In the aftermath of recent Supreme Court decisions that Leftists didn’t like, they’ve adopted a new plan of attack: undermining the credibility of the High Court by any means necessary. It’s even gotten to the point a Georgetown law professor tweeted out a missive calling the Supreme Court “actively rogue.”
Hoo boy. It’s one thing for a lay Leftist to tweet out something this stupid, but when it’s someone teaching future attorneys, the stupid actually hurts.
First off, Leftists need to drop the “rogue court” bullshit because, well, it’s bovine scat. Regardless of how you feel about it, the fact remains each current Supreme Court Justice went through the same process with only minor deviations from the set script. The opposing party tries to sink the nomination through stupid “gotcha” questions asked by politicians who wouldn’t know habeas corpus from a hole in the ground, while the supporting party chucks more softballs than an explosion at a Nerf ball factory. Granted, it’s supposed to be more substantive than this, but this is the Senate we’re talking about here. You’re more likely to find a virgin on a porn set than you are a smart Senator.
One of the reasons the Left is committed to the “rogue Supreme Court” line is they got played by Mitch McConnell with an assist from Chuck Schumer. To try to get some of President Barack Obama’s judicial nominees through the confirmation process, Schumer set the precedent that a simple majority was good enough to approve the nominees. Well, McConnell applied that precedent to Supreme Court nominees, even after warning Senate Democrats of what could be coming if they went ahead with the Schumer strategy.
Then, there’s the Merrick Garland situation. Due to a vacancy on the High Court, President Obama had the opportunity to nominate a Justice, but McConnell again relied on precedent to block Garland’s nomination from going forward due to the vacancy occurring during a Presidential election year. As a result, Garland went from ineffective Supreme Court nominee to ineffective Attorney General, Donald Trump got three picks, and Leftists got their panties in a bunch because they got played by a Republican, and a Southern Republican at that!
That blow to the collectivist ego is what I think is driving the “rogue court” sentiment right now. The recent decisions going against the Left’s wishes add fuel to the fires of hatred, but it’s the agony of defeat that was the spark that set the kindling ablaze in the first place. And that’s what we have to fight right now. The Supreme Court isn’t acting on its own against the Constitution, as can be seen by, oh I don’t know, reading the fucking decisions before throwing a temper tantrum?
The thing is the Left doesn’t mind courts going rogue if the end result is what they wanted in the first place. Like Roe v. Wade, for example. The reason it’s been so controversial is because its legal and constitutional standing are shakier than Jello on the San Andreas Fault during a 4.8 on the Richter Scale. Or that analogy, even. Anyway, the point is the Roe decision was eventually going to come to a head and the foundation of balsa wood and wet tissue paper it was sitting on would crumble. If Leftists wanted to avoid this problem, they would have codified legal abortion through the legislative process. However, they didn’t because a) they’re short-sighted, b) they’re dumbasses, and c) they ironically relied too heavily on the conservative nature of the Supreme Court.
Now, I’m not talking politically conservative here. What I mean is the High Court’s tendency not to undo lower court rulings unless there’s a Constitutional means to do it. As much judicial activism as there is in this country, the USSC isn’t a hotbed for it. In many cases, the rulings are based on legal scholarship, understanding of Constitutional principles, and a dispassionate approach. With abortion, however, that last one goes right out the window with Justices playing to their respective crowds. That turns any confirmation hearings into a political Kabuki theater where a lot gets said, but little of substance is found. You know, like a Kamala Harris speech.
Since the advent of “Borking” judicial nominees, politicians from both sides have figured out the art of the “gotcha” question, most of which with nothing to do with the job duties. Whether it’s asking a nominee whether Roe v. Wade is “settled law” or what a woman is, we should be collectively asking “What the actual fuck?” It’s not to develop a full picture of a nominee’s legal philosophy; it’s to try to draw rhetorical and metaphorical blood.
And now it’s being used to demand three current Justices (Gorsuch, Kavanaugh, and Coney Barrett) be impeached for, get this, perjury when they said Roe was “settled law” when they were under oath at their confirmation hearings. Since most Senators have the intellectual prowess of kale, they fail to understand the fact any judicial candidates can only speak to the condition of the Roe decision at the time of the hearing because…they haven’t had a chance to rule on cases brought before the Supreme Court yet.
You know, I take back what I said about most Senators. Kale understands chronology better.
If you’re basing your entire belief of a “rogue court” on the idea current Justices lied under oath about “settled law” before they got to be Justices, you’re missing the point completely. We’re not asking the High Court to be prognosticators. Their job is to interpret and apply the Constitution to cases brought before them. And with Roe, the “settled law” was on unsettled ground.
And while we’re here, let’s get something crystal clear: “settled law” is not a thing, especially these days when lawyers find all sorts of new ways to fuck up the language in defense of an idea, let alone a client. It may be a rare occurrence, but the Supreme Court does change its mind on legal matters (and not because some evil right wing cabal with deep pockets is secretly paying them under the robes). Some of the most recent examples of “settled law” being tossed out like Charlie Sheen at an AA meeting involve gun control. After decades of rulings that have allowed strict gun control laws in cities and states to stand, the Supreme Court has changed course and overturned previous decisions based on the Second Amendment, and it looks like those more recent rulings are going to stick, at least for now.
Even if you discount that example, there’s another example that you might have heard of where “settled law” got nuked. It’s called Brown v. Board of Education of Topeka, a decision that reversed the “separate but equal” ruling from Plessy v. Ferguson.
Any Leftists want to call out that “rogue Supreme Court” for undoing “settled law”?
Although a lot of the hatred is being directed at Justice Clarence Thomas, there is additional vitriol being spewed at the aforementioned Justices Gorsuch, Kavanaugh, and Coney Barrett. Although the Left wants to make it about alleged perjury, the actual reason may be a lot more basic. And I mean that as in “simple” and “crude.” What do these three Justices have in common, aside from sticking in Leftist craws? They were all appointed under Donald Trump. Even though Leftists managed to beat Trump in the 2020 election, he still manages to find a way to live rent free in their collectivist heads and still have space for all of Trump’s stuff, an Olympic size swimming pool, the Taj Mahal, and at least 3 football fields (NFL, Canadian, and Arena Football).
The fact Trump’s appointees have foiled the Left repeatedly pisses them off to no end, so instead of taking their lumps and figuring out how to govern, they use the “rogue court” defense. After all, they can’t be legitimate because Trump appointed them, right! And they still maintain Trump was never a legitimate President (although voters in Wisconsin might disagree). If they can’t win, they claim chicanery. Like when they claim Senators get into office because of gerrymandering.
Yes, kids. They are just that stupid.
The Left also has a Constitutional problem when it comes to “settled law,” namely their contrary position on the Constitution itself. Remember, the Left loves to say the Constitution is a “living document,” meaning they can make up what they want to be in there and get a court to agree with them. But wait…if the Constitution can be fluid, why are some Supreme Court decisions based on interpretations of it unable to be just as flexible? Or it is only decisions Leftists agree with that are set in stone?
Things that make you go hmmmm…
To put a nice tidy bow on this piece, we need to consider Leftists are now trying to figure out how to “discipline” the Supreme Court for going rogue (at least to Leftists). All because the High Court didn’t rule the way they wanted. For all their faults, the Right understands the rules and found a way to get a long-desired goal by working within the system. They didn’t bitch and moan about how the Supreme Court was horrible and needed to be punished. They got Justices appointed, crafted legislation and legal arguments to achieve the goal, and got it done without too much drama. Calling a branch of the government “rogue” doesn’t move the needle for anyone but those who already think that way, and it doesn’t help make the argument for anyone outside of the hivemind.
Ultimately, though, it is nothing but sound and fury, representing nothing but a hissy fit from people who didn’t think they would ever have to play within the rules to get what they wanted. Now that the Supreme Court has ended that judicial gravy train for the Left, they’re left complaining, maligning, and utterly missing the point. The Right plays the long game, while the Left plays the short-sighted game, and the Left keeps losing with this strategy. Do you honestly think calling the Supreme Court “rogue” or looking for ways to neutralize, circumvent, or vaguely threaten the High Court will work?
Spoiler Alert: it won’t. And it won’t help you look any less lawless.
Tag: amy coney barrett
Leftist Lexicon Word of the Week
Supreme Court Justice Amy Coney Barrett may not have had a chance to figure out what other Justices wear under their robes, she has shown she can sway a decision in short order. By a 5-4 verdict, the Supreme Court struck down New York State’s restriction on religious services due to COVID-19. And as you might expect, the Left took it as well as they usually do: by using Twitter to call her “Amy Covid Barrett.”
The reason for the Left’s latest bout of Loser-itis, aside from resting on the laurels of two previous decisions in their favor, is a gross misunderstanding of the First Amendment’s “Establishment Clause.” Many Leftists on Twitter felt the ruling violated the Establishment Clause because…well, I’m still trying to figure that out, but it might have something to do with Justice Barrett’s faith.
The heart of the case involves faith, and not just Justice Barrett’s. Thanks to New York Governor Andrew “Fredo’s Smarter Brother” Cuomo’s edicts, the question of religious freedom during a pandemic came front and center. And for this week’s Lexicon, let’s take a look at the larger concept of religious freedom.
religious freedom
What the Left thinks it means -the right to worship as you see fit, unless you’re a Christian
What it really means – a vital freedom the Left feels it has to destroy or undercut
The Left’s approach to organized religion is much like their ethical standards; a lot depends on the situation. Much like their world view, Leftists approach religion in terms of a power dynamic, with Christians (used interchangeably with the term “evangelicals”) seen as the most powerful. As a result, Leftists want to hinder Christianity while elevating other religions, namely Islam. That means Muslims get the benefit of the doubt whenever one of theirs does something minor like, say, killing coworkers at a Christmas party, but Christians don’t when they do something major, like…putting a Nativity scene in a public park.
Thanks, ACLU.
And really that’s how the Left has made their religious animosity into law: through the judicial system. Whenever a Christian makes a move in accordance with his/her faith, the Left runs to Big Daddy Government to get their way. Through legal wrangling, identifying loopholes that are either in the original text or an Oktoberfest-pretzel-making frenzy of legal arguing, and a Supreme Court case that made any public school action subject to the “Congress shall make no law” section of the First Amendment, you’re more likely to find a non-violent ANTIFA member than you are to find a Leftist willing to let Christians celebrate without issue.
Although Fox News and others have called such a notion this time of year “The War on Christmas,” the real issue isn’t so specific. Any time a Leftist strikes a blow against Christianity, it affects all religions because the same rules can, may, and eventually will be used against them all. Need proof? Governor Cuomo’s edict that brought about this Supreme Court decision affected any religious gathering. In response, members of the Catholic Church and Jewish faith brought the suit that ultimately ended up in the Supreme Court’s lap.
And because Justice Barrett wasn’t shy about her faith during her confirmation hearing, the Left pinned the decision on her. But the reality is…the Left sucks at reading the Constitution. Although they’re familiar with the Establishment Clause, they overlook the second half which prevents Congress from making any laws that prohibit the free exercise of religion. Using Leftist logic, that means Governor Cuomo did his brother Fredo proud…in the bad decisions department.
And if there’s one thing Leftists hate, it’s using their own tactics against them. Well, except if you take into consideration the late Justice Ruth Bader Ginsburg upheld similar restrictions in two previous cases, and her replacement turned the tide. Regardless, there was a clear violation of religious freedom in each case, but only the most recent decision recognized it and brought it to the forefront where it should have been in the first place.
That’s the problem, though. The Left has made it easy to ignore or overlook religious freedom because they have successfully lobbied society to adopt an “all or nothing” approach to religion. Essentially, the Left says religious freedom is only applicable if all religions are represented. Otherwise, the only fair thing to is to have no religions represented. Using people’s feelings to get what they want. That’s the Leftist way!
This is going to be a controversial statement for some and it’s not meant to offend. If you want religious freedom for all, you are going to have to get along with people of different creeds. That means not trying to convert non-believers and leaving them alone to worship as they see fit. The expectation, though, is they will do the same. To put it in the Lutheran vernacular, it’s one big potluck where everyone will bring a little something to pass, and no matter how bad the Jello is, you put it aside and focus on the Little Smokies. There is strength in numbers, and when it comes to religious freedom, there is no time to let theological disagreements get between us.
So, break bread with a Baptist! Go to brunch with a Buddhist! Get lunch with a Lutheran! Grab a coffee with a Catholic! Share a snack with a member of the Church of Shatner (and, yes, this is a real thing)! Dine with a deist! And round out your night with s’mores with Satanists! As that great philosopher Red Green says, we’re all in this together.
Leftist Lexicon Word of the Week
This past week saw the Amy Coney Barrett confirmation hearing devolve into a monkey dung fight with better suits, but one concept that kept being introduced in between the handfuls of crap being flung was originalist. The Left came up with their own unique (i.e. utterly insane) interpretations of the idea, often pointing to the way women were treated when the Constitution was ratified. In short, the Left wanted ACB to get back in the kitchen, but it’s not sexist when they do it.
Yet with all of the talk on the Left about originalist thinking, few have actually nailed it down. And by few I mean it’s rarer than a Nosferatu burger that a Leftist got it right. So, consider this a teachable moment for the Left.
originalist
What the Left thinks it means – a backwards way of applying the Constitution to legal cases because of cultural changes and the passage of time
What it really means – applying the Constitution as written to legal cases
With the exception of a few Amendments, the Constitution is pretty straightforward as to what the government can and cannot do. As a result, Leftists try to muddy the waters so it’s not as simple as it looks, and since Leftists think they’re the smartest people in the room, they volunteer their expertise to interpret the Constitution (as they interpret it, of course). If someone were to come along and point out the simple concepts the Left tries to misconstrue, that person becomes a threat.
You know, like Amy Coney Barrett.
Whenever the Left sees a threat to their self-imposed intellectual supremacy, they calmly and maturely state their case as to why originalist thinking is dangerous. And if you believe that, I have swamp land in the Gobi Desert I’d like to sell you. I’ll even throw in a free Gobi Dessert with a purchase!
What the Left does with originalists is portray them as out-of-touch, uber-conservative types who don’t understand society changes, so our interpretation of the Constitution has to change. Remember, the Left believes the Constitution is ever-changing, always in flux, and means different things at different times. As much as our personal interpretations of the Constitution can change with time and social perspectives, that doesn’t change what is actually written.
Take one of my personal favorite Amendments, the First Amendment. When making decisions on everything from whether online speech should be regulated to whether a community can have Christmas decorations in public parks, people often overlook the key five words at the very beginning of the First Amendment: Congress shall make no law. Thanks to our friends on the Left and their allies in the ACLU, anything that gets government funding is subject to the limitation placed specifically on Congress, and if you disagree or resist, they will sue you. Call me crazy (and I’m sure some of you already do), but I’m curious how a Christmas decoration in a public park equates to an act of our legislative body. Although I’m curious how my mayor voted on Obamacare…
Now, imagine an originalist taking a look at all of the lawsuits and threats of lawsuits from the ACLU and dismissing them because Congress didn’t act. (So far, it hasn’t happened, but a boy can dream.) Not only would it make the ACLU look like idiots (which happens on any day that ends with “day”), but it would remove the power the Left has to suppress the free expression of religion through subversion of the First Amendment. (Oh, and by ignoring the whole “nor prohibit the free exercise thereof” part of the First.)
Even with something as vital and impactful as a Supreme Court decision, the Left is playing political games, mainly because they know they can’t win people’s hearts and minds and need the courts to enact the Left’s agenda via judicial fiat. Of course, the easiest way to win hearts and minds is to…oh, I don’t know…come up with ideas that don’t suck. The originalist nukes this tactic from orbit because he or she understands the limits of the judiciary and will most likely toss out the bad decisions for legislative bodies or, Heaven forbid, the people to decide.
Therein lies the key difference between Leftists and originalists. The Left uses the Constitution as a Swiss Army knife, a tool for every idea developed by and for tools. Originalists use the Constitution as a map to guide an outcome so no one gets screwed in the end. (Unless, of course, you’re into that kind of thing.) This has a lot to do with how well each side understands the Constitution and to what ends. The Leftists have a workable understanding of the letter of the law, but only enough to find or create loopholes. Originalists have a deeper understanding of the words in and concepts behind the Constitution so they can understand the spirit of the law, not just the letter. This knowledge of context makes it easier for the originalists to pick out the wheat from the chaff in the Left’s Constitutional arguments.
Which pisses off the Left to no end.
Although the Left’s opposition to Amy Coney Barrett appears to be based on abortion rights or dismantling the Affordable Care Act, underneath is a deep contempt for her originalist stance and a fear she won’t take any of their monkey dung masquerading as legal and Constitutional concepts. And given some of the questions/rants provided by the Senate Democrats, monkey dung might have been the most substantive things they had against her.
Leftist Lexicon Word of the Week
There’s an old Chinese curse, “May you live in interesting times.” With a wild Presidential election year and 2020 being, well, 2020, we are indeed living in interesting times. And that has lead to some interesting prospects coming up sooner than we think.
For the past couple of months, the Left has floated the idea of adding more Justices to the Supreme Court, a practice known as “packing the court.” It’s been done, or at least threatened, in the past with varying degrees of success. Now, in the shadow of Ruth Bader Ginsburg passing away and Amy Coney Barrett possibly becoming the newest Supreme Court Justice, the Left wants there to be more chairs that need to be filled.
Looks like Norm Abrams might need to start a show called This Old House of Justice. And maybe he could make some new chairs on the Olde Yankee Woodshop.
Meanwhile, let’s unpack this packing the court business, shall we?
packing the court
What the Left thinks it means – adding more Supreme Court Justices to balance the diversity of the High Court and the ideas being discussed
What it really means – adding more Supreme Court Justices so the Left can circumvent making an argument to the American people
Let’s be frank. This whole “packing the court” idea wouldn’t have become an issue if President Donald Trump lost and if the Senate were under Democrat control. With Hillary Clinton as President, the Left could have counted on her to find a nominee who was far enough Left that he/she/zer could make Lyndon LaRoche look like Rush Limbaugh. And with a Democrat-controlled Senate, the advise and consent could be done via TikTok, or possibly through emojis.
Even that might be too complex for some of the Senators, but that’s another story.
Once Trump won, the Left’s plans went up in smoke like Denver, Colorado, on 4/20. Then, when the Democrats failed to win back the Senate with their can’t-miss slogan “Orange Man Bad,” they were left with trying to impeach the President for crimes that weren’t actually crimes, per se, so much as they were the delusional rantings of a group of Leftists whose knowledge of the Constitution begins and ends with spelling “Constitution.” When that succeeded and Trump wasn’t removed from office for, well, not doing anything illegal, the Left’s focus became adding seats to the Supreme Court to counteract the President’s agenda.
Before I go further, let me point out the Left aren’t known for good long-term strategy. Their strategy is in-the-moment and assumes the best possible outcome. So, when their ideas crash and burn like the Hindenburg but with more government spending attached to it, they don’t know how to react. To them, their plans were and are perfect and it must be because of dirty tricks by the Republicans that the plans didn’t come to fruition. Case in point: Russiagate. At this point, they would be happy to prosecute a Trump surrogate who likes White Russians or had a salad with Russian dressing once, if only to “prove” Trump got help from Russia to win the Presidency. It couldn’t have been something else, like Hillary Clinton being the worst candidate in recent history (and that includes Michael Dukakis, John Kerry, and Mitt Romney, kids).
Meanwhile, back in the original point I was making, the Left hasn’t thought out this packing the court idea very well for the reasons I mentioned above. They are assuming Joe “I Lost Twice in Previous Presidential Candidacies and I Still Got the Nomination” Biden will win because…say it with me, friends…”Orange Man Bad.” In order for this plan to work, Democrats need to retake the Senate, and this year is just crazy enough that it could happen. Having said that, it’s not a lock by any stretch of the imagination. Even less than 30 days before the election, something crazy can happen that will upset the checkerboard.
Like, maybe…avoiding answering the question about whether Joe Biden and Kamala Harris are in favor of packing the court.
Oh, and the continuing chaos in Portland and other cities across the country.
Or the poor performances of Biden and Harris in the debates.
Or Hunter Biden being indicted for financial crimes aided by his father.
You know, any of the usual things that can trip up a candidate this close to Election Day.
The point is packing the court relies upon Joe Biden winning and Democrats getting control of the Senate again. If one of those prospects doesn’t pan out, it’s game over. But there’s another aspect the Left hasn’t through about: President Trump might pack the court before Leftists get a chance. You think Amy Coney Barrett is a dangerous candidate? Imagine repeating that process with men and women just like her.
That popping noise you hear right now is the exploding of Leftists’ heads as they realize the President could do just that.
Which will not only make the Left mad, but that much more motivated to win the Senate in 2022 and the Presidency in 2024 so they could get more Justices on the Supreme Court…which will motivate the Right to do the same. And before we know it, the Supreme Court will need to meet at FedEx Field. On the plus side, the Washington Football Team (or as I call them, the Artists Formerly Known as the Washington Redskins) aren’t using it for much right now, so I’m sure sharing won’t be an issue.
The bigger issue, however, is it creates a situation where the legal system gets bogged down to the point of working even more slowly than it does now. The more Justices you add, the more people have to touch the case and the slower the resolution will be, unless the Supreme Court wants to do a superficial job which increases the chance of poor rulings from the bench. I’m talking Plessy v. Ferguson level bad here. Plus, with civil and human rights cases, a speedy and fair resolution are essential because of the impact such cases have on society and the legal system immediately and years down the road. The Left likes to say “Justice delayed is justice denied.” And now they want to make justice even slower because of a President they didn’t think could win and a Senate they thought they couldn’t lose. What happens when the wheels of justice don’t move?
That silence you hear is the Left not being able to come up with an answer consistent with their idea to pack the court.
Regardless, packing the court is going to be more of a problem than it’s worth (which is zilch). The fact it hasn’t been thought out enough yet to be persuasive to anyone outside of the Leftist hivemind should be enough of a red flag to keep yourselves far away from adopting the idea. But if not, think about the lines at your local government institution, whether it be the post office, the DMV, or a county-level office. In some cases, things run smoothly, while in others, they run at the speed of inert.
Guess which option packing the court will achieve.