Every time there is a Supreme Court vacancy under a Republican president, the Left panics, at least since 1973, when Roe v. Wade was erroneously decided, inventing a supposed right to abortion that is nowhere in the Constitution. With the nomination of Judge Brett Kavanaugh, the pattern continues. We all know that this panic stems from the fact that the Left, when they control the courts, uses their power to push their progressive agenda on society when they can’t win at the ballot box, so they are afraid that our side will also use the courts to push our conservative agenda in just as underhanded a way as they do. There is one critical difference, however. Conservatives do not make things up. We adhere to the Constitution so any societal change that comes from a conservative SCOTUS is actually bringing society back in line with the Constitution, not some made up progressive vision of what society ought to be.

The disingenuous tactic most often used by the Left is the concept of stare decisis, which is Latin for “to stand by that which is decided.” Practically speaking, the Left considers it to mean “Thou shalt not overturn Roe v. Wade.” And in all the sound and fury about stare decisis, they often point out that this constitutional abomination is some kind of “super precedent” that absolutely must be upheld because it has been on the books for over 45 years. You can bet that their argument that Obergefell v. Hodges (the gay “marriage” decision) can’t be overturned will be because it was just decided and SCOTUS can’t overrule itself that quickly. Convenient that two completely opposing arguments can be made for the same rule, “SCOTUS shall not overturn any decision that we like.” It’s the same tactic they use about global warming climate change, but I digress.

It turns out that Obergefell itself overturned Baker v. Nelson, which was decided in 1972, a year before Roe, so it should have been at least as strong a precedent as Roe. And Brown v. Board of Education (1954) overturned Plessy v. Ferguson, which was decided 58 years previously (1896). Just for fun, let’s take a look at Trump v. Hawaii, the “travel ban” case that was just decided this term. Aside from making liberal heads explode by ruling in favor of President Trump, the decision also overturned Korematsu v. United States (1944), the Japanese internment decision from 74 years previously. Presumably the Left agrees with everyone else that Korematsu should have been overturned.

Actually, the controlling precedent on abortion is Planned Parenthood v. Casey, from 1992. As I’ve written before, this decision should be overturned if for no other reason than to strike the execrable “Sweet Mystery of Life” passage from the American legal lexicon (don’t let the door hit you on your way out, Justice Kennedy). But is 27 years enough time to make Casey a supposed “super precedent”?

Here’s what it comes down to: The Left can use “emanations” and “penumbras” to make up constitutional rights out of whole cloth and then hide behind stare decisis, effectively claiming a ratchet effect towards their progressive vision for our country. We on the right can use the actual text of the Constitution to bring things back to where they should be. With President Trump replacing Anthony Kennedy with Brett Kavanaugh, we have an opportunity to make that happen. I’m not wishing ill on any other member of the Court, but there is a chance we will be in even better position to do so in the coming years. Let’s hope that President Trump will continue to nominate strong conservatives and that the Justices have the courage to make it happen.

By John Ruberry

Little Marathon Pundit and I were on vacation earlier this month and our travels brought us to Wisconsin and Michigan. On our final day of that trip we visited the Gerald R. Ford Presidential Museum in Grand Rapids, just six days prior to the 105th anniversary of the birth of the 38th president.

Of the presidents of my lifetime, Gerald Ford is the obvious choice for the “Most Likely to be Forgotten Award.” That’s partly understandable. His 29 months in office was the shortest term of any president who didn’t die in office. And Ford was the closest thing to a “regular guy” to live in the White House. The media loved Ford for that–delighting on him toasting his own English muffins in the White House kitchen. They loved Ford–yes, he was a Republican–until he pardoned his predecessor, Richard M. Nixon, one month after being sworn in to office.

Immediately Ford became a buffoon and a dope. He now was the media’s enemy and ordinary instances were blown out of proportion. He stumbled and fell from the steps of Air Force One. Have you ever had a misstep on a set of stairs? He sliced a few golf balls into crowds–those onlookers would not have been there if he was still House Minority Leader. Ford was an accomplished skier, but do you know what? Skiers fall. And so did he. Chevy Chase’s impersonations of him on Saturday Night Live portrayed him as dimwitted and yes, a man who could barely remain on his feet.

But Ford was arguably the greatest presidential athlete. He was an All-American football center for the University of Michigan. He was offered contracts by the Green Bay Packers and the Detroit Lions. Until very late into his long life Ford regularly swam laps, Ford had an outdoor pool built on the White House grounds to replace the indoor one that Nixon converted into a press room so he could remain in shape.

Ford “the dummy” graduated in the top third of his class at Yale law school.

In short, because of the Nixon pardon, Ford was bombarded by, not fake news, but a fake perception from the media.

The museum of course looks back at Ford’s improbable rise from being abandoned by his father two weeks after his birth to becoming an Eagle Scout and a star athlete. After college and law school Ford returned to his hometown of Grand Rapids to practice law. After Pearl Harbor Ford joined the Navy. Shortly after marrying Betty Bloomer in 1948, Ford won his first election as congressman of Michigan’s 5th district. By the mid-1960s Ford was the House minority leader.

The film about Ford’s life, “A Time To Heal,” plays there.

As the Watergate scandal raged. Nixon’s vice president, Spiro Agnew, pleaded no contest to tax evasion and resigned. Nixon, under the provisions of the recently enacted 25th Amendment to the Constitution, nominated Ford as Agnew’s replacement, which Congress approved. Thus Ford became the first vice president–and the only president–not elected by the American people.

“I am acutely aware that you have not elected me as your president by your ballots,” Ford said in his brief inaugural address, “and so I ask you to confirm me as your president with your prayers.” And alluding to Watergate, he added, “Our long national nightmare is over.”

But Ford was president during an unusually eventful 29 months, which the museum documents. What transpired included: His controversial choice of liberal Republican Nelson Rockefeller as his vice president, rampant inflation and the brutal l974-75 recession, the Mayaguez incident, the fall of South Vietnam, a summit meeting with Leonid Brezhnev, his signing of the Helsinki Accords, two assassination attempts–within a month, a general gloom of the American psyche, and his defeat by Jimmy Carter in the 1976 presidential election after a hard-fought primary battle with Ronald Reagan.

Quite a bit of bad stuff, to be sure. But the American Bicentennial was celebrated in 1976.

Oh yeah, Ford pardoned Nixon.

Blogger with Ford

The current special exhibit at the museum is centered on his wife, Betty Ford, the centennial of her birth was in April. Her life was a momentous one too. Unlike her recent predecessors as First Lady, Betty was outspoken. Six weeks after moving into the White House she underwent a mastectomy–which brought much needed attention to breast cancer. Two years after her husband’s electoral defeat she was treated for alcoholism and an addiction to painkillers. Rather than hiding in shame, she co-founded the Betty Ford Center, America’s best-known substance abuse treatment center.

Yesterday during the Gerald Ford birthday celebration at the museum a statute of Betty was unveiled.

Jerry and Betty Ford–two Americans who had two remarkable lives.

If you are anywhere near Grand Rapids, a visit to the Ford museum is worth your time.

John Ruberry regularly blogs at Marathon Pundit.

Sheriff Jason McCullough: You might as well come on, like it or not, we’re on the same side now

Support Your Local Sheriff 1969

Back when I was in college and we had pretty much one Judeo Christian Culture and the whacko liberalism that we see office holders display proudly was a fringe so small that only in the craziest colleges were they ever mentioned there was one pretty basic fact of life for a large national businessman, stay friendly with both political parties.

Yeah you might hold a fundraiser for your favorite or make an appearance but almost invariably a business would make sure to hedge their bets and make sure they had friends on both sides of the aisle.  Furthermore if it became clear that one side was going to win, business’ make it a point to make sure they were on good speaking turns.

This was one of the reasons why the Clinton Foundation was doing so well in racking in the dough before the election, everyone believed she was going to be the winner and the money poured in.  and it’s also why the money dried up the moment it was clear she was finished.

So when I read that Elton Musk was kicking in big to the GOP even though he had been giving money to Democratic Midterm Victory Fund  and to folks like Dianne Feinstein at Adam Schiff I didn’t consider it a big deal.  I simply presumed that while he remains a fan of the left, he sees the writing on the wall for the midterms and decided to make sure he had some insurance to keep the subsidies that make all those electric cars possible.

Apparently the base of the Democrats doesn’t see it the same way. 

and the twitter mobs are full of hastags denouncing Tesla , Musk and calling for boycotts

Mr. Musk as taken to twitter to deny that he is a “top donor” (as opposed to a non top donor apparently)

but Alas for Mr. Musk  because politics is a religion for the left. It doesn’t matter if he is a “top donor” or just a regular donor. Being a donor to the GOP or any unapproved cause is as the inventor of firefox discovered like being a little bit pregnant

It’s doesn’t matter if you fix the pipes of everyone in Flint, as far as they are concerned you’re now an apostate and the only religion harder on religious apostates than liberals are Islamists.

Now it’s likely Mr. Musk is going to be all right because while a lot of the base will be outraged the pols will still want his $ over the long haul and will be loath to throw that piggy bank away.  However give the state of the left today it’s inevitable  that same base which forced Chuck Schumer into a losing filibuster and shutdown demands that Democrats candidates renounce Musk and his money or even demand those who have taken his now tainted case give it back.

If I was a Democrat operative even as I decried Mr. Musk to appease the base that I can’t win without, I’d be quietly reaching out to him, making it clear that they value his past support, his business model and his various project and any such statements to the contrary are strictly for show and should not be taken as their actual position (and if I was a republican operative I’d do all I can to expose democrats who are doing this).

I think it would be an excellent thing for conservative bloggers around the country to start asking Democrat candidates if they will vow to renounce Mr. Muck’s money based on the bases anger and ask folks like Corey Booker if they will give the money back. The sound bites such questions produce will be a lot of fun for use in the current election cycle and could cement Mr. Musk as a donor to conservatives for decades to come because like Jake in support your local Sheriff, like it or not you’re on our side now.

Cue James Garner and Jack Elam