My Thoughts on Gorsuch and Scotus: A Time to Remain Vigilant Ep 88

In this episode of the Conservative Conscience, Daniel spills his heart out on the state of the courts, what conservatives are looking for, and why Gorsuch, although a solid nominee, still doesn’t inspire full confidence that he is the best we could have done, given GOP control of the Senate.  Then again, with a Senate full of RINOs, who could have scuttled the nomination of someone in the mold of Clarence Thomas, could you really blame Trump?

 

Moreover, the entire process demonstrate why we will never really fix the courts simply by “picking better judges.”  “The capacity of a good judge to do good is nowhere near the capacity of a bad judge to harm our constitution, society, sovereignty, and security.  Even if we had a Clarence Thomas for every Republican SCOTUS pick and for every lower court pick, an impossibility (they don’t exist), we could never combat the malfeasance of the left.  The equivalent on the right of what the left does to advance their malevolent agenda through the courts would be to force people to own guns and to throw homosexuals and transgenders in jail.    This is one of the many reasons why we will not fix the judiciary by picking “good judges” alone; we need wholesale judicial reform.

 

Finally, Daniel praises Trump for staying the course but expresses concern about his enthusiastic embrace of Obama’s discriminatory policy of cutting off government contracts with businesses that don’t promote the transgender agenda.  The entire reason why we want to win back the courts is so they don’t promote social transformation without representation.  Yet, Trump is now codifying it on his own.  While we will continue to defend his courage on immigration, we must demand that social conservatives and even social libertarians are not sidelined by the Marxist cultural warriors.   

 

Key Quotes: 

“What it evidences is the deep and perhaps irremediable corruption of our legal culture’s conception of constitutional interpretation.” ~ Justice Alito

 

“On the evidence, we must conclude, I think, that this tendency of courts, including the Supreme Court, is the inevitable result of our written Constitution and the power of judicial review. Even in the depths of the Warren Court era some of us thought that the Court’s performance, though profoundly illegitimate, could be brought within the range of the minimally acceptable by logical persuasion or the appointment of more responsible judges, or both. We now know that was an illusion. A Court majority is impervious to arguments about its proper behavior. It seems safe to say that, as our institutional arrangements now stand, the Court can never be made a legitimate element of a basically democratic polity.”

 

“Republican Presidents have used the nomination process in an effort to change the direction of the Court with almost zero results on the major issues. After twelve years of Presidents Reagan and Bush, each of whom made a determined effort to appoint Justices who would abide by the Constitution as originally understood, we seem farther than ever from a restrained Court.” ~Robert Bork

 

Show links:

Rep. Ron Desantis’s excellent balanced statement on Gorsuch

7 reasons Neil Gorsuch’s nomination is only the beginning of taking back the judiciary

12 reasons why Federal Judiciary is irremediably broken

What conservatives want and need in a Supreme Court Justice

Fake judges violate 200 Years of Case law by staying Trump’s sovereignty order

Incontrovertible proof that a nation has the right to exclude or deport any foreign national