“Senate Republicans Swat Away Obama’s Outstretched Hand”: A Blockade Unlike Anything Seen In The American Tradition
If we were to pretend American politics operated by traditional rules, we’d have some basic expectations about what policymakers would do in the event of a Supreme Court vacancy. A sitting president would reach out to Senate leaders, some names would be floated as part of a conversation, and a nominee would be put forward and considered.
With this in mind, President Obama hosted an entirely predictable gathering in the Oval Office earlier today. Vice President Biden was there, along with the top Senate leaders from each party, and the top members of the Senate Judiciary Committee from each party.
White House Press Secretary Josh Earnest told reporters today, “The president … gave everyone in the room, Democrats and Republicans, the opportunity to put forward their own suggestions for potential Supreme Court nominees. The president didn’t guarantee that he would choose that person, but the president did indicate that he would take seriously any recommendations that either Democrats or Republicans had to put forward.”
It all sounds quite routine – or what would be routine under normal American circumstances. But as it turns out, this Oval Office meeting was actually a reminder about just how abnormal the times really are. The New York Times, quoting one of the gathering’s participants, said today’s discussion was “very short.”
Leaving the meeting, [Senate Minority Leader Harry Reid] suggested that the Republicans appear to be waiting for Donald Trump to be in the White House. “There wasn’t much said at the meeting,” Mr. Reid said.
The Hill also quoted Reid saying in reference to the GOP senators, “They were adamant. They said, ‘No, we’re not going to do this at all.’” Referring to Democrats, Reid added, “All we want them to do is to fulfill their constitutional duty, and at this stage, they are deciding not to do that.”
It wasn’t that Democrats were cool to the GOP’s ideas for possible nominees. Rather, Republicans simply said there should be no nominee – and if one exists, he or she will be ignored, regardless of qualifications or merit.
That this was the expected outcome of the meeting doesn’t make it any less scandalous. The political world’s collective assumptions about how this is likely to play out shouldn’t obscure the fact that Senate Republicans are orchestrating a Supreme Court blockade unlike anything seen in the American tradition.
They are doing so without a defense or a coherent explanation, ignoring the Constitution and traditional norms in the process.
For his part, Senate Majority Leader Mitch McConnell said this morning that he and his party will “observe the ‘Biden Rule,’” in reference to a 1992 speech then-Sen. Joe Biden delivered about hypothetical high-court vacancies.
Under the circumstances, it seems quite likely that McConnell knows he’s brazenly lying. There is no such thing as the “Biden Rule,” and if there were, it wouldn’t justify the current obstructionism. On the contrary, in his 1992 remarks, Biden, describing the possibility of a Supreme Court vacancy that did not exist at the time, explicitly said that if the then-Republican president “consults and cooperates with the Senate, or moderates his selections absent consultation, then his nominees may enjoy my support as did Justices Kennedy and Souter.”
If McConnell wants to believe this established a “rule” that must be honored, then today’s Senate Republicans will have to meet, consider, and vote on President Obama’s nominee – steps McConnell has vowed not to take.
By: Steve Benen, The Maddow Blog, March 1, 2016
“Please Proceed, Majority Leader”: Their “Three Nos” Strategy Has Telegraphed Their Weak Point For All To See
Only an hour after Antonin Scalia’s death had been confirmed, Sen. Majority Leader McConnell announced that there would be no vote on a nominee from President Obama to replace him. Earlier this week, Republican members of the Senate Judiciary Committee said that there would be no confirmation hearings on the nominee. Then yesterday, Republican Senators began announcing that they would not even meet with the nominee. All of this is happening before the President has even announced his choice.
You might be tempted to ask, “what is the strategy behind the Republican’s decision to become the party of no, no and no?” Republican strategist Rory Cooper explained that the goal is to pretend that “we have already reached the conclusion of the debate.” He suggests that to argue the credentials of the nominee would be “to give up a critical piece of leverage in how this is portrayed in the media.” Republicans must keep it “a debate over a process, not a person” and the “story must be starved of oxygen.”
To perhaps test that resolve, an anonymous source told the Washington Post yesterday that Republican Governor Brian Sandoval was being considered. A spokesman for McConnell reacted immediately.
Would McConnell consider Sandoval nom? No. @StewSays: “The Leader didn’t say the Senate would act ‘if’ it was a certain type of nominee.”
— Ali Weinberg (@AliABCNews) February 24, 2016
And freshman Senator Deb Fischer demonstrated that she had gotten the memo.
Just asked Deb Fischer, Nebraska Republican, if she’d consider Sandoval as a Supreme Court nom. She said no. “It’s not about the person.”
— Manu Raju (@mkraju) February 24, 2016
Does anyone else think that all of this reeks of desperation? Josh Marshall sure does.
I think they protest way, way too much about the brittleness of their position and the potential electoral fallout. The emphaticness of the “three nos” isn’t really necessary to convince anyone at this point. It’s to make the point so ferociously, totally, almost maniacally that they can actually end the debate now. But I doubt they actually can.
When it comes to power, Senate Republicans maintain the ability to block any potential nominee President Obama puts forward. But their “three nos” strategy has telegraphed their weak point for all to see…the very real possibility of an extremely qualified nominee. That plays right into the hands of President Obama’s most likely strategy – to pragmatically chose the most qualified person. As Marshall says, from there – the job of the Democrats is pretty easy.
So let’s start with this. Republican senators won’t meet with the nominee. We get it. But I’m pretty sure Democratic senators will meet with him or her and make quite a show of it. I’m also fairly sure the White House will keep trying to set up meetings with Republican Senators and make a show of the on-going refusals. Senate challengers will press it in their campaigns too. And I have little doubt the White House will be sure to arrange meetings with the couple Republican senators who’ve so far bucked the unified front.
The Republicans are placing all their bets on their ability to shut down media discussion of the nominee once their name is announced. Given the importance of this issue, that is a tall order – even for them. But because their base has communicated that nothing – not even control of the Senate – is as important as obstructing this nomination process, its probably the only play they have.
Recently Alec MacGillis wrote a brief profile of Mitch McConnell and why he has chosen this fight. In the end, it’s clear that he didn’t…the fight chose him. This description pretty much encapsulates what the Majority Leader is all about.
The best way to understand Addison Mitchell McConnell Jr. has been to recognize that he is not a conservative ideologue, but rather the epitome of the permanent campaign of Washington: What matters most isn’t so much what you do in office, but if you can win again.
In other words, as Majority Leader, McConnell is in the position of having to draw a line in the sand about conservative influence on the Supreme Court. To do so, the only play he has is the one that puts winning the Senate again in jeopardy. As the President might say, “Please proceed, Majority Leader.”
By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, February 25, 2016
“Unlike Anything Ever Tried In American History”: The ‘GOP Gamble’: Voters Won’t Care About Court Blockade
As far as Senate Republicans are concerned, the fight over the Supreme Court vacancy is now officially over. They’ve declared themselves the winner.
Every Republican on the Senate Judiciary Committee, the panel responsible for evaluating judicial nominees in detail, met in private this morning with Senate Majority Leader Mitch McConnell (R-Ky.). Soon after, Sen. Lindsey Graham (R-S.C.), a longtime committee member, told the Associated Press the GOP group came to an agreement: there would be no hearing, no vote, and no confirmation of any nominee, regardless of merit or qualifications.
A partisan blockade, unlike anything ever tried in American history, is the only course the Republican majority is willing to consider. Period. Full stop.
Sen. Orrin Hatch (R-Utah), another member of the Judiciary Committee, said today he wouldn’t even speak to a Supreme Court nominee if he or she showed up at his office. Soon after, McConnell and Senate Majority Whip John Cornyn (R-Texas) said the same thing.
So, is the fight over an unchosen, unknown nominee finished before it begins? Well, maybe.
President Obama and his team are no doubt aware of the developments on Capitol Hill, though it’s unlikely West Wing officials are going to simply quit, telling each other, “Well, we tried.”
What’s probably going to happen is that the president will nominate a qualified official for the high court; he’ll encourage senators to do their job while honoring the constitutional process; and then Democrats hope for the pressure to change the politics.
The next question, of course, is whether such pressure is going to exist.
Last week, a Fox News poll found a clear majority of Americans agreeing that the Supreme Court’s vacancy should be filled this year, not next. This week, a Pew Research Center survey found similar results.
In the high-stakes battle over replacing Justice Antonin Scalia on the Supreme Court, a majority of Americans (56%) say the Senate should hold hearings and vote on President Obama’s choice to fill the vacancy. About four-in-ten (38%) say the Senate should not hold hearings until the next president selects a court nominee.
Of course, while independent and Democratic voters agree on senators doing their duty, the same poll found that 66% of GOP voters want the blockade to continue – and those are very likely the only voters Senate Republicans care about right now.
It sounds cynical and undemocratic, but by all appearances, GOP lawmakers on Capitol Hill just don’t buy into the notion that there will ever be a public backlash against them – on practically anything. Cycle after cycle, their antics are rewarded, even after a government shutdown, a debt-ceiling crisis, and a complete unwillingness to govern on practically any issue.
Periodically, someone will say, “The public won’t stand for this,” to which Republicans respond, “Of course they will. Voters don’t pay much attention anyway.”
By: Steve Benen, The Maddow Blog, February 23, 2016
“Malign Contempt Since Day 1”: GOP’s Unrelenting Campaign Of Obstructionism And Insult
This was three days before Antonin Scalia died.
President Obama had just spoken before the Illinois General Assembly. Now, he and some old friends, all retired from that body, were being interviewed by the Los Angeles Times. Obama was talking about the legislative gridlock that has marked his terms and how he might have avoided it.
“Maybe I could have done that a little better,” he said.
One of his friends wasn’t having it. “They were afraid of you for a couple of reasons,” said Denny Jacobs. “Number one, you were black.”
Obama parried the suggestion, saying what he always says when asked about race and his presidency. “I have no doubt there are people who voted against me because of race … or didn’t approve of my agenda because of race. I also suspect there are a bunch of people who are excited or voted for me because of the notion of the first African-American president. … Those things cut both ways,” he said.
Jacobs, who is white, was unpersuaded. “That’s what they were afraid of, Mr. President,” he insisted.
Some might say his point was proven after the sudden death of the Supreme Court justice. The body was not yet cold when Republicans threw down the gauntlet. Senate Majority Leader Mitch McConnell said that the president should not even nominate a replacement and should leave it instead to his successor. Judiciary Committee Chairman Chuck Grassley seconded this, saying his panel would not open confirmation hearings, although Politico reported Tuesday that Grassley told Radio Iowa he would not rule them out.
Understand: It’s not uncommon for the opposition party to warn that a nominee better be to its liking. However, to declare before the fact that no person put forth by the president will receive even a hearing is not politics as usual, but rather, a stinging and personal insult without apparent precedent. It is simply impossible to imagine another president being treated with such malign contempt.
But then, GOP contempt for Obama and his authority have been manifest since before Day One. McConnell’s refusal to do his job is just the latest example. On Twitter, a person who tweets as @bravee1 put it like this: “Mitch McConnell just needs to admit that he thinks President Obama was elected to three-fifths of a term.”
It’s a great line, but what is happening here is more subtle than just racism. To be, as McConnell is, a straight, 73-year-old white male in America is to have come of age in a world where people like you and only people like you set the national agenda. One suspects, then, that people like him see in Obama their looming loss of demographic and ideological primacy in a nation that grows more multi-hued and, on many vital social issues, less conservative every day.
Some people can handle that. Others would rather cripple the country, leaving it without a functioning Supreme Court for almost a year, and never mind the will of the people as twice expressed in elections: Barack Obama is our president. He has the right and duty to nominate a new justice.
It’s grating to hear Obama act as if the GOP’s unrelenting campaign of obstructionism and insult were the moral equivalent of some African-American grandmother or young white progressive who were proud to cast their ballots for the first black president. Moreover, his attempt to shoulder blame for the hyper-partisanship of the last seven years suggests a fundamental misreading of the change he represents and the fear it kindles in some of those whose prerogatives that change will upend.
It’s well and good to be even-handed and reflective, but there is a point where that becomes willful obtuseness. Obama is there. “They were afraid of you for a couple of reasons,” said his friend. “Number one, you were black.”
It’s interesting that a white man in his 70s can see this, yet a 54-year-old black man cannot.
By: Leonard Pitts, Jr., Columnist for The Miami Herald; The New Republic, February 17, 2016
“It’s A Question Of Legitimacy”: Both Democrats And The Media Need To Be Clear About What Is Happening
It was only an hour after reports had confirmed that Supreme Court Justice Antonin Scalia was dead that Mitch McConnell declared “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.” Of course that statement completely ignores the fact that almost 66 million people had used their voice to elect President Barack Obama to a four year term back in 2012. But it wasn’t long before people like Sen. Grassley – chair of the Senate Judiciary Committee – and all of the Republican presidential candidates weighed in to agree with McConnell.
As I watched all this unfold on Saturday night, this is the tweet that captured it for me:
Republicans rejected the President’s constitutional right to fill a Supreme Court vacancy before he’s named a nominee. Think about that.
— Jon Favreau (@jonfavs) February 13, 2016
The word “before” is carrying a lot of weight in that statement. It wasn’t long before much of the media had bought the underlying premise. Notice the word “technically.”
“He still will be technically the pres. of the US for another 11 months.” – CNN. Technically?
— John Aravosis (@aravosis) February 14, 2016
What this means is that Republicans are not even going to wait and question President Obama’s nominee on the merits. They are directly challenging his legitimacy to nominate anyone. That goes to the heart of a case they have been making for seven years now (starting with the whole “birther movement”). It is what Doug Muder referred to as the Confederate worldview.
The essence of the Confederate worldview is that the democratic process cannot legitimately change the established social order, and so all forms of legal and illegal resistance are justified when it tries…
The Confederate sees a divinely ordained way things are supposed to be, and defends it at all costs. No process, no matter how orderly or democratic, can justify fundamental change.
It is also reminiscent of Grover Norquist’s response back in 2003 when talking about how the GOP would handle a Democratic presidency in the “permanent Republican majority.” He said, “We will make it so that a Democrat cannot govern as a Democrat.”
That is what we are seeing played out right now with respect to a nomination to the Supreme Court. Republicans are questioning the very legitimacy of our current President to perform his Constitutional duties. That’s because the social order is changing (both in terms of cultural issues and demographics) and, for them, any form of resistance is justified.
Both Democrats and the media need to be clear about what is happening. Regardless of how often Republicans try to don the mantle of defending the Constitution, they are in the midst of attempting to undermine our democratic processes.
By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, February 15, 2016
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