Tag Archives: Joe Biden

Monday Musings: Court Wars

Sometimes I write my Monday posts on Saturday morning. It’s just a convenient time. And so right now I am at my desk, trying to marshal my thoughts, and rein in my emotions.

I am devastated by the death of Supreme Court Justice Ruth Bader Ginsberg. It pains me that her last hours were spent thinking as much about the political chaos that would follow her death as about her family and a momentous life well-lived. Within an hour of her passing, tributes to her stunning career were already being drowned out by the fight over how and when she ought to be replaced. She deserved better.

And so do we, as a nation. I am enraged by the staggering hypocrisy of Mitch McConnell and his Republican colleagues in the Senate. In 2016, after the death of Antonin Scalia, they refused to allow hearings or a vote on Barack Obama’s nominee, Merrick Garland. It’s too close to the election, they said. The new President, whoever that may be, ought to have the opportunity to fill the vacancy. No, it’s not ideal to leave a seat on the Court open for so long, but this principle is worth the risk. Scalia died in March. His seat remained open for more than a year.

We are now forty-five days from another Presidential election. If the Senate were to follow McConnell’s “rule” on allowing new Presidents to choose a Court nominee, we might have to wait a total of five months. But now Republicans say, There is plenty of time for the current occupant of the White House to select a successor. It would be dangerous to leave the seat open for so long. Fucking unbelievable.

And yet, utterly predictable. Because the real problem is that we have allowed the Court to become completely politicized. The judiciary was designed and intended to be the least political branch of our government. It was supposed to be above politics, the institutional referee between the two elected branches. How far we have fallen from that ideal. Just today, a friend asked me if I could think of any other nation on the planet whose selection of judges was more riven by politics than ours. I couldn’t.

Like everything else in our system of government, in our whole society, all matters pertaining to the courts have become hyper-partisan. It is almost impossible to believe this now, but when Scalia’s nomination came to a Senate vote, he was confirmed 98-0. Ginsberg, as liberal as Scalia was conservative, won confirmation 96-3. I doubt we’ll see another vote like that on a Supreme Court Justice in this century.

Conservatives point to Ronald Reagan’s unsuccessful nomination of Robert Bork as the start of the Court’s politicization. They claim that liberal Democrats, opposed to Bork’s ideology, misrepresented his record and vilified him. I remember that fight, which took place during my first semester in graduate school, quite differently. Bork’s very nomination was a provocation. Before becoming a candidate for the Court, Bork was best known as Richard Nixon’s Solicitor General, who, on what became known as the “Saturday Night Massacre,” fired Watergate Special Prosecutor Archibald Cox. He did this after Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus resigned in protest rather than carry out Nixon’s order. By the time of his Supreme Court hearings, Bork had long since revealed himself as a man who placed party before country, and as an advocate for unbridled executive power. He had been a villain to the Left for more than a decade. He never should have been nominated.

The fact is, it doesn’t matter who started the trend. It’s here now. And with McConnell’s brazen disregard for Constitutional norms in the case of the Garland nomination, it has been escalated to full-scale political war. If McConnell pushes through a Trump nominee before the election, or during a lame-duck session after it, and if, as polls currently predict, the election brings a Biden victory and a Democratic takeover of the Senate, I expect Democrats to attempt to change the structure of the Court in next year’s Congressional session. The Constitution says nothing about the number of justices who can serve on the Court, and it grants to Congress wide discretion in creating and maintaining all levels of the Federal Judiciary.

The problem with this is, as soon as the Democrats lose control of the Senate, the Republicans can change the composition again. And so on, until the Court becomes a caricature of itself, and one of the bedrock institutions of our republic is destroyed for all time.

One solution would be for Senate Republicans to recognize their own hypocrisy and refuse to vote on a Trump nominee. It would only take four of them, and I wish I believed that among the fifty-three members of the GOP Senate caucus there are four people of integrity. But I don’t.

That leaves few options and little hope for a near-term de-escalation of the Court battles. I am as pessimistic right now about the future of our system of government as I have ever been. Another legacy of this dark era in our history.

And I end this piece as I began it: with regret that the life of Ruth Bader Ginsberg, a gender pioneer, a brilliant jurist, a champion for the dispossessed, the disadvantaged, and the downtrodden, should be obscured by ridiculous and unreasonable political machinations.

We should be better than this. I grieve that we are not.

Monday Musings: Race — Again, and Still, and As Long As It Takes

This past week, I listened to an NPR interview with some Trump voters in Florida. One woman, who swore she couldn’t be a racist because she was of a non-Caucasian ethnicity herself, spoke of the George Floyd killing and the need “to get all the information. Like if he was doing drugs or something like that.” And I wanted to ask her, in all seriousness, what drugs could Mister Floyd have done that would justify a police officer kneeling on his neck for eight minutes until he died?

The Department of Justice this week released additional information about the shooting of Jacob Blake in Kenosha, Wisconsin. So, too, did the police union to which the officers involved belong. It seems that Mister Blake admitted to officers that he had a knife, and that a knife was later found in the car. And I would like to ask the police union and the DOJ, how big would the knife have to be to justify a police officer shooting Mister Blake in the back seven times at close range?

Yesterday, video surfaced on Twitter of Brandon Marshall, a former NFL All-Pro and current ESPN television commentator, having the police called on him by security officers in the subdivision in Florida where he had just purchased a new home. Mister Marshall’s name, apparently, was not yet on a list of people authorized to access the gated community. So the security guys, rather than checking with him, calling the real estate agent, or taking any number of remedial steps that could have cleared up the confusion, called the police. Mister Marshall’s children were in the car and witnessed the entire incident. Thankfully, no one was hurt. But I would like to ask the security guys – and I would hope they would answer honestly – would they have done the same thing if he was White?

I would rather be writing about puppies, or making a top ten list of my favorite Star Trek: TNG episodes, or finding new ways to call Donald Trump obnoxious and incompetent – because that never gets old. I don’t want to be writing about systemic racism yet again. And if I, as an ally, am tired of writing about it and drawing people’s attention to the problem, I can hardly imagine how exhausted my Black friends must be, not only by the conversation, but by living with yet another tragedy, with new aggressions small and large, with the constant emotional abuse that comes with being Black in America.

None of us who are White, no matter how empathetic or sympathetic, can begin to imagine what it is like. It is unrelenting. Try to think back on your worst moments of humiliation, of fear, of righteous anger at injustice directed your way, of frustration with slights that you cannot control and cannot escape. And then imagine putting up with those things all the time. Every. Single. Day. Maybe that comes close.

I’ve had online conversations with several friends the past few days. We’re all progressives, all terrified by the prospect of four more years of Donald Trump in the White House. And we were discussing a point made by a political commentator to the effect that some of the optics surrounding protests in D.C. and in Kenosha, and elsewhere – property damage, confrontations with police, inconveniencing city residents, etc.– might wind up hurting the Biden campaign. None of us want that, of course. But I have to ask of myself, if I were Black, would I care?

Yes, Donald Trump is a White supremacist; I believe that with all my heart. And no, Joe Biden is not. I think a Biden Presidency would be better for all Americans, and for non-White Americans in particular. But systemic racism has been around for a long, long time. Police have been persecuting Black Americans for a long, long time. Black Americans have felt the effects of these things under Republican Presidents and Democratic, under the first Black President, and under all the others.

Is “No justice, no peace” the most political convenient slogan for Democrats right now? Probably not.

You go tell that to the protesters. Because I can’t bring myself to do so.

I don’t have any answers. I didn’t earlier in the year, either.

I can say the words and mean them: Black Lives Matter.

I can and do try to explain to my White friends who don’t get it why it’s so important that we support BLM, that we set our privilege aside and recognize all the ways in which our society and politics and economy favor Whites over non-Whites, that we stop taking personally discussions of rampant racism in our culture. But that only gets us so far, and at a pace that feels glacial.

I can say to my Black friends, I hear you, I see you, I support you.

And I can say to all, please vote.

Monday Musings: Lightning Round!

Sometimes my Monday Musings posts are pretty easy to write – a topic comes to me and I riff on it or rant about it. Other times, nothing comes to me at all, and just getting started is next to impossible.

And there are days like today, when I have about 20 things to say and not a lot to say about any of them.

So, welcome to the Monday Musings Lightning Round!!

This coming week, Joe Biden is expected to announce his running mate, and in the lead-up to the announcement, things in the upper echelon of the Democratic Party have been getting surreal. Seriously. First of all, why Biden would have angry old white men on his VP selection committee is beyond me. Don’t get me wrong. I like Joe. I will vote for him with conviction if not enthusiasm. But doesn’t he pretty much have the angry old white man demographic covered on his own? Does he really need Ed Rendell and Chris Dodd to be part of this conversation?

And what the hell is the matter with those two? Rendell complains that Kamala Harris, a leading candidate for the VP slot, and my personal favorite, is “too ambitious,” a charge only ever leveled at women. Ambition in men is seen as a good thing. Why not Kamala? And excuse me, but every person who has ever run for President or announced their willingness to be VP is, by definition, ambitious. What the hell am I missing here? This would be the stupidest thing I’ve ever heard, but sadly Dodd has him beaten. Old Chris has been complaining that Harris hasn’t been “contrite” enough in conversations about her primary campaign attacks on Biden. When in the history of politics has any male candidate for ANYTHING ever had to express contrition as a prerequisite for a political post? I’ve been a Democrat all my life, and so I feel funny saying this, but Chris Dodd and Ed Rendell need to shut their fucking mouths.

The other night, Donald Trump announced that he was going to issue an executive order requiring that health insurance companies cover pre-existing conditions. He called this “a big deal” and said it had never been done before. Which, of course, is not at all true. This was, and still is, a cornerstone of Barack Obama’s Affordable Care Act, a law that even now the Trump Administration is trying to convince the Supreme Court to overturn. Is he just that ill-informed? Is he just that cynical? Is he both? Is he just a moron? Inquiring minds want to know.

The continued viability of Major League Baseball’s abridged 2020 season is balanced on a knife’s edge. Outbreaks among several teams, most recently the St. Louis Cardinals, have caused game cancellations across the league. This abbreviated season, scheduled for 60 games rather than the usual 162, is only about two weeks old, but already I find it hard to imagine how it lasts more than a month. Other professional sports leagues, notably the National Basketball Association and National Hockey League, have created “bubbles” in single venues – places where players, team staff, and press are isolated from anyone else. MLB, on the other hand, has allowed its teams to travel to their home cities. The results have been predictably poor. Seems like it’s just a matter of time before the season is called off.

As you might have guessed, I’m a baseball fan, and I am getting my baseball fix not from watching games on TV, but from playing in an online Stratomatic league with a group of friends and acquaintances. Basically, we all get to draft our teams from a large pool of all-time greats, our choices limited by a strict salary cap, and then the computer plays out the season while we tinker with our lineups, pitching rotations, and strategies. SO MUCH FUN! I know: It’s entertainment for nerds. But I love it. This is our second league since the pandemic began. In the first, my team was middle of the pack. Not great, but not terrible. I was in the hunt for a wild card playoff spot until the last two weeks, when the proverbial wheels came off. This new season, with all new teams, is going pretty well for my crew (which includes Ted Williams, Tom Seaver, and Joe Morgan), but it’s too early to draw any conclusions.

Like all of you, I’m sure, the pandemic is getting to me a bit. I would love to go out for dinner, or have a get-together with a bunch of friends. I miss my daughters terribly, having not seen either of them for way, way too long. But I count myself so fortunate for the simple reason that I love my spouse and she, for reasons surpassing understanding, seems to love me back. She goes to work every weekday, and I am working on stuff at home, but in the evenings and on weekends we basically have each other. And that’s enough. We cook together, watch TV or movies together, sip wine or Scotch or beers together. We talk a lot. We also sit next to each other on the couch reading our books or playing on our phones, saying not a word. And that’s nice, too. Here’s a phrase I never thought I’d type: There is no one with whom I would rather endure a pandemic…

I’m writing this outside on our porch (she’s working on the porch as well). It’s hot, but the breeze is picking up. We have one hummingbird feeder in the garden fronting the porch and another hanging off the porch to the side. And there must be at least ten hummingbirds harassing and chasing each other around the feeders, facing off in midair like hovercraft, buzzing past us at breakneck speeds, their wings whistling. I’m no more than ten feet from the nearest feeder, and they’re so intent on one another that they couldn’t care less about me. It’s quite entertaining, although now and then they buzz by so close to my head, that I duck belatedly.

And with that, I will wish you a wonderful week. Thanks for playing Monday Musings Lightning Round with me!