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Bush or Gore: Does It Matter? | The Nation

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Bush or Gore: Does It Matter?

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On most issues, the differences are even more pronounced. Take the question of the courts. Critics of the Democrats often point out that some of the more liberal Justices on the Supreme Court have historically been appointed by Republicans. That would be comforting if Gore were running against Dwight Eisenhower or Gerald Ford. George W. Bush's judicial heroes, however, are not Earl Warren or John Paul Stevens. They are Antonin Scalia and Clarence Thomas, and there is no reason to think his appointments would be any less reactionary. The conservatives currently enjoy a 5-to-4 majority on most decisions and have been winning their arguments by a single vote in recent years to an unprecedented degree. Because the next President is likely to pick at least two and possibly three new Justices, this slim conservative majority will become a decades-long right-wing hegemony should Bush win the election. The "strict constructionists" favored by Bush would most likely overturn Roe v. Wade and destroy women's right to a safe and legal abortion. (The Constitution does not mention abortion, after all.) They would strike down federal protections against discrimination for disabled people, for people of varying sexual orientation and for people benefiting from almost any form of affirmative action. Privacy rights would also be considerably truncated, while the rights of corporate and commercial speech would be expanded--thereby dooming any future campaign finance reform. Laws on gun control and tobacco regulation would be weakened, as would laws that allow such agencies as the EPA and OSHA to protect workers, consumers and local communities from corporate rapacity. The entire body of US law, according to Cass Sunstein, would be pushed closer to its pre-New Deal status, implying "significant and possibly historic changes in the meaning of the Constitution." And given the Supreme Court's power of judicial review, there wouldn't be a thing Congress or the President could do about it.

About the Author

Eric Alterman
Eric Alterman
Eric Alterman is a Distinguished Professor of English, Brooklyn College, City University of New York, and Professor of...

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In a Bush presidency, minority rights would suffer from far more than just Court decisions. Like his father, "W" appears motivated less by animus than by cowardice. But even the most compassionate conservative Republican has no incentive to upset his core Christian constituency by extending--or even accepting--many of the gains of the past decade for gays and lesbians. (Barney Frank quips that the gay "Log Cabin" Republican group, with whom Bush declined even to meet, is so named "because they're all Uncle Toms.")

Meanwhile, to argue that there is no significant difference between the two candidates on racial matters is to argue that blacks, Latinos and others are the victims of a grand hoax to which white leftists are somehow immune, since minority support for both Clinton and Gore has been rock solid. Speaking at The Nation's forum on the eve of the Democratic convention in LA, Representative Jesse Jackson Jr. explained that while "some of us are making decisions from the perspective of philosophy and the luxury of our comfortableness, and how we are personally situated in the economy...there are other members of our coalition, who are not here, who have everything at stake." To take one small example of the issues in question, California State Senator Tom Hayden observes that a Gore presidency could lead to effective Justice Department measures to curb crimes committed on a systematic basis by law enforcement officers, while George W. Bush has complained of the Justice Department's "overaggressive" police brutality investigations. This is, notes Hayden, "the kind of difference you just can't responsibly forget."

Consider also the twin scourges of gun violence and tobacco peddling to minors. Gore supports a plan that would force gun owners to take a course and get a photo license, just as they must now to drive a car. Using language and imagery borrowed from the NRA, Bush likens such a plan to a Big Brother-like first step to taking all guns away from law-abiding citizens. Gore wants to close a loophole that exempts buyers at gun shows from required background checks. Bush does not. Gore says he would like to ban so-called Saturday night special handguns, limit purchasers to one gun a month and re-impose the Brady Law's waiting period for gun purchases. Bush would do none of this. In the event of a Bush victory, NRA leaders have said they may seek a national law permitting concealed weapons similar to the one the governor signed in Texas. Charlton Heston and company would also go after a Texas-style "lawsuit protection" bill for gun makers. Both are inconceivable under a Gore presidency.

Regarding tobacco, Gore vowed in his convention speech to "crack down on the marketing of tobacco to our children." And indeed, since the $250 billion settlement pursued by the states with the industry, the Justice Department has been pursuing a racketeering lawsuit, seeking to recoup hundreds of billions of tax dollars spent on treating sick smokers. Bush, heavily funded by tobacco companies, failed to support his state's participation in its antitobacco lawsuit, which eventually added $17 billion to the Texas treasury. As Ralph Reed proudly bragged in National Review, Bush "filed a brief to deny a group of trial lawyers a multibillion-dollar payoff as part of the state's tobacco settlement," even after the companies conceded.

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