Monday, June 15, 2020

UPDATES: BREAKING: The US Constitution Is Meaningless

The dam has broken. Progs will push the most outrageously oppressive and discriminatory laws now, and no court will protect normal people.

The intellectual and moral bankruptcy of Classical Liberalism revealed. Well, rerevealed.

BREAKING: US Supreme Court votes 6-3 to redefine ‘sex,’ write transgenderism into 1964 law

Conservatives say this ruling could force churches to recognize same-sex 'marriages'; force photographers, florists, and bakers to participate in same-sex 'weddings'; compel employers to fund drugs and surgeries to help people imitate members of the opposite sex; and make women and girls to share sleeping quarters, showers, changing areas, and restrooms with gender-confused males.

WASHINGTON, D.C., June 15, 2020 (LifeSiteNews) – Republican-appointed Justices John Roberts and Neil Gorsuch joined the U.S. Supreme Court’s liberals Monday in ruling that longstanding anti-discrimination law should be reinterpreted to cover homosexuality and gender confusion, in a case that will have drastic ramifications on religious liberty and force Americans to adopt a “fluid” understanding of biological sex in scores of policies. 


The majority’s reasoning flies in the face of both the plain statutory meaning of “sex” in 1964 and the clear legislative intent of the lawmakers who drafted and passed the Civil Rights Act, as explained by Alliance Defending Freedom (ADF) senior counsel John Bursch. “There is little dispute that, in 1964, the term ‘sex’ was publicly understood, as it is now, to mean biological sex: male and female,” he writes. “After all, the term ‘gender identity’ wasn’t even part of the American lexicon at the time. Its first use was at a European medical conference in 1963. And no semblance of it appeared in federal law until 1990.”


Justices Samuel Alito and Clarence Thomas dissented, panning the majority opinion as “legislation” written under the “deceptive” guise of “interpreting a statute,” reminding the majority that the court’s duty “is limited to saying what the law is” rather than adding to it.

Trump’s other appointee, Justice Brett Kavanaugh, wrote his own dissenting opinion, in which he noted that the “responsibility to amend Title VII belongs to Congress and the President in the legislative process, not to this Court.” 

Kavanaugh also wrote, however, that the majority opinion represented an “important victory achieved today by gay and lesbian Americans,” who “advanced powerful policy arguments,” displayed “extraordinary vision, tenacity, and grit,” and “can take pride in today’s result”... “notwithstanding my concern about the Court’s transgression of the Constitution’s separation of powers.”


1) Carrie Severino:
Justice Scalia would be disappointed [ashamed?] that his successor has bungled textualism so badly today, for the sake of appealing to college campuses and editorial boards.
This was not judging, this was legislating—a brute force attack on our constitutional system. (1/x) 
While the question of whether to amend Title VII to add more categories may be a difficult one as a matter of policy, the question of the Court’s role on this issue was an easy one: Allow the people to decide the issue through their elected representatives. (2/x) 
Today six judges acting as advocates opted to rewrite the statute themselves, short-circuiting the legislative process and in the process denying the people a decision that should be theirs to make on a major issue. (3/x) 
Have no doubts about what happened today: This was the hijacking of textualism.
You can't redefine the meaning of words themselves and still be doing textualism. This is an ominous sign for anyone concerned about the future of representative democracy. (end)

The conservative legal movement has accomplished two things: libertarian political economy (enforced by judges) and betrayal of social conservatives and traditionalists.
The next (and perhaps most important) step is for social conservatives to realize that donor economics is not merely incidental. It flows from, and reinforces, principles that degrade family, community, industrial bases, and nations.

3) Daniel Horowitz:
Or better yet, deligitimize judicial supremacy.
Sean Davis@seanmdavThe Supreme Court is not a court of law. It is a super-legislature run by nine politicians with lifetime tenure. Conservatives need to stop picking justices based on promises from nominees about how they'll analyze cases and start picking individuals who will vote correctly.
But your point is well taken. If we will treat it like a voting body that has the final say over our society, then i sure as hell want to know how he will vote even more than a senator.

4) Sohrab Ahmari:
It turns out if you remove natural law's substrates of metaphysics and philosophical anthropology, you can end up with a mind capable of "reading" gender identity into a statute squarely concerned with biological sex.

5) Patrick Deneen:
How is it George Will described the American tradition? Oh, yea - "Limited government respectful of society’s cumulative intelligence and preferences collaboratively revealed through market transactions."  That'll hold us together.

Why are the hills the place you should head?  What do you do when you get there? This is the vital information that Twitter can provide at this time. 
A modest suggestion: if a Republican ever gets to name a Supreme again, look at law school graduates from outside the ivy orbit. For Pete's sake, how many times can you wear a sign that says "kick me again?" 
Remind me again why progressives so fiercely oppose Republican judicial nominees?  They should know by now that their allegiance to their class will always trump any purported social conservatism.


  1. So Kavanaaugh, though he didn't vote with the majority, can endure all that hatred from the Left and then write that drivel about vision, tenacity and grit.

    My first thought is to break this awful coconut apart. Even Gorsuch disappoints.

    This just reinforces my contempt for both Republicans and Democrats. We're being played.

  2. I had concerns about Kavanaugh. The all-female clerks is one.

    Gorsuch, I thought, was golden. That changed today.

    1. That's pretty much how I felt, too. Trump has lost a compelling reason to vote for him. The progs will push the envelope and the SCOTUS will now buckle to virtually everything.

    2. We should've never fallen into this abusive trap where our courts our are de facto legislatures and our legislatures more akin to tribunals.

      This is what the socialists and libertarians always wanted. Well, here we are. Isn't it grand?

  3. Don't expect these clowns to overturn Roe V. Wade.

  4. Trump needs to rethink his love of Harvard judges. Problem is that most, if not all, universities are firmly in the hands of the leftists.

    Honestly, I'm so disgusted and demoralized right now. It seems to me to be a time for choosing.

    An evangelical friend joked to me years ago that if God doesn't judge the United States soon, He's going to owe an apology to Sodom and Gomorrah.

  5. Call it a second civil war, call it the second American Revolution, call it whatever, but have no illusions about the future. It will be violent and bloody. Many thousands will die. Our government institutions have increasingly aligned themselves with foreign and domestic leftist agitators. They are very near to having gone too far. The tiniest spark will unleash a hell that will not be stopped until the republic is restored and the tree of liberty is drenched. A war is coming.

    1. The most likely opportunity for that spark will be election night 2020 - then at any moment up to and including inauguration day. Conservatives have tended to be more restrained in their actions, but as we've witnessed as an outgrowth of the Obama administration, the left does not accept loss easily. Should Biden (or whoever their nominee is) lose, their bitterness may be too much to quell with words alone...

      As for our courts, we are witnessing their self-abasement in the eyes of law and order citizens. They have become politicians where a veto cannot quell their unwritten and newfound legislative authority. Where do citizens go when a court becomes a super-legislature that makes law by intentionally and wrongly reading into previous statutes new "rights."


    2. At this point, I can see the BLM farce and Antifa treading on the wrong people.

  6. I thought the dam broke when Anthony Kennedy wrote this nonsense in Planned Parenthood v Casey in 1992. Kennedy's flight of fancy is a bit preposterous:

    "At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life."

    Pretty tough to keep a consensual social and political order together when you decree everyone gets to do their own thing.

    1. Yes, I agree, of course. That's why I coined the word "rerevealed." I had had some hopes for Gorsuch, in particular, and even some for the "only girls" guy Kavanaugh.

  7. PS: Like all other of these "non-consent of the people" court decisions/impositions, liberalism demonstrates it has no limiting principle. So it matters less about the 0.2% (or whatever %) transgender, but where the lack of limits leads with judge and court impositions on the people, rather than having political questions answered by the legislature.

    The list is long for speculation. And the mob is ripe for demanding compliance.

    I said long ago, enthusiastic support for LGBTQWERTY agenda won't be sufficient. One day soon you'll be expected to participate in homosexual relations in order to prove your bona fides--otherwise, you're just a bigot.

  8. The theory I heard expounded was that Roberts original opinion couldn't get 5 votes so he joined the majority and assigned Gorsuch to write a narrow decision, rather than have RBG's clerks write the majority opinion.

    I'm sure USSC maneuvering is more subtle than my description, but you get the idea.

  9. This keeps up(expectations are that it will) and the bubble will burst sooner rather than later. Gorsuch has some 'splainin' to do.

  10. I wonder what the silent majority thinks of all this.

  11. When will they rule on the rest of Merriam Webster? - Gary B