By DEXTER DUGGAN
As the Independence Day holiday passed, many Americans wondered if a historical new revolution truly was on the way.
Would the majority of Supreme Court justices routinely start basing their decisions again on plain constitutional understandings rather than being ghost-hunters for closeted, spectral “penumbras and emanations” that continued ripping our heritage from our arms?
The answer depended in large part on President Trump, put in office by the vote of the people. And who his next selection would be for the High Court, to fill the vacancy created by the retirement announcement of veteran Associate Justice Anthony Kennedy on June 27.
The almost unlimited power that the court had grasped over American life was reflected in the fact of the banner headlines on Kennedy’s quitting that crossed the top of the front pages of newspapers including The Wall Street Journal and The New York Times the next morning.
Bannering a declaration of continental war couldn’t have gone any wider, although it would have had a second full line of equally large headline type.
Trump was to reveal his court choice and set in motion the gears of confirmation on July 9, a few days after this hardcopy issue of The Wanderer went to press on July 5.
Yet another way the Trump presidency has transformed national politics was his release of a full list of vetted candidates from whom he would make his selection, as he also had done in bringing forth Associate Justice Neil Gorsuch early last year after pledging faith with conservatives.
No more GOP mystery selections that conservatives were assured would be fine but became nightmares, like George H.W. Bush’s nomination of stealth super-liberal David Souter in 1990, who went on to serve nearly 20 years.
Or Sandra O’Connor, whom conservatives futilely warned Ronald Reagan against after he broke faith with pro-lifers and sprang her little-known name on the nation in 1981, putting her in power until early 2006.
As Kennedy prepared to step down, the media spigots that rush forth a flood of carefully flavored news suddenly slammed almost shut on the alleged kidnapping and torture of thousands of Latino babies at the border and reopened to spew about the horrors if U.S. babies couldn’t continue to be maimed and dismembered by the millions at abortuaries.
Pro-abortionists well know that the High Court’s January 22, 1973 sudden legalization of massive national permissive abortion never had any logical basis. This leaves them always atremble that someday a majority of justices will stop worshipping this heap of reeking garbage and clean up the Constitution.
On June 28 the Washington Examiner editorially called for overturning this made-up law and cited liberal legal scholars who said it has no constitutional support. A sample: “Plenty of legal scholars who support abortion rights nevertheless admit that the ruling was garbage. ‘(B)ehind its own verbal smokescreen,’ liberal legal scholar Laurence Tribe wrote, ‘the substantive judgment on which it rests is nowhere to be found’.”
The Examiner noted that Justice Kennedy himself had a major opportunity to rectify the law when it came up for reassessment in 1992, in Planned Parenthood v. Casey, but Kennedy, to the agreement of Sandra O’Connor, “used airy, mystical reasoning, unrooted in the Constitution, the common law, or the natural law, (and) he talked himself into saving a precedent that was indefensible legally, scientifically, and morally.”
It repeatedly has been observed that leftists use the courts to impose on the nation what they haven’t won through the democratic process. However, that wouldn’t work if courts didn’t have a bevy of leftist judges to deliver such rulings. Hopefully, nominations by Trump and subsequent conservative presidents can put a stop to this legal legerdemain.
Sometimes it’s said the nation has no consensus to cut back on permissive abortion. However, lacking a consensus hasn’t deterred leftists from pounding home what they want, no matter how contentious or ill-considered, as with abortion or “gay marriage.” Having a leftist dominant media in agreement is, of course, an immeasurable aid.
But even a near half-century of lies and propaganda by dominant media in service of the slaughter hasn’t cooled the atmosphere. Just the opposite, because the insistent propaganda line is so obviously out of alignment with reality.
Washington Post columnist Megan McArdle posted on July 3 that although she’s “uneasily pro-choice,” she’d “be glad to see Roe go, as quickly as possible.”
McArdle called it “a poorly reasoned mess” with “‘emanations and penumbras’ and similarly float-y language,” an extreme law that’s “out of step with what the majority of the population wants,” and it causes concern even to many supporters of a constitutional right to abortion who wonder how the High Court got to this point.
She accurately said this court opinion, more than any other, “is driving both the radicalization and the judicialization of American politics.” Truly, the substance of life, and death, began to change in the U.S. in 1973 after clueless Associate Justice Harry Blackmun and his 7-2 majority brethren laid the rails toward new extermination camps.
The elitists never got a handle on managing to suppress Americans on permissive abortion. They decided they’d purge pro-life Democrats from that party while The New York Times and its allies grinned indulgently. That didn’t help the national temperature.
They kept lying to Republicans that being pro-life was a losing issue, and the usual queasy GOP “moderates” often believed them. But grassroots pro-lifers across the nation exposed that fraud by turning more to the major party still willing to accept them, and even Donald Trump noticed what that meant for a man with political ambitions.
David Harsanyi, an editor at The Federalist website, wasn’t on the Trump bandwagon but he likes what has been happening in the Trump parade, especially a gift to the legal system like Neil Gorsuch.
“For some, myself included, the prospects of a court run by people who ignore the Constitution was the best argument for Donald Trump in 2016,” Harsanyi posted on June 27. “The question was, ‘What’s scarier, a Trump presidency or a progressive Supreme Court?’ I imagine the answer is becoming a bit clearer for many conservatives.”
History not only repeats itself, but sometimes one iteration comes stumbling along right on the heels of another.
An important book appeared as the year 1972 wound down about how The Best and the Brightest, to cite its title, could get things so massively, monstrously wrong.
The book, by elite journalist David Halberstam, wasn’t about the earthquake that the High Court was stumbling toward with its upcoming abortion opinions of January 1973, but it might as well have been.
Halberstam wrote of how U.S. intellectuals and academics — the national capital’s smartest and best — had blundered this nation into the bog of Southeast Asia’s Vietnam War begun in earnest in President John Kennedy’s administration. It was a tragedy born of good intentions and foolishness by the impeccably credentialed.
By 1975 that war had ended, but its consequences continue for the suffering even today under the Communist control there.
A bit more than two full years before that collapse, the Supreme Court launched an even worse war on U.S. shores, with tens of millions of more fatalities, when it invented and quickly imposed the mystery constitutional right of permissive abortion throughout pregnancy.
That war has continued for nearly a half-century, but no elite Halberstam journalist has emerged to bite off this jungle snake’s head. Indeed, Halberstam’s old newspaper The New York Times continues shrieking for more abortions of countless babies with the consequent maiming of their mothers’ wholeness.
As I reported for The Wanderer in 2010, a black pastor at that year’s national March for Life in Washington, D.C., said, “The living God cannot tolerate it much longer.”
Before The
Midterm Elections?
After Justice Kennedy’s announcement created the court vacancy, The Wanderer asked a couple of political activists for reaction.
Conservative GOP political consultant Constantin Querard said on June 30: “Liberals have long accomplished many of their greatest victories through the courts instead of through legislation. That’s how a largely pro-life country was handed abortion on demand . . . and how a nation that had largely just passed numerous amendments to state constitutions to defend and preserve marriage (was) handed ‘gay marriage.’
“The current Supreme Court was a potential 5-4 victory for both right and left depending on the issue, and moving from Kennedy to a reliably conservative jurist will shift that balance in such a way that liberals can no longer rely on the Supreme Court to change the country for them,” Querard said.
Arizona GOP conservative activist Rob Haney wasn’t optimistic that Trump could get his court choice confirmed before the midterm elections in November.
“The ‘Left’ has slowly taken over all the uniquely American institutions which built and protected America’s distinct culture,” Haney said on July 3. “They captured the education establishment and their graduates moved on to take command of our journalism, legal, religious, and government entities.
“Hillary’s election would have been their crowning achievement and the Supreme Court would have been theirs. It would have ended any uncertainty about the judiciary’s ability to thwart their socialist agenda,” Haney said.
“But, alas, Trump won. The Left must now compel Trump to select a justice from the ‘moderate’ (pro-abortion) wing. Betraying Republican Sen. John McCain is out with cancer and in spite of what Republican Sen. Jeff Flake may say beforehand, he can never be counted on,” he said.
“Republican Senators Susan Collins and Lisa Murkowski are confirmed pro-abortion votes. With 51 votes needed to confirm, the yes vote looks to be 47 before any pressure to fold is put on the other cowardly Republicans,” Haney said.
“I do not see how a winning total can be mustered before the November midterms. The desperate liberals will stop at nothing to prevent a pro-life judge from being confirmed.
“It might be just as well to keep the issue through the midterms. This would allow Trump to drive the Republican base to the polls and elect more Republican senators to confirm his nominee in January. If Trump is successful, expect more coordinated left-wing riots throughout the country. Intimidation is how the Left governs,” he said.
Asked by The Wanderer if he didn’t think Trump could persuade some red-state Democratic senators up for re-election to vote for his choice sooner, Haney replied, “I do not think there will be any betrayals from the Left. They worship at the altar of the Abortion God and they will not risk offending it at such a critical time.”
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