Login

Register

Member List

RSS Feed

Amanda | Contact

Auguste | Contact

Jesse | Contact

Pam | Contact

Next entry: NEWS: Lady Wears Clothes Previous entry: President picks first black female president of Alabama’s state medical society as surgeon general

Supreme Court justice hearings as political theater

Judges

Confession: I haven’t had the stomach to flip on the TV and watch the Sotomayor hearings, because I have so little tolerance for the charade that there’s no such as fundamental political differences that inform the process.  Judges pretending they don’t have opinions, Republican Senators pretending they have any intention of actually considering Sotomayor’s qualifications and basing their votes on that, the fundamental bullshit underlying the process in general annoys me to no end.  I’ve been following the online text-based coverage and the tweets from my tweeps with stronger stomachs than mine, but the urge to keep C-SPAN shut off all day has won out. 

The outcome of this thing is easy enough to predict.  Republicans will pretend to be outraged that Sotomayor is “racist” because she doesn’t believe that white people are better than everyone else, though perhaps they’ll branch out into arguments about how she’s not a woman because she’s both female and adult and she’s not a judge because she writes court decisions.  Democrats will use their majority to push her appointment through.  She’ll then take her spot on the court as a moderate liberal and not much will change.  And there will be more retirements, and new versions of the same charade.

What this is, then, is a chance for Republicans to do nothing substantive while conducting a bit of political theater to send the message that white people are the target of racist oppression that will keep white people from their rightful spot of completely dominating all power.  I have very little doubt that this hearing will go down in wingnut lore right next to “Bill Clinton got a blow job and I didn’t even get a T-shirt”, both in terms of resentment and longevity.  They have a lot of resentment bones and they’ll be dragging this one out and chewing on it from here until the end of time whenever they want to kick up some genuinely racist resentments, instead of the faux racist ones that are the only ones Republicans will even consider pretending to believe in.  Long after the rest of the world has realized that this was all a fuss over nothing, wingnuts will trot out this hearing as evidence that the only people who suffer the slings and arrows of racism are white people who have lost their right to get first shot at every prestigious job.

Indeed, I suspect that Republicans trotting out sad stories of white firemen who actually won their Supreme Court cases think that this political theater against Sotomayor is a win for them.  As the enthusiasm for Sarah Palin that is unmuddied by the strong sense that she’s a moron demonstrates, Republicans are still strong believers in the power of resentment to substitute for actual arguments or meaning.  And usually, I’m worried about this tendency, because there’s a historical track record that demonstrates that Republican claims of victimhood because they have to share even small amounts of power with non-dudes and non-whites have been effective at rallying the troops, even rallying some troops that are too stupid to realize that their own whiteness doesn’t mean that Republicans intend to let them into the power circle.  But in this case, I think the tide has turned just enough that Republicans are going to feel the pinch of diminishing returns.  If this blows up as big as Republicans hope it will as political theater, they’re not going to gain any voters, but they will piss off a lot of Hispanic voters who are unlikely to be fooled by the pretend concern about “reverse” racism.  And if they insist on digging up and chewing on this bone repeatedly after Sotomayor takes her highly distinguished place on the Supreme Court, it will just confirm that Republicans will not hesitate to put racism above basic common sense. 

I just hope that Obama appoints another woman for his next Supreme Court judge.  We need to get past token representation, and frankly, I think the public’s lost its willingness to believe that having a more diverse leadership is some sort of hostile takeover/attempt to enslave white men.  For a long time now, it’s been apparent that the straight white male resentment strategy would have diminishing returns for Republicans, because it’s basically a strategy of trying to appeal to an aging, shrinking population.  They only even half-assed attempt to address the demographic issues that face them has been a smattering of completely unbent anti-choice nuts who try to bully white women out of their jobs and into the maternity wards to have large broods and become more patriarchal in general, but even the party that indulged the Iraq War fantasy can’t really imagine getting a Republican breeding program under way.  There’s just not much they can do about the changing demographics in America right now, and we might be seeing the beginning of what that means.

 

------

Registration is now required! We're still in the process of getting it all squared away, so for the moment don't forget to Login or Register using the links in the upper left menu before starting to write your comment.

Posted by Amanda Marcotte on 05:19 PM • (24) Comments

I think the goal here - maybe not so much for the senators, but for the outside agitators like Newt, Rush, etc. - is to add SCOTUS to the list of American institutions that “Real Americans” don’t have to respect or listen to anymore. The list currently includes the president, Congress and elections, so there isn’t much left to add.

But they love America! They love it so!

Comment #1: RickMassimo  on  07/13  at  06:57 PM

Oh, but Amanda, you missed the spectacle of anti-abortion protesters making fools of themselves by shouting during the hearing, and then being dragged out in handcuffs, which I sort of enjoyed.  (Them being dragged out in handcuffs, that is, not their shouting.)

Comment #2: Blue Jean  on  07/13  at  07:18 PM

The critique of this mess that makes the most sense to me (other than general smearing of democrat decisions) is that republicans are trying to make Sotomayor look like an extremist in order to move the framing to a more ‘centralized’ court. (read: no more Brennan’s, Douglas’s or other prominent liberal judges I’ve forgotten here)

I do believe that the end result is more (as it has been the last few years for me) the belief that no matter who goes up, somebody’s going to throw a fit. Which may serve them just as well.

Comment #3: Lurker 2.0  on  07/13  at  07:19 PM

Yeah, one point of making a fuss over the centrist (at best) Sotomayer, is to scare Obama even more “centrist” than progressive for future picks, and so keep the troglodyte edge on the Supreme Court.

Oh and all the other stuff Amanda said, too.

Including the same reasons for not watching the show trial.

Comment #4: judybrowni  on  07/13  at  07:26 PM

I hope the next nominee is a southern white man, who’s really leftist.

Comment #5: Isabella  on  07/13  at  07:46 PM

I want the next nominee to be a liberal black woman…..I can’t wait to hear the screeching then.

Comment #6: abo gato  on  07/13  at  07:58 PM

I’m hoping for an atheist, of any color or gender really.  Or even an agnostic.  I also really want a flying pony for my birthday.

Comment #7: libdevil  on  07/13  at  08:25 PM

I want a light-saber… or a spaceship.

Comment #8: atheist  on  07/13  at  08:26 PM

The Dems voted against the AUMF in the House.  If it matters.

Comment #9: Punditus Maximus  on  07/13  at  08:46 PM

As I recall, Scott Lemieux’ top SCOTUS choice was Pam Karlan, who is a law professor from Stanford, and a lesbian, and someone who goes around saying exactly the kind of stuff that needs to be said on pro-choice issues. 

Of course, that would require Obama to be much bolder on LGBT stuff than he’s been recently.

Comment #10: Neil the Ethical Werewolf  on  07/13  at  08:53 PM

When your idea of diversity is men with different European nations in their backgrounds living as citizens in the same country, you’re going to be afraid of a Puerto Rican woman from New York.

I just hope that Jefferson Beauregard Sessions has a nice clean Confederate flag he can cry into when she gets confirmed…

Comment #11: MikeEss  on  07/13  at  09:06 PM

As ruckuses go, this is maybe a 2.5 on a 1-10 scale. I don’t even think the GOP clownshow on the Judiciary Committee will fuss long enough to even do themselves long-term political damage, which is unfortunate. Then again, they’d really have to fuck up to make themselves even more toxic to anybody but their crap-laden base.

Comment #12: norbizness  on  07/13  at  09:22 PM

Plus, the next replacement would probably be for Stevens, which cannot conceivably be a net gain, just treading water. I shudder to think that Scalia and Kennedy, who both probably both outwait two Obama terms, are the youngest of the miscreants that need replacing (and they’re three years younger than Ginsburg).

Comment #13: norbizness  on  07/13  at  09:26 PM

Never interrupt the enemy when he is making a mistake (Napoleon). I applaud the apparent determination of the Republicans to alienate every last Hispanic voter in the country.

Comment #14: Steve LaBonne  on  07/13  at  09:31 PM

I’m with you.  I can’t watch.  I’m disappointed in my President for so many reasons.  I knew he was a centrist, but it’s still depressing to have 60 seats in Congress and still have a mealy-mouthed, spineless administration. 

Can you imagine the damage W would have done with 60 seats?  Why are the Dems so determined to be “bipartisan”?

Fuck them.  They don’t represent America.  They’ve admitted Sotomayor will get in, so why even go through the theater? 

PUSH THE AGENDA.

My fear is that we will continue to let the GOP dictate the framing, and they push so far to the right that Nixon would be kicked out for being too liberal.

Comment #15: Caren-Sun-blocking Creator of Animorphic Pancakes  on  07/13  at  10:16 PM

When your idea of diversity is men with different European nations in their backgrounds living as citizens in the same country, you’re going to be afraid of a Puerto Rican woman from New York.

The problem is that the entrenched established privileged interests have declared that there is one true or at least one baseline perspective: theirs.  All other perspectives are “alternative” and, therefore, suspect.

Nobody ever points out that the white male perspective is not the standard one, insofar as it can be stereotyped.  This is yet another instance where being different is conflated with having suspicious and biased motives, and yet there is no examination of potential suspicious or biased motives of the “standard” perspective.  Just like the old bullshit about “why do we have black history month it isn’t faiiirrr” gets the reply “because the other 11 months ...”

Comment #16: Ms Kate  on  07/13  at  10:43 PM

Norbizness, i think her selection was a very calculated move by the Obama administration to get the GOP to blow its ammo at a kevlar target.  She is so qualified and so conventional in many ways that 99% of the shit thrown at her was utterly wasted blather.

Comment #17: Ms Kate  on  07/13  at  10:45 PM

I just hope that Obama appoints another woman for his next Supreme Court judge.

I got all goose-bumpy imagining a SCOTUS in which the majority of the justices are women.

Comment #18: teac  on  07/13  at  10:49 PM

The plural of anecdote is not data, but I can tell you that the blatantly racist attacks on Sotomayor have cost the GOP at least one hispanic vote forever:

My mother-in-law has always voted Democrat or Republican as the Spirit moved her, which is unsurprising as she’s the kind of Moderate who’s liberal on some issues and conservative on others (she’s old enough to remember when women died trying to get abortions, and she believes that gay peoples’ civil rights are far more important than her belief that homosexuality is a sin.  On the other hand, she’s a Creationist) rather than mushy middle. 

She’s never voting GOP again.  She knew that a lot of Republicans hated her because her skin was brown and she had a Dominican accent, but she didn’t realize just how much it was the party’s official policy. 

Now, she’s 65, a heavy smoker despite having had a quadruple bypass, and she lives in NYC.  It’s questionable just how much the GOP has hurt themselves in her specific case, but I have hope that her story is a common one.

Comment #19: Seraph  on  07/13  at  11:41 PM

I just hope that Obama appoints another woman for his next Supreme Court judge.

We need a wise Asian woman, preferably someone outside the JudeoChristian axis, for some real diversity.

Comment #20: Hector B.  on  07/14  at  12:38 AM

Exactly, Ms Kate. There were a couple of feeble pokes at her credentials, which quickly withered away because even Rove couldn’t say them firmly with a straight face, and the affirmative action thing didn’t work so good when you realize it applies to Justice Thomas as well.

The reason the ‘wise Latina’ comment so outraged them is, of course, because what Sotomayor was (correctly) pointing out is that race and gender privilege can obscure one’s ability to act as a fair and just interpreter of the law. Oh, don’t you go tellin’ The Man he isn’t the smartest bestest thing around, he hates that shit.

Comment #21: mythago  on  07/14  at  02:54 AM

Yeah, the (white) dude (resentment) abides, but I get the sense that they’re just phoning this one in.

Comment #22: DonnaDiva  on  07/14  at  03:58 AM

I just want Kennedy to retire and to be replaced by a reliable liberall of any gender, color, etc., etc., etc.

Comment #23: Magis  on  07/14  at  10:05 AM
Page 1 of 1 pages
Commenting is not available in this channel entry.