The Rule of Law(less)

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.

Author: Thomas

I'm a writer and a ranger and a young boy bearing arms. And two out of the three don't count.

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