RUSH LIMBAUGH IS WRONG! The following article refutes the notion that The Destruction of Kavanaugh Is All About Trump
In my book Equal Justice for Victims p. 44 I wrote:
Like Dr. Martin Luther King Jr. I have a dream. My dream is that one day the United States will elect a president who dares to explain to the American people that on controversial questions the Supreme Court is a political and not a legal institution; and that justices practice their politics by pretending to interpret and apply the law and the Constitution.
In a nutshell this explains what is going on with the vicious and vile Leftist Democrat character assassination of Judge Brett Kavanaugh.
Political here does not refer to Republicans versus Democrats or to the desire of haters to stick it to President Trump. This article uses political to describe the struggle over who gets what when and how. In a self-governing republic the how consists of decisions by elected representatives. The Kavanaugh fight is really a fight between those who believe in the Framers Republic and those who want to destroy that Republic.
To paraphrase the late great Justice Antonin Scalia he frequently admonished political combatants: If you want policies not mandated or prohibited by the United States Constitution dont ask judges to impose what you want but instead persuade your fellow citizens. However what are todays Leftists to do if they cant persuade their fellow citizens to buy their nostrums? What if these Leftists are like the Communists once described by Justice William O. Douglas as miserable merchants of unwanted ideas they cannot sell?
In Equal Justice for Victims p. 214 I explained why death penalty opponents unable to convert the majority of voters consistently supporting capital punishment repeatedly run to the Supreme Court to get their way: unaccountable judges are the last best hope of democracys losers. Again: Federal judges and especially United States Supreme Court Justices are: The Last Best Hope of Constitutional Democracys Losers."
Once upon a time a very old Justice Oliver Wendell Holmes Jr. famously stated:
About 75 years ago I learned that I was not God. And so when the people ... want to do something I cant find anything in the Constitution expressly forbidding them to do I say whether I like it or not Goddamit let em do it.
Judge Kavanaugh has been subjected to what Senate Majority Leader Mitch McConnell called (404) a despicable" Democrat smear campaign because todays miserable merchants of unwanted ideas" are terrified that Kavanaugh is honest and will be faithful to the Constitution they have abhorred dating back to Woodrow Wilson. That these miserable merchants" despise the Constitution and all who faithfully apply it has been abundantly demonstrated by the refusal of the Left to accept the Constitutionally mandated result of the 2016 election. Leftists prefer justices such as Ruth Bader Ginsburg who not long ago expressed disdain for the very Constitution she took not one but two oaths to apply faithfully (Equal Justice for Victims p. 196). (Unlike in the days of my youth today Leftist" and Democrat" are synonyms.)
Justice Scalia complained repeatedly about what has been described as the Constitutionalization of political issues by judges who abridge the peoples right to govern themselves by removing these issues from the realm of political debate and legislative action without a shred of Constitutional justification. As Scalia powerfully explained:
The virtue of a democratic system with a First Amendment is that it readily enables the people over time to be persuaded that what they took for granted is not so and to change their laws accordingly. That system is destroyed if the smug assurances of each age are removed from the democratic process and written into the Constitution. So to counterbalance the Courts criticism of our ancestors let me say a word in their praise: They left us free to change. The same cannot be said of this most illiberal Court.