We predicted that Justice Ginsburg would be retiring by the end of January. It may be necessary to reimagine what the word retirement means. She has not officially declared herself no longer a working justice. But she has not appeared for work. And the media are ignoring that almost entirely. We could call these things clues.
There are some “theories” that I will share but cannot advocate because the only evidence we have to support them is the absence of evidence to the contrary.
I’ll synopsize it here. Wade through it on your own if it suits you.
Justice Ginsburg is very ill and in a medically induced coma. She is not coming back. But the forces at work can’t allow that to move events forward. The ideal circumstance for them is to glorify her memory without discussing her current state. Hope that people do not ask too many questions.
Can We Find Proof to the Contrary?
If you google her you get news about her biopic. How she became a Justice. The story only her family knows. You get news of her surgery in December and that she was released from the hospital. That she missed arguments on Jan 7th. And don’t forget her incredible ability to bounce back.
You get four or five pages into the search results and still nothing about pneumonia.
There are some hits at the top of page one about the “conspiracy theory that appear eager to debunk it. They pretend to but they don’t. At no point does the Daily Beast reach out to find the truth. All the evidence they provide on both sides is here-say. Justice Ginsburg herself (said to be writing opinions and in good spirits) has not made an effort to clear up the mystery nor has anyone else.
Reports in mid-January said she’d be back on the bench by the 14th. THat did not happen.
It’s Feb 1st and she has not shown up for work. If she had I think we can trust that the media would let us know that.
She has canceled a recent public appearance. Or someone canceled it for her. The media spent little if any time on this. Call it conspicuously under-reported.
Question: what process is served by not demonstrating her improving health and ongoing work? I don’t see one. But we might feel relief in knowing she is well. Maybe we don’t deserve that?
The next question is, will she appear on Feb. 5th for her annual State of the Union nap? Her absence will only elevate the theory that she is incapacitated. Who does that serve?
I still can’t think of a good answer.
Given the technology of the day and the connectedness of the culture, her conspicuous absence and silence only feed the conspiracy theory. Who benefits from that?
The matter of wild ideas not so wild.
Some of this seems ridiculous but then not so much.
The Left has relied so heavily on judicial activism to get their priorities advanced or validated. If the highest court is no longer capable of ignoring the Constitution (or reimagining it), nothing the Democrats do will survive scrutiny any longer than it takes to get the case to the Supreme Court.
And at the Rate Trump is going, any Circuit Court.
That’s pretty sad, in and of itself. But for a party whose base runs entirely on emotion that loss at the top is more than most of them can handle. If Trump gets another nominee, they will be appointed. Picture the Kavanaugh circus on steroids with fire and weapons.
Beating Donald Trump in two years is their only hope.
If Justice Ginsburg is that ill or incapacitated (but they can sell her ongoing recovery and hope for her return), there is a reason to believe that someone on the left would want to hide any other “truth” as long as possible. I can’t picture how they do that for 18 months. And to be honest, it makes no sense.
Short one Ginsburg the Left loses most, if not every case before the court. Is it worth that price in exchange for the improbable? Democrats avoid a new confirmation. Democrats win the White House in 2020. Democrats find a younger Ginsburg 2.0.
I hope Justice Ginsburg is well. I pray that she is. But until we see and hear from her, the media silence tells me she is not well. Nor are the Democrat Parties hopes for her successor.