ARCHIVES OF EDITORIALS

 

July 14, 2005

A time for action

In the 2004 presidential election, black leaders urged African Americans to go to the polls in droves. There was an extreme urgency in the plea because it was clear that the next president would have the opportunity to restructure the U.S. Supreme Court.

Under the U.S. Constitution, Supreme Court justices serve for life. Once appointed and voted on favorably by the U.S. Senate they never have to stand for re-election. And, unlike the law in Massachusetts for state judges, there is no required retirement age.

Four justices are presently over 70, the compulsory retirement age in Massachusetts. John Paul Stevens is 85, Chief Justice William Rehnquist will be 81 in October, Sandra Day O’Connor is 75, and Ruth Bader Ginsburg is 72. It is likely that President George W. Bush will have the opportunity to replace three or four justices before his term is up.

Everyone expected Rehnquist to be the first to resign because of his health problems, but O’Connor has chosen to be first. This is a far greater loss for African Americans because she has been a swing vote on the court, a moderate conservative. Rehnquist has voted consistently with the archconservatives, so little would be lost if his replacement were of similar political stripe.

Liberals will battle the president on inappropriate choices for the court. This will be a time for the poor, regardless of race, together with those who have suffered racial discrimination, to oppose openly and publicly those choices for the court which will diminish the hopes, dreams and rights of those with modest incomes.

It is very easy for this generation of African Americans to feel very removed from the Supreme Court. To many these are nine figures whose decisions rarely affect the lives of the average citizen. But that was not the case during the Civil Rights Movement.

The court’s decision in Brown v. Board of Education transformed this nation. This case ended the doctrine of “separate but equal” and legally enforced school desegregation. In Roe v. Wade the court gave women the legal right to determine whether or not to terminate a pregnancy.

A radically conservative court will turn the clock back. This is no time to be passive about the selection process.

Muzzling the whistle blower

An event of substantial significance occurred last week and was probably not noticed by most African Americans. Judith Miller, a reporter for the New York Times, was sent to jail for refusing to testify before a grand jury about the identity of a confidential source.

Presently 49 states have shield laws to enable a reporter to protect sources. However, there is no such federal law. A special prosecutor who is trying to determine what government official revealed the identity of an undercover C.I.A. operative brought charges against Miller, even though she did not even publish a story on the matter.

The recent voluntary revelation of the identity of “Deep Throat” who was such an important source in the prosecution of the Watergate break-in reminds citizens of the importance of reporters being able to have the confidence of government employees willing to talk about malfeasance in high places.

Miller has courageously chosen civil disobedience rather than to strike a blow against “free speech.” It is time for Congress to pass a shield law to enable reporters to contact confidential sources to keep the federal government honest.

Home Page