Reality Smites
Here is my biggest current fear in a legal nutshell. It’s laid out succinctly by Jonathan Adler of Case Western Reserve Law School:
If a Senate with sixty Democrats would be wary of confirming an overt and unapologetic liberal — as this Senate has thus far been regarding the confirmation of Dawn Johnsen to the Justice Department’s Office of Legal Counsel — does this mean there is little political support for a progressive constitutional vision? It seems conservatives are winning the larger war over the judiciary, even if losing the battle over this nomination. President Obama’s nominee will be confirmed, but not because she embraced his philosophy of judging. Indeed, it seems she will be confirmed, in part, because she rejected it.
It’s all the more disheartening because, having read a number of her cases, I was fairly happy with how she reasoned through the results in many of them.
But we rarely got a glimpse of that Sonia Sotomayor. Partly, it’s because the questions focused on Ricci, the 2nd amendment and "wise Latinas" by design to obscure and blur the political lines on both sides of the aisle.
Which is exactly what worries me in terms of the Democrats and the Obama Administration’s legal strategy. Something Digby tapped into as well talking about the pitfalls of bipartisan kumbaaya.
You can win an individual battle, yet cede the larger war. And I worry we are doing just that, as Adler says.
Liberals should not be afraid to stand up and say they are liberal. Nor should we cower in fear over speaking in unabashedly liberal terms or fighting for the ideals that made us turn toward liberal politics in the first place.
Robyn Blumner made that exact point in a feisty op-ed regarding choice recently. It was an article that made me really stop and think about compromises and courage.
It made me turn back to one of my favorite JFK speeches:
. . . if by a "Liberal" they mean someone who looks ahead and not behind, someone who welcomes new ideas without rigid reactions, someone who cares about the welfare of the people — their health, their housing, their schools, their jobs, their civil rights, and their civil liberties — someone who believes we can break through the stalemate and suspicions that grip us in our policies abroad, if that is what they mean by a "Liberal," then I’m proud to say I’m a "Liberal."…
That’s only a small taste. Go read the whole of the speech.
I don’t know about all of you, but I’m placing a call to Harry Reid’s office [Phone: 202-224-3542 / Fax: 202-224-7327] today to ask about Dawn Johnsen’s OLC nomination. I haven’t had time to make my call this week, and I just know they are dying to hear from me about this…again. And I’m going to keep making those calls until she’s confirmed.
What will your act of liberal patriotism be today?
(H/T to reader WB.)








Morning all — Mr. ReddHedd already made the coffee. Life is good. How are thing with all of you?