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Posts Tagged ‘George Bush’

This will be my column in Monday’s Gazette:

When presidents nominate new justices for the Supreme Court, people who care about courts project their hopes and fears onto judges most of them have never heard of.

From the special interests and from the extremes of our political spectrum, we hear caricatures about empathetic or activist judges. And we really don’t have a clue what the justice will do.

Here’s the truth: Presidents (as well as governors) nominate people for the Supreme Court who they believe will be good justices, interpreting and applying the law and the Constitution honestly. They also nominate people they hope will reflect their own political philosophy. They have a better track record on the first score than on the second.

I don’t know how Sonia Sotomayor will work out as a Supreme Court justice, presuming that she wins confirmation. And neither do all the liberals hoping she will be empathetic or all the conservatives who think that “identity politics” play a role in her selection but were irrelevant in the selection of the 108 white male justices who have preceded her to the court.

Do you suppose that when Gov. Terry Branstad appointed Marsha Ternus and Mark Cady to the Iowa Supreme Court that he anticipated someday Cady would write and Ternus would join a unanimous decision overturning Iowa’s ban on same-sex marriage? I think we can be sure he didn’t. He appointed them to interpret the Constitution and they did that faithfully.

Do you think that when liberal icon John F. Kennedy appointed Byron White to the court that he thought he would become one of the most conservative justices? Or that Republican Richard Nixon thought Harry Blackmun would be one of the most liberal?

I do know that lots of anti-abortion voters campaigned hard for Ronald Reagan and the elder George Bush, based on Republican platforms committed to appointing justices who would overturn the 1973 Roe v. Wade decision that legalized abortion. And by the time Roe came up for review by the court in the 1992 Planned Parenthood v. Casey case, Reagan and Bush had appointed five of the nine justices on the court. Add in the fact that the original two Roe dissenters, White and William Rehnquist, remained on the court and this looked like a 7-2 reversal of Roe.

But two Reagan appointees, Sandra Day O’Connor and Anthony Kennedy, and a Bush appointee, David Souter, joined in a 5-4 decision affirming Roe. Put simply, a majority of the Reagan-Bush appointees voted to uphold Roe, and if even one of them had voted the other way, it would have been overturned.  

Keep this in mind as you read and listen to the various projections of Sotomayor as a Supreme Court justice. The truth is that we never know and people from either end of the political spectrum who try to fan hopes and fears are doing so from speculation and ignorance.

Justices, like all people, change and grow through the years. However long a justice serves, we can count on two things: He or she will rule on some issues we can’t now anticipate and a justice at the Supreme Court level is not bound, as appellate justices are, to follow earlier rulings of the Supreme Court.

Presuming she is confirmed, Sotomayor is young enough that she probably will spend the next 20 years or more ruling on the laws of our land. If you know how she will rule on issues we can’t now anticipate, you are either truly wise or, more likely, truly foolish.

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Leaders at all levels are failing Cedar Rapids.

We need to get tough. We need to get mean. And we need to do it now.

I remember after last June’s floods, I got tired of all the e-mails I would receive, both from Iowans and from people outside the state, who found some sort of virtue in comparisons between gritty Iowans who weren’t begging for federal handouts and the pathetic people from New Orleans who did.

That was balderdash then and it’s way past balderdash now. The federal government and the state government have an obligation to help in disasters. Iowa leaders at the local, state and federal level need to be loud and insistent about meeting that obligation faster and stronger than anyone has so far.

This is no handout we need. No community can absorb a disaster without help. Iowans’ tax dollars have supported federal relief for disasters ranging from hurricanes to earthquakes to terrorist attacks. We shouldn’t be begging for a handout, but insisting on justice.

B.J. Smith of Cedar Rapids runs a pleasant blog called “Iowa Nice,” celebrating how nice this state is. That’s an admirable trait to our culture, but let’s not forget that Meredith Willson also described us in “The Music Man” as “Iowa stubborn.” We need to put Iowa Nice on the shelf for a while and turn Iowa Stubborn loose on Washington and Des Moines. Along with Iowa Furious and Iowa Indignant.

At the local level, we are leaderless. From the day the waters hit, people have been asking where Mayor Kay Halloran was. Some council members have been more prominent than she has in responding to the challenges of the flood. City Manager Jim Prosser is an administrator, but the city has no strong leader.  

The change in city government is no excuse. Leadership is not a function of structure but of the ability of the leaders and how they respond to challenges.

County supervisors are not in as strong a position as city officials to lead in this disaster response, but they certainly have enough power that someone could fill this vacuum.

Gov. Chet Culver and state legislative leaders sounded downright timid in their explanations about why the Legislature did not meet in special session last year to address this problem. They feared that making state money available would mess up our chances for federal aid. Or maybe a swift state response, accompanied by strong leadership demanding a swift federal response, would have underscored the urgency of the problem.

Instead, nearly eight months after the floods, the Legislature last week approved less than 1 percent of the need.

Senators Tom Harkin and Chuck Grassley have more than a half-century of experience combined in the U.S. Senate. What good is that experience if they can’t deliver better federal aid more swiftly than they have following the worst natural disaster in their state’s history?

President Barack Obama (and for that matter, President George W. Bush before him) got his launch to the White House from Iowa. Both of them visited flood zones and flood victims. Was that a photo opportunity rather than a call to action?

Editors normally don’t like it when their bosses get involved in community affairs. It makes us uneasy because people might think that involvement will skew our coverage. The Gazette Company CEO Chuck Peters joined a trip to lobby Department of Housing and Urban Development officials in Washington last month and Publisher Dave Storey will be in Washington this month to lobby with other Chamber of Commerce members.

That doesn’t bother me right now. I can deal with any conflicts and perceptions their involvement might create. Mostly I hope they get something accomplished. This leadership shouldn’t have to come from the business community. But it’s about time it came from somewhere.

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