Did a hack conservative judge just lay the groundwork for the end of the filibuster? It’s very possible. At least, if the Supreme Court goes along—and if Democrats, as they should, fight back.
The road begins not with last week’s D.C. Circuit Court decision, which if upheld would knock out virtually all recess appointments, but with the Senate Republican plan that Brookings scholar Tom Mann has called “a modern form of nullification.” That was a scheme to prevent some government agencies—the National Labor Relations Board (NLRB), the new Consumer Finance Protection Bureau (CFPB), and others—from functioning by blockading any presidential appointments, using the filibuster to require 60 votes and then keeping the Republican Senate conference united against any nominee. In the case of the NLRB, blocking appointments would mean there was no quorum to do (any) business; leaving the CFPB leaderless would stop the agency from carrying out many of its responsibilities. In both cases, the effect was not only to undermine a Democratic president and Senate, but to bring Republicans something they might not have been able to achieve even if they controlled the White House and Congress: de facto repeal of legislation establishing government regulatory agencies.
Last November, Democrats seemed to be justified in believing that their party had won a victory of genuine significance. The ideological differences between Barack Obama and Mitt Romney were clear-cut, and Obama was re-elected. Despite the advantage that Republicans initially enjoyed in Senate races, Democrats increased their majority to 55, and that new majority is more liberal than the old one. In races for the House, more voters cast ballots for Democratic than for Republican candidates, though Republicans kept their majority thanks in large part to gerrymandered districts.
In early May, shortly after the peak of the GOP's war-on-women problem, the Obama campaign released a simple online infographic that inspired outrage from conservative commentators. Titled "The Life of Julia," the slideshow followed a hypothetical woman named Julia throughout various stages of her life in order to compare Obama's policies to the ones proposed by Mitt Romney. At age three, toddler Julia plays with a bead maze and enjoys the benefits of Head Start under Obama's America, while the infographic warns that Romney would cut Head Start by 20 percent. By age 27 the adult Julia is a web designer—a knowing wink to the young urban hipsterati loathed by conservatives—whose birth control is covered by her health insurance thanks to Obamacare's reforms, but would have lost those if Romney had his way.
At a meeting of the Military Leadership Diversity Commission in March 2010, someone asked then-Marine Corps Commandant James T. Conway whether it was possible for a woman to ever be promoted to his position. He had to think about it for a little bit. Not from the usual career path of "combat arms," he said, because those were closed to women; maybe a female pilot could be eligible. Then he added that he didn't think anything would change "because I don’t think our women want it to change."
Should the Supreme Court uphold it, last Friday’s decision by three Reagan-appointees to the D.C. Circuit Appellate Court appears at first glance to rejigger the balance of power between Congress and the president. The appellate justices struck down three recess appointments that President Obama had made to the five-member National Labor Relations Board during the break between the 2011 and 2012 sessions of Congress partly on the grounds that Congress wasn’t formally in recess, since one and sometimes two Republicans showed up to nominally keep it in session for the sole reason of denying Obama the right to recess appointments. Two of the three justices went further, ruling that the president can’t really make recess appointments at all.
On Friday, a three-judge panel on the D.C. Circuit Court of Appeals ruled that President Obama's recess appointments to the National Labor Relations Board—the U.S. agency charged with remedying unfair labor practices—were unconstitutional. The opinion—written by highly partisan Reagan appointee David Sentelle—would effectively remove the president's power to make any recess appointments at a time when counterbalances to an obstructionist Senate are more necessary than ever.
Apparently every Democrat automatically despises the troops, even when those Democrats once volunteered to serve in the armed forces. It's a trope Republicans have pulled out ever since the Nixon years. The Obama era--replete with drone strikes, Libyan intervention, and the death of Osama bin Laden—has robbed Republicans of a bit of their bluster. But on Saturday Ted Cruz, the newly elected U.S. Senator from Texas, breathed new life into the old smear when he tarred two highly decorated former veterans.
The consensus around debt reduction is beginning to crumble. Some straws in the wind are more careful attention to the actual numbers, as well as public conversions by such key players as Larry Summers and Peter Orszag, two former top aides to President Obama, who only yesterday were key members of the deflate-your-way-to-recovery club.
Summers wrote a piece in Wednesday’s Financial Timestitled “End the Damaging Obsession with the Budget Deficit,” pointing out that the more serious deficits were in jobs, wages, and infrastructure.
As I watched Barack Obama's speech yesterday, I couldn't help thinking of Ronald Reagan and what he has meant to conservatives since the day 32 years ago when he delivered his first inaugural address and said, "In this present crisis, government is not the solution to our problem. Government is the problem." Some have lamented the fact that no single line from Obama's speech stands to be repeated as often as that one. But could this speech, and the four years to follow, make Barack Obama into the Democrats' Reagan?
I don't necessarily mean that Obama will be treated with the kind of creepy fetishism Republicans treat Reagan. But the question is whether, like Reagan, Obama can define an era that continues even after he leaves office (in many ways, the Age of Reagan didn't end until January 2009), and give succor and guidance to his followers for years and even decades.
Every time during his first term that Barack Obama stumbled, had difficulty getting a piece of legislation passed, or got mired in the ugly realities of contemporary politics, conservatives could be counted on to say, "Ha! Where's your hope and change now, huh? Huh?" It's true that his 2008 campaign was an unusually idealistic one, both in its lofty rhetoric and in what it inspired in his supporters, so much so that the mundane realities of governing were bound to be disillusioning for many. As his second term begins, there's no question that Obama has learned a great deal. He understands Washington better, he understands Congress better, and he certainly understands the Republican party better. And that may just make for a more effective second term, despite all the obstacles in front of him.
Included in President Obama’s plan for reducing gun violence is an idea made famous, or infamous, by the National Rifle Association in its press conference following the massacre in Newtown, Connecticut. After railing against violence in movies and video games, NRA spokesperson Wayne LaPierre called on Congress “to act immediately to appropriate whatever is necessary to put armed police officers in every single school in this nation.”
President Barack Obama won a tactical victory on New Year’s weekend by forcing Republicans to raise taxes on the top 1 percent, but he has far bigger challenges to address—and so do progressives. The economy is still at risk of several more years of hidden depression, with a high level of unemployment and no wage growth. The initial budget deal, thanks to Obama’s post-election toughness on tax increases on the rich and pressure by unions and progressive organizations not to cut Social Security and Medicare, was better than it might have been. But still to come are debates over budget cuts, with Republicans having the leverage of an automatic $120 billion “sequester” for this fiscal year now postponed to early March, if Congress fails to legislate its own additional deficit reduction.
If you need proof that nothing short of a Soviet-style blockade along our Southern border will satisfy immigration hardliners, look no further than Mark Krikorian, executive director of the Center for Immigration Studies—a think tank that, as the Southern Poverty Law Center points out, "has never found any aspect of immigration it liked." Krikorian has previously used his space at the National Review Online to grouse about the "unnatural" pronunciation of Sonia Sotomayor's name and to suggest that the United States slough off Puerto Rico to end the "gravy train." Last week, he used it to denounce a recent Migration Policy Institute report showing the United States spends approximately $18 billion per year on immigration enforcement, which exceeds federal spending on all other federal criminal law-enforcement efforts combined.