Encore of Revival: America, September 21, 2020

Justice Ginsburg is dead at 87, God rest her soul. Her life’s work is well documented in the litany of eulogies from this past weekend. This article will not attempt to add to them.

Whenever a seat opens on the Supreme Court, the nation enters the same debate with the same platitudes. Depending on who is and is not in control of the White House and the Senate, different people argue different platitudes. In 1992, then Senator Joe Biden argued what is today called the “Biden Rule”, that supreme justices should not be appointed during an election season. Republicans didn’t agree. Then President George HW Bush appointed a justice anyway, along with many other federal judges. The Democrat-controlled Senate, and the Judiciary Committee chaired by Biden, refused to even hold hearings on HW Bush appointees. But, their refusal was not limited to the 1992 election year; Biden applied his “Biden Rule” in 1991.

Then, in 2016, Biden opposed Republicans following the “Biden Rule”. He wanted Obama to appoint a justice for the Republican Senate to approve. Suddenly, Republicans agreed with the “Biden Rule” and Biden did not.

Now, a Republican president can appoint a justice for a Republican Senate to approve; but some Republican Senators think they should follow Biden’s rule. Democrats would never follow Biden’s rule if they had the White House and the Senate; we only expect this from Republicans.

Let’s cut with the platitudes and pretentious precedents already. Politicians choose judges because they can. Just how the court always rules in favor of the court—on every case, making whichever ruling reasserts the power of the court—the Senate always votes in favor of the Senate and the White House always acts in favor of the White House.

As with HW Bush and Obama, President Trump will appoint a new justice. The Senate will drag its feet, pretend to serve the will of the people, and play other games to remind Washington that the Senate has power to approve court nominees.

While branches of government put their power on exhibition, the Far Left is resorting to chaos and lawlessness as its display of power. That will only embolden the Right to vote in more Republicans, who will be all too glad to give Trump and his successors the very power he hasn’t used, which the Left nonetheless fears he will. Having been nominated for the Nobel Peace Prize as the first president in 39 years not to involve America in the very new wars the Left criticizes the Right for, their case against Trump no longer holds water.

If, by some miracle, Republicans lose the election, they will approve Trump’s nominee anyway. They’ll have to. Notwithstanding that nominee vetting often takes 70 days, the Senate will likely find an excuse to wait until after the election. It’s not so much about politics and election strategy as it is about asserting power by delaying power to expand power. Expect a Republican-appointed justice by December, no matter what political smoke blows in the meanwhile. God rest her soul, Ginsburg is dead; so is Roe v Wade.

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Encore of Revival: America, July 6, 2020

Happy Independence! Americans celebrated their declaration almost 250 years ago on Saturday. The country has coexisted with unseen freedoms in many ways and unheard deafness to its own oppression in others. It serves as a reminder that we live in a Republic only as long as we keep it. It’s not the job of presidents nor judges nor legislators to preserve our freedoms for us.

Chief Justice Roberts made a decision that baffled some, but not those who remember his deciding vote on Obamacare. Arguably, having voted to keep Obamacare on the books was the bail of hay that broke the camel’s back and elected Trump. Now, this election mover has stirred the electorate once again toward a choice that will move us closer to the inevitable reversal of Roe v. Wade.

As we approach “election solstice”, the Left puts out every argument it can drum up to oppose Trump. It seems overdone for a group that claims to believe they will win November. And, they ignore deeper matters that move Trump votes.

Much more is at stake other than abortion. China is taking over with a force to eclipse Japan’s expansion in the 1940s. No one was willing to not capitulate to China except Trump. If he were not re-elected, we might have no discussion on civil rights because the Chinese would be killing everyone in America who is not Han.

But then, America’s military is spread too thin and neither Republican nor Democratic president has worked to reduce our expanding global presence, none except Trump. There’s also the matter of manufacturing and closing the border to China over a virus when Democrats wanted to keep it open.

While our nation is in no position to decide an election on the social issues when basic needs are at stake, we are thankfully forced to address our neglected past. Intolerance over the atrocities of racism won’t shift the election because those lines have already been drawn. By not being distracted with yet another failed political solution to racial healing, we the People will actually have to deal with the wounds of racism ourselves. Maybe something will finally get done.

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Encore of Revival: America, May 20, 2019

The Supreme Court always sides with the courts retaining their power. Justice Kavanaugh’s recent ruling with the Liberal side of the court was not any attempt to appeal to the Left. It demonstrates his knowledge of the tech world of developers and his belief that judges should be able to judge. The remaining Conservative justices on the Court sided with precedent, not with business reality. The Liberals on the Court simply ruled against business and monopoly with their activist ideals. Kavanaugh was the only justice who ruled objectively, notwithstanding that courts always rule in favor of the courts retaining their power to rule.

The Mueller investigation certainly served its double purpose. Communists in both the Democratic base and in the Chinese government held on to a delusional hope that Trump was weak. That kept them distracted and foolish long enough for them to ensnare themselves. China overreached, providing a great “election enemy”, and the Leftist machine overreached, possibly incriminating themselves.

Some states turned Democratic in the recent midterm. But, things look like they’re turning around for a gargantuan victory for Republicans nation-wide. Republican states are passing anti-abortion legislation that could lead to the long-waited reversal of Roe v Wade.

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