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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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How Not to Win Friends and Influence People

Back when he started to woo evangelical Christian voters President Donald Trump liked to boast that the pastor at the Presbyterian Church he had attended as a child was Norman Vincent Peale, saying “You could listen to him all day long,” but it never seemed clear what lessons he had learned from the sermons. Peale was better known as the author of the famously best-selling self-help book “The Power of Positive Thinking,,” and it does seem clear from Trump’s recent battles with his own party’s congressional leadership that he learned all the wrong lessons from that tome.
Trump escalated his ongoing war of words with Senate majority leader Mitch McConnell and House Speaker Paul Ryan on Thursday with another series of “tweets.” He criticized both for rejecting his advice to attach a controversial debt ceiling increase to a popular Veterans’ Administration reform bill that recently passed with bipartisan support, claiming “Could have been so easy — now a mess!” A short time later he once again “tweeted” that McConnell was solely to blame for the Senate’s failure to pass an unpopular bill to repeal and replace the formerly unpopular Obamacare law. That came shortly after Trump had quite clearly criticized both Senators from Arizona in front of a raucous campaign rally crowd, even as he complimented himself for being so presidential as to not mention either man’s name, which followed several insulting “tweets” aimed at various other Republican congressmen who had criticized Trump’s response to the deadly violence that followed a white supremacist rally in Virginia.
No matter how much Trump positively thinks nones  of which seems likely to win him any new friends or influence anyone who isn’t already a die-hard supporter.
The idea that something as controversial as a debt ceiling increase could be easily snuck into a VA bill without anyone noticing, or everyone in both parties raising a fuss that would sink even such a popular and important piece of legislation, suggests to anyone at least vaguely familiar with the legislative process that the Senate majority leader and the House Speaker know a lot more about it than does the relatively neophyte president. McConnell does indeed bear much of the blame for the Republicans’ failure to get that unpopular health care reform bill passed, but there’s enough blame to spread around that fiasco that some of it surely falls on a Republican president who had run on a campaign promise that on the first day he’d repeal Obamacare and replace it with his beautiful but not very specific plan that would cover everyone and lower costs and it would be easy for your head will spin, and Trump would do well not to give his many critics another chance to mention that. Trump’s attempts to spread around the blame for the deadly violence that occurred at a white supremacist rally have not played well with the general public thus far, and he’d be wise not to drag that out any longer.
All of which seems to complicate some already darned complicated negotiations regarding that debt ceiling increase, along with a continuing spending resolution and various other matters that must be dealt with prior to some very hard deadlines looming in the near future in order to avert all sorts of political and economic disasters. Many congressional Republicans won their seats on the promise of ending the federal government’s endless borrowing and doing so without tax increases by drastically cutting spending, others ran on the same basic principles but with a begrudging acknowledgement that it would take some time and a lot of compromises on continuing spending resolutions and debt ceiling increases all the rest of that nonsense, and Trump exponentially complicates that internecine Republican complicatedness.
Trump became the Republican president with the usual Republican promises of low taxes and balanced budgets, but also some proudly anti-Republican promises of not touching the big entitlement programs that are driving the debt and adding at least a trillion dollars of infrastructure spending, as well as his assurances that he’d done enough big real estate deals that it would be easily achieved. We’ve never been in on any big real estate deals, but we’ve been watching how Congress works a lot longer than Trump seems to have done, so we’re skeptical that can keep all those promises and won’t further complicate things.
He added even more complications during that raucous rally in Phoenix, where he hinted he’d rather force a partial government shutdown than sign any continuing spending resolution that doesn’t include full funding for his campaign promise of a tall and formidable border wall stretching across the entire border with Mexico, which he now promises will also be translucent so you can see what those wily Mexicans are up to. During the campaign Trump routing led his die-hard supporters in a chant that Mexico will pay for the wall, as president he’s threatening that he’d cause a partial government shutdown and perhaps even a federal default if the Republican-led Congress doesn’t pay for it with taxpayer funds, and we can’t imagine of the Democratic minority wanting to help him out.
From our Republican perspective out here on the prairie it seems that Trump is less interested in averting political and economic catastrophes than in making sure he once again doesn’t get blamed for them by his most die-hard supporters. McConnell and Ryan and the rest of the Republican party are easy enough targets, we must admit, so there’s a certain self-interested reason for those insulting “tweets.” As pillars of the Republican establishment they’re already reviled by the entirety of the Democratic party, and they do indeed shoulder a share of the blame for the Grand Old Party’s recent failures to make good on the opportunity of its recent political dominance, and the talk radio talkers and most of their grassroots listeners have bitched and moaned out long enough that Trump got nominated and even more improbably elected on the promise to burn the down the establishment.
At the time we wondered how Trump’s mostly-reluctant 46 percent share of the popular presidential vote was going to prevail against the combined might of both the Democratic and Republican parties, as well as all the economic and civic and academic and religious institutions that comprise the much-maligned establishment, and thought that “burn it down” was a peculiar rallying cry for conservatism, and at this point we’re hoping that some semblance of the pragmatic Republicanism we always voted for will somehow prevail. At this point that means rooting for the likes of McConnell and Ryan and against Trump and his and ridiculous border wall idea, and hoping there are still enough sensible Democrats to join with averting the looming political and economic disasters, but so be it.
For all their failures both McConnell and Ryan still strike us as more serious men than Trump, and we’re heartened they don’t seem at all influenced by Trump’s “tweets.” Ryan did his best to ignore Trump’s “tweeting” on Thursday, and instead had an impressive “town hall” appearance at a Boeing factory in the Seattle area, where he made a clear case for the Boeing-friendly corporate tax reforms that both he and Trump are working for. Some of the questioners questioned Ryan’s support for de-funding the Export-Import Bank that Boeing has taken generous advantage of, and he gave a very detailed explanation about how other reforms he’s pursuing would leave the company just as well advantaged, and we can’t imagine Trump giving a better answer. One Boeing employee asked a rather frank question about how he was dealing with Trump’s latest public pronouncements, which she seemed to find troubling, and Ryan deftly replied “It’s a day-by-day deal,” adding “I am kind of joking.”
We can’t find any press reports of questions about Trump’s protectionist trade policies, which aren’t likely to benefit Boeing’s largely export-driven business, and although Ryan is far more a traditional Republican free-trader than we suspect they were both glad of that. At this point we’re liking the Republican establishment that Trump vowed to burn down than we’re liking Trump, but we can’t say that give us a hopeful feeling.
Even a partial government shutdown would be a political disaster that can’t plausibly be blamed on that darned Democratic minority, a federal default would be a catastrophic global economic disaster that makes everyone in the American body politic culpable, so surely some sort of desultory-to-all-sides deal will eventually be struck, We’d feel a whole lot more hopeful, though, if any of the players seemed more interested in averting the looming catastrophe than avoiding any blame for it.

— Bud Norman