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Norman Solomon

Norman Solomon

Posted: May 10, 2010 05:06 AM

Kagan in Context: Shafting Progressive Values

What's Your Reaction:

If President Obama has his way, Elena Kagan will replace John Paul Stevens -- and the Supreme Court will move rightward. The nomination is very disturbing, especially because it's part of a pattern.

The White House is in the grip of conventional centrist wisdom. Grim results stretch from Afghanistan to the Gulf of Mexico to communities across the USA.

"It turns out, by the way, that oil rigs today generally don't cause spills," President Obama said in support of offshore oil drilling, less than three weeks before the April 20 blowout in the Gulf. "They are technologically very advanced."

On numerous policy fronts, such conformity to a centrist baseline has smothered hopes for moving this country in a progressive direction. Now, the president has taken a step that jeopardizes civil liberties and other basic constitutional principles.

"During the course of her Senate confirmation hearings as Solicitor General, Kagan explicitly endorsed the Bush administration's bogus category of 'enemy combatant,' whose implementation has been a war crime in its own right," University of Illinois law professor Francis Boyle noted last month. "Now, in her current job as U.S. Solicitor General, Kagan is quarterbacking the continuation of the Bush administration's illegal and unconstitutional positions in U.S. federal court litigation around the country, including in the U.S. Supreme Court."

Boyle added: "Kagan has said 'I love the Federalist Society.' This is a right-wing group; almost all of the Bush administration lawyers responsible for its war and torture memos are members of the Federalist Society."

The departing Justice Stevens was a defender of civil liberties. Unless the Senate refuses to approve Kagan for the Supreme Court, the nation's top court is very likely to become more hostile to civil liberties and less inclined to put limits on presidential power.

Here is yet another clear indication that progressives must mobilize to challenge the White House on matters of principle. Otherwise, history will judge us harshly -- and it should.

For more than 15 months, evidence has mounted that President Obama routinely combines progressive rhetoric with contrary actions. As one bad decision after another has emanated from the Oval Office, some progressives have favored denial -- even though, if the name "Bush" or "McCain" had been attached to the same presidential policies, the same progressives would have been screaming bloody murder.

But enabling bad policies, with silent acquiescence or anemic dissent, encourages more of them. At this point, progressive groups and individuals who pretend that Obama's policies merely need a few tweaks, or just suffer from a few anomalous deficiencies, are whistling past a political graveyard.

At the same time, with less than six months to go before Election Day, there are very real prospects of a big Republican victory that could shift majority control of Congress. Progressives have a huge stake in averting a GOP takeover on Capitol Hill.

The corporate-military centrism of the Obama administration has demoralized and demobilized the Democratic Party's largely progressive base -- the same base that swept Nancy Pelosi into the House Speaker's office and then Barack Obama into the White House. National polls now show Democrats to be much less enthusiastic about voting in November than their Republican counterparts.

The conventional political wisdom (about as accurate as the claim that "oil rigs today generally don't cause spills") is that when a Democratic president moves rightward, his party gains strength against Republicans. But Democrats reaped the whirlwind of that pseudo-logic in 1994 -- after President Clinton shafted much of the Democratic base by pushing through the corporate NAFTA trade pact against the wishes of labor, environmental and human-rights constituencies. That's how Newt Gingrich and other right-wing zealots got to run Congress starting in January 1995.

For progressives, giving the Obama administration one benefit of the doubt after another has not prevented matters from getting worse.

At the moment, U.S. troop levels are nearing 100,000 in Afghanistan.

Massive quantities of oil are belching into the Gulf of Mexico.

The White House has signaled de facto acceptance of a high unemployment rate for several more years, while offering weak GOP-lite countermeasures like tax breaks for businesses.

Nuclear power subsidies are getting powerful support from both ends of Pennsylvania Avenue, while meaningful action against global warming is nowhere in sight.

The Justice Department continues to backtrack on civil liberties.

And now, if the president's nomination of Elena Kagan is successful, the result will move the Supreme Court to the right.

Progressives should fight the Kagan nomination.

 
 
 
 
 
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11:34 AM on 05/11/2010
When was the last time the people of this country had a decision passed down in their favor and not the corporations? Seriously, it seems like many years.

I'm certain that things are not going to get better until we hit absolute rock bottom, so that everyone gets on the same page demanding more from our so-called 'leaders'. In the meantime we have people who are jumping ship from the Democrats to the Republicans. The fact that millions don't remember what the Republicans just did is clear proof we haven't hit bottom yet.

On the other hand, the sooner the Republicans get back the power, the more spectacular (and hopefully eye-opening) the crash will be.

It's like pulling out a big splinter--let's get it over as soon as possible so we can start fixing our country.
09:35 AM on 05/11/2010
Many of us were hoping that Obama would be a progressive president and we were wrong and we are probably wrong about just how strong progressives are in and outside of the democratic party. Obama and the people around him obviously feel that the progressives are a very small minority and that the votes are on the right. They believe they don't have to please this small minority because they have nowhere else to go and will always stay with the corporate democratic majority.
08:33 AM on 05/11/2010
Obama is not going to give us a progressive Supreme Court nominee because Obama is not a progressive. It is we, the progressive community, deperate to not get another triangulating corporatist like Clinton, that inputed and projected onto Obama progressive values of which he has very little. In reality, Obama is a corporatist.

He differs from Republicans only in that he believes that everything can be fixed with a little government regulation here and there to rein in the most extreme practices of our corporations. Other than that, Obama is willing to keep fighting the Bush wars, continue with the bloated defense budget, and cut back on entitlements and probably targeting Medicare and Social Security before his administration is through.

Environmental issues will get tough talk but short shrift from the man who thinks that more offshore drilling is just the ticket. Finally, by the end of the Obama term the Supreme Court and the country itself, will be much further to the right than it was when he became President.
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jmpurser
See My micro-bio
02:11 PM on 05/11/2010
Agreed. If you're to the left of Nixon it's time to wake up, face the facts, and start fighting the Obama administration and the Democratic party.
12:28 AM on 05/11/2010
It'll be interesting to see if any so-called liberal senators who rolled over and played dead on health "reform" actually have the guts to vote against this nominee.
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wonketteRAWKS
Hypocrisy is prevalent in BOTH parties!
08:11 PM on 05/10/2010
Once again Obama's decision is because it benefits Obama. Pro-Executive Powers. Check. Pro-Romneycare. Check.

Where else are the left going to go. Check.
04:54 PM on 05/10/2010
Interesting argument but I'm not so sure about Kagan being a rightist. From what I've read she's got enough to enfuriate the right: ...adamantly pro-Choice, pro-gay & lesbian rights, to begin with !

And while I've been appalled by some Obama administration wavering and poor decisions, I do very much feel on the same page as him on most things.

We progressives have our work cut out pulling Obama towards the left in a right-wing political environment, but when he is put by leftists in the same sack as BushCo, I draw the line.

Sotomayor, Health Care Reform, Nuclear disarmement, in his first year and a half? This IS a change.

America, as he's inherited it, is a hugely toxic mess, absolutely, but I don't believe there is a more intelligent, honest, hard-working head of state anywhere in the world right now.

I'm not giving him a free pass.
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09:34 PM on 05/10/2010
Sure you are.
02:22 AM on 05/11/2010
Name a better Head of State in the world right now.
We should just be proud of the fact there isn't one.
And do our work as citizens -which Norman Soloman is doing very well.
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jmpurser
See My micro-bio
02:13 PM on 05/11/2010
Yes, you're giving him a free pass. NOTHING will pull Obama to the left. Progressives can stop him or get run over by him.
04:39 PM on 05/11/2010
"stop him", "get run over by him"?
No progressive thinks or talks like that regarding Obama.
You're a neo-con teabagger troll (or a Larouche zombie).
04:02 PM on 05/10/2010
A depressing article, but very true.
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reasonshouldrule
03:44 PM on 05/10/2010
Mr. Solomon's piece here can be read as depressing to those of us who are liberal/progressive. However, there is little evidence about Kagan herself except a couple of snippets taken out of context. I'd like to know more actual facts about her. And although I'm uneasy, if President Obama thinks she would be good on the Court, I tend to think she is progressive rather than conservative.
03:44 PM on 05/10/2010
I take your points Beatrice, but the Black Republican franchise has degenerated from Edward Brooke
and Colin Powell to the buffoonery of Michael Steele. Obama missed his chance. The GOP will continue to be the White Power Party. The Dems will be reduced to trying to convince the MIC
that their asskissing is just as moist as the GOP's. Depressing really.
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Jmz4gtu
03:31 PM on 05/10/2010
Wow, for a supposedly optimistic movement, progressives sure seem to get discouraged and fatalistic in a hurry. To describe his government as "corporate-military centrism" is kind of ridiculous when you think about the two major bills that industry lobbied against pretty furiously. Yeah, there were compromises and deals, but that's the difference between idealism and reality.
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cliffstep
04:51 PM on 05/10/2010
Had to fan you , Jmz. A real , live Democrat.
I'm sure a percentage of the posters here actually believe what they're saying , but I also think there is a percentage here who just want to dirty-up Obama so Dems don't show up to vote.
It's the internet , right? I'm a tall , handsome , ripped holder of the Medal of Honor...you believe that , don't you?
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jcaunter
Profile: schizoid, INTJ, IQ145
02:36 PM on 05/10/2010
I supported Obama in 2008 and, and cried when I saw him elected in 2009. But now whenever I see Obama's face I feel a deep sense of melancholy and dread. He's doing the job that Reagan started of destroying this country, and the Kagan nomination is just the latest hole Obama's kicked into America's hull.

Yeah, we should fight Obama and the Kagan nomination just as hard as we ever fought Bush and his nominees/policies. I don't think it will do much good though; the American empire is about to crash after its decades long fall, and we all have seats in the bow for the event. Sayounara Amerika. It was nice knowing you.
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Jmz4gtu
02:25 PM on 05/10/2010
On Afghanistan, Obama has done EXACTLY what he said he would during the campaign. Progressives always deluded themselves into believing Obama was way more liberal than they ever had good reason to think.
I mean, what did you want him to do about the BP oil spill? Walk out there and part the Gulf of Mexico?
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jcaunter
Profile: schizoid, INTJ, IQ145
02:39 PM on 05/10/2010
How about not granting 27 safety waivers, similar to the one Deepwater Horizon got, after the explosion occurred on April 20. If that doesn't make you feel sick to your stomach about Obama, nothing will.

http://www.mcclatchydc.com/2010/05/07/93761/despite-spill-feds-still-giving.html
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Jmz4gtu
03:28 PM on 05/10/2010
The article you posted explicitly says that granting them exemption from research and study still didn't allow them to drill. The moratorium on offshore drilling remains in place. Some exemptions were granted because studies had already been done, or neither the site nor the equipment was new. It's a meaningless formality. You can't just infer things like "Obama is shilling out to the oil companies" from that article, no matter how much the author tries to make it seem like you can.
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jcaunter
Profile: schizoid, INTJ, IQ145
02:42 PM on 05/10/2010
I now believe that Obama only uses "compromise" as an excuse so his base won't go off the wall. In his heart of hearts though he's always had a burning desire to pander to the right.
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jcaunter
Profile: schizoid, INTJ, IQ145
02:45 PM on 05/10/2010
Sorry, meant for the post below. I'm feeling to melancholic to pay attention today.
02:23 PM on 05/10/2010
I, like a lot of other Americans, was under the impression that the Democrats were better at knowing right from wrong. I was also under the delusion that Dems would be far less under the influence of the Corporations. In both cases, I was mistaken. Obama has taken the attitude that the way to suceed is through Compromise instead of through good, firm, Leadership. After all of his compromise and pandering to the Right, he still has not learned to exert Leadership in the direction of right instead of the Right-Wing. For some reason I expected him to be a much faster learner.
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LMPE
I connect the most dissimilar things
02:20 PM on 05/10/2010
If this continues, the US just might be doomed to go the way of the USSR.
03:21 PM on 05/10/2010
Not 'might', 'is'.
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LynnW49
"A great democracy must be progressive." TR
02:12 PM on 05/10/2010
"For more than 15 months, evidence has mounted that President Obama routinely combines progressive rhetoric with contrary actions. As one bad decision after another has emanated from the Oval Office, some progressives have favored denial -- even though, if the name 'Bush' or 'McCain' had been attached to the same presidential policies, the same progressives would have been screaming bloody murder."

Exactly right.
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09:25 PM on 05/10/2010
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