Month: February 2016

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My Supreme Court Fantasy

One of my friends asked if she would go to hell because she was glad that Antonin Scalia was dead.  I have mixed feelings.  First, I’m very sad for his family as sudden death is always difficult.  On the other hand, I am happy he is no longer a factor on the Supreme Court.  Justice Ruth Bader Ginsberg wrote on the the nicest tributes I’ve seen.  This is from Vox.

So it’s no surprise that of all the tributes to Justice Scalia, who died Saturday of an apparent heart attack at the age of 79, Justice Ginsburg’s is uniquely moving. It’s a tribute to Scalia as an interlocutor, a fellow opera lover — including a reference to the opera Scalia/Ginsburg: A (Gentle) Parody of Operatic Proportions, which debuted in 2015 — and a “best buddy.”

Toward the end of the opera Scalia/Ginsburg, tenor Scalia and soprano Ginsburg sing a duet: ‘We are different, we are one,’ different in our interpretation of written texts, one in our reverence for the Constitution and the institution we serve. From our years together at the D.C. Circuit, we were best buddies. We disagreed now and then, but when I wrote for the Court and received a Scalia dissent, the opinion ultimately released was notably better than my initial circulation. Justice Scalia nailed all the weak spots—the ‘applesauce’ and ‘argle bargle’—and gave me just what I needed to strengthen the majority opinion. He was a jurist of captivating brilliance and wit, with a rare talent to make even the most sober judge laugh. The press referred to his ‘energetic fervor,’ ‘astringent intellect,’ ‘peppery prose,’ ‘acumen,’ and ‘affability,’ all apt descriptions. He was eminently quotable, his pungent opinions so clearly stated that his words never slipped from the reader’s grasp.

Justice Scalia once described as the peak of his days on the bench an evening at the Opera Ball when he joined two Washington National Opera tenors at the piano for a medley of songs. He called it the famous Three Tenors performance. He was, indeed, a magnificent performer. It was my great good fortune to have known him as working colleague and treasured friend.

So my fantasy is imagining Justices Ginsburg, Sotomayor, and Kagan joined by a Justice Amy Klobuchar.  What a quartet that would be!

Patrick Condon writes in the Minneapolis Star Tribune

U.S. Sen. Amy Klobuchar is likely to mix it up in the coming political brawl in Washington around replacing Supreme Court Justice Antonin Scalia, and not just because her own name has again surfaced as a potential high court nominee.

Klobuchar

Klobuchar sits on the Senate Judiciary Committee.  This can be a plus because she has worked with all the Republican members.

Obama said late Saturday that he intends to try to fill the vacancy “in due time.” It is already shaping up to be an epic battle as Obama has been handed the rare chance to swing the ideological balance of the court, where Scalia served as one of the most reliably conservative voices in the 5-4 majority.

As Republicans who control the U.S. Senate vow to block Obama, the president will look for judiciary committee allies like Klobuchar and Franken. But Klobuchar, an attorney and a former elected prosecutor, may first be considered as a prospect.

“I think there’s a bunch of reasons she makes sense,” said Norman Ornstein, an expert on Congress and U.S. politics at Washington’s American Enterprise Institute, who was touting Klobuchar’s case on Twitter over the weekend. “I think there’s a substantive argument for her, and a political argument for her.”

…

Ornstein said by choosing a U.S. senator, Obama could make it a harder for Senate Republicans to block a trusted colleague for the entirety of 2016. And he suggested it might be a good time to reverse the recent presidential trend of only picking judges.

“There was a long tradition of selecting people who had been in public life, gone through elections and served in legislatures or executive office,” Ornstein said.
 Chief Justice Earl Warren and retired Justice Sandra Day O’Conner are two examples cited.
President Obama may ultimately decide that Klobuchar is too political an appointment and we don’t know if she would even be interested, but I can dream of the Mighty Four on the Supreme Court.
Photograph:  Twitter.com
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What is being a feminist all about?

I’ve got credentials.  I was a delegate from Virginia to the First National Women’s Conference held in Houston in 1977.  I shepherded one of the early pay equity cases – a professor at Old Dominion University who was being paid less than her colleague with similar degrees and experience – to a successful conclusion.  I worked to make marital rape a crime and to ratify  the Equal Rights Amendment in the Virginia legislature.  The first successfully, the second not.  I’m the same age as Hillary Clinton.  And I am very disappointed in how her campaign somehow feels entitled to my vote.  Some how I lose my standing as a feminist if I support Bernie Sanders.  She seems to have migrated a long way from her wonderful speech in Beijing.

Women listening to Hillary Clinton at a campaign event in New Hampshire

Women listening to Hillary Clinton at a campaign event in New Hampshire

I was trying to figure out how to write about this when I read Frank Bruni’s column this morning in the New York Times.  I think he was hit the nail on the head.  He begins

I’m 51. My health is decent. And while my mother died young, there’s longevity elsewhere in the family tree.

I could live to see an openly gay presidential candidate with a real chance of victory.

Will there be a “special place in hell” for me if I, as a gay man, don’t support him or her?

I can guess Madeleine Albright’s answer. She more or less told women that they’re damned if they’re not on Hillary Clinton’s team.

I’m still trying to get my head around that — and around Gloria Steinem’s breathtakingly demeaning assertion that young women who back Bernie Sanders are in thrall to pheromones, not ideas or idealism, and angling to score dates with the young bucks in the Sanders brigade.

I could substitute Asian American for gay and ask the same question.

There’s a weird strain of thought swirling around Clinton’s campaign: that we should vote for her because she’s a woman. Or that she’s inoculated from certain flaws or accusations by dint of gender. Or that, at the least, there’s an onus on forward-looking people who care about gender inequality to promote her candidacy.

I care about gender inequality, and I don’t buy it. It’s bad logic. It’s even worse strategy. People don’t vote out of shame. They vote out of hope.

Perhaps that was among the lessons of Clinton’s defeat in New Hampshire on Tuesday, where she lost to Sanders among all women by at least seven percentage points, according to exit polling, and among women under 30 by more than 60 points.

Somehow we got from the positive nature of a woman running for President to what must seem like a bunch of old women scolding young ones for supporting – gasp -a man instead.

Clinton’s gender indeed matters. Just as you couldn’t properly evaluate Obama’s arc without factoring in race, you can’t see her accurately without recognizing that she’s a woman of her time, with all the attendant obstacles, hurts, compromises and tenacity.

That informs — and, ideally, illuminates — her perspective. And her presidency would carry a powerful, constructive symbolism that can’t and shouldn’t be ignored.

But those are considerations among many, many others in taking her measure and in casting a vote. To focus only or primarily on them is more reductive than respectful, and to tell women in particular what kind of politics they should practice is the antithesis of feminism, which advocates independence and choices.

We’re all complicated people voting for complicated people. We’re not census subgroups falling in line.

I’ll go to the barricades for that imagined gay candidate if he or she has talents I trust, positions I respect and a character I admire. If not, I’ll probably go elsewhere, because being gay won’t be the sum of that person, just as womanhood isn’t where Clinton begins and ends.

I will be voting for her in November should she be the Democratic nominee, but I will never quite admire either Madeline Albright or Gloria Steinham in quite the same way as I did before.

Photograph:   Richard Perry/The New York Times

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Hillary and Bernie

I woke up this morning to pundits talking about the debate last night as if it had been a boxing match.  As a friend posted on Facebook that is not what he saw.  Me either.  What he and I saw were two smart, articulate people who both want to be President.  Yes, they each had good moments and not so good ones, but if you are a Democrat you can be proud that you have a choice between two people who can talk about issues without mudslinging and with no name calling.  As my husband pointed out, either of then could stand up to questioning during British Prime Minister Question Time without embarrassment.  Can the Republicans say the same?

Senator Bernie Sanders and Hillary Clinton met for a debate at the University of New Hampshire on Thursday night.

Senator Bernie Sanders and Hillary Clinton met for a debate at the University of New Hampshire on Thursday night.

Politico published a list of the “11 most important moments”.  I think it is good list and tells us more than the stories with headlines like “Clinton and Sanders get ugly.”  No, they didn’t.  Passionate, yes.  And don’t you want some passion from people seeking your vote?

Politico’s first moment

“A very artful smear”
In one of her most energetic salvos of the campaign, Clinton ripped Sanders for “attacks” and “insinuation” suggesting that anyone who takes campaign contributions has been “bought.”

“If you’ve got something to say, say it directly, but you will not find that I ever changed a view or a vote because of any donation I ever received, and I have stood up and I have represented my constituents to the best of my ability,” she said, calling on Sanders to “end a very artful smear that you and your campaign have been carrying out.”

An incredulous Sanders, shaking his head attempted to respond, but Clinton continued talking over him.

I’m waiting for someone to find an instance where Hillary changed.  If there is one, it will come from the press not from a negative Sanders super pac ad because he doesn’t have one.

One thing I like about Bernie is that he learns.  He doesn’t have to change his views very often (gun control was not discussed last night), but he is learning how to broaden his appeal.

Sanders makes pitch to African Americans on Flint
Sanders and Clinton largely agreed that urgent and overwhelming action must be taken to fix the crisis of contaminated water in Flint, Mich. But Sanders harnessed the issue to hone his pitch to African Americans, who have largely overlooked his candidacy and favored Clinton, despite his repeated overtures.

Sanders said he wondered whether, if Flint were “a white suburban community, what kind of response there would have been.”

“Flint, Michigan is a poor community, it is disproportionately African American and minority and what has happened there is absolutely unacceptable,” he said.

Bernie is moving past his Black Lives Matter moment and past his long history of working for civil rights and learning to articulate contemporaneous connections is a more natural matter.  The upcoming debate in Flint should be interesting as Bernie is much tougher on Michigan state officials and the EPA than Clinton.

The last Politico moment I am going to cite is the discussion of the death penalty.

Debating the death penalty
It was a genuine distinction. Clinton outlined her support for the death penalty, arguing that it should be allowed in extremely rare circumstances but only if a state meets “the highest standards of evidentiary proof.” She cited the Oklahoma City bombing as an example of a crime heinous enough to warrant the death penalty.

Sanders argued that the death penalty had often been applied to innocent people, and despite “barbaric acts out there” he doesn’t believe in the death penalty. “In a world of so much violence, I just don’t believe that government itself should be part of the killing,” He said. “So when somebody commits any of these terrible crimes that we’ve seen, you lock ’em up and you toss away the key.”

My takeaways:  Hillary needs to figure out how to respond to the questions about Goldman Sachs and other contributions from financial issues.  Bernie needs to work on foreign policy since he was not Secretary of State but his answer to the question from Chuck Todd as to which of these countries is the biggest threat:  Russia, North Korea, or Iran was surprising and his rational well thought out.  Sanders picked North Korea because an isolated dictator has a nuclear weapon.

I’m voting for Bernie when Vermont has its primary on March 1 because I think someone needs to talk about the future in a big way and because I admire that he is running his campaign as a model of how one can run without big money in the age of Citizens United.  Plus he’s from Vermont.  But Democrats can be proud of their candidates regardless of which they support.  The New York Times quoted Mia Farrow “Now if they could just split the gig — Bernie would cover domestic, Hillary on foreign policy.”   I think a lot of people could agree with her.

Photograph:  Todd Heisler/The New York Times