SCOTUS 2020: The Day the Justice Died

In true 2020 fashion, I was at dinner with my wife and enjoying a rare moment of normalcy when my phone started buzzing nonstop in my suit jacket. I reached in it, fully expecting one of two things, either someone had died or someone had been arrested. I saw the news that my least favorite Supreme Court Justice had finally succumbed to pancreatic cancer…officially…and waved the waiter over for two fingers of Oban 18-year to celebrate. Granted it was hard to be in a bad mood with the smoke and toffee notes of my favorite single malt finishing off an excellent dinner, the gravity of the bell that had been rung began to color the evening. Of all people, I have a laundry list of reasons to despise Ginsberg, but her death will send events into motion that are going to rock this country to the core.

I’ve called the Constitution a historical curiosity, and one of the primary reasons why is that it has never pinned down the third branch of government in any meaningful way. Lifetime terms for judges do not work; it is dangerous and scientifically untenable, yet we do it. The judiciary arose by fiat to begin with, deciding itself what its jurisdiction would and would not be in Marbury v. Madison. Later it went from jurisdiction to supremacy in McCulloch v. Maryland  and became omnipresent in Wickard v. Filburn. No limits have ever even been set on the number of justices that may be appointed and set up as co-equal to the sovereign, philosophically untenable. The entire organization appeared ex nihiloand the real miracle was that everyone went along with it. Nine unelected judges have set precedent that has determined the President, affected foreign and domestic policy and allowed unparallel abuse of the one document they supposedly protect. I suspect it was the social pressure, respect for English common law and war-weariness that precluded any real fighting. In my unpopular opinion, the best thing Madison could have done was execute John Marshall and the entirety of SCOTUS the day he found out what they had done. Nevertheless, that did not happen and like Roe v. Wade, the 1994 AWB and Lawrence v. Texas…no one did a damn thing.

Yet here I am, a little over two hundred years later with brown liquor swirling in against a snow-white tablecloth and green eyes flashing with a terrible resolve. People are in an uproar as the chips fall and there are no good answers. You want the truth? We created this monster, we fed it and we are going to have to kill it. There is no Q or some other made up demi-god coming to absolve you of having to pick up a rifle and commit violence. The answer for most of the most plausible scenarios are settled in violence and lead, and all of this was imminently preventable. The Shakespearean irony of this whole situation is that the right is literally getting bludgeoned to death by the very thing they worship. The parallels to Merchant of Venice are positively amusing, pound of flesh…indeed.

First, whoever is president can appoint however many justices they want. If Biden would like submit the Judiciary Act of 2020 to appoint two additional justices to the court, he can. If Biden would like to appoint four or six additional justices, he can. I am personally rooting for him to appoint at least double digits, if he can remember that many names. My favorite part, it that it is all constitutional (Article III, Sec. 1). Deal with it. Whoever wins November will get to form SCOTUS in their own image, so long as the Senate flips. Absent that, the first time the left gains control of the executive and Congress they will change the makeup of the court. The absolutely best case scenario is that the Supreme Court is mildly right of center for a couple years until the court is packed. I was not kidding when I stated that you no longer live in a nation of laws. The consequences of that are now becoming evident.

Let’s consider a likely course of action and the election is contested. If the Supreme Court is reduced to eight members, there is a distinct possibility of an undecided option on the election. People remember Bush v. Gore, now tell me how that looks today. What exactly happens when there is a contested election and the supreme arbiters of our legal system split 4-4? Qui decernit? You better have an answer for that or be prepared to accept someone else’s at the point of a gun. Pray to your deity, hope against all hope some deus ex machina was written into this plotline by some cosmic Euripides if you want. However, for the love of all that is holy do not relegate yourself to human flotsam and not simply have your agency revoked, but refuse to even use it. We did not just lose a Supreme Court justice on September 18th, we lost the last vestiges of any legitimacy in our justice system.

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About the Author: Jesse James

The Millennial your professor warned you about. Incontrovertibly opposed to neoliberalism and post-modernism, including their roots, on a theological, philosophical, economic and political basis. My curriculum vitae spans chemistry, biology, law, and western jurisprudence. Juris Doctorate. Recovering libertarian and ivory tower resident. Reluctant monarchist because I read too much history, and watched CSPAN one too many times. Christian in the vein of Augustine and the Five Solas, advocate for patriarchy, western and Christian tradition, and the nuclear family. Avid hunter, fisherman and outdoorsman. Described as a ‘food snob.’ Lover of old bourbon and old books. Happily married to my favorite redhead…my helpmeet and the one that makes it all worth it. I live in Virginia but will always be a Texan.

15 Comments

  1. Bud Green October 1, 2020 at 16:27

    Sad but true.

  2. Gray Man October 1, 2020 at 16:32

    5

  3. Johnny Paratrooper October 1, 2020 at 16:45

    The Q thing drives me nuts. What a waste of time.
    Bracken described the Supreme Court as America’s “Unelected Politburo for Life”.
    Hard to disagree with that kinda logic.

    https://en.wikipedia.org/wiki/McCulloch_v._Maryland

    Herp Derp. Running a country is hard. No wonder they used to stab and shoot each other consistently and without remorse.

    Maryland is a confusing state to live in. You cannot buy an Uzi cause it’s scary, but the SCAR-17S is totally legal…

    • James October 1, 2020 at 17:22

      Johhny,what is so scary about the Uzi?

      • Johnny Paratrooper October 2, 2020 at 08:16

        A bunch of lawyers said so, and the Judges agreed. No-one really cares because the Uzi, and other banned guns, aren’t very good. So everyone was forced, by law, to buy a superior weapon.

        Maryland Republicans are experts in Legalese. And the Democrats are basically clueless tyrants.

        • Gator October 13, 2020 at 01:36

          The Q thing drives me nuts too. I don’t know if it’s a LARP, a psy-op, a hoax, whatever. But it’s damn sure not real, and it’s got millions of people convinced all they have to do is sit back and relax and wait for some white knight to arrest all the criminals and right all the wrongs. I’ve never seen a more effective method of neutering what could be a formidable group of people in my life. Instead of disarming and rounding them up, which would be bad PR and potentially result in a rebellion, they corralled themselves in front of the TV watching sean Hannity bitch about what the Democrats did this week. It’s amazing.

          • NC Scout October 13, 2020 at 09:01

            Exactly. Very well said.

  4. Shinmen Takezo October 1, 2020 at 17:15

    How far we have sunk when degenerates in black robes can decide your fate.
    Case in point: RGB… an atheist-communist activist who thought the South African constitution was superior to our own.

    But that cunt’s plan backfired on her ass in the end–as she now burns in hell.

    She honestly thought Clinton had it in the bag and the plan was for her to go out with a big party and publicity–book deals, etc. –and then bring in another communist nut-job to take her place. It almost worked.

    If the ABR’s do manage a color revolution this fall–they will pack the court, and this leftist/communist court would and could rule the entire US Constitution as it is stands and is written is ‘un-constitutional’ and declare it null and void. You will not need a constitutional convention. It could all be gone overnight while you were busy praying and studying your bibles and visiting your grandchildren.

    I wonder what it is going to take for people to come to their senses.

    • NC Scout October 1, 2020 at 17:29

      They’re doing a color revolution now.

      • Jon October 1, 2020 at 21:00

        Yes they are. Likely orchestrated and funded by the same organizations that succeeded in the European versions. They are running standard playbook blocking and tackling. Most Americans are ignorant of the strategy and tactics. The people in authority who should recognize this for what is it choose to sit idly by while it all burns.

        Challenges and opportunities at the end of an empire.

  5. Jose October 1, 2020 at 18:28

    Great write up, Jesse.

  6. Jon October 1, 2020 at 20:56

    As you kite, this crisis was entirely avoidable. The amendment could have been passed at any time, and should have been after FDR threatened to pack the court in the 1930s.

    Unlike you, I think American justice died long ago. Possible as late as 1964. Most likely in 1913. All that’s moot now. Barring a minor miracle, we are one the eve of a reckoning. The religion of woke has already shown the will and capacity to burn down cities. It’s quite likely they will be moving on to apostates and heretics next.

  7. Anonymous October 1, 2020 at 22:52

    5

  8. NY Oathkeeper October 2, 2020 at 15:20

    Our Judiciary is and has been controlled by the Bar association – One Language
    In the law, the bar is also known as the community of persons engaged in the practice of law
    (“members of the bar”).
    In the United States, some state bar associations are operated by their respective state
    governments which make membership in their state’s bar association a requirement to practice
    before that state’s courts; such states are said to have a “mandatory” or “integrated bar”.
    Membership in such associations is synonymous to being admitted to the bar or being licensed
    to practice law in that state or being admitted to practice before the courts of that state.
    To read the complete facts on the BAR.
    https://www.nationallibertyalliance.org/files/docs/DocumentsEssays/Bar%20Facts.pdf

  9. Stealth Spaniel October 13, 2020 at 00:02

    I celebrated when that God-less bitch, RBG died. Some folks were appalled. Too Bad! The Supreme Court is a very bad joke that has backfired in countless ways. No one should serve for life. Who says their exhaulted opinion is better than yours, mine, or any other tax sheeple? Grounded in LAW you say? Um no. Grounded in party favors and self serving paybacks, more likely. Then, there is just old fashioned blackmail, per John Roberts and Obamacare. We are back to my favorite bastard, Woodrow Wilson. It all goes back to him-the original Marxist. When the shootings and hangings are done, I still intend to dig up his corpse, salt the earth, and dance on his former grave. Most evil yahoo that this country has ever had-worse than Lincoln. And THAT is saying something!

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