Supreme Courts are defined by their decisions and decision makers. While each member of the court fulfills a vital purpose in adjudicating the parameters of what is legal in our democracy, those that form the swing vote are often the center of national attention- for better or for worse. Justice Anthony Kennedy was a conservative judge who often swung to the side of the more liberal judges on various landmark decisions. From same-sex marriage to abortion, Kennedy surprised the right wing posterity for a measured response to the rising tide of progressivism among our electorate. His choices were steeped in critical constitutional analysis and an eye for strict adherence to argumentation over emotion and partisanship. For that and more, he was an extremely influential and dignified Justice of the Supreme Court of the United States.
But now we as a nation stare down a long corridor. This corridor is a rotating gauntlet of extreme media scrutiny and a litany or carousel of candidates destined to be vetted by the MSNBC’S and Fox Newses of the world, all of this intended for the purpose of either stopping or expediting the process of selecting the Judge who will replace Kennedy. Kennedy was a conservative that burdened his political brethren by not showcasing the obedience and dogmatism of a Justice Scalia or the silent resolution to conservative causes as they evolved like Justice Thomas. As the right wing has since its amalgamating of evangelicals, fiscal conservatives and moral activists during the inception of the Southern Strategy of the Nixon Campaign, its disapproval of same sex marriage and abortion has been apparent fervently throughout the tides of our national politics. But as these two issues have seemingly become more offensive to conservatives as they have become closer to being legal, conservatives expected Justices nominated by Republican presidents to “toe the party line”.
“From declaring the Mexican immigrants are “rapists” to reportedly calling Third World countries “shitholes”, Trump is far too comfortable with being the face of the new American Jingoism- loving the adoration and praise of militants, militarist hawks, anti globalist nativists and of course the global corporate backers that advantage themselves gluttonously off the votes and rallys of the populists that won the Donald his election.”
That is why many of Justice Kennedy’s deeds and the milestone decisions that he contributed to may be under more threat than we have seen any major issues since segregation by Brown v. The Board of Education. Back then, segregation was the controversy of the day and its death knell by SCOTUS decision making was the dream of legends of the civil rights cause and a coalition of risk taking politicians, including the then President , Dwight D. Eisenhower. The country was divided based on whether they were pro or anti segregation and it being determined unconstitutional affected every person in this country. Today, same sex marriage and abortion divide people in much the same way and while people may be more affected in SCOTUS decisions that regard travel bans, wall st. and campaign financing, abortion and same sex marriage have become like vines on a rustic homes outer wall. Its reach has cleverly found its way into the water cooler talk at every office, into our places of worship and the friends we care for or the enemies we deeply disagree with. It is the new color line and it may be facing a Trump Justice.
Anyone that Pres. Trump nominates will reflect his keen knack for patterning himself after the desires of the most politically rigid and bigoted in his party. From declaring the Mexican immigrants are “rapists” to reportedly calling Third World countries “shitholes”, Trump is far too comfortable with being the face of the new American Jingoism- loving the adoration and praise of militants, militarist hawks, anti globalist nativists and of course the global corporate backers that advantage themselves gluttonously off the votes and rallys of the populists that won the Donald his election. It would not be strange at all to “assume” and i use that word with all sarcasm, that each Judge Trump will nominate will presumably reflect him. It will be unprecedented, in my estimation, just how much these Judges will emulate a president in tone, style and media presence. We will not be getting a conservative who votes like a moderate. We will be getting a conservative that votes like our president would if he could vicariously live out his days as the President and as a Justice. Through who ever is eventually confirmed given the Republicans have all the 51 votes they need to confirm any nomination Pres. Trump will extend his influencer into the posterity of future administrations to come.
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