Democrat still clinging to the Rule of Law: “Are you against the Affordable Care Act? Do you realize destroying it would put the health of millions of Americans at risk and that we are in the middle of a pandemic?”

AB: “I don’t comment on things in the abstract so I can’t say.”

Democrat believing in the Rule of Law: “But you did write opinions that it should be trashed.” 

AB: “Oh, that!. Oh, sure. But I was just writing as an academic. Just expressing my opinion as an academic. It has nothing whatever necessarily to do with what I would do in a specific case. I’d have to read the law, listen to the arguments, pray for guidance, confer with my colleagues, understand the facts of the case and then rule however the President told me to.” 

Democrat: “And you do realize that the President read your opinion…well, no, didn’t read it I’m sure, but he was no doubt assured by the Federalist society that you could be counted on to do whatever he says. Right?” 

AB: “Oh, I’d be so flattered if he read it, but I didn’t know that. I’m sure it’s just my sheer brilliance that made him pick me.”

Democrat: “You realize that he has said publicly that he would pick a judge who would tear down the Affordable Care Act, right? So, he at least thinks he knows how you would vote. Correct?” 

AB: “Oh, my. I have no idea what such a stable genius as the President might think. Who knows? But I can assure you and everyone listening that I would look to the law and the facts and make a fair and informed decision. You know, justices have to swear to be impartial.” 

Democrat: “Yes, I’m familiar with the concept of ‘Oath of Office.’ After all, Trump swore an ‘Oath of Office’ to defend our country. But what he’s actually done is sell it out to Putin and the Russian oligarchs to whom he owes half a billion dollars. And, the GOP Senators swore a solemn oath to run a fair trial after Trump’s impeachment. And, all the while Mitch McConman laughed, smiled, and said he could guarantee that Trump would walk free and that he would “coordinate” the trial with Trump’s legal team. And, the GOP Senators refused to call witnesses or subpoena documents, so, again, I’m pretty clear how much an oath is worth when it’s made by the Gang Of Putin. But let’s examine another issue. Trump has also said he wants to be lifetime dictator. If he claims he wants to be dictator and the case comes to the Supreme Court and you are confirmed, can you assure the American people that you will not take his side? Is it ever okay for the President to become a dictator?” 

AB: “Well, as I have said so many times in the last few days, I’m a strict constitutionalist. I don’t believe it’s up to us to re-interpret the Constitution but to hang instead on its every word. That said, I can’t comment on hypotheticals. So, who knows? But I can assure you that I would read the applicable law and the facts of the case and make a decision based on the constitution.”

Dem: “So you cannot — right here — today, assure the American people that you will not approve Trump’s bid to become dictator?” 

AB: “It would depend on the specifics. I can tell you this though. The word ‘dictator’ does not appear in the Constitution. So, apparently, the Founding Fathers must have thought it would be just fine. Otherwise they would have put a clause in specifically forbidding it. And they didn’t. So…but I am in no way promising that I would approve his dictatorship. It would depend on the arguments and so on and so forth ad nauseam.” 

Dem: “Putin’s Puppet seems to think that it is vital to get you on the court right now so that you can rule on his bogus claims of voter fraud. He has publicly said that’s why he needs you on the court.” 

AB: “I’m flattered, of course, that he needs me. I had no idea he said that. How sweet. But I would have to look at the arguments on both sides, and the applicable law, and the facts of the case. Then, I would make a determination.” 

Dem: “You realize that study after study has found that voter fraud is a nearly non-existent problem?” 

AB: “Since the President has already said he’s going to put this case before the Supreme Court, I can’t really comment on a case which I may have to rule on.”

Dem: “Since the President has said that he is putting you on the court now because he will need you to make sure he wins regardless of the vote totals, don’t you feel you should recuse yourself from such a case if it does come to the Court? Otherwise, even if you were trying to be fair, don’t you think a reasonable person would infer that there is a conflict of interest?” 

AB: “Well, my mentor Judge Scalia did not recuse himself from a case where Dick Cheney and he had an extended hunting trip together right before the case. Cheney had a material interest and I want to be more right wing than Attila the Hun. But I can’t actually say. You know? I’d have to see exactly what the case was and then decide not to recuse myself. I mean, why would I? I’m always fair in my own mind, so why recuse?” 

Dem: “Do you think black people should be allowed to vote in this country? Are you aware that we are in the middle of an election right now and that the Republicans are suppressing the vote in a whole host of ways? In rich white neighborhoods, people might wait five minutes, but in many areas where there are a preponderance of people of color, there are lines that are up to eleven hours long. Is this equal protection under the law?”

AB: “Well, you know, I don’t want to give opinions on things unless I actually know the facts of the case. You say there are long lines and that the black vote is being suppressed but who knows? What does reporting prove? What does eyewitness prove? Unless it is brought to court and we have a chance to review the law, check with the President and see what he wants to do, who knows?” 

Dem: “Did you say you would have to check with the President?” 

AB: “Absolutely. Oh, wait. Did you think I said President? I said precedent. Maybe if you’d take the damned mask off, I could understand you better. The pandemic’s over anyway. Our fearless leader already said that. But whatever. I don’t see what my religion has to do with it.” 

Trumputinist Senator: “Exactly. The Constitution guarantees religious freedom and yet the Democrats here today have repeatedly said you shouldn’t serve because of your religion! It’s preposterous!” 

AB: “I know! I have a right to believe the earth is the center of the universe and that it’s 6000 years old and that women should be utter slaves to their husbands and that birth control, abortion, and in vitro fertilization are all tools of the devil if I want! And, yet the Dems keep saying I can’t serve because of my religion! I don’t see why a Catholic can’t be on the Supreme Court. It’s not like I’m Muslim or something weird like that.” 

Dem: “What Senator has said that you could not serve because of your religion?” 

AB: “I forget. Lots of them. All of them. None of them. But they intimated it.” 

Dem: “Which Senator intimated that you are unworthy to serve because of your religious beliefs?” 

AB: “Somebody. I don’t know. Maybe they were wearing a mask. Which is silly. Because the pandemic’s over. It’s over. Our Fearless Leader said so! You were asking me about voting rights. That’s one example. The Bible says only white people should vote — people like Jesus.” 

Dem: “You think Jesus was white?”

AB: “Well, sure. That’s what the picture looks like in my church. Blond hair like me and blue eyes like me. See, there you are again, questioning my religion.” 

Dem: “No, I’m not. I’m questioning your history. Jesus was almost certainly dark-skinned and dark haired and brown eyed.”

AB: “Where does it say that in the Constitution?” 

Dem: “Constitution? What are you talking about?” 

AB: “You know, the law of the land, the … oh, I mean … I mean, the Bible. Where does it say in the Bible that Jesus wasn’t Aryan? And, anyway, did you know I adopted colored children?” 

Dem: “That’s very nice. I firmly believe that you, like other Americans, can believe as you wish. But it concerns me that you may sometimes confuse what the Constitution says with what the Bible says. Does that ever happen?” 

AB: “Absolutely not! But if it did, let’s not forget that the country was founded by Evangelical Christians!” 

Dem: “Partly, perhaps. Thomas Pain was an atheist. Thomas Jefferson was a deist. As was Benjamin Franklin. As was Alexander Hamilton in his later years. Anyway, would you support the idea that America should be a religious theocracy?” 

AB: “I wouldn’t care to speculate about hypocrites or hypocrisy. They have a long and stories history in American politics. It would depend on the specifics of the case.”

Dem: “Hypocrisy? Do you mean hypotheticals?” 

AB: “Yes, that’s what I said — hypotheticals. I don’t do hypotheticals.”

Dem: “So, if the President intentionally killed a quarter million Americans, and a class action lawsuit were brought by the families of those intentionally killed, you could not say whether that was okay or not?”

AB: “Of course not. That’s a perfect example. The President is so gentle, I’m sure he wouldn’t hurt a fly intentionally. Well, not unless it were stealing the show from Pence. But you know. I would need to know specifically which quarter million Americans were killed and many of them were probably nobodies or old, sick people anyway. And many of them just didn’t take care of themselves. Heart disease, cancer, diabetes…aren’t these really just the products of bad decisions?”

Dem: “Sometimes. Often people are born with pre-existing conditions. And sometimes, people get those diseases from bad luck although certainly lack of financial resources can play a part as well.” 

AB: “Well there you go! If you’re not born rich, whose fault is that? But as I say, it would depend. I can’t say anything. I was told not to say anything and I’m pretty sure I succeeded.” 

Dem: “So, just to recap, if the President breaks the law and then argues that he should have absolute power and be able to break any law he wants, you would say — what?”

AB: “I can’t say. I really can’t say. I’m under orders not to say anything about anything. And — we’re done! We’re done! I’m in! I’m in! No-one has a conscience and no-one will vote against me! I avoided saying all those bad things you were trying to get me to say and I win! I win!”

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https://www.cnn.com/2004/LAW/03/18/scalia.recusal/

https://petersironwood.com/2020/10/13/con-formation-confirmation/

https://petersironwood.com/2020/05/11/absolute-is-not-just-a-vodka/

https://petersironwood.com/2020/05/28/where-does-your-loyalty-lie/

https://petersironwood.com/2017/01/09/trumpism-is-a-new-religion/