Sandra Day O'Connor

College Diversity Case Shows Importance of Sup. Court as Election Issue

Since Bush replaced O'Connor with Alito, an important affirmative action precedent is now in doubt. The presidential election affects the Supreme Court and all of us.
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The 2012 GOP Field: Not Even Ronald Reagan Could Get This Nomination

Tonight, eight GOP presidential candidates will alight on sacred ground to some: the Ronald Reagan Presidential Library in Simi Valley, California. As the candidates pay the required perpetual homage to the 40th president, the rest of us might take some time to reflect on just how far off the Reagan Ranch the Republican Party has gone.

Since the advent of the Tea Party, the Republican establishment has adopted a philosophy that you could call "Xtreme Reagan" -- tax cuts for the wealthy without compromise, deregulation without common sense, social conservatism without an ounce of respect -- that makes even a liberal like me almost miss the political pragmatism of the Gipper. It's terrifying that former Utah Gov. Jon Huntsman, a hard-line economic and social conservative, whose regressive economic policies as governor were to the right of Reagan, is now widely considered to be too far to the left to even be a contender.

Don't get me wrong -- I never was a fan of Ronald Reagan and his policies. But I miss the days when believing in science and being able to do basic budget math didn't make you a radical Socialist.

Reagan, a savvy politician, rode to power on the money of corporate America and the passion of an increasingly politicized Religious Right -- and, for the most part, gave both groups enough of what they wanted once he was in office to keep them both happy. But he also bucked those interests at some important points. Contrary to current Reagan hagiography, he raised taxes 11 times during his eight years in office -- including the largest corporate tax hike in American history -- when it became clear that pure trickle-down economics would be disastrous for the economy. And in 1981, over the objections of anti-choice groups, he nominated the highly qualified and politically moderate Sandra Day O'Connor to serve on the Supreme Court.

Today's Tea Party candidates, as they love to remind us, are beholden to the same interests. But they have taken the Reagan strategy a step further, turning the values of the Reagan coalition into a new, unyieldingly rigid conservative orthodoxy.

In the Tea Party orthodoxy, environmentalism isn't just bad for business, it's unbiblical. Tax cuts aren't just what the rich want, they're what Jesus wants . The Democratic president isn't just a liberal, he's a foreigner trying to destroy America from within. Conspiracy theories become hard-and-fast facts before you can change the channel away from Fox News. There's no compromise when you live in an air-tight world of unquestioned beliefs that become created facts.

Let's take a look at how the eight GOP candidates debating tonight have taken Xtreme Reaganism and made it their own:

  • Rick Santorum: Compared health care reform to drug dealing, said it will make Christians "less than what God created you to be," said it would "destroy the country"; compared gay relationships to "man-on-dog sex"; slammed the Supreme Court decision ensuring the right to access contraception.
  • Herman Cain: The most unabashedly anti-Muslim candidate in the field (and that's saying something!), proposed a religious test for office for Muslims who wanted to work for his administration.
  • Newt Gingrich: Where to begin? Maybe with the threat of a "secular atheist country... dominated by radical Islamists." Or with the threat of "gay and secular fascism." Or with his entire record as Speaker of the House of Representatives. You choose.
  • Ron Paul: Supposedly the most "libertarian" figure in the GOP, but does not support personal liberties for women or gay people. Still thinks the Voting Rights Act was a bad idea and we were better off before FEMA.
  • Jon Huntsman: The supposedly "moderate" candidate in the GOP field, enacted a highly regressive flat tax as governor of Utah, tried to eliminate corporate taxes, and banned second-trimester abortions.
  • Michele Bachmann: Calls homosexuality "personal enslavement," wants to reduce government to "its original size," says those who believe the science of evolution are part of a "cult following."
  • Mitt Romney: Believes whatever the Republican base wants him to believe, which these days is pretty far off the rails.
  • Rick Perry: Kicked off his presidential campaign by holding an event with the most extreme leaders of the Religious Right he could find, including a pastor who thinks that God sent Hitler to hunt the Jews and another who thinks that the Statue of Liberty is a "demonic idol."

This is the field that the Party of Reagan has produced to appeal to a right-moving and increasingly isolated base -- where the architect of health care reform has to run against himself, where the most libertarian still isn't willing to cross the Religious Right, and where the highest-polling has floated the idea of his state seceding from the union.

Listen tonight as you hear the homage to Ronald Reagan and consider how radical this party has actually become.

Cross posted on Huffington Post

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Majority of Americans Comfortable with Obama Picking Supreme Court Justice

Jeff Sessions take note: a new Washington Post-ABC News poll has found that a large majority of Americans are just fine with President Obama picking the next Supreme Court Justice.

Overall, two-thirds of Americans say they are comfortable with Obama selecting the nation's next justice, including nearly a third of Republicans. That is comparable with a Fox News poll conducted last May before the president chose Sonia Sotomayor to be his first nominee to the court.

The poll finds 65 percent of Americans -- 63 percent of registered voters -- comfortable with Obama making the choice. In June 2005, a Fox poll found 54 percent of registered voters comfortable with President George W. Bush choosing a replacement for the retiring Justice Sandra Day O'Connor.
 

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Justice Alito: Words v. Actions [VIDEO]

The media spent much of last week obsessing over Justice Samuel Alito's injudicious show of disapproval during the State of the Union. They went a bit overboard to be sure, but were it not for that, millions of Americans may have missed the Citizens United ruling entirely.

Citizens United, as you probably know, opened up elections to unlimited corporate spending. The 5-4 decision overturned a century of precedent and was made possible by Justice Alito -- President Bush's nominee to replace moderate Sandra Day O'Connor.

Sorely absent from last week's coverage was how far Alito's actions on the bench have departed from his words as a nominee. With that in mind I've pulled some relevant clips from the confirmation hearing.

Alito praised the principle of stare decisis (respect for precedent) throughout his hearing but hasn't let it prevent him back brashly overruling longstanding decisions. Here, in conversaton with Senator Orrin Hatch (R-UT), he argued that the court should take limited actions and use its ability to overrule precedent sparingly:

HATCH: Does that mean that the Supreme Court should perhaps be even more cautious, even more self-restrained, since there is no appeal from any errors that they might make?

ALITO: I think that's a solemn responsibility that they have. When you know that you are the court of last resort, you have to make sure that you get it right. It is not true, in my judgment, that the Supreme Court is free to do anything that it wants. It has to follow the Constitution and it has to follow the laws. Stare decisis, which I was talking about earlier, is an important limitation on what the Supreme Court does. And although the Supreme Court has the power to overrule a prior precedent, it uses that power sparingly, and rightfully so. It should be limited in what it does.

Alito frequently said that his judicial philosophy discourages him from reaching overly broad decisions when a narrower ruling is possible. Yet he and the other conservatives went far out of their way in order to strike down as many restrictions on corporate influence in elections as possible. Here, still speaking to Senator Hatch, Alito praised narrow rulings and noted that court rulings on consitutional grounds often cannot be undone by Congress (indeed, we are coming up against that limitation now with Citizens United):

ALITO: Because a constitutional decision of the Supreme Court has a permanency that a decision on an issue of statutory interpretation doesn't have. So if a case is decided on statutory grounds, there's a possibility of Congress amending the statute to correct the decision if it's perceived that the decision is incorrect or it's producing undesirable results. I think that my philosophy of the way I approached issues is to try to make sure that I get right what I decide. And that counsels in favor of not trying to do too much, not trying to decide questions that are too broad, not trying to decide questions that don't have to be decided, and not going to broader grounds for a decision when a narrower ground is available.

Alito also made a good show of deference to the elected branches of government, arguing that the role of a judge is to interpret the law, not make public policy. He clearly disregarded these remarks to Senator Jeff Sessions (R-AL) when he joined with four other judges to strike down decades of legislation passed by Congress and signed into law by the President:

SESSIONS: But we really want the court to be more modest and to draw back from some of its intervention and policy issues that are causing much angst around the country. You want to comment on that? Otherwise, Mr. Chairman, I would yield my time.

ALITO: Well, Senator, I think your policy views are much more legitimate than the policy views of the judiciary because members of Congress are elected for the purpose of formulating and implementing public policy and members of the judiciary are appointed for the purpose of interpreting and applying the law.

PFAW

Congratulations Dr. Joseph Lowery, Recipient of Presidential Medal of Freedom

Dr. Joseph Lowery, civil rights icon and founder of the Southern Christian Leadership Conference, was awarded the nation’s highest honor today, the Presidential Medal of Freedom, by President Barack Obama:

Calling him a “giant” of the civil rights movement, President Barack Obama on Wednesday awarded Atlanta’s Rev. Joseph Lowery the nation’s highest civilian honor Wednesday.

Lowery was one of 16 recipients of the Medal of Freedom. Less than 60 years after he and other black men were denied seats at white’s-only lunch counters and on buses, Lowery stood aside a Supreme Court judge, actors and actresses and some of science’s brightest minds in accepting the honor.

The rest of the awards went to Sidney Poitier, Jack Kemp, Stephen Hawking, Nancy Goodman Brinker, Pedro Jose Greer Jr., Billie Jean King, Sen. Edward M. Kennedy (D-Mass.), Justice Sandra Day O'Connor, Harvey Milk, Joseph Medicine Crow, Archbishop Emeritus Desmond Tutu, Muhammad Yunus, Janet Davison Rowley and Chita Rivera. In today’s ceremony in the East Room of the White House, Pres. Obama said the 16 honorees represent "what we can achieve in our lives . . . [and] the difference we can make in the lives of others."

PFAW’s Voters Alliance had the pleasure of working with Dr. Lowery last year for an ad on behalf of Georgia Senate candidate Jim Martin. Congratulations, Dr. Lowery for recognition for your years of service.

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Justice O’Connor Speaks Out. Kinda.

The New York Times has a short interview of former Supreme Court Justice Sandra Day O'Connor, and it’s interesting to see all the topics she doesn’t want to talk about.

Whom did you vote for in the presidential election?

Come on, is this about my Web site?

She dodges a question about Harriet Miers and declines to call herself a feminist, but one thing O’Connor doesn’t hold back on is her desire to see another woman appointed to the Court.

It was better for me when I was joined at the court by a second woman. When I was there alone, there was too much media focus on the one woman, and the minute we got another woman, that changed.

Makes sense.

Diversity on the Court—in all its many forms—was a big topic at our recent Beyond the Sigh of Relief panel. Take a look if you haven’t already.

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