“Not Even Their Own Voters”: Republican Blockade Failing To Persuade American Mainstream
The Washington Post observed this week that Democrats “are winning the Supreme Court fight over Merrick Garland. Big time.” Dems aren’t exactly succeeding in convincing Republicans to end their unprecedented Supreme Court blockade, but the party has apparently fared pretty well in the court of popular opinion.
The NBC News/Wall Street Journal poll started asking an important question soon after Justice Antonin Scalia passed away in February:
“Recently, a Supreme Court Justice passed away leaving a vacancy on the court. President Obama has nominated a new person to serve on the U.S. Supreme Court. Would you prefer the U.S. Senate vote this year on the replacement nominated by President Obama or leave the position vacant and wait to vote next year on the replacement nominated by the new president or do you not have an opinion one way or the other?”
When the question went to the public just a few days after Scalia’s death, Americans were closely divided: 43% said they’d like to see the Senate vote this year on the Supreme Court’s vacancy, while 42% said they’d prefer to see the vacancy filled next year by a new president.
A month later, in March, the numbers shifted a bit in the Democrats’ favor. This month, in a poll that was in the field last week, they shifted even more. Now, a 52% majority of Americans want a vote this year, while 30% want to leave the seat vacant until next year.
What was a one-point advantage for the White House’s position in February is a 22-point advantage now. A closer look suggests even Republican voters are starting to shift away from their own party’s position.
At least for now, there’s no evidence to suggest Senate Republicans care at all about public opinion. GOP leaders very likely expected their blockage, which has no precedent in the American tradition, would be unpopular, but they decided to go with it anyway. I doubt poll results like these shock anyone.
But if you’re one of the vulnerable Senate Republican incumbents worried about your re-election prospects, and you were counting on the vaunted GOP Messaging Machine to win over the American mainstream on your party’s Supreme Court gambit, the latest evidence serves as a reminder: Republicans aren’t persuading anyone, not even their own voters.
That may not be enough to convince GOP senators to act responsibly towards a compromise nominee, but it should be enough to make some senators very nervous.
By: Steve Benen, The Maddow Blog, April 21, 2016
“Obama Rejects The Rejectionists”: Scalia’s Passing Starts A Court Fight For The Ages
In most presidential elections, Supreme Court nominations are a major issue for elites and a substantial concern for significant parts of the conservative movement. Other voters usually see the future makeup of the court as a side matter, or not essential to their decisions at all.
Justice Antonin Scalia’s death on Saturday will change this.
The issue of conservative judicial activism had already begun to take hold among liberals because of a series of fiercely ideological and precedent-shattering 5-to-4 decisions.
You read that right: After decades during which conservatives complained about “liberal judicial activism,” it is now conservatives who are unabashed in undermining progressive legislation enacted by the nation’s elected branches. Scalia will be remembered fondly on the right as the brilliant exponent of the theory of “originalism” that provided a rationale — or, in many cases, a rationalization — for decisions that usually fit conservative ideological preferences.
In 2010, Citizens United v. FEC rewrote decades of precedent on Congress’ power to regulate how campaigns are financed, facilitating a flood of money into elections from a small number of very wealthy Americans. Three years later, Shelby County v. Holder ripped the heart out of the federal government’s enforcement power in the Voting Rights Act. Last week, conservatives on the court halted the implementation of President Obama’s Clean Power Plan, his central initiative on climate change.
This is merely a partial list. The court’s conservatives have also regularly undercut the power of unions and the ability of citizens to wage legal battles against corporations.
Such decisions already had the potential of broadening the range of progressive constituencies invested in making the court a major election issue, including political reformers, African Americans, environmentalists and organized labor.
But Scalia’s death means that Obama or his successor — if that successor is a Democrat — could overturn the current conservative majority on the court, which could lead it to revisit many of the most troubling decisions of recent years.
And Republicans did themselves no favors in the coming argument by moving in a hard political direction even before most of the tributes to Scalia had been published — and even before the president had actually picked someone: Senate Majority Leader Mitch McConnell (R-Ky.) proclaimed that no Obama nominee would be considered, period.
“The American people should have a voice in the selection of their next Supreme Court justice,” McConnell said. “Therefore, this vacancy should not be filled until we have a new president.”
Republicans claimed precedent for ignoring court appointees from presidents on their way out the door. During Saturday night’s debate in South Carolina, Marco Rubio said that “it has been over 80 years since a lame-duck president has appointed a Supreme Court justice.” Ted Cruz made a similar point.
Well. A Senate controlled by Democrats confirmed President Reagan’s nomination of Anthony Kennedy on a 97-0 vote in February 1988, which happened to be an election year. By what definition was Reagan not a lame duck when he put Kennedy forward on Nov. 11, 1987?
Obama rejected the rejectionists. He said Saturday he would name a new justice and that there would be “plenty of time . . . for the Senate to fulfill its responsibility to give that person a fair hearing and a timely vote.”
My hunch is that Obama will try to put the Republicans’ obstructionism in sharp relief by offering a nominee who has won support and praise from GOP senators in the past. Three potential candidates who fit these criteria and won immediate and widespread mention were Merrick Garland and Sri Srinivasan, both judges on the U.S. Court of Appeals for the District of Columbia, and Jane Kelly, a judge on the 8th Circuit. (I should note that Garland is a dear friend of long standing.)
Whatever choice Obama makes, he will try to make it as hard as possible for Republican senators — especially those struggling for reelection this year in blue or purple states — to claim that he had picked an ideologue. Obama could also argue he had deferred to the Republicans’ Senate majority by offering a candidate whom many of them had supported in the past.
An extended court fight would allow progressives, once and for all, to make clear it is their conservative foes now using judicial power most aggressively. The partisan outcome of this year’s election just became far more important. This fall, Americans will not just be picking a new chief executive. They will be setting the course of the court of last resort for a generation.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, February 14, 2016
“Turn Off The Money And Turn Up The Pressure”: When Will Corporate America Confront Republican Climate Denial?
Much as the world must hope that the governments assembled in Paris achieve their objectives, at the very least they have provided an occasion for business leaders of all descriptions to announce their commitment to climate sanity. With sponsorships, pledges, and official statements, a long list of major corporations has declared that man-made climate change is real and must be reversed to save the earth — and their profits.
Easy as it is to lampoon the professions of these corporate leaders, there should be little doubt that some and perhaps most are sincere. They’re sentient human beings, after all, whose children and grandchildren will have no choice but to live on this endangered planet. They say that is why they’ve publicly expressed support for successful negotiations in Paris and promised to reduce carbon emissions while using and investing in clean energy.
According to the White House, many of those firms have made still more stringent vows, to cut emissions by 50 percent, to reduce water waste by as much as 80 percent, to send no more solid waste to landfills, to purchase only renewable power, and to stop causing deforestation. All of which sounds marvelous and necessary – but what would American corporations do if they really, truly, seriously wanted to stop climate change?
They would do what they do whenever they want to influence any important policy change, of course: Deny financing to political forces on the other side, and deploy their enormous lobbying clout against those forces.
Today, that would mean giving not another dime to House and Senate Republicans – or to any Republican presidential candidate who denies climate realities and insists on reversing President Obama’s current initiatives.
As a matter of policy, the Republican Party obstructs any serious effort to prevent catastrophic climate change. And because the United States is still the largest carbon polluter per capita in the world — and now the second largest in absolute terms – Republican obstruction has worldwide consequences. Just this week, Senate Majority Leader Mitch McConnell barked an ominous warning to the world leaders meeting in Paris, saying that the next GOP president could simply “tear up” all of Obama’s efforts to diminish power-plant pollution.
The myopic McConnell (whose home state of Kentucky produces dirty coal), has gone even further, sending his aides to foreign embassies with the message that none of America’s international partners can rely on commitments made by Obama in Paris. Unfortunately, McConnell’s irresponsible conduct is merely typical of his party’s leadership.
But the Republican hostility to climate science is a minority viewpoint in the United States, as polling data has demonstrated clearly for years. Two out of three Americans view climate change as a global menace and support a binding international agreement to reduce greenhouse gases. More than half want the United States to lead the world in dealing with that threat. Even a majority of Republican voters understand that an overheating planet is dangerous, and support the power-plant regulations that McConnell and his Senate caucus oppose.
Republican Congressional leaders in both houses know they can continue to lie and deny on climate, so long as the nation’s business leaders fail to demand change. Although they will always collect millions from ExxonMobil, the Koch brothers, and assorted fossil fuel profiteers, they might begin to worry if other economic interests that have traditionally supported them suddenly turned off the money and turned on the pressure.
From Goldman Sachs to General Mills, from Microsoft to Monsanto to McDonalds, scores of major companies have signed the White House’s American Business Act on Climate Change Pledge. By doing so they affirmed support for “action on climate change and the conclusion of a climate change agreement in Paris that takes a strong step forward toward a low-carbon, sustainable future.”
Companies like these have huge lobbying, political action, public relations, and advertising budgets – and all of them could well afford to spend even more on such a crucial issue.
No doubt they would risk trouble with the Congressional Republicans if they took strong political action on climate. But they claim to believe their future at stake, along with the future of generations to come. So if they wish to accomplish more than green-washing their reputations, then the time is surely coming when the corporate environmentalists will have to confront the Republican Party – or be exposed as frauds.
By: Joe Conason, Editor in Chief, Editor’s Blog, Featured Post; The National Memo, December 4, 2015
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