A number of important cases are on the docket at the Supreme court this fall.
This year the Supreme Court will have the chance to rule on:
- The constitutionality of Louisiana’s Abortion Law mandating an abortionist have admitting privileges at a local hospital.
- Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- Whether the temporary DACA program can be allowed to expire.
- Whether Kansas is allowed to identify illegal aliens by their obvious documentation and act on this.
- Whether homosexuality is a protected class under employment discrimination laws.
- Whether transgender status is a protected class under the employment discrimination laws.
Putting aside for a moment the health status of Ruth Bader Ginsberg, we will have the chance to see whether John Roberts is an honest man or a stooge. Something like the DACA program is a clear-cut case of a temporary law that has expired. To extend it would be an obvious act of judicial trespass onto the prerogatives of the Executive and Legislative branches of government. If Roberts uses his vote to legislate from the bench then we know he is a Deep State creature either voluntarily or due to some kind of blackmail. Likewise, with the NYC gun transport ban this is a clear violation of the Second Amendment and upholding the ban would make Roberts’ status clear.
As for the homosexual and transgender cases, those will be even more transparent markers of where he stands. Supposedly only Justice Kennedy was responsible for the outrage that was the gay marriage decision. If somehow Roberts comes out in favor of either of these protections then it will be obvious that he was a plant all along.
If it turns out that Roberts is indeed a creature of the Left then it becomes even that much more urgent that President Trump appoint one or more conservative justices to the Supreme Court.
So, returning to the question of Ginsberg’s health I stated during her last cancer eruption that I would be shocked if she didn’t retire before April. To be blunt, she is currently experiencing the results of metastatic cancer from one of her previous tumors. Whether the cells are originally pancreas, colon or lung cancer they have obviously migrated out of the original site and are now showing up in new organs. The question of whether these cells have already migrated to the liver is probably what will determine how long she has. And also, to slow down the spread of the metastases, chemotherapy will be needed and this is a woman in her late eighties. How is she supposed to support the side effects that include neurological damage and still sit on the Supreme Court and decide the legal fate of the nation?
Hopefully she will elect to spend her last few months with her loved ones as anyone would in that position. At that point President Trump will appoint a reliable conservative justice and put an end to Roberts’ veto on conservative judicial decisions. But while these are important legal battles, even more urgent is a Supreme Court decision to end all forms of affirmative action, whether sex or race based. The glaring anti-constitutional nature of these programs has been long recognized by the court but has always been spared as being a necessary temporary measure to correct past inequities. Any honest observer would admit that the cure is now worse than the disease and it’s time to save the patient from his treatment. Whether this will come up for review next year or the year after, sooner than later the Supreme court will need to address this most egregious civil rights atrocity.
The subject of this post may seem slight in the scheme of things but in my opinion it gets to the heart of how a Conservative Supreme Court can reverse some of the worst of the damage done by unconstitutional judicial overreach.
The Celebrated Fake Frog That Is Taking Down the Deep State
Karin McQuillan describes how in 1984 the Supreme Court decided that the experts in the federal government could decide on regulations that not even the courts could challenge. This was called the “Chevron deference.” This has allowed EPA scientists to dictate all manner of restrictions on private citizens and businesses for completely fraudulent reasons. Fake frogs and mythical mice have been used to punish land owners and restrict them from using their own land to satisfy the spite of misguided naturalists. Now the new Justices Gorsuch and Kavanaugh have joined with Justice Thomas to take the lead to reverse the use of the Chevron deference and free the American people from their bureaucratic tyrants. It’s only a first step but it sets a precedent that can have bigger consequences. Progress.
News sites on both sides of the political divide had articles today acknowledging that Justice Bader-Ginsberg may not necessarily still be around in five years as she plans. What that tells me is that both sides are preparing their members for the eventuality of another extremely heated, partisan battle over the nominee to replace her on the bench.
When news of her cancer surgery made the news, I stated the opinion that she would not stay on the bench past President Trump’s first term. I guess that I’m not alone in that opinion. One of the articles made a point of the fact that on multiple occasions Justice Bader-Ginsberg stated that she wouldn’t continue serving past the point where she can’t “do the job full steam.” The implication being since right now she is at least partially incapacitated her retirement may be imminent. In my opinion her retirement in the next few weeks is highly unlikely. I’m sure the Justice will hold on as long as she has any hope of recovering from this episode. And I fully expect she will recover from it. She has shown resiliency through her two previous bouts with cancer. But the fact that she will not be receiving chemotherapy makes me think that the metastatic nature of her cancer is assumed and that unfortunately she will soon be diagnosed with at least one other new tumor. If she has a life outside of the Law, I would hope at that point that she would resign to enjoy her remaining time with her loved ones. If she does not then perhaps, she intends to cling to the job to till the bitter end. But honestly, I don’t imagine she will last two years. That is a long time.
If I am correct, then President Trump will be able to appoint at least one more Supreme Court Justice. Even assuming Chief Justice Robert’s lapses into left-leaning decisions it would seem that a solid 6-3 conservative majority will begin to make some significant changes in the way Americans live. Another shot at the LGBTQ penchant for persecuting Christian business people may be the first significant loss for the Social Justice Warriors in their war against normalcy. Another useful front would be slapping down some of the overreach that liberal states have been legislating against gun ownership. One of my friends was complaining how Massachusetts can basically call anything they want an assault rifle and then retroactively make it illegal to own. Another was saying that one state has made liability insurance mandatory for gun owners and the insurance is very expensive. That definitely should be checked for constitutionality.
Both because of the strength of a 6-3 ratio and the emotional response of Justice Bader-Ginsberg’s replacement I assume we can expect that the nomination approval process will be even worse than Kavanaugh’s was. They’ll pull out all the stops and attack with every trick and scream from every media megaphone at their disposal. Good. With the enhanced Senate majority, it should be easier this time to get the approval than it was with Kavanaugh. Well, here we go again.
I wonder if this is what the broken rib incident was really about.
This is significant. At the very least I would assume she will need recovery time and absences to allow for chemotherapy. I could be wrong but I believe that her time on the bench will be less than two years.
The Republicans staggered out of the 2018 Senate Mid-Terms with a final tally of 53 seats to the Democrats 47. They’ve netted two seats but lost Arizona and Nevada through poor decisions and poor messaging. The good news is that 53 seats means Susan Collins and Lisa Murkowski, those two northern RINO dames won’t have a veto over who gets into the Supreme Court and the President’s Cabinet. Hallelujah. The bad news is that 53 is the best they could do in the best Senate election the Republicans are likely to get in a long time.
But I’m a glass half-full kinda guy so let’s call this one a definite win. We can look forward to a potential one or two more Supreme Court appointments and just as importantly, a competent Attorney General and FBI Director. And that’s just in time. With Manafort reneging on his Mueller plea-bargain and details of Manafort’s apparent role in providing the Trump administration intel on Mueller, it looks like that pot is about to boil over. So this Senate gain is important but just one more step in the never-ending war. In the immortal words of Emerson, Lake and Palmer, “Welcome Back, My Friends, to the Show That Never Ends.”
In my first post on this subject I addressed the necessity of protecting traditional Christians from being harassed by the LGBTQ mafia. After taking care of that problem, the next freedom of speech issue that needs to be handled is the gatekeeping that the social media companies have been doing that denies access to people of whose politics the gatekeepers do not approve. Either single-handedly or by forming a cartel, companies such as Youtube, Twitter and Facebook have the ability to effectively shut out of the electronic town square anyone that they disapprove of. In the modern age these social media sites are de facto, the only means of free speech in the digital world. And since they act as essentially monopolies they must be treated as such by the federal government.
Currently, Twitter will allow (exclusively) left leaning users to contact the left-leaning “Trust and Safety” Commissariat, to fink on someone they dislike and this will get the wheels in motion to eliminate this wrong thinker. The process may take one or several steps but the eventual outcome will be the removal of the offender from the Twitterverse. Facebook and Youtube have similar set-ups with equally Orwellian titles that allow the Left to exclude the Right from these social media sites. Since these sites benefit from the virtual monopolies that they have they must be regulated as such by the government to prevent them from discriminating against those they dislike.
On the commerce side there are money transfer services like PayPal and Stripe that also have formed cartel like arrangements that conspire to demonetize anyone whose politics they disapprove of. Added to this are the crowdfunding companies that have recently begun doing the same. And these sites are presently the critical locations for doing business on the web. Without them companies and individuals are shut out of e-commerce almost completely. The Left knows this and is using it as a bludgeon to force conformity by anyone who wants to do business on-line.
The good news is that laws already exist to combat this kind of market place manipulation. The Federal Trade Commission and the Justice Department are specifically empowered to monitor and enforce anti-trust and unfair trade practices laws. Currently the Justice Department is in the hands of the enemy and is probably incapable of performing its duty with respect to protecting the rights of non-leftist citizens. However, after the mid-terms it may well be that President Trump will be firing the Attorney General, his Deputy and every other swamp creature currently inhabiting it. If that does occur I hope one of the earlier actions of this cleansed department is investigating and punishing these various on-line perpetrators of malfeasance and leveling the playing field in the on-line environment.
It’s entirely possible that none of these issues would rise to the level of a Supreme Court case. But if it does we have the correct court to enforce these cases. With these cases covered I believe we will have provided the people on the right with the on-line environment they need to thrive. Otherwise these strong-arm tactics by the left will increasingly hamper and weaken us.
So many aspects of life under the leftist regime are unpleasant that sometimes it’s difficult to decide what should be fixed first. I think this is part of what leads to the apocalyptic mindset when the Right thinks of how all this will have to be resolved. Back in September the ZMan had a podcast that looked at the current state of the Bill of Rights in America. http://thezman.com/wordpress/?p=14969
He makes a pretty compelling case that even though theoretically we still have freedoms of speech and religion and the right to bear arms all of these have been hamstrung through the efforts of courts, state governments, bureaucrats and even corporations that want to tell you how to live.
And that has been in the back of my mind ever since. And now that Brett Kavanaugh has been added to the Supreme Court I think it’s clear what the first priority should be. It’s time to restore the Bill of Rights. It’s time to take a stand against the Courts and States that have criminalized traditional beliefs and practices. And the most egregious example is the gay marriage bamboozle. It’s time for the Supreme Court to tell the Blue States that normal people don’t have to pretend that gay marriage is something they need to celebrate. We can leave the question of the constitutionality of protecting the right to gay marriage for another day but it’s obvious to any reasonable man that eschewing any involvement with it is squarely under the jurisdiction of the Freedom of Religion aspect of the First Amendment. Not being a lawyer, I’m not exactly sure what the best way to provide blanket protection for this. I would guess that a decision from the Supreme Court recognizing the tenets of traditional marriage as protected under the First Amendment should do it. Then if any of the states disobey the ruling the President can send the National Guard in and follow up with some kind of federal oversight to ensure that it sticks.
In addition to the cake bakers and photographers this will also aid the religious organizations, schools and social agencies. For instance, Catholic Adoption agencies have been put out of business because states like Massachusetts prosecuted them for refusing adoption to homosexuals. Now, it may already be too late for some organizations like the Boy Scouts. They seem to have folded. But new organizations can step forward to fill the gap. So, these protections will benefit many parts of traditional life. And in the aggregate, they will make life more tolerable for traditional individuals in America. In fact, what they will allow is the ability for normal people to separate from the progressives in the aspects of life that are most important to people, namely their most strongly held beliefs.
So, this is the first and most critically needed change that the Right needs enacted. There are plenty of other areas where push back against the progressives is needed and I will address these subsequently but without a doubt, this one is first.
So what good is a conservative Supreme Court majority if not to eliminate some unconstitutional rulings. What do you think will be first?
Is John McCain alive or dead? If alive, can he vote? Which way would he vote? After all he does love to spoil things. Assuming he will not be a factor, is Susan Collins the weak link? If she is, can she be persuaded? Is she up for re-election? What other republican votes are question marks? Could Manchin from West Virginia be convinced to vote against his party? If we don’t have the votes how likely is it that the mid-terms will increase the Republican Senate Majority? Should we try now and then after the mid-terms?
These are a few of the question that would need to be answered before trying to figure out if and/or when a conservative justice could get through the Senate.
And the other big question is whether Roberts is a ringer. Does he need to be outvoted too? If that’s the case we’ll need Ginsberg to go too.
So, as with all things Washingtonian, there are wheels within wheels and waiting is an integral part of the game. But so far Trump has a pretty good track record of getting the luck. If he gets a good man in then we can hope to know the answer to some of the Roberts questions pretty quickly. And if Roberts does turn out to be a ringer that’ll be just one more reason to distrust all things Bush and celebrate dodging the JEB! bullet almost as much as the Hillary one.
So, my guess, McConnell will spend a little time doing his math and making sure he completely understands the dynamic. Now that he and President Trump have normalized their relationship I expect they’ll coordinate carefully on the when and the how. They may spring it pretty quickly when it’s time and not give the Media or the Dems a lot of time to screech. McConnell indicated the vote would be in the fall. Maybe that’s a ruse. Maybe they’ll surprise everyone and do it before Labor Day. I’m not an expert on the machinery of the Senate so I don’t know how likely that is. My guess is McCain may be an important piece of the puzzle. His wife is touted to be in line for the job when he dies. How this affects the vote is anybody’s guess but my bet is that she’s a lib. For that reason, they may not wait for her to be seated.
Okay, so that’s the horse race. Now, why is this so damn important? Well, because if Roberts isn’t a ringer and we get another Gorsuch or Alito then we will have the first conservative Supreme Court since before I was born. In fact, we haven’t had a truly conservative Supreme Court in over a hundred years. Can you imagine if SCOTUS decides that all the Constitutional mandates that the activists judges have discovered over the last fifty years (abortion, gay rights, gay marriage, affirmative action, federal encroachment on States’ Rights, assaults on the First and Second Amendments) are not? And instead throws these decisions back to the states to decide? That would be a revolution. It would mean that instead of one homogeneous culture there would be several. And that might be the beginning of a great unraveling. Or it might be the occasion for a rethinking of many policies that were thrust onto the people from above by an elite that thought it was the best and the brightest and therefore ought to prevail against the will of the people. In places like Texas, Utah and the Old South more conservative populations would be allowed to live the way they wanted without the federal government harassing and scolding them for their values. To my mind that would come very close to restoring America to its essential virtue, a place where you are free to live the way you want without the government constantly interfering. And that sounds more or less like heaven to me. So, here’s hoping the math works out. Let’s hope the final sum is a positive. I’m tired of negative.