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 Proportionswhich 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

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

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

 

 

The start of the Presidential election season

First, I guess it really isn’t a season in the meteorological sense if it ever was but more like a year.

I’m not sure which of the Republican candidates I would want the Democratic nominee to run against since I find most of them pretty scary in the horror movie sense.  As far as I can tell none believe in climate change (even Bush and Rubio from Florida which is sinking fast); they don’t (even Rand Paul the doctor) believe in science; and they certainly don’t believe in what used to be called “the little people.”  They want the United States to be a “Christian Nation.”  I guess they just carry copies of the United States Constitution around in their suit coat pockets, but don’t read it.  It says something about “establishment of religion.”  My assumption that we long ago resolved to be a diverse society – including religious belief – must be incorrect.  At times they seem almost to be a Christian version of those fundamentalist Muslims they so oppose.  But most frightening of all is that all of them seem to want to control women and our bodies.  They appear to be opposed to regulation except of women.  So there really isn’t much to choose from on that side.  It should be fun to watch when they begin to squabble.

My problem is Hillary Clinton.  I’m not exactly sure why I am not enthusiastic about her.  I always liked her when she was First Lady, thought she represented New York well in the Senate, and she was a good Secretary of State.  But President?  I just can’t get excited.

Hillary

I took the Gail Collins quiz, “Take Your Hillary Temperature” the other week and my score was “ready for a primary.”  But who could be in the primary?

I like Elizabeth Warren and worked hard to get her elected to the Senate when I live in Massachusetts, but I think we should take her at her word that she doesn’t want to run.  If she stays in the Senate and things break for the Democrats she could be the first woman Majority Leader.  So leave Elizabeth alone, please.

There is my current Senator, Bernie Sanders.  Bernie might make a fine candidate, I think he would be a good debater, but I just can’t see him as President.  He was the mayor of Burlington, VT which in the scheme of things is not a very big town.  Bernie is like the opposite of Ted Cruz ideologically.  I think he’s going to run.

There are three governors who would be possible.  Deval Patrick (who has already said no), Tim Kaine (who is already supporting Hillary) and Martin O’Malley who appears to be running.  I also like Senator Amy Klobachar but I don’t think she has any thoughts about running.

So why can’t I just jump on the Hillary bandwagon?  I get many email from various people telling me to do just that.  I think, however, I am suffering from Clinton fatigue.  We know too much about her and Bill not all of which I like.  I’m also not sure she can attract the young, white, male voters who may well decide this election.  And maybe it is none of those reasons, but something I can’t yet put my finger on.  All I know is that I think a primary would be good for the Democratic Party whether Hillary gets the nomination or not.

Photograph: Justin Sullivan / Getty

The Republican obsession with women’s bodies and sex

Haven’t posted for quite a while now.  Maybe it is the end of winter doldrums (I can almost say I survived my first Vermont winter which wasn’t nearly as bad as winter in the Boston I left behind.) or maybe I’m just discouraged by the general  state of politics.   I’m becoming increasingly fearful about what will happen if the Republicans take over the Presidency next year.  But I have been aroused from my lethargy by a story and editorial in today’s Brattleboro Reformer.

I’m not sure how it works in other parts of the country, but New England has a tradition of school children asking a legislator to introduce a bill for them.  I wrote a few weeks ago about the young woman who wanted Vermont to have a Latin motto.  Another group would like the Gilfeather turnip to become the Vermont state vegetable.  The children have to do their research and come and testify before the appropriate committee of the state legislature.  Their bills sometimes pass and sometimes get postponed for a year, but along the way they learn about politics and how bills become laws.  So a group in New Hampshire wants to make the red-tailed hawk the state raptor.  The Reformer editorial compares their reception to that given to the Gilfeather turnip lobbyists.

On March 17, a dozen students from Wardsboro Elementary School traveled to Montpelier to lobby for designating the Gilfeather turnip as the state vegetable. Wardsboro was home to John Gilfeather who is credited with developing the turnip that bears his name.

Rep. Emily Long, a Democrat from Newfane and a co-sponsor of the turnip bill, said she was “absolutely thrilled to see the kids here. I heard they were really good, I saw one of their teachers, and she was glowing!”

The students were told by Rep. Carolyn Partridge, a Democrat from Windham, that the bill would not pass this year, but she said many members of the committee supported it. In fact, Partridge said Gilfeather turnips had a celebrity status at her family’s Thanksgiving and Christmas tables growing up, and she said she would make a soup from them and bring it to the committee so they can taste the gnarly root vegetable for themselves.

Members of the committee were given wool-felted Gilfeather turnip pins, one of many items handcrafted and sold as part of fundraisers for the annual festival, which benefits the town’s library.

But what happened in New Hampshire?

Now let’s compare the reception the Wardsboro students received to the reception a handful of fourth-grade students received when they went to Concord to lobby to name the red-tailed hawk the state bird. What was the reaction they got? Incredibly, one legislator likened the bill to abortion.

State Rep. Warren Groen, from Rochester (need we really name his party?) said the red-tailed hawk “mostly likes field mice and small rodents. It grasps them with its talons and then uses its razor sharp beak to rip its victims to shreds and then basically tear it apart, limb from limb. And I guess the shame about making this the state bird is it would make a much better mascot for Planned Parenthood.”

Yes, Groen took the opportunity to push his anti-choice agenda at the expense of a group of 9 and 10-year-old students from Hampton Falls.

We’ve all seen video and read stories about male Republicans at all levels of government getting tangled up in trying to figure out birth control, rape, and abortion.  Remember back when Newt Gingrich said women can’t be soldiers because they get a “disease” every month?  Or Rush Limbaugh thinking one had to take a birth control pill with every act of intercourse?  Or the guy who said women could hold an aspirin (I think it was an aspirin.) between their knees to prevent rape.  And most recently the state legislator who thought maybe one could swallow a tiny camera so a doctor could see how old the fetus was before an abortion was performed.  The list is endless.  But NH Rep. Groen really shows the totality of their obsession by introducing the anti-choice agenda during a hearing about raptors.  When the inappropriateness of his comments was pointed out and he was asked by leadership to apologize, Groen made the whole thing into a free speech issue.

What was Groen’s reaction to criticism of his comment? “Every time we’re in session the gallery is open, and there are children in the gallery. So, I don’t know, should we limit free speech or should we limit who goes in the gallery?”

Maybe the answer, Rep. Groen, is that on a day when birth control, abortion rights, or Planned Parenthood are being debated it is up to parents to decide if their children should be in the gallery.  But not when we are talking about red-tailed hawks.

Red-Tailed Hawk

Red-Tailed Hawk

And while we are on the topic may I ask why Congressional Republican have to add an amendment about abortion to every single piece of legislation?  Today I’m talking about the bill concerning trafficking of women, the bill that is holding up the confirmation of Loretta Lynch to be Attorney General.  Can we drop that language and pass the bill and confirm Ms. Lynch, please?

 

 

 

 

 

Photograph:  Cornell Lab of Ornithology.  Taken by Betty Lemley, New Jersey, February 2008

Dean Smith and Carolina basketball

My mother, Marii Hasegawa, loved Atlantic Coast Basketball, but she really loved the Tar Heels the best.  Even after my sister got her Masters degree from Duke, my mother refused to root for them when they played North Carolina.  I have only been to one Final Four, but it was in 1982 and I got to see North Carolina win it all.

Dean Smith, the North Carolina basketball coach, after the Tar Heels defeated Georgetown for the N.C.A.A. championship in 1982

Dean Smith, the North Carolina basketball coach, after the Tar Heels defeated Georgetown for the N.C.A.A. championship in 1982

My mother was happy; my aunt who favored Georgetown, was not.

Richard Goldstein writing the obituary in the New York Times points out that while Dean Smith was a legendary basketball coach he should be remembered for a great deal more.

Smith’s 879 victories rank him No. 4 among major college men’s basketball coaches, and his teams won two national championships. He turned out a host of all-Americans, most notably Michael Jordan, perhaps basketball’s greatest player, but he emphasized unselfish team play. He was a member of the Basketball Hall of Fame and a four-time national coach of the year.

Like most successful coaches, Smith was adept at diagraming plays on a blackboard. But unlike many, he ran a program that was never accused of N.C.A.A. violations, and some 97 percent of his players graduated.

President Obama awarded Smith the Presidential Medal of Freedom, the nation’s highest civilian award, in November 2013, presenting it to his wife, Linnea, who represented him at a White House ceremony.

In addition to citing Smith’s achievements on the court, Mr. Obama praised his “courage in helping to change our country” through his progressive views on race relations.

He drew on a moral code implanted by his parents in Depression-era Kansas to break racial barriers in a changing South. He challenged segregation and recruited Charlie Scott, who became the first starring black basketball player in the Atlantic Coast Conference.

“My father said, ‘Value each human being,’ ” Smith recalled in “A Coach’s Life” (1999), written with John Kilgo and Sally Jenkins. “Racial justice wasn’t preached around the house, but there was a fundamental understanding that you treated each person with dignity.”

Smith’s parents instilled a sense of racial tolerance in him, in a highly segregated state, long before the modern civil rights movement. His father [a high school basketball coach] put a black player named Paul Terry on his 1933-34 team, which won the state championship, though Terry was barred from playing in the state tournament by Kansas sports officials.

I remember hearing a lot of players say they made decisions well into adulthood only after consulting with Coach Smith.  I remember when Michael Jordan wanted to leave UNC early some of the announcers saying that Jordan was leaving only after promising his mother and Coach Smith he would get his degree.  He did.

The Charlotte Observer has this anecdote.

Smith the innovator also was Smith the motivator. But he didn’t give rah-rah pep talks. He typically explained what they needed to do to win and the significance of the moment.

Once at Maryland, however, he did promise to sing “Amen” – the Terps’ late-game theme song – if the Tar Heels beat Lefty Driesell’s club. Carolina won and Smith fulfilled his vocal promise, but according to reports, he would not have won the “American Idol” title.

“He was not much as a singer,’’ recalled guard Ged Doughton.

Many will write about Dean Smith’s contributions to the game of basketball.  For example, his “Four Corners” offense made the shot clock necessary.  But I want to remember him for his views off the court also.  In an article from 2013, Barry Jacobs wrote

Smith was periodically approached about running for the U.S. Senate from North Carolina as a Democrat. But the publicity-shy coach disdained the glad-handing involved in soliciting votes and raising money. Besides, he said, “I’d never get elected if people in North Carolina realized how liberal I am.”

He was probably right. Over the years Smith spoke in favor of a nuclear freeze and for gay rights. He opposed capital punishment. He joined a Chapel Hill street protest against the war in Vietnam. When President George H.W. Bush sent American troops into Iraq in 1991, Smith asked: “Why can’t the United States band together for some other good thing like (fighting) poverty? If you want to kill somebody, then everybody’s for it.”

 My mother loved Carolina basketball and she admired Dean Smith.  If they had ever met I think they would have had a lot to say to each other.

Photograph:  Pete Leabo/Associated Press

 

Looking at President Obama

The annual Gallup poll of the most admired man has just picked President Obama.  Even among Republicans he tied with Pope Francis.  But to hear some Republican elected officials and pundits, Barack Obama is the devil incarnate.  If he says the sky is a little cloudy, they will say it is clear.  So what is going on?  Are people finally catching on to what he has accomplished?  Are people starting to look beyond the media’s short attention span?  I don’t have any answers, but I know that the President has managed more than one could ever imagine given the Tea Party and solid Republican opposition to everything he proposes. Even people like Paul Krugman, who one would think would be a supporter, was not.  But Krugman has changed his mind and in October wrote a widely circulated defense.

When it comes to Barack Obama, I’ve always been out of sync. Back in 2008, when many liberals were wildly enthusiastic about his candidacy and his press was strongly favorable, I was skeptical. I worried that he was naive, that his talk about transcending the political divide was a dangerous illusion given the unyielding extremism of the modern American right. Furthermore, it seemed clear to me that, far from being the transformational figure his supporters imagined, he was rather conventional-minded: Even before taking office, he showed signs of paying far too much attention to what some of us would later take to calling Very Serious People, people who regarded cutting budget deficits and a willingness to slash Social Security as the very essence of political virtue.

I certainly haven’t agreed with everything Obama has proposed or done, but no one agrees with anyone else 100% of the time.  And there have been some scary moments.  Remember the “Grand Bargain”?  But we can list as accomplishments the Affordable Care Act, Dodd-Frank financial reform (despite the reluctance of Congress to fund the Consumer Protection Bureau and the recent gutting of the prohibitions on banks and derivatives.), the steady improvement of the economy (the only one in the world not on the verge of tanking again) and the ending of our combat roles in the wars in Iraq and Afghanistan.  But I just don’t understand the continuous bashing by everyone.  Plus, I firmly believe that the mid-term elections would not have been quite so bad if the Democrats had had the guts to run on the President’s record.

Krugman writes

But now the shoe is on the other foot: Obama faces trash talk left, right and center – literally – and doesn’t deserve it. Despite bitter opposition, despite having come close to self-inflicted disaster, Obama has emerged as one of the most consequential and, yes, successful presidents in American history. His health reform is imperfect but still a huge step forward – and it’s working better than anyone expected. Financial reform fell far short of what should have happened, but it’s much more effective than you’d think. Economic management has been half-crippled by Republican obstruction, but has nonetheless been much better than in other advanced countries. And environmental policy is starting to look like it could be a major legacy.

I think one of the problems the President has is that he is a canvas on which each person paints the picture of what they want him to be.  Michelle Bachmann sees him as a non-Christian, non-American.  Cornel West thinks he is a ‘counterfeit progressive”, meaning, I guess a conservative in progressive clothing.  The problem is people do not look at facts.  And they certainly don’t understand the character of the man.  I found this description of him on the golf course very apt.

One of the golfers who played with Mr. Obama said the way the president carried himself on the course provided significant insight into his character.

“If you came down from Mars and saw his disposition on the golf course, you would think he would be a pretty good president,” the golfer said. “He’s honest, he keeps his composure through terrible adversity, he’s unruffled, he smiles, and he doesn’t quit.”

Obama

This is why after the mid-term elections, President Obama was able to have what Kevin Drum writing in Mother Jones magazine was able to call “a Hellava month”.  Drum lists his accomplishments during November and December.  Here are a few from his list.

  • November 11: Concluded a climate deal with China that was not only important in its own right, but has since been widely credited with jumpstarting progress at the Lima talks last week.

  • November 20: Issued an executive order protecting millions of undocumented workers from the threat of deportation.

  • November 26: Signed off on an important new EPA rule significantly limiting ozone emissions.

  • December 17: Announced a historic renormalization of relations with Cuba.

Plus a number of judicial and other nominees were approved by the Senate before they went home for the holidays. Jennifer Bendery explains in the Huffington Post.

If there’s one thing from 2014 that will define President Barack Obama’s legacy after he’s left the White House, it’s the number of lifetime judges he put on the federal bench.

In its final act of the year, the Senate blew through a dozen U.S. district court nominees on Tuesday night. That puts Obama at a whopping 89 district court and circuit court confirmations for the year, and means he’ll wrap up his sixth year in office with a grand total of 305 district court and circuit court confirmations — a tally that puts him well beyond where his predecessors were by this point in their presidencies.

It may be that, in the end, his biggest effect on the judiciary isn’t sheer numbers as much as the diversity of his judges. Forty-two percent of Obama’s confirmed judges are women, 19 percent are black and 11 percent are Hispanic, according to data provided by the White House. Eleven of his confirmed judges are openly gay or lesbian.

Even the 12 nominees confirmed Tuesday night will make a mark: Robert Pitman will be the first openly gay judge to serve in the Fifth Circuit, which includes Texas, Louisiana and Mississippi. Loretta Biggs will be the first black woman to serve as a district judge in North Carolina.

The most interesting part of the nominee confirmation story is that the last were made possible by Senator Ted Cruz who probably had no idea what he was doing.

Democrats spent the final days of the lame duck thanking Sen. Ted Cruz (R-Texas) for inadvertently helping to expedite votes on Obama’s nominees. On Friday, Cruz derailed a plan by party leaders to leave for the weekend and come back Monday in an effort to force a show vote on Obama’s immigration executive action. The stunt kept senators in session all day Saturday, with hours to kill. So, Senate Majority Leader Harry Reid (D-Nev.) used the time to tee up votes for the 12 district court nominees still on the calendar.

With two years to go, I don’t think any of us should write President Obama off as a “lame duck”.  He seems to be freed by not having to run for office again.  We all need to stay tuned to see what he does next.

Photograph:  Uncredited from Mother Jones.