“Taking A Shit On The Constitution”: Senate Republicans Make Donald Trump Look Good
When a presidency is winding down we start to think there probably isn’t that much to fight over. Yet here are the Republicans acting like it’s 2009 all over again, and more. These moves on the Supreme Court situation and Guantanamo Bay aren’t just obstructionist. They are certifiably insane.
No hearing for the nominee? Not even a courtesy call? They’ve really gone ’round the bend. Look, there’s hypocrisy to go around on Court stuff. Reverse the situation, and a lot of people saying A now would be saying Not A. I get that. Although I don’t get what in the world that 1992 clip of Joe Biden that everybody’s showing and re-showing has to do with anything. He was speaking hypothetically. There was no nominee. The one time in Biden’s tenure as Judiciary Committee chairman that there was a flesh-and-blood nominee, Anthony Kennedy, the committee and the full Senate passed him through unanimously, and in an election year.
But since you brought up the old days, let’s talk Robert Bork. Bork was a crazy radical extremist. He saw no constitutional justification for the civil rights bill. He also thought states should be free to criminalize the purchase of contraception by married couples. Off the charts, that guy. But he was the president’s choice. The Democrats gave him a hearing.
Say what you want, conservatives, but I feel pretty confident that if the situation were precisely reversed, the Democrats would be going through the process. At the end of the day, a majority of them would presumably vote against a conservative, balance-tilting nominee in a presidential election year. So, you might say, it amounts to the same thing.
No. It doesn’t amount to the same thing. One approach is called respecting the Constitution. The other approach is called taking a shit on the Constitution.
I suppose I could be wrong about what my hypothetical Democrats would do. But I don’t think so. Why? Because the liberal-left base, while certainly ideological and often choleric, just isn’t the same thing as the right-wing base. The right-wing base, led by Limbaugh and all those blowhards, is the reason McConnell said what he said while Scalia’s body was still warm. The liberal groups would not have demanded of Democratic leaders that they just shut the process down.
And if I am wrong about the Democrats, I can 100 percent guarantee you this: I would have written a column calling their behavior shameful. Vote against the person in the end, I’d have written, but for Chrissakes, respect the constitutional process, you bunch of morons. And I think every other prominent liberal columnist I can think of would have done the same. I don’t recall these last few days seeing any of our conservative counterparts calling out the Republicans.
Obama and the Democrats better find a way to make them pay. Nominate an unimpeachably qualified Latino or African American, and let Latinos and/or black voters watch as the GOP stonewalls this person for months, and run 3,000,000 attack ads on ethnic radio stations. (This is the paragraph where conservatives on Twitter will say “There goes that hack Tomasky making everything racial again.” Right. Whereas the guy who wants a brown-shirt police force to go in and break up Latino families, no, he’s not making anything racial. And the party that’s passing law after law to see to it that voting is made as hard as it can be for black people, no, they’re not making anything racial either. Just me. I get it.)
It’s such scandalous behavior. But because it’s them, and it’s all anyone expects out of them, it’s not even scandalous anymore. Which brings us to the Gitmo situation. If anything this is even worse.
Let me ask you this, reader. Do you have the slightest idea where the nearest supermax prison is to your house? Of course you don’t. Oh, a few of you do—you live in a town where it’s a big employer, your cousin works there, like that. But I’d wager that 98 percent of Americans have no idea where the nearest supermax prison is. There appear to be around 50 (some are wholly supermax, some partly). I bet thousands of people drive past one every day without even knowing it.
And of the 2 percent who do know, do they have any idea who’s in there? How many murderers, rapists, drug kingpins, Bernie Madoffs? Of course they don’t. And the reason they don’t is that the prisoners inside these prisons have zero impact on their lives. Dzhokhar Tsarnaev, Zacarias Moussaoui, and Mahmud Abuhalima, terrorists all, live in a supermax prison in Florence, Colorado. Do the good people of Florence ever see them? They don’t even see each other. They spend 23 hours a day alone in a cell the size of a typical upstairs-hallway bathroom. And almost nobody ever escapes from these places. You know how your chances of being killed by a terrorist as an American are one in 3.5 million? Well, the odds of you being killed by a terrorist who escaped from a supermax prison have to be considerably longer than even that. Anyone in Florence, Colorado and environs who sits around worrying that one of these guys is going to come pounding on their screen door is a paranoid lunatic or an idiot.
And that’s what the Republicans want us to be, a nation of paranoid lunatics and idiots, because paranoid lunacy and idiocy tend to benefit the Republican Party at the polls. So this is what we get stuck with. We keep open this facility (Gitmo) that’s notorious around the world—the Arab world and the entire world—that gives America a horrible reputation and whose very existence provides rhetorical fodder for our foes, so we don’t run the “risk” of putting terrorists inside facilities they’ll never get out of and where their movement the rest of their lives will be limited to maybe four rooms.
The Republicans won’t pay any political price for this, because the mere word terrorism turns most Americans into quivering little poltroons. But we as a country pay a price when an argument that is so galactically far removed from objective reality carries the day. And we pay a price when a constitutional norm is flouted and no one even cares because everyone has long since stopped expecting anything more. It’s not easy making Trump look good, but this week, Washington Republicans have pulled it off.
By: Michael Tomasky, The Daily Beast, February 25, 2016
“Republicans Are Breaking The Senate”: Imposing A Blockade On The Constitutional Process Itself
As I was making the news rounds this morning, I noticed a tweet from Vox’s Ezra Klein that said, simply, “The Republican Party is broken.” The five-word headline gave me pause – not because it was wrong, but because it occurred to me Ezra could have been referring to a variety of concurrent problems.
As it turns out, Ezra’s piece was about Donald Trump’s relative dominance thus far in the race for the Republican presidential nomination, but I’ll confess that when I first saw “The Republican Party is broken,” one of my first thoughts went to developments in the GOP-led Senate.
Consider this Des Moines Register report published overnight.
A White House invitation for U.S. Sen. Chuck Grassley to discuss the current U.S. Supreme Current vacancy with President Barack Obama has so far gone unanswered.
Turning down the meeting would represent a break in protocol from two previous high court vacancies during Obama’s presidency, when the chairman and ranking member of the Senate Judiciary Committee as well as the Senate majority and minority leaders attended Oval Office meetings.
Remember, it was just last week when Rachel sat down with Vice President Biden, and they talked about the process of confirming Supreme Court justices. He reflected on an anecdote from 1987 in which President Ronald Reagan, following the failure of two Supreme Court nominees, met with then-Sen. Biden in the Oval Office, asking, “OK, Joe, who do you want?” The Republican president pulled out a list of potential names and they had a conversation about the prospective justices.
When Rachel asked if we should expect something similar now, the vice president quickly responded that President Obama would absolutely “reach out” to Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa), among others, as part of a traditional advise-and-consent process.
But that only works if senators are willing to have a conversation.
“Early this week, we extended an invitation to Chairman Grassley and Ranking Member Leahy to join President Obama in the Oval Office for a consultative meeting of filling the Supreme Court vacancy,” a senior White House official told the Des Moines Register. “We have not heard back from Chairman Grassley.”
I suspect for the Iowa Republican, the calculus is pretty straightforward: Grassley has no intention of ever doing his duty, so there’s no real point in going to the Oval Office to discuss whether or not Grassley is going to take his responsibilities seriously. He’s already decided not to.
But let’s recognize this for what it is: a scandal. For the first time in American history, a Senate majority party not only intends to leave a Supreme Court vacancy in place for a year, Republicans are also imposing a blockade on the constitutional process itself. As of yesterday, Grassley won’t talk to the president about potential justices, and at least five GOP senators – including the Senate Republican leadership – said they won’t even talk to the president’s nominee if he or she showed up at their offices for a visit.
Nothing like this has ever happened in the American experience. That’s not hyperbole; it’s a demonstrable fact. As Republican politics reach new levels of radicalization, the intensity of their maximalist tactics has arrived at an unprecedented and scary point.
The Republican Party may very well be broken, but just as alarming is the fact that the GOP is tearing the Senate down with it.
By: Steve Benen, The Maddow Blog, February 25, 2016
“Corporate Sponsors Should Pay His Salary”: Why Should You And I Have To Keep Paying Mitch McConnell’s Salary?
Antonin Scalia is gone. The nastiest and noisiest of right-wingers on the Supreme Court is dead.
But he can’t be any more brain dead than Mitch McConnell, the Republican leader of the U.S. Senate. In a blatantly partisan ploy to prevent President Obama from nominating a successor to Scalia, McConnell has cited a historical precedent dictating that presidents who are in the last year of their term do not name new justices to the high court. “Therefore,” he babbled, “this vacancy should not be filled until we have a new president.”
What a silly old squirrel McConnell is! Article II of the U.S. Constitution plainly states that the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the Supreme Court.” Note that the Constitution says the president “shall” do this — as a duty to the nation. Nothing in the founding document suggests that this power and duty is voided in an election year. In fact, 13 Supreme Court nominations have been made in presidential election years, and the Senate took action on 11 of them. McConnell’s assertion is bogus (and silly), for history and the Constitution clearly back Obama.
Ironically, one who would have nailed McConnell for such a slapstick political perversion of plain constitutional language is Scalia himself. He practiced what he called “originalism” in his official judgments, insisting that the Constitution must be interpreted only by the words in it and only by the original meaning those words had for the founders when they wrote them into the document.
McConnell’s squirrelly stall tactic is as ridiculous as it is shameful. It’s also totally hypocritical, since Mitch himself voted in February 1988 to confirm a Supreme Court nominee put forth by Ronald Reagan — in the last year of his presidency.
This leads me to ask, why should you and I have to keep paying McConnell’s salary? Not only is he a Senate majority leader who doesn’t lead; the lazy right-wing lawmaker really doesn’t do anything, refusing to pick up the legislative tools he’s been given and go to work on the many things that We The People — and America itself — need Congress to do. Imagine if you tried doing nothing on your job — just drawing your paycheck after ignoring your workload!
Repeatedly, this senatorial slug says no to every task at hand. Repair and replace the water pipes that leach lead and are poisoning families all across America? No, he yawns. Raise the minimum wage to help bridge the dangerous wealth gap separating the superrich from the rest of us? Don’t bother me with such stuff, Mitch snaps. Shut off that gusher of corrupt corporate money pouring into our elections and drowning the people’s democratic rights? Not my problem, shrugs the lumpish ne’er-do-well.
And now a straightforward constitutional duty has been handed to McConnell: Gear up the Senate’s “Advise and Consent” mechanism to approve or reject President Obama’s nominee to replace Justice Scalia. We’ll do it tomorrow, muttered the somnolent senator, content to put off his responsibility to our nation’s system of justice until next year, long after Obama is gone.
We’re paying this guy a salary of $174,000 a year, plus another $19,400 for his “service” as majority leader. It’s insulting that he won’t even go through the motions of doing his job. Of course, saying no to all the chores he ought to be doing for the people is exactly what the corporate sponsors of his Republican Party expect from him. They want an inert and unresponsive government, a poverty-wage economy, a plutocratic election system and a court of their own choosing.
So “Do Nothing” Mitch is their boy. But at the very least, shouldn’t they pay his salary, rather than sticking us with the cost?
By: Jim Hightower, The National Memo, February 24, 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
“Not At All What Republicans Wanted To Hear”: O’Connor Undermines GOP Talking Points On Court Vacancy
In the fight over filling the Supreme Court vacancy, Republicans clearly have the more difficult task, at least when it comes to rhetoric and public relations. The Constitution has already made clear how the process is supposed to unfold, it’s now up to GOP senators to make the case that they should ignore – indeed, they have an obligation to ignore – the constitutional model.
Republicans can’t come right out and say the truth, since “we hate the president” isn’t a compelling talking point, so they tend to frame their concerns as high-minded. As Sen. Orrin Hatch (R-Utah) put it yesterday, the partisan blockade against any court nominee is intended to protect the institution from “politicization” and “denigration.”
It’s difficult to take such an argument seriously, and it certainly doesn’t help when an actual retired Supreme Court justice seems to have no use for the right’s talking points. The Huffington Post reported yesterday:
Sandra Day O’Connor, the retired Supreme Court justice appointed by a Republican president, said on Wednesday that President Barack Obama should get to name the replacement for the late Justice Antonin Scalia.
O’Connor, in an interview with a Fox affiliate in Phoenix, disagreed with Republican arguments that the next president, and not Obama, should get to fill the high court vacancy.
O’Connor specifically said during the interview, “I think we need somebody there to do the job now and let’s get on with it.” She added, in reference to President Obama, “It’s an important position and one that we care about as a nation and as a people. And I wish the president well as he makes choices and goes down that line. It’s hard.”
That’s not at all what Republicans wanted to hear.
On the contrary, O’Connor, a Reagan appointee who retired in 2006, effectively said the opposite of what GOP senators have argued since Saturday night.
Republicans have said the seat should remain vacant for 11 months; O’Connor wants the confirmation process to begin and for a new justice to take the seat “now.” Republicans have argued that the president shouldn’t nominate anyone; O’Connor made clear the nominating choice is up to the president.
Obviously, O’Connor is now a private citizen and her opinions are her own, but she’s also a respected figure, especially on matters related to the high court. If she’d said the opposite in the interview, encouraging Obama and sitting senators to leave the seat vacant until 2017 for the good of the institution, it’s a safe bet Republicans would be citing her judgment every day for the next several months.
But she didn’t. O’Connor seems to have no use for the GOP arguments whatsoever.
By: Steve Benen, The Maddow Blog, February 18, 2016
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