EW12 on The Supreme Court

Salon (with a headline unsupported by the quote):

Warren — the highest-profile national Democrat to address the gathering here — warned attendees of a “corporate capture of the federal courts.”

… “You follow this pro-corporate trend to its logical conclusion, and sooner or later you’ll end up with a Supreme Court that functions as a wholly owned subsidiary of Big Business

I don’t refer to the 4 “liberal” justices as liberals. I like what they have to say very much, but the last real liberal on the Court was Thurgood Marshall, who left shortly after William Brennan, another real liberal. Sotomayor is the closest.

Stevens, Ginsburg, Kagan, Breyer, and Souter were all mostly defined by their unwillingness to follow the radical conservative element led by Rehnquist, but none of theme charted out new frontiers for liberalism or even left any dissents that are likely to one day turn into such a new frontier. Indeed, Justice Ginsburg declined to vote in such a manner that would have made gay marriage a constitutional right after her speechmaking about Roe v. Wade causing a “backlash.” I find this idea both boring and naive. At best, there wouldn’t have been a backlash against the court. Is that what Ginsburg cares about?

The liberals of that era, just like today’s conservatives like Thomas, Scalia, and Alito do not care about “backlash.” They care about their vision of the Constitution.

And of course, the biggest horror to issue from this court had nothing to do with Constitutional ideology and everything to do with being a Republican: Bush v. Gore.

All of this is to absolutely agree with Warren and perhaps to go further. If a liberal court is what you want, we need more Sotomayors. What we have is a right-wing court where occasionally the 4 centrist justices will peel off a swing vote to preserve common sense.