Glenn argues for appearances, false ones in this case. It has been a fundamental disagreement I have had with just about everyone - the Supreme Court is not above or detached from the political and ideological battles of the Nation. It is part of them. The Supreme Court is, in fact, a political institution. Pretending it is not has been extremely damaging - particularly during the confirmation processes. Glenn writes:
The Court's pronouncements on (and resolutions of) the most inflammatory and passionate political disputes retain legitimacy only if they possess a credible claim to being objectively grounded in law and the Constitution, not political considerations.
(Emphasis supplied.) This is absurd to me. The Justices act in ideological and political ways all the time. And doing so does not mean their actions are not "grounded in law and the Constitution." Instead it means it is grounded in their ideological and political views of what the law and the Constitution mean.
It has been my fundamental argument regarding the confirmation process that nominees should be required to discuss in depth their ideological and political views as applied to issues likely to be before the Court. Glenn and just about everyone else decries this approach, arguing for the need for the appearance of objectivity over the reality of knowing what nominees would do if they sat on the Court.
It is the forwarding of a fundamental falsehood - that Justices do not know how they will decide on certain issues until they hear the cases. This is, well, a lie. There is nothing surprising about the Citizens United decision and the Justices who voted for and against it.
It is silly to pretend that the Justices did not bring their preconcieved notions to the questions presented. We should know what these views are BEFORE the Senate decides whether to confirm nominees, not pretend that they will be objective. They won't be. False appearances do not serve any interest.
It is also ridiculous to think that Alito's actions lift the veil on anything. Alito voted with the majority in Citizens United. Obviously he disagrees with President Obama's characterization of the decision and its likely consequences. His actions confirm what his vote told us.
This is a tempest over nothing. Indeed, the tempest is, in my view, much more harmful than the actions.
Speaking for me only