I can’t quite figure out what Rush Limbaugh is up to regarding the recent Supreme Court ruling by Justice Brett Kavanaugh. I can’t figure out whether Rush is being critical of Kavanaugh, or instead trying to give a veiled excuse for his recent siding with the anti-constitutionalists on the court.
Normally, it’s easy to know exactly where Rush stands on any topic or event. It’s easy because he’s so predictably conservative and constitutional.
But Limbaugh has been noticeably different since Trump was elected. Although there is no doubt of Trump’s love of country and his desire to put America first, it’s also common knowledge that he is not an ideological conservative or advocate for small, limited and less expensive government. He just wants the U.S. citizen to get their money’s worth. This is and will continue to be a bone of contention for us constitutionalists.
I love most of what the president has done, both domestically and overseas. But I cringe when I see something like the fact he wants to spend $2 trillion on “infrastructure,” a term that has become a euphemism for boondoggle. Granted, it’s $2 trillion over 10 years, which is $200 billion per year, but still, any way you slice it, this is demonstrably anti-constitutional – yet it doesn’t matter to the president.
Now one of Trump’s picks on the Supreme Court has made yet another decision to side with the four leftist members – this time regarding the case of Apple’s possible antitrust violation.
My beef can’t be with Kavanaugh. I knew who he was going in. I knew, by virtue of just one ruling when he was on the lower court regarding Obamacare, that he was no constitutionalist.
Some would say it’s unfair to judge Kavanaugh, or anyone, on merely one ruling. But this was so important, and Kavanaugh so obviously twisted himself like a pretzel in order to reclassify the Obamacare penalty as a tax that he forfeited all constitutional fealty on that one ruling. We saw that that is what Kavanaugh, like John Roberts, is capable of. And that was the ruling, by Kavanaugh, that enabled Roberts to make the same determination at the high court, thus allowing Obamacare to be saved and become law.
Siding with the anti-constitutionalists on the high court once or maybe even twice in a lifetime does not a habitual problem make – but Kavanaugh has been seated for only seven months and, including this ruling, has already sided with the leftist radicals at least three or four times. This is a pattern, and a rather disturbing one at that.
“I think it’s classic,” Rush said. “I’m wild-guessing. I don’t know. I’ve never met Kavanaugh. I’ve not really talked to anybody about this. I’m wild-guessing. This just strikes me as so typical – ‘I’m going to show them they were wrong. I’m going to show them they were wrong. I’m going to show them I can be fair.’ And the way you show a liberal you can be fair is agree with them.”
To me, this looks like Rush is making an excuse for Kavanaugh’s ruling, at least in a roundabout way – as if he doesn’t want to admit that a Trump appointee would ever actually make this kind of wrongheaded a ruling. So it must be that Kavanaugh is just doing it “to show he’s fair.”
It appears to me that Rush is trying to explain away Kavanaugh’s siding with leftists, not just this once, but as he explains: “If you go back to the Federalist Society, Kavanaugh was cited as the best – better than [Neil] Gorsuch, more conservative, more pure, this, that and the other thing. And this is the second or third time that he has aligned with the leftists. I’ll tell you what I think: I think all that [Blasey] Ford stuff worked.”
Rush may be right about Kavanaugh wanting to appear less hard line, and if he is, either way, Kavanaugh was the wrong choice for the Supreme Court.
Obviously, it’s early on in Kavanaugh’s SCOTUS career, so he may very well become an originalist constitutionalist, but the odds are against it.
Most on the court develop a more liberalized stance over time. Like politicians, they never become more constitutional – always less. So the odds are that Kavanaugh will be unreliable, at the very least.