The Left’s attempt to Delegitimize the Supreme Court

On February 4, the New York Times fired the first salvo in the Left’s quest to delegitimize Justices of the Supreme Court in the runup to what is to be expected to be one of the premier cases of the early century; that of the health care bill.  In an editorial they slanted the story on Justices Antonin Scalia and Clarence Thomas so blatantly and dishonestly that they stepped over the line into base propaganda.

Late last week, seventy-four Democratic Members of Congress led by noted moderate (yes, I’m kidding) Anthony Weiner sent a letter to Justice Thomas demanding that he recuse himself from any case before the Court related to the  bill. This follows a more muted comment by Senator Orrin Hatch suggesting the recusal of Justice Kagan on the grounds that she was Solicitor General of the United States until her appointment on August 10 last year to the Court.

In the case of Justice Thomas, the demand has been made because of his wife’s outspoken opposition to the bill and her involvement in Tea Party activities. The pretext being used is that Justice Thomas did not disclose her employment at the conservative Heritage Foundation from 1998 to 2003 until recently, even though she is well-known in Washington. In the case of Justice Kagan, it is because her role as Solicitor General would have involved discussions on the legal aspects and perhaps strategy, of the bill. One the one hand, the Democrats are demanding, on the other a Senator suggested. Therein lies the issue.

This morning, Eric Lichtblau of the Times continues the hit job with a sweetheart interview with Arn Pearson, a vice president of Common Cause, who have been fanning the flames of this nontroversy in their effort to boot both Justices off the Health Care case. This time, Common Cause is challenging Justice Thomas’ travel expenses when he spoke to a conservative legal foundation 3 years ago.

Justices Thomas and Scalia are well-known to be conservative, just as Justice Kagan is known to be more liberal. While Senator Hatch may have a point that Justice Kagan was a major party to the process of forming and passing the health care bill, the case against Justice Thomas first involves his wife, and second, is a pretext to delegitimize his participation in the decision. The case against Justice Scalia is even more specious, as the event where he was supposed to have violated his judicial ethics was attended by two of the most liberal members of Congress, who gave him a clean bill of health.

As an American, I have reasonable faith in the objectivity of our judges. While I expect their political and world views to be reflected in their decisions, I also trust that we are a nation of laws.

But as demonstrated by the unprecedented manner in which the health care was passed I most certainly do not have faith in the good intentions of 74 of the legislators who tied up the rules of Congress like a pretzel and rammed a deeply flawed bill through Congress in the dark of night. Even Speaker Pelosi, one of the architects, admitted she had not read the bill before the vote. The bill was written behind closed doors in an insult to our democratic process. Now the usual suspects wish to pursue their aims through extralegal means.

I know they will hate the term, but this is a “Hail Mary” play as they watch as 26 states have filed suit and two Federal judges have struck down the bill. Popular opposition to the bill is over 60%, and the bill just cost the Democrats their Congressional majority. There has rarely been such a divisive issue.

And now the gloves are well and truly off. The Left has made the Supreme Court a battlefield since the Thomas nomination. In 2000, they further damaged the credibility of the Court by claiming bias in the most convoluted and partisan case in American political history.They have done their best to demonize and belittle the credentials and opinions of the more conservative justices on the court. We can expect the vitriol to fly faster than ever before in this case. Health care is the centerpiece of the Left’s political agenda whether achieved legally and legitimately or not.

And that is the heart of the matter. The Left is doing its best to destroy those institutions which it opposes. This is not about the rule of law. It is about power and privilege. Intimidation, threats, deception and blackmail are the order of the day. We saw that with the passage of the health care bill on a scale that will keep the historians busy for decades. The Left wants tame courts and the ability to venue shop for them in order to pass any old thing they want. The use of executive orders and the regulation process are part and parcel of this process.

The system has been abused almost to the breaking point. Now one of the last unquestioned institutions has come under assault. Where do we go from here?