Activist Grudges

Ladies and gentlemen, we now know what the Republicans’ platform for the mid-term election season will be: so-called “activist judges”. That’s right; it’s not abortion, guns, gays, or taxes, though those issues will be peppered throughout the campaigns. They’ve managed to dig up the greatest phony issue of them all: “judicial anarchy”. Worst of all, it’s a platform they can win on. Democrats are going to have to answer this quickly and in no uncertain terms. But how?

First of all, don’t follow the example of my first paragraph. Twice I used the Republican frame for this issue. “Activist judges” is a red herring. Republicans want activist judges, as long as they are activist in their favor (See the Schiavo case). “Judicial anarchy” isn’t the issue, either. The judges they oppose are simply following the law. Republicans don’t like the law, but they can’t change it through the legislature and the judges won’t allow them to shred the constitution in their courts. So naturally Republicans return to their childish tactics whenever the game doesn’t go their way: They change the rules. Don’t like a judgment? Get rid of the judge. Never use the Republican frame to describe the issue. If I hear a Democrat use the words “activist judges”, I will thump that Democrat on the head.

Instead of a judiciary run amok, we have a legislature run amok. Corrupt politicians are overstepping their bounds on a daily basis, acting in the interests of big money contributors and against the interests of regular Americans. They’re passing bankruptcy laws that protect credit card companies and harm families in crisis. They want to reform tort laws to protect companies who harm their customers and employees. The last line of defense for the regular American is a court. If the Republicans make more gains in 2006, even that protection will be gone. Make no mistake, it’s a big issue.

Republicans are opposing law and order. Democrats need to call them on it. Every time a Republican says “activist judges”, a Democrat needs to follow up by saying “These Republicans don’t want judges to follow the law”. Don’t fall into the trap of talking about old Supreme Court cases like Brown v. Board of Education and Roe v. Wade. Those cases are decades old! They might as well bring up Dred Scott while they’re at it. Keep the focus on the here and now. If a Republican wants to argue about those cases, invite them to dig up the graves of those judges and have a chat with them. Otherwise, they need to keep to today’s issue.

The worst thing you can do is stay on the defensive. Yes, the Republicans are in danger of greatly overstepping their bounds and incurring the wrath of the American people. Yes, it is tempting to sit back and watch it happen. But Republicans have become too good at framing, and will probably be able to spin their way out of it if they are given the chance. No, you have to call them on it. You have to take the fight to them. Your mission, if you choose to accept it, is to publicly call Republicans what they are and continue to press the point in the face of withering counter attacks. You will have weapons for this battle, but the key to victory is relentlessness. If we fail to attack the Republican spin with the truth every time, their version will start to stick.

Here’s what you tell them: “I am upset with the Republican attacks on law and order. It’s pretty sad that they’re chastising judges for following the law. As we have seen over the last year, Republicans will stop at nothing to get government involved in our most personal matters. Thank God we have a constitution that prevents them from invading our privacy. Republicans don’t like that, so they’re trying to get rid of the judges who uphold the law.”

You get the idea.

Actually, I would be happy if Democrats would remember just two rules: 1) don’t use the Republican frames, and 2) Don’t let them get away with talking about non-issues. The Democratic response to this Republican tactic should be so strong that Republicans will fear to bring it up. For too long they have claimed to be the law-and-order party, which was never true. They only believe that laws with which they agree should be upheld. It’s exactly the kind of relativism that they try to pin on Liberals.

If the Republicans are focusing on this issue, it’s because they think it’s a winner. If we nip this in the bud, we will force them to fight on unfavorable ground. If we debate the issue on their terms, we will be forced to take sides over a phony issue. If—heaven forbid—we accept their frame, then we validate their claim that the judiciary needs to be overhauled, and that they need more seats in Congress to do it.

Do not give an inch on this, Democrats! The fight starts NOW!

© 2005 Bryan Lower

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