Thursday, June 28, 2018

Thank You Justice Kennedy

As you probably know Justice Kennedy has resigned.

As you also probably know the left is on fire, again.

It will come as no surprise to you that they are lying, again.

You may remember that after Justice Scalia, a conservative, died in February 2016 Obama nominated someone to take his place. The Senate, which must approve all federal judges, was and is controlled by Republicans. We refused to give Judge Garland (the putative nominee) a hearing.

Our rational was simple and with precedent. A new President would be elected in a matter of months and that person should nominate the next Supreme Court Justice.

Keep in mind that in February 2016 we did not know, although it was becoming more obvious, that Donald Trump would be our nominee. We assumed, like most others, that Felonia von Pantsuit (thank you Mr. Schlichter) would be the Democrat nominee and, according to every poll and most pundits, the next President of the USA.

One of our justifications for refusing to consider the nomination was what has come to be known as the "Biden Rule". In 1992 then Senator Joseph Biden proclaimed that should a vacancy occur on the Supreme Court during that election year any nomination should be delayed until after the November election. You will not be surprised to note that George H.W. Bush was our President at the time.

I do  not recall Vice President Biden repeating his 1992 opinion during the very acrimonious debate about giving Garland his hearings during the 2016 election year. Of course, as with all things Democrat, the rules are situational. A Democrat was President so, of course, clearly entitled to have hearings on his nominee. For once we Republicans, led by Senator McConnell, refused to cave and no hearings were held.

Now Democrats are insisting that the "McConnell rule" be invoked and no hearings be held on any nominee during this election year.

"“Our Republican colleagues in the Senate should follow the rule they set in 2016,” Senate Minority Leader Chuck Schumer said in a speech on the Senate floor. “Senator McConnell would tell anyone who listened that the Senate had the right to advise and consent — and that was every bit as important as the president’s right to nominate.”"

Really? I don't remember it that way. Both the "Biden Rule" and the "McConnell Rule" were explicitly formulated as applying during Presidential election years. This is not a Presidential election year. There will be another Trump nomination.

Given the gravity of the threat to lefty policies that a decidedly conservative court would present they have reacted with their usual cool, calm and well reasoned arguments.
"FUUUUUUUUUUUUUCK
— Tommy Vietor (@TVietor08) 11:03 AM - Jun 27, 2018" 
The resignation of the fiscal conservative but social liberal Kennedy is, in fact, a monumental (yuuuuuuuge?)  event. He was appointed in 1988 by our most conservative President before DJT, Ronald Reagan. Kennedy "grew" in office and gave us such fabulous social outcomes as same sex marriage invoking the well known legal principle that marriage is the only cure for loneliness.

"...Their hope is not to be condemned to live in loneliness..."

Well, he is gone. An apparently reliable conservative will be appointed in his place which means there will be five solid conservatives on the court with Chief Justice Roberts (the "conservative" who saved Obamacare), more conservative than not, making six conservative voices in most cases. This will bring the left's mostly unconstitutional agenda to an end for at least 25 years. Thank goodness!

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