[CTRL] A Moderate Wouldn't Make Appointments Like These

[William Shannon]

http://www.commondreams.org/views01/0220-03.htm



A Moderate Wouldn't Make Appointments Like These

by Robert Scheer

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It may be legal, but it's still a coup d'etat. The nomination of Theodore B.
Olson to be solicitor general, a position of such influence that it is often
referred to as "the 10th member of the Supreme Court," affirms that President
Bush has turned the U.S. judiciary over to the far right.

We can't say we weren't warned when Bush, during the campaign, named Clarence
Thomas and Antonin Scalia as his role models for future judicial
appointments. They returned the compliment by obediently bowing to the
arguments of Bush's lawyer, Olson, that abruptly stopped the vote counting in
Florida, thus handing the election to Bush.

Once in office, Bush quickly appointed three of Thomas' closest personal and
ideological buddies to head the judicial branch of the U.S. government. Newly
minted Atty. Gen. John Ashcroft made that point when he rushed off to Thomas'
chambers to be sworn in out of the public eye. Then came the appointment of
Larry Thompson, who had defended Thomas in his stormy confirmation hearings,
as deputy attorney general. Then the piece de resistance: Olson.

While newspaper editorials praised the Bush administration for its moderate
style, the often mute Thomas emerged from the shadows to celebrate the far
right's triumph. At a conservative dinner soiree, Thomas issued a militant
call to arms decrying "an overemphasis on civility." Indeed, instead of being
civil to those with whom he disagrees, we had the unseemly spectacle of a
Supreme Court justice calling for ideological war: "The war in which we are
engaged is cultural, not civil." He chided moderates in his own party saying
he was "deeply concerned because too many [conservatives] show timidity today
precisely when courage is demanded."

Surely he wasn't referring to the president, who has given the GOP right
wing the prize it really wanted: control of the judiciary. Clearly, the
intention is to use the powers of the state to pursue the right's social
agenda while virtually dismantling the federal government as a force for
social justice.

The choice of Olson as solicitor general seals the right wing's seizure of
power. But it could not have happened without the denigration of the Clinton
administration and its threat to marginalize the right by moving politics
back to the center. Key to the effort to destroy Clinton was this same Olson,
who will now represent the U.S. government in cases involving affirmative
action, the environment and women's rights. Guess what side of those issues
Olson has represented in the past?Olson, a member of the board of directors
and legal counsel for the extreme right American Spectator magazine, was a
principal figure in smearing Clinton even before the man was elected to his
first term. The magazine used $2.4 million provided by far-right billionaire
Richard Mellon Scaife to dig up dirt on Clinton in what started as
Troopergate and ended up propelling the Paula Jones case to the status of an
impeachable offense. It was this same Olson, a close friend of Kenneth Starr,
who coached Jones' attorneys before their successful request to the Supreme
Court to allow a civil suit to be heard against a sitting president.

Olson is one of those family values conservatives who evidently believes that
only wealthy women like his lawyer-talk show pundit third wife should work.
He argued unsuccessfully before the Supreme Court against a California law
that protected the jobs of women who took four months of unpaid disability
leave for pregnancy, terming it "destructive to women."

Olson had another major failure when in 1996 he argued against women being
admitted to the publicly financed all-male Virginia Military Institute on the
grounds that the school's character would be fundamentally altered. To which
Justice Stephen Breyer tartly replied, "So what?" One of Olson's unsavory
victories came when he got a federal appeals court to rule that the
affirmative action program for admissions at the University of Texas was
unconstitutional. An opponent of environmental protection, Olson has gone to
court to get sections of the Endangered Species Act declared
unconstitutional.

Now Olson and the other friends of Thomas are in a position to weigh in
heavily on future nominations to the court, and their own names will surely
head the list. These are lawyers who have devoted not only their professional
lives but their personal political activity to reshaping the court as an
activist vehicle to turn back the clock on the rights of women, minorities
and working people as well as to leave the environment open to corporate
exploitation.

By selecting this triumvirate to head the Justice Department, Bush has sent
the strongest of signals as to his intent to use the court to advance the far
right's agenda. So much for moderation.

Robert Scheer is a Times contributing editor.