It’s
likely that U.S. Supreme Court Justice Antonin Scalia’s body
was not even cold last weekend before the Republicans in Congress and
all of the GOP presidential candidates promised to keep the first
black president from appointing another justice to the highest court.
In
true Tea Party form, they all rose up as one to declare that they
would do anything to keep President Obama from making a nomination to
the high court, to replace Scalia, who died in west Texas Saturday
night or Sunday morning during a hunting trip. In doing so, they
proved once again that the loons of the Tea Party faction of the GOP
have taken over the entire “party of Lincoln,” and their
capacity to obstruct knows no bounds.
Start
with Senate Majority Leader Mitch McConnell, who warned Obama that he
need not even send a name to the Senate to replace Scalia, in what
some observers say is the first warning of its kind from a high
ranking official. Usually, this kind of slap in the face of a
sitting president is saved for a four-cocktail conversation in a
remote corner of a Washington watering hole.
It
should not be that surprising, however, because this is the Senate
leader who announced, before the entire country shortly after Obama’s
election that the job of the Republican Party was to see that Obama
was a one-term president. It did not work and Obama has had a
seven-year run as president, but there was nothing that he wanted to
do that was not like a cage fight with the Republicans, led by the
likes of McConnell and the former Speaker of the House, John Boehner.
Even though Boehner brought to the House floor legislation that
would kill Obamacare more than four dozen of times (all failed), he
was declared not to be far enough to the right for the Tea Partiers,
who, early in their creation, seemed to want to take their country
back, possibly to just before the Civil War. And that might have
satisfied them, but one can never be too sure about that.
Ted
Cruz, the junior senator from Texas, famous for his filibuster in his
first term, upon hearing of Scalia’s death, declared that he
would filibuster any candidate that Obama sent to the Senate,
claiming that it would be against tradition to seat a new justice on
the high court during an election year. That misstatement (probably
out of ignorance) was shot down by many, in the press and among his
colleagues, not to mention at least one justice who was appointed in
the last year of a president’s tenure. That would be Justice
Anthony Kennedy, in the last few months of Ronald Reagan’s
presidency. That vote was 97-0, in a Senate with a Democratic
majority.
Cruz
has a way of bringing attention to himself and he seems to have
settled on the filibuster as a way of gaining national attention,
when he is not making outrageous statements about any subject at
hand. For example, one of his recent statements was about the
carpet-bombing of parts of the Middle East. If he is elected
president, the tough guy declared, “We will carpet bomb them
into oblivion...I don't know if sand can glow in the dark, but we're
going to find out.”
One
of the most satisfying put-downs of one of Cruz’s reckless
declarations came from Major General Robert Scales, former commandant
of the Army War College, who said, “Anyone with any
understanding of military strategy knows that ‘carpet-bombing’
is a term used by amateurs trying to sound tough...” Another
high-ranking military officer, General Paul Selva, vice chairman of
the Joint Chiefs of Staff, said that the kind of bombing that Cruz
threatened is not the way the U.S. applies force. “It isn’t
now, nor will it ever be,” he added.
All
of the GOP contenders for their party’s presidential nomination
have agreed with both McConnell and Cruz that the president should
not even think about sending the Senate the name of a nominee to
replace Scalia. Either misreading history or just blathering, their
consensus seems to be that there have been no Supreme Court
appointments made by a lame duck president in an election year. Even
though they have been proven wrong on that point, they will do what
they can to delay any nomination until the first term of the next
president, which they think might be a Republican.
Cruz
often takes it upon himself to speak for the Republican Party and in
fact, for all Americans of his political persuasion and he did so in
this case, saying he would “absolutely” filibuster any
nomination. “This should be a decision for the people,”
he said on Sunday on ABC’s ‘This Week With George
Stephanopoulos,’” indicating that Americans should have a
vote on the next SCOTUS justice appointment. He surely knows that
the people do not vote for high court justices, but if they did, the
court might be quite different from the one that exists.
He
also said that the people should “speak” in the next
election of a president on the issue of confirmation of a new
justice, although that is not likely to be on the ballot, since the
people are electing a president, not a judge. He indicated on the
talk-news show that he wants a justice as conservative as Scalia. He
did not, he said, want a court that “will strip our religious
liberties…(or) mandate unlimited abortions…(or) write
the Second Amendment out of the Constitution.”
Not
to be outdone, Marco Rubio, during last weekend’s GOP debate
said, “Someone on this stage will get to choose the balance of
the Supreme Court, and it will begin by filling this vacancy that’s
there now. And we need to put people on the bench that understand
that the Constitution is not a living and breathing document. It is
to be interpreted as originally meant.” Seer that he is, he’s
sure a Republican will sit in the White House, come next January.
Whether
they are prognosticators of great skill or are just filled with
profound hubris, the Republican leadership feels its power and the
rest of their followers seem to fall in line with the party’s
intent to continue their war against the first black president, who
they will thwart at every turn. They (McConnell and all of the GOP
presidential contenders) have promised to fight Obama for the
remainder of this year. At this point, it is not just politics. It
is highly personal, the president having had the cheek to win a
second term, embarrassing the leader of the Senate and all of those
in his party who felt that Obama was a usurper, who did not belong in
the White House. The big lie was an integral part of their
relentless attacks on him (for example, repeatedly to this day
claiming that he was born in Kenya or, at least, outside the U.S.),
as if their lies were real and their reality justified their
vitriolic opposition, in which no compromise was possible.
Thus,
this country has been drifting along a path that was set by the
previous administration, which many around the world believe was one
which committed war crimes in invading other countries without cause
and set the Middle East ablaze at a tremendous cost in blood and
treasure for all countries involved and the U.S. in particular.
Essentially, the Republicans in Congress and elsewhere have ensured
that there will be little governance at the federal or the state
levels. Their strategy and tactics seem to have been designed to
keep the country from being governed while Obama was in office. In
large part, they have been successful.
Racism
has played a part in all of this, but, to what extent, we do not
really know, because in the modern era, public figures tend to keep
their racism to themselves. But, in their public lives, even a
passing analysis shows that racism and the inevitable results are a
continuation of the racism that America has suffered from for 400
years. The actions of Republicans, the party in control of Congress,
have continued a long history of failure to raise up the poor and
most vulnerable of this country, especially poor people of color and
Native Americans.
The
struggle for justice for black and brown people goes on in the U.S.
and it is a tough one. It is never ending. As James MacGregor
Burns and Stewart Burns wrote in their 1991 book, A People’s
Charter: The Pursuit of Rights in America, “Even if
ultimately unsuccessful, in the course of conflict black people
stretched the scope of rights they felt entitled to and linked their
claims with parallel efforts to build autonomous institutions and
lift up the black community. African-Americans experienced rights
both as individual possessions and as resources held in common. Many
felt a moral duty to secure them not just on an individual basis but
for their people as a collective entity. For these citizens, rights
had a markedly different texture for other Americans who, in
Tocqueville’s words, ‘were born equal instead of becoming
so.’” And “becoming so” is the heart of the
struggle today. The rights of the people can be enhanced or
thwarted by both legislative action and judicial action and that’s
why the Supreme Court nomination that Obama sends to the Senate is so
important.
President
Obama will send a nomination to the Senate and it could be someone
who Republicans in Congress have approved of in other situations, so
it might be hard for them to, without comment or reason, turn them
back without a hearing. Those in Congress are not unlike those
running for the GOP nomination. There are few words spoken by any of
them of justice, of equality, of the welfare of all of the people
(unless it is to cut benefits from government programs). Instead, we
are treated to the worst kind of macho attitudes about crushing our
enemies, but it is always the sons and daughters of others who
usually pay the price for their bravado.
These are the kind of people who want to fill the vacancy on the high court,
so that they may continue to move the country toward oligarchy and
plutocracy, leaving the rest of the people to be left at the margins
of society and the economy. All citizens need to demand of their
senators that they stand up for a vote on whomever Obama sends to
them to replace Scalia. The Senate and the rest of government at
all levels need to act to shoulder the responsibility of governing.
Only pressure from the people can make that happen.
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