Friday, June 29, 2018

The Second Trump High Court Appointee

Writing for Bloomberg, Cass R. Sunstein takes a sober look at the likely impact of a second Trump Supreme Court appointment. The results won’t be apocalyptic; echoing back to Sen. Ted Kennedy’s jeremiad against Robert Bork, Sunstein writes:
It’s important to maintain a sense of perspective. No imaginable change in the composition of the Supreme Court would mean that “blacks would sit at segregated lunch counters” or that “schoolchildren could not be taught about evolution.”

But a great deal turns on Trump’s choice — and on how the Senate reacts to it. More than at any time in decades, it looks as if fundamental principles of constitutional law are in for a serious overhaul.
What Sunstein concludes is that many of the ‘progressive’ societal changes that have rubbed conservatives the wrong way could be reined in, circumscribed. ‘Progress’ toward strangeness like normalizing pedophilia and sharia law will likely slow or cease.

Some social ‘experiments’ may be rolled back. We might even conclude that affirmative action was unhelpful to its intended beneficiaries ... shock, shock.

As we wrote shortly after the 2016 election, even if all Trump accomplishes is appoint conservative judges, we will judge his presidency a success. And it turns out he’s done rather more than that.