Category: DC Life

Kagan’s Time to Shine.

“‘I am confident that she’s a solid, reliable modern Democrat…She’s not George McGovern or whoever the liberal left of the Democratic party would want, but the left of the Democratic party isn’t where the party is any more. She’s a good, solid Clinton-Obama Democrat.‘”

Well, that’s the trick, isn’t it? Particularly that she’ll be replacing the irreplaceable John Paul Stevens. In any case, President Obama has made his second pick for the Supreme Court, and it is his Solicitor General and former Harvard Law Dean Elena Kagan. “As solicitor general, Ms. Kagan has represented the government before the Supreme Court for the past year, but her own views are to a large extent a matter of supposition.“

Making the progressive case for Kagan: Larry Lessig, an old friend of hers: “The Kagan I know is a progressive…[T]he core of Kagan’s experience over the past two decades has been all about moving people of different beliefs to the position she believes is correct. Not by compromise, or caving, but by insight and strength. I’ve seen her flip the other side.” Lessig expounds on this coalition-builder argument here: “To hear the liberals talk about it, it sounds like they think we need a Thomas or Scalia of the Left…But nobody who understands the actual dynamics of the Supreme Court could actually believe that such a strategy would produce 5 votes.” (To which one must ask, really? Who’s gonna flip?)

Making the progressive case against Kagan: Salon‘s Glenn Greenwald: “[G]iven that there are so many excellent candidates who have a long, clear commitment to a progressive judicial philosophy, why would Obama possibly select someone who — at best — is a huge question mark?…I believe Kagan’s absolute silence over the past decade on the most intense Constitutional controversies speaks very poorly of her.” This was a follow-up from another piece, where he argued: “Kagan, from her time at Harvard, is renowned for accommodating and incorporating conservative views, the kind of ‘post-ideological’ attribute Obama finds so attractive.” Interestingly, this last part seems much the same argument Lessig’s making in her favor, with the valence changed.

(As an aside, this feud got a bit heated, with Greenwald deeming Lessig a liar and stooge. Having been on the wrong end of Greenwald’s wrath myself on the Citizens United case, Lessig’s rebuttal to this charge sounded all-too familiar: “Chill, Glenn. Dial down the outrage. Dial back the hyperbole. And stop calling those who applaud you liars…[Y]ou can make your point well enough without painting everyone else as liars or constitutional crazies.” True story.)

Anyway, speaking of Citizens United, since the President has explicitly said that decision is lousy law several times over, I presume he’s made sure Kagan is in agreement on that front. (He has, right?) And, as I said back during John Roberts’ nomination, my feeling is generally the president’s prerogative in choosing Supreme Court justices should be respected. (Can’t countenance Roberts’ lying, tho’.) So, if Kagan’s the president’s choice, I’m prepared to give her the benefit of the doubt and support the nomination.

But, quite frankly, I shouldn’t have to doubt (and here, the next two links are via Greenwald.) As the NYT editorial page well put it: “President Obama may know that his new nominee to the Supreme Court, Elena Kagan, shares his thinking on the multitude of issues that face the court and the nation, but the public knows nothing of the kind. Whether by ambitious design or by habit of mind, Ms. Kagan has spent decades carefully husbanding her thoughts and shielding her philosophy from view.“

So, sure, I guess it’s entirely possible Kagan is a secret superprogressive of the Leonard Cohen type. (“They sentenced me to 20 years of boredom, for trying to change the system from within.“) But there’s another explanation that’s more likely. And, loath as I am to agree with David Brooks, his column today echoes almost exactly what I was thinking:

“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. She has become a legal scholar without the interest scholars normally have in the contest of ideas. She’s shown relatively little interest in coming up with new theories or influencing public debate. Her publication record is scant and carefully nonideological…What we have is a person whose career has dovetailed with the incentives presented by the confirmation system, a system that punishes creativity and rewards caginess.“

That’s my rub too, and it dovetails with larger problems I have with DC political culture. More often than not, the people who tend to succeed here are the ones who keep their head down, play the DC game, stay resolutely non-ideological and unobtrusive in their opinions. never go out on a limb, never say or do anything that could hurt their bid to be a Big (or Bigger) Shot down the road. (Hence, the whole phenomenon of The Village.)The problem is, these plodding, risk-averse careerist types are exactly the type of people you don’t want making decisions in the end, because they will invariably lead to the plodding, risk-averse and too-often rudderless politics of the lowest common denominator.

I’m really hoping the future Justice Kagan isn’t another example of this troubling trend, because as I said when Stevens retired: “The Court needs a strong and unabashed liberal conscience right now. What it emphatically does not need is another centrist technocrat that will help push the Court ever further to the right” But, as Kurt Vonnegut put it in Mother Night, “We are what we pretend to be, so we must be careful about what we pretend to be.” And when someone spends decades being so careful and circumspect in the face of so many obvious injustices, both by recent administrations and in the world at large…well, I really have to wonder about their judgment.


Update: Having said all that, this recently unearthed 1996 internal campaign finance reform memo to Chief of Staff Leon Panetta, on which Kagan is one of six signers, suggests she is in fact on the right side of the campaign finance reform issue: “It is unfortunately true that almost any meaningful campaign finance reform proposal raises unconstitutional issues and will provoke legal challenge. This is inevitable in light of the Supreme Court’s view — which we believe to be mistaken in many cases — that money is speech and attempts to limit the influence of money on our political system therefore raises First Amendment problems. We think…the Court should reexamine its premise that the freedom of speech guaranteed by the First Amendment always entails a right to throw money at the political system.” So that’s a big check-mark in my book — Unfortunately, other Clinton-era memos are less promising.

Snowpocalypse Now.


Snowpocalypse last December was only the beginning. Now, it’s Snomageddon. (And unfortunately, I uncorked all my tauntaun jokes back in 2003.) Anyway, yeah, we in DC have taken a massive snow hit — at least 2 feet already — and it’s still coming down strong.

As you can see from the pics above and below, at least Berk‘s been having great fun with it, although he may feel differently if I take him to the 2pm Dupont shootout.


Update: It’s all fun and games until somebody bruises their brain. While the snowball fight was great fun (and a hearty gratz to New Awlins), slipping on the ice while walking Berk later that evening was less so. So I’ve been suffering a (hopefully) minor concussion since Saturday, which mainly means I’ve been lying on the couch with a headache, playing low-intensity xBox games like Lego Batman and Mass Effect while the snow falls. Only one night of nausea, fever, and other nasty symptoms, tho’, so hopefully by this point, I’m on the mend.

Back on the Grid.

So, after a deep-end immersion into the Capitol Hill throng (as you might expect, it’s been busy ’round these parts, particularly by grad student standards) and a slow but steady establishing of a new home base here in the Beltway (I’ve secured a dog-friendly 1BR apartment in downtown Dupont, done 99.44% of the unpacking, acclimated the sheltie, and made the requisite investment in Swedish modular infrastructure — hat-tip, IKEA), I think I’m about at the point where I can officially log back on the grid.

All of which is to say, tho’ I’m jumping the gun by a day here — the Comcast guys come tomorrow to wire the new pad, which should greatly facilitate posting — I expect normal updates at GitM should now resume. Hey y’all, good to be back.

Also, speaking of “the grid,” — and since I’m playing catch-up below with the big stories that have occurred over the past twenty days — I’d be remiss if I didn’t include — the Lebowskitron. So now you’re, uh, privy to the new s**t. (And I should get back to the remarks for the Little Lebowski Urban Achievers…)Update: Actually, it was all lies. Not back on the grid yet — hopefully next weekend. Comcast — a company which [a] all DC residents are basically captive to in terms of cable and [b] has notoriously terrible customer service — couldn’t set up my Internet over the weekend because my TV hasn’t arrived yet. (Nor, obviously, could they set up the cable box so that I could just plug-and-play when said TV arrives. That would be way too convenient.)

So, since the Comcast powers-that-be have posited the existence of a deep and unbreakable connection between having a screen to show a TV signal and the Internets, another week of relative quiet, I suspect. But back soon.

The District, Take Two.

A very happy 233rd Independence Day. So, some big news on the life front: It took quite a bit longer than I originally anticipated, but I’ve finally managed to buck the worrying trend out there and secure full-time remunerative employ. As such, tomorrow I drive back up to Washington DC — my home from 1997-2001 — to start work on Monday. (Berk will follow in a week or two, once I successfully navigate the apartment-hunting phase of the move and find a decent place that doesn’t discriminate against sheltie-americans.)

My job, in case y’all were wondering: I’m going back into full-time political speechwriting. More specifically, I will be working on the Hill, House side, as a “foot-soldier in the Obama revolution,” to borrow a frequent McCainism. And I hope and expect I’ll be getting a first-hand look at how the legislative sausage is made from the ground floor.

If you’re curious to know who exactly I’m working for, feel free to drop me an e-mail sometime. Why so coy about it? Don’t worry — it’s a Democrat! Still, after close to ten years of posting here at GitM, this feels like a good time to establish some modicum of healthy distance between my life and blog. If anybody’s still reading from my last DC tenure way back when, I acknowledged openly back then that I worked at the FCC, and it’s not like this became the go-to place for inside scuttlebutt on the AOL-TW merger or anything. (Nor, during my Carville stint, did I post about any work goings-on in this space either. I may not have been blogging per se in ’97 and ’98, but I was nevertheless writing here pretty often.)

But, in those days, the Internet was more of a Wild West frontier town, blogging was a relatively new fad — back then, it wasn’t “What do the bloggers think?!” but “Why are you bothering to post that stuff online?!” — and I think it was easier to get away with more. Now, I’m under no illusions that GitM has or ever will enjoy a large readership — In fact, in terms of visitors this site peaked probably five or six years ago. And, from the beginning, I’ve always been conscious that this is a public forum, and have tried to be relatively temperate in my posts accordingly. I think the archives here reflect pretty well on me, all in all, and I’m not really concerned about hiding anything. Even if somebody did make the effort for some ridiculous, unlikely reason, the worst headline a right-wing blogger type might come up with after perusing the past decade of posts is “Democratic Aide is Overgrown Boy, Won’t Shut Up about Lord of the Rings.“

But, obviously, I have been a partisan here over the years. And so, by establishing a little more distance between my blogging and working life, I hope it’ll emphasize the fact that both the ten years of posts already here, and the posts to come, reflect on me and me alone. As far as GitM goes in the future, I won’t be posting on my day-to-day business as always, and, as always, I’ll be erring far on the side of discretion in my choice of topics. Still, unless Congress suddenly takes a decisive stance on movie trailers, fanboy-to-film properties, random science and culture articles, and the occasional items of historical or progressive interest, I’m sure the usual content here won’t shift all that much.

Phew! Now that all the caveats are out of the way, let me say that I’m very happy to be both rejoining the ranks of the employed and returning to political speechwriting. (Yes, some aspects of DC life do rankle, but I have a lot of friends there, and it’s definitely a fun, interesting town.) To be honest, this is a career move I’ve been considering since I first set off for grad school in 2001, so my returning to the political fold on the other end of the PhD process (give or take a few months) feels like a natural and very satisfying progression to me. (The Ivory Tower isn’t losing much anyway, particularly given that the existence of academic jobs in this recession economy, as many poor souls out there can tell you, is proving to be almost entirely theoretical. Besides, over the long term, I don’t really see the academic and speechwriting paths as mutually exclusive anyway. And never say never — with any luck, I have a ways to go yet before the final bell tolls.)

At any rate, I’m off for a hopefully MacArthuresque return to DC. I expect updates here will be more sparse than usual over the next few weeks as I make the move and settle in. But, I’ll be back, in due course. Until then, a very happy July 4th to you and yours.

Hoop Dreams in the District.

“The games are fluid. There’s a good energy on the court. People talk on defense. When Salazar finally gets in, it’s obvious he is actually pretty athletic, and he has a lot of hustle. He’s not easy to cover. Someone yells, ‘Who’s got Secretary?’” By way of a college friend, ESPN looks at Pres. Obama’s “Power Game,” and the ensuing newfound popularity of hoops in DC. (Apparently, in the Big Game, they don’t call fouls, but rather chalk them up as “enhanced defensive techniques necessary to Keep Our Lane Safe.” [Rimshot] Thanks, I’ll be here all week, be sure to tip your waiters.)

Anyway, the last time I lived in DC it was generally pretty easy to find a court on a weekend — We usually set up shop on either end of Adams-Morgan (or later, after I moved to VA, right down by the King Street metro), and the other folks playing/waiting to play were locals of some variety, not just aspiring politicos. I did occasionally play in one “power game” of sorts back then, which involved a number of folks from a liberal-minded journal of some repute. It was probably the most Type-A athletic endeavor I’ve ever been involved in, and that’s coming from a guy who played high school sports in the South and spent four years among Ivy League rowers. With all due respect, I prefer the random pick-up games, I think.

The D.C. Rules.

Good morning all — I’m back in the Big Tent right now (fortunately, bloggers tend to be late risers, I guess, as electricity is easier to come by right now), sifting through some of the latest swag (breath mints advertising “clean” coal power, chocolate smoothies via HuffPo, C-Span coffee mugs, etc.) and generallly figuring out where to flit around today. There’s a lot going on upstairs, and they treat us very well in here, but, even despite all the free caffeine, etc., it feels a bit like being a caged exotic bird in this tent. Every so often politicos or celebrity journalists swing through, pat us on the head, and say “oooh, the bloggers!”, then disappear to wherever the real action is. In a way, we’re all just embedded in here, bought off by swag bags, free massages (I have yet to partake), and Chipotle burritos. But, hey, I like Chipotle.

In any case, it’s good to refortify in here before venturing forth for another day of the “DC RoE.” For, however hospitable Denver has been thus far (and so far LoDo seems like a great place — I wasn’t expecting such a walking-friendly downtown), it’s clear the most aggravating tendencies of District life have thoroughly infected this entire municipal area for the week. Like I said yesterday, having spent the past several years ensconced in academia (which has its own occasionally exasperating mores to navigate), I’d forgotten how fundamentally irritating the DC ratrace can be. Consider this full-immersion therapy.

Rule #1 of the DC life: Access — and thus the appearance, if not the fact, of exclusivity — is everything. For example: Yesterday evening, a friend of mine from CQ and I looked to catch a drink somewhere nearby. We eventually found one, thank goodness, but not before having to negotiate with doormen, list-bearing aides, and sundry other “boundary mavens” in front of many, many bars, restaurants, and hotel lobbies. Everything was cordoned off, invites and VIPS only, unworthies please move along. Now, I understand the lobbyists gotta do their thing — If only this sort of thing was restricted to private parties. Alas, DC life, I have since been reminded, is basically one big rope-line. Every doorway involves a plethora of multi-colored passes, even those that lead nowhere particularly important. Every event here, even ungodly boring ones they can barely fill, have byzantine rules for crossing the threshold, and strange, unspoken hierarchies which determine who gets in and in what order. Get three people together in the District and one of ’em will start working on setting up the cordon. Frankly, it all gets a bit exhausting. (I’d like to say the special dKos couch I was joking about yesterday is a parody of this impulse, but it’s really just another sad manifestation of it.)

Which brings me to Rule #2 of Washington: You’re only as interesting as your status in The Hive. The District being a company town, the main thrust of virtually every social encounter in DC is “Hi-Hello-Who-do-you-work-for?” (I’ve heard LA operates much the same way, which makes sense, given that politics is basically showbiz for short and/or ugly people.) I can’t tell you the number of times during my Washington days when people I’d recently met would “switch on” once they ascertained I had a moderately important-sounding job. (It wasn’t really, of course, but Carville occupied his own unique tangent in Clinton-era Washington, so the rabid political climbers always assumed I had more pull than I ever in fact did.)

As such, people tend to accord you respect only in direct relation to your perceived clout, and if you don’t have any, you’re just not worth talking to. In DC, the most remorseless practitioners of the political arts — and thus often the most successful — will be endlessly scanning the room around you during your conversation, looking to see if there’s someone more important they should be talking to at that moment. It’s a peculiarly virulent form of douchebaggery that you really can’t escape if you venture into the politics business, and it, sad to say, has been very much in evidence here in Denver.

Like I said, I found this endless reducing of people to their places of employ tremendously irritating even when I occupied a relatively privileged position in “The Game.” Now that I’ve been out of the scene for awhile — having cashed in my chits, so to speak, to pursue the PhD during the Dubya years — and my hive status is lower than even drone, it’s that much worse. Now, here in the blogger tent, everyone — give or take a few e-celebrities, of course — seems very friendly, down-to-earth folk, and journalists, I’ve found, rarely traffick as baldly in this sort of behavior as the politicos (which is a lot of the reason I tended to hang with reporters and non-profit types while in DC.) But, get around the actual honest-to-goodness political people, who are obviously everywhere right now, and hoo boy. After an hour or two of being constantly Sized Up and Found Wanting by weaselly-looking guys in suits, it’s enough to send you screaming into the streets.

Ok, had to get that off my chest. I am having a great time here, honest! Still, it was a bit of a shock on my first day to be resubmerged so quickly and so thoroughly into the DC-politico culture. Oh yeah, it’s like that.

Things to Do in Denver…

Hey all…back at my friend’s place now, where the sweet, sweet electrical power flows freely. As some may have already noticed, I managed to get some pics for the day up here. Enjoy…I’ll have more to say in the next day or two, once I can gather my thoughts about events thus far. It’s been a lot to take in, and, frankly, I’ve been out of the DC environment for awhile. (Denver or no, DC rules of engagement are clearly the order of the day here…I’d sorta forgotten how this game is played.)

Annie, Get Your Gun (and Spend those Millions).

“The court’s five most conservative members have demonstrated that for all of Justice Antonin Scalia’s talk about ‘originalism’ as a coherent constitutional doctrine, those on the judicial right regularly succumb to the temptation to legislate from the bench. They fall in line behind whatever fashions political conservatism is promoting.” In the WP, E.J. Dionne eviscerates the Scalia wing of the Roberts Court for their 5-4 decision in D.C. v. Heller yesterday. As you’ve no doubt heard by now, the decision (penned by Scalia) parsed the Second Amendment in such a way as to overturn the handgun ban in the District (and seemed to simply ignore the existing precedent of US v. Miller.) As Slate‘s Dahlia Lithwick deadpanned, “today’s decision ‘will almost certainly cause more Americans to be killed.’“

As it turns out, the Court went 0-for-2 yesterday, also deciding 5-4 (Alito writing the majority opinion) that McCain-Feingold has been prejudicial against the wealthy. In response, Sen. Feingold noted that the millionaire’s amendment was flawed anyway: “I opposed the millionaire’s amendment in its initial form and I never believed it was a core component of campaign finance reform.” Still, the decision here may not bode well for campaign finance opinions down the pike. “‘What’s most significant here is what this means for the future,’ said Rick Hasen, a professor at Loyola Law School. ‘It tells us that the long-standing limits on corporate and union campaign spending are in grave danger.’”

Surge along the Potomac.

And now, 8-for-8. Sen. Obama sweeps the Chesapeake primaries, taking Virginia by 29 (64%-35%), Maryland by 23 (currently 60%-37%), and the District by 51 (75%-24%). Best of all, he won across the board and made clear and undeniable in-roads into Clinton’s demographic base. Next stop, Wisconsin and Hawaii, which Sen. Clinton seems to be ceding for her Giulianiesque firewall of Ohio and Texas. (I’m not sure why — both could feasibly play to her strengths.) Update: Clinton’s going to Wisconsin after all.

Capping the night of victories was another splendid speech by Obama, one that clearly and organically weaved some Edwardsian bread-and-butter populism into the existing stump speech. Sen. Obama also spent some time going after John McCain, and, after ekeing out Virginia on his end, McCain returned fire. We still have a ways to go on the Democratic side, of course, and I’m definitely not counting the Clintons out yet. (If anything, they’re more dangerous than ever.) But, Obama’s definitely got the Big Mo. And, at least during the speeches tonight, it was starting to look and sound like a general election…

Update: The target for the Clinton campaign right now appears to be 56% — that’s the percentage of remaining delegates Senator Clinton need to win to defeat Senator Obama in the overall pledged delegate count. But, according to media poobah Howard Fineman, at least, even the Clinton campaign concedes that’s not going to happen, despite all the talk about the firewall strategy in Ohio and Texas. Instead, barring a monumental collapse by the Obama campaign, the Clintons are basically looking for they closest they can get to a photo finish, followed by the superdelegates breaking against the will of the pledged delegates. I seriously doubt that dog will hunt.