Robert Bork

Mitt Romney is Right

There was one remark in last night’s GOP debate that we here at PFAW whole-heartedly agreed with. Asked about his view on judicial appointments, Mitt Romney said:

Let me note that the key thing I think the president is going to do, is going to be with the longest legacy. It's going to be appointing Supreme Court and justices throughout the judicial system. As many as half the justices in the next four years are going to be appointed by the next president.

Judicial nominees will indeed be the most lasting legacy of the next president. And that’s why we can’t afford to hand over those decisions to Mitt Romney.

At last night’s debate, Romney joined his fellow candidates in praising Justices John Roberts, Antonin Scalia, Samuel Alito and Clarence Thomas, the Supreme Court’s ultra-conservative base. Under these justices, the Court has moved farther to the right than it has in decades, consistently privileging big corporations over individual Americans. When Romney declared this summer that “corporations are people, my friend,” he was summarizing, and approving of, the Court’s decision in Citizens United v. FEC.

But it’s not just that Romney wants more Alitos and Thomases on the Supreme Court. Romney sent a signal that he would move the federal courts even farther to the right than they are today when he took on Robert Bork as his campaign’s chief legal advisor. Bork’s conservativism is so extreme that a bipartisan majority of the Senate rejected him for the Supreme Court in 1987. He was against the Civil Rights Act of 1964. He thought it was just fine to criminalize homosexuality. He was a professed fan of censorship. And since then, he has become even more extreme in his defense of corporate power and dismissal of individual rights. But not, apparently, too extreme for Mitt Romney.

Romney is absolutely right that appointing judges will be “the key thing” the next president will do. And it’s exactly the reason why he shouldn’t be president.
 

PFAW

Clarence Thomas Reminds Us (Again) Why the Supreme Court Matters

In a bit of good news, the Supreme Court today declined to hear the appeal of two Establishment Clause cases from Utah striking down as unconstitutional state-approved memorial crosses on public highways. But in dissenting from this decision not to take the case, Clarence Thomas has done us the favor of reminding Americans just how out of the mainstream he is.

While Thomas's dissent is an expansive critique of the Court's Establishment Clause jurisprudence, he does briefly remind readers just how far from the mainstream his views are.

Even if the Court does not share my view that the Establishment Clause restrains only the Federal Government, and that, even if incorporated [by the 14th Amendment to apply to the states], the Clause only prohibits "actual legal coercion," the Court should be deeply troubled by what its Establishment Clause jurisprudence has wrought. [emphasis added and internal citation removed]

Mitt Romney has made clear that he sees Clarence Thomas as the kind of jurist he would nominate to the Supreme Court. This is no surprise coming from someone who asked rejected Supreme Court nominee Robert Bork to lead his campaign's legal advisory team.

Thomas's dangerously narrow vision of the Establishment Clause is a good reminder of how much is at stake when Americans vote for president in 2012.

PFAW