PERSPECTIVE FROM THE 19TH HOLE: This is the title I chose for my personal blog, which is meant to give me an outlet for one of my favorite crafts – writing – plus use an image from my favorite sport, golf. Out of college, my first job was as a reporter for the Daily Astorian in Astoria, Oregon, and I went on from there to practice writing in all of my professional positions, including as a Congressional press secretary in Washington, D.C., an Oregon state government manager in Salem and Portland, press secretary for Oregon’s last Republican governor (Vic Atiyeh), and a private sector lobbyist. This blog also allows me to link another favorite pastime – politics and the art of developing public policy – to what I write.
I was fortunate yesterday to be otherwise occupied and so couldn’t watch the circus atmosphere in the Senate Judiciary Committee’s first day of hearings on the nomination of Brett Kavanaugh to serve on the U.S. Supreme Court.
Calling it a “circus” is to give it a compliment, at least based on what I read in the Wall Street Journal and the Washington Post.
For my part, I say a pox on both parties in Congress. Each does a bad job of conducting its affairs, including when the public has a chance to look in on the process. Republicans irritated Democrats when they refused to consider President Barack Obama’s nomination of Merrick Garland to the country’s highest court.
Now, Democrats are trying to get even by contending that the Republican confirmation process has gone astray to serve conservative, Republican ends.
Here’s how writer Amber Phillips put it in a Washington Post story:
“The Brett Kavanaugh Supreme Court hearings are ugly, there’s no arguing that. Democrats are trying to end the hearing before it gets started. There are repeated interruptions by protesters. Republicans are accusing Democrats of the equivalent of contempt of court and protesters of ‘mob rule.’ It’s a manifestation of the hyper-politicized environment we find ourselves in.”
Phillips is right. She went on to compliment one senator, Ben Sasse, Republican from Nebraska, for his analysis of the “process,” if you even can call the first hearing part of a “process.”
“In a word,” Sasse said the problem “is Congress.” And he added: “In a few more words, Congress is abdicating its duty to write laws, which leaves people to place their hopes in the judicial branch to try to get their problems solved. At the end of the day, a lot of the power delegation that happens from this branch is because Congress has decided to self-neuter.”
Sasse broke down his argument into four bullet points, which are worth considering:
- Congress is set up to be the most political branch. “This is supposed to be the institution dedicated to political fights,” Sasse said.
- But in the name of politics, lawmakers have decided to keep their jobs rather than take tough votes. “Most people here want their jobs more than they really want to do legislative work, and so they punt their legislative work to the next branch,” Sasse said.
- Because Congress often lets the executive branch write rules, and Americans aren’t sure who in the government bureaucracy to talk to, that leaves Americans with no other place than the courts to turn to express their frustration with policies. And the Supreme Court, with its nine visible members, is a convenient outlet. Sasse: “This transfer of power means people yearn for a place where politics can be done, and when we don’t do a lot of big political debate here, people transfer it to the Supreme Court. And that’s why the Supreme Court is increasingly a substitute political battleground for America.”
- Sasse’s final point: “This process needs to change. If Congress did more legislating, these Supreme Court nomination battles would get less political,” he argues: “If we see lots and lots of protests in front of the Supreme Court, that’s a pretty good barometer of the fact that our republic isn’t healthy. They shouldn’t be protesting in front of the Supreme Court, they should be protesting in front of this body.”
To contend that Congress has failed to do its duty, thus leading to the circus atmosphere in the Senate Judiciary Committee, could be an understatement.
I have been part of confirmation processes in Salem and in Washington, D.C. They became more about political than about qualifications to hold public office, which, I guess, is another way to underline Senator Sasse’s points.
It may be hoping and dreaming, but I hope and dream that Congress will find a way to get back to doing the public’s business instead of, as Sasse put it, “wanting their jobs more than they really want to do legislative work.”
Call me PollyAnna.
And, good that I will be otherwise occupied today so won’t have to endure another day of the circus in Washington, D.C.