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November 2, 2016

    The only way to return to some semblance of sanity in dealing with the renegade in this election who is oblivious to our constitutional institutions and values is to VOTE for his opponent, and on another note pertinent to the election next week (and before some of us panic) we also should look at the punditry’s discussion of Trump’s tightening of the early vote (some four million to date) here in Florida based, as it is, on whether such voters were Democrats or Republicans. That is not a proper measure of the peoples’ choice in this election. Just last night we learned that 28% of the Republican vote here in Florida is for Hillary and that she is leading in Florida overall with 53% of the early vote in her quest for the twenty-nine electoral votes at stake in the Sunshine State, contrary to breathless reporting by TV pundits in search of enhanced Nielsens and advertising revenues. Voters here, to their credit and of whatever party, are apparently not into sexual predation and insult as the new norms the Orange One would have us adopt. That is his world; not ours.

    As to judges, I think Republicans’ failure to confirm federal trial judges is a bigger problem than their failure to advise and consent in bringing the Supreme Court back to speed. After all, we do have a system in place to secure final adjudication in an 8-person court since where there is a conflict in adjudication among the circuits the court can take its pick, and that is the law with 4-4 tie votes. However, in refusing to advise and consent, the Republicans are destroying the whole idea of having 9 justices so that ties can be broken, though even then some judicial atrocities are within reach (e.g., George Bush was elected by a 5-4 vote, a decision that led to my resignation from the Supreme Court bar, Citizens United et al.).

    The federal trial court system depends upon calling federal judges in retirement to come back to the bench to help alleviate the problem of overloaded dockets and poor service to litigants, which helps but is not working well in practice with intolerably long waits for trial. It is clear to me from the statements of Republican senators to the effect that they will not consider presidential appointments to our highest court and their continuing refusal to approve the nomination of federal trial court vacancies that we have more than a renegade presidential aspirant on our hands; we are having a renegade Senate as well some of whose Republicans members are refusing to do their constitutional duty for purely political purposes.

    That, readers, constitutes a constitutional crisis of major proportion and is one that needs quick resolution before our democracy (already under attack by the Orange One and his mob) collapses, not by fascism or economic ruin, but by a rabid political cabal from within. What’s next, a refusal to pass a budget bill which would lead to utter chaos? When we have elected officials who swear to uphold the Constitution and then announce that they will not and with no substantial means short of election for their removal, especially with the six year term of senators, our constitutional problem is exacerbated. What to do? First, VOTE for their opponents! We will get to the crisis later, but not much later if we are to survive failed state status.

    Our choice for president is only part of the problem we have. Presidents come and go, but I always thought democracy was enduring and that its high principles were beyond attack except from fascists and others who would bring America down. I was wrong. I never considered that our greatest asset, our democracy, could be brought down from within based on political whim and caprice. Let’s vote to save democracy, whatever our party affiliation.      GERALD      E


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