On Justice Kennedy’s Retirement – Untimely and Unfortunate for the Nation?

There are probably more Americans suffering from illnesses such as heart conditions, high blood pressure, and associated neurological and other conditions brought on my stress and related factors since the November 2016 campaign and election, and the emergence of Donald J. Trump as the 45^th President of the United States. Well, the number of Americans suffering from these illnesses and symptoms as a result of the drastic Constitutional and governmental changes that have accompanied Donald J. Trump is about to increase as Justice Anthony Kennedy announces his retirement and exits the Supreme Court, the nation’s highest court. President Trump has been on a winning spree since the week of June 25, 2018, with the Supreme Court holding his Travel Ban 3.0 constitutional, and now Justice Kennedy giving him a well-desired opportunity to shift the balance of the Supreme Court all the way to the right. Those Americans concerned about the following issues must worry terribly: marriage equality, immigration, First Amendment rights, Second Amendment rights, abortion, and several other issues that have played as longstanding divisive issues in creating disunity and conflicts across the American landscape.

We are not certain what Justice Kennedy was thinking when he made the decision to retire from the Supreme Court since he seems quite healthy and could have stayed until his last breath. What we are certain of is that it represents a worrisome day, not just for struggling Democrats, but for the nation as a whole. With the assertion of vague presidential authority stemming from the recent 5-4 decision concerning the Travel Ban 3.0, President Trump’s opportunity to place another justice on the Supreme Court will become another shield for his authoritative and constitutionally questionable behaviors and decisions. It is a reality that Donald J. Trump is the 45^th President of the United States, and it is a reality that his behaviors and actions are great causes for concern for both Republicans and Democrats, as well as for those who are Independents, and those without political or party affiliation and devotion. Given this concern, not only nationally, but globally, the opportunity to have another Neil Gorsuch on the Supreme Court could further empower President Trump in ways detrimental to how he wields his power and authority to affect democracy, this nation’s republican form of government, and even the value and reverence of the Constitution.

Given the above, one can fully understand why Justice Kennedy’s retirement to which he is wholly and legally, personally entitled, can become questionable as a matter of patriotism, as a matter of love of country, and as a matter of care and concern for the things he has held dear as a preserver of American Constitution, and hence democracy, and the rights of the American people. While it is indeed difficult to understand what Justice Kennedy was thinking throughout the “considerable time” he had to make this decision, one must wonder if Justice Kennedy’s decision is not premature given the uncertainties and chaos that have accompanied President Trump to office so far, and the ensuing constitutional crisis, which is both ongoing and becoming increasingly complex. Whatever the case, we must wish Justice Kennedy great health and a long life after retirement, and demonstrate appreciation for how much this great American has loved and contributed to his nation, the Constitution, individual rights, and democracy.

About the Author

Dr. Donovan A. McFarlane teaches in the fields of Political Science and Public Administration to include courses on American Government, The Presidency, and Public Policy. He has extensively taught in the fields of Business and Management at the undergraduate and graduate levels. Some of the major courses he has facilitated include International Business, Organizational Behavior, Marketing, Strategic Management, among other courses. He currently writes articles in several areas for his Blog, Forum of Business, Organizations, and Society (FOBOS): http://businessorganizationssociety.blogspot.com/

Travel Ban 3.0: Are the Supreme Court Justices out of their Flipping Minds?

Trump’s Neil Gorsuch finally rewarded his master for his appointment and favor in landing him an associate justice job in what was no doubt the nation’s highest hall of justice until today, June 16, 2018. Today, The Supreme Court of Donald J. Trump [as it can no longer be deemed “The Supreme Court of the United States”] made a 5-4 decision to uphold the Trump Travel Ban against seven (7) countries: Libya, Iran, Somalia, Syria, Yemen, North Korea, and Venezuela. Some of these nations are predominantly Muslim. Trump has finally got his wish in banning people from these “shit-hole countries” [Trump’s language here].  The Supreme Court of Donald J. Trump has reversed a decision by the lower court, upholding Travel Ban 3.0, since 1.0 and 2.0 were struck down. This is not only a surprising verdict from what was formerly the nation’s most conscientious court, but a sad day for the United States and those citizens and residents of the seven nations against which the Travel Ban was upheld. This will certainly affect international students and nations from these nations who are residing in the United States, and who may have family, property, or other interests in the U.S. Trump must be swimming in his own saliva of caustic self-congratulation at this time – hopefully he will not stay afloat, giving all of us relief from his roller coaster presidency. In fact, even Trump himself was surprised by the verdict as evident from one of his simplest and most grammatically correct tweets thus far: “SUPREME COURT UPHOLDS TRUMP TRAVEL BAN. Wow!”

            The former Supreme Court of the United States has certainly made an error, and in the words of Donald J. Trump, a “bigly” one. This will set the tone for further hostile language and discrimination against immigrants, harassment at airports, and create further tensions across the board. Trump has dubbed the ruling “a tremendous victory” – a tremendously hugely one sir!  The former Supreme Court cited “rational basis” and “legitimate state interests”. The dissent was entered by the following four sensible justices: Justice Ruth Bader Ginsburg, Justice Sonia Sotomayor, Justice Stephen Breyer, and Justice Elena Kagan. Justices John Roberts, Anthony Kennedy, Clarence Thomas, Samuel Alito and Neil Gorsuch constituted the majority opinion. In terms of the outcome, the most surprising from among these five justices is that of Clarence Thomas, as it is expected that Gorsuch will always side with his lord and master. However, minorities were certainly hoping they would see Thomas switch from his nonsensical conservatism to support minorities.

Chief Justice John Roberts who voted for upholding the Travel Ban 3.0 seems to have forgotten to take his epileptic medication, when one listens to his reasoning. The decision, while his argument deflects from broader and more serious implications, seems to focus only on upholding vague presidential authority. A pre-law college student could have provided a better reasoning than what Roberts provided, as Roberts’ reasoning was wholly devoid of consequences for democracy, America’s republican form of government, and the Constitution. Let’s continue to watch this epic movie and see what happens in the weeks and months, and even years to come!

Over and out!

About the Author

Dr. Donovan A. McFarlane teaches in the fields of Political Science and Public Administration to include courses on American Government, The Presidency, and Public Policy. He has extensively taught in the fields of Business and Management at the undergraduate and graduate levels. Some of the major courses he has facilitated include International Business, Organizational Behavior, Marketing, Strategic Management, among other courses. He currently writes articles in several areas for his Blog, Forum of Business, Organizations, and Society (FOBOS): http://businessorganizationssociety.blogspot.com/