Newsmax-May 31, 2000
Revenge of the Courts on the Clintons
By Joe Uliana
No institution has advanced the liberal agenda more in the last
forty years than the courts. At almost every turn, when the
legislative and electoral process roared up to defeat liberal
efforts to change social, economic or foreign policy, some court
was there to try to stop conservative encroachments on activist
government.
When Californians voted to end affirmative action, the federal
courts issued an injunction that thwarted the will of the people.
When Florida’s legislature passed sweeping education reforms that
included school choice, the courts quickly stepped in to stop
implementation of the legislature’s action. And in the sixties,
when almost every state enforced capital punishment, the Warren
Court struck it down as unconstitutional.
Look beyond these individual court cases and you will see the
rise in tort litigation, the expansion of criminal rights, the
creation of class action law suits and the rise of regulatory
policy making as an outgrowth of the left’s activism in our legal
system. The changes brought about by these legal initiatives have
altered the course of public policy, without a vote ever being
taken or a bill being passed.
The left has realized, since the fifties, that control of the
court system was the final defense in the philosophical war and a
way to move the country in the direction they wanted, without
having to be accountable to the electorate. Control the courts
and the legal system, and you can control the battle of ideas.
The final triumph of the liberal legal society over the world of
representative government occurred with the election of Bill
Clinton to the Presidency. He embodied all that was right and
proper about the liberal legal society. Trained at Yale Law
School, a former law professor and Attorney General, he had law
industry publications predicting that the legal business would
soar after his election as new regulations and a more activist
government would stretch the country’s demand for litigation.
President Clinton’s win was important, but the ascension of his
wife was probably more vital to the cause. She is a fellow
traveler, someone who had been on the front lines and had the
passion to use the law and the courts to change the country.
Active in the Legal Aid Corporation, a staff attorney on the
Watergate Committee, and a partner at the largest law firm in
Arkansas, she had the bona fides.
It was truly to be a golden age, but that era of greatness
turned into a time of legal chaos for the Clintons. The one
institution that they revered and believed in so fervently turned
on them. They could win the elections, make the Republicans look
bad, sway public opinion and withhold information from
investigators to deter action, but each time they had apparently
escaped the jaws of defeat, the courts handed them another
setback. In the end, the Clinton’s legacy will be most tarnished
not by the actions of their adversaries in Congress or the
Republican Party, but by their friends in courts.
Last week, a special committee of the Arkansas Bar recommended
disbarment for the President. This move, if carried out by the
Arkansas courts, would be another humiliation in a long line of
them. From Judge Weber-Wright’s finding that the President lied
under oath, to the settlement in the Paula Jones case, to the
damaging video depositions carried out by the Landmark Legal
Foundation of Clinton Administration officials, the courts have
been brutal to the Clintons.
The President’s slippery political skills have been unable to
outmaneuver the long arm of the courts. It is a Shakespearean
irony that those who so embraced the power of the legal system to
improve the country and the course of public policy, have been so
damaged by the system they worshiped.
Few would have guessed this in 1993, when President Clinton took
the oath of office. At that time, with Hillary Clinton’s Rose Law
Firm opening an office in Washington, the good times were ready
to roll. Now seven years later and with millions of dollars spent
on legal defenses and settlements, the Clintons have been done in
not by their enemies but by their friends. Fittingly, the Rose
Law Firm has closed its Washington office, finding the DC
confines to inhospitable.
Next January, when Bill Clinton finishes his term in office, he
will leave behind only a few real accomplishments. But his legacy
will be forever shaped by the one institution he thought he could
most trust and use to his advantage: the courts.
If only he could have fought with the Republicans in Congress,
things would have been a lot easier.
Joe Uliana is a former State Senator with a unique and insightful
view of politics and society. For comments, you can reach Joe
Uliana at [EMAIL PROTECTED]
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