Well, apparently John Roberts was confirmed as chief justice today. I know a lot of left-leaning people are going to be really upset at this, and I might have joined their ranks a while ago, but honestly I’m not terribly worried. This guy is Rehnquist part II, with the exception of not having the overtly racist and anti-semitic credentials as our previous chief justice. I think that overall what we have now is just exactly what we had before, with the exception that perhaps a tiny, tiny easing in the nasty treatment that suspect, quasi-suspect, and should-be-suspect-but-aren’t classes are getting. In an administration this highly dominated by the GOP, that’s really the best anyone could rationally hope for.
I am concerned by the incredible lack of respect he showed for the confirmation process itself, but it’s not like it’s anything new. He didn’t put on his insane close-to-the-chest plays for this hearing only — he’s always been that way. I can even bring myself to respect that in a way, and that way is that I am tired of litmus tests. I think the questions are getting too specific, and I’m not alone in that. I do think it’s inappropriate to hedge on general issues such as “is there a Constitutionally granted right of privacy, and how far do you think that right extends?” but I don’t think questions along the lines of “do you support decision X” are appropriate, and perhaps his stonewalling has swing the pendulum in a more rational direction.
In any case, the theme of the day is that we have seen no change for the worse, and maybe a tiny bit for the better, and at this time that’s what we can hope for. I’m pleased at the show of bipartisanship, and I’m glad that the progressive members of congress seem to be picking their fights intelligently.
Now comes the real fight. Rehnquist’s seat was filled by another Rehnquist. Now we have to make sure that O’Connor’s seat is filled by another O’Connor. She was a woman of different ideals than mine, but she was a woman of conscience and fact-based deliberation, a moderate, and a frequent swing vote. She was seldom cowed into submission by her party, and voted with her ideals against the party line on more than one occasion. I honestly wish she had not retired, but since she has I hope we can find someone of her stature to fill her seat, and not some party hack who will return us to the days of the fabulously shortsighted and depression-friendly Hughes court.