President Trump just nominated a textualist, Judge Neil Gorsuch, to the Supreme Court.
It is likely that many Democrats will cry foul and attempt to block the nomination. Nancy Pelosi has already said in an interview that Trump's pick is not "mainstream". Why? Because progressives and the liberal justices they appoint believe in the "living constitution", the notion that the constitution should be re-interpreted according to their modern political predilections, rather than according to the actual meaning of the text. Such a theory of jurisprudence is, in fact, anti-law: a law whose meaning can be freely altered by re-interpretation, because it no longer means anything particular, is no longer a law. It has become a weapon of political power.
Democrats hate textualists like the late Scalia, because more often than not, the constitution and the laws, if interpreted correctly, do not favor their progressive program. If the Democrats continue to insist that a textualist is unacceptable as a Supreme Court Justice, or that a textualist majority on the court is unacceptable, then they demonstrate two things:
- Their progressive program is unconstitutional and illegal.
- They know it.
They are happy to vacuously repeat phrases like "rule of law" and to swear their love of the constitution. But such are mere pretensions, sheepswool. We can only hope that their fight over Trump's pick will expose their deceptions and reveal them to be the dis-civilizational wolves they are.