Sunday, November 06, 2005

How to Win the Supreme Court Debate

Okay, the Midget has invited me to contribute to his Blog, and I feel obligated to do so. I suspect that many of you are, like me, compelled to interact on a daily basis with people whose sole source of news is Rush Limbaugh and/or Fox News. As someone whose sole source of news is The Daily Show and this Blog, I find myself rendered speechless by the things people seem to believe. The problem with being a liberal is that, often, our views are hard to express in a single, 15-second soundbite. This is seldom a problem for Republicans. Thus, in order for us to survive the breathtaking simplicity of their arguments (a simplicity that is only enhanced by the inaccuracies contained therein), we sometimes need simple talking points to extricate ourselves. A trump card, if you will, that allows us to silence the Dittoheads whose yammering is the cause of so many liberal Execedrin(tm) headaches. And so, herewith, your talking points for winning the Supreme Court Debate.

In order to win the Supreme Court debate with any Republican, you need only remember two words: Richard Posner. Posner is a judge in the 7th Circuit Court of Appeals, and was the chief judge of that circuit for 7 years. Widely regarded as a brilliant jurist, Posner has been called one of the most influential judges in the last 20 years. No one has ever accused Posner of being an "activist" judge. And Posner's writings on the relationship between economics and law would comfort most big businesses. And yet, 2 generations of Bushes have passed over Posner in favor of, in order, the brilliant Clarence Thomas; John Roberts; Harriet Miers; and now Sam Alito.

Any rational person would ask "Why, in the name of your Protestant Born-Again God, have you not given this man a chance?" And the answer is both simple and telling. Posner is Pro-Choice, and he's an atheist. Now, Bush II said he wouldn't use abortion as a "litmus test" for judicial, nominees, and Bush II never lies, so we must assume that had nothing to do with Posner not being nominated. And the Constitution, which both Bushes are such fans of, mandates a separation of church and state, so Posner's atheism can't have anything to do with it. So, if what we really want here is the best qualified person for the job, why has Bush II not nominated Posner?

If you can find a Republican who can answer that question, let me know. I'd like to meet them.

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