By the time you read this, Neil Gorsuch will have been confirmed to fill the vacancy on the US Supreme Court left by the late Antonin Scalia. And, by the time you read this, Leftists will still be whining about it.
There were a number of reasons Senate Democrats voted against Gorsuch, ranging from his “extreme” viewpoints (like daring to follow the letter of the law instead of inventing new legal meanings out of nothing) to being too legalistic. That last one was courtesy of California Senator Kamala Harris. Finally, we have someone who can fill the intellectual void left when Joe Biden left the Senate!
One of the more common ones, though, was that Gorsuch was not mainstream enough to be a Justice. Of course, when I consulted the Constitution, I didn’t find any requirement to serve on the Supreme Court, but hey, I’m just too legalistic. However, I did find an interesting topic for this week’s Lexicon.
What the Left believes it means – conforming to societal norms as the Left defines them
What it really means – conforming to societal norms as society defines them
When the Left calls something mainstream, it needs to be viewed within context. Remember, the Left considers abortion for any reasons to be normal, so their concept of mainstream is more skewed than the Leaning Tower of Pisa. These are the same people who thought Hillary Clinton was qualified to be President because she lived there for 8 years, won a Senate seat that would have gone to any Democrat this side of Al Gore, and did an abysmal job as Secretary of State. So, yeah, let’s not take their ideas about what constitutes mainstream thinking too seriously.
The important thing to remember is what is considered mainstream can change depending upon time and your perspective. At one time, treating blacks as inferior unintelligent subhumans was considered to be mainstream. Now, we know better and have adjusted our thinking accordingly. Even so, there may come a time when our past thinking becomes mainstream again. And if so, I will be the king of bell bottoms and polyester leisure suits!
The fact mainstream thinking can change is not a good baseline by which to judge potential Supreme Court Justices. If justice is subject to the will of the people, there would be a lot more chaos than there is now. Think of it as a combination of American Idol and America’s Most Wanted. And the cute criminals will get off because the teenage girl population thinks they’re dreamy. Sure, this guy killed 14 people in a food court with an arsenal of assault weapons, but he looks like Johnny Depp, so he gets off.
And if you don’t think that will happen, let me remind you Rolling Stone put one of the Boston Marathon bombers on their cover and then defended it.
The Left will attempt to paint Gorsuch as outside of the mainstream because of the means by which he was appointed to the Supreme Court. When you consider it took Senate Republicans to use the Constitutional option (also known as the nuclear option) to change requirement for approval from 60 votes to a simple majority and the confirmation vote was 54-45, the Left appears to have a point.
That’s where additional context comes into play. President Barack Obama submitted Sonia Sotomayor and Elena Kagan’s names to the Senate and they were confirmed by votes of 68-31 and 63-37, respectively. Yet, when you look at their previous rulings and rulings since becoming Supreme Court Justices, the “confirmation votes mean how close they are to mainstream” argument goes right out the window. Not that they’d admit it, mind you…
The problem with the Left’s argument against Gorsuch is that it’s based on a logical fallacy known as an appeal to popularity. In short, it’s the belief something is correct because it’s a commonly held belief. And with the Left trying to define what should be believed, they may truly believe Gorsuch isn’t qualified because he isn’t popular. Of course, this neglects the years he’s spent on the bench, the quality of his rulings, and, oh yeah, his unanimous confirmation to the Tenth Circuit Court in July 2006 by the Senate (with confirmation votes from Senate Democrats who opposed him this year, I might add).
When the Left says Gorsuch is outside of the mainstream, it’s an excuse to divert attention away from the real reason they oppose him: he was appointed by President Donald Trump. Had he been appointed by President Hillary Clinton (a doubtful proposition, but hear me out), the Senate Democrats would have made him seem like the most mainstream candidate out there. The fact they oppose his politics and decision to follow the law instead of his feelings tells you they’re not really interested in the mainstream. They’re interested in advancing their ideology.
And by doing that, they gained…the ability to call Neil Gorsuch a Supreme Court Justice. Brilliant strategy, kids.