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Roberts and the Business Lobby

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In some ways, the progressive lobbying over Roberts is shockingly inept.  On top of the publicity by NARAL, groups like People for the American Way lead their criticsm of Roberts with issues like affirmative action, abortion and religion in the schools -- all issues that divide the electorate mightily -- while not emphasizing the most obvious point about Roberts, especially for the last decade of his professional life before becoming a judge.


He's a corporate lawyer who will bail out corporate rights at the expense of consumers and workers at every turn.

Forget Dobson's endorsement of Roberts, why aren't progressives harping on the National Association of Manufacturers endorsement of Roberts?  Here's what NAM said on their blog (BTW a better and more entertaining blog in an evil way than you'd expect):

"With more Justices like Judge Roberts on the Supreme Court", said [NAM President John] Engler, "We can begin to reduce the exorbitant cost of our legal system that today consumes ...an aamount that is more than 10 times as high as any of our trading partners." He praised Judge Roberts' intellect, experience, judicial temperament and understanding of the consequences of judicial decisions on business. Remember that some 80% of a federal judge's caseload involves issues with direct impact on manufacturers: torts, contracts, employment law, etc., not social issues.

We will now begin to work earnestly for his confirmation the only way we know how: by putting our backs into it. We will go to our members, inform them of this decision and urge them to weigh in with their Senators, especially in key states. If past is prologue, they will do it in droves. This is exactly what we did on class action, bankruptcy, the energy bill and CAFTA, will do it again here.

Note the emphasis-added line; hot-button social issues are actually a minority of cases decided by the Supreme Court, yet they get most of the ink spilled by the press and advocates.  But economic issues of liability and civil process in the courts ultimately decide if injured workers and consumers get their day-in-court or whether corporations can break the law and get away virtually scot-free.

I'm the last person to argue that progressives should ignore key issues of race and gender, but I also think that when we have big business declaring Roberts their boy to strip workers and consumers of their rights, that should be our headline to galvanize public support against him.


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A little nitpicky, but number of cases is a terrible metric/proxy for the affect that a court decision will have on people's lives.


I am of the opinion that the economic decisions have more effect on the majority of people. However, the social desicions affect a smaller number of people in more profound ways, and balancing the import of those is an age old philosophical question.
On the politics, however, you are exactly right.


The activists are probably most impassioned about the more contentious issues that split the electorate, but issues that split the electorate are not the ones we should be highlighting when the other party holds all three branches of government. We obviously need to make their supports at least slightly uncomfortable.


It is hard to predict, but it appears that Roberts' confirmation will probably go through, and the hearings should be used to lay a foundation for the principles that we may be able to fight on in the future. Your points highlight this very well. I would bet that there is a significant majority of people that think our tort system is unfair or inefficient to corporations, and that the sentiment is way out of whack with the actual facts in the world -- for example, I bet most people's perception of [lawsuit payouts/lawsuits filed] is wildly off the mark.


We need to be laying the ground work in getting the American people to better understand reality in these types of cases.

I'm the last person to argue that progressives should ignore key issues of race and gender, but I also think that when we have big business declaring Roberts their boy to strip workers and consumers of their rights, that should be our headline to galvanize public support against him.




You're dreaming if you think complex regulatory questions are the best frame for opposing Roberts. The flip side of "stripping workers and consumers of their rights" is "preventing unnecessary encumbrances on business so it can create jobs and bring increased growth and increased wealth". Both ideas have validity and the individual cases are often complicated.




Your attempts to bring a sort of neo-Marxist perspective by pre-emptively assuming that ANYTHING business wants is inherently evil are indicative of how far the labor movement has drifted from the mainstream of American politics and thought.

Isn't this kind of a tough one, given Roberts' role in the Microsoft antitrust suit?  I'm not saying that I actually believe that answers all questions, or makes him any less corporate than he is, I'm just saying that in a sound-bite war, it's an easy answer for his team.

The other easy answer would be, hey O'Connor was a corporate shill too, and you said nominate somebody like her!

Or have I just fallen into the same trap as the rest of the country by not getting riled up by Roberts just because he isn't the Santorum type I expected Bush to nominate?  I think that's really possible.  Because, my fellow coffee guzzlers, I'm not worked up about this.  I don't know anybody who is worked up, either.  What happened?  I get so easily worked up by everything else but Roberts seems to get a pass.  Did they put something in the water?  Or in the media? 

Brad-  Every poll in America thinks business has too much power over politics.  Check out Polling Report and scroll down to the Harris Poll on  Feb. 9-16, 2004.


When asked whether different groups "have/has too much or too little power and influence on Washington?", people far and away saw business as having too much power in influencing Washington decisions.


By 83% to 9%, business was seen as having undue power, so emphasizing their role in pushing Roberts is a clear winner for progressives.


This kind of red-baiting shows how far elite opinion has gotten from the mainstream of American public opinion.  Most Americans stopped buying the "what's good for General Motors is good for America" stuff a long time ago.  No one argues for stupid regulations, but most people understand that business is not fighting to make their lives better, but only on behalf of their small group of wealthy investors.

Forgot the link.  It's here for the Polling Report.

Perhaps many here would disagree with me, but isn't typical of today's progressive movement as a whole? The pushing of single issues, often identity-based and usually deeply divisive, too often prevents a broad-based, big tent campaign that would actually succeed. There's no question that Roberts' positions on abortion and affirmative action are deeply troubling. But how is it good strategy to emphasize this over his fealty to corporate interests?

When asked whether different groups "have/has too much or too little power and influence on Washington?", people far and away saw business as having too much power in influencing Washington decisions.




No doubt people do think that. But this largely has to do with corporate lobbying efforts to influence legislation. I don't think the courts are seen as a battleground on economic and regulatory matters. Therefore, from a political standpoint, it will be hard to generate the kind of energy needed to effectively oppose Roberts.




This kind of red-baiting shows how far elite opinion has gotten from the mainstream of American public opinion. Most Americans stopped buying the "what's good for General Motors is good for America" stuff a long time ago.




Call it red-baiting if you must, but I'm a firm believer that the instinctive hostility to business so characteristic of the left is a net political loser for Democrats. Business is too woven into the fabric of Americans' lives. Successful business people are often folk heroes. Furthermore, Americans understand that not all business is "big business".



You are assuming that because people think business has too much power in Washington, then it naturally follows that people will respond to a political message that demonizes business. I think that's nonsense. I agree people don't think that what's good for business is necessarily good for America. But they also don't believe, as you seem to, that what's good for business is never good for America.

I think I'm not worked up just because he's such a friggin dweeb.  I mean, can you imagine having tried to be friends with this guy in college?  I admit it, Bush's stealth plan has worked perfectly on me...

very possible, destor23. I mean, my reaction to thw whole thing, and it's certainly been well orchestrated by Rove and the press, is sort of like the relief at having been told that a rapist-murderer will be moving in next door, and then finding out he's only a rapist.  (Yes, I'm a male, and I think that point is germane to my analogy; to wit: he's bad news, but not so bad for me.  Like Phil Ochs's old definition of the liberal?  "Ten degrees to the left of center in good times.  Ten degrees to the right of center when it affects him personally.")

Judge John Roberts connected to coke smuggling operation.
It appaers that Roberts worked to circumvent the constitution that he has now been nominated to defend.
Only Congress has the constitutional power of the purse, and the constitutional power to declare war, not the president.

Judge Roberts worked to help go around the constitution to fund Reagan's illegal war against the democratically elected Sandinista govt in Nicaragua using a bunch of coke smugglers they called the contras after congress had explicitly forbidden Reagan from doing so with the Boland Amendment.

“….One file withheld, regarding the Iran- contra affair, was a draft memo from Roberts to his bosses with the heading "re: establishment of NHAO" -- referring to the Nicaraguan Humanitarian Assistance Office.
The office was one of the ways the Reagan administration got around what were known as the Boland amendments, which prohibited U.S. intelligence agencies from spending money to overthrow the Sandinistas….”
http://tinyurl.com/cyb6s

"..... On February 10, 1986, Owen ("TC") wrote North (this time as "BG," for "Blood and Guts") regarding a plane being used to carry "humanitarian aid" to the contras that was previously used to transport drugs. The plane belongs to the Miami-based company Vortex, which is run by Michael Palmer, one of the largest marijuana traffickers in the United States. Despite Palmer's long history of drug smuggling, which would soon lead to a Michigan indictment on drug charges, Palmer receives over $300,000.00 from the Nicaraguan Humanitarian Aid Office (NHAO) -- an office overseen by Oliver North, Assistant Secretary of State for Inter-American Affairs Elliott Abrams, and CIA officer Alan Fiers -- to ferry supplies to the contras.

State Department contracts from February 1986 detail Palmer's work to transport material to the contras on behalf of the NHAO....."
http://tinyurl.com/2cnjj


there's more...
http://tinyurl.com/ctkx7

Left Coaster's take...
http://tinyurl.com/bares


How could y'all breeze right past the "coke smuggling" guy's post with out a comment, and jump right back into the minutia arguments, this is why Dem's keep loosing elections. You have to call out your own kooks. (See "How to be a Democrat when Democrats Suck")

At the end of the day, the real issue with respect to Roberts is his reading of the commerce clause and what it has to say about the Federal government's right to intervene in state jurisdiction over issues like the minimum wage, the age of work and unemployment compensation. This isn't a very sexy issue, but it's critical for the rights and protections of American workers. Judging from his opinion in the California arroya toad case, he supports a strategically limited, pro-business interpretation of this clause. Since that is contrary to most of the jurisprudence since 1937, it is reason enough to oppose his nomination.

You're dreaming if you think complex regulatory questions are the best frame for opposing Roberts. The flip side of "stripping workers and consumers of their rights" is "preventing unnecessary encumbrances on business so it can create jobs and bring increased growth and increased wealth". Both ideas have validity and the individual cases are often complicated.

Stripping workers and consumer of their rights are not "complex regulatory questions," they're litterally matters of life and death: workers getting their limbs ripped off and crushed in machinery because of underfunded enforcement, nurses suffering career-ending back injuries because of lack of ergonomics standards, children being poisoned by pesticides, etc., etc.

You're right, if we let the business community define the terms as "complex" and "job killers," we will lose. It's up to progressives to show the actuall blood and sinew behind the "complex regulations," and the havoc it creates on the lives of real people when NAM and the business sector are successful in weakening those protections.

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