A Trump Legal Legacy

Brent Kendall had a piece in Sunday’s Wall Street Journal, Trump Appointees Poised to Influence Legal Outcomes for Decades to Come, that explored this item. It’s well worth the read.

One statement in particular caught my eye, though.

Republican and Democratic [judicial] appointees often embrace differing legal philosophies that lead to divergent results.

This is at the core of the problem. As our Constitution’s Article I, Section 1 makes clear, there is only one legitimate legal philosophy for judges and Justices. They’re sworn to uphold the Constitution, not some mythical document that better comports with what they want to uphold.

Thus, they must apply the Constitution and the statute(s) before them as they’re written, not as they wish they were written; not as “adjusted” to fit a judge’s personal view of what society needs, as articulated by Justice Ruth Bader Ginsburg and acted out by Chief Justice John Roberts; not Thurgood Marshall’s you do what you think is right and let the law catch up.

All of those…philosophies…are political decisions well outside the ken of the judiciary and solely within the scope of the political branches of government and of We the People, who hire and fire those political personages.

Disposability

At the end of an op-ed in last Wednesday’s The Wall Street Journal‘s editors included in image promoting a short video that showed an alleged teacher along with someone behind her holding up posters saying, “Masks are Disposable. Teachers Aren’t!”

Actually, teachers are disposable, as are folks in all jobs. And, in fact, as the Chicago Teachers Union has demonstrated, teachers already have been disposed of. All that’s left in Chicago are unionists.

Too Much Dependence

…on the central government in DC.

Sunday’s Wall Street Journal had a piece decrying the problems with getting the Wuhan Virus vaccines “the last mile” into folks’ shoulders. They’re right that that’s a serious problem. Even though the Federal government is behind schedule on getting vaccine doses into the States’ hands, those States have the bulk of those delivered vaccines still in the refrigerators, uninjected—they’re vastly behind schedule.

The States and locals, though, are mischaracterizing the problem. Typical is this:

Jeff Duchin [Health Officer & Chief, Communicable Disease Epidemiology & Immunization Section, Public Health], Seattle and King County, WA, said the federal government succeeded in helping fund and purchase vaccines that were developed in record-breaking time, but said it didn’t do nearly enough to ensure that the “last-mile” distribution efforts would be successful.

He’s badly mistaken, and that’s dangerous for Washington’s citizens, and the error itself is dangerous for all Americans. That “last mile” is, and can only be, the responsibility of the States. The Federal government has no authority there.

That’s the nature of our federal republic structure of governance.

The States—Progressive-Democrat-run and Republican-run alike—had been told for months that vaccines would be available by the end of the year. Where was their planning? Even if they didn’t believe the ability to execute commitment, or the commitment itself, that prior planning would have been useful whenever the vaccines arrived. The States chose not to bother.

Personal Responsibility and Incitement to Riot

Andrew McCarthy had an op-ed in Saturday’s National Review in which he talked about the impeachment of Richard Nixon and the impending impeachment of President Donald Trump. In his discussion of Trump, McCarthy had this:

I do think the president has committed an impeachable offense, making a reckless speech that incited a throng on the mall….

He made that claim while offering no evidence. In particular, he chose not to quote Trump or to walk us through his logic in getting from what Trump said to that conclusion. He did offer this:

The president was utterly irresponsible in his demagoguery. He plainly intended for thousands of supporters to march on the Capitol to create political pressure on Vice President Pence and congressional Republicans—i.e., to induce them to take what would have been lawless procedural steps to invalidate electoral votes that states had cast for President-elect Biden.

Demagoguery: a carefully inflammatory—and wholly unsupported—characterization, the nature of which is quite unlike McCarthy’s normal bent.

But beyond that, Trump did, indeed, encourage his supporters to “create political pressure”—that’s what protests are intended to do; they’re not pleasant, sun-blessed strolls with parasols on ladies’ shoulders. As to the “lawless” procedural steps, there were plenty of Congressmen—lawmakers—in both Houses who disagree with the purported lawless nature of the steps being advocated. However zealously.

But there’s a far larger point here, and that’s personal agency, or it’s apparently assumed lack.

Conservatives emphasize the importance of individual—personal—responsibility. That would include the rioters being responsible for their own actions; no one else was then or is now. No one put guns to the rioters, or forced them in any other way, to invade the Capital Building. They did that from their own, deliberately chosen, decisions. Full stop.

What happened to McCarthy’s conservatism? Does he really believe adult human beings are not personally responsible, instead holding that their Betters control those lesser ones’ actions?

I expect that from Progressive-Democrats; that’s at the heart of their “incitement” impeachment claim. And the claim is as insulting to Americans with our individual responsibilities as it is purely political and an act of satisfying pent up grudges.

Some Poll Results

The Washington Times has some McLaughlin Poll results.

  • When voters are told that Joe Biden will be inaugurated on January 20th, but Speaker Nancy Pelosi wants Congress to impeach and remove the President in his last week in office, 60% of all voters say that this is another waste of time and money
  • 77% of all voters think that Congress should make its priority this week dealing with Coronavirus
  • 74% of all voters agree that efforts by Pelosi and the Democrats to try to impeach the President after Joe Biden is sworn in would be politically motivated to prevent the President from running again, stripping his Secret Service protection, and preventing him from having a Presidential Library
  • 65% of all voters agree that by continuing to attack the President, Joe Biden and Nancy Pelosi are making this worse and keeping the country divided
  • 74% agree that if Twitter, Facebook, and Google can censor and take away the President’s right to free speech they can take away the right to free speech for any American
  • 70% of all voters agree that Big Tech companies like Twitter, Facebook, Amazon, Google, and Apple have too much power and need to be regulated to protect the freedoms and privacy of Americans

Especially these:

  • 48% of all voters are less likely to vote for a member of Congress who votes to impeach the President
  • The generic vote for Congress favors the Republicans over the Democrats 49% to 42%.

The survey can be seen here. McLaughlin conducted its survey at the start of this week, and they interviewed 800 voters reflective of the demographics in 17 battleground States of the November election. The 95% confidence interval is ±3.4%.