Conservatives need to be a lot savvier about how they vet judicial candidates.
Our justice system across all levels is now in thrall to dangerous, radical left-wing actors who feel no shame in weaponizing prosecutors, judges, and legal scholars for vengeful and ideologically charged ends. This new system of justice, which is more accurately characterized as the collapse of the rule of law and constitutional jurisprudence, increasingly resembles primitive third world legal regimes that lack the enlightened principles that ground our society in the Anglo-American tradition of the rule of law.
This sober fact is a realistic assessment of the way the American judicial branch now works. Lip service to an impartial and apolitical judiciary may still hold some currency in the legal academy, but in reality, everyday Americans recognize the judiciary as the uniquely politicized body it has become. The problematic actors, however, are not so much on the Left, who fully understand the game as a raw power play and have accordingly devised the rules and legal framework by which both sides must play. Many on the Right, however, pretend like it still is possible to have fair and equitable justice in a system that has emerged as a two-tiered, vindictive system that punishes its enemies and rewards its friends.
There are countless examples of allegedly conservative judges betraying their constituency and their ostensible principles. This may be observed in U.S. District Judge Timothy Kelly’s hostile treatment of the Proud Boys, now on trial for their actions on January 6; U.S. District Judge Carl Nichols’s finding back in late 2020 that then-President Donald Trump overstepped his executive authority in restricting the use of TikTok, a Chinese-based company, due to legitimate concerns about election interference; and the Supreme Court’s refusal to even listen to the merits of Donald Trump’s 2020 election integrity case. In each of these cases, judges who fell under the umbrella of “conservative,” “originalist,” or “textualist” failed in their duties to uphold the Constitution. These failures directly empower the Left, which reads the Right’s claims of impartiality as weakness and then runs roughshod over those weaknesses by exploiting them for flagrantly political objectives.
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