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The Supreme Court and the Resulting Squabbles

So far as we can tell from the initial news reports, President Donald Trump’s Supreme Court nominee Neil Gorsuch seems like our kind of guy. By all accounts, including those of The Washington Post and The New York Times and other unenthused media, federal appeals judge Gorsuch is a staunch originalist who insists on a plain sense reading of the Constitution and has a personal reputation that has thus far been unblemished by decades in public life, which is basically what we’re looking for in a Supreme Court Justice. We expect that the Democrats will come up with something, and that quite a fuss about it will ensue in the confirmation process, but at this point we are cautiously hopeful that he will take his seat on the court and do a fine job there.
It will be interesting to see what the Democrats will come up with. The initial reports from even the most unenthused media are for now scandal-free, they all acknowledge his very diplomatic stye of adjudicating and exquisitely careful use of the English language, and he’s a rather handsome and reasonable seeming fellow who doesn’t sport that creepy facial hair or menacing scowl that made President Reagan’s unconfirmed nominee Judge Robert Bork so easy to “bork.” The opposition will therefore probably focus on his staunch originalism and its crazy notions about interpreting the Constitution according to a plain sense of reading of its text, rather than finding some convoluted reason that the Constitution insists on whatever the left’s favored position of the moment might be, but after the last election they’re hard pressed to make the argument.
For longer than Gorsuch has been in public life we’ve tried to reassure our liberal friends that a truly conservative Supreme Court Justice should not trouble them, as he is by definition committed to upholding both the letter and spirt of a radically liberal Constitution. We like to cite the example of the great Justice Hugo Black, the former Ku Klux Klan bigwig appointed by President Franklin Roosevelt to appease the substantial southern redneck portion of the New Deal Coalition, who went on to be one of the heroes of the Supreme Court’s 1950’s civil rights revolution. In our teenaged years we worked at the Supreme Court with some savvy veteran black messengers who had daily dealings with Black and assured us he never did get over his Klan days when it came to dealing with black people, but the old cracker’s hidebound adherence to a plain sense reading of the 14th amendment compelled to him vote with the Warren Court on most of the big civil rights, even if he did think that America did a damned fool thing in ratifying it, and to write that common sense concurring opinion to Brown v. Topeka Board of Education that is so much more convincing than the wimpy social-science majority opinion.
A truly conservative Supreme Court would uphold the right of a citizens group to air an anti-Hillary Clinton movie even it did get some money from the evil Koch Brothers, as the Supreme Court did in the still hotly-debated Citizens United Case, but by now it would also let Lenny Bruce or any other foul-mouthed comedian, no matter how Democratic, get away with it, so for now we cautiously entrust the First Amendment to the Republicans. The Republicans are at least as staunch on the Second Amendment as on the First, which will surely enrage the Democrats further, but they’ve lately been losing in the courts on that and will have a harder time in the court of gun-owning public opinion> For the past 40 years or so the right has been skeptical about those penumbras and legalistic whatnots that yielded a constitutional right to abortion, which enrages the Democrats further yet, but a truly conservative Supreme Court would overturn a fundamental right to abortion without asserting a fetal right to life and send it all back to the states where such measures were once decided, and if the Democrats really have a winning issue it would work out to their benefit, and although there would be a lot of fuss involved it’s not as if Roe v. Wade ever ended the issue. A truly conservative Supreme Court wouldn’t impose a liberal agenda by judicial fiat, but it wouldn’t stop the people from doing such foolish things through the constitutional process.
By the end of it the Democrats will probably be opposing Gorsuch simply because he’s Trump’s nominee, and we have to admit that’s somewhat compelling. We don’t trust Trump any further than we would toss his fat orange ass, as the local saying goes, but we always figured that he could never back out of those promises he made regarding the Supreme Court. The most persuasive argument Trump’s campaign offered to reluctant Republicans was that his Supreme Court nominees would at least be better than what Democratic rival Hillary Clinton would offer, which was pretty much indisputable, and we figured he was savvy to realize that although he could indeed shoot someone on Fifth Avenue and not lose any supporters that betraying the Supreme Court promise would have been politically disastrous. For all our misgivings about Trump we like the pick based on what we know so far, and cautiously hope Gorsuch will go on to overturn that awful Kelo decision that Trump once tried to use to evict an elderly widow and draw a line on executive actions by either party’s president and otherwise uphold our radically liberal Constitution according to truly conservative principles.

— Bud Norman

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One response

  1. Here’s to the classically liberal New Middle. Conservative justices seem to be the only part of the Burkean conservative movement to thus far retain its integrity in spite of Trumpism. Cue the white nationalists to start pushing their counterpart of the “living document” theory.

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