I didn’t get caught up in President Trump’s game show hype about picking a replacement for retiring Supreme Court Justice Anthony Kennedy — the closest thing to a swing voter we had on the Supreme Court. We all knew it would be someone meeting the approval of The Federalist Society, Heritage Foundation and whatever combination of that is responsible for the bad guys in “The Handmaid’s Tale.” I admit I did hold out a grain of hope that Trump would keep “The Celebrity Appresident” interesting by nominating someone like Gallagher or Pee-Wee Herman, but no such luck.
Brett Kavanaugh will be easily confirmed, so the Democrats might should focus their energy on getting people to the polls instead of fighting in vain to stop him from being seated. Their apathetic voters and the people who think one party is just as evil as the other is the reason we will have a right-skewed Supreme Court for many years to come.
Conservatives want the court to have a majority of right-leaning justices, hopefully the kind so disinterested in counter arguments that they’ll be like Justice Clarence Thomas and not even ask questions or quit snoring during arguments. Liberals want the court to have a majority of left-leaning justices, the kind hated by the American Society of Christian Cake Bakers.
I, however, want the court to have nine swing voters. I want nine justices who may rule 9-0, 5-4 or 7-2. I want each case considered on its own merits in regard to the Constitution in context with a world 230 years older than the Constitution. I don’t want to see every outcome already determined before a case gets to the bench. If all the justices are going to adhere to predictable ideology, we might as well just have a vending machine for cases outside the court and save some time and money in the process:
“Please insert your case and 75 cents. Congratulations. Here is your 5-4 decision. Enjoy your oligarchy and have a nice day.” Continue reading