by Clarice Feldman, American Thinker:
The Supreme Court handed down three major decisions this week, limiting an executive order that fabricated presidential authorization to forgive billions of dollars in school loans; denying governmental authority to compel people to create works that violate their free speech and freedom of religion; and prohibiting schools from considering the race of applicants in admissions in public and private institutions.
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There are two very good summaries of these three cases, here on AT by Andrea Widburg and in Real Clear Politics by Professor Charles Lipson. Dissents by justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson, were so badly written and reasoned that some wag said he was inspired to tweet, ”Having read the dissents, I’m even more against affirmative action in judicial selection.”*
For most of us these were welcome outcomes, and while Senators Charles Grassley and Mitch McConnell played an important role in keeping Merrick Garland off the court and allowing President Trump to get three justices confirmed, the main honor goes to him.
As Mike David reminds us:
Trump’s flawless Gorsuch nomination and confirmation united weak and wobbly Senate Republicans to run over the Democrats’ filibuster and lower the vote threshold from 60 to 51.
This comforted Kennedy enough to retire, so Trump could replace Kennedy with his protégé — and still keep weak and wobbly Senate Republicans onboard.
(There’s no chance another Alito or Thomas could have been confirmed in 2018, with Collins, Murkowski, Flake, and others being so weak and wobbly.)
If Kavanaugh’s nomination failed, Republicans would’ve lost the Senate in 2018 and the Court after 2020.
Trump never blinked, even when almost every Senate Republican did.
Instead, we pulled the rabbit out of the hat.
And knocked out 4 Senate Democrat incumbents and picked up 2 seats (when Republicans lost the House).
This paved the way for Trump’s replacement of Ginsburg with Barrett.
First constitutionalist Supreme Court majority in 90 years.
I can think of no other Republican — besides Trump — who had the political skills, force of personality, and backbone to pull this off.
When anyone claims any other Republican president could do this or do this better, they clearly do not understand how the process actually works. And they would have clearly failed.
No rational person could find fault with the Court’s ruling on loan forgiveness. As the Court noted, even Speaker Nancy Pelosi said the president lacked authority to do this. It seems quite obvious that Biden chose to do so anyway for political advantage, inducing those looking for a way out of their obligations to vote for his party, knowing that it would be some time before the matter could wind its way through the courts and be undone. Speaking of the Heroes legislation which was the purported authority for Biden’s action, Chief Justice John Roberts wrote, “The Secretary’s plan has ‘modified’ the cited provisions only in the same sense that ‘the French Revolution ‘modified’ the status of the French nobility’ — it has abolished them and supplanted them with a new regime entirely.” The Babylon Bee had fun at the expense of the Administration’s failed sleight of hand. The very notion that people who did not go to college or did go and paid off their loans should pay higher taxes to forgive loans even of couples earning up to $250,000 a year rankles almost everyone.
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