Tag Archives: politics

A Newly Conservative Court?

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Jess Bravin, writing in The Wall Street Journal, thought so.

When Justice Brett Kavanaugh takes the bench Tuesday, it will mark the culmination of the Republican Party’s 50-year drive to cement a conservative majority on the Supreme Court.

At the least, he argued,

[A] five-justice majority more sensitive to regulatory and litigation costs on business should tip more outcomes toward industry and employers, imposing higher bars for workers, consumers and environmentalists, according to legal experts who have studied the court and Justice Kavanaugh’s jurisprudence. At the same time, the new majority is likely to show more sympathy for social conservatives resisting the encroachment of gay rights and access to contraceptives, as well as greater tolerance for state initiatives to curb the availability of abortion.

Not so much.

Bravin is either naive or excessively optimistic.  Kavanaugh’s confirmation has produced no five-justice majority.  The only Conservatives on the Court are Thomas, Alito, Gorsuch, and Kavanaugh.  Four others form a liberal bloc convinced that the Constitution needs updating in accordance with the climate of the era.

The ninth Justice, Chief Justice John Roberts, is too squishy, too enamored of “perceptions of Court legacy” to be reliably conservative. He’ll find middle ground for the sake of that perception instead of basing rulings on the text of the Constitution or the law in front of the Court.

The New Left

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There can be no reasoning, no rational debate anymore with the Progressive-Democratic Party and the Left in general.  This is made clear by the statements luminaries of that collection have made in recent days—confirming their behavior during the Kavanaugh confirmation process just concluded, during which they actively rejected a foundation of liberty: innocent until proven guilty.  Senator Kirsten Gillibrand (D, NY) was the loudest on this, saying outright that then-Judge Brett Kavanaugh had to personally authorize an investigation into himself or he would show himself guilty.

It began earlier.  Congresswoman Maxine Waters (D, CA) called for Republicans to be physically confronted wherever they are.  Senator Corey Spartacus Booker (D, NJ) called on the Left to get up in the face of congresspeople.

Now the Progressive-Democrats and their Left are expanding on the thesis that there can be no rationality in discourse—if, indeed, there can be discourse at all—with those of us to the right of center.  Here’s Hillary Clinton, in an interview with CNN:

You cannot be civil with a political party that wants to destroy what you stand for, what you care about….  That’s why I believe, if we are fortunate enough to win back the House and/or the Senate, that’s when civility can start again.

That destruction is exactly what the Progressive-Democrats are attempting.  Yet, only when that Party is in control can there be any pretense of civility.  Only when the Party can require debate to be on their terms, within their parameters, can there be anything like peaceful disagreement.

The threats from the Left are palpable:

  • Senator Cory Gardner’s (R, CO) wife received a graphic text message with a video depicting a beheading
  • Progressive-Democrat intern Jackson Cosko has been arrested for posting the personal information, including home addresses, of Senators Lindsey Graham (R, SC), Mike Lee (R, UT), and Orrin Hatch (R, UT) on Wikipedia
  • Senator Jeff Flake (R, AZ) was trapped in an elevator with two screaming women “activists”

Senator Rand Paul (R, KY) worries about assassination attempts—a concern made concrete by last year’s mass assassination attempt of Republican Congressmen at a baseball practice.

Minnesota Special Education teacher, Samantha Ness, has actively called for the assassination of now-Justice Brett Kavanaugh.

This is just a taste of what we can expect if the Progressive-Democrats are successful in this fall’s elections.  This is a taste of Progressive-Democrat “civility.”  It isn’t republican democracy that these folks want for our nation.  Not anymore.

Consider a Possibility

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Our ambassador to the UN, Nikki Haley, will resign her position at the end of the year.  She told President Donald Trump her intention six months ago.

That raises a couple of thoughts in my pea brain.  One is to watch the utter vitriol, hatred, and character assassination with which the Progressive-Democrats will try to block any Trump replacement nominee from confirmation.

Beyond that: Nikki Haley for President in ’24.  Consider further: Lindsey Graham for VP (unless we still need the Republican numbers in the Senate to protect the Supreme Court).  (If Graham proves unavailable, how about Congresswoman Mia Love (R, UT)?  It’d be fun to watch the Party of Identity Politics campaign against that ticket.)

Roberts’ Court

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Aside from the misnomer of the title, which is implied by the thrust of a piece in Sunday’s Wall Street Journal centered on Brett Kavanaugh’s confirmation and the hoo-raw surrounding that, Chief Justice John Roberts has a problem with the perception of the Supreme Court—according to Brent Kendall and Jess Bravin, the authors of the piece.

“We don’t work as Democrats or Republicans, and I think it’s a very unfortunate perception that the public might get from the confirmation process,” CJ Roberts…2016.

The Court can’t worry about perceptions, though.  It can—should—only rule on what the Constitution or law actually says.

“Every single one of us has an obligation to think about what it is that provides the court with its legitimacy, to think about how we can be not so politically divided as some of the other political institutions in the nation,” Justice Elena Kagan said[.]

No.  What provides the court with its legitimacy is its rulings based on the text of the Constitution or the law. A Justice’s empathy, or the particular wisdom of Latinas, or the concept that a judge should take account of…the climate of an era, have no place on the bench. Nor does an automatic reach for the middle.

The handling of any of those things—and they are important (as are the social climate generally; the wisdom of non-Latinas, also; empathy)—can only be done politically, not judicially.

Credibility

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This. Is. Facebook.  Sorry, I don’t have James Earl Jones’ impressive, deep voice.  But here is Facebook’s MFWIC on a most serious incident that occurred during the Ford/Kavanaugh sort of joint hearing a little bit ago.

Chief Executive Officer Mark Zuckerberg told a packed room of employees Friday that the company should embrace diverse views, but he expressed frustration that a senior executive had attended Judge Brett Kavanaugh’s highly politicized hearing….

These are mutually exclusive claims, particularly since all Kaplan—that evilly miscreant employee about whom Zuckerberg speaking—did was sit in the Senate Judiciary Committee’s gallery with other of Kavanaugh’s friends and family.

Zuckerberg needs to understand that when he spouts nonsense like this—be diverse, but only with approved diversees—he has no credibility.

Although Kaplan has done his own credibility no good by cravenly apologizing for doing a moral thing, for supporting his friend.