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For Kavanaugh, Because Why Not?

President Donald Trump has nominated federal appellate judge Brett Kavanaugh to replace retiring Justice Anthony Kennedy on the Supreme Court, which is a quite fine pick as far we’re concerned. That’s just our opinion, though, and we expect the rest of the country’s hearted arguments about it will last long after his inevitable confirmation.
Anyone that Trump or even a more normal Republican president might have nominated would have met outraged opposition from the left, of course, but in these strange days a certain portion of the right is also disappointed by the choice. Kavanaugh has a long record on the federal bench of deciding cases based on the objective facts and the most plain reading of the constitution that conservatives such as ourselves have always insisted on, but he only got the chance because he appointed to the federal bench by Republican President George W. Bush after exemplary service in the Bush Justice Department, and these days that certain majority portion of the Republican right has as much disdain for the Republican party prior to Trump that they have for the Democratic left.
There were reportedly even more provocative potential Supreme Court nominees among the semi-finalists and finalists in the reality-show roll-out of Kavanaugh’s appointment, but the left will surely still muster its full outrage about the appointment. The left has good reason to fear the Roe v. Wade decision legalizing will be overturned, the Obergefell v. Hodges decision legalizing same-sex marriage will be undermined by conscience exemptions for Christian baker and wedding photographers, and that the District of Columbia v. Heller decision affirming an individual’s right to keep and bear arms will be bolstered, and that Citizens United and Gore v. Bush and all the other decisions that so outraged leftist sensibilities will never be overturned.
None of which bothers us much. We rather like that Kavanaugh has a Bush pedigree, as we much preferred that era of the Republican party, and even the most “burn it down” sort of conservatives have to admit that any Supreme Court appointee  with any credible credentials that Trump might choose got his or her shot because of that hated pre-Trump Republican establishment. As for all those complaints from the left, we’d offer the same rebuttals on behalf of Trump’s nominee as we would for any old nominee any old Republican president might have picked.
Harvard’s notoriously contrarian Law Professor Alan Dershowitz hA lately a Trump apologist about the “Russia thing” but is now alarmed that the Supreme Court will find a constitutional right to life at the moment of conception and thus ban all abortions, as that is indeed the logical conclusion of right-to-life absolutism, and although much of the left is sounding the same alarms we think it’s overwrought. The far more likely outcome is that the Supreme Court will overturn Roe v. Wade, and thus return America to the day before’s law that each of the 50 states could regulate abortion as they chose, and although that that promises and insufferable debate and poses a damned complicated moral issue it’s a clear-cut political victory for the left.
The occasional same-sex marriage will likely continue to happen even with Kavanaugh on the Supreme Court, and with Kavanaugh on the Supreme Court ourt it will be more likely that the occasional bakers and photographers and others will decline to participate, but in both cases we can live with that. We somehow have a rather fancy handgun hidden somewhere in our home, and our plain reading of the Second Amemdment’s not-all-clear language assures us we have every right to do so, but our liberal friends can be reassured we have no intention to shoot them. As far as our ink-stained First Amendment sensibilities are concerned the Citizens United case was about the government’ attempts at prior restraint of a documentary critical of that awful Hillary Clinton woman, and even if there was corporate money involved we thought it a sound decision. That Gore v. Bush decision seemed sound to us at the time and still does, no matter how the current Republican party might hate anything with the word “Bush” in it, but by now even our most bitter liberal friends are largely over it and even pining for the good of days of Bush.
Long before Trump signed on with the Republican party we’d assured our liberal friends that a strict adherence to the Constitution doesn’t threaten liberal values, as the Constitution is still, even by modern standards, a radically liberal document. We like to to point the example of Justice Hugo Black, the ex-Ku Klux Klan leader that iconic Democratic President Franklin Roosevelt appointed in order to appease the white southern racists who were then a key component of the Democratic coalition, and who went on to be a hero of the Supreme Court’s civil rights revolution because yeah, that 14th amendment’s plain language made clear that even separate-but-equal discrimination wasn’t constitutionally permissible, even if the unrepentant racist still thought that it was a damned fool idea.
Even so, we don’t trust anybody these days. We note that Kavanaugh was first appointed by a Bush, and was long opposed by the left, and is now likely elevated to the Supreme Court by the newly reconfigured Trump Republican party, and we have to admit that until the last few days we’d never heard of Brett Kavanaugh. On the whole, though, we’ll pays our money and takes our chances on the guy.
Maybe it’s the impressive Ivy League academic records or the prestigious Bush-era appointments or the impeccable streak of rulings based on the the facts and the law, but Kavanaugh strikes us as the kind of guy who’d be reluctant to overturn that long-ago United States v. Nixon decision that compelled a president to cooperate with a investigation into his various alleged wrongdoings. During his acceptance speech on live television Kavanaugh had some embarrassingly fulsome praise for Trump’a deep and abiding respect for the judiciary — even prior highly-praised-by-the-right appointment Justice Neil Gorsuch admitted he was embarrassed by Trump’s frequent “tweeted” attacks on the judiciary — but once he no longer has to go along to get along we hold out hope a Justice Kavanaugh will confront Trump’s inevitable upcoming legal battles strictly according to the facts and a plain reading of the Constitution.

— Bud Norman

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Masterpiece Cakeshop v. Modernity

The Supreme Court of the United States has ruled that a Colorado man named Jack Phillips does not have to bake a cake for a same-sex wedding. Justice Anthony Kennedy’s seven-to-two majority decision is so carefully and narrowly worded that it’s not entirely clear if everyone else is similarly at liberty, but we’ll chalk it up as a win for religious freedom and freedom in general.
Although Phillips’ does not routinely refuse the services of his Masterpiece Cakeshop to homosexual customers, he did politely decline a homosexual couple’s request for a wedding cake because of his Christian belief that marriage is a union of one man and one woman. Until recently that definition of marriage had been largely unquestioned in western civilization for more than two millennia, and until a relative blink of an eye ago even the likes of President Barack Obama had the same opinion, even now there are still a very large number of people who hold that view, and a fair-minded observer would admit that the social consequences of such changes being so hard to predict there’s still a chance it will ultimately prove wise.
Even if Phillips is wrong, we figure that’s his right. If the Colorado Human Rights Commission can compel him to bake a cake in violation of his religious beliefs, we shudder to think what else an American citizen might be compelled to do. In his decision Kennedy rightly noted that the CHRC seemed to regard the past two millennia of mainstream Christian belief as rank bigotry akin to the Ku Klux Klan’s racist terrorism, and rightly regarded that as an obvious assault on religious freedom, but in doing so he left open the possibility that other human rights commissions could persecute other traditionalists if they do so more politely. Modernity’s assault on the Judeo-Christian foundations of western civilization will surely continue, but for now only two members of the Supreme Court are on record saying that a Christian baker has to bake a gay wedding cake.
That homosexual couple has a right to get married, according to a Supreme Court decision penned by the same Kennedy, and it naturally follows they have a right to buy a cake to celebrate the occasion, but we don’t see why they have any right to force Phillips to bake it. They live in a populous part of Colorado that surely has plenty of bakeries happy to accept their business, and they seem to have turned Phillips into the CHRC in order to punish him for his beliefs and lifestyle, and the CHRC sure did seem to intent on criminalizing those still widely-held beliefs and that common lifestyle. We wish that homosexual couple a happy marriage, but we expect that in the long run they’ll be better off if the government doesn’t get back in the messy business of punishing unfashionable beliefs and alternative lifestyles.
There’s a nutcase cult up in Topeka’s that’s notorious for anti-homosexual protests at funerals and other private occasions, and if they ask some homosexual baker in that town full of desperate-for-business bakers to decorate a cake with their infamous “God Hates Fags” slogan we think that baker has every right to decline the offer. For now the culture wouldn’t tolerate it, and the forces of modernity have even dragged a Christian baker before the Supreme Court and found two Justices who would compel the poor fellow to a bake a cake, but not so long ago in our lifetimes even the New York City cops were raiding gay bars and the consensus of the American Psychiatric Association was that homosexuality was a mental illness. These things can change in the relative blink of an eye, we’ve noticed, and at this point we think it best that tolerance prevails.
We have a lot of Christian and quite a few homosexual friends here in Wichita, and naturally there’s some overlapping on the Venn diagram of our social circle, and of course they all have their own particular opinions about all of this. Happily, they all somehow coexist. Most of our Christians friends have jobs that don’t involve same-sex marriages, and if they did many of them probably decline the work, but none of them are waving any “God Hates Fags” signs at the few same-sex weddings around here and they try their best to be unfailingly polite to everyone they meet in the course of their jobs. Some of our homosexual friends are pretty outspoken about it, but even the most political of them have been bullied and wised-up and worn out enough they would much rather find another bakery rather than drag some pre-modern Christian neighbor all the way to the Supreme Court.
At this point we’re all living an alternative lifestyle,from somebody’s perspective,  and none of our beliefs can possibly keep up with the ever-sharpening blade of the cutting edge of bien pensant opinion, so we figure we’ll just go about business and hope that as usual most people do the same. We hope that Phillips fellow returns to a thriving business at his Masterpiece Bakeshop, and that the homosexual couple has a happy marriage and realizes how lucky they are everyone involved was able to go about their business.

–Bud Norman