Should Republicans go ahead and add Supreme Court Justices to head off Democrats

A liberal who is starting to get it

Paul Starr:

The limits of candidates and campaigns, however, can't explain the Democrats' long-term decline. And while the institutional decay at the party's base - the decline of labor unions and ethnically based party organizations - has played a role, the people who point to "moral values" may not be far off. Democrats have paid a historic price for their role in the great moral revolutions that during the past half-century have transformed relations between whites and blacks, men and women, gays and straights. And liberal Democrats, in particular, have been inviting political oblivion - not by advocating the wrong causes, but by letting their political instincts atrophy and relying on the legal system.

To be sure, Democrats were right to challenge segregation and racism, support the revolution in women's roles in society, to protect rights to abortion and to back the civil rights of gays. But a party can make only so many enemies before it loses the ability to do anything for the people who depend on it. For decades, many liberals thought they could ignore the elementary demand of politics - winning elections - because they could go to court to achieve these goals on constitutional grounds. The great thing about legal victories like Roe v. Wade is that you don't have to compromise with your opponents, or even win over majority opinion. But that is also the trouble. An unreconciled losing side and unconvinced public may eventually change the judges.

And now we have reached that point. The Republicans, with their party in control of both elected branches - and looking to create a conservative majority on the Supreme Court that will stand for a generation - see the opportunity to overthrow policies and constitutional precedents reaching back to the New Deal.

That prospect ought to concentrate the liberal mind. Social Security, progressive taxation, affordable health care, the constitutional basis for environmental and labor regulation, separation of church and state - these issues and more hang in the balance.

Under these circumstances, liberal Democrats ought to ask themselves a big question: are they better off as the dominant force in an ideologically pure minority party, or as one of several influences in an ideologically varied party that can win at the polls? The latter, it seems clear, is the better choice.

Rebuilding a national political majority will mean distinguishing between positions that contribute to a majority and those that detract from it. As last year's disastrous crusade for gay marriage illustrated, Democrats cannot allow their constituencies to draw them into political terrain that can't be defended at election time. Dissatisfied with compromise legislation on civil unions and partner benefits, gay organizations thought they could get from judges, beginning with those on the Massachusetts Supreme Judicial Court, what the electorate was not yet ready to give. The result: bans on same-sex marriage passing in 11 states and an energized conservative voting base.

Using the courts to win battles they could not win in the political arena has certainly contributed to the Democrats decline. However, the Democrat's biggest failure has been on national security and they continue to make the same mistake today. The liberals should be admitting that they were mistaken when they said al Qaeda was not in Iraq, after al al Qaeda and the terrorist leader in Iraq now admit they are behind the insurgency that is trying to deny Iraqis a voice in their future. Yet Democrat senators are making fools of themselves opposing Condi Rice's nomination to be Secretary of State. Some Democrats are also opposing Alberto Gonzates nomination for attorney general because they think he would be too rough on al Qaeda detainees. In both cases they are being disengenious at best.

There is a reason why Democrats are not trusted on national security. One of them is put on display by the Senate Democrats this week.