Alito and Roberts: Evasion Confirmed

John G. Roberts decision in <i>Oregon</i> should alert us to the danger of confirming Samuel Alito to the Supreme Court.

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One decision doesn’t make a career, but an alarm should have sounded when Chief Justice Roberts joined Antonin Scalia and Clarence Thomas in overriding the will of Oregon voters and attempting to overrule Oregon’s Death With Dignity law. Although the Court’s current majority sustained the law, this was the first major split decision of the Roberts court. And by contradicting all his fine-sounding phrases about Federalist principles (much as the five justices did in Bush v. Gore) Roberts made clear that his
political beliefs will guide his interpretations. If there are doubts about his agenda, and where his loyalties lie, I’d suggest that this should bury them.

Many of us believed this would happen when we urged a no vote on Roberts. But he was well-spoken and pedigreed, praised moderation at every turn, and evaded the hard questions. The Democrats never mounted a serious challenge. Now the Senate faces Alito, who has left a far more unambiguous trail supporting centralization of executive power, incursions of government into private life, and the right of corporations to avoid oversight and regulation. After hearings that illuminated nothing except his ability to play dodge ball, he’s likely to receive considerably more negative votes. But for the moment, the Democrats are still hesitant to filibuster.

The Oregon decision should remind them of the stakes. It should remind any Republicans who’d remotely lay claim to the attribute of “moderate.” It should give an incentive to challenge the nomination with every tool available, including the filibuster-particularly in a time when Bush has squandered his political standing through his own evasions, incompetencies, and lies. Just as valuable New Deal programs like the National Recovery Administration and Agricultural Adjustment Act were struck down by a court that was the legacy of Presidents Hoover, Taft, and Harding (some of whose justices also opposed progressive taxation, the minimum wage and any attempts at corporate regulation), the confirmation of Alito and Roberts could cast a shadow over American politics for the next thirty years.

As the Oregon opinion reminds us, the threat of Alito’s nomination isn’t abstract. It’s a clear and present danger that can only be stopped by our Senators finding the courage to challenge an administration that respects only power. That means using the filibuster to talk about the assaults by this administration and their judicial surrogates on our democracy and on our ability to address our most urgent common problems. If not now, then when?

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WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

Wow.

And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

About that: It’s unfathomably hard in the news business right now, and we came up about $28,000 short during our recent fall fundraising campaign. We simply have to make that up soon to avoid falling further behind than can be made up for, or needing to somehow trim $1 million from our budget, like happened last year.

If you can, please support the reporting you get from Mother Jones—that exists to make a difference, not a profit—with a donation of any amount today. We need more donations than normal to come in from this specific blurb to help close our funding gap before it gets any bigger.

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