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Much Ado About Nothing

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May 28, 2009

The media feeding frenzy over President Obama’s nomination of Judge Sonia Sotomayor to the United States Supreme Court provides us with yet another reason why so many newspapers and news magazines are going broke:  They beat stories to death.  There has been quite a bit of hype in the run-up to Obama’s announcement of his choice.  News outlets have been salivating in anticipation of a protracted, partisan brawl with visions of the Clarence Thomas confirmation hearings, dancing in their heads.  A visit to the RealClearPolitics website for May 27 provides the reader with an assaultive profusion of articles concerning the Sotomayor nomination.

There are a couple of simple dynamics at work here.  With his nomination of Judge Sotomayor, President Obama has set out a trap for partisan Republicans, hell-bent on opposing any nominee selected by the Democrat for the high court.  Once these “attack dogs” pounce on Sotomayor, they reinforce the public perception of the GOP as the Party of White Men.  They would not only alienate female voters but they would also antagonize Hispanic voters.  This is exactly why you won’t really see that much of a fight over her nomination.  On the other hand, a political “has been” such as Newt Gingrich, sees the Sotomayor nomination as the perfect opportunity to keep his fat face in front of the cameras, without any apparent regard as to whether his remarks could exacerbate the GOP’s image problem.  The “hard right” media outlets and other authoritarian activist groups have instinctively responded by filling in the blanks on their pre-written scripts to include Sotomayor’s name as well as the necessary touch-ups to relate their  remarks to this particular target.  One smear fits all.

In case you haven’t figured it out yet  . . .  It’s all a waste of your time.  You need only read one story about the Sotomayor nomination and it was written by Mike Allen of Politico.  Relying on confidential Republican sources, Mr. Allen reports that “the GOP plans no scorched-earth opposition to her confirmation”.  At this point, I should advise you that the hissing sound you are hearing is all the air coming out of the tires for those pundits, hoping to expand this story into an epic drama and an eventual book deal.  It’s not happening.  As Mike Allen reported:

“The sentiment is overwhelming that the Senate should do due diligence but should not make a mountain out of a molehill,” said a top Senate Republican aide.  “If there’s no ‘there’ there, we shouldn’t try to create one.”

The news media shouldn’t try to create one, either  . . .   but they will anyway.  What else are they going to discuss?  You’re already sick of the American Idol stories.  So what they’re left with is the economy.  They hate that subject because the public and their own reporters are too dumb to understand it.  Besides … it’s boring and it involves math!  Never mind the fact that you’re going broke.  Just smoke your “green shoots” and believe in a “hope rally” for the stock market.

It’s always refreshing when someone such as Mike Allen undermines the mainstream media hype machine by sticking to the simple truth of a story.  In this case the simple truth is that the story itself is quite simple.

Joining The Supremes

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May 4, 2009

On April 30, Supreme Court Justice David Souter announced his intention to retire after the current court term recess in June.  Many were surprised by this announcement.  Since Justice John Paul Stevens is 89 and Justice Ruth Bader Ginsburg is 76, most Supreme Court watchers expected one of those two jurists to be the first to retire after the election of President Obama.  Those who know Justice Souter all concur that he hates living in Washington, D.C. where he is a reluctant member of the capitol’s “elite”.

Watching Friday’s news programs, I was amused by the mad scramble by those on the “hard right” to organize their opposition to the confirmation of Preisdent Obama’s nominee to the high court.  Obama has not yet even announced whom he intends to nominate, yet these reactionaries are already against that person.  So, the fun begins  . . .

Once the President makes the nomination, the Senate Judiciary Committee begins the confirmation hearings, wherein the candidate will become incessantly badgered about his or her views on abortion, gay weddings, gun control and whether the court should “intervene” by overturning patently unconstitutional laws enacted by a bought-off (Oops!  — I mean “lobbied”) Congress.  The Judiciary Committee then issues its report and the full Senate votes to either confirm or reject the nomination with 51 votes.

This process became a spectator sport back in 1987, when Ronald Reagan nominated the Amish-looking, Robert Bork.  The Democrats immediately launched a full-on battle against the nomination, considered by many as a bit over-the-top, since it involved scrutiny of Bork’s video rentals.  This particular judicial confirmation resulted in the use of the word “Bork” as a verb.  Since that time, getting “Borked” described any situation wherein a political appointee became the target of a partisan attack during the confirmation process.  Nevertheless, Bork’s view that the Constitution provides no guarantee of an individual’s right to privacy, justified much of the ire against him.  During the confirmation hearings, he criticized the decision in Roe v. Wade.  Dumb idea.  Since that time, Republican nominees to any Federal Court do all they can to avoid providing straight answers to questions dealing with a woman’s right to determine whether she will carry a fetus to term.

The most entertaining confirmation hearings came along when George H.W. Bush nominated Clarence Thomas to the Supreme Court in 1991.  By that time, Bush appointee David Souter had already begun to disappoint the “hard right”.  The administration wanted to be sure they had a hard-line conservative this time and in Thomas they found the prefect candidate to replace the court’s first African-American Justice, Thurgood Marshall, who retired.  The excitement began when the committee heard testimony from Anita Hill, who had worked for Thomas at the Equal Employment Opportunity Commission (EEOC).  Ms. Hill testified that while working at the EEOC, she was sexually harassed by Clarence Thomas on several occasions.  The most memorable portion of her testimony concerned a remark by Thomas that his favorite porn video was a feature entitled:  Long Dong Silver.  Although Hill’s testimony ultimately did not block the confirmation of Thomas, people began lining up at adult book stores to purchase copies of the overnight classic.  I always wondered whether a certain chain of seafood restaurants also might have benefited from that aspect of the proceedings.

At this point, many Republicans likely assume that President Obama will nominate an ultra-liberal judge to counter-balance the far-right members of the court:  Clarence Thomas and Antonin Scalia.  News outlets are already abuzz with speculation concerning the most likely nominee.  The betting is heavy that Obama will nominate a woman for this vacancy because a man (Samuel Alito) was appointed by George W. Bush to replace Sandra Day O’Connor, one of only two females on the court when Bush took office.  Some pundits expect Obama to nominate someone from a minority group to add a little more diversity to the court.  As a result, many of these people expect Judge Sonia Sotomayor from the Second Circuit Court of Appeals to get the nod.  My prediction is that the President will select Judge Diane Wood from the Seventh Circuit.  She shares Obama’s experience as an instructor at the University of Chicago Law School and she has a solid background.

Nevertheless, we can expect quite a bit of showboating once the confirmation process begins.  It might not be as much fun as the Clarence Thomas hearings  .  .  .  but who knows?

Let the games begin!

Painting Themselves Into A Corner

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April 27, 2009

During the April 21 – 24 timeframe, ABC News and The Washington Post conducted a poll to ascertain President Obama’s approval rating.  The poll revealed that 69 percent of Americans favor the job performance of our new President.  Fifty percent of those polled believe that the country is on the right track (compared with 19 percent just before Obama’s inauguration).  This seemed like a particularly strong showing since, just one week before this poll began, we saw the anti-taxation “tea parties” that had been promoted by Fox News.

A recent article by Ben Smith and Jonathan Martin for Politico revealed that in some states, the “tea parties” have helped energize the Republican base:

“There is a sense of rebellion brewing,” said Katon Dawson, the outgoing South Carolina Republican Party chairman, who cited unexpectedly high attendance at anti-tax “tea parties” last week.

As the article by Smith and Martin pointed out, this “rebellion” is taking place at exactly the time when many Republican Party leaders are tacking to the center and looking for someone like Utah Governor Jon Huntsman as a possible Presidential candidate for 2012.  Nevertheless, as the article noted, rank-and-file Republicans outside of Washington have no desire to adopt more moderate views:

Within the party, conservative groups have grown stronger absent the emergence of any organized moderate faction.

Many of those comprising the Republican base appear to be motivated by antipathy toward the increasing acceptance of gay marriage, rather than by a reaction to all of the bailouts that have been taking place.  In fact, I was surprised to observe, during the extensive “tea party” coverage, that none of the protesters were upset about the bank bailouts or Treasury Secretary “Turbo” Tim Geithner’s use of the Federal Reserve to manage the bank bailouts in furtherance of his attempts to avoid legislative oversight.  I guess Fox News had not primed the protesters for that sort of outrage.

The Politico article by Smith and Martin reveals that “cultural issues” remain as the primary concern of the Republican base.  Meanwhile, Newt Gingrich is trying to position himself as the next Republican standard bearer.  Those touting the “sanctity of marriage” (including the Catholic Church) don’t seem particularly concerned that Newt has been married three times.  Newt’s vision for the future is the same vision he was seeing almost twenty years ago:  lower taxes.  If others within the Republican Party have a broader vision and feel the need to expand their appeal to the voters, they can expect plenty of opposition from the party’s base — and therein lies the problem.  Newsweek‘s Howard Fineman has written extensively about how the political primary system works to the benefit of political candidates with the most extreme views.  This is because the only people who vote in political primaries are those with strongly held views and most of them come from the extremes.  This is why wing-nuts such as Minnesota Congresswoman Michelle Bachmann get nominated.  In the absence of any strong moderate or centrist uprising within the Republican ranks, the GOP could be destined to find itself marginalized.  It’s beginning to appear as though the only way for promising, new, centrist Republicans to get elected is to run as independents in the general elections.  Once elected, they can reclaim the “high ground” within the party.  In the mean time, Republican leaders are either unconcerned by or oblivious to the fact that they are painting themselves into a corner by continuing to pander to their base.