Sunday, October 28, 2012

Romney, the judicial extremist

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There are virtually no voters who list Supreme Court appointments as an important issue when deciding who to vote for, but that does not mean it is unimportant. One can make the argument that aside from whether to go to war or not, Supreme Court appointments are the most important decisions a president can make. They have a long-lasting effect because judges are appointed for life. As much as Governor Romney has flip-flopped around on virtually every major issue out there, he has been consistent (if only because it did not come up during the debates) about Court appointments. Romney will appoint judges like the extremists on the Court that he admires, judges like Antonia Scalia, Clarance Thomas and Samuel Alito. One reason we know this is because his adviser that Romney has selected is Judge Robert Bork.

Bork: rejected as Court Justice and  Romeny: takes advice from Bork

First, listen this this video from the liberal People for the American Way:

Romney said that he wishes Robert Bork were on the Court now! Let's consider more about what that would mean for Americans.

From "Robert Bork: Mitt Romney's corporate-power tool" by Jamie Raskin are the following paragraphs:
But the Roberts Court majority sees no evil, handing out victories by the bushel to big business. Without even being asked to do so, five Justices in 2010 overrode their colleagues in the Citizens United case and bestowed upon the CEOs the power to spend trillions of dollars from corporate treasuries promoting compliant politicians to the public in campaign season.
Yet, just when it looked like things couldn’t get any worse, Republican presidential candidate Mitt Romney selected as his top legal adviser Robert Bork, a conservative polemicist whose career has been devoted to the proposition that corporations can basically do no wrong, the courts should faithfully serve the corporate agenda, and democratic government should step out of the way.
While Bork is an authoritarian statist when it comes to the rights of individual Americans to obtain birth control or read books, have sex or watch movies that Bork disapproves of (see Borking America: What Robert Bork Will Mean for the Supreme Court and American Justice), he is a laissez-faire libertarian when it comes to the rights of large corporations to ditch environmental regulation, fire pro-union workers and generally have their way with the rest of us without regulatory restraint. He seeks hierarchical discipline for natural persons but maximum freedom for big businesses to merge with one another, purge their workers, and splurge on pet politicians.
We can fully expect a Bork-infused Supreme Court and federal judiciary to continue promoting the basic infallibility of corporate power. With Bork at the helm, we will see more impunity and more unaccountability in corporate structures that are “too big to fail” and “too big to jail.”
It is not just corporations that will be allowed greater influence in our elections. If Romney wins this election and appoints judges for the Court, Romney will most likely use those appointments to overturn Roe v Wade and end legal abortion in this country. In a piece at Think Progress (a source that Glenn Beck's supporters have been programmed by convincing propaganda to ignore, disrespect, etc. no matter how accurate their views are), Ian Millhiser offers four ways a Romney Court would change the Constitution without amending it:
  1. Eliminating The Right To An AbortionRoe v. Wade is already on life support. The Court’s current majority weakened the longstanding rule ensuring that women may terminate pregnancies that threaten their health, claiming instead that a federal abortion restriction should be allowed in part because “some women come to regret” their own reproductive choices. If Romney were able to add an additional conservative to the Supreme Court, Roe would likely be forfeit.
  2. Judges For Sale: Romney named Chief Justice Roberts and Justices Scalia, Thomas and Alito as his models should he be allowed to pick new judges. All four said the Supreme Court should have done nothing when a wealthy coal baron payed $3 million to place a sympathetic justice on the West Virginia Supreme Court. That justice then cast the key vote to overrule a $50 million verdict against the coal baron’s company. Romney may even want his justices to go much further in permitting the very wealthy to buy elections — he previously endorsed allowing billionaires to give unlimited sums of money directly to his campaign.
  3. Government In The Bedroom: Only five of the Supreme Court’s current justices joined the landmark Lawrence v. Texas decision, which struck down Texas’ “sodomy” laws and held that the government cannot “demean” a couple by “making their private sexual conduct a crime.” An additional conservative justice would place Lawrence in jeopardy.
  4. Tossing Out The Constitution’s Text: As a top conservative judge who received the Presidential Medal of Freedom from George W. Bush once explained, the legal case against the Affordable Care Act has no basis “in either the text of the U.S. Constitution or Supreme Court precedent.” Romney would appoint more justices who embrace this lawless legal theory.
Millhiser reminds his readers that  four of the justices on the Court are over 74 years old. Because voters are unlikely to consider this when the vote this year, Gov. Romney's economic policy will be analyzed in the coming days. Meanwhile, if you are one of those undecided voters out there, please consider any other points that have been made up to this point. These posts clearly show just how extreme Gov. Romney has indicated he is.
If you doubt that Gov. Romney is trying to lie his way into the White House, check out the 49 lies listed on just one of 39 web pages listing his many false claims. See "Chronicling Mitt's Mendacity, Volume XXXIX."

Before voters are taken in by Mitt Romney's mendacious manner, 
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