Brian C. Joondeph: NeverTrumpers and a 5-4 Vote from JamesFetzerBlog
June
has been quite a month for President Trump. From the North Korea summit
to a similar sit-down with Vladimir Putin next month. Four percent
economic growth, statistical full employment, and high consumer
confidence. A successful round of primary elections. And now the Supreme
Court.
The
Supremes affirmed the President’s travel ban against visitors and
immigrants from dangerous countries that have no internal mechanisms for
vetting migrants to the U.S. And then came the Janus decision, stating
that public employees don’t have to pay money to unions to support
political activities, effectively cutting off a major source of Democrat
fundraising.
Both
decisions passed by a slim 5-4 majority, the four liberal justices
voting as a block as they almost always do, and Justice Anthony Kennedy
providing one of the five majority votes, some say the swing vote.
Although one might argue that the Chief Justice could have been the
swing vote as he was in the Obamacare decision. Regardless, the vote was
close, and one of the five justices could have turned the final
decision in the opposite direction.
What
would have happened if Hillary Clinton won the election? Instead of
Neil Gorsuch, a Trump appointee, providing one of the five votes, we
would have had a far-left justice appointed by Mrs. Clinton, joining
their four liberal brethren in black robes, creating a 5-4 majority
against the travel ban or union dues funding the Democrats.
Fortunately,
Donald Trump won the election and a Clinton-stacked Supreme Court is
only a hypothetical, more like a nightmare, but still far from the realm
of reality. The voters spoke, many casting their votes with the Supreme
Court in plain sight, knowing the implications of judicial activism.
Supreme
Court decisions are generally permanent. Roe v. Wade is 45 years old
and still the law of the land, despite being decided on dubious
constitutional principles. Many presidents have come and gone since Roe
was decided. Trump will come and go too, tweets and all, but his court
nominees will be deciding cases long after Trump finishes his two terms
as president.
This
brings me to the NeverTrumpers, a group of so-called Republicans so
incensed by Donald Trump’s style and demeanor, that they couldn’t bring
themselves to vote for Trump in the 2016 presidential election. Many of
those are now Trump supporters, perhaps on the tepid side, but
nevertheless pleased with the Trump agenda and accomplishments to date.
Senator Mike Lee is an example. On the President’s short list of potential Supreme Court nominees, he voted for protest
candidate, Evan McMullin, for president. This was a wasted effort and
vote, and one that may come back to haunt him as Trump has a long
memory.
Other
NeverTrumpers, like many of the Bushes, voted for Hillary Clinton for
president. Then there are the pundits still caterwauling over President
Trump. From Bill Kristol and Max Boot to George Will and Bret Stephens.
All former Republicans, perhaps in name only, now vehemently hostile to
President Trump.
George
Will, once a respected conservative columnist, has now beclowned
himself with his NeverTrump vitriol. According to Will, Trump is a mistake of nature. Will’s solution to advance the conservative agenda is to “Vote the GOP out.” Trump is now the worst-ever president. He sounds like Maxine Waters.
I
think George would gladly prefer a third term of Obama fundamentally
transforming America or else a Madam President doing much the same. Some
conservative he is.
If
he and other NeverTrumpers got their wish, that Trump lost the election
to Clinton, the Supreme Court would be a 5-4 majority by now, favoring
the liberals. If she won, her appointee would likely not have been
Merrick Garland, but instead someone far to the left like Laurence
Tribe. What would that mean in light of recent Supreme Court decisions?
In
recent cases, it would mean that Christian cakemakers have no religious
freedom from supporting behavior antithetical to their beliefs. Union
dues would still be a cash cow for Democrat candidates. The president
would have no constitutional executive authority to secure the borders
and vet immigrants.
There
would be no chance of restraint or pulling back prior decisions on
abortion or same-sex marriage, decided by the courts rather than by the
people or their representatives, as it should have been decided. How
long would the first and second amendments remain intact? Could the five
liberal justices find portions of the Constitution unconstitutional?
Bet on it. And by a 5-4 vote.
Aside
from the court, taxes would still be high. North Korea would be
building its nuclear arsenal as would Iran. ISIS would be flourishing.
Foxconn would not be building an electronics plant in Wisconsin.
Unemployment, particular for Blacks and Hispanics, would still be high.
Most assuredly we would not have “the hottest economy in the world,” as National Economic Council Chairman Larry Kudlow described it. Instead, Jimmy Carter’s “malaise” would be back in vogue.
How
different would America be today if NeverTrumpers got their wish and
Trump was defeated? Instead of electoral college votes, look at a much
smaller voting block – the Supreme Court. One vote could fundamentally
transform America in the manner of Obama’s dreams.
Trump
is advancing the conservative agenda that these so-called conservatives
have been wishing for for decades. On all fronts – foreign, domestic,
economic, and judicial. Yet they continue to throw stones at Trump and
his administration. Trump is making their dreams come true and they
still despise him.
Inexplicable
behavior with plenty of possible explanations. Trump’s demeanor and
style. He is not one of them, part of their insider club. He comes from
the wrong side of the tracks.
All
this confirms that NeverTrumpers are shallow, a bunch of mean-girl
teenagers, focused solely on style over substance. And if they got their
way, what a different world we would have today. Including that 5-4
majority on the Supreme Court, with huge implications today and lasting
decades or longer.
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