2020 has been a year like none that has been experienced in many decades for many reasons, not least of which is the unhinged lunacy of leftists in the United States. In reality, we’ve seen many foretastes of the violence and mayhem of this year. The global terrorist organisation ‘Antifa’ has been observable for many years, as has the racist hatred of the ‘Black Lives Matter’ organisation (BLM).
Under Obama in 2014, BLM blossomed into toxic life when Michael Brown, an 18 year old black man in Ferguson, Missouri, was killed while attacking a police officer in his car and trying to take his weapon from him. Scenes of violent riots across the city, the fruit of the BLM tree, filled news around the world. Looting and arson, crimes against totally innocent citizens marked the angry protests for a week.
And then, late in May this year, a man who had held a gun to a pregnant woman’s abdomen while robbing her home, been arrested nine times for armed robbery and sent to prison six times was arrested and died in custody. Video showing one officer kneeling on his neck while three others watched on went viral.
In due course Officer Derek Chauvin would be charged with second-degree unintentional murder and face trial for his behaviour along with his fellow officers as the evidence supported. But rather than waiting for the ‘order’ part of law and order, leftists once again decided they were anointed as judge, jury and executioner for not only the four accused police officers, but all of law enforcement across the nation, and all of the nation as well.
Leftists believe the rule of law is inadequate, if not oppressive. They feel so morally superior to everyone who disagrees with them they also feel justified to riot, assault, murder, loot and burn anything and anyone unfortunate enough to be near them as they tantrum like emotionally incontinent criminals. That isn’t hyperbole, that’s how BLM anarchists and Antifa terrorists have been behaving every day since George Floyd’s death.
The days of leftists combining the words ‘peaceful’ and ‘protest’ ended with Rev Dr Martin Luther King Jr’s life. The actually peaceful activist who only ever advocated non-violent protest & civil disobedience became a shameless excuse for riots which killed more than 50 people in 1968, a decade which saw the ascendancy of modern leftism & the Marxist war on everything.
Indiscriminate violence & lawlessness in the name of justice, bitter racial hatred & divisiveness in the name of reconciliation, oppressive authoritarianism in the name of equality, proud sexual promiscuity & industrialised child sacrifice in the name of liberty: these are the strategies of anti-Christian, anti-conservative ‘progressive’ leftists for implementing their vision of society.
The most inconvenient obstacles to the Left’s vision of social revolution are economic liberty, the proven institutions of traditional family, national patriotism and Christianity & objective morality. To the extent that the constitution and justice system which preserves it also preserve objective morality, the Left are pathologically opposed to them as well.
Thus the Supreme Court of the United States (SCOTUS) and its unique authority to bypass democracy presents both a threat and an opportunity for Leftists who believe – not in the supremacy of any court, constitution or God – but their own self-supremacy.
Most Western legal systems have mutated from a philosophy of ‘originalism‘ to a philosophy of ‘pragmatism‘ where judges indulge in decisions which they subjectively feel serve the greater good. It’s a case of preferred political outcomes instead of legally correct decisions. Rather than serving as expositors of the law, Leftists want SCOTUS to be a kind of super legislature. But constitutions aren’t meant to fluidly “change with the times”, and certainly not via judicial activism.
They didn’t need to win the political arguments for abortion-on-demand or the undefinition of marriage; they simply bypassed the republic & democracy with their Supreme Court majority of judicial activists. The Leftist agenda can be served by Supreme Court justices such as Ruth Bader Ginsberg who absurdly imagined the 19th Century writers of the 14th Amendment meant to protect the ‘right’ to homosexual ‘marriage’.
The Left politically weaponised the judiciary, but conservatives merely want it returned to its designed purpose, as a limiter of the federal government and interpreter of the constitution. That’s why it mattered that anyone other than Hillary Clinton made the next SCOTUS appointments. That’s why it now matters that anyone other than Kamala Harris – I mean, Joe Biden – makes the next.
The sacred cow Leftists are most worried about is the precedent in the Roe v Wade case. They radically assert an absolute right for mothers to kill their children at any stage of development in the womb and for any reason as trivial as she doesn’t want to be pregnant. However even the 1973 Supreme Court which made that bad law based on willfully ignorant science disagreed with Roe’s assertion of an absolute right to terminate pregnancy. The Court attempted to balance the state’s interests in the health of pregnant women and in the ‘potential’ life of fetuses (preborn, living humans).
It’s inescapably true that Roe v Wade is bad law, however unlikely it is that it will be explicitly overturned any time soon, even if Trump gets a third SCOTUS justice confirmed. That is small comfort to rabid feminists who hold their asserted right to taxpayer-funded child-sacrifice as a sacred tenet of their pagan religion.
Cast your mind back to the confirmation hearings for Brett Kavanaugh. Shameless character assassination, coincidentally convenient rape accusations and all out violent protests now mark the confirmation hearings of Republican presidents’ nominees. It’s become par for the course.
Now add that to the fact that Trump Derangement Syndrome reached ten on the Richter scale the night Hillary Clinton lost in 2016 leaving them nowhere to go but ballistic ever since then, and the sustained, unhinged insanity of 2020, and no matter who Trump chooses this week, all hell will break loose, again.
A meme was circulated last year and has been revived this week saying, “I was raped by whoever Trump nominates to replace Justice Ginsburg”, mocking the hysterical leftists who will stop at nothing to prevent the nomination of someone who doesn’t serve their preferred political outcomes.
America is at an existential crossroads, again. The safety of the constitution and with it the lives and liberty of, without exaggeration, millions of Americans depends on the strategic composition of the Supreme Court. A Republican administration will generally appoint constitutional originalists or textualists who are principally opposed to judicial activism.
A Democrat administration will invariably throw everything including the kitchen sink into making sure the composition of SCOTUS is heavily tilted in their favour. The 2016 Democrat candidate Hillary Clinton told a Democrat audience she had “a bunch of litmus tests” for nominees, and continued by naming precedents she would want her person to overturn and policies they should protect.
That’s what Democrats expect their guy to do, and that’s why they expect no more integrity from Republican nominees.
Democrat and RINO objections to Trump nominating and the Senate confirming a replacement for the late Ruth Bader Ginsburg before the election are irrelevant and unconstitutional. The Senate has every constitutional right to rush or delay confirmation hearings. Historically, presidents with a friendly senate in election years have gotten cooperation and presidents with an opposed senate have not. Obama’s final nomination was not confirmed because he didn’t enjoy a supportive Senate. There is no double standard, no departure from standard practice, no deviation from constitutional requirements.
The frontrunner currently is Amy Coney Barrett. She’s not even 50 yet, so a lifetime appointment could see her valuable vote preserving justice for at least 30 years. When Trump was considering the replacement for Anthony Kennedy, he allegedly said of Barrett:
“I’m saving her for Ginsburg.”
Given that Catholic Barrett is as staunchly pro-life as feminist Ginsburg was pro-abortion you can guarantee Leftists will stop at nothing to prevent her confirmation. Expect rioting and anarchy everywhere. Conveniently timed rape allegations will be harder to sell, so expect the character assassination to be Christophobic criticism of her faith.
Huffington Post ran a story headlined “Apocalypse Now” with a picture of a coat hanger, which is meant to be a suggestion that without the right to kill their children in clinics they’ll simply DIY. Leftists have already ramped up their rhetoric with calls for “revolution”, “court packing” and to “burn it down”.
Chairman of the Senate Judiciary Committee, Lindsey Graham, said the Republican majority Senate will confirm the President’s nomination before the election, which is their constitutional right.
Democrat demagogue Alexandria Ocasio-Cortez argued on Twitter that Ruth Bader Ginsburg should be granted her dying wish to not be replaced until a new president is installed. 2024 seems like a long time to have a vacant SCOTUS seat, so it’s fortunate that Justices don’t own their seats and can’t bequeath them in their wills or control them beyond the grave. That would be unconstitutional.
It’s the role of the President to nominate and the Senate to confirm or reject.
There have been nine seats on the Supreme Court since the Judiciary Act of 1869. It’s interesting that of the current eight justices:
- Two were appointed by President Trump (Kavanaugh & Gorsuch)
- Two were appointed by President Obama (Kagan & Sotomayor)
- Two were appointed by President G.W. Bush (Roberts & Alito)
- One was appointed by President Clinton (Breyer, as well as RBG, now deceased), and
- One was appointed by President G.H.W. Bush (Thomas).
That’s five Republican appointments with one more likely, and three Democrat appointments. John Roberts is barely right of centre and has drifted slowly to the left in recent decisions, which means conservatives can only really expect four of the current eight to support their preferred outcomes. Trump certainly saved America from a ‘progressive’ SCOTUS, but the important work to secure the constitution for a few more decades is not yet done.
It is imperative President Trump, Republicans and right-thinking voters let nothing stop them from conserving the integrity and independence of the powerful Supreme Court of the United States with an originalist, non-activist justice at every available opportunity.
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Dave Pellowe is a Christian conservative writer & commentator, editor of The Good Sauce, and convener of the annual Church And State Summit. He believes in natural law & freedoms, objective Truth & justice, personal responsibility & voluntary charity, strong nations & families, free markets & small government. His weekly panel show and podcast is live streamed Tuesday nights, and many of his articles are syndicated across Australia and New Zealand. [more]