The Coming Judicial Unswitching

     With the elevation of Brett Kavanaugh to the Supreme Court, the first truly pro-Constitution majority, since the infamous “switch in time that saved nine” during the Presidency of FDR, now controls the Supreme Court of the United States.

     Of course, like all Supreme Court line-ups, the current configuration will not last forever, and there is always the possibility of a “conservative” justice becoming more moderate over time. Still, while it will likely take decades to undo all the damage done since the “switch in time”, the invented “rights” and other examples of political policy trumping the Constitution, common law, and precedent are endangered at the same time that actual declarative and restrictive rights, as well as Constitutional limitations, can be reasserted.

     It is telling, then, how much Progressives in the news media are panicking. What was once their Ace in the Hole to push their agenda despite people not democratically supporting it, is such a threat that they want it outright abolished (despite the fact that Article III of the Constitution specifically invests a supreme court with the judicial power of the United States).

     Slate, for example considers the Supreme Court to be a “historically regressive and presently expendable institution“. And further invokes FDR’s call to “save the Constitution from the Court” to justify “waging war” against the Supreme Court. outright calls for abolishing the Supreme Court while ironically stating:

“If the Court is no longer a neutral arbiter of the law, if it’s gradually shape-shifting into a partisan weapon, then maybe it’s time to rethink its role in our constitutional system.”

     It is hard to tell, at this point, if they are being disingenuous or if they really believe that the Supreme Court hasn’t been used to push a Progressive agenda through a long Gramscian march through Supreme Court rulings and new precedents.

     They call for junking the independence of the Judicial branch as well as the adversarial nature of American courts and all the common law that goes with that, in order to implement a “‘dialogic’ process”, or other “constitutional designs”, where the court doesn’t have the final say and Congress can just say “LOL whatev” keep on doing what it wants to do, no matter how Unconstitutional those actions.

     We get it. The Progressive Left has always wanted to destroy the Constitution and everything that our jurisprudence stands for. They though they had a monopoly and could wreck it from the inside via boiling the proverbial frog. Instead they face the real possibility of not only a recourse to the Constitution, common law, and the full breadth of precedence going back to before the foundation of the American colonies themselves, but of a vengeful Right using the weaponized courts in the same way that the Left had used them.

     That mask has slipped and it is not pretty.

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