After this month’s Supreme Court chainsaw massacre of our liberties, my only consolation is that I get to see the reaction from the Left. To see them deal with the fact that the Left was wrong and the Right was right. The reactions can be put into three categorizes:
First, there is the “partisan over principle”/”power over principle” reaction. As in, who cares about the decision as long as my side wins. In other words, they’re against it so I’m for it. Two examples from Daily Kos, one on Raich the other on Kelo. Here’s a lovely quote to demonstrate this (lack of) principle:
“It would have sacrificed needed community power at the hands of the sort of property-rights extremism frequently displayed by right-wing libertarian types.”
I’m sure that when a city tears down an elderly lady’s house in order to build a Walmart, she can at least be cheered up by the fact that “right-wing libertarian types” lost.
Next, we have those that are a little more fair. They acknowledge that the Right can rule the right way sometimes, but in those cases it’s entirely accidental and not because of any commitment to freedom. From Paul Bruno’s blog (in response to a post by jonp):
For a hard-line originalist like Thomas, freedom is of no legal importance whatever.
So, yes, Thomas may accidentally do liberty a few favors. But that’s no reason to give him a freedom-loving shout-out. At best, a guy like Thomas can be a useful idiot.
And finally, we have the honest ones. Those who can get past their partisanship and acknowledge, that, yeah, sometimes the Right can be right. A commentary in today’s Berkeley Daily Planet does just that:
So, if you keep score on what the courts are doing in our country, it is important to analyze what’s going on in a case by case basis. Just because a judge is considered a “liberal” doesn’t mean that judge will make a good decision, and just because that judge is conservative doesn’t mean the judge is not committed to preserving fundamental liberties.
Let’s expand this: just because a person is conservative/libertarian doesn’t mean that he or she is not committed to preserving fundamental liberties. And just because a person is liberal doesn’t mean that he or she is committed to preserving fundamental liberties. I think that this post from TheAgitator really captures this fact. Who was in favor of freedom in the medical marijuana and eminent domain cases in front of the Supreme Court? Here’s a hint: Not liberals.
Anyway, there’s no hope that the situation will get any better in the near future. Our best hope for liberty, Janice Rogers Brown, was confirmed to an appeals court a month ago. She is the type of libertarian-conservative that we need on the Supreme Court. Unfortunately, Republicans only confirmed her because she was a black woman. This piece from the National Journal pretty much confirms it. No Republican was willing to defend her views, because, let’s admit it, no Republican in power shares these views anymore:
What Republicans support is not so much Brown’s philosophy as her life story and the opportunity to put a conservative black woman on the federal bench. After all, Brown is a small-government ideologue in an age of Big Government conservatism. Republicans control the whole federal government and are not shy about using it.
And then you realize it: From our big government judiciary to our big government executive and legislative branches, we’re screwed.