There are plenty of other hot takes at the NY Times alone, such as the editorial board finding that Kavanaugh should not be voted to the Court because he got mad and upset during the hearings where he defended himself from scurrilous, false allegations. This is the same editorial board which hired a confirmed racist in Sarah Jeong, and went forward when the allegations were proven. Then you have Michelle Goldberg claiming a cover up in the FBI report which Democrats demanded.
But the one by Michael Tromsky, who is a very far left Progressive/Socialist, takes the cake
The Supreme Court’s Legitimacy Crisis
It’s not about Kavanaugh’s alleged behavior. It’s about justices who do not represent the will of the majority.
Test your Supreme Court knowledge: In the entire history of the court, exactly one justice has been
a) nominated by a president who didn’t win the popular vote and
b) confirmed by a majority of senators who collectively won fewer votes in their last election than did the senators who voted against that justice’s confirmation.
Who was it?
If you’re like me, your mind started leapfrogging back to the 19th century. After all, this sounds like one of those oddities that was far more likely to have happened when our democracy was still in formation. (snip)
No — it turns out you don’t have to go back very far at all. The answer is Neil Gorsuch.
Donald Trump won just under 46 percent of the popular vote and 2.8 million fewer votes than Hillary Clinton. And Mr. Gorsuch was confirmed by a vote of 54-45. According to Kevin McMahon of Trinity College, who wrote all this up this year in his paper “Will the Supreme Court Still ‘Seldom Stray Very Far’?: Regime Politics in a Polarized America,†the 54 senators who voted to elevate Mr. Gorsuch had received around 54 million votes, and the 45 senators who opposed him got more than 73 million. That’s 58 percent to 42 percent.
And if the Senate confirms Brett Kavanaugh soon, the vote is likely to fall along similar lines, meaning that we will soon have two Supreme Court justices who deserve to be called “minority-majorityâ€: justices who are part of a five-vote majority on the bench but who were nominated and confirmed, respectively, by a president and a Senate who represent the will of a minority of the American people.
And he goes on and on and on and on regarding this line of thought feelings. Which misses the point that Supreme Court is not there to represent the will of the majority, but to determine Constitutionality and rules of law. Equal justice for all. Not be mouthpieces for who got the most votes.
Further, Trump did receive the most votes per the way the Constitution lays out the election of the president. The Senators who voted for Gorsuch received the majority of individual votes in their state races to win their seats. It doesn’t matter how many Dianne Feinstein may have received in California vs how many Richard Burr received in North Carolina.
And, we should never forget that there are ways and means to protect the minority in Congress, the legislative branch, up to a point. We do not live in a majority rules nation.
These illogical, illiberal, anti-Constitution, Trump Derangement Syndrome (would be the same if Rubio, Jeb!, Cruz, or some other Republican won the presidency, though, perhaps the derangement would have been a 9/10 instead of a 13/10) infused Democrats should be pissed at Hillary for her campaign season failures, and, just suck it up. Trump’s president. Get over it.
