Relevant and even prescient commentary on news, politics and the economy.

Liberals, and especially African-American liberals, should not encourage Senate confirmation of Garland to the Supreme Court

Repubs apparently now think they can have the last laugh.  Senate Repubs reportedly now are considering whether to confirm during the lame duck session after the election if Clinton wins.  But of course, then Garland would be expected to withdraw if Obama does not withdraw his name saying that Clinton and the new (Democratic-controlled) Senate should handle it.

— Me, here, yesterday

Today, Greg Sargent writes at length about that possibility:

[T]here is a scenario worth entertaining here in which Obama has the last laugh — and the GOP posture ends up leaving Republicans with only downsides, and zero upsides.

That scenario goes like this: If Republicans don’t give Garland any hearing, and a Democrat (most likely Hillary Clinton) wins the presidential election, Republicans could then move to consider him in the lame duck session, to prevent Clinton from picking a more liberal nominee. But at that point, Obama could withdraw his nominee, to allow his successor to pick the next justice, instead.

The Republican argument for refusing to consider Garland (or anyone Obama nominates) is that the selection of the next justice is so hugely consequential that only the next president should make that choice, so that the American people have a say in it, by choosing who that president will be. Lurking behind this rationale is the understandable fear that if the court is tilted in a more liberal direction, it could deal a serious blow to a number of conservative causes — so better to roll the dice by holding out and hoping a Republican is elected president.

But with Donald Trump tightening his grip on the nomination, and the more electable “establishment” GOP candidates falling like dominoes, the prospect of Clinton winning the presidency is looking very real, and may continue to look even more likely as the campaign progresses. Republicans themselves fear that a Trump nomination could cost them the Senate, too. If all of that happens, Republicans might see no choice but to try to confirm Garland in the lame duck, before Clinton takes office and picks a nominee, possibly with a Dem-controlled Senate behind her. Some Republicans are already floating this idea.

But Obama could decline to play along with that scenario.

His post is titled “How Obama could get last laugh in Supreme Court fight.”  He posted this update:

It occurs to me that I probably should have argued that in this scenario, Democrats and liberals would be getting the last laugh, as opposed to Obama getting it. After all, Obama by all indications does want Garland confirmed; he’d merely be deferring to Hillary after the election. And liberal Dems (some of whom are already disappointed by the Garland pick) would be getting their preferred outcome. I’m not predicting this will happen, just floating it as an interesting possibility. You may also see some liberal pressure on Obama to do this, if Democrats secure a big victory in November (though whether Obama would bow to it is anybody’s guess), which would also be an interesting scenario to see play out.

But liberals should not push this man’s confirmation, and certainly African-Americans should not.  To quote Politico’s Josh Gerstein, “A former prosecutor, Garland often split with his liberal colleagues on criminal justice issues.”

Garland would not bring the court leftward in the absolutely critical realm of criminal justice issues, including jurisdiction to challenge via federal habeas corpus petition anything state-court criminal convictions or sentences on grounds that some aspect that lead to the result was unconstitutional–including police or prosecutorial misconduct and ineffective assistance of counsel, and including immunity of cops and prosecutors from civil liability in civil rights lawsuits.

That, in fact, reportedly was a big plus for him in Obama’s opinion in 2009 and 2010 when he was being considered to replace Souter and Stevens–even though the Dems controlled the Senate.

Thomas Friedman, of all people, had a terrific line about Obama in his NYT column a day or two ago, something like, “Let’s face it; you wouldn’t want President Obama to be the one selling your house for you.” The column, which really was quite good, was about the TPP, and what Clinton should say about it now. But that comment about Obama was hilarious, and absolutely spot-on.

I’ve thought for about seven years now that Obama’s primary concern is to be considered a moderate by The People Who Matter. I don’t think he cares all that much about anything else, really.

Or maybe he thought in 2009 and 2010 and today that what the Supreme Court needs is a former prosecutor who will join with Samuel Alito in anything related to criminal law and law enforcement.

Garland is being hailed in some quarters as a brilliant legal mind, but I have yet to see an iota of evidence of it.  On a par with Samuel Alito, maybe? Or maybe just in comparison to Samuel Alito. And best as I can tell, not by all that much.

____

UPDATE: This article by Janell Ross on the Washington Post’s The Fix blog about both Obama and Garland is outstanding.  I disagree with her that the anger toward Obama among what she calls the far left (which as a Sanders supporter I guess I qualify as part of, right?) is misplaced, but I agree with her about pretty much everything else she says in the article.  It’s a terrific analysis of Obama’s presidency as well as of Garland’s career.

Added 3/17 at 4:40 p.m.

____

SECOND UPDATE: Just saw this article on Politico via Yahoo News, titled “Black lawmakers irked by Obama’s Supreme Court choice“. Their concerns are that Garland is a moderate rather than a progressive, and that Obama didn’t consult them before finalizing and announcing the selection.  Some of them also are angry that a member of a racial minority wasn’t selected.

Good for them.  I myself don’t care one whit about the nominee’s race, gender, family background, religion, ethnicity.  I care only about the person’s professional experience, views on legal issues I care about, and intellect, because that is what will determine how this person will effect the law. I can’t think of a clearer in-your-face affront to African Americans, at this particular moment, than the nomination of a pro-police, pro-prosecutor, anti-habeas corpus judge to be the swing justice on the Supreme Court for, very likely, the next several years.

I also have to say how very retro it is that Obama thinks the public is 1980s-’90s-era pro-police, pro-prosecutor. Then again, for some people–i.e., politicians–it will forever be the 1980s or ’90s.

Added 3/17 at 7:15 p.m.

Follow us: @politico on Twitter | Politico on Facebook

Tags: , , , , , , , , , Comments (25) | |

Oh, but Janell Ross, you promised to cite EXAMPLES of racist comments by Bernie Sanders. If you can’t actually deliver on that promise, then maybe a retraction of the racism allegation against him is in order? Just sayin’.

Folks, you really just have to read this for yourselves.  Excerpting from it or summarizing it can’t possibly do it justice.

Which is what it deserves.

Suffice it to say that I’m not eager to engage in a debate of this sort, and I agree that some comments by Sanders supporters about the devotion to the Clintons that so many middle-aged and elderly African-Americans have is condescending and in some instances downright demeaning.  As for me, I’m pretty sure that everyone is entitled to vote for whichever candidate he or she prefers. As an obsessive Sanders supporter myself, I think everyone should vote for Sanders.  But that’s just my opinion; everyone else is entitled to hold another one.

And there really is no question that, as Ross says, if Clinton wins the nomination it will be African-Americans who are responsible for it.

But if Sanders has made racist comments, it appears that about half of younger African-American voters missed it, because they’re voting for Sanders. So if Ross knows of actual instances of direct or implicit racist comments by Sanders, she might want to apprise younger blacks of these.  She’s a blogger for the Washington Post, so she has a high-profile forum to do that.

So do that, Ms. Ross.  Do that. Unless of course you can’t.

 

Tags: , , , Comments (5) | |

Forget ‘Women and Children’. Women ARE Children. Right?

Okay, y’all know about the controversy: At Sunday night’s debate in Flint, Clinton interrupted Sanders, repeatedly, and tried to talk over him.  And at one point Sanders said to her, “Excuse me. I’m talking,” and, then, when Clinton again interrupted him, said “Wait a minute. Wait. Could I finish? You’ll have your turn, all right?”

Oh, the horror. At least according to an army of political journalists.  Most of whom work for the Washington Post.

Clinton is A WOMAN CANDIDATE.  And she’s running to become the first WOMAN NOMINEE OF A MAJOR POLITCAL PARTY FOR PRESIDENT.  Ergo, commentaries titled “What Bernie Sanders still doesn’t get about arguing with Hillary Clinton,” in which Janell Ross mentioned that Clinton’s campaign was equating Sanders’ comments to the infamous conduct by Rep. Rick Lazio, Clinton’s 2000 Republican senate-campaign opponent, and who seems to agree with that.  And ‘Excuse me, I’m talking’: Bernie Sanders shuts down Hillary Clinton, repeatedly,” the title of a blog post by Peter W. Stevenson, also a Fix-er.  And this from The Fix blog leader writer Chris Cillizza in his post-debate Winners and Losers take on Sunday night:

Losers

Bernie Sanders: The senator from Vermont had effectively walked a fine line in the previous six debates when it came to attacking Clinton without coming across as bullying or condescending. He tripped and fell while trying to execute that delicate dance on Sunday night. Sanders’s “excuse me, I’m talking” rebuttal to Clinton hinted at the fact that he was losing his temper with her. His “Can I finish, please?” retort ensured that his tone and his approach to someone trying to become the first female presidential nominee in either party would be THE story of the night.

Well, it was THE story, I guess, among journalists and others who never forget that Clinton is running as a WOMAN but who don’t consider in these writings that she’s campaigning on a platform of equal treatment for women.  Equal pay for equal work.  Break down glass ceilings and other barriers.

Well, at least the glass ceiling that supposedly still exists that would be trying to keep, say, Elizabeth Warren from the White House, had she sought it.  And who, I’m betting, does not consider herself such a delicate flower that she shouldn’t be treated, on the campaign trail or elsewhere, that same a man would be treated in the same circumstances.

And who can actually distinguish between a male campaign opponent who repeatedly physically approaches his female opponent on a debate stage and shoves a document in her face and demands that she sign it, and a male campaign opponent who finally draws the line on a debate stage that his female opponent has repeatedly crossed.

I do not believe that Sanders would not have said exactly the same things to a male opponent.  And I do believe that the criticism is the very height of hypocrisy by a candidate whose primary shtick has been that her election is necessary in the service of equality for women.  And, for that matter, by political commentators or anyone else who professes concern about double standards for women and men

But I also think Clinton came into that debate Sunday night with the very intent to be in-your-face-obnoxious.  And some pundits caught this:

Sanders shot back that if people truly had a problem with the comment that Sanders made, they should look at the speaking time Clinton was given and at the number of times she interrupted the Senator.

“Well, I think that given the fact that during that debate she ended up going on many occasions [over the time allotment] – and when I was speaking she interrupted me. I didn’t interrupt her, despite the fact that she spoke longer.”

Bernie Sanders Responds To Debate Interruptions: Says Clinton Is the Rude One, trofire.com

The actual link is http://trofire.com/2016/03/08/bernie-sanders-responds-to-ridiculous-debate-tone-policing/, so I’m assuming that the original title of the article was “Bernie Sanders responds to ridiculous debate-tone policing”. They shouldn’t have changed the title.

Clinton thinks this type of stuff and her habitual sleight-of-hand misrepresentations of Sanders’ record–a special feature of her debate performance on Sunday–are the path to wrapping up the nomination.  We’ll see about that.

Tags: , , , , , , , , , , , , Comments (8) | |