“Outsourcing Constitutional Responsibilities”: Senate Republicans Will Ignore Court Nominee, But RNC Won’t
Any day now, President Obama is expected to announce his nominee to fill the vacancy on the Supreme Court, and the political battle lines have already been drawn. On Capitol Hill, Senate Republicans remain committed to a partisan blockade, unlike anything ever seen in American history, that calls for the rejection of any presidential nominee, regardless of qualifications or merit.
But while the Senate’s Republican majority intends to ignore the White House’s choice, the Republican National Committee intends to do the opposite. The Associated Press reported this morning:
The Republican Party is launching a campaign to try to derail President Barack Obama’s nominee to the Supreme Court, teaming up with a conservative opposition research group to target vulnerable Democrats and impugn whomever Obama picks.
A task force housed within the Republican National Committee will orchestrate attack ads, petitions and media outreach…. The RNC will contract with America Rising Squared, an outside group targeting Democrats that’s run by a longtime aide to GOP Sen. John McCain.
RNC Chairman Reince Priebus said his attack operation would “make sure Democrats have to answer to the American people for why they don’t want voters to have a say in this process.” Priebus added that the White House is poised to “break with decades of precedent.”
Republicans, the RNC chair went on to say, are “going to vet that person and put their real record on display.”
At face value, most of the RNC’s rhetoric is plainly laughable. Obviously, no one is trying to deny voters a role in the process – voters are the ones who elected President Obama (twice), giving him the authority to act. It’s equally obvious that the “decades of precedent” talking point is brazenly untrue, as even some Senate Republicans have been willing to acknowledge.
But just below the surface, there’s something even more ridiculous going on.
For example, the RNC is going to have a tough time pitching their opposition to the unnamed nominee as sincere and principled if the party launches its partisan war against him or her before knowing who the nominee is. There’s an important difference between, “This is a horrible choice,” and “We have no idea who the choice will be, but we’re sure it’ll be horrible.”
It’s the sort of posture that leads more to eye-rolling than meaningful debate.
Perhaps more importantly, the Washington Post’s Greg Sargent raised an overlooked detail.
Ideally, of course, [the vetting of the nominee] is what would happen if the Senate were to hold hearings on that person. But that might afford the nominee a chance to directly respond to his or her Republican cross-examiners in a high profile setting (as opposed to only having Democratic groups mounting all the pushback, which of course they will also do, once there is a nominee). Direct exchanges between the nominee and Republican Senators, alas, might reflect well on that person. And so the only “vetting” and examination of the nominee’s “real record” will be undertaken through the RNC and associated GOP-aligned groups.
That’s not meant as sarcasm. It’s the actual Republican party-wide position right now.
Quite right. Under the American political process, the Senate is supposed to oversee the formal vetting of a Supreme Court nominee. In 2016, however, Senate Republicans don’t want to – so they’re outsourcing the vetting to the Republican National Committee.
What should be done by senators and officials – people who are ultimately accountable to the public – will instead be done by partisan operatives.
There is no precedent for anything like this in the American tradition. Senate Republicans and the RNC evidently don’t care.
By: Steve Benen, The Maddow Blog, March 14, 2016
“The GOP’s Worst Nightmare SCOTUS Nominee”: Let America Watch Republicans Tie Themselves In Knots
Here’s a name you need to get to know: Tino Cuellar. Who is Tino Cuellar? The potential Supreme Court nominee who could tie the Republican Party in the most Gordian knots of any of them, and who could thereby alter the presidential race dramatically as well.
Yes, yes; Barack Obama should choose the person best qualified for the job with whom he is most intellectually comfortable. But should that person be Mariano Florentino Cuellar, there could be plenty of benefits aside from having a brilliant, young, Latino person on the Court.
Cuellar, 43, is an associate justice on California’s State Supreme Court. He was born in Mexico. He is a naturalized U.S. citizen. He grew up on the border, and his family moved to California’s Imperial Valley when he was a teenager. He was smart and decided he wanted an education. He got one, all right. Get this resume: undergrad, Harvard; law school, Yale; master’s and doctoral degrees, Stanford.
Here’s his full Stanford bio, so you can give it a gander, but it’s incredibly impressive. He worked at the White House, he worked in the Treasury Department, he taught law at Stanford. “He’s a brilliant guy,” says Samuel Bagenstos, a law professor at the University of Michigan who knows Cuellar. “He’d be the justice with the most wide-ranging intellect since William O. Douglas.” (Bagenstos asked me to note that he is backing no single candidate and thinks the president has many good choices.)
He was elevated to California’s high court by a unanimous bipartisan vote, and given the highest possible rating by the California Bar Association. He is married to a U.S. District Judge, Lucy Koh, who is a formidable intellect in her own right—the Senate confirmed her unanimously, 90-0, when Obama nominated her to that position in 2010. And they have two kids.
Now assuming there’s no skeleton in the old closet, suppose Obama sends Cuellar up to be nominated. Oh what fun it shall be.
We know almost to a certainty that the Republicans will oppose anyone. Mitch McConnell said it, all the presidential candidates said it, everyone says it, and everyone knows it. For a Republican senator to vote for Barack Obama’s replacement of the great Antonin Scalia would be as sure a form of instant political suicide as one can imagine in this country. There is just no way. And it may not even get to a vote. They’ll just sit on it, not even scheduling confirmation hearings, saying the American people deserve a voice in this nomination.
And Obama will say, as I noted yesterday, that I’m still the president and am going to be president for a while yet, and we have no modern precedent for letting the Court have an even number of members.
And then Americans will learn about Cuellar’s life story. The fancy universities, the four degrees, the testimonials to his intellect that will stream in. And of course he’d be not the first Latino, but still, the second out of nine, and the first Mexican-American (Sonia Sotomayor is Puerto Rican), who constitute by far the largest demographic group among American Latinos.
This is Reince Priebus’s perfect nightmare, is it not? Let America watch as old white-guy senator after old white-guy senator goes on TV to say “Oh, it’s nothing against Mr. Cuellar, it’s all about Obama, and the people’s voice.” And let America watch as nominee Donald Trump says the same thing. Or even Marco Rubio or Ted Cruz—in some ways that’s even worse for the GOP, to have a Cuban-American (or Cuban-Canadian-American) stand up and say this Mexican-American doesn’t belong on the Supreme Court. There are around 33 million Mexican-Americans in the country—and around 2 million Cuban Americans. How well do you think the math on that works for the GOP?
So Priebus, who in his silly little autopsy in 2013 insisted that Republicans were going to be the inclusive party and who still has the gall to talk like that today, even as his party’s voters convert a howling xenophobe into their front-runner, would have quite a situation on his hands. And we get to Election Day, and poor Cuellar has been sitting there for seven months after nomination without even having had the courtesy of a committee hearing.
What percentage of the Latino vote is the Republican nominee going to get then, if the party has precipitated a veritable constitutional crisis by refusing to perform its constitutional role and refusing to vote for this obviously qualified man? Maybe 12, 15, 18 tops? Tops. Remember, Romney got 27 percent, and it was considered a disaster. If the GOP nominee gets 18, winning Florida is an impossibility. And if winning Florida is an impossibility, then winning the White House is, too. Even Arizona is probably unwinnable for the Republicans with a number like that.
Now obviously, that is, as I said, Priebus’s worst nightmare. Things could be different. And again, I don’t think Obama should nominate Cuellar for these political reasons. But if he decided to nominate him, boy would it be great to see those people squirm.
By: Michael Tomasky, The Daily Beast, February 15, 2016
“The GOP Sounds Of Silence”: From ‘Where Are The Jobs?’ To ‘Where Are Republicans On Jobs?’
The economic news on Friday was even better than optimists expected: the United States added nearly 300,000 jobs in December, wrapping up the second best year for the American job market in over a decade. In fact, looking at the last two years combined, 2014 and 2015 were the best back-to-back years for job creation since 1998 and 1999, at the height of the dot-com boom.
While no mainstream American politicians publicly root against the U.S. economy, the fact remains that this strong job growth must be baffling to Republicans. GOP orthodoxy, repeated ad nauseam, is that President Obama’s domestic agenda – the Affordable Care Act, higher taxes on the wealthy, Wall Street regulations, environmental safeguards, et al – is crushing the economy and stifling the American job market.
The only way to put Americans back to work, Republicans insist, is to do the exact opposite of the policies that cut the unemployment rate from 10% to 5%.
Obviously, that’s a tough sell for anyone with even a passing familiarity with the facts, but it got me wondering: how exactly did Republican officials and candidates respond to Friday’s good news?
When I say they reacted to jobs report with silence, it’s important to stress that I’m being quite literal. For years, the Republicans’ economic line was, “Where are the jobs?” With over 14 million new private-sector jobs created in the last 70 months, the new, more salient question has become, “Where are the Republicans on jobs?”
Over the weekend, for example, I checked House Speaker Paul Ryan’s (R-Wis.) official blog, which used to publish a statement with the release of every new jobs report. Friday, however, featured plenty of new content, none of which referenced the job numbers.
The Republican National Committee’s official blog also used to issue once-a-month press releases on unemployment, but on Friday it said nothing. The same is true of RNC Chairman Reince Priebus’ Twitter feed.
There was similar silence from Senate Majority Leader Mitch McConnell (R-Ky.) and the Senate Republican leadership team.
How about the presidential candidates? Nothing from Donald Trump. Or Ted Cruz. Or Marco Rubio. Or Jeb Bush. Or Chris Christie.
Look, I don’t expect GOP presidential candidates to issue a statement celebrating President Obama’s successes in putting Americans back to work after the Great Recession. And I certainly don’t imagine Republicans are going to announce a plan to reevaluate all of their bogus assumptions about Obama’s agenda and the economy.
But we’ve reached the point at which Republicans no longer seem interested in talking about job creation at all. It’s as if they hope ignoring the issue altogether will keep people from noticing one of the most remarkable turnarounds in the job market in a generation – which might even work, since much of the political world barely stopped to notice Friday’s jobs report.
Republicans could say the good news will be even better if they’re elected. They could celebrate strong job growth and make the case that Obama deserves no credit. They could say something about the issue that, up until quite recently, dominated the political debate like no other.
But for now, it seems the GOP has decided the easiest course of action is to pretend the good news on jobs simply doesn’t exist. Up until fairly recently, such a scenario would have been hard to even imagine.
By: Steve Benen, The Maddow Blog, January 11, 2016
“GOP: A Neo-Fascist White-Identity Party?”: In Trump’s GOP, It’s Not So Fringe Anymore
I’ve been reading recently about Bill Clinton’s presidency for a project I’m working on, and I just got to the part about the Oklahoma City bombing. What stood out to me, reading over this material in the Era of Trump, is the way a number of congressional Republicans at the time played footsie with the then-burgeoning far-right militia movements in the run-up to the bombing itself.
If you have no memory of that time, here’s what happened in a nutshell. Right-wing militia movements started growing in the late 1980s. In August 1992, federal agents shot and killed a survivalist in Idaho named Randy Weaver, and his wife and son, after a months-long standoff after Weaver had missed a court date (it was on a weapons charge, but the government really wanted him to flip and become an informant on Aryan Nations, and he said no). It became an iconic moment in those circles.
UPDATE: Randy Weaver survived the raid. His wife and a son were killed, along with a federal agent. He went on to stand trial and was acquitted of most charges; others were laid aside by a judge.
When the dreaded son of the 60s Clinton was elected, membership in such groups spiked further. Then just three months into Clinton’s term came the FBI storming of the Branch Davidian compound in Waco, Texas, resulting in 76 deaths. The next year Clinton and Congress passed, over the NRA’s objections (yes, this was possible, although it did help lose the Democrats their House majority in 1994), an assault-weapons ban. Finally, in April 1995, on the second anniversary of the Waco siege, Timothy McVeigh exploded his truck bomb in Oklahoma City, killing 168 people.
What’s relevant to us today is the way Republicans and the mainstream conservative movement pandered to these militant far-right groups. Many didn’t merely criticize the ATF and the FBI, which was entirely reasonable under the circumstances, but went beyond that to stoke these peoples’ paranoia about government and suggest/not suggest, in that same way we’re familiar with on those non-answer/answers about Obama’s citizenship, that armed resistance was acceptable. Texas Senator Phil Gramm, who was prominent and respected and at one point a plausible presidential candidate, was probably the highest-profile pol to use such rhetoric, arguably aside from Newt Gingrich himself. And of course Republican and conservative movement stoking of fears about immigrants has been constant.
This was also the time when right-wing talk radio was just exploding (there was no Fox News just yet). Aside from all the normal racial and xenophobic ranting, the AM airwaves were also full of defenses of these movements. G. Gordon Liddy, of Watergate infamy, once advised his listeners that if they saw an ATF man approaching, “Go for a head shot; they’re going to be wearing bulletproof vests.”
There’s no serious counterpart to this on the liberal left. You could compare it I guess to Leonard Bernstein’s radical chic back in the day, but unlike Phil Gramm, Bernstein wasn’t a United States senator whose presidential candidacy was being taken seriously by serious people. The difference may simply stem from the fact that radical left-wingers don’t typically vote in our corrupt capitalist system, while radical right-wingers more typically do. But whatever the reason, the difference is there and has been for a good 20 years at least.
The line from all this to the rise of Donald Trump, based wholly on his immigrant-bashing rhetoric, is direct and indisputable. Back in August, in The New Yorker, Evan Osnos went out and spoke to white nationalists and far-right figures who were enthusiastic about Trump. One, a man named Jared Taylor, who edits a white nationalist magazine, told Osnos: “I’m sure he would repudiate any association with people like me, but his support comes from people who are more like me than he might like to admit.”
Trump thus culminates a process that’s been going on in the Republican Party for two generations now. Fringe elements never properly denounced then are now, under Trump, becoming an in-broad-daylight part of the Republican coalition. But now, since all this has been going on so long, are they even fringe elements? When 65 percent of Republicans tell a pollster they support Trump’s poisonous call to ban Muslims from the country, it’s hard to call that fringe. A more recent poll puts that support level at “only” 42 percent, but that’s still higher than the percentage who opposed it (36). That sure isn’t fringe either.
The Republican Party of Trump is becoming a white-identity party, like the far-right parties of Europe. Yes, it includes token members of other races, which accounts for Ben Carson, who’s just a political idiot, whatever his skills in the operating theater. Marco Rubio and Ted Cruz are in a different category as Cubans; in our political discourse, we throw them into the mix as Latino, but of course Cubans are very different culturally and politically from other Latinos; and besides, there are certainly racial categories among Cubans themselves, and Afro-Cubans these two are not.
But whatever one wants to say about those three and others like them, they’re part of a tiny minority in a party that’s probably 97 percent white people, a significant percentage of whom are now openly embracing their racial identity; that is, they’re supporting Trump as white people, because they feel he will protect their white privilege. And yes, this is very different from why black people voted for Obama as black people, and if you even need me to explain that, you’re totally lost.
What is the Republican Party going to do about this? So far it sure hasn’t done much. Denunciations of Trump by Reince Priebus and most others are mechanical and pro forma. You can find headlines blaring that all of them “denounced” Trump, but if you actually read the quotes and tweets, they’re mostly worded pretty gingerly. Jeb Bush did call him “unhinged,” but that sounded like sour grapes from Mr. 3 Percent. The only one who for my money sounds genuinely shocked and saddened by this situation is Lindsey Graham. The rest of them are basically ducking the historical moment and hoping it passes.
Maybe it will pass. In the latest Iowa poll, Cruz now leads Trump by 10 points. But Trump still leads by a mile in New Hampshire and nationally. So there’s a strong chance all of this won’t just go away on its own.
Then the Republican Party will have a choice, a choice it really has to make already, about whether it is collectively willing to stand up and say no, we don’t want to become to neo-fascist, white-identity party. Of course if the party’s leaders do that, they are thwarting, potentially, the will of their voters. It’s quite a bind to be in. And it’s one they created, starting at least 20 years ago.
By: Michael Tomasky, The Daily Beast, December 14, 2015
“The GOP Is Outraged By Trump? Oh Please”: No More Out Of Line Than The GOP Has Been For Six Years
I watched all day Friday on cable this juxtaposition of the Trump video and the old John McCain video from 2008, when he gamely told that hair-swept woman that no, Barack Obama is a good family man and a citizen. By the 15th viewing, it hit me just how insidious the juxtaposition is.
Here’s why. The quasi-informed viewer will reflexively think that the McCain video, buttressed by all the talking heads chastising Trump for not having followed McCain’s admirable example, represents the default Republican handling of such situations over the years. But in fact, of course, it’s Trump who comes far closer to representing the way most Republicans have handled such questions over the years.
Think about it. How many videos have we seen over the years of Republican members of Congress at town halls, or being confronted by reporters, and being asked if they think Obama is a Christian or an American or if he loves his country. We’ve seen loads of them, and they all follow the same script. The member of Congress first chuckles nervously. He then glances from side to side to see who’s around, who might overhear him. You can see the gears turning in his head. “What do I say? This will surely find its way back home to my constituents, so what do I say?” So they say something like “Well, it’s not for me to say” and scamper on their way.
Look. There’s a reason 43 percent of Republicans still believe that Obama is Muslim, and that reason is far from mysterious. It’s that elected Republicans have allowed the rumor to fester.
Thought experiment: Suppose that Republicans from Reince Priebus and Michael Steele (his predecessor) to the senators to the members of Congress and governors and on down to the locals had agreed in 2009 that the party line on such matters would be, “Look, we disagree strongly with the President’s policies, but we don’t question his citizenship, his Christian faith, or his patriotism, and we encourage all Republicans to stop doing this.” What would that percentage be today? Not 43, I assure you. If Republicans had spent six years saying that, pollsters wouldn’t even be still asking the question.
But they most certainly did not do that. Steele is someone I’ve gotten to know and like, he’s a very nice man. But I see here that even he gave one of those cutesy answers back in 2009, when GQ asked him if he thought Obama was a Muslim: “Well, he says he’s not, so I believe him.” That too was a classic dodge, that “Well, he says he’s not.” On the moral see saw, the opening note of skepticism weighs far more than the closing affirmation, and thus signals to the conservative listener/viewer/reader, “This guy’s all right.” And while it’s fair to note that Hillary Clinton gave a similarly yucky answer during the 2008 primary, it’s the Republicans that have been singlehandedly promoting this nonsense for the last six years.
On my personal outrage meter, I regard what Trump did as being in fact not as bad as the kind of disingenuous tap-dancing other Republicans have done. Trump was very clearly just tolerating this guy, humoring him. Yes, of course he should have corrected the man, and he didn’t. But he was obviously trying to be vague and get past it fast. He wasn’t nudging and winking and didn’t come up with some coy and dishonest rhetorical pirouette that fed the man’s rage. “We’re looking into it” ain’t red meat.
What I find far more outrageous is the unified chorus of Republicans now denouncing Trump as if the vast majority of them haven’t spent the past six years behaving as Trump did or worse in such situations. This newfound rectitude is awfully convenient, and it obviously has a lot less to do with any devotion to the principle of civil discourse with respect to the sitting President. No, it’s about them taking advantage of a golden opportunity to dump on Trump and present themselves to people with short memories as being far better on this issue than they actually have been.
Permit me to refresh those memories. Here, I don’t even have to go back very far at all. Do you remember back in February when Rudy Giuliani said he didn’t think Obama loves America and “wasn’t brought up the way you were brought up”? Well, it set off the usual two-day cable shit-storm, such that all the GOP candidates were asked to comment on it. Here is what they said.
Bobby Jindal was the best (as in worst). He flat-out defended Giuliani, saying that “the gist of what Mayor Giuliani said…is true.”
Scott Walker, flying high then, was a close second. “You should ask the president what he thinks about America,” Walker told The Associated Press. “I’ve never asked him so I don’t know.”
Rand Paul and Jeb Bush both said it’s a “mistake to question people’s motives.” That’s better than Walker, but it’s still pretty cautious and still not a no, the mayor was clearly out of line. Others—Ted Cruz, Rick Perry, Ben Carson—didn’t respond to media requests for comment.
Oh, and then there was Lindsey Graham. Now Graham was great on Andrea Mitchell’s show Friday: No, what Trump did was an outrage, of course Obama is a Christian, yadda yadda. Back in February, though, he was hedger too. He said: “I am not Dr. Phil. I don’t know how to look into somebody’s eyes and find out what their soul’s up to.” He did then say “I have no doubt that he loves his country, I have no doubt that he’s a patriot.” He deserves credit for the second part, but why that Dr. Phil business?
I’ll tell you why. Because until Trump got involved and took his current commanding (and to Republicans like Graham, terrifying) lead in the polls, the default Republican position was to find some way to humor the base on these questions about Obama. So saying something skeptical that fed the base’s rage was required. But now that Trump is guilty of doing what most Republicans have spent the better part of a decade doing, suddenly it’s all too outrageous. There is no principle at work here. Indeed precisely the opposite. This is the definition of expediency.
And if Trump is smart, and he is, he’ll find a way to communicate this when he “apologizes,” and the GOP will get precisely what it deserves.
By: Michael Tomasky, The Daily Beast, September 20, 2015
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