[lbo-talk] The Note: Alito's in

Michael Hoover hooverm at scc-fl.edu
Tue Nov 1 17:34:40 PST 2005



>>> cbcox at ilstu.edu 10/31/05 11:29 AM >>>
The obsession of many leftists with the SC is a holdover from the days of the Warren Court, a period which everyone should have known wouldn't last. SC-dependence became addictive, and leftists simply have to work on curing that addiction. The courts are not a friend of the people. They never have been except for very short and periods and by accident. Carrol <<<<<>>>>>

can't imagine any leftists being obsessed with s.c., however, liberals are a different story, latter essentially relied upon courts - and, in some instances such as affirmative action, a 'prerogative presidency' - to do what they were unwilling/unable to do via legislative process...

an - perhaps *the* - irony of post-ww2 u.s. democracy that aristocratic- like institution did for a time recognize/protect/expand certain political liberties/rights (and occasionally still does)...

liberals allowed conservatives to set agenda and so-called liberal media to frame debate over contemporary jurisprudence, 'judicial activism' became associated with *liberal judges legislating from the bench*, blah, blah, blah...

so much for judicial activism that conforms to s.c.'s more fundamental role which has been/is to affirm/confirm constitutional interpretation conducive to development/consolidation/maintenance of capitalism (which has had negative consequences for health/safety, not to mention freedom/rights of folks)...

s.c. of nine liberals could not/would not declare structural conditions - unequal wealth, poverty, unemployment - unconstitutional, institutions of corporate capitalism and system of class exploitation remain untouched and intact, with s.c. *interpretation* of the constitution serving as a primary prop....

certainly true that court has never long been out of step with other national elites, post-great society 'new democrats' proved more than willing to play political game on terms largely dictated by conservatives, now that era of 'liberal elite' has passed, some of the generally - and important - procedural rights identified with new deal/civil rights era influenced rulings are on shaky footing in present 'conservative elite' era...

the legacy of carter/clinton judicial appointees - all of carter's were lower court appointments, he being one of several presidents having no s.c. appointments - will be introducing/enhancing gender/racial/ethnic diversity (which is not, of course, without some merit)...

the legacy of reagan/bush/bush appointee will be their ideological consistency/stridency, in realm of the 'supremely' political court system, ideology trumps diversity... michael hoover

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