Monday, October 16, 2006

Liberal Hysteria

In Quiet Revolution, Supreme Court reporter Dahlia Lithwick makes an unbelievable claim about what the post-apocalyptic world would look like:

"What would happen if Clarence Thomas and Antonin Scalia got their way? What is their vision for America? And if you say to people what their vision is: Say goodbye to worker's rights. Say goodbye to environmental protection. Say goodbye to women's rights. Say goodbye to the rights of the disabled. Say goodbye to all the progress we've made in terms of race and gender in this country, and privacy."

That's like saying if Roe was overturned, then abortion would be outlawed across the country.

Hat Tip to the good people over at Volokh.

Update: I finally watched the video, which I found to be unbelievably tendentious. They show how the "American people" opposed Bork, but neglect to mention how Scalia was confirmed unanimously. They attack the opposition on the to the constitutional right of privacy, but forget to tell us how Hugo Black, staunch defender of civil rights, dissented in Griswold.

The video makes it seem like "ultra-conservatives" (you know the people from which 3 out of the last 4 Presidents came from and the group that has controlled the House since 1994) have a clear plan to take over the country and impose their will by getting their people on the bench where they could actively entrench conservative values and overturn all the "progress" we made over the last 70 years.

They complain that judges Scalia and Thomas have a radical (!) view of the Commerce Clause (imagine saying the clause doesn't afford Congress plenary power) and that they support the President's view of the unitary executive (only partially true as anyone who read Scalia's opinion in Hamdi will know).

Put simply the video ignores context and eschews nuance and balance for the sake of emotion and politics. I'm sure conservative groups do the same thing, and send me a similar video and I'll bash it just as much.

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