Sunday, September 11, 2005

Don't just roll over and play dead

It's disheartening to see how many true-blue, die-hard progressives are so willing to give up the fight on Roberts.

"He's going to be confirmed anyway," they shrug. "It could be worse," they theorize. "Maybe he'll move to the center when on the court," they hope, wistfully.

Here's the thing about Roberts -- we could do worse, but we could do better.

OK, fine, he's not a raving theocrat, and he is at least brighter than, say, Clarence Thomas (the guy who keeps deferring to What The Framers Intended, forgetting or ignoring that The Framers intended that guys like Clarence Thomas be counted as only three-fifths of a man)

But Roberts is staunchly right-wing and anti-choice. He's relatively young and apparently healthy. He'll have a long tenure on the Supremes, and a enormous impact on life in this country.

Why should he coast into such a powerful, influential job? Why not evaluate --publicly -- his background, his legal opinions, his personal beliefs, his loyalties, his aversions?

Because all of those elements will be part of every decision he makes on the Supreme Court. And every decision he makes on the Supreme Court will have an effect, one way or another, on our lives.

For the past 6 years the Democrats have been trained to roll over and play dead. And sometimes to beg.

But politically Bush right now is weaker than he's ever been. Why prop him up with the victory of a rubber-stamp confirmation on Roberts? That would just allow Bush to say "Hey, that was easy, now let's appoint a REAL conservative". And believe me, he's got some judges on his short-list who make Roberts look like a....a....moderate! (see, e.g. Washington Post list)

I'm not saying Roberts won't be confirmed. I'm just saying, there is strategic value to opposing his confirmation. Fight the good fight -- instead of just rolling over and playing dead.

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