Making the Court Supreme Again

Tonight’s Supreme Court selection show has nearly left me verklempt. There’s a regal solemnity to watching the peaceful transfer of power in a first world country. Given that the Supreme Court is ultimately where that power resides, it’s quite admirable to see the left resist trying to take it by the crackle of gunfire. I suspect that won’t always be the case if history portends the future.

Regardless, I respect that our country’s former leader, Anthony Kennedy, conceded to abdicate after a mere 31 year rule—brief as the beat of a butterfly’s wings, the Chinese museum curators might one day call it. Though the man who made marriage out of rectum rootering has now retired to live out his days in pure platonic virtue. In his wake a new preeminent branch of government is formed.

Without knowing enough about Kavanaugh to speculate, I’m fairly impressed with Trump’s decision. I’m impressed because Mitch McConnell vainly offered that timeless cuckservative counsel: capitulate. The majority leader reportedly advised Trump that Kavanaugh would be a difficult nomination to shepherd through a Senate of hissing, scaly democrats. Someone like David Souter would be such a more pleasant task. After all, your enemies are always more agreeable to one of their own—so why not make it easy on yourself and just it give to them? To his credit, Trump appears to have only heeded part of that request. He gave it to them, let’s hope it turns out hard.

So with three jews and a wise latina now staring across the cultural abyss at (potentially) four goyim and a schwartze, the pivot point of this fractured tribunal has shifted rightward to Roberts. That means the Constitution may vomit up entirely new dictates from its penumbrae. For once it may be them who eats it.

I’d like to imagine a repeal of Brown v. Board of Education as the court’s first baby step toward reasoned jurisprudence. Though with that presumably being held in abeyance for the post-Ginsburg Court, here are a few more immediate actions to pursue…

Affirmative Action
There is absolutely no constitutional propulsion to keep this program moving. The ridiculous reconstruction era 14th Amendment has been used as the basis to make every legal concoction but ice cream. Yet bizarrely enough it hasn’t proven sufficient to actually make the one thing actually written: equal protection. The court could easily and quickly ban the entire preference edifice by simply quoting the Amendment. This should be considered an expectation, not a dream.

Birthright Citizenship
Perhaps one of the most ludicrous propositions in history resides in this jus soli interpretation. It’s an understandable decision from the bare text: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Though it’s not understandable in context of any lives that live outside of paper. If a Honduran broke into your home to disgorge her pregnancy on your living room floor, what would be your impression of a judgement that said you were now the legally responsible parent for life?

And so even though we can not simply ignore plain constitutional text unless it follows the heading “10th Amendment,” we can cite obvious qualifiers regarding those aliens who are not subject to American jurisdiction as citizens of foreign states.

Disparate Impact and Griggs v. Duke Power
These are related though not inseparable issues. Broadly, disparate impact mandates that a process or program is impermissible if it negatively impacts non-whites even where it is race neutral on its face. If you give this item an additional nanosecond of thought, you will understand its pernicious result. Different groups of people always feature distinct performance profiles. Any standard or metric of measuring this will necessarily impact one group more or less than another. But disparate impact dictates that no metric is permissible that negatively impacts any group but whites. So whites must be disparately impacted if you are to have any standards at all. The entire theory mandates what it purports to deny.

Griggs is interesting in that it generally prohibited IQ testing in the workforce. There’s a far more meaningful cascade from that edict than appears on the surface. Because in the absence of their own cheap and easy IQ tests, employers are forced to rely on very expensive proxies. Those are the elite universities that have made themselves into such cultural malignancies. The Griggs decision has funneled millions of the brightest minds into these leftist drone factories and created an entire class of well-paid and largely idle prog agitators.

Imagine if instead of plunging hundreds of thousands of dollars into debt while absorbing four years of neo-bolshevik agitprop, a young person with a high IQ could simply test into the training program of a top employer. That would represent a dramatic cultural inflection point. No one needs what most colleges are selling. They simply need the very long and costly IQ proxy test that employers require academia to provide, because the court decreed they may not administer it themselves.

So settle in, Justice Kavanaugh. There’s no time to waste.

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