Dahlia v. Dellinger

I adore Dahlia Lithwick, Slate.com’s Supreme Court writer, and therefore, I’m enjoying her annual back-and-forth with Walter Dellinger over the Supreme Court’s big end-of-term decisions this week.

Roberts goes to great lengths to insert meaning into the silliness of the words on the student banner. He insists the phrase “Bong Hits 4 Jesus” can be read as “celebrating drug use”; indeed to get there he needed only insert the imaginary words, “bong hits [are a good thing].” When did we enter into the era of constitutional interpretation through inserting pretend words? The sign could have as easily been read to say “bong hits [will kill you].”

[A]fter today, a majority of the court believes students can hold up banners that say “legalize drugs,” but not banners with strings of random drug words unconnected by a verb. Attention students: You can still be political at school. But the Constitution stops protecting you the moment you cross the line into merely weird.

Bong hits 4 Jesus? Bong hits for me!!

Oh, For a Helicopter

New Jersey’s two Democratic senators, Frank Lautenberg and Bob Menendez – the latter of whom is in a tight race against Republican Tom Kean, Jr. – both voted for the president’s awful torture/enemy combatant/habeas-corpus-stripping bill yesterday.

If I were still a New Jersey resident, I would consider not even voting for U.S. Senate this year. If Democrats can’t stand up for themselves, they don’t deserve to control either house of Congress.

Except.

Except that Glenn Greenwald makes an excellent point.

But a desire to see the Democrats take over Congress — even a strong desire for that outcome and willingness to work for it — does not have to be, and at least for me is not, driven by a belief that Washington Democrats are commendable or praiseworthy and deserve to be put into power. Instead, a Democratic victory is an instrument — an indispensable weapon — in battling the growing excesses and profound abuses and indescribably destructive behavior of the Bush administration and their increasingly authoritarian followers. A Democratic victory does not have to be seen as being anything more than that in order to realize how critically important it is.

A desire for a Democratic victory is, at least for me, about the fact that this country simply cannot endure two more years of a Bush administration which is free to operate with even fewer constraints than before, including the fact that George Bush and Dick Cheney will never face even another midterm election ever again. They will be free to run wild for the next two years with a Congress that is so submissive and blindly loyal that it is genuinely creepy to behold.

Greenwald also makes the point that Supreme Court Justice John Paul Stevens is 86 years old, so Bush might get another court appointment in the next two years. If the Republicans keep the Senate and Stevens dies or becomes incapacitated, then Bush can get nominate whomever he wants in his place, meaning that “the Supreme Court will be composed of a very young five-Justice majority of absolute worshippers of Executive Power — Thomas, Scalia, Roberts, Alito and New Justice — which will control the Court and endorse unlimited executive abuses for decades to come.”

Or, as she puts it:

Imagine you are stranded on your roof in rising floodwaters. Sooner or later you’re going to drown if you aren’t rescued. Yet you refuse to be rescued in an old rowboat because it might be leaky and you are waiting for a helicopter.

Well, folks, the Dems are the rowboat, and there ain’t gonna be a helicopter.

Sigh.

Spineless Democrats

Yes, and yes.

I love the first link. Read the whole thing. Here are the first few paragraphs.

Effective immediately, the Democrats will be known as the lyin’-ass boyfriend party – the perfect date for progressive voters looking to be stood up, bullshitted blind, or left holding the tab.

For five years now it’s been “Please baby, baby, baby, please! I’m sorry I was a no-show last time, but hey, that was because I was working overtime to save up to do something extra special for next time, which is the really big event – right, baby?”

Last April, when the Democrats backed away from filibustering extremist appeals court nominees, it was, “Don’t you fret, baby. We’re not going to go to the mat over small fry like Owen, Pryor, and Brown because we’re saving the filibuster for the big one – you know, the Supreme Court, baby.” Months later, Democrats folded rather than fight John Roberts, the young-ish yes man with a penchant for executive privilege and a wife who used to head an anti-choice organization. After all, they said, they needed to save their energy, and the filibuster, for the next Supreme Court nominee, who would undoubtedly be worse.

Well, baby, the moment of truth has arrived. It’s Alito-time, and the lyin’-ass boyfriends are backpedaling again. Why aren’t they going to raise a ruckus this time? Aw, baby… the filibuster is just so darned hard to use with only 45 senators! And what’s the point of trying to do anything until we’ve recaptured the Senate or the White House?

I have terrible news for the Democrats: being the minority party is not their real problem.

As I said: continue reading.