A Post-Scalia America


In all the post-mortem discussion on the future of the Supreme Court, the political maneuvering to reconstitute it (did we just write “re-constitute“?) and so forth, the common denominator is that , even should the Republican Congressional leadership thwart Barack Obama’s desire to finish stacking the Court against The People, it’s going to be nigh impossible to produce another Antonin Scalia.

Some pundits say that it is crucial that the next president (who they hope is a conservative) appoint someone with Scalia’s originalist bent and that may be a tall order. This is 2016 after all, and the US Education system has had 45 years to eradicate originalist thought from most curricula. Finding a purist these days is tough.

Others say it was dangerous to rely on Scalia all these years to, if not save us then at least speak for us. In large part they are right that it shouldn’t have all been left on his shoulders, but the real danger is now. Now that we don’t have him. For he was the real teacher; not Columbia, not Harvard, not Georgetown, not Yale.
For our part, in light of our profound disappointment with Chief Justice Roberts in the Obamacare fiasco known as NFIB vs. Sebelius and then King v. Burwell, and our furor with the flip/flopping bleeding heart named Anthony Kennedy in the Obergfell homosexual marriage case, not to mention the outrageous refusal of the compromised Elana Kagan to recuse herself in that proceeding, we have come to the conclusion that it is time to move on.

It is time to de-elevate the Supreme Court of the United States from it’s lofty and contrived position as the “Because We Said So” gang of nine.

It is time for all of us out here in America to invest some effort and ingenuity into a Tenth Amendment, Nullification and Non-Compliance regimen on the part of the Sovereign States. It may be assumed that the 45th President of the United States will at least be an America-Firster, if not a Constitutional Conservative. Pressure must be placed on him (Carly is out) to get on board with the program, if he is not already amenable to it.
Encouragement must be given to those 25+ states where the governorships and legislatures are already Republican, to follow the example of the rogue states which have declared, for example, that they will ignore EPA regulations intended to decimate the coal industry or to impede the petroleum drilling boom. And those states which have stated they will not observe or comply with new gun control schemes or cooperate with the Feds on same. Dittos on rebuffing the forced implantation of Syrian or other “refugees” within their sovereign boundaries, knowing the propensity for terrorists to infiltrate their ranks and the lack of vetting procedures by our “Homeland Security” apparatus.

We would be remiss if we failed to include here our usual plea for the Congress to take a meat cleaver to the federal judiciary in total, cutting it back by 75-80% and putting a Constitutional/legal firewall around the issues it is allowed to assume are within it’s purview. Wholesale cashiering of federal judgeships and getting rid of several of the regional federal outposts known as Circuit Courts of Appeal, thereby winnowing down what finally makes it’s way to SCOTUS and thus by sheer volume reducing the opportunity for judicial tyranny.

The often talked-about effort to eliminate big chunks of the executive branch federal bureaucracy in Washington is of course a necessary parallel to this. But that is at least humorously suggested in some far right, radical, extremist quarters like, oh, the Chamber of Commerce and the Tea Party once in a while. Nobody ever talks about reining in the judiciary. It’s always living in fear of what the “Supreme Lawmakers of the Land” (the Court, not the Congress) are going to force upon us next, or ginning up some misplaced hope in White Knight jurists emerging to reverse 100-plus years of liberal (leftist) hegemony over our daily lives.
Nino, we hardly knew ye.

    (Sung to the tune of ‘We Shall Overcome’):

” We shall not comply-ay-ay..
We shall not comply-ay-ay…I do believe …
We shall not comply some day….

“We will, we will not comply…
We will, we will not comply….
Deep in my hea-a-art, I do believe…..
We will not comply some day………………

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Poor. No advanced degrees. Unorganized. Feeble. Disjointed. Random. Past it. .... Intrigued, Interested, Patriotic and Lucky.
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February 19, 2016 12:50 pm

Well, Bob, I guess finally Roberts can call it the Roberts Court, for it has always been the Scalia Court til now. In a single lifetime most people are lucky to have a singular figure dominate the face of a Court, and for a quarter century we’ve been fortunate. You’d have to go back to Oliver Wendell Holmes to find a dominant and quotable justice. RIP

February 23, 2016 6:44 pm

Well said Bob. I’m curious where that picture was taken. It appears to be a very somber occasion.