The True Prize
Who's the most powerful person in the United States right now? President Barack Obama? As head of the executive branch and the military, he wields incredible power and influence. Yet, if you saw the frustration on his face and heard the repressed anger in his voice at his inability to pass sensible gun control measures, or even get a hearing on his Supreme Court nominee, you understand the limits of that power.
So, is Senate Leader Mitch McConnell more powerful? McConnell has done little more than stall and hamper Obama, and his obstructionism will (hopefully) cost the Republicans their majority in the Senate. Speaker of the House Paul Ryan, meanwhile, can barely keep his unruly caucus in line.
The most powerful and influential person in the United States right now is not an elected official. His name is Justice Anthony Kennedy, the "swing vote" on the U. S. Supreme Court.
Through February of 2016, there were four conservative judges (Stevens, Alioto, Thomas and Scalia), four liberal judges (Ginsberg, Breyer, Kagan and Sotomayor), and Kennedy. Typically, the four conservatives voted one way and the four liberals voted the other way. Kennedy sometimes votes with the conservatives and sometimes with the liberals. His vote breaks the tie between the two camps. Whatever he decides, becomes the law.
He sided with the conservatives on Bush v Gore, which ended the vote recount in Florida in 2001, and handed the Presidency to George W. Bush. He wrote the opinion for Citizens United v FEC, ending restrictions on campaign contributions by corporations and special interests (see my last blog). He also wrote the opinion for Obergefell v Hodges, which granted gays and lesbians the right to marry.
For decades, Presidents and the Senate have conspired to maintain this 4-4-1 split on the Supreme Court. As a liberal retires, he was replaced by a liberal, and when a conservative retired, he was replaced by a conservative. (Forgive the male pronoun, but all but one of the retired judges in the last twenty years have been male.) The one exception to this rule was in 1991, when George H.W. Bush replaced a liberal, Thurgood Marshall , with a conservative, Clarence Thomas.
The sudden death of Antonin Scalia in February of 2016 presented Barack Obama with the opportunity to replace the influential conservative with someone more moderate. He appointed Merrick Garland, an uncontroversial pick, someone who had been unanimously approved to his previous appointment.
McConnell, however, blocked any hearing on the nomination, stating that the American People should decide who they want selecting the next Supreme Court justice. (I'm sure that, back in February, McConnell was thinking Jeb Bush would be the one making this pick, not Donald Trump.) With his inaction, McConnell made the Supreme Court one of the key issues of the fall campaign.
If Hillary Clinton becomes President, and the Democrats retake the Senate, the path for Merrick Garland to replace Antonin Scalia will be clear. In fact, Clinton could rescind the appointment of Garland and put up someone more liberal. This new justice will give the liberals a fifth vote on the court, minimizing the power and influence of Anthony Kennedy. Likewise, if Trump becomes President, he will undoubtedly nominate a conservative to replace Scalia, maintaining the current 4-4-1 split, and keeping Kennedy as the key swing vote.
But, it's not only Scalia's seat that's at stake. Ruth Bader Ginsberg (RBG to her fans) is 83, and Anthony Kennedy is 80. It is likely that the next president will be replacing both of those justices.
This is the true prize of the upcoming election, the opportunity for the Progressive Caucus to put a 6-3 split on the Supreme Court. If you are a woman who wants to control medical decisions involving your own body, you owe it to yourself to vote for Hillary Clinton. The current court configuration leaves Roe v Wade vulnerable. A sixth liberal justice will put abortion rights out of reach of the conservatives for decades.
Likewise, to my gay friends and readers, remember that your right to marry was upheld by a single Supreme Court vote. The conservatives have turned their focus towards transgender rights. If they get a win on that issue, they will attack Obergefell. A sixth liberal Supreme Court justice could end both gambits.
With six liberals, Citizens United could be overturned, ending the desperate gathering of campaign contributions, and putting politicians to work for their constituents. As I have stated previously, I believe this is the key to ending gridlock in Washington and implementing a more progressive agenda, including single payer health care and caps on drug prices.
Some of you may be less than satisfied with Hillary Clinton as a candidate. You may prefer to be voting for Bernie Sanders, or someone else. But, this is too important an election to stay home. Not only must we avert the fiasco of a Trump presidency, but we have the opportunity to move the country once again in a more liberal, progressive direction.
This is our privilege and our responsibility.
So, is Senate Leader Mitch McConnell more powerful? McConnell has done little more than stall and hamper Obama, and his obstructionism will (hopefully) cost the Republicans their majority in the Senate. Speaker of the House Paul Ryan, meanwhile, can barely keep his unruly caucus in line.
The most powerful and influential person in the United States right now is not an elected official. His name is Justice Anthony Kennedy, the "swing vote" on the U. S. Supreme Court.
Through February of 2016, there were four conservative judges (Stevens, Alioto, Thomas and Scalia), four liberal judges (Ginsberg, Breyer, Kagan and Sotomayor), and Kennedy. Typically, the four conservatives voted one way and the four liberals voted the other way. Kennedy sometimes votes with the conservatives and sometimes with the liberals. His vote breaks the tie between the two camps. Whatever he decides, becomes the law.
He sided with the conservatives on Bush v Gore, which ended the vote recount in Florida in 2001, and handed the Presidency to George W. Bush. He wrote the opinion for Citizens United v FEC, ending restrictions on campaign contributions by corporations and special interests (see my last blog). He also wrote the opinion for Obergefell v Hodges, which granted gays and lesbians the right to marry.
For decades, Presidents and the Senate have conspired to maintain this 4-4-1 split on the Supreme Court. As a liberal retires, he was replaced by a liberal, and when a conservative retired, he was replaced by a conservative. (Forgive the male pronoun, but all but one of the retired judges in the last twenty years have been male.) The one exception to this rule was in 1991, when George H.W. Bush replaced a liberal, Thurgood Marshall , with a conservative, Clarence Thomas.
The sudden death of Antonin Scalia in February of 2016 presented Barack Obama with the opportunity to replace the influential conservative with someone more moderate. He appointed Merrick Garland, an uncontroversial pick, someone who had been unanimously approved to his previous appointment.
McConnell, however, blocked any hearing on the nomination, stating that the American People should decide who they want selecting the next Supreme Court justice. (I'm sure that, back in February, McConnell was thinking Jeb Bush would be the one making this pick, not Donald Trump.) With his inaction, McConnell made the Supreme Court one of the key issues of the fall campaign.
If Hillary Clinton becomes President, and the Democrats retake the Senate, the path for Merrick Garland to replace Antonin Scalia will be clear. In fact, Clinton could rescind the appointment of Garland and put up someone more liberal. This new justice will give the liberals a fifth vote on the court, minimizing the power and influence of Anthony Kennedy. Likewise, if Trump becomes President, he will undoubtedly nominate a conservative to replace Scalia, maintaining the current 4-4-1 split, and keeping Kennedy as the key swing vote.
But, it's not only Scalia's seat that's at stake. Ruth Bader Ginsberg (RBG to her fans) is 83, and Anthony Kennedy is 80. It is likely that the next president will be replacing both of those justices.
This is the true prize of the upcoming election, the opportunity for the Progressive Caucus to put a 6-3 split on the Supreme Court. If you are a woman who wants to control medical decisions involving your own body, you owe it to yourself to vote for Hillary Clinton. The current court configuration leaves Roe v Wade vulnerable. A sixth liberal justice will put abortion rights out of reach of the conservatives for decades.
Likewise, to my gay friends and readers, remember that your right to marry was upheld by a single Supreme Court vote. The conservatives have turned their focus towards transgender rights. If they get a win on that issue, they will attack Obergefell. A sixth liberal Supreme Court justice could end both gambits.
With six liberals, Citizens United could be overturned, ending the desperate gathering of campaign contributions, and putting politicians to work for their constituents. As I have stated previously, I believe this is the key to ending gridlock in Washington and implementing a more progressive agenda, including single payer health care and caps on drug prices.
Some of you may be less than satisfied with Hillary Clinton as a candidate. You may prefer to be voting for Bernie Sanders, or someone else. But, this is too important an election to stay home. Not only must we avert the fiasco of a Trump presidency, but we have the opportunity to move the country once again in a more liberal, progressive direction.
This is our privilege and our responsibility.
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