Commentary Magazine


Topic: Jan Crawford

RE: RE: Lawyers Should Cheer

I totally agree with Jennifer about Jan Crawford’s put down of the Obami for trying to make the Supreme Court a political issue. Perhaps they should remember that even FDR got his head handed to him when he tried to adjust the political balance on the Court in 1937. And that was just after the greatest presidential landslide in American history up to that time, when Roosevelt’s political capital was at its peak. (Memo to the Obama political team: your boss tied his all-time low today in the Rasmussen Daily Tracking Poll — minus 21.) The American people, it seems, just don’t like politicians — even great ones — mucking about with the Court.

I was also struck by what Robert Gibbs actually said: “What is troubling is that this decision opened the floodgates for corporations and special interests to pour money into elections — drowning out the voices of average Americans.” That simply is not true, as Justice Alito so eloquently and silently pointed out at the State of the Union speech.

And what is really troubling is that the President’s press secretary doesn’t seem to know what the Supreme Court does in the American system of government. It doesn’t decide cases on the basis of what it prefers (at least it’s not supposed to), as the political branches do, but on what it thinks the Constitution requires.  Does Gibbs really think the Court should have chucked the Constitution to do the Administration’s bidding?

Yeah, come to think of it, he probably does.

I totally agree with Jennifer about Jan Crawford’s put down of the Obami for trying to make the Supreme Court a political issue. Perhaps they should remember that even FDR got his head handed to him when he tried to adjust the political balance on the Court in 1937. And that was just after the greatest presidential landslide in American history up to that time, when Roosevelt’s political capital was at its peak. (Memo to the Obama political team: your boss tied his all-time low today in the Rasmussen Daily Tracking Poll — minus 21.) The American people, it seems, just don’t like politicians — even great ones — mucking about with the Court.

I was also struck by what Robert Gibbs actually said: “What is troubling is that this decision opened the floodgates for corporations and special interests to pour money into elections — drowning out the voices of average Americans.” That simply is not true, as Justice Alito so eloquently and silently pointed out at the State of the Union speech.

And what is really troubling is that the President’s press secretary doesn’t seem to know what the Supreme Court does in the American system of government. It doesn’t decide cases on the basis of what it prefers (at least it’s not supposed to), as the political branches do, but on what it thinks the Constitution requires.  Does Gibbs really think the Court should have chucked the Constitution to do the Administration’s bidding?

Yeah, come to think of it, he probably does.

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RE: Lawyers Should Cheer

Jan Crawford (h/t Glenn Reynolds), among the best of the mainstream media Supreme Court reporters, socks it to the White House for its juvenile insistence on getting the last word on its running spat with the Court. After Chief Justice John Roberts made the fine suggestion that the Court should abstain from the State of the Union, Robert Gibbs seemed to make Roberts’ point for him by replaying the president’s slap at the Court. (“What is troubling is that this decision opened the floodgates for corporations and special interests to pour money into elections – drowning out the voices of average Americans.”) Crawford thinks this is ridiculous:

But after Chief Justice John Roberts made some entirely reasonable remarks yesterday — and White House Press Secretary Robert Gibbs just had to respond — it’s now getting ridiculous. Whether the White House has a short-term or long-term strategy or no strategy at all, it’s flat-out absurd and ill-advised for the administration to think it should always have the last word. It’s like my 6-year-old: “I don’t LIKE your idea. I like MY idea.”

She continues:

This administration is going to have to be dealing with this Supreme Court for at least three more years, if not more. Its lawyers are going to have to appear before these justices to defend presidential initiatives or federal laws in case after case, big and small.

I’m not suggesting they won’t get a fair shake simply because the White House is trying to stick it to the conservative justices. George Bush repeatedly got slapped down by this Court, even though he never lashed out at the justices.

But at some point — and I’d say that point is now — the Obama Administration is working against its interests.

They’d do well to remember that on a lot of the issues they care about, the Supreme Court gets to decide. No matter how much they stomp their feet and shout, “I don’t LIKE your idea; I like MY idea,” the Supreme Court is going to get the last word.

This is par for the course at this White House. It’s the perpetual rat-tat-tat, the quintessential campaign quick-response mode. There is no respect for the Chief Justice or the Court as an institution, nor for the point the Chief Justice was making: that it’s unseemly for the Court to appear and to get dragged into partisan brawls. In their partisan vitriol, the Obami, of course, proved the Chief Justice’s case. But then, self-awareness was never the White House’s strong suit.

Jan Crawford (h/t Glenn Reynolds), among the best of the mainstream media Supreme Court reporters, socks it to the White House for its juvenile insistence on getting the last word on its running spat with the Court. After Chief Justice John Roberts made the fine suggestion that the Court should abstain from the State of the Union, Robert Gibbs seemed to make Roberts’ point for him by replaying the president’s slap at the Court. (“What is troubling is that this decision opened the floodgates for corporations and special interests to pour money into elections – drowning out the voices of average Americans.”) Crawford thinks this is ridiculous:

But after Chief Justice John Roberts made some entirely reasonable remarks yesterday — and White House Press Secretary Robert Gibbs just had to respond — it’s now getting ridiculous. Whether the White House has a short-term or long-term strategy or no strategy at all, it’s flat-out absurd and ill-advised for the administration to think it should always have the last word. It’s like my 6-year-old: “I don’t LIKE your idea. I like MY idea.”

She continues:

This administration is going to have to be dealing with this Supreme Court for at least three more years, if not more. Its lawyers are going to have to appear before these justices to defend presidential initiatives or federal laws in case after case, big and small.

I’m not suggesting they won’t get a fair shake simply because the White House is trying to stick it to the conservative justices. George Bush repeatedly got slapped down by this Court, even though he never lashed out at the justices.

But at some point — and I’d say that point is now — the Obama Administration is working against its interests.

They’d do well to remember that on a lot of the issues they care about, the Supreme Court gets to decide. No matter how much they stomp their feet and shout, “I don’t LIKE your idea; I like MY idea,” the Supreme Court is going to get the last word.

This is par for the course at this White House. It’s the perpetual rat-tat-tat, the quintessential campaign quick-response mode. There is no respect for the Chief Justice or the Court as an institution, nor for the point the Chief Justice was making: that it’s unseemly for the Court to appear and to get dragged into partisan brawls. In their partisan vitriol, the Obami, of course, proved the Chief Justice’s case. But then, self-awareness was never the White House’s strong suit.

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Face the Voters

On Face the Nation, there was some serious talk as to why the Christmas Day bombing is so perilous for the Obama team. It is not simply that once again Democrats may be perceived as weak on national security. There is a more basic issue now rumbling through not just conservative circles but also in the mainstream media: can these people be trusted to do much of anything? Jan Crawford took up the competency angle:

The reason that’s an issue for Obama is that it goes to the bigger question of the competency of his government and the trust that people have in that government. You look at polls. Polls show that the trust in government is an all time low. Domestically, obviously, stimulus plan hasn’t worked. Unemployment is high. And so now we have a situation where a terrorist can get on an airplane, seemingly could have  been caught if some officials had just done a basic Google search of the database. And the Homeland Security secretary is insisting the system worked.

Really, what have the Obami done well? Not the stimulus plan. Not crafting a popular and coherent health-care bill. And not instilling confidence that there are competent people who can, when bombarded with intelligence, put it together to prevent an attack or even craft a policy designed to extract information after an attack. But Bob Schieffer, not exactly a fire-breathing conservative, really laid into the Obami. The problem is not only competence but also trust. The Democrats are consumed with political spin even on national security. He notes that Janet Napolitano was getting hammered but explains that this is a symptom of a bigger issue:

But she was just following the modern bipartisan public relations template in this age of information management. First, play down the problem. Second, emphasize what did not go wrong. Assure us that those in charge are investigating, and most important, emphasize no one in any position of responsibility is at fault. It’s not lying. But it’s not exactly the whole truth, certainly not the whole story. All she left out was that part about asking us to respect the privacy of those involved. Oh, I’m sorry. I got the government spin mixed up with the Tiger spin. Here is the difference. Tiger can hire as many people as he wants to make his excuses. It maydo him no good but it’s his money to spend as he wishes. When government officials insult us with spin they’re doing it on our dime, which is supposed to be used to operate the government, not to hold news conferences to tell us what a fine job people on the public payroll are doing. As we learned during Katrina, self-serving spin at the first sign of crisis does not help the situation. It makes it worse. Because it makes it harder to believe anything the government says. Real security is built on trust in government. That requires truth, which should be the beginning of government presentations, not the fallback position.

Yowser. Now that’s a narrative that should concern the Obami. Unfortunately, one wonders if they know what to do with a problem not solvable by spin and attack-dog tactics. At some point you really have to govern. Sadly, that is not their strong suit.

On Face the Nation, there was some serious talk as to why the Christmas Day bombing is so perilous for the Obama team. It is not simply that once again Democrats may be perceived as weak on national security. There is a more basic issue now rumbling through not just conservative circles but also in the mainstream media: can these people be trusted to do much of anything? Jan Crawford took up the competency angle:

The reason that’s an issue for Obama is that it goes to the bigger question of the competency of his government and the trust that people have in that government. You look at polls. Polls show that the trust in government is an all time low. Domestically, obviously, stimulus plan hasn’t worked. Unemployment is high. And so now we have a situation where a terrorist can get on an airplane, seemingly could have  been caught if some officials had just done a basic Google search of the database. And the Homeland Security secretary is insisting the system worked.

Really, what have the Obami done well? Not the stimulus plan. Not crafting a popular and coherent health-care bill. And not instilling confidence that there are competent people who can, when bombarded with intelligence, put it together to prevent an attack or even craft a policy designed to extract information after an attack. But Bob Schieffer, not exactly a fire-breathing conservative, really laid into the Obami. The problem is not only competence but also trust. The Democrats are consumed with political spin even on national security. He notes that Janet Napolitano was getting hammered but explains that this is a symptom of a bigger issue:

But she was just following the modern bipartisan public relations template in this age of information management. First, play down the problem. Second, emphasize what did not go wrong. Assure us that those in charge are investigating, and most important, emphasize no one in any position of responsibility is at fault. It’s not lying. But it’s not exactly the whole truth, certainly not the whole story. All she left out was that part about asking us to respect the privacy of those involved. Oh, I’m sorry. I got the government spin mixed up with the Tiger spin. Here is the difference. Tiger can hire as many people as he wants to make his excuses. It maydo him no good but it’s his money to spend as he wishes. When government officials insult us with spin they’re doing it on our dime, which is supposed to be used to operate the government, not to hold news conferences to tell us what a fine job people on the public payroll are doing. As we learned during Katrina, self-serving spin at the first sign of crisis does not help the situation. It makes it worse. Because it makes it harder to believe anything the government says. Real security is built on trust in government. That requires truth, which should be the beginning of government presentations, not the fallback position.

Yowser. Now that’s a narrative that should concern the Obami. Unfortunately, one wonders if they know what to do with a problem not solvable by spin and attack-dog tactics. At some point you really have to govern. Sadly, that is not their strong suit.

Read Less




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