by Robert M. Traxler
A year ago I wrote in this column: “If Justice Ruth Bader Ginsberg becomes too frail to continue on the court (something I am not hoping for, I have always liked strong women and she is a lot of fight in a small package), the battle for her seat would be the nastiest ever in American judicial politics, and that is saying a lot. I would be surprised if the radical left would not resort to open violence, knowing the originalists would be in control of the traditionally liberal court. Roe v. Wade as we know it would be in danger of being modified; no issue is closer to the heart of the left than Roe, no issue more divisive, none more passionate.”
Sadly, Associate Justice Ginsburg passed away Friday; wait until she is laid to rest, then batten down the hatches and lower the head sails on the ship of state, all hell will break loose.
The debate, the battle, the violence will center on the Constitution. Do we follow the Constitution as it is written, or do we just disregard the document and do what is politically correct? Quite frankly, I do not believe the Supreme Court has the right to disregard the Constitution and do as it pleases; that would make the Supreme Court the most powerful branch of government by far.
Just why the American left does not follow the Constitution and place an amendment to the founding document on the ballot to make abortion legal everywhere, as has happened 27 or 17 times before, depending on how you count the Bill of Rights, is puzzling. The court should not legislate from the bench, but has, an in my opinion, far too often. It has become a given that the Supreme Court is the go-to agency for the left to “socialize” the nation, making an end run around the other two branches of government.
The founders set a process to modernize and update the base document that is not an easy process; by design it is hard, but by no means impossible. Slavery ended with an amendment, and the way we elect the president and senators was changed with an amendment. Automatic citizenship for all born in the United States, the right of all citizens to vote, banning liquor then allowing it, giving women the vote, term limits on the president, bans on poll taxes, removing a president from office and more were all amendments passed using the established process.
The long knives are out, the character assassinations are in progress. As of this writing no one has been named to fill Justice Ginsberg’s vacancy, but it matters not at all. When President Donald Trump nominates anyone, she/he will be the devil incarnate, Hitler, Stalin, Beelzebub, Jeffery Dahmer and Hannibal Lecter all rolled into one.
We need to ask ourselves, how did the Supreme Court get to be this powerful? How did nine justices get to be more powerful than then the rest of the government combined? They did it by forgetting the Constitution and making themselves deities.
I am sure many will disagree with me in that they will say the court is not liberal; if not, why are they so hell-bent on keeping a liberal activist in the seat vacated by the sad death of Associate Justice Ginsberg? The accolades for Justice Ginsberg mostly refer to her as a liberal activist and untiring supporter of women’s rights. She was indeed, however, it would have been better if she were remembered as a untiring supporter of the Constitution.
Four years ago, after the death of Antonin Scalia, on February 13, 2016, many Republicans stated vociferously that with the election was only 8 months away. It was too close to the 2016 election to consider Merrick Garland, already nominated, for the Supreme Court. The people should decide, came the cries. Now, with no one even nominated, republicans are hot to get Trump’s pick the cherished lifetime appointment. As I write this, it is September 22nd, with the election set for Nov. 3rd. We are not only much nearer to an election, it has already begun in some states. Didn’t you agree with that reasoning? I don’t know if you did or not. But in any case, doesn’t such thinking as that give off a rather strong whiff of hypocrisy?
It goes to elections matter. If the Democrats would have had the White House and Senate like the Republicans do now, they would do the same as what is happening now. You know it to be true.
As your hero Barack Hussein Obama said you can get on the bus but you have to sit in the back and be quiet. Elections have consequences. I expect the mail-in ballots to muck up the elections and it will be a giant cluster foxtrot for some time.
Mr. Basura,
Sir,
Yes.
Nothing in the Constitution the Supreme Court rules on that states the President needs to wait or even have committee hearings in the Senate, the Senate can call a vote tomorrow. Hypocrisy, yes but the Democrats did not need to wait they got over confident and felt Mrs. Clinton would win so they felt no need to rush Judge Garlands appointment, it was a decision based on election politics, as is this one.
Thanks for the comment. Stay safe Marine.
You too, soldier.