Wednesday, July 11, 2018

JUDGE DREAD.

There are lots of law-smart people making great cases against putting Brett Kavanaugh on the Supreme Court but to me, a simple lad, the best reason to oppose him is that the worst people on earth want him on there.

First, Donald Trump -- I could rest my case right there. Second, the Federalist Society, not only a creep cluster of committed world-ruiners run by an Opus Dei freak, but also applauded by Jonah Goldberg in his typically lazy late-Goldberg style. First, there's his now-traditional explanation of why as a Trump "skeptic" he applauds this as he does everything else Trump does:
One of the odd things about the triumphalism over the Kavanaugh pick — which is a great pick as far as I’m concerned — is that the wrong people are taking the most credit for it. People seem to forget that the list Trump committed to was a constraint on him.
Get the fuck out of here. Trump's deal with Republicans, as I have said repeatedly, is that he'll give them everything they want so long as they let him grift; they don't serve him as a snaffle and curb or screen and bank but as accomplices. Later Goldberg refers to the Fed Soc guys as "Conservative Legal Beagles" -- much as a 50s movie goon might refer to a priest as "padre" or an intellectual as "professor" -- and says there's "nothing nefarious" about them worming their way onto the court because "liberals have their own vetting process. It’s less formalized than the Right’s, but that’s probably because it can be." Goldberg certainly doesn't know how much he's admitting there, and there's nobody at National Review -- certainly not an editor! -- inclined to tell him.

Elsewhere we have Ross Douthat slo-mo ejaculating over the imminent end of Roe v. Wade; "abortion opponents will have [their] trust vindicated" with Kavanaugh, and the Court will "legislate freely on abortion once again," Douthat declares, stabbing his thigh with a penknife in hopes Jesus will call it square and his emissions will be, in the greater sense, wiped clean.

And leave it to Megan McArdle (* see update) to think of an angle I wasn't expecting -- the possibility that Kavanaugh will make colleges stop trying to bring in more black people, or, as McArdle and her colleagues still call it (in hopes of animating the Louise Day Hicks-era prejudices of their readers), "affirmative action." "The Constitution forbids discriminating by race," McArdle says, as if rehearsing for whatever test case the Becket Fund sends against Brown v. Board of Education;  besides, John McWhorter is black and he doesn't like it either, hmmph!

McArdle throws in just enough references to "trying to right past and present wrongs" and "rectifying the effects of past discrimination" to convince her dumber readers that she's sincere about that stuff, but nonetheless racial preferences have to go because we're living in a "more diverse United States where at least some groups outperform their privileged white neighbors in educational attainment" -- and if you're missing her point, she says, "racial balancing encourages anti-Asian discrimination" and "a broader racial-balancing regime... might put Asian American students at a disadvantage" and "pursuing racial balance zealously" will lead to "continued discrimination against Asian American students." Also, did she mention John McWhorter is black?

Anyway, McArdle says, all this "will leave our new justice with an uneasy choice as the court steers us into an America where race is no longer a simple matter of black and white," though from everything else we've heard about this vat-bred wingnut automaton there'll be nothing uneasy about his choice at all.

Oh, and then there's Kavanaugh's apparent conviction that Presidents (at least since Clinton) can't be indicted. The brethren are pretending he meant no such thing -- and for my money there's no clearer sign that he did than than David French insisting he didn't, and using words like "barmy" in his argument ("he was brainstorming policy proposals, not suggesting future legal rulings" -- can't you people take a joke?). These people see Trump as the promised land for their lunatic ideas, and the extraordinary feebleness of their arguments shows how little they care whether they make it look good.

*UPDATE. McArdle says she's in favor of affirmative action -- her explanation here. You tell me, guys.

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