March 2015 – Many Things Considered

Harry Reid’s Senate Legacy

Posted on March 31, 2015by christian

Having lost the majority after the 2014 election, suffering a gruesome injury that nearly cost him sight in one eye, and facing another bruising re-election campaign in Nevada, it’s not a huge surprise that 75-year old Senator Harry Reid, a fixture in Senate leadership for more than a decade, decided that he will hang it up when his term ends next year.

As a young man Reid was a decent boxer and throwing punches with wild abandon is an appropriate metaphor for Reid’s pugnacious tenure as a Senate leader. Reid has been an unapologetic partisan. He has made it his personal cause to expose the Koch brothers influence on American politics and Reid accused Mitt Romney, with no real evidence, of paying no taxes during the last presidential campaign. That attack line alone messed up a week of Romney’s campaign.

Reid is also something of a political contradiction. A practicing Mormon, Reid has been a huge champion of Nevada’s glittering gaming industry. His LDS faith certainly didn’t keep him from savaging fellow Mormon Romney in a fashion that made Barack Obama’s attack lines seem tame by comparison. Reid has also championed the mining industry inside a political party where digging things up is considered bad form. All politics is local, after all, and gambling and mining make Nevada go and as for Reid’s brand of politics – once a brawler, always a brawler.

Charisma challenged, not an eloquent speaker, never one to frequent the Sunday morning green rooms that are the natural habitat of Washington’s gasbags, Reid is in many ways a throwback, an often parochial senator from Nevada who will also leave a substantial mark on American political history. His fighting instincts, as well as the political times, made Reid one of the most partisan Senate leaders in a long, long time and he certainly deserves a big dose of responsibility for the toxic levels of American political discourse. Reid has both lamented and contributed to the new norm – the politics of obstruction.

Still, love him or hate him – and there are many in both camps – Reid will, I believe, figure prominently in Senate history both for his longevity in leadership and, love it or hate it, for at least five things that might not have happened without him.

The Power of Harry…

First, without Reid’s statewide political organization it is questionable that Obama would have carried Nevada in 2008 and 2012. Look at the Nevada map. It is mostly red, but Reid’s political influence rests heavy in the state’s population centers – Las Vegas and Reno. These cities and their suburbs are where Reid has won his elections in Nevada and where Obama won, as well. In the currency of electoral politics, Harry Reid delivered Nevada for the Democratic presidential candidate – twice.

Without Reid serving as “master of the Senate” in 2009, it’s hard to believe Obama could have rounded up enough votes to pass the controversial $787 billion stimulus legislation – remember it took three Republican votes. Not a single House Republican voted for the stimulus bill, but somehow Reid crafted a degree of bi-partisanship to ensure that the legislation reached Obama’s desk.

Reid’s fingerprints are all over passage of the even more controversial Affordable Care Act (ACA). Without Harry Reid it’s unlikely that the sweeping health insurance reform legislation would have happened, since passage required that he hold every single Democratic vote in the Senate. The legislation may eventually be considered along side Social Security as a great legislative triumph or it may be shot down by the Supreme Court. Either way Harry Reid was a principle architect and that legislation alone likely cost him his job as majority leader.

Reid will also be remembered for finally taking the historic step to end the Senate filibuster, invoking the “nuclear option,” regarding most presidential appointments, particularly including federal judges. As a result, Obama has very quietly reduced the backlog of vacancies on the federal bench, including filling empty seats on the influential federal circuit court for the District of Columbia. That court, considered second only to the Supreme Court in importance, has shifted under Obama from being dominated by the appointees of Republican presidents to one with a majority of judges selected by Democrats. Reid certainly also gets some of the credit for ensuring that two more women were confirmed to the Supreme Court.

Just Say No to Yucca Mountain…

Finally, when tallying Reid’s legacy it’s impossible not to note his singular role in putting sand in the gears of national nuclear waste policy. Reid has fiercely opposed the long-time federal government plan to develop a high-level nuclear waste disposal site at Yucca Mountain north of Las Vegas. His unrelenting opposition helped convince the Obama Administration to quit work on the project, leaving the nation without any plan to dispose of the vast amounts of nuclear waste that remain scattered around the country.

A Limited Number of Great Leaders…

I would argue that since the post was formally established in the 1920’s there have been very few truly great and effective Senate leaders. Any list of “masters of the Senate” must, of course, include Lyndon Johnson whose bigger-than-life style and mastery of the personal politics of the institution in the 1950’s have never been matched.

Montana’s Mike Mansfield, still the longest serving majority leader, would be on any list of greats and for reasons opposite those that put Johnson is on the list. Where Lyndon bullied, blustered and begged senators to his will, Mansfield was the quite behind the scenes conciliator. Johnson would assault his colleagues with the full on “Johnson treatment.” A flurry of words would accompany Lyndon’s hands tugging on the lapels of a suspect’s suit, while he leaned in and physically overpowered another of his victims. As the photo makes clear he even used “the treatment” on a young John Kennedy and a stunned Scoop Jackson.

Mansfield, in contrast, puffed on his pipe, listened and tried to work things out. More often than not he succeeded, so much so that upon his death one of the Senate’s most erasable partisans, Alaska’s Ted Stevens, told me that Democrat Mansfield was the best leader the Senate had ever seen.

Considering the often ugly and almost completely unproductive Senate we see today we can fondly remember Republican leaders like Bob Dole and Howard Baker, partisans with an ability to make a deal. In the 1930’s Franklin Roosevelt depended on Joe Robinson of Arkansas to get most of his New Deal through the Senate and Robinson, always a loyal Democrat also revered by his Republican colleagues, obliged. Oregon’s Charles McNary, never in the majority, was thoughtful, cool and respected by his Senate colleagues. In many ways McNary was a model senatorial leader, particularly one having to operate in the minority.

The “wizard of ooze,” Republican Everett Dirksen of Illinois, critical to passage of historic civil rights legislation in the 1960’s, and Democrat Robert Byrd, passionate in his love of the Senate as an institution, clearly rank in the top tier of Senate leaders. But beyond that short list the pickings are pretty thin, which is why the frequently controversial Harry Reid – love him or hate him – and his accomplishments – love them or hate them – will likely ensure that he finds a place of permanent importance in the history of successful leaders of the United States Senate.

Harry Reid has been a political fighter with all the charm of an ill-tempered bull dog. His partisanship clearly contributed to the current do-nothing U.S. Senate where he has been the perfect foil to the equally charmless and partisan Mitch McConnell. Reid could put his foot in it Joe Biden-style, once calling New York Senator Kristen Gillibrand “the hottest senator” and candidate Obama “light skinned.” When asked about regrets he might harbor in his fight with the Brothers Koch, Reid simply said: “Romney didn’t win did he?”

In the age of poll tested, bland candidates who measure every word and fret over every action, political junkies are going to miss the old boxer from Searchlight, Nevada. He took a few punches, landed a few himself, and never committed the unpardonable political sin of being dull. Fighters rarely are.

Baucus, Dallek, Mansfield, U.S. Senate

Leader of the Pack

Posted on March 30, 2015by christian

“I want to be able to go out at the top of my game…I don’t want to be a 42-year-old trying to become a designated hitter.” – Baseball fan Harry Reid on his decision to retire from the Senate.

It is often said that being president of the United States is the “toughest job in the world.” If that is true then being the Senate Majority Leader is certainly the second toughest job in Washington, D.C.

Harry Reid did the job longer than most and during a time – he shares the blame, of course – that marked one of the most partisan periods in the history of the Senate. Now in the minority, Reid announced last week that he will hang it up when his term ends next year.

Reid’s expected successor as Democratic leader, hand-picked it seems by the former boxer from Searchlight, Nevada, is New York Senator Charles Schumer who, one could expect, will extend the sharply partisan tone once his desk is directly across the aisle from Republican Majority Leader Mitch McConnell of Kentucky.

A Rare Big State Leader…

Schumer, should he be successful in replacing Reid next year, will be the first Senate leader in either party (majority or minority leader) to hail from New York. In fact, it is a historical curiosity that the leaders of both parties in the Senate most often come from smaller states; states like Harry Reid’s Nevada.

The role of “Senate leader” is relatively new, at least in the long history of the United States Senate. The first formally designated “leader” was elected by the then-minority caucus of Democrats is 1919. The “Majority leader” title at that time was only informally conveyed on Massachusetts Republican Henry Cabot Lodge, who also chaired the powerful Foreign Relations Committee. The GOP majority made “the leader” an official designation in 1923 and since that time politicians from smaller states have for the most part occupied the top jobs in the Senate.

Of the biggest states, only Illinois has had two senators, Republican Everett Dirksen and Democrat Scott Lucas, in leadership. Meanwhile, Maine, Kentucky, Tennessee and Kansas have each had two senators in top jobs, while South Dakota, West Virginia, Montana, Nebraska, New Hampshire, Indiana, Oregon, Arizona and Mississippi each have had senators in leadership.

There are but a handful of exceptions to the small state leadership rule, most notably Texas (Lyndon Johnson), California (William Knowland), Pennsylvania (Hugh Scott) and, very briefly, Ohio (Robert Taft). Schumer will be another exception. Interestingly, with the exception of LBJ (who held a leadership position for eight years) and Scott (minority leader for six year) none of the big state leaders have held the job for long.

The longest serving leader remains Montana’s Mike Mansfield who served for sixteen years, all as majority leader. By the time Reid is done, at least in terms of longevity, he’ll be in the company of Arkansas’ Joseph T. Robinson (fourteen years) and West Virginia’s Robert Byrd and Kentucky’s Alben Barkley (twelve years).

It is also interesting that Democratic leaders tend to last longer than Republican leaders. Reid’s tenure in leadership will put him in the top five of longest serving Senate leaders, all Democrats. Republicans Bob Dole of Kansas and Charles McNary of Oregon are the longest serving GOP Senate leaders, each having served eleven years.

So, why do smaller states tend to produce more Senate leaders? Could the Senate as an institution have a bias against senators from larger states? Could it be that serving as a senator from a large population state is more demanding than doing the same job in a smaller state therefore leaving more time for other duties like herding Senate cats as a leader?

My own theory – unburdened by any real evidence – is that small state senators just might be better at the skills of “retail” politics; the meeting and greeting, remembering names and faces, the attention to details that Mansfield, Johnson, Dole and Howard Baker put to such good use. Perhaps small state senators also regularly meet more voters, hold more town hall meetings, deal with more small town mayors and eat more tough chicken at Rotary Club meetings. Senators from larger states tend to operate on a more “wholesale” basis, often communicating with constituents largely through the media. Perhaps they just aren’t as good at the “soft” people skills that make for good leaders.

Mike’s Approach…

The legendary Mansfield’s approach to his job as a U.S. senator might support my thesis. Mansfield, a bit of a loner all his life, would routinely show up in various Montana cities, smoking his pipe, sitting alone in a coffee shop or hotel lobby just waiting to be engaged by a voter and “accepting conversation from whoever happened by.” Mansfield’s biographer Don Oberdorfer has written that the then-Senate Majority Leader’s “favorite haunt in the university town of Missoula was the Oxford Bar and Grill, where gambling took place in the basement, reachable through a meat locker.”

Mansfield became legendary in the Senate for his ability to listen, understand competing points of view and treat everyone with patience and respect. Did he hone those skills sitting at the bar of the Oxford in Missoula?

In the rarified, clubby environment of the U.S. Senate, people skills – modesty, ability to listen, empathy, and fairness – still matter, even in this age of poisonous partisanship. I suspect it also helps to know how to find the card game going on in the basement.

Tomorrow: Love him or hate him, Harry Reid leaves a substantial legacy.

Air Travel, Basketball, Books, Civil Rights, Native Americans, Television

Strong Inside

Posted on March 24, 2015by christian

I love college basketball and of course the love affair is in full blossom this time of year. My romance began in 1966 when a bunch of unknown upstarts from a Podunk school in El Paso – who ever heard of Texas Western College? – won the NCAA championship over the vaunted Coach Adolph Rupp and the University of Kentucky Wildcats.

There have been a thousand (or more) great college basketball games since 1966, but for my money none was better or more important than Texas Western’s 72-65 win over the big dogs from Kentucky and the segregated Southeastern Conference (SEC). The Texas Western Miners started five black players in that 1966 game. Kentucky didn’t have a black player until 1969. Adolph Rupp, the Baron of the Bluegrass, a Hall of Fame coach who won 82 percent of his games, went to his grave remembered for that championship loss by his all-white team to a talented and determined all-black team. It is stunning to remember that Rupp refused to shake hands with the Texas Western players after the game. And it should be just a little embarrassing to Kentucky fans today that the still vaunted Wildcats play their home games in Rupp Arena.

As Kentucky steams toward another national title, let’s just say that I’m for anyone but Kentucky. Call it a grudge and label it unreasonable, since the Wildcats now depend on spectacularly talented African-American players to maintain an unbeaten season, but I have a long memory.

Maybe its just Kentucky. I’ve long remembered a great line uttered by the supremely talented Civil War historian Gary Gallagher who once joked that Kentucky stayed loyal to the Union during the rebellion and “only joined the Confederacy after the war.” Adolph Rupp and his basketball team were still fighting that war more than a hundred years later.

Strong Inside…

All this old basketball and racial history came rushing back to me recently with the publication of a fine and important new book on basketball and race in the SEC, the pioneering courage of an African-American player at Vanderbilt who was the first to play in that storied league and how far we have come – and still need to go.

The book is Strong Inside, the gutsy story of Perry Wallace and his trials and triumphs in the SEC in the late 1960’s. The author is Andrew Maraniss (son of Washington Post associate editor David Maraniss, author of acclaimed books on Roberto Clemente, Bill Clinton and Vince Lombardi, among others).

In many ways the centerpiece of Wallace’s story is the account of a game he played in 1968 in Oxford, Mississippi. Remember the context. The Ole Miss campus was finally integrated in 1962, but not before a full-scale riot, a death and many injuries marked the school with scars that are still visible. The racist governor of Mississippi, Ross Barnett, played to local politics and his own ambition when he defied federal courts and President John Kennedy when James Meredith wanted to register for classes at Ole Miss.

In 1963, NAACP organizer Medgar Evers, an Army veteran of World War II, was assassinated in the driveway of his home in Jackson, Mississippi. Three young civil rights workers were murdered in Philadelphia, Mississippi in 1964. Bloody Sunday took place in Selma in neighboring Alabama in 1965. It was into that environment of hate, fear and racism and that a courageous Perry Wallace stepped when he set foot on the basketball court in Oxford for the first game in Mississippi featuring a black player.

Shortly before halftime a white elbow was thrown at Wallace, a blow “so fast that no one knows who threw the elbow,” Maraniss says. The blood flowed from Wallace’s wound, the crowd cheered and no referee blew a whistle. “When halftime ended,” the Washington Post noted in a recent review, “Wallace was left alone in the locker room with a bag of ice and a swollen eye. He was ‘shaken not just by the physical blow but by the relentless taunting. . . . He could hear the Ole Miss crowd react when his teammates returned to the court without him: ‘Did the nigger go home? Where’s the nigger? Did he quit?’”

Wallace didn’t quit. He helped Vanderbilt win that game, but had to make the long walk back to the basketball court all by himself. None of his white teammates made the simple gesture of walking with him. In other SEC basketball venues Wallace “was spit on and pelted with Cokes, ice and coins. At LSU, some Vanderbilt players claimed, a dagger was thrown on the court in Wallace’s direction. . . . In Knoxville, teammates remember, fans dangled a noose near the Vanderbilt bench.”

Perhaps the most remarkable aspect of Wallace’s story is the grace and dignity with which he dealt with such unspeakable abuse and overcame it all. Today Wallace is a widely respected law professor at American University in Washington, D.C. and a man humble in talking about his pioneering role in SEC basketball. Vanderbilt officials, originally peeved when Wallace talked candidly at the end of his playing days about his experiences, finally made peace with him and retired his jersey in 2004. Perry Wallace deserves to be more widely remembered and Andrew Maraniss’s book is a wonderful start.

Banning the Dunk Shot…

Wallace stood just 6’5”, which, even considering the standards of his day, made him a rather small frontline player, but the guy could jump and Maraniss writes, “the ‘stuff shot’ was Wallace’s most reliable offensive move.”

The long-prevailing basketball wisdom holds that the “dunk shot” was banned to neutralize the inside play of the great UCLA post man Lew Alcindor – Kareem Abdul-Jabbar. But, Maraniss makes a compelling case that Wallace and his role as the first black player in the SEC also had much to do with banning the dunk. In that 1966 NCAA championship game Texas Western’s unforgettable big man, David Lattin, “embarrassed Rupp’s Wildcats with a powerful dunk over Pat Riley,” later a great NBA player and coach. “The next season,” Maraniss writes, “Lattin’s protégé, Wallace, embarrassed Rupp’s freshman team with his slam over Dan Issel,” also later an NBA star.

Shortly thereafter the NCAA rules committee, long dominated by Adolph Rupp, changed the rules to ban the dunk, a decision that it is hard not to conclude was racially motivated. Rupp’s Wildcats never scheduled Lew Alcindor’s UCLA Bruins, but they played Perry Wallace’s Vanderbilt team twice every season. “While the [dunk] ban wasn’t directed at Wallace,” Maraniss says, “it was more than just a coincidence that the rules of the game changed just as the first black player – a prolific dunker – was about to enter the league that Adolph Rupp had dominated for decades.”

Sports at the college and professional level along with the United States military have been more successful than virtually any other segment of our culture in advancing the cause of racial equality. Both have their problems to be sure, but both have also shown what America might be if we finally come to grips with our haunted racial past and commit to a better future. Perry Wallace’s largely forgotten story is a testament to what one man can do to make ours a more perfect union and proof that heroes are found in many places, including above the rim.

Perry Wallace and Andrew Maraniss were recently featured on the NPR program Only a Game when they were interviewed by Bill Littlefield. NPR’s All Things Considered also recently featured a story on the book.

The Maraniss book was published by Vanderbilt University Press. Order it up. If you’re a basketball fan you’ll enjoy it. If you enjoy an uplifting and great American story you’ll love it.

Climate Change, Egan, Human Rights, Idaho Politics, Libraries, Organized Labor

Third Act for a Bomb Thrower

Posted on March 23, 2015by christian

He was one of the most polarizing political figures of the last half-century in Idaho, a union and gay rights basher who was part of the Tea Party before we called it that and before the Republican Party came to be too dominated by, well, guys like Gary Glenn.

Long-time observers of Idaho’s politics – and now Michigan politics – will recognize his name and his tactics, including the brash one-liner, the scorched earth approach to every issue, the politics that reduce your opponent to a beast determined to ruin the culture. Those who long for a politics where opponents aren’t routinely demonized will not be surprised that Glenn, the one-time Idaho bomb thrower, is these days lobbing his grenades as a duly elected state representative in Michigan. You can be forgiven for thinking Idaho’s gain has become Michigan’s loss.

Wearing his religion on his sleeve, Glenn is in the forefront of efforts to deny marriage rights to gay couples in Michigan. Glenn’s American Family Association Michigan chapter – he’s the president – is widely described by human rights organizations as a “hate group.” As a legislator, Glenn is still advocating low taxes – or perhaps no taxes – and opposing a Republican governor’s plan to invest in Michigan infrastructure. And, of course, Glenn has ridden his “right-to-work” hobbyhorse for thirty years, all the way to Midland, Michigan, while preaching “freedom” for everyone but those unfortunate souls who happen to disagree with him.

At a state university in Saginaw, Michigan recently two dozen students showed up to protest an appearance by the former Idaho firebrand. According to the local newspaper the students, taking exception to Glenn’s harsh anti-gay rhetoric, chanted, “Hey, ho, Gary Glenn has got to go” and “2, 4, 6, 8, Gary Glenn is full of hate.” The Southern Poverty Law Center, the civil rights group that once had a hand in driving the Aryan Nations out of Idaho, reports on its website that Glenn offered these helpful comments about gays in 2001: “As with smoking, homosexual behavior’s ‘second hand’ effects threaten public health….Thus, individuals who choose to engage in homosexual behavior threaten not only their own lives, but the lives of the general population.” Some things never change.

The Hired Gun…

If you want to mark a date on the calendar when Idaho politics truly began to change for the worse you could start with the day in 1985, when the Idaho legislature, after a bruising political battle, passed anti-labor “right-to-work” legislation over the veto on then-Governor John V. Evans. When unions succeeded in getting the issue on the ballot in 1986 the resulting campaign was particularly ugly. Glenn, a fresh-faced newcomer to Idaho – some called him not incorrectly a “carpetbagger” – orchestrated that nasty battle utilizing the kind of over-the-top tactics of intimidation and exaggeration – union “thugs” where threatening western civilization – that have become the norm in politics.

Before Glenn and the National Right-to-Work Committee targeted Idaho with bundles of outside money and deployed the politics of “if you’re not for us, you are against us,” Idaho was an organized labor backwater. In modern times the state had little history of labor unrest, but the unionized miners, timber workers and electricians tended to support Democrats who advocated for better schools and better paying jobs. Labor’s foot soldiers and campaign money never – at least not since the early 1950’s – gave Democrats a majority in the Idaho Legislature, but they did help keep the party competitive and helped elect guys like Evans, Frank Church and my old boss Cecil Andrus.

There are endless debates about the economic impacts of right-to-work on wages, job creation and the quality of employment opportunities and you can find studies and experts to support almost any point of view, but it’s beyond denial that the passage of the law in Idaho dealt a big blow to the Democratic Party. This was, one suspects, a big factor in Wisconsin Governor Scott Walker’s recent push to make that once labor friendly state the latest to put the state between union members and management.

It is also clear that Idaho’s ranking in one important economic category – personal income – is hardly an advertisement for the wonders of anti-labor public policy. According to Department of Labor statistics, “Idaho ranked dead last in 2013 with individual median income at $27,932 — likely aided by the fact it was at the bottom of all the states for the median income for women, $21,908. The Idaho median income for men was $33,623 — good for 48th place.”

If you like one-party government populated by a crop of legislators who now pass resolutions calling for the “impeachment” of federal judges who rule “incorrectly” on same sex marriage, oppose a Hindu prayer to open a legislative session, continue to defund education and deny basic human rights protections to the LGBT community then Gary Glenn deserves honorary Idaho citizenship. The do-almost-nothing Idaho legislature (remember, it wasn’t always so), is a monument to the lack of a political middle in the state and that too has roots in the long ago battles that Glenn and like minded allies stoked for maximum partisan mileage.

As an historical footnote, I remember some Idaho Republican legislators in the 1980’s who were dubious about right-to-work asking why it was OK to mandate that every Idaho hop or potato farmer pay an assessment to support a state-mandated commodity commission, but the principle of every union member paying dues to support has bargaining organization was “coercion” and “a denial of freedom.” One man’s freedom is another’s “compulsory” union dues or, if you prefer, mandatory, state-sanctioned assessments on pea and lentil growers. I’m still waiting for the Idaho “freedom” movement to outlaw mandatory assessments on farmers, which exist, of course, in order to market products and advocate political causes for a special interest group. Journeymen plumbers are obviously in a different class. Talk about a closed shop.

Right-to-work legislation has never about “freedom,” as Glenn peddled the concept, but rather represented a cynical two-pronged strategy to weaken collective bargaining and erode support for Idaho Democrats. It worked like gangbusters and had the additional benefit of depressing wages.

After steamrolling the right-to-work effort in Idaho, Glenn was hired as the political operative for the state’s cattle ranchers and tried, with some success, to use that platform to create his own path to political power. The cattle lobby was a “voluntary” organization were members paid “dues,” but you won’t find many cowboys who don’t volunteer and ante up. More freedom, I guess.

Cece Andrus famously refused Glenn admission to the governor’s office in those days and did not, as Glenn’s partisans incorrectly claimed, “throw him out” of the big office on the second floor of the Idaho Statehouse. Andrus, with no use for completely partisan hired guns like Glenn, loved to say that he most certain did not “throw” Glenn out, which would have been impossible since the hired gun never got his brand new Tony Lamas across the door jamb.

Glenn next brought his polarizing brand of partisanship to the Ada County Commission and spent two contentious terms mostly preening for television cameras and fighting with other elected officials. Before long he lost a Republican primary for Congress and decamped for Michigan and, one might hope, obscurity. But not so fast. In 2012 Glenn unsuccessfully sought the Republican U.S. Senate nomination in Michigan, but that run merely served to open his third act and he captured a seat in the state legislature in 2014. You have to give the guy credit; he is a political survivor.

The Third Act…

I believe Glenn when he says, as he did in an Idaho Statesman piece marking the 25^th anniversary of right-to-work coming to Idaho, that he is a “true believer” in his brand of ultra-conservative politics, the kind of politics that gains him regular attention from civil liberties groups who monitor the hateful drivel of Glenn and other divisive personalities like Glenn Beck and the radio preacher Bryan Fisher, two more professional agitators with Idaho antecedents.

Glenn is a true believer, but also a first-class opportunist, one of those people in politics who live to divide and chide. He’s made a living pumping out his anti-gay, anti-union, anti-tax mumbo jumbo, but beyond being against people not like him you have to wonder what he has to show for a lifetime of agitation?

Gary Glenn reminds me all these years later of the great question Lyndon Johnson asked of another fear and hate monger, George Wallace, during the darkest days of the voting rights struggle in 1965. “George,” LBJ said to the blustering Alabama governor, “what do you want left after you when you die? Do you want a Great…Big…Marble monument that reads ‘George Wallace – He Built?’…or do you want a scrawny pine board laying across that harsh, caliche soil, that reads, ‘George Wallace – He Hated?’”

Glenn left a questionable and negative mark on Idaho and now builds a dubious mark, as successful opportunists tend to do, in a new venue where, one suspects, all his nasty history is little understood. Still, his long “career” begs the question of just what has he built and what has his disdain for those who think differently really accomplished? He has certainly succeeded in keeping himself in the public eye and, ironically for someone who has so consistently preached the anti-government gospel, Glenn has once again landed on the public payroll, a perfect place from which to lament all the evils of government. As the same time, and in the name of “liberty” and “freedom” he has long championed causes that deny rights to others, while helping breed the absurd levels of animosity that are at the center of what passes for politics these days.

Michigan must be proud. Hate has a new lease on life. Mr. Glenn has opened his third act.

Baseball, Campaign Finance, Christie, Poetry, Politics, Wall Street

The Appearance of Influence

Posted on March 17, 2015by christian

“…this Court now concludes that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption. That speakers may have influence over or access to elected officials does not mean that those officials are corrupt. And the appearance of influence or access will not cause the electorate to lose faith in this democracy. “ – Justice Anthony Kennedy in Citizens United v. Federal Elections Commission, 2010.

Generally speaking there are two types of political scandal: the sex scandal and the money scandal.

The first type of scandal, perhaps for obvious reasons, gets more attention from public and press. Think of Bill Clinton and the blue dress, Mark Sanford hiking the Appalachian Trail all the way to his Argentine mistress, General David Petraeus going all in with his biographer (and sharing much more than pillow talk) and, of course, the continuing saga of former Senator Larry Craig’s wide stance in the Minneapolis airport. One could go on and on – Packwood, Weiner, Edwards – it is a long, long and bipartisan list.

The other type of scandal – the money scandal – is generally less memorable, but also more important. Political sex sells and fuels late night comedy. Political money merely corrupts. Like political sex scandals, political money scandals are a bipartisan problem and unlike what Justice Kennedy naively (or cynically) wrote in that Supreme Court decision, vastly expanded access to money and private influence in our politics has, and will continue to erode “faith in this democracy.”

Several recent cases still in the news make the point: Illinois Representative Aaron Schock, former Oregon Governor John Kitzhaber, would-be president Hillary Clinton and Senator Robert Menendez or, if you prefer, Governor Chris Christie of New Jersey are in the top-of-mind scandal class. (It probably goes without saying that in any list of political scandals involving money, New Jersey is routinely entitled to two mentions.)

Schock is the junior Republican from Peoria who first came to national prominence when a Washington Post story reported on the elaborate Downton Abbey-like redecorating of his Capitol Hill office, a real estate makeover that likely constituted an illegal gift. It didn’t take long for the deep red walls and Edwardian touches to gave way to more important insights into Schock’s extensive connections to his wealthy donors. As the Post reported recently, the Congressman’s Lord Grantham moment “prompted a flurry of stories about his use of private charter planes that he says are to get around his district, concert ticket purchases, trips overseas and other forms of travel.” Expensive tastes are hardly an indictable offense, but failing to report gifts from donors or using their airplanes improperly may well be and Schock has now announced his resignation, likely just before his indictment.

There have been so many twists and turns to the sad and bizarre Kitzhaber saga in Oregon that is has become difficult to keep track of all of them, but it seems clear that an underlying theme in the tangled web that drove the four-time elected governor from office was…wait for it…money.

Kitzhaber’s fiancée seems to have been obsessed by making money and oblivious to how her public role created conflicts, or worse, for the couple. In another case, as reported by Willamette Week, Kitzhaber courted one of his biggest campaign donors, a developer who had given candidate Kitzhaber more than $65,000 since 2010, by attending a “summit” organized by the donor, who incidentally regularly complained to the governor about state environmental regulators. As the paper noted following the “summit,” which Kitzhaber had flown to on the donor’s private plane, the then-governor “asked a fundraising consultant how much money [the big donor] had given his re-election campaign so he could hit up another summit attendee…for the same amount.”

The Hillary Clinton case is even more obtuse, but no less troubling, involving Clinton the Secretary of State, Clinton the world famous mover and shaker of the Clinton family foundation (which has received millions from corporate and foreign sources) and coming to a campaign trail near you soon, Clinton the presidential candidate. If you think the recent flap over Hillary’s emails (particularly the ones that have been destroyed) doesn’t involve the intersection of her official work at the State Department and her work, as well as her husband’s and daughter’s, with the high flying Clinton foundation, and now the need to raise a billion dollars or so to run for the White House, well I have some aluminum siding I’d like you to consider.

A CBS New investigation found that one donor to the Clinton Foundation, “Rilin Enterprises – pledged $2 million in 2013…The company is a privately-held Chinese construction and trade conglomerate and run by billionaire Wang Wenliang, who is also a delegate to the Chinese parliament…The firm owns a strategic port along the border with North Korea and was also one of the contractors that built the Chinese embassy in Washington. That contract is a direct tie to the Chinese government.” We haven’t heard the last of these kinds of stories and she hasn’t even announced.

Senator Menendez’s scandal seems to involve more garden-variety type corruption – doing big favors for a big donor. For months the Justice Department has been looking into the connection between the Soprano State senator and a wealthy South Florida eye doctor, Salomon Melgen, who clearly loves Menendez. As Slate has noted, the doc and his family “gave $33,700 to Menendez’s 2012 re-election campaign, as well as $60,400 to the Democratic Senatorial Campaign Committee while Menendez served as its chairman during the 2010 election cycle. But the biggest contribution by far was a series of three payments totaling $700,000 that Melgen’s business gave in 2012 to Majority PAC, a Democratic super PAC that in turn shoveled nearly $600,000 toward Menendez’s re-election that year. Melgen also paid for two free trips that Menendez took in 2010 to Melgen’s seaside mansion in the Dominican Republic,” a gift that Menendez did not initially disclose, but for which he later paid $58,500 to reimburse.

And what did the donor get beside the stimulating company of a United States Senator? “In recent years,” Slate reports, “Menendez repeatedly interceded on Melgen’s behalf in a dispute with the Centers for Medicare and Medicaid Services over allegations that Melgen had overbilled Medicare for millions of dollars for injections he was performing on patients with macular degeneration. Menendez has also been pressing on Melgen’s behalf to help him see through a deal he has to sell port-screening equipment to the Dominican government.”

The latest Chris Christie greasiness in New Jersey rings of the kind of thing that the notorious Boss Tweed did across the Hudson more than a century ago – hand out tax breaks, contracts and other goodies to the politically well-connected and then sit back and reap the rewards. As the Associated Press reported this week, on Governor Christie’s watch, “New Jersey has authorized more than $2 billion in economic development tax breaks since 2014, often to corporations with notable political connections. One grant went to a developer who owes millions of dollars on an unpaid state loan.”

Christie’s administration lavished more than $600 million in tax breaks on Camden, New Jersey, (population 77,000) an amount four times the city’s annual budget. As AP notes, “As money has flowed to development in Camden, some trickled back into politics. Camden tax incentive recipients donated more than $150,000 to the Republican Governors Association during the time Christie ran it. But no donations are as notable as those from Pennsylvania developer Israel Roizman. Last February, the state awarded tax incentives worth $13.4 million to Broadway Associates 2010 LLC, a real estate development company he controls. The project in question: refurbishing 175 low-income housing units that deteriorated under two decades of Roizman’s ownership.”

It turns out Roizman – and here is proof that the acrid stench of corruption smells of bipartisanship – was a big “bundler” of campaign cash for Barack Obama, but also thoughtfully “donated $10,000 to the Christie-led [Republican] governors association in late 2013, a few months before receiving his tax breaks. Last year, he gave the group the same amount.” Meanwhile, the developer owes the New Jersey housing agency “$6.2 million in unpaid loans on another Camden housing project.”

There may be perfectly simple explanations for all these unrelated cases and it would not be correct to say the corrosive Citizens United decision alone ushered in a new era of corruption in our politics. The country’s convoluted campaign finance apparatus is so complex that it has spawned an entire industry of lawyers and consultants who make it their life’s work to navigate the system.

Still, to believe that cases like Schock, Kitzhaber, Clinton, Menendez, Christie and many others can be innocently explained away, one must accept the idea that really wealthy people give money to political candidates simply out of the goodness of their hearts or because of their passionate belief in the candidate or the cause. (Some do, of course, but their commitment could be demonstrated just as fervently by a check for a thousand dollars as it is by donating what for many Americans would be a sizeable bank account.) At the same time the innocent explanation of a situation involving money and politics that also has “the appearance of corruption” demands embracing the idea that candidates, particularly when they are recipients of really, really big checks and personal favors from donors, are totally immune to the concept of quid pro quo. There are many honest politicians, but we don’t make laws – nor did we once limit campaign contributions – because of the honest people.

Political corruption has existed since Caesar and human nature being what it is there will always be some fast buck artist angling for some favor from some powerful person. But with the adoption of the philosophy, sanctioned by the United States Supreme Court, that anything goes when it comes to money and politics we can expect Justice Kennedy to more-and-more be feasting on his words.

Unlimited, largely unregulated money in politics does give rise to both the appearance and the reality of corruption. The excesses will only grow worse over time in direct proportion to the electorate’s loss of faith in this democracy. Makes you long for a good political sex scandal.

2016 Election, American Presidents, Baucus, Dallek, Foreign Policy, John Kennedy, Mansfield, Obama, U.S. Senate, World Cup

The Water’s Edge…

Posted on March 12, 2015by christian

“…the president may serve only two 4-year terms, whereas senators may serve an unlimited number of 6-year terms. As applied today, for instance, President Obama will leave office in January 2017, while most of us will remain in office well beyond then — perhaps decades. – Letter from 47 Republican senators to Leaders of the Islamic Republic of Iran.

Can’t We Just Agree on This…

Amid the persistent partisan rancor dominating Washington, D.C. you might think that the one issue that would lend itself to a modicum of bipartisanship would be an effort to prevent Iran from developing the ability to manufacture a nuclear weapon.

In the hands of a regime that since 1979 has proclaimed the United States as its great enemy, a nuclear weapon would represent an existential threat not only to the U.S, but also to the continually troubled Middle East. Indeed, Iranian nuclear capability is a threat to the entire world.

In response to this very real threat, the Obama Administration has attempted to do what former President George H.W. Bush did when Saddam Hussein invaded Kuwait in 1990 – build an international coalition to confront the threat. In dealing with the Iranian nuclear menace the United States has joined forces with France, Great Britain, Germany, China and Russia, but the U.S. has clearly taken the lead in the talks.

While Republican critics of Obama’s foreign policy often criticize the president for “leading from behind,” in the case of Iran the U.S. is clearly out front pushing hard for a diplomatic agreement. That fact alone, given GOP criticism of Obama’s approach to foreign policy, might argue for Republican cooperation and encouragement that could foster true bipartisanship. In fact, and in a different political world, the circumstances of the coalition led by the U.S. to prevent the development of an Iranian nuclear weapon seems like the epitome of a foreign policy issue where Republicans and Democrats might actually cheer each other on in expectation of an outcome that would be good for the country, the Middle East and the world.

Politics is always about fighting over the details, but stopping Iran from having nuclear weapons seems like a fundamental strategic goal that every American could embrace. But not these days. Just when it seems that American politics can’t make me any more discouraged about the future of the country, Arkansas sends Tom Cotton to the United States Senate. Cotton is the architect of the now infamous letter to the Iranian ayatollahs that has both undercut Obama’s international diplomacy, while revealing the depths of blind partisanship in Washington.

Senate Republicans are so dismissive of Obama’s presidency that they are willing to risk blowing up the nuclear talks with Iran and happy to completely jettison any hint of bipartisanship in foreign policy. Ironically the GOP experts also set themselves up to take the blame if the Iranian talks do come apart. At the same time, Republicans offer no alternative to the approach Obama has taken (well, John McCain once joked about his desire to “bomb, bomb Iran,” as if that were a real option).

The GOP’s approach also centers on dismantling a long tradition of bipartisanship regarding Israel and giving encouragement to the current Israeli prime minister – who happens to be fighting for his political life – to take his own unilateral action against Iran. That is a prescription for World War III, but that seems to pale in the face of the Republican compulsion to de-legitimize Obama and show the world just how small and petty our politics have become.

When Country Came Before Party…

The U.S. Senate is a place of great history and great tradition. Some of that history is worth remembering in the wake of the truly unprecedented “open letter” 47 Republican senators directed this week to the leadership of Iran. That letter, of course, has now become controversial and may well mark a new low point in failure of responsibility and leadership by the senators who signed it.

In January 1945, with the end of the Second World War in sight, Franklin Roosevelt was about to set off for an historic meeting at Yalta with Josef Stalin and Winston Churchill. The critical subject at that conference was the formation of a post-war organization that might have a chance to prevent another world conflict. Then as now, many senators in both parties distrusted Roosevelt believing him too secretive in his dealings with other world leaders and too dismissive of Congress. An influential Republican Senator from Michigan, Arthur Vandenberg, had long been a skeptic of FDR’s approach to foreign policy, but the rapidly evolving world order – a powerful Soviet state, a diminished British Empire, a hugely powerful United States – caused the once-isolationism minded Vandenberg to reassess his thinking. (Something, need I note, that few politicians dare do these days.)

The result of that re-thinking was one of the greatest speeches in the history of the Senate. Famously declaring that, “politics stops at the water’s edge,” Vandenberg re-defined, literally in a single speech, the shape of American foreign policy in the post-war world. Pledging support to the Democratic president, the Republican Vandenberg said: “We cannot drift to victory…We must have maximum united effort on all fronts…and we must deserve, we must deserve the continued united effort of our own people…politics must stop at the water’s edge.”

Vandenberg, who desired the presidency as much in his day as Marco Rubio, Ted Cruz or Rand Paul do now, nevertheless worked closely with Harry Truman to flesh out the creation of the United Nations and implement the Marshall Plan to help Europe recover from the ravages of war. It was a remarkable example of bipartisan leadership from a man who, had he wanted to do so, might have created political havoc both domestically and internationally.

Vandenberg was reportedly surprised by the impact of his “water’s edge” speech, modestly saying: “I felt that things were drifting. . . Somebody had to say something, and I felt it could be more effectively said by a member of the opposition.”

Imagine a Republican senator saying such a thing today.

Arthur Vandenberg, a member of the Foreign Relations Committee of the Senate, knew that an American president must have the ability to deal directly and decisively with foreign leaders. The president – any president – is also entitled to a to be free of the constant undertow of partisan politics on the home front, particularly when the stakes are so very high. Vandenberg also knew that the United States Senate has a particular ability to shape the national debate about foreign policy thanks to the Constitution’s requirement that the Senate “advise and consent” on treaties and the appointment of ambassadors.

Imagine for a moment the Senate behaving differently than it does. Imagine for a moment a Senate populated by senators like Arthur Vandenberg. In such a Senate Republican leaders might go to the White House regularly for private and candid talks with the president where they might well express profound concerns about a potential agreement with Iran. They might even make speeches on the Senate floor about what kind of agreement they expect. The Foreign Relations Committee might conduct detailed, bipartisan hearings on the challenges and opportunities contained in an agreement. The Committee might invite former secretaries of state or national security advisors from both parties to testify. (By the way, at least two former national security advisors, Brent Scowcroft, a Republican, Zbigniew Brzezinski, a Democrat, support the diplomatic effort underway.)

The once impressive Foreign Relations Committee, haunted by the ghosts of great senators like J. William Fulbright, Mike Mansfield, Frank Church and Howard Baker who once served there, might hear presentations from and ask questions of academics and foreign policy experts from the United States and our foreign partners. They might actually undertake a bipartisan effort to understand the nature and timing of a threat from Iran.

Instead, driven by the hyper-partisan needs and far right wing tilt of the coming presidential campaign, Republicans are making the question of “who can be tougher on Iran” their foreign policy litmus test. The inability to embrace even a hint of bipartisanship seems rooted in the stunning belief that Obama (not to mention former Senator and now Secretary of State John Kerry) would literally sell out the country – and Israel – in a potential deal with Iran.

The debate over the now infamous Republican letter to Iran will no doubt continue and time will tell whether it provides Iran an out to abandon any agreement, but at least one aspect of the letter – how it came to be and who created it – deserves consideration in the context of the history of the United States Senate.

Since When Does a Rookie Get to Call This Play...

The letter was the brainchild of the Senate’s youngest member, a senator who ranks 93^rd in seniority, a senator who took office less than three months ago. Freshman Arkansas Senator Tom Cotton is an Iraq and Afghanistan war veteran who is frequently described as a strong advocate for greater defense spending and a darling of the party’s farthest right wing.

In a different Senate operating under adult supervision the young Gentleman from Arkansas would have been told to file his letter in a recycle bin, but in the Senate we have the Cotton letter was signed by a number of Republican senators with substantial seniority that should have known better, senators like Idaho’s Mike Crapo and Arizona’s McCain. After noting that McCain now says the letter “wasn’t exactly the best way to do that,” the New York Times editorialized that the Cotton missive “was an attempt to scare the Iranians from making a deal that would limit their nuclear program for at least a decade by issuing a warning that the next president could simply reverse any agreement. It was a blatant, dangerous effort to undercut the president on a grave national security issue by communicating directly with a foreign government.”

After researching the history, the Senate historian says there is no precedent for such a letter. And Alan Hendrikson, who teaches at the prestigious Fletcher School of International Relations, agrees that the Cotton letter “undercuts” the whole idea of American foreign policy. “Neither the Senate nor the House has sought to interfere with actual conduct of negotiations by writing an open letter to the leadership of a country with which the U.S. is negotiating,” Henrikson told McClatchy News.

The Washington Post’s Dana Milbank joked that perhaps Cotton, who denied that his epistle was one-of-a-kind, would undercover “an open letter from American legislators written to King George III in 1783 warning him that the efforts of Benjamin Franklin, John Jay and John Adams might be undone with the stroke of a quill.” But, of course, no such letter was ever written, just as Cotton’s should not have been.

Give credit to Republican Senator Bob Corker of Tennessee, the chairman of the Foreign Relations Committee, who did not sign the letter and may yet help his party lead rather than posture. Against all evidence about what the United States Senate has become, perhaps Corker can channel Arthur Vandenberg, a staunch Republican and a frequent critic of Democratic presidents, who could still put his country above his party.

Andrus Center, Baseball

A Baseball Purist Faces Facts…

Posted on March 9, 2015by christian

Winter is officially over. Baseballs are being tossed around in the Sonoran desert. I know because I sat in the sun this week and took in a spring training games in the
Cactus League. The adoring fans were in their seats – we San Francisco Giants fans tend to be a well behaved group – the brats were pretty good, the beer reasonably cold, the pitchers predictably rusty and the guys wearing uniforms with numbers like 79 and 93 looked a little stunned. Perhaps it was all the sun after a long, cold winter.

Or it might have been the one big surprise of spring training: the clock in the outfield.

One of the many things I love about baseball, at least until this year, is that there has been no clock. Theoretically a baseball game could last forever. What bliss. There is a shot clock in basketball. Periods are timed in hockey, football and (sort of) soccer, but baseball just unfolds slowly and at its own considered pace. However, it apparently unfolds more slowly than some in the Commissioner’s office think it should. So now we have a clock in the outfield specifying how long pitchers have to get ready between innings and how long the warm-up period lasts when a manager brings out the hook and a new thrower jogs in from the bullpen.

And the new rules designed to speed up the venerable game do not just involve pitchers. Hitters, some of whom treat each at bat as an orgy of unnecessary movement, are now expected to keep at least one foot in the batters box between pitches. No more, the theory goes, the endless and mindless stepping away from the plate, knocking the bat on the cleats, adjusting the batting gloves fourteen times, pulling up the sloppy pants, taking eleven practice swings and praying that you’ve guessed correctly that the next pitch is a fastball.

I predict pitchers will adapt better than hitters, but the throwers best get ready since a clock timing pitches is looming. The Arizona Fall League experimented with that concept last year and the average length of games dropped to 2:51. Double and Triple A will continue the experiment this summer. The big leagues can’t be far behind. Pitchers will protest the effort to make them work faster, but they should take it up with men and women on an auto assembly line. Greater production is the American way, even if it is not the way of a $20 million a year baseball pitcher.

The crack down is sure to come, as well, for hitters. Mike Hargrove, who during his
twelve year career played for the Indians, Rangers and Padres, was so slow making his way to the batter’s box with endless adjustments of his equipment and tugs to his uniform that he was dubbed “ the human rain delay.” Hargrove reportedly contended his routine – he did it between every single pitch – only took 19 seconds, but under the new rules ol’ Mike would likely be fined. Indians’ manager Tony Francona joked recently that were Hargrove playing today he would “be playing for free,” with all his salary consumed by fines generated by all his fluttering and flapping around home plate.

Major league baseball has finally decided that the game of the endless summer needs to unfold a little faster. Last year the average game took 3:08 and more than once – many more than once – I’ve sat until the last out of a game that took three and a half or four hours. Particularly if the beer is cold and the restroom a long walk those games do seem like endless summer.

I’m a baseball purist. I still don’t like the designated hitter, enclosed stadiums and too many night games. I like the players to wear their pants correctly, put a slight curve in the bill of the cap and wear the headgear straight on their heads. And like show girls, I like a ballplayer to show a little sock. Aluminum bats at the college level are about as welcome as a Clinton-Bush presidential match-up next year. I like guys who don’t wear batting gloves and do wear sleeves. Fake grass is just that – fake. I like pitchers who work quickly and batters who get in the box, stay there and take their cuts. I like fans that keep score and stay in their seats. I’m old school about baseball and proud to be.

But even a purist has to admit the typical game takes too darn long to play. Look at some old game summaries from the 1930’s and 1940’s and you will see games that took an hour and three-quarters to play. The average length of game in 1950 was 2:21; hardly time enough to get a second beer. A doubleheader (a thing of the past, sadly) in the old days could often be played as quickly as a single game today. I’m reluctant to embrace any change in the great game, but I hope the clock in the outfield cuts a few minutes off a game and that the hitters adjust their batting gloves before they get to the plate.

We may well continue the tradition that there is “no crying in baseball,” but we can’t say any longer there is no clock. We’ll see how it works. As a purist that hopes to see the game return to the old, quicker model – and if I could be Commissioner of Baseball for a while – I would forget the clock and demand players again wear those big, heavy wool flannel uniforms and dress in stuffy locker rooms without air conditioning. Ban Gatorade from the dugout. Play mostly day games, particularly in July and August. With the arrival of August’s really hot weather in places like Washington, Detroit and Atlanta the speed of play would surely increase. Players would decide, as Babe Ruth and Ty Cobb surely did in their day, that the only relief was a cold shower and a colder beer.

A more realistic purist might say it would be better if the players, managers and umpires just had a little talk and decided among themselves to speed up the game rather than introduce a clock to a game that has never had one, but every fan knows that is about as likely as the next 30 game winner or the Cubs winning the World Series.

There is so much to see at a baseball game, even when there isn’t much going on, but now we add the clock and one more old and dear tradition fades away. What next? Dodger fans arriving early and staying late? Yankee fans suddenly turning humble? A pennant in our nation’s capital? The Cubs in contention in September? Even on the clock a purist can dream, can’t he?

2016 Election, Campaign Finance, Health Care, Supreme Court

John Roberts: History is Calling

Posted on March 2, 2015by christian

The U.S. Supreme Court this week confronts partisan politics and history in a way that will profoundly impact the court as an institution and largely determine the fate of the controversial Affordable Care Act (ACA) – Obamacare.

In the curious way that American political history has of not exactly repeating itself, but of regularly returning to the same themes, it is fascinating to consider how the Supreme Court handled a similarly contentious issue 78 years ago. The issue then was different – state minimum wage laws in 1937 versus health insurance today – but the impact on the court as an institution and on American politics is still instructive. Some of the parallels are striking.

If Chief Justice John Roberts hasn’t done so he might want to read up on the back story in the case of West Coast Hotels Co. v. Parrish. The leadership exercised by one of his illustrious predecessors, Charles Evans Hughes, just might be useful for Roberts this week, since how the Chief handles the Obamacare case – King v. Burwell – may determine not only his own legacy but also the court’s standing among American voters.

The Supreme Court became the most controversial issue in American politics in 1937. Re-elected in a landslide in 1936, early the next year Franklin Roosevelt took dead aim at the Supreme Court that had dismantled key parts of his New Deal economic recovery program. In one of the most audacious proposals ever suggested by an American president, Roosevelt sent legislation to Congress – a Congress overwhelmingly populated with his fellow Democrats – that would have added six new justices to the Supreme Court. In one sweeping legislative action Roosevelt proposed to both liberalize the Court and at the same time neuter a co-equal branch of the federal government.

Through the long, hot and politically disagreeable spring and summer of 1937, Democrats fought with each, with their president and with Republicans over whether to give FDR what he dearly wanted – a very conservative Supreme Court remade overnight into a liberal supporter of his program. The American Bar Association, the nation’s major newspapers, organized labor and farm groups chose up sides and by the time the fight finally ended Roosevelt had suffered the biggest political defeat of his presidency. The Democratic Party that should have been at the zenith of its power was ripped apart and Roosevelt would never again command a working majority in Congress for his domestic agenda, but the Supreme Court as an institution remained unchanged.

The West Coast Hotels case was part of the reason. The Parrish in the case was Elsie Parrish, a chambermaid at the Cascadian Hotel in Wenatchee, Washington, a hotel owned by the West Coast Hotels Company. Elsie, joined by her husband, filed suit contending that she received sub-minimum wage compensation for the work she performed and she sought to recover the difference between what she was paid and the minimum wage established under Washington state law.

The question presented to the court when the case was heard late in 1936 was whether Washington’s state minimum wage law “violated the liberty of contract as construed under the Fifth Amendment as applied by the Fourteenth Amendment.” In 1923, in a similar case, the Supreme Court had overturned a District of Columbia minimum wage statute on grounds that it violated the Fifth Amendment’s due process clause. Early in 1936, the Court struck down a New York minimum wage law in a case that was almost exactly on point with the issues in the West Coast Hotels litigation. The New York decision was widely seen as a blow to New Deal-era reforms – FDR was incensed by the Court’s ruling – and the case seemed to offer further proof that the Supreme Court was hostile to nearly any type of regulation of business.

When the Washington State case came before the Court in December 1936 it wouldn’t have taken a clairvoyant to predict the outcome. But in the interval between the two nearly identical 1936 cases, something changed. What changed had been entirely political. Roosevelt was overwhelmingly re-elected by American voters who were clearly showing their support for his policies. In simple political language the conservative majority on the Supreme Court suddenly found itself dramatically at odds with widespread public sentiment.

A Switch in Time…

When the West Coast Hotels case came before the court in December 1936 – remember this was after FDR’s big re-election win – Chief Justice Hughes, who had been in the minority in the New York case, prevailed upon Associate Justice Owen Roberts – no relation to the current Chief, but like him a Republican appointee to the Court – to change his mind and wipe out the precedent that the Court had re-affirmed just ten months earlier. With the Chief Justice writing the majority opinion, the court upheld the Washington state law – the vote was 5-4 – and Elsie Parrish, the Wenatchee chambermaid, found that the state minimum wage law really did apply to her.

Next comes one of the best examples I know of how timing impacts politics. While the West Coast Hotels case was heard just before Christmas 1936, and Justice Roberts indicated in a conference with fellow justices two days later that he would change his mind, the decision in the case wasn’t made public until the following March, weeks after Roosevelt proposed his sweeping and controversial plan to reshape the Supreme Court.

To the public and press it looked like the Court was knuckling under to political pressure from a hugely popular president, when in fact the Court, under Hughes’ skillful leadership, had already made up its mind to directly reverse its earlier precedent in minimum wage cases. Still it was widely said that Robert’s switch helped save the Supreme Court with one wag saying, “a switch in time saved nine.” The great historian William Leuchtenburg called it the “greatest constitutional somersault in history.”

In reality, Hughes was a shrewd student of politics and had correctly read the election returns as a strong indication that public opinion was moving in the direction of a more activist role for the government in regulating the economy and American business. Hughes, very much a Republican and conservative, even admitted that the Court could no longer serve as “a fortress” against public opinion. In order to head-off the kind of sweeping political change that Roosevelt and others had in mind for the Court, Hughes knew his beloved Court had to change and lobbying Justice Roberts gave him his fifth vote. Hughes put his considerable muscle as a great Chief Justice behind his belief that the Court had to change in order to sustain its integrity and independence. Subsequent decisions by the Court in 1937 to uphold the Social Security Act and the National Labor Relations Act further helped doom Roosevelt’s court packing plan and at the same time helped maintain public confidence that the Court was able to respond to national problems during the greatest economic crisis the country has ever faced.

King v. Burwell…

The case at question before the Supreme Court this week – King v. Burwell – turns on just four words buried deep in the controversial 955 page legislation passed by Congress in 2010. The challenge to the ACA centers not on questions of constitutionality or the application of Congressional or Executive authority, but whether every qualified American is entitled to an insurance subsidy whether they enrolled for health insurance through a state or a federal insurance exchange seems certain to thrust the court into the middle of the most contentious political issue in recent history.

In taking this case the court has decided it must rule on what Congress meant when it wrote those four words – “established by the state” – into the law.

As David Cole wrote recently in The New York Review of Books: “The challengers’ statutory argument is deceptively simple. A subclause of the tax code setting forth a formula for calculating federal income tax credits provides that the amount of the credit depends on the number of months the taxpayer has been enrolled in a health insurance plan purchased on an insurance exchange ‘established by the State.’ Since an exchange established by the federal HHS is not an exchange ‘established by the State,’ they maintain, the law precludes subsidies for all residents of the thirty-four states that have exchanges created by HHS. The government counters that exchanges ‘established by the State’ is a legal term of art, and when read in conjunction with other parts of the ACA, it encompasses both exchanges that states themselves established, as well as exchanges that the states chose to have HHS create for them in their respective states.”

As a practical matter the health insurance exchanges in 34 states operate on the platform established by the federal government. If the court decides those exchanges are not subject to the subsidies – boom. Consider it the nuclear option. An estimated 7.5 million people in those 34 states will lose their subsidies, not be able to afford insurance and the great Obamacare experiment will tip over like Humpty Dumpty falling off that famous wall.

The committed opponents of the health insurance law will, of course, celebrate the death of the act they have tried to destroy once before in front of the Roberts’ court and more than 50 times on the floor of the U.S. House of Representatives. Should those challenging the law prevail it will be seen correctly as a huge victory for conservatives who hate Obamacare and a crushing defeat for President Obama’s signature legislative accomplishment. The impacts on the Supreme Court could be even more earth shaking.

Roberts is the man in the hot seat, just as Charles Evans Hughes was in 1937 and we already know he did some personal legal jujitsu to accommodate his own very conservative views to the political will behind the ACA when he cast the deciding vote to uphold the Act when it first came before his Court. In fact, there is one school of thought that Roberts has already found a way to uphold Obamacare from the latest challenge by invoking a very conservative legal principle – standing. It may well be that the plaintiffs in the King case don’t have the legal standing to even bring the case. We’ll see.

Hughes’ task in the New Deal-era was to save the Court from the kind of political interference Franklin Roosevelt had in mind. Roberts’ task today is to keep the Supreme Court, with its conservative majority, from using an extraordinarily narrow issue to kick the increasingly popular health care law in the ditch. Such a ruling would certainly please the legion of Obamacare haters, but at the cost of denying health insurance to several million Americans who now have coverage.

Conservatives who hope the Court will kick things in the ditch decry what they call “executive lawmaking” that “poses a severe threat to the separation-of-powers principles enumerated in the Constitution.” And they contend the president “has acted on the belief that legislative gridlock allows him to transcend his constitutional limits. A ruling that upholds this behavior would set a dangerous precedent for the nascent health-care law, which will be implemented for years to come by administrations with different views. More troubling, such a precedent could license virtually any executive action that modifies, amends or suspends any duly enacted law.”

But in the King case the dangerous behavior – you might read judicial activism – would be for a Supreme Court to impose its own notion of how an IRS rule ought to be applied; replacing its judgement for that of the branch of government changed with actually carrying out the terms of the law.

Long-time Supreme Court watcher and New York Times columnist Linda Greenhouse argues that nothing less than “the honor of the Supreme Court” is at stake in the King v. Burwell decision. “To reject the government’s defense of the law,” Greenhouse wrote recently, “the justices would have to suspend their own settled approach to statutory interpretation as well as their often-stated view of how Congress should act toward the states.”

At pivotal moments in American history various Chief Justices have guided the Supreme Court through some very hard cases. Hughes did it in the 1930’s. Earl Warren did it in the 1950’s with the Brown v. Board of Education ruling that separate but equal simply could not be Constitutional. Warren Berger did it in the 1970’s when he lead a unanimous Court that required Richard Nixon to turn over his White House tape recordings. In each case the integrity of the Court, as well as its ability to transcend, while at the same time respond to politics, was at stake. It’s also worth noting that in these historic cases a Republican chief justice appointed by a Republican president moved the Court in a new and important direction, while also keeping the Court out of the intense crossfire of partisan politics.

The same issues are at stake this week. Ironically, in reading the old West Coast Hotels decision, I noticed that one of the attorneys of record was named – John Roberts. For the Chief Justice history really is calling.