I’m fairly certain I haven’t heard so much screeching about a possible Supreme Court nominee ever in my lifetime. The pending retirement of Justice Kennedy has the left so freaked out, its even inspired some of their allies in the media to predict the doom of America and the rollback of basic civil rights.
All anyone needs to do is read this article in the New Yorker from esteemed (sarcasm) Legal Analyst for CNN, Jeffrey Toobin. In a single paragraph, Tobin outlines what the left fears from another appointment by President Trump:
It will overrule Roe v. Wade, allowing states to ban abortions and to criminally prosecute any physicians and nurses who perform them. It will guarantee that fewer African-American and Latino students attend élite universities. It will approve laws designed to hinder voting rights. It will sanction execution by grotesque means. It will invoke the Second Amendment to prohibit states from engaging in gun control, including the regulation of machine guns and bump stocks.
I’m fairly certain I’ve never read this level of lunacy in my life, especially from someone that’s supposed to know and understand law. Understand that he is a regular pundit on CNN and this is what many on the left are hearing since the announcement of Kennedys retirement.
Everything he writes in the above paragraph could be considered not a legal opinion, but a product of a paranoid mind. I can’t imagine what has him believing any of this drivel.
I’ve addressed what I think about the Roe decision here and also the Masterpiece Cake Shop decision, here. I’m not sure what Toobin is talking about when he says, “It will allow shopkeepers, restaurateurs, and hotel owners to refuse service to gay customers on religious grounds.” Has he never heard of public accommodation law? The Masterpiece decision was not based on religious freedom, but on religious bias – bias against a religion – by government.
Toobin goes on to state basically that non-white students will be prevented from attending the best universities. On what basis? I can only think he’s referring to Affirmative Action law which the court has ruled on in other cases.
Could the court overturn previous decisions? Sure they could. They have in the past and will probably do again in the future, but its rare.
This article though does nothing but stir up those on the left that imagine only the worst possible scenarios for the future. All of us, no matter our political leaning, should reject it.