In my last post, I painstakingly put together an analysis of the religious tradition that Harriet Miers has embraced, concluding that it doesn’t much provide definitive evidence of her probable views on issues like abortion. Imagine my chagrin when I picked up the newspaper the next day to discover that her sometimes boyfriend and fellow parishioner at Valley View Christian Church, the right-wing Texas Supreme Court Justice Nathan Hecht, has been running around telling anybody who would listen that there’s zero doubt about Miers’ views on abortion.In my own long discourse on Miers religious background, I concluded that the nexus between her religion and her judicial philosophy would probably remain a mystery so long as “she and her friends and associates decide to keep it that way.” Well, Hecht would certainly qualify as someone in that inner loop; after all, he’s the one who introduced Miers to Valley View about a quarter century ago, when she, a lapsed Catholic, was seeking a renewed spiritual life.And indeed, Hecht’s assertions seem to be having an effect in some circles. The influential conservative evangelical Marvin Olasky (best known as the coiner of the phrase “compassionate conservatism”) has placed great stock in Hecht’s assurances in his cautiously pro-Miers blog posts. More importantly, the ultimate Christian Right bigfoot, James Dobson, in his bizarre radio remarks yesterday defending his early support for Miers, mentions his friendship with “the man who brought her to the Lord” as one part of the “confidential” information persuading him. This is clearly a reference to Hecht.But is Hecht speaking for himself, for Miers, and for the White House? Well, it’s not like he’s some loose cannon with no insider connections. Karl Rove ran his first campaign for the Texas Supreme Court. He knows the president well enough that W. has bestowed him with one of his famous personal nicknames: “Hector.” It sure looks like he’s on a mission from the administration to help preempt any Christian Right revolt against this nomination.But the weird thing is: it may not be working that well. Yes, the latest C.W. among the chattering classes is that the intra-conservative fight over Miers is one of those Main Street/Country Club fights pitting the GOP’s Christian Right base against snobby elitists who care more about a prospective justice’s legal resume than about her willingness to overturn Roe v. Wade. Indeed, some point to the non-Christians prominent in the conservative opposition to Miers (e.g., David Frum, Bill Kristol) and luridly suggest a big-time Theocon/Neocon split.I don’t think so. Aside from Frum, most of the National Review luminaries (e.g., Rich Lowry, Ramesh Ponnuru) who are prominent in the revolt against Miers are serious Right-to-Life Catholics. Nobody can out-Main Street Phyllis Schlafly, another Miers skeptic. Nobody’s more focused on cultural issues like abortion than Paul Weyrich. Tony Perkins, Dobson’s comrade-in-arms in the Colorado Springs Empire, has been notably neutral on the nomination.And even Dobson himself is expressing doubts and fears on Miers and the abortion issue, noting in the radio address that he will have “the blood of all those babies” on his hands if he guesses wrong about her views.You have to figure at this point that the White House is playing a dangerous double game on Miers, trying to get the word out to the Cultural Right that she’s a sure vote to overturn Roe, without providing any evidence that could blow up on her during the confirmation hearings. The fact that the Cultural Right is split on Miers is an indication this preemptive strategy has failed, which means that conservatives as well as Democrats are going to press her and the White House for clearer answers to their questions.My guess is that “Hector” will now shut up, leaving Rove and company to come up with a new strategy for threading this particular needle. It won’t be easy.
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Editor’s Corner
By Ed Kilgore
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March 4: Despite the Criticism, Biden’s Doing Well
After reading a few days worth of carping about Joe Biden’s performance, I decided enough’s enough and responded at New York:
Joe Biden has been president of the United States for 43 days. He inherited power from a predecessor who was trying to overturn the 2020 election results via insurrection just two weeks before Inaugural Day, and whose appointees refused the kind of routine transition cooperation other administrations took for granted. His party has a four-vote margin of control in the House, and only controls the Senate via the vice presidential tie-breaking vote (along with a power-sharing arrangement with Republicans). Democratic control of the Senate was not assured until the wee hours of January 6 when the results of the Georgia runoff were clear. Biden took office in the midst of a COVID-19 winter surge, a national crisis over vaccine distribution, and flagging economic indicators.
Biden named all his major appointees well before taking office, and as recommended by every expert, pushed for early confirmation of his national security team, which he quickly secured. After some preliminary discussions with Republicans that demonstrated no real possibility of GOP support for anything like the emergency $1.9 trillion COVID-19 relief and stimulus package he had promised, and noting the votes weren’t there in the Senate for significant filibuster reform, Biden took the only avenue open to him. He instructed his congressional allies to pursue the budget reconciliation vehicle to enact his COVID package, with the goal of enacting it by mid-March, when federal supplemental unemployment insurance would run out. Going the reconciliation route meant exposing the package to scrutiny by the Senate parliamentarian
,It also virtually guaranteed total opposition from congressional Republicans, which in turn meant Senate Democratic unanimity would be essential.The House passed the massive and complex reconciliation bill on February 27, right on schedule, with just two Democratic defections, around the same time as the Senate parliamentarian, to no one’s great surprise, deemed a $15 minimum wage provision (already opposed by two Senate Democrats) out of bounds for reconciliation. The Senate is moving ahead with a modified reconciliation bill, and the confirmation of Biden’s Cabinet is chugging ahead slowly but steadily. Like every recent president, he’s had to withdraw at least one nominee – in his case Neera Tanden for the Office of Management and Budget, though the administration’s pick for deputy OMB director is winning bipartisan praise and may be substituted smoothly for Tanden.
Add in his efforts to goose vaccine distribution — which has more than doubled since he took office — and any fair assessment of Biden’s first 43 days should be very positive. But the man is currently being beset by criticism from multiple directions. Republicans, of course, have united in denouncing Biden’s refusal to surrender his agenda in order to secure bipartisan “unity” as a sign that he’s indeed the radical socialist – or perhaps the stooge of radical socialists – that Donald Trump always said he was. Progressives are incensed by what happened on the minimum wage, though it was very predictable. And media critics are treating his confirmation record as a rolling disaster rather than a mild annoyance, given the context of a federal executive branch that was all but running itself for much of the last four years.
To be clear, I found fault with Biden’s presidential candidacy early and often. I didn’t vote for him in California’s 2020 primary. I worried a lot about Biden’s fetish for bipartisanship. I support a $15 minimum wage, and as a former Senate employee, have minimal respect for the upper chamber’s self-important traditions. But c’mon: what, specifically, is the alternative path he could have pursued the last 43 days? Republican criticism is not worthy of any serious attention: the GOP is playing the same old tapes it recorded in 2009 when Barack Obama (and his sidekick Biden) spent far too much time chasing Republican senators around Washington in search of compromises they never intended to make. While they are entitled to oppose Biden’s agenda, they are not entitled to kill it.
Progressive criticism of Biden feels formulaic. Years and years of investment in the rhetoric of the eternal “fight” and the belief that outrage shapes outcomes in politics and government have led to the habit of seeing anything other than total subscription to the left’s views as a sell-out. Yes, Kamala Harris could theoretically overrule the Senate parliamentarian on the minimum wage issue, but to what end? So long as Joe Manchin and Kyrsten Sinema oppose the $15 minimum wage, any Harris power play could easily be countered by a successful Republican amendment to strike the language in question, and perhaps other items as well. And if the idea is to play chicken with dissident Democrats over the fate of the entire reconciliation bill, is a $15 minimum wage really worth risking a $1.9 trillion package absolutely stuffed with subsidies for struggling low-income Americans? Are Fight for 15 hardliners perhaps conflating ends and means here?
Media carping about Biden’s legislative record so far is frankly just ridiculous. Presumably writing about the obscure and complicated details of reconciliation bills is hard and unexciting work that readers may find uninteresting, while treating Tanden’s travails as an existential crisis for the Biden administration provides drama, but isn’t at all true. The reality is that Biden’s Cabinet nominees are rolling through the Senate with strong confirmation votes (all but one received at least 64 votes), despite a steadily more partisan atmosphere for confirmations in recent presidencies. The COVID-19 bill is actually getting through Congress at a breakneck pace despite its unprecedented size and complexity. Trump’s first reconciliation bill (which was principally aimed at repealing Obamacare) didn’t pass the House until May 4, 2017, and never got through the Senate. Yes, Obama got a stimulus bill through Congress in February 2009, but it was less than half the size, much simpler, and more to the point, there were 59 Senate Democrats in office when it passed, which meant he didn’t even have to use reconciliation.
There’s really no exact precedent for Biden’s situation, particularly given the atmosphere of partisanship in Washington and the whole country right now, and the narrow window he and his party possess – in terms of political capital and time – to get important things done. He should not be judged on any one legislative provision or any one Cabinet nomination. So far the wins far outweigh the losses and omissions. Give the 46th president a break.