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Sunday, July 15, 2018

THE SUPREME COURT AND ELECTIONS

If you don’t live on the East or West coasts you probably haven’t felt the earth shaking as the tectonic plates of liberal hysteria break apart.  The voices of panic from the Left would have us preparing for the “end of days”.  The imminent catastrophe ?   The impending seating of fifty-three year old Washington D.C. Circuit Ct. Judge Brett Kavanaugh to the U.S. Supreme Ct.

That’s it.  But Kavanaugh isn’t some radical outlier; he’s the very prototype of the elite legal establishment; a graduate of Yale College and Yale Law School, a legal functionary in the George W. Bush administration and a long term veteran of the D.C, Circuit Ct., perhaps the most consequential Circuit Ct. in the nation.  Those who know him personally sing his praises as a legal scholar, dedicated family man, educator, and volunteer in his community.  

Still, what can only be described as unhinged behavior by the far Left fills the media and internet.  An open letter by “students, educators and graduates” of Kavanaugh’s own Yale Law School predicts  Armageddon.  Ignoring the fact that as Dean of Harvard Law School, currently  sitting, liberal Supreme Ct. Justice Elena Kagan hired Judge Kavanaugh to teach at Harvard Law, apparently without fear of the end of everything Americans and Harvard Law students hold dear. The Yale group of hand wringers proclaim; “Judge Kavanaugh’s nomination presents an emergency for democratic life, for our safety and freedom, for the future of our country.” Yes, an “emergency.” It even declares that “people will die if he is confirmed.” 

The end of democracy? Death by confirmation?  They apparently felt no need to describe why these catastrophes will take place or how one Justice, or even a quasi bloc of five could bring them about.   But of course the Yale students are not alone in their condition of brain dissolving ideological hatred and panic.

Here is former governor of Virginia and potential 2020 Democratic candidate for President Terry McAuliffe:
“The nomination of Judge Brett Kavanaugh will threaten the lives of millions of Americans for decades to come and will morph our Supreme Court into a political arm of the right-wing Republican Party." 

Democratic presidential hopeful Senator Kamala Harris (D-CA) didn’t bother waiting for the Kavanuagh nomination before reacting to “any” Trump nomination for the Supreme Ct.
In June shortly after Justice Kennedy announced his impending retirement, Harris dusted off her crystal ball, gazed through the Left hemisphere and predicted “. . . the destruction of the  constitution”.

Left wing political commentator Paul Waldman:

“Overturning Roe v. Wade will be just the beginning. They're likely to outlaw affirmative action, validate every means of suppressing votes and rigging the electoral system Republicans can devise, and perhaps return us to the days when having a pre-existing condition meant you couldn't get health insurance. More than that, they may well launch an attack on the entire structure of government regulation. Environmental laws, labor laws, civil rights laws—any and all could be the target of sweeping court decisions restricting the ability of the government to do anything to stop the powerful from preying on the rest of us.”

And so it goes; from the pages of the so called “mainstream press” aka the Washington Post and the New York Times, to the far Left journals, (The Guardian, The Atlantic, The Nation) to the equally radical internet sites (Huffington Post, Salon, Slate, Vox) who share each other’s simple minded disaster scenarios which require one to believe that by creating an informal bloc of five jurists who share a judicial philosophy that emphasizes legal interpretation vs. judicial legislation based on the constitutional framework of separation of powers, will bring down the 229 year old American success story.

No doubt there are many on the Left who are energized by their role playing as social justice warriors and pseudo revolutionaries, that have repeated these radical fantasies so often in other contexts that they have come to believe them.  But at the risk of being too kind to the Democratic political leadership, it is all but certain that they are fully aware of the absurdity of their claims.

Supreme Court justices may have conservative or liberal philosophies but these orientations are more part of a spectrum of general beliefs rather than a set of specific instructions that one must follow.  The Court doesn’t rule on political or social philosophies; it rules on specific cases whose individual legal complexities vary and which can produce inconsistent results if viewed from a political philosophy point of view.  Chief Justice John Roberts is well known for being part of the “conservative bloc” despite his deciding vote upholding the penalty for not securing health insurance which was critical to making ObamaCare workable. Thus the personal demonization of Judge Kavanaugh portrays an astounding level of ‘anything goes” political dishonesty and demagoguery. 

In short, with little hope of denying Judge Kavanaugh’s confirmation, their tactic is to throw red meat to their radical base and foment hysteria among the less informed, Left leaning moderates and Independents in the hope of bringing about 2018 election victories. The ultimate goal of course is to take control of one or both of the houses of Congress. The defamation of Judge Kavanugh’s character, intellect and legal expertise is then simply collateral damage in the fight for political power.

The question then is “Will it work?”  Odds makers would probably say no.  How many false disaster scenarios can one party shout before credibility becomes comedy.  Two years into Trump’s administration the Left’s predicted “authoritarian state” and “destruction of the Constitution” hasn’t happened.  Trump’s “irrational finger on the nuclear button” hasn’t started a nuclear war with “North Korea”. . “China” . . .“Russia”, as predicted.   The Supreme Court drama has already had one screening with the seating of Justice Neal Gorsuch in the “conservative bloc”.  In a recent series of 5-4 decisions the “moderate, centrist” Justice Anthony Kennedy who Judge Kavanaugh will replace, sided with the conservatives and the Constitution still stands, the press is still “free” and no one has died.

The verbal violence of the Left has been characterized by some pundits and Democrats as a newly energized Progressive movement.  The upset winner of the Democratic primary for New York’s 14th Congressional district by political newcomer Alexandria Ocasio-Cortez who defeated ten term House Democratic Caucus Chairman Joe Crowley, has been described by Democratic National Committee Chairman Tom Perez as “the future of our party”. Republicans can’t wait, and should use her as the ‘current’ face of the Democratic Party in the 2018 campaign.  Here’s why.

While Ocasio-Cortez is young, (28) attractive, intelligent and energetic, she ran as the daughter of Puerto Rican immigrants in the heavily minority and poor NY 14th district as a member of the Democratic Socialists of America. The DSA is not a political party; it is a self described “movement”.
Obviously her appeal in a district which is 50% Hispanic; 14% black and only 32% white and 16% of the population make less than $50,000 dollars a year in high tax, high cost New York City, will not be matched across the nation.  That appeal includes the socialist program of the DSA whose goals can be found on their web site.
1. “Undermine the power of the capitalist sector” through nationalization of major industries and use      of “democratic management all businesses by workers and members of the communities where the are located.
2.  “dismantle the “privilege” of “whiteness”,       “males”, and heterosexuality.
3.  oppose “free trade agreements”
4.  “abolish the U.S. Senate” and install “direct democracy” through referenda and the use of proportional representation in the House of Representatives
5.  "free"  health care, day care, education K through college, “shelter”, “transportation”, and a “universal basic income”.
6.  “create a reduced work week and expand vacation time.”

The practical absurdity of the economic, social, and political, structural destruction proposed, combined with the rest of the “rainbows and unicorns” socialist babble of the DSA manifesto, is good for a laugh, but at a minimum, Republican candidates for the U.S. Senate should ask their Democratic opponents how they feel about  Chairman Perez’s plan for the “future” of their party which calls for the abolition  of the office for which they are campaigning.

Meanwhile, Brett Kavanaugh will take his seat on the Supreme Court, the sun will still rise in the East each morning and the Democrats will have to pass legislation in the Congress instead of relying on the Supreme Court to do it for them.

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