EARL WARREN, IMPEACHED AT LAST


A lot of the right wing's agenda seems inspired by resentment, and one of the things they resented the most was the Supreme Court tenure of Earl Warren. In their mythology, this was when the country went astray socially, just as the focus on economic rights under Teddy and Roosevelt era took us down the wrong path economically.

Nixon couldn't do it, Reagan did his best, and now a presidential popinjay has creamed the impossible dream. This is what the appointment of Justice Roberts and Alito has finally accomplished for the far right: a reversal of the Warren Court in all its rulings for 2007, steering the rights of uppity poor people back to sometime between 1955 and 1969.

I might say, "we ain't going", but these days everybody's afraid of losing their jobs and their health care if they stand up for themselves. Society is so stratified, high from low, with the greatest inequality since 1928, that the Justices, with the exception of Ginsberg and Souter, simply do not see a problem from the height of the social circles in which they dwell, or in the case of Scalia and Thomas, the insulation of their self-regard. Justice Kennedy is the swing vote now instead of Sandra Day O'Conner, and he dwells in the middle of that road where Jim Hightower observed there ain't nothing but yellow stripes and dead armadillos.

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