In an op-ed printed in the Portland Press Herald this weekend, retired congressman Barney Frank offers a sharp critique of the far right Supreme Court under John Roberts. Explicitly noting the importance of the Court in defining law that affects all citizens, Frank makes clear not only that courts matter, but everyday citizens have a hand in how these courts are shaped.
Reviewing the impact of recent Supreme Court decisions — from overturning “more than 100 years of federal and state efforts to regulate the role of money in campaigns” to declaring that corporations have the right to religious freedom under RFRA—Frank states that “the court has ended this term with a barrage against laws it does not like” (emphasis added).
…The Supreme Court is now strongly inclined to impose conservative ideology via Constitutional interpretation on a broad range of public policy. It is true that Kennedy and to some extent Roberts occasionally deviate from this, but Justice Samuel Alito has surpassed even Justices Antonin Scalia and Clarence Thomas in his ideological purity.
The relevance of this to the next two elections is very clear. Four of the sitting justices are in their late 70s or older. This means that there is a strong possibility that President Obama will have a chance to appoint another justice before his term expires, but his ability to do so will be determined not simply by the health of the justices in question, but by the composition of the U.S. Senate. The increasing partisanship in the Senate, the continued virulent influence of the tea party and recent history strongly suggest that even if a vacancy occurs, Obama will be prevented from filling it (emphasis added).
Frank refers to the unceasing Republican obstructionism and argues courts are critical for defining laws that affect Americans on a daily basis, highlighting the importance of this year’s midterm elections. As he concludes in this piece,
This makes it highly likely that among the issues that will be determined in the next senatorial and presidential election will be the ideological makeup of the Supreme Court. Voters should act accordingly.
The Washington Post ran a story yesterday about President Obama's successful push to bring greater diversity to the federal courts. The story quoted a conservative activist who accused the White House of "lowering their standards" in order to find diverse nominees and a Republican aide who claimed that the White House's focus on diversity would "override the substantive qualifications of the nominees."
Leslie Watson Malachi, Director of African American Religious Affairs at People For the American Way, responded with the following letter to the editor:
To the editor:
Regarding the March 3 story, “Obama pushing to diversify federal judiciary amid GOP delays.”
One of President Obama’s most significant, but least noticed, achievements has been his effort to bring more women and people of color to the federal bench. Last week, the U.S. Supreme Court showed us just how critical that effort is.
In oral arguments on Shelby County v. Holder, the challenge to Section 5 of the Voting Rights Act, Justice Antonin Scalia declared that the renewal of voting protections for people of color simply amounts to a “racial entitlement.” Justice Sonia Sotomayor, the first Latina on the Supreme Court, promptly contradicted him.
Scalia’s arrogant dismissal is echoed by the conservative activist who tells the Post that the White House may be “lowering their standards” in nominating women and people of color and the GOP aide who worries that a focus on diversity would “override the substantive qualifications of the nominees.”
President Obama hasn’t had to choose between qualified nominees and diverse ones. Instead, he’s chosen judges and justices like Sotomayor: excellent nominees from diverse backgrounds, all of whom have earned their way to judgeships for which they are eminently qualified.
LESLIE WATSON MALACHI
DIRECTOR, AFRICAN AMERICAN RELIGIOUS AFFAIRS
PEOPLE FOR THE AMERICAN WAY
On Friday, the Supreme Court agreed to hear two landmark cases on marriage equality. Yesterday, Justice Antonin Scalia reminded us again why gay rights advocates, to put it mildly, aren’t counting on his vote.
Scalia is the Supreme Court’s most outspoken opponent of gay rights. He led the dissent to the two major gay rights decisions of his tenure on the Court, the decisions to strike down Texas’ criminal sodomy law and to overturn Colorado’s ban on local anti-discrimination measures. And in his spare time, he minces no words about his uncompromising opposition to gay rights. Here are seven of his most egregious anti-gay statements:
People For the American Way has been stressing the enormous importance of the Supreme Court in the next election, emphasizing that if Mitt Romney is elected, he has promised to nominate extreme right-wing judges who will limit our civil liberties and rescind equality measures. In a new ad, Massachusetts Senate candidate Elizabeth Warren echoes these concerns, warning that a Senate dominated by Republicans has the potential to approve a justice that would help overturn Roe v. Wade. Warren’s opponent Scott Brown has already voiced his support for Justice Antonin Scalia, naming the ultra-conservative judge as his favorite on the Supreme Court. We cannot afford to elect candidates like Mitt Romney or Scott Brown, who are sure to nominate and confirm justices that will take us back in time and turn back the progress we have made on behalf of women’s rights, worker’s rights, voting rights, and more.