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The Brawl about Kavanaugh

The confirmation hearings for Supreme Court nominee Brett Kavanaugh got off a to an unruly start on Tuesday. Judiciary committee chairman Sen. Chuck of Louisiana was just 13 words into his opening statement when he was interrupted on a point of order by California Sen. Kamala Harris, who request the hearing be postponed was met by loud cheers from an unruly group of Code Pink protestors, with Grassley ignoring them as he tapped his gavel and continued saying something or another.
Given what’s at stake for both sides of our increasingly angry political discourse, and who’s at work in the judiciary committee, we don’t expect things will get any friendlier. It’s most likely the whole hubbub will wind up with Kavanaugh getting confirmed by the committee’s Republican majority and then by the Republican majority in the full Senate, but the Democrats aren’t going to make it easy.
The Democrats can’t deny that Kavanaugh has all the Ivy League credentials and prestigious clerkships and the long experience of legal work in the executive branch and on the federal bench, and have to admit he seems a nice enough guy, but they don’t like the way he’s almost certain to vote several issues dear to their hearts. At this point they’re not holding out any hope that such hated-by-the-left decisions as Citizens United and Heller will be overturned anytime soon, but they can still wish for a Justice who would allow a few of the campaign finance regulations that Citizens United did away with and perhaps chip away at the individual right to gun ownership established by Heller. More importantly they have good reason to believe that Kavanaugh might be the fifth vote needed to overturn such beloved-by-the-left decisions as Roe v. Wade, which legalized most abortions, and Obergfell, which established a right  same-sex marriages, as well as all sorts of cases involving labor unions and environmental laws and other matters that all too often wound up being settled in the Supreme Court.
Although they’re out-voted until at least December, the Democrats do have a few things going for them. Opinion polls show that many of the ways Kavanaugh is almost certain to vote are widely unpopular with the general public, and only a slim plurality of 41 percent wants to see him confirmed. The Roe v Wade decision is lately enjoying a 63 percent approval rating, and although the Republican party has long vowed to overturn it some of the members are probably skittish about actually doing so. Kavanaugh was also nominated by President Donald Trump, whose latest poll numbers are back down in the high 30s, which provides the Democrats with a possibly persuasive talking point.
Between the “Russia thing” and the hush money payments to a porn star and a Playboy playmate and a suspicious family charitable foundation and the many unprecedented interactions between his still wholly-owned businesses the government Trump runs, Trump has more than the usual president’s share of legal woes. There’s a good chance that some or even all of it will wind up before the Supreme Court, and while Kavanaugh was working as a lawyer for President George W. Bush he had a very expansive view of presidential power, which shouldn’t give only Democrats pause. Trump has lately “tweeted” his view that the Justice Department shouldn’t indict popular Republicans, and Kavanaugh did once write that a sitting president cannot legally be investigated by anyone in the government, so we’ll expect some pointed questions in the coming days and hope for some pretty persuasive answers.
The Republicans also have some things going in their favor besides their slim Senate majority. Kavanaugh does indeed have the impeccable credentials, he comes across as a nicer guy than any of those unruly Code Pink types that the capitol cops kept hauling out of the room, and in most cases there’s sound legal reasoning behind even the decisions that his critics hate most. Once upon a time in America such credentials would win a quick and bipartisan decision, but that was long before Trump came along, and he hasn’t done much to restore civility.
Sound legal reasoning is too complicated for most busy Americans, and it’s easier to take sides on an issue based on how you feel about abortion or same sex marriage or owning a gun than to consider the underlying constitutional issues. For the politicians who are on the committee and will be starring on television for the rest of the week, it’s far easier to pander to those prejudged opinions. Among the players in this week long reality are at least two Democrats and two Republicans who are potential contenders for their party’s presidential nominations, and at least three are clearly eager to get high ratings.
The aforementioned Sen. Harris of California and New Jersey Sen. Corey Booker are clearly near the front of the line for the next Democratic nomination, and both did their best to take advantage of the airtime. Harris’ early point of order to call for a postponement was based on the legitimate gripe that Kavanaugh’s White House handlers had provided 42,000 pages of long-requested documents just hours before the hearings began, and we’re sure those Code Pink punks weren’t the only Democrats who appreciated her futile effort. Her opening statement was a familiar but fairly well-stated litany of all the instinctive reasons liberals will hate the way Kavanaugh is almost certain vote on so many issues dear to liberal hearts, and she well made the good points about what might happen if Trump winds up as a litigant before the Supreme Court. Booker’s turn at the cameras and microphones was even more conspicuously a campaign stump speech, invoking the holy liberal trinity of race, class and gender, and the former mayor of Newark even put in a pitch for the beleaguered farmers out here on the prairie states.
Both were a bit too over-the-top with the righteous liberal outrage shtick to our old-fashioned ears, but we can see them playing well with our more righteously outraged liberal friends.
One of the Republicans who valiantly rode to Kavanaugh’s defense was Texas Sen. Ted Cruz, and we think that the former national collegiate debate champion handled himself rather well. Cruz came in second in the latest Republican primary race to Trump, and having ended a bitter feud with his former rival he might be next in line in ’24, or even ’20 is those don’t turn out so well for Trump, but first he has to survive a surprisingly close reelection run against a young and telegenic and well-funded Democrat named Rep. Beto O’Rourke, so of course he relished the air time. Despite his aw-shucks Texas persona Cruz is a Harvard Law graduate, and couldn’t help complimenting Kavanaugh’s impeccable Ivy League credentials “even though you did go to Yale,” but then proceeded to make a more persuasive case for Trump’s nominee than Trump ever could, and even fit a clear explanation of originalist legal theory into his time.
Cruz is clearly eager to get Trump’s nominee confirmed, and Trump has lately “tweeted” that he’s seeking the biggest stadium in Texas to campaign for his loyal Senate soldier, but all the Democratic money is putting up billboards all over the state remind voters of earlier Trump “tweets” about “Lyin’ Ted” and his ugly wife and how Cruz’ father might have been in on the Kennedy assassination and how the Senator was “all talk and no action.” Next we expect all of the Cruz quotes about Trump being a narcissist and a pathological liar and intellectually and temperamentally and morally unfit for office, and although we expect Cruz to eventually win reelection in reliably Republican Texas we’re not surprised that the polls have it close.
If Trump doesn’t even make it to the ’20 race, which does not seem at all outside the realm of possibility, the young and telegenic Nebraska Sen. Ben Sasse will be well positioned to win the Republican nomination, and we thought he had the best turn at the camera. He rightly decried that Supreme Court confirmation hearings have been partisan brawls since at least President Ronald Reagan’s failed nomination of Robert Bork way back when we were young, and yearned for the “elegant and fair” process that confirmed justices who cases based on facts and law. Sasse made the case that Kavanaugh’s resume and work record suggest he will rule in the same time-honored way, and defended nice enough family guy’s character against the liberal slurs that are sure to come, and pleaded with his colleagues for a civil deliberation.
If Trump doesn’t make it to the ’20 election it will be because of the “Russia thing” or various shady business dealings or the Constitutions emolument clause or the 25th Amendment, or any number of things that might derive from that narcissism and pathological lying and general unfitness for office that Cruz used to talk about, and not because of his tax and deregulation policies of and the judicial policies that all the liberals hate. Sasse is the rare Republican who will openly criticize Trump for the crude disrespect for well-established traditions and the brazen corruption and crazy “tweets,” and as a farm state Senator he’s none too pleased with Trump’s trade wars, but on every traditional Republican thing Trump wants to do he’s been a reliable vote. As we say, this will leave him well positioned in a post-Trump race in ’20, if that should come to pass, which is not outside the realm of possibility.
Kavanaugh finally got an opening statement of his own, and we thought he did well enough. He made the familiar case for his originalist theory of legal interpretation, talked about his dad some and his mom a lot more, and talked about coaching his daughter’s basketball team, and how grateful he is to all the coaches had along the way. He noted the disproportionate-to-the-population number of law clerks who were female or of some ethnic minority, which took some of the wind out of the sails that both Harris and Booker had raised, and didn’t seem at all the type to poison the air or force back alley abortions or any of the other things he stands accused of.
All in all it was reassuringly bland, which we much prefer to the more common righteously outraged politics on both the left and the right these days, so unless the Democrats come up with some convincing evidence that Kavanaugh was nominated to rig the system in some upcoming Trump-related case, which is not entirely outside the realm of possibility, we’ll take that Sasse fellow’s word for it and give him the benefit of the doubt.

— Bud Norman

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For Kavanaugh, Because Why Not?

President Donald Trump has nominated federal appellate judge Brett Kavanaugh to replace retiring Justice Anthony Kennedy on the Supreme Court, which is a quite fine pick as far we’re concerned. That’s just our opinion, though, and we expect the rest of the country’s hearted arguments about it will last long after his inevitable confirmation.
Anyone that Trump or even a more normal Republican president might have nominated would have met outraged opposition from the left, of course, but in these strange days a certain portion of the right is also disappointed by the choice. Kavanaugh has a long record on the federal bench of deciding cases based on the objective facts and the most plain reading of the constitution that conservatives such as ourselves have always insisted on, but he only got the chance because he appointed to the federal bench by Republican President George W. Bush after exemplary service in the Bush Justice Department, and these days that certain majority portion of the Republican right has as much disdain for the Republican party prior to Trump that they have for the Democratic left.
There were reportedly even more provocative potential Supreme Court nominees among the semi-finalists and finalists in the reality-show roll-out of Kavanaugh’s appointment, but the left will surely still muster its full outrage about the appointment. The left has good reason to fear the Roe v. Wade decision legalizing will be overturned, the Obergefell v. Hodges decision legalizing same-sex marriage will be undermined by conscience exemptions for Christian baker and wedding photographers, and that the District of Columbia v. Heller decision affirming an individual’s right to keep and bear arms will be bolstered, and that Citizens United and Gore v. Bush and all the other decisions that so outraged leftist sensibilities will never be overturned.
None of which bothers us much. We rather like that Kavanaugh has a Bush pedigree, as we much preferred that era of the Republican party, and even the most “burn it down” sort of conservatives have to admit that any Supreme Court appointee  with any credible credentials that Trump might choose got his or her shot because of that hated pre-Trump Republican establishment. As for all those complaints from the left, we’d offer the same rebuttals on behalf of Trump’s nominee as we would for any old nominee any old Republican president might have picked.
Harvard’s notoriously contrarian Law Professor Alan Dershowitz hA lately a Trump apologist about the “Russia thing” but is now alarmed that the Supreme Court will find a constitutional right to life at the moment of conception and thus ban all abortions, as that is indeed the logical conclusion of right-to-life absolutism, and although much of the left is sounding the same alarms we think it’s overwrought. The far more likely outcome is that the Supreme Court will overturn Roe v. Wade, and thus return America to the day before’s law that each of the 50 states could regulate abortion as they chose, and although that that promises and insufferable debate and poses a damned complicated moral issue it’s a clear-cut political victory for the left.
The occasional same-sex marriage will likely continue to happen even with Kavanaugh on the Supreme Court, and with Kavanaugh on the Supreme Court ourt it will be more likely that the occasional bakers and photographers and others will decline to participate, but in both cases we can live with that. We somehow have a rather fancy handgun hidden somewhere in our home, and our plain reading of the Second Amemdment’s not-all-clear language assures us we have every right to do so, but our liberal friends can be reassured we have no intention to shoot them. As far as our ink-stained First Amendment sensibilities are concerned the Citizens United case was about the government’ attempts at prior restraint of a documentary critical of that awful Hillary Clinton woman, and even if there was corporate money involved we thought it a sound decision. That Gore v. Bush decision seemed sound to us at the time and still does, no matter how the current Republican party might hate anything with the word “Bush” in it, but by now even our most bitter liberal friends are largely over it and even pining for the good of days of Bush.
Long before Trump signed on with the Republican party we’d assured our liberal friends that a strict adherence to the Constitution doesn’t threaten liberal values, as the Constitution is still, even by modern standards, a radically liberal document. We like to to point the example of Justice Hugo Black, the ex-Ku Klux Klan leader that iconic Democratic President Franklin Roosevelt appointed in order to appease the white southern racists who were then a key component of the Democratic coalition, and who went on to be a hero of the Supreme Court’s civil rights revolution because yeah, that 14th amendment’s plain language made clear that even separate-but-equal discrimination wasn’t constitutionally permissible, even if the unrepentant racist still thought that it was a damned fool idea.
Even so, we don’t trust anybody these days. We note that Kavanaugh was first appointed by a Bush, and was long opposed by the left, and is now likely elevated to the Supreme Court by the newly reconfigured Trump Republican party, and we have to admit that until the last few days we’d never heard of Brett Kavanaugh. On the whole, though, we’ll pays our money and takes our chances on the guy.
Maybe it’s the impressive Ivy League academic records or the prestigious Bush-era appointments or the impeccable streak of rulings based on the the facts and the law, but Kavanaugh strikes us as the kind of guy who’d be reluctant to overturn that long-ago United States v. Nixon decision that compelled a president to cooperate with a investigation into his various alleged wrongdoings. During his acceptance speech on live television Kavanaugh had some embarrassingly fulsome praise for Trump’a deep and abiding respect for the judiciary — even prior highly-praised-by-the-right appointment Justice Neil Gorsuch admitted he was embarrassed by Trump’s frequent “tweeted” attacks on the judiciary — but once he no longer has to go along to get along we hold out hope a Justice Kavanaugh will confront Trump’s inevitable upcoming legal battles strictly according to the facts and a plain reading of the Constitution.

— Bud Norman

Watching Liberty Booed Off the Stage at Two Conventions

Despite our particular aversion to the whole “reality show” genre of television, and our general disdain of the entire medium altogether, we did make a point to log onto the internet Wednesday evening to watch and listen to C-Span’s coverage of Texas Sen. Ted Cruz’ address to the Republican National Convention. Our oddball tastes in entertainment include an affinity for political rhetoric, and Cruz is as good at it as anybody these days, and his address did prove a most fascinating episode. The Senator seemed to deliver a robustly persuasive argument against the presumptive and all-but-certain Democratic nominee, but he he only once mentioned the official Republican nominee by name, and at no point was there an unambiguous endorsement, so those who have been closely following the plot of this dreary tale are sure to have noticed some fascinating further ambiguities.
If you’ve been happily distracted from this dreary tale you need to understand that Sen. Cruz is better known to fans of the habitually lying official Republican nominee as “Lyin'” Ted Cruz, for reasons that have never been adequately explained, and that back when they were the last two contenders still vying for the nomination the now-official Republican nominee threatened to “spill the beans” on Cruz’ wife and “tweeted” out his gloat that she was uglier than the now-official Republican nominee’s plagiarizing-from-Michelle-Obama third super-model trophy wife, and claimed that Cruz was actually an oh-my-God punting-on-third-down Canadian and that his Cuban-born father had been in on the assassination of John F. Kennedy, based solely on the reporting of the official Republican nominee’s good friends at The National Enquirer, so the address was full of intriguing plot lines. There was a gracious and specific congratulation to the now-official Republican nominee who had shamelessly and ridiculously slandered Cruz’ wife and father and personal history, and a rousing denunciation of the undeniably awful presumptive and all-but-certain Democratic nominee, but in terms that don’t reflect well on the now-official Republican nominee.
His strikingly brief address quite persuasively made the case that the traditional Republican value of freedom of speech is at odds with a presumptive and all-but-certain Democratic nominee who would overturn the Citizens United ruling that people are free to criticize her, and generously neglected to mention that the official Republican nominee has promised that anyone who criticizes him will have “problems, such problems” should he win. He affirmed the right of homosexuals to pursue their preferences but stood up for the right of others not to be involved, without mentioning that both of America’s major parties now seem on board with more authoritarian post-sexual-revolution measures, and he spoke against open borders while also speaking well of the father who legally came to this country from communist Cuba and all the other legal immigrants who had nothing to do with the assassination of Kennedy. He spoke about giving parents a choice in educating their children, which neither party’s official or all-but-certain nominees ever mention, and the state’s rights on everything from marijuana to California-style taxation that also largely go unmentioned. All in all it was a stem-winding speech against the presumptive and all-but-certain Democratic nominee, but hardly a ringing endorsement of the now-official Republican nominee.

Which of course wound up with him being booed off the stage by the Republican National Convention. He ended by saying that “We will unite the country by standing together for shared values by standing for liberty,” and in this sorry virtual reality show that seems to define our actual reality that will get you booed off any of the available stages. We’d have preferred that he defended the honor of the one wife of his youth and the pro-American immigrant father who surely had nothing to do with the assassination of Kennedy, no matter what craziness the official Republican nominee’s friends at The National Enquirer concocted, and been more frank about the lies being told by both of the major party candidates, but at this point we’ll argue that “Lyin’ Ted” was at least more truthful than either of the official and all-but-certain major party nominees and made a stronger case against the presumptive and all-but-certain Democratic nominee than the now-official Republican nominee ever could, and we’ll hold out faint hope that next time around will be better.

— Bud Norman

Go Ahead and Hate the Press, but Keep Loving the Freedom of the Press

Freedom of the press has taken a beating over the past seven years and couple of months or so, and at the moment it doesn’t seem likely to fare any better over the next four years.
The Democratic Party has long shown a censorious streak, with both self-described socialist and Vermont Sen. Bernie Sanders and former First Lady and Senator and Secretary of State Hillary Clinton agreeing that the country must overturn the hated Citizens United decision that ruled the government can’t stop the airing of an anti-Clinton documentary, and academia writing Orwellian speech codes and carving out “safe spaces” from the free exchange of ideas, and the more robust activists calling for “some muscle” to expel the press the public square, and a news and media culture that shames anyone who expresses certain proscribed opinions. By now we’re used to it, and know from history that it comes as a necessary component of any admittedly socialist movement that would quash a number of other human rights, but until this year we’ve never heard a Republican candidate and self-described conservative openly boasting that if elected president he would use the powers of the presidency to punish his press critics.
That has happened, though, thanks to the always boastful self-proclaimed billionaire real-estate-and-gambling-and-professional-wrestling-and-reality-show-and-scam-university mogul Donald J. Trump, who is somehow at the moment the clear front-runner for the Republican nomination.
Speaking to a typically large and adoring crowd in Texas, Trump denounced entire media as the “most dishonest people I ever met,” sneered at The New York Times as a “failing newspaper” and “most dishonest media outlets I’ve ever seen in my life,” and despite expressing his respect for Washington Post owner Jeff Bezos he said that “he wants political influence so that Amazon will benefit from it,” which is all standard Republican stump fare, and all fair enough, but of course he went further. Expounding on his seemingly impromptu rant, Trump said, “Believe me, if I become president, oh do they have problems. They’re going to have such problems.” After the crowd lustily cheered on this promise of retribution against press outlets for exercising their First Amendment right to publish something that did not serve the interests of Trump, he added that “One of the things I’m going to do, and this is only going to make it tougher for me, and I’ve never said this before, but one of things I’m going to do if I win, and I hope I do and we’re certainly leading, is I’m going to open up our libel laws so when they write purposely negative and horrible and false articles we can sue them and win lots of money. We’re going to open up those libel laws.”
All the Trump apologists who magically appear in the comments section below any article critical of their knight-in-white-armor-and-thin-and-orange-skin will note that the Times and Post are indeed awful publications, which we’ve already acknowledge is standard Republican stump fare and fair enough, and they’ll note how censorious the Democrats are, which is true but irrelevant, and some will even venture some criticisms of the Sullivan v. New York Times decision that has since 1964 defined the wide-open standards of public discourse, although any attempt to explain how a press is still free so long as it meets Trump’s notions of fairness and accuracy and positivity are obviously wrong. What matters, though, and what no Trump apologist can deny, is that their tough-talking truth-telling hero is loudly and unabashedly threatening that if elected his press critics are going to have problems, such problems. Their heroic Trump may have already freed the land from those social constraints of “political correctness” that said you couldn’t discuss illegal immigration or Islam or mock the handicapped or disparage American servicemen who endured wartime captivity or brag about all the married babes you’ve bagged,
With a darker shade of spray-tan and a pair of mirrored aviator glasses on him we could easily see Trump issuing the same sort of threat in that fictional banana republic that Woody Allen created for “Bananas,” but it’s harder to imagine this sort of thing happening in America. Previous presidents have had their legal confrontations with the press, but in the end they always accepted the rulings made by the Supreme Court according to plain understanding of the First Amendment, and all the Democrats are striving to overrule a Supreme Court ruling similarly rendered so that they can exercise prior restraint on any documentaries or articles or artworks critical of Hillary Clinton, but at least they have the decency to pretend that it’s because of those awful Koch brothers and some vast right-wing conspiracy that’s supposedly intent on curtailing free speech. Trump comes right out and says he wants to use the government to silence his critics, eliciting great cheers from his adoring crowds, and after his poll numbers improve we expect Clinton will figure that she will soon make the same appalling promise to her adoring crowds.
Although we’re not fans of The New York Times, despite having several good friends there long argued with, nor The Washington Post, where we don’t know anybody, we do remain great fans of the idea that people should be able to publish whatever they have to say regardless of whether the current occupant of the White House likes it or not. We’ve long availed ourselves of this right, especially through the past seven years and a couple of months or so, and we intend to continue doing so for as long as almighty God, and not the almighty government, grants us. It won’t just be The New York Times and The Washington Post that have problems, such problems in the coming years, regardless of how this implausible election turns out, but one way or another we’ll persist in speaking our minds. If Trump wants to sue us, as is his wont, well, go right ahead, but he and all his high-priced lawyers should know that we possess nothing he can take from us that is so precious as our God-given right to say that he’s a bullying blowhard con artist who will do this country do no good.

— Bud Norman

A Transgendered Heckle

The same Greece that was once the Cradle of Democracy is about to go bust, American troops are moving into eastern Europe as if the ’80s were calling and they wanted their foreign policy back, and the Republicans seem intent on entrusting President Barack Obama with the power to negotiate a top-secret trade deal with Asia that will allow all sorts of environmental and immigration shenanigans, but the story that caught our eye was the one about a transgendered illegal immigrant heckling a presidential speech. So far as we can determine this is the first time in the history of the republic that any president has ever been heckled by a transgendered illegal immigrant, so it seemed worth noting.
We’re not at all sure how Washington or Lincoln or Coolidge or either of the Roosevelts or any of the rest of those other archaic old white guys would have handled the situation, as it apparently never came up during their terms, but Obama responded with what strikes us as a very generous indulgence. He was addressing an “LGBT Pride” conference, the acronym referring to lesbian and gay and bisexual and transgendered persons, when a person identified as Jennicet Guttierrez started loudly shouting a demand to “release ‘LGBTQ’ immigrants from detention and stop all deportations.” The added “Q” stands for “questioning,” as we understand it, although we can’t pretend to understand what “questioning” means, except for a vague sense that it’s suppose to include those who can’t quite say what they’d wind up doing if they were stranded on a desert island or given a lengthy prison sentence or found themselves in some other unusual sexual circumstance. At any rate, Obama politely implored the heckler to restrain himself or herself, whichever the case may be, and quite reasonably asserted that such behavior was impolite for an invited guest to the East Room of the White House, which he presumptively referred to as “my house.” When the heckler persisted in his or her heckling, Obama at last had his sizable security contingent remove him or her from the premises, although so far as we can glean from the press reports Obama did not have him or her removed from the country, as the law would require.
Apparently there are some 75 transgendered illegal immigrants currently being detained in America, a surprisingly large number given the famously macho cultures from which most illegal immigrants come, but even so Mr. or Mrs. or Ms. Guttierrez seems to have little cause for heckling. The president has been far more indulgent toward illegal immigrants than we would prefer, or what we believe the plainly written laws would permit, and the fact that he had invited a collection of Ls and Gs and Bs and Ts to the White House, even if he did neglect to invite all those more countless Qs, suggests that he’s more or less au courant on the latest sexual fashions. Why transgendered illegal immigrants should enjoy preferential treatment over the more traditional sorts was not explained in the heckling, and neither did the heckling make a reasoned argument that America should stop enforcing its borders. Even the rest of the assembled Ls and Gs and Bs and Ts, and presumably those Qs who also somehow snuck in, helped to shout down the more au courant heckler.
The crowd’s response was probably heartening to the president, who for some reason endures more heckling from the left than the right. Except for that State of the Union address when some little-known Republican shouted “You lie” during a line about how Obamacare won’t cover illegal immigrants, which has since turned out to be an entirely accurate heckle, or Chief Justice Roberts’ silently mouthed protestation of “not true” after Obama’s verifiably not true description of the Citizen’s United decision, all of the heckling during his speeches has come from the pacifist Code Pink group or the anti-free trade labor groups or some other faction that finds him insufficiently liberal. He used to be heckled by pro-illegal immigration groups that demanded he allow open borders by executive action, and he used to try to politely quell the dissent by explaining that he had no constitutional authority to do so, but apparently there has since been some change in the Constitution that no longer makes this necessary.
Greece’s descent into bankruptcy and the revival of the Cold War and that awful free trade bill that the Republicans are signing on to are probably more important matters, but at a time when transgendered illegal immigrants are heckling the president they seem all the more unlikely to come to any happy conclusion.

— Bud Norman

Insanity in the Heartland

Politics here in Kansas is now so screwy that the Democrats are in court pleading they shouldn’t be forced to field a candidate for Senate and the Republican nominee is lagging in the polls. The explanation for this otherwise inexplicable turn of events is a self-described “independent” candidate offering the usual pablum about bipartisanship and practical solutions, an entrenched Republican incumbent who barely survived a primary challenge by a scandal-tainted neophyte because he’s considered too bipartisan and practical by the party’s base, and the gullibility of the average voter.
The self-described independent was once registered as a Democrat, once ran for the Senate as a Democrat, is now very careful not to deny that he will caucus with the Democrats, and to the carefully attuned ear he still sounds a lot like a Democrat, but it remains to be seen if a majority of this reliably Republican state will reach the obvious conclusion that he is a Democrat. On Thursday he came out for the Democrats’ proposal to re-write the First Amendment to restrict criticism of the Democratic Party, which is about as Democratic a policy as one can endorse, but even that might not make the necessary impression on those Kansans distracted by the upcoming basketball season.
One can only hope that the average Kansan, who is as least as apt to exercise his First Amendment rights as the citizen of any other state, will notice that putative independent Greg Orman, usually described in the Kansas press as a wealthy businessman from Johnson County, is on the record with his support of the odious amendment the to the constitution recently proposed by the Democrats that would allow for further federal regulation of spending on political speech. The amendment is touted as an antidote merely to the Supreme Court’s Citizens United ruling, which reasonably found that that prior restraint of an anti-Hillary Clinton movie was a gross violation of the the First Amendment, but its inevitable result is a regulatory regime that will restrict conservative opinions while allowing the liberal riposte. Orman’s endorsement of this outrage should convince any sensible Kansan of his Democratic tendencies, but we anxiously await the verdict on how many of our fellow Kansans are sensible.
That entrenched Republican incumbent, Sen. Pat Roberts, has an 86 percent lifetime rating from the American Conservative Union, which has spiked during the age of the locally unpopular President Barack Obama, and although that heretical 14 percent has alienated the party’s conservative base we hope they’ll notice that he’s been a stalwart defender of free speech. That Citiziens United decision involved money from the demonized Koch Brothers, who are a mainstay of the Kansas economy and have been forthrightly defended by Roberts on the Senate floor, and Roberts has been quite admirable in his defense of the decision of the principle of letting even the most targeted people express their opinions in the the public square.
Thus far the national Republican party seems aware of the danger that such a usually reliable state is in play, and we’re hopeful that Roberts will have the resources to make his convincing case to the people of his state. The state’s media won’t be much help, inclined as it is to present that radical constitutional amendment as an old-fashioned sunshine law that will reveal the nefarious money-bags greasing the system, but given the mood of the state we are hopeful that Orman will eventually be regarded as another Democrat and meet the usual Democrats’ fate. It’s a tricky race to handicap, though, and could go either way.
Kansas’ prognosticators seem split on how it might turn out. One school of thought holds that forcing the Democrats onto the ballot will split the anti-incumbent vote, while another posits that without an official Democratic candidate Ogman will be regarded as the de facto Democrat and suffer accordingly. Roberts’ reputation as a get-along Republican will cost him a few votes from the party faithful, but might pick up a few among those who buy into Orman’s happy talk about bipartisanship. We’ll be keeping our fingers cross that the party faithful recognize a censorious Democrat when they see one, that those with fantastical hopes of bipartisanship won’t mind Roberts’ occasional offenses against Republican orthodoxy, and that Kansas of all places doesn’t screw up the Republicans’ hopes of taking the Senate.

— Bud Norman

Polls, Politics, and Prioritizing Our Problems

All that “tranquility of the global community” the White House spokesman was recently boasting about dominated Thursday’s news, what with Israeli ground troops entering Gaza and a jet from the ill-fated Malaysian Airlines being shot down over Russian-occupied Ukraine, so it would have been easy to overlook an intriguing Gallup poll about what worries Americans most. The litany’s top top five doesn’t include the deteriorating international order, which should come as a relief to that insouciant White House spokesman, but neither does it include any good news for the Democrats.
Topping the list of most important problems is “immigration/illegal aliens,” which has shot up the charts since the recent invasion by unaccompanied minors from Central America, and the racist xenophobes of the Republican party are likely beneficiaries of the public’s concern. The Democrats and their media allies will have a hard time convincing anyone that the Republicans’ racism and xenophobia are what’s drawing tens of thousands of expensive illegal youngsters to the country, rather than the Democrats’ more compassionate and caring policy of holding out hope of amnesty and free stuff, and other polls indicate that most Americans are more inclined to the racist and xenophobic option of returning the invaders to their homelands.
Coming in a close second is the hodgepodge of “Dissatisfaction with government, Congress, politicians, poor leadership, corruption, Abuse of Power,” which is at least open to hopeful interpretations. The White House will prefer to read this as a righteous anger against those obstructionist Republicans in Congress who stubbornly refuse to rubber stamp the president’s agenda, but we expect that many respondents had in mind the Internal Revenue Service and Veterans Administration and National Security Agency scandals and any number of other problems that have more to do with the executive branch. Much of that dissatisfaction with Congress is caused by the Democrat-controlled Senate, too, and the Republicans in the other chamber don’t seem to have much power to abuse.
The “economy in general” comes in second and “unemployment, jobs” in third, and a sensible combination of these two would have probably come in first. The Democrats will argue that these problems could have been easily solved if only those darned Republicans had allowed them to rack up the national debt by a few more billion and add another million or so pages of regulations for the understaffed compliances offices of America’s corporations to comply with, but the Republicans should be able to get a few votes and a lot of laughs out of that.
“Poor healthcare, hospitals, high cost of health care” comes in fourth on the list, so the Republicans will have a head start on convincing the American public that Obamacare hasn’t solved all that. Despite an almost complete absence of news coverage, “federal budget deficit, federal” debt comes in at a surprisingly strong fifth place. The Democrats will boast that they’ve cut those deficits to less than the recent trillion dollar highs, even as they lambaste the Republicans for their stingy ways, but this far the public is not reassured. “Education, poor education, access” to education are the public’s sixth most pressing problem, and the teachers unions will need to spend a lot of dues money to convince any voters that they just need more funding and continued tenure and that federalized Common Core Curriculum to make things right at school. “Ethics, moral, religious, family decline” comes in eighth, and the party that would compel nuns to purchase contraceptives is not likely to appeal the people with those worries.
Democrats can take some hope in noting that “Poverty, hunger, homelessness” came in ninth, as these are the party’s traditional causes, but they’ll have to hope that nobody notices there’s more of all of them after six years of a Democratic presidency. It’s also good news for the Democrats that “foreign aid, focus overseas” barely made the top ten.
What’s missing from the top ten is also a problem for the Democrats. Only one percent of the poll’s respondents cited “race relations and racism” as the nation’s most pressing problem, and it’s probably a similar number who will take seriously the notion that racism is the sole reason for any dissatisfaction with the president. The Supreme Court’s Citizens United decision doesn’t rate any mention, even though it’s a staple of Democratic fund-raising and the Senate Democrats regard it as such a crisis that the First Amendment needs amending as a result. The Hobby Lobby decision is also unmentioned by any of the respondents, even though the Democrats are raising even more money with claims that it’s the first step toward the Republicans’ nefarious plot to subjugate women to bare feet and pregnancy. The even more nefarious plot by to Koch Brothers to do God only knows what was also overlooked, although that can cited by the fund-raising Democrats as further proof of how very ingeniously wicked is the conspiracy. We also note that income inequality and global warming and transgendered rights and all the other issues that seem to excite a certain sort of Democrat are not high on the list of what the general public is worried about.
We don’t have much regard for the general public, but is heartening to see that they have more sensible priorities than a certain sort of Democrat.

— Bud Norman

One of Our Aircraft is Missing

We freely admit that we haven’t the slightest idea what happened to that missing Malaysian airliner, but the rules of modern media apparently require that we offer some baseless theory about the matter. The best we can come up with is that those darned Koch brothers had something to do with it, and that they somehow landed it at the same tiny airport here in Wichita where that gigantic cargo plane accidentally landed a while back, and that the Citizens United decision has something do with it, so we’re going to go with that.
Although this is completely absurd, at least it is more plausible than a CNN anchor’s recent on-air speculation that the plane was swallowed by a black hole. Our theory also avoids the racist implications of the term “black hole,” which some people have actually griped about, and these days even the Washington Post will believe almost any fanciful conspiracy theory you can cook up about the Koch Brothers. We note that CNN’s constant coverage of the missing Malaysian airplane story and it’s blatantly racist speculating about it has been a ratings bonanza for the beleaguered network, so we can hope that our more politically-correct musings will have a similarly helpful effect on our traffic.
There has already been considerable media coverage about the media coverage of the missing Malaysian airliner, which will no doubt prompt some serious media coverage of the media coverage of the media coverage, but at the risk of being redundant we also have a theory about that. The more high-minded media critics have objected to the pointless theorizing in absence of any meaningful facts to be reported, and rightly so, but then they engage in their own fact-free theories about the motive. Ratings and ad revenues and a need to fill all that air time they aren’t devoting to the Internal Revenue Service scandal or the disintegration o the world order are all valid reasons, obviously enough, but we believe it’s mostly because deep down in their ink-stained souls journalists loathe admitting they don’t know what the hell is going on.
Aside from its prima facie plausibility, this theory is also bolstered by decades of experience with journalists. Our many years of journalism brought us into contact with hundreds of these people, and we can confidently generalize that by and large they are about the most cocksure bunch of know-it-alls you’ll ever have the misfortune to come across. Most truly believe that the people still look to them for the truth, and for that matter The Truth, and whenever they’re fresh out of the stuff they’re simply too embarrassed to admit it. Almost every editor of our experience has insisted on knowing even the unknowable, and such excuses as the votes haven’t been counted yet or they haven’t brought all the bodies out yet have always been found unacceptable. It’s a fateful hubris that has led to many a red-faced retraction, but it is bred in the journalistic bone.
The happy result of all of those restractions is that the public takes this nonsense less seriously, even as it tunes in ever-greater numbers for the sheer entertainment value, and one can only hope they note the absurdity of the rest of it.

— Bud Norman

Free Speech Blues

Being ever vigilant about the right to free speech, our eyes were drawn to two particular stories in the news this week.

One involves the veteran rock ‘n’ roll guitarist Ted Nugent, whose name ordinarily would not appear in this space. Although we still enjoy a recording of “Baby, Please Don’t Go” that he made way back in his days with the Amboy Dukes, a band whose performances at the Orpheum Theater in the early ‘70s left many of our classmates prematurely deaf, we’re not huge fans.

An avid outdoorsman and one of the few outspokenly conservative performers in the rock ‘n’ roll field, Nugent gave a rather fiery speech last weekend at a meeting of the National Rifle Association. In a long rant about the Obama administration, Nugent went so far as to say “We need to ride into that battlefield and chop their heads off,” and he predicted that he would soon be “dead or in jail” if Obama were re-elected.

There’s no denying that the language about chopping heads off was overwrought, as one might expect from the self-proclaimed “Motor City Wild Man,” but the prediction he offered seems a little less paranoid after Nugent received a visit from the Secret Service. No arrest was made nor any charges filed, and Nugent later described the interrogation as a “good, solid, professional meeting concluding that I have never made any threats of violence toward anyone,” but there’s still something unsettling about the news that an American citizen is forced to explain his public remarks to law enforcement officials. Perhaps it was just a hyper-sensitivity to threats on the part of the Secret Service, which is no doubt eager to demonstrate that it’s doing something other than consorting with prostitutes, but we suspect that if it had happened to one of the countless entertainers that made similarly outrageous statements during the Bush administration it would be considered a deliberate attempt to deter criticism.

Far more frightening was the speech given Thursday by Rep. Nancy Pelosi, leader of the House Democrats, wherein she endorsed amending the First Amendment to allow for regulation of political speech. Still fuming about the Citizens United decision that upheld the free speech rights of people who have joined together as corporations, Pelosi said her party has “a clear agenda in this regard: Disclose, reform the system reducing the role of money in campaigns, and amend the Constitution to rid it of this ability for special interests to use secret, unlimited, huge amounts of money flowing to campaigns.”

It might be assumed that Pelosi’s amendment to the First Amendment would not affect the free speech rights of such corporations as Hollywood movie studios, newspaper chains and broadcast networks, or any industry that can plausibly claim to be “green,” but that could change if they stop behaving properly according to the notions of the Democrats. We gladly support the right of corporations to state their case to the public as well as the public’s right to hear them, and are suspicious of any party that claims it can revive the economy while flouting its contempt for such businesses, but we also worry who might be next on the censors’ list. Every time some strip club, pornographer, or “performance artist” is in any way restrained, even if only by the public’s opprobrium, the left assures us that such a restraint will inevitably lead to the regulation of political speech, but when the left’s own leaders openly call for the regulation of political speech they never seem worried that it might lead to constraints on any other kind of free expression.

— Bud Norman