Supreme Court News

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09 21 2020

Welcome to The News which is published every Monday and Friday.

What’s all this noise about the Supreme Court?

With the death off Justice Ruth Bader Ginsburg a major shift is in the wind for the Supreme Court. Because of this the Left and Right are squaring off. For the Democrats it represents what might be a distant prospect of changing the judicial landscape solidly to the Left. For the Republicans it represents the opportunity to finally shift the court to the right where the Constitution and rule of law outweigh social experimentation.

The current battle is whether a justice should be nominated by President Trump or by the next president (Trump or Biden).

Who’s Right?

That depends on your worldview. If you are on the left and are hoping Biden wins then you want to delay the nomination until Biden is in office. If you are on the Right, you want the nomination now for at least two reasons.

The first reason is that if the election is close, like some prognosticators think, then it could be decided by the court. In that scenario you need a full Supreme Court bench. Otherwise, you get a real mess.

The second reason is that the court would be returned to its original status, namely, a court ruled by the Constitution. Not the modernized constitution of the Liberals but the Constitution that is the foundation of American.

What Happens if Trump’s Nominee Fails to Win in Senate?

Not much. It only delays it if Trump is re-elected. I believe he will be re-elected, but if not, then Biden would have the choice.

Doesn’t Trump trail in the Polls?

In some he still trails, but in polls based on “Likely” voters he is winning, and the margin has been increasing. There has been a shift toward Trump in the Battleground States and among the Hispanics and perhaps the Black communities.

Another factor to consider is the influence of the Internet. In the past the Democrats would use all manner of deception and confuse, even deceive, the American public. But things have changed. Americans of every age, color, and ethnicity are proficient with the Internet and know how to look up the facts. Many, if not most, understand that so-called “Fact Checkers” are unreliable and biased.

So, they look the information up and find out the truth.

So, what can we expect?

As far as the Supreme Court is concerned it is hard to tell. But despite House Speaker’s Pelosi’s claim she has something up her sleeve it is doubtful there is anything there. The real question is whether the Republicans will stand with the President. Time will tell.

As for the election, I think Trump benefits no matter which way the Senate goes. And I think he will be re-elected perhaps in a landslide.

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Nomination of Brett Kavanaugh

Today’s Issue: Need for a Constitutionalist
Monday’s I try to focus on issues. This week I am taking a look at the nomination of Brett Kavanaugh for Supreme Court Justice.
There are a lot of side issues in this nomination with the democrats acting like spoiled babies. Even today I saw an article that indirectly attacked Kavanaugh though it was aimed at the GOP. The author of the article made a big issue about whether the nominee was likable. Claims that the GOP thinks he should receive Senate approval simply because he’s a nice guy. Actually I don’t know of any senator who would ever make that claim.
But the writer missed the most important issue: The View of the Constitution.
When selecting a person to be on the Supreme Court, we all want our favorite politics represented. Democrats generally want a liberal and Republicans generally want a conservative, but that doesn’t tell us of the person’s view of the Constitution.
Unfortunately there are elitists who believe they know better about what is good for Americans. They can be either Democrat or Republican or any other party. These same people view the constitution as a living document. To some extent so do I, but not as they do. They consider it a living document that can be interpreted according to the times we live in.
My view is that the constitution is a living document because it can be amended. When the constitution was first written there was opposition to it because it failed to protect certain perceived rights. Thus, it was amended.
And throughout our nation’s history there have been times when the constitution has been amended through the constitutional mechanism. That is the right and proper way of making the constitution viable for our generation and future generations.
But in matters of law and governance the constitution is the absolute authority.
It is not up to an activist judge, whether liberal or conservative, to twist the constitution to his/her opinion. It was meant that the judges up to and including Supreme Court judges protect and enforce the constitution. This requires a strict adherence to the constitution. No opinion, no outside document, and no circumstance should ever hold sway in contrast to the constitution. It is the absolute authority.
But what about our rights?
When black men and women’s rights needed protection an amendment was passed; when women’s rights were threatened an amendment was passed; and when other rights were threatened specific amendments were passed. These are time consuming avenues that are meant to allow a thorough examination of the issues before a vote. It is meant that the American people not elitists in Washington D.C. determine what is needed.
The Supreme Court needs Constitutionalists.
Judge Kavanaugh has a career resume that demonstrates that he takes a literal view of the constitution. If this causes him to vote conservative most of the time then so be it, although I’d bet that sometimes we conservatives will not like his vote. Why? Because we conservatives don’t always stick to the constitution either.
We don’t need Activist Judges.
By definition an activist judge is not a constitutionalist. Whether liberal (usually) or conservative (sometimes) they tend to bend the constitution and the law to fit their own bias. I think Americans are getting sick and tired of that.
We need men and women who will stick by the constitution and by the law. And if the constitution or the law needs changed, follow the constitutional mechanisms provided! This approach served our country well for its first 100 years and then we started getting cute with our interpretations. And look at the mess we have!
That is the criteria for selecting a jurist for the Supreme Court. Not the person’s likeability, not the person’s sex, and not the Senate’s political bias’s. The Senate is suppose to determine if the nominee fulfills the Constitutional requirements not the current politically correct view. If they’d do that the entire process would not take nearly as long as it probably will take.
Based on what I’ve heard and read, Brett Kavanaugh deserves Senate approval.
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R Frederick Riddle is the author of several books and is best known for Christian Historical Fiction. For more information on him or his books visit his Amazon Authors Page. He is also co-founder and Vice President of T&R Independent Books where his books are featured. To reply to any blog you have the option of commenting on a blog and/or sending an email to marketing@tr-indbkstore.com. You may also be interested in his Facebook page at RFrederickRiddlesWorld.