We rarely hear or read of the way conservatives feel cheated by the System. We read of “Systemic Racism” — a lie, a Big Lie — and we are fed a never-ending dose of complaints by Nancy Pelosi, The Squad and their ilk of this unfairness or that unfairness. They expect criminals to be coddled. The police to be defunded. Bail to be ended as a system for assuring that accused criminals return to court. They expect ICE to be deconstructed, the border to be opened without restraint, illegals to be afforded Constitutional rights, taxes to be raised on those who work hardest to generate this country’s wealth, risk-taking to be punished, $3.5 trillion more borrowed from China to pay for social programs that never work, and energy exploration to be suppressed so that we again would become dependent on the dirty oil from the Arab Muslim tyrannical and anti-American sheikdoms.
We live in a Bizarro World, an upside-down universe where, when we read or turn on the news to watch mainstream news sources — ABC, CBS, NBC, PBS, CNN, MSNBC, the New York Times, and the Washington Post — we expect to hear and read sanity but instead get pummeled with craziness and irrationality. None of it makes sense, but “everyone” who seems to be “in the know” says and repeats it, leaving us wondering whether our television speakers are working properly, whether we are missing something so obvious. So we turn to publications like this one, and to opinion columns like this one, to assess whether we really are all alone.
We are not alone. We are in the tens of millions, really more than 100 million at least, given the 74 million — and more — of us over age 18 who lawfully cast ballots last November, plus those under 18 who think like us, plus those who failed to cast ballots and then complained the next day over results in which they were AWOL. We know for a fact that at least 100 million of us think this way — despite years and decades that amount to scores of years of continuous Left monopoly over information and opinion. The Courts have not fairly reflected the national majority consensus for at least three quarters of a century, as Democrat liberals and progressives rightfully have placed their judges on the federal benches but Republicans, other than Trump, have failed to do so as reliably for 80 years. Eisenhower beat the Democrat twice, but he gave us federal judges like Earl Warren and William Brennan. Nixon tried to give us Clement Haynsworth and G. Harrold Carswell but ended up giving us Harry Blackmun. Gerald Ford gave us John Paul Stevens. Yes, Ronald Reagan gave us Antonin Scalia, but he also gave us Sandra Day O’Connor and Anthony Kennedy. A batting average of .333 gets you into baseball’s Hall of Fame — but destroys America. George H.W. Bush gave us Clarence Thomas but also David Souter. George W. Bush gave us John Roberts and almost Harriet Miers.
We were entitled when it was our turn to have the same conservative consistency that Democrats have enjoyed from Elena Kagan, Sonia Sotomayor, and Ruth Ginsburg. When a contract would come before them early in their careers, for a judicial determination of breach, they surely always would be fair. Either there had been an offer, acceptance, consideration, breach — or not. Same with a banana slip-and-fall: either the accused tortfeasor bore a duty of care, breached, a breach that was both the actual cause and the proximate (foreseeable) cause, and caused damage — or not. But, years later, when politically tinged cases come before judges like those, the briefing and oral argument is pointless. We all know how the Kagans, Sotomayors, and Ginsburgs will (or did) rule on one thousand out of one thousand such cases. And, to a degree, that is fair because that is how they honestly see the thing. Thus, the System presumes that fairness balances out ultimately because some of them will get appointed during Democrat Left administrations, while others will get appointed by Republican conservatives. Yet the reality is that the System fails because, except for Trump who batted 3-for-3 because he is Trump, the others all compromised where their opponents across the aisle never would. Nixon caved on Carswell and Haynsworth. Reagan also caved.
If Roe v. Wade rankles, know that the justices who voted in favor of abortion on demand included Justices William Brennan (Eisenhower appointee), Blackmun (Nixon appointee), and Lewis Powell (Nixon). Also the moderately conservative Warren Burger (Nixon). The vote was 7-2. Had Nixon and Eisenhower done their jobs the way Trump did, vetting and showing backbone as when Trump stood by Brett Kavanaugh in the face of withering perjury, hypocrisy (Kamala Harris lecturing him on sexual morality?), and character assassination, that 7-2 would have been 6-3 or 5-4 the other way. And so it has gone on Affirmative Action, on Gay Marriage, and on so much else. Obergefell v. Hodges, the Supreme Court’s gay-marriage landmark case, went 5-4. No surprise how Ginsburg, Sotomayor, Kagan, and Breyer voted. And honestly — no quibble because they were appointed by Democrats, fair and square, to advance a left-wing shift in American culture and morals. But Kennedy had been named by a twice-elected Ronald Reagan, who had beaten a Jimmy Carter and then a Walter Mondale with a promise to restore conservatism. It was the Reagan appointee who changed American mores. In “Affirmative Action,” Brennan, Blackmun, and Powell made those race quotas a legal part of American life. That is, the System failed because Republican presidents got intimidated when Democrats “borked” their nominees, while Democrats knew Republicans would be too genteel to reciprocate. And that is why the Left wants to blow up the Supreme Court now — because, thanks to Trump’s trio, they never have experienced in their lifetimes an honest Supreme Court breakdown reflecting the voters’ presidential choices.
Just as the System has failed conservatives in the federal Courts, it has failed everywhere else. Under any fair legal system, Hillary Clinton now would be in prison for spoliating evidence and — possibly — for suborning perjury. Like Gravity — that is the law. That is why Martha Stewart went to prison; it wasn’t because of a bad recipe or a tablecloth she had not ironed. Those destroyed emails, that bleached server was not just about politics and yoga and Chelsea’s wedding dress. It is forbidden in the most serious way to destroy evidence. We attorneys all learn early in law school never to believe that stuff on TV and in the movies about “making evidence disappear” because you go to prison together with your client if you destroy evidence in a criminal proceeding. But Hillary uniquely got away with it, just as the various Trump-ordered “federal investigation” probes ultimately let her get away with it. She never will pay the price for her crime except in the abstract sense — and, yes, it is something — that she was certain she is oh-so-much smarter and more capable than are both Obama and Trump, yet lost to both of them so convincingly that she will go to her grave never coming to terms with how she lost and lost and lost. And, in the end, what difference does it make?
As for Special Counsel Durham — Bull Durham.
There is an unfairness in that Facebook and Twitter and the whole Silicon Valley social media monopoly turned out to be a cartel in leftist hands, with clearly leftist agendas of promoting leftist information and literally suppressing conservative views. Rockefeller’s Standard Oil was a private company that ultimately got regulated. Same with AT&T. In time, sooner or later, the Department of Justice is going to bust these Leftist Social Media monopolies, but it must await a day and time when the same restrictive monopolies do to the Left what they now do to conservative opinion and reasonable thought. And we know that is not fair because they have become utilities that should be regulated now.
And, for goodness sakes, the border. The idea that a person born in America automatically is an American citizen — no matter what — not only is unfair but never was the law. I personally have litigated a multi-million-dollar international health insurance case where a side issue was that a Mexican woman, pretty much nine months pregnant, essentially did the equivalent of a football “quarterback sneak,” basically just lunging across the border as her baby was coming out. The baby was declared an American citizen, and she did not even have to choose whether to go for a two-point conversion. The mockery at the border where the Illegals — and we’re not allowed to call them that? — get stopped, arrested, released with a court date, and end up in Minnesota’s Somali community voting for Ilhan Omar but never return for their court date, or end up in Georgia or North Carolina or Virginia where they replace the conservative majority, is unfair. It is not lawful, and there is no fair theory under which they get away with it. But they do get away with it, and the media to which we look for truth and guidance — ABC, CBS, NBC, PBS, CNN, MSNBC, the New York Times, and the Washington Post — plays the game with them. And the Republicans for forty years — not only McCain and endless Bushes but also Reagan — let them get away with it, legalizing it and assuring new waves to follow.
This Systemic Cheating, Systemic Unfairness grates at our souls. The cheating, the suppression of legitimate views, the manipulation of a reasonable system to pack the Senate with two new states that are not states and never were imagined as states when the Democrats were satisfied with their majorities, the talk of blowing up the judiciary and adding as many new judges as needed to change majorities — with contemptuous certainty that the other side will prove too weak and spineless to do the same when their next turn comes (and it will); making a mockery of language as the children of Illegals are called “Dreamers” while our children, what, lack dreams of their own to get into colleges honestly? The expansion of government handouts to able-bodied loafers and economic parasites who are told “These are not ‘handouts’ but ‘Entitlements’ because, for doing nothing to earn any of it, you are entitled to all of it.”
These are horrible things. They are not “entitled.” Not to my car. Not to my keyboard. Not to my two loaves of Shabbat challah. And, for goodness sakes, not to my earned income that the government expects me to pay in increased taxes to fund such “entitlements” so that Illegals and their Dreamers can supplant my lawfully situated children’s places in state university admissions decisions, even as my kids score a hundred points higher than they on college entrance exams — and as my taxes pay for those college seats, those professors, those course books, the bricks in those walls, and the electricity that powers the places on days when California is not browned-out by Green Energy efficiency.
The System is very unfair and cheats us. If you believe that, don’t forget that at least 100 million other Americans just recently said the same exact thing, cast their ballots that way. And if there is a tie vote, count me on your side to break it. In Yiddish, there is an expression — also the title of a book by Judge Judy: “Don’t Pee on My Leg and Tell Me It’s Raining.” ‘Nuff said.