Dems Lock Step on Kagan?

[KoKo]

The Latest on Elena Kagan

by Glenn Greenwald

(6) The New York Times' Charlie Savage today explains that executive power is one key area where Obama's choice could bring about major changes to the Court, given that his selection would replace Justice Stevens, who was so stalwart about imposing limits on such power. As Savage writes, Kagan's record (to the extent such a thing even exists) "suggests she might generally be more sympathetic toward the White House than Justice Stevens."

(7) Perhaps most revealing of all: a new article in The Daily Caller reports on growing criticisms of Kagan among "liberal legal scholars and experts" (with a focus on the work I've been doing), and it quotes the progressive legal scholar Erwin Chemerinsky as follows: "The reality is that Democrats, including liberals, will accept and push whomever Obama picks." Yesterday on Twitter, Matt Yglesias supplied the rationale for this mentality: "Argument will be simple: Clinton & Obama like and trust , and most liberals (myself included) like and trust Clinton & Obama."

Just think about what that means. If the choice is Kagan, you'll have huge numbers of Democrats and progressives running around saying, in essence: "I have no idea what Kagan thinks or believes about virtually anything, and it's quite possible she'll move the Court to the Right, but I support her nomination and think Obama made a great choice." In other words, according to Chemerinksy and Yglesias, progressives will view Obama's choice as a good one by virtue of the fact that it's Obama choice. Isn't that a pure embodiment of mindless tribalism and authoritarianism? Democrats love to mock the Right for their propensity to engage in party-line, close-minded adherence to their Leaders, but compare what conservatives did with Bush's selection of Harriet Miers to what progressives are almost certain to do with Obama's selection of someone who is, at best, an absolute blank slate.

One of the very first non-FISA posts I ever wrote that received substantial attention (uniformly favorable attention from progressives) was this post, from February, 2006, about the cult of personality that subsumed the Right during the Bush era. The central point was that conservatives supported anything and everything George Bush did, regardless of how much it comported with their alleged beliefs and convictions, because loyalty to him and their Party, along with a desire to keep Republicans in power, subordinated any actual beliefs. Even Bill Kristol -- in a 2006 New York Times article describing how Bruce Bartlett had been ex-communicated from the conservative movement for excessively criticizing George Bush -- admitted that personal allegiance to Bush outweighed conservative principles in the first term and that "Bush was the movement and the cause."

To say that "Democrats, including liberals, will accept and push whomever Obama picks," based on the rationale that "Clinton & Obama like and trust her, and most liberals (myself included) like and trust Clinton & Obama" -- even if they know nothing about her, even if she might move the Court to the Right -- seems to me to be an exact replica of what I described four years ago.

Published on Saturday, May 8, 2010 by Salon.com
http://www.commondreams.org/view/2010/05/08-6