Trump's Titanic Court Triumph
Two years after he's gone, Donald Trump is dominating America's laws
We cannot begin to discuss the U.S. Supreme Court as it now stands without giving a very infrequent tip of the hat to Mitch McConnell (Yertle). He steadfastly refused to let Grand Moff Garland be nominated to the USSC. The result was that President Donald Trump nominated Neil Gorsuch to what would have been the “Garland seat.”
While that was a significant maneuver, let’s not overdo it: Trump still ended up with two Supreme Court picks besides the “Garland seat”—-and even if Garland had a seat, the balance would have still been 5-4, with the ever slippery John Roberts as the wild card. Still, the odds are better than not that most of the cases still would have ended up the same as they did with Gorsuch.
And let’s not forget the steadfast courage (yes, I said that) of Lindsey Graham, who, in his Lindsey Granite mode (vs. current Linda Grahamnesty mode) managed to maneuver Brett (Kegger) Kavanaugh out of committee.
So there. Credit given. Now I feel like I need a shower.
That said, Trump did exactly what he needed to so—-and what NO Republican President since WW II has done—-and that is hit a home run with every pick. Remember,
*Eisenhower named Earl Warren and William Brennan
*Nixon appointed Harry Blackmon, who wrote Roe v. Wade
*Ford gave us John Paul Stevens
*Reagan named Sandra Day O’Connor and Anthony Kennedy, two of the three justices who reaffirmed Roe in the Planned Parenthood v. Casey case.
*GHWB gave us the hapless David Souter
*George W. Bush graced us with John Roberts.
But Trump, with three picks, hit three home runs. One may quibble with a ruling here or there, and certainly each has elements of their “game” I disagree with (Barrett, in particular, doesn’t like to rule against the Deep State too much). But almost all have been very solid on individual religious rights; on gun ownership; on restricting the government from imposing the vax in areas of business (though not the military), and most important of all in restraining the Deep State.
For example, not only did the Supreme Court smack down the administrative state in West Virginia v. EPA but a previous Fifth Circuit ruling had stated that the SEC had overstepped its bounds. Coming up next session is a review of the Chevron case that permitted the Swamp to define its own terms of operations.
Along the way the Supes torpedoed Joe Biden’s student loan forgiveness and overturned Roe. And by the way, in a little-noticed side aspect of the infamous Roberts Obamacare decision, he actually restrained Congress’s authority to invoke the Commerce Clause as a means to engage in regulatory malfeasance. And the Court also struck down Biden’s evictions moratorium, which, combined with the ruling that student loans must be repaid, is a blow for free markets and contracts.
The final triumph was the reversal of Affirmative Action, long overdue. Throughout it all, this guy has been the driving force.
In short, Trump’s court has been magnificent and has set the judicial stage for his return in 2025.
Larry Schweikart
Rock drummer, Film maker, NYTimes #1 bestselling author
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