Showing posts with label John Roberts. Show all posts
Showing posts with label John Roberts. Show all posts

Sunday, March 13, 2016

Danger Ahead: Trump Isn't the Only One Pivoting

The great pivot has begun.

Confident he has the Republican Party presidential nomination sewn up, Donald Trump has begun to moderate his positions to make his candidacy more attractive to establishment Republicans plus independent and Democratic voters who are a) ignorant, b) forgetful, c) forgiving, or d) just plain anti-Hillary.

That racist-, misogynist-, nativist-, fascist-sounding candidate of the last eight months? Oh, Trump would have you believe that character was just the opening gambit in a negotiation to become the next person to lay his hand on a bible and recite the oath of office administered by chief justice of the Supreme Court John Roberts, the same chief justice Trump has vilified as a “nightmare” and “disaster” for conservative values.

Trump says he is the best negotiator and this deal, to be successful, will truly require an artful play. But as much as The Donald may pivot to the center to modify his positions on building a wall and having Mexico pay for it, restricting entry into the country by all Muslims, rounding up and kicking out of the country 11 million illegal immigrants, and other extreme ideas including ordering the military to commit war crimes, Trump has miscalculated one vital aspect of his Mephistophelean plan.

Having unleashed the devil inside his followers, Trump is powerless to restrain the evil that resides in the hearts of the beastly mob. They’ve been riled up by cursing and gutter talk of mugging protesters, of bombing Muslims back to the Stone Age, of ridiculing political opponents not for objections to their ideas but rather because of their physical attributes. Trump has galvanized his acolytes to the point where they endanger the physical lives of protesters as well as our nation’s treasured right to peacefully protest.

So the grand pivot to the center has little chance of succeeding in this Internet age when everyone’s cell phone makes them, as Mitt Romney found out four years ago with his infamous 47% speech to what he thought was a sympathetic audience, an instant muckraker.

But there’s another pivot underway that is equally discomforting. It is the pivot of thoughtful Trump detractors who reason that Trump is not as bad as Ted Cruz and given the choice of the devil from New York or the devil from Texas, the former is more tolerable than the latter because of his unorthodoxy, because of his “New York values,” because he is known to compromise or, in his jargon, negotiate, and not be rigidly doctrinaire like Cruz.

Probe deeply into all the Republican candidates—those still running and those who have fallen away—and you will find, even inside teddy bear, hug-worthy John Kasich, extreme conservatives who believe in trickle down economics, who reject climate change reality, who care not for women’s health or their equal status, who would undermine the civil rights of minorities, and who believe the best foreign diplomacy is combat-based.

On the other hand, they believe inside Trump resides a man that can be controlled or at least reasoned with. He’s a businessman, as he often relates. He’s only after the best deal.


So they pivot their contempt for all things Trump. They don’t see, or don’t want to see, the parallel to what the intelligentsia and commerce-crowd believed in Germany in the early 1930s in their desire to see the Fatherland become great again. 

Friday, November 7, 2014

Supreme Court May Well Decide Next President. Again

History may be poised to repeat itself. For the second time in the last five presidential elections, the U.S. Supreme Court may well decide who will sit in the Oval Office.

The Court has accepted for review another challenge to the Affordable Care Act. The question before it—does the law permit federal government subsidies to the needy in states that do not have their own health exchange programs. In those states the federal government has stepped in to provide subsidies (http://www.nytimes.com/2014/11/08/us/politics/supreme-court-to-hear-new-challenge-to-health-law.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-news&WT.nav=top-news&_r=0). 

If the Supremes declare the subsidies to be illegal, Obamacare may tumble down from lack of sufficient funding. It also would mean millions would lose health care coverage. It’s pretty certain the four justices who voted against Obamacare two years ago would do so again, meaning Chief Justice John Roberts would be the deciding judge. Again.

If Roberts blocks the subsidies and the ACA ultimately succumbs to a Republican-led attack, universal health care once more would become a key campaign issue in 2016. As they have championed it for decades, Democrats, most prominently their presidential candidate, would benefit from such an outcome. 

Given a June 2015 court decision, Republicans would have just over a year to forge an acceptable alternative to a law that has extended health coverage to more Americans than at any other time in our history. That’s unlikely to transpire given the venomous reaction many conservatives have to such a program.

A negative decision and Republican antipathy toward a replacement ACA might also provide incentive to voters to elect more Democrats to the Senate and even possibly return the Dems to the majority in the House. 

It’s an intriguing state of affairs. Having injected itself into state election law in Florida and chosen George W. Bush over Al Gore in 2000, the Supreme Court may wind up influencing who gets elected to the White House in 2016. 


Ah, I’d love to be a fly on the wall in Democratic leadership meetings as they discuss what would be better for the party, and the country, come next June.

Sunday, April 15, 2012

Taxing Times

April 15. Taxes due. Well, this year because April 15 falls on a Sunday you have an extra day to file. Lots of people gnash their teeth at the idea of forking over money to the government, be it federal, state or municipal. I kind of take my father’s approach. He used to say he wouldn’t mind paying $100,000 in taxes as it would mean he’d have had a very good business year.

Of course, not everyone agrees with how government collects and spends our monies. One of the more tongue-in-cheek commentaries on the “fairness” of our federal tax system comes from Al Lewis who writes a column for the Wall Street Journal that appears every Sunday with our copy of the Westchester Journal News. Here’s a link to his thoughts, “Time to Pay Up, Chump”: http://online.wsj.com/article/SB10001424052702304356604577340051572237414.html?KEYWORDS=Al+Lewis


Florida Bound: Now that George Zimmerman has been arrested and charged with second-degree murder in the slaying of Trayvon Martin, will that be enough to quell the rage and outrage of this seemingly senseless killing, or will a conviction be the only thing that can cool racial tempers?

Trayvon’s mother said the family just wanted Zimmerman arrested so he could stand trial. Sybrina Fulton even said on television she thought the shooting was “an accident,” though she later refined her comments to mean the encounter between Trayvon and Zimmerman was accidental but became a case of the Neighborhood Watch captain profiling her black teenage son before killing him.

We have yet to hear Zimmerman’s account of the tragedy but I’d be truly surprised if he is convicted. He might not even have his case decided by a jury. A judge may well throw out the case based on Florida’s Stand Your Ground defense statute which allows deadly force if threatened. Dave Ross, a CBS News radio commentator, provided several examples last Thursday of first-degree murder charges dismissed by judges, including one where the alleged murderer, Michael Monahan, was 20 feet from his victims, yet claimed he felt threatened. Arrest, said Ross, doesn’t necessarily lead to trial. You can listen to Ross’s short commentary, "Will It Go to a Jury," by following this link: http://newyork.cbslocal.com/audio/888-dave-ross/

By the way, in case you’re wondering what the Stand Your Ground law says, here’s a salient portion of it: “A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”

The National Rifle Association casts the debate on the death of Trayvon Martin as a gun issue, a right to bear arms issue (http://www.nytimes.com/2012/04/15/us/nra-criticizes-trayvon-martin-media-coverage.html?_r=1). But would it have made a difference if Zimmerman had knifed Trayvon to death? The issue is Stand Your Ground, not gun control. Dave Ross gave an example of Greyston Garcia who used a knife after chasing a thief and then being attacked by the perpetrator. Apparently, pursuing someone and then being threatened is sufficient legal grounds in Florida to have a judge invoke a Stand Your Ground dismissal.

All of this brings out my dark humor side. Friday night over dinner with friends, I couldn’t stop talking about asking anyone I dislike or just want to tease if they would like to go to Florida with me. I’d knock them off in some secluded spot and claim a Stand Your Ground defense after placing a knife or gun in their hand. Actually, as Monahan's case revealed, those threatening you don't even have to be armed. Or close by. The sordid deed doesn’t have to take place in Florida. About two dozen states have similar Stand Your Ground statutes. Of course, I was only joking during dinner (aided by a large glass of chilled vodka). The real effect of all these laws is that one should never lose one’s temper anymore. You can never tell whether the person to whom you are directing your anger feels threatened and takes the ultimate defense, straight to your heart.


Mister Roberts: While we’re on the subject of judges, here’s an interesting fact. When President Franklin D. Roosevelt’s New Deal legislation encountered problems with the Supreme Court, and he considered “packing” it with more judges favorable to his thinking, the swing justice on many of the cases was Owen Roberts. Many of the decisions rested on interpretations of the Commerce Clause of the Constitution. How fascinating that the current Supreme Court led by Chief Justice John Roberts (no relation) must decide if the Commerce Clause gave Congress authority to pass the Affordable Care Act.


Charity Work: Is it time to start a charity for Levi Johnston? We’ll call it Condoms for Levi. If you haven’t heard, the former boyfriend of Bristol Palin has impregnated another girl, though this one’s mother probably won’t be running for higher office. http://m.nypost.com/p/pagesix/levi_johnston_pills_girlfriend_pregnancy_n19w4FVk1Zz95zAbYOWxIP


For the Birds: Some people have dogs to clean up leftovers. I have birds. Leftover Passover matzo and really hallucious-tasting Crispy O’s (a Passover kosher version of Cheerios) will become bird food now that the holiday is over. In case you haven’t figured it out, hallucious is a Yiddishism for vile or atrocious. But birds being the scavengers they are, I have no doubt they will eat away, as long as they don’t break their beaks on the hard as rock Crispy O’s.