Saturday, July 09, 2022

OpEd: Justice Breyer Resigns. What Does Justice Kenanji Brown Jackson change?

Long term Progressive Justice Stephen Breyer announced he would be resigning at the end of the 2021/22 term. President Biden nominated Judge Kenanji Brown Jackson to replace him. Jackson's nomination was confirmed in the Senate.

Justice Breyer announced his retirement date as Thursday, 29 June, 2022. 

In the next Supreme Court term, Justice Jackson will be on the Supreme Court. 

Little will change in terms of policy on the Second Amendment. 

This correspondent does not expect Justice Jackson to vary from Justice Breyer's extreme hostility to the Second Amendment. 

According to Justice Breyer, the Second Amendment was never meant to apply to individuals. If it applied to individuals, it did not have any force of law a state government was obligated to respect. 

The Heller, McDonald, and now Bruen decisions reject that ahistorical analysis. The Breyer analysis can only be reached by an extremely selective view of the evidence.  

The Bruen opinion by Justice Thomas lays out the evidence in a clear and convincing manner.

The Progressive philosophical basis has always been the Constitution is an impediment to the formation of government policy. It must be neutered or ways must be found to "work around" the "problem" of Constitutional limitations of government power.  Such "need" is exactly how the nation came to have the Roe v. Wade decision.  

The Constitution limited the Federal government's power to make abortion legal across the nation. In our government of checks and balances, such power was left to the states.

The Second Amendment presents exactly the opposite. The government was forbidden from infringing on the right of the people to keep and bear arms. The  Fourteenth Amendment made clear both the Federal and State governments were so forbidden.

In the Progressive philosophy, limitations on government power are evil. They prevent the government from doing all the things Progressive theorists think need to be enforced against the poor, ill-educated, stupid and superstitious common people. 

In the precise opposite of the founders thinking, common people cannot be trusted with any power in government. They will only cause problems.

There is every indication Justice Jackson will follow in the footsteps of Justice Breyer. 

There is a difference. Justice Jackson was born on September 14, 1970. Justice Breyer was born on August 15, 1938. Justice Jackson is 32 years and a month younger than Justice Breyer. It is entirely possible Justice Jackson will serve on the court for another 35 years or more, if the Republic survives for 35 more years.

In addition, Justice Breyer, born 32 years earlier, probably has less difficulty in defining what is a woman.

Justice Jackson claimed not to be able to do so, because she is not a biologist.

This disconnect from simple reality bodes ill for decisions in which Justice Jackson has a say: all decisions forward from July of 2022, until Justice Jackson leaves the Supreme Court or until the Court is destroyed or dissolved.

By my count, the United States has endured 88 years of a Progressive Supreme Court, which worked very hard to change, spindle, and mutilate the Constitution to meet Progressive political goals. 

For the first time in 88 years, the Supreme Court appears to have an originalist and textualist majority which takes the Constitution and the limits it places on government power seriously. 

If this trend continues, Justice Jackson will not have much effect. She will remain in a dwindling minority on the court. 

If the trend is reversed, current Progressives are far more worried about maintaining government power against the people, reducing the international power of the United States, and insuring that China becomes the next major power on the world stage, than they are of upholding the Constitution and the rule of law.

Which future will prevail is uncertain at this time.

I pray God will heal our land. 

In addition to prayer, this correspondent urges everyone who is able, to organize and vote, while organization and voting still have chances to effect positive change and restore the Republic. 

My oath to support and defend the Constitution against all enemies, foreign and domestic, has never expired. 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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