“Court Packing Scheme”: GOP Plots To Hollow Out The Federal Courts
The high-water mark of FDR’s power came when he tried to give himself the power to appoint six new Supreme Court justices, which opponents decried as an underhanded scheme to rig the court with justices who favored his agenda.
Now, 75 years later, Republicans are trying to do the same thing, but in reverse. Sen. Chuck Grassley, the ranking Republican on the Senate Judiciary Committee and thus the most important member of his party on such issues, introduced legislation yesterday that seems innocuous enough at first. Here’s how he explained it in a hearing yesterday:
This legislation is straightforward. It would add a seat to the Second and the Eleventh Circuits. At the same time, it would reduce the number of authorized judgeships for the D.C. Circuit from 11 to 8. If adopted, this legislation would be a significant step towards rectifying the extreme disparities between the D.C. Circuit and the Second and Eleventh circuits.
Even the name of Grassley’s bill, “The Court Efficiency Act,” sounds anodyne, but the bill’s sponsors — including Sens. Ted Cruz and Mike Lee, two of the most extreme Republicans on legal issues — should give one pause.
See, for months, Republicans have been filibustering Obama’s nominations to the D.C. Circuit Court of Appeals, among others. Grassley’s bill would simply eliminate three of those vacancies, reducing the court from 11 to eight judges, and thus cement the existing conservative majority on the country’s second most powerful court, after only the Supreme Court.
Nan Aron, the president of the Alliance for Justice, a progressive legal advocacy group, said the move is just a clever reinterpretation of FDR’s “court-packing scheme.” “The conservative majority on the D.C. Circuit has used its power to issue decisions undermining protections for workers, consumers, and the environment that affect all Americans. This activism is possible only because there are four vacancies on the court,” Aron said.
The stated reason for Grassley’s bill is to equalize the caseload between the D.C. Circuit and other courts, but Ian Millhiser, a legal expert at the Center for American Progress, calls Grassley’s pretext “highly misleading.” “Unlike other federal courts of appeal, the D.C. Circuit hears an unusually large number of major regulatory and national security cases, many of which require very specialized legal research, involve intensely long records, and take more time for a judge to process than four or five normal cases of the kinds heard in other circuit,” he wrote at ThinkProgress.
While Democrats deployed the filibuster against judicial nominees under Bush, Republicans have used it far more often by any measure. The slow pace of confirmations has hollowed out the federal judiciary to such a degree that Chief Justice John Roberts warned the courts were facing a crisis and called on Republicans to advance more judges.
By: Alex Seitz-Wald, Salon, April 11, 2013
“Mr 13 Percent”: Why Are Congressional Republicans Taking Dick Cheney’s Advice On North Korea?
Former vice president Dick Cheney reportedly issued a stern warning on North Korea to Congressional Republicans Tuesday, and in the process raised an important question: Why on Earth would anyone listen to Dick Cheney’s foreign policy advice?
According to a CNN report, a cowboy hat-wearing Cheney told the attendees of a GOP leadership meeting that “we’re in deep doo doo” with regard to North Korea.
“Here’s a young guy we don’t know very much about — have very little intel on him, so we just need to make sure that we don’t assume why he’s doing what he’s doing because he could be doing what he’s doing for any number of reasons,” Cheney told the Republican lawmakers, according to Representative Steve Southerland (R-FL).
Cheney attended the meeting as an invited guest of the third-ranking Republican in the House, majority whip Kevin McCarthy (R-CA).
The notion that House Republicans would seek out Cheney’s counsel is rather mind boggling. Should a group with a pathetic 24 percent approval rating really be taking advice from a man who left office at a startling 13 percent?
It’s not as if Americans rejected Cheney for no reason. On almost every major foreign policy issue — including Iraq, Afghanistan, torture, climate change, and everything in between — Cheney pushed the Bush administration in often catastrophically wrong directions.
North Korea is no exception. As Fred Kaplan explained in a 2004 piece for Washington Monthly, the Bush administration entered the White House with the stage set for diplomatic progress — only to have the neoconservative foreign policy team shut down all negotiations. Kaplan singled out Cheney for resisting engagement, describing the vice president’s general position as “As long as the North Koreans were pursuing nuclear weapons, even to sit down with them would be ‘appeasement,’ succumbing to ‘blackmail,’ and ‘rewarding bad behavior.’”
As a result, the Bush administration all but ignored North Korea’s steady march towards construction of a nuclear weapon — even intentionally covering up information on North Korea’s nuclear program to avoid distracting the public from its misguided case for war in Iraq.
By 2002 the administration’s approach had proven so ineffective that James Kelly — then the assistant secretary of state for Asian affairs — told Kaplan that then-South Korean President Roh Moo Hyun told him, “‘I wake up in a sweat every morning, wondering if Bush has done something unilaterally to affect the [Korean] peninsula.”
So if America is now in “deep doo doo” with a nuclear North Korea, Cheney has no one to blame but himself and his former Bush administration colleagues. And if House Republicans insist on trying to bring back the Bush foreign policy team, then they will have no one to blame but themselves when their approval rating plummets all the way down to Cheney territory.
By: Henry Decker, The National Memo, April 11, 2013
“Remaining In Denial”: The GOP Must Come To Terms With George W. Bush’s Disastrous Presidency
It’s still freezing in much of country, but it’s springtime for Republican intellectuals.
With the Romney debacle behind them, a number of analysts have gone public with accounts of the party’s failures and ambitious proposals for its reform. Over the last few weeks, Ross Douthat, Michael Gerson and Pete Wehner, Yuval Levin, Ramesh Ponnuru, Jim Pethothoukis, David Frum, and Tod Lindberg have all weighed in on where the GOP should go.
The proposals include promising ideas, such as emphasizing tax and regulatory simplification over income tax cuts, or moving away from hard-line positions on abortion and gay marriage. Nevertheless, these plans are a misleading point of departure for GOP renewal. That’s because their authors remain in denial about the cause of Republicans’ unpopularity: the catastrophic failure of the Bush presidency.
Start with foreign policy. From the 1960s until the 21st century, Republicans reliably enjoyed the trust of the public to manage America’s foreign affairs and protect its national security. The attacks of September 11 gave George W. Bush the opportunity to build on that reputation. Instead, he squandered it by mismanaging the war in Afghanistan and plunging the nation into a disaster in Iraq.
Not every setback was Bush’s fault. Nevertheless, the president bears more personal responsibility for foreign policy than any other issue. In most Americans’ minds, then, Afghanistan and Iraq were Bush’s wars. By the conventional logic of politics, that means that they are Republican wars, too.
Yet Republican reformers are reluctant to admit the obstacle that Bush’s legacy poses to public confidence on foreign affairs. Although they acknowledge that the wars have been unpopular and expensive, they present these facts in the passive voice, as if the deaths of nearly 7,000 Americans were the result of weather or other uncontrollable forces. Here is how Gerson and Wehner describe the loss of the GOP’s foreign policy advantage: “Nor has the decidedly mixed legacy of the wars in Iraq and Afghanistan over the last decade worked to bolster the Republicans’ electoral advantage in the conduct of foreign policy; if anything, the opposite is the case.” Who do they think they’re fooling?
Then there’s the economy. The reformers write eloquently, and correctly, of the need for Republican responses to long-term problems of unemployment, wage stagnation, and rising health-care and education costs. As with foreign policy, however, they are reluctant to acknowledge that the Bush administration did little to reverse these trends, and in some ways exacerbated them. In an otherwise compelling critique of Republicans’ fixation on marginal income tax rates, Ponnuru manages not to mention that the Bush administration regarded tax cuts as a signature achievement. Ordinary citizens have longer memories.
I emphasize foreign policy and the economy because these are areas of Bush’s most dramatic failures. But Bush’s record as an administrative centralizer and critic of Social Security also overshadows Republican efforts in education and entitlement reform. It’s not good enough for Republicans to pledge that things will be different next time. To convince Americans that they’re serious, reformers need to name names about the cause of the public’s justifiable mistrust.
To be fair, the reformers are in a difficult position. They won’t attract converts within the party if they mount a frontal assault on its idols. And they know that Bush and his policies remain popular both with Republicans in office and with many base voters.
What’s more, several of the reformers have professional ties with the Bush administration. Frum, Gerson, and Wehner all worked as speechwriters in the White House. For them, rejection of the Bush legacy amounts to rejection of their own work. That’s not easy for even the most rigorous thinker.
But the reformers’ connections to the Bush administration reflect the GOP’s larger problem: an institutional and intellectual elite dominated by alumni or associates of the Bush administration. As Robert Draper reported in The New York Times Magazine, the RNC committee established late last year to investigate the party’s failings was staffed with the likes of Ari Fleischer, Bush’s press secretary. Such a team is not very likely to ask tough questions — or to recognize unflattering answers. In addition to new policies, Republicans desperately need new personnel.
It takes a long time for political parties to recover from defeat. Since winning suggests that they’re doing something right, it takes even longer to recover from victory. Because it reassured Republicans that aggressive war, fiscal policies that favor the rich, and the ideologically-inspired transformation of beloved domestic programs were fundamentally popular, the re-election of George W. Bush in 2004 was like a drug that relieves symptoms without treating the underlying disease. Conservative intellectuals must help the GOP break its dependence on these dangerous nostrums — and its continuing allegiance to the doctor who prescribed them.
By: Samuel Goldman, Blogger for The American Conservative; Published in The Week, March 5, 2013
“An Angry Old Man”: John McCain Plants His Flag In The Fever Swamps
It wasn’t that new or surprising, but Sen. John McCain’s insistence on Meet the Press yesterday that the Obama administration was engaged in a “massive coverup” of Benghazi! is an indication that conspiracy-shouting on the subject among Republicans won’t go away any time soon, or perhaps ever.
Now maybe I’m wrong, but it seems any line of inquiry about a past event that consists solely of questions rather than any specific allegations or even suspicions is designed to be eternal. All the semi-legitimate concerns about what happened and why should have been resolved by the State Department’s December report. Does it explain every utterance about the event by administration figures? No, because they really just don’t matter except in terms of some master narrative of Obama knowing the War on Terror is a more urgent priority than ever and deliberately hiding the evidence because he’s soft on Muslims or hates Israel or something.
Perhaps this is just McCain being an angry old guy who can’t let go of anything; he is, after all, about to vote against Chuck Hagel’s confirmation for Secretary of Defense because Hagel won’t admit he was wrong about McCain’s precious Iraq “surge.” But it also illustrates how fiercely today’s Republicans will hold onto any topic that leads into the soggy turf of vague but infamous fears about the 44th president.
By: Ed Kilgore, Contributing Editor, Washington Monthly Political Animal, February 18, 2013
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