Both Newsweek’s Anna Quindlen and The New York Times drew special attention this week to an issue that’s been scarcely raised in this flag-pin-centric run-up to the election but is arguably of greater urgency than the very urgent need to end the war in Iraq: the future makeup of the Supreme Court.
As Quindlen notes, "[T]he work of the high court has had vast systemic influence over the lives of all Americans, an effect that lasts through generations."
So many of the cases that have come before the court (or will eventually be judged there) are and will continue to be of particular importance to the Jewish community as well as to the general public: Among those Quindlen cites: "The display of the Ten Commandments in public buildings…. The ability of taxpayers to litigate against faith-based, government-funded programs. School prayer…. And that’s before you get to" such issues on which Jews have taken sides as "desegregation, abortion, affirmative action, and capital punishment."
While people’s opinions tend to be, often properly, shaped by faith, it is disquieting to realize that so many of these cases have a religious component, mirroring the increasing intrusion of religion in the public square. The court, like the country, is tending ever more rightward when it comes to religion. The next president will determine if the court — and the country — will topple over or sit up straight.
The Times points out that the presumptive Republican nominee, Sen. John McCain, "is determined to move a far too conservative and far too activist Supreme Court and federal judiciary even further and more actively to the right."
McCain, in fact, has "promised to appoint more judges in the mold of Chief Justice John Roberts and Justice Samuel Alito. That is just what the country does not need."
McCain’s Jewish supporters need to tell him this. They need to impress on him how important it is, not just for any single president’s term but for the future’s sake, that Supreme Court judges bring to the bench no agenda but the pursuit of justice.
We need to send this message to the Democratic candidates as well. They have been too busy trying to cut each other down to tell us their visions for the court. Tell us — and listen to us; that is just what the country does need.