April 4, 2012

“Impeach the Supreme Court Justices If They Overturn Health-Care Law”

No, really.  This is now an all-out coup being attempted in the midst of what can only be described as a surreal, all-out public temper tantrum.  It’s stunning to watch, frankly.

My concern is, many on the right who live within the Beltway bubble feel that pressure from the organized, vocal left and have a habit of caving to it — provided they can find a rationalization to do so, and provided they can plausibly maintain that they haven’t caved, but in fact  have reached their “living” conclusions by way of considered intellectual rigor.

So while this is all very stunning for me to watch, I hope it comes across that way to the originalists on the Supreme Court, as well.  Caving to this kind of attack won’t create the appearance of an independent court, with “conservative” Justices showing how they are respectful of legislative prerogative and thus gaining the approbation of a liberal media: that’s merely what the left is threatening to deny them should a ruling not get their way, because progressives care only about outcomes, and their characterization of the Court,  in true anti-foundationalist fashion, will follow solely from rulings, with no measure of accumulated grace.

There is nothing to be gained here by a Court straining for a measured political ruling.  And everything to lose.

(h/t IP and sdferr)




Posted by Jeff G. @ 11:18am

Comments (42)

  1. This will put dangerous ideas into the minds of Newsweek and Daily Beast readers. All seven of them.

  2. Remember when it was time to finally get rid of the electoral college because it was obsolete and atavistic?

    Good times!

  3. “You don’t have to pull the analytical thread of that reasoning very hard to see that it boils down to an argument for allowing the poor to die.”

    And one doesn’t have to pull the thread of that argument very hard to see that it boils down to an argument that human beings do not exist.

  4. Oyea, battlespace prep for ObamaCare being overturned is well underway. Just like all the other race/class/sex bullshit they’ve been throwing at the walls. Something will stick, they think.

    Whats funny is that with this latest predictable attack on the Court not doing as they are told by their Progressive Betters is that they just undermined and toss overboard 80 years of claiming the exact opposite; that the USSC is inviolate and sacred. Whats even more funny is that they obviously didn’t consider that when they decide to take that route.

    In their attacks, they have also revealed their very real contempt for Constitutional checks and balances and the rule of law. They compleltly showed their ass, and they didn’t even wipe first.

    With the Alt Media, to include social media, these contradictions are getting openly mocked by people and thus, no traction as a propaganda meme can be gained outside of the leftist bubbles and enclaves. They can’t hide from their stupidity and opportunism anymore. An Army of Davids counter-punches their bullshit continuously. It ain’t 1930 anymore and you can’t just put up a pretty art deco poster of Stalin hugging the Workers and get anyone to take it seriously.

  5. you can’t just put up a pretty art deco poster of Stalin hugging the Workers and get anyone to take it seriously

    Ann Althouse phones to say Stalin looks nothing like Obama, and that you had better not drive her away.

  6. The Daily Beast is indulging in revenge fantasy. This will go no further than a handful of keyboard warriors. However, it wil be interesting to see how Barrykins will try to turn a defeat of ACA in the SCOTUS into a campaign issue given the unpopularity of the mandate.

  7. Why not? The boy king has already destroyed the United States Senate and its traditions of comity and has begun the task of grinding the Roman Catholic Church to dust. What’s a little branch of government over there standing in the way of real progress?

    Barack is the show, and don’t forget it.

  8. I think Althouse missed a few of Obamas multiple personalities. I would not be surprised if he channels his inner FDR and declares the court needs 15 SCJ’s, and will submit the additional candidates to the senate next summer.

    What are you going to do? Call FDR a Marxist radical? HA!

  9. I’ve seen more than one liberal, some of them lawyers, link approvingly to that article.

    The party in power is insane, and the party out of power is smug. It’s as if someone broke McArdle’s Law. Is there anything Obama can’t fuck up?

  10. Bacon?

  11. Oh…there might just be an Earth-shattering kaboom!

  12. Impeach the ones who apply the Constitution; the ones who use South Africa’s Constitution as a model, or who helped craft the health care legislation to begin with? They stay. Along with the wise latina and the living Constitution moron.

  13. My rule of thumb is that anyone who describes him- or herself as wise loses any claim to wisdom. Maybe for life.

  14. Most lawyers I know think the commerce clause is “unlimited and expansive” towards the power it grants the government.

    Of course, anything in writing is unlimited and expansive once a lawyer gets a hold of it.

  15. DOJ is going after Sherrif Joe Arpaio for “human rights abuses” or summat. Sherrif Joe says “Bring it, bitches.”

    Apparently, the DOJ doesn’t believe in reciprical discovery and while the Sherrif’s office has turned over “a million documents”, the DOJ hasn’t given them a copy of their complaint.

  16. The clueless David Dow never mentioned the obvious outcome of his master plan – that when in power, the other side will do the same to not only Dear Leader’s picks on the bench, but all liberal justices.

    So yeah, knock yourself out, dude.

  17. The clueless David Dow never mentioned the obvious outcome of his master plan – that when in power, the other side will do the same to not only Dear Leader’s picks on the bench, but all liberal justices.

    You sure?

  18. You sure?

    Yes, and the threat of the action resulting in a constant pendulum of impeachment/court packing/impeachment is so obvious, is why it isn’t done.

    Of course, as you are intimating the current crop of critters are so craven they couldn’t even manage a good impeachment, I take your point.

  19. the other side will do the same to not only Dear Leader’s picks on the bench, but all liberal justices

    But… but… that wouldn’t be collegial!!!


  20. I love how liberals seem to think a “strong consensus” is passing a bill by 7 votes or a bill having a 38% approval rating.

  21. I’m thinking “Bring it, Jugears!” should become a standard refrain in the Capitol.

  22. I hope their arrogance continues and continues to grow. As many of you point out, the ‘alt’ media will just keep piling it up and waving it all around. By November, perhaps a lot of people will start to take notice and say, “hey, wait a minute…”.

  23. I think too much of that ‘alt’ media will be busy trying to explain why that arrogance works to the advantage of moderate Mitt Romney to fully appreciate the ramifications.

  24. We can always hope, Ernst. It’s why I check in several times a day with sites such as this and weaselzippers, and tell people to check them out whenever a political discussion pops up. Especially the ones who quote “Sixty Minutes” and such.
    I’ve actually racked up a few converts, I’m told.
    Unless they were just humoring me.

  25. President JugEars McFuckstick is simply warning the Supremes to not act ‘stupidly’.

    Or he’ll have to give them a tongue-lashing at the State of the Union Address. Again.

  26. To totally peg your irony meter go to amazon and check out one of Dow’s books written in 2009:

    America’s Prophets: How Judicial Activism Makes America Great [Hardcover]
    David R. Dow (Author)

  27. Heh. Great find, Dave J.

  28. “Impeach the Supreme Court Justices If They Overturn Health-Care Law”

    That would requires passing Articles of Impeachment out of the House and a 2/3 vote to convict in the Senate. Like that’s gonna happen. What are ya gonna do, Occupy SCOTUS?

    What a maroon.

  29. from the amazon summary:
    “America’s Prophets: How Judicial Activism Makes America Great
    fills a major void in the popular literature by providing a thorough
    definition and historical account of judicial activism and by arguing
    that it is a method of prophetic adjudication which is essential to
    preserving American values. Dow confounds the allegation of the
    Christian right that judicial activism is legally and morally unsound by
    tracing the roots of American judicial activism to the methods of legal
    and moral interpretation developed by the prophets of the Hebrew Bible.
    He claims that Isaiah, Amos, and Jesus are archetypal activist judges
    and, conversely, that modern activist judges are America’s prophets. Dow
    argues that judicial restraint is a priestly method of adjudication and
    that it, not judicial activism, is the legally and morally unsound
    method.Race and gender discrimination, separation of
    church and state, privacy rights, and same-sex marriage are all issues
    that have divided our nation and required judicial intervention. Every
    time the courts address a hot-button issue and strike down entrenched
    bias or bigotry, critics accuse the justices of being judicial
    activists, whose decisions promote their personal biases and flout
    constitutional principles. This term, despite its widespread currency as
    a pejorative, has never been rigorously defined. Critics of judicial
    activism properly point out that when judges overturn laws that enforce
    popular norms they thwart the will of the majority. But Dow argues that
    so-called activist judges uphold two other American legal values that
    are as deeply embedded in American legal culture as majoritarianism:
    liberty and equality. He challenges the notion that judicial activism is
    unprincipled, and he provides a vocabulary and historical context for
    defending progressive decisions.”

    Oh how I wanted to leave the first review.

  30. Well, there is Activism! (their kind) and “Activism!” (the Constitutional kind).

    Apply pearl-clutching where needed.

  31. I’m sorry, were the Hebrew prophets interpreting a document with a clear legislative history, one conceived in a Constitutional convention and then ratified by states?


    Then the book is a giant red herring.

  32. I think I read it here first:

    “A coup. Not an administration.”

    Who was that guy???

  33. D’ya’ll see Obama mind reading as a species of the re-birth of Kremlinology? It’s strange, but apparent, it seems to me.

  34. A Ledeen “Faster please” much closer than Iran.

  35. Yeah, that Ledeen piece is just what I’m thinking of, along with Rush’s pass at it, and Levin’s and umpty-ump others. Thing is, Obama pops off with some absurd, stupid or bizarre mouthing in public and everyone is left to wonder, what the fuck is this bastard up to now? And away we go.

  36. The interesting thing about Dow’s piece is that it comes amid repeated statements by liberals that conservatives are scaremongers.

    I mean, in what universe is this decision would be the latest salvo in what seems to be a sustained effort on the part of the Roberts Court to return the country to the Gilded Age NOT scaremongering?

  37. Return of the Gilded Age? Oh, the horror!

    The Gilded Age is most famous for the creation of a modern industrial economy. During the 1870s and 1880s, the U.S. economy rose at the fastest rate in its history, with real wages, wealth, GDP, and capital formation all increasing rapidly. Thick national networks for transportation and communication were created…

    By the beginning of the 20th century, per capita income and industrial production in the United States led the world, with per capita incomes double that of Germany or France, and 50% higher than Britain. The businessmen of the Second Industrial Revolution created industrial towns and cities in the Northeast with new factories, and hired an ethnically diverse industrial working class, many of them new immigrants from Europe…

    The wealth of the period is highlighted by the American upper class’ opulence, but also by the rise of American philanthropy (referred to by Andrew Carnegie as the “Gospel of Wealth”) that used private money to endow thousands of colleges, hospitals, museums, academies, schools, opera houses, public libraries, symphony orchestras, and charities. John D. Rockefeller, for example, donated over $500 million to various charities, slightly over half his entire net worth…

    The end of the Gilded Age coincided with the Panic of 1893, a deep depression, which lasted until 1897 and marked a major political realignment in the election of 1896. This productive but divisive era was followed by the Progressive Era.

    Incredible wealth creation, investment in productive assets, job creation, and private philanthropy — it sends a chill up my spine just thinking about it!

  38. The Kremlin sends out two of its own “experts” to further muddy the water which was becoming too clear.

  39. “I don’t think anything was gained by his making these comments and I don’t think any harm was done,” Mr. Tribe said, “except by public confusion.”

    With his “. . . I don’t think any harm was done,” Professor Tribe generously declines to attribute any vengeful retribution by the Court against Obumble’s position. How very kind of him. I, on the other hand, think the Court may be otherwise inclined (though merely hardening in their prior attitudes, I believe, rather than materially changing them), it being composed of frail human beings and all.

  40. Carney: (The chief spokesman and court lester for the administration de insane “clarifies” for the unwashed masses…)

    “He certainly was not contending—that the Supreme Court doesn’t have as its right and responsibility the ability to overturn laws passed by Congress as unconstitutional…”

    Rosann Rosadana: “….but I distinctly heard him say we have to stop activism….We can’t have jusdes running around making decisions using activisim nonsense….Its just not right….I never in my life saw so much activism in one place and the American people should demand….”

    Chevy Chase:(….ppppssst….Rosa……no…..it’s “acts of vision”, not activism……”acts of vision”….)

    Rosann Rosadana: “What???”

    Chevy Chase:(….the president was complementing the judges in showing courage and vision….”acts of vision” is what he said….)

    Rosann Rosadana:“…………………………”

    Rosann Rosadana:“…….Oh Well, that’s different then………..”

    Rosann Rosadana:“….Nevermind…”

    (Great moments in history; ibid; The Jugears Clown Car journals)

  41. I think the “…ne-ver miiiiind” routine was an Emily Litella thing. Emily Litella was a meek frightenedold lady character who would hear about something and expound on its dreadful dangers until she was near hysteria. Then, at the end of her rant shw would find out that she had heard wrong and she was complaining about something innocuous and then she’d nasally drawl out “….Nevermind. ”

    ” No, those college kids aren’t trying to build the worlds largest navy submarine in Central park for charity Emily, they are building the worlds largest submarine sandwich. There’s no chance of a nuclear accident or provoking the Russians into WW3. It’s just a big sandwich. Meat and bread and vegetables and some condiments. It’s safe. ”

    “Oh…….nev-errrrr miiiiind. ”

    The Rosann Rosanadanna schtick was where Gilda Radner would gross people out while reporting on local interest things while talking REAL LOUD and obnoxiously about those sores on her feet and she’d usually fail to report on the actual topic and fixate on some weird bit like a man who was wearing a stupid hat. I think she was supposed to be a lower middle-class lady of Italian descent who somehow made it onto the TV news and humorously contrasted with the more midwestern reporters but I’m not sure because I’m not a New Yorker and have to guess on most of the 70’s and 80’s NewYork stereotypes.

  42. – All correct.’ Twas Ms Litella, not Rosana Dana. Memory is going down the rat hole….On the other hand….

    Jane Curtin:….”Well Dan, looks like the prez fell asleep again in another cabinet meeting this past week, but then I guess no one would really notice any difference if he was awake anyway.”

    Dan Akroid:…”Jane, you ignorant slut…”