Supreme Court

Kathryn Kolbert Discusses Obama and the Supreme Court on Pacifica Radio

People For President Kathryn Kolbert joined American University law professor Jamin Raskin on Tuesday to discuss Barack Obama and the Supreme Court on Pacifica's What's at Stake. Among other things, Kolbert and Raskin discussed what progressives should look for in an Obama nominee to the Court.

Click below to listen to the interview:

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The Choice Is Clear

If you haven't already gotten a chance, be sure to read Joan Biskupic's article on the Supreme Court in today's USA Today, a good primer on the choice that voters face on Election Day.

The appointment of life-tenured judges can be an administration's most consequential legacy, as Obama and McCain observed in last week's debate. Five of the nine Supreme Court justices are age 70 or older, so a new president might have to make multiple appointments.

Because the court is tightly split over issues such as abortion rights, race-based policies and the handling of Guantanamo Bay detainees, even a change of one justice could alter the law across the nation for decades to come.

The article does contain one line of very generous understatement.

[Palin] has invoked God on public occasions and suggested she does not believe in a high wall to separate church and state.

I think that's a pretty safe inference.

The website also offers a fun little SCOTUS quiz.  (I don't mean to brag, but I aced it.)

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Three Decades of Covering the Court

Radar magazine has a great interview this week with Linda Greenhouse, who recently retired after 30 years of covering the Supreme Court for The New York Times.

It's a long, wide-ranging interview, so I'd recommend reading the whole thing, but here's one of the best bits:  Greenhouse talking about the Court's power to make the world better — particularly in terms of advancing gay rights. She refers here to the Court's 2003 decision in Lawrence v. Texas to strike down a law that essentially made it a crime to be gay.

I talk about gay rights quite a lot as a marker of how much better off we are. I believe that very strongly. I think that was probably the most gripping scene I ever witnessed at the Court—when Kennedy read the majority opinion in Lawrence v. Texas. Usually, when you go up to the Court, you don't know what's coming that day. But it was the last day of the term, and Lawrence was the last undecided case. So everybody knew, and the Court was filled with gay and lesbian members of the Supreme Court bar. When Kennedy got to where he said Bowers v. Hardwick was wrong when it was decided, it's wrong today, and we hereby overrule it, all these lawyers in the bar section started crying. It was just a wonderful scene. It was great.

Judith Schaeffer, our former legal director, wrote a great reflection on Lawrence v. Texas this past June, on the five-year anniversary of the landmark decision. Read it here.

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Biden on Bork

At the Vice Presidential debate last night, Joe Biden referenced his leadership against Robert Bork’s nomination to the Supreme Court.

And it didn't take me long -- it was hard to change, but it didn't take me long, but it took about five years for me to realize that the ideology of that judge makes a big difference.


That's why I led the fight against Judge Bork. Had he been on the court, I suspect there would be a lot of changes that I don't like and the American people wouldn't like, including everything from Roe v. Wade to issues relating to civil rights and civil liberties.

Biden is entirely correct.  The ideology of a judge matters immensely.  Right wing judges who bring a political agenda to the courts have no business being nominated or confirmed.

Of course, Joe Biden wasn’t alone in leading the fight against Bork.  People For the American Way led the campaign in the public arena, including this ad, narrated by Gregory Peck.

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Video: Palin on the Supreme Court

Here's more video from Sarah Palin's interview with Katie Couric — in which Couric asks her to name Supreme Court decisions she disagrees with and she lapses into confounded silence after naming only one, Roe v. Wade.

I realize that the larger thing we should be concerned about is McCain and what sorts of justices he'd nominate as president — because the next president could potentially name up to three, going by the current justices' ages and chances of retiring.

But it's worth noting (and being kinda horrified by) the fact that Palin — the person who could be, as the media likes to say, "a heartbeat away" from having the power to shape the direction the high court takes for the next 40 years — can't extemporaneously name more than one Supreme Court case she disagrees with.


COURIC: What other Supreme Court decisions [than Roe v. Wade] do you disagree with?

PALIN: Well, let's see. There's — of course — in the great history of America rulings there have been rulings, that's never going to be absolute consensus by every American. And there are — those issues, again, like Roe v Wade where I believe are best held on a state level and addressed there. So you know — going through the history of America, there would be others but —

Video/transcript via Ben Smith of The Politico.

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