Put Bill Clinton on the Supreme Court

In the discussion about who President Obama will nominate to fill the Supreme Court vacancy with the retirement of Justice John Paul Stevens, we've been hearing the idea floated that someone with political experience would be healthy for the Court. I'm more inclined to favor a distinguished jurist myself, but I do have a modest proposal if we're going to go with a politician: put Bill Clinton on the Court!

This idea gets more fun the longer one thinks about it. He is, after all, generally recognized as the master politician of his age, whatever else one might think of him. He's not the kind of guy you want wandering around at loose ends, either: the Court is the only box big enough to hold him, and it'd get him out of Barack and Hillary's hair. Idle hands do the devil's work! And he is a former constitutional law professor, after all. And empathy up the wazoo! (At times quite literally, one gathers.) Personal experience with the law, even. And one relishes the thought of the up-the-wall-driving potential the appointment would have for our dear conservative friends. I for one am constantly thinking of new ways to express my feelings for them these days.

True, the confirmation process might be a tad bumpy. But doesn't anybody else miss the gaudy entertainment provided by the Clarence Thomas hearings? (Don't answer that.) I think that the next time Barack, Michelle, Hillary and Bill are all dining together (have they ever dined together as a foursome? Interesting question), Barack should wait until all three are in mid-sip and just put it out there. Fun times! And the most spit-take-worthy thing of all? In all sincerity, I wouldn't mind seeing Bill on the Court one bit!

(Addendum: Although I wrote this post in a jocular spirit, it's turning out to get a lot of attention. A testimonial to BC's enduring charisma, I'd say. One point of information: It doesn't matter (technically speaking) that Clinton lost his law license. A Supreme Court Justice needn't be a lawyer at all, barred, disbarred or otherwise. In fact, the only constitutional requirement for a seat on the High Court is that one be nominated by the President and confirmed by the Senate. That's it. President Obama could put Jerry Springer on the Court if he could get him confirmed. Although, as I stated in the first paragraph, I myself would be more inclined to go with Judge Judy.)

Empathy on the Supreme Court

Why not put Bill Clinton on the Supreme Court? Obama and Hillary need to keep him busy, and it's the only box big enough to hold him. Plus he's a notorious empathizer.

Speaking of that, I'm marveling at this week's conservative attack on President Obama, who made the outrageous assertion that he wanted to appoint someone to the Court who might have empathy for ordinary people. Horrors! This is more of the Keystone Kops routine we're seeing from a right wing that is now led by Rush Limbaugh. How great is it to have political opponents who are spending the week declaring themselves to be against empathy? Rhetorical geniuses they are not.

Meanwhile, I'd love to have an interview with Justice Clarence Thomas about all this. He wasn't quite four-square against empathy in his dissent to Virginia vs. Black in 2004, when the court upheld a right to cross-burning under the 1st Amendment. "Those who hate cannot terrorize or intimidate to make their point," he wrote, adding the interesting metaphysical observation that burning a cross was more like burning a house than it was like making a statement; one could, after all, burn down a house to make a point. So how about it, Justice Thomas? For empathy, or against it?

The Dam Starts Breaking

I was surprised to read in the NYT this morning that the Cuban American National Foundation, which has for many years been the main lobbying vehicle for the anti-Castro Cuban exile community, is now calling for expanded official relations, loosening of travel and remittance restrictions, and increasing business relations. This is particularly striking since the CANF, under the leadership of Jorge Mas Canosa (who died in 1997), was the Cuban equivalent of AIPAC: a lobby capable of single-handedly keeping US policy on a hard-line track. There is no other comparable group in the Cuban exile community. The CANF has not today gone so far as to call for an end to the economic blockade and rescinding of the Helms-Burton Act, but they did in their new proposal acknowledge that the old (ancient: since the early 60s) policy has failed. They can have no illusions that this proposal is a significant step toward full normalization of relations with Cuba.

There is a confluence of circumstances just now that together comprise a real opportunity to get to a Cuba policy that is not insane ("not insane" is a sort of step-one goal for US foreign policy at this point). The Cuban community in the US has changed considerably both through latter-day immigration and the coming of age of the grandchildren of the original exiles: neither group shares the emotional attitude of the 60s generation. US politicians of both parties needed Florida to win the presidency and it was true until recently that the Cuban vote could swing that (one of Bill Clinton's lowest moments was when he signed Helms-Burton). Meanwhile Yankee gradually started to pay attention to the US's own interests: both the US Chamber of Commerce and, believe it or not, the Pentagon have endorsed an end to the blockade for some years now. To top it all off, Bush-Cheney managed to turn Guantanamo Bay into a symbol for one of the darkest episodes in all of US history, tarnishing America's image in the world for years to come. I haven't expected Obama to spend political capital on the Cuban issue, he's got too much on his plate, but there does come a point where it's politically so easy that there's no reason not to make the change.

One last thing, the bad news, I guess, for my liberal-left readers and friends: I've been to Cuba, spent weeks living with faculty (and Party members) from the University of Havana, traveled out to small towns in the interior (where I was the guest of the local military commander, among others), wandered in Havana far from the tourist spots, and my opinion is that the centralized economy of Cuba doesn't work. Cuba is very poor, the quality of life is low, and these conditions cannot all be explained away by blaming the bloqueo. I am not a friend of the Castro government. I would like to see multiparty democracy and markets in Cuba. And you know what would be the most effective way of bringing an end to 50 years of a well-intentioned, patriotic, non-kleptocratic, but utterly failed dictatorship? Full normalization. The Party wouldn't last twelve months.

Testing Obama

The first 100 days of a presidency, when the new president still enjoys the support and hopes of the public, is a time to get things done, and Obama is doing that. It is also a time for severe testing from his antagonists: will he buckle under pressure? I am glad to say that our man shows no sign of doing that. He is severely and dangerously hampered by the economic crisis, but my sense is that the public is clear enough on the fact that this is a crisis created by funny-money Republicans and their corporate clients. Not that Obama should leave that to chance, and he isn't, repeatedly referring to the fact that he "inherited" the crisis. He also keeps saying, "I'm the President now and I accept responsibility," which among other things is a graceful way of saying "I'm in charge here and you're not." MSNBC stuck with his town meeting in California last night and I thought he was masterly. He knows that his function is essentially political and that he needs to stay in permanent campaign mode, and he's doing that, and he's great at it. Good for him.

He is being criticized for discussing the Final Four, and for going on Jay Leno tonight, but he understands that he needs to communicate with the public and maintain a relationship with the public. He will reach a huge audience on Late Night (not including me - way past my bedtime). That is not "neglecting" the economic crisis, it's functioning as the president. As to that, I'm as disgusted as everyone else by the AIG bonuses, but it has become a distraction. $160 million is big money but it's nothing compared to the money that the government is using for the bailouts, the stimulus package etc (and I am supporting the government at this point). The Republicans have double-downed on that: if he fails they hope to win big, but the flip side is that if he succeeds they definitely lose big. And aren't they the ones arguing that the economy will turn itself around in a year or two? In which case credit will go to...Obama.

On the sports thing, remember how Hillary had a Yankees/Mets problem? She couldn't have it both ways, and as a carpetbagger, she couldn't claim lifelong allegiance (that's how the local politicians finesse it). Sarah Palin got outed by the media for making the same speech about the local sports team in every city she visited. True fans have feelers for that. I always wondered why Bush, one of whose sole actual interests was baseball, didn't discuss it more. Mr. Regular Guy probably figured that the best way to stay out of trouble was just to say nothing, and he was aloof enough in general that it fit. Obama is a real person (politicians: are you listening?). He knows that sports is polarizing but he also knows that it's all in fun. It's a way for people to talk to each other (half of the men in any bar wouldn't be able to converse at all if they couldn't get into something about sports). He's not gaming us. He's being himself. He's into basketball - so sue him!

Which brings me to my last thought for now: out of Bill Clinton, George W. Bush or Barack Obama, which would you least like to sit down and have a beer with? I know not everyone will agree with me, but Bush is a white-knuckle drunk, tight-lipped and with a chip on his shoulder, hypervigilant about "authenticity," always the sure sign of an inauthentic man. Meanwhile I'd love to hang out with either Bill or Barack, relaxed, smart as whips, enjoying themselves, generous-hearted and articulate.

This isn't 1993

Barack Obama has outlined an ambitious agenda for his first "one hundred days," the initial months of a presidency when new presidents traditionally exploit their mandate, their "honeymoon," and the political difficulty of attacking a president who still enjoys the hopeful expectations of the electorate. This agenda includes closing Guantanamo, drawing down the troops in Iraq, and moving on a much larger bailout of the economy than anyone has ever seen. This week, perhaps because it was felt that something ought to be presented for the gay community to atone for the Rick Warren flap, we hear that Obama intends to rescind the "don't ask, don't tell" policy regarding gay military personnel.

This item invites reminiscence of the early days of the Clinton administration. Clinton tried to establish a gay-tolerant military. He also (with the prominent participation of his wife) tried to move forward on an ambitious reform of health insurance and health care. Notoriously Clinton met with failure on these and other early initiatives. There was even a Time magazine cover of the "incredible shrinking president." Some speculated that he would be altogether unable to govern. Today, mindful of this history, some are cautioning that Obama should go slow. I think that Obama is nothing if not measured, but more importantly there are huge differences in the political circumstances of 2009 as compared to 1993.

Bill Clinton won the election of 1992 by a plurality, splitting the vote with Bush and Perot. He managed to win the Democratic nomination that year largely because more senior Democratic politicians (Mario Cuomo for example) made the calculation that the incumbent Republican would win reelection after Reagan's domination of the previous three elections. Three years after the fall of the Berlin Wall, public confidence in Republican foreign policy was high: "triumphalism" was the neologism of the day. Clinton and his ally Al Gore were Democratic Party upstarts. Their strategy of staking out centrist positions squeaked them into office but did not endear them to the Democratic establishment or to the liberal electorate. They were on their own.

Today the situation is entirely different. The incoming Democrat has been elected with one of the biggest electoral vote margins of modern times. The outgoing administration leaves in public disgrace, with the Republican Party bleeding voters. Both the economy and US foreign policy are widely perceived as in critical condition. Obama has packed his incoming administration with the most powerful Democratic politicians in the country and with officials with deep connections to the Congress. There is token resistance to a stimulus package from some right-wing backbenchers, otherwise everyone wants to get in on the action. Resisting Obama is, for the moment at least, politically unwise in the extreme.

Under these circumstances Obama, if he continues to be as adroit as he has been so far, ought to have little trouble with, for example, closing Guantanamo and reaffirming our commitment to the Geneva Conventions. I'd say he can still pile a little more onto his plate. Here's my suggestion: unilaterally normalize relations with Cuba, rescind the blockade, rescind Helms-Burton. If Obama were to do that, Cuba would be completely transformed within twelve months: no more Cuban Communist Party, no more loss of business to the Canadians, Spanish, Japanese and Argentines that would more sensibly be handled by US farmers and business. I don't see how anyone could stop this.