SCOTUS Nomination Is Emblematic Of Obama Presidency.

In 2008, Barack Obama ran for president on a platform of change and hope – hope that he could end division and bring people together. He probably should have known better. After all, the Republican Party had long based their election campaigns on fear and division.

So it was no surprise when it became known that, after the election of President Obama, Senator Mitch McConnell rallied congressional Republicans to oppose every one of Obama’s initiatives with the intent of making Obama a one-term president.

It didn’t matter that, for the first time in decades, Obama nominated members of the opposition party to his cabinet. It didn’t matter that, instead of pursuing charges against those in the Bush administration who had collapsed the economy and led our nation into a misguided war, Obama chose to look forward, instead. It didn’t matter that, in order to make healthcare affordable for millions more Americans, President Obama chose to promote a Republican idea (now known as Obamacare). It didn’t matter that, despite Democratic majorities in the House and in the Senate, President Obama chose moderation over partisanship.

He was rewarded by Republicans who used the filibuster to block any and every one of Obama’s initiatives. They blocked dozens of judicial appointments. They blocked his promise to close the prison at Guantanamo Bay. They tried to block his budgets. They tried to block his healthcare bill. They even tried to block his stimulus bill which was intended to put millions of Americans back to work.

Not content with legislative obstruction, Republicans created the Tea Party, which challenged President Obama’s legitimacy. They portrayed him as the Joker…as the anti-Christ. They called him un-American. They called him a Muslim from Kenya. They rallied behind racist images of the president. They openly carried guns to their protest rallies and threatened to exercise their “Second Amendment rights” against the President.

Therefore, it comes as no surprise that, when the most rightwing ideological Supreme Court justice died, McConnell and his Republican caucus in the Senate vowed to block any Obama nomination to the Supreme Court. They claimed that, even though President Obama has nearly a year left in office, that he is a lame-duck president. They would have you believe that his current term is for only 3 years, instead of 4.

Likewise, it is no surprise that President Obama nominated a moderate to the Supreme Court vacancy – a judge who is respected by members of both parties. After all, contrary to Republican accusations, such moderation is emblematic of the entire Obama presidency. Indeed, Obama has exemplified moderation in everything he has done. That’s why he will be remembered as one of the nation’s greatest presidents. And it’s why history will remember McConnell and the rest of the Republicans in Congress as the worst ever – a Congress that did nothing but further contribute to political hatred and divisiveness.

The States’ Rights Court.

Now that the Supreme Court of the United States has ruled on three highly controversial cases, it seems that the decisions all have one thing in common – a desire to protect states’ rights. Even though the justices behind the majority opinions changed from one case to another, the Court showed a willingness to defer, when possible, to the states.

In the case of the VRA (Voting Rights Act), it seems that the majority believes that the VRA is an intrusion on the affected states. In voiding the criteria for pre-clearance of changes in voting laws in states that have a history of discriminating against minorities, the Court challenged Congress to create new criteria that reflect today’s political environment.

Disregarding the fact that the VRA has been a target of John Roberts since 1980, the majority opinion seems to be a win for those who believe in states’ rights. Unfortunately, on the issue of voting rights, many of our states have demonstrated that they can’t be trusted to protect the voting rights of minorities. In states like Alabama and Texas, the ink on the Court’s opinion wasn’t dry before Republican legislators introduced new efforts to suppress minority votes. Indeed, the Republican Party has been trying to suppress minority votes across the country.

If the Court was serious about protecting voting rights, it would have subjected all states to pre-clearance of changes in voting laws. It most certainly wouldn’t have passed responsibility along to our dysfunctional Congress.

In the cases of Prop 8 and DOMA, a different majority of the Court ruled. But the outcome was much the same.

On Prop 8, the Court ruled that, since the State of California chose not to defend the constitutionality of its own law in court, surrogates could not. On DOMA, the majority ruled that the legality of gay marriage is up to individual states, and it ruled that the federal government cannot deny benefits to gay couples who have been legally married.

As you can see, both of these rulings also seem to support states’ rights.

If the Roberts Court is so committed to protecting states’ rights over the federal government, a position most famously attributed to Thomas Jefferson, the justices would be wise to remember what Jefferson wrote in defense of separation of Church and State: “The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbour to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.”

The same reasoning would be well applied to all civil rights. To paraphrase: The right of other citizens to vote, or to marry whom they choose, does me no injury. It neither picks my pocket nor breaks my leg.