“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
“Secretly On The Ballot In November”: The Future Of The ‘Nuclear Option’ For Supreme Court Nominees
After the initial intense focus on President Obama’s determination to nominate a successor to Antonin Scalia and Senate Republicans’ determination to block him, it’s beginning to sink in that the struggle for control of the Supreme Court could be a complicated and drawn-out battle. As Juliet Eilperin and Robert Barnes of the Washington Post point out today, the next president could have more than one chance to appoint a justice, and both conservatives and liberals understand the stakes could be huge:
The Scalia vacancy technically gives Obama the chance to establish a liberal majority on the court for the first time in decades, but even if he manages to seat a new justice in the face of blanket GOP opposition, the victory could be fleeting …
Scalia’s death at age 79 shows the peril of making predictions about the Court’s future, but the age range among the current justices would suggest that a Republican successor to Obama could have greater impact on remaking the court than a Democrat, especially if Scalia’s seat stays vacant into the next administration. Simply put, the court’s liberal bloc is older and may offer more opportunities for replacement.
When the new president is inaugurated, Associate Justice Ruth Bader Ginsburg will be almost 84. Anthony Kennedy will be 80 and Stephen Breyer, 78. Replacing Ginsburg and Breyer, both appointees of President Clinton, with conservatives would instantly shift the court’s balance for years, even if an Obama’s appointee were to replace Scalia. (The next oldest justice is Thomas, who was nominated by George H.W. Bush and will be 68 this summer.)
Many conservatives, of course, hate Kennedy, too; he was the swing vote in upholding Roe v. Wade in 1992, and played a key role in the Court’s marriage-equality decisions.
But more fundamentally, partisan polarization and gridlock in Congress has significantly elevated the importance of non-legislative entities, including the federal courts and executive-branch agencies whose power the courts might choose to expand or restrain. So control of the commanding heights of the Supreme Court is more important than ever.
What complicates the issue is the precedent set by Senate Democrats under Harry Reid in 2011 (Republicans had come close to taking the same action in 2005): the so-called “nuclear option,” removing the right to filibuster executive branch and non-SCOTUS judicial appointments. With both parties in the Senate steadily retreating from the ancient practice of deferring to the president’s choices for the High Court, and with the hot-button issues facing SCOTUS making “compromise” choices less feasible, the difference between having to muster 50 and 60 Senate votes to confirm a presidential nomination is increasingly momentous. And for that reason, if either party wins both the White House and the Senate this November, going “nuclear” on SCOTUS appointments by getting rid of the filibuster is a very high probability (and even if it doesn’t happen, the threat of “going nuclear” can and will be used to force the minority party to be reasonable).
But the converse situation is worth pondering, too. If, to cite a lively possibility, Democrats hang onto the White House while Republicans hang onto the Senate, there is no way the Senate invokes the “nuclear option.” Senate resistance to a progressive justice would likely stiffen in 2018, when Republicans will enjoy one of the most favorable Senate landscapes in memory. 25 of 33 Senate seats up that year are currently Democratic, including five in states Obama lost twice. Add in the recent GOP advantage in the kind of voters most likely to participate in midterm elections, and the ancient tendency of midterm voters to punish the party controlling the White House, and the odds of a Democratic president being able to impose her or his will on the Senate on crucial SCOTUS nominations between 2019 and 2021 is very slim.
If Democrats want to shape the Court’s future, they’d do well not only to win the White House but to take back the Senate this November, and get rid of the SCOTUS filibuster in hopes that restoring it will be too controversial for Republicans even if they reconquer the Senate in 2018. By then, of course, Senate Republicans may be looking forward to their own ability to shape the Court after 2020 if they win back the presidency then. It’s going to be a chess game with big and continuing arguments over the rules.
By: Ed Kilgore, Daily Intelligencer, New York Magazine, February 29, 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
“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
“The Party Of ‘No Way!'”: G.O.P. Embraces The George Wallace Demagogues; Less Governing, More Gridlock
Perhaps the most important thing Washington will do this year is decide whether to approve President Obama’s nominee for the Supreme Court. But Republicans have already announced their decision: “No way!”
It’s rich for Republicans to declare pre-emptively that they will not even hold hearings on an Obama nominee, considering that they used to denounce (while their party held the White House) the notion that judges’ nominations shouldn’t proceed in an election year.
“That’s just plain bunk,” Senator Charles Grassley, an Iowa Republican, said in 2008. “The reality is that the Senate has never stopped confirming judicial nominees during the last few months of a president’s term.” His sense of reality has since changed.
Senator Lamar Alexander, a Tennessee Republican, said in 2008, “Just because it’s a presidential election year is no excuse for us to take a vacation.”
In fairness, Democrats have also been hypocritical. In 1992, when George Bush was president, then-Senator Joe Biden said an election-year vacancy should wait to be filled the next year.
A pox on all their houses!
Let’s tune out politicians’ rhetoric in both parties and look at the merits of the arguments. Supreme Court justices rarely die in office, and in recent decades they have mostly chosen to step down before election years. But despite what Republican senators would have you believe, there have been a number of Supreme Court vacancies filled in election years.
In the 20th century we had six:
■ In 1912, the Senate confirmed Mahlon Pitney, nominated by William Howard Taft.
■ In 1916, the Senate confirmed both Louis Brandeis and John Clarke, nominated by Woodrow Wilson.
■ In 1932, the Senate confirmed Benjamin Cardozo, nominated by Herbert Hoover.
■ In 1940, the Senate confirmed Frank Murphy, nominated by Franklin Roosevelt.
■ In 1988, the Senate confirmed Anthony Kennedy, who had been nominated by Ronald Reagan the previous November.
A counterexample is Abe Fortas, whose nomination to be elevated from associate justice to chief justice in the summer of 1968 was killed by a filibuster by Republicans and Southern Democrats. But that’s a horrifying bit of history for Republicans to rely upon, because the main reasons for opposition to Fortas were that he favored civil rights and was Jewish. His ethical lapses mostly emerged later.
Republicans suggest that it’s standard for a Supreme Court vacancy to be held over when it occurs during an election year. Since 1900, I can find only one example of something close to that happening: In the fall of 1956, after Congress had adjourned and Senate confirmation was impossible, William Brennan received a recess appointment, then in 1957 was nominated and confirmed.
It’s ironic that this tumult should bedevil a replacement for Antonin Scalia, who emphasized the constitutional text. The Constitution gives no hint that the Senate’s “advice and consent” for nominations should operate only in three out of four years.
If Republicans block Obama’s nomination, Scalia’s vacancy will last more than a year, compared with a historical average of resolving nominations in 25 days. To date, the longest Supreme Court nomination in American history lasted 125 days, and it looks as if we will easily break that record this year.
The larger issue here is obstructionism. When I was growing up, the G.O.P. was the serious, prudent, boring party, while the Democrats included a menagerie of populists, rascals and firebrands. Today it’s the G.O.P. that embraces the George Wallace demagogues, and its aim is less to govern than to cause gridlock. That’s not true of everyone — the House speaker, Paul Ryan, seems to have genuine aspirations to legislate. But to be a Republican lawmaker today is too often to seek to block appointments, obstruct programs and shut down government. Politics becomes less about building things up than about burning them down.
Both parties are open to expanding the earned-income tax credit, to early childhood programs, to better approaches to heroin addiction, to supporting women with obstetric fistula, to reducing violence against women worldwide. Yet practical measures to address these issues stall in Congress. The party of Lincoln is now the party of “No,” refusing even to invite the president’s budget director to testify on an Obama budget, as is customary. Congress is expected to accomplish next to nothing this year.
Donald Trump and Ted Cruz are the apotheosis of this disregard for governing. Cruz’s entire congressional career has involved antagonizing colleagues and ensuring that nothing gets done. And Trump barely bothers with policies, just provocations.
All this is ineffably sad. I expect politicians to exaggerate and bluster. But I also expect them to govern, and that is what many in the Grand Old Party now refuse to do.
In that case, should they really be paid? Just as we have work requirements for some welfare recipients, maybe it’s time to consider work requirements for senators.
By: Nicholas Kristof, Op-Ed Columnist, The New York Times, February 26, 2016
Share This Blog
Unknown Feed- An error has occurred; the feed is probably down. Try again later.
mykeystrokes.com 