More than the inability to influence Iraq policy or the President’s tax cuts, Chuck Schumer says that the single greatest failure of the Democrats as an opposition party was allowing Samuel Alito to join the Supreme Court.
“Judges are the most important,” said Mr. Schumer, who orchestrated the implausible Democratic takeover of the Senate last week. “One more justice would have made it a 5-4 conservative, hard-right majority for a long time. That won’t happen.”
There are some, like Fr. Martin
FOX, who think that American conservatives in general - (and myself, specifically) - have become too obsessed with the Supreme Court. That we have allowed our concerns about judicial activism to shift our focus to a more defensive approach. Fr. Martin is a big believer in the axiom that “The best defense is a good offense.”
And I can see what he’s saying, at least logically. But emotionally,
THIS sort of thing scares me to death. Even if one were to assume that the emphasis on today’s SCOTUS is excessive, Schumer’s comments are troubling. Because the “excessive” position doesn’t lead anyone to say that the SCOTUS fight is unimportant, just that it is less important than we think.
Being unable to nominate and approve judicially restrained judges is a huge setback for everyone, not just for us SCOTUS-worriers. Plus, I can’t get around one little fact in that football analogy. Indy and SC have proved the “good offense is best defense” point, but what if we don’t even have the ball? What then? How can we even get our offense going at that point.
That’s the situation right now, I think. Until we return SCOTUS (and judges in general) to their “interpret, don’t write” roots, we’re already on the defensive.
THIS doesn’t make me feel any better.
If the Republicans agree with the allocation to them of eight seats on that Committee, one present member will have to leave the Committee (unless there is no other change in membership on that side). One of their ten members in the last Congress, Sen. Mike DeWine, was defeated for reelection. The lowest member in seniority on the GOP side is Sen. Tom Coburn of Oklahoma, one of the panel’s — and the Senate’s — most conservative members.
Great. Schumer’s talking about stonewalling anyone I’d want to see on the Supreme Court, and Coburn’s on his way out. That is a very, very bad combination of events.
Of course, it’s not as though
THINGS are in great shape even now,
RIGHT? Welcome to the political future of the judiciary, at least for the next several years. Schumer likes to be in power, and he’s going to wield it as much as possible. Who can blame him, really?
(Fr. Martin makes one point in particular that deserves to be emphasized a bit more: we don’t even know if Roberts and Alito are going to vote with us. So I might be even more scared once this PBA ruling comes down.)