Victory Without Vigilance: Croaky on GOP’s Abdication of Duty

Skip to comments.

Posted on 11/19/2024 8:18:10 AM PST by TBP

This morning, I woke up, for the first time in days not stuffed up or coughing, only to view as my first sight with clarity the pale light of Trump's victory's and it's hollow aftermath. The Republican Party which is now poised to assume control of key branches of government after the election has once again demonstrated a distressing proclivity for squandering authority even before the new government arrives. This time, not in the name of Trumpian populism, but in deference to indifference itself. What should have been a decisive rebuke of a judicial nominee, ensuring the opportunity for conservatives to shape the judiciary in the new Congress, became yet another abdication of responsibility. Five Republican dwarves—we'll call them Absent, Aloof, Apathetic, Aimless, and Abandon—handed the Eleventh Circuit Court of Appeals to a judge whose principles clash with the very foundation of conservatism.

The Confirmation of Embry J. Kidd: A Conservative Loss

The confirmation of Embry J. Kidd isn't merely a setback for judicial philosophy but a glaring indictment of Republican fecklessness. By a narrow vote of 49-45, the Senate confirmed Kidd to a lifetime appointment on one of the nation’s most influential appellate courts. Outgoing conservative Democrat Joe Manchin made a point to vote against him and yet five Republican senators—Braun, Daines, Hagerty, Rubio (nominee for Secretary of State), and Vance (VP-elect) the MAGA of MAGAs—chose the path of least resistance: absence. Their dereliction of duty effectively ensured Kidd's ascension, leaving conservatives to grapple with the consequences of this betrayal.

Kidd’s record was fraught with questionable judgment and should have disqualified him outright for a position on the Eleventh Circuit. During Senate hearings, it emerged that Kidd had demonstrated undue leniency in cases involving child sex offenses. In one instance, he ordered the release of a defendant charged with possessing child pornography, citing "high character" and "community ties." This decision, reversed by a district judge, reflects not only poor judgment but an unsettling disregard for the gravity of such crimes. That Kidd failed to disclose this and another similar case during his confirmation process compounds the concern. During the Senate Judiciary Committee hearing Embry J. Kidd faced further scrutiny not only for his judicial record but also for his connection to a 2007 law review article titled "Child Rape, Moral Outrage, and the Death Penalty," authored by Monica Bell and published in the Northwestern University Law Review. This article examined how societal movements and legal frameworks shape public and political responses to crimes involving sexual violence against children, including the imposition of "severe" punishments like the death penalty. The article bemoans a "popular movement to shame, fear, and isolate sex offenders". It even blames the feminist movement for advocating for harsher punishment of sexual and intrafamilial violence. Embry J. Kidd did not write the contentious article; rather, he was acknowledged in a footnote by the author for providing conversations deemed "important" to its development. When questioned, Kidd professed a convenient inability to recall these discussions, much as he appeared indifferent to the relevance of his past judicial decisions involving child sex abusers as part of his nomination process for his elevation to a circuit court overseeing states like Florida—a state renowned for its unflinching commitment to punishing child sex trafficking with the full weight of justice. This curious lapse of memory and judgment invites deeper scrutiny, particularly given the gravity of the role he now, thanks to the 5 dwarves, will assume. This was not a necessary loss, it was one Republicans were capable of fighting.

The confirmation of Embry J. Kidd to the Eleventh Circuit Court of Appeals is not just a loss for conservatives but an indictment of a Republican Party that failed to rise to the occasion. By a narrow margin of 49-45, the Senate confirmed Kidd’s lifetime appointment to one of the most pivotal courts in the nation. Yet, five Republican senators—Braun, Daines, Hagerty, Rubio, and Vance—chose absence over action, effectively delivering victory to the left. An unnecessary one at that given how close we are to Republican majorities, at least in theory, placing conservative judges on that bench and others. Such dereliction of duty betrays not only the principles of conservatism but the state legislatures they are meant to represent and the voters who entrusted these senators with the sacred task of safeguarding their values.

The Stakes for the Eleventh Circuit

Why is this so important? Well the Eleventh Circuit Court is no ordinary judicial body. As I mentioned its jurisdiction includes Florida, Alabama, and Georgia—states whose legal frameworks profoundly impact the nation and do so from the conservative perspective. Florida—a bastion of conservative governance under Governor Ron DeSantis— has made efforts to combat sex trafficking and child exploitation have been aggressive and effective. Sweeping legislative reforms have fortified protections for the vulnerable, making Florida a national standard on get tough policies on sex-trafficking.

Contrast this with the elevation of Kidd. His leniency on child sex offenses represents an affront to the ethos of accountability and moral clarity that leaders like DeSantis have championed. Florida's size and influence in the region makes it the setting place for many legal, ideological and political battles that have been and will be fought in the future. The Eleventh Circuit Court acts as a counterbalance to many of the battles conservatives have had to fight. One example is the recent Eknes-Tucker case in Alabama. In this case, the Eleventh Circuit upheld Alabama's law banning puberty blockers and hormones for minors who believe they are transgender. The court's decision allowed enforcement of the ban, reflecting the judiciary's role in contentious debates over gender-affirming care for minors. This applies to states like Marco Rubio's own state of Florida that have also passed laws that prevent minors from receiving hormone therapy and puberty blockers to treat "gender dysphoria". For all of those who say the importance of a Trump win was for stopping the "Transing of kids" with a lifetime appointment, Kidd now wields the power to shape the legal landscape in a manner that undermines years of conservative progress.

The Republican Abdication

I don't want to mince words so I'll state it clearly: the absence of five Republican senators is inexcusable. The tired defenses of “personal commitments” or “strategic calculations” ring hollow even for those awaiting appointment to the Vice Presidency, the State department or Governorships. This was not a procedural footnote; it was a moment to stand firm against a judicial nominee whose record demanded scrutiny and rejection and when facing the opportunity to have a conservative alternative. By their absence, these senators handed the far left a victory they neither earned nor deserved.

For a conservative the judiciary is not a peripheral concern, its the bedrock of any constitutional order. The court safeguards liberty, upholds the rule of law, and provides justice to the vulnerable and so to treat it as a political afterthought is to abandon the principles that underpin conservatism and a Republican form of Government.

Florida’s Model: A Path Forward

Governor DeSantis’ responded this morning to highlight what this appointment actually means. DeSantis' approach to governance offers a stark contrast to this Republican malaise. Under his leadership Florida has shown that with resolve and moral clarity, conservatives can enact policies that protect the vulnerable and uphold justice. This requires more than symbolic gestures; it demands an unrelenting commitment to principle and actually showing up.

Republicans must emulate this model if we're to succeed as a majority. To merely occupy seats of power and not wield that power with purpose is the same as allowing the radicals to govern themselves. The judiciary cannot be left to the whims of absenteeism and apathy. Every vote matters, and every absence undermines the trust of the electorate.

Recommitment

The victories secured on Election Day seem to have lulled the Republican Party into an unwarranted sense of calm, as if crossing the electoral finish line were an achievement sufficient in itself. In truth, their complacency mirrors that of a runner who, having endured the final grueling mile of a race, stops to celebrate. only to be overtaken by a more determined competitor. This kind of shortsightedness risks squandering the very momentum that should propel them forward.

The confirmation of Embry J. Kidd is a reminder of what happens when conservatism cedes ground—not to the left, but to inertia. It is a call to arms for those who understand that the preservation of our republic depends on the vigilance of its defenders.

I was not supportive of a Trump win because I saw the indifference that would come of it and in this case, as far as I know, Trump didn't have a fingerprint on this (or did he?). For conservatives especially a win in November does not mean the end of the fight and it certainly doesn't mean abdicating authority as you wait for better things to come. Conservatives must learn from this failure and resolve never to repeat it. They must demand accountability from their leaders and, where necessary, replace those who lack the fortitude to defend conservative principles.

History will judge this moment not by the failure itself but by how conservatives respond. So lets rise to the occasion, reaffirming our commitment to the principles that define us and make it known that this can't happen again. For the judiciary, for our children, and for the nation’s future, we cannot afford to fail again.

Governor Ron DeSantis now faces the solemn responsibility of selecting a nominee to fill the Senate seat vacated by Marco Rubio who has been chosen by Trump as Secretary of State nominee. JD Vance as well will be elevated to the position of Vice President and have a vacancy in Ohio. For this vote it's as if both seats are already vacant. In a political era where absence and indifference have too often been the silent architects of our most consequential failures, I hope that DeSantis and DeWine will rise to the occasion with diligence. Their choices must be more than placeholders; they must reflect the work ethic, intellectual rigor, and sense of duty befitting a Senator charged with important votes like this. The nation needs senators who understand that their role demands more than sound bites and photo ops—it demands showing up, casting votes, and standing firm when the stakes are highest. One hopes, with a certain optimism, that these appointee will embody these virtues, ensuring that the embarrassing derelictions like this one are not soon repeated.

Click here: to donate by Credit Card

Or here: to donate by PayPal

Or by mail to: Free Republic, LLC - PO Box 9771 - Fresno, CA 93794

Thank you very much and God bless you.

1 posted on 11/19/2024 8:18:10 AM PST by TBP

To: TBP

2 posted on 11/19/2024 8:24:58 AM PST by MMusson ( )

To: TBP

3 posted on 11/19/2024 8:25:47 AM PST by sjmjax

To: MMusson

4 posted on 11/19/2024 8:30:45 AM PST by TBP (Decent people cannot fathom the amoral creulty of the Biden-Harris regime.)

To: CFW; blueplum

5 posted on 11/19/2024 8:32:59 AM PST by kiryandil (No one in AZ that voted for Trump voted for Gallego )

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

FreeRepublic.com is powered by software copyright 2000-2008 John Robinson