"We are FAMILY!"
Words.
"This week's hearings on Judge Sonia Sotomayor's nomination to the Supreme Court represent the opening skirmish in a long-term struggle to challenge the escalating activism of an increasingly conservative judiciary.
The Senate's Republican minority does not expect to derail Sotomayor, who would be the first Hispanic and only the third woman to serve on the court, and they realize that their attack lines against her have failed to ignite public attention, or even much interest.
...Yet none of this diminishes the importance of the Senate drama that opens today, because the argument that began 40 years ago over the political and philosophical direction of the judiciary has reached a critical moment. Under Chief Justice John Roberts, conservatives have finally established a majority on the court that is beginning to work its will.
Republican senators know that Sotomayor's accession to the high court will not change this, since she is replacing Justice David Souter, a member of the court's liberal minority. But they want to use the hearings to paint the moderately liberal Sotomayor as, at best, the outer limit of what is acceptable on the bench to justify the new conservative activism that is about to become the rule.
...If you wonder what judicial activism looks like, consider one of the court's final moves in its spring term.
The justices had before them a simple case, involving a group called Citizens United, that could have been disposed of on narrow grounds.
...Rather than decide the case before it, the court engaged in a remarkable exercise of judicial overreach. It postponed its decision, called for new briefs and scheduled a hearing this September on the broader question of whether corporations should be allowed to spend money to elect or defeat particular candidates.
What the court was saying was that it wanted to revisit a 19-year-old precedent that barred such corporate interference in the electoral process. That 1990 ruling upheld what has been the law of the land since 1947, when the Taft-Hartley Act banned independent expenditures by both corporations and labor unions.
...It is truly frightening that a conservative Supreme Court is seriously considering overturning a century-old tradition at the very moment the financial crisis has brought home the terrible effects of excessive corporate influence on politics.
...So when conservatives try to paint Sotomayor as some sort of radical, consider that the real radicals are those who now hold a majority on the Supreme Court. In this battle, it is she, not her critics, who represents moderation and judicial restraint."
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