Republican Party
Down with the judicial tyrants who are killing Terri Schiavo!
Oops -- most of them are Republican. Never mind.
If Terri Schiavo finally perishes over the Easter weekend, the roar of fundamentalist rage will sound like the dawn of Armageddon.
Televised preachers will blame her demise on the Democratic politicians who did almost nothing to oppose the political intervention in her case. Right-wing pundits will denounce the tyranny of “judicial activists,” an “elitist judicial oligarchy” or just plain “liberal judges.” Republican politicians will urge that she be avenged by sweeping away the constitutional protection of the filibuster, so that the president can pack the federal courts with extremists and theocrats.
In a Weekly Standard essay titled “Runaway Judiciary,” Hugh Hewitt promoted that opportunistic theme. Hewitt predicted confidently that public fury over the Schiavo case will increase support for Senate Majority Leader Bill Frist’s plan “to break the Democratic filibusters of judicial nominees and … a backlash against any Republican who sides with the Democrats on the coming rules change vote.”
While exploiting Schiavo’s tragedy for maximum impact, these opportunists probably won’t dwell on the most salient political fact about those awful judges who have ruled so consistently in favor of Schiavo’s husband and against her parents. Most of those tyrannical jurists happen to be Republicans, too.
When the Supreme Court issued what should be the final decision in the Schiavo matter on Thursday, its nine members again unanimously rejected the parents’ plea for another review. The court’s decision, issued through Justice Anthony Kennedy, scarcely went beyond the succinctly negative “denied.” None of the court’s self-styled “originalist” thinkers issued a peep of dissent, although this was their fifth opportunity to do so.
Antonin Scalia, who has come closest to articulating an openly theocratic approach to jurisprudence, indicated no objection to the majority position. Neither did Clarence Thomas, whose views closely mirror those of Scalia. Their silence suggests the radicalism of the congressional departure from constitutional norms that was embodied in the “Schiavo law” passed by both houses of Congress and signed by the president. By turning away the Schindlers’ appeal, the Republican justices were simply endorsing the findings of their colleagues in the lower courts.
On cable television and on the Internet much has been made of the fact that U.S. District Judge James Whittemore — who issued last week’s initial federal ruling in favor of Michael Schiavo — is a “Clinton appointee.” By emphasizing that connection, as if the former president himself were deciding Terri Schiavo’s fate, the cable loudmouths were pandering to the old Satanic caricatures of the Clintons that still excite the ultra-right.
When the Schindlers appealed Whittemore’s decision to the 11th Circuit Court of Appeals in Atlanta, a three-judge panel rejected their plea for a stay. Of the two judges who ruled against the Schindlers, Ed Carnes is a conservative Republican appointed by former President George H.W. Bush, and Frank Hull is a moderate Democrat appointed by Clinton. The dissenting judge, who supported the Schindlers’ plea, was Charles Wilson — another Clinton appointee.
That nonpartisan pattern became even clearer when the full 11th Circuit upheld that panel’s ruling. Of the appeals court’s 12 active judges, only two dissented. One was the aforementioned Wilson; the other was Judge Gerald Tjofelt, a Republican appointed in 1975 by President Ford. The remainder, who evidently concurred with that Clintonite elitist Whittemore, included six Republicans: Reagan appointee and Chief Judge J.L. Edmondson; George H.W. Bush appointees Carnes, Stanley Birch, Joel Dubina, Susan Black; and, most ironically, William Pryor Jr., who was given a recess appointment by George W. Bush two years ago in the midst of controversy and filibuster by Democratic senators.
Pryor is the perfect example of the kind of appointee whose extreme views provoke the strongest liberal and Democratic opposition — and whom the Republicans are determined to elevate by breaking the filibuster. He is a vehement opponent of abortion, an advocate of criminalizing homosexuality and a consistent supporter of theocratic efforts to breach the wall separating church and state. Although the competition is fierce, he is probably the most right-wing nominee chosen by President Bush.
Whatever Pryor may believe about the Schiavo case, he affirmed the silence of his fellow Republicans with his own. Like the views of Scalia and Thomas and most of Pryor’s Republican colleagues on the 11th Circuit, his opinion remains unexpressed.
Despite all the apocalyptic posturing of the far right on the cable channels, weblogs and editorial pages, the Schiavo case is a matter of individual conscience and adherence to law. Although the weight of scientific evidence supports Michael Schiavo’s position, Democrats and Republicans alike have acknowledged how troubling and difficult they find this issue.
Meanwhile, national polls show that the public disdains the hysterical posturing of the Republican leadership in Congress and the White House. Ultimately the Schiavo case may well change the debate over the filibuster, though not as imagined by the likes of Hugh Hewitt, if only because Senate Democrats finally muster the courage and determination to defend the Constitution and an independent judiciary.
Joe Conason blogs in Salon several times a week and writes a weekly column for the New York Observer. His latest book is "It Can Happen Here: Authoritarian Peril in the Age of Bush." More Joe Conason.
The new face of “Democrats are the real racists!”
The National Review's lame attempt at revisionist political history
(Credit: Library of Congress) Apparently it is a great big lie — an “utter fabrication with malice and forethought” — to say that the Democrats lost their longtime hold over the old Confederacy because their support for civil rights legislation drove white Southerners away. That’s according to the National Review’s Kevin Williamson, who wrote a big National Review piece about how mad this lie makes him, when the secret truth is that Republicans have always been, and will always be, the single most pro-civil rights party ever.
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
How to cure the crazy
The return of Donald Trump forces the question: Is there anything the GOP can do to recover from insanity?
Donald Trump (Credit: Reuters/David Moir) One thing when writing about the Republican Party and the crazy – you can always be certain that it’ll generate new examples. So just when the news that a member of the House accused dozens of Democrats in Congress of being Communists seemed to be going stale, along comes Donald Trump – who is scheduled to appear at a fundraiser with Mitt Romney next week – to spout birther nonsense.
Continue Reading CloseJonathan Bernstein writes at a Plain Blog About Politics. Follow him at @jbplainblog More Jonathan Bernstein.
GOP to modernity: Stop
For House Republicans, the less we know about our country and our planet, the better
House of Representatives Republican leadership (Credit: AP) Watching the antics of the House GOP, you get the very strong sense that if the class of Republicans elected in 2010 were offered a chance to repeal the Enlightenment, they would leap at the opportunity. The great flowering of science and philosophy that reached critical mass in the 17th century employed human reason to batter away at the dogmas of blind faith. But as far as the Tea Party seems to be concerned, that was just one big wrong turn.
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Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21. More Andrew Leonard.
Mitt’s favorite new dodge
Romney and the GOP insist the economy is more important than social issues. Why can't we address both?
Mitt Romney (Credit: AP/Carlos Osorio) One of the most overused metaphors in a writer’s arsenal is the one about “walking and chewing gum at the same time.” As a hiker and Big League Chew enthusiast, I particularly hate this cliché. Nonetheless, I feel it is fitting right now because it so perfectly summarizes the argument being made by Republicans. They now insist that America cannot simultaneously walk the walk on equal rights and also chew economic gum.
In the last week, Colorado was the testing ground for this talking point. At the presidential level, Republican nominee Mitt Romney criticized a Denver television reporter for daring to ask about his position on, among other issues, same-sex marriage. Before restating his opposition, he scoffed at the question, asking: “Aren’t there issues of significance that you’d like to talk about [like] the economy? The growth of jobs? The need to put people back to work?”
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David Sirota is a best-selling author of the new book "Back to Our Future: How the 1980s Explain the World We Live In Now." He hosts the morning show on AM760 in Colorado. E-mail him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com. More David Sirota.
Jon Huntsman for New York City mayor?
Yes, please. It would be very funny to see him lose
Yes, Jon Huntsman should definitely run for mayor of New York, because I never tire of watching Jon Huntsman get rejected by voters. The best part of a Jon Huntsman campaign is when his well-heeled supporters very sincerely and tragically argue that the fact that no one wants to vote for Jon Huntsman is a sign that the Republic itself is in peril. They would get so sad and melodramatic when he got 10 percent of the vote.
Now, there is no evidence that Jon Huntsman is planning for run for mayor of New York City, but one of his annoying daughters tossed this one out there last night:
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
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