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“A Yuuuge Media Failure”: The Press Was Wrong, And Remains Wrong, About Donald Trump

The system failed. That’s what they say about the establishment Republican party, such as it is. For me, there is a logical progression from Newt Gingrich’s harsh revolution to the present moment. The tea party brought Donald Trump to the 2016 dance with its angry outsider rhetoric. Six years ago, the tea party whipped up a frenzy that Trump has furthered with every passing day as the Republican primary front-runner.

Count me out of mourning for the Republican party. This is the party that produced Richard Nixon, a vicious spirit, schemer and liar. Please don’t tell me about China, or I’ll bring up Vietnam and Cambodia. This is the party that gave us George W. Bush by one Supreme Court vote over the popular vote. The Iraq War was the longest, and for what? It has tied the Middle East up into knots and power vacuums. This is the war nobody won. Bush left messes for his successor, Barack Obama, to clean up for eight years, not to mention junking good will from our allies and military morale.

This is the party that has given us hundreds of members of Congress that, to a man, oppose reproductive rights for girls and women. There’s only one Republican woman defined as a pro-choice moderate: Sen. Susan Collins of Maine. One. This is the party that gave us Clarence Thomas. Need I say more?

But there are tears that another system failed, a system just as central to democracy. Despite great debate coverage, the press has failed and fallen down on the job of covering Trump, and I’ll tell you how. First they – we – snidely covered him as head of the “clown car,” assuring readers and viewers that he could never win the nomination despite his strong poll numbers from the start. That was a strong chorus from friends and foes alike. Don’t worry, nobody could take him seriously as a standard-bearer.

I belong to this tribe, some of my best friends are journos, but I did not share this complacency. I had actually watched Trump’s reality show, “The Apprentice,” with a reluctant respect for his deal-making and character judgment. Like him or not, he is a formidable player. And, clearly, the climate was just right for him. Now the confessions and apologies are coming up for air, from white male pundits who never saw Trump’s swath coming. Like a lifeguard who misses a tidal wave coming to shore. I won’t name names, but I will say the reason for this short-sightedness is that the media viewed Trump through the spectacles of our own class privilege.

For my part, I wrote that Trump might be a “textbook demagogue” fully ahead of the wave. And I give him credit for vociferously criticizing the Iraq War, which may be part of his populist appeal. He is the only candidate to decry that foreign policy folly, except for his fellow populist, Sen. Bernie Sanders. To me, the scary thing is that he wasn’t even the worst in the Republican line-up. I’d take him over Jeb Bush any day, or the other Floridian, Sen. Marco Rubio, the pretty darling of the pundits.

Winds of white working-class anger were blowing out there, at Trump’s rallies, but not taken seriously enough as a force. Now that we people in the press have sobered up, I fear that pendulum is swinging the other way, and the press is taking Trump too seriously. Conservative pundit Kathleen Parker wrote this in Sunday’s Post: “Trump is still terrible for the country, and therefore the world.” In Monday’s Post, Fred Hiatt tore into Trump as a narcissist, a bigot and yes, a demagogue. So now the clown is being demonized.

Here in the world’s oldest democracy, let’s let the party decide without undue hysterics from the establishment media. Yes, the press is compensating for reading the winds so wrong when the stakes are so high. But it happens all the time.

 

By: Jamie Stiehm, U. S. News and World Report, March 14, 2016

March 15, 2016 Posted by | Donald Trump, Mainstream Media, Press | , , , , , , , , | Leave a comment

“That 1992 Clip Of Biden Is Very Misleading”: No, Joe Biden Is Not A Supreme Court Hypocrite

It’s a mighty thin reed that Republican leaders hang onto when they selectively cite then-Sen. Joe Biden’s remarks from 24 years ago as evidence to deny any Obama appointee to the Supreme Court a fair hearing and a vote. President Obama is right in saying, “We all know senators say stuff all the time,” and the excerpt Mitch McConnell and the other Republican leaders cite to support their obstructionism is not what Biden was saying when he spoke at length on the Senate floor in late June 1992.

It was the end of the court’s term, a time when aging justices often hand down their resignations. There were retirement rumors about 83-year-old Justice Harry Blackmun. Biden, in his role as chairman of the Judiciary Committee, wanted to discourage Blackmun from stepping down and the Bush White House from thinking it could confirm a replacement before the election now five months away.

There was no vacancy on the court, and Biden wanted to keep it that way. In just two weeks, the Republicans would hold their party convention with President George H.W. Bush running for re-election in a highly charged three-person race against Democrat Bill Clinton and Independent Ross Perot. In the Senate, hard feelings lingered from the previous October’s Anita Hill hearings, and Biden warned that if the administration tried to get one or the other justices to resign in order to create a vacancy, he wasn’t inclined to go along with that.

And if they did—and here’s the olive branch, which funny enough isn’t getting much air time as the old clip is replayed—he would consider confirmation of a nominee in the Kennedy mode, as in Justice Anthony Kennedy, a solid but conservative-leaning jurist who was confirmed unanimously in February 1988, Ronald Reagan’s last year in office. Biden didn’t in any way say or imply he wouldn’t be holding hearings, or that he would do what McConnell and the other Republicans on the Judiciary Committee are doing, which is sight unseen refusing to hold hearings or to even meet with the nominee.

It is a show of disrespect not only for Obama but also for the Constitution and the executive’s role to propose and the Senate’s to advise and consent. McConnell gleefully cited the cherry-picked Biden excerpt as proof of what would happen “if the shoe were on the other foot.” But if that were true, the GOP would at least go through the motions before regretfully finding the nominee is an extremist they can’t support. That would be rough politics as usual.

The bigger question: Will anyone nominated be out of the running for Hillary Clinton, if she’s the next president? Or will that person move to the front of the queue? Will Republicans feel compelled to go after that person with extra zeal? And given these unknowns, who would say yes to Obama?

Biden chaired the Senate Judiciary Committee from 1987 to 1995, presiding over two of the most contentious nominations in history, Robert Bork and Clarence Thomas. Bork’s “originalism,” in the mold of the late Justice Antonin Scalia, sparked strong opposition and his extensive writings gave critics plenty to work with. The assault was brutal, giving rise to the verb, to be “borked.” Biden won praise for challenging Bork on certain rights to privacy that he rejected because they weren’t enumerated in the Constitution. The full Senate rejected Bork 58-42, with six Republicans joining 52 Democrats to vote against him.

The Anita Hill hearings in October 1991 were not Biden’s finest hour, and his role chairing those hearings will be reprised in the HBO movie Confirmation, airing on April 11 and starring Kerry Washington as Hill, Wendell Pierce as Clarence Thomas, and Greg Kinnear as Biden.

Emotions are still raw even after 25 years, and the scuttlebutt in Washington is that Biden will not be pleased with his depiction in the film as far too deferential to Thomas.

That may surprise viewers today, but criticism then of Biden, as one disaffected liberal put it, was not that he was a partisan in-fighter, but that “he bent over backwards to grease the skids for the most unqualified successful Supreme Court nominee we have ever seen.”

People involved in the fight then and interviewed for this article did not want to be quoted by name. The hearings were brutal, with Thomas calling them “a high-tech lynching.” Women’s groups siding with Hill were convinced Thomas was lying and demanded Biden order lie-detector tests and subpoena records of X-rated films Bork had allegedly rented. They blamed Biden for not putting more pressure on Hill to come forward earlier.

The coziness of an all-male and all-white Judiciary panel grilling Hill, a prim college professor who had reluctantly come forward alleging sexual harassment by Thomas, set the stage for a political revolution. The following year, 1992, a record number of women sought political office and a record number won, dubbing it the “Year of the Woman.”

The HBO film will portray at least one witness against Thomas that Biden never called and that critics believe could have ended Thomas’s confirmation. Biden in his role as chairman told the woman the Republicans had dug up more stuff on her, and he described what she would face on national television if she came forward. She chose not to testify, and her statement is in the hearing record.

Confirmation will air at a potentially critical time in the current court fight, but whatever conclusions viewers draw, it should be underscored that Biden let the nominations of Bork and Thomas go forward even if he and his political party disagreed. They each got a vote, and Thomas is now in his 24th year on the court after being confirmed with a mere 52 votes in the Senate.

 

By: Eleanor Clift, The Daily Beast, March 3, 2016

March 4, 2016 Posted by | Joe Biden, Mitch Mc Connell, Senate Republicans, U. S. Supreme Court Nominees | , , , , , , , | Leave a comment

“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

February 20, 2016 Posted by | Antonin Scalia, Bush Family, U. S. Supreme Court | , , , , , , , , , | Leave a comment

“You’ve Come A Long Way, Maybe”: The Women Who Ran Before Hillary And Carly

In a blast from the past, two women who ran for president, Pat Schroeder in 1988 and Carol Moseley Braun in 2004, liken their experience to what Hillary Clinton and Carly Fiorina are up against today. It’s a very different world but still frighteningly similar in the assumptions made about female candidates.

Clinton has shattered stereotypes about women and fundraising, and she’s put in place a campaign infrastructure that surpasses any of her rivals. Fiorina is testing the boundaries of what once might have been dismissed as a catfight by taking direct aim at Clinton. And both camps are exploring how much gender solidarity exists with fewer glass ceilings and a millennial generation that is much more willing to elect a woman to the White House.

Democratic Representative Schroeder said the thing that made her nuts was people saying, “I just can’t imagine having a man for First Lady. How do you relate to that? Images are so hard to crack.” For example, how do you show a woman working hard? With a man, he loosens his tie and rolls up his sleeves. Women look like unmade beds or models, she said. 

Schroeder coined the phrase “Teflon president” for Ronald Reagan, and she took on the sexism in Congress, declaring, “I have a uterus and a brain and I use them both.” A long-serving member of Congress on the Armed Services Committee, she dropped out of the ’88 race in September ’87, before any votes were cast. She said the media covered her only when she spoke to women’s groups.

Ambassador Braun was the first and still only African-American woman elected to the U.S. Senate. After serving a single term and losing her bid for reelection, she ran for president in 2004 after a short stint as ambassador to New Zealand. She dropped out before the Iowa caucus, but lives on in the highlight reel of debates with her quip that the black vote decided the 2000 election—Clarence Thomas’s vote in the Bush v. Gore Supreme Court decision.   

Money was a problem for both women, but they were also running against ingrained images of what a president is supposed to look like. 

“We don’t have the equivalent of looking large and in charge,” said Braun in a conference call organized by the Barbara Lee Family Foundation, which is partnering with the Center for American Women and Politics to provide historical context for the current race. 

“The concept of a woman reviewing the troops is almost incomprehensible,” she said. “Will we have the equivalent of Angela Merkel? I hope so…You have to navigate cultural quicksand in a way no male candidate has to do.” 

“The commander in chief thing is a hang-up,” agreed Schroeder, who was criticized for crying in the press conference when she withdrew from the presidential race. Irked by what she perceives as a double standard, Schroeder for years kept a “crying folder” filled with newspaper clips of men who were applauded for crying.

A woman getting into it with another woman was always dangerous territory. Several times in a congressional career that spanned the ’70s, ’80s and ’90s, Schroeder faced a female opponent for her congressional seat. “We had to be so careful. The media wanted to make it a catfight. We had to make it a tea party.”

Leslie Sanchez, a Republican consultant on the conference call, said she has gotten lots of calls about Fiorina and the way she goes after Clinton. Some say it’s a catfight but Sanchez says, “That’s her style, she’s very direct. People can make of it what they want it to be.”

Much of what Schroeder and Braun had to say is turned on its head by Clinton, who can hold her own on any of the standard ways a campaign is measured. Toughness doesn’t appear to be her problem, and after watching her perform as secretary of state, reviewing the troops doesn’t seem out of bounds as an image that Americans could get comfortable with.

But there are clues in these earlier campaigns to what some Democrats are giving voice to, and that is the lack of enthusiasm for Clinton and the historic nature of her candidacy. She is no Barack Obama, exciting young people and minorities; she doesn’t have her husband’s empathy with the voters, and she’s not a one-woman reality show who can (almost) fill a stadium the way Donald Trump can.

To win, she needs the sisterhood to turn out in force, and the historical data isn’t there. Kathleen Harrington, deputy campaign manager for Elizabeth Dole’s 2000 presidential race, said on the call that older women—women older than Dole, who was 54 at the time, were “incredibly supportive.” Among women over 60, “There was hunger for a woman president,” said Harrington. Younger women, not so much—they’ve got time for history.   

The rallying cry since the 1980s is that the time for women had come, and in 2008 when Clinton ran for president, “We really assumed women would gravitate toward a female candidate. And that was true for women over 45,” says Sanchez. “Democratic women under 45 voted on personality and policy, not gender.”  

Sanchez did research across the aisle for her 2009 book, You’ve Come a Long Way, Maybe. Her advice for Fiorina, who’s used to being in business circles and the only woman in the room, is to remember the ladies. “I don’t see her talking to conservative women although they have evangelized around her. There are so many woman entrepreneurs she can talk to.” As for Clinton, keep riding the Girl Power movement, as this piece of history has been a long time coming.  

 

By: Eleanor Clift, The Daily Beast, August 23, 2015

August 24, 2015 Posted by | Carly Fiorina, Hillary Clinton, Women Voters | , , , , , , | 1 Comment

“Hey, Liberals; SCOTUS Ain’t Your Friend”: Conservatives Literally Want To Roll Back The Judicial Clock To 1905

It would be understandable if liberals were feeling kind of relaxed, kind of “Supreme Court, what’s so bad?” over the weekend. John Roberts and Anthony Kennedy delivered for our team on Obamacare, and then Kennedy came through again on same-sex marriage. If this is a conservative court, is getting a liberal one—which will be one of the trump-card arguments for voting for Hillary Clinton next fall—really a matter of such pressing urgency?

Well, yes. As we saw yesterday with the court’s death-penalty and EPA rulings, it’s still a long way from being a liberal court. But there’s more to it than that. People should remember that if a Republican is elected president next year and has the chance to replace Kennedy and/or Ruth Bader Ginsburg with another Samuel Alito, the Obamacare and same-sex marriage standings could easily be reversed. And don’t think there aren’t conservatives out there thinking about it, because there most certainly are, and they literally want to roll back the judicial clock to 1905.

An interesting and important debate opened up over the weekend in conservative legal circles that you should take time to educate yourself about. Many conservatives, of course, are furious with Roberts and Kennedy and are wondering, with conservatives like this, who needs liberals?

The ins and outs of the debate were deftly summarized yesterday by Ian Millhiser of Think Progress. I’m not going to take you as deep into the jurisprudential weeds as Millhiser does, but here’s the basic story. Since the 1980s, “judicial restraint” has been the guiding principle of conservative jurisprudence—the idea that judges shouldn’t make law from the bench but should rule more narrowly and modestly, deferring to the other branches. Roberts was invoking judicial restraint during his confirmation hearings with that famous line about judges just calling “balls and strikes.”

Judicial restraint was appealing to conservatives at the time because to a large extent, majorities of the public shared their views on pressing issues of the day. It was liberals back then who were trying to gain through the courts what they could not accomplish through legislatures and the political process.

But now that reality is to a considerable extent reversed. Public opinion is firmly against conservatives on same-sex marriage, and even on Obamacare, though the law (or the name of the law) remains unpopular, polling before last week’s decision showed that majorities didn’t want the Court to take away people’s health-care subsidies. And besides, Obamacare is after all a law, duly passed by the people’s representatives in Washington.

So now it’s the right trying to achieve through the courts outcomes that it could not through the political process. This is what Roberts in essence said in his majority opinion upholding the health-care law. “Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them,” Roberts wrote. “If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter.”

All of this takes us back to Lochner v. New York, a 1905 decision that I’m not going to get into here (Millhiser does) but that in essence used the Fourteenth Amendment to extend rights not to individuals but to employers. The decision led to a series of decisions up through the New Deal that invalidated several key pieces of progressive legislation protecting workers and more. The Lochner majority relied on a view of the Fourteenth Amendment that is now discredited—except on the far right.

Which brings us to this past weekend. Conservative Georgetown law professor Randy Barnett wrote a column lambasting judicial restraint, arguing that “selecting judges with the judicial mindset of ‘judicial restraint’ and ‘deference’ to the majoritarian branches leads to the results we witnessed in NFIB [the first upholding of Obamacare back in 2012] and King.” He wants judges who embrace Lochner and who understand the “duty of judges to invalidate unconstitutional law without restraint or deference.”

Barnett specifically cited Clarence Thomas as an example of a judge who has this depth of understanding. And conservative law professor Jonathan Adler, one of the two, ah, creative minds who brought us the bogus King v. Burwell lawsuit in the first place, tweeted over the weekend that if a Republican wins the election next year, he ought to put Utah Senator Mike Lee on the court. As Millhiser notes, Lee is huge Lochner-ian, to the point that he thinks that Social Security, Medicare, and child labor laws are all unconstitutional.

Barnett wrote in his column that there would heretofore be a new standard that conservative legal scholars will demand of Republican presidential nominees. Now, dimwit candidates like Jeb Bush and Marco Rubio who yammer on about “judicial restraint” and “deference to the other branches” will be exposed as the traitors in waiting that they are, capable of upholding abominable notions like letting people who love each other get married or giving working-class and poor people a little financial help so they can take their kids to the doctor. Judicial restraint, apparently, breeds certain counter-revolutionary tendencies.

And this, finally, circles us back to the 2016 election and health care and marriage equality. Several legal challenges to Obamacare are still pending. Other inventive approaches no doubt await us. For example, a group of legislators in some red state could sue claiming that as the elected representatives of the people, they were denied by the court their proper deliberative role in the process of deciding how to bring health care to their state. If we get a Republican president and he puts a Barnett/Adler-approved justice on the court, poof, sayonara subsidies.

Same-sex marriage’s majority is even more precarious. For example: A gay plaintiff or plaintiffs could bring some kind of discrimination lawsuit (despite the marriage win, there still are other kinds of discrimination lawsuits on the books). A Lochner-loving majority of five could use that suit as the occasion to say, actually, discrimination here is legal, and while we’re at it, this marriage business…

And mind you, from a legal point of view, this would be legitimate. After all, think of it this way: If Kennedy had retired shortly after Citizens United and Barack Obama had put a liberal on the bench, liberals would have advanced at least one legal vehicle to try to get campaign-spending issues before the Court again hoping for reversal. All’s fair in campaign-finance, health care, love, and bigotry.

Imagine how that would feel—same-sex marriage overturned. Right now it’s hypothetical, but it is a long, long way from impossible. And if the Republican wins in 2016, and if Barnett’s arguments carry the day, we could end up with two or three more Alitos on the bench.

Still feeling relaxed?

 

By: Michael Tomasky, The Daily Beast, June 30, 2015

July 1, 2015 Posted by | Conservatives, Liberals, SCOTUS | , , , , , , , , , | Leave a comment