Accelerationist Court Rhetoric

After the Kavanaugh fiasco, a cry rose up from the punditocracy. “When we get back in power, we will stack the Supreme Court! #11Justices” Some even said this should be a litmus test for the 2020 Democratic presidential nomination. Politicians did not say this but the media did, which holds real power anyway. The media decided to escalate the current political frenzy, touching norms and mores that an ascending majority firmly grasping nearly all levers of power should not. The pundits decided to accelerate the tensions and pressure in society.

This is not to say the Democrats left this idea alone. The media merely dropped Discord’s Golden Apple into the realm of public discourse as they do with every new left wing goal. Gay marriage, open borders, stuffing the Supreme Court. Democrats were careful to use Sen. McConnell’s aggressive judge nomination process in October to say that he was stacking the courts. He was not. He was filling vacancies via a deal Sen. Schumer struck with him, but now the left can do what it always does. It can accuse the other side of doing what it wants to do, and therefore, when they get the whip hand, they can do it as retaliation. The left cries out as it strikes you.

This is not the first time that the left has taken an extreme measure to manipulate temporary setbacks into more victories. Few Americans realize just how horrificly abnormal the faithless elector campaign was in late 2016. This cost Trump two electoral votes, but the manner in which the campaign went about was disturbing. There was the Harvard law professor trying to network with electors to switch, despite this concept being a rarity in modern American electoral history. This did not even happen in 2000. The Clinton campaign even reached out to the forces working on this. This was a dangerous step as it set up the idea that there would be one more veto on a candidate even if they won. The idea that it takes 270 electoral votes to win is now out the window if our cultural ruling class deems you unacceptable. The left has once again escalated and broken norms and mores.

Stuffing the Supreme Court is something even FDR could not get passed yet here is the 21st century left writing Voxsplainers on why this is cool, good and needed now. This is in addition to figures like Eric Holder and other legal commentators stating that the current Supreme Court if it rules in a steadily partisan manner loses legitimacy. Eric “Let’s run guns to cartels” Holder warned someone else about legitimacy. The norm poking will not end, as merely one month later, after the midterms, the cry went up that the US Senate should be arranged differently. This came with ludicrous LA County vs. six rural states representation maps or claims that the Senate was set up to aid slaveowner states. There are no principles, there is no consistency and this is all going to trigger legitimacy crises throughout the entire American polity.

The American voter has been overturned for decades now by judicial fiat. Most of the progressive agenda has been forced on America via judicial decree. President Trump sees injunctions fly in from judges Hawaii or Washington, styming his efforts. The American kritarchy has become the final say on any law from anywhere. Black robes for these cardinals instead of red.

A packed court of a few additional Sotomayors or Kagans would first break the norm of nine Supreme Court Justices. The additional problem that the left faces in this push to exert its will is that so much now rides on the Supreme Court that states are constantly seeing any attempt at sovereignty or social wiggle room crushed by the final say from SCOTUS. Even bringing this up places it into the minds of 21st century, literate left wingers, which is an unhealthy realm. They will not let this go, and do not be surprised if it becomes a new, weird litmus test at debates in 2020. Did you forget the black/all lives matter fiasco during the last cycles Democrat debates? The court is one of those institutions that enough people could agree was somewhat fair, and even that reputation has eroded. The treatment of Justice Kennedy as the king like figure that he was due to his unique win streak in 5-4 SCOTUS rulings was the sign of an unhealthy political arrangement.

It is not hard to piece together a puzzle of, say, the immigration vote hack with a packed SCOTUS court appointed on the back of the immigration abetted president with approval resting on red states recently turned blue due to immigration, and seeing the picture as a recipe for states to ignore DC. Just as the left is laying the groundwork for radically altering the Supreme Court, the right is laying the justification that all left electoral victories are thanks to cheating via immigration. For the system to hold, the lies must be propped up. Stacking the supposedly impartial referee Supreme Court cuts that big, fat judicial lie to shreds. It is not hard to see this be the spark for a conflagaration as even the meekest of cucks, even the most clueless of fair + square suburbanites, finally sees that it is better to flip the Monopoly board and seek new arrangements. At a minimum, it could make one governor simply say, “Enough” and disregard the missive from our rotting imperial center.

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