AHC: Lewis Powell, Potter Stewart, Byron White, etc — the center holds in the Supreme Court from the 1970s to 90s ? ! ?

Adding on to the latest news about ”Justice” Thomas… the Federalist Society is blight upon the legal profession, and you literally can’t have a “moderate” court with a Republican president nominating justices in the 21st century, and considering Thomas comes from H. W. Bush, then even then it was too late.

Dude literally went “I don’t think I can remain on the court on my low salary” (making over $300K/yr), and then Republican politicians put him in contact with billionaires who lavished him in gifts.

 
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I’m just going to say it. The fact that you’re focusing on getting the beginning right [instead of seeing what a golden opportunity both Little Rock and the ‘57 Civil Rights Act were], tells me you like the idealistic and perfectionist methd. Of course just one data point of info! :)

With Bill Douglas, Okay, he was a Westerner, with a big heart, supported the rights of Native American Indians and was proud of it, as a young man supported at least in word the people and ideas of the “Wobbles,” meaning the IWW, a big circa 1910 union, and since it was one for all, all for one, this made it among the most radical of the American unions, at least those in the big time.

And yet . . .

As a boss to his law clerks, Bill was a First-Rate Asshole! just no other way to say it
Yeah, kindness ≠ goodness. Some of history’s greatest monsters were perfectly kind to those around them, and some of history’s greatest people were dicks or incredibly flawed.

I take O. Douglas like I take MLK. Is the plagiarism and philandering bad? Yes. Does it negate his work for civil rights? Not at all.

I’m not perfectly familiar with that potential, but the issue is Eisenhower wasn’t a Civil Rights president, and the ‘57 Civil Rights Act was incredibly watered down, and I don’t think there’s many ways to strengthen it without needing some big PoDs, plus this is a thread about the Supreme Court lol, though I’d love to hear your thoughts.

Personally, the biggest pro-Civil Rights PoDs would be Johnson and Kennedy having earlier careers in the senate. Have Johnson enter the senate on April 9, 1941 after Morris Sheppard dies, while Kennedy enters on June 11, 1947 (a fortnight after Kennedy’s 30th birthday) after David I. Walsh dies in office after having defeated Henry Cabot Lodge Jr. in 1946. Johnson gets almost 8 extra years in the senate, and Kennedy about 6.5. Have a Johnson/Kennedy ticket win in 1956, and you have a damn good case for a much stronger Civil Rights Act in ‘57.
 
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Actually, the American middle class is not near as bad as people think. But if a guy in a sports bar tells me it’s been “decimated,” doesn’t make for a productive conversation for me to tell him that he’s wrong. So, I try to embrace that tension between number facts, which certainly are facts, and lived experienced.

“Let me ask you, has the workplace been feminized, or just corporatized?” <— that’s one question I might experiment with asking my fellow bar patrons
Well yeah, but that's not really about "governing from the center" so much as "trying to get people to recognize that the reality framework in which their problems can be talked about usefully and the reality framework they're using to understand it right now are two different things.

"Embracing tension" is basically a matter of trying to poke people with cognitive dissonance in hopes that something will crack.

Isn’t Constitutional government an attempt to split the difference by having majority rule with minority rights? With imperfections of course.
See, that's the classical civics school narrative, but that narrative doesn't really prescribe how to provide good governance in a society where one side is like [literally exists] and the other side is like "STOP IMPOSING FIFTEEN MINUTE WOKEISM CITY CAPITALISM ON US AND DIE ALREADY!"

You can't split the difference with a group whose entire idea of how good policy should even look anymore has degenerated into a frothy mass of "other people shouldn't have rights."
 
about ”Justice” Thomas… the Federalist Society is blight
Just to show that turnabout is fair play, Justice Abe Fortas pretty much had to resign in May 1969 because he’d accepted a $20,000 yearly retainer to provide legal advice to some businessman— and this while he was a Supreme Court Justice ! ! !


If the liberal Fortas had stayed on the Court, we might well have had school busing in the 1970s. Or perhaps the better alternative of redrawing school lines. That way, you avoid the dynamic of “these other” kids coming to “our” schools. Instead, we’re all members of the district together and we’re going to have to learn to get along.
 
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the ‘57 Civil Rights Act was incredibly watered down
But focusing on the Court, the perception of the Civil Rights Act is one of 3 things which make the Fall of 1957 just a golden opportunity.

Of their large docket of cases, they should have found a desegregation case and maybe even written “RIGHT NOW” in the decision.

The 3rd thing was almost too perfect, with the Soviet Sputnik satellite was lavishly covered in the news starting Friday, Oct. 4, 1957 — with even ham radio amateurs being able to pick up the steady “beep”of the world’s first artificial satellite — and the Supreme Court’s new term beginning on Monday, Oct. 7.

Equal teacher salaries [within a state] is really the golden path forward. Especially since we’re going to be increasing the math and science money anyway.

—> Sputnik going to be a topic of casual conversation among the Justices, just like the 1957 World Series between the Milwaukee Braves and the New York Yankees will be.
 
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But focusing on the Court, the perception of the Civil Rights Act is one of 3 things which make the Fall of 1957 just a golden opportunity.

Of their large docket of cases, they should have found a desegregation case and maybe even written “RIGHT NOW” in the decision.

The 3rd thing was almost too perfect, with the Soviet Sputnik satellite was lavishly covered in the news starting Friday, Oct. 4, 1957 — with even ham radio amateurs being able to pick up the steady “beep”of the world’s first artificial satellite — and the Supreme Court’s new term beginning on Monday, Oct. 7.

Equal teacher salaries [within a state] is really the golden path forward. Especially since we’re going to be increasing the math and science money anyway.

—> Sputnik going to be a topic of casual conversation among the Justices, just like the 1957 World Series between the Milwaukee Braves and the New York Yankees will be.
I’m a bit lost on this.

It also leads into my criticism of the SC. As Brown II showed when it said “with all deleitarte speed”, the court, even when liberal, is still quite conservative and as such, to get ideal outcomes, needs a radically different membership.
 
"Embracing tension" is basically a matter of trying to poke people with cognitive dissonance in hopes that something will crack.
I’ll go with this. And the United States political system has been in tough scapes before. Back in the 1950s, members of the John Birch society believed President Eisenhower was a “communist dupe” and that water fluoridation was a “communist plot.” And regarding race, some people believed blood banks should keep “black blood” separate from “white blood.” The truth is different and more complicated. We now know there are blood groups A, B, O, and AB, and that Rh factor can be either + or - .

I’m not saying “governing from the Center” works in all cases, or even that it should. I’m saying it’s an open field which has worked in many cases, and perhaps can in a surprising number of other cases.

We should split the public’s views by median, not mean. And therefore, citizens with extreme views are counted as 1, but not more than 1.
 
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As Brown II showed when it said “with all deleitarte speed”, the court, even when liberal, is still quite conservative and as such, to get ideal outcomes, needs a radically different membership.
I think just more realistic and practical Justices may help. And this dimension might be even more important than the liberal-conservative dimension.

Another golden opportunity for the Court to roll forward might have been when new President Johnson put equal rights front and center in his first speech to Congress 5 days after President Kennedy was assassinated.
 
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