Child molesters and ozone depleting environmental polluters have two things in common. Both seem to have little concern about the threat they pose to the future of the world’s children. Both are, at least to some extent, held in check by the courts.
But polluters may soon catch a break courtesy a judiciary whose ideological toxicity could enable the fossil fuel industry to bestow upon tomorrow’s children an unprecedented legacy of environmental degradation already manifest in the fires that have seared California. Even if Roe vs. Wade is not overturned, today’s courts may allow legislative obstacles that effectively deny women the control of and arguably the ownership of their bodies.
Call it the Great Progressive Failure. Most progressives have failed to realize the danger posed by the nomination and confirmation of judges chosen for views likely to trend conservatively away from the constitutional rights of individuals and toward the interests of big business.
The latest judicial attack on our democracy comes from Judge Reed O’Connor who struck down the Affordable Care Act. Writing for THE NEW YORK TIMES about Judge O’Connor, Manny Fernandez states that O’Connor’s “rulings illustrate the ways in which the federal and district courts have become POLITICALLY WEAPONIZED as Republicans and Democrats alike try to handpick judges they see as ideologically friendly to their cases.”
But I believe Republicans are a lot more guilty than Democrats. They blocked Obama’s nominations. There is the stolen Supreme Court seat that should have been filled by Merrick Garland. And Brett Kavanaugh makes it onto the Supreme Court even as a vast amount of information about him remains suppressed.
Our democracy is menaced on many fronts: There is the Electoral College, The gerrymander, voter suppression, demographics that favor conservatives, collusion, dark money. And let’s not forget Bush Vs. Gore. What do progressives have? We have Trump, who may be his own worst enemy because he is so obviously corrupt. And we have EACH OTHER.
Hopefully DAPAC can help drive a powerful backlash to wrest our courts away from the religious and conservative right. Hopefully it will be possible to secure a judicial selection process that will ensure the separation of powers envisioned by the founding fathers.
But how? We must fight to take back the Senate and win the presidency. This will put an abrupt halt to the damage Trump and his Republican cohorts have inflicted on our judiciary. If we become sufficiently powerful, we may have a way to further repair the damage to our judiciary. We might be able to create new seats on the federal courts and the Supreme Court. This controversial move would counteract the assault on our judiciary courtesy the nomination and confirmation of right wing life time judges, some of whom have not even rated bar association approval