Watch The Fireworks But Mind The Thieves Around You

Sandra surprised us by leaving the Supremes before Renquist, but it was a matter of time before we faced the music. We knew what was in store for us on November 3rd, 2004. Renquist, a very conservative justice, may be replaced by another arch-conservative so this wouldn't change the balance on the high court. But, with O'Connor retiring, the balance may shift. The Democrats in the Senate have to stick together and try to get someone "moderate" to replace her. Unfortunately, we are not dealing from a position of power, as the Republicans control all branches of the federal government, so, friends, don't expect anyone even remotely close to our progressive views. That's why I called the last election the Armageddon election. The federal justices get life-time appointments, and their rulings can shape politics, law, and our own social agenda for generations.

Bush has had plenty of time to think about these possibilities. This is going to be a well-planned, orchestrated effort from the right. Watch their talking heads for the next couple weeks. It will reveal their strategy. They've already started by painting O'Connor a "liberal!" In my estimate, the rhetoric will escalate and several names of extremists will float around as potential nominees. Those extremely conservative persons will enable Bush to "play fair" and to nominate a less extreme but nonetheless a very conservative judge to the Supreme Court.

Clinton consulted with the Senate Republicans before appointing Ruth Bader Ginsburg in 1993. Orrin Hatch (R-Utah), then senior Republican on the Senate's Judiciary Committee, appreciated the president's candor and said of Ginsburg, "she's going to make an excellent justice!" The Senate confirmed her by 96-3! Later, Hatch expedited Justice Breyer's appointment too. In his autobiography, Hatch even takes credit for suggesting these two to Clinton! The big Bubba tried to build a consensus and nominate persons with a greater acceptance, not lunatics of any stripe or inept jurists. Don't expect the same from the current president. Bush deals in-your-face politics. We've seen this already. He has renominated previously-defeated extremist judges for federal courts; he has shown that he has no interest in consulting with the Democrats. And, he's using his minions, like Hastert, Delay and Frist, to shove legislation through, operate in secret, pass laws with no congressional review, and evoke the "nuclear option" to destroy the opposition and the Senate's role as a deliberative body.

Despite all the crazy talk about the flaming liberals who want leftist extremists on the federal bench, the fact is that the Democratic presidents have nominated mainstream, able jurists. That's not the case with Republican presidents. Do you remember Robert Bork and Clarence Thomas? Or, the recent appointment of extremists like Pryor, Brown, and Owen? Now, the name of "Mr. Torture is OK" Alberto Gonzales is being mentioned to replace O'Connor or, later, Renquist. Who's bringing in the lunatic fringe? But, unfortunately, the lunatic fringe is not marginal any more. It has influence and power and it is increasingly becoming the sturdy political base for Bush and the far right Republicans. It will remain so until the American voters render a severe verdict next year and move the country back to the center.

I've learned that last week the fundies established a "war room" to push for a religious conservative nominee! Coincidence? I don't think so. At any rate, the far right has been preparing to change the Supreme Court. We have to respond. Be creative, get involved. Here's how you can contact your senators, and here's how you can help the campaign to Save the Court as well as links and information from the People For The American Way.