Supreme Court of the United States and a PA Senator

During the now Chief Justice John Roberts Supreme Court of the United States [SCOTUS] confirmation hearings, I was on a conference call with Sen. Big Head Ed Kennedy. He's been on the Hill awhiles now and I suspect he's learned a thing or two. He told us that the two most important things they do in the Senate are confirming judges and voting on war. PA Democratic Senate candidate Bob Casey came out publicly pro Roberts and pro now Justice Samuel Alito. He also would have voted to go to war and currently does not believe that we should pull our troops out on a timeline. Progressive Democratic candidate Chuck Pennacchio has publicly stated that he was against the confirmation of Roberts and Alito. He was also against the war then and has been talking about withdrawal with a timeline since mid-2005. But getting back to what Kennedy said, I immediately understood what he was saying about the war vote, but the vote on judges taking such a prominence took a sec to sink in.

SCOTUS is the highest court in the land period. Appeals go through several rounds in the state, appellate and federal circuits and then, they sometimes make it all the way up to the top. Those decisions made at the top cannot simply be overturned. They remain there until another case can make it through the rounds to the SCOTUS all over again.

The justices and chief justice sitting on the bench, in their very serious all black garb, are there for life. According to Article II of the Constitution, they can only be removed by

Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors

Never has a SCOTUS justice been removed by impeachment. Approximately one in five makes it through the rounds of confirmation hearings and once they're there, the entire county is stuck with them. Following Presidents are stuck with them. The Congress is stuck with them. They are basically beyond reproach. Nemo me impune lacessit is a tattoo I think each one of them should get — it's a latin phrase I came across in high school while reading a Poe story for English class meaning: No-one provokes me with impunity.

Which brings me to the PA senate race. I think just about everyone knows where Sen. Man on Dog [a.k.a. Sen. Batshit Fucking Crazy] stands on the nominations of extremist judges Roberts and Alito so I need not discuss that at length. But the stealth candidate on the Democratic side, albeit Democrat In Name Only [DINO] in my opinion, likes to stay quiet on many subjects. But he opened up his word hole this time and during the confirmation hearings of the two most recent SCOTUS nominees, he came out guns a blazin showing his true colors. You could say that Casey was goaded into speaking out by Sen. Man on Dog, but I think the people have a right to know how their prospective Senator would vote on certain things. Things as rare and important as a SCOTUS confirmation high on that short list.

Based on his testimony and statements, Bob Casey believes Judge Roberts adequately addressed this concern

said Casey's campaign manager Jay Reiff.

Sen. Kennedy stated on Roberts: Based on the record available, there is clear and convincing evidence that Judge Roberts' view of the rule of law would narrow the protection of basic voting rights. The values and perspectives displayed over and over again in his record cast large doubts on his view of the validity of laws that remove barriers to equal opportunity for women, minorities, and the disabled. His record raises serious questions about the power of Congress to pass laws to protect citizens in matters they care about.

Dr. Pennacchio had this to say on Roberts:

The decision on backing or opposing the Roberts nomination has nothing to with the politics of "right and left"; it has everything to do with the politics of "right and wrong." As an historian, political scientist, and citizen-candidate with years of experience dealing with and teaching about our Constitution, I alone will not stand down from a fight over the core principles that embody our American system, including rights of privacy, choice, due process, judicial independence, and separation of church and state.

And then there was Alito.

Casey stated:

The arguments against Judge Alito do not rise to the level that would require a vote denying him a seat on the U.S. Supreme Court

The editors of The Nation had this to say on Alito:

Not since Robert Bork has the Senate encountered a nominee whose long record and fully articulated views so consistently challenge decades of progress on privacy, civil rights and control of corporations. And never in memory has a single nomination so threatened to redirect the Court as Alito's, which would replace the pragmatically conservative swing-voter Sandra Day O'Connor. Alito's opening statement before the Judiciary Committee is January 9, but his true testimony consists of fifteen years of rulings on issues from abortion to school prayer to immigration. That record demonstrates that Alito is at odds with the interests of ordinary Americans.

Dr. Pennacchio had this to say in October:

President Bush's nomination of Samuel Alito to the U.S. Supreme Court threatens equal rights for all Americans. Judge Alito's dissent in Planned Parenthood v. Casey clearly tells us there is a real danger that he would be the swing vote against a woman's right to choose. His record also indicates that he would not continue Justice O'Connor's legacy of protecting privacy rights, employee rights, and minority rights. The confirmation of Judge Alito would make the Supreme Court less diverse and tilt its ideological balance away from the mainstream towards the radical right.

As a U.S. Senate candidate and American historian, I am committed to preserving and strengthening the Supreme Court's role as the ultimate protector of our constitutional rights. The Alito nomination puts my Democratic primary opponent, Bob Casey, Jr., in the awkward position of having to choose between his consistent record of opposing abortion rights and the clear majority of Pennsylvanians, who want a Supreme Court nominee who will uphold the Roe v. Wade. My choice is clear. Based on my strong beliefs about the role of the Supreme Court, and the intemperate judicial philosophy of President Bush's nominee, I urge Senators to use all the power at their disposal to reject the nomination of Judge Samuel Alito.

Casey opposes universal healthcare, is anti choice, is against child safety locks on guns, is against equal rights regardless of sexuality, does not support withdrawal from Iraq with a timetable and he's also against expanding research of embryonic stem cells. All that and he's still running as a Democrat? Now that's a hard pill to swallow. And that whole "Well, at least he'll vote with the Dems when it comes to whack job judges" argument is out the window. I wonder how Sen. Chuck Schumer feels about these votes by his wonderboy candidate. He, a member of the Senate Judiciary Committee, voted against allowing both nominees see a vote on the Senate floor, that's how bad he thought they were. Could Casey go as far as to not vote for Sen. Harry Reid for Senate Majority Leader if he makes it to the chamber? There's really no telling.

To review: Chuck Pennacchio is the pro choice, pro child safety locks, pro universal healthcare, pro equal rights, pro embryonic stem cell research, anti war and pro withdrawal with a timetable. And he was against the Roberts and Alito nominations. Sounds like a true and true Democrat to me. Donate to the campaign here or specifically through the blogswarm via ActBlue here.

Conviction wins.