Monday, May 10, 2010

Obama Pushes Supreme Court To The Right

President Obama ...[has replaced] John Paul Stevens [with Elena Kagan, and] the Supreme Court will move rightward. The nomination is very disturbing, especially because it's part of a pattern. The White House is in the grip of conventional centrist wisdom. Grim results stretch from Afghanistan to the Gulf of Mexico to communities across the USA.

On numerous policy fronts, such conformity to a centrist baseline has smothered hopes for moving this country in a progressive direction. Now, the president has taken a step that jeopardizes civil liberties and other basic constitutional principles....

"During the course of her Senate confirmation hearings as Solicitor General, Kagan explicitly endorsed the Bush administration's bogus category of ‘enemy combatant,' whose implementation has been a war crime in its own right," University of Illinois law professor Francis Boyle noted last month. "Now, in her current job as U.S. Solicitor General, Kagan is quarterbacking the continuation of the Bush administration's illegal and unconstitutional positions in U.S. federal court litigation around the country, including in the U.S. Supreme Court."

Boyle added: "Kagan has said ‘I love the Federalist Society.' This is a right-wing group; almost all of the Bush administration lawyers responsible for its war and torture memos are members of the Federalist Society."

The departing Justice Stevens was a defender of civil liberties. Unless the Senate refuses to approve Kagan for the Supreme Court, the nation's top court is very likely to become more hostile to civil liberties and less inclined to put limits on presidential power....

For more than 15 months, evidence has mounted that President Obama routinely combines progressive rhetoric with contrary actions. As one bad decision after another has emanated from the Oval Office, some progressives have favored denial -- even though, if the name "Bush" or "McCain" had been attached to the same presidential policies, the same progressives would have been screaming bloody murder.

But enabling bad policies, with silent acquiescence or anemic dissent, encourages more of them. At this point, progressive groups and individuals who pretend that Obama's policies merely need a few tweaks, or just suffer from a few anomalous deficiencies, are whistling past a political graveyard....

The Justice Department continues to backtrack on civil liberties. And now...the president's nomination of Elena Kagan...will move the Supreme Court to the right.

Norman Solomon is a journalist, historian, and progressive activist. His book "War Made Easy: How Presidents and Pundits Keep Spinning Us to Death" has been adapted into a documentary film of the same name. His most recent book is "Made Love, Got War." He is a national co-chair of the Healthcare NOT Warfare campaign. In California, he is co-chair of the Commission on a Green New Deal for the North Bay; Essay originally published in Common Dreams.