Kancel Kulture and Racism

Here’s a textbook example of the intersectionality of kanceling and racism.

Supreme Court Justice Stephen Breyer spoke last week against the idea of tampering with the Supreme Court’s makeup or structure.

To make those whose initial instincts may favor important structural change, or other similar institutional changes, such as forms of court packing, think long and hard before they embody those changes in law.
If the public sees judges as politicians in robes, its confidence in the courts and in the rule of law can only diminish, diminishing the court’s power, including its power to act as a check on other branches.

Cue the Left’s kancel outrage.

MSNBC commentator Mehdi Hasan:

Where on Earth has he been over the past two decades as the Supreme Court delivered one partisan decision after another? Napping?

And the intersection with the Left’s racism: Demand Justice immediately began an online petition campaign entitled “Retire, Breyer” that urged the justice to step down so an [sic] black woman could be appointed.

Demand Justice‘s naked racism—and sexism—is blatant in their petition:

We have waited long enough for a Black woman Supreme Court justice.

The crowd made it even more publicly and explicitly racist, with that large dollop of sexism intersected in.

We need to start the process of confirming a Black woman justice now. Sign the petition to tell Justice Breyer: Put the country first. Don’t risk your legacy to an uncertain political future. Retire now.

Because the primary criteria for a Supreme Court Justice is his race and sex. His knowledge and experience with American law and our Constitution, his commitment to adhere faithfully to the text of our Constitution and the laws that are brought before him…just don’t matter.

In Which the Court Got It Right

…and the 9th Circuit Court messed it up again. This case (Ritesh Tandon, et al. v. Gavin Newsom, Governor of California, et al.) involves California Governor Gavin Newsom’s (D) restrictions on church gatherings against his more permissive approval of bar, salon, etc gatherings [emphasis added].

This is the fifth time the Court has summarily rejected the Ninth Circuit’s analysis of California’s COVID restrictions on religious exercise.  See Harvest Rock Church v. Newsom, 592 U. S. ___ (2020); South Bay, 592 U. S. ___; Gish v. Newsom, 592 U. S. ___ (2021); Gateway City, 592 U. S. ___. It is unsurprising that such litigants are entitled to relief. California’s Blueprint System contains myriad exceptions and accommodations for comparable activities, thus requiring the application of strict scrutiny. And historically, strict scrutiny requires the State to further “interests of the highest order” by means “narrowly tailored in pursuit of those interests.” Church of Lukumi Babalu Aye,Inc. v. Hialeah, 508 U. S. 520, 546 (1993) (internal quotation marks omitted). That standard “is not watered down”; it “really means what it says.” Ibid. (quotation altered).

Hear, hear.

The Tandon group will be able to hold their religious gatherings unfettered by Newsom or his government while the basic case wends its way on through the 9th Circuit. And likely through the Supreme Court for final adjudication.

The ruling can be seen here.