Monthly Archives: May 2009

Divisive confirmations weren’t always the rule

scalia1It only seems as if every U.S. Supreme Court opening has always turned into a bitter partisan fight. As the New York Times’ Caucus blog reported that Sen. Pat Roberts, R-Kan., was the first senator to say he’d vote against confirming Sonia Sotomayor to the U.S. Supreme Court, it noted that “Justices John Paul Stevens, Antonin Scalia (in photo) and Anthony Kennedy, members of the court for more than two decades, were all confirmed unanimously.” Ditto former Justice Sandra Day O’Connor. The confirmation votes on other sitting justices: Chief Justice John Roberts, 78-22; Samuel Alito, 58-42; Clarence Thomas, 52-48; Ruth Bader Ginsburg, 97-3; Stephen Breyer, 87-9; and the now-retiring David Souter, 90-9.

Open thread 5/31

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What Kassebaum, Sebelius have in common

kassebaumTwo Kansans were among the “top five political daughters with the most influence” on the Stimulist Web site. Second on the list was former Kansas Sen. Nancy Landon Kassebaum Baker (in photo), whose dad was former Kansas governor and 1936 GOP presidential nominee Alf Landon. “The second-longest serving woman senator in U.S. history, Kassebaum should be remembered by every female politician to come,” blogged Carlos Watson. Third place went to Health and Human Services Secretary Kathleen Sebelius, whose father was Ohio’s governor before she was Kansas’ governor. Watson wrote: “Could she challenge Hillary in 2016 to become the first female president? That probably depends on her success with health care reform. If, after 60 years of failure, Sebelius can . . . lead the change that gets this health care thing to work, she might just get a shot at the big desk.” The rest of the top five? House Speaker Nancy Pelosi (first), the late Indian Prime Minister Indira Gandhi (fourth) and Kennedy clan member and California first lady Maria Shriver (fifth).

Good news on foster care

It’s encouraging that Youthville, which oversees foster care in this region of Kansas, has significantly fewer children in its system. From July 2008 through last month, Youthville had 294 children enter its system, compared with 539 kids from July 2007 through June 2008. That means more families are staying intact and Youthville has more time to try to help the kids who are in the system reunify with their families. One key reason for the drop is a 2007 initiative that started stationing social workers at the Wichita Children’s Home. This has allowed for more timely interventions that have helped keep kids out of foster care. Good job to all involved in this important work.

So they said

thornburghron1“I don’t know if it was clear to her. Judging from some of her actions, I don’t know if anything’s clear to her.” — Sen. Pat Roberts, R-Kan., asked if it was clear that House Speaker Nancy Pelosi knew about waterboarding

“I’ve never been the guy with the most money, never been the guy with the biggest name ID, but I’ve been the guy with the most friends.” — Secretary of State Ron Thornburgh (in photo), on his ability to beat Sen. Sam Brownback in the 2010 GOP primary for governor

“You don’t stop when you’re in the fourth and final phase, basically, of fixing your house.” — Sen. Jay Emler, R-Lindsborg, on the $285 million renovation of the Statehouse

Roberts still opposed to filibustering judicial nominations?

robertsmug9In arguing four years ago against Democrats filibustering President Bush’s judicial nominations, Sen. Pat Roberts, R-Kan., complained, “We are really changing the constitutional design of what it takes to basically nominate and approve any judge.” So does that mean that Roberts would oppose a GOP filibuster of President Obama’s Supreme Court nominee, Sonia Sotomayor? If not, Ari Rabin-Havt of the Media Matters Action Network argued, Roberts “will make it undeniably clear that he is happy to use the Constitution as a political prop.”

Open thread 5/30

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Pro-con on Sotomayor

APTOPIX Obama Supreme CourtAlthough Supreme Court nominee Sonia Sotomayor must withstand scrutiny from the Senate, barring some unlikely revelation of impropriety she should be confirmed expeditiously, in time to join the court for its fall term. Sotomayor satisfies President Obama’s criteria: experience, erudition and, as he put it, “a common touch and a sense of compassion, an understanding of how the world works and how ordinary people live.” Conservatives pounced on the empathy standard, arguing that it conflicted with a judge’s oath to “do equal right to the poor and to the rich.” But Obama’s point was that the court benefits when justices have a lived experience of the law rather than a more abstract appreciation for doctrine. Sotomayor’s experiences as a Hispanic raised in a housing project who went on to excel at Princeton and Yale don’t in themselves qualify her for the court. They do, however, complement her sterling credentials and equip her with perspectives that could illuminate legal issues that come before her. So does her experience as a trial judge, applying the often abstract rulings of the Supreme Court to particular cases. None of the eight justices she would join has comparable experience. — Los Angeles Times editorial

With his nomination of Judge Sonia Sotomayor for the U.S. Supreme Court, President Obama has abandoned all pretense of being a post-partisan president. While he may like to think of himself as a thoughtful moderate soaring above the issues that divide America, his actions reveal what hides under that hopeful lining. Presidents usually nominate judges that espouse their philosophy. So what does this nomination tell us about Obama’s true colors? Even the liberal establishment worries that Sotomayor tilts too far to the left. New Republic essayist Jeffrey Rosen reports that fellow liberals who have watched or worked with her closely “expressed questions about her temperament, her judicial craftsmanship, and . . . (they have said) she is ‘not that smart and kind of a bully on the bench.’” A suspiciously high number of her decisions have been overruled by higher courts. Wendy Long of the Judicial Confirmation Network said that record shows “she is far more of a liberal activist than even the current liberal activist Supreme Court.” Sotomayor seems to be the most radical person ever nominated for the high court. To continue to command public respect, the Senate will have to ask her some hard questions. The simplest one to ask will be the hardest one for her to answer: Given her statements against whites and males, can she be fair to all Americans? — Washington Times editorial

If you’d slap your father, you likely are a liberal

slapface“If you want to tell whether someone is conservative or liberal, what are a couple of completely nonpolitical questions that will give a good clue?” Nicholas Kristof wrote. “How’s this: Would you be willing to slap your father in the face, with his permission, as part of a comedy skit? And, second: Does it disgust you to touch the faucet in a public restroom? Studies suggest that conservatives are more often distressed by actions that seem disrespectful of authority, such as slapping Dad. Liberals don’t worry as long as Dad has given permission. Likewise, conservatives are more likely than liberals to sense contamination or perceive disgust.”
According to Kristof, “the upshot is that liberals and conservatives don’t just think differently, they also feel differently.”

Gore v. Bush attorneys joining forces to oppose gay marriage ban

Gay Marriage Federal“Eight and a half years after their epic partisan battle over the fate of the 2000 presidential election, the lawyers David Boies and Theodore B. Olson appeared on the same team on Wednesday as co-counsel in a federal lawsuit that has nothing to do with hanging chads, butterfly ballots or Electoral College votes,” the New York Times reported. Boies and Olson are challenging California’s ban on gay marriage, which the California Supreme Court upheld this week. The former rivals are arguing that Proposition 8 violates the federal Constitution’s guarantees of equal protection and due process.

Open thread 5/29

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Tiahrt doesn’t pick between Powell, Limbaugh

limbaugh7“I think both of them are Republicans,” Rep. Todd Tiahrt, R-Goddard, said when asked by The Eagle editorial board who better represents the GOP, former Secretary of State Colin Powell or talk-show host Rush Limbaugh. Tiahrt said both men have roles in the party and that the internal debate about the future of the GOP is healthy. “I think it is a good debate to have,” he said.

Late-night laughs

“North Korea tested another nuclear bomb. The fear is that North Korea will sell this nuclear weapon to some unstable, volatile world leader, you know, like Dick Cheney.” — Jay Leno

“President Obama had less than a one-hour warning of North Korea’s nuclear tests. Yeah. Well, that’s not bad when you realize he has absolutely no warning when Joe Biden’s going to go off.” — Leno

“President Barack Obama’s in Las Vegas. So, if things go well at the table, General Motors just might make it.” — Jimmy Fallon

Roberts: ‘No’ vote but no bigot

APTOPIX Obama Supreme CourtSen. Pat Roberts, R-Kan., isn’t reserving judgment on Supreme Court nominee Sonia Sotomayor. He’s a “no” vote now, just as he was in 1998 when she was confirmed to the federal appeals court. “I did not feel that she was appropriate on the appeals court,” Roberts told KCMO Radio in Kansas City. “Since that time she has made statements on the role of the appeals court that I think is improper and incorrect.”
He discounted Sotomayor’s ethnicity, gender and background as factors that should influence such a vote. Asked whether he risked being tagged as a “bigot” for opposing Sotomayor, who would be the first Hispanic justice and only the third woman to serve on the court, Roberts said: “I’m a Marine and nothin’ much scares me. That’s not going to be a consideration in my vote.”

20,000 carrying by 2010?

concealedgunJust as the Obama presidency has been a stimulus package for gun dealers, it has stepped up requests for concealed-carry permits in Kansas — to an average 45 per working day in 2009, compared with 23.6 per day in 2008 and 26.4 per day in 2007. “They are concerned about a lot of things and want to get a license before someone changes the law again,” Topeka concealed-carry instructor George Petersen told the Topeka Capital-Journal. So far, more than 4,000 of the 21,000 concealed-carry applicants to the Kansas Attorney General’s Office have been men ages 50 to 60, but six women older than 80 have sought permits. As of last week, the office had issued 19,100 licenses. That means the state is on track to have 20,000 concealed-carry permit holders by 2010.

Open thread 5/28

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Dollars to California for taking detainees?

jailbars2In the wake of the voters’ rejection of budget-balancing measures last week, California wants a federal loan guarantee to deal with its $24 billion deficit. Sunday on ABC’s “This Week,” columnist E.J. Dionne suggested an appealing deal: “California needs a bailout. And none of the states want the Gitmo prisoners. California agrees to take all of the prisoners, and then it gets its bailout.”
On CNN on Sunday, Sen. Barbara Boxer, D-Calif., was cold to the idea of California taking detainees. “We only have one max security prison in California and it’s, right now, overbooked,” Boxer said. House Speaker Nancy Pelosi, D-Calif., also has nixed reopening Alcatraz.
If California doesn’t work out, there is always Hardin, Mont., which has an empty prison and has volunteered to take the detainees — though the state’s two senators oppose the idea.

Be more generous, like the poor

Like the biblical account of the widow who gave “out of her poverty,” today’s poor are more generous than the rich. Americans in the lowest fifth of income levels gave 4.3 percent of their income to charity, compared with 2.1 percent for those in the highest fifth, according to a McClatchy analysis of 2007 data. Those with the second- and third-lowest income levels also gave a higher percent of their income to charities than the wealthiest Americans. The poor may be more generous because they are more likely than the wealthy to come in contact with and empathize with the needs of others. The poor also have a higher percentage of women and elderly and people who are religious, all of whom tend to be the most generous. It’s also noteworthy that, unlike the wealthy or middle class, the poor generally are unable to deduct their charitable contributions on their tax returns, because they don’t have enough itemized deductions. Yet as with the widow in the Bible, the poor rarely receive public praise or attention for their giving.

Thomas was also praised for his empathy

thomasclarence1Many conservative pundits are criticizing President Obama for valuing empathy in his highly qualified Supreme Court nominee, Sonia Sotomayor. But wanting a judge to understand the impact that rulings have on people isn’t new. President George H.W. Bush cited Clarence Thomas’ “great empathy” when announcing his nomination to the Supreme Court, Media Matters noted. And during his confirmation hearing, Thomas said that he believed he could “bring something different to the court,” in that he could “walk in the shoes of the people who are affected by what the court does.” At the time, GOP lawmakers praised this empathy. Sen. Kit Bond, R-Mo., said that Thomas’ “compassion and understanding of the impact that the Supreme Court has on the lives of average Americans” were just as important as his legal qualifications.

Options limited on North Korea

northkoreanuclearThough President Obama said Monday that the United States and its allies would “stand up” to North Korea, his options are limited, the New York Times reported. For the response to have a significant impact, China — which supplies about 90 percent of North Korea’s oil and 45 percent of its food — needs to go beyond the strong condemnation it issued Monday. The Clinton and Bush administrations were unsuccessful at getting China to put real pressure on North Korea. That’s because, according to Dan Blumenthal of the American Enterprise Institute and Robert Kagan of the Carnegie Endowment for International Peace, China “fears a unified, democratic, prosperous Korea allied with the United States” and “wants a puppet state in North Korea.”

Open thread 5/27

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Gates handling Cheney’s attacks on Obama with care

US Military Marines Gates PendletonAs a Bush administration holdover, Defense Secretary Robert Gates would seem to be in the crossfire of the Obama vs. Cheney skirmish over national security. It can’t help that President Obama flubbed Gates’ name last week, calling him “William Gates.” But Gates, a Wichita native and East High graduate who’ll speak at the school’s commencement tonight, is handling the issue with his usual candor and care, in a Wall Street Journal interview and otherwise.
On closing Guantanamo Bay prison and moving detainees to U.S. facilities, he decried the “fearmongering”: “If people begin to absorb the fact that we’ve got several dozen very dangerous terrorists in our jails right now . . . maybe a little greater perspective would be brought to the issue.”
On the military limiting its interrogations to techniques in the Army Field Manual: “We have as high a motive to get information that will prevent attacks on our soldiers as anybody does. . . . And yet we find the methods that we use are sufficient.”
Siding with Obama on security issues: “Having been in this business a long time, I think that you never can underestimate the power of American values.”

ACLU’s weapons are safer

President Obama has drawn flak from his left for his flip-flop on releasing more photos showing abusive interrogations of prisoners in U.S. custody in Iraq and Afghanistan. But the decision to withhold the photos was “absolutely correct,” declared Council on Foreign Relations president Richard Haass. “Far better to alienate the ACLU in Washington than to alienate people in Pakistan and Afghanistan,” Haass said. “When people in Washington get alienated, they write op-eds. When people in Pakistan get alienated, they plant IEDs and kill American soldiers.”
Still, many analysts predict that the administration will lose the court challenge and eventually be forced to release the photos.

It’s Sotomayor

Obama Supreme CourtPresident Obama has picked Sonia Sotomayor to join the U.S. Supreme Court, delivering on expectations that he’d name a woman and the court’s first Hispanic justice. It should please Republicans that she was first made a judge by President George H.W. Bush and that she once said: “I don’t believe we should bend the Constitution under any circumstance. It says what it says. We should do honor to it.” But it’s awkward that one of her decisions as an appellate judge may soon be overturned by the Supreme Court: the one siding with the city of New Haven, Conn., against white firefighters who believe they were discriminated against on a promotion exam. Given the sharp partisanship in Washington, D.C., it’s hard to believe the GOP won’t mount an ideological fight over Sotomayor’s confirmation.

Farmers could cash in on cap-and-trade

farmmoney2Roger Johnson, president of the National Farmers Union, noted during a visit to Wichita last week that a cap-and-trade emission system could be a boon to Kansas farmers if it allows them to sell emission credits. Farmers could reduce their emissions and earn credits by means such as no-till farming, precision fertilizing and burning methane gas created by manure, Johnson said.
Though one might not think so now, based on their strong opposition to cap-and-trade legislation, Kansas Sens. Sam Brownback and Pat Roberts have in the past been big backers of allowing farmers to earn and sell carbon credits. In 2001, Brownback sponsored a carbon-sequestration act in which farmers would earn credits for the amount of carbon their fields absorb. Roberts pushed for federal research on carbon sequestration and called on farmers to help combat global warming. “Let’s be part of the answer, not part of the problem,” he said in 2000.