There Is No Silver Lining

By Jack Newfield, David Helvarg & Jeff Chester

This article appeared in the December 9, 2002 edition of The Nation.

November 21, 2002

With the Senate, the House and the White House all under Republican control beginning in January, not only will issues of concern to progressives be far less likely to get discussed in Capitol Hill committee rooms but activists will have a much harder time making their voices heard in Washington. Here's a preview of what's ahead in three key areas.   --The Editors

Judiciary

The single biggest consequence of the new Republican majority in the Senate will be the confirmation of a herd of extremists to the federal bench. The flooding of the judiciary with activist, antichoice and Christian right judges was slowed as long as the Democrats held a 10-to-9 majority on the Judiciary Committee. Now the restraining dam has broken. Two days after the election a staffer for a liberal Democrat on the committee lamented to me, "This is a new world, a sea change. We are all still reeling. Our only hope now is to pick our shots and filibuster against the worst of the worst."

At a public hearing of the lame-duck Judiciary Committee, the incoming chairman, Orrin Hatch, gloated, "I'm quite sure that things will change markedly." An hour later two extremely conservative Bush nominees were approved: Dennis Shedd, who had never ruled in favor of a plaintiff claiming discrimination in almost twelve years on the bench; and Professor Michael McConnell. Shedd was confirmed after nine Democrats voted against him. The tenth, Joseph Biden, absented himself from the roll call in a parliamentary contrivance to allow confirmation--an action that suggests how many weak links there are in the potential filibuster strategy. Shedd was later approved by the full Senate.

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About Jack Newfield

Jack Newfield is a veteran New York political reporter and a senior fellow at the Nation Institute. He is the author of, among others, The Full Rudy: The Man, the Myth, the Mania (Nation Books) and, most recently, American Rebels more...

About David Helvarg

David Helvarg, a commentator on Public Radio International's Marketplace, is the author of The War Against the Greens (Sierra Club) and Blue Frontier: Saving America's Living Seas (WH Freeman; paperback edition due spring 2002 from Henry Holt). more...

About Jeff Chester

Jeff Chester is executive director of the Center for Digital Democracy (www.democraticmedia.org), a Washington, DC-based nonprofit. He is the author of Digital Destiny: New Media and the Future of Democracy (The New Press). more...
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