One of the topics we’ve covered most consistently and thoroughly, especially during the election, is the state of the federal bench. Because conservatives somehow managed to successfully appropriate the pejorative term “activist judge” and apply it only progressive jurists, the majority of the American public likely missed the fact that the past few Supreme Court terms have in fact been some of the most “activist” in recent history – just in the opposite direction. Under the stewardship of the hyper-conservative Justice Alito and the disingenuous Chief Justice Roberts, the Supreme Court has rolled back a remarkable number of bedrock precedents, even to the point of completely reinventing Second Amendment jurisprudence. Don’t trust me? Fine. Trust Justice Breyer (commenting Parents Involved, 127 S. Ct. 2738 (2007)):
“Rarely in the history of the law have so few undone so much so quickly.”
And good news everyone! They’re just getting started! Barring catastrophe or poor health, both of Bush’s picks are likely to be with us for some time. And somehow MSNBC just caught on.
Are judges Bush’s most lasting imprint?
President scored historic wins with high court and appeals court nominees
Long after Bush is gone from Washington (in fact, long after President-elect Barack Obama is gone), Bush-appointed judges will still be handing down rulings which will shape American society.
In a shining exemplar of timely journalism, MSNBC is only four to eight years late to discovering that the law matters, and that we should take this into account in choosing our Presidents. MY. GOD. Someone call Edward R. Murrow, and tell him he’s been replaced! Get the Peabody team on the line!
Look. I realize that the law isn’t always the sexiest of political matters. Theoretically, it isn’t even supposed to be political. But let’s be realistic: when it comes to filling the federal appellate bench, conservative politicians appoint judges whose constitutional philosophy generates conservative results, and liberal politicians appoint judges whose constitutuinal philosophy generates liberal results. This isn’t calculus, and it means that every election matters. Even when you think the candidates are basically the same person – like so many though of Bush & Al Gore in 2000 – this issue at least lurks in the background, and should define your vote.
Thankfully, America made the right call this time around. But if you’re reading this today, don’t forget it in four or eight years.
