Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

2016 Postmortem

Showing Original Post only (View all)

DonViejo

(60,536 posts)
Tue Jul 1, 2014, 11:26 AM Jul 2014

Only Eight Years of President Hillary Can Take the Supreme Court Away From Conservatives [View all]

Michael Tomasky

There will be more Hobby Lobbies and Citizens United if Democrats don’t get a lock on the White House and pack the bench for a generation.


We learned a lot about this Supreme Court on Monday. For one thing, its conservative majority thinks that a for-profit company selling plastic flowers is legally the same thing as a religious nonprofit doing charity work in accordance with its scriptural beliefs. But I really mean we’ve learned about the Court’s modus operandi, and it portends terrible things for the future unless that conservative majority is reduced to a minority. I say to despairing liberals today: It can be so reduced, and all of this judicial activism—all of this legislating from the bench—can be overturned.

It’s clear now across a number of legal areas that the Court’s conservatives pick their spots very carefully. They’re playing the long game. They’re like a lion toying with a captured springbok. You’ve seen it on the Discovery channel: The lion captures the prey and toys with it for a while—minutes on TV, but in real life sometimes hours—before actually consummating the kill.

So it has been with the conservative majority. Across numerous areas, from abortion rights to affirmative action to voting rights to campaign finance to school desegregation, the Court’s majority, whether led by William Rehnquist or John Roberts, has generally taken things kind of slow. A decision here will chip away at that particular right, a decision there will roll the clock back a few years but only a few. The result has been a bit of a paradox: a majority that is decidedly radical in its aims but a bit gradualist in its methods.

Voting rights provides perhaps the best example. In a 2009 case, the Roberts Court upheld the Voting Rights Act by 8-1 (Who are you thinking the “1” was? Prize if you guessed Clarence Thomas.) Roberts, writing for the majority, noted then the Court was ducking for the time being the big questions of constitutionality: “Whether conditions [faced by black voters in covered jurisdictions] continue to justify such legislation is a difficult constitutional question we do not answer today.” Four years later, of course, the majority sunk its great canine teeth right into the Act’s neck, in Shelby County v. Holder.

more
http://www.thedailybeast.com/articles/2014/06/30/only-eight-years-of-president-hillary-can-take-the-supreme-court-away-from-conservatives.html
56 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
This is a two fold problem. We need to elect Democrats in many places Thinkingabout Jul 2014 #1
This is why so many of us were angry about 2010. Forget Obama. So much progress Liberal_Stalwart71 Jul 2014 #18
I hear you! BlueDemKev Jul 2014 #44
Bingo! This Should Be Goal No. 1 Stallion Jul 2014 #2
Is a six-pound robin FAT? BlueDemKev Jul 2014 #45
I don't give a monkey's who our nominee is: I'll vote for him/her. riqster Jul 2014 #3
Sadly, this is where I'm at. Xyzse Jul 2014 #4
Me too!! Sunlei Jul 2014 #14
Hear, hear!!! Beacool Jul 2014 #22
Love cheese logs, specially aged extra sharp cheddar. Got my vote! InAbLuEsTaTe Jul 2014 #51
Love cheese logs, specially aged extra sharp cheddar. Got my vote! InAbLuEsTaTe Jul 2014 #52
Hillary Clinton is a Bilderberger AND she is the MAIN architect of the TPP! She will Welibs Jul 2014 #5
Bilderberger? JustAnotherGen Jul 2014 #6
No silly. We are to just assume that vague terms are valid reasons to not vote for Hillary LynneSin Jul 2014 #8
You caught me JustAnotherGen Jul 2014 #9
If I gave you a good laugh then my mission is complete LynneSin Jul 2014 #10
When I'm naughty JustAnotherGen Jul 2014 #16
Oh you two! juajen Jul 2014 #38
And republicans are better, how, exactly? riqster Jul 2014 #21
here comes one now VanillaRhapsody Jul 2014 #26
I don't see Mrs Clintons name anywhere in either TTIP or TPP works, where is it? Sunlei Jul 2014 #28
To be honest that is the same that could be said for just about any Democrat out there LynneSin Jul 2014 #7
I don't think he would, not as long as there are enough moderates and liberals in Liberal_Stalwart71 Jul 2014 #15
Manchin has very little appeal outside of West Virginia however... LynneSin Jul 2014 #19
I can't see a conservative Democrat (from Joe Manchin's cloth) getting the party's nomination. BlueDemKev Jul 2014 #46
Oh I agree LynneSin Jul 2014 #48
Keep in mind where Manchin is from... BlueDemKev Jul 2014 #49
It is my dream that one day President Obama is on the Supreme Court. Sunlei Jul 2014 #11
Yes!!!!!!!! Liberal_Stalwart71 Jul 2014 #13
That does sound good. riqster Jul 2014 #17
Can you imagine the righties heads exploding? MillennialDem Jul 2014 #25
You mean surveillance state, education deform, free trade loving, jail the whistleblowers, give TheKentuckian Jul 2014 #42
I'd think his wife would be better, if you feel the need for an Obama. Erich Bloodaxe BSN Jul 2014 #54
Hillary Clinton or ANY Democrat in White House. I don't care who it is. As long as he/she Liberal_Stalwart71 Jul 2014 #12
Amen and Alleluia LynneSin Jul 2014 #20
k/r Dawson Leery Jul 2014 #23
If Hillary or any dem is elected in 2016, Scalia and Kennedy will turn 84 during the last year of MillennialDem Jul 2014 #24
I doubt it Cosmocat Jul 2014 #35
There is a relatively high chance (probably close to 50/50) that one of the two will die in the next MillennialDem Jul 2014 #36
Gotta disagree Cosmocat Jul 2014 #37
I'll somewhat buy the argument that they get better healthcare than us plebs, but the math says MillennialDem Jul 2014 #39
eh Cosmocat Jul 2014 #40
You can't really argue with math and statistics. MillennialDem Jul 2014 #41
Heck for many reasons I want a Democratic President in 2016 yeoman6987 Jul 2014 #53
Yep. We'd be screwed. She should step down for someone younger in 2015 MillennialDem Jul 2014 #55
i will vote which ever Dem will kick Republican ass. VanillaRhapsody Jul 2014 #27
More rah rah only Hillary can save us davidpdx Jul 2014 #29
the pure candidate CTyankee Jul 2014 #31
What is a BMT? davidpdx Jul 2014 #32
a subway line in NYC from back in the day when I lived there...I think it stood for Brooklyn CTyankee Jul 2014 #33
The price of public transportation has gone up on Portland have gone up quite a bit davidpdx Jul 2014 #34
SCOTUS Modus Operandi Unashamed Liberal Jul 2014 #30
We aren't going to get equally liberal to Ginsberg. We didn't get equal to Stephens or even Souter TheKentuckian Jul 2014 #43
Hillary will be a bigger capitulator than her husband, Hillary is pure corporate conservative. Todays_Illusion Jul 2014 #47
Even THAT may not be enough. BlueDemKev Jul 2014 #50
Very good point. The SCOTUS trumps all. DCBob Jul 2014 #56
Latest Discussions»Retired Forums»2016 Postmortem»Only Eight Years of Presi...»Reply #0