All posts by Jay Pinho

About Jay Pinho

Jay is a data journalist and political junkie. He currently writes about domestic politics, foreign affairs, and journalism and continues to make painstakingly slow progress in amateur photography. He would very much like you to check out SCOTUSMap.com and SCOTUSSearch.com if you have the chance.

Robert Bork’s America

The 85-year-old former judge died today, and Jeffrey Toobin — breaking from punditocratic tradition — went for the jugular:

Robert Bork, who died Wednesday, was an unrepentant reactionary who was on the wrong side of every major legal controversy of the twentieth century. The fifty-eight senators who voted against Bork for confirmation to the Supreme Court in 1987 honored themselves, and the Constitution. In the subsequent quarter-century, Bork devoted himself to proving that his critics were right about him all along…

It was said, in later years, that Bork was “borked,” which came to mean treated unfairly in the confirmation process. This is not so. Bork was “borked” simply by being confronted with his own views—which would have undone many of the great constitutional landmarks in recent American history. As Senator Edward Kennedy put it in a famous speech on the Senate floor, “Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, [and] writers and artists would be censored at the whim of government.”

Was Kennedy too harsh? He was not—as Bork himself demonstrated in the series of intemperate books he wrote after losing the Supreme Court fight and quitting the bench, in 1987. The titles alone were revealing: ”The Tempting of America,” “Slouching Towards Gomorrah: Modern Liberalism and American Decline,” and “Coercing Virtue: The Worldwide Rule of Judges.” One of his last books may have summed up his views best. Thanks in part to decisions of the Supreme Court—decisions that, for the most part, Bork abhorred—the United States became a more tolerant and inclusive place, with greater freedom of expression and freedom from discrimination than any society in history. Bork called the book, accurately, “A Country I Do Not Recognize.”

Light at the end of the long, dark tunnel?

[tweet http://twitter.com/JonathanJewel/status/281451508585885696] [tweet http://twitter.com/TheObamaDiary/status/281460641825435649]

Today, President Obama announced his intention to put a plan for gun control before Congress by the end of January:

The president’s pledge came as House Republicans restated their firm opposition to enacting any new limits on firearms or ammunition, setting up the possibility of a philosophical clash over the Second Amendment early in Mr. Obama’s second term.

“This time, the words need to lead to action,” Mr. Obama said, referring to to past mass shootings that prompted outrage but led to little or no legislative changes.

He said the proposals would not be just about weapons. “We are going to need to work on making access to mental health care at least as easy as access to guns,” he said.

At an appearance in the White House briefing room, the president said he had directed Vice President Joseph R. Biden Jr. to lead an interagency effort to develop in the next several weeks what the White House says will be a multifaceted approach to preventing similar mass shootings and the many other gun deaths that occur each year.

Mr. Obama, flanked by Mr. Biden, did not offer any specifics about the proposals. But he promised to confront the longstanding opposition in Congress that has previously blocked broad gun control measures.

“I will use all the powers of this office to help advance efforts aimed at preventing more tragedies like this,” Mr. Obama said. “It won’t be easy, but that can’t be an excuse not to try.”

The White House press corps responded by…asking about the fiscal cliff:

“We are going to need to work on making access to mental health care as easy as access to a gun,” Mr. Obama said. “We’re going to need to look more closely at a culture that all too often glorifies guns and violence.”

His words, following five days of extensive news coverage and national debate, were intensely focused on gun violence. He addressed no other topics. Yet judging by the questions that followed his address, most of the members of the Washington press corps had other things on their minds.

“I’d like to ask you about the other serious issue consuming this town right now, the fiscal cliff,” was the first question, from The Associated Press’s correspondent, Ben Feller.

Mr. Obama answered. Then came the next question, again about the so-called “fiscal cliff”: “What is your next move?” Then: “You mentioned the $700,000, $800,000 — are you willing to move on income level?” And so on, for at least 15 minutes, before a question about gun violence was finally asked, by David Jackson of USA Today.

“The Choice” to stay: Sam Lim and I discuss the season finale of Homeland

carriesaulSam Lim: Where do we even start with the finale? Boy. Let me first say that it met — and exceeded — my expectations (not by a lot but enough). The beginning dragged out the way I expected a Carrie-Brody escapade into the woods would, even with Quinn right behind them (since they didn’t know). The fact that Quinn did not take out Brody and his subsequent reasoning (as explained to Estes…more on that in a minute) did not surprise me in the least; I expected that as much.

Before I make fun of Estes (again), I do think the conversations Carrie and Brody had in the cabin were really rather poignant. Here you have two very battered (physically and emotionally) individuals, and it’s like they can only be themselves and (almost) completely honest with each other. I say “almost” because Carrie — for all her ridiculousness — still has a shred of doubt about Brody (you see that look on her face after Brody found the gun? It was like a “Hehe. Let’s not play with guns now, dear” type of look), though he seemed to win her over fairly easily as always.

Now, as for Estes, gosh, what a tool. Everything always has to be about him. The sad part is there are real people just like him in real life. I suppose it’s part of what makes Quinn’s line to him somewhat schadenfreude-inducing: “I’m a guy who kills bad guys.”

The episode doesn’t really take off (action-wise), though, until Walden’s funeral, I thought. I particularly enjoyed the great ironies of Brody’s encounters at the funeral. First, he is greeted by Walden’s grieving widow, who is completely oblivious to the fact that the guy who basically murdered her husband is escorting her to her seat. Then there’s his handshake with Estes, completely unaware that the man had a hit out on him until less than a day before. I have to say…I chuckled.

Let’s talk plot flaws real fast, since they’re my favorite. Isn’t it sort of conspicuous when both Carrie and Brody leave the funeral early? And am I being too cynical to think it strange that the CIA building is absolutely deserted except for where the funeral is taking place (sure, Walden has deep ties to the CIA and the funeral might be on a weekend, but still, it’s the CIA!)? Carrie and Brody (both, again, with bright yellow visitor badges) just waltzed right into Saul’s empty office and probably would’ve engaged in a bit of inappropriate behavior in another man’s office had Brody not spotted his car. Speaking of which… Continue reading “The Choice” to stay: Sam Lim and I discuss the season finale of Homeland

The Senate filibuster: cure by nuclear option?

My piece on the Senate’s opportunity to take up filibuster reform is now up on The Morningside Post:

Not everyone is onboard with an overhaul of Senate rules, however. Unsurprisingly, Senate Republicans are concerned that restricting the filibuster will eliminate their party’s most potent weapon against the Democratic majority. Minority Leader Mitch McConnell’s spokesman warned, “We hope Democrats will work toward allowing members of both sides to be involved in the legislative process — rather than poisoning the well on the very first day of the next Congress.”

Filibuster reform comes with its own set of caveats for Democrats as well. “Forcing the minority to [be present in the Senate] in order to actually mount the filibuster also requires that the Senate stay in session endlessly,” Lieberman notes, creating a burden borne equally by both parties. “In order to go down that road,” he says, “Democratic senators would have to be willing to spend more time in Washington, spend more time hanging around the Senate floor and actually participating in this nonsense than they’re probably willing to do.”