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Thursday, June 28, 2018

Proof they hate Trump because he is not a fascist

Richard L. Hasen, a professor of law and political science at the University of California–Irvine, lamented the refusal of Justice Anthony Kennedy to do Hasen's bidding in what likely is the final year before the justice retires.

The column by Hasen provided a great insight into what the Left wants, and it is not quite what conservatives think.

Hasen looked at two cases: gerrymandering and gay wedding cakes.

"Let’s start with the redistricting case. For the last 14 years, Kennedy has called upon litigants to come up with some standard to help the court separate permissible from impermissible consideration of party in redistricting. The court this term granted two different partisan gerrymandering cases: one with a Republican gerrymander and one with a Democratic gerrymander; one involving state legislative districts and the other involving congressional districts; and one with an equal protection theory and the other with Kennedy’s favorite, a First Amendment theory," Hasen wrote.

I am trying to think of how free speech, a free press, freedom of religion, the right to peaceable assemble, or the right to petition government for redress — things that are actually in the First Amendment — possibly affect the drawing of legislative districts.

Perhaps Justice Kennedy saw the dead end as well for he disappointed the professor.

"And yet when the time came to pull the trigger, Justice Hamlet just couldn’t. He joined a majority opinion that sidestepped the issue via a technicality, and pointedly did not join Justice Elena Kagan’s concurrence, which fleshed out the First Amendment theory Kennedy had been toying with for the last decade and a half. Had Kennedy joined Kagan’s opinion that would have meant five justices endorsing a First Amendment gerrymandering theory — and American politics would never be the same," Hasen wrote.


Hasen would allow — no, advocated — having one unelected man accountable to no one upend two centuries of law on an odd interpretation of the First Amendment.

Professor Hasen sneered at Kennedy's judicial restraint. Hasen wants the court to rein in Trump.

But everyone knows President Trump needs no reins. Unlike Obama, President Trump has not sent the IRS on opponents, and has not spied on political opponents.

President Trump like General Washington before him views presidential power with a reluctance. He know if he can abuse his authority, he is allowing the next guy to abuse it more.

Which is why the Left resents President Trump. Instead of sending in stormtroopers, he tweets.

They see that as a sign of weakness.

But then they always get Donald Trump wrong.


Please enjoy my books in paperback and on Kindle.

Trump the Press covers the nomination.

Trump the Establishment covers the election.

Fake News Follies of 2017 covers his first year as president.

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  1. Man, Big D, you go where no man has gone before in finding these pieces from nobody professors. Good on ya, but honestly, I couldn’t care less what Richard Hasen thinks about anything. He’s a farkin egghead liberal.

  2. “Hasen”.

    That’s the German verb for “to hate”, isn’t it?

    1. Actually, Dave, I think it means rabbit (hasenpfeffer, for instance) but I know where you’re coming from.

    2. zregime is right. Hassen (note the extra "s" is the verb form of the noun, der Hass (the hate). German is a little tricky. (Twain has a wonderful essay on just how tricky.)

  3. Hasen means nobody in SC dialect.

  4. The liberal jurists don’t give a rip about the constitution. It is not their guide. Same to their supporters. They will refer to foreign law when it helps their argument - cherry picking the law and the country as needed.

    I Hope PDJT can fill the seats of two liberal jurists over the next 6 years. Ol Chucky Schumer and Chrissy Matthews will explode in fury.

    As a last resort, The jurists should be impeached for violating their oath of office (fat chance).

    1. 3 - Notorious, Breyer, and Wise Latina.

    2. I was being a realist based on age. Four would be the grand prize as Kagan is a disaster as well.

      I also wonder if Justice Thomas would retire in year 7 of PDJT term so as to ensure he is succeeded by a true constitutionalist judge.

    3. He will be missed whenever he goes.

    4. S-L -

      I am going with VSFPDJT's own prediction -

      He has a habit of doing what he says he is going to do. ;-)

  5. "Live and let live" means it was wrong for centuries to legally punish gays -- but it's also wrong to legally punish those who believe gay sex is sinful and aren't willing to support it.

    The SCOTUS has almost always accepted state rights for drawing districts. It is a mistake to try to legislatively "balance" districts.

  6. lets hope the Justice Trump picks doesn't decide to fall right into Kennedy's "look at how important I am" style of judging.