1. How prescient of me to headline yesterday’s warm-up “Deranged” before Justice Kennedy announced his retirement and the progressive/Democratic/ mainstream media/social media freakout commenced!
2. Duh. Since nobody seems to be writing about how perfectly this proves the Trump-inflicted brain damage on the Left, allow me:
- Justice Kennedy is 81. As my dad used to say when he entered his 8th decade, he’s in the red zone, and can drop dead at any second. Did Democrats really assume he would keep working forever?
Their shock at this is ridiculous and unbelievable. WHAT? An 81-year-old judge is retiring?
- This is a wonderful example of how people assume that everyone else thinks as they do. The Trump-Deranged have reached the point where they would saw their pets in half to undermine the President, so they assume that Kennedy feels the same way.
There is no evidence that he does, in part because, unlike Ruth Bader Ginsberg, who has periodically trumpeted her contempt for the President, he has been judicially discrete and professional.
- It is per se irresponsible for an 81-year-old in a challenging job with national impact not to step down before he or she becomes incompetent, or drops dead. Scalia was irresponsible not to retire. Ginsberg should retire (she is 84). Breyer is two months short of 80: he should retire.
Outside of judges, we have multiple members of Congress, notably Pelosi and John McCain, who are being unethical by not stepping aside.
- The bottom line is that nobody should be freaking out, because everyone should have been prepared for it.
3. We get it! You are vicious, juvenile, angry, rigis and irrational people. The Daily News nicely sums up the calm, analytical, reasoned reaction by the Left:
Meanwhile, “The Daily Show’s” Trevor Noah said, “It feels like for the next 30 years America is going to change in a horrible direction. In some ways it feels like all hope is dead and nothing can bring it back.” The liberal site Splinter tweeted, “FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK.” Trenchant point. Senator Kirsten Gillibrand (D-NY) said, “Any one of President Trump’s list of proposed SCOTUS justices would overturn Roe v. Wade and threaten our fundamental rights. I’ll fight to make sure there are no hearings to replace Justice Kennedy until after the election. This is our democracy. Let’s fight like it.” A likely rival of Gillibrand’s for the 2020 Presidential nomination, California’s Kamala Harris, said on MSNBC, “We’re looking at a destruction of the Constitution of the United States as far as I can tell based on all the folks he’s been appointing thus far for lifetime appointments. He’s been appointing ideologues, he’s been appointing people who have refused to agree that Brown v. Board of Education is settled law.” Translation: “Auntie Em, Auntie Em! It’s a twister!”
“Fuck. You. Justice Kennedy,” tweeted ThinkProgress’s editor Ian Millhiser. Stay classy, Progressives! More hysteria issued from liberal commentator Stephen Wolf, who tweeted, “Anthony Kennedy’s replacement with another Neil Gorsuch is a code red for American democracy. Republicans are successfully making us more & more like authoritarian regimes like Turkey, Hungary, & Russia with each passing day.” Are these people serious, lying, or just going mad? Former Democratic Rep. Donna Edwards (Md.) called for an insurrection:
“It’s time for Democrats to throw down, and what I mean by that is we’ve been playing by the rule book, and Donald Trump and Republicans have been playing by street rules…It also means having the street rise up against them in Maine, in Alaska, and of course in Washington, and I don’t think it’s time to be cute anymore.”
Over on Trump-Derangement Central, aka MSNBC, Chris Matthews started screaming about how the Democrats had to wreak “vengeance” for Mitch McConnell’s treatment of Merrick Garland, Obama’s failed nomination, and that the GOP had “no right” to confirm Trump’s new Justice pick. Hollywood has just started its freak-out: here’s Bette Midler…
“Every single institution or agency in our government is being dismantled by this administration. Congress, gone, SCOTUS, gone, the Executive branch, in the hands of a madman, the FBI, DOE, EPA, etc. etc. etc. And you thought it couldn’t happen here.”
4. Adam White of the Hoover Institute tweeted, “When a single judge’s retirement turns the entire political world on its ear, we ought to consider that perhaps the Supreme Court has claimed too much power in our republic.”
No, we ought to consider why our education system, including college, leaves our citizens so stunningly ignorant about history and the U.S. Supreme Court. No single replacement on the Court has ever had the kind of momentous national impact the hysterics are predicting. Justices evolve and change, often to counter realignments caused by retirements and new members.
5. Worst of the worst. I need a special entry for CNN legal analyst Jeffrey Toobin. He is consistently partisan, biased and dishonest in his analysis, and I have been remiss in not flagging his act before. Yesterday, he was deliberately trying to panic the Left, especially women and the LGBTQ community.He predicted that Kennedy leaving the Court meant that Roe v. Wade was doomed. Do you know how often a 50 year-old SCOTUS decision on a major social issue has been reversed? It literally doesn’t happen. The doctrine of stare decisis compels the Supreme Court to respect the rulings of the past Courts, unless one of them is clearly wrong, meaning a 9-0 vote (as in Brown v. Bd. of Education) or close to it. Toobin knows this. He is lying and fear-mongering to help the Democrats energize their base. In his rush to mislead, Toobin also said, at one point, that the Court would make abortion “illegal.” It can’t make abortion illegal, and again, he knows this.
6. Chuck, Chuck, Chuck.…Senate Minority Leader Charles E. Schumer said in the Senate, “Our Republican colleagues in the Senate should follow the rule they set in 2016: not to consider a Supreme Court justice in an election year…Anything but that would be the absolute height of hypocrisy. ” This was pure deceit, and even the Washington Post caught it:
But here’s the rub: the Republican position, whether you disagreed with it or not, clearly was based on the fact that it was a presidential election year. Here’s Senate Majority Leader Mitch McConnell on ABC’s “This Week” on March 20, 2016:
“The American people are in the middle of choosing who the next president is going to be. And that next president ought to have this appointment, which will affect the Supreme Court, for probably a quarter of a century.”
Note the reference to the presidential election — not just any election.
7. And, of course...we are being bombarded by the increasingly popular form of fake news I call “future news,” like this, from NBC: “Kennedy’s retirement could mean new attack on legal abortion.”
Or, of course, it might not, especially since we don’t know who’s replacing him yet. But why wait for the news, when you can panic people over what might happen?