Issue 32: NATIONAL ACTION

The biggest story of the weekend is the retirement of Sandra Day O’Conner. Isn’t it a pity that we now look at her as one of the more LIBERAL more REASONABLE judges? This shows how far to the extreme right Bush has taken us. We now fear a MORE right wing judge to be appointed to fill the vacancy. I even hear people speculate that Ashcroft or Gonzales may be Bush’s choice.

The left is fully mobilizing to take on Bush if he appoints someone too extreme. Here is MoveOn.org’s action:

Its rumored that Bush will nominate a replacement as quickly as this Tuesday. In the next few days Bush, the Senate and the media will all be will be listening very carefully—gauging the public reaction to this vacancy and deciding how far they can go.

That's why we've launched an emergency petition calling on our Senators to do what it takes in the crucial weeks ahead to protect our rights. We're aiming to deliver 250,000 signatures and comments by Tuesday. Please add your voice today!

From the Patriot Act to the Terri Schiavo tragedy, in the last four years the Republican leadership has exploited every opportunity to attack the basic American right to keep our private choices private, and to make personal decisions without government intrusion.

This vacancy could represent the biggest threat yet.
The only clear indication from Bush about who he might nominate is that he intends to follow the example of his two "model" judges—Clarence Thomas and Antonin Scalia.1 These two have weighed in from the far-right fringe for decades, and another judge in their mold could shift the balance on the Court significantly.

Below are just a few examples of landmark cases where Scalia or Thomas voted against O'Connor to try to strike down core rights and freedoms. In many cases if they had one more vote they would have succeeded.2

Worker's Rights: Nevada Dep't of Human Resources v. Hibbs, which protected the right of workers to care for newborn children or gravely ill family members.

Women's Rights: United States v. Virginia, which allowed women to attend all publicly funded schools. (C'Connor was not on the Court at the time of Roe v. Wade, but has opposed Scalia and Thomas on reproductive freedom issues in such landmark cases as Planned Parenthood v. Casey)

Church and State: Locke v. Davey, which ensured that states could not be required to fund religious training.

Envrionmental Rights: Friends of the Earth , Inc. v. Laidlaw Environmental Services (TOC), Inc., which protected citizens' rights under the Clean Water Act to sue against the illegal dumping of mercury and other toxins.

Civil Rights: * Dickerson v. U.S., which upheld the "Miranda" guarantee that people accused of crimes are read their rights. * United States v. Fordice, which protected the rights of those still suffering from the effects of state-enforced racial segregation. * Grutter v Bollinger, affirmed the right of state colleges and universities to use affirmative action in their admissions policies.

Civil Liberties: Hamdi v. Rumsfeld, which blocked the government from indefinitely detaining American citizens without charges, an attorney, or any basic rights.

On Capitol Hill, today's resignation unleashed a swarm of right-wing fringe groups and corporate lobbyists pushing for a nominee who will favor narrow prejudice and greed over the rights of the American people.

If we can deliver 250,000 signatrures and comments by Tuesday, we can make sure the voice of ordinary Americans can compete with this swarm and tell our senators to stand up for our rights.

Please sign today.

Thanks for all that you do.

Ben, Joan, Justin, Eli and the MoveOn PAC Team
Friday, July 1st, 2005

P.S. As soon as we heard about the resignation, we put an ad on the air calling for Bush and the Senate to protect our rights and not nominate an extremist. You can check it out HERE.

If you like it, help us keep it on the air by donating to keep it on the air.

Footnotes:
1 NBC's Meet the Press, November 21, 1999
2 Case history courtesy of People for the American Way.

And here is what Americans for Democratic Action has to say:

The implications of Justice O’Connor’s resignation could be monumental given the delicate balance of the current court, her oft important swing vote on key issues, and the Bush Administration’s penchant for nominating right-wing ideologues to the bench.

ADA will continue monitoring this latest development and will act with our liberal allies in fighting for a fair and balanced federal judiciary.

ADAction: Keep updated on the latest developments at ADA ACTION and urge President Bush to embrace consent over confrontation when choosing his nominee to replace Justice O’Connor.