-Caveat Lector-

http://www.thenation.com/doc.mhtml?i=20010820&s=sarasohn



 August 20, 2001
Impeach the Supremes
COMMENT
August 20, 2001

Impeach the Supremes

by David Sarasohn


Some people just don't believe in getting over it.


[See the above URL for "MORE ABOUT...David Sarasohn, Supreme Court,  U.S.
Politics & Government]


In June, Charles Porter, 82--who left the House of Representatives just as
George W. Bush was entering prep school--proposed a resolution to the
Oregon Democratic Party calling for the impeachment of the five Supreme
Court Justices who awarded the White House to Bush. The party wouldn't go
quite that far. But it did officially resolve: "The Democratic Party of
Oregon supports the immediate investigation of the behavior of the US
Supreme Court Justices Anthony Kennedy, Sandra Day O'Connor, William
Rehnquist, Antonin Scalia and Clarence Thomas, for decisions in December
that led to Americans being denied their right to choose a President of the
United States."

The Oregonians, the first (and so far only) state party to make such a
statement, then bannered the resolution on their website (www.dpo.org).
"I've got to tell you, I'm surprised," says Oregon state Democratic
chairman Jim Edmunson. "There's been a large amount of interest. We've had
e-mail, letters, contributions from people all over the country. It's like
the movie Network: 'I'm mad as hell, and I'm not going to take it
anymore.'" The Oregon Democrats' website now includes hundreds of letters
seconding their resolution, people writing "thank God some Democrats found
some cojones" and, of course, "I refuse to get over it."

Paul Behrenndt, Democratic chairman of neighboring Washington, has sent the
resolution around to other states. The Democratic committee of Ocean
County, New Jersey, has posted the resolution on its website, as has
Democrats.com, an organization of 25,000 party activists.

Where there hasn't been a response, concedes Edmunson, has been from any
member of Congress. "The silence is deafening," he says. "The only people
who haven't responded are the people who could do something about it."
Edmunson's own Democratic Congressman, Peter DeFazio, former chairman of
the House Progressive Caucus, sympathizes with the resolution but isn't
about to go leaping to his feet in the House. "The Supreme Court is
political. It's not a long stretch to see that they made a political
decision. There are a number of right-wing political hacks who have been
named to the Court, and they made a bad decision," says DeFazio. But, he
says, "I can assure you that [House Speaker] Dennis Hastert, who won't even
consider my proposal for a bipartisan commission to consider election
reform, is not about to sanction a resolution to investigate the Supreme
Court."

One prominent figure in the 2000 election--the one who finished third--also
has doubts about an investigation. "They wouldn't be able to get across the
separation of powers," says Ralph Nader. "The Court is not going to address
subpoenas."

Still, even if it's unlikely that George W. Bush's White House will be
repossessed, there are indications--for example, the attention paid to
recent books on the Court's action by Vincent Bugliosi (based on an article
in The Nation) and Alan Dershowitz, and an article in the Yale Law
Journal--that the election that wouldn't end might still be alive in 2002,
and even 2004. Stirring up the troops, instead of setting off a
constitutional crisis, seems to be about what Edmunson expects. "This was
just a glorious middle finger in the wind," says Edmunson. "The best thing
you can do with your middle finger sometimes is poke someone in the eye
with it."


TheNation.com
© 2001 The Nation Company, L.P.


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