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?

Charisma Gap

This week's faces of the Republican Party in the media are Dick Cheney, Newt Gingrich and Rush Limbaugh. Only Gingrich has any chance of running for the 2012 GOP nomination, a prospect almost as delightful to Democrats as Mike Huckabee or Sarah Palin would be. Meanwhile there is a question as to whether Obama is becoming overexposed, in the media sense of being in our faces too much. This can happen and he needs to be sensitive to the possibility, but so far I think he is deliberately being the Anti-Bush: Bush, through a combination of natural aloofness, natural inarticulateness, and a philosophy that the president ought not have to explain himself too much, ended up seeming out-of-touch. Obama is behaving as much like Theodore as like the other Roosevelt: the presidency is a "bully pulpit" and we live in times when the public needs to be continuously updated and educated on what's happening.

I think Obama is also trying to humanize (as in cut down to size) the presidency. He is essentially a technocrat, a fact obscured by his recent historical political successes. If he keeps talking publicly as much as he has been so far, the public (and the media) will tune out a bit, and that might not be a bad thing for the institution. Some unglamorous, nonsuperstar officials are trying to make the trains run on time and keep the lights on, and if you're interested in that sort of thing you can tune in, otherwise you can seek entertainment elsewhere.

It was ironic today when the Czech president denounced the stimulus spending strategy of the US: the Eastern European politician thinks that the Americans are too socialist! When the crisis is economic it sorts out the wheat from the chaff, it's real work to figure out any of this stuff enough to start to get a handle on it. For example Paul Krugman is all for stimulus spending, in fact he thinks that so far the government has not spent nearly enough, yet he is equally adamant that the banking policy of buying up bad assets is a terrible mistake. I confess that this is too deep for me at the moment, but I'm working on it!

Down to the Hard Core

Republicans these days like to claim that the Bush-Cheney administration wasn't really a conservative Republican administration at all, a sweaty, desperate maneuver that may nonetheless serve some function at least by helping some of them go on. The rest of us might do well to note that the last administration was full-speed ahead on tax cuts and deregulation as a way to strengthen the economy for the past eight long years, and that the result of this strategy was ever-more disparity between the rich and what used to be called "the poor" but what we might as well now call "everybody else," and the current position of the economy, butt-up in the ditch. Thus one can only shake one's head in disbelief at the latest soundbite coming from the congressional Republicans, that their stimulus proposal contains "more job-creation" than the Democrats', a slogan based on the entirely discredited notion that giving all the money to rich people is merely efficient administration and not willful sabotage of the government, a project they enthusiastically support when they think no one is listening.

Meanwhile President Obama was probably making a rare slip into snarkyness when he tossed off the line that Republicans shouldn't just sit around listening to Rush Limbaugh, and I imagine Obama regretted his loose tongue this past week as Mr. Limbaugh has enjoyed the (as everyone is saying) "ka-ching" cachet of being singled out in this way. But after a couple days of this, I'm wondering: maybe it's not such a bad idea if the conservative movement is identified in the public eye with Rush. His followers are legion, but not that big of a legion. When he says that everyone is expected to bend over and grab their ankles because Obama is black (and lord knows nobody ever criticizes black people, right?), if everyone else is paying attention we might start to notice that there are bigger legions out there. Limbaugh as titular head of the conservatives: I find that that grows on me.