Friday, November 22, 2013

The New Court Packing Scandal

Mickey Kaus shares the real reason that Harry Reid has chosen the nuclear option, to be able to pack the D.C. Circuit Court:
Why Nuke Now? | The Daily Caller: "The D.C. Circuit, more than other circuits, is the central institution of America’s regulatory state, which is the basis for the booming economy of the entire National Capital area. Should this court become hostile to regulations, or capable of reviewing fewer of them, there might be correspondingly fewer reasons for corporations and other interests to hire connected D.C. lawyers to lobby government agencies to get the regulations they want, and to then defend those regulations when they’re challenged in court. And there’d be fewer reasons for young men and women to come to the capital to work in its agencies for a few years before moving into the private sector and becoming one of those lawyers corporations hire to manipulate the agencies they worked for."
The press has been chin pulling about the way that Republicans have held up the President's judicial nominees and whether it was really worse than the way that the Democrats held up Bush's nominees, but that is all a distraction. The give away is that nuke was detonated to add more judges to the D.C. Circuit, something which goes beyond the mere selection of judges that share your outlook to fill vacancies as they come up and actually allows the incumbent party to change the current composition of a court without waiting for judges to die off or retire.

Roosevelt's attempt to do this with the Supreme Court was one of the greatest mistakes of his presidency and one that cost him the most politically. The same ought to happen to Obama, but the press's fixation on the incidental details while ignoring the main story suggests that the One may get away without paying a price this time.

No comments: