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Trump wins again.

Trump does it again!!

Trump has announced Brett Kavanaugh as his choice to replace retiring Supreme Court Justice Anthony Kennedy.

In announcing it, Trump showed that he, Trump, knew more about what law is than dozens of commentators who are picking and praising his nominee.

He said, “Other than matters of war and peace, this is the most important decision a president can make,”The rule of law is our proud, American heritage.”

“In keeping with President Reagan’s legacy, I do not ask about a nominee’s personal opinions. What matters is not a judge’s political views, but whether they can set aside those views to do what the law and the Constitution require,” he continued.

That is it in one sentence. Will the judge do what the law and the Constitution asks him/her to do?

That American Constitution is like a Declaration of the Rights of Man – it is a declaration of free speech, of general liberty to go your own way, to make your own decisions, of the right to arm yourself in the event of politicians trying to take those rights off you.

And the ‘law’ that Trump speaks of as being a twin to the Constitution is the law made by the representatives of the voters.

Here in Australia, by and large, the courts may disagree with a law, it may be out of date, or more suited for time when the fastest thing on the road was a horse. They can see how inappropriate it is, but when they come to decide, they stick with the law as passed by parliament. They give a virtual shrug of the shoulders and say “That’s the law, you want to change it? Get Parliament to do it.”

Not so in the United States. On their Supreme Court there is a constant friction between judges who know what is best for us, and judges who say it is not in their job description.

They are sometimes described as touchy-feely judges as against black letter judges.

And doing the touchy-feely bit they have brought down hair-raising decisions as in Buck v Bell where a young woman alleged to be dim-witted was forcibly sterilised. “Three generations of imbeciles is enough” said the famous Judge Oliver Wendell Holmes.

This decision meant that, for the public good (as they saw it) public servants could restrain liberties. If they could do it for the mentally handicapped they could do it for the physically handicapped, they could do it for long term criminals, they could do it for abortion.

Which is what they did in Roe v Wade. The constitution guarantees life to every person, the court upheld that was the constitution, but they couldn’t be sure that a foetus was a person within the meaning of the law! So the baby was aborted.

Mind you, Roe v Wade was done when the prevailing view was that a baby in the womb was incapable of feeling, and was no more than a bit of protoplasm. The defence had no real expert evidence for the judges to go on and the applicants just made the claim without contradiction.

So what Trump has said is profound. Congress makes the law. Not an un-elected court.

He gets it, and he has appointed now two men who have the same idea. They apply the law as decided by Congress, not their personal whimsy.

It is significant that Kavanaugh, when nominated, said, “The framers [of the Constitution] established that the constitution is designed to secure the blessings of liberty. I revere the Constitution.”

It was Trump’s call. It was his responsibility. He may have made a poor choice, he may have made a great one. But he used the right criteria.

And, personally speaking, he has righted the ship of state.

UPDATE. PR shops were working overtime flacking for and against Trump’s choice.

However, one organization that was not working overtime was the hyper-left-liberal Women’s March.

The demented Trump haters blasted out an email to reporters and supporters slamming Trump’s nominee as part of a “patriarchal” and :white supremacist” agenda. What you would expect.

Only one problem: They hadn’t waited to get the actual name of the nominee. The copy sent to hundreds of journalists just included an “XX” where the name of the justice should be. In the same blast which mentioned all the possibles, ‘Kavanaugh’ is spelled wrong – with a ‘C’ instead of a ‘K.’

The group corrected later in the evening – sending an”UPDATED” version that was identical, with Kavanaugh’s name spelled correctly and in the place of the “XX.”

The move demonstrates how viscerally against the pick many on the political Left would be – it wouldn’t have mattered if Trump had chosen a woman communist, climate-change, compulsory abortion, freak; they would have dissed it.

{ 10 comments… add one }
  • Graham Richards 11/07/2018, 7:12 am

    Comments about Trump are really no longer necessary. I know he will do the right thing & as long as the lefties are weeping & wailing we all know he’s on the right pathway.

  • luk1955 11/07/2018, 7:40 am

    We have the most wonderful Constitution in the “free” world yet few Aussies know about it, or refuse to educate themselves about it. Preferring instead sick reality shows.

  • Penguinite 11/07/2018, 9:02 am

    Why are a couple of The Australian writers (Sheridan, Onselen and Kelly) still denigrating the Trump. Must be “Never Trumpers”? They don’t even have the good grace to acknowledge that the majority of Americans (sans illegals) are behind him. It all seems a bit harsh because Trump’s immediate predecessors were too busy greasing their own wheels to worry about the country.

  • Neville 11/07/2018, 10:16 am

    All this bitching and moaning, and gnashing of teeth, and mouth-frothing bile etc … anyone would think these people somehow believe Trump is President of Australia!!
    S’got nuffin to do with them, us, or the rest of the bloody planet – he’s the elected leader of Some Other Country than Oz. So WHY are they so off their trollies?
    (Hint: coz his actions show them up, coz his principled stand on so many issues affects, nay, counters the world-wide lurch to the left that’s been going on since about 1920-odd.)

  • Joe Blogs 11/07/2018, 11:03 am

    Trump’s and Kavanaugh’s speeches were terrific.

    As for the screeching catastrophists – https://www.youtube.com/watch?v=vtSmfws0_To

  • Clarion Call 11/07/2018, 2:12 pm

    OMG. Trumpy (bless his heart) has done it! His SCOTUS choice has the left’s collective heads exploding all over the place. How dare he appoint someone, a constitution-loving judge, to this position of power. They want a judge who interprets the law according to the socialist creed. Nobody else will be acceptable. The Donald has just primed a bomb the size of Staten Island. Just wait until it explodes. Congress then will rival some of those Parliaments in Asia and South America where mass punch-ups are normal. This is heaven on a stick. Suck, suck, lick, lick….

    • Joe Blogs 11/07/2018, 7:31 pm

      No need to bring Gillard into this, CC.

  • Graham 11/07/2018, 4:57 pm

    I think Supreme Court judges last until they fall off the perch (irrespective of which party is in government) so this has the potential to set the scene for a generation. Also, I believe 2 of the remaining judges are 80 & 81 so you never know Trump may have an opportunity to cement his choices further.

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