Vengeance

The Progressive-Democrats are interested in it.

Shortly after Amy Coney Barrett was confirmed to the US Supreme Court on Monday, Democrats warned Republicans that they would regret their decision to hold a vote so closely to an election.

And

“My colleagues may regret this for a lot longer than they think,” [Senate Minority Leader Chuck Schumer (D, NY] added.

Senator Chris Murphy (D, CT):

Will Democrats go to new, extraordinary lengths to maximize their power given the extraordinary lengths Republicans have gone to maximize their power? …what do Republicans expect?

Revenge. Not the business of the people.

Think about that as you vote.

Our Courts

Throughout this latest Supreme Court Justice nomination and confirmation process, which culminated in Monday night’s swearing-in of Judge, now Justice, Amy Comey Barrett, one of the refrains of the Left has been that the Court has gone too far right and no longer reflects “the population of the United States;” the Court and the courts are “out of touch with the preferences of today’s American population.” The Left demands that our courts “better represent the values of the American people.”

Even, the Supreme Court must act within those values and preferences alone because our Constitution itself has gone out of touch with the people.

One of the threats of the Progressive-Democrats is that they’ll stack the Court—add seats to it—to achieve that “balance.”

The Left misunderstands the role our Constitution has for American judges, and they misunderstand our Constitution’s design for our judiciary system within the Federal government which that same Constitution creates.

On the other hand, Progressive-Democrats use that misunderstanding in their cynical effort to redesign, without the will of We the People—the opening phrase of our Constitution that acknowledges that us American citizens are sovereign, not the Federal government or any part of it—our Constitution, that structure, and the role and operation of our judiciary system, intending to achieve this first by altering the purpose of our Supreme Court better to suit their ends in particular.

Contrary to the foregoing, our Constitution specifies a Federal government consisting of three coequal branches. Two of these are political: Congress and President who are elected by us citizens. These persons are elected for 2-, 4-, and 6-year terms, with elections every 2 years.

The third coequal branch—neither above nor below the political branches—is the judicial branch, whose judges and Justices are unelected and serve life terms, and who thereby deliberately are insulated from the vagaries of day to day, year on year politics—and as deliberately are independent of the political branches other than at the touchstone of (elected) Presidents nominating and the (elected) Senate confirming or withholding confirmation (with each of those answerable to us for their decisions).

From that, it should be clear that it is not the role of judges or Justices, in our system of governance, to reflect the changing values in society, even as those judges and Justices come from the society extant at the time of their nomination and confirmation. Judges’ and Justices’ role, rather, is to apply the Constitution and the relevant statutes in the cases that come before them, and no more or less than that. The courts represent the values of the people by applying the Constitution—ratified by the people and modified by us 27 times—as it is written and applying the statutes enacted by those whom we elect every 2 or 4 (for Presidents) years to represent us as those statutes are written.

It also should be clear from this that the deliberate separation of judicial behavior from political behavior requires judges and Justices to be originalists and textualists. Any move to reinterpret the text of this or that clause of our Constitution, this or that sentence or paragraph of a statute to reflect an individual judge’s or Justice’s understanding of the people’s current values is necessarily a political move, a usurpation of the role and purpose of the political branches. It’s a deprecation of, if not an outright attack on, that separation of the three branches from each other, that separation of powers of each from others.

Amy Coney Barrett at her swearing-in made this plain:

It is the job of a senator to pursue her policy preferences. In fact, it would be a dereliction of duty for her to put policy goals aside. By contrast, it is the job of a judge to resist her policy preferences. It would be a dereliction of duty for her to give into them. Federal judges don’t stand for election. Thus, they have no basis for claiming that their preferences reflect those of the people.

Nor can they attempt to reflect the preferences of the people any more than they can reflect their own. The preferences of a judge or a Justice is what the text of our Constitution and our statutes say they are. No more or less than that.

It is exclusively the role of the political branches of our Federal government to reflect the mores, the desires of society, to reflect our values for those are political in their reach and are effected in the statutes enacted.

It is the role of We the People—us citizens—to adjust our Constitution as we see fit to reflect our values. And we do that slowly because our Constitution is our plan for governing well into the future, it’s not just a document codifying what’s happening today.

This will, of course produce rulings uncomfortable for Conservatives as well as liberals, especially given the respect for precedent an originalist/textualist judge or Justice must have. Nevertheless, the first and prior precedent, the precedent that governs all else—including the foolishness of the “super-precedents” to which even Barrett succumbs—is our Constitution.

The Left, as a whole, misunderstands. The Progressive-Democrats don’t care; the misunderstanding is just a tool for accruing political power through politicizing what is, by design, an agnostic judiciary.

Confusion

Progressive-Democratic Party Presidential candidate Joe Biden said in a 60 Minutes interview over the weekend that he

can send every single qualified person to a four-year college in their state for $150 billion. I can make sure every single person who qualifies for community college can go and we still have a lotta money left over. That’s what I mean by significant institutional changes.

His staff “clarified” that after the interview that the cost could be twice as much as he said.

He also said in a separate interview

We have put together, and you guys did if for our admin—for the Obama administration before this—we have put together I think the most extensive and inclusive voter fraud organization in the history of American politics.

And this to a Latina reporter from NPR last August:

By the way, what you all know but most people don’t know, unlike the African American community, with notable exceptions, the Latino community is an incredibly diverse community with incredibly different attitudes about different things[.]

And this about his post-Senate career:

When I left the United States Senate, I became a professor at the University of Pennsylvania….

Never mind that when Biden left the Senate in 2009, he became ex-President Barack Obama’s (D) Vice President. Biden didn’t join the University of Pennsylvania until 2017, when he became the Benjamin Franklin Presidential Practice Professor, a non-teaching, non-research position located off campus.

Frankly, most of those can be written off to Biden simply being momentarily confused. But can we afford this level, this frequency of misspeaks, of confusion, in a President who must deal—personally—with the likes of Vladimir Putin? Xi Jinping? Baby Kim? Even allies like Emmanuel Macron? Yoshihide Suga? Scott Morrison? Heads of state of potential allies or friends like Vietnam’s Prime Minister Nguyễn Xuân Phúc?

Much less domestic leaders….

I don’t think we can afford to take that risk.

Shutting Down Research

Mark Zuckerberg doesn’t want serious research into his advertising targeting to be done.

Facebook is demanding that a New York University research project cease collecting data about its political-ad-targeting practices….
The dispute involves the NYU Ad Observatory, a project launched last month by the university’s engineering school that has recruited more than 6,500 volunteers to use a specially designed browser extension to collect data about the political ads Facebook shows them.

In particular,

Scraping tools, no matter how well-intentioned, are not a permissible means of collecting information from us….

Facebook says (Zuckerberg says; it’s his company, and he retains controlling interest) that it already maintains an advertisement database that contains information such as who paid for an ad, when it ran and the geographic location of people who saw it, but the company does not maintain—in that database—data concerning its targeting methods. NYU wants those targeting data, too, including data on what political ads ran in which state and political race, what ads are targeted to what audiences, and how those ads are funded.

Zuckerberg doesn’t want those usages and techniques exposed.

His bottom line: “Don’t you dare scrape the data we scrape from our users and tell the world what the data are that we scrape, how much of it we scrape, how we use it, how we charge others for the sale or use of those data.”

The Biden No-Fracking Plan

…and his assault on our oil industry and our energy production sector generally.

Progressive-Democratic Party Presidential candidate Joe Biden said, in last Thursday’s debate,

I would transition from the oil industry, yes.

Then he repeated his promise.

I will transition. It is a big statement. Because I would stop.

Here’s how he intends to prosecute his assault.

  • ban on drilling leases and development on federal land
  • “robust federal standards” on methane releases from pipelines as well as storage facilities
  • use the Endangered Species Act and National Monuments Act to limit lands open to development
  • all infrastructure projects that require federal approval or receive federal funds would have to undergo a “climate test” including federal agencies projecting costs from carbon emissions attributable to every new pipeline or liquefied natural gas terminal
  • choke demand by requiring, among other things, expensive carbon sequestration technologies on power plants
  • increase subsidies for wind and solar power in parallel with eliminating existing subsidies and credits for oil and natural gas production, reducing demand for the oil and gas

Fracking ban by a thousand cuts. And slashes.