The judge’s lie 9

The liar was not just a judge, but the Chief Justice of the United States.

The lie was not just a lie, but a bad, bald, whopper of a lie.

Kurt Schlichter, the witty and passionately conservative columnist, writes about it at Townhall:

Call it an “aspirational lie”, the kind of lie that an establishment-type tells you that is manifestly, obviously, what-the-hell-are-you-kidding-me false, but he/she/xe tells it to you anyway because he/she/xe really really really wants it to be true and because he/she/xe does not want to admit that his/her/xir institution is broken.

Take Justice John Roberts’s astonishingly untrue statement from last week:

We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.

Every word of this is blatantly false …

The worst part is how transparently false it is, how indisputably and insultingly incorrect it is, how in-your-face-daring-you-to-not-burst-into-laughter wrong it is. Didn’t we just have a national mudwrestling match over a justice Donald Trump appointed? Was it because everyone was really concerned about [Brett] Kavanaugh’s high school antics, or was it the fact that he would be a Trump judge? Are liberal weirdos offering Ruth Bader Ginsberg their ribs for transplantation because there is no such thing as a Clinton judge?

Everyone knows the truth. What’s the first thing every single client ever asks me when we get a new federal case in?

Who appointed the judge?

Duh. Because it does matter, more than anything else, and everyone knows it matters more than anything else. Wishing doesn’t make it not so. The judge’s political origin is the threshold factor in knowing how the case will likely go – not law, not evidence, but the preexisting political preferences of the guy in the robe. In every political case, you can know the result with about 90% certainty based on the judge. …

This is why the Founders, in their amazing wisdom, created a system where the people indirectly appoint the judiciary via their elected executive and representatives. Judges are still supposed to strive toward neutrality and adherence to the law, but human nature is what it is. At least when the judges represent the views of the people who appointed them, they indirectly reflect our views. That can be a feature, not a bug – but only when it does not extend to utterly ignoring the law, which it does today.

So, it’s just not true that judges are fungible. Who appointed them matters, period. But John Roberts and his establishment ilk want it to be true, so darn it, they’re going to keep saying it in the hope that someday it becomes true through sheer force of repetition. …

Roberts utters this utter nonsense because he places the stability and prestige of the institution he has been charged with managing above all else, which is exactly wrong and will have exactly the opposite effect that he intends in the long run.

The geeks giddy at Justice Roberts’ ill-advised finger-wagging thought this would put Trump in his place. But Trump’s place is at the vanguard of the backlash against the baloney the elite keeps feeding us about its own alleged disinterested, competent stewardship of our institutions.

Everyone sees that these Obama and Clinton judges are creating a special kind of law, Trump Law, where different standards apply because he is not one of the in-crowd, and because he represents the interests of the Normals, not the elite. Every other president has broad powers over immigration, but not the one we just elected. Why? Because the judges who so rule don’t like the way he is exercising his power.

That’s literally it. You parse away all the fluff and dross, and the rationale behind all these rulings is that Trump isn’t pursuing policies the judges personally approve of so his acts are somehow unconstitutional for reasons and because.

That’s not how things are supposed to work, but that’s how things do work today – and it’s indisputable that it correlates with who appointed the offending judges. That’s what John Roberts should be focusing on, the utter failure of his beloved institution to perform its duties at even the minimal standard of dedication to the principles it supposedly enshrines and from which it derives its deteriorating legitimacy. 

Instead of speaking the painful truth, Chief Justice Roberts chose to attack the one guy who was telling it like every single one of us knows it is. Instead of calling on his robed solons to do the hard work of applying the law and not their personal policy preferences, Chief Justice Roberts compounded the problem that is undermining the judiciary.

The lie cannot but harm the reputation of the Supreme Court, bring it into disrespect.

Kurt Schlichter sees the harm as very severe. He concludes with a flourish that may be extravagant, but it underlines the seriousness of what has happened: a Supreme Court justice – the Chief Justice himself! – made a public statement that is manifestly false in a display of extremely bad judgement.

John Roberts thinks pushing pretty falsehoods is going to save his institution. He’s wrong. His aspirational lie and his sadly all-too-typical elite refusal to confront the bitter reality that his institution has utterly failed to do its job will do exponentially more damage to the judiciary than a million Donald Trumps ever could.

A million Donald Trumps is an indigestible concept. All we need is one Donald Trump, and we are lucky to have one.

Now that even the Supreme Court has let us down, and the House of Representatives has fallen to the fearsome, raving Democrats, what or who do we have to save us from decline into serfdom and impoverishment?

At least for a time we have President Trump.

Posted under Law, United States, US Constitution by Jillian Becker on Monday, November 26, 2018

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Trumpism triumphant? 2

Has the Kavanaugh affair united the Republican Party behind President Trump?

And if so, will it now defeat the ever more berserk Left?

Of the Republican reaction to the tactics of the Democrats opposing the confirmation of Brett Kavanaugh’s appointment to the Supreme Court, Gavin Wax writes at Western Journal:

The silver lining in this disgusting spectacle is a unified GOP moving forward with the singular goal of crushing the left. The line in the sand has been drawn, and there is no turning back. Even the most stubborn Trump haters of the right see that now. The Kavanaugh hearing will be a seminal movement in this fractured era of politics, and if the GOP can muster the courage to get ferocious with their contemptible enemies, it can be the turning point toward Making America Great Again.

He sees the affair as a vindication of President Trump’s leadership. It’s not only the Kavanaugh victory that proves the Trumpian way is the right way, but it provides the moment for full realization:

Anyone watching intently during the Obama years could see what was forming on the left, but it has reached critical mass due to Trump’s meteoric success. People who do not closely follow politics are seeing what the left is really all about aside from that flowery veneer of tolerance and diversity. The average blue-collar supporter of Trump has their eyes wide open, never to be closed again. This is a once-in-a-lifetime moment that we have to capitalize upon while there is still time.

No turning back” for the GOP?  Never again will the average blue-collar worker believe the Democratic Party serves his interests?  Never again will the Republicans allow the Left an inch if by any means they can be stopped?

Well, it still depends on whether Republicans can “muster the courage to get ferocious”.

The writer hopes that “the most stubborn Trump haters of the right” see now how good is President Trump’s leadership is.

He hopes that certain Republican commentators who were against Donald Trump’s presidency have been brought by the Kavanaugh affair to see the light. They ought to have been, but he is not certain that they were:

Commentators like Erick Erickson, David French and John Podhoretz have to be realizing that Trump’s approach is vindicated. They can bemoan Trump for swatting the hornet’s nest and stirring up the left, but the communist threat is coming to destroy the lives of anyone who is to the right of Karl Marx. If you are white, Christian, conservative or a male (just one of these attributes is enough), they will target you and your family with a heinous smear campaign, and that will just be the beginning. Trumpism is currently the only viable alternative to the Orwellian machinations of the left.

How many  Congressional Republicans formerly antagonistic to, or unenthusiastic about, Donald Trump have come round to his side because of the Kavanaugh affair?

A new eclectic coalition of surprising allies has coalesced around the president.

The most vociferous defender of Kavanaugh during Thursday’s hearings was arguably South Carolina Sen. Lindsey Graham. Graham ran for president in 2016 largely as a wet blanket attempting to cool the Trump revolution but has come around in years since. Trump has also been able to hatch out solid working relationships with Mitch McConnell, Orrin Hatch, Rand Paul, Tom Cotton, and Mark Meadows — an interesting cross-section of political leaders. …. A coalition that seemed inconceivable just last year.

Some have been left behind — like now deceased former Sen. John McCain whose vendetta with Trump became personal, soon-to-be-gone Sens. Bob Corker and Jeff Flake who staked their careers on opposing Trump’s rise in the GOP, and Reps. Justin Amash and Walter Jones who went from constitutional heroes to pariahs over their stubborn opposition to the president — but the overwhelming consensus of the Republican Party is firmly behind Trump. Kavanaugh’s railroading has only strengthened Trump’s power over his constituency, and this party unity will be needed for what is to come.

If Kavanaugh’s confirmation was the convincing achievement, still it must be noted that Kavanaugh was not himself unwanted by Never Trumpers. The victory was not exactly a victory for Trumpism as such. Kavanaugh was “an establishment supported candidate”. 

In what may have been a fortuitous coincidence or was perhaps another example of 4-D chess, Trump picked an establishment supported candidate in Brett Kavanaugh as his second proposed Supreme Court nominee.

In fact, some Trump supporters did not consider Kavanaugh conservative enough:

Although some of Trump’s die-hard supporters were tepid on the pick at first, the attacks from the left quickly solidified him into a hero.

But –

He had the full-fledged support of the NeverTrump right from the outset because of his closeness to President George W. Bush …

So let’s enquire: what do Never Trumpers on the Right themselves have to say about warming to the president’s leadership?

What is the National Review saying?

The editor-in-chief of National Review, Rich Lowry, does not count himself a Never Trumper; but his colleagues, Ramesh Ponnuru, Jonah Goldberg, Bill Kristol and Stephen Hayes, firmly and sternly do.

Or have done.

Until now? Until the victory of President Trump, the Senate Republicans, and the new Supreme Court Justice himself, won the fierce and prolonged battle to get Justice Kavanaugh’s appointment confirmed?

It seems there has been a change of mind.

Significantly, the authorship of this National Review article is attributed to “The Editors”:

After one of the most intense political fights of the last two decades, Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit has become Associate Justice Brett Kavanaugh of the United States Supreme Court. This is a good thing for the integrity of our Constitution, for elementary American norms, and for the long-term health of our political institutions.

Justice Kavanaugh has demonstrated throughout his career a firm adherence to a constitutionalist jurisprudence; indeed, that was the root of the opposition to him. He will undoubtedly stay true to this approach, which has guided him during his years on the D.C. Circuit and is evident in black-and-white in his hundreds of opinions. All of this was pushed to the side, though, in the final frenzy to destroy and defeat him. …

Judge Kavanaugh was not “on trial” in a formal sense. But that fact in no way undermines the practices and norms that mark formal trials. Presumption of innocence and an insistence on corroborating evidence are integral parts of our system because they work. Had the Democratic party prevailed in its attempt to set them aside, the precedent would have been disastrous.

Throughout this saga, the Republicans on the Senate Judiciary Committee maintained that their job was to investigate credible charges of wrongdoing and to determine whether they could be verified. Shamefully, their counterparts exhibited no such interest. It was unclear whether Judge Kavanaugh’s record was being examined for rape or for rudeness, for drinking or for defensiveness, for temperament or for truth. At times the lack of focus took on a Stalinist quality: “He did it,” Kavanaugh’s accusers insisted day in, day out, “but even if he didn’t, the vehemence with which he denied it is itself disqualifying.”

It is a testament to the fortitude of the Republican party that these conceits were rejected in the end. Donald Trump had the good sense to pick Kavanaugh, and then the determination to stick by him. …

In America we do not sacrifice individuals on the altar of collective guilt, and we do not entertain that illiberal alchemy by which “nobody can corroborate this” becomes “he did it and must pay”. When the Senate met yesterday to put a bow on this squalid affair, there remained as much evidence for Judge Kavanaugh’s unfitness as there had been on the day was nominated: none. To have rejected him despite this, [Senator Susan] Collins observed, would be to have abandoned “fundamental legal principles”.

The Senate refused to do so. The Justice prevailed, and so did justice.

The praise of Donald Trump for his “good sense” in picking Brett Kavanaugh, and his “determination” in sticking to his choice, does imply that “The Editors” of National Review, as a body, now approve of the president.

What then lies ahead?

Back to Gavin Wax who writes that “Trumpism is the only way forward”:

What is left of the Buckleyites thought that they and the “sane voices in the room” on the left could sweep this Trump embarrassment under the rug and head back to the politics of the past. That delusion is no longer tenable. The inmates run the asylum on the left, and every denizen must submit to every ridiculous trope regarding gender, sex, race, etc. or face the social consequences. Because groupthink is their default preset, nobody can speak up against this institutional insanity without getting cannibalized by the jackals. …

But –

The left is never going to capitulate. They have gone too far to stop now. They will only escalate things drastically from this point forward. They will repeat any lie — no matter how absurd, cruel or disgusting it may be — to stop Trump and his supporters. Anyone who believes in the Constitution, the rule of law, due process, and the presumption of innocence is a racist Nazi guilty of sexual assault. This is the future that we will live in if the left is successful, and it is probably worse than what Orwell envisioned in “1984″.

Remember, the left has many institutional advantages that are difficult to overcome. The demographic realities are on their side. The cultural downslide has already reached epidemic proportions. We cannot expect another Trump to come along and move things forward if he is ultimately stopped. This may be our final stand, and we have to move ever more boldly as a result. Trump has taught us that we have to be willing to fight as ruthlessly as the left in order to win.

If the Republican Party now fully accepts President Trump’s leadership; if Republicans at last have the stomach for a fight, or better still an appetite for it; if they engage the fight and if they win it, then the Kavanaugh hearing will have been “a seminal movement in this fractured era of politics” and a turning-point.

Now for the ferocious battle.