As signs point to an easy confirmation for President Trump’s latest Supreme Court nominee, Judge Brett Kavanaugh, #TheResistance has entered full “chicken with its head cut off” mode. For evidence of this, look no further than Judge Kavanaugh’s alma mater, Yale Law School, where a series of alumni, teachers, and various other sour grapes enthusiasts have penned an hysterical letter denouncing Kavanaugh as a “threat to the most vulnerable,” and a man whose legal theories are a “direct threat to our democracy.”
The letter is inspired, they say, by Kavanaugh’s deferential attitude toward executive power: deference which the letter claims is motivated by pure partisanship, given Kavanaugh’s previous record working with Clinton-era independent counsel Kenneth Starr. That the letter itself seems to be motivated by the same “naked partisanship” naturally elides the authors.
Indeed, that sort of blithe lack of self-awareness is characteristic of the letter, and by extension, of the Left’s critique of Kavanaugh. In particular, the accusation that Kavanaugh is a threat “to the most vulnerable” is laughable when you consider the increasingly alarming takeover of the corporate world by Leftist ideology. In particular, the open and shameless progressivism of massive tech companies makes the proposition that Kavanaugh is a threat to the “vulnerable” a bad joke. Is Google’s HR Department “vulnerable” now?
Well, as it happens, yes, they are, but not in the way Leftists use the word. That is, they are not vulnerable to institutionalized racism, or rape culture, or any of the million other far-Left bogeymen, but what they are vulnerable to is tightening labor markets and the attendant rising labor costs they bring.
In this respect, Judge Kavanaugh is a nightmare for the corporate Left, given his forceful belief—expressed in a case involving the Brazilian restaurant, El Fogo de Chao—that corporations have no right to import foreign labor, if domestic labor is available. “Mere economic expediency does not authorize an employer to displace American workers for foreign workers,” Kavanaugh wrote in that case.
And therein lies the real problem for the corporate Left. Unlike the bureaucracy of the administrative state, or members of Congress, Justices on the United States Supreme Court cannot be bought, and no amount of slick lawyering can force the Justices’ hand. We saw this revealed in great detail in the recent Supreme Court decision Trump v. Hawaii, in which Chief Justice Roberts upheld President Trump’s controversial travel ban as a legitimate exercise of executive power.
“The Proclamation is squarely within the scope of Presidential authority under the INA,” Roberts wrote. “Neither dissent even attempts any serious argument to the contrary, despite the fact that plaintiffs’ primary contention below and in their briefing before this Court was that the Proclamation violated the statute.”
Period. End of conversation.
And from whom, exactly, was the wailing and gnashing of teeth loudest? Why, the doyens of the tech industry, of course. In fact, they barely had time to catch their collective breath, seeing as tech leaders at companies like Apple, Airbnb, Facebook, and Twitter were already blue in the face from complaining about the manufactured crisis of President Trump’s border separation policies. Airbnb in particular freaked, releasing a TV spot that hysterically proclaims, “To limit travel is to turn back progress.” And if by “progress,” Airbnb means drug dealing, prostitution, and robbery, then it certainly is a pioneer when it comes to such progress.
But it’s not just Airbnb. A lot of leftist-dominated companies sunk money into trying to get President Trump’s travel ban stopped by the courts. And it fell flat, even with the comparatively libertarian Justice Kennedy as a swing vote. With an economic patriot like Kavanaugh replacing him, the tactic of trying to sue their way out from under policies that advantage Americans over imported workers will be crushed into the dust the instant any of their suits reach the Supreme Court. The Left’s strategy of importing voters to win politically, and importing cheap labor to win economically, will hit a decades-long snag.
This is why the Left fears the Kavanaugh nomination, and the takeover the Supreme Court by nominees in that mold: because, far from hurting the vulnerable, it will hold their own elites accountable in the one court that cannot be bought, cannot be overruled, and whose justice they cannot escape.
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