Tag Archives: SCOTUS

Liberty and the RKBA

Five Reasons Republicans should fill that seat

In an election year that is shaping up to be the most pivotal, consequential and contentious in modern history, the passing of Ruth Bader Ginsburg has raised the stakes exponentially. Democrats, of course, are demanding that the president and/or Republicans refrain from attempting to fill the empty seat on the Supreme Court, while Donald Trump has promised to announce a nomination within the next few days. While it is true that the Republican-held senate did refuse to vote on election-year Obama-appointee Merrick Garland, there are some important differences in the situation and Senate Majority Leader Mitch McConnell has stated that Mr. Trump’s nominee will get a vote this year. I can certainly see why the Democrats don’t want the seat filled now, when there is a chance that Joe Biden (or whoever is controlling him) could fill the seat in a few months, and I’ll admit that in their shoes I’d feel the same way, but there are some very good reasons that Republicans should go ahead, hold hearings and confirm Donald Trump’s next nominee to the Supreme Court as soon as possible:

  • As Mitch McConnell has explained, in cases where both branches of government were held by the same party, historically, the nomination has been considered and voted upon.
  • Even more compelling is this: if the shoe were on the other foot and the situation were reversed, is there anyone anywhere in America who would care to assert that the Democrats would not push their nomination through? I didn’t think so. “Do unto others as you would have them do unto you” should not be applied in a political situation where the “others” are determined to seize power at any cost and have already clearly indicated what they intend to “do unto you.” (See next point.)
  • The Democrats have already promised that if they gain control of the White House and the Senate they intend to (among other things) “pack the court” by nominating and confirming a few more Supreme Court justices to ensure a more or less permanent liberal majority. If they’re going to “pack to court” why are they worried about one more Trump appointee? Just throw in a few more activist judges when you start packing!
  • “Over our dead bodies. Literally.” (That is a quote.) Quite a few Democrat activists are warning that if Trump and the Republicans “even TRY” to fill the seat before the election that they “will burn the entire f—ing thing down.” Another tweeted: “We’re shutting this country down if Trump and McConnell try to ram through an appointment before the election.” The Democrats are threatening violence in the streets if the president and Senate dare to fulfill their constitutional responsibilities. Threats of violence to force a political outcome is nothing less than terrorism and we must not acquiesce to it. Of course, this is a familiar tactic in the Democratic playbook. They are already threatening to “burn the entire f—ing thing down” if Joe Biden is not elected.
  • But most important of all, the Democrats have clearly warned that their plan for victory in this election relies heavily on a mountain of mail-in ballots (only God will know how many will be fraudulent) and a tsunami of lawsuits. More than 600 Democratic lawyers are waiting in the wings to attempt to litigate Joe Biden to victory. Many, if not all of those lawsuits will end up at the Supreme Court. We are close enough to a civil war now; having a 4-to-4 split on the highest court in the land as it tries to settle this contentious election is simply begging for bloodshed.

Justice Ginsburg reportedly told her granddaughter that her “most fervent wish” is that she would not be replaced until “a new president is installed.”* With all due respect, it isn’t the late Justice Ginsburg’s seat to bequeath, nor is the decision up to Nancy Pelosi or Chuck Schumer. The Constitution lays that responsibility upon the President of the United States with the advice and consent of the Senate. Donald Trump is still the president and he will be, God willing, until January 20, 2021.

And if God is merciful to us, Donald Trump will still be president on the 21st.

It has been very encouraging that many Republicans finally seem to be waking up to the situation. The Democrats are playing to win–at any cost–and if they win the consequences for this nation will be grave. They have been playing hardball for decades. It’s long past time that Republicans woke up and got in the game.

*Note: she was not hoping that it would happen after the election is over, but only after Donald Trump is out of the White House.. I suppose if he should be reelected, she hoped that SCOTUS would operate for four more years with only eight justices.

Commentary

I Am Calling for Impeachment

In a 5 to 4 ruling, the United States Supreme Court rejected a Nevada church’s request to strike down a state restriction limiting attendance at religious services to 50 people, while allowing essentially unrestricted admittance to casinos. Chief Justice John Roberts opined that Nevada’s restrictions on places of worship “appear to be consistent with the First Amendment’s free exercise clause.” In case you have forgotten (as Chief Justice John Roberts apparently has) the First Amendment states (in part):

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

U. S. Bill of Rights, First Amendment, First Clause

Seriously. This should worry you. If Chief Justice John Roberts and the other four liberal, activist justices can rule that limiting attendance at church is “consistent” with “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” then they are perfectly capable of ruling absolutely anything. Absolutely anything.

A justice who can make that leap could also rule that forcing the Fox News Network off cable or banning Rush Limbaugh from the radio is “consistent” with the “abridging the freedom of speech, or of the press” clause; or that banning all political protests (except Black Lives Matter) was “consistent” with the “right of the people to peacefully assemble” clause of the First Amendment.

A justice who can rule that way could also rule that banning possession of firearms by American citizens was “consistent” with the “shall not be infringed” clause of the Second Amendment.

Such a justice could also rule that a law allowing police to break into your house without a warrant and search for anything that they can use to prosecute you is “consistent” with the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” clause of the Fourth Amendment.

A justice who can rule as these five lawless judges did in this case is capable of ruling that allowing you to be tried for a criminal offense again and again until the jury finally finds you guilty is “consistent” with the “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb” clause; or that torturing you until you confess is “consistent” with the “nor shall be compelled in any criminal case to be a witness against himself” clause; or that a law allowing the government to seize your belongings and hold them until you prove yourself innocent of some charge* is “consistent” with the “nor be deprived of life, liberty, or property, without due process of law” clause of the Fifth Amendment.

For too long American have accepted that the Constitution says what the Supreme Court says it says, but this disastrous error has allowed activist judges and justices to do virtually anything they like and call it law. The Constitution says what it says, and there is no one reading this post who cannot judge what “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” means.

Supreme Court justices who can rule that limiting attendance at church while encouraging attendance at a casino is constitutional should be impeached. Their arrogant disregard for the clear text of the First Amendment and the Constitution is the very essence of “bad behavior.”

*We’ve already got this: see “Civil Asset Forfeiture”
https://fee.org/articles/the-governments-war-on-property/