Supreme Court associate justice Anthony Kennedy’s announcement sent shockwaves through much of the legal community. For years now, he has been the X Factor in the legal system, the swing vote in 5-4 rulings, for better or worse. While not so much this past term, Kennedy did more to shape the outcome of the Court than any other justice. And now, poof, he’s gone.
And heads exploded. From the anti-Oracle of legal opinion, Mark Joseph Stern shrieks at Slate
Anthony Kennedy’s retirement ensures the Supreme Court will allow states to outlaw abortion.
Others with less moderate views see Kennedy’s retirement as the end of America, the world, life as we know it. The primary cause of the Apocalypse is that Darth Cheeto will get to appoint Kennedy’s replacement, but the secondary cause awaits the nomination itself.
Going out on a limb and predicting that a number of intelligent, well-credentialed, reasonable sitting Court of Appeals judges will be defamed in the coming weeks … https://t.co/76W9ihgzR6
— Rick Garnett (@RickGarnett) June 27, 2018
It’s possible that Trump could nominate someone as crazy as Jeanine Pirro, possibly the dumbest person to ever have her wealthy felon-husband buy her a public office until she was ditched into a judgeship just to get rid of her, given her vehement support of Trump using only small words.
But it’s more likely that Trump will nominate a sitting federal Court of Appeals judge to take the seat. And as that wild-eyed radical prawf, Rick Garnet, notes, the mere potential means that some jurist who has earned great respect for her accomplishments will be ripped to shreds by lies, distortion and hatred. The day before, the mob won’t have known the judge’s name. The day after the name is mentioned as a potential Trump nominee, the mob will know more than the judge’s proctologist.
And once a nominee is actually named, the mob will destroy the nominee, his family, mailman and sixth-grade teacher. After all, if Trump nominates him, he must be the anti-Christ who will reverse Roe v. Wade by himself on his first day at One First. Then he’ll eat babies for lunch at a table with Sam Alito and Clarence Thomas.
If the nominee for the Supreme Court should be a sitting Court of Appeals judge, we will already know that they are smart and exceptionally accomplished. They may not reflect the perspective some would prefer in a justice, but that’s not because they are evil or malevolent (sorry, Judge Bork), but because smart and accomplished people don’t necessarily turn to the woke for their spiritual guidance.
I may never agree with Justice Alito on a crim law issue, despite his roomie’s, NY Supreme Court Justice Mark Dwyer, best effort to raise him properly, but my invariable disagreement with him doesn’t make him the devil. Just someone with whom I seem to always disagree.
Mention the name Neil Gorsuch to the passionate and they will start to sputter, to spit, their hair going on fire and their eyes bugging out of their sockets. He’s become the personification of evil, hateful eyes parsing every word, every punctuation mark, to denigrate everything from his analogies to his imagined drooling as he undermines the fabric of society.
Before his nomination to the Supreme Court, he was highly-regarded judge on the Tenth Circuit Court of Appeals. Nobody hated him. Few even knew his name. Certainly, no one would lose sleep at night over his rulings or opinions. Upon his nomination, my dear friend, Judge John Kane, told me that Judge Gorsuch, whom he knew very well, was a brilliant and honorable judge, open minded and hardly ideological. But then, Judge Kane actually knew Judge Gorsuch, so what would he know?
Ramping up on whom to destroy, what careers to ruin, what lies to create and what opinions can be twisted sufficiently to gaslight the clueless into losing their minds over the end of the world, may begin shortly. After all, replacing Kennedy is the biggest thing to ever happen since the election of Darth Cheeto. It will almost certainly hit ramming speed when a name is actually announced.
And when that happens, a good, smart, hard-working, civic-minded jurist will watch helplessly as puny nutjobs throw feces on his or her life’s work, wondering whether she will be allowed to eat at a restaurant in peace, whether her kids can go go to school unmolested, whether the sacrifices for a career marked by integrity were worth it when they’re going to be accused of pederasty no matter what.
Who needs this?
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