Thursday, December 13, 2012

The Courts: How Obama Dropped the Ball

In his novel King of the Jews, Leslie Epstein sets his story in the wartime ghetto of Lodz, Poland, where the Gestapo ruled through an appointed council of Jewish elders. Epstein, researching the book, tracked down the gallows humor of the time. In one such joke, told by a character in the novel, two Jews are facing a firing squad. The commandant asks if they would like blindfolds.  One of the condemned whispers to the other, “Don’t make trouble.”

“Don’t make trouble” could have been the credo of the first year of the Obama Administration. The White House calculated that if the president just extended the hand of conciliation to the Republicans, the opposition would reciprocate and together they would change the tone in Washington. This was the policy on everything from the stimulus to health reform to judicial nominations. It didn’t work out so well.

Now, spurred by the tailwind of a re-election victory and the realization that public opinion is on his side, President Obama has displayed a new toughness in his budget battle. He has declared that he won’t negotiate against himself, and the strategy is working. But the White House is still stuck in don’t-make-trouble mode on the crucial issue of judicial appointments, where the pace of nominations is only now catching up with that of Obama’s predecessors and the strategy for avoiding partisan confrontation gives Republicans something close to a veto over who is nominated.

Read on....

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