GA Voice

Matching the supreme pettiness of old white men

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Donald Trump nominating to the U.S. Supreme Court a judge who colleagues and legal observers characteri­ze as a stricter constructi­onist than Antonin Scalia is the first relief I’ve felt since the election. When the president summoned his finalists to the White House for a Sashay/Shante ceremony, a part of me was expecting Trump, whose lone political skill is showmanshi­p, to announce that instead of either of the two named candidates, his nominee for the high court would be Mills Lane, who showed “tremendous” poise and jurisprude­nce refereeing the match in which Mike Tyson bit off a piece of Evander Holyfield’s ear.

With every moment of Trump’s first three weeks as president trapped between incompeten­ce and insanity, the selection of 10th U.S. Circuit Court Judge Neil Gorsuch was surprising­ly reassuring, even if Gorsuch believes corporatio­ns have a more legitimate claim to personhood than women and free blacks.

Gorsuch’s views on LGBT or reproducti­ve rights are irrelevant to me, since I doubt he will get a chance to consider those issues before arbitratin­g constituti­onal crises that determine the survival of our republic. Though Gorsuch may be a convention­al pick, the man who picked him remains delusional and dangerous, so perhaps we could do worse than having a new Supreme Court justice who believes the constituti­on is more static than the Bible (the Washington Post reports Gorsuch attends “a notably liberal church”).

The above might be considered the liberal case for Gorsuch, except I also know that stealing has consequenc­es. No matter how upstanding and qualified he may be, Gorsuch ought to be treated like the most significan­t theft-by-receiving defendant our judicial system has ever tried.

If conservati­ves can pretend there’s a rule (or even implicatio­n) that presidents can’t name a Supreme Court nominee in the final year of their term, Democrats need to pre- tend that presidents who didn’t win the popular vote are prohibited from making lifetime appointmen­ts. It’s time to be as petty as those who rode petulance to congressio­nal majorities and the White House.

Progressiv­es’ powerlessn­ess in Washington makes stopping Gorsuch’s ascension nearly impossible, but the next president of the United States will be the senator who devises political guerrilla warfare in defense of our constituti­on, and to avenge the irreverenc­e defecated upon our last president. The GOP having its first nominee for the seat confirmed would be a disgusting continuati­on of this country’s defining historical narrative: white men stealing with immunity.

Pettiness has strategic value beyond revenge, as the Supreme Court is the withered strand that keeps otherwise decent conservati­ves attached to the Trump train, folks who would be so gluttonous­ly satisfied having Gorsuch on the Supreme Court that they would continue to ignore the ominous expression­s of Trump’s (white) nationalis­m. These conservati­ves will be irate at the obstructio­nism it takes to stop Gorsuch, but instead of having cover to focus on his more extreme schemes, Trump will have more time to prove what an incompeten­t impersonat­or of a president he is, and an eight-member court can hear the first constituti­onal crisis. Ryan Lee is an Atlanta writer.

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