“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
“Taking A Shit On The Constitution”: Senate Republicans Make Donald Trump Look Good
When a presidency is winding down we start to think there probably isn’t that much to fight over. Yet here are the Republicans acting like it’s 2009 all over again, and more. These moves on the Supreme Court situation and Guantanamo Bay aren’t just obstructionist. They are certifiably insane.
No hearing for the nominee? Not even a courtesy call? They’ve really gone ’round the bend. Look, there’s hypocrisy to go around on Court stuff. Reverse the situation, and a lot of people saying A now would be saying Not A. I get that. Although I don’t get what in the world that 1992 clip of Joe Biden that everybody’s showing and re-showing has to do with anything. He was speaking hypothetically. There was no nominee. The one time in Biden’s tenure as Judiciary Committee chairman that there was a flesh-and-blood nominee, Anthony Kennedy, the committee and the full Senate passed him through unanimously, and in an election year.
But since you brought up the old days, let’s talk Robert Bork. Bork was a crazy radical extremist. He saw no constitutional justification for the civil rights bill. He also thought states should be free to criminalize the purchase of contraception by married couples. Off the charts, that guy. But he was the president’s choice. The Democrats gave him a hearing.
Say what you want, conservatives, but I feel pretty confident that if the situation were precisely reversed, the Democrats would be going through the process. At the end of the day, a majority of them would presumably vote against a conservative, balance-tilting nominee in a presidential election year. So, you might say, it amounts to the same thing.
No. It doesn’t amount to the same thing. One approach is called respecting the Constitution. The other approach is called taking a shit on the Constitution.
I suppose I could be wrong about what my hypothetical Democrats would do. But I don’t think so. Why? Because the liberal-left base, while certainly ideological and often choleric, just isn’t the same thing as the right-wing base. The right-wing base, led by Limbaugh and all those blowhards, is the reason McConnell said what he said while Scalia’s body was still warm. The liberal groups would not have demanded of Democratic leaders that they just shut the process down.
And if I am wrong about the Democrats, I can 100 percent guarantee you this: I would have written a column calling their behavior shameful. Vote against the person in the end, I’d have written, but for Chrissakes, respect the constitutional process, you bunch of morons. And I think every other prominent liberal columnist I can think of would have done the same. I don’t recall these last few days seeing any of our conservative counterparts calling out the Republicans.
Obama and the Democrats better find a way to make them pay. Nominate an unimpeachably qualified Latino or African American, and let Latinos and/or black voters watch as the GOP stonewalls this person for months, and run 3,000,000 attack ads on ethnic radio stations. (This is the paragraph where conservatives on Twitter will say “There goes that hack Tomasky making everything racial again.” Right. Whereas the guy who wants a brown-shirt police force to go in and break up Latino families, no, he’s not making anything racial. And the party that’s passing law after law to see to it that voting is made as hard as it can be for black people, no, they’re not making anything racial either. Just me. I get it.)
It’s such scandalous behavior. But because it’s them, and it’s all anyone expects out of them, it’s not even scandalous anymore. Which brings us to the Gitmo situation. If anything this is even worse.
Let me ask you this, reader. Do you have the slightest idea where the nearest supermax prison is to your house? Of course you don’t. Oh, a few of you do—you live in a town where it’s a big employer, your cousin works there, like that. But I’d wager that 98 percent of Americans have no idea where the nearest supermax prison is. There appear to be around 50 (some are wholly supermax, some partly). I bet thousands of people drive past one every day without even knowing it.
And of the 2 percent who do know, do they have any idea who’s in there? How many murderers, rapists, drug kingpins, Bernie Madoffs? Of course they don’t. And the reason they don’t is that the prisoners inside these prisons have zero impact on their lives. Dzhokhar Tsarnaev, Zacarias Moussaoui, and Mahmud Abuhalima, terrorists all, live in a supermax prison in Florence, Colorado. Do the good people of Florence ever see them? They don’t even see each other. They spend 23 hours a day alone in a cell the size of a typical upstairs-hallway bathroom. And almost nobody ever escapes from these places. You know how your chances of being killed by a terrorist as an American are one in 3.5 million? Well, the odds of you being killed by a terrorist who escaped from a supermax prison have to be considerably longer than even that. Anyone in Florence, Colorado and environs who sits around worrying that one of these guys is going to come pounding on their screen door is a paranoid lunatic or an idiot.
And that’s what the Republicans want us to be, a nation of paranoid lunatics and idiots, because paranoid lunacy and idiocy tend to benefit the Republican Party at the polls. So this is what we get stuck with. We keep open this facility (Gitmo) that’s notorious around the world—the Arab world and the entire world—that gives America a horrible reputation and whose very existence provides rhetorical fodder for our foes, so we don’t run the “risk” of putting terrorists inside facilities they’ll never get out of and where their movement the rest of their lives will be limited to maybe four rooms.
The Republicans won’t pay any political price for this, because the mere word terrorism turns most Americans into quivering little poltroons. But we as a country pay a price when an argument that is so galactically far removed from objective reality carries the day. And we pay a price when a constitutional norm is flouted and no one even cares because everyone has long since stopped expecting anything more. It’s not easy making Trump look good, but this week, Washington Republicans have pulled it off.
By: Michael Tomasky, The Daily Beast, February 25, 2016
“Robert Bork’s Legacy”: The Prototype For Republican Entrenchment And Obstruction
Judge Robert Bork has died. But the tradition started by his failed 1987 nomination to the U.S. Supreme Court has sadly become entrenched.
Bork was a conservative hero and a threat to liberals. His nomination to the high court was thwarted not because of his intellectual fitness for the bench, but for his views and lower-court rulings on issues ranging from civil rights to abortion. In a famous address, the late Sen. Edward M. Kennedy warned of the specter of “Robert Bork’s America,” a world in which civil rights and women’s rights were imperiled.
Kennedy was not wrong in his assessment of Bork; nor was he wrong in opposing the nomination of a man who threatened to roll back hard-won advancements in social policy. The senator was criticized for politicizing a Supreme Court nomination, but the same charge could have been made against President Reagan for nominating someone with such a clearly conservative agenda. The trouble is that since then, an ideological witch-hunt has been imposed on a slew of nominees—even those for much less prestigious positions and nonlifetime appointments. The nomination of Donald Berwick, a widely respected physician and health policy maven, was stymied by Senate Republicans who said Berwick shouldn’t head the Centers for Medicare and Medicaid Services because he believed in some version of socialized medicine. The evidence for that was sketchy, based on comments Berwick made praising Britain’s National Health Service. In reality, conservatives just wanted to slow down the implementation of Obamacare while they fought it (unsuccessfully) in court.
Then there was Peter Diamond, who ultimately withdrew his nomination to the Federal Reserve amid threats of a filibuster by GOP Sen. Richard Shelby. Shelby expressed concerns that Diamond’s economic background was not the right sort for the Fed. The Nobel Prize committee had disagreed, awarding Diamond its prize in Economics.
Now, senators are sending subtle threats about putting a former colleague, Chuck Hagel, through the wringer if President Obama nominates him to be Defense Secretary. Hagel is a respected former Nebraska senator, a two-time Purple Heart winner, and was known as an expert on military affairs when he was in office. It’s also a gesture of bipartisanship for Obama to consider someone from the other party to be in his cabinet. But to some lawmakers, Hagel has not been sufficiently toady-like in his allegiance to Israel—actually, his allegiance to the Israeli lobby. The fact that Hagel served his own country in Vietnam and in the Senate seems to have taken a back seat.
Bork may well have been a poor addition to the Supreme Court. But thwarting nominations for the sake of frustrating a sitting president in the other party is the worst legacy his nomination has left.
By: Susan Milligan, U. S. News and World Report, December 19, 2012
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