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A McCain-Palin Supreme Court Would Be Disastrous


If John McCain is elected President on November 4th, Sarah Palin, as Vice President, is certain to push for the appointment of federal judges, including justices of the United States Supreme Court, who share her political ideology. It is entirely appropriate, therefore, for us to review what we actually know about her views, over and above the fact that she was for the bridge to nowhere before she was against it.

Governor Palin is a radical right-wing Republican whose social philosophy is rooted in her fundamentalist Christian religiosity. She opposes abortion in all cases except when the life of the mother is at risk; she promotes "abstinence-only" programs, rather than broader sex education, as the way to prevent pre-marital teen pregnancies; she thinks that "creationism," also known as "intelligent design," should be taught in public schools alongside evolution ("I am a proponent of teaching both," she said in a televised 2006 gubernatorial debate); according to her response on a questionnaire from the far-right Eagle Forum while she was running for governor of Alaska two years ago, she believes that parents should be able to opt-out their children from curricula, books, and classes that do not conform to their religious beliefs because "parents should have the ultimate control over what their children are taught;" as recently as August 2008, she said that she does not believe that global warming is "man-made;" she has described the proposed construction of a $30 billion Alaska pipeline as "God's will," and the Iraq war as "a task that is from God;" she opposes spousal benefits for state employees in same-sex relationships; she opposes stem-cell research; she has opposed measures to protect endangered species such as polar bears and beluga whales; she has opposed expanding hate-crime legislation in Alaska; and she believes that the phrase "under God," added to the Pledge of Allegiance in 1954, was "good enough for the founding fathers."

The 2008 Republican Party Platform is, at its core, homophobic and calls for a constitutional amendment that would prohibit same-sex marriages. Sarah Palin is on record as going even further when she declared in her response to the 2006 Eagle Forum survey that she opposes the Alaska Supreme Court's ruling that spousal benefits for state employees should be given to same-sex couples because "I believe spousal benefits are reserved for married citizens as defined in our constitution."

There is precedent for such an ill-conceived proposed amendment to "protect marriage." In 1912, Rep. Seaborn Roddenberry, D-Ga., introduced a constitutional amendment to prohibit interracial marriages, declaring that "intermarriage between whites and blacks is repulsive and averse to every sentiment of pure American spirit. It is abhorrent and repugnant." We must never lose sight of the fact that divisive rhetoric and demagoguery have consequences. The delegitimization or demonization of any group threatens our society as a whole. Any muddying of the separation of church and state encroaches on the religious liberty now enjoyed by all Americans. Unlike most European countries, the United States has never had an established church or religion, and most Americans like it that way just fine. "The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate," wrote James Madison in 1785 in his Memorial and Remonstrance Against Religious Assessments.

Generations of immigrants, my parents and I among them, came to these shores "yearning to breathe free," and Emma Lazarus' poem engraved on the Statue of Liberty does not bestow this privilege exclusively on "your Christian tired, your heterosexual poor, your huddled pro-life masses."

The next President will most probably fill several Supreme Court vacancies. Even before selecting Governor Palin to be his running mate, Senator McCain assured Pastor Rick Warren at the Saddleback Church forum on August 16th that he would not appoint justices like Stephen Breyer, David Souter, Ruth Bader Ginsburg or John Paul Stevens - two of whom, incidentally were named to the Court by Republican presidents. That leaves little to the imagination. In a McCain administration, only the likes of Antonin Scalia, Samuel Alito or Clarence Thomas, who would eviscerate and strive to completely overturn Roe v. Wade, need apply. And if Governor Palin has any say in the matter, or if she ends up actually making the appointments, even a conservative jurist such as Justice Anthony Kennedy is likely to be disqualified as insufficiently extreme.

Four years ago, many of us were concerned that a re-elected George W. Bush would push the Supreme Court further and further to the right. Our fears turned out to be well-founded. Chief Justice John Roberts and Justice Alito will certainly sit on the Court for many, many years, as will Justices Scalia and Thomas. The Reagan-appointed Justice Kennedy, no liberal by any stretch of the term, is now the swing vote and the object of conservative ire. If John McCain or, even worse, Sarah Palin appoints the next several justices, their repressive, regressive worldview will shape our nation's future regardless of what the American electorate may decide four, eight or even twelve years from now.

I can't think of a more compelling reason to vote for Barack Obama and Joe Biden.

Menachem Rosensaft is a lawyer in New York City

If John McCain is elected President on November 4th, Sarah Palin, as Vice President, is certain to push for the appointment of federal judges, including justices of the United States Supreme Court, wh...
If John McCain is elected President on November 4th, Sarah Palin, as Vice President, is certain to push for the appointment of federal judges, including justices of the United States Supreme Court, wh...
 
 
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01:11 PM on 09/11/2008
While I am absolutely on board about defending the Bill of Rights, whether it the fight to make sure that FISA or the Patriot act are written very narrowly to attack terrorism while protecting rights, or protecting the right of a woman to have an abortion, I have never understood why the same people that are making the most noise about how FISA, the Patriot Act and any limits on abortion are unacceptable violations of their rights are the same ones that are shouting the loudest about how law abiding citizens MUST NOT BE ALLOWED to own any firearms.
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legalclubs
04:12 PM on 09/10/2008
7 of the 9 judges on the Supreme Court are Republican appointees and the world has not ended. Let me let you in on a secret....conservative judges are conservative jurists, which means they philosophically respect prior existing legal precedent. This is why even though the Republican Presidential picks hold 7 of 9 Supreme Court seats that abortion is still legal, race based preferences (i.e. affirmative action) are stil permitted, and the multitude of other things that left wing commentators claim would happed, never happened.
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11:48 PM on 09/10/2008
You may be correct in your assessment of conservative judges being conservative jurists, however when the court has time and again shown deep division on a multitude of issues how are we to know appointees of McCain or Palin will demonstrate equal discretion in carrying out their duties? So much of this debate has focused on Roe v Wade but I wonder about the broader implications of an ultraconservative court. When government promotes agendas based on one segment of society's desire for control, what happens to the rest of us? It's called tyranny and oppression, a great recipe for having everything we've fought and died for blow up in our face.
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legalclubs
02:29 PM on 09/11/2008
You can only make rational predictions regarding the future behavior of the court based on their past actions. Even if all 9 of the Justices are Republican appointees you can expect that the court will continue -- as it does now with 7 of 9 being Republican appointees -- to prevent tyranny and oppression just as they have done in the past and are doing now. Remember that people involved in politics almost all universally love their country and try to do what's right in their opinion. We just have different opinions on certain subjects. However, there is broad agreement on 95% of what really matters.
02:55 PM on 09/10/2008
One area I do trust Palin more than I do Obama/Biden is on the Second Amendment--especialy since Obama and BIden support laws that are unconstitutional under either Heller or Miller or both,
02:21 PM on 09/10/2008
Of course no rich republican children will have to head to a back alley for an abortion. CAN YOU SAY 4 MONTHS, 3 WEEKS, 2 DAYS? Watch it and weep, for it is where this country is heading.
02:12 PM on 09/10/2008
Roe vs. Wade is on life support and McCain and Palin are ready and willing to pull the plug. Women should bear this in mind. We are just one justice away from it being overturned. Just because abortion has been legal for the last 40 years, does not guarantee it will be in the future. Examine the rulings on abortion over the last 20 years. The Right has steadily and inexorably eroded that right to the point where in some states, a woman for all intents and purposes cannot find a physician or clinic that will perform abortions. Several justices are in their 80's and I guarantee will be leaving the court this next election cycle. And don't rely on a Democratic Congress to stop this regression. The go along to get along attitude will be a big factor in an attempt to avoid the veto pen. There will not be enough Dems in the Congress to override a McCain veto. Some Dems will vote for reactionary and unqualified candidate--anyone remember Clarence Thomas? But for one Democratic senator, this jerk would be in some high priced lobbyist instead of one of worst Supreme Court justices in history. So women, tell me, do you feel lucky?
02:11 PM on 09/10/2008
If there is one issue that McCain and Palin would target upon seizing the White House, it is abortion. They see it as state sponsored murder.

McCain wants Roe v. Wade overturned except in cases of rape and incest.

Sarah Palin makes zero exceptions. She said "I believe that no matter what mistakes we make as a society, we cannot condone ending an innocent's life" or defend "the atrocity of abortion."

In effect, women would lose some rights.

Palin is every sexist man's wet dream: She has done nothing to curb rape and incest in Alaska, a state that has the highest percentage of such crimes in the nation. She says and does EXACTLY what her Republican handlers ask her to do (without deviating from the script) and does it with a smile.

And, if you really hate women, here is a physically attractive former beauty contestant that is popular with most women despite her desire to take some of their rights away!

With Sarah, not only does the rapist get to destroy the woman's life, but in 25% of the cases, the woman or teenager MUST give birth to his child. She's the ultimate Stepford Wife, the perfect token for the worst sexist males.

If elected, will many men follow McCain's lead and promote other Sarah Palin's in the business world? If I were a different kind of man, I would. McCain makes it acceptable.

Somewhere in America, Phyllis Schlafly is laughing hysterically!
02:01 PM on 09/10/2008
On one level, I agree that it would be disastrous, but on another, maybe it is exactly what we need. Maybe we need "disastrous" to get Americans to wake up and start voting for their economic interests and individual liberties. Maybe 1% of the population in jail isn't enough. Maybe it will take 2 or 3% for people to wake up and see we've become a police state. Maybe some disasters in women's lives when legal abortion is taken away is what it will take for women to appreciate the freedom of choice they have today. Apparently we need real disaster; why else would people be chattering about pigs and lipstick?
01:52 PM on 09/10/2008
But there' very litte chance a President McCain could get constitutional judges approved by an even more Democratic congress. And as Souter shows, predicting what a judge will do once appointed is difficult to predict.

Mostly what Roberts and Alito have done so far is support big business. I don't expect an Obama appointee to be a lot different.
01:12 PM on 09/10/2008
Wait, I thought that the Bush administration was going to ruin the judicial branch. Last time I checked, abortion is still legal, but the government can take your house to put up condos.
12:58 PM on 09/10/2008
Appointing Justices who read the constitution for what it says and not what they want it to say would be disastrous? It is more disastrous to have judges write laws and legislate from the bench without any public debate or input. Yes it would be disastrous to the left. What the left can not pass into law through congress they write into law by liberal judges.
12:52 PM on 09/10/2008
I must add to my last post, kiss any minimum wage laws goodbye, and watch for more companies to hire on a contract basis, which means no benefits, and you will be responsible for obtaining your own health coverage. Also watch for the elimination of any unemployment compensation. I did hear of the repubs passing around petitions to eliminate unemployment compensation at their convention. Let's not even get into what would happen to labor unions, it ain't pretty.
12:49 PM on 09/10/2008
Who will run on western secession?

The next legitimate gubernatorial candidate who runs on a secular state which may split off from the US will likely have me as a citizen, and will be getting my vote when I'm eligible. It is coming, make no mistake. Why would the coasts, which make most of the money in our nation, continue to pay for policies they don't support? Look at the electoral map. This is just a continuation of the Civil War.

To those that feel that this is just the latest in a turbulent US history I would disagree. The stakes have NEVER been higher. With the global population exploding, the energy crisis, the military crisis, the financial crisis, the environmental crisis, and the ever shrinking US news media, and the theocratic element of America gaining increasing political support we are in position to implode like never before

America is a rapidly approaching train wreck.
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jeanrenoir
12:48 PM on 09/10/2008
You're obviously right, but is this supposed to be news? The polls show clearly that a majority of the idiotic American mob WANTS a disastrous theocratic fascist Supreme Court. Of COURSE this will be the end of the secular America liberals have always fought for, just as most of the mob want. Please get it through your head: liberal America is making it's Little Big Horn last stand with Obama in November. The dumb American proto-fascist mob is clearly telling us through the polls that even though they hated the Iraq War and have hated the Bush economy too, they can hardly wait for Palin-McCain to come to DC to destroy liberalism as we have known it, and especially feminism, FROM DAY 1. Abortion rights will simply be the first thing to go as we slide into the Jesus state the Jewish neocons, like Lieberman, who are truly financing and running McCain's campaign, want to turn America into, the better to fight holy wars for Likud Israel, so Likud won't have to, starting in Iran. There's nothing the neocons love more than conservative American Catholics and Evangelicals, who're just as much up for "crusades" against the Muslim Infidel as Likud is.
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12:47 PM on 09/10/2008
Abortion is the big ticket item at the moment but what about other personal freedoms? One day we could be told that voicing an un-flattering opinion of the President is treason. The first case of this will surely run thru our court system all the way up to the SC. If the justices in there are Right wing extremists then that is the new law of the land.

Or if Big Oil/Pharma/Food/Industry dumps waste into the water (More than they already do) and someone calls them on it. It will go thru the courts up to the SC. And if the court says, as long at it doesn’t affect my friends it is Ok. Then it is Ok. Same for Workers Rights or Consumer Rights, everything that is reasonable could and more than likely would go out the window. Equal, Fair and Safe would never apply again.
12:42 PM on 09/10/2008
I think you need to speak to labor issues as well as what you have already stated. Have no doubt that every state will be "at will", in other words, if you make $60,000 a year, and your employer finds a college kid that will do it for $45,000, you will be out. Of course, companies in "at will states" are doing this covertly right now, but it will become above board. An employer will also be able to fire you for being openly gay, or if they do not like your politics, they can just say you are gay, and out you go. I think the abortion and state/religion issues are important, but are emotionally based issues promoted to appeal to their base. The real meat is what a Palin supreme court will do to working families, labor and employment law.