Every four years, presidential candidates try to tell us that the stakes are incredibly high--that this is the most important election of our lifetimes. You're probably sick of hearing that. I know I am. But this year, it might actually be true--at least from the perspective of civil liberties.
The Supreme Court, which has been moving gradually to the right for 30 years, is now divided 4-4-1 with a four-justice activist conservative bloc (ambiguously interested in overturning rulings from Roe v. Wade to Miranda v. Arizona to Brown v. Board of Education), a four-justice bloc that is about as liberal as the Warren Burger Court, and one center-right justice (Anthony Kennedy) who has the power to create 5-4 majorities. The only remaining justice appointed during Chief Justice Warren Burger's tenure--John Paul Stevens--is currently pushing 90. If John McCain chooses his replacement, we could be looking at a 5-3-1 split--and by the time we see another presidential election, civil rights law as we know it may cease to exist.
Imagine a country where, instead of debating affirmative action, we're debating busing again; where, instead of debating bans on abortion, we're debating bans on birth control again; where, instead of debating same-sex marriage, we're fighting a new wave of laws criminalizing gay sex again. Imagine a country where state supreme court buildings boast their commitment to enforcing the Ten Commandments, where police officers no longer need to read suspects their rights, where 15-year-olds can still be executed. Imagine a country where sedition is once again criminalized, and any person can be designated an enemy combatant and locked away for life without trial.
Depending on where Alito and Roberts stand on the civil liberties issues we face (and nobody knows yet), we could be one one or two new justices away from creating that country.
I would say I don't mean to scare you, but that'd be a lie. I mean to terrify you. Because all of these possibilities are very real--not inevitable, but very real--dangers of a Supreme Court shaped by a McCain administration. These are risks we can't afford to take.
There are many other good reasons for civil libertarians to vote for Barack Obama. There are even a few good reasons for civil libertarians to vote for John McCain. But all of these reasons should turn into ash in our mouths when we look at the Supreme Court and the potential of losing so many of the safeguards that our judiciary branch has provided.
It isn't a tough call. Everyone who values the past 50 years of Supreme Court precedents should show up to vote for Barack Obama on November 4th. He won't be a perfect president, but at this point we don't need a perfect president. We just need a Supreme Court that still works.
Related: John McCain on Civil Liberties | Barack Obama on Civil Liberties
The Supreme Court, which has been moving gradually to the right for 30 years, is now divided 4-4-1 with a four-justice activist conservative bloc (ambiguously interested in overturning rulings from Roe v. Wade to Miranda v. Arizona to Brown v. Board of Education), a four-justice bloc that is about as liberal as the Warren Burger Court, and one center-right justice (Anthony Kennedy) who has the power to create 5-4 majorities. The only remaining justice appointed during Chief Justice Warren Burger's tenure--John Paul Stevens--is currently pushing 90. If John McCain chooses his replacement, we could be looking at a 5-3-1 split--and by the time we see another presidential election, civil rights law as we know it may cease to exist.
Imagine a country where, instead of debating affirmative action, we're debating busing again; where, instead of debating bans on abortion, we're debating bans on birth control again; where, instead of debating same-sex marriage, we're fighting a new wave of laws criminalizing gay sex again. Imagine a country where state supreme court buildings boast their commitment to enforcing the Ten Commandments, where police officers no longer need to read suspects their rights, where 15-year-olds can still be executed. Imagine a country where sedition is once again criminalized, and any person can be designated an enemy combatant and locked away for life without trial.
Depending on where Alito and Roberts stand on the civil liberties issues we face (and nobody knows yet), we could be one one or two new justices away from creating that country.
I would say I don't mean to scare you, but that'd be a lie. I mean to terrify you. Because all of these possibilities are very real--not inevitable, but very real--dangers of a Supreme Court shaped by a McCain administration. These are risks we can't afford to take.
There are many other good reasons for civil libertarians to vote for Barack Obama. There are even a few good reasons for civil libertarians to vote for John McCain. But all of these reasons should turn into ash in our mouths when we look at the Supreme Court and the potential of losing so many of the safeguards that our judiciary branch has provided.
It isn't a tough call. Everyone who values the past 50 years of Supreme Court precedents should show up to vote for Barack Obama on November 4th. He won't be a perfect president, but at this point we don't need a perfect president. We just need a Supreme Court that still works.
Related: John McCain on Civil Liberties | Barack Obama on Civil Liberties
Comments
This article represents such a narrow view of “civil liberties”. There are plenty of folks just as concerned about the rights of the fetus and unborn who will vote in the exact opposite way. To scare the public with execution of 15 year olds and Bible brainwashing is hogwash and laughable. A continuation of our abortion-on-demand policies, however, is already happening.
biased much? FISA, giving cash to religous orgs, siding with Scalia on Supreme’s decision NOT to expand death penalty? this analysis is a total joke. obama has no respect for the rule of law or the constiution. support him if you must, but please refrain from draping that support in faux concern for civil liberties.
This is a very one-sided look. To bad there isn’t more truth in it. The fallacies are so numerous. Or is this another lib attempt to sway the stupid?
This juvenile analysis is right in step with Obama Chicago politics.
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