RBG’s passing is a tragedy for her family. I will agree that she was a force in life and on the court – even though I disagreed with just about every decision she made as a Supreme Court Justice. I will say that she was an unabashed, unapologetic liberal, someone true to her ideology.
And that is my problem with RBG. Ideology has no place on the highest court in the land. Let’s not forget that Ginsberg said she would NOT recommend using our constitution as a basis for new constitutions, she would recommend using the South African constitution as a model, a constitution that could be justifiably termed “Orwellian” for its definition of “equality”.
The South African constitution states:
“To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.”
In other words, it is permissible to reverse the direction of discrimination by discriminating even harder, something progressive leftists love to do.
Later, after stipulating that neither the state nor any person may “unfairly discriminate” against anyone, the section concludes with this Orwellian definition: “Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.”
So, yeah. This is a constitution that legalizes discrimination based on however the government defines “equality”, a progressive’s dream.
Much to the harm of this nation, we have allowed politics and ideology to creep in and make the SCOTUS a powerful consolidation of the powers of all three branches with no checks and balances – a mini government by black robed judges.
Nothing proves this true more than the political fights waged against “conservative” nominees by the left. They look to the courts to enact policies that would never make it through the legislative branch. Antonin Scalia noted that the Constitution “says what it says and doesn’t say what it doesn’t say” – fealty to the actual words of the Constitution would end that cherished leftist practice.
The left will scream about “conservative” justices – but an objective review of SCOTUS decisions will show that such “conservativism” means justices who align themselves with our Constitution.
I see a number of people asserting that no nominee should be put forward before the election, using “tradition” as a reason. “Tradition” in the Senate is as extinct as the T-Rex, the Democrats have seen to that.
One could even go back to the horrible, risible Harry Reid pushing through Obamacare on a technicality and changing Senate rules to eliminate the filibuster of judges as a starting point for the slide toward legislative Hell.
I would propose that the conduct of the Democrats during the Kavanaugh hearing before the Senate Judiciary Committee and the outright attacks on the President for the past four years (the Obama DOJ’s illegal spying on the Trump campaign even before he was elected, the fraudulent Russia “investigation”, the even more fraudulent impeachment farce) prove that the Democrats will burn tradition to the ground to get their way.
Democrat cities are witnessing those pyrotechnics in real life and in real time as their downtowns are looted and burned. We are watching activist judges set us up for disaster as they allow ballot harvesting and counting of votes for up to 14 days AFTER the election – this will go to the Supreme Court and a 4 to 4 vote means that the decision of the lower Court stands.
If you don’t understand by now that the Democrats have burned “tradition” to the ground and the only rule now is that there are no rules, I can’t help you. The Democrats and the progressive left have turned politics into a literal blood sport.
I certainly do not celebrate the death of Justice Ginsberg – only the heartless and unfeeling among us will – but for the sake of returning America to freedom that was won in 1776 and the constitutional republic we were given in 1789 to maintain it, I will not mourn her death either.