TRUMP EXPECTED TO QUICKLY NOMINATE AND THE SENATE TO QUICKLY CONFIRM NEW SCOTUS JUSTICE
RADICAL LEFT DEMOCRATS AND MARXISTS IN PANIC MODE
Note to our readers: This is substantive update, September 24, 2020, of article posted on September 22, 2020.
“ ‘As worrisome as this conservative court is for progressives right now, it can get a whole lot worse if Trump gets the chance to nominate another justice,’ said Brian Fallon, the head of Demand Justice, a liberal group. ‘Justice Ginsburg’s resilience is utterly remarkable, but hoping for her continued good health is not a sufficient strategy for Democrats. We need to rally around the Supreme Court as an issue and win this election.’”
Demand Justice, in concert with several other leading liberal groups, recently began a $2 million advertising campaign in key presidential election states trying to persuade voters that the direction of the court will be set for decades in the coming election.” Citation from a New York Times article, published on July 17, 2020, titled, “Ginsburg Says Her Cancer Has Returned, but She’s ‘Fully Able’ to Remain on Court.”
JUSTICE GINSBURG’S DEATH, SEVERAL WEEKS BEFORE THE MOST IMPORTANT U.S. PRESIDENTIAL ELECTION IN OVER ONE HUNDRED YEARS, IS AT ONCE TRAGIC AND PROPITIOUS BUT SHOULD COME AS A SURPRISE TO NO ONE
A BIT OF RECENT HISTORY CONCERNING THE LATE JUSTICE RUTH BADER GINSBURG
Back in May 2020, the Leftist weblog Politico reported on activist Justice Ruth Bader Ginsburg’s dire health and what it would mean if anything untoward happened to her before the General election in November:
“Justice Ruth Bader Ginsburg’s hospitalization this week and the looming end of the Supreme Court’s term raise the prospect of yet another prized vacancy for President Donald Trump. And if there is a surprise opening or retirement in the months before the presidential election, GOP senators plan to act on it, despite denying President Barack Obama a Supreme Court seat in an election year.
Republicans say they wish Ginsburg a swift recovery and have no inside knowledge of a retirement but are prepared to move if a vacancy presents itself.
So in what’s already been the most consequential year for politics in a generation, with a presidential impeachment and a rampaging pandemic, Capitol Hill could get significantly crazier.
‘If you thought the Kavanaugh hearing was contentious this would probably be that on steroids,’ said Sen. John Cornyn (R-Texas). ‘Nevertheless, if the president makes a nomination then it’s our responsibility to take it up.’
In 2016, Senate Majority Leader Mitch McConnell (R-Ky.) said voters should decide in the election which president should choose the next Supreme Court justice because the Senate and White House were controlled by different parties. And in the Trump era, he’s repeatedly asserted that he would fill a vacancy in 2020.
McConnell and his allies argue the situation is different because Republicans control both the White House and the Senate. They say that makes the situation far different than when Obama was president and McConnell refused to even hold a hearing for Merrick Garland.
Democrats acknowledge they could get run over in the next eight months. Supreme Court nominees can now be confirmed by a bare majority after McConnell changed the rules in 2017 to overcome a Democratic filibuster of Neil Gorsuch, Antonin Scalia’s successor.”
Subsequently, in July of 2020, the public learned that Ruth Bader Ginsburg, who had been battling aggressive cancer for years, had a flare-up. CNBC reported,
“ ‘Supreme Court Justice Ruth Bader Ginsburg was admitted to the hospital early Tuesday morning,’ the Supreme Court said. ‘She is being treated for a possible infection.
‘The Justice is resting comfortably and will stay in the hospital for a few days to receive intravenous antibiotic treatment,’ said court spokesperson Kathleen Arberg in a statement Tuesday. . . .’ Ginsburg has survived colon cancer in 1999 and pancreatic cancer 10 years after that. She was treated for a tumor on her pancreas in August 2019. And in December 2018, she had two cancerous nodules removed from her lungs.”
Recall that, in January, 2020 Ginsburg announced, as reported in health line, referring to an interview she gave to CNN, that she is “cancer-free.”
Eight months later Ruth Bader Ginsburg was dead,* as reported by numerous news sources.
And, with the death of Justice Ginsburg, one and a half months before the most important U.S. Presidential election in recent decades—and conceivably the most important election since the founding of the Nation—the worst fears of the malevolent, malignant, ruthless, powerful, immoral, repressive forces both here and abroad that seek to upend our independent sovereign Nation and a free Constitutional Republic have come to fruition.
In the next several days Trump will nominate Ginsburg’s replacement—his third nomination since he took Office. That he will do so isn’t guesswork. It’s a foregone conclusion. It is also a foregone conclusion that, whatever the Democrat Party leadership and Administrative State saboteurs and Radical Left George Soros financed destructors of our Nation have concocted to disrupt and waylay confirmation of Trump’s nominee—and have no doubt, they had made contingency plans in the event of Ginsburg’s death prior to the November election—there isn’t a damn thing these Anti-Constitutional, Anti-American forces can lawfully do to prevent a confirmation hearing and vote on Trump’s nominee, other than do what they have been doing for months: rioting, looting, ransacking, firebombing, threatening the populace, and destroying, killing, and maiming. And, there will be a backlash; no doubt about it. The public has had more than enough of this dangerous nonsense, and will not be placated by claims that all will be well once the senile Biden and the crass opportunist, Harris, take control of the Executive Branch of Government. Extortion doesn’t work against Americans. It doesn’t sit well in the American psyche or in their blood.
WHY GETTING A STRICT CONSTITUTIONALIST ON THE U.S. SUPREME COURT BEFORE THE NOVEMBER 3, 2020 ELECTION IS CRITICAL
Unless the election results in a landslide for Donald Trump or for the Democrat Party nominee, Joe Biden, assuming Biden doesn’t suffer a stroke or other health-related calamity at the Eleventh Hour, in which case Harris will step in as Biden’s replacement, the coming U.S. Presidential election will be contested. That isn’t mere conjecture. It is certain.
In fact, even if President Trump does win the election by a landslide, the American public can expect Democrats will contest the election results anyway. The obnoxious, repugnant, disgruntled, arrogant, smug Democrat Party nominee for U.S. President in 2016, Hillary Clinton—ever harboring a personal grudge against Donald Trump for dashing her hopes to be the first female U.S. President, a thing she literally lusted over—made that point quite recently, as reported by several news sources. Fox News, for one, reported that,
“Hillary Clinton issued a warning for Democratic presidential candidate Joe Biden in a new interview released Tuesday, urging the former vice president to not concede defeat on the night of the Nov. 3 election — no matter the circumstances.
“Joe Biden should not concede under any circumstances,’ Clinton said. ‘Because I think this is going to drag out, and eventually, I do believe he will win, if we don’t give an inch and if we are as focused and relentless as the other side is.’”
But, by the same token, President Trump, should not concede the election results either. His loss of the U.S. Presidency, and the loss of the U.S. Senate in November, will mark the end of a Free Constitutional Republic; will doom the Nation’s Bill of Rights, will doom the sovereignty of the American citizenry, and will result in the inexorable loss of an independent Nation State.
But make no mistake, the ruthless, rapacious, scheming internationalist Marxists and Billionaire Neoliberal transnationalist elites, both here and abroad, through their well-positioned puppet, the Democrat Party Leadership—have pulled out all the stops to take over the Executive Branch along with the U.S. Senate. The Billionaire Globalist elites, including ex-New York Mayor Michael Bloomberg and the secretive, mysterious, pathological Billionaire George Soros, have spent tens of millions of dollars, and continue to spend untold millions of dollars, to buy this election. Their intention is clear: a return to the Globalist agenda, one commenced decades ago—and one that has gathered steam ever since through the administrations of Bill Clinton, George H.W. Bush (George Senior), George W. Bush (George Junior), and Barack Obama—an agenda that came to an abrupt, screeching halt, with the surprising election of a Populist, Donald Trump, to the Office of U.S. President in 2016. For Globalists who have championed the continued erosion of the very concept of independent, sovereign nation-states, the worst thing imaginable for them would be the election of a man who supports strengthening the U.S. as an independent, sovereign Nation-State; who supports the wresting of control of foreign and domestic policy-making from unelected bureaucrats; who has worked tirelessly to halt the erosion of our Civil liberties and fundamental, immutable, illimitable, natural rights; who has emphasized the singular importance of our Nation’s Judeo-Christian ethics; who seeks to preserve the foundational juridical, cultural, historical and economic precepts of our Nation, and the sanctity of the Individual soul over recent Collectivist impulses that have denigrated individual thought and expression and that have sought to sow disharmony and dissension throughout America; a man who cherishes our sacred National symbols, and who seeks to preserve and protect them from those scurrilous elements that denigrate them and discourage their continued use; a Nation’s leader who demonstrates his singular love and devotion and duty first and foremost to our Nation, to our Nation’s Constitution, and to our Nation’s people.
All that President Trump has accomplished and has sought further to accomplish to benefit our Nation and our people that are encapsulated in his campaign slogans, “Make America Great,” and “Keep America Great”—slogans that are routinely treated like obscenities by the disloyal Marxists and neoliberal transnationalist elites—will likely be lost forever, if Trump loses the U.S. Presidency and if Republicans lose control of the U.S. Senate, in November. In the immediate aftermath of a Trump loss, this Country may very well devolve into Civil War—a clash between Americans who seek to retain the Nation’s culture, history, legal, social, political, religious, and economic precepts, consistent with and as embodied both literally and tacitly in our Nation’s enduring Constitution, and those Anti-American forces both here and abroad that seek to erase all of it.
Ultimately, this election will likely be decided—must needs be decided—in the U.S. Supreme Court. A fair assessment of the General Election results will require fair and impartial U.S. Supreme Court Justices. The public may anticipate a fair assessment from Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and from President Trump’s new nominee, once confirmed—certainly someone who fervently respects our Constitution as written, and whose loyalty and interest exists in preserving our Nation’s Constitutional foundational framework. Americans may not likely expect a fair assessment of the General Election results from the liberal-wing of the Court, as their goal is to rewrite the U.S. Constitution as the liberal-wing, having taken its cue from their late leader, Ruth Bader Ginsburg, does not perceive the U.S. Constitution as a document beyond reproach, but something that can and should be tinkered with, thereby acknowledging less than a firm conviction in the sanctity and inviolability and immutability of our Nation’s Constitution.
Recall the late Associate Justice’s words in a 2012 2012 interview with Egypt’s Al Hayat TV, as reported by Real Clear:
“ ‘You [referring to the Post-Mubarak Egyptian Government that was looking to the U.S. Constitution as a possible framework for its Nation’s governance] should certainly be aided by all the constitution-writing that has gone one since the end of World War II. I would not look to the US constitution, if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary. . . . It really is, I think, a great piece of work that was done. Much more recent than the US constitution – Canada has a Charter of Rights and Freedoms. It dates from 1982. You would almost certainly look at the European Convention on Human Rights. Yes, why not take advantage of what there is elsewhere in the world?,’ Supreme Court Justice Ruth Bader Ginsburg said in an interview with Al Hayat TV in Egypt. ’ ”
One might well have asked Justice Ginsburg, how human rights are to be guaranteed from the tyranny of Government, the inevitable danger of which our Nation’s founders knew first-hand, in the absence of a well-armed citizenry?
So, then, as the late Justice Ginsburg obviously emulated and found the Constitution of South Africa superior to ours, the incongruity of her remarks emerges eight years later as a manifestation of unholy and horrific, crushing events transpiring in America today—courtesy of rabid Marxists, whose brutal and incessant rioting and mayhem are all lovingly financed by Billionaire Neoliberal Globalists, like the cold-blooded, cold-hearted George Soros. Since these Marxists and Neoliberal Globalists see the foundational tenets of a free Constitutional Republic incompatible with their goal of a one-world social, political, economic, cultural, and juridical scheme, they intend to cut the legs out from under the Constitution that the framers fashioned and concoct a completely new fabric upon which to dress up the vestiges of the United States that they deign, perhaps, to keep.
The integrity of the 2020 U.S. Presidential election is disturbingly very much in doubt, given the recent vote-buying antics of Michael Bloomberg and widespread vote-tampering possible through the vehicle of vote-harvesting fraud among other instances of election fraud, all likely to be compounded exponentially through the mechanism of millions of unverified mail-in votes. Even Progressive National Public Radio, NPR, has acknowledged that an extraordinarily high number, 550,000 mail-in votes have already been rejected so far, even as NPR chooses to discount the significance of that fact. It cannot be reasonably denied that ruthless Marxist and Neoliberal Globalist forces are determined to prevent Donald Trump from serving a second term in Office. It is, therefore imperative that President Trump do everything in his power to ensure the integrity of the upcoming election. Sitting a Ninth U.S. Supreme Court Justice on the Bench, prior to and not subsequent to the election, will definitely help to ensure a fair election, as a majority decision, whether 9-0 (most improbable) or 5-4 (most likely) will decide whom the public will see as U.S. President on Inauguration Day, January 20, 2021.
Without an odd number of U.S. Supreme Court Justices serving on the Bench on the day of the election, the High Court will likely not be able to decide the election when the issue of who actually won the election comes to the High Court, which it will, if the election is a contested one, as it most likely will be, unless Americans witness a landslide for one Party candidate or the other. A 4-4 result will get us nowhere, and may lead to all out civil war, as each side claims victory.
We anticipate that, once Trump has made his selection, Lindsey Graham, Chairman of the Senate Judiciary Committee will quickly convene and vote to send Trump’s nominee to the full Senate for a confirmation hearing. We anticipate that the Senate Majority Leader, Mitch McConnell, will run the confirmation hearing expeditiously and, with a Senate Republican Majority, the Senate will confirm Trump’s nominee posthaste.
Those Senate Republicans who vote against confirmation of Trump’s nominee to sit on the High Court be damned!
AMY CONEY BARRETT: A PROVEN PRO-SECOND AMENDMENT JURIST
BOTH PRO 2A AND PRO-LIFE, JUDGE BARRETT WOULD STRENGTHEN OUR BILL OF RIGHTS, PRESERVE OUR FREE CONSTITUTIONAL REPUBLIC, AND KEEP AMERICA GREAT
The seditious Press has devoted substantial time analyzing and ruminating on Trump’s U.S. Supreme Court list of potential candidates and will continue to do so up to the point of his selecting someone.
Almost certainly, Trump will nominate a woman to replace the late vexatious liberal-wing Associate Justice, Ruth Bader Ginsburg. And, that nomination is imminent.
The current consensus is that Amy Coney Barrett, who presently serves as a Judge for the U.S. Court of Appeals for the Seventh Circuit, will be that person, as she is the front-runner.
Judge Barrett is young, personable, and extremely bright. When analyzing and deciding cases, Judge Barrett applies the methodology of the late eminent Justice Antonin Scalia, for whom she clerked after graduating from Notre Dame Law School, fist in her class, Summa Cum Laude.
President Trump nominated Barrett, on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit.
Consistent with the methodology employed by the late Associate Justice Antonin Scalia, her brilliant mentor, Judge Barrett construes the Constitution in strict accordance with its original meaning. In that respect Barrett is Ginsburg’s polar opposite.
Justice Ginsburg, unlike Judge Barrett, unabashedly and unashamedly interposed her own personal predilections into case analysis. Those predilections invariably informed her decisions, eroding the fundamental rights and liberties upon which a free Constitutional Republic and a sovereign people rest.
The attacks against Barrett coming from the Radical Left seditious Press have just started. Indeed, they have been ongoing for some time.
The seditious Press has constantly slammed Barrett’s stance on abortion. That remains its main concern and that, too, of the Radical Left. They haven’t attacked her yet on her jurisprudential approach to deciding Second Amendment cases, but that is almost certainly coming. The Arbalest Quarrel has wondered about that: What is Barrett’s stance on the Second Amendment? Fortunately, we have more than a mere clue, we have verified proof of her position, and that proof is consistent with her jurisprudential, methodological approach to case analysis. Judge Barrett is a firm Constitutional originalist and textualist, in the mold of her mentor, the late eminent Associate Justice, Antonin Scalia.
A fairly recent Second Amendment case, Kanter vs. Barr, 919 F.3d 437 (7th Cir. 2019), in which Judge Barrett took part, provides us with a definitive answer.
The Plaintiff in Kanter had pleaded guilty to one count of mail fraud, a non-violent crime.
“Due to his felony conviction, he is prohibited from possessing a firearm under both federal and Wisconsin law. At issue in this case is whether the felon dispossession statutes—18 U.S.C. § 922(g)(1) and Wis. Stat. § 941.29(1m)—violate the Second Amendment as applied to Kanter.”
Upon his release from Prison, and payment of restitution, Plaintiff applied to the Attorney General for relief from disability so that he could exercise his Second Amendment right to keep and bear arms.
The 7th Circuit Court Majority pointed out that, “. . . the Attorney General may remove the prohibition on a case-by-case basis if an applicant sufficiently establishes ‘that the circumstances regarding the disability, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.’”
The particulars of Kanter’s felony conviction, as set forth by the Court Majority that decided against Kanter, are as follows:
“On May 24, 2011, Kanter pleaded guilty to one count of mail fraud under 18 U.S.C. § 1341 based on a shipment of the noncompliant inserts to a podiatrist in Florida. Section 1341 carries a maximum penalty of twenty years in prison and a $250,000 fine.
Kanter was sentenced to one year and one day in prison and two years of supervised release. He was also ordered to pay a criminal penalty of $50,000, and he reimbursed Medicare over $27 million in a related civil settlement.
On May 24, 2011, Kanter pleaded guilty to one count of mail fraud under 18 U.S.C. § 1341 based on a shipment of the noncompliant inserts to a podiatrist in Florida. Section 1341 carries a maximum penalty of twenty years in prison and a $250,000 fine. Kanter was sentenced to one year and one day in prison and two years of supervised release. He was also ordered to pay a criminal penalty of $50,000, and he reimbursed Medicare over $27 million in a related civil settlement.
Kanter has since served his time and paid his criminal penalty, and he has not been charged with any additional criminal activity. However, because of his felony conviction, he is permanently prohibited from owning a firearm under federal and Wisconsin law.
Kanter has since served his time and paid his criminal penalty, and he has not been charged with any additional criminal activity. However, because of his felony conviction, he is permanently prohibited from owning a firearm under federal and Wisconsin law.”
The Constitutionality of the Wisconsin law was placed squarely in question. The lower District Court found against the Plaintiff because of his felony conviction and irrespective of the fact that he had served out his sentence and paid full restitution.
Two of three of the Appellate Court Judges, the majority, who ruled against the Plaintiff Petitioner, Kanter, framed the issue as a question whether individuals who have been convicted of non-violent felonies, no less than those who have been convicted of violent felonies, fall within a class of individuals who can never enjoy their Second Amendment right to own and possess firearms.
Why the Court majority framed the issue in this way is perplexing since the majority never bothered to formulate an answer to it or a resolution of it. This suggests that the Court had tacitly accepted as a given that citizens should never, can never, be absolved of their past misdeeds, regardless of the nature of their crimes, grounded, therefor, on the mere assumption that a convicted felon can never and must never be perceived as rehabilitated or capable of rehabilitation, at least, as to matters apropos of the Second Amendment, namely, matters pertaining to firearms ownership and possession. The Majority, thereupon concludes that felons remain, forever, a threat to public safety.
Having tacitly decided that the Plaintiff Petitioner cannot lawfully own and possess firearms even though, as the Court Majority was compelled to acknowledge, Kanter had paid his full debt to society, the Court pretended to employ a balancing test as between non-violent convicted felons who had paid their debt to society and who subsequently wish to exercise the unalienable right of the people to keep and bear arms, on the one hand, and the State’s desire to promote public safety by keeping guns from the hands of Americans whom the State deems to be—by the very fact of a prior felony conviction—violent felony or non-violent felony notwithstanding—a perpetual threat to society, essentially, then, wholly beyond redemption, at least in the eyes of the Court.
Applying that bald, unsupported assumption to Kanter, the Court said, “Categorical prohibitions on the possession of firearms by felons are ‘presumptively lawful,’ even in disqualifying nonviolent felons like Kanter.”
The Court thereupon determined that the government had met its burden in denying Kanter the right to own and possess firearms, even though the government really had not, asserting, nonetheless, that the government has shown that prohibiting even nonviolent felons like the Plaintiff Petitioner, Kanter from possessing firearms, is substantially related to its interest in preventing gun violence. The reader should note that the expression, ‘substantially related to an important Government purpose,’ is a court created intermediate scrutiny means balancing test. The Heller Court, in 2008, had considered the tenability of means balancing of interests between a fundamental right a person’s interest in exercising a fundamental right, and the State’s interest in precluding a person from exercising that fundamental right on the basis of some presumed State desire to protect the
How so? The Court majority didn’t say. Obviously the Court Majority didn’t care. The Majority simply determined before the fact that a man convicted of a violent crime can never be permitted to exercise the fundamental right to keep and bear arms, after the fact and the Court constructed its argument to cohere with its predetermined decision.
The dissenting Judge, Amy Barrett, though, did care. She began her dissent with the following perceptive remarks, which demonstrate her erudition, laser-like legal and logical reasoning, and profound respect for the fundamental, natural, immutable, illimitable, unalienable right of the people to keep and bear arms:
“History is consistent with common sense: it demonstrates that legislatures have the power to prohibit dangerous people from possessing guns. But that power extends only to people who are dangerous. Founding-era legislatures did not strip felons of the right to bear arms simply because of their status as felons. Nor have the parties introduced any evidence that founding-era legislature imposed virtue-based restrictions on the right; such restrictions applied to civic rights like voting and jury service, not to individual rights like the right to possess a gun. In 1791—and for well more than a century afterward—legislatures disqualified categories of people from the right to bear arms only when they judged that doing so was necessary to protect the public safety.”
Judge Barrett added that Federal law and Wisconsin State Statute “would stand on solid footing if their categorical bans were tailored to serve the governments’ undeniably compelling interest in protecting the public from gun violence. But their dispossession of all felons—both violent and nonviolent—is unconstitutional as applied to Kanter, who was convicted of mail fraud for falsely representing that his company’s therapeutic shoe inserts were Medicare-approved and billing Medicare accordingly. Neither Wisconsin nor the United States has introduced data sufficient to show that disarming all nonviolent felons substantially advances its interest in keeping the public safe. Nor have they otherwise demonstrated that Kanter himself shows a proclivity for violence. Absent evidence that he either belongs to a dangerous category or bears individual markers of risk, permanently disqualifying Kanter from possessing a gun violates the Second Amendment. . . .
At this point, however, neither Wisconsin nor the United States has presented any evidence that Kanter would be dangerous if armed. Instead, as the majority notes, ‘Kanter is a first-time, non-violent offender with no history of violence, firearm misuses, or subsequent convictions,’ and he is ‘employed, married, and does not use illicit drugs, all of which correspond with lower rates of recidivism.’”
In her concluding remarks, Judge Barrett, citing the seminal Second Amendment Heller case, made the pertinent points that,
“If the Second Amendment were subject to a virtue limitation, there would be no need for the government to produce—or for the court to assess—evidence that nonviolent felons have a propensity for dangerous behavior. But Heller forecloses the ‘civic right’ argument on which a virtue limitation depends. And while both Wisconsin and the United States have an unquestionably strong interest in protecting the public from gun violence, they have failed to show, by either logic or data, that disarming Kanter substantially advances that interest. On this record, holding that the ban is constitutional as applied to Kanter does not ‘put the government through its paces,’ but instead treats the Second Amendment as a ‘second-class right’ [a point articulated by Associate Justice Clarence Thomas] subject to an entirely different body of rules than the other Bill of Rights guarantees. I therefore dissent.”
Incidentally, in her dissent, Judge Barrett cited, with approval, to Judge Thomas Hardiman’s Second Amendment analysis in the oft cited Second Amendment case, Binderup v. AG of United States, 836 F.3d 336, 357 (3d Cir. 2016) (en banc) (Hardiman, J., concurring in part and concurring in the judgments). Judge Hardiman is at present a U.S. Appellate Judge on the U.S. Court of Appeals for the Third Circuit. Judge Hardiman is also on President Trump’s short list to sit on the High Court, as he was when President Trump ultimately decided to go with Judge Neil Gorsuch, in 2016, just weeks into President Trump’s first term in Office. Judge Hardiman was the first runner-up. President Trump recognizes the importance of the U.S. Supreme Court in preserving the structure of our Nation in the form the founders conceived for it. Nominating a jurist to sit on the High Court was one of President Trump’s first acts as President, and one that he had promised the electorate; a promise he kept.
As a staunch defender of the Second Amendment, Judge Hardiman would, as with Judge Barrett, make an outstanding Justice, and he would be the ideal replacement for Associate Justice Stephen Breyer, a Bill Clinton nominee, who is 82 years old, the oldest Justice on the Court, in the event that President Trump nominates Judge Barrett to take the seat on the High Court, vacated by Associate Justice Ruth Bader Ginsburg, upon the Associate Justice’s recent death.
Both Judge Hardiman and Judge Barrett utilize the jurisprudential methodology of the late Associate Justice Antonin Scalia when analyzing and deciding cases, and they share the same reverence for the U.S. Constitution and for the Bill of Rights, as conceived by the framers of the Constitution.
Of course, the Radical Left Democrats and other Soros funded Marxists don’t give a damn about fundamental rights or logic. They are inherently nihilistic, stubborn, irascible, irrational, obtuse, smugly self-righteous, and abjectly hateful. And they have other plans for our Nation, for our Nation’s Constitution, and for our Nation’s citizenry. And, in the near future, their aim is to do their damnedest to thwart confirmation of any further Trump nominee to the U.S. Supreme Court followed by attempts, by hook or by crook to defeat a Trump victory in November. If successful in that endeavor, they plan to resurrect Associate Justice Ruth Bader Ginsburg in the form of another liberal-wing activist jurist—perhaps, Merrick Garland, whom Barack Obama sought to sit on the High Court to replace Associate Justice Antonin Scalia, after the late Associate Justice’s untimely and mysterious death.
The Radical Left Marxists feel cheated out of the appointment of a liberal-wing activist jurist to the High Court. They feel disgruntled on two scores: the first, because Hillary Clinton failed to secure the U.S. Presidency, and, the second, because, as a result of her defeat, she could not nominate a liberal-wing successor to the High Court to replace the seat vacated by Justice Scalia after his death—a death, by the way, that has never been adequately explained—which should anger all Americans.
Concerning Judge Garland, the Arbalest Quarrel has written extensively about the danger Garland poses to the preservation of the Second Amendment and to a free Republic.
Judge Garland has demonstrated nothing but contempt for the Second Amendment. The danger he poses to our fundamental right to keep and bear arms is so obvious and so egregious that we felt the need to write to Senator Grassley, who, at the time, was Chairman of the Senate Judiciary Committee. We argued strenuously against voting for a confirmation hearing for Judge Garland, lest a vote by the full Senate serve to confirm him. Fortunately, there was no Hearing. See our open letter to Senator Grassley, posted on April 26, 2016.
The Democrats were so incensed at the perceived rebuff by Senate Republicans that they scheduled their own pseudo-hearing, ostensibly to demonstrate their anger toward and disdain for Republicans failure to schedule a confirmation hearing for Judge Garland. Senator Patrick Leahy, the ranking Democrat Party member of the Senate Judiciary Committee presided over the pseudo-hearing that, while doing much, perhaps, to highlight Judge Garland’s ostensibly finer qualities, namely his extensive experience as a judge, his intellectual acumen, and his judicial and personal temperament, did nothing to expose the serious flaws in Judge Garland’s juridical, jurisprudential, and philosophical approach to the law, the latter of which are equally important for that person who would serve on the Highest Court in the Land. Those severe failings make abundantly clear that, however well-suited Merrick Garland might be to preside as a U.S. Circuit Court judge, the impact of his rulings on the fundamental rights of the American people, namely and particularly, on Second Amendment matters, through which the very sovereignty of the American people over Government is secured, would be in jeopardy, thereby endangering the continued survival of a free Constitutional Republic, as envisioned by the founders of our Nation.
Politico reported, back in May of 2016:
“Supreme Court nominee Merrick Garland won’t be appearing before senators anytime soon for his confirmation hearing. So Senate Democrats are trying for the next best thing.
Democrats on the Senate Judiciary Committee will host a forum Wednesday featuring former top legal and government officials who know Garland personally and who will testify on behalf of the veteran jurist’s legal acumen and personal character.
Among the names who’ll appear at the event: Abner Mikva, the former Democratic congressman and Clinton White House counsel who, like Garland, served as the chief judge of the D.C. Circuit Court of Appeals.
‘The public discussion we are convening this week allows senators, the press, and the public to learn more about this highly qualified nominee and the importance of a fully functioning Supreme Court,” said Vermont Sen. Patrick Leahy, the top Democrat on the Judiciary Committee, who will formally announce the event later Monday. “I hope all senators will join us for this public meeting.’ ” They didn’t. And Senator Leahy and those Democrats that appeared for the “forum” (really a mock-hearing that Senator Leahy refused to countenance as a mock hearing) only succeeded in making utter fools of themselves.
Democrats and their Marxist and neoliberal Globalist fellow travelers continue to lash out like petulant children. They have unleashed and continue to unleash incessant unprovoked, senseless chaos on President Trump, on the American people, and on our Nation. They have pointedly said that they intend to tear down the Nation if they don’t get their way. But, then, they intend to tear down the Nation, if they do get their way, anyway, So, then, what’s the point of their threat? Let them continue to make jackasses of themselves. Once Trump emerges victorious in November, he will take appropriate action against those elements in society that have made clear their intention to tear our Nation down. That isn’t going to happen.
U.S. Senate Republicans now have an opportunity to set matters right and, in doing so, render, as well, something in the way of a little payback, which will undoubtedly result in yet more churlish, childish, clownish antics and unseemly behavior.
But, nothing the Radical Left Democrats and their mob of malcontents drum up will prevent President Trump from naming a jurist to sit on the High Court seat vacated by Justice Ruth Bader Ginsburg, upon her death; and nothing these Radical Left Democrats and their rabid, horde of troublemakers orchestrate to hamper the confirmation process will prevent Republicans from accomplishing their goal, thereby securing a free Constitutional Republic and preserving our Nation’s fundamental rights and liberties for generations of Americans to come.
The Arbalest Quarrel encourages President Trump to nominate Amy Coney Barrett, or, in the alternative, to nominate Judge Thomas Hardiman, as a replacement for the late Ruth Bader Ginsburg, to sit on the high Court. And we encourage Senators Lindsey Graham and Mitch McConnell to speed the confirmation process through to completion before the coming momentous U.S. Presidential election.
Woe to those Senate Republicans who fail to vote for confirmation of Trump’s nominee to the U.S. Supreme Court.
*Months ago, when word came down that Justice Ruth Bader Ginsburg had suffered a recurrence of her pancreatic cancer, first diagnosed eleven years ago, the Arbalest Quarrel was skeptical of news accounts suggesting that Justice Ginsburg’s cancer was under control.
We therefore were not taken off guard when we heard that Ginsburg was readmitted to a hospital in July.
NPR reported that “Supreme Court Justice Ruth Bader Ginsburg is back in the hospital, this time to treat a possible infection. She spiked a fever Monday night, according to a press release from the Supreme Court, and on Tuesday underwent an endoscopic procedure to clean out a bile duct stent that was inserted in August [2019?] The procedure was done at Johns Hopkins Hospital in Baltimore after Ginsburg was first evaluated at Sibley Memorial Hospital in Washington, D.C. . . . According to a press release from the court’s press officer, the justice is ‘resting comfortably and will stay in the hospital for a few days to receive intravenous antibiotic treatment.’
It marks the second time Ginsburg has been hospitalized recently. In May, the justice underwent nonsurgical treatment for a benign gallbladder condition at Johns Hopkins Hospital, and she participated in oral arguments from her hospital bed.”
On July 30, 2020, the New York Post reported that Ginsburg revealed “she was undergoing chemotherapy for a recurrence of cancer –but insisted she had no plans to retire,” reiterating the point made, as reported in The New York Times, on July 17, 2020: “Justice Ginsburg was typically optimistic in her statement. ‘I have often said I would remain a member of the court as long as I can do the job full steam,’ she said. ‘I remain fully able to do that.’” In that article, The New York Times pointed to Ginsburg’s Doctors who said that Ginsburg was doing remarkably well, even as they admitted she had advanced pancreatic cancer.
Like Chief Justice Rehnquist, Ginsburg refused to step down from the Bench even as Democrats encouraged her to do so. If Democrats are up in arms over the decision of President Trump to nominate a successor to the late Associate Justice, Ruth Bader Ginsburg, and if they are in a blood-thirsty rage over Senate Republicans intent to hold a confirmation hearing on that nomination, prior to the U.S. Presidential election, they should blame both fate and themselves for the turn of events, and blame, no less, the late Associate Justice Ruth Bader Ginsburg, herself, as Justice Ginsburg must have had some understanding, eleven years ago, when Barack Obama was President, that her life expectancy was short, and that resigning at a time when Barack Obama could have named, as her successor, another Leftist activist Associate Justice to the High Court, several years before the next general election would have cemented liberal-wing control of the Court for generations, as the liberal-wing could count on Chief Justice Roberts to sit in their corner on many if not most cases that came before the Court. Certainly one Obama nominee or another would have been confirmed. That nominee, back in 2011, could very well have been Judge Merrick Garland, who had been sitting as a Judge on the United States Court of Appeals for the District of Columbia Circuit since 1995 when then President Bill Clinton nominated him to serve on the U.S. Circuit Court of Appeals, and the U.S. Senate voted to confirm that nomination.
The Democrats had, for several years, considered Judge Garland to be a strong contender for a seat on the U.S. Supreme Court. In fact, had he received a hearing by the full Senate, he would undoubtedly have been confirmed. Past U.S. Senator Orrin Hatch made that point crystal clear.
Hatch, a Republican no less, hailing from Utah, said he supported Garland’s confirmation, and would work to see that Garland was confirmed as an Associate Justice to sit on the High Court. Reuters reported, at the time, back in 2010, that,
“A Republican on the Senate Judiciary Committee said on Thursday he would help moderate jurist Merrick Garland win Senate confirmation if President Barack Obama nominated him to the U.S. Supreme Court.
Senator Orrin Hatch said he had known the federal appeals court judge, seen as a leading contender for the Supreme Court, for years and that he would be ‘a consensus nominee.”
Asked if Garland would win Senate confirmation with bipartisan support, Hatch told Reuters, ‘No question.’
‘I have no doubts that Garland would get a lot of (Senate) votes. And I will do my best to help him get them,’ added Hatch, a former Judiciary Committee chairman. ’”
That happenstance should not be lost on anyone who cherishes preservation of the Bill of Rights and the continuation of a Free Constitutional Republic. To prevent such a calamity is reason enough for Senator Grassley, who then presided over the Senate Judiciary Committee, and for Senate Majority Leader, Mitch McConnell, to prevent a confirmation hearing for Garland, as his nomination would endanger the Second Amendment. And if the Second Amendment fell, so, eventually, would fall all the other sacred Rights and Liberties of the American people, an apocalyptic eventuality.
Just imagine the turnabout in the Heller case, if Garland had sat in Justice Scalia’s seat on the High Court in 2008 when Heller was decided. Let there be no mistake, the Republican controlled U.S. Senate fulfilled its obligation under the Advice and Consent clause of Article 2, Section 2, Clause 2 of the U.S. Constitution.
The U.S. Senate did consider Barack Obama’s nominee to sit on the U.S. Supreme Court, Judge Merrick Garland, and thereupon advised the Obama that the Senate does not consent to confirmation. Judge Garland’s methodological approach to case analysis, and his jurisprudential leanings make him ill-suited to sit on the High Court. And his experience as a jurist and intellect and legal acumen do not compensate for his errant philosophical bent; one wholly inconsistent with the tenets of Individualism upon which our Constitution rests.
Moreover, the fact that the Senate’s refusal to permit a confirmation hearing from taking place does not mean that the Senate failed to fulfill its Constitutional requirement of Advice and Consent. The Senate Majority, did fulfill its duty, in Committee. That a confirmation hearing before the full Senate, did not occur, is irrelevant. The decision of the Senate Republican Majority was in keeping with the Constitutional Advice and Consent requirement and consistent with the will of the electorate whom that Republican Majority represents.
There is nothing in the U.S. Constitution that expressly states or tacitly suggests that the Senate, in its entirety, must hold a confirmation hearing, as the full Senate establishes its own rules of conduct and the full Senate had previously declared the process through which the Advice and Consent requirement of Senate is to be fulfilled. That process is laid bare for all to see at the website law2.umkc.edu:
“Judicial nominations are forwarded to the Senate Judiciary Committee, which conducts its own review (using its staff and those of its members) of the merits of the nominee. Hearings are held in which the nominee, as well as other persons knowledgeable about the nominee’s qualifications, offer statements and answer questions posed by Committee members. After the hearing, the Judiciary Committee votes on whether to recommend confirmation of the nominee by the full Senate. A nominee who fails to win a majority of Committee votes usually sees his prospects die, unless the Committee chooses to forward the nomination to the full Senate without recommendation. The full Senate, once a nomination is sent to it, will debate the merits of the nominee and schedule a final vote on confirmation. On rare occasions, as happened when charges of sexual harassment surfaced at the last minute against Clarence Thomas, a nomination might be sent back to the Judiciary Committee for further hearings. A simple majority is required for confirmation. The average time in recent decades between a presidential nomination of a Supreme Court justice and a final vote by the Senate has been a bit over two months.”
So, let the Democrat leadership and Marxists and Transnationalists lament and bemoan their failure to destroy our free Constitutional Republic. The Good Lord Above has ordained our Nation, a free and independent and sovereign Nation, must continue to exist as such; that it should not suffer the fate of Marxist Dictatorships like Venezuela or Cuba, that have fallen into abject ruin, or the fate of such repressive Communist Dictatorships as China that keeps its population under strict surveillance and control, clamping down vigorously on any dissent.
If the late Ruth Bader Ginsburg were truly concerned about securing liberal-wing control of the High Court, then she might have acted more pragmatically, voluntarily, if reluctantly, stepping down from the Court when Obama was President, rather than defiantly, stubbornly resisting resignation, perhaps presuming, wrongly, as so many had, that the Executive Branch would remain in Democrat hands; that a smooth transition from Obama to Hillary Clinton, would take place, and that a Democrat in the White House would be making nominations to the U.S. Supreme Court and to the lower federal courts. Ginsburg may have regretted having failed to step down, years earlier. CNN reports that,
“Shortly before dying Friday, Ginsburg dictated a statement to her granddaughter: ‘My most fervent wish is that I will not be replaced until a new president is installed.’ ”
Perhaps Ginsburg did make that deathbed statement; perhaps not. In any event, that utterance, if, in fact, made, must remain, at best, as wish fulfillment, grounded, perhaps, in regret for failing to see that maybe, just maybe, Hillary Clinton would not succeed Barack Obama as U.S. President after all. And, the fact that Hillary Clinton failed to realize her ultimate ambition and the fact that Marxists and Neoliberal Globalists failed to realize their vision for a unified one-world system of governance, amount to an intolerable loss for them as that loss has made all the difference in the world that exists—a world where the United States, and many other independent, sovereign nation states that seek to remain so, have found reprieve—a world that Marxists and Neoliberal Globalists find intolerable and have made clear they will not abide.
“The chief of staff to Vice President Pence on Sunday defended the administration’s decision to ignore the late Justice Ruth Bader Ginsburg’s deathbed request not to fill her seat until after the election, telling CNN that it was not Ginsburg’s choice to make. ”
The choice Ginsburg could have made and should have made if her intent was to maintain a liberal-wing activist majority or, at least, to maintain some semblance of ideological, jurisprudential, and methodological counter-balance to the conservative-wing, the latter of which is loath to tinker with the Constitution, was to resign, back in 2011, when she was first diagnosed with pancreatic cancer. She dismissed out-of-hand any suggestion that she do so.
Recall Steve Jobs death from pancreatic cancer on October 06, 2011. Steve Jobs was substantially younger that Ginsburg and therefore, presumably, stronger. No matter; he still died, after battling cancer for seven years. VOA News reported,
“Apple co-founder Steve Jobs’ death at the age of 56 followed a seven-year battle with a rare form of pancreatic cancer – the fourth leading cause of cancer-related deaths in the United States. The disease is hard to treat because it is difficult to diagnose. The pancreas is embedded deep in the abdomen, and often, symptoms of cancer become evident at a very late, advanced stage of the disease.”
Given the ominous signs of Ginsburg’s rapidly deteriorating health, in the last several months notwithstanding mainstream media attempts to sugarcoat the prescient signs of Ginsburg’s imminent demise and the penchant of the seditious Press to incessantly and blatantly and unapologetically lie to the American public, the Arbalest Quarrel penned an article in July that we had not gotten around to publish, but feel it still apropos to post here, albeit, after the fact of Ginsburg’s death, as it is an appropriate lead-in to the pressing matter confronting the Nation, now, as Ginsburg’s death, coming when it has, is a godsend of a kind, even as it is a personal tragedy for Ginsburg’s family nonetheless, for her death truly forces the American public to consider what is at stake. The Nation is able now to cut through the smoke and mirrors of the Chinese Communist Coronavirus plague and the gloomy economy wrought by the plague that the Radical Left have attempted to use to their advantage.
The public has a choice and it is a clearly demarcated one: either to retain a free Constitutional Republic where the people are sovereign and Government exists to serve the people; where independence of thought and action is encouraged; and where an American spirit and a Judeo-Christian ethos exists; all of which have benefitted our Country and our people since the Nation’s inception; or we can toss it all out the window, and see our Nation merged into a one-world system of governance, one demanding the loss of personal freedom and liberty, the loss of independent thought and action; a world where people exist to serve a grandiose, bloated State and are dependent on Government largess for their needs, a Collectivist nightmare. It is this or that; one or the other; not both, and not an amalgam of the two as they are inherently incompatible. A U.S. Supreme Court comprising multiple copies of Ruth Bader Ginsburg will ensure the existence of the latter. A U.S. Supreme Court comprising jurists in the mold of the late eminent Justice, Antonin Scalia will help ensure the continued existence of the former, one predicated on the tenets of Individualism, not Collectivism.
In our unpublished article, drafted in late July, titled, “Is It Too Soon to Consider Another Trump Nomination to the U.S. Supreme Court,” which we feel appropriate to post here, even though after the fact, we wrote,
“One year ago, Associate Justice, Ruth Bader Ginsburg, then 86 years old, underwent cancer surgery. ABC News reported, at the time, July 25, 2019, that,
“Supreme Court Justice Ruth Bader Ginsburg reflected on her health amid concerns for the 86-year-old, who underwent cancer surgery in December that caused her to miss oral arguments for the first time in 25 years.
The progressive justice, who has become a pop culture icon dubbed ‘the Notorious RBG’ and a hero for young activists, dismissed concerns over her health in an interview with NPR published Tuesday, saying she is ‘very much alive.’”
Well, Ginsberg’s assertion that she is ‘very much alive’ is, on one level, certainly true, but trivially so, because, as a matter of elementary logic, one is alive, or one is not. And, apparently, at that moment, Ruth Bader Ginsberg wasn’t dead; ergo, she was very much alive.
But, given the nuances of language, the assertion goes to the issue of Ginsberg’s current state of health. Obviously, Ginsberg was, at that time, not in the pink of health. Were she not a U.S. Supreme Court Justice, the concern over Ginsberg’s health or, indeed, whether she was alive or not, would be of little concern to anyone outside of her network of family and friends. But, the fact that Ginsberg is an Associate Justice of the U.S. Supreme Court, her life and well-being is and should be the subject of intense focus to Americans since, she is one of a select few people who wields substantial power over the life and well-being of the rest of us.
On July 14, 2020, news outlets uniformly reported that Ginsberg was in the hospital due to an infection. The irrepressible, CNN, for one, reported that,
“Ruth Bader Ginsberg has been taken to the hospital and treated for a possible infection, according to a court spokeswoman.
‘Justice Ginsburg was admitted to The Johns Hopkins Hospital in Baltimore, Maryland early this morning for treatment of a possible infection,’ spokeswoman Kathleen Arberg said Tuesday.
‘She was initially evaluated at Sibley Memorial Hospital in Washington, D.C. last night after experiencing fever and chills. She underwent an endoscopic procedure at Johns Hopkins this afternoon to clean out a bile duct stent that was placed last August. The Justice is resting comfortably and will stay in the hospital for a few days to receive intravenous antibiotic treatment.’
It’s the latest development in Ginsburg’s lengthy history of medical issues while serving on the high court—though she’s proven adept at continuing her job without interruption.”
One might have pondered if, given the era of the Chinese Coronavirus in which we live, Ginsberg might have contracted the disease, not an unheard-of possibility. But the lack of any acknowledgment of that sort of infection, one could not help but wonder if the news report was a deliberate attempt at obfuscation to mask another malady. And, then, on July 17, it comes to light that Ginsberg is in the hospital because of a flare up of her cancer and that she is undergoing chemotherapy. In bullet points, Business Insider reported that,
“Supreme Court Justice Ruth Bader Ginsburg announced Friday that she was undergoing chemotherapy treatments to combat a ‘reoccurrence of cancer.’
- The 87-year-old had recently been hospitalized for an infection stemming from a medical procedure on a tumor found on her pancreas.
- ‘I am tolerating chemotherapy well and am encouraged by the success of my current treatment,’ Ginsburg said in a statement.
- ‘I will continue bi-weekly chemotherapy to keep my cancer at bay, and am able to maintain an active daily routine,’ the statement said. ‘Throughout, I have kept up with opinion writing and all other Court work.’
Following another recent heath scare, Supreme Court Justice Ruth Bader Ginsburg announced Friday that she was undergoing chemotherapy to treat a ‘reoccurrence of cancer.’
Ginsburg, 87, has survived cancer four times before.”
The Daily Mail reported, on July 17, 2020, Ginsberg’s remark that, although she revealed that her cancer has returned, she “will not quit Supreme Court while she can work ‘full steam.’. . . ‘I have often said I would remain a member of the court as long as I can do the job full steam. I remain fully able to do that.’”
Ginsberg’s remarks are all well and good, but one is reminded of Rehnquist’s intention to remain on the Court even as CNN remarked, on June 22, 2005 that, at that time, the Chief Justice looked “frail” and that,
“He has been on a physically demanding pace since October, when he had an emergency tracheotomy after being diagnosed with thyroid cancer, for which he later endured weeks of chemotherapy and radiation.
The chief justice has released no information about the seriousness of his condition, but his treatment regimen led cancer specialists to conclude he had a serious, invasive form of cancer, with a possibly dire prognosis.”
Less than two and a half months later the Chief Justice was dead, as reported by fox news.
This brings us back to the question of Ruth Bader Ginsberg’s health. She is 7 years older than the Chief Justice, and she is most certainly unwell.
Imagine for a moment that Ruth Bader Ginsberg’s health neither improves nor remains at a plateau but declines precipitously between now and the fall.
There is an election looming—certainly most critical in the last one hundred and fifty years. When Justice Scalia died—by natural means or not—in 2016, Trump made poignantly clear his intention to name a successor, quickly. And he did so, fulfilling a critical campaign promise. The New York Times reported,
“Pledging to move quickly to fulfill what he has called the most important promise of his campaign, President-elect Donald J. Trump said on Wednesday that he would name a nominee to the Supreme Court ‘within about two weeks’ of his inauguration on Jan. 20.
At a news conference in Trump Tower, he thanked the leaders of two prominent conservative groups for their help in vetting candidates, a strong indication that his main priority remains choosing an unwavering conservative to fill the seat of Justice Antonin Scalia, who died last February.
Democrats are promising a furious fight over any nominee they consider to be out of the legal mainstream, saying that Republicans effectively stole a Supreme Court seat from President Obama by refusing for almost a year to consider his nomination of Judge Merrick B. Garland, a respected appeals court judge with a moderate record.”
And furious fight the Democrats waged when Trump nominated Neil Gorsuch for U.S. Supreme Court Justice. But even that nomination fight paled in comparison to the gladiatorial circus on display during the Kavanaugh Senate confirmation hearing.
Imagine the battle that will loom if Ruth Bader Ginsberg dies a month or so before the election.
And, that that has in fact transpired. As Ruth Bader Ginsburg is now dead, we will soon see just how calamitous the aftereffects of that event will be on our people and on our Nation.
Copyright © 2020 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
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