Since the election of Donald Trump the Democrats and the media have dialed up the hysteria up to 11 (a la Nigel Tufnel in This Is Spinal Tap). They are all but foaming at the mouth. Their hearts are full of hate. With a little help from Trump himself, Rep. Maxine may become their mascot.
Now Justice Kennedy has announced his retirement from the Supreme Court effective July 31. He goes out on a high note, contributing to the vindication of First Amendment rights in the Janus case and the president’s executive power under immigration law in the travel ban case.
Yet Justice Kennedy is best known for his own Song of the Open Road jurisprudence culminating in Obergefell v. Hodges. In Obergefell, Justice Kennedy and his leftist colleagues constitutionalized the right of homosexual marriage. What once were vices are now commandments. He helped preserve the right of universities to discriminate on the basis of race in Hopkins v. University of Texas so long as the the discrimination is committed under cover of “affirmative action.” Perhaps most importantly, Justice Kennedy also concurred in the Court’s plurality opinion in Planned Parenthood of Southeastern Pennsylvania v. Casey, expressing the sacramental view of abortion.
Justice Kennedy’s retirement affords President Trump, in the second year of his presidency, the opportunity to appoint a second Supreme Court justice. We know from his public list of candidates that he or she will be a stellar judge, one in the mold of Neil Gorsuch. Consider, for example, Judge Raymond Kethledge, whom I wrote about in “IRS baloney meets Sixth Circuit grinder.”
The retirement of Justice Kennedy has pushed other pressing news to the side. It provides the pretext of the left’s hysteria until further notice. Indeed, the left wants to dial the hysteria higher than the dial can go. There is no level past 10 (11 is a joke). After hysteria, what? Next comes nervous breakdown.
If only they were serious. Not to say they don’t believe their own baloney — they are like children bawling over a common fear. But they aren’t serious. As Mark Hemingway demonstrates in the case of Jeffrey Toobin in the exchange below.
To recap: A journalist who cheated on his wife, knocked-up a colleague's daughter, wanted her to get an abortion, and had to be dragged into court to pay child support is on CNN right now opining about the consequences of overturning Roe v. Wade. Maybe sit this one out? https://t.co/lGUXE0E9fL
— Mark Hemingway (@Heminator) June 27, 2018
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