In 2008, for the first time in my experience, I felt like I was really voting for, rather than against, a candidate for president. Like many on the Progressive side of politics, the Obama experience has been mixed for me, with definite accomplishments to applaud, though laced with a series of disappointments.
The purpose of this diary, however, is not to rehash my own personal pro- and anti-Obama positions on various issues and administration actions. It is to declare that I will be voting for President Obama, and all other concerns aside, there is only one consideration that drives my decision. If you're curious as to what it is, follow me below the squiggle and I will try to explain.
So, what is my big overriding issue? It’s not very new or original (and certainly was also an important consideration in 2008), but nothing seems to me more critical to how things are going to unfold for decades to come than what happens with the Supreme Court. I am no SCOTUS expert, but looking at the current composition there is potential for a generational shift should a Republican gain the White House.
The four oldest members, presumably the closest to retirement, are Scalia for the extreme right, Kennedy for the mushy middle, and Ginsberg and Breyer for the liberal-ish side. The implications in replacing any of these four during the next presidential term are huge. On controversial issues, many decisions today come in 5-4, with Kennedy frequently a swing vote. Should a President Romney (shudder), Gingrich (ick) or Santorum (FSM forbid) be picking the next justice, replacing anyone but Scalia, you can be sure the 5-4s will tip in a dangerous direction. Give them another bite at the apple with a second retirement to lock in a reliable 6-3 conservative majority, and the term “activist judge” will take on new meaning.
Regardless who becomes President, a key factor will be whether the Democrats retain a majority in the Senate. Still, we already know how this scenario can be expected to play out in today’s political climate: a Republican president will pick as extreme a nominee as he can get away with (who will most likely lie to get confirmed), while a Democratic president will pick a safe choice (but probably one that adds diversity to the Court) to avoid the inevitable, vicious Republican obstructionism. But the bottom line is getting another Scalito or Roberts would tilt the Court so far to the rabid right that we will see decisions come down that further strengthen the security state and corporate power, while slowly but surely eroding or halting gains in civil and human rights.
Marriage equality is likely to land in the SCOTUS before too long. The right wing of this Court’s views of money as speech and corporations as people play no small role in the insane campaign finance and Super PAC world we are facing today. These are issues I care about, and realize that how the Court is set up may impact these and many other issues for the foreseeable future.
Ultimately, the political calculation for me is not really very difficult. No one who seriously considers him/herself progressive or liberal or whatever label you chose to represent a left-leaning politics could consider the theocrat, the sociopath or the automaton-who-stands-for-everything-and-nothing being offered by the Republicans. I have severe criticisms of Obama on a number of levels, but I’m not one to pick up my toys and go home just because he has failed to meet my expectations in numerous areas. Unfortunately, I will not be voting for him this time, but against the disaster promised by the other side. There are other issues that probably have as much significance as the fate of the SCOTUS, but I really don’t need to look any further to know this alone is important enough to me to pull the lever, while continuing to maintain a critical eye and keep putting pressure on the administration and Congress to do better.