The U.S. Supreme Court ruled this week, in Trump v. Hawaii, on the president’s so-called ‘travel ban.’ President Trump, per his constitutionally and legislatively derived authority, determined people traveling into the United States from certain countries present an unacceptable security risk to Americans. That the court recognized the president’s authority is not surprising.
What is surprising, and deeply concerning, is that the court’s decision was 5-4, instead of 9-0. Four of the justices allowed partisan politics and campaign rhetoric to override the U.S. Constitution and applicable statutory text in reaching their decision. Justice Anthony Kennedy sided with the court’s five-justice majority, and his retirement, announced Wednesday, is crucial.
President Trump will nominate a constitutionalist to replace retiring Justice Kennedy; already the president has made his choice. Majority Leader Mitch McConnell vows senate approval of Trump’s nomination before the court’s next term begins in October; Democrats, ironically, allowed this when they neutered the filibuster rule for judicial nominees during Obama’s presidency. The pendulum swings back on America’s establishment Left, as they reap what they’ve sown.
For over half a century, the Left has used the federal judiciary for partisan advantage. When their policy prescriptions failed at the ballot box or in the court of public opinion, they often persevered via judicial fiat. When the U.S. Constitution got in their way, the Left sidestepped it with activist judges prescribing policy, instead of interpreting law. “How very clever,” they thought of themselves.
President Trump will not flinch in appointing judges who faithfully interpret our laws and our constitution, as opposed to concocting the former and ignoring the latter. And Majority Leader McConnell will not squander this monumental opportunity.
As President Trump appoints more judges to the federal bench and the Republican Senate approves them, the establishment Left goes increasingly berserk. Already out of power in the White House and both houses of the U.S. Congress, as well as most state governorships and state legislatures, the Left now sees its cachet ebb with a federal judiciary that once had been their trump card (pun intended).
As if the light bulb just turned on, many leftists proclaim they must take their fight to the ballot box, not exactly a novel concept. Others on the Left want to ‘take it to the streets.’ Indeed, when ballots fail them, one anticipates the Left will become increasingly hostile in both rhetoric and method. As we’re already seeing, and have noted before … this will get ugly.