FORGET SCALIA. DEATH COULD COME FOR THREE JUSTICES OF THE SUPREME COURT OF THE UNITED STATES OF AMERICA (SCUSA) SOON ENOUGH.

With the death of Supreme Court of the United States of America (SCUSA) justice Antonin Scalia, politicians and pundits have gone into overtime arguing over the merits and demerits of blocking any Obama nomination. Democrats demand that an Obama nomination should be vetted quickly and confirmed. Republicans demand that Obama must be thwarted and thus leaving it up to the next president.

Forget Scalia. His death is but one vacancy. The real story of the SCUSA is the aged state of three justices — Kennedy, Ginsburg and Breyer.



It's likely that all three either die or become incapacitated over the next eight years. So whoever gets sworn in as president in January, 2017, likely will put three new judges on the SCUSA and thus change the trajectory of law-of-the-land legal rulings for decades to come.

All three aforementioned judges are either nearing or have past life expectancy for the typical American. Kennedy Is 79 and and a half.  Stephen Breyer is 77 and a half. Ginsburg is a decrepit 82 and 11 months.

Removing those judges from thought, right now the court has three republican nominated judges — Clarence Thomas (67), John G. Roberts (61), Samuel A. Alito (65). Two Democrat nominated judges sit on the court — Sonia Sotomayor (61) and Elena Kagan (55).

The Republicans should not be short-sighted here. They should pressure Obama to nominate a left-of-center judge and then confirm that judge, quickly, but after the ruling session, which maybe ends in June.

The next president needs to nominate three Scalia-type judges to replace Kennedy, Breyer and Ginsburg when their days are done. 

Also, it's time to put a Protestant Christian back on the SCUSA. As it is right now, only Roman Catholics and Jews sit on the US Supreme Court — Catholics: Roberts, Kennedy, Thomas, Alito, Sotomayor; Jews — Ginsburg, Breyer, Kagan.

Yet, American jurisprudence has its basis in Protestant Christian morality and thought. It has nothing from Catholic or Judaic thought. 

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STOP IN THE NAME EX POST FACTO!

Article 1 Section 9 of the U.S. Constitution states, "No Bill of Attainder or ex post facto Law shall be passed." Known as the Supremacy Clause, Article Six, Clause 2 of the U.S. Constitution states, 

"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."

The latter establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the supreme law of the land." The former establishes that no law can change the legal consequences of action committed or relationships established before the enactment of the law. 

Those of the financial media have been abuzz about bond exit fees being imposed on extant contracts held by  retail owners of bond mutual funds. Peter Schiff gave a decent write up on the bond exit fee chatter. Far too many believe regulators of the SEC or even the Federal Reserve can impose such ex post facto rules without knowing what ex post facto means much less having ever read any part of the U.S. Constitution, much less Article 1 Section 9.

Likely, there shall be jokers who will cite  Justice Samuel Chase and Calder v. Bull suggesting the U.S. Supremes claim the ex post facto provision of the Constitution applies solely to criminal cases, not civil cases, but to do so would be yet another undemocratic, wrong ruling by U.S. Supreme Court justices (e.g., Santa Clara County v. Southern Pacific Railroad, Wickard v. Filburn, Kelo v New London,  National Federation of Independent Business v. Sebelius). Heritage.org has a nice write up on the Supreme Court history regarding ex post facto.

Should those at the SEC feel brazen to rule such fees must exist and should the U.S. Supreme Court led by Chief Justice Roberts agree, because you know such an SEC ruling will make to the USSC, that shall be the last shred of proof anyone needs to see Americans have not been living by their Constitution for years upon years.

Americans need to see reality. The U.S. Supreme Court system is broken. That nine judges can impose their will upon Americans hardly is democratic, especially old sleeping judges and judges who never created life but yet rule on the sanctity of life.


There should be 50 justices, not nine, one appointed from each state. States' legislators should appoint U.S. Supreme Court justices, not the president. Appointees should at least be 50 in age and have fathered or mothered children. The term for any U.S. Court Justice should not exceed 10 years.

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