Editore"s Note
Tilting at Windmills

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for Free News & Updates

June 29, 2010

IS THERE ANY DOUBT HOW HATCH WOULD HAVE VOTED?.... Following up on the last item, Republicans spent a surprising amount of time yesterday going after a revered Supreme Court justice, the late Thurgood Marshall, as a way of undermining Elena Kagan. It's worth taking a moment to acknowledge a point that's probably pretty obvious.

Sen. Orrin Hatch (R-Utah) kept up the message of the day on MSNBC, taking a harsh tone towards the Marshall legacy. "Let's admire the man for the great things he did, but let's not walk over and wipe out the things that really didn't make sense as an obedient student of the practice of law," Hatch said, adding there was "no doubt he was an activist judge."

It prompted the Salt Lake Tribune's Thomas Burr to ask a reasonable question.

I caught up with Hatch after today's confirmation hearing to ask an obvious question: Would Hatch have voted for Marshall?

"Well, it's hard to say," Hatch said.

Hatch -- who, of course, wasn't in the Senate in 1967 when the vote took place -- said Marshall deserves "tremendous respect because he fought so hard for civil rights," and he should be honored for bringing about the transformation that allowed black Americans to be able to vote.

Still, he added, "When he got on the bench, there's no question that he at times went a very activist route. That can't be complemented [sic]. But you've got to compliment the man for the courage, and conviction and leadership he provided."

Let me give Hatch a hand with this. No, if Thurgood Marshall were nominated for the Supreme Court today, Hatch would probably filibuster him. It's not "hard to say"; it's easy to say. Marshall was a giant of 20th century liberalism, and today's Republican Party is practically hysterical in its conservatism. It's obviously speculative, but how can there be any doubt over how GOP senators would view Marshall?

Indeed, this can, and probably should, be taken much further. Would Hatch and his Republican colleagues have voted for Social Security? Or Medicare? Or the Clean Air Act? Or the parts of the Civil Rights Act of 1964 that applied to private enterprise?

Would they have voted to confirm Ruth Bader Ginsburg, who was approved on a 96 to 3 vote in 1993?

Would they have voted to nominate Ronald Reagan for the GOP presidential nomination? Or H.W. Bush? Or Eisenhower?

The answers to all of these questions seem pretty obvious. It's not "hard to say" at all. In each instance, the answer is "of course not."

Steve Benen 9:25 AM Permalink | Trackbacks | Comments (17)

Bookmark and Share
 
Comments

I can't stand Hatch, but to give the devil his due, if Wikipedia is to be believed-

Ruth Joan Bader Ginsburg (born March 15, 1933) is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by Democratic President Bill Clinton with the support of Republican Senator Orrin Hatch. Ginsburg took the oath of office August 10, 1993.

Posted by: anon on June 29, 2010 at 9:33 AM | PERMALINK

It's "hard to say" because looking backwards to rehash the past is not a natural GOP instinct. That is a democrat instinct. Republicans look forward to the future.

Posted by: Al on June 29, 2010 at 9:36 AM | PERMALINK

"Republicans look forward to the future."

Al, that would be "Republicans choose to IGNORE the past" as if it never happened.

This is especially true for things they've done that donn't look good in retrospect, like: Pushing through the Medicare Part D and insisting that the pharms get reimbursed at full retail, not supervising banks and letting them run wild, not controlling spending and running up massive deficits, etc.

Republicans trash the place and then say, "Who, us? We're only looking forward".

Posted by: Mark-NC on June 29, 2010 at 9:58 AM | PERMALINK

Leadership means being right before everyone catches up with you. That's also what it means to be an "activist judge" -- where, according to Hatch, leadership is not welcome.

Posted by: Grumpy on June 29, 2010 at 10:00 AM | PERMALINK

One can just as easily speculate that most of the GOPers would vote against the First, Fourth and Fifth Amendments to the Constitution. Indeed, when Cornyn first won election to the Senate, he had a list of at least six amendments that he wanted to propose.

Posted by: smedley on June 29, 2010 at 10:08 AM | PERMALINK

"Republicans look forward to the future."

Sure because the term conservative means looking forward and the term progressive mean holding on to the past. Idiot.

Posted by: ScottW714 on June 29, 2010 at 10:14 AM | PERMALINK

Thank you, ScottW714. To me, being a conservative is trying to conserve the the laws Progressives pass. Once they get used to it and realize it is good for America, they then want to "conserve" them. Conservatives are ALWAYS 10 steps and 30 years behind.

Posted by: mmw on June 29, 2010 at 10:25 AM | PERMALINK

It cracks me up when hypocritical Republicans go around labeling liberal justices as "activist" judges. No Supreme Court was more activist than this one thanks to right-wing ideologues Roberts, Alito, Kennedy, Scalia, and Thomas.

Posted by: Chris on June 29, 2010 at 10:31 AM | PERMALINK

But Hatch wouldn't ever get the chance to filibuster a Thurgood Marshall, because Hatch and his GOP pals have so poisoned the process that a Thurgood Marshall would never get nominated in the first place. Nowadays, if you accidentally wrote something vaguely liberal in a college paper, like, say, that drowning puppies is cruel, you will be considered unacceptably "out of the main stream."

Meanwhile, of course, Hatch et al. gladly support the radical theories and reinterpretations of the current activists on the Court, since right-wing activism is A-OK.

Posted by: biggerbox on June 29, 2010 at 10:35 AM | PERMALINK

A better question would be, "Would Democrats vote for Justice Roberts, knowing what they know today?"

Posted by: Marko on June 29, 2010 at 10:43 AM | PERMALINK

anon, although hatch may have voted for ginsberg in 1993, the question is whether he would in 2010. and the answer is almost certainly no.

hatch is not a very intelligent person, but he does know which way the (republican) winds blow.

Posted by: howard on June 29, 2010 at 10:50 AM | PERMALINK

Would Hatch have voted for Abraham Lincoln?

It is to laugh. Instead, Hatch would have made excused for John Wilkes Booth.

Posted by: Snarki, child of Loki on June 29, 2010 at 11:00 AM | PERMALINK

Howard, no one (certainly not me) doubts what you say is true about Hatch in general and in particular that he would not vote for Justice Ginsberg today. I can't stand the SOB.

However, the question was "Would they have voted to confirm Ruth Bader Ginsburg, who was approved on a 96 to 3 vote in 1993?"

The question was posed in past tense, not present tense.

Posted by: anon on June 29, 2010 at 11:08 AM | PERMALINK

I have said for a while that the current crop of Republicans want to repeal the progressive era... if you ask them about elements... like child labor laws... they will back off. But, the practical effect is to return us to the moral and regulatory env of the late 19th century without the manners or style or compassion.

How many unemployeed people has Kyl fed lately?

Posted by: KurtRex1453 on June 29, 2010 at 11:53 AM | PERMALINK

Watching these ignorant unreconstructed southern traitors - like Jeff Sessions - going after Thurgood Marshall was enough to make this veteran of the civil rights movement want to "consult my Second Amendment remedies." These people are the exact same Enemy that Marshall fought all his life.

Hatch obviously hasn't shed any of the beliefs he gained growing up in the white supremacist Mormon Church.

That the Confederate parasite in American politics has taken over the party that originated to oppose the slaveocracy and all their works is one of the great political ironies of American history.

Posted by: TCinLA on June 29, 2010 at 12:00 PM | PERMALINK

Marshall was a strong liberal judicial voice akin to Brennan ... many Dems didn't vote for Alito; it would be perfectly normal than for Republicans to not vote for a Marshall. When he was up for nomination, his record focused on civil rights. But, opposition to him as a justice in no way is limited to that.

Posted by: Joe on June 29, 2010 at 12:35 PM | PERMALINK

Isn't Republican Jeff Sessions the KKK loving apologist?

At least Byrd had the good sense to repudiate his racist past and repeatedly act on behalf of expanding civil rights.

As for Reagan?

Would modern-day Republicans have voted for an addled Hollywood/salesman who was too-weak-to-serve in the military?

Well...

The modern-day Republicans are getting their collective tails yanked by a cultish drug-addled 'rodeo clown' who regularly cites an even crazier cultish fanatic who stood with those that claimed that Republican Dwight Eisenhower was a communist (see, Beck's adoration of Cleon Skousen).

Sooo... it's hard to tell what the easily conned right-wing would or wouldn't do if they had a compelling enough authoritarian leader in charge, even if that authoritarian leader was a drug-addled rodeo clown who rewrites history in ways that make the script of "Lost" seem sensible.

Posted by: Annoyed on June 29, 2010 at 6:07 PM | PERMALINK




 

 

Read Jonathan Rowe remembrance and articles
Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for Free News & Updates

Advertise in WM



buy from Amazon and
support the Monthly


Place Your Link Here

--- Links ---

Boarding Schools

Addiction Treatment Centers

Alcohol Treatment Center

Bad Credit Loan

Long Distance Moving Companies

FREE Phone Card

Flowers

Personal Loan

Addiction Treatment

Phone Cards

Less Debt = Financial Freedom

Addiction Treatment Programs