Archive for the ‘Barack Obama’ Category

Romney Flip Flips Again, Chooses Biden as VP

Thursday, October 11th, 2012

As Bill Clinton said at the 2008 convention, “I love Joe Biden.”

All night, Biden hammered Ryan with his words and gestures and Ryan stuck to his talking points. While Obama seemed withdrawn in the face of Romney’s dazzling, primetime flip-flop to the center, Biden was prepared for Ryan to do the same and instead of retreating in incredulousness as this right-wing duo feigned outrage at their longstanding positions being accurately described, Biden took turns chuckling and looking aghast.

After that performance, I’m just waiting for Mitt’s next opportunistic flip flop as he announces his new VP pick, Joe Biden.

The Winklevoss Twins of Getting Bin Laden

Wednesday, May 11th, 2011

Why are we listening to the Bush administration officials anyway? They didn’t get Bin Laden. They’re like the Winklevoss Twins of getting Bin Laden. If you were the guys who were going to kill Bin Laden, you would have killed Bin Laden!

-Jon Stewart on last night’s Daily Show.

When Bin Laden was killed, many of my more right-wing friends were oddly silent. Rather than the relief I and so many others felt, they seemed discomfited — not by the tactics or legality or potential consequences of the action, but by a cognitive dissonance as they tried to reconcile their visceral dislike of Obama as anti-American and perhaps even sympathetic to terrorists and their approval of his actions. Then Rush Limbaugh gave them the defense mechanism they needed — and suddenly it became glaringly obvious to them that Obama was taking too much credit for the operation, that he had used first person pronouns way too much in the speech. (Though the words of the speech don’t bear that out.)

But worse than Limbaugh’s attempts to insulate his audience from that uncomfortable feeling of challenging their preconceptions about Obama are the former Bush administration officials’ attempts to take credit for themselves, using this triumph of American military force and intelligence to justify their subversion of both.

As outrageous as it sound, the contemporaneous record reflects that the Bush administration prioritized Saddam over Bin Laden shortly after 9/11 and was unwilling to provide the boots on the ground or even drones urgently requested by the CIA and Special Forces tracking Bin Laden in the aftermath. The Bush administration was unwilling to provide the Pakistani army the air transport they claimed they needed to move troops to the border to secure it even as the Bush administration relieved relied upon and trusted the Pakistani army to secure their wild and lawless border to cut off Bin Laden’s escape. Worse still, the “intelligence” provided by illegal, tortured confessions in contradiction of America’s long military and intelligence history were used to justify the Bush administration’s belief that Saddam and Bin Laden were working together on a WMD attack on America — and later, this same intelligence sources under torture, provided the basis for shutting down the team focused on finding Bin Laden, as they pretended he was a mere figurehead. (A logical bit of information to make up if you wanted an interrogation to end and you couldn’t give them the actionable intelligence to find Bin Laden they wanted.) It was this last bit of intelligence which the former Bush administration officials claim credit for being used to find Bin Laden:

Al-Libbi told interrogators that the courier would carry messages from bin Laden to the outside world only every two months or so. “I realized that bin Laden was not really running his organization. You can’t run an organization and have a courier who makes the rounds every two months,” Rodriguez says. “So I became convinced then that this was a person who was just a figurehead and was not calling the shots, the tactical shots, of the organization. So that was significant.”

And later that same year, the CIA shut down its dedicated hunt for OBL.

Obama, upon taking office, did not do anything incredible. What he did do was to apply some common sense that the panic-stricken and Iraq-obsessed Bush administration had missed — he re-focused the national security apparatus on destroying Al Qaeda and Bin Laden. That’s why drone attacks began to increase when he became president. That’s part of the reason why he surged troops into Afghanistan. That’s why — as a candidate — Obama promised that he would go into Pakistan after Bin Laden even if the Pakistanis did not sanction the operation. (This bit of common sense caused Hillary Clinton and John McCain to slam him for his position.) That’s why the Bin Laden operation was so carefully planned for, with every possible scenario gamed out — from scenarios where the Special Forces needed to fight their way out of Pakistan to teams ready to interrogate him.

There was certainly a great deal of luck involved — and if the Bush administration had been presented with the same opportunity to get Bin Laden, I’m sure they would have taken it. But surely it is not a coincidence that the administration that had higher priorities than finding Bin Laden let him slip through their fingers several times while the administration that focused the mighty resources of the United States military and intelligence apparatus on Al Qaeda and Bin Laden found the opportunity that had failed to present itself for seven long years under Bush’s leadership.

Leadership matters. It’s a little too late to take credit now.

In Response To Those Disturbed By Celebrating on the Death of Bin Laden

Tuesday, May 3rd, 2011

I mourn the loss of thousands of precious lives, but I will not rejoice in the death of one, not even an enemy. Returning hate for hate multiplies hate, adding deeper darkness to a night already devoid of stars. Darkness cannot drive out darkness: only light can do that. Hate cannot drive out hate: only love can do that. – Martin Luther King, Jr.

I started seeing this quote popping up in my Facebook feed last night. In response, let me say 2 things:

(1) It’s fake. Martin Luther King, Jr., didn’t say that. It’s loosely based on this quote.

(2) Do you remember your first time watching The Wizard of Oz as a kid? That feeling of elation in the moments after the witch melted and the munchkins and everyone else began to sing, “Ding dong, the witch is dead!”?

Whether rational or not, the figure of Osama Bin Laden — and our inability to find him — has loomed over our consciousness since September 11. His survival despite America’s might directed against him, despite the abhorrence of his crimes, suggested impotence and an inability to control events and affect our own fate. The knowledge that not only did he survive, but he continued to plan to kill and terrorize — that at any moment, some decision of his which we had no way of affecting could wreck the lives of thousands, even our own — loomed over us. But on May 1, 2011, order was restored and the villain taken down. And that is a catharsis worthy of storybooks.

Voices urging restraint and caution at such moments of national catharsis are good and worthy. Because moments of catharsis can be distorted — they can turn to ugly emotions. Wisdom counsels that we “Rejoice not when thine enemy falleth, and let not thine heart be glad when he is overthrown.”  It is unseemly to celebrate murder — and all too easy to demonize one’s enemies to justify resorting to violence. But as another wise man said,  “A foolish consistency is the hobgoblin of little minds.”

And it was Martin Luther King who said, “the arc of history is long but it bends towards justice” — and even as this prophet of non-violence may not have condoned it — in Bin Laden’s violent end by American hands, there was justice.

An evil man who claimed theological justification and technological means to murder millions; who inspired, authorized and directed the killing of thousands; who wanted women confined to a second-class status; who directed the killings of the vast majority of Muslims as unclean unbelievers — an evil man who murdered 3,000 souls on one fateful September morning — this Sunday, he was removed from this world.

And the world is better for it.

And for that, we should all celebrate.

[Image by Dan Nguyen @ New York City licensed under Creative Commons.]

Paul Ryan’s America

Monday, April 18th, 2011

 

Paul Ryan launched an attack on Barack Obama’s deficit speech last week — calling it “excessively partisan.”

Which is interesting considering his own approach to the budget deficit which he called “an existential threat to all we hold dear”: Balance the budget without offending a single Republican.

Over a year ago, I described the conundrum Republicans faced as the deficit they were fuming against was largely a result of policies that benefited their own constituencies. Those over 55 who were the only demographic group to vote Republican (even in the Democratic wave years of 2006 and 2008) benefited the most from the trillion dollars spend on Medicare and Social Security. Our military spending nearly matched the rest of the world’s combined — and if you include other national security spending — totaling another trillion. And then there were the various tax incentives and loopholes for big corporations adding up to another few hundred billion dollars. Further, Republicans were committed to not raising taxes on anyone — especially the richest.

Paul Ryan was faced with the unenviable task of squaring this circle. In an effort that nearly everyone described as “serious,” Ryan managed to put forth a plan with no prospect of passing at all — and one that managed to place the entire burden of balancing the budget on the backs of Democratic constituencies. The military was left alone. The base of the Republican party and driver of most of the debt — the elderly — was left alone. Corporations were rewarded with a lower tax rate with some vague talk of eliminating their enormous tax subsidies.

Though Ryan kept saying the pain of balancing the budget would be shared by everyone — his plan was really about cutting off support for those left behind in our society. The rich and elderly were rewarded — even as they accumulate more and more of the nation’s wealth; the middle class were mainly left alone; and the young and the poor were cut off.

That doesn’t sound like the path to a dynamic and prosperous society to me.

Paul Ryan’s future is one where my generation must be prepared to support our parents as they become the test subjects in the biggest social experiment in history: As Medicare becomes a voucher program growing at much lower than the rate of health care inflation, in the hopes that this will slow it down. Meanwhile, my generation must be saving more than any generation in history as we prepare to pay for our own medical costs.

Ryan’s plan is many things:  If taken seriously, it is an attack on all non-Republican constituencies. If implemented, it would be a grand ideological experiment that barely considers the lives of those it would affect which Republicans would normally call “social engineering.”

But most of all, the Ryan plan is (as Slate‘s John Dickerson said in Friday’s Political Gabfest), a “bold negotiating position.”

[Photo courtesy of Gage Skidmore licensed under Creative Commons.]

 

Right Wing Mythology

Sunday, March 27th, 2011

My normal tack — when seeing a political cartoon like this that is so clearly off-base — is to “Fact-Check” it.

For example, the cartoon might lead you to believe that there was no unemployment compensation in 1950 — but unemployment compensation began in in 1935.

It’s not clear under what program the rich banker is paying for the unhygienic poor man’s mortgage either now or then. Federal housing policy offers tax subsidies to anyone paying a mortgage — which means the man on the right probably receives a bigger subsidy.

The health care point is likewise odd. In the 1950s, there was no Medicaid for the very poor. But everyone who received health insurance from their employer received a tax subsidy [pdf] both then and now.

In terms of subsidizing car ownership — federal and state policies began encouraging car ownership in the 1950s — from zoning laws requiring large amounts of parking to bailouts given to the auto industry to the construction of the federal highway system. The artificially low price of gasoline is another subsidy — as the cost of pollution and of a foreign policy of ensuring stability in the Middle East is borne by the public at large and not factored into the price. As everyone pays for pollution cleanup and foreign policy, this is a redistribution of wealth from those who minimize their use of gas to those who use more than the average. However, the complaint of cartoonist seems to be a tax subsidy given to those who purchase hybrid cars that use less gasoline. Which — though significantly less than the various other subsidies — is apparently the real obscenity.

And of course, the biggest thing the cartoonist is missing between the man on the right in 1950 and the man on the right in 2010: In 1950, the top marginal tax rate was 91%. In 2010, it was 35%. And that 35% doesn’t include all of the tax subsidies that surely would be used to lower the rich man’s tax rate — from tax subsidies for his employer-provided health insurance to any interest on mortgages or student loans or the myriad of other exemptions someone with a good accountant can find. And of course any profits from investments would be taxed at a lower rate– of 15%. Which is why today, the billionaire Warren Buffett pays a lower percentage of his income in taxes than does his secretary.

All of this makes the cartoon all the more revealing — not of the facts, which it does not reflect — but of right-wing mythology. Why does the cartoonist choose 1950 — rather than a time such when his points would have been true such as 1920 or 1890? The answer is simply that no one wants to go back those eras. Those were periods of economic growth, but inherently unstable times — an instability created by the enormous inequality between the top-most and the bottom-most parts of society. Those periods of history are remembered for the top and the bottom. The 1950s though was the era of the great middle class — robust, strong, stable. In the contemporary conservative mythology, the era personifies the American values of family and hard work. Much of the conservative intelligensia’s opposition to the Civil Rights Movement, the anti-war movement, the sexual revolution, the feminist movement, and the gay rights movement of the 1960s and 1970s came because they saw these movements as a threat to the stability of this status quo.

But the right wing was supported by forces equally opposed to the status quo — who sought a change every bit as dramatic as the radicals of the 1960s sought. Rather than free love, they sought free trade and deregulation. Rather than rights for gays and women, they sought favors for the financial industry. Rather than civil rights for people, they sought corporate rights to influence the political process. Rather than the naive dream of destroying bigotry, they sought the more practical dream of destroying the labor unions.

Since these twin political revolutions, the stability and the strong middle class of the 1950s are remembered with fondness — by mythologists of both the left and right. The conservative argument used to be that radicalism of Civil Rights for women, blacks, gays, and other minorities was what caused the unraveling of this mythological utopia. It has now evolved to blaming the government for redistributing too much to the poor and holding back business with taxes and regulation. The only problem with this story is that the past 60 years have seen a government retreat — with regulations being repealed and failing to keep up with changing times, with taxes having been more than halved, with the rich getting more and more of the wealth and power in the country and the poor less and less.

Which is how you can get a political cartoon such as this — harking back to a flatly false view of an era lost that never was.

The use of propaganda to re-define the political landscape

Tuesday, May 25th, 2010

Daniel Larison:

During the last sixteen months we have heard endlessly about Obama’s alleged “betrayals” of his “moderate, pragmatic” campaign and his pursuit of a “radical left-wing agenda” in defiance of the preferences of the majority. Republicans have been making these charges quite often despite the obvious “centrist” governance the administration has offered so far. The purpose of these charges is not to describe political realities. The goal is to re-define the political landscape and set down markers for future elections, so that there are ready-made ideological explanations for what happens later. It is no accident that these complaints have usually been coming from supporters of defeated, deeply discredited parties that are opposed by more than half of their countrymen.

Health Care Reform: A Test of Whether the Country Could Tackle Its Most Vexing, Long-Term, Systematic Problems

Monday, May 24th, 2010

Jonathan Cohn’s piece in The New Republic on how health care reform was passed is an excellent read. One of the most telling anecdotes was the story of how internally divided the administration was regarding pursuing health care reform at the start. The political advisers — Rahm Emanuel and David Axelrod most prominently — favored avoiding the issue. And once significant push back was encountered, they favored abandoning comprehensive reform in favor of just tackling the problem of children without insurance. Of the prominent names in the White House who favored going forward through all these obstacles, the most famous and influential all opposed it. Save one — the one whose opinion mattered most. This particular passage probably best sums up the reason I saw health care reform as so essential:

Obama had come to view this debate as a proxy for the deepest, most systemic crises facing the country. It was a test, really: Could the country still solve its most vexing problems? If he abandoned comprehensive reform, he would be conceding that the United States was, on some level, ungovernable. Besides, several aides recall him saying, “I feel lucky.”

It’s only available in pieces currently to non-subscribers. But they’re releasing it in dribs and drabs to the rest: here’s Part OnePart Two, and Part Three. (Parts Four and Five have not yet been released.)

I have a feeling that when the retrospective histories of the Obama administration are written, the August-to-September 2009 period will be considered the turning point whereby Obama finally became comfortable in the office — and the moment the Obama administration began to gain some traction in making progress in this poisonous political environment — even against long-term systematic problems.

It was in this period that Obama made the Afghanistan policy his own — pushing back against the military forcefully even as he sided largely with their suggestions; and it was when Obama decided to go for health care reform even against a unified Republican opposition — and not just an easy bill, but one that went after the wrought issue of increasing health care spending.

This August-September period was when health care reform became about more than insuring millions of people — and instead became a test of whether or not Obama could break the hold of the idiocrats on our public conversation and make some small dent in tackling our systematic, long-term issues. It was tough; it was close; but the bill got done.

[Image not subject to copyright.]

How Lawless and Increasingly Violent is the Arizona-Mexico Border? Not Very.

Monday, May 17th, 2010

I’m impressed with Jake Tapper’s handling of This Week in the interim before Christiane Amanpour takes over in August. Tapper seems committed to widening the opinions voiced on the show from the typical “Beltway” crowd to some of those voices most influential in the Beltway who are critical of it. Which means bringing on Glenn Greenwald and Bill Maher. I’m still waiting on his bringing in some conservatives similarly positioned as “outsiders” while being very influential in the Beltway. Maher and Greenwald substantially influence our political conversation while never before being given the opportunity to intrude on the polite Sunday morning territory and confront the people they so regularly criticize. In the same spirit, Tapper has added a fact check component to his show — in which Politifact evaluates the truthfulness of factual claims made in his interviews. This is a huge improvement given the churning of misinformation that seems to be the main purpose some leaders use it for.

The quality of Tapper’s program was brought to mind watching this clip of Mike Murphy, a Republican political operative and frequent guest on Meet the Press. (For what it’s worth, Mike Murphy seems a genuinely likable guy and often, even a straight-shooter — and I don’t mean this as an attack on him personally.) If David Gregory allowed a fact checker to go over the claims of his guests, then perhaps the above-moment with the very inside-the-Beltway figure of Mike Murphy would not have happened. Because you see that moment was entirely fact-free. Entirely. Yet, Mike Murphy’s statement represents an oft-repeated “fact” in the opinion media — especially on the right. And it is driving the actual policy of the state of Arizona.

Let’s look at Mike Murphy’s claims and the facts:

It’s a lawless frontier because of the failure of the Obama administration to protect the American border. People are getting killed and murdered.  It has become really bad in Arizona.

Describing illegal immigration in partisan terms as a “failure of the Obama administration” seems best explained as a fudge rather than a blatant lie. It’s been an ongoing problem that as a nation we do not control our borders and maintain a law which cannot be enforced. Gregory interjects as Murphy is speaking, “This goes back before Obama, though, to be fair.” However, by stating such, Gregory seems to be conceding Murphy’s general point.

But look at the stats on this “People are getting killed and murdered” bit — which “has become really bad in Arizona,” according to Murphy, as he voices the “Conventional Wisdom” accepted by David Gregory as well. Yet there have been exactly four (4) murders along this supposedly lawless frontier in the past year. One of them generated thousands of headlines about the scourge of illegal immigration, the death of the rancher Robert Krentz. These anti-immigrant activists who talk casually of “People getting killed and murdered” (as if to double the impact of each homicide) — of the overall situation being “really bad” — even of, specifically, many ranchers being killed — always seem to point to this single example — Robert Krentz. I’ve seen no news story or other evidence linking more than this one death to border crossing. I’ve asked a number of people who have said this to point to some statistic — and instead I get the story of Robert Krentz, being exploited for politics. Remember: Arizona’s border is supposed to be the worst example of a lawless border and yet there is this single example which is always pointed to in order to justify the claim of plural murders — and even huge amounts of violence. I do not doubt there are other deaths along the border — perhaps on the Mexican side — of people trying to make the illegal crossing themselves and dying of thirst or other privation.

Mike Murphy follows this up by doubling down on his above false claim in an attempt to both place the blame for this historic problem on the Obama administration and make the case that Arizona’s very violent crime rate along the border is getting worse:

[I]t’s gotten, it’s gotten worse and worse.

To be fair to Murphy, one could consider that he means that any level of violence is bad — and that it is getting worse. So, let’s take this as a separate claim — that Murphy is instead claiming that violence along the border is increasing. CNN reported:

According to FBI statistics, violent crimes reported in Arizona dropped by nearly 1,500 reported incidents between 2005 and 2008. Reported property crimes also fell, from about 287,000 reported incidents to 279,000 in the same period. These decreases are accentuated by the fact that Arizona’s population grew by 600,000 between 2005 and 2008.

Let’s give Mike Murphy the benefit of the doubt and assume he meant that the overall problem of illegal immigration into Arizona has “gotten worse and worse” under the Obama administration. Homeland Security helpfully provides statistics on this which I have compiled into this chart:

This drop in illegal immigration isn’t due to any Bush, Obama, or local level actions. It’s due to the recession.

However, another consequence of a recession is a surge in anti-immigrant sentiment.

Which explains why Mike Murphy along with much of the Republican establishment is out there demagoguing illegal immigrants by making false claims about all these murders and violence: Because during times of economic trouble, people look to scapegoat someone for their troubles — and immigrants, especially illegal ones, get some of the blame.

But let’s stop with this pretense of “violent illegal immigrants.” That is the stuff of demagogues and prejudice as it simply is not based on facts.

Instead, let us acknowledge forthrightly that the excitement over this issue is being drive by cultural and economic resentment rather than “violence.”

Must-Reads of the Week: SWAT, Google’s News Plans, MTA Motto, Peanuts, Tea Party Feminism, Republican Pravda, Fiscal Hangover, New York’s Tyranny, Brooks on the Military, and Facebook Backlash

Friday, May 14th, 2010

1. SWAT antics. Radley Balko does some follow-up reporting on the now infamous video of the SWAT team raid in Missouri in which 2 dogs were shot:

[D]espite all the anger the raid has inspired, the only thing unusual thing here is that the raid was captured on video, and that the video was subsequently released to the press. Everything else was routine… Raids just like the one captured in the video happen 100-150 times every day in America.

2. Google’s News Plans. James Fallows discusses how Google is trying to save the news industry.

3. If you see something… Manny Fernandez in the New York Times discusses the impact and coinage of the ubiquitous phrase, “If you see something, say something.”

It has since become a global phenomenon — the homeland security equivalent of the “Just Do It” Nike advertisement — and has appeared in public transportation systems in Oregon, Texas, Florida, Australia and Canada, among others. Locally, the phrase captured, with six simple words and one comma, the security consciousness and dread of the times, the “I ♥ NY” of post-9/11 New York City. [my emphasis]

4. Artful Grief. Bill Waterson — creator of Calvin & Hobbes — reviewed a biography of Charles Schultz for the Wall Street Journal a few years ago — writing on the ‘Grief’ that Made Peanuts Good. It’s several years old but well worth reading.

5. Tea Party Feminism. Hanna Rosin of Slate evaluates the Tea Party as a feminist movement. And her reporting surprised me at least.

6. Republican Pravda. Jonathan Chait collects a few Weekly Standard covers to illustrate the changing right-wing portrayal of Obama over the past year. He identifies the passage of the health care bill as a turning point:

Now that Obama has won his biggest legislative priority and is closing in on at least one other important win, the tone is change. The hapless patsy has become the snarling bully. The lack of Republican support for Obama’s agenda, once a credit to Republican tough-mindedness, is now blamed upon Obama’s stubbornness. Here is a recent cover of Obama–the nefarious, but powerful, overseer…

7. Fiscal Hangover. Gillian Tett of the Financial Times explains the successful approach the Irish are taking to their fiscal crisis: treat it like a hangover.

8. The Tyranny of New York. Conor Friedersdof complains about the tyranny of New York — but I will excerpt his praise:

Even if New York is a peerless American city, an urban triumph that dwarfs every other in scale, density, and possibility; even if our idea of it is the romantic notion that Joan Didion described, “the mysterious nexus of all love and money and power, the shining and perishable dream itself;” even if you’ve reveled in the fact of the city, strutting down Fifth Avenue in a sharp suit or kissing a date with the skyline as backdrop while the yellow cab waits; even if you’ve drunk from the well of its creative springs, gazing at the Flatiron Building, or paging through the New York Review of Books on a Sunday morning, or living vicariously through Joseph Mitchel or E.B. White or Tom Wolfe or any of its countless chroniclers; even if you love New York as much as I do, revering it as the highest physical achievement of Western Civilization, surely you can admit that its singularly prominent role on the national scene is a tremendously unhealthy pathology.

Despite the rent, the cold, the competition, the bedbugs, the absurd requirements for securing even a closet-sized pre-war apartment on an inconvenient street; the distance from friends and family, the starkness of the sexual marketplace, the oppressive stench of sticky subway platforms in the dog days of August; despite the hour long commutes on the Monday morning F Train, when it isn’t quite 8 am, the week hardly underway, and already you feel as though, for the relief of sitting down, you’d just as soon give up, go back to Akron or Allentown or Columbus or Marin County or Long Beach — despite these things, and so many more, lawyers and novelists and artists and fashion designers and playwrights and journalists and bankers and aspiring publishers and models flock to New York City.

I don’t quite get Friedersdof’s complaint to be honest. What would be improved if there were more sitcoms taking place in Houston?

9. Military Flow Chart. David Brooks analyzes the military’s adaptation of counterinsurgency as a case study in the flow of ideas in entrenched organizations.

10. Facebook Backlash. Ryan Singel of Wired has one of many pieces in the past week fomenting the growing Facebook backlash:

Facebook has gone rogue, drunk on founder Mark Zuckerberg’s dreams of world domination. It’s time the rest of the web ecosystem recognizes this and works to replace it with something open and distributed.

[Image by me.]

How the Supreme Court Nomination Process Rewards the Type of People Who Defer to Presidential Authority

Wednesday, May 12th, 2010

David Brooks did a great job today of describing the type of individual our current Supreme Court confirmation process tends to reward (to paraphrase):

A person whose career has dovetailed with the incentives presented by the confirmation system, a system that punishes creativity and rewards caginess, and who therefore we are forced to construct arguments based on speculation because they have been too careful to let their actual positions leak out.

Brooks locates this type of individual — as is his wont (see for eg. bobos) — in a general sociological group:

About a decade ago, one began to notice a profusion of Organization Kids at elite college campuses. These were bright students who had been formed by the meritocratic system placed in front of them. They had great grades, perfect teacher recommendations, broad extracurricular interests, admirable self-confidence and winning personalities.

If they had any flaw, it was that they often had a professional and strategic attitude toward life. They were not intellectual risk-takers. They regarded professors as bosses to be pleased rather than authorities to be challenged. As one admissions director told me at the time, they were prudential rather than poetic.

Brooks sees this as a flaw in his evaluation of Elena Kagan:

Kagan has apparently wanted to be a judge or justice since adolescence (she posed in judicial robes for her high school yearbook). There was a brief period, in her early 20s, when she expressed opinions on legal and political matters. But that seems to have ended pretty quickly…

But I was struck by the similarity of David Brooks’s evaluation of Elena Kagan now and Dahlia Lithwick’s evaluation of John Roberts when he was nominated:

I knew guys like [John Roberts] in college and at law school; we all knew guys like him. These were the guys who were certain, by age 19, that they couldn’t smoke pot, or date trampy girls, or throw up off the top of the school clock tower because it would impair their confirmation chances. They would have done all these things, but for the possibility of being carved out of the history books for it…

My sense that Roberts has been preparing for next month’s confirmation hearings his whole life was shored up by a glance at the new memos released by the Library of Congress yesterday. As early as 1985, Roberts was fretting about how federal government records disclosed to Congress before confirmation hearings could tank a nomination.

Roberts was widely seen to have been very “careful” and “cautious” throughout his life — intellectually and otherwise. Yet David Brooks had a different reaction to Roberts nomination:

Roberts nomination, how do I love thee? Let me count the ways.

Less important than this minor bit of hypocrisy (which Bill Scher for the Huffington Post mines for all it’s worth) – or perhaps partisan blindness — on the part of David Brooks (and haven’t we all been there?) — is the substance of his critique. Brooks never quite connects the dots — but seems on the verge of making a profound point.

There seems to be a connection between the personality type of Kagan and Roberts — the type of cautious, establishment-minded personality rewarded by our current nomination process — and the tendency of this type of person to defer to the highest authority figure in the American psyche, the President of the United States. In Roberts and Alito, we have 2 of Brooks’s Organization Kids who also happen to be 2 of the most pro-presidentialist Supreme Court justices in history. Though Kagan’s views on this aren’t clear — as she has made some comments indicating an expansive view of executive power only in the context of discussing the views of others — we do know that she felt the Bush administration went too far, unlike Roberts and Alito.

Though I would have preferred a justice more wary of executive power, for me personally, this concern is not enough to give me reason to oppose Kagan’s nomination and appointment. I do want to know more about Kagan’s views on this — to see whether and to what degree she conforms to Glenn Greenwald’s fears (which are, as it should go without saying regarding Greenwald, hyperbolic). Lawrence Lessig has pushed back convincingly against Greenwald on this issue — and of course, Greenwald responded by going ad hominem.

Both Greenwald’s and Brook’s critique ignores the structural element to this pick as neither addresses the degree to which our current confirmation process tends to reward cautious people whose public views are somewhat ambiguous but who are close enough to those in the executive branch that the President nominating them trusts them. The type of person who would meet these criteria would not tend to be the strongest supporters of the Court as a check on executive power. Even aside from the generational category of “Organization Kids,” this would tend to place people deferential to presidential authority into the Supreme Court.

—–

Also interesting: Ezra Klein posits a better analogue than John Roberts to understand the Kagan pick is Barack Obama himself:

When Obama announced Kagan’s nomination, he praised “her temperament, her openness to a broad array of viewpoints; her habit, to borrow a phrase from Justice Stevens, ‘of understanding before disagreeing’; her fair-mindedness and skill as a consensus-builder.” This sentence echoes countless assessments of Obama himself.

Obama is cool. He makes a show of processing the other side’s viewpoint. He’s more interested in the fruits of consensus than the clarification of conflict. In fact, just as Kagan is praised for giving conservative scholars a hearing at Harvard’s Law School, Obama was praised for giving conservative scholars a hearing on the Harvard Law Review. “The things that frustrate people about Obama will frustrate people about Kagan,” says one prominent Democrat who’s worked with both of them.

[Image by the Harvard Law Review licensed under Creative Commons.]