I’ve been largely steering clear of the blogwar between Clintonistas and Obamaites, but this post cries for quick comment. Lambert, in a post ironically titled Stupid Roe argument opines:
I keep hearing the OFB (”Obama Fan Base,” a derogation for those who support Obama) talking point that a key reason to vote for Obama in the general is to safeguard Roe. [ed: through Supreme Court appointments.]
If McCain won — if Satan himself won — Democrats would still have control of the SJC. If Dems really want to safeguard Roe, then make Roe a litmus test for the nominees. Then bork whoever gets sent up ’til McCain — or Satan — gets it and does the right thing.
Of course, that would require the Senate Dems to acquire stones, but that would be bad why?
There are plenty of other reasons to vote for the Democrat in the general, but this is not one.
This is incredibly shortsighted. First of all, if McCain wins the general election, he will be in office for 4, or perhaps 8, years. One-third of the Senate is up for reelection every 2 years. Thus it is within the realm of theoretical possibility that the entire Senate could turn over within McCain’s presidency. While this is extremely unlikely, it is not possible to discount the possibility that within that time frame the Democrats may not control the SJC (Senate Judicial Committee) or the Senate, and may not have veto power over a Supreme Court nominee.
Right now, the Democrats have a narrow majority in the Senate, and though that may be substantially enlarged in the general election, we won’t really know exactly what the numbers will be until after the voting is down. If the supposition is wrong, then it is too late to ask for a do-over and decide that voting for a pro-choice presidential candidate does matter, just as it would be too late if the GOP somehow wrested control of the Senate back during McCain’s presidency.
It goes without saying that relying on the Senate to “bork” any candidate who refuses to pleadge to reaffirm Roe v. Wade is equally myopic. The fact that the Senate has been 100% unsuccessful in controlling judicial appointments in the past ought to be a hint that it may be impossible for it to do so in the future.
Realistically, a more likely scenario if McCain is in office is an appointee who refuses to directly state how he would vote on abortion, who plays lip service to the value of precedent in general and Roe in particular. In other words, you get another Roberts.
There have been only 2 Supreme Court appointments by Democratic Presidents in the last 40 years. Apart from the issue of abortion and the continuing viability of Roe v. Wade, there are many other important issues impacted by the current rightward twist of the Court - like voting rights, for instance.
I’ve met Lambert a few times, and have found him intelligent and earnest. But pretending that the power to make Supreme Court appointments doesn’t matter, when Justice Stevens is 88, Ginsberg is 75 and Breyer is 70 is willful blindness. Villify Obama (and his “fan base”) all you want, but you have to be smarter than this. The consequences of an aging Supreme Court and another 4-8 years of GOP judicial appointments would have a substantial and lasting impact on this country.