Gonzales: Just too damn liberal?
The battle begins in earnest: As I've suggested before, Attorney General Alberto Gonzales might not be such a bad choice as the next Supreme Court justice -- at least given the alternatives, all of whom seem to stand well to his right. But, as the Times reports, the right-wing goons -- otherwise known as Bush's base, which claims credit for 2004 and is now looking for payback -- are out, knives in hand, to take him down.
For Gonzales, you see, just isn't conservative enough for them. Especially on abortion and affirmative action, he has shown moderation and restraint, defending race-based preferences and opposing parental-notification requirements for minors seeking abortions.
But is he a liberal? Hardly. Remember that this is the guy who, as White House counsel, argued that foreign detainees in the war on terror shouldn't be treated according to the Geneva Convention and who essentially signed off on torture.
But that doesn't stop the right, which is out to remake the Supreme Court according to its own brand of judicial activism. For however much conservatives may scream against what they see as liberal activism, the new activists are to be found on the right, and a shift too far to the right could very much mean the dismantling of the liberal state as we know it. Right-wing ideologues want that, of course, but I wonder if Americans realize just what that would mean...
In the meantime, I'll continue to push for Gonzales as the only even remotely sober candidate in the bunch. After all, as Slate put it recently, his judicial philosophy is characterized by "a restrained role for judges". Isn't that what real conservatives (as opposed to the radicals who call themselves conservatives) should want? And isn't that what liberals who are serious about the Constitution and who are willing to work for the common good should accept as the best Bush has to offer? I'm still hoping (against hope, perhaps) for a moderate-conservative nominee who would sail through the Senate, even if that would allow Bush to claim a quick victory in the wake of his collapsing approval ratings -- after all, it would be fun to see conservatives tear each other to pieces, fracturing the conservative movement and what passes these days for the Republican majority. But the future of the Supreme Court and its long-term impact on American life is far more important than short-term partisan politics, and for that reason Bush would do well to nominate his pragmatic and loyal attorney general over the radical ideologues of the right.
The right wants its theocratic revolution upheld, and even imposed, by the federal judiciary. It needs to be stopped -- and now -- lest America, arguably "the last, best hope on earth," become little more than an ideological experiment disconnected from its own roots in liberal political philosophy, with a constitutional soul polluted by shameless revisionism and extremist ideology.
For Gonzales, you see, just isn't conservative enough for them. Especially on abortion and affirmative action, he has shown moderation and restraint, defending race-based preferences and opposing parental-notification requirements for minors seeking abortions.
But is he a liberal? Hardly. Remember that this is the guy who, as White House counsel, argued that foreign detainees in the war on terror shouldn't be treated according to the Geneva Convention and who essentially signed off on torture.
But that doesn't stop the right, which is out to remake the Supreme Court according to its own brand of judicial activism. For however much conservatives may scream against what they see as liberal activism, the new activists are to be found on the right, and a shift too far to the right could very much mean the dismantling of the liberal state as we know it. Right-wing ideologues want that, of course, but I wonder if Americans realize just what that would mean...
In the meantime, I'll continue to push for Gonzales as the only even remotely sober candidate in the bunch. After all, as Slate put it recently, his judicial philosophy is characterized by "a restrained role for judges". Isn't that what real conservatives (as opposed to the radicals who call themselves conservatives) should want? And isn't that what liberals who are serious about the Constitution and who are willing to work for the common good should accept as the best Bush has to offer? I'm still hoping (against hope, perhaps) for a moderate-conservative nominee who would sail through the Senate, even if that would allow Bush to claim a quick victory in the wake of his collapsing approval ratings -- after all, it would be fun to see conservatives tear each other to pieces, fracturing the conservative movement and what passes these days for the Republican majority. But the future of the Supreme Court and its long-term impact on American life is far more important than short-term partisan politics, and for that reason Bush would do well to nominate his pragmatic and loyal attorney general over the radical ideologues of the right.
The right wants its theocratic revolution upheld, and even imposed, by the federal judiciary. It needs to be stopped -- and now -- lest America, arguably "the last, best hope on earth," become little more than an ideological experiment disconnected from its own roots in liberal political philosophy, with a constitutional soul polluted by shameless revisionism and extremist ideology.
2 Comments:
I will play devil's advocate here and defend the right to some extent. I'm not sure it's entirely fair to characterize the right as wanting a "theocratic revolution." I don't think, in general, they really want to impose religion on people--I think it's more that they want to go back to a time (say the 50s)when Christianity was sort of accepted as the dominant culture. While I don't agree with the goal, I think it's different than saying they want a theocracy.
I also think the right seeks a type of jurisprudence that is detached from political considerations and deferential to the political process. I don't think those are necessarily bad goals except for two perhaps somewhat contradictory points: first, jurisprudence is inherently political especially at the level of constitutional interpretation, and, second, nothwithstanding this fact, the judicial process IS normally deferential to the political process. In fact, one could argue that Roe v. Wade reflected a POLITICAL more than a legal analysis.
My point is that, while in my opinion the right has misconstrued the nature of court rulings over the years (in part because it, like the left, is unwilling to accept that it is not the majority in all issues), it isn't necessarily seeking a radical overturning of American society. For example, I don't see the right in general calling for criminalizing homosexual conduct (although many did not agree with the rulings overturning laws against it). In other words, other than a few fringe players, no one is seriously advocating the imposition of biblical law. It seems to me what the right seeks is more nebulous--more a return to a Christian-oriented culture and an acknowledgement of Christianity as the foundation of society. Again, while I disagree with that, I don't think it's as radical as some think.
Frankly, while I find some of the judges put forth by the right as being pretty appalling, I don't see the US becoming "little more than an ideological experiment disconnected from its own roots in liberal political philosophy, with a constitutional soul polluted by shameless revisionism and extremist ideology."
I also think it wouldn't be a bad idea for liberals to start fighting things out in the political arena rather than expecting courts to bail them out. The assumption seems to be that the right is so all-powerful that it can't be stopped in the legislatures and that only a liberal judiciary stands between us and a theocracy. I think that's a bad attitude and reflects a disconnect from American society.
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By cicicocuk, at 5:32 PM
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