POTUS, SCOTUS, and the Rule of Law

So tonight we’ll know who Trump’s second pick for the Supreme Court is. There is a list of twenty-five names if you’ve been comatose, and four of those are considered front-runners. They are Raymond Kethledge, Brett Kavanaugh, Thomas Hardiman, and Amy Coney Barrett. I’ve read a certain amount about each of them, and while my sentimental pick is Amy Coney Barrett, I don’t really care. They are, each and every one, an outstanding choice. None are really conservative, or liberal, all are originalist and textualist, which is as it should be.

Paul Mirengoff over at PowerLine says that Senate Majority Leader Mitch McConnell has said that two of them have fewer obvious problems in confirmation, and therefore he suggests either Kethledge or Hardiman. That is a valid opinion, it’s going to be a very noisy confirmation, and it would be very good to get it done by election day, and optimally by the Court’s next term, so what he thinks would be easier for him to ramrod through the Senate matters. It’s not the only consideration, but it is an important one, and with a field so bursting with talent, it matters.

McConnell reportedly believes that Barrett might encounter resistance from Sens. Susan Collins and Lisa Murkowski because she is an outspoken social conservative who some observers believe may be more amenable than others on the short list to overturning Roe v. Wade.

Kavanaugh might present different challenges. His role in the George W. Bush administration and in the Ken Starr investigation has generated millions of pages of documents. Senate Democrats would demand to see every one them. This could stall the nomination, making it impossible to confirm Kavanaugh before the Supreme Court begins its next term and maybe before the mid-term elections.

So we’ll find out who the President wants tonight. We can already see what the left will bring to the battle: emotion and prejudice. Neither are valid. What is at stake here is the Republic, and the rule of law and all four of these eminent jurists have their heads on pretty straight.

Steve Chapman in Reason spoke to this point back in 2008.

One of the axioms of American democracy is that we are a government of laws, not of men. We are supposed to follow the requirements of our Constitution and statutes even when they yield results we don’t like—say, freeing a person who appears guilty.

In this format, it actually goes back to John Adams in the 1780 Massachusetts Constitution, but in reality, it is enshrined in Magna Charta, and in King Alfred the Great’s charter. It is one of the main reasons why the United States and (so far) the United Kingdom have remained free and built the modern world.

It’s a lovely feeling, isn’t it, to know that while careers are at stake, we can trust the president to make an excellent choice?

In a related thought, as I was listening to the anguish last night from Britain at the way HMG is attempting to sell out Brexit over the heads of the people (more perhaps later in the week on this) it struck me, as it often does, how lucky we are to have President Trump, untoward Tweets and all. We have a president who understands how to negotiate, how to take the people into his confidence, and other things. But above all, we have a President who puts country before party. Who is quite obviously an American patriot, who puts America first, and after the Obama regime, it is so very refreshing. I hope (and pray) the British can find someone to put Britain First.

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22 Responses to POTUS, SCOTUS, and the Rule of Law

  1. the unit says:

    Glad you’ve looked closely at these most likely 4. And even the whole list, ’cause Trump may surprise yet. I’ve not done so and take your opinion on them.
    Too bad he can’t appoint all four. Shred four old ones, worn slick by liberalism. 🙂

    Liked by 2 people

    • NEO says:

      I can’t say I looked all that closely, but I skimmed a bit. I’d like that myself, hate how political the courts have become. 🙂

      Liked by 2 people

      • the unit says:

        I guess get’em one at a time. There’s one in the pic there that’s way past being recapped. 🙂

        Liked by 1 person

        • NEO says:

          Yeah, the belts are broken on that one. 🙂

          Liked by 1 person

  2. Nicholas says:

    Here’s hoping you get a swift confirmation before the mid-terms set on.

    Liked by 2 people

    • NEO says:

      Indeed, it would be well to do so.

      In other matters, I see BoJo has now resigned as well, and the calls for JRM have started. If he can lead, now is the time. The Tories have enough problems that he might pull it off.

      Liked by 1 person

      • Nicholas says:

        Yes, we desperately need the party to reform under him; otherwise, we’re toast. I just don’t see UKIP or the Libertarian Party having real prospects in a general election, and we can’t get one anyway now unless two thirds of the House of Commons consents because we now have fixed term Parliaments – i.e. the monarch cannot dissolve Parliament at will anymore.

        Liked by 1 person

        • NEO says:

          UKIP membership is growing quickly, but not quickly enough, as near as I can tell. A dissolution looks possible, but not likely, so yes, this is his opportunity. And with an actual conservative party there is little reason that they and UKIP couldn’t work together, along with the DUP, which has been your savior several times.

          Liked by 1 person

        • Nicholas says:

          UKIP also seems somewhat non-committal about other policies, perhaps so they can attract both Labour and Tory voters.

          Liked by 1 person

        • NEO says:

          They have, I am told, a very good manifesto. You might want to get hold of a copy.

          Liked by 1 person

  3. the unit says:

    I do try to pay attention.
    Been remod-dingaling my sit down space where I read NEO and a few others on laptop.
    Hung my pic, whitch I mounted and framed quite a few years ago from BC on the wall over computer…”Whatcha Doin’ Today?”
    Code I live by. 🙂
    https://letvent.com/2013/04/30/cartoons-about-maturing-2/
    🙂 Just kidding about not giving a poot.

    Liked by 1 person

    • NEO says:

      Good stuff! 🙂

      Like

  4. Scoop says:

    Right on, right on, right on, as Rush would say.

    I’m with you. Any originalist will do just fine. And as stated before we best get busy reforming our Law Schools so that in the future we can still pick from a list that have originalists on it.

    Liked by 2 people

    • NEO says:

      Yes sir!

      Liked by 2 people

    • the unit says:

      Well, we’ll wait and see, again, huh? As I nodding off like “Bubbie”. 🙂

      Liked by 2 people

      • Scoop says:

        I’m about ready for my afternoon nap myself. Looks like my old redbone coonhound has already beat me to it. 🙂

        Liked by 2 people

        • the unit says:

          Me just woke up…and still nodding. 🙂

          Liked by 2 people

        • Scoop says:

          Now I just woke up but dog is still snoring away. 🙂

          Liked by 2 people

        • the unit says:

          I’d of slept longer myself, except my coon dog jowls draped over my bad knee was slobbering and wetting the mattress. Affear’d slobber rusted springs might invalidate Sleep # warranty. 🙂

          Liked by 2 people

        • Scoop says:

          I can relate to that. 🙂

          Liked by 2 people

        • the unit says:

          Just kidding again. Can’t rust croaker sacks filled with more croaker sacks supported by 3/4 inch 4×8 plywood. And that’s on a bed frame too, not on the floor like some deplorable would. When I need more support in a certain place, I just move the croakers around. 🙂

          Liked by 2 people

  5. Reblogged this on Boudica2015.

    Like

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