There is no shortage of op-eds on why Justice Thomas should resign. They are well written and make strong cases. And sadly, they don’t matter a damn bit. Justice Thomas will not resign. He will grow old and die on the court. And unless the Dems hold the Whitehouse and Senate, his seat will go to a member of the Federalist society.
I want to point out this article from: newrepublic.com
“It’s no secret why the party turns to this particular district in search of a favorable ruling. All but two of its 18 judges were appointed by Republican presidents, and a Democratic president hasn’t appointed one in the district since 1999. Almost every major Biden administration initiative runs a similar gauntlet: A coalition of Republican state attorneys general files a legal challenge in the Northern District, a Republican-appointed judge grants a preliminary injunction blocking the policy from going into effect, the majority-Republican-appointed Fifth Circuit Court of Appeals upholds the order, and the majority-Republican-appointed Supreme Court usually declines to intervene.”
If the term “Judicial Activism” were applied to the right then this would be judicial activism.
But that was the plan.
The Federalist Society built a system to control the judiciary so that it may function in the interests of it funders.
And this leads me to Sen. Sheldon Whitehouse‘s 2019 Speech.
Then there is the third Federalist Society. This one doesn’t have much in common with the law school debating society, and it certainly doesn’t operate like your run-of-the-mill Washington think tank. This Federalist Society is the nerve center for a complicated apparatus that does not care much about conservative principles like judicial restraint, or originalism, or textualism. This Federalist Society is the vehicle for powerful interests, which seek not to simply “reorder” the judiciary, but to acquire control of the judiciary to benefit their interests. This third Federalist Society understands the fundamental power of the federal judiciary to rig the system in favor of its donor interests?—?and as the Kavanaugh confirmation so clearly illustrated, it is willing to go to drastic lengths to secure that power.
And this leads me back to my point: The time and effort devoted to explaining why Justice Thomas must resign or all that is unprecedented about Ginni Thomas’ activism is wasted effort. It would be better spent explaining these two points:
- Justice Thomas is accountable to no one. The GOP will not vote to remove him from office. Justice Thomas will not resign, he doesn’t have to and no one can make him.
- The Federalist to lifetime appointment pipeline exists to short circuit the will of the voters and is in operation now.
Those well written op-eds about how someone must do something are for a time when normal politics prevails. That is not the situation we are in now.