By David Harsanyi
Thursday, December 02, 2021
Even though the SCOTUS ruling on the Dobbs
abortion case is months away, the venerated
congresswoman Alexandria Ocasio-Cortez is already attempting
to delegitimize the institution.
Reminder that Brett Kavanaugh
*still* remains credibly accused of sexual assault on multiple accounts w/
corroborated details & this year the FBI admitted it never fully
investigated.
Yet the court is letting him decide
on whether to legalize forced birth in the US. No recusal.
Of course, “credibly accused” is not any kind of legal
standard, unlike, say, liberal notions about due process and the presumption of
innocence — both of which are regularly denied to political opponents in the
public sphere by the Left. Indeed, there is nothing for the FBI to investigate
because there are no “corroborated details” that sustain Christine Blasey
Ford’s accusations against Brett Kavanaugh. Ford alleged to have “100 percent” certitude that Kavanaugh had assaulted her in
the 1980s, yet she possessed zero-percent memory of any details that could have
substantiated her claim — not even a time nor a place. Every witness the
accuser maintained had been at the suburban Maryland party where the alleged
attack occurred has, under threat of felony, denied knowledge of the assault and
stated they have no recollection of the get-together. This includes Ford’s
then-best friend Leland Keyser. There is not even a witness who could
corroborate that Blasey Ford had ever met Kavanagh.
(Incidentally, it might have escaped AOC’s attention that
there were “credible” sexual-assault accusations leveled against former
president Bill Clinton, who nominated abortion champion Justice Breyer, a man
who also worked for Ted Kennedy. Should all his decisions be retroactively
annulled as well?)
In the hierarchy of “rights,” abortion apparently sits
above all others. In the mind of Democrats, then, originalist justices who may
potentially overturn Roe v. Wade aren’t merely wrong, they’re
nefarious extremists and thus virtually any smear or any tactic is justified in
the campaign to stop them. In this toxic environment, the accused, rather than
the accuser, bears the “burden of proof,” and grifters such as Michael Avenatti are
welcomed on major cable-news outlets to spread their slander.
The groundwork for AOC to delegitimize the Court was laid
by Democratic senators before Blasey Ford or Julie Swetnick emerged and then-senator Kamala Harris
was reading wholly unsubstantiated gang-rape charges against Kavanaugh into
the Congressional Record. There were ludicrous hearings about yearbook
jokes and drunken parties that were only meant to discredit any future
decisions by the Court. Then there were the extraconstitutional standards
Democrats kept inventing. Any nominee of a president who was even “under suspicion”
of criminality — these were the days when Russian collusion was a thing — were
“illegitimate.” Ed Markey argued that the nominee was “illegitimate” because
the president was “all but named as a co-conspirator.”
Ah, the “all but” standard.
CNN’s lascivious chief legal analyst, Jeffrey Toobin, who
has a personal stake in liberal abortion laws, would go on
to claim that “40 percent of the Republican appointees to
the Supreme Court have been credibly accused of sexual misconduct.” Which is a
good reminder that Justice Clarence Thomas was also smeared in much the same
way. Despite hagiographic accounts of the incident, Anita Hill was not a
“credible” accuser either. To this day, no credible person — and Thomas has
had scores of subordinates working for him during his years in
government, before and after his confirmation — has corroborated that Thomas
had acted in the ways Hill described. And yet, Democrats continue pushing the
revisionist histories.
Today, many Democrats demand that Joe Biden pack the
courts and destroy the judicial system, or they threaten justices on the steps of the Supreme Court. “I want to
tell you Gorsuch! I want to tell you Kavanaugh!” Chuck Schumer said last year.
“You have released the whirlwind, and you will pay the price! You won’t know
what hit you if you go forward with these awful decisions!”
Whatever does Schumer mean? And what exactly are justices
supposed to do? Take orders from back-benchers and hyperventilating pundits on
how they should rule?
As John McCormack notes, there is no ex post facto clause in
the Constitution. Kavanaugh was nominated by the duly elected president and
confirmed by the duly elected Senate in the same constitutional manner that
every Supreme Court justice in history has been nominated and confirmed. Even
if you believe that the president’s behavior in January of 2021 was an attempt
“to overthrow the U.S. government,” that has absolutely no bearing on the
appointments he made in the years 2017, 2018, and 2020.
And AOC’s parenthetical comment about Trump being
“elected via minority” is either another extraconstitutional demand or a sign
that the congresswoman is simply unaware that presidents have never been
elected by the majority, but rather by the Electoral College. Considering the
source, either could be the case.
Furthermore, AOC’s assertion that overturning Roe
v. Wade would necessitate “forced birth” — a new talking point among pro-abortionists — is both
factually wrong and morally repugnant. Increasingly, progressives talk about
pregnancy as if it were a gruesome affliction and unborn children as if they
were malignant tumors. Whatever the case, a world without Roe would
merely allow voters to decide when lethal force can be used against the unborn
— because the issue has nothing to do with the constitutional law.
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