Supreme Court – What Outcome?

July 1, 1991 – President George H. W. Bush nominates Clarence Thomas as a Supreme Court Justice. Credible evidence of past sexual harassment by Thomas was presented in his hearings, yet he was confirmed by the narrow Senate vote of 52-48, the closest confirmation vote since 1881.

Oct 30, 2008 – Senator Obama opposes Alito nomination by President George Bush, stating,  “…there’s no indication he’s not a man of great character. But when you look at his record – when it comes to his understanding of the Constitution, I have found that in almost every case, he consistently sides on behalf of the powerful against the powerless; on behalf of a strong government or corporation against upholding Americans’ individual rights.”

February 13, 2016 – Justice Antonin Scalia dies. The Senate under Mitch McConnell refuses to take up any nominations by President Obama.

July 9, 2018 – Trump nominates Brett Kavanaugh to Succeed Anthony Kennedy on the Supreme Court. Late in the hearings, credible testimony of sexual assault was heard. The confirmation vote was postponed pending a one-week FBI investigation. Ultimately, Kavanaugh was confirmed by a vote of 50-48.

October 8, 2024 – Following a 6-year investigation, the Senate Judiciary Subcommittee issued a report on the Kavanaugh FBI investigation, with Chairman Senator Whitehouse stating, “This report shows that the supplemental background investigation was a sham, controlled by the Trump White House…”

July 1, 2024 – The Supreme Court rules on Presidential immunity – absolute immunity for certain official acts, a presumption of immunity for all other official acts, and no immunity for unofficial acts. The decision significantly clouds a number of charges pending against Trump and clearly delays any further proceedings until after the election. The 6 Republican justices supported the decision, the 3 Democrat appointees dissented. Chief Justice Roberts authored the majority opinion, joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

In her dissent, Justice Sotomayor stated the decision makes “a mockery of the principle, foundation to our Constitution and system of Government, that no man is above the law”.

November 6 to December 26, 2024 – It is highly likely that the results of this election will not be concluded easily or timely. It is further likely that the ultimate determination will be decided – Where?

And will the outcome look something like this:

December 26, 2024 – By a 5 to 4 vote, The Supreme Court issues the following decision, written by Justice Alito: “The current situation before us today is completely without precedence in the history of the United States. It is unlikely that all, or even many, of the issues raised in these numerous lawsuits will soon be resolved, if ever. Yet it is imperative that the country move on and that our leadership be confirmed. Therefore, all lawsuits brought relative to the 2024 election have been consolidated under today’s finding. Trump is the winner by a majority of 271 to 269 electoral votes.”

The dissent written by Justice Sotomayor is also unlike any other, as she includes details in the inner workings of the Court: “Exactly one meeting of the Justices of this Court was held in the deliberation of this most critical issue in our nation’s history. Chief Justice Roberts began opening remarks regarding the tremendous weight of the Court’s burden in addressing the election issues – and outcome. The Chief Justice was interrupted by Justice Alito who said this, ‘In all due respect, I think it would be expedient to take a straw poll as to our decision. All those who agree that Trump wins say ‘Aye’.’ Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett did so say “Aye”, whereupon Justice Clarence Thomas excused himself from the meeting. Justice Alito then stated that based upon this vote, he would begin to draft the opinion, which draft has become the final opinion you see above. With little regard to those of us in the minority imploring the Court to consider the issues and importance before us, very little exchange was forthcoming. Exasperated, Justice Roberts adjourned the meeting after less than one hour. His attempts toward further meetings were futile. This is no longer the Supreme Court, the third and independent branch of the government of the United States under the Constitution.”