“A Phony GOP Parody”: Why The Democratic Candidates Need To Get Obama’s Record Straight
There is an imbalance in the argument at the heart of the 2016 presidential campaign that threatens to undercut the Democrats’ chances of holding the White House.
You might think otherwise. The divisions among Republicans are as sharp as they have been since 1964. Donald Trump may be building on the politics of resentment the GOP has pursued throughout President Obama’s term. But Trump’s mix of nationalism, xenophobia, a dash of economic populism and a searing critique of George W. Bush’s foreign policy offers a philosophical smorgasbord that leaves the party’s traditional ideology behind.
Jeb Bush, the candidate who represents the greatest degree of continuity with the Republican past, is floundering. Marco Rubio and Ted Cruz, both Cuban Americans, are competing fiercely over who is toughest on immigration. So much for the party opening its doors to new Americans. As for the less incendiary John Kasich, he probably won’t be relevant to the race again until the primaries hit the Midwest.
Add to this the GOP’s demographic weakness — young Americans are profoundly alienated from the party, and nonwhites will only be further turned off by the spectacle created by Trump, Cruz & Co. — and the likelihood of a third consecutive Democratic presidential victory is in view.
But then comes the imbalance: If there is a common element in the rhetoric of all the Republican candidates, it is that Obama’s presidency is an utter disaster, and he is trying to turn us, as Rubio keeps saying, into “a different kind of country.” You’d imagine from hearing the Republicans speak (Kasich is a partial exception) that we were in the midst of a new Great Depression, had just been defeated in a war, had lost our moral compass entirely, had no religious liberty and were on the verge of a dictatorship established by a slew of illegal executive orders.
Oh, yes, and the president who brought about all these horrors has lost the authority to name a Supreme Court justice, no matter what the Constitution — which should otherwise be strictly interpreted — says.
You can laugh or cry over this, but it is a consistent message, carried every day by the media whenever they cover the Republican contest.
The Democrats offer, well, a more nuanced approach. True, Hillary Clinton has embraced Obama more and more, seeing him as a life raft against Bernie Sanders’s formidable challenge. In particular, she knows that African American voters deeply resent the way Obama has been treated by Republicans. (No other president, after all, has ever been told that any nomination he makes to the Supreme Court will be ignored.) Tying herself to Obama is a wise way of shoring up her up-to-now strong support among voters of color.
Nonetheless, because so many Americans have been hurt by rising inequality and the economic changes of the past several decades, neither Democratic presidential candidate can quite say what hopefuls representing the incumbent party usually shout from the rooftops: Our stewardship has been a smashing success and we should get another term.
Sanders, in fact, represents a wholesale rebellion against the status quo. He tries to say positive things about Obama and how the president dealt with the economic catastrophe that struck at the end of George W. Bush’s term. But the democratic socialist from Vermont is not shy about insisting that much more should have been done to break up the banks, rein in the power of the wealthy, and provide far more sweeping health insurance and education benefits.
A good case can be made — and has been made by progressives throughout Obama’s term — that if Democrats said that everything was peachy, voters who were still hurting would write off the party entirely.
But ambivalence does not win elections. Running to succeed Ronald Reagan in 1988, George H.W. Bush triumphed by proposing adjustments in Reagan’s environmental and education policies but otherwise touting what enough voters decided were Reagan’s successes.
Democrats need to insist that while much work remains to be done, the United States is in far better shape economically than most other countries in the world. The nation is better off for the reforms in health care, financial regulation and environmental protection enacted during Obama’s term and should be proud of its energetic, entrepreneurial and diverse citizenry.
If Clinton, Sanders and their party don’t provide a forceful response to the wildly inaccurate and ridiculously bleak characterization of Obama’s presidency that the Republicans are offering, nobody will. And if this parody is allowed to stand as reality, the Democrats will lose.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, February 19, 2016
“Conservatives Are Right To Be Frightened”: Don’t Believe The Hype: Here’s What A Liberal Supreme Court Would Actually Do
If you look at how the Democratic and Republican candidates for president have reacted to the Supreme Court vacancy created by the death of Antonin Scalia, you might notice a greater sense of urgency from the Republicans. The Democrats are certainly talking about it, and they’ve certainly expressed their contempt at the absurd arguments Republicans are making in support of their position that the president of the United States shouldn’t be allowed to appoint Supreme Court justices if a new president will take office in a year. But they aren’t spinning out nightmare scenarios about what will happen if they lose this conflict. The Republicans, on the other hand, seem much more worried.
And they’re right to be, because at the moment, they have more to lose. But what would actually happen if the balance on the Court shifts from 5-4 in favor of conservatives (what it was before Scalia’s death) to 5-4 in favor of liberals?
To hear Republicans tell it, the results would be positively apocalyptic. Here’s how Ted Cruz described it in a CNN town hall last night:
“We are one liberal justice away from the Supreme Court striking down every restriction on abortion that’s been put in place the last 40 years. We are one liberal justice away from the Supreme Court writing the Second Amendment out of the Constitution. We are one liberal justice away from the Supreme Court ordering Ten Commandments monuments to be torn down, ordering veterans memorials to be torn down, and undermining our fundamental religious liberty.”
This is almost verbatim what Cruz has been saying since Scalia died; on Meet the Press last Sunday, he added colorfully that a liberal majority would mean “the crosses and Stars of David sandblasted off of the tombstones of our fallen veterans.”
There’s no doubt that if and when a new liberal justice takes his or her seat on the Court — either because Obama’s nominee somehow gets confirmed or because Hillary Clinton or Bernie Sanders wins the election and appoints one — it will be the most significant shift in the Court’s balance in decades. And that’s in large part because the right has gotten so much of what it wanted out of this Supreme Court. While conservatives shake their fists at the Court and call John Roberts a traitor, the truth is that with just a few exceptions, most notably the legalizing of same-sex marriage and the upholding of (most of) the Affordable Care Act, the Roberts Court has delivered the right a spectacular string of victories over the last few years. Among other things, they found an individual right to own guns for the first time in history, knocked down limits on spending by corporations (and unions) on political campaigns, whittled away at affirmative action, gutted the Voting Rights Act, made it harder for employees to sue for sex discrimination, and declared that corporations have religious rights.
Nevertheless, according to the Pew Research Center, in 2008, 80 percent of Republicans had a favorable view of the Supreme Court. By 2015 that figure had fallen to 33 percent. And 68 percent of conservative Republicans described the Court as “liberal,” which is laughable by any standard one could devise.
So what happens now? Margo Schlanger compiled this list of major rulings where Scalia was in a 5-4 majority, all of which could in theory be overturned, from Citizens United to D.C. v. Heller (which established the individual right to own guns) to Shelby County v. Holder (which invalidated key parts of the Voting Rights Act). But that doesn’t mean a liberal majority would go on a rampage, overturning all those settled cases.
“The Supreme Court is a conservative institution as a whole; justices aren’t looking to overturn the apple cart,” Jill Dash of the liberal American Constitution Society told me this morning. She argued that it’s unlikely that a liberal majority would set about to repeal those high-profile decisions, particularly within the first few years of that majority.
Samuel Bagenstos, a professor at the University of Michigan law school who served in the Justice Department under President Obama, also doubts that there would be too many major decisions overturned. “The four more liberal justices currently on the Court take precedent and stare decisis seriously, and I don’t think that will change,” he said.
But there would be change in complex areas of law where the courts are still working through how previous decisions apply to varied situations. Affirmative action is one “where the Court would be much more likely to uphold programs designed to promote diversity in schools and the workplace,” Bagenstos says. He also points to employment law as an area where a liberal majority could chart a new path, in cases concerning arbitration clauses in contracts and what constitutes systemic discrimination. Dash notes that a liberal majority would probably produce a spate of voting rights cases, as challenges to restrictions imposed by Republican state legislatures would find a friendlier hearing, even if Shelby County isn’t entirely overturned.
And then there’s abortion, always at the top of everyone’s mind when the Supreme Court comes up. In recent years, conservative states have pushed the envelope farther and farther in restricting the availability of abortion, with onerous rules on abortion clinics and invasive mandates on the women seeking the procedure. The question is which of these measures violate the Court’s 1992 ruling in Planned Parenthood v. Casey, which stated that the government can’t impose an “undue burden” on a woman’s right to choose.
The conservative position to this point has been that virtually no burden is “undue.” If the state makes you drive hundreds of miles, wait for days, make multiple visits to a clinic, hear an oration of lies penned by some GOP state legislator about how getting an abortion might give you cancer and drive you mad, so far the Supreme Court has said it’s just what women should have to tolerate.
But that might no longer be true. “A liberal who replaced Justice Scalia would likely read the Casey ‘undue burden’ standard as imposing a much more significant limitation on the regulation of abortion than the Court has in recent years,” says Bagenstos, “so you could see a major practical shift in reproductive rights jurisprudence. I don’t think the Court would overrule any precedent, though. It would just find a wider range of burdens to be ‘undue.’”
In short, a liberal replacing Scalia would be an important change with profound consequences for all Americans’ lives. But it wouldn’t happen all at once, and it wouldn’t be so earth-shattering as to cause riots in the streets. Nobody’s going to sandblast the crosses off the gravestones at Arlington. Nevertheless, conservatives are right to be frightened. They’ve had a long run with conservative dominance of the Supreme Court, and it may be coming to an end. Now they’ll understand how liberals have felt for the last few decades.
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Plum Line Blog, The Washington Post, February 18, 2016
“The Constitution Has Established A Process”: Obama Delivers Unmistakable Message To Republicans
President Obama hosted a press conference at the U.S.-Association of Southeast Asian Nations summit in California yesterday, which comes against a backdrop in which the future of the Supreme Court is dominating much of the domestic political conversation. The president is obviously aware of Senate Republicans’ plans for a total blockade against nominee, regardless of merit, so Obama took some time to remind GOP lawmakers about the constitutional process.
“The Constitution is pretty clear about what is supposed to happen now. When there is a vacancy on the Supreme Court, the President of the United States is to nominate someone. The Senate is to consider that nomination, and either they disapprove of that nominee or that nominee is elevated to the Supreme Court.
“Historically, this has not been viewed as a question. There’s no unwritten law that says that it can only be done on off years – that’s not in the constitutional text. I’m amused when I hear people who claim to be strict interpreters of the Constitution suddenly reading into it a whole series of provisions that are not there. There is more than enough time for the Senate to consider in a thoughtful way the record of a nominee that I present and to make a decision.”
Unfortunately for the right, all of this has the benefit of being true. The Constitution has established a process; Obama intends to follow the process; and there’s plenty of time for senators to do their jobs. It’s all surprisingly simple, and to date, Republicans haven’t come up with any coherent defense for rejecting any White House nominee, sight unseen.
Reflecting on the broader political circumstances surrounding judicial nominees, the president added, “The fact that it’s that hard, that we’re even discussing this, is I think a measure of how, unfortunately, the venom and rancor in Washington has prevented us from getting basic work done. This would be a good moment for us to rise above that.”
You can almost hear GOP senators laughing at a distance.
Looking ahead, the president reminding Republican lawmakers, “This is the Supreme Court. The highest court in the land. It’s the one court where we would expect elected officials to rise above day-to-day politics. And this will be the opportunity for senators to do their job. Your job doesn’t stop until you’re voted out or until your term expires. I intend to do my job between now and January 20th of 2017. I expect them to do their job as well.”
Of course, the high court vacancy isn’t the only subject on the political world’s mind. There’s also the matter of the election to choose President Obama’s successor.
As NBC News reported, Obama has taken note of the Republican frontrunner.
President Barack Obama on Tuesday reiterated that he doesn’t believe New York businessman Donald Trump will ever be president, saying the American people realize the highest office in the nation “is not a reality show.”
“I continue to believe Mr. Trump will not be president,” Obama said…. “And the reason is because I have a lot of faith in the American people. And I think they recognize that being president is a serious job.”
“It’s not hosting a talk show or a reality show. It’s not promotion, it’s not marketing. It’s hard. And a lot of people count on us getting it right.”
My suspicion is the leading Republican candidate and his team were delighted to hear this – with just a few days remaining before the South Carolina primary, Obama criticizing Trump is probably the best thing Trump can hope for.
By: Steve Benen, The Maddow Blog, February 17, 2016
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