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Response to sharedvalues (Original post)

Sat Jun 1, 2019, 12:35 AM

6. "(Y)ou will not smear them or Waldman." My my, aren't *we* full of ourselves!

I especially like how Waldman advocates a political strategy identical to the one the gestation slavers are
using against Roe v Wade, only directed in a different direction.



Improbably, the gun movement’s triumph has become a template for progressives, many of whom are appalled by the substance of the victories. Keene was joined by Evan Wolfson, the organizer of Freedom to Marry, whose movement has begun to win startling victories for marriage equality in courts. Once, conservatives fumed about activist courts enforcing newly articulated rights—a woman’s right to reproductive choice, equal protection for all races. But just as they learned from the left’s legal victories in those fields, today progressives are trying to re-learn from their conservative counterparts.

One lesson: patience. The fight for gun rights took decades. Another lesson, perhaps obvious: There is no substitute for political organizing. A century ago the satirical character Mr. Dooley famously said in an Irish brogue, “No matter whether th' Constitution follows th' flag or not, the Supreme Coort follows th' iliction returns.” Before social movements can win at the court they must win at the ballot box. The five justices in the Heller majority were all nominated by presidents who themselves were NRA members.

But even more important is this: Activists turned their fight over gun control into a constitutional crusade. Modern political consultants may tell clients that constitutional law and the role of the Supreme Court is too arcane for discussion at the proverbial “kitchen table.” Nonsense. Americans always have been engaged, and at times enraged, by constitutional doctrine. Deep notions of freedom and rights have retained totemic power. Today’s “Second Amendment supporters” recognize that claiming the constitutional high ground goes far toward winning an argument.

Liberal lawyers might once have rushed to court at the slightest provocation. Now, they are starting to realize that a long, full jurisprudential campaign is needed to achieve major goals. Since 2011, activists have waged a widespread public education campaign to persuade citizens that new state laws were illegitimate attempts to curb voting rights, all as a precursor to winning court victories. Now many democracy activists, mortified by recent Supreme Court rulings in campaign finance cases (all with Heller’s same 5-4 split), have begun to map out a path to overturn Citizens United and other recent cases. Years of scholarship, theorizing, amicus briefs, test cases and minority dissents await before a new majority can refashion recent constitutional doctrine.



https://www.google.com/search?q=right+wing+packing+courts&sitesearch=democraticunderground.com

https://upload.democraticunderground.com/100211189811

https://www.democraticunderground.com/1016232791

An attendee at the Chamber of Commerce event put an admirably unvarnished query to McConnell that created an exact parallel to 2016, when Justice Antonin Scalia passed away: “Should a Supreme Court justice die next year, what will your position be on filling that spot?”

“Oh, we’d fill it,” McConnell said quickly, with that small smile of his. Court-packing — excuse me, loading the court with your ideological friends — is the one way you can set the nation’s political course no matter what voters decide year to year. “You want to have a long-lasting positive impact,” he explained. “Everything else changes. … What can’t be undone is a lifetime appointment to a young man or woman who believes in the quaint notion that the job of a judge is to follow the law.”

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sharedvalues May 2019 OP
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