The Liberal Patriot

Ruminations - January 15, 2007

Looking Back to Hill/Thomas and Bush v. Gore and Why Confirmation Hearings Don’t Work

One lesson to be learned from the Alito nomination and hearings is the degree of disconnect between civil society and the American population at large.

The ethics questions raised about the panel of judges from the 3rd Circuit, Alito's colleagues, who came to offer their endorsements, are a non-issue in comparison to the ridicule they heaped upon themselves in their various presentations. The bombast! The transparent self-regard! They gave the Senators a run for their money. They came forward for their few moments on the floor, to declaim, to offer their small stories. The stories actually revealed the limits of their lives, the limits of their own experiences as career lawyers or as career judges. Notions of collegiality, pleasant experiences at work or in the coffee shop over lunch should not trump judicial philosophy.

There was never going to be a filibuster. If anything the notion that the nomination would fail is akin to the delusory feeling we all had that Kerry would actually win the 2004 election.

Surprising, however, is the faith that people still seem to put into the hearings themselves. After Clarence Thomas/Anita Hill, and after Bush v. Gore, why isn't there more cynicism? Why do we continue to believe that the process works?

How strange that the Hill/Thomas hearings, as they are now universally called, failed to register the breakdown of the process those hearings exposed. Thomas should not have been confirmed. He sits on the Supreme Court as the living embodiment of the injustice of the judicial machine. We now know from other women who came forward after he was confirmed that he lied to the committee and to the American public about the charges against him. He perjured himself. As Senator Schumer has showed in the last two hearings, he lied about his judicial philosophy. The Thomas confirmation showed how false the process was, the extent to which is does not work.

And yet, we still hoped that the Dems would be able to mount a defense against Alito?

Then, there is Bush v. Gore, which showed just how unjust the Supreme Court itself has become. Even Robert Bork has said the decision to even take that case tarnished the Court irreparably. It was the beginning of the end. \

Ed: The above was stolen from Palladio on Daily Kos (Open Thread , January 15, 2006 04:43 PDT) I hope he doesn’t mind as he/she did not post and an e-mail address to ask permission to do so.

Confirmation hearings do not work because.....

Confirmation hearings were once, a long time ago contentious affairs spiked by the open often rancorous excoriation of ideological nominees, by legislators on both sides of the aisle. Senators were once zealous, independent, outspoken advocates of the interests of the citizens in their own districts.

Senators once looked forward to time away from the chaotic temperamental atmosphere of the senate chamber so they could do their jobs at home and meet with their constituents of all stripes and economic positions. They did not just go home to attend $1000 a plate dinners and hob knob with wealthy supporters. They went to the VFW, the Elks lodge, the Grange hall, ball games, bowling alleys and walked the streets to listen to those that elected them.

Then they returned to the Senate to build consensus with members whose constituents expressed similar concerns and opinions as their own.

It does not work today because of fallacious, wus like political correctness, outright timidity, loyalty to and abject fear that they might offend the powerful interests that fund their bloated campaign funds and line their pockets.

It does not work because too many Americans have given up on believing that their Senators understand or give a darn about the trials, struggles and tribulations they face in their daily efforts to survive in a failing economy and an economic model that has tossed them aside as nothing more than canon fodder for wars for the economic self interest of the a few billionaires and sees them as nothing more than pawns in a global race to bottom of the wage scale so their jobs can be outsourced for greed instead of a sensible model of non-hegemonic national self interest.

It does not work because our government has become so complex, so self serving that Americans struggling for the survival of their families and eroding lifestyles cannot possibly find the time to understand how government works today or does anything but smoke screen them with meaningless, disingenuous and never ending debates about issues that have little impact on their lives like, pro-life vs. pro-choice, to clone or not to clone, freedom for Iraq, gay marriage and others.

I does not work because Americans know that their government has come to so fear them and the threat their interest pose to the perpetuation of the vast concentrated wealth that sustains its anti-freedom globalistic goals and imperialistic free trade doctrine that they dare not allow a judiciary that would rule in favor of individual rights ahead of corporate rights.

They know that they are powerless to influence their legislators in the face of the billions of dollars of influence tossed around their Capitol like so much Halloween candy by lobbies funded by immense corporate coffers. The Senate and House know this too.

It does not work because our government and our legislature does not give a damn about the real America or has become so detached from it that they can't see beyond their own bank accounts, and Americans along with Senate know it too.

It matters not if the confirmation hearings are for judges, cabinet posts or independent agency heads…the practice, the issues with the process and its predetermined outcome, for the same reasons is the same.

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