If you heard a loud cheer this past week, it was the sound of airline passengers cheering as they found out the federal mandate on wearing masks on airplanes and other forms of public transportation got lifted. Afterwards, however, you heard the sound of Leftists heads exploding as they tried to explain why it was a bad thing to let people choose whether to wear masks.
And they found out the judge in question was a Trump appointee who had been ranked as “not qualified” by the American Bar Association. That, along with the gross mischaracterization of the ruling a “a judge with no medical experience ruling on a medical matter,” became the talking point to discredit the ruling without actually taking the time to, you know, read it. But it does open up an interesting question: why would the ABA’s rating of this judge matter? Turns out, it matters a lot… and not at all.
American Bar Association
What the Left thinks it means – an important group whose ranking of judges is essential to determining their fitness for office
What it really means – a group whose reputation carries more weight than its actual rankings
For as long as I can remember, the ABA was the gold standard when it came to all things judicial. Their opinions could make or break a judge’s career, and often did. Then, over time, their opinions started to lean further left than a runner trying to avoid getting picked off on first. As a result, let’s just say only a handful of people take their rankings seriously, and oddly enough, it’s the same people who consider Paul Krugman a credible economist.
Let’s take the ABA’s ranking of the judge in the federal mask mandate case, Judge Kathryn Kimball Mizelle. They took the bold step of ranking her as not qualified because…they felt she hadn’t spent enough time on the bench. Of course, she has the experience of, you know, actually doing the job, so the lack of time on the bench shouldn’t be a disqualifier…except for the ABA and the Leftists who still listen to them.
By contrast, the newest Supreme Court Justice Ketanji Brown Jackson earned a “Well Qualified” rating by the ABA. And that was in spite of Justice Brown Jackson not knowing what a woman is because, “I’m not a biologist.”
Granted, we’re dealing with two different levels of judicial positions, but before Leftists can convince you this will excuse the difference, let me point out the fact the standards seem to be higher for the lower courts if the ABA’s analysis is to be taken seriously.
Which, at this point, we really shouldn’t.
Their rating system categorizes each judge as “Well Qualified”, “Qualified,” or “Not Qualified” under the auspices of a 15-member panel. (Don’t let the fact the Ninth Circus…I mean Circuit Court has 2 votes on this panel sway you.) A simple majority is all that is needed for a judge to get one of the three designations, with a super majority of 2/3 needed to add extra prestige to the designation. Nothing like that new judge smell.
Ah, but that’s where the ABA has gone astray. As the link I shared above shows, the ABA’s leftward tilt has created a system where even the most qualified judge with conservative leanings could be left out in the “Not Qualified” hinterlands while unqualified Leftist judges could get a “Well Qualified” rating with little more than a wave of the hand. As you might expect, this has watered down the ABA’s sway over federal judicial nominations more than a mixed drink at a low-end strip club…not that I know anything about that, mind you.
Adding insult to injury, the past two Republican Presidents, George W. Bush and Donald Trump, made the move away from relying on the ABA’s ratings as a determining factor for federal judicial appointments. This was met by Leftists with one part derision, one part hypochondria, and one part partisan screeching. Or as the rest of us call it, Tuesday. Even before Bush and Trump, it was becoming clear the ABA’s blessing meant jack shit to whether a judge would be appointed. That was bound to happen when your ratings are as questionable as roadside sushi stands in Death Valley.
When President Joe Biden made the move back to elevating the ABA to the judge of judges, it was quite the tell, but it was also an inadvertent admission of how its reputation has been sullied by, well, acting like a bunch of dishonest lawyers. (Yes, I know I kinda repeated myself, but still.) Of course, Leftists will blame Trump for the erosion of faith, but it’s a self-inflicted wound; Trump only poured salt, habanero juice, lemon juice, and pure grain alcohol into it.
And the ABA isn’t getting the hint. With a more critical eye towards actual qualifications instead of arbitrary benchmarks, we will get better judicial nominees and appointees instead of “check the box” style candidates whose external “qualifications” hold more weight than their curricula vitae. (That’s Latin for “boring shit academics put on resumes instead of saying they worked as a night stocker at Piggly Wiggly to get through law college.” Didn’t know ancient Rome even had a Piggly Wiggly, did ya?) That’s why I think the ABA needs a procedural tune-up.
First, we need stricter guidelines for the three designation levels. Just because a judge wins a popularity contest doesn’t mean his or her rulings aren’t shit. Here are my suggestions.
– “Not Qualified” should be only for those cases where the judge couldn’t follow basic jurisprudence with a highlighter and the spirit of Earl Warren helping them. In fact, this ranking should be reserved for those who shouldn’t even be allowed in court to defend themselves in a criminal case. Like Congresscritters.
– “Qualified” should mean the nominee has a firm grasp on the law and how it and the Constitution are interpreted. This should not mean he or she would rule a certain way because all the other judges are doing it. The judge has to show his/her work. Doesn’t have to be anything flashy or profound. Just competent, and God knows we need more competent judges on the bench.
– “Well Qualified” should be reserved for the truly exceptional judges, ones who craft well-reasoned decisions and/or showed scholarly traits that helped to advance our understanding of the law and/or Constitution. I’m talking the best of the best. This designation should be rarer than how Count Dracula orders his steak, and it should be backed up with evidence so we know the judge is truly worthy of the designation.
Next, I would make the ABA members who vote on the designations present their cases arguing solely on the merit (or lack thereof) of the candidates themselves. That means they are going to have to do their homework (or have their clerks or interns do it). I feel this can be done through a blind test where a judge’s ruling is laid out, minus any identifying details that would like him or her to the ruling. After study and deliberation, the ABA can then vote for the candidate’s designation. Oh, and if it’s determined one of the members voted purely upon ideological or political grounds instead of the merits, they gone and their vote nullified.
And one final reform. Until the American Bar Association can get its act together and start acting in a non-partisan manner, their opinions should be taken with a grain of salt. And I’m talking a grain of salt so big it will be open for skiing and snowboarding. Maybe attract mountain climbers and sherpa. That big.
Month: April 2022
Leftist Lexicon Word of the Week
Last week the Biden Administration finally took action on an issue that consumed our nation’s attention. And I, for one, want to give the President credit due him for taking a bold stand against…ghost guns.
Confused? You should be. This was a new one for me, considering the only ghost guns I knew of came from the Ghostbusters and they were fictional characters. However, the Left wants us to believe ghost guns are a real threat to society, which obviously means it is…to Leftists.
ghost guns
What the Left thinks it means – a dangerous variant on the already escalating gun problem in America
What it really means – the inevitable result of gun control laws
To put an actual concept to the term, ghost guns are firearm kits or weapons that can be purchased online without a background check. What makes them so concerning to Leftists is the fact they are untraceable and lack a serial number, so they can’t be traced back to an individual. Although the Left wants to frame this as a public safety issue, there’s a more obvious explanation of why Leftists are freaking out about ghost guns.
Ghost guns avoid Leftist gun control laws and the licensing fees connected to them.
Whenever you come across a Leftist issue like this that doesn’t seem to make much sense to introduce at a particular time (so, basically, any Leftist issue), most likely it’s being brought up because of money, power, or both, since these are the motivating factors behind anything the Left does. Altruism doesn’t enter into the picture unless it’s spending other people’s money to accomplish it. They’re in it for purely prurient reasons.
Case in point: gun control laws.
Have you noticed the number of gun-related deaths in cities and areas with strict gun control laws? Why, it’s almost as though…criminals don’t follow laws or something! But instead of packing it in and realizing they are walking definitions of insanity, Leftists double down (or would it be double-barrel down) on more gun laws, knowing they don’t work as well as they want us to believe. But they do work in generating income and creating a power dynamic that allows the government to dictate to peons…I mean citizens. In some places, a cat can haz cheezburger before even law-abiding citizens can get a gun permit, and it’s even worse in “may issue” states where you can be denied a permit even if you jump through the legal hoops to get one simply because the government says so.
But remember, kids, Republicans are the ones who want to dictate to us how to live our lives because Leftists say so.
It is said necessity is the mother of invention, but being able to piss off Leftists is a pretty good motivator, too. Instead of knuckling under to Leftist demands, people have been figuring out ways to make working firearms and making money off it and keeping the Leftists out of the process altogether. It’s the American Dream as written by the NRA!
By making it more difficult to own firearms, making moves to make it harder and more expensive to get ammunition (which, by the way, is also a DIY project), and doing next to nothing about the proliferation of violent crime, Leftists laid the groundwork for ghost guns to be a thing. Nothing like a self-own to make a Leftist idea go up in flames like the Hindenburg.
Which brings us to another reason the Left introduced the ghost guns issue right now: the Biden Administration has been the political equivalent of a flaming bag of dog shit put on America’s front porch while Kamala Harris rings the doorbell. Between the never-ending Hunter Biden scandals and the numerous bouts of political, economic, and foreign policy incompetence, Joe Biden needed a win. Unfortunately for him, this ain’t it. Most people don’t know even know what a ghost gun is, but the President decided to make it the focal point of a Rose Garden event. It’s like letting Hannah Gadsby headline a comedy show, or the opening of a Blockbuster Video for that matter: those who know are already going to go, but most people won’t and there’s not enough interest to attract them.
I know this is going to be a risky prediction to make, but dammit I really think this one’s going to pan out. Any laws or regulations concerning ghost guns is going to fail. I’m no Nostradamus, but given the track record of gun control laws and their failure to address gun violence in any meaningful way, I’m confident this will end the same way and for the same reason: Leftists don’t think far enough ahead to see the fatal flaws of their ideas. Which makes it better for us because a) it lays the groundwork for those ideas to be challenged and eventually defeated, b) it gives us ongoing topics for blog posts, and c) it provides endless opportunities for humor!
Unlike Hannah Gadsby.
Not Qualified
The Newest Associate Justice of the Supreme Court of the United States wasn’t nominated because of her merits, skills, knowledge, or experience. She was nominated because she was a woman and because of the color of her skin.
During her nomination hearing we learned her lacking of knowledge. As a woman, she couldn’t define a what a woman even was. Something that you don’t have to be a biologist to know.
During her nomination hearing we learned of her lack of merits. Allowing light sentences for dangerous criminals allowing them to leave prison early and to re-offend violent crimes.
During her nomination hearing we learned of her skills and experience within the knowledge of Law. No one is all encompassing in this vast body of skills and experience. And she was no exception.
I think she certainly needed more experience, merits, and knowledge before being named and confirmed to the highest Court.
Leftist Lexicon Word of the Week
This week the Left experienced a great disturbance in the Farce…I mean Force, as if thousands of voices cried out and were silenced. Did they finally see what was on Hunter Biden’s laptops? Did the Socialist Socialite decide not to run for office again? Did Nickelback announce a new album? Nope! Something far, far worse.
Elon Musk bought nearly 10% of stock in Twitter, giving him a seat on their board.
The Leftist meltdown has been a joy to behold because it gives us an insight into how little the Left understands the underlying concepts at work here and how they’ve managed to screw up something so simple. Plus, it’s funny watching Twitter Leftists with hair color matching their blue checkmarks get triggered.
Twitter
What the Left thinks it means – an influential social media platform run by a private company
What it really means – the online equivalent of a SuperFund clean-up site
Now, for the “Star Wars” fans out there, I was tempted to compare Twitter to Mos Eisley (a.k.a. “a wretched hive of scum and villainy”), but that wouldn’t have been fair. Mos Eisley is far less toxic than Twitter and I don’t want their Chamber of Commerce on my ass for comparing the two.
Anyway, as you might have guessed, I have a pretty low opinion of Twitter, and that’s not without reason. The primary reason for this is the multitude of really dumb things said on it that other Twits…I mean Twitter users think are profound and worthy of further investigation. I point you in the direction of the Tweets of Bette Midler, Keith Olbermann, and my personal favorite Cher, among many, many others. Politicians, celebrities, athletes, and political and social movement spew whatever comes out of their pointy little heads and the world can see it. I know sunlight is the best disinfectant, but too many Twits…I mean Twitter users are using it as a spotlight.
Granted, that is more of a personal thing with me, but Twitter’s application of its own Terms of Service is more far-reaching. Since the advent of President Donald Trump, Twitter and other social media companies have taken it upon themselves to act like information gatekeepers, fact checkers, and Internet cops all in one. And they were as effective as the Weekly World News, PolitiFact, and Paul Blart all in one. From holding conservatives ultra-accountable for infractions (real or imagined) that Leftists get away with repeatedly without consequence to out-and-out banning accounts for “misinformation” for the unforgivable sin of providing information about COVID-19 that wasn’t getting covered otherwise, let’s just say Twitter’s track record in applying inconsistent standards, let alone consistent ones, isn’t good.
Then, there’s Hunter Biden and his laptops. Twitter and other social media actively ran interference for President Joe Biden by punishing people and organizations who decided to, you know, pay attention about something Leftists didn’t want to address right before the 2020 Presidential election. But Russiagate and its offshoot Pissgate are given a wider berth than Michael Moore at an all-you-can-eat buffet. But it’s not like Twitter has been slow to restore accounts they erroneously termina…oh, wait. We’re still waiting on Twitter to man up and restore the accounts.
Let’s just say I’m not holding my breath on that.
Having said that, Elon Musk jumping into the Twitterverse and buying enough stock to make the world take notice may turn out to be a bigger blessing than the Left wants to admit. Within the past few days, he has already shown to be an active listener to the users and actively ask them if they wanted an Edit feature added to Twitter. You would think he was handing out free tickets to a Scandinavian orgy the way Twitter users responded. Whether that comes to fruition is yet to be seen, but I’m going to guess Musk is going to bring Twitter into the 20th Century by allowing something Microsoft Word has had since, oh, Bill Gates had a decent haircut.
As you might expect, Leftists aren’t happy that Musk is getting involved in Twitter because they’re afraid he’s going to change the current model, which is “Let Leftists have all the perks, privilege, and protection while fucking over everyone else.” Who knew such a short-sighted approach would have negative consequences? Even the threat of Musk making slight changes to how the Terms of Service is applied has Leftists screaming about how fascist he is. I mean, more than usual.
For years, Leftists have relied upon Twitter being a private company as a defense against anyone accusing the social media giant of censorship and violation of free speech rights. To be fair, though, they do have a point. Twitter is a private company and can write and enforce whatever rules they want. But with that flexibility comes an expectation to enforce the rules evenly. Even with my already low expectations of Twitter, the brain trust there keeps figuring out ways to limbo under them when it comes to enforcement.
Ah, but there’s the rub. Under the current status quo, Leftists have all the power, thus turning Twitter into an echo chamber of Leftist ideas. Even the most extreme ideas are held on equal footing with merely stupid Leftist ideas, all because a good chunk of Twitter employees think it’s their job to promote “right” thinking. Put another way, these folks are the Ministry of Truth in the cyber world. If someone they agree with says 2 + 2 = 5, you had better be ready to Tweet it without question.
That should scare you more than Elon Musk scares Twitter.
While the Left tries to figure out how to hold onto their Ministry, we can enjoy the shitshow for what it is: well, a shitshow. As far as getting a Twitter account or maintaining it, I would hold off for now if only to see what Elon Musk does with his newfound social media power. I wish him all the best, regardless of what he does, because he’s going to need all the good vibes he can get.
But, to be crystal clear, I won’t get a Twitter account until someone adds a lot of chlorine to the social media swimming pool.
Leftist Lexicon Word of the Week
It’s April, and it’s time for one of the Left’s favorite activities to resume. Is it the start of Major League Baseball? Nope. Is it the NBA playoffs? No. Is it whining and complaining about the rich not paying their “fair share” in taxes?
Bingo.
The “fair share” drumbeats started up again like a Neil Peart drum solo recently when President Joe “I Helped My Son Get a Sweet Gig in Russia and All I Got Was 10%” Biden proposed a new minimum tax for billionaires (or more precisely hundred millionaires) of at least 20% on their actual income and any assets that have gained value but haven’t been sold yet. Sorry for the long sentence, folks, but to fully express the proposal, I had to be a little long-winded. Meanwhile back in the main topic, Leftists are happy with this proposal because they say it will help with the deficit. But, as you might expect, there’s a bit more to their love of taxes.
taxation
What the Left thinks it means – a means to pay for the services the government provides
What it really means – a way to punish people more successful than Leftists will ever be
Leftists thrive on negative emotions, but the coin of their realm is jealousy. Well, that and killing babies in the womb, but it’s hard to pay for massive government spending in baby parts. Besides, Planned Parenthood needs the money to buy exotic cars!
Where jealousy comes into play in regards to taxation is two-fold. First, the Left needs us to believe people like Elon Musk are gaming the system and, thus, taking advantage of the workers of America. Second, the Left blames any lack of progress in addressing societal ills on not getting enough money from the government. And as we’ve seen in recent decades, both facets work really well to get people to support higher taxes for the evil rich.
And I don’t just mean higher tax payments, either. The Left thinks the tax brackets are too low for the wealthy, so they are always looking for ways to jack up the tax rate to stick it to The Man. If you doubt this, ask a Leftist why they don’t support a flat tax, which would mean everybody would pay the same tax rate. Their answers range from “because everybody paying the same tax rate wouldn’t be fair” to “keep licking the fascist boots of the corporate overlords, you idiot.” But, really, it boils down to this.
Leftists use taxation as a purely punitive measure.
Remember the Left’s belief in a zero-sum game as it pertains to economics? If not, it’s the notion that there is a finite amount of wealth, so any time a rich person makes money it’s at the expense of a poor person. If so, it’s the same concept, but I’m far more apologetic for repeating myself. In either case, it’s based on a faulty premise: that there’s a finite amount of money. Anyone who has followed the expansion of the national debt can see the flaws in the zero-sum game idea.
But a little thing like being divorced from reality like they were Liz Taylor or Mickey Rooney won’t stop Leftists from pushing class hatred in the name of spending other people’s money. All they have to do is make the poor and middle class hate the rich and the lack of reality won’t matter. Needless to say, but necessary to type, this has worked well and continues to work.
Beyond income taxes, the Left has ways to punish the lower and middle classes through taxation. Yes, I’m talking about gax taxes. Contrary to popular Leftist belief, oil companies aren’t gouging people at the pump by jacking up prices. Based on current calculations, those evil greedy oil companies are making…pennies on the dollar with every gallon sold. That’s not a clever turn of a phrase, mind you. I’m talking literal pennies on the dollar (and unlike the kids of today, I do mean literally in the literal sense). And when you consider the costs oil companies incur to refine oil into usable fuel, it’s a wonder they even want to keep drilling.
On the other side of the equation, there’s an entity that rakes in far more money with each gallon of gas sold and incurs none of the risks and costs to get it. If you guessed the state and federal governments, you get a gold star! And these taxes affect the working class more than the upper class. You’re more likely to see Rosie O’Donnell successfully going through Weight Watchers than to see Bill Gates topping off his tank at the local Gas and Sip.
And you’re even less likely to see Leftists support suspending gas taxes right now. After all, it’s free money, and it’s a way to punish us for continuing to use the internal combustion engine instead of being able to fork over several thousand dollars to get an electric car or a hybrid…that would also use fossil fuels like gasoline to get from point A to pointless B. There’s that word “punish” again, kids!
Now, if you’re like me and not keen on paying more taxes than owed, the Left will try to guilt you into paying more by invoking patriotism. In fact, President Pudding Cup once said paying taxes was our “patriotic duty.” Who wants to be seen as not patriotic, right? Of course, this argument might be more persuasive if a) tax dollars were being spent on the country instead of pork programs with no practical application, b) we wouldn’t get in trouble with the IRS for non-payment, c) the government typically doesn’t get rid of old taxes because free money, d) around half of the American population pay little-to-no taxes in the first place, and e) the Left didn’t hate America so much. To be fair, I’m surprised Leftists don’t scream out in pain like vampires taking a holy water shower when they wrap themselves with the American flag.
Even if I grumble at paying taxes out of fear of the IRS giving me an anal cavity search without so much as dinner and a drink, I understand the need for taxation. There are some things we need to pay for, like national defense and infrastructure, because they’re in the Constitution and make sense to spend money on. (Try beating back the Chinese Army with pool noodles, oddly enough made in China.) Having said that, we need to start drawing a few lines before we’re taxed after we die…oh, wait.
Taxes are a necessary pseudo-evil. Like with fire or Auto Tune, they are tools whose use determines whether the results are good or bad. And when they’re used for the purposes of fostering hatred and jealousy, as they are with the President’s billionaire’s tax, there can be no good outcomes.
Except, of course, if you’re sitting on a few empty Swiss bank accounts.
It wasn’t Faked
I haven’t watched the Oscars. Even when Kristen watched them I was doing something else with my time. I just don’t care about what Hollywood thinks of Hollywood.
But with the Oscars this spring we have the Will Smith & Chris Rock slap. Some say that the slap was staged to boost failing ratings. The problem with this theory is you would have to be watching the Oscars in the first place to boost it’s ratings. Instead of seeing the slap on the news or YouTube after the fact.
So this wasn’t staged. You can tell by how Chris Rock lost his pace after the event and stumbled around to continue with this presentation. And why he isn’t pressing charges for the assault. When are we going to get hands registered as assault weapons?
Chris Rock got off easy for insulting Will Smith’s wife. Will Smith could have come up on stage and punched Chris Rock’s lights out. Will Smith could have backhanded Chris Rock into next week. But he only slapped him and then yelled at him from his seat.
In the 1800’s there would have been a duel of honor for insulting a man’s wife. Pistols at 20 paces or a sword fight. Again, Chris Rock got off easy. And Will Smith came to defend the honor of his wife.