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Friday, October 16, 2020

Thoughts on Judge Amy Coney Barrett, Kamala Harris, and Joe Biden

There is so much ado over President Donald Trump’s nomination of Judge Amy Coney Barrett to the U.S. Supreme Court.

She is a devout Catholic. That seems to send pangs of fear through some Democrats. Well, former President John F. Kennedy was a Catholic. The late Justice Antonin Scalia was a Catholic. And House Speaker Nancy Pelosi and Democrat presidential nominee Joe Biden are also Catholic.

More to the point, Article VI, Clause 3 of the United States Constitution says: "… but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

So, whether she is Catholic or a non-believer is irrelevant to appointment to the Supreme Court, or any federal position.

In nominating her, Trump did what the Constitution provides for the sitting President of the United States. None of the complaints about him making the nomination are mentioned, or even loosely alluded to, in the Constitution. What he did is exactly right, and follows much precedent.

The late Justice Ruth Bader Ginsberg’s dying wish is not part of the Constitutional process, and the American people are getting to have their say on who gets to make the nomination for her seat, as they elected Donald Trump for a full four-year term, which is not yet over.

Opponents are worried that she will overturn Roe v Wade, or the Affordable Care Act. But this concern is misplaced.

As an originalist/textualist, she follows the written intent of the Constitution and the laws, as judges and justices are supposed to do. Barrett will merely rule on the legality/constitutionality of any measures that come before the Court, including those.

Hopefully, in the confirmation hearing just getting underway, the character assassins who eagerly attended the confirmation hearing of the last Trump nominee, Judge Brett Kavanaugh, and trashed his character and his honor, and those that provided the “high-tech lynching” of Clarence Thomas years before, will be infected with good conscience, decency and civil respect for Barrett and the Constitutional process being followed.  

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So, Kamala Harris ran for the Democrat nomination for president, but was only an also ran, and is now the Democrat nominee for vice president. Before being elected to the U.S. Senate, she was a prosecutor and California attorney general, and prosecuted people in court for violent crimes.

Yet, in the vice presidential debate with current Vice President, Mike Pence, he has been criticized for not treating her appropriately, for — gasp — “mansplaining!” Instead of treating her like a little girl, a delicate flower, Pence spoke to her like an adult.

Not the least of reasons Pence spoke to Harris like she is an adult and not a little girl is her penchant for saying things that were not true. Like the fairytale about President Lincoln foregoing a Court appointment near an election because it was “the right thing to do.”

So, is Harris up to the job? Or not? If she needs to be protected from the kind of opposition a male nominee would — and should — experience, perhaps she’s not ready for the job. Will Vladimir Putin, Kim Jong-un and Xi Jinping give her the break a female apparently deserves, should she have to deal with them?

* * * * *

One thing nearly everyone recognizes is that former Vice President Joe Biden’s campaign has been riddled with oddities. It now appears that Biden has been involved in collusion. You remember collusion? The long, expensive investigation by Congressional Democrats into Trump’s imagined irregularities with Russia that found nothing?

When the Affordable Care Act was before the House of Representatives in 2010, Speaker Nancy Pelosi made the completely absurd comment to the American people that “We have to pass the bill to find out what’s in it, away from the fog of controversy.” Well, fog or no fog, we don’t pass bills in the U.S. Congress so that the people will be able to know what is hidden inside them. That happens before the votes are taken.

Apparently, Biden has colluded with Pelosi and has made the equally absurd decision to refuse to answer whether or not he will attempt to pack the U.S. Supreme Court with activist judges if he is elected, so that it will be easier to control everything the government does or does not do.

A reporter asked Biden, “Well, sir, don’t the voters deserve to know…?” He replied, “No, they don’t.”

He’s wrong, of course, but he’s also walking a narrow plank: don’t offend the radical Democrat left by saying he won’t pack the Court; don’t offend the others by saying he will.

Some Democrats hint that if they win the election and control the White House and Congress, they will pack the Court, abolish the Electoral College, eliminate the filibuster that protects the Senate from the tyranny of the majority, and perhaps add two more states to the Union to increase the number of Senate Democrats.

These measures will transform the nation into a chaotic mess that is the opposite of the ordered republic that our Founders created. That cannot be allowed to occur.

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