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Jacob Heilbrunn

Jacob Heilbrunn

Posted: April 9, 2010 03:02 PM

Obama's Supreme Decision

What's Your Reaction:

The resignation of Justice John Paul Stevens has set in motion a new round of "who will Obama's pick be"? It's more than a little distasteful to watch Republicans such as Senator Orrin Hatch trotting out their usual claptrap about an activist judge being unacceptable, when it is precisely activists that they have sedulously sought to place on the Supreme Court in the past several decades, as long as they hew to conservative views. They have an original view, you could say, of originalism, the doctrine that they purport to champion, which serves, in reality, as a smokescreen for smuggling in their own radical views about corporations and the like.

Obama himself will undoubtedly come up with a moderate pick, one that the GOP will work overtime to depict as some kind of nefarious radical. But in some ways, it doesn't even matter all that much whom he chooses, as heretical as that may sound. The more important part is that he's the one doing the choosing. In watching all the criticism of Obama over the past year, I've begun to think that it would be a valuable thought experiment to imagine what the United States would look like had John McCain and Sarah Palin won the election. We'd probably be at war with Iran, among other things. The economy would be in total shambles. And the Supreme Court? It would be hosting two more Alito clones, handpicked by McCain. Stevens' own career -- first Richard Nixon, then Gerald Ford promoted him -- demonstrates how far the GOP has shifted to the right.

No, this isn't a reason to let Obama off the hook when it comes to his policies and personnel. But I'm just saying that Stevens' resignation offers a reminder of why it's a very good thing that Obama is making the supreme decisions about America's future. And Stevens, who has expressed his admiration for Obama, obviously agrees or he wouldn't be stepping down. Now Obama must step up to the challenge of guiding his next pick safely to the court.

 
 
 
 
 
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12:10 AM on 04/11/2010
in case you haven't noticed, Even after trillions of dollars from TARP, The Stimulus Act, PIPP, TALF,
Maiden I, Maiden II and Maiden III, AIG Bailout, AUTO Bailout along with two Job bills totaling

SEVERAL Trillion Dollars

We are STILL Losing Jobs?

How many Trillions does it take to Fix America?

More apparently the way this Administration keeps giving YOUR tax money away to Foreign Banks/Nations
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11:48 AM on 04/11/2010
Ah. at the end of the original King Kong, Carl Denham states "twas Beauty killed the Beast". W. is no "Beauty", but twas W. Killed the American Economy & Bankrupted the nation.

We were Bankrupt before W. left office.

Obama is no FDR, but W. is no Herbert Hoover, he was FAR worse, the worst we ever had.
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wethepeople3884
09:13 PM on 04/10/2010
The left needs to hope that the modete conservative obama picks eventually becomes the leader of the "left" on the court in a few decades like stevens has. This country is a joke - moderates of 50 years ago are the radicals of today. I could put obama's domestic policies side by side next to eisenhower or nixon and I doubt obama would look any more progressive than the former two. Obama's foreign polcies are more reminiscent of a cross between bush and reagan than JFK before him. The idea of cutting the nuclear arsenal by a third and starting a nuclear arms reduction treaty with Russia was exactly the idea of reagan that obama is touting as his own. Bush began the war in afghanistan which obama has since dramatically escalated, moved to include multiple countries and switched the mission from defeating al queda to defeat the taliban and rebuilding the entire country to be a democratic state with a corrupt government, not like karzai is any more corrupt than the american government.
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wethepeople3884
09:07 PM on 04/10/2010
Yea, Im sure the conservatives on the court are not activists. They most certainly stick to the text of the constitution that says all corporations are US citizens and should have the rights of people. And the constitution that says free speech is donating enormous amounts of profit to whatever candidate offers you the best tax breaks. If that was in our constitution, they wouldn't be activists at all.
08:28 PM on 04/10/2010
The GOP will say that anyone appointed is too liberal for them. We could even see a filibuster or threat of a filibuster, if Obama appoints someone too left wing.

One question is whether Obama and his boys have the stomach for a major confirmation battle. The more liberal/radical the choice, the more the GOP will fight. Sad to say, Democrats have been guilty of this kind of crap in the past. Remember the Robert Bork and Clarence Thomas hearings? If we're intellectually honest, we can't be surprised if conservatives fight a radical choice.

How many of you really believed Ted Kennedy's rant that black would have to go to the back of the bus and return to segregation if Robert Bork had been confirmed?

Payback is a beach. I hope Obama doesn't go the radical/leftist route in his choice.
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10:34 PM on 04/10/2010
You are correct. He should go middle of the road like W. did with Roberts & Alito. They goose step every bit as well as Thomas & the best stepper of all...Scalia. The Thugs will filibuster anyone. They have filibustered everything, why would any nominee aside from a clone of Scalia be expected not to be filibustered. It will only get worse after the Dims lose more seats in November.
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03:27 PM on 04/10/2010
The Thugs will fillibuster anyone who is not up to their miniumfascistrequirements.
10:00 AM on 04/10/2010
According to reporters from the huffington post Kagan is the favorite to be the nominee and she has supported the worse abuses of Bush's regime. She is a disgrace and I hope people will make it clear to the white house that such a person is unacceptable.
11:17 AM on 04/10/2010
Precisely. And according to this author "it doesn't matter."

Please rise for our corporate anthem.
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Pumpsie
05:20 PM on 04/10/2010
I agree with you guys (Countess and reddflagg). This writer is peddling total nonsense. It doesn't matter what Obama does, as long as he's doing it? THAT'S the argument? Replacing Stevens with Kagan is just another pretty big step to the Right for a Court that's already way off the map on the Right. And we're all supposed to be happy about this? Progressives need their own Party. The centrist-right corporatist liberals stink to high heaven.
09:37 AM on 04/10/2010
Doesn't matter. Republi-cons starting threatening to filibuster before they even knew who was on his list. If Obama is for it, they're against it, even it it's someone they might actually like.
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03:21 PM on 04/11/2010
The most pathetic fact of all is the sheer number of people in this country who support Thug obstructionism. Unfortunately, the average American is no more intelligent than the average cow or sheep which willingly walks into the slaughterhouse. How can any argue we deserve better? We are proof of the old adage, the sins we so happily commit two by two we pay for one by one. Same applies to the tights & liberties we so obligingly & blindly throw away.

The neocons won & America lost.
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Mister Biggles
08:28 AM on 04/10/2010
I have no doubt that Obama will allow the court to shift further to the right out of political expediency that will ironically not be any more expedient.

The right will paint whomever as a Stalinist anyway, we might as well get a real progressive in there.
07:45 AM on 04/10/2010
He should pick a white, male, Protestant, since Stevens is the last and only one.
09:32 AM on 04/10/2010
And . . .?
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Joe Tucker
Concerned citizen
09:46 PM on 04/10/2010
If he picks a Muslim then there will be one Muslim, two Jews and six Catholics.
07:40 AM on 04/10/2010
Jonathan Turley is a very serious person and he is warning about the dangers of appointing Kagan who agrees with much of the Bush justice department decisions which so undermined human rights.
tavote08
IN IT TO WIN IT... 1 4 ALL N ALL 4 1
05:31 AM on 04/10/2010
President Obama may not be able to satisfy all these folks and their far fetching ambitious, but in my book if no one is happy he must be doing something right. I say screw the right and the left, make decisions based on what is in the best interest of this country as a whole.

I'm so sick of people BIT ching about what OBAMA HASN'T DONE... If you're not happy vote Republican from now on, you deserve just what you get, short memories and all... Anyone that put him in the same category as Bush must have slept thru the past 8 years, I mean really how assinine can you be???? Fool's gold is for fools and anyone that believe Obama was going to savee the world is just that a fool; it's one thing to campaign and another to governs, just alittle common sense...
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02:23 AM on 04/10/2010
I don't want hear even once more about how Obama not being McCain/Bush is somehow supposed to translate into some sort of achievement.

Obama has utterly betrayed progressives world wide (those fool enought to have been suckered in the first place) and will take his place beside Bush as the worst 1-2 punch in Presidential history.
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davidword
davidword
04:11 AM on 04/10/2010
Amen
The lesser of two evils is...
EVIL
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bighat
Truth as I see it
01:07 AM on 04/10/2010
Ask the nominees this question

Do you believe a corporation should have the same rights as a person.

If they answer no let the process continue
07:36 AM on 04/10/2010
ask the nominee this question,
do you think it's hypocrisy to take campaign donations from corporations in private, then demonize the same corporations in public.
if they answer no, let the games begin.
09:52 PM on 04/09/2010
More sanity on Huffpo! Looks like I picked a good night to come back in for a look-see.

Thanks for posting, you have my enthusiastic agreement.
07:49 PM on 04/09/2010
Well said, I absolutely agree.

Politics is about compromise, negotiation, and discussion. Those on the left who are complaining about "conservative decisions" by Obama are no different than the tea baggers, except maybe without the violent Neanderthal tendencies. As the President said when he won the election: he is the president of all of America.

And if you disagree with that, just stay home and don't vote. But don't blame anyone but yourself when someone like McCain gets elected.
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Jeffrey Lamkin
08:24 PM on 04/09/2010
Leadership is about stating your values clearly and convincing people that you're right.

I'll take Leadership over Politics any day of the week.
09:55 PM on 04/09/2010
So would we all. Alas, this is America, and the president must contend with the political realities of a divided country while demonstrating the leadership to get things done, rather than to promote any ideology.

He's doing exceptionally well, and I'm proud to have voted for him.
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Jeffrey Lamkin