Tag: Amy coney Barrett

The Washington Walrus’ Guide To The Supreme Court

The Washington Walrus’ Guide To The Supreme Court

Joe Biden has announced his first pick for the Supreme Court: Ketanji Brown. She would become the first Black woman appointed, should she be confirmed. Yes, the should has become a most dubious matter of late, since the Democratic majority hangs by a thin thread, as if taken from a cat-ravaged sweater. They’ll need every Democrat in the Senate on board and likely Kamala Harris too (as the deciding tie-breaker) should no Republicans offer support. Which they won’t.

Sadly, the Supreme Court nominating process has become embroiled in the same petty politics that dominates basically every other major appointment or campaign in Washington. And it’s much more consequential since Supreme Court justices don’t have terms limits (Clarence Thomas has been serving for 30 years now). So a lot is on the line. Plus, this is just replacing one Democratic appointee (Stephen Breyer) with another. The Republican appointees (i.e. conservative judges still hold a majority of 6:3 which is unlikely to change anytime soon. Can anything be done and what’s the best course of action? There’s really no clear-cut answers but we’ll delve into it, after first taking a look at the justices:

  1. John G. Roberts (Chief Justice; appointed by George W. Bush; 2005; confirmed 78-22 vote)
  2. Clarence Thomas (appointed by George H.W. Bush; 1991; confirmed 52-48 vote)
  3. Stephen G. Breyer (appointed by Bill Clinton; 1994; confirmed 87-9; to be replaced)
  4. Samuel Alito Jr (appointed by George W. Bush; 2006; confirmed 58-42)
  5. Sonia Sotomayor (appointed by Barack Obama; 2009; confirmed 68-31)
  6. Elena Kagan (appointed by Barack Obama; 2010; confirmed 63-37)
  7. Neil Gorsuch (appointed by Donald Trump; 2017; confirmed 54-45)
  8. Brett Kavanaugh (appointed by Donald Trump; 2018; confirmed 50-48)
  9. Amy Coney Barrett (appointed by Donald Trump; 2020; confirmed 52-48)

Just at a glance, a couple interesting points can be drawn:

  • The votes have become increasingly contentious (for the most part)
  • Donald Trump has secured three appointments in a single-term without even winning the popular vote

It would be incorrect to say this process hasn’t always involved politics or clashes over nominees. Indeed, history shows that as far back as Washington, there’s been rejection and compromise (when he failed to make John Rutledge the Chief Justice in 1795). John Tyler (the first VP to ascend to the top job) only had one of his five men appointed by the Whig-majority Senate. So, it’s nothing new exactly. But… it has gotten pettier and that bit more combative. In 2017, Trump appointed Gorsuch even though it was Obama’s duty to replace the conservative judge Antonin Scalia (the Republicans basically blocked Obama and delayed). Amy Coney Barrett was then quickly rushed through in the wake of Ruth Badger Gisberg’s death in 2020; appointed only a week out from election. (Her nominating process, between hearings and other such matters, took only 28 days, where it’s taken 2-3 months on average the last 50 years for other justices).

The short-circuiting and politicisation of this process has not been lost on the public. From August 2019 to January 2022, a PEW Research Center poll found favorability ratings of the court had fallen from 69% to 54%. Democrats are naturally more miffed , considering the general ideological imbalance. Many conservatives, unsurprisingly, find the court to be closer to neutral in their judgment. For Jack Schafer (writing in January for Politico), the differences of perspective are irrevocably hard to reconcile. He writes that Joe Biden’s declaration of Black female justice (motivated by endorsement of S. Carolina representative Jim Clyburn) parallels Reagan’s promise of a female justice in 1980. He also feels that judicial philosophies cannot easily be separated from personal ones (if at all) as evidenced by rulings which “track so closely with the positions of the parties whence they came”. Basically, nobody’s buying Amy Coney Barrett’s bullshit statement of apolitical duty and everyone has an agenda or bias anyways.

Had Joe Biden opted for a moderate justice then, would the path towards a more levelled Supreme Court be paved? It would be entirely naive to think so. Plus, he doesn’t have the luxury of experimenting since (again) they’re at a 6:3 disadvantage. Certainly though, it’s clear that the appointment of Brown has riled up conservatives who will paint her as ultra-liberal counterweight. And unless the current political discourse (as a whole) is tempered, we’re unlikely to see much change in the courts. Perhaps, Pete Buttigieg’s proposal of 15 justices (10 affiliated across both parties with 5 selected by them or something similar) would help dilute matters but it’d likely result in a bureaucratic mess too and given the popular perception of Washington as indecisive, one can’t imagine that playing out well.

Unfortunately, it may be a matter of simple expectations and hopes placed on the justices we have at present. Should Joe Biden add more, one can only imagine what a Republican president would do, in turn (even though they cheated with Gorusch and Barrett). Really, all he can do is try his best to get Brown through and maybe rally public support behind the values of his causes. Of course, then we go down the rabbit-hole of how liberal the Democrats should present themselves, among other things. And so we leave another article on another, nice ambiguous …

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November 3rd: What Lies In The Balance

November 3rd: What Lies In The Balance

In just over a week, Americans will cast their ballots and decide once and for all who has the grit and guts to lead their nation into the mid 2020s- Fat Don or Sleepy Joe. As well as that, they will also be voting on 1/3 of the Senate, all of Congress, district attorneys, and more. Basically, a lot is up for grabs. Now, I don’t want to simply state that this is the most important election of all time because people say that every election. But I do want to highlight what lies in the balance when Joe Biden says “the soul of the nation” is in question this year because he’s absolutely right on that count.

First of all, with regards the Senate and House of Representatives, plus other lower-scale governmental jobs, there is an ongoing tug of war between cultural liberalism and conservatism. This applies to policy, how forces such as the police are dispensed (i.e. Black Lives Matter), and even the attitudes propelled into the zeitgeist. Will they ratify the President’s assertion that law and order has never been more important or challenge the systemic models by which racism thrives? Will a calm tone be struck that attempts to offer compromise on these counts or will the flames of vitriol be stoked? Remember Trump is as much a symptom of the divisiveness of politics and increasingly entrenched cultural welfare as he is a perpetuator of it. Defeating him alone won’t restore faith in government. Many souls folded in his backing last election across the GOP.

Second of all, there’s the question of the Supreme Court. With Trump’s nominee Amy Coney Barrett at the forefront now, it may already be too late for the Democrats to do anything. Even in the case of a Blue sweep in November, a change in power wouldn’t occur until late January. On the other hand, perhaps there will be a chance to delay this and vindicate the process proposed by Republicans when Obama had a chance to nominate six months out from election (as opposed to a mere six weeks). You know, play fair?

Thirdly, there’s the honour of the electoral process at hand. With Trump already lambasting mail-in voting, a sinister suggestion hangs in the air that he may not accept the results of the election or perhaps will declare victory before some votes are accounted for. Indeed, the suspense could last a lot longer than a single night. We could be seeing the next Gore v. Bush and if it comes to the Supreme Court as it did in December 2000, God help us all.

To those who say, well he will have to leave if he loses, I would extend a message of warning. What exactly has this man done by the books so far? How many times should he have been foiled but managed to slip by? Do you even remember this year started with an impeachment? With Republicans gerrymandering districts for congressional advantage, I simply wouldn’t be surprised if the whole electoral process becomes mired in deceit and controversy. Even the Carter Centre is monitoring the US election now and usually, they keep an eye on the most corrupt governments in Africa. So, where exactly are the standards? Let’s stop being surprised all the time.

Lastly and most obviously- yes, the person in charge really does make a difference. In the past, I used to think speeches and rhetoric were not actually all that important to a president’s legacy; that that was fluff for the media and history books. I don’t feel that way anymore. Trump has changed America in many ways but the damage begun before he was even elected, when he descended that escalator in the summer of 2015 and made a speech referring to Mexicans as “rapists” pillaging the good nature of the US.

This is a president who’s refused to criticise white supremacy; whose campaign staff has colluded with Russia; who’s basically followed the 2nd act of The Interview, failing to finish the movie and realise he’s being groomed by the North Korean dictator; and who’s enflamed anti-Asian sentiment with his use of terms like “Kung Flu”. And of course, “grab them by the pussy”. All that, without even touching on his Twitter.

For all his faults and stammers, Joe Biden is a compassionate human being. He’s made mistakes with regards his support of Iraq and his handling of the Anita Hill trial in the early 90s, but I honestly believe he’s learned from them. And even if he doesn’t pass a single credible bill during his tenure as president, his election would mark a notable shift from an aggressive leadership to an empathic one. He’s lost close family members, including his first wife, in tragic circumstances and has learned lessons in life Trump can’t possibly relate to.

For those who would defend the President on the basis that nice men don’t necessarily get the job done, consider exactly what job this man has done and what job it is he should be doing. Leadership used to involve, whether you liked the leader or not, at least some measure of respect or dignity. It wasn’t all about postulating and being stubborn for the sake of strength of appearance. Compromise, whether you like it or not (and this applies to liberals as much as it does conservatives), has always been key to politics. It’s very rare that a great leader has been born out of iron-clad or extremist ideology. Tact and strategy is a far more valuable asset in a president than a hilarious Twitter account.

I can’t argue Joe Biden will be a great president but if elected, he will strike a conciliatory tone where it matters, take foreign policy seriously, put public health above “freedom” with the Coronavirus, and yes (cheesy as it may sound) “restore the soul of America”. For now, that’s more than enough.