Unplug the DC Judge Machine

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President Donald John Trump appointed 3 justices who were confirmed to the Supreme Court. This new 6-3 majority would help Make America Great Again.

After the court punted on first down on the election and keeping men out of the ladies room, conservatives are not feeling so great. What happened?

Washington happened.

Just the News reported, "The Supreme Court's decision this week to let stand a lower court ruling in favor of a transgender student's right to choose a bathroom consonant with gender identity is the latest in a string of rulings that have disappointed conservatives.

"Conservatives had been brimming over with hope that the confirmation of three relatively young, Trump-nominated justices — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — would cement a 6-3 conservative majority on the court for years, or even decades, to come. 

"Barrett is a protégé of late conservative legal icon Antonin Scalia. But despite Barrett's ascent to the high court to replace the reliably liberal Ruth Bader Ginsburg following the latter's death last September, the current term has been characterized predominantly by unanimous or near-unanimous decisions with very few dissents from Trump-nominated justices. 

"Former President Trump himself recently said, 'I am very disappointed. I fought very hard for them, but I was very disappointed with a number of their rulings.' But with the threat of Democratic court-packing looming, depoliticizing the court is a top priority of Chief Justice John Roberts, and it appears that the court's newest members are on board with his approach."

(I inserted the full quote. I really tire of partial quotes. It is not as if pixels are expensive.)

President Trump did what one would expect. He tapped the conservative think tanks for guidance. But they, too, are of Washington.

And so we wound up with a trio of disappointments.

Instead of doing their jobs and standing up for the Constitution, they compromised to preserve the institution like all good little Washingtonians do.

Packing the court was a bluff that worked to neutralize the 6-3 advantage.

In retrospect, they were the worst choices. President Trump should have followed his gut and nominated Don Willett, the Texas Twitter Tornado who came from humble beginnings to earn a place on the Texas Supreme Court. He would be more inclined to preserve the Constitution and not the institution.

The 6 conservative justices are part of the Washington Judge Machine. Bright young lawyers from prestigious schools migrate to Washington, stay, prove their loyalty to the city, and become appellate judges. The lucky few get nominated.

Willett, by the way, did DC time as well, which helped him later get appointed to the state Supreme Court.

These are not bad people. They are not cloying clones. Roberts spent summers in a steel mill to pay his way through college. 

Barrett's mom had 7 kids and so does she. She also came from the 7th Court of Appeals and not the DC Court of Appeals that presidents usually use.

Alito is from New Jersey, the son of immigrants. As a federal prosecutor he once had to prosecute a prosecutor.

And Thomas grew up speaking Gullah, not English.

But dang the machine squares them off and instead of reading the Constitution, they are staring at the decisis and reading the Washington Post. Their view is Roe v. Wade says abortion is a right, therefore it is. Never mind that the decision came 48 years ago, before science knew as much as about pregnancy. Dr. Ben Carson performed brain surgery inside a womb.

Meanwhile, liberals are having a jolly good time inventing more rights at the expense of real rights.

They don't seem to need a majority to get their way anymore.

There are plenty of good law professors who blog online. Ann Althouse, Glenn Reynolds, and William Jacobson are at the top of the list. They can provide insights into why these decisions were made and what the judges were thinking.

My inexpert observation is that the 3 justices Trump nominated have been in Washington too long (Barrett was in DC for 5 years). The next Republican president needs to replace them -- either by asking them retire or by expanding the court -- with people who are not Washingtonians and who never were judges. Maybe it is time for a non-lawyer. The clerks write the opinions, do they not?

We need a diversity of geography on the court, if only to be disappointed by a new group of justices.



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