Enlarging the Strike Zone

July 10th, 2010

The seeds of the Reagan/Bush years are finally coming to fruition.

Chief Justice John Roberts, in his confirmation, famously likened the job of the Supreme Court to that of a impartial umpire, calling balls and strikes. If the results of the Court’s last term are any indication, a better metaphor for what Roberts is doing is enlarging the strike zone while the monied interests are pitching against the American people.

As then Senator Barack Obama noted during Judge Alito’s conformation hearings, Alito, as a federal judge, had “consistently side(ed) on behalf of the powerful against the powerless; on behalf of a strong government or corporation against upholding American’s individual rights.”

Now that Alito has joined Roberts, Scalia, Thomas and Kennedy on the court, it’s becoming clear what the real world consequences of that worldview are.

It’s also shown the hollowness of the Republican arguments against “judicial activism.” For years they used that term as a sword against liberal justices, but the Citizens United case is every much as judicial activist as any of the Warren Court’s decisions. The only difference is that the Roberts court’s judicial activism is creating new rights for corporations while it whittles away at the rights of individuals on the margins.

Unfortunately, the nomination of Elena Kagan is unlikely to change that dynamic. Aside from not altering the liberal-conservative math, Kagan’s nomination seems to be part of an existing pattern of Republican presidents generally picking young, strong conservatives on the Supreme Court while Democratic presidents pick candidates from the center left.

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One Response to “Enlarging the Strike Zone”

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