RICKAMAVEN
Friday, January 13, 2006 7:30:00 AM
If you are still having difficulty decoding Sam Alito, let me help because I think I've got it.

Let me start with a bit of animal wisdom. When wild dogs – wolves – hunt, they don't bark. Only pampered, psychotic domestic dogs are prone to non-stop barking. In the wild chronic barkers would be chased off. The last thing a pack of wild dogs need is some loudmouth warning game of their presence and intentions.

Likewise there are two kinds of righ-wingers – barkers and hunters. Tom DeLay, Pat Buchanan, ****** Army, Newt Gingrich, ****** Cheney, are barkers. They make a lot of noise. They lift their leg on everything in sight, boisterously marking ever-expanding circles of social and political territory, snarling at any who oppose their claims.

Sam Alito, on the other hand, is a wolf -- a quiet, patient hunter. No barking. No snarling. No chasing every passing car. He chooses his fights carefully. And when Supreme Court Justice Sam Alito marks conquered territory he will do so with indelible ink.

You see this clearly from the days when young Alito served in the Reagan Justice Department. Back then he tried to get that administration's barkers muzzled. He argued that they would get more done if they shut the hell up, stopped snarling and charging at every issue they saw as a liberal affront.

In particular Alito warned them against launching “a frontal assault against Roe v. Wade” at the Supreme Court. Instead he counseled that they adopt a “slow, incremental approach,” chipping away at abortion rights one case at a time, eventually rendering Roe irrelevant.

Alito warned the Reagan pack that pushing the Supreme Court to reverse Roe they risked a court reaffirmation of Roe, rendering the precedent even stronger.

But those dogs were on the scent and already barking up that tree. They ignored Alito's quiet, incremental approach and charged barking away up the Supreme Court steps -- only to be pepper sprayed. The Court reaffirmed Roe -- just as quiet Sam had warmed.

A quarter century later the quiet hunter's day has finally come. Once on the Supreme Court Sam Alito will not have to convince anyone of his chip-away strategy for rendering Roe moot. This time he will join like-minded conservatives on the Court, with his addition finally complete a winning hand -- a full house.

We progressives/liberals – whatever the hell we call ourselves these days – need to come to grips with this new, grim, reality. As I said during the Roberts confirmation hearings, the Supreme Court is lost to the left. Ever since the 1960s liberals have figured they could afford to lose key progressive issues in Congress because the Supreme Court would always stand with the people. Those days are over -- barring half the Justices dropping from bird flu and being replaced by a Democrat President. Not likely. The days of a civil/human rights, progressive oriented Supreme Court are over, and not likely to return during our lifetime.

This will manifest themselves slowly, over time. Rather than unifying America, this court will fracture it. A decade from now a woman's reproductive rights will depend on which of the 50 states she lives in. A woman living in Utah will likely have to head to California to end an unwanted pregnancy. A poor woman in Georgia will just be **** out of luck.

The same will be true for what conservatives like to call, religious expression in the public square.” In Bible Belt states the line between fundamentalist Christianity and local and state government will become indistinguishable as “faith-based” (Christian) groups potluck their way into every school, library, police and elected office.

Democrats are not going to prevent Alito's confirmation. And it's not just the Supreme Court that is lost, but also a good hunk of lower federal courts as well. Meaning that, for all purposes progressive, the entire Judicial Branch is lost as well – an d remain so for at least the next two generations. No longer can progressives simply assume the courts will do the right thing, because they have been stacked to assure they will mostly do the Right Thing instead.

So, it's time for liberals/progressives to knock off the silliness, we are so well know for, and get deadly serious about reclaiming control of the other two branches of government -- Congress and the Executive Branch.

Even then it may be an uphill fight. This new right-wing Supreme Court will now serve a similar function in America as the Supreme Council of Mullahs serves in Iran where any law passed by Iran's elected representatives can be struck down as “un-Islamic” by the Supreme Council. Likewise here, any laws passed by Congress the Supremes disagree with will be declared “un-constitutional.”

Reagan coined the slogan, “morning in America.”

For progressive forces of reason it's now mourning in America.

bassdude
Friday, January 13, 2006 7:39:00 AM
Congress because the Supreme Court would always stand with the people.

so the left does not consider the right to be people? I believe we are the majority.

00camper
Friday, January 13, 2006 8:12:00 AM
I agree about the quiet hunter part of the post. I disagree with the author that an Alito confirmation will end the progressive agenda. There may be tinkering around the margins to be sure, but stopping it altogether would require about 400 representatives and 85 or more senators to accede.

Dismantling portions of the current progressive infrastructure - not an altogether bad thing, in my opinion - would require 100% participation in all 3 branches of government, which is not impossible, but very unlikely.

HockeyDad
Friday, January 13, 2006 11:22:00 AM
They're gunna ban abortion!
00camper
Friday, January 13, 2006 11:32:00 AM
I would like to see a number of current federal "powers" devolve to the states as was originally intented by the constitution. Less is more.
bloody spaniard
Friday, January 13, 2006 11:41:00 AM
(threadjack on)

Marty, hope you got my e-mail yesterday.

(threadjack off- er, no pun intended)

THL
  • THL
  • Herf-A-Holic
Friday, January 13, 2006 11:45:00 AM
What a crock...
00camper
Friday, January 13, 2006 12:18:00 PM
Got it. Didn't want to bother you yet. Getting my CV together. You'll get an email from me over the weekend.
00camper
Friday, January 13, 2006 12:27:00 PM
THL,

A crock in what way? Just curious.

Even though I'm a conservative, I agree with Tey about some things political. For example, I too think the "war on drugs" is a colossal waste of time, money and even lives - both DEA agents killed in the line of duty, and the men and women locked in jail cells.

I agree with some of the other liberals on the forum on other issues, too. For example, even though I'm a Christian, I really think the federal government should be neutral on religion - I mean totally neutral. If there's no Christmas and no Easter, then there should be no Kwanzaa, no Day of the Dead, etc. The thought of a theocracy scares me.

JonR
Friday, January 13, 2006 5:13:00 PM
"This new right-wing Supreme Court"

Sweet music to my ears.

JonR

rugrunner
Friday, January 13, 2006 5:19:00 PM
Maybe Ginsburg will quit in disgust??? I really like the age of his choices. The left only wants left wing activist judges. Alito and Roberts will apply the constitution, not alter it. That Bums Rick out.
jackconrad
Friday, January 13, 2006 8:52:00 PM
Great just what we need another Lawyer in da Government. I nominate Pat Paulsen!