Opinion

The Great Debate

Filling judicial vacancies to protect the progressive legacy

What could never happen, finally did.

For more than 30 years the Democratic Senate caucus feebly stood by as Republicans seized control of the federal courts. Now, however, faced with a GOP filibuster of nominees for three vacancies on the appeals court that could determine the fate of most of President Barack Obama’s initiatives, the Democrats have at last responded.

The Democratic Senate majority last month eliminated the 60-vote requirement to end filibusters against presidential nominees to the lower federal courts and the executive branch. With this, they blocked a key element of the GOP’s long-term strategy to overturn the progressive legislative and judicial advances of the past 50 years, and prevent new Democratic initiatives.

Five years into Obama’s tenure, Democratic judicial appointees are still barely even with the number of active Republican judges. There are 93 vacancies, including 37 judicial emergencies as of January 7, with 53 nominations pending. If Obama is to preserve President Franklin D. Roosevelt’s legacy – as well as his own — against the many hostile judges now on the bench, he and the Senate will have to act quickly.

For if the GOP retakes the Senate in November, few of the president’s nominees will be confirmed in 2015-2016. The fate of progressive legislative and regulatory programs will then be in the hands of judges chosen by the next president.

Ronald Reagan’s election in 1980 spearheaded this effort, orchestrated by Reagan counselor Edwin Meese III. Meese sought to dominate the federal courts with a two-pronged strategy: appointing youthful ultraconservatives, who could serve 30 to 40 years on the bench, and keeping liberals and moderates off it.

2014: Another election about Obamacare

Here we go again.

2014 will be the third election in a row in which Obamacare is the central issue. The Affordable Care Act, which President Barack Obama signed into law in March 2010, contributed to a fierce voter backlash against Democrats in November 2010. After the Supreme Court upheld the law in June 2012, the issue seemed to be settled by Obama’s re-election that November.

But no.

The botched Obamacare rollout this year has again thrust the issue to the top of the political agenda. Republicans are counting on opposition to Obamacare to propel them to a majority in the Senate next year. A conservative group is already running an ad attacking Senator Jeanne Shaheen (D-N.H.) for supporting Obamacare: “Next November, if you like your senator, you can keep her. If you don’t, you know what to do.”

2013 came to a close with two big political stories. The government shutdown in October was immensely damaging to Republicans. So damaging that House Republicans defied their conservative base and voted for a compromise budget deal last week. Speaker John Boehner (R-Ohio) attacked the Tea Party, accusing them of pushing congressional Republicans “into this fight to defund Obamacare and shut down the government.” A fight Boehner said all along was unwinnable.

Obamacare’s endless exemptions

Thursday night, the White House announced yet another exemption from the pain Obamacare is causing so many Americans. This latest “fix” would allow some Americans who’ve lost plans to exempt themselves from Obamacare requirements by claiming the law imposes a “hardship” because it’s “unaffordable.”

“Hardship”…“unaffordable”…these are the Obama administration’s own terms. About its own law.

These are the very things Republicans and health experts warned about for years.

Danger and delay on dirty bombs

When highly radioactive material that can be used in a “dirty bomb” is moved to or from a hospital in New York City, it is done in the dead of night on cordoned streets with high security.

In Mexico two weeks ago, a truck moving a large canister containing radioactive material was hijacked at a gas station — where it had been parked with no security. The cobalt-60 that was stolen from the vehicle and then extracted from its protective lead shield is so potent that it is considered a significant national security threat under U.S. guidelines.

There are now no international mandatory requirements for how to control these dangerous materials — including how they should be transported. The International Atomic Energy Agency (IAEA), the international nuclear watchdog, has only issued recommendations, in the form of a voluntary Code of Conduct.This disconnect between how nations manage extremely dangerous nuclear materials sought by terrorists creates significant security vulnerabilities. If a dirty bomb is exploded anywhere in the world, it would cross the nuclear terrorism threshold and open the door to further attacks.

from David Rohde:

Honor Mandela by stopping a genocide

As South Africans cheered President Barack Obama’s speech at the funeral of Nelson Mandela on Tuesday, a nation of 4.6 million people 2,500 miles north was being torn apart by religious hatred.

Muslim civilians in the Central African Republic, clutching machetes and crude, homemade weapons, prepared to fight off marauding Christians. Christians were forming self-defense militias in other parts of a country the size of Texas, to prevent Muslims from slitting their throats.

“We drove through some villages where every single person has picked up arms,” Peter Bouckaert, a researcher with Human Rights Watch, told me in a telephone interview from the republic on Tuesday. “Children as young as 11 have picked up daggers or have knives or even hunting rifles.”

Obama: Building trade to build growth

The Obama administration has quietly embraced the most ambitious agenda on trade and investment liberalization in the past two decades.

The United States is currently juggling no fewer than five high-level trade negotiations: free trade talks with the European Union; the Trans-Pacific Partnership (TPP) talks with a dozen Asia-Pacific countries; a new Information Technology Agreement covering trade in high-tech goods; negotiations on liberalizing services trade though the World Trade Organization, and a last-ditch effort this week to agree on new trade facilitation measures at the WTO ministerial meeting in Bali.

This about-face on trade from President Barack Obama’s first term is remarkable.

Can Obama ever close Guantanamo?

Twelve years ago this month, President George W. Bush issued an order authorizing the U.S. military to detain non-U.S. citizen “international terrorists” indefinitely, and try some of them in military commissions. Within two months, those seized in the “war on terror” following the U.S.-led invasion of Afghanistan were being sent to Guantanamo Bay.

A dozen years later, the United States is preparing to withdraw its troops from Afghanistan, ending “the longest war in American history,” as President Barack Obama observed on Veteran’s Day. Yet the Guantanamo prison — now notorious as the site of torture and other abuses — remains open.

Obama pledged to close Guantanamo as one of his first official acts in office. Yet nearly six years into his presidency, the prison continues to hold 164 foreign captives. Only three have been convicted of a crime.

Broaden the German-U.S. dialogue about snooping

Germans are not naive: They know that states spy, and that attempts to listen in to Chancellor Angela Merkel’s conversations were to be expected. But they didn’t expect that the United States would do this, for a decade.

Trust needs to be rebuilt. We must go beyond an exchange of accusations and counter-accusations over this issue. As allies and democracies, the United States and Germany can do this, with some imagination and effort, and the relationship can be improved as a result.

From a U.S. perspective, the specific alleged offense — listening to Merkel’s cell phone conversations — has been remedied. President Barack Obama says the U.S. government is not doing this and will not do this.

What Democrats have going for them? Republicans

Democrats had one thing going for them in the election this week: Republicans. That kept President Barack Obama’s party from faring much worse.

Dissatisfaction with the economy is still very high. In the network exit polls, more than 80 percent of Virginia and New Jersey voters said they were worried about the nation’s economy over the next year.

The economy was the top issue in both states. New Jersey voters concerned about the economy voted 2 to 1 for Republican Governor Chris Christie — even though he was the incumbent. It isn’t his economy. It’s Obama’s economy. That’s the new rule in American politics: All politics is national.

from Nicholas Wapshott:

No, austerity did not work

There have been a lot of sighs of relief in Europe lately, where countries like Britain and Spain, long in recession, have finally started to grow. Not by much, nor for long. But such is the political imperative to suggest that all the misery of fiscally tight economic policies was worth the pain that there are tentative claims the worst is now over and, ipso facto, austerity worked.

Hold on a minute. Growth is good. Growth is what allows countries to pay down their national debt by increasing economic activity, putting the unemployed to work and making people prosperous enough to pay taxes. But gross domestic product growth alone is not enough to provide adequate sustained prosperity if it does not also lead to significant job growth.

Take Spain, which has just emerged from two years of recession by posting a third quarter growth rate of 0.1 percent. Technically the Spanish slump is over. But a glance at their job figures shows the country has a long way to go before it can genuinely say it has escaped the diminishing effects of austerity -- in the form of tight fiscal policies, public spending cuts and labor and entitlement reforms -- imposed indirectly by Germany through the European Union.

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