“The House That Scalia Built”: The Bitter Beginning Of The 21st Century That Scalia And The Bush Dynasty Gave Us
Two waves broke this week: a pair of deaths on our national shore that changed everything. They are inseparable in the annals of our time. Goodbye to all that a Supreme Court Justice wrought, and the House of Bush brought.
If only it were that simple.
Supreme Court Justice Antonin Scalia is dead at 79, the Dickensian, most opinionated character on the bench. Friends — many of whom knew him as an operagoer, a city denizen, and an avid socializer — called the father of nine children Nino. His burial is Saturday.
The “master of invective,” as one put it, Scalia was considered brilliant, and was often callous in withering dissents on, for example, gay marriage. Taking a dim view of President Obama’s lead in the delicate Paris Agreement on climate change, his last vote was to immobilize the emissions standards. How nice of five Republican men to disrespect the Democratic president in the world’s eyes. As it happens, the Folger Shakespeare Library is staging “A Midsummer Night’s Dream” — fitting, considering Titania’s haunting lines that warn of global warming.
Nobody on the creamy marble Court was more polarizing since the Civil War. The unabashed carrier of the conservative cross, Scalia seldom let up on his pounding force and lashings, even in victory.
On “60 Minutes,” Scalia scolded half the American people, saying: “Get over it!” He referred to the infamous 2000 Supreme Court decision that swung the presidency from Al Gore to George W. Bush by one vote. He had a chance to be civil; he didn’t take it.
Meanwhile, the Bush dynasty hangs onto its last breath with Jeb Bush’s floundering presidential campaign. His brother, former President George W. Bush, left Texas to campaign, but the magic was missing. The 43rd president looked aged. Jeb has a penchant for saying their father, Bush senior, is the “greatest man alive,” or some such.
Here’s the double knell: The House of Bush is the House that Scalia built. At least, he was an architect. Now a tragic link ties those names together.
Their historical cadence will join other follies. “Sophocles long ago/Heard it on the Aegean,” English poet Matthew Arnold wrote in “Dover Beach.” Now I know what Arnold meant when he saw an elegiac sadness in ages and armies.
All we need to do is go back to 2000 — when our known world ended — when five Republican Supreme Court justices gave new meaning to “one man, one vote.” The deciding votes were out of the citizens’ hands; nine officials voted 5-to-4 — freezing a close vote count in Florida to determine the true winner. They shut democracy down.
That rude decision changed the course of the 21st century. George W. Bush swerved into war in Iraq, giving rise to ISIS today. Remind me: What were we fighting for? Following the Sept. 11 terrorist attacks, were the pretext to war, when 19 men (15 Saudis) were hijackers in a clever plot. The unprepared U.S. Army and the American viceroy, Paul Bremer, destroyed civil society in Iraq. What a mess.
The Court outrage for the ages must not be forgot in Scalia’s dramatic death, political to the end. The decision is full of rich contradictions. Scalia, who often mocked “nine unelected lawyers” in democracy, sprang into action by stopping vote counting in Florida. The governor of Florida then was Jeb Bush. In unseemly partisanship, Scalia departed from his so-called “originalist doctrine” to strongly urge the Court to stop counting. He also abandoned his emphasis on states having a say in governance by shortchanging the Florida Supreme Court. Hs loyal colleague, Clarence Thomas, followed him every step — Thomas who was nominated by President George H.W. Bush in 1991.
Justice Scalia died on a West Texas luxury ranch during a hunting trip. His death was apt, given his pugilistic style in upholding gun rights and every conservative cause in creation. Washington can’t get over that he’s gone, friends and foes alike. The senior sitting justice loomed large as the fiercest player, in every word he spoke and wrote. The vacancy gives President Obama one more try to work his will on a hostile Senate.
It will take time for the country to heal from the bitter beginning of the 21st century that Scalia and the Bush dynasty gave us. And for the record, I will never get over it.
By: Jamie Stiehm, The National Memo, February 19, 2016
“Democrats, Don’t Blow It”: Ask Yourselves, Whom Would You Prefer To Name Future Supreme Court Judges?
The death of Antonin Scalia has set off yet another epic partisan struggle as Senate Republicans seek to deny President Obama his constitutional right to nominate the next Supreme Court justice. They want to wait out Obama’s last year in office, hoping his successor will be one of their own.
If the Democrats choose Bernie Sanders as their presidential candidate, Republicans will almost certainly get their wish. Furthermore, the Republican president would probably have a Republican-majority Senate happy to approve his selection.
The makeup of senatorial races this November gives Democrats a decent chance of capturing a majority. Having the radical Sanders on the ballot would hurt them in swing states.
Some Sanders devotees will argue with conviction that these purplish Democrats are not real progressives anyway, not like our Bernie. Herein lies the Democrats’ problem.
No sophisticated pollster puts stock in current numbers showing Sanders doing well against possible Republican foes. The right has not subjected Sanders to the brutality it routinely rains on Hillary Clinton — precisely because he is the candidate they want to run a Republican against. Should Sanders become the nominee, the skies will open.
One may applaud Sanders’ denunciation of big money in politics, but a moderate Democrat in the White House could do something about it. A democratic socialist not in the White House cannot. Campaign finance reform would be a hard slog under any circumstances, but a seasoned politician who plays well with others could bring a reluctant few to her side.
Some younger liberals may not know the history of the disastrous 2000 election, where Republicans played the left for fools. Polls were showing Al Gore and George W. Bush neck-and-neck, particularly in the pivotal state of Florida.
Despite the stakes, prominent left-wing voices continued to back the third-party candidacy of Ralph Nader. You had Michael Moore bouncing on stages where he urged cheering liberals to vote for the radical Nader because there was no difference between Gore and Bush. Republicans, meanwhile, were running ads for Nader. That was no secret. It was in the papers.
When the Florida tally came in, Bush held a mere 537-vote edge. The close results prompted Florida to start a recount of the votes. Then, in a purely partisan play, the conservative majority on the Supreme Court stopped the recount, handing the election to Bush.
The bigger point is that Gore would have been the undisputed winner in 2000 had Nader not vacuumed up almost 100,000 Florida votes, most of which would have surely gone to him.
Same deal in New Hampshire, where Nader siphoned off more than 22,000 votes. Bush won there by only 7,211 ballots.
Now, Sanders is an honorable man running a straightforward campaign for the Democratic nomination. One can’t imagine his playing the third-party spoiler.
But what makes today similar to 2000 is how many on the left are so demanding of ideological purity that they’d blow the opportunity to keep the White House in Democratic hands. Of course, they don’t see it that way. This may reflect their closed circle of like-minded friends — or an illusion that others need only see the light, and their hero will sweep into the Oval Office.
The other similarity to 2000 is the scorn the believers heap on the experienced liberal alternative. They can’t accept the compromises, contradictions and occasional bad calls that attach to any politician who’s fought in the trenches.
The next president will almost certainly be either Clinton or a Republican. Democrats must ask themselves: Whom would you prefer to name future Supreme Court judges?
By: Froma Harrop, The National Memo, February 16, 2016
“How To Make The Supreme Court More Accountable”: The Most Powerful, Least Accountable Public Institution In The Country
Justice Samuel A. Alito’s sister is a high-powered labor attorney who represents management in disputes with workers. Justice Elena Kagan’s brother, a teacher at an elite public school in New York, has protested the school’s admissions process because of low minority enrollment. And Justice Stephen G. Breyer’s son co-founded a tech company that broadcasts civil court proceedings.
Does having relatives involved in labor disputes, affirmative action battles, and cameras in courtrooms affect how Supreme Court justices decide cases and manage their institution? They say no, and we’re supposed to take them at their word. But is “trust us” really good enough for the nation’s highest court?
A confluence of recent events has made the Supreme Court the most powerful, least accountable public institution in the country. It is time to make the justices more accountable to the American people.
The court rules on wide-ranging issues fundamental to American life — where we can pray, who is eligible to vote and marry, how much regulation businesses should face, and who has access to health insurance. And with Congress gridlocked and relations between the legislative and executive branches at a historic nadir, the court’s opinions are binding and irreversible. So much for checks and balances.
In spite of this vast power, the justices have little accountability. Not only do they decide for themselves when to recuse themselves from cases in which they have conflicts; they also aren’t bound to a code of ethics the way the rest of federal judiciary is. They can decide how much information on investments and travel to release in their annual financial disclosure reports, and they determine when and where people can demonstrate near their building.
Yet for all the flaws and impenetrability at the Supreme Court, the problems could be solved rather quickly. Unlike the consensus required to make changes in Congress, the Supreme Court is largely in charge of its own rules — and Chief Justice John G. Roberts Jr. himself could usher in most of the vital changes needed, including tightening requirements on recusals, requiring the justices to adhere to the Code of Conduct for U.S. judges, posting disclosure reports online, providing advance notice for public appearances and permitting live audio and video in the courtroom.
Roberts has been loath to implement any changes. Years ago when he was asked about the benefits of permitting live broadcasts of oral arguments, Roberts replied, “It’s not our job to educate the public,” as if saying he was comfortable hiding behind the cast-iron doors in perpetuity.
A new organization I’ve launched, Fix the Court, will take on some of what the court should be doing itself. Each week, we release information online about the justices related to five issue areas — recusals, disclosures, ethics, public appearances and media and public access. But public pressure is also needed to encourage the justices to be more transparent.
You may not have known, for example, that Justice Clarence Thomas ruled on Bush v. Gore while his wife was collecting candidates’ resumes to recommend to a new Bush administration. Or that Justice Ruth Bader Ginsburg spoke at a National Organization for Women conference soon after ruling on a case in which the group had submitted a brief to the court. (Ginsburg sided with NOW in the case.) Or that just last year, Justice Antonin Scalia was part of the court majority siding with anti-abortion advocates who said a Massachusetts law allowing a buffer zone around abortion clinics violated the 1st Amendment — even though his wife had been on the board of a pro-life organization and served as a “crisis counselor” to pregnant women. These are but a few of the examples where the justices may not have exercised proper discretion in hearing a case. There are dozens more.
Mustering public support for reform is the first step, and that shouldn’t be too difficult: Despite the well-documented political divisions across the country, Republicans, Democrats and Independents are united in their desire for a more accountable Supreme Court. Recent polling found that more than 85 percent of Americans of all ideologies support requiring the justices to follow the judicial code of conduct from which they are currently exempt. Large majorities also support cameras in the courtroom and compelling the justices to post disclosure reports online.
The recent elections were a stark reminder of how responsive and accountable Congress and the president can be to the will of the public. Frustrated voters displayed little reluctance sending a message to Washington lawmakers, kicking some out and starting over.
Supreme Court justices, rightly, can’t simply be voted out of office. But the time has come to end the special rules that exempt them from scrutiny by the American public.
By: Gabe Roth, Executive Director of Fix the Court, The Los Angeles Times; The National Memo, December 4, 2014
“The ‘Toil And Trouble’ Of The Bush Dynasty”: The Resurrection Of A Dangerous Political Family
Here’s how I picture Jeb Bush, with his father George and his big brother George, huddled around a boiling cauldron: “When shall we three meet again?/in Florida, Texas or in Maine?”
Any resemblance to the Macbeth witches in thunder, lightning or rain is, of course, intentional. The Washington buzz that Jeb Bush will follow in his brother’s and his father’s footsteps in running for president is a bit scary for democracy. They are not done with us yet. Good and bad things come in threes.
Beware the current wave of nostalgia for Bush rule. They are not the brightest dynasty under the sun, but the House of Bush has staying power. If genial Jeb Bush, the former governor of Florida runs, then we the people will be in for another pounding by an Eastern elitist family. They masquerade their cultural origins as south by southwest. But it all started with Prescott Bush, a Connecticut senator.
As the faithful gathered this past weekend in Texas to mark the 25th anniversary of the first Bush presidency, the Bush men are also re-engineering the family story with help from friends like Jim Baker and conservative cheerleaders in the national media. Even columnist George Will, who scorned the elder Bush, is on-message for Jeb as a moderate man of substance. He practically invented school choice. The rest of the story line goes something like this.
Apparently, the one-term president George H.W. Bush, aka “Poppy,” was a seasoned foreign policy hand who conducted the end of the Cold War with magisterial ease. Skeptics like me think it just happened to happen on his watch. His son, George W. Bush, upset a lot of China with wars of choice that proved feckless. But wait, we now know he has the perceptive sensibility of an artist. We know he could see into the soul of Vladimir Putin, the Russian president, after Putin “dissed” Bush’s dog Barney. The 43rd president told this tale as he explained his portrait of Putin – which is rather good, actually.
A pity that W. missed his calling. He never should have been president of the United States, and not only for his military misadventures. He never lost sleep over commandeering civil liberties. The “war president” did not write home much to a beleaguered, rattled public in the years after 9/11, though his visit to the site of the fallen towers is seen as a high point. While Washington slept, New Orleans wept as Hurricane Katrina raged past the broken levees of the beguiling city. The lame presidential response was the domestic analogue of the haphazard way the wars were being waged abroad. And then came the economy’s pitch downward.
The Bushes set great store by winning, any which way. The fury of the Clarence Thomas Supreme Court hearing back in 1991 went down the way it did because H.W. Bush would not back down on a divisive nominee who made many women’s blood boil. If you remember the Willie Horton political ads against Michael Dukakis in 1988, that was also Poppy’s way of doing business. He has said he’ll do whatever it takes to win, though vision was never his thing.
The family penchant for winning at all costs came to a head in Florida in the Bush v. Gore showdown in 2000. Shakespeare could not have set the scene or the stakes better, with the fate of the nation hanging on a state governed by a brother Bush. All family human resources rushed down there, with Baker leading the way and strategy. If the fight seemed fierce, the outcome felt preordained. The Supreme Court stopped the vote count cold. It was all over, by a 5-4 vote. Indeed Thomas was “the best man for the job,” as Poppy put it in 1991.
Let it not be forgot, this is how the Bush dynasty defines “one man, one vote.”
By: Jamie Stiehm, U. S. News and World Report, April 7, 2014
“The Arrogance Of The Third Political Branch”: The Supreme Court Uses Judicial Activism For Conservative Ends
We prefer to think of the Supreme Court as an institution apart from politics and above its struggles. In the wake of this week’s decision gutting the heart of the 1965 Voting Rights Act, its actions must now be viewed through the prism of the conservative movement’s five-decade-long quest for power.
Liberals will still win occasional and sometimes partial victories, as they did Wednesday on same-sex marriage. But on issues directly related to political and economic influence, the court’s conservative majority is operating as a political faction, determined to shape a future in which progressives will find themselves at a disadvantage.
It’s true that the rulings voiding the Defense of Marriage Act and California’s Proposition 8 show how the liberalizing trend on some social issues is hard for even a conservative court to resist.
The Defense of Marriage Act was invalidated because one of the conservatives, Justice Anthony Kennedy, has joined much of the American public in an admirable move toward greater sympathy for gay and lesbian rights.
And the decision on California’s anti-gay marriage law was reached by an ideologically eclectic majority on procedural grounds. Five justices held that the case had been improperly presented because the state of California declined to appeal a lower court’s ruling voiding the law.
This led to a middle-of-the-road outcome. The court declined to declare a national, Constitutional right to same-sex marriage, but did give gay-rights advocates a victory in California. By leaving the issue in the electoral sphere in most states, the court opened the way for further advances toward marriage equality, since public opinion is shifting steadily in its favor, fueled by strong support among younger Americans.
The marriage rulings, however, should not distract from the arrogance of power displayed in the voting rights decision written by Chief Justice John Roberts. His opinion involved little Constitutional analysis. He simply substituted the court’s judgment for Congress’ in deciding which states should be covered under the Section 4 of the Voting Rights Act, which required voting rules in states with a history of discrimination to be pre-cleared by the Justice Department.
The court instructed Congress to rewrite the law, even though these sophisticated conservatives certainly know how difficult this will be in the current political climate.
Whenever conservatives on the court have had the opportunity to tilt the playing field toward their own side, they have done so. And in other recent cases, the court has weakened the capacity of Americans to take on corporate power. The conservative majority seems determined to bring us back to the Gilded Age of the 1890s.
The voting rights decision should be seen as following a pattern set by the rulings in Bush v. Gore in 2000 and Citizens United in 2010.
Bush v. Gore had the effect of installing the conservatives’ choice in the White House and allowed him to influence the court’s subsequent direction with his appointments of Roberts and Justice Samuel Alito.
Citizens United swept aside a tradition going back to the Progressive Era — and to the Founders’ deep concern over political corruption — by vastly increasing the power of corporate and monied interests in the electoral sphere.
Tuesday’s Shelby County v. Holder ruling will make it far more difficult for African-Americans to challenge unfair electoral and districting practices. For many states, it will be a Magna Carta to make voting more difficult if they wish to.
The Constitution, through the 14th and 15th Amendments, gives Congress a strong mandate to offer federal redress against discriminatory and regressive actions by state and local governments. As Justice Ruth Bader Ginsburg noted in her scalding but very precise dissent, “a governing political coalition has an incentive to prevent changes in the existing balance of voting power.”
In less diplomatic language, existing majorities may try to fix election laws to make it far more difficult for their opponents to toss them from power in later elections. Republican legislatures around the country passed a spate of voter suppression laws disguised as efforts to guarantee electoral “integrity” for just this purpose.
Recall that when conservatives did not have a clear court majority, they railed against “judicial activism.” Now that they have the capacity to impose their will, many of the same conservatives defend extreme acts of judicial activism by claiming they involve legitimate interpretations of the true meaning of the Constitution.
It is an inconsistency that tells us all we need to know. This is not an argument about what the Constitution says. It is a battle for power. And, despite scattered liberal triumphs, it is a battle that conservatives are winning.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, June 27, 2013
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