McCain and the Court

I am a disappointed, though not necessarily disgruntled, Clinton voter.  Unlike my fellow bloggers at Clintonistas for Obama, I have not yet enthusiastically embraced Senator Obama.  However, at no point during this process did I let go of my absolute disgust with the Republican Party and my opposition to everything elephant.  I have chosen to support Senator Obama because electing John McCain would be a disaster for this country.  President John McCain is four more years of George Bush.  President Obama will bring progress on the issues that I care about.

Although Hillary Clinton's candidacy for the presidency has been "suspended" (read:  It's over), I continue to maintain ties to my fellow Clintonistas, many of whom refuse to give their support to Senator Obama.  Many are planning to write Hillary in. Others are openly supporting Republican Senator John McCain.  

Much of the debate raging on the Clinton forums and blogs involves the importance of the Supreme Court.  Many Clinton advocates argue that electing John McCain does not endanger a woman's right to choose and other important causes because a Democratic Senate would not allow a President McCain to appoint right-wing Supreme Court Justices.  With all due respect to my friends pushing this argument, a review of the recent history casts serious doubt on this argument.

In the spring of 2005, Senate Democrats and Republicans locked horns over judicial nominations.  Senate Democrats had filibustered a number of President Bush's judicial nominees--preventing an up-or-down vote--because they felt they were too extreme.  Then GOP Senate Majority leader Bill Frist was threatening to use the so-called "nuclear option," changing Senate rules allowing for a simple majority vote to close debate on judicial nominations.  Senate Democrats responded by promising to use the rules of procedure to bring the Senate to grinding halt.

To avert the coming train wreck, a bipartisan group of senators, known as the Gang of 14,came together and signed an agreement averting a showdown.  The seven Republican senators agreed not support the "nuclear option" while the seven Democratic senators agreed only to support filibusters under "extraordinary circumstances." The result was the confirmation of Priscilla Owen,Janice Rodgers Brown, and William Pryor to various appellate courts.

Later, when Bush nominated Justices John Roberts and Samuel Alito, the Gang of 14 refused to support a filibuster and both candidates were given the full support of the Senate. Justice Roberts was confirmed with the support of 22 Democrats, including Senators Dodd (CT), Levin (MI), and Byrd (WV).  Senators Kennedy and Kerry attempted to filibuster Samuel Alito's nomination, but they were thwarted by the Gang of 14 and a number of other Senate Democrats.  Debate was closed with a vote of 72-25 and Alito was confirmed 58-42, with four Democrats (Nelson-NE, Byrd-WV, Johnson-SD, and Conrad-ND) crossing the aisle to support his nomination.

Going back further, in 1991, eleven Democrats voted with 41 Republicans to confirm Justice Clarence Thomas, this at a time when Democrats had a 56-44 majority in the Senate.

Simply put, the Democratic Party does not have a history of standing up to right-wing judicial nominations.  Senator Clarence Thomas was so conservative that although he would be the only African-American Justice, the NAACP refused to endorse his nomination.  He still got eleven Demcratic votes.

Yes, we will have bigger majorities in the fall, but many of those senators will be representing purple or red states.  Looking at today's Electoral Vote Senate map, under the rosiest projection, Democrats could have a 58-42 majority in January (including Joe Lieberman, DINO-CT).

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This map assumes pick-ups in conservative states such as Mississippi, Colorado, Kentucky, Alaska, and Virginia and it also assumes that we hold our seat in Louisiana.  In addition, we already have senators from Virginia (Webb), Montana (Tester), Arkansas (Lincoln, Pryor), and Louisiana (Landrieu).  That also doesn't account for our pro-life Democrats, Senator Majority Leader Harry Ried (NV) and Senator Bob Casey, Jr (PA).  

I cannot pretend to understand the anger and disappoint that my fellow Clintonistas are experiencing right now.  Compared to most, I didn't work as hard or contribute as much.  My own emotions in this race have been difficult for me to sort out and I won't judge those who are in a different place than I.  However, I cannot agree with this argument that the Senate will protect us from a neo-conservative court, not when John McCain has already promised to deliver strict constructionist judges and Democrats have no history of standing up to Republican presidents.

I urge my fellow Clintonistas, whom I deeply respect, to re-consider their opposition to Senator Obama, not out of fear, but out of a shared desire to move our country forward on the issues that all of us, including Hillary, hold dear.  

Cross-posted at Clintonistas for Obama and Psychodrew's Blog.

Tags: Barack Obama, Hillary Clinton, John McCain, Supreme Court (all tags)

Comments

24 Comments

Just say no!

Even if you're not ready to say yes to Obama, please say no to John McCain.  We can't give him the court.

by psychodrew 2008-06-10 04:46AM | 0 recs
thank you, psychodrew

by annatopia 2008-06-10 05:28AM | 0 recs
Seconded...

by atdleft 2008-06-10 05:42AM | 0 recs
Seconded...

I'm so glad psychodrew brought this up. If we allow McBush to win, this means the end of our Constitutional rights as we know them, an end to seeing ANY reason on the Supreme Court, and seeing all the lower federal courts being packed with radical right ideologues. And if anyone tells us how "moderate" and "maverick" McBush is, we need to remind them that he's voted in lockstep with Bush-Cheney at least 90% of the time over the past 8 years.

by atdleft 2008-06-10 05:46AM | 0 recs
Re: Seconded...

He was maverick until he decided that he would get further in politics by getting into bed with the neo-conservatives.  He learned the wrong lessons from his defeat in 2000.

by psychodrew 2008-06-10 05:51AM | 0 recs
Re: McCain and the Court

This is a very important point you make. There is a diary up here at mydd that documents the ages of the members of the court. The next president, should he serve two terms, may well appoint six justices.

by Beltway Dem 2008-06-10 04:55AM | 0 recs
The McCain Court

How scary?  If that doesn't send a chill up your spine, I don't know what does.

by psychodrew 2008-06-10 04:58AM | 0 recs
We have a real chance

to reverse the successes of the Republicans over the last eight years in stacking the Court.  I fear that not only choice is on the table but also gay equality.  If that doesn't send a chill down my spine, nothing will.

by Beltway Dem 2008-06-10 05:03AM | 0 recs
Deep thoughts...

I wonder if that makes Tweety's leg tingle as much as Obama's speech.

by psychodrew 2008-06-10 05:14AM | 0 recs
Re: McCain and the Court

The emergence of the netroots and the quick action that we as members of various political blogs can take, have changed the dynamics in Congress.  We have proven that when we act in concert, we can help hold their feet to the fire.  We have an opportunity to profoundly effect the direction of the country for decades to come.  We need justices that will uphold our civil liberties and not accommodate corporate interests.  It is our opportunity if we choose to grab it.

by temptxan 2008-06-10 05:16AM | 0 recs
Maybe.

What have we managed to do since the election?  The only thing I know of is telecom immunity.

by psychodrew 2008-06-10 05:24AM | 0 recs
Re: Maybe.

it is a start.  More than we had before. I must admit that the protection of our civil liberties is my hot button issue.  Maybe it is my audacity of hope.

by temptxan 2008-06-10 06:27AM | 0 recs
Re: McCain and the Court

Yes, the Supreme Court is very important and you're correct that Senate Dems have been known to rubber stamp certain conservative judges..

But another issue that maybe you should bring up to the dead-enders is the topic of executive orders, which give the President permission to change laws without the permission of Congress.

For example the gag-order on federal funds on abortions is an example of an executive order, and there are so many more.

But if that doesn't convince them, then maybe some really are content to throw away the next 4 years, which is odd considering how bad things are now.

by wiscogirl101 2008-06-10 05:19AM | 0 recs
Not dead-enders.

They're Democrats.  If we treat them with respect and give them time and space, they'll come home.  If things have changed by October, then it might be time turn our fire in that direction.

I hadn't thought about the executive orders.  I'll write that up in a day or two.

by psychodrew 2008-06-10 05:26AM | 0 recs
Re: Not dead-enders.

Personally, I believe you're right that most will come home. But I also believe that there is a significant minority that will raise alot of noise against Obama, whether they're Democrats or claim to be.

by wiscogirl101 2008-06-10 05:29AM | 0 recs
I completely agree.

There are some--and you and I both know who they are--who will never come around.  But some will.

For now, I'm taking a soft approach.  We have plenty of time and I don't think that attitudes have completely hardened yet.  Come September or October, I'll turn my fire on those who refuse to support the ticket.  

I just know how I feel right now and I didn't work nearly as hard as so many of the others.  I can't imagine how they feel.  I had fleeting thoughts of supporting McCain at one point and snapped out of it.  For now, I'm going to be patient.

by psychodrew 2008-06-10 05:38AM | 0 recs
Re: McCain and the Court

There is ALSO the issue of torture -- which John McCain now supports.

John McCain also supports permanent tax cuts.

Let's face it, John McCain is a nightmare.  His America looks a lot like Bush's America -- hated and feared around the world.  We need our civil rights back and we need to stop the privitization of everything!

I stand in solidarity in the opposition to John McCain even if I'm not thrilled by the candidate who will do that. It's important that he gets our help in defeating Bush's third term.  I think the very future of our country is at stake.

by shellius 2008-06-10 02:11PM | 0 recs
Good diary, psychodrew. I'm only

checking in for a moment (work break) but will take a look at your blog(s) a bit later. One O.T. question - are you anywhere near the earthquake damage in China?

by Rumarhazzit 2008-06-10 05:23AM | 0 recs
I'm in Shanghai

And only for one more month.

I'm far, far away from the earthquake damage, but the effect on the population is different.  The entire country has rallied behind the eartquake relief effort.  If the government isn't able to cover up the construction corruption, this could end up being a pivotal event for the Chinese people in the road to Democracy.

by psychodrew 2008-06-10 05:29AM | 0 recs
Thanks......you should diary that sometime ;-]

by Rumarhazzit 2008-06-10 05:39AM | 0 recs
Re: Thanks......you should diary that sometime ;

I've had two blogs blocked by the Great Firewall, so I've been reluctant to get back into blogging Chinese politics.

by psychodrew 2008-06-10 05:41AM | 0 recs
Re: Thanks......you should diary that sometime ;

That would be really interesting to read about if you feel so inclined to blog about it when you come back.

by pomology 2008-06-10 05:57AM | 0 recs
Re: McCain and the Court

Great diary, psychodrew.  I agree that the Court is the single most compelling reason to oppose a McCain presidency.

I may be in the minority, though, in viewing the Gang of 14 as one of McCain's finer moments.  I'm a fan of bipartisanship and compromise, and the nuclear option would have led to far worse results.  I'm also not a believer in filibusters of judicial nominees unless they're clearly unqualified for the Court.  Harriet Miers, for example, was famously unqualified.  Much as I hate to say it, both Roberts and Alito were eminently qualified--especially Roberts.  They weren't the kind of justices I'd like to see more of, but I don't think it's the Senate's role to reject justices on political grounds.  That's why we have elections, and that's what's at stake in them.  To his credit, McCain voted for both Breyer and Ginsburg because, although they were liberal judges, they were both clearly qualified, and he respected Clinton's prerogative in selecting the kind of justices he wants.

I'm still not sure how seriously to take McCain's promise to select "strict constructionist" judges--I think it's a line he uses to shore up his ever-weakening rightward flank.  But we can be sure that given a Court filled with aging, soon-to-retire liberals, young, ideological conservatives (especially the batshit crazy Thomas, who actively wants to overthrow 100+ years of American jurisprudence), and a center controlled by the self-aggrandizing Anthony Kennedy, whoever he'd be likely to appoint would cement the conservatives' grip on the Court.  And it's not just Roe, executive prerogatives, and gun control we'd have to worry about: a full conservative coup could lead to drastic changes in federalism doctrines, equal protection cases, and the role of religion in public life.

I have a post up on my blog speculating on possible SCOTUS picks by both candidates if you're interested in checking it out.

by Koan 2008-06-10 06:40AM | 0 recs
Re: McCain and the Court

I feel exactly the same -- I do not enthusiastically support Obama, feel Hillary would have been much much better, but what choice do I have?  I live in a swing state. I cannot let my state's electoral votes go to a Republican without a big stinkin' fight. I will support the Democrat -- Obama -- only for that reason. I will not get on the Obama love train, or pontificate at length on his good points, etc., without gagging, that is.  But I will happily point out how he's MUCH better than McCain.

I invite all Hillary supporters to realize that McCain is so much the worse choice, and join the lukewarm Obama supporters like me in facing up to reality.  We cannot take another 8 years, or four years, over even ONE more year of disastrous Republican policies. Defeat McCain!!

by shellius 2008-06-10 02:06PM | 0 recs

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