So what good is a conservative Supreme Court majority if not to eliminate some unconstitutional rulings. What do you think will be first?
Dramatis Personae: Chuck Schumer (CS); Kamala Harris (KM); Richard Blumenthal (RB); Brett Kavanaugh (BK); Mitch McConnell (MM);
Scene 1: Capital Building, Senate Floor, Senate Confirmation Hearing for Supreme Court Nominee Brett Kavanaugh
MM – I’m going to open up questions to Justice Kavanaugh from the Minority Party now. The approved agenda lists Senator Kamala Harris as the first senator. Please proceed Senator Harris.
KM – Good morning Justice Kavanaugh.
BK – Good morning Senator Harris.
KM – Justice Kavanaugh, I’m going to be blunt and to the point. I think your originalist pose concerning the Constitution is a sham. I accuse you of lying to this body and harboring feelings of racial hatred, misogyny and homophobia. I believe you are in league with this illegitimate President and your nomination is an act of treason that should be punishable by death. Well what do you have to say to that?
BK – Oh, did you say something? I’m sorry I was checking the box scores from the baseball games yesterday on my phone.
KM – How dare you disregard the questions of this august body.
BK – You mean there was a question in there? I thought you were just letting off steam. Look, I know you’re not very bright. I figured if I just let you blather on for a while you’d eventually wander off and have sex with some power broker or other in the area. Is Willy Brown still alive? Have you moved on to the other Willy yet?
KM – That’s assault, that’s assault. Someone, arrest him.
BK – No, it’s not assault. Trust me I’ve written the book on it.
(Kamala Harris flees the room screeching and waving her arms over her head.)
BK – Bye Kam. Next!
MM – Justice Kavanaugh, this is highly unorthodox!
BK – Sorry Senator, I lost ten bucks on one of those ballgames and it really rankled. I’ll try to be nicer for the next chump, I mean Senator.
MM – Senator Blumenthal has the floor.
RB – How dare you Kavanaugh! How dare you! Senator Harris is a rising star of the Senate and the voice of a new generation in America. I feel like coming over there and striking you across the face.
BK – Now hold on, Blumenthal, as is my right as an American I do adhere to the second amendment and practice concealed carry and now that you’ve threatened me, if you take one step toward me I’ll be forced to put two rounds through your center of mass. And it is a .45, so think for a second. I mean I’d hate to do it. You already look dead so it would sort of be like shooting a stuffed animal. I mean, sure it’s good target practice but kind of unfair. And for the record are you one of the undead or some kind of animatronic manikin? You look awful. Why don’t you follow Kamala outside I hear you’ve got cash.
(Senator Blumenthal dodders out of the chamber and collapses at the chamber doors. An EMT team trundles him out on a gurney.)
MM – Please Justice Kavanaugh, I’ve got to work with these people!
BK – Sucks being you. But, hey I’ll be nice if they will. Scout’s honor.
MM – Alright Senator Schumer you’re next on the list.
CS – Ahhh, well ahhh.
BK – Hi Chuck.
CS – No further questions. I move we take it to a vote.
MM – Sold. Alright Justice Kavanaugh, you are excused now. And please, could you skip the State of the Union addresses for the next couple of years? Some of us old folks have weak hearts.
BK – Believe me Mitch. I could use the distance too. You really should have this place steam cleaned or something. It’s like a biohazard around here. Well, bye!
Dramatis Personae: President Trump (PT); Vice President Pence (VPP); Brett Kavanaugh (BK);
Scene 1 – White House West Wing; 5pm Monday; Oval Office
(President Trump seated behind his desk and Vice President Pence standing nervously in front of him)
PT – I tell you Mike, this Kavanaugh guy is a stiff. Those democrat hyenas are howling around him just waiting for the kill. He just sits there writing down all the gibberish they spout. I’ve got to do something.
VPP – Mr. President, what can you possibly do? I mean other than give him advice. It’s not like you can go out there for him.
PT – Mike, that’s genius. Get me the advanced weapons lab at MIT on the phone and tell that sad sack Kavanaugh to meet me in the White House basement tonight at 11 pm. This is gonna be great.
VPP – I need a new job.
Scene 2 – White House Nuclear Survival Bunker, 11 pm that night.
(Judge Kavanaugh entering through blast door sees President Trump sitting in a chair with electrodes attached to his temples and wrists. An empty chair is to his right and a technician is checking on the wires and reading an instrument panel.)
BK – Mr. President, you asked me to come. But I’ve goyour blood pressure by t a very long week coming up. Can this wait?
PT – Judge Kavanaugh, this can’t wait. I’ve called you here to help you get through these hearings. Brett, how would you say the hearings are going?
BK – Honestly, Mr. President, I’m extremely upset. The senators are acting extremely unprofessionally and I might add unfairly. I came very close today to gasping when Senator Blumenthal said you nominated me to help protect you from prosecution.
PT – Gasp? Why didn’t you laugh in his face?
BK – That would be unseemly. It would give them the moral high ground.
PT – Brett, look, you’re blowing it. The sharks are circling. They smell blood. If you want to keep from being borked something has to be done and right away.
BK – But what?
PT – Fortunately science has found a way. Do you remember those experiments they used to do where you could affect your blood pressure by watching a chart of it and trying to change it? Biofeedback they called it.
BK – Sort of. Why?
PT – Well these poindexters around us have a similar system where you can see the charts of your emotional output and mine superimposed and by watching it you can learn to copy my techniques. By doing this you’ll master my art of zapping weasels. It’s just that easy.
BK – It sounds insane!
PT – Please Brett, trust me. It won’t take long and before you know it you’ll be so confident that you can even sleep late tomorrow and have these coyotes cowed by lunchtime. You’ll probably be approved by Thursday.
BK – Well it would be a great relief to stop them from yelling at me so much. What do I have to do?
PT – Just sit down in the other chair and let them attach the electrodes and restraints.
BK – Restraints? Why restraints?
PT – That’s so you don’t move during the procedure. It throws off the calibration.
BK – But why aren’t you restrained?
PT – Oh, I’ve done this so many times before I’m immune.
BK – Oh. Okay.
(technicians apply the electrodes to Kavanaugh’s head and arms and then strap him tightly around the chest, arms and legs.)
PT – Okay, any last words?
BK – Whaaat?
PT – Just kidding. Hit the switch!
( On the signal, sparks shoot from the electrodes and arc across the faces of the President and Judge. Both are locked in grimaces from the current. Several seconds later the current cuts off and the two men slump in their chairs)
To Be Continued.
Jesse Merriam (link below) says Kavanaugh is the best pick for the Right because he thinks in terms of effects on regulal Americans. Merriam says:
“As I wrote for Real Clear Politics last week, Kavanaugh was the right pick, because the other candidates, though strong conservatives, “have thin or questionable records on the defining issue of the 2016 election—whether American sovereignty, and the forgotten American worker, will once again play a critical role in our polity.”
Brett Kavanaugh was the only one of Trump’s candidates who has repeatedly interpreted American statutory and constitutional law against the background of our national sovereignty. In case after case, Judge Kavanaugh has sought to understand our immigration law, trade regulations, and constitutional guarantees in light of how they affect average Americans.”
I don’t know much about the surety of judicial rating systems so I hope he’s right. We have been disappointed before. But I’ll say for now I think we’ve gotten an upgrade from Kennedy.
What a guilty pleasure! Here’s an analysis of why the Blue Wave has turned to Red and synergy between the SCOTUS hearings and the Red State Dem Senators up for re-election in the upcoming mid-terms could turn into a real boon for the Republicans. Enjoy.
An enormous amount of digital ink has been spilled in the last week or so about the coming Supreme Court vacancy and who might fill it and how that will play out. And these are truly momentous questions involving nuances of political strategy that could change the balance of the Senate political make-up. In other words, really hot stuff and absolutely chock full of fat-soluble vitamins.
But let’s jump the gun and talk about some really exciting things. Let’s assume for the sake of argument that the Senate manages to keep their act together and approve an actual conservative replacement for Anthony Kennedy. And let’s further assume for the sake of argument that John Roberts isn’t the Manchurian Justice that he seemed to be during the Obamacare deliberation. Then, what are the possible constitutional questions that could allow the new conservative majority to show its quality? Let’s make a list.
- I think the least likely early result of the new majority would be a test of Roe v. Wade. This is the thermonuclear case and I believe it will be a while before SCOTUS tackles something so controversial. After all, energizing the female vote against Republicans during the beginning of a conservative court majority would threaten the ability of a very narrow Senate majority right before the mid-terms. So I think this will wait at least a year or more.
- I think the most likely early test of this new majority will be a revisiting of the gay marriage vs. religious freedom question. And here is where I think that the Court will score an easy victory. I would be shocked if the Court does not hand a complete victory to religious tradespeople who object to being forced to participate in homosexual weddings. In my estimation this will be a great morale booster for conservatives and a well-deserved rebuke for the brown shirts in the LGBTQ
- Removing the Constitutional mandate for gay marriage would be a very bold move. Seeing that this would directly attack the precedent set by Anthony Kennedy just a few years ago it would represent a refutation of the narrative that has been developing in the Courts for the last twenty five years. But I think it would be the smart thing to do. Unlike Roe v. Wade, the shortness of time that has passed since the precedent was set limits the disruption caused by allowing the individual states to pass their own laws on either side of this issue. The Federal government could even restore the Defense of Marriage Act if it was politically expedient. And there is a real grass roots appeal to allow states that don’t favor the homosexual life style to have their say.
- Questions about the Constitutionality of Affirmative Action should be front and center in this Court. Even past verdicts by the Supreme Court when more liberal justices were represented recognized the contradictory nature of a clearly discriminatory practice sanctioned by the United States Government. It is long past the point where reverse discrimination makes even bad sense. And the way the Left has used it to weaponize identity politics against the white population needs to be shut down before it does anymore harm to the unity of the country.
- The constitutionality of the Patriot Act and other post 9-11 security over-reaches need to be reconsidered. The recent actions by the FBI and the other intelligence gathering agencies highlights the runaway nature of these intrusions on privacy and an originalist interpretation will go a long way toward re-evaluating the current imbalance favoring law enforcement over due process.
- And a final major item that could be adjudicated is the Constitutional protection for homosexuality. That was another constitutional protection discovered by Justice Kennedy. Here is another social question that used to be a state matter until the Supreme Court overstepped.
So, this merely my speculation. What do you think? What’s your logic? Leave a vote.
Julie Kelly has a nice article (NeverTrump is Now NeverSCOTUS) that reviews how the remaining NeverTrumpers have gone so far off the rails that they not only still deny Donald Trump’s achievement in saving the Supreme Court but even claim that throwing the next Court pick to the Democrats is the right thing to do. Guys like Bill Kristol want the Dems to take over the House and Senate just to destroy President’ Trump’s term in office. It’s hard to believe that they were ever actually on our side. In fact I don’t.
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.
Well we’ll know soon enough. Today’s the last day of the session. Not sure I’m convinced.
Well, Well. He was right! Let the games begin!!!!!
“Individuals who have been wronged by unlawful racial discrimination should be made whole; but under our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution’s focus upon the individual. …To pursue the concept of racial entitlement – even for the most admirable and benign of purposes – is to reinforce and preserve for future mischief the way of thinking that produced race slavery, race privilege and race hatred. In the eyes of government, we are just one race here. It is American.”
We’re gonna miss Scalia. He was solid.