Posts Tagged ‘Anthony Kennedy’

LinkSwarm for June 29, 2018

Friday, June 29th, 2018

Half the year gone! And so far, those of you who declared “Surely Democrats can’t keep up this level of lunacy” are losing your bets…

  • How Democrats’ said lunacy will backfire on them:

    Democrats should also understand that these public tantrums and other slights are simply bad politics. Voters don’t respond well to angry chanting losers harassing people, or to vulgar celebrities, or to threats verging on intimidation and violence. There is nothing inspirational about it, and it makes the targets of the anger look that much more reasonable. If Democrats think this crazed behavior will generate a “blue wave” in November, they are mistaken.

  • Why Democrats are freaking out over Justice Anthony Kennedy’s retirement:

    How did we get here? Two tracks converged to deliver us this dysfunction. The first is narrowly political. The Democrats, confident that they were on the right side of history, thought there was no harm in accelerating the rush to total victory. For years, Democrats practiced the rule that all is fair in judicial-confirmation battles, starting with the war on Judge Robert Bork in 1987. Then, under the leadership of Barack Obama and then–Senate majority leader Harry Reid, they did away with the filibuster on judicial appointments short of the Supreme Court, opening the door for Republicans to nudge it slightly more wide open.

    The second track is longer. Starting over a century ago, progressives began emphasizing ends over means. If the Supreme Court could deliver wins unattainable at the ballot box and unsupported by the Constitution, so be it. Thus was born the “living Constitution” — the doctrine that holds that the magical parchment should mean whatever progressives need it to mean at any moment. This was how Anthony Kennedy became an (apparently temporary) gay-rights hero. After consulting his feelings, he found a constitutional right no one had found in the text before.

    This idea that the Supreme Court is there to serve as a Praetorian Guard around progressive policies was on full display this week. Prior to Kennedy’s retirement announcement, the court issued a 5–4 ruling in Janus v. AFSCME, which held that public-sector unions can’t compel nonunion members to pay fees for union representation, thus violating the First Amendment.

    Justice Elena Kagan caustically disagreed. For her, the problem with the decision was that “public employee unions will lose a secure source of financial support.”

    “The First Amendment was meant for better things,” Kagan concluded in her dissent. “It was meant not to undermine but to protect democratic governance — including over the role of public-sector unions.”

    In short: The Supreme Court isn’t there to protect the meaning of the First Amendment; the Supreme Court is there to protect a secure source of financial support for public-sector unions. If the First Amendment gets in the way, that’s okay.

    The panic unfolding across the progressive landscape stems from the creeping fear that the Supreme Court might start doing its job — and not the job progressives have assigned it.

  • Hugh Hewett: “Turns out ‘But Gorsuch’ was a good argument after all.”

    What will the #NeverTrump coalition in the Beltway (with an annex in New York) say now?

    For a while, before tax cuts and regulatory reform boosted the economy, before defense spending increased, before Jerusalem was recognized as Israel’s capital, and before a “maximum pressure” campaign led to a detente with North Korea, #NeverTrumpers were fond of mockingly summarizing Trump supporters’ arguments as “But Gorsuch.”

    This bit of childish taunting always struck me as an unknowing admission of ignorance about the role assumed by the Supreme Court in modern American governance. Even when 21 appeals court judges took their seats — orchestrated by Senate Majority Leader Mitch McConnell and his Republican colleagues — still the one-note pundits played on, only louder: President Trump was so awful and evil, and conservatives who supported him had done so for one lousy seat on the Supreme Court.

    The implication from all the noise and a thousands posts was that “Gorsuch” wasn’t worth it. Now, after Justice Neil M. Gorsuch’s first year on the court, it will be impossible to overstate what his confirmation has meant.

  • Anthony Kennedy as moderate conservative pragmatist:

    While Justice Kennedy was usually a moderate conservative, there were areas of the law in which Justice Kennedy was not particularly moderate and others in which he was not particularly conservative. Particularly in areas touching on the freedom of speech and personal liberty, Justice Kennedy would swing for the fences. Justice Kennedy was easily the most speech-protective Justice on what was a quite speech-protective Court. Whether the speech at issue concerned political campaigns or product pricing, “offensive” messages or dishonest claims about military service, Justice Kennedy believed in uncompromising First Amendment protection. By some accounts it was Justice Kennedy who pushed the Court (and a reluctant Chief Justice) to invalidate the McCain-Feingold campaign finance law, and this would be entirely consistent with what we saw in his First Amendment opinions.

    Speech was not the only freedom that mattered to Justice Kennedy. He had a deep concern for Due Process, as shown in his embrace of habeas rights for alleged enemy combatants, his concerns about the application of capital punishment to some classes of criminal defendants, and his embrace of constitutional limits on punitive damages. He also, perhaps most famously, believed that due regard for individual liberty barred the government from adopting laws prohibiting or disregarding same-sex relationships, as in Lawrence, Romer, Windsor, and Obergefell. In these areas, there was nothing modest, moderate, or minimalist about Justice Kennedy’s views or the doctrinal rules he would embrace.

    Given the makeup of the Roberts Court, as went Justice Kennedy, so went the Court. Where Kennedy was a moderate conservative favoring a minimalist approach, the Roberts court would tend to adopt a moderate conservative opinion. Where Justice Kennedy favored a more muscular approach, on the other hand, there were almost always at least four votes to go along. (NFIB v. Sebelius being a notable exception.) If Justice Kennedy wanted to recognize same-sex marriage or preclude the use of the death penalty for those convicted of non-lethal crimes, the liberals would agree. If Justice Kennedy wanted to protect campaign-related or commercial speech, the conservatives were there. so the Roberts Court was generally as conservative and as moderate as Justice Kennedy wanted to be.

    (Hat tip: The Other McCain.)

  • Kurt Schlichter on the insanity gripping the Democratic Party:

    There’s no sign of sanity. This week they turned the hate up to “11,” then cranked it to “17.” There are not many places to go once you reach “You are real live Nazis murdering children by not letting aspiring Democrat voters flow into the country at will!” At some point, instead of a few wild-eyed randos with crummy aim trying to off libs’ political/cultural opponents, they are going to start collectively going to go for the throat.

    Our collective throat. Which I do not anticipate us Normals responding to in a huggy, loving kind of way.

    Snip.

    We’re already seeing it play out. The mainstream media quit even pretending to be honest – it’s in full scale fib mode. Look at the Time magazine cover of the little girl whose scumbag mom dragged her across the desert to help her break our laws (apparently without daddy’s permission and not for the first time). That Time cover is a lie, but it’s no surprise. The only surprise is that Time magazine is still a thing.

    In fact, the whole manufactured outrage over Democrat-preferred criminals being treated like every other criminal was a lie. And the media not only doesn’t care but actively and consciously supports lying to you to support its liberal allies. But no one cares anymore. They can lie and lie and lie, and do, and we just smile and buy more guns and ammo.

    So the leftists attempt to intimidate us into submission, showing up at people’s houses and screaming at them in restaurants. Take that, Sarah! The idea is since the leftists can’t convince Normals with the power of their ideas – because leftists’ ideas inevitably involve Normals ceding more of their rights and money to leftists – the left wants to make submission and obedience the price for being able to participate in the culture. But what’s inevitable is that us newly militant Normals, whose power is political rather than cultural, are going to respond pursuant to the New Rules and demand that leftists bake us a cake.

  • The craziness among Democrats can be explained by the behavior of cultists after a prophecy fails: the moderates, the ones who were the biggest brake on untrammeled lunacy, are the ones out the door first.

    The more lukewarm Democrats are either keeping their mouths shut or are disappearing from the Party. The ones who remain are the ones who are more committed (translation: barking mad moonbats) who are the ones we hear talking about impeachment, banishing Trump supporters from the public square, protesting at Republican’s houses, etc.

    It also explains why Democratic Party big wigs are losing primary challenges to candidates of the more barking mad persuasion (e.g. Joe Crowley, one of the biggest of the Democratic House big wigs who lost to someone who can only be described as a commie).

  • Speaking of which, the House’s fourth-ranking Democrat just got knocked off by a woman who wants to abolish ICE. “The objection of the hard Left is not to the current style or kind of immigration enforcement; their objection is to the existence of immigration enforcement.”
  • Mega Turbo Democrat Dumbass: “I’m going to find the Congressman’s kids and kill them. If you’re going to separate kids at the border, I’m going to kill his kids. Don’t try to find me because you won’t.” Yeah, that last bit turned out to not be the case: The FBI arrested him within hours.
  • “Janus Ruling Could Cost Unions Hundreds of Millions.” (Hat tip: Director Blue.)
  • “In ruling on bullet-stamping law, California Supreme Court says state laws cannot be invalidated on the grounds that complying with them is impossible.” Evidently liberals find this whole “reality” thing too much of a drag…
  • Keep in mind that a majority of Democrats don’t want to abolish ICE. (Hat tip: Ace of Spades HQ.)
  • In East Texas, more of that voter fraud Democrats claim doesn’t exist.
  • And also in South Texas. Bonus: Hidalgo County fraud, which we’ve previously covered.
  • Bonus: Judges orders redo of Democratic primary runoff due to voting fraud:

    A judge ordered a do-over of a contested Democratic primary runoff race in South Texas after invalidating the runoff results due to voter fraud. The runoff was decided by six votes.

    Ofelia “Ofie” Gutierrez contested the results of the May 22 Democratic primary runoff for Kleberg County Justice of the Peace Precinct 4 after losing to incumbent Esequiel “Cheque” De La Paz by a vote of 318 to 312.

    Gutierrez alleged that more than six illegal votes were counted, cast by people who didn’t reside within Precinct 4 and therefore weren’t eligible to vote in the election.

    On Tuesday, visiting Judge Joel Johnson threw out seven of the 16 ballots Gutierrez challenged in court. All seven were cast by voters related in some way to De La Paz.

  • “Head of prominent charity that campaigns against child abuse is arrested for ‘trying to arrange to rape multiple children as young as two.”
  • 200 Muslim migrants attempt to storm the Croatian border yelling “Allahu Akbar.”
  • Iran reopens uranium plant. (Hat tip: Stephen Green at Instapundit.)
  • Speaking of Iran, protests there continued for a sixth day following a currency collapse. “On Sunday, the rial plunged 15 percent to IRR 89,000 against the dollar on the black market. Since the U.S. withdrawal from the Iranian nuclear deal on May 8, the rial has lost more than 40 percent of its value.”
  • The dumbasses at the Austin City Council approved building a soccer stadium. Because subsidizing a popular sport just wasn’t insulting enough to taxpayers…
  • Were Houston police officers dosed with flyers laced with Fentanyl left on patrol car windshields? Followup: Lab tests say no.
  • What it’s like to service an SR-71. “Our last structural integrity review was in 1987, and it declared that the aircraft was about 180 percent stronger than the day it was made. The higher and faster you flew it, the stronger the titanium became.”
  • CNN’s ratings fall below those of the food network. (Hat tip: Ace.)
  • Black man being arrested for shoplifting calls police Nazis. So they charged him with a hate crime. All hate crime laws are stupid, but those that criminalize free speech are an order of magnitude stupider. (Hat tip: Instapundit.)
  • A Tweet with some numbers from the latest Harris poll:

  • A sample from the #WalkAway tag on Twitter:

  • Are eight AT&T buildings (including one in Dallas) hubs for NSA spying?
  • Multiculturalism Watch: Excavating the Aztec’s ceremonial skull rack, which the Spanish conquistadors estimated as holding 130,000 skulls from human sacrifices. “Gomoz Valdas found that about 75% of the skulls examined so far belonged to men, most between the ages of 20 and 35—prime warrior age. But 20% were women, and 5% belonged to children. Most victims seemed to be in relatively good health before they were sacrificed.”
  • Harlan Ellison, RIP.
  • NEWSFLASH: Justice Anthony Kennedy to Retire

    Wednesday, June 27th, 2018

    “Justice Anthony Kennedy announced Wednesday that he will retire from the Supreme Court, providing President Trump the opportunity to ensure a conservative majority on the Court.”

    Kennedy’s retirement date is July 31.

    Yet another reason to be thankful that Hillary Clinton isn’t President…