Pundits, in a total panic, have argued in recent days that Trump should not appoint a conservative or orginalist judge to replace retiring Supreme Court Justice Kennedy. HUH? These are supposedly intelligent people. They maintain "the balance of the court" must be maintained.
My belly hurts from laughing. First, would any of these hand-wringing journalists and politicians have argued at all that had Hillary won she should nominate a conservative to replace Scalia in order to maintain "the balance of the court"? None of these same people were lambasting Obama when he nominated Garland to replace Scalia. Why wasn't the same so-called precedent in place for the last President?
What a joke.
I will quote the President when I remind you that elections have consequences. Oh, and that president was Obama.
Second, let us imagine for a mere moment the confirmation hearings if we were to adhere to the imaginary "maintain the balance of the court" principle that never existed before leftists began to lose elections. Where do you find a so-called moderate candidate that is all over the place on his opinions?
"Yeah, Mr. Senator, I will opine according to whim. I promise to vote half the time with the leftist "The Constitution is a living document" faction and the other half of the time with "The Constitution says what it says" wing. My opinions will be crafted to placate whomever was most angry with me after the last decision".
Sheesh. Are people really that moronic to argue for that?
Finally, the appointment of right-leaning judges does not mean the nation will revert back to slavery, concentration camps, or 1984-type total government control. First, those programs are the constructs of the Democrats. What? who supported slavery and the KKK? Who appointed the Justices in the Dred Scott decision? Democrats. Who interned Japanese into concentration camps? Right, FDR and the Democrats. Which party is increasingly far left? Bingo again. So a more conservative court is not likely to move us towards leftist political philosophies like fascism or Nazism.
Finally, righties and lefties alike need to be prepared. SCOTUS is not likely to get rid of abortions. There may be some limits imposed, but abortion is just like guns; a losing proposition for the party that bans them. The best way to lose elections for 20 years would be to get rid of the second amendment or to outright ban abortion.
I would love to go on the Sunday news shows when one of these so-called political experts are offering the "maintain the balance of the court" argument. My rebuttal would be short and sweet:
"Are you on drugs or just stupid?".