Robert Bork

While the matter is fresh, It is worth noting that yesterday’s oral arguments before the Supreme Court would never have occurred had John McCain prevailed in 2008. No Obama — no Kagan — no Sotomayor. Perhaps Robert Bork could have been a McCain appointee (Bork died in 2012). How about Paul Clement? Priscilla Owen frequently comes up in conversation. Does Miguel Estrada ring a bell? How about Ken Starr?

Indeed I would argue that United States v. Windsor would never have happened had John McCain won in 2008. Attorneys would never have pressed the case. I suspect that Hollingsworth would have made its way to the Court with the same outcome, invalidating Proposition 8. However, look at a map. Where would we be?

I have listened to both parts of yesterday’s oral arguments — twice. I think that we carried the day. I am cautiously optimistic but always ready for the “fuck-you-faggot” gut punch.

The next issue.

Thus far the Court has entertained only one “religious liberty™” case that I am aware of; Elane Photography, LLC v. Willock. The Court declined to hear the case in April, 2014. That was probably the best case that ADF had, or may ever have, in the contest between freedom of religion and state anti-discrimination laws. It was the closest to actual artistry and the photographer was required to attend, in this case, a commitment ceremony. Nevertheless, there will be more. ADF is certainly moving in that direction with Barronnelle Stutzman. In fact, with the right composition of the Court, we might want to challenge some of these state RFRAs. Once they started removing “substantial burden” from the criteria1 they might be unconstitutional. I am sure one of our very gifted lawyers could make the right argument.

The liberal lion.

The “liberal lion” of the Supreme Court is Ruth Bader Ginsburg. When the next President of the United States is sworn in she will be 84 and she has cancer. Justices Scalia and Kennedy are 78; Stephens is 76.

The next president.

It is imperative that the next President of the United States is a Democrat. No GOPer is going to replace RBG with a comparable liberal. What? You think that Bush is a moderate? One of Jeb Bush’s key advisers is now Jordan Sekulow, an attorney and executive director of the American Center for Law and Justice. ACLJ has offices in Africa where they lobby local officials to outlaw homosexuality. Zimbabwe complied in 2006. They were part of the successful effort in Russia as well.

In order to ensure that the next president is a Democrat we need to nominate the most electable Democrat. Right now that is probably Hillary Clinton. I think Bernie Sanders is terrific but lets face it. A Jewish socialist has diminished chances of success.

We have the votes but might lack the voters.

You better believe that Christian conservatives are going to vote and they are going to take others with them. We need to get every LBGT citizen and family member to the polls. The stakes are too high not to. Your disappointed that it’s not Elizabeth Warren? Too bad. We cannot allow the next president to make the Supreme Court any more conservative than it currently is.

Just some thoughts while the matter is fresh. And it is never too early!

By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.