The Left’s attack on judicial independence and on Judge Alito

The Left’s attack on our traditional forms of constitutional democracy has been very successful in abolishing cherished institutions such as the secret ballot and same-day voting. Emboldened by these successes, the Left has set its sights on eliminating judicial independence. Hateful ethical attacks have been made against Justices Thomas and Alito. The Left is so angry about the repeal of Roe v. Wade410 US 113 (1973), the abortion rights case, they are now trying to force the two most principled and brilliant members of the Supreme Court to resign or decline to participate in important cases related to the 2020 and 2024 elections in which they are constitutionally mandated to have a say.

I wrote on this blog last winter that Justice Thomas’ opinions demonstrate an unwavering devotion to the rule of law and are simply excellent on the merits. Not only does Justice Thomas not take bribes, he is actually the best justice to ever serve on the Supreme Court in 234 years of American history. No one could read Justice Thomas’ opinions and not be impressed by them. It is obvious that Justice Thomas would never change a word he writes because of a gift from a friend.

The Left’s attack on Justice Alito is based on an objection to the judge wife to fly the US flag upside down – a distress signal that some but not from Judge Alito’s wife– following the events of 6 January 2021. In response to an argument with a contentious neighbor, Justice Alito’s wife raised the American flag. A CNN poll on July 25, 2023, found that nearly 70% of all Republicans believe the 2020 presidential election was essentially stolen.

Under these circumstances, Justice Alito’s wife has the right to fly the U.S. flag in an emergency or to fly a Christian flag to express her dismay and distress over everything. I still remember the parade of left-wing law professors who applauded the U.S. Supreme Court decision in 2000. Texas v. Johnson491 US 397 (1989) that the Americans a constitutional right to burn the flag to express their opposition to something the US government was doing at the time. The opinion in Texas v. Johnson was written by liberal giant William J. Brennan and sponsored by Justices Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony M. Kennedy. It has been widely praised by law professors on the left and right for 35 years as part of the gold standard for protecting free speech. If you have the First Amendment right to burn the flag to express your opinion, then of course you have the First Amendment right to fly it in an emergency or to fly the Appeal to Heaven flag to express your opinion.

Justices Thomas and Alito have appropriately stayed out of politics themselves, but demanding that the left keep its wives out of politics as well is unreasonable. In this case, Justice Alito’s wife did not even attempt to express a political idea. The Left’s recent practice of exposing the conduct of justices’ wives is unprecedented, tyrannical, and unconstitutional because it interferes with the exercise of justices’ wives’ First Amendment rights. The Left is demanding that Justices Thomas and Alito recuse themselves from Trump-related election cases because of their wives’ conduct. This outrageous demand only shows once again that the Left is furious that its 85-year stranglehold on the Supreme Court majority has been broken. Justices Thomas and Alito should do their duty under the Constitution they are sworn to uphold, and they should hear any 2020 or 2024 election-related cases that come before the Supreme Court.

The left should be ashamed of itself for trying to politicize our independent, tenured judiciary. Left to its own devices, the left would destroy all of our constitutional rights and freedoms. Thank God we have men and women on the Supreme Court who are willing to stand up for the Constitution, regardless of the hell the left has made of their lives. Republican judges must walk around in public in a cocoon of U.S. Marshalls who are overprotective of their safety. Judges cannot enter a store or restaurant without being harassed. This is how constitutional democracies die, my friends. We should strongly denounce those who threaten the independence of our tenured judiciary.