The Rule of Law(less)

In the aftermath of recent Supreme Court decisions that Leftists didn’t like, they’ve adopted a new plan of attack: undermining the credibility of the High Court by any means necessary. It’s even gotten to the point a Georgetown law professor tweeted out a missive calling the Supreme Court “actively rogue.”

Hoo boy. It’s one thing for a lay Leftist to tweet out something this stupid, but when it’s someone teaching future attorneys, the stupid actually hurts.

First off, Leftists need to drop the “rogue court” bullshit because, well, it’s bovine scat. Regardless of how you feel about it, the fact remains each current Supreme Court Justice went through the same process with only minor deviations from the set script. The opposing party tries to sink the nomination through stupid “gotcha” questions asked by politicians who wouldn’t know habeas corpus from a hole in the ground, while the supporting party chucks more softballs than an explosion at a Nerf ball factory. Granted, it’s supposed to be more substantive than this, but this is the Senate we’re talking about here. You’re more likely to find a virgin on a porn set than you are a smart Senator.

One of the reasons the Left is committed to the “rogue Supreme Court” line is they got played by Mitch McConnell with an assist from Chuck Schumer. To try to get some of President Barack Obama’s judicial nominees through the confirmation process, Schumer set the precedent that a simple majority was good enough to approve the nominees. Well, McConnell applied that precedent to Supreme Court nominees, even after warning Senate Democrats of what could be coming if they went ahead with the Schumer strategy.

Then, there’s the Merrick Garland situation. Due to a vacancy on the High Court, President Obama had the opportunity to nominate a Justice, but McConnell again relied on precedent to block Garland’s nomination from going forward due to the vacancy occurring during a Presidential election year. As a result, Garland went from ineffective Supreme Court nominee to ineffective Attorney General, Donald Trump got three picks, and Leftists got their panties in a bunch because they got played by a Republican, and a Southern Republican at that!

That blow to the collectivist ego is what I think is driving the “rogue court” sentiment right now. The recent decisions going against the Left’s wishes add fuel to the fires of hatred, but it’s the agony of defeat that was the spark that set the kindling ablaze in the first place. And that’s what we have to fight right now. The Supreme Court isn’t acting on its own against the Constitution, as can be seen by, oh I don’t know, reading the fucking decisions before throwing a temper tantrum?

The thing is the Left doesn’t mind courts going rogue if the end result is what they wanted in the first place. Like Roe v. Wade, for example. The reason it’s been so controversial is because its legal and constitutional standing are shakier than Jello on the San Andreas Fault during a 4.8 on the Richter Scale. Or that analogy, even. Anyway, the point is the Roe decision was eventually going to come to a head and the foundation of balsa wood and wet tissue paper it was sitting on would crumble. If Leftists wanted to avoid this problem, they would have codified legal abortion through the legislative process. However, they didn’t because a) they’re short-sighted, b) they’re dumbasses, and c) they ironically relied too heavily on the conservative nature of the Supreme Court.

Now, I’m not talking politically conservative here. What I mean is the High Court’s tendency not to undo lower court rulings unless there’s a Constitutional means to do it. As much judicial activism as there is in this country, the USSC isn’t a hotbed for it. In many cases, the rulings are based on legal scholarship, understanding of Constitutional principles, and a dispassionate approach. With abortion, however, that last one goes right out the window with Justices playing to their respective crowds. That turns any confirmation hearings into a political Kabuki theater where a lot gets said, but little of substance is found. You know, like a Kamala Harris speech.

Since the advent of “Borking” judicial nominees, politicians from both sides have figured out the art of the “gotcha” question, most of which with nothing to do with the job duties. Whether it’s asking a nominee whether Roe v. Wade is “settled law” or what a woman is, we should be collectively asking “What the actual fuck?” It’s not to develop a full picture of a nominee’s legal philosophy; it’s to try to draw rhetorical and metaphorical blood.

And now it’s being used to demand three current Justices (Gorsuch, Kavanaugh, and Coney Barrett) be impeached for, get this, perjury when they said Roe was “settled law” when they were under oath at their confirmation hearings. Since most Senators have the intellectual prowess of kale, they fail to understand the fact any judicial candidates can only speak to the condition of the Roe decision at the time of the hearing because…they haven’t had a chance to rule on cases brought before the Supreme Court yet.

You know, I take back what I said about most Senators. Kale understands chronology better.

If you’re basing your entire belief of a “rogue court” on the idea current Justices lied under oath about “settled law” before they got to be Justices, you’re missing the point completely. We’re not asking the High Court to be prognosticators. Their job is to interpret and apply the Constitution to cases brought before them. And with Roe, the “settled law” was on unsettled ground.

And while we’re here, let’s get something crystal clear: “settled law” is not a thing, especially these days when lawyers find all sorts of new ways to fuck up the language in defense of an idea, let alone a client. It may be a rare occurrence, but the Supreme Court does change its mind on legal matters (and not because some evil right wing cabal with deep pockets is secretly paying them under the robes). Some of the most recent examples of “settled law” being tossed out like Charlie Sheen at an AA meeting involve gun control. After decades of rulings that have allowed strict gun control laws in cities and states to stand, the Supreme Court has changed course and overturned previous decisions based on the Second Amendment, and it looks like those more recent rulings are going to stick, at least for now.

Even if you discount that example, there’s another example that you might have heard of where “settled law” got nuked. It’s called Brown v. Board of Education of Topeka, a decision that reversed the “separate but equal” ruling from Plessy v. Ferguson.

Any Leftists want to call out that “rogue Supreme Court” for undoing “settled law”?

Although a lot of the hatred is being directed at Justice Clarence Thomas, there is additional vitriol being spewed at the aforementioned Justices Gorsuch, Kavanaugh, and Coney Barrett. Although the Left wants to make it about alleged perjury, the actual reason may be a lot more basic. And I mean that as in “simple” and “crude.” What do these three Justices have in common, aside from sticking in Leftist craws? They were all appointed under Donald Trump. Even though Leftists managed to beat Trump in the 2020 election, he still manages to find a way to live rent free in their collectivist heads and still have space for all of Trump’s stuff, an Olympic size swimming pool, the Taj Mahal, and at least 3 football fields (NFL, Canadian, and Arena Football).

The fact Trump’s appointees have foiled the Left repeatedly pisses them off to no end, so instead of taking their lumps and figuring out how to govern, they use the “rogue court” defense. After all, they can’t be legitimate because Trump appointed them, right! And they still maintain Trump was never a legitimate President (although voters in Wisconsin might disagree). If they can’t win, they claim chicanery. Like when they claim Senators get into office because of gerrymandering.

Yes, kids. They are just that stupid.

The Left also has a Constitutional problem when it comes to “settled law,” namely their contrary position on the Constitution itself. Remember, the Left loves to say the Constitution is a “living document,” meaning they can make up what they want to be in there and get a court to agree with them. But wait…if the Constitution can be fluid, why are some Supreme Court decisions based on interpretations of it unable to be just as flexible? Or it is only decisions Leftists agree with that are set in stone?

Things that make you go hmmmm…

To put a nice tidy bow on this piece, we need to consider Leftists are now trying to figure out how to “discipline” the Supreme Court for going rogue (at least to Leftists). All because the High Court didn’t rule the way they wanted. For all their faults, the Right understands the rules and found a way to get a long-desired goal by working within the system. They didn’t bitch and moan about how the Supreme Court was horrible and needed to be punished. They got Justices appointed, crafted legislation and legal arguments to achieve the goal, and got it done without too much drama. Calling a branch of the government “rogue” doesn’t move the needle for anyone but those who already think that way, and it doesn’t help make the argument for anyone outside of the hivemind.

Ultimately, though, it is nothing but sound and fury, representing nothing but a hissy fit from people who didn’t think they would ever have to play within the rules to get what they wanted. Now that the Supreme Court has ended that judicial gravy train for the Left, they’re left complaining, maligning, and utterly missing the point. The Right plays the long game, while the Left plays the short-sighted game, and the Left keeps losing with this strategy. Do you honestly think calling the Supreme Court “rogue” or looking for ways to neutralize, circumvent, or vaguely threaten the High Court will work?

Spoiler Alert: it won’t. And it won’t help you look any less lawless.

Leftist Lexicon Word of the Week

There are some weeks when your humble correspondent struggles to find an appropriate Lexicon entry based on the events of the day. Other times the Topics Gods shower me with topics.

Let’s just say I hit the motherload of motherloads this week. From the Socialist Socialite wearing an expensive dress with “Tax the Rich” on it while attending an event catered to the wealthy to the FBI being shown to be the Keystone Kops with federal funding, there was no lack of content. But I’m going to focus on a new Leftist turn of a phrase that came up during a recent confirmation hearing.

President Joe Biden nominated Jennifer Sung for a position on the 9th Circuit Court, and during the hearing she was questioned about a letter from Yale Law School students and alumni that she signed regarding then-Supreme Court nominee Brett Kavanaugh that said he was “intellectually and morally bankrupt” and that “people will die” (a direct quote from the letter) because of his stances on abortion and gay rights. Sure, she’s a nutter, but on the bright side the 9th Circuit Court is going to easily retain its title of Worst Circuit Court EVER.

In attempting to defend her position, Sung used the term “rhetorical advocacy.” Leftists glommed onto this, accusing anyone who found it nonsensical of being too dumb to figure out what it means. Unfortunately for them, I’m a word guy, so I will take a crack at it.

rhetorical advocacy

What the Left thinks it means – supporting a position in a general, high-level way

What it really means – a stupid way for a Leftist to get out of a public statement

The year was 2018, and then-President Donald Trump nominated Brett Kavanaugh for the open seat on the US Supreme Court. At that point, the Left lost their collectivist hivemind because Kavanaugh was…a conservative! Before you could get Christine Blasey Ford on an airplane, the Left went to town trying to find a way to take down Kavanaugh.

Enter Ms. Sung and the aforementioned letter. At the time, the letter didn’t make the news because it didn’t meet the Left’s definition of news. To them, Kavanaugh being “intellectually and morally bankrupt” was an article of faith and, thus, didn’t need to be questioned. The funny thing? If Kavanaugh were a Leftist, that bankruptcy would be a resume enhancer.

Three years later, Ms. Sung’s signature is coming back to haunt her own judicial nomination. Even if you buy the idea of rhetorical advocacy, the problem of whether the words themselves were hyperbole comes into play. Granted, I haven’t been spending the past 3 years keeping track of the number of deaths directly related to Kavanaugh’s position on social issues, I’m going to go out on a limb and say the number is in the neighborhood of, oh, zero.

As the late Rush Limbaugh said, “Words mean things.” If Ms. Sung were concerned about the language used in the letter, she had a personal obligation not to sign the letter. Yet, she did because she never thought it would come to light. Oops.

Rhetorical advocacy is a ten-cent word that sounds impressive, but really isn’t. Once we break down the parts of the phrase, we can see what I mean.

Rhetorical involves the use of language, written or spoken, to convey an idea. This Leftist Lexicon post is an example of what I mean. Maybe not a good example, but an example all the same. Advocacy involves the support of an idea or cause through thoughts, words, and deeds. Put the two words together and you get…a redundancy. Advocacy uses rhetoric, and rhetoric can be used to advocate for a desired outcome. When you put it in the context of the letter Ms. Sung signed, the two terms are interchangeable.

This leads to the question of why the Left has adopted this meaningless term while mocking those who don’t think it’s all that great. Fortunately, there’s a simple answer: it’s to give them cover for their bullshit. Remember, Leftists love to play word games to make themselves sound smarter than they actually are. By throwing together the two words in question, it makes the result sound high-minded and intellectual. As we’ve seen, it’s neither, and it’s not that effective when it comes to providing cover.

I have a simple philosophy when dealing with people: take them at their word until they give me reason to doubt it. Although I disagree with Ms. Sung’s conclusions regarding Justice Kavanaugh, the fact she’s shying away from the words she signed off on now that the letter has come to light tells me she’s not willing to own up to them. Cowardice in the face of potential career advancement is no virtue, no matter what fancy-sounding words you use to soften the blow. I would have rather had her say, “I signed that letter because I agreed with the sentiments within it” because it would have been honest. Absolutely wrong, but honest.

Putting all that aside, the fact the Left is attacking those of us who think “rhetorical advocacy” is a bunch of bullshit is a sign they have no valid argument for the letter, nor Ms. Sung’s nomination. Who would want a judge on any level of the judiciary that can’t stand behind a statement without parsing it through an ideological lens? Any verdict offered by such a judge would be suspect and grounds for an immediate appeal to a higher court.

Which, if you think about it, makes her perfect for the 9th Circuit Court.

Leftist Lexicon Word of the Week

Since Tara Reade came forward with allegations former Vice President Joe Biden sexually assaulted her, the Left has been in two modes: attack the accuser and the Right, and defend a man who in on video sniffing females’ hair. When people of all political stripes point out the Left’s double standard, the Left talks about “fake outrage” and suggests the people calling them out don’t really care about women, just scoring political points.

You know, like they did with Brett Kavanaugh?

However, it is interesting to look at how the Left uses outrage to achieve ideological goals. Before we do that, let’s define the term.

outrage

What the Left thinks it means – an expression of righteous anger over a grave injustice

What it really means – the rhetorical equivalent of holding your breath to get your way

Today’s society is an emotional minefield. Say something, do something, or believe something that offends a Leftist’s feefees, and you are subject to a world of hurt. If you’re lucky, they will stalk you, find out every piece of information they can about you and release it to the world, protest in front of your house, leave threatening messages for you and your family, contact your employer to get you fired, and make you look like Sybil’s crazier cousin. Just think of what they might do if you did something really bad!

This is only possible due to outrage. Leftists love mobs because they give the impression of popular opinion without the niggling little detail of confirming whether the mob actually represents popular opinion. The other aspect of this is volume, as in loudness. A mob can make a lot of noise, which underlines the impression of public opinion being on its side. It, too, fails to go the extra step to confirm whether the public agrees with the mob.

Let’s look at ANTIFA, for example. This group of happy-go-lucky miscreants make a lot of noise and come out in droves, and the Left uses them to justify their positions on social injustice. It’s a win-win for them…until ANTIFA starts breaking the law and the Left has to pretend they don’t agree with ANTIFA’s methods (Spoiler Alert: they do). And all of this is made possible through outrage.

And, unfortunately, outrage works. Humans have a natural desire to be accepted by a community, and anything that threatens that makes us defensive. Imagine a bunch of blue-haired pink pussy hat wearing Leftists appearing outside your house saying you were Adolf Hitler. The most obvious response is to deny it and try to persuade others (and possibly the mob) you aren’t. Some will believe you, but most will either keep quiet or agree with the mob to avoid having the mob come after them. Or at least to try to get the blue-haired pink pussy hat brigade to stay out of their begonias.

Here’s the funny thing: the Left is always outraged about something, which is as close to a perpetual motion machine as we will see in our lifetimes. As a result, the world outside of their ideological bubble will tick them off at the drop of a microaggression, and we will all have to walk through the resulting minefield while wearing clown shoes. It’s not a matter of if we’ll offend them; it’s a matter of when.

This brings us back to fake outrage, which is a way for the Left to defend themselves against those who see what they do as fake. The Left believes all of their motives are noble and anyone who doesn’t agree is ignoble. Therefore, all of their fake outrage is real and all of our real outrage is fake. And, yes, I realize this makes no sense, but the Left don’t care about facts and logic, only feelings.

Oddly enough, that is exactly how to overcome the Left’s outrage. They need to feel it, but we don’t. If we accept what they believe to be true, we surrender the rhetorical high ground to them. If we don’t, all they have to fall back on is their outrage, which inevitably escalates and makes them seem a lot less persuasive and a lot more cray-cray. Eventually, the line between true outrage and abject insanity gets so blurred as to be non-existent, and the Left is pretty much tap-dancing on the line as it is. As a result, it’s easy to turn their outrage against them by denying them the oxygen for their outrage bonfire.

This isn’t to say the Left is completely full of bullshit when they get outraged. Most of the time, yes, but sometimes they do bring legitimate points to the table, albeit couched in layers of bullshit. I do believe there is a stigma around victims of sexual assault and it needs to be called out no matter who it is maintaining the stigma. On the flip side, there are also people who are unscrupulous enough to make up sexual assault allegations for any number of reasons, which furthers the stigma. I observe Tara Reade’s allegations with the same critical eye I used with Christine Blasey Ford’s: there may be something there, but we need a full investigation to be sure to make sure we move forward with the right course of action. One based not on outrage, but on facts.

The Left doesn’t agree. Whether it’s male college students, a Supreme Court nominee, or a former Vice President, their course of action is the same: protect the Left, no matter how absurd it makes them look. Knowing this makes it possible to see the Left’s outrage for what it is: a temper tantrum designed to get people to knuckle under to whatever they want, only to have them throw another one the next time they want something. As any parent who has had to deal with this from their children will tell you, it never ends well.