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Justice Ruth Bader Ginsberg, the oldest person on the U.S. Supreme Court dies at 87. The U.S. Supreme Court is unique in that there is no retirement age as in India and other countries. She died of pancreatic cancer. She is one of the rare jurists in that she continued to work almost to the end. She was unique in other ways because she got along well with colleagues on the court of different persuasion. Justice Scalia who was the complete opposite in thinking and views than Ginsburg said that this did not matter much as Ginsburg was "fun to be with." Former president Clinton nominated Ginsburg in 1993. Recently Justices Gorsuch and Kavanaugh joined Roberts, Alito, and Thomas,  for a 5-4 majority on the court for conservatives. Ginsburg was a woman's rights advocate in the 1970's. She will be missed mostly for her vigorous personality and feisty attitude to life working and being active even with her health condition. The death of Ginsburg means that the court is now deadlocked with 4 to 4 and no majority for conservatives or liberals. The country has also changed. Both conservatives and liberals claim they uphold the constitution of the country. Ginsburg saw this as the inclusiveness the founders intended- for women, and minorities. The conservatives see this also from the vantage of inclusiveness as the country has splintered into those who are largely college educated and tech savy, and the high school educated and less tech savy more rural and in small town that lost jobs and social services from the shift of manufacturing to China. The conservatives  see the lack of inclusiveness for the rural communities and small towns left out in the tech booms of the last three decades and shift of manufacturing overseas. Cultural attitudes add another layer to basic economic issues and a sense of alienation on both sides. In this climate and with an approaching election in 41 days the Republicans want to nominate their conservative choice supported by their Senate majority, and the Democrats want to block this appointment till after the election.   ...

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Amy Coney Barrett and Barbara Lagoa are two judges Mr. Trump is considering for appointment to the U.S. Supreme Court to replace Justice Ginsburg, as he proceeds to nominate a Justice "without delay." 

Barrett is a Judge who has served for 2 years on the 7th Circuit Court of Appeals. She is a devout Roman Catholic and a legal scholar from Notre Dame University in Indiana. Lagoa is a judge on the 11th Circuit Court of Appeals and the first Latina on the Florida Supreme Court. Trump's nominee is likely to be confirmed quickly by the Senate as Republicans have 53 members in the Senate from a total of 100 members. Democrats want the nomination to be done after a president is elected in January 2021.

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Irin Carmon, author of "Notorious RBG: The Life and Times of Ruth Bader Ginsburg," says Ginsburg and Scalia showed that working together at the U.S. Supreme Court was possible, even with very different opinions in interpreting the law. Ginsburg and Scalia were friends, and shared similiar background, coming from boroughs of New York, both law professors, and both judges at the U.S. Court of Appeals for the D.C. Circuit. Both loved Opera performances. On issues such as women's rights, rights of minorities, gay rights, Scalia and Ginsburg were on opposite sides. Yet both enjoyed a long friendship. Scalia went so far as to say that if one disagreed with a colleague on interpretation of the law but could not be a friend, one should get another job. This kind of spirit of working together is now missing in Congress, says Ginsburg, and hopes someday that will happen. At the nation's highest court Ginsburg says Scalia was nice enough to provide her with his dissenting opinion, so that Ginsburg would have more time in preparing her rebuttal....

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In extensive ranging comments Justice Ruth Bader Ginsberg describes her positions on Supreme Court cases to Adam Liptak of the NYT. She hopes the next president after this one will be a fine one and is not perturbed by liberals who would like to see her leave so that another liberal could be appointed in her place. Ginsberg is 80 years, but says she works with her trainer twice a week, and works just as hard as in previous terms. She loves her work and will go on as long as she is able to do it. Her work leading the liberal opinion of Justices on the bench shows a senior justice in command of the issues. She has a framed copy of the Lilly Ledbetter Fair Pay Act of 2009 on a wall and sees it as a response by Congress to her dissent in Ledbetter v. Goodyear Tire Rubber Company. That 2007 ruling said Title VII of the Civil Rights Act of 1964 imposes strict limits for workplace discrimination suits. She sees the present Congress as too timid to take up more issues related to affirmative action and the Voting Rights Act. On the court's decision for the Voting Rights Act Ginsberg said in her dissent "It is like throwing away your umbrella after a rainstorm because you don't need it." Her views on Roe vs. Wade are that the law was too sweeping in making abortion rights constitutional and could have taken a different approach of striking down the law in Texas....

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Supreme Court Justice could simply have retired and let then president Obama appoint her successor. She decided to stay into her eighties. As a result president Trump will choose a conservative as her successor and has the votes lined up in the Senate. In Britain the retirement age was changed from lifetime to 75 by an Act in 1959. In India the Constitution set the retirement age for the Supreme Court at 65. Only in the U.S. is this practice maintained.

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Ruth Bader Ginsburg offers some advice to young people- In a marraige she says it helps sometimes to be a bit tone deaf. To ignore that remark someone made or comment which if reacted to would only make one feel worse. Who knows it was not meant that way, and maybe did not reflect the whole way that person felt, or even was transitory, This advice she got from her mother in law. Another piece of advice was from her father in law, to stop worrying and find a way to manage, find a way to do it, for something you want to do but are not sure you can. Something she learned from her colleagues in the court including Justice Scalia, was to get over it, not to spend time thinking about comments that are made or some things that happen in the course of one's daily life that one thinks shouldn't have happened.

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When Ruth Bader Ginsburg started law school in 1956 women represented 3% of the legal profession in the U.S. It is about one third today.

A piece of advice from her mother in law has served Ginsburg well all these years. She told Ginsburg "in every good marraige it helps sometimes to be a little deaf." Meaning that if an unkind word or thoughtless word is spoken to you best to tune it out and go on anyway. This helps in the workplace. Reacting to someone's unkind words will not advance one's ability to persuade. This is why people of all kinds of persuasion and opinions liked Ginsburg including at the court her complete opposite Justice Scalia. Something we can all learn from Ginsburg.

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President Trump says it will be a woman, "a very talented, a very brilliant woman," to replace Ruth Bader Ginsburg at the U.S. Supreme Court.

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Jimmy Carter holds the record for appointing federal judges in one term- 262 judges, 55 minorities, 42 women. In 1978 a Democratic Congress responded to a federal case backlog by creating positions for 150 more federal judges, all of which would be filled by Carter. Ruth Bader Ginsburg was one of these judges. Carter did not appoint a single Supreme Court Judge yet Ginsburg and Stephen Breyer another of these judges made it to the US Supreme Court.

By comparison for a single term Biden has appointed 235 federal judges. Reagan with 383 and Clinton with 378 hold the record for federal judges appointed  in two terms.

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Stolberg describes how Supreme Court Justices have waited to retire at the right time under the right president so that their view would continue to be reflected at the Court. This happened with O'Connor, Stewart, Souter, Stevens, White, Blackmun, but due to ill health did not happen with Thurgood Marshall. Justice Ginsberg may be reflecting on this or may just think that her health is fine.

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The Roberts Supreme Court's liberal leaning tendency with swing Justice Anthony Kennedy in 2014-2015. Bravin describes the tendency of the Robert's court to stay with the status quo. Restraint and stability appear to be strong preferences for Justices Kennedy and Roberts as seen in the ruling on the Affordable Care Act, and in the ruling on the Environmental Protection Agency. The four liberal Justices on the court, Kagan, Sotomayor, Breyer, and Ginsburg voted consistently together in 2015.

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First disrupt the young people's attention and create effects on mental health of long hours spent on social media such as Tik Tok. This results in a loss of literacy on basic knowledge of civics and American history to lower and lower levels. Then let these young people decide who should run the country and its government for the next 4-8 years. The founders never intended this and never anticipated this threat. Congressmen Republican Gallagher of Wisconsin and Democrat Krisnamoorthi of Illinois introduced a bipartisan bill to ban TikTok in the US considering that it was foreign adversary application when its literacy effects are even more a concern. Byte Dance has appealed the law that goes into effect Jan 19, 2025. The appeal is now before a 3 person panel of the Columbia Circuit Court of Appeals of Sri Srinivasan, Neomi Rao, and Douglas Ginsburg. Does Byte Dance have recourse to the First Amendment rights in the US Constitution when the US sees Byte Dance as a foreign adversary controlled internet social media service, is the question before the Appeals Court and next before the US Supreme Court. The US government has shown the judges confidential classified data that shows why it thinks there is foreign adversary influence of some sort.  It is interesting to note that national literacy standards and the ability of average American young people to know enough about American history and civics that is in a dire state today and a key vulnerability for US democracy. This is gravely harmed by social media influence. Only negative effects on mental health of children and young girls has been put forward. Too many hours spent on social media is a negative influence which is why China and now Australia and UK have put restrictions on is use. US has none. India has banned Tik Tok for security reasons. In all situations there are negatives here yet it is an appalling thing that literacy is not the biggest one put forward when it should be for this Nation. ...

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A law professor at George Washington University, who also comes from an Sicilian Italian American family, writes about his encounters with Scalia showing passionate opinion and steadfastness. Scalia was educated at Xavier Jesuit high school, and Georgetown University. He remained true to his conservative beliefs about the the law over three decades since his appointment by president Reagan in 1986, and an originalist interpretation of the U.S. Constitution as the framers in the eighteenth century had intended. He is the first Italian American Supreme Court Justice, a fact that enabled him to win approval in the Senate 98-0.

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Supreme Court Justice, Elena Kagan, after her first year at the U.S. Supreme Court. Kagan was appointed by President Obama in 2010. Kagan talked about her experience at the Supreme Court at an Aspen Institute event. Kagan replaced Justice John Paul Stevens. Stevens says Kagan has voted very similiar to how he would have voted on most of the cases. And Justice Ginsberg says about Kagan: "she has already shown her talent as an incisive questioner at oral argument and a writer of eminently readable opinions." Kagan takes writing opinions for the Court very seriously. She described her style at the Aspen Institute event as figuring out how to communicate difficult ideas to people who know little about the subject. An additional aspect of Kagan's writing is that she strives to put things using vivid and colorful language that sticks with people. She has used expressions such as "loosey-goosey," for instance. In her dissent on the campaign finance case she described the supposedly smoking gun found by her colleagues, as: "the only smoking gun here is the majority's, and it is the kind that goes with mirrors." The media tends to compare Roberts with Kagan, the two youngest chief justices on the court, both articulate and vigorous in their opinions, with similiar intellectual backgrounds but taking different positions. Kagan says the most valuable experience to prepare for her new position, was the year she spent as Solicitor General, where she was trying to persuade nine chief justices of the court why they should take a particular position. The difference now being that she must persuade eight justices. The most striking aspect of the two appointments by George W. Bush and Obama, with the absence of a retirement age for the U.S. Supreme Court- as in other democracies such as India- is that both Roberts and Kagan may well be on the Court for 25 years or longer. ...

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The U.S. Supreme Court by a vote of 7-2 struck down a California law that bans the sale of violent videogames to children. Writing the majority opinion Justice Scalia said "even when children are the object the constitutional limits of governmental action apply." Breyer dissented by saying that it made no sense to not allow a child to see a nude picture woman under obscenity laws and yet allow the child to see violent acts against women. Clarence Thomas was the other justice in the dissent. Justices Anthony Kennedy, Ruth Ginsberg, Elena Kagan, Sonia Sotomayor supported the decision to allow violent videogames to be sold to children. Justice Alito supported the decision but expressed serious reservations about the breadth of the majority's opinion saying- " the Court is far too quick to dismiss the possibility that the experience of playing videogames (and the effects on minors of playing violent videogames) may be very different from anything we have seen before."

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A Vermont musician could not practice her livelihood after her arm was amputated because of gangrene. The gangrene developed as a result of a physician's assistant at a clinic using a a wrong technique for adminstering Phergan for nausea. The PA used IV Push instead of an IV drip or intravenous which is the right method. He missed the vein and and hit an artery causing the gangrene to develop. A Vermont state court awarded Ms Levine $6 million from Wyeth Pharmaceutical. Now the Supreme Court upheld the Vermont Court, with Justices Kennedy, Souter, Ginsberg, and Breyer joining Justice Stevens. Justice Thomas concurred. Scalia, Roberts and Alito were in dissent. Wyeth had a FDA approved label that warned against "inadvertent intra-arterial injection," but it did not say do not use IV Push. Justice Stevens writing the majority opinion said Wyeth's reading of the regulation was "cramped" and based on a "fundamental misundrstanding." He said "the manufacturer bears responsibility for the label at all times," and affirmed the Vermont Court's opinion that Federal law provides afloor not a ceiling for state regulation." ...

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The Supreme Court upheld the provision under an Arizona state law that requires police to check the immigration status of people stopped for traffic and other offenses. By a vote of 6-2 the Supreme Court voided the provision that made it a state crime to fail to carry federal registration papers. By a vote of 5-3 it voided the provision that provided for jail time for immigrants not carrying federal registration papers. Justice Anthony Kennedy wrote the majority opinion that includes Justices Roberts, Ginsburg, Breyer and Sotomayor, and said: "The government of the United States has broad, undoubted power over the subject of immigration and the status of aliens... Immigration policy can affect trade, investment, tourism and diplmatic relations for the entire nation." At the same time Justice Kennedy said " the problems posed to the State by illegal immigration must not be underestimated," saying that "unauthorized aliens, were responsible for a disproportionate share of serious crime." Unauthorized aliens are only 8.9% of the population of Maricopa County which includes Pheonix, but caused 21.8% of the felonies. The part of the Arizona law SB 1070 that stated the illegal immigrant seeking work was commiting a crime, was struck down on the grounds that this "would interfere with the careful balance struck by Congress" for the labor market in which only employers are committing a crime. Justice Kennedy reminded the country that it was still a nation of immigrants....

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The arguments of both sides in front of U.S. Supreme Court Justices on the Health Care Law's expansion of Medicaid. Justice Scalia said the law gives the states no choice. Justice Kennedy pointed to the situation of the states which have no way to opt out without stripping millions of Americans of medical care. Justice Roberts pointed to the states willingness to accept federal aid for years which brings us to the current situation. The attorney generals of 27 states have objected to the Health Care Law's provisions which they believe effectively requires the states suffering tight budget constraints to cover more of the poor than they they think they can, with the alternative being dropping out of Medicaid totally, not giving them much of a choice. As the three day hearing came to a close on March 28, 2012, the Supreme Court's conservative Justices expressed doubts whether the Obama Health Care Law could surivive if some key parts are struck down. With Justices Sotomayor, Ginsberg, Kagan, on one side, and Scalia, with other conservative Justices on the other side, the Court's final decision depends on Justices Kennedy and Roberts. ...

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The director of the Constitutional Law Center at Stanford Law School, a student of Scalia, says constitutional law today is more aligned with the U.S. Constitution as a result of three decades of Scalia's work at the Supreme Court. He especially admires Scalia's opinions, even when he disagrees with them, and says Scalia helped promote a better style in opinions of the Court, by paying careful attention to text, and a sense of historical connections.

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Words from Scalia that form part of his legacy- on democratic self-government as the development of the millenium. It "assumes a continuing appreciation of the need for structural checks," says Scalia. Essential to democratic self-government says Scalia is "what our Framers would have called a liberal disposition on the part of the people: a reluctance to impose their views by law in the face of significant opposition, a reticence to require others to love all that they love and to hate all that they hate." For Scalia that meant " a spirit of liberty" that is never too sure of being right and seeking to understand the thinking of other men and women.