People's History of the United States_ 1492 to Present, A - Zinn, Howard [341]
The hostages were still in captivity when Jimmy Carter faced Ronald Reagan in the election of 1980. That fact, and the economic distress felt by many, were largely responsible for Carter’s defeat.
Reagan’s victory, followed eight years later by the election of George Bush, meant that another part of the Establishment, lacking even the faint liberalism of the Carter presidency, would be in charge. The policies would be more crass—cutting benefits to poor people, lowering taxes for the wealthy, increasing the military budget, filling the federal court system with conservative judges, actively working to destroy revolutionary movements in the Caribbean.
The dozen years of the Reagan-Bush presidency transformed the federal judiciary, never more than moderately liberal, into a predominantly conservative institution. By the fall of 1991, Reagan and Bush had filled more than half of the 837 federal judgeships, and appointed enough right-wing justices to transform the Supreme Court.
In the seventies, with liberal justices William Brennan and Thurgood Marshall in the lead, the Court had declared death penalties unconstitutional, had supported (in Roe v. Wade) the right of women to choose abortions, and had interpreted the civil rights law as permitting special attention to blacks and women to make up for past discrimination (affirmative action).
William Rehnquist, first named to the Supreme Court by Richard Nixon, was made Chief Justice by Ronald Reagan. In the Reagan-Bush years, the Rehnquist Court made a series of decisions that weakened Roe v. Wade, brought back the death penalty, reduced the rights of detainees against police powers, prevented doctors in federally supported family planning clinics from giving women information on abortions, and said that poor people could be forced to pay for public education (education was not “a fundamental right”).
Justices William Brennan and Thurgood Marshall were the last of the Court’s liberals. Old and ill, though reluctant to give up the fight, they retired. The final act to create a conservative Supreme Court was President Bush’s nomination to replace Marshall. He chose a black conservative, Clarence Thomas. Despite dramatic testimony from a former colleague, a young black law professor named Anita Hill, that Thomas had sexually harassed her, Thomas was approved by the Senate and now the Supreme Court moved even more decisively to the right.
With conservative federal judges, with pro-business appointments to the National Labor Relations Board, judicial decisions and board findings weakened a labor movement already troubled by a decline in manufacturing. Workers who went out on strike found themselves with no legal protection. One of the first acts of the Reagan administration was to dismiss from their jobs, en masse, striking air traffic controllers. It was a warning to future strikers, and a sign of the weakness of a labor movement which in the thirties and forties had been a powerful force.
Corporate America became the greatest beneficiary of the Reagan-Bush years. In the sixties and seventies an important environmental movement had grown in the nation, horrified at the poisoning of the air, the seas and rivers, and the deaths of thousands each year as a result of work conditions. After a mine explosion in West Virginia killed seventy-eight miners in November 1968 there had been angry protest in the mine district, and Congress passed the Coal Mine Health and Safety Act of 1969. Nixon’s Secretary of Labor spoke of “a new national passion, passion for environmental improvement.”
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