To quote the prophet Allen Iverson: “I’m tired.”
Tired that the decision of who to name to the U.S. Supreme Court has been turned into a perpetual 11th hour of American politics.
It was never meant to be this way. One of Justice John Marshall’s most enduring legacies was his ardent search for unanimity when the court rendered a decision. Even though he was most certainly a political animal, this was not fundamentally a political game of gotcha to him. It was a genuine search for consensus that could be transmitted through bedrock Constitutional principles. It was a quest for careful and fair adherence to the rule of law that would bring the closest thing to justice we mere mortals could hope for.
And with that understanding in mind, the appointment of a new judge should in fact produce little more than a yawn from the public, if indeed we were a republic where the people rule, rather than of the banana variety. For what on earth should be raucous or sexy about men and women who are trained in painstaking depth how to soberly read laws without prejudice and settle disputes accordingly? Sounds kind of like reading the phone book for entertainment.
But not only do we not agree on what the law means in most specific circumstances these days, we also don’t have much respect remaining for the general notion of the rule of law, either. Chaos in the pursuit of raw power is now our jam. Which means that instead of quickly passing the black robe on to the next ready and able nerd-in-waiting, who is no more a threat to constitutional revolt than Mr. Rogers was a threat to suddenly hurl F-bombs in front of children on public television, we have turned Supreme Court justices into de facto demigods.
They are our saviors. On the Left, that means the judges are the architects of their progressive intelligent design. The judges create the world that the Left denies the Creator originally did.