Where We Are Now: Addenda

The biggest oversight in my recent post is its failure to consider any potential role the Supreme Court might play.

The Court may well play a pivotal role, much like it did in 2000 with Bush vs. Gore. As I wrote several years ago:

Nobody much likes to admit it, but the show that Supreme Court justices put on about adhering to higher principles rather than just going for what their gut wants is quite often just a show. Witness how often conservative justices forget about states’ rights the minute they are asked to rule against a state doing something they consider unacceptably too far to the left.

This principle is likely to play to the Democrats’ advantage this time, despite how the Court tilts to the right. The Supreme Court’s conservatism tends to differ from the present-day “conservatism,” which is basically just warmed-over fascism centered around a latter-day Duce. This can be seen by how conservative justices have screwed Trump over in a number of their recent rulings, by siding with the liberal minority.

Fascism really isn’t very conservative in the traditional sense of the word. In fact, fascism holds contempt for very the status quo that conservatism is based around the reverence of. Conservative justices are heavily biased towards the doctrine of stare decisis, even when this hurts Trump and the GOP.

Plus we have the institutional bias of every justice on the Court to consider: they all, with the possible exception of Justice Kavanaugh, consider the courts to be an important institution, whose co-equal status amongst the three branches is to be jealously guarded and preserved. They know that if Trump is allowed to serve a second term, he will probably run roughshod over the Judicial Branch’s independence, much as he has already done over the Legislative Branch’s.

So the incentive is strong for a majority to rule against Trump in any big dispute that comes up. Higher principles will of course be cited, but the ruling will be what it is.

At that point, the military comes into the picture. Many of the generals don’t much like Trump, either, because so much of what he is flies in the face of military culture since Truman desegregated it. At the same time, that military culture considers intervening in politics anathema. A Supreme Court ruling favorable to the Democrats neatly solves the dilemma: the generals can merely state that Joseph R. Biden is the lawful president and commander in chief, and that they are merely executing his lawful orders.

This, in turn, neatly solves the frightening dilemma faced by the anti-Trump side: that we are, by and large, disarmed and helpless, while Trumpers are armed and willing to use force. If it comes down to an armed contest between the might of the US military and random ragtag weekend militias and rogue police unions, the US military wins, handily.

This fact is obvious enough to probably take much of the fight out of the pro-Trump side. Oh, there will still be fight in them, mark my words: we will be in for a period of domestic terrorism the likes of which this country has never seen, and this in and of itself presents risks, but the immediate conflict would highly favor the anti-Trump side prevailing.

It is important to note that action in the streets will play a role here. The unrest will prompt orders from Trump that the generals are queasy about following. It will further prompt conservatives on the Court to issue a ruling against Trump, as a means of quelling the unrest. Any favorable Court ruling will, in effect, constitute the system using its means to concede the demands of a popular rebellion.

Finally, note that none of this is certain. The Republic is already far closer to death than most are willing to acknowledge, and the illness may well prove terminal. While it is possible (and likely even probable) that the Supreme Court and/or the military may save the day, it is far from certain, and in that case the American left’s pathological obsession with pacifism, and its general aversion to arming itself, will prove to have been one of history’s greatest and most tragic follies.

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