Supreme Freak Out

They're going to get their judge.  I'm not sure I understand the immediacy of the freak out.  It was predictable that Justice Kennedy would retire under a Republican administration.  I guess it wasn't necessarily that it would have been at the end of this term, but depending on polling I would imagine it would have been a virtual certainty it would happen in this Presidential term.  (I read something on Facebook today that suggested his motivation is less obvious and tied to the special counsel investigation and his son.  I guess we'll have to see if that is the case - but even if it is I stand by the idea that the retirement would come under a Republican administration).

The President's record on judicial appointments is really the least characteristic of anything he does.  It seems like he's pretty substantively delegated the task and that the choices are in the sweet spot of conservative interest groups.  From my perspective that's unfortunate, but through the lens of how crazy things are this is actually some of the least crazy there is.  Also, for what it is worth, if you haven't noticed that the administration has had a record setting pace in placing judges below the Supreme Court rank too.

I get that Roe energizes people and that revisiting Roe would be awful, but it seems to me that there's a whole lot more to be concerned about: ACA, LGBTQ rights, organized labor, gerrymandering, Citizens United...  Roe is just the tip of a terrible iceberg.  And that's without thinking of any eventual litigation of the special council investigation that might come before the court.

The Left has been able to rely on courts to be a check on legislatures for my entire lifetime.  When we lost the White House and the Senate that pretty much came to an end.  That we're having a collective freak out now is somewhat misplaced.  We've been in this position since the election, it just hasn't been at the top of the news until now.

The talk about strategies to keep the court in it's current balance is all well and good, but I think we have to assume any of that will fail.  The Senators identified as swings have been in this position before and they've danced with the one that brought them.  Any idea that the Senate leadership will apply the standard they established under the last administration is wishful thinking.  The notion that cooler heads will prevail and constrain a sitting President currently under investigation is fantasy.  There will be a name in short order and that jurist will be confirmed with alacrity.

The road back from this point is a long one.  The Left is going to have to win the way the Right did - win elections and win them at all levels.  There won't be a need to have the courts block terrible legislation if there isn't terrible legislation.  The other day I saw something online that says if "didn't vote" had been a candidate in the 2016 election it would have won a landslide of states.  Decisions are made by the ones who show up.  If you are freaking out now, make sure you vote in November - and make sure everyone else does too.