Screwed by SCOTUS

My brother sent me a meme the other day:  a picture of nine Clarence Thomases under the heading “The Ideal Supreme Court“:

Memes are often pithy statements of the Truth, and, boy, this one nails it.  Given the treacherous and boneheaded rulings from the Supreme Court this week—particularly from perennial traitor Chief Justice John Roberts, joined in one ruling with milquetoast toady Neil Gorsuch—we could do for a Court full of Clarence Thomases.  Such a Court would understand the Constitution and the role of the Supreme Court in relation to it better than any Court we’ve had since the 1920s.

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TBT: Progressivism and Political Violence

It’s another late post today, as my post-New Jersey schedule is still a bit wonky.  I just got done with a twelve-hour stint of uncling, so there was barely time to eat lunch, much less write a blog post—even a quick TBT feature.

Given the recent attacks on conservative journalist Andy Ngo, it seems apropos to dedicate this week’s to one of my classics of the modern, TPP 3.0 era:  “Progressivism and Political Violence.”  I wrote this essay back in June 2018, and I’ve probably linked to it more than any other post I’ve ever written, because it touches upon so much of the Left’s pathos.

I wrote at the time that, if the Left lost all the arms of the government, they would use extreme violence to accomplish their ends.  That was before I fully appreciated how extensive and pervasive the Deep State truly is—the Left is so entrenched, it can never really be out of power in the current state of play.

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Carnival Gets Even Lighter in the Loafers

There’s something inherently flamboyant about Latin cultures.  Maybe it’s all the hip-thrusting dances and melodramatic machismo, coupled with the passionate temperaments of the people.

Whatever the reason, Brazil just got even gayer.  Brazil’s Supreme Court ruled 11-6 last week in favor of criminalizing homophobia and transphobia.  Wrongthink regarding same-sex marriage and other issues will be treated as equivalent to racism.

Violent crimes committed against homosexuals are a problem in Brazil, so rather than prosecute those assaults and murders as such, Brazil will now treat them as “hate crimes.”  Apparently, simply enforcing the law isn’t good enough for gays, so to be treated like everyone else, they want special treatment.

A homosexual rights group in Brazil argues that their kind are subject to violent attacks, citing the deaths of 141 homosexuals in the tropical nation this year.  That figure is, of course, tragic, but consider the high-risk lifestyle associated with being gay, lesbian, or transgender.  We don’t often discuss these risks in polite company, but the gay lifestyle invites dealings with some shady characters—older gays grooming younger men for the lifestyle, dangerous “bed-hopping” activities, etc.

Part of this vote is, surely, a reaction to Right-wing President Jair Bolsonaro, a self-described homophobe.  I would never endorse treating homosexuals poorly—or, God forbid, attacking them—because of their sexuality, but it takes a certain amount of courage and bravado to straight-up call yourself a homophobe in 2019.

But I digress:  President Bolsonaro, the “Trump of the Tropics,” strenuously opposes gay marriage and the undermining of traditional Brazilian values.  We might disagree with his tactics here in the United States, but, to his credit, he’s seen what happens when homosexuality becomes normalized.

Consider:  here in the United States, deep-blue States were voting against legalizing same-sex marriage just fifteen years ago.  Now we have trannies reading pro-LGBTQ2+ books to pre-school kids in public libraries.  You can’t blame Bolsonaro for wanting to block his country from sliding down that same slippery slope.

The other part of this ruling must surely be the creeping secular-progressivism that seems to afflict ruling elites of many Western and Western-ish nations.  No good thing can go unsullied for long from the globalist tentacles of Soros, Inc.

Finally, it does seem that Bolsonaro’s popularity is fading.  But like Trump, he retains a die-hard group of core supporters, and it could be that the overwhelmingly enthusiasm of his historic campaign is merely dwindling as the difficult task of governance continues.

All people deserve to be treated with dignity and respect.  That said, the aggressive attempts to normalize homosexual behavior and other alternative “lifestyles” are destructive to social stability and civilizational survival.  We shouldn’t be celebrating our own decadent embrace of decline.

Fictitious Frogs and Bureaucratic Despotism

Thanks to blogger photog at Orion’s Cold Fire for sharing this piece about federal overreach and Chevron deference, “The Celebrated Fake Frog that is Taking Down the Deep State” by Karin McQuillan:  https://amgreatness.com/2019/01/14/the-celebrated-fake-frog-that-is-taking-down-the-deep-state/

One of the key problems conservatives face today is the unelected, unaccountable “fourth branch” of the government, the massive federal bureaucracy.  This bureaucracy is so vast, even presidents can’t seem to rein it in (although President Trump is making an effort to drain the swamp).

The size and scope of it wouldn’t be so terrible if it weren’t so powerful.  Thanks to bad Supreme Court rulings and Congress’s willingness to give the hard task of legislating to federal agencies, bureaucrats have the power to write regulatory rules that have the force of law.  As McQuillan details in her piece, Congress passes vague, broad laws that leave politically-costly questions for the agencies to answer.  In turn, those agencies—shielded as they are from accountability to the voters—write whatever rules they wish, and the American people bear the brunt of these technocratic fiats.

That’s one source of President Trump’s woes from within the government:  there is surely an insulated, upper-crust of old Beltway hands that fully expect that they will call the shots.  McQuillan’s piece describes the absolutely wicked absurdity of this overreach, as exemplified by that most heinous of federal agencies, the Environmental Protection Agency.

Seasoned conservatives are familiar with the EPA’s history of insane, downright anti-human rulings, like preventing farmers in drought-stricken California from receiving much-needed water because they sought to protect the tiny delta smelt (fun fact:  the EPA killed more delta smelt when taking samples of their population sizes than would have died had irrigation systems been activated).

McQuillan’s piece details an example of a Louisiana farmer who was unable to use his privately-held land because it was a potential habitat for species of endangered frog—except that biologists argued the land could not support the frog even if someone put it there!  The farmer won against the EPA at the Supreme Court, setting the stage for potential dismantling of some of the Deep State, and its odious grant of power from Chevron deference.

It’s no wonder that the Deep State tried so hard to oust former EPA Administrator Scott Pruitt, and that it continues to punish President Trump with the pointless, costly, politically-motivated Mueller investigation.

As such, let’s continue to encourage President Trump—and the farmers in Louisiana, playing host to fictitious frogs on their dewy lands—to DRAIN THE SWAMP!

Logic Breakdown and the Kavanaugh Hearings

The Internet has been all atwitter with talk of the Kavanaugh hearings, particularly Dr. Christine Blasey Ford’s vocal-fry inflected testimony, as well as Judge Brett Kavanaugh’s, and Senator Lindsey Graham’s fiery, righteous outburst.

My general policy with such hot-button current events is to withhold comment until the facts are known.  That’s not a savvy move for a blogger, but it gives me time to make an informed judgment on what the Truth is likely to be.

Below are comments I posted on the Portly Politico Facebook page (which I encourage you to “like,” “follow,” and whatever else one has to do to get notifications these days) about the hearings.  What troubles me the most about the (it seems baseless) accusations against Judge Kavanaugh is the utter breakdown of logical thinking—and the utter willingness of his critics to throw due process and the principle of “innocent until proven guilty” under the bus.

But, we all know it’s political theatre.  The Democrats are attempting to delay or derail the confirmation process until after the 2018 midterm elections.  They could care less about Dr. Ford’s alleged sexual assault.  I also wrote that Judge Kavanaugh would be in for a thorough Borking, so we all knew this was coming; still, I naively did not fathom the depths to which the Left would descend.

As for Dr. Ford, she could very well have suffered some trauma—or some imagined, “recovered” memory.  The old “what-does-she-have-to-gain” defense is as baseless as her claims:  $100,000 (and counting) in GoFundMe money, the kudos of the “Resistance,” probably a book deal, a political career if she wants it—she will be richly rewarded for her role in the potential takedown of an eminently qualified, eminently respectable constitutional originalist.

Submitted for your edification—and the good of the Republic and logical thinking—my reflections:

Some logic re: the Kavanaugh hearings.

1.) Women (and men) are sometimes the victims of sexual assault, rape, etc. That’s bad–evil!

2.) Brett Kavanaugh can be innocent and can still be true.

Just because evil things happen to some people doesn’t mean that Brett Kavanaugh did anything evil, or what he has been accused of doing.

Further:  I keep reading and hearing that Dr. Ford’s testimony is “credible.” Based on what evidence? As far as I can tell, there is NO evidence to support her claim, and a great deal to refute or challenge it. Being emotionally compelling is not the same thing as having substantial evidence.

Maybe something happened to her, maybe not. It’s hard to imagine someone subjecting themselves to this scrutiny for light and transient reasons. That said, the “Resistance” is real. So are recovered memories, or flawed ones.

The Democrats in the Senate don’t care (in general) about Dr. Ford’s allegations or about what’s allegedly happened to other women. They care about delaying the vote on confirmation until after the election so they can scuttle the deal. They’re using women to further their own political agenda, and as much as they’ll protest to the contrary, they know all-too-well the dangerous game they’re playing.

They’ve been running this playbook for decades. Senator Lindsey Graham’s righteous outburst demonstrates that the scales have fallen away from Establishment Republicans’ eyes–the old Marquis of Queensbury rules don’t work when the other side will destroy you when it’s politically expedient to do so.

Baseless, misdirected, and/or politically-motivated accusations don’t help anyone. They harm real victims of sexual assault and rape, as well as men who may be entirely innocent. Further, in the Kavanaugh case, they undermine the legitimacy of our already-ossified institutions.

SCOTUS D&D

This past Monday night, President Trump nominated Judge Brett Kavanaugh to the Supreme Court, predictably sending progressives into apoplectic (and apocalyptic) fits of self-righteous virtue-signaling and white-knighting.  Naturally, Leftists realize their decades-long project of circumventing representative government through the courts might backfire—when you create an excessively powerful institution and lose control of it, you start to worry that weapon will be turned back on you.

There’s been a great deal of analysis since then of Kavanaugh and how his nomination might shift the direction of the Court.  I’m not steeped enough in the details to make a judgment call myself, though it seems that Kavanaugh is remarkably experienced, and interprets the Constitution fairly narrowly (in the sense that he’s not one to create “emanations of penumbras” of rights or legislate from the bench).

I’m a bit concerned that he’ll be too restrained, a la Chief Justice John Roberts, who disastrously upheld the Affordable Care Act twice, the second time largely on the grounds that the Court should avoid overturning what legislatures enact.  That’s a good impulse generally, but not when the plain language of the act states something contrary to what the Court rules, and the Court deciding that Congress “meant to write it another way” is a funny way of exercising judicial “restraint.”

Regardless, my sense is that Kavanaugh is a solid and safe pick.  I’d much rather have seen, say, Utah Senator Mike Lee get the nomination—there’s no ambiguity about his commitment to constitutionalism—but Kavanaugh might stand a better chance of surviving his confirmation vote (after a predictably theatrical bout of boisterous dissent from doomsday-speaking Democratic Senators).

But I digress.  In attempting to analyze the Supreme Court, Conservative Review‘s Joseph Koss has applied a nifty little model to try to make sense of where the Court has been, and where it might be headed with the addition of Kavanaugh.

Koss is quick to point out that he’s not completely satisfied with this model—he applies the classic Dungeons and Dragons alignment system (the nerd in me is rejoicing)—and that some justices don’t quite fit into one of the nine slots, but he explains his placements thoroughly and carefully.

Check out his analysis here:  https://mailchi.mp/ab9d22079504/supreme-court-alignment?e=0d04a04a52

He also invites readers to tell him how wrong he is here.

***

What do you think, TPP readers?  Is Kavanaugh a slam-dunk pick?  A Washington-insider swamp creature sell-out?  A rock-ribbed conservative?  Leave your thoughts and comments below!

The Evolution of Judicial Supremacy – Judicial Review

Last night, President Trump nominated Judge Brett Kavanuagh to serve on the Supreme Court to fill the vacancy left by the retirement of Justice Anthony Kennedy.  As such, I thought it would be germane to explore briefly the role of the Supreme Court.

Popular understanding of the Court today is that it is the ultimate arbiter and interpreter of the Constitution, but that’s not properly the case.  The Court has certainly assumed that position, and it’s why the Supreme Court wields such outsized influence on our political life, to the point that social justice snowflakes are now worried about Justice Ruth Bader Ginsburg’s diet and exercise regimen.

Properly understood, each branch—the President, the Congress, and the Court—play their roles in interpreting the constitutionality of laws.  Indeed, President Andrew Jackson—a controversial populist figure in his own right—argued in his vigorous veto of the Bank Bill, which would renew the charter of the Second Bank of the United States, that the President had a duty to veto laws that he believed to be unconstitutional.

Unfortunately, we’ve forgotten this tripartite role in defending the Constitution from scurrilous and unconstitutional acts due to a number of historical developments, which I will quickly outline here, with my primary focus being a case from the early nineteenth century.

The notion that the Supreme Court is to be the interpreter of the Constitution dates back to 1803, in the famous Marbury v. Madison case.  That case was a classic showdown between Thomas Jefferson and James Madison on one hand—representing the new Democratic-Republican Party in control of the executive branch—and Chief Justice John Marshall, a Federalist appointee, on the other.

The case centered on an undelivered “midnight appointment” of William Marbury to serve as Justice of the Peace for Washington, D.C.  The prior president, John Adams, had issued a handful of last-minute appointments before leaving office, and left them on the desk of the incoming Secretary of State, James Madison, to deliver.  Naturally, Jefferson and Madison refused to do so, not wanting to pack the judicial branch with any more Federalists, and Marbury sued for his appointment.

If Marshall ruled that Madison must deliver the appointment, there was a very real risk that the Jefferson administration would refuse.  Remember, the Supreme Court has no power to execute its rulings, as the President is the chief executive and holds that authority.  On the other hand, ruling in Madison’s favor would make the Court toothless in the face of the Jefferson administration, which was already attempting to “unpack” the federal courts through acts of Congress and the impeachment (and near removal) of Justice Samuel Chase.

In a brilliant ruling with far-reaching consequences, Marshall ruled that the portion of the Judiciary Act of 1789 that legislated that such disputes be heard by the Supreme Court were unconstitutional, so the Supreme Court could not render a judgment.  At the same time, Marshall argued strongly for “judicial review,” the pointing out that the Court had a unique responsibility to strike down laws or parts of laws that were unconstitutional.

That’s all relatively non-controversial as far as it goes, but since then, the power of the federal judiciary has grown to outsize influence.  Activist judges in the twentieth century, starting with President Franklin Roosevelt’s appointees and continuing through the disastrous Warren and Burger Courts, have stretched judicial review to absurd limits, creating “penumbras of emanations” of rights, legislating from the bench, and even creating rights that are nowhere to be found in the Constitution.

Alexander Hamilton argued in Federalist No. 78 that the Court would be the weakest and most passive of the branches, but it has now become so powerful that a “swing” justice like former Justice Kennedy can become a virtual tyrant.  As such, the confirmation of any new justice has devolved into a titanic struggle of lurid accusations and litmus tests.

The shabby treatment of the late Judge Robert Bork in his own failed 1987 nomination is a mere foretaste of what awaits Judge Kavanaugh.  Hopefully Kavanaugh is well-steeped in constitutional law and history—and will steadfastly resist the siren song of personal power at the expense of the national interest.

Progressivism and Political Violence

The modern Left idealizes political violence.  That’s a bold statement, but it’s true, and the truth of that claim dates back to the French Revolution.  That revolution—so different from our own—was the root of almost all totalitarian movements in the 20th century, and of the American Left’s current mood for mob activity in the name of “progress.”

The big story in the world of the American Right this week has been Democratic Congresswoman “Auntie” Maxine Waters’s calls for active disruption of Trump administration officials in their private lives, to the point of harassing them at restaurants, department stores, and gas stations—even picketing at their homes, as happened to Secretary of Homeland Security Kirstjen Nielsen‘s home twice.

Waters’s execrable remarks—and her blasphemous contention that “God is on our side” (if she’s referring to Baal, the ancient Canaanite fertility god who worshipers tried to appease with child sacrifices, I’m sure he is pleased with Democrats’ support of abortion, but THE One True God must be weeping constantly over those lost lives)—were inspired by the ouster of White House Press Secretary Sarah Huckabee Sanders from the Red Hen, a restaurant in Lexington, Virginia.  In a Fox News interview after the fact, Sanders’s father, former Arkansas Governor and bassist Mike Huckabee, alleged that the progressive owner of the restaurant followed the Sanders party down the street, heckling them.

None of these events, in my mind, are surprising, but, rather, a reminder of the progressive Left’s taste for violence—or, at the very least, of achieving its long-term political goals by “any means necessary” (a slogan of the so-called “Resistance”).

Recall the soon-forgotten shooting of congressional Republicans last year as they practiced for Congress’s annual interparty baseball game.  That attack, the fevered result of a Bernie Bro’s break with reality, nearly killed Louisiana Congressman Steve Scalise.  It’s easy to forget the anti-Trump hysteria of 2017 (because the anti-Trump hysteria of 2018—after the President’s proven himself in office—seems even more unhinged), but the Left was out for blood after the Inauguration, with pink-hatted activists shouting at the sky in protest.

The Left has taken America’s cold civil war hot because it doesn’t control any of the levers of power in government.  With the retirement of swing Justice Anthony Kennedy, progressives may see their last ace-in-the-hole, the courts, lost for a generation (to be clear, the Left is still dominant in academia, pop culture, the arts, major non-profits, the corporate world, and pretty much everything that isn’t the federal and State governments).  The last tactic, then, is to amp up their social intimidation to borderline—and, if necessary, actual—violence.

Consider that the Left can only push forward its agenda for any length of time through means of coercive power (although maudlin emotional manipulation comes in handy, too, and works well with easily-manipulated “feel-good” types).  Traditionally, that’s been through the power of the state—the massive reach of the federal government.

It was the modern political Left, growing out of the Progressive movement of the late nineteenth and early twentieth centuries, that brought first the New Deal, and then the Fair Deal and the Great Society, that vastly expanded the size, scope, and reach of federal power.

While Americans were largely content with some government assistance during the throes of the Depression—and naively believed that the federal government could actively solve the nation’s problems after the Second World War, given the government’s success in fighting that global conflict—they could not stomach actual Marxism.  So it was that Democrats began gradually to lose their mid-twentieth-century vice grip on the ballot box.

With the rise of the “New Right” in the 1960s and 1970s, followed by the election of His Eminence Ronaldus Magnus in 1980, Leftists increasingly turned to the courts to fulfill by judicial fiat what could not be achieved at the ballot box.

Take, for example, the overturning of California’s ballot initiative, Proposition 8, to amend the State’s constitution to outlaw same-sex marriage.  In California—the beating heart of the modern progressive movement—a small cadre of unelected officials overturned the will of the people.

Similarly, Justice Kennedy more or less decided that federalism doesn’t matter, and we should believe that the Founding Fathers meant to support casual same-sex boning, but just forgot to put it in the Constitution (I have friends who support same-sex marriage who disagree with the Obergefell v. Hodges ruling, arguing that it oversteps the Supreme Court’s constitutional authority).

The courts were the back-up plan.  I’ve actually read (anecdotal evidence alert) some progressives posting on Facebook to the effect that, “Well, we overplayed the judicial activism thing for too long, and we relied on it at the expense of electoral victory.”  Those comments are rare—more of them are childish weeping and/or promises to move to Canada or “stop joking around.”

Now that President Trump is in the White House, Republicans control Congress, and the Supreme Court is ready to tip narrowly toward constitutional originalism, Leftists are apoplectic, and are showing their true colors.  They have two choices:  make a compelling case to the American people to elect more Democrats in November, or double-down on hysteria and send us hurtling closer towards the Second American Civil War.

While there’s been much talk of a “blue wave” this November, the Left’s outbursts and fascistic tactics seem to be hurting Democrats nationally.  That doesn’t mean they won’t take the House or the Senate—after all, some of these districts are so blue they keep voting in borderline illiterates like Congresswoman Sheila Jackson Lee of Texas—but their chances are narrowing.

Even if they do take control of one or both chambers, President Trump will still control the executive branch, and, as yet, has done nothing impeachable (being crude or saying awesome stuff on Twitter don’t qualify as “high crimes and misdemeanors”).  Sure, they might try, but it would be like the Radical Republicans impeaching President Andrew Johnson for ignoring an unconstitutional act of Congress—purely politically-motivated.

If there is impeachment in the House, it will fail—Trump will not be removed from office by the Senate—the Democrats will find themselves stuck for another two years with a president they irrationally despise.  The way things are going, he’s likely to win reelection in 2020 (please, sweet Lord).

But all of this is conjecture.  There’s a good chance Republicans hold onto the House and pick up vulnerable Democratic seats in the Senate (such as Heidi Heitkamp’s seat in North Dakota).  What then?  With a new conservative Supreme Court justice, the Left is marginalized at the federal level, other than their Deep State cronies.

My guess is that we’ll see more insanity and violence before we see less.  The Left will double-down on this progressive agenda for a decade, until a moderate, Bill Clinton-style moderate appears, or the economy turns sour (not likely!), or they can cobble together another Obama-style rainbow coalition.

The question is, will their propensity for political violence boil over into full-scale warfare and defiance of constitutional authority?  We’ve already seen California nullify federal law by refusing to enforce immigration law.  Distrust between people of different political backgrounds is at feverish highs.

Beyond some fringe kooks, no one on the American Right wants to see violence.  But the progressive Left’s deep-rooted love of “punching Nazis” and strangling dissent won’t broach much room for disagreement.

We’re living in scary times.

 

Breaking: Justice Anthony Kennedy Retires

The past few weeks have been chock-a-block with major developments.  The Supreme Court, in particular, has been in the news quite a bit, including striking down compulsory dues payments for non-union members.

Now that the current session of SCOTUS is in recess, Justice Anthony Kennedy, the infamous “swing” justice, has announced his retirement, which is effective 1 July 2018.

This gives President Trump his second opportunity to appoint a justice to the highest court in the land.  The Neil Gorsuch nomination was a slam-dunk, as recent Supreme Court rulings have demonstrated.  Now Trump has the opportunity to appoint a true, consistent, constitutional conservative to the bench.

Justice Kennedy was nominated thirty years ago, after the railroading of Robert Bork.  Bork, a hard-nosed conservative and constitutional originalist—indeed, Bork made originalism cool again—was slandered by the execrable Senator Edward “Teddy” Kennedy, the so-called “Lion of the Senate,” in his melodramatic “Robert Bork’s America” speech against Bork’s appointment.

The speech—a classic misunderstanding of constitutional originalism, and a classic example of fearmongering—argued that women would be forced to have back alley abortions, that black Americans would have to sit at segregated lunch counters, and that Americans would face “midnight raids” on their homes.  Critics of originalists ignore that constitutional originalists recognize the amendment clause of the Constitution—they wouldn’t very “originalist” if they didn’t—and so falsely claim that anyone who supports a literal reading of the document supports slavery (or some such nonsense).

Regardless, President Trump’s potential nominee—who will be chosen from a list of twenty-five—will no-doubt face a proper Borking of his own.  Here’s hoping the Republican-controlled Senate can avoid cucking out on this rare opportunity, and put someone who actually understands and believes in the Constitution on the bench.

Breaking: SCOTUS Upholds Trump’s Travel Ban

In a rare victory for constitutionalism and common sense, the Supreme Court in a 5-4 ruling upheld President Trump’s so-called “travel ban” on those coming from five majority-Muslim countries and two non-Muslim nations, Venezuela and North Korea.

Congress has given the President broad powers over immigration, and the Supreme Court upheld those powers, without endorsing the soundness of the policy.

The legal challenge to the ban was on the grounds that it was motivated by an anti-Muslim bias.  Whether such a bias was a motivating factor or not is inconsequential; the US President has the authority to ban travel by foreign nationals to the United States on any grounds, for any reason.  Any distaste for a president’s immigration policy should be demonstrated at the ballot box, not in the Supreme Court.

Ultimately, too, trying to read the mind of the president—especially if it’s President Trump—is a thorny proposition.  While candidate Trump made several (accurate) remarks about the dangerous nature of radical Islam as part of a justification for a proposed ban on travel by all Muslims—an idea that is probably unworkable in practice—that’s not enough evidence to support an anti-Muslim animus.

Further, what counts as an “anti-Muslim animus”?  If I criticize Pakistani-run child “grooming” gangs in Great Britain, is that an indicator?  If I speak out against genital mutilation in Muslim Somalia, does that qualify?  There’s a difference between speaking hard truths (for example, a substantial number of Muslims think terrorism is justified, even if they themselves wouldn’t commit an act of terror) about a group and hating it.

The legal challenges to the travel ban boiled down to feel-good emotionalism—“you can’t say anything bad about a minority group or your policy is invalid!”—not an actual constitutional argument against it.  The policy may or may not be sound—I think it makes perfect sense, but others are free to disagree—but that’s for the voters to decide, not a small group of legal agitators hoping for a win in the Supreme Court.