John Roberts sailed through his confirmation hearings as the new Chief Justice of the Supreme Court, with enthusiastic Republican support, and a few weak mutterings of opposition by the Democrats. Then, after the far right deemed Harriet Miers insufficiently doctrinaire, Bush nominated arch conservative Samuel Alito to replace Sandra Day O'Connor. This has caused a certain consternation among people we affectionately term "the left."
I can understand that sinking feeling. Even listening to pieces of Roberts's confirmation hearings was enough to induce despair: the joking with the candidate, the obvious signs that, whether Democrats or Republicans, these are all members of the same exclusive club. Roberts's proper "credentials," his "nice guy" demeanor, his insistence to the Judiciary Committee that he is not an "ideologue" (can you imagine anyone, even Robert Bork or Dick Cheney, admitting that he is an "ideologue"?) were clearly more important than his views on equality, justice, the rights of defendants, the war powers of the President.
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Let us not be disconsolate over the increasing control of the court system by the right wing.
The courts have never been on the side of justice, only moving a few degrees one way or the other, unless pushed by the people. Those words engraved in the marble of the Supreme Court, "Equal Justice Before the Law," have always been a sham.
No Supreme Court, liberal or conservative, will stop the war in Iraq, or redistribute the wealth of this country, or establish free medical care for every human being. Such fundamental change will depend, the experience of the past suggests, on the actions of an aroused citizenry, demanding that the promise of the Declaration of Independence--an equal right to life, liberty, and the pursuit of happiness--be fulfilled.
http://progressive.org/mag_zinn1105