Three Massive Wins for the Right Over 18 Hours Fundamentally Changes America's Future

Trump’s debate win, along with the two Supreme Court decisions, represent the beginning phase of reinvigorating the Constitution and restoring the American Promise.

Isn’t winning great? I find it to be especially satisfying when it results in strengthening or reinvigorating our Constitution and the American Promise. From 9:00pm on Thursday night to the early afternoon on Friday, three events occurred that were massive wins for the Right and, more broadly, America. 

First, Donald Trump scored a huge victory over Joe Biden at the first presidential debate. Viewers scored Trump the winner by a 67% to 33% margin. That is an old-fashioned butt-whipping. To be clear, it wasn’t so much that Trump did so well, as much as it is that Biden did so poorly. On several occasions, Trump’s answers could have been far better than the ones he gave. Nonetheless, Trump did well in the format mandated by Biden and CNN. He also uttered a zinger that I believe will go down along side Ronald Reagan’s famous debate quip to Walter Mondale about not using Mondale’s youth and inexperience for political  advantage. Specifically, Trump responded to one of Biden’s largely incoherent answers with this retort:

"'I really don't know what he said at the end of that sentence. I don't think he knows what he said either."

I want to state something very important. I take no glee that Biden’s physical and mental condition place America at risk globally. Despots and dictators most certainly were watching the debate and they know the time to act is in the coming months before Trump returns to office. Our enemies believe America is weak under Biden, but will once again be strong under Trump. We face dangerous times over the next six months due to the Left’s and media’s sheer recklessness of propping up Biden, as they are so desperate to cling onto power and stop Trump that they would put America at grave risk.

I also take no glee that his administration is being run largely without his control by unelected and unaccountable staffers whose decisions are leading to the economic mess we are in and the literal rape and murder of women by illegal immigrants pouring across Biden’s open border. We have faced similar conditions in the past when Woodrow Wilson and Franklin Roosevelt suffered debilitating strokes resulting in others making decisions for them. The results of those leadership voids ultimately led to the rise of Adolph Hitler and the Nazis and the conquest of the Soviet Union over Eastern Europe.

I do, however, take enormous glee in the panic on the Left and in the media after the debate, as those men and women have been lying, covering up, and gaslighting America on the true state of Biden’s condition. It was Biden’s physical and mental condition that ultimately proved catastrophic for his reelection effort. As I watched the debate, I sent this text to my friend after just thirteen minutes.

I sent that text after the Biden response in this video.

“We finally beat Medicare.” The sheer incoherence of this answer signaled the end of Biden’s chances. With their own eyes and ears, Americans saw just how far gone Biden is physically and mentally. The Left and its media sycophants had just spent the last two weeks trying to convince America that everything was fine with Biden. They claimed the videos of Biden being Biden were “deepfakes” or “cheapfakes” created by those nasty MAGA Republicans (or even Vladimir Putin himself). Keep in mind, Biden’s incoherence just twelve minutes into the debate came after seven days of debate preparation, sleep, and no work. No amount of spin can repair the damage that clip had at that moment and will have as it is played ad infinitum over the next four months. 

Based on the debate, I will be shocked if Trump’s national and swing state polling leads don’t grow in the coming weeks. You also should watch closely the swing state U.S. Senate races to see if Biden’s disastrous debate performance impacts other races. The debate on Thursday made it far more likely that Trump will win in November along with the Right taking control of the U.S. Senate and retaining control of the U.S. House. With that tripartite control will come enormous expectations that Trump and the Republicans better deliver on.

Next up for Trump is making a sound decision on who will serve as his Vice President. I hope, as I wrote previously, he picks wisely.

The second event was the release of the U.S. Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo in which a 6-3 majority reversed the long-hated Chevron decision that gave far too much power to the administrative state via the courts giving deference to administrative agency interpretations of statutes. Under Chevron, administrative agencies used the deference granted by the courts to massively expand the administrative state and pose undue burdens on Americans and their businesses, including the vaccine mandate issued during the pandemic. The Loper decision restores the proper separation of powers in the Constitution in which the courts "exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.”  

While many Americans won’t appreciate how vital the Loper decision will be in lessening the yoke placed on them and their businesses by the administrative state, it will be a powerful tool advocates and businesses can use to fight back against the unelected and unaccountable administrative state. This mighty weapon is especially important in this era of executive order rule and the cult of climate change in which hardcore left-wing federal employees will have tried to pervert and warp every possible statute to do what the Left has failed to get done legislatively. With Chevron dead, the decline of the administrative state leviathan has begun.

The final big event was the issuance of the Supreme Court’s decision in Fischer v United States in which a 6-3 majority held that it was wrong for the U.S. Department of Justice to use 18 U.S.C. section 1512(c)(2) to imprison 1/6ers for “obstructing an official proceeding.” The Supreme Court noted that "the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.” Of note, Justice Ketanji Brown Jackson joined the majority, thereby undermining any claim by the Left and the media that the Fisher decision was partisan.

The Fischer decision will impact hundreds of 1/6 prosecutions with some resulting in the removal of being charged or convicted of a felony. Those who have already served their sentences should seek redress from the federal government for the wrongful prosecutions. For those remaining to be tried, their lawyers now have a stronger case to make against the federal government’s political prosecutions. For those 1/6ers who are dead because of the federal government’s over-zealous actions against them, wrongful death claims should be filed against the prosecutors and investigators of their cases.

Importantly, one of the core charges against Trump by out-of-control special counsel Jack Smith is now dead, so Smith will have to re-evaluate his case against Trump. With Trump’s greater odds of winning in November, Smith must consider the utility of his cases against Trump knowing that Trump will have the cases dismissed on January 20, 2025.

The winning streak could continue on Monday when the Supreme Court files its decision in the Trump 1/6 immunity case. I expect the Supreme Court to hold that presidents possess immunity for official acts and remand the case back to the trial court to determine which of the acts Trump is accused of doing by Smith were within the “outer sphere of official acts.” That process will kick Smith’s case against Trump until after the election, as the trial court’s determination will be appealable by Trump. The idea that presidents don’t have any immunity, as the trial and appellate courts held, is absurd, as it would render every president open to criminal prosecution after their term ends. Trump noted this indirectly during the debate on Thursday when he noted some of the criminal acts committed by Biden via his open border policies. The Left always fails to appreciate that the lawfare evils it releases each time it opens a new Pandora’s box remain in the world to be used against them once they are no longer in power.

Trump’s debate win, along with the two Supreme Court decisions, represent the beginning phase of reinvigorating the Constitution and restoring the American promise for every American crushed by the administrative state and unfairly targeted by the federal government after the 1/6 riot. If Trump wins in November, he will have the chance to defang the administrative state even more, recharge the American economy so Main Street Americans can finally get ahead again, put out the global flames of war fanned by the Biden Administration, restore our justice system to one standard that gets applied regardless of ideology, and appoint more judges and justices who will employ an originalist understanding of the Constitution. 

In case you missed it, listen to my latest interview on The Bruce Hooley Show when we discussed the presidential debate and how Ohio has leveraged the Intel investment compared to Arizona.