Far Left Professors Push Dems to Pack Courts With Judicial Activists

pic_giant_040815_SM_Justice-System-DT-2

The claim that judicial activism is necessary to rescue us from bondage to the past– from having the writers of the Constitution “rule us from the grave”– defies both logic and history. There is no contest between the living and the dead. The contest is between those living individuals who wish to see control of change in judicial hands and those who wish to see it in other hands. – Dr. Thomas Sowell

FoxNews.com reports that

Less than a month after the confirmation of Associate Justice Brett Kavanaugh entrenched a 5-4 conservative majority on the Supreme Court, leading law professors are urging Democrats to expand the size of all of the nation’s federal courts and pack them with liberals. 

Far-left Harvard professors Mark Tushnet and Laurence Tribe are lending their support to the so-called “1.20.21 Project,” which was launched by political science professor Aaron Belkin on Wednesday to counter “Republican obstruction, theft and procedural abuse” of the federal judiciary.

That rhetoric reflects the professors’ apparent surprise after Democrats lost the 2016 presidential election, which they had hoped would allow the party to continue appointing liberal judges and justices. In 2016, when Hillary Clinton was leading in all major polls in her bid for the presidency, Tushnet definitively declared in a blog post that conservatives were the “losers in the culture wars.”

He wrote that liberal judges who “no longer have to be worried about reversal by the Supreme Court” could be useful in marginalizing those Republican “losers,” whom he compared to the defeated Japanese in World War II or the Confederacy in the Civil War.

The heated language also highlights what liberals have characterized as the unfair treatment of President Obama’s failed nominee to the Supreme Court, Merrick Garland. In 2016, Senate Majority Leader Mitch McConnell, R-Ky, refused to hold a hearing or vote on Garland, saying a lame-duck president shouldn’t be able to appoint a justice in an election year. Garland didn’t have enough support in the GOP-held Senate to win confirmation.

At Kavanaugh’s ceremonial swearing-in ceremony earlier this month, President Trump led a standing ovation for McConnell, whom he called a “great” leader who has done an “incredible job for the American people.” Under McConnell and Trump, Republicans have now confirmed 26 federal appellate judges and two Supreme Court justices. (Kavanaugh’s rise to the Supreme Court creates a new vacancy on the influential D.C. Circuit Court of Appeals, where he had served for 12 years.)

That fast pace of conservative judicial appointments has upended and frustrated some of the assumptions of liberal law professors like Tushnet, who wrote just two years ago: “Right now more than half of the judges sitting on the courts of appeals were appointed by Democratic presidents, and – though I wasn’t able to locate up-to-date numbers – the same appears to be true of the district courts.”

Liberal academics have long floated the possibility of flooding the bench with Democrats, although the 1.20.21 Project is their most organized effort to date. For example, another far-left law professor, Indiana University’s Ian Samuel, wrote on Twitter as soon as then-Associate Justice Anthony Kennedy announced his retirement in June that Democrats should “[p]ack the courts” as urgently as they should “abolish ICE.”

Still, this latest effort also underscored the intensely left-leaning politics of most of the nation’s academia. During Kavanaugh’s confirmation process, thousands of progressive law professors signed a letter saying Kavanaugh’s temperament during Senate Judiciary Committee hearings in September was disqualifying. Kavanaugh forcefully denied the uncorroborated attempted rape and other sexual misconduct accusations against him.

And Tribe, who has accused President Trump of “orchestrating a massive cover-up” that is “worse” than anything done by former President Richard Nixon, is himself no stranger to partisan politics. In 2015, a piece in The New Yorker by law professor Tim Wu asked, “Did Laurence Tribe Sell Out?” The article noted that “it would … be foolish to ignore the inherent tension in searching for truth while also working for paying clients,” as Tribe does.

For the last several decades, and especially during the Obama Administration, the Liberals of the Democratic Party have relied upon Judicial Activism to overturn the will of the American People and to “get their way” on matters of political and societal importance.

Sometimes they win and sometimes they lose.

A big win for the Democrats was the Supreme court ruling allowing gays to get married.

It was taken to the courts by the Democrats after American Citizens voted not to allow gay marriage in their states. Liberal Judicial Activist Judges, some gay themselves, began striking down the referendums passed in individual states, finally leading to a ruling by the United States Supreme Court.

During the Trump Administration, Judicial Activists have attempted to thwart some of the actions taken of behalf of the American People by our President, such as their attempts to stop the Travel Ban, designed to keep those who would seek to do Americans harm out of our Sovereign Nation.

According to Founding Father Alexander Hamilton, in the following Federalist Paper, Americans have nothing to fear from the Judiciary when they act alone. It’s when they act in concert with others, such as Liberal Politicians in Congress, that Americans need to be afraid.

From The Federalist #78

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

As the 2018 Midterm Elections draw near, we, as Americans, must remember that the Majority Party in both houses of Congress and the President are the ones who will shape our Judicial System for decades to come.

That is why we must get out and vote.

If we do not, and allow the Far Left Democratic Party to take back control of Capitol Hill, our Judiciary will change from one who interprets and enforces the Constitution to one who rewrites and ignores it.

This must not be allowed to happen.

We must, once again, envelop our nation in a “Sea of Red”, like we did on November 8, 2016.

Our future as a Constitutional Republic depends on it.

Until He Comes,

KJ

 

Independence Day 2015: These Colors Don’t Run.

Fourth of July 2015Back in 2011, as I was contemplating what to write about on the 4th of July, I came upon an article titled, “Down on the Fourth of July: The United States of Gloom”, on the London Daily Telegraph’s website, written by Tony Harnden, their U.S. Editor. Mr. Harnden presented a synopsis of the state of our country and came to the following conclusion:

On this day in 1776 a group of 13 colonies broke away to found a new nation free to govern itself as it saw fit, pledging that each citizen would have the unalienable right to “life, liberty and the pursuit of happiness”. A nation, as Americans are apt to declare without equivocation, which became the greatest on the face of the earth.

That’s the good news. On the flip side, however, a country whose hallmark has always been a sense of irrepressible optimism is in the grip of unprecedented uncertainty and self-doubt.

With the United States mired in three foreign wars, beaten down by an economy that shows few signs of emerging from deep recession and deeply disillusioned with President Barack Obama, his Republican challengers and Congress, the mood is dark.

The last comparable Fourth of July was probably in 1980, when there was a recession, skyrocketing petrol prices and an Iranian hostage crisis, with 53 Americans being held in Tehran.

…The 2010 mid-term elections showed that the Tea Party movement, drawing its small-government, low-tax inspiration from the revolutionaries who overthrew the British, was a phenomenon that could turn American politics upside down.

Previous elections had been about choosing the lesser of two evils but 2010 was about throwing the bums out. Luntz, a Republican, predicts that 2012 will be a “none of the above” contest. What is needed above all is optimism: it is a prerequisite for the risk-taking needed to invest and start new businesses. Its absence could turn into a self-fulfilling prophecy as belief in American decline helps ensure that the halcyon years are indeed in the past.

The 1980 election was won by Ronald Reagan with his “Morning in America” message. Today, a 10ft bronze statue of Reagan will be unveiled outside the US Embassy in London’s Grosvenor Square, which, in another sign of the times, is due to move to Battersea next year because of concerns about its vulnerability to terrorists. Thus far, there is no sign of a new Reagan emerging.

More worryingly, the optimism he embraced and came to personify is all but absent in America this Fourth of July.

Pretty depressing, huh?

Mr. Harden was a bit of a prophet. Things have not gotten any better. In fact, under the poll-proven Worst American President Since World War II, things are actually getting worse.

America’s populace is still struggling through the worst economic situation our country has seen since the Great Depression. Approximately 20% of our countrymen are unemployed, underemployed, or have just plain given up. One-sixth of our nation has to rely on assistance from our government just to have food on the table, while remaining under the governance of a president who worships a Far Left political ideology steeped in the redistribution of wealth teachings of Karl Marx and Saul Alinsky.

Americans have watched, feeling helpless, as he and his self-centered minions in Congress took our tax dollars and spent all of it and then some, as if there was no tomorrow, leaving our children, grandchildren, and great-grandchildren with a debt that this shining city on a hill may never recover from.

We’ve watched, with our mouths hanging wide open, as the President of the United States and his State Department, have reached out to embrace the very barbarians that want to murder each and every one of us, while at the same time, criticizing and alienating our closest allies.

And, at the same time, taking away our Freedom of Self-Determination through the use of activist judges, at the state level to overthrow the will of the people, and then, through a Liberal-Majority Supreme Court, who decided to legislate, instead of performing their actual job description, changing the definition of a sacred ceremony, which has meant one thing for centuries.

Meanwhile, my beloved Dixie, is finding itself under attack by condescending Liberals, led by the leaders, who have decided that a Battle Flag from the American Civil War, has the ability to come to life, and willfully kill innocent people, and somehow, constrain their lives., hiding their real goal of eliminating the region’s political and economic power.

Finally, on this 4th of July, in the year of our Lord 2015, our Southern Border continues to be invaded by tens of thousands uninvited guests, bringing disease, and perhaps, being accompanied by our enemies, traveling in secret, among them.

However, even now, I do not subscribe to Mr. Harnden’s assessment of gloom and doom. Rather, I stand with this man, who embodied the American Spirit that is beginning to once again, reawaken across our Sacred Land.

John Wayne with FlagWhy I Love Her

You ask me Why I Love Her? Well, give me time and I’ll explain.
Have you see a Kansas sunset or an Arizona rain?
Have you drifted on a bayou down Louisiana way?
Have you watched a cold fog drifting over San Francisco Bay?

Have you heard a bobwhite calling in the Carolina pines,
Or heard the bellow of a diesel at the Appalachia mines?
Does the call of Niagara thrill you when you hear her waters roar?
Do you look with awe and wonder at her Massachusetts shore,
Where men who braved a hard new world first stepped on Plymouth’s rock?
And do you think of them when you stroll along a new York City dock?

Have you seen a snowflake drifting in the Rockies, way up high?
Have you seen the sun come blazing down from a bright Nevada sky?
Do you hail to the Columbia as she rushes to the sea,
Or bow your head at Gettysburg at our struggle to be free?

Have you seen the mighty Tetons? Have you watched an eagle soar?
Have you see the Mississippi roll along Missouri’s shore?
Have you felt a chill at Michigan when on a winter’s day
Her waters rage along the shore in thunderous display?
Does the word “Aloha” make you warm? Do you stare in disbelief
When you see the surf come roaring in at Waimea Reef?

From Alaska’s cold to the Everglades, from the Rio Grande to Maine,
My heart cries out, my pulse runs fast at the might of her domain.
You ask me Why I Love Her? I’ve a million reasons why:
My Beautiful America, beneath God’s wide, wide sky.

-John Wayne

Our American Spirit of Independence, Courage, and Love for our Country , embedded in our souls by the generations of brave Americans before us, often presents itself in the most bleak of situations, as this now-famous account from World Ward II demonstrates:

mcauliffePer military.com:

Gen. Anthony Clement McAuliffe is best remembered for uttering a single word — no mean feat, considering that even the shortest Bible verse has two. Commanding the U.S. Army’s beleaguered and surrounded 101st Airborne Division during World War II’s Battle of the Bulge, McAuliffe received a German surrender ultimatum. “Nuts!” he replied, and became a lasting symbol of American courage and determination under fire.

A 1918 West Point graduate, McAuliffe held various field artillery positions before World War II. On the eve of D-Day, McAuliffe jumped with the first wave as a commander of division artillery, although he had never received formal parachute training.

In December 1944, during the siege of Bastogne, Belgium, McAuliffe was acting commander of the 101st in Gen. Maxwell D. Taylor’s absence. The Americans had been holding the Belgian town “at all costs,” and on Dec. 22, Gen. McAuliffe received the encouraging news that the 4th Armored Division was beginning its drive north to relieve the 101st. Later that morning, members of the division’s glider regiment saw four Germans coming up the road carrying a white flag. Everyone hoped they were offering surrender. Instead, they presented two pages demanding the Americans’ surrender: “To the USA Commander of the encircled town of Bastogne. . .There is only one possibility. . .the honorable surrender of the encircled town.”

McAuliffe glanced at the message and said, “Aw, nuts!” When he told his commanders he didn’t know what answer to send, Lt. Col. Harry Kinnard said ‘That first crack you made would be hard to beat, General.” Everyone laughed as a sergeant typed up the succinct response: “To the German Commander: Nuts! The American Commander.”

Between this stoic reply, Patton’s troops from the south, and a change in the weather that allowed air reinforcement the following day, the 101st was able to hold Bastogne. Their victory resulted in the first full-Division Presidential Distinguished Unit Citation.

McAuliffe’s actions at Bastogne helped assure the final defeat of the Germans. Gen. McAuliffe continued to serve on active duty, including assignments as Head of the Army Chemical Corps, Commander, 7th Army, and Commander-In-Chief of the U.S. Army, Europe, until his 1956 retirement. He died in Washington, D.C. in 1975 and is buried at Arlington National Cemetery.

In the opinion of this 56-year-old, sitting in the Northwest corner of the Magnolia State in America’s Heartland, the current administration and Mr. Harden have underestimated the American Spirit, just as King George and the British Aristocracy did, so many years ago.

As our enemies, both foreign and domestic, have discovered since the birth of our nation, Americans will fight for our freedom. And we shall prove it again, in November of 2016, with an electoral explosion of nuclear magnitude, which shall make November of 2014 seem like a firecracker in comparison.

May God Bless you and your family on this 4th of July, the Year of Our Lord, 2015, and may God Bless America.

Until He Comes,

KJ