In an interview with “60 Minutes” this weekend, Supreme Court Justice Sonia Sotomayor gave one of the best debunkings I’ve seen of the Right's line that a judge should be no more than an umpire, exercising no independent judgment and facing no difficult questions. Using the politically neutral example of the 3rd Amendment, Sotomayor explains how even the most seemingly clear-cut parts of the Constitution still require interpretation by judges and Justices:
Chief Justice John Roberts made headlines when, in his confirmation hearings, he said that a judge’s job was merely to call “balls and strikes.” The comforting words of his analogy hide the fact that most of the issues the Supreme Court approaches are complex and require human judgment – that’s why they reach the Supreme Court in the first place. They also conveniently obscure the fact that the conservative bloc on the Court is plenty influenced by their own ideology – there are plenty of examples here.
Justice Elena Kagan, in her confirmation hearings, gave another great rebuke to Roberts’ flawed baseball analogy. “We know that not every case is decided 9-0,” she said, “and we know that’s not because anybody’s acting in bad faith. It’s because reasonable people can reasonably disagree sometimes. So in that sense, the law does require a kind of judgment, a kind of wisdom. “
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:
It has been hard to keep up with all of the historic wins for marriage equality in the past few months. Three states passed ballot measures in support of marriage equality, and one rejected a state constitutional amendment banning it. A new CBS News Poll found – consistent with other recent national polls – that a majority of Americans support same-sex marriage. The Supreme Court could announce any day whether it will hear cases related to the Defense of Marriage Act and California’s Proposition 8. It is not hard to see that the tide is turning in our country.
But some people, it seems, are still not getting the memo.
Case in point: Mission America leader Linda Harvey. PFAW’s Right Wing Watch tuned in to Harvey’s daily radio show today and reported on her tired – but disturbing – opinions about what she views as “unnatural” behavior. “Homosexual marriage is wrong because two men together or two women is intrinsically disordered,” Harvey said. “The behavior is unnatural.”
Not to be outdone, televangelist Pat Robertson also shared some homophobic remarks today as he weighed in on the news that two women were married in West Point’s Cadet Chapel. After proclaiming that General Douglas MacArthur, Ulysses S. Grant and Robert E. Lee must each be “rolling over in his grave,” he asked: “What have they done to our cherished institution?”
But I have a different question. With the country seeing progress for LGBT communities in cities and states across the country, and with more and more Americans supporting marriage equality, the real question is when these far-right leaders are going to realize that they are on the very wrong side of a losing battle.
What do you do to win over abortion rights supporters if you've spent your whole presidential campaign telling right-wing activists you're anti-choice? For Mitt Romney, the answer is simple: lie!
First there was the TV ad assuring women that under a Romney administration, they would have nothing to worry about. Then Romney told the Des Moines Register that no anti-choice legislation "would become part of my agenda." Then the right-wing Concerned Women for America -- one of the staunchest opponents of abortion rights out there -- backed him up with an ad saying that Romney could do nothing to overturn Roe v. Wade.
The main problem being, of course, that Romney's official position, which is on his website and which he has stated on video, is that he intends to appoint Supreme Court justices who will overturn Roe v. Wade, in effect criminalizing abortion in as much as half the country. The next president will likely get the opportunity to nominate at least one Supreme Court justice. If that president is Romney, the movement to overturn Roe will likely gain a majority on the Court.
But apparently the Romney camp thinks that just lying about Roe v. Wade is still the right way to go. Former Sen. Norm Coleman, who is campaigning for Romney in Ohio, told a group of voters yesterday that Romney would have no power to eliminate abortion rights through the Supreme Court:
“President Bush was president eight years, Roe v. Wade wasn’t reversed. He had two Supreme Court picks, Roe v. Wade wasn’t reversed,” former Sen. Norm Coleman (R-MN) told a Republican Jewish Coalition meeting in Beechwood, Ohio. “It’s not going to be reversed.”
If Coleman were to do some simple counting, he would realize that Bush did not have the opportunity to put an anti-Roe majority on the Court. His appointments of Samuel Alito and John Roberts only got the Right very, very close to that long-held goal. Mitt Romney would unquestionably and deliberately put them over the edge.
But of course, Coleman knows that. And so does Romney. They're just hoping that they can tell anti-choice activists one thing and abortion rights supporters another, and somehow get away with it.
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.