An Out of Control Supreme Court Justice

I received this email from the Democratic Senatorial Campaign Committee last Thursday [emphasis added].

E —
Justice Ruth Bader Ginsburg has a powerful message about reproductive rights that every grassroots Democrat needs to hear:
“The decision whether or not to bear a child is central to a woman’s life, to her well-being and dignity. It is a decision she must make for herself. When Government controls that decision for her, she is being treated as less than a fully adult human responsible for her own choices.”
E, if you agree with Justice Ginsburg that women should be able to make their own health care choices, add your name now >>
Republican legislatures nationwide have spent the last few weeks passing extreme abortion laws, with the goal of getting the Supreme Court to reconsider Roe v. Wade.
But people are speaking out, fighting back, and holding rallies across the country with a clear message for Republicans: We won’t tolerate these attacks on women’s reproductive rights. As Justice Ginsburg says, women should be able to make their own decisions about their reproductive care.
Add your name now to stand with Ruth Bader Ginsburg if you agree that women should be able to make their own health care choices:
http://www.dscc.org/Stand-With-RBG
Thanks,
Team DSCC

The emphasized quote is what then-Supreme Court Justice nominee Ruth Bader Ginsburg said at her confirmation hearing.

There are a couple of things terribly wrong here. One is the plain pre-judging Ginsburg revealed then, her decision to announce what her ruling would be on any future abortion-related case that might come before the Court.  (Never mind that her pre-determined opinion entirely writes off the human right of a baby to its well-being and dignity, its right to live.)

But the other, even worse, if that’s possible, thing is a sitting Supreme Court Justice actively participating in politics—not in her personal role as citizen, but in her judicial role as Supreme Court Justice (of course, Ginsburg has a history of this with her disparaging statements about then-Presidential candidate Donald Trump).

Ginsburg has permitted a political campaign facility to use her statement in today’s political environment without that quote being noted as from that confirmation hearing.  Ginsburg has permitted the DSCC to imply that this is a current statement and that a sitting Justice has taken sides in a political contest.

That behavior is despicable.

Charging Assange

Julian Assange, of Manning and Wikileaks infamy, has been indicted on violations of the Espionage Act in addition to the existing charges pending against him.

Naturally, the NLMSM is in an uproar over this putative attack on a free press.

…reignited debate over whether pursuing Mr. Assange for publishing classified information could lead to other cases against journalists who receive government secrets.

There are a couple of things on the NLMSM’s artificial dudgeon, though.  One is that a free press also has to be a responsible press—which includes respect for the law and acceptance of the consequences where the press engages in civil disobedience.  We’re all big boys and girls, though, the press’ and the Left’s contempt for us notwithstanding.  We’re fully capable of recognizing irresponsibility when we see it and disdaining pseudo-journalism when it’s presented.

The larger thing, though, is the role of law in our nation.  We’re either a nation of laws, or we are not.  We’re all equal under law, or some of us get special treatment—descending us into rule by law instead of rule of law.

The laws regarding receiving stolen goods are quite clear: that’s a crime, and the recipient(s) on conviction go to jail.  Except when it’s a journalist who receives the stolen property.  See, for instance, the news outlet that received and published the stolen Ellsberg papers, along with the hue and cry over holding Julian Assange—who’s not even a journalist, for all that he pretends to be—to the consequences from his having received the documents Manning had stolen and sent to him.

A free press requires journalists be allowed to break the same laws the rest of us must obey?  What’s the value of a press that cannot be trusted, that demonstrates its lawlessness by freely receiving stolen goods and profiting from the receipt by publishing the stolen material?

Here’s an alternative—a bare minimum of movement of the NLMSM back within the reach of the same laws the rest of us must obey.

Upon receipt of the stolen material, the news outlet and the receiving journalist must immediately return the originals of the material to the robbed entity and identify to law enforcement the person(s) and/or entity from which the material was received.  Upon return, the news outlet would be free to publish based on its copies of the stolen material.

Should the journalist or news outlet refuse, the journalist (or the news outlet’s chief editor, if the receiving journalist cannot be clearly identified) should be jailed until the originals are returned and the delivering person/entity identified.

Of course, overriding the above is whether the stolen material is classified (the Manning theft, for instance).  In this instance, the material and the receiving news outlet and its personnel would be subject to laws pertaining to (mis)handling classified material.

Yewbetcha

Justice Clarence Thomas, on the matter of judicial precedent, as quoted by Myron Magnet in Thursday’s Wall Street Journal:

“Stare decisis is not an inexorable command,” Justice Thomas observes in [Franchise Tax Board v] Hyatt. He has said elsewhere: “I think that the Constitution itself, the written document, is the ultimate stare decisis.”

What he said.

Lies of Progressive-Democrats

Here’s another example.  Senator and Progressive-Democratic Party Presidential candidate Kamala Harris (D, CA) claims President Donald Trump is holding our nation’s infrastructure rebuild/expansion hostage against the Progressive-Democratic Party’s “investigations” being ended.

So he’s gonna hold America’s infrastructure hostage, right, over the issue of investigations[.]

What’s being held hostage, exactly?  House Speaker Nancy Pelosi (D, CA), just minutes before a scheduled meeting in which Pelosi, Senate Minority Leader Chuck Schumer (D, NY), and Republican leadership were to negotiate infrastructure projects, Pelosi, with Schumer’s prior agreement and support, accused Trump of impeachable behavior.  The only plausible reason for the timing of Pelosi’s accusation was to blow up those negotiations.  Progressive-Democrats didn’t want those negotiations to go forward; they didn’t want Trump to look good against the backdrop of election season and their efforts to make him look bad during this season with their faux investigations.

What’s being held hostage, exactly?  What infrastructure-related legislation do the House Progressive-Democrats have on the floor to vote up and pass to the Senate?  What infrastructure-related legislation do the House Progressive-Democrats have in committee being worked up?  What infrastructure-related legislation do the House Progressive-Democrats have under discussion in outline form to be brought forward to committee consideration?

What’s being held hostage, exactly?  Infrastructure-related legislation isn’t revenue legislation; it can originate in the Senate.  What infrastructure-related legislation do the Senate Progressive-Democrats have under discussion with their Republican colleagues?  Infrastructure has, after all, strong bipartisan support.  Or so the Progressive-Democrats claim.

There’s this, too: Progressive-Democrats in Congress insist that they can walk and chew gum at the same time, but their metaphor seems limited: they’re showing themselves incapable of “investigating” and legislating at the same time.

Infrastructure, Investigations, and Agendas

President Donald Trump has said that he’ll do infrastructure negotiations and legislation after the Progressive-Democrats end their investigations of his administration, not before. Pointing out House Speaker Nancy Pelosi’s (D, CA) bad faith approach (my term, not Trump’s) to any such negotiations, he said that

he had watched House Speaker Nancy Pelosi…accuse him of a “coverup” in remarks to reporters shortly before their scheduled infrastructure meeting at the White House.

Never mind that Trump has completely cooperated with the Mueller investigation throughout the 2+ years of that effort, and that Mueller found that there was no collusion between Trump’s administration or his campaign and the Russian effort to interfere in our elections.  Never mind that Mueller also found no obstruction (in the expanded portion of his authorized investigation), only embarrassing instances of loud venting of his frustration.

When Pelosi and Minority Leader Chuck Schumer (D, NY) arrived for that meeting following their press op, a meeting at which Republican leadership also was present, Trump advised them

I want to do infrastructure. I want to do it more than you want to do it. But you know what, you can’t do it under these circumstances.

Indeed. The Progressive-Democrats are so intent on their several inquisitions that they have no time for serious matters, no energy left for serving their employing constituencies.

Which brings me to a strange remark by the WSJ piece’s authors.

The president’s declaration raises questions about how he would pass any of his legislative agenda in the remaining year and a half of his first term.

There are no questions here.  The Progressive-Democratic caucus in the House has been intent on blocking his agenda since they took office last January.  The Progressive-Democrat caucus in the Senate has been intent on using their filibuster powers to try to block all of Trump’s agenda, with considerable success (and a couple of notable failures) on legislative matters, since Trump’s term began two and a half years ago.