The Fight Over the Open Supreme Court Seat Gets Ugly
A Supreme Court nomination can be among a president’s most historically significant achievements. In view of the last half-century’s legal events, this couldn’t be more clear, as legislation from the bench is now, lamentably, a basic aspect of American governance. Therefore, when there is a Court vacancy, this president has an urgent duty to fill the seat.
Ruth Bader Ginsburg’s recent death — lamentable, for both her bereaved family, and for it having come at such a charged, painful time — has mandated that President Trump perform this duty for the third time, but, as usual, since he is doing it, it’s yet another nation-paralyzing “Trump controversy.” Only, as the Constitution shows, it should not be controversial. On 29 separate occasions, 22 presidents have made a Supreme Court nomination in an election year and the world didn’t end. In the case of Merrick Garland in 2016, President Obama nominated a justice to fill the late Antonin Scalia’s seat, and the Republican Senate did not confirm him, as they had every right to do, citing the results of the 2014 Republican Senate takeover.
As things go today however, history is irrelevant. President Trump has now nominated Judge Amy Coney Barrett of the 7th Circuit Court of Appeals to fill Justice Ginsburg’s seat, and that is supposedly an atrocity, because Democrats (obviously) want the Senate to delay her confirmation hearing until after the election.
In the meantime, the left has reacted predictably. By far the most memorable remarks came from all-around bigot and supporter of terrorism Reza Aslan, who proudly tweeted upon Ginsburg’s death that “we burn the entire f—ing thing down” if Trump were to go through with the confirmation process. He and many other vitriolic leftists said things like this because there is a bizarre, culturally unhealthy, and idolatrous aura which has grown up around the late Justice Ginsburg over the years — which even The Washington Post admits is a problem. A life-long leftist radical, she deserves to be a heroine of the left, but her status as Che Guevara-type T-shirt icon is yet another despicable example of the left poisoning our culture with politics. In a normal world, a Supreme Court nomination process should be an interesting news item but culturally irrelevant.
Now, however, as always happens, Judge Barrett is already the victim of egregious, venomous attacks. The most obvious one is upon her Catholic faith, as has happened before. As some may remember, in 2017, during her confirmation hearing for her current Appeals Court post, Senator Dianne Feinstein specifically attacked Barrett for her faith with the now-infamous observation that “the dogma lives loudly within you.” This attack was so unconscionable that even CNN’s Jeffrey Toobin labeled Feinstein’s behavior “incompetent” and “inept,” as the Constitution forbids religious tests for office-holders. The left believes this is okay because, as an orthodox Catholic, Judge Barrett believes that life begins at conception. And as abortion is a fundamental tenet of the leftist religion by which Judeo/Christianity is to be supplanted, anybody who opposes it is the enemy. So, too, according to supposed comedian Bill Maher, Judge Barrett is a “f—ing nut” and “speaks in tongues” because she believes in a power higher than the Supreme Court.
Firstly, there is Judge Barrett’s record as a constitutionalist. She is strong on the importance of originalism, making ruling’s based upon what the Constitution actually says rather than on one’s own beliefs (including faith), and she strongly supports the Second Amendment. Nevertheless, what scandalizes the left the most is that she is pro-life.
The main reason why Amy Coney Barrett is synonymous with abortion is because leftists believe that she is “going to overturn” Roe v. Wade. Not only is Roe v. Wade seemingly the most important law leftists think is worth honoring — of course — every Republican president and Republican-appointed Supreme Court justice puts us “one step closer” to a world without abortion. Amy Coney Barrett is pro-life, but, no matter what she thinks, even if the only justices on the Court were her, Justice Thomas, and seven clones of Ted Cruz, it is highly unlikely that Roe v. Wade would be struck down due to the (non-binding) concept of stare decisis (“to stand by [things] decided”), where previously decided law is usually left alone. Therefore, leftist activists — who may or may not know this — exploit feminist voters’ fears that “men” will “control” “their” bodies to drum up useful civil unrest.
Another important note on the left’s attacks on Judge Barrett’s faith is their continued and irrational obsession with Margaret Atwood’s absurd novel The Handmaid’s Tale, which is also a Hulu series. The premise of The Handmaid’s Tale is that a small group of all-powerful Christian fascists whose wives cannot have children turn the entire fertile female population of the U.S. into their personal sex slaves. The “handmaids”’ characteristic red and white costumes were a common sight at the original “Women’s March” in 2017 and again during the draining, libelous days of Justice Brett Kavanaugh’s confirmation hearings in 2018. Having dusted them off once again, leftists have actually accused a group with whom Judge Barrett is affiliated, the People of Praise, of being Margaret Atwood’s inspiration for The Handmaid’s Tale — a claim even Snopes and Vox were forced to admit was false. Even if it wasn’t, Judge Barrett isn’t much of a handmaid, being a federal judge and all, who happily admitted that her husband “does far more than his share of the [house] work” and is, in their children’s opinion, the “better cook.” Furthermore, the same leftists who decry the “rolling back” of “reproductive rights” should embrace their “Islamophobia,” as the horrors of The Handmaid’s Tale far more closely resemble an Islamic than a Christian society, where abortion and contraception are prohibited by Allah, and both mass sexual slavery and general oppression of women are sacred Islamic institutions. On precisely zero occasions has any pope permitted Islamic-style concubinage; Muhammad did it on multiple occasions. If American feminists were serious about women’s rights, they would go to the Kingdom of Saudi Arabia to find Gilead, and leave headstrong career women like Amy Coney Barrett alone.
What’s more, not only is Judge Barrett a heartless subjugator of women, she is a white supremacist. According to professional racist hatemonger Ibram X. Kendi, this mother of five adopted two black children from earthquake-ravaged Haiti because “Some White colonizers ‘adopted’ Black children… [and] ‘civilized’ these ‘savage’ children in the ‘superior’ ways of White people…” Apart from the historical ignorance, you can’t get more racist than this, because it assumes that a white American woman could not possibly fall in love with a black baby, let alone two. Amy Coney Barrett’s beautiful family is literally a photograph of Dr. King’s dream of color-blind, multi-racial American brotherhood. If anybody embodies the open-hearted, principled decency of America, it’s Amy Coney Barrett. The fact that anybody, let alone a National Book Award recipient like Kendi, should level such a nauseating insult is proof of how all of the left’s moral preening on behalf of the helpless, abandoned, and “colored” is fake.
Unforgivable insults aside, perhaps the most jarring realization which should come out of this coming ordeal is that, in very large part, the political divide in this country is actually over whether the law of the land — the Constitution — is, in fact, the law of the land. The sweeping simplicity of that fact genuinely should terrify you. There are, as we know, plenty of things over which to have political divides, but the law of the land cannot be one, let alone the one. And if the rule of law itself is what President Trump has to protect by successfully nominating Amy Coney Barrett, then that, sadly, is just business as usual in the age of the American Counter-Revolution.
By Barry Nussbaum, Son of Auschwitz survivors, Founder American Truth Project, Foreign and Domestic Policy Commentator