Tag Archives: Biden Administration

Hear Ye, Hear Ye…

For those of us desperate for any good news, any glimmer of hope that America might eventually emerge from the purgatory into which we’ve been plunged by the MAGA party, a newsletter from the Brennan Center recently offered that glimmer. (No link, sorry.)

On September 30, President Biden announced ten more federal court nominees, bringing the administration’s total number of nominees to 53. Biden also announced four nominees to serve on local D.C. courts.

Biden’s eighth slate of nominees includes two civil rights lawyers and three current or former public defenders. Several of the nominees, if confirmed, would also mark historic firsts: the first Asian American man on the Western District Court of Washington, the first Asian American woman on the Southern District Court of California, and the first Hispanic district court judge in Ohio.

According to CNN, more than 25% of Biden’s nominees to date are Black, 21% are Hispanic or Latino, and 23% are Asian American or Pacific Islanders. Close to 75% are women. In addition, 32% of Biden’s judicial nominees are former public defenders and 25% are civil rights lawyers.

Biden is confirming judges at a rate faster than any other president at this point in their term since Richard Nixon, according to Bloomberg Law. Sixteen of Biden’s judicial nominees have been confirmed so far.

I feared–and still fear–that Mitch McConnell and Donald Trump had ensured a generation in which the federal courts would be lost to principles of justice and equality. After all, they did manage to elevate a number of ideological and, frequently, demonstrably unqualified partisans to those courts. The Biden Administration is clearly aware of the need to ensure the ongoing integrity of the courts, and equally aware of the need to populate the bench with Americans who are both competent and representative of the country as a whole.

So–good news. I’ll take it.

Unfortunately, all the emerging reports about America’s courts are not as positive as that one. That same newsletter relayed the conclusions of an investigation by the Wall Street Journal that found 130 federal judges had violated U.S. law and judicial ethics by “overseeing court cases involving companies in which they or their family owned stock.”

The Journal reported that between 2010 and 2018, 129 federal district court judges and two federal appellate judges had failed to recuse themselves from 685 cases in which they or their families had a financial conflict, and that approximately two-thirds of the rulings subsequently favored the judges’ or their family’s financial interests.

One of the reasons for this country’s current angst is the public’s loss of trust in the institutions of American government. Trump certainly accelerated suspicion of government bureaucrats with his paranoia about the “deep state,” and he fed a wide variety of conspiracy theories, but much of the loss of trust preceded him. (My book, Distrust American Style, was published in 2009, and the phenomenon was anything but new.) Confidence in the administration hit an all-time low under Trump (and for good reason), but Congress has been utterly feckless for well over a decade.

The courts were, for a time, the holdout.

With McConnell’s success in remaking the Supreme Court into an instrument of partisanship, and four years of appointments of partisan hacks  (mostly White men) to the federal bench, those of us who’ve been paying attention lost hope that the courts would salvage constitutional principles–or at the very least, stem the tide.

I doubt that the Biden Administration has the political capital to do what very clearly needs to be done: either enlarge the Supreme Court or impose limits on Justices’ terms of service. Scholars of the judiciary have been advocating various mechanisms for expanding  the Court for years–far preceding McConnell’s mischief–for reasons of efficiency; they’ve also been advocating term limits in recognition of the fact that Justices live much longer than they used to. (Terms of 18 years, the usual recommendation, would probably be long enough to insulate Justices from political pressure– the original reason for lifetime appointments.)

In the absence of meaningful structural change, the nakedly partisan makeup of the Supreme Court is likely to keep trust in the courts low–leaving discontented citizens with nowhere to turn for redress of grievances.

Of course, speaking of “redress of grievances,” we might remind folks that there is this thing called the ballot box…

 

 

 

Will It Work?

I have previously made the point that solving our social and political animosities requires an accurate diagnosis of their causes–or at the very least, recognition of the elements of contemporary life that are feeding those animosities.

If, as many sociologists and political scientists believe, the roots of much contemporary discord can be found in the economic inequality that characterizes today’s U.S.–if that inequality provides the fertile soil for the racism and tribalism that are tearing us apart–then efforts to address economic insecurity should substantially ameliorate that discord. 

In one of her daily Letters from an American, Heather Cox Richardson assumes the accuracy of that diagnosis, and notes that the Biden Administration is pursuing policies that should  mitigate some of the worst of our current economic disparities:

Trump and his loyalists feed off Americans who have been dispossessed economically since the Reagan revolution that began in 1981 started the massive redistribution of wealth upward. Those disaffected people, slipping away from the secure middle-class life their parents lived, are the natural supporters of authoritarians who assure them their problems come not from the systems leaders have put in place, but rather from Black people, people of color, and feminist women.

President Joe Biden appears to be trying to combat this dangerous dynamic not by trying to peel disaffected Americans away from Trump and his party by arguing against the former president, but by reducing the pressure on those who support him.

A study from the Niskanen Center think tank shows that the expanded Child Tax Credit, which last month began to put up to $300 per child per month into the bank accounts of most U.S. households with children, will primarily benefit rural Americans and will give a disproportionately large relative boost to their local economies. According to the Washington Post’s Greg Sargent, “the…nine states that will gain the most per capita from the expanded child allowance are all red states.”

Other elements of administration policy should also be ameliorative: the infrastructure bill will bring high-speed internet to every household in the U.S.; it will also provide $3.5 billion intended to reduce energy costs for more than 700,000 low-income households.

Richardson is a historian, and history teaches us that economic distress has often provided an impetus for the surfacing of bigotries that folks are less likely to express in more prosperous times. A number of scholars, for example, have pointed to Germany’s runaway inflation–and national humiliation–in the wake of World War I as one reason for the country’s receptivity to Nazism and willingness to express long-simmering anti-Semitism, and more recent academic literature supports the thesis that that economic scarcity promotes racial animus. 

As an article in Time Magazine reported, numerous studies have demonstrated that economic scarcity influences how people treat those outside of their own social groups. (There is also a “chicken and egg” element to the relationship between economic anxiety and racism–a column in the Washington Post reported on one study that suggested racial resentment may be driving economic anxiety, not the other way around.)

Democrats often bewail the tendency of low-income voters to cast ballots “against their own interests”–a complaint that assumes (I believe incorrectly) that those interests are economic rather than cultural. A somewhat different but related question is whether a significant improvement in the economic situation of low-income Americans will “take the edge off” and moderate the expression of their cultural fears.

The Biden Administration’s policies will go a long way toward answering that question–and America’s future is riding on the result.

 

The People’s Business

The polarization that characterizes American politics these days begins with very different world-views–and very different beliefs about what government is and what it is for. Those differences used to exist within a “big tent” Republican Party, back when there were still a lot of perfectly sane Republicans. (I still remember those times; I told you I’m old…)

I still remember the telling difference between the rhetoric employed by Mayor Stephen Goldsmith, who liked to refer to citizens as “customers” of government, and the Hudnut Administration that preceded Goldsmith’s. I served in the Hudnut Administration, and although we didn’t borrow from business terminology, I think it’s fair to say that we considered citizens to be  shareholders, not customers.

We understood that citizens are the owners of the government enterprise.

So far, the Biden Administration has taken steps to do the people’s business, to reflect a belief that government should actively pursue the public good as reflected in the desires of a majority of its citizen-owners. As Heather Cox Richardson recently noted, Biden has refused to engage with the craziness and has instead acted on matters ordinary people care about.

Biden is using executive orders to undercut the partisanship that has ground Congress to a halt for the past several years. While Biden’s predecessor tended to use executive actions to implement quite unpopular policies, Biden is using them to implement policies that most Americans actually like but which could never make it through Congress, where Republicans hold power disproportionate to their actual popularity.

According to a roundup by polling site FiveThirtyEight, Biden’s executive actions cover issues that people want to see addressed. Eighty-three percent of Americans—including 64% of Republicans—support a prohibition on workplace discrimination over sexual identification, 77% (including 52% of Republicans) want the government to focus on racial equity, 75% want the government to require masks on federal property, and 68% like the continued suspension of federal student loan repayments. A majority of Americans also favor rejoining the World Health Organization and the Paris climate accords, and so on.

There is, of course, a limit to what can be accomplished by Executive Order. Biden has thus far shown an admirable intent to “stay in his lane”–to restrict his actions to those that can be defended as appropriate to the Executive Branch. But doing the people’s business–fulfilling the numerous needs and demands of government’s “owners”–will require action by Congress.

Congress, unfortunately, is massively dysfunctional.

The current debate in Congress about the filibuster illustrates that today’s partisan divide is between those who believe government is obliged to do the people’s business–to carry out the wishes of the owners of the enterprise– and those who quite clearly believe that their role is to prevent that business from being conducted (unless, of course, the business at hand involves a tax cut that will benefit their donors.)

The nation’s Founders contemplated a Congress that would engage in negotiation and compromise, and would then proceed to pass measures by a simple majority vote–not a super-majority. Today, thanks to the evolution of the filibuster over the years, it takes sixty votes to pass anything, no matter how innocuous.

Of course, the Founders also believed that the people we would elect to Congress would be “the best and brightest”–public-spirited, educated and reasonable men (yes, I know…) who would take their legislative responsibilities seriously. I wonder what they’d think of the gun-toting, conspiracy-believing wackos who are currently walking the halls of the Capitol and warning about fires started by Jewish space-lasers …

Not to get overly partisan here, but those lunatics are all Republicans…..and they have no concept of–or ability to do– “the people’s business.”