Archive for August 3rd, 2009

Judicial Activism = Absence Of Conservative Judicial Activism

That’s really the only consistent definition that I can see in the Republicans’ usage of the term.  John McCain is the latest offender:

One day after he warned that Republicans have a “very, very deep hole that we’ve got to come out of” with Latino voters, Sen. John McCain (R-AZ) announced that he would oppose the first Latina nominated to the nation’s highest court. Moreover, in his statement opposing Judge Sonia Sotomayor, McCain misrepresents his own record on judges:

Again and again, Judge Sotomayor seeks to amend the law to fit the circumstances of the case, thereby substituting herself in the role of a legislator. … To protect the equal, but separate roles of all three branches of government, I cannot support activist judges that seek to legislate from the bench. I have not supported such nominees in the past, and I cannot support such a nominee to the highest court in the land.

Despite his claim that he has never supported a judge who “seeks to amend the law to fit the circumstances of the case,” McCain voted in favor of Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito; and he described both Roberts and Alito as “model judges” during the 2008 campaign….

[Insert Roberts, Alito, and Thomas’ greatest hits here]

As a Yale Law School study published before Roberts and Alito joined the Supreme Court determined, Justice Thomas is the one justice who is most likely to vote to invalidate an Act of Congress — doing so a massive 65.63% of the time. The Court’s two Clinton appointees, Justices Ginsburg and Breyer, are the least likely to second-guess Congress.  So McCain has no problem with judges who “substitute [them]self in the role of a legislator;” he’s just upset that Sotomayor won’t push the same right-wing agenda as his favorite justices.

“Judicial activism” is transparently dishonest garbage, but I predict that Republicans will continue using it as an excuse to vote against moderate and progressive judges until roughly the end of time.

August 3rd, 2009 at 07:36pm Posted by Eli

Entry Filed under: Constitution,Judiciary,McCain,Politics,Republicans,Wankers

Yet Another Reason Not To Take The Birthers Seriously…

Epic Fail:

WorldNetDaily and the right-wing fringe are very excited about their scoop that Orly Taitz has “released a copy of what purports to be a Kenyan certification of birth” for President Obama. According to WND, “Taitz told WND that the document came from an anonymous source who doesn’t want his name known because ‘he’s afraid for his life.’ ” So in order to believe Taitz and WND, one would have to assume that this document was requested 45 years ago, preserved that entire time, withheld through the entire election and transition period, and yet somehow ended up in the hands of someone sympathetic to Orly Taitz.

DailyKos’ David Waldman has identified what appears to be an even more glaring problem with WND’s latest smoking gun. The document posted by WND purports to have been produced by the “Republic of Kenya” on February 17, 1964. But Kenya didn’t even become a republic until December 12, 1964. An article from that day’s Washington Post, for example, reported that “Kenya became the newest republic within the British Commonwealth at midnight.”

Jebus, what a bunch of inept clowns they are.  Too bad for them that they were as credulous about this birth certificate as they were skeptical about the real one.

2 comments August 3rd, 2009 at 11:23am Posted by Eli

Entry Filed under: Racism,Republicans,Wankers

The Wrong Basket

Digby wonders why the Republicans are going so hard after Sotomayor:

This is what I find inexplicable about Republican strategy. They knew before she was nominated that the person Obama named was 99% likely to be confirmed. They knew she was replacing a liberal on the court, so no harm no foul in terms of the balance on the court. And they know they have a problem with Hispanics, the fastest growing demographic in the country. Allowing a large margin to vote for Sotomayor would be an easy way to ease some of those tensions, buy some good will and provide some cover the next time the Democrats try to block a nominee, without having to actually do anything. It’s just good politics.

And yet they’ve gone out of their way to publicly sully the woman’s reputation and now are pulling every possible string to keep the vote as tight as possible, thereby reinforcing the notion that they hate Hispanics so much that they will do everything in their power, even when they are sure to lose, to keep one from the Supreme Court.


This is so politically obtuse that makes me wonder what in the hell these people are really worried about. It occurs to me that they are seeing something much more devastating in their numbers than just losing the Hispanic vote of the future. It seems they must be afraid of losing the white working class. Assuming they are behaving rationally (which is assuming a lot) the only logical reason they could have for ginning up all this racial animosity is if they feel the need to secure their base with the old tried and true racial resentment. If they were secure there, they could afford to be magnanimous toward Sotomayor in a situation that makes no substantial change in policy.

Of course, it could also just be that they are a bunch of sexist, racist bastards themselves and just can’t stand the idea of a woman of Puerto Rican extraction being in power. With these people it’s usually a good idea to apply Occam’s Razor and call it a day.

If doubling down on racism is an actual strategy, then it’s a very desperate and risky one.  They’re putting all their eggs in a basket which is shrinking.  Even if white people aren’t becoming less racist over time (and I’d like to think we are), their proportion of the electorate is getting smaller.  Winning the racist vote is going to be less and less valuable, and alienating the minority and non-racist vote is going to be more and more damaging.

So good luck clinging to that Southern Strategy, Republicans, even now that it’s becoming more anchor than life preserver.

August 3rd, 2009 at 07:20am Posted by Eli

Entry Filed under: Judiciary,Politics,Racism,Republicans,Wankers

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