📰 Returning to a Balanced Court – A Proposal

Recently, the subject of “Court Packing” has been in the news, because of the Trump administration’s perceived “packing” of the court with Conservative justices, which itself was the byproduct of the Republican Senate refusing to process President Obama’s nominees for the court during his last term. The imbalance this created has led to the desire for a return to balance, which is the goal of what we hear called “court packing” (which, itself, is a pejorative term creating bias — the real goal is a “return to court balance” of having an even number of Justices from each side). There have been other approaches  floating around out there, most centered on the notion of getting rid of lifetime terms for judges, and instituting term limits. Here is my proposal:

  1. All nominees by a President for the Appellate or Supreme Court must be approved or rejected by the Senate within 90 days of nomination. Failure to act results in the nominated Justice receiving an automatic interim 2 year appointment to the position, after which the Senate must approve or reject for the Justice to continue in the position.
  2. All Appellate and Supreme Court Justices must have their positions reconfirmed by the Senate on every 11th anniversary of their starting in the position.
  3. All Appellate and Supreme Court Justices have a term limit of 31 years. At this point, a two-thirds vote of the Senate can extend their term for additional five year terms.

This would apply to new and sitting justices. This creates no new immediate openings, but does provide the opportunity for greater turnover in justices, and the ability to more easily remove weak or bad justices. By using odd numbers for the terms, this staggers the reconfirmation process across 8 year Presidential cycles, hopefully restoring balance as the political pendulum swings.

 

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🗳 November 2020 Ballot Analysis – The People

One of the key hallmarks of this election season will be the need to vote early (and not, as Trump says, to vote often). So to that end, I’m beginning my ballot analysis as early as possible.This post looks at the candidates for the legislature, other state-wide offices, and local offices. I’m not covering the Presidential election in this post: you probably know where I stand on that one, and I don’t believe there is anything that could get me to vote any way that furthers the term in office of the current occupant of the Oval Office. B”H 2020.

But as for the other offices… note that for most of these, we’ve seen the matchups before from the primary, I’m only revisiting that assessment if my candidate from then is no longer on the ballot, or if events have caused a reassessment of my position. ° indicates an analysis repeated from my primary analysis in March 2020.

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🗳 November 2020 Ballot Analysis – The Propositions

One of the key hallmarks of this election season will be the need to vote early (and not, as Trump says, to vote often). So to that end, I’m beginning my ballot analysis as early as possible. California has published the list of qualified ballot measures for the November ballot, so what better place to start. This is especially true because as of Labor Day weekend, there were twelve statewide ballot measures! So let’s start going through them. My starting point on this analysis, as I don’t have the ballot pamphlet yet, is Ballotpedia. This post covers the 12 measures on the California State Ballot, plus two local measures that will be on my ballot: a #DefundThePolice related measure on the LA County ballot (Measure J), and an LA Unified School Bond measure (Measure RR). Note that this was written Labor Day weekend, so we may learn more about all of these.

Tomorrow I’ll post my analysis of the people on the ballot.

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🗳 Struck by a Statement

While reading a summary of the closing night of the RNC, I was struck by a statement of President Trump:

“This election will decide whether we will defend the American way of life, or whether we allow a radical movement to completely dismantle and destroy it”

Understand what is being said here. The “American way of life” Trump seeks to defend is one in which:

  • The wealthy get wealthier, and the poor … get poorer or stay the same.
  • The Whites retain their privilege in society.
  • Women remain 70% citizens, and decisions about their bodies are made by men.
  • Blacks and minorities are inherently viewed as something untrustworty.
  • Militaristic policing is acceptable.
  • Bending, exploiting, and cheating the system for personal gain is acceptable
  • The rules don’t matter if you have wealth.
  • Religion should dictate the rules we follow.
  • The dictates are caring about yourself, and leaving others to fend for themselves.
  • Election interference by foreign governments or to benefit the party in power is acceptable.

The supposed “radical” movement is one that believes the notion of equal justice applies to all, and that injustice to one is injustice to all. The “radical” movement believes that for society to be healthy, everyone needs the ability to be healthy — in mind, body, and spirit. The “radical” movement believes that government should work FOR the people, not for their personal gain or the gain of their friends. Oh, and that “equal justice”? That also means that wealth does not allow you to bypass justice or societal obligations: you are part of society, you are subject to the rule and you pay for the upkeep of society. Oh, and that “radical” movements believes elections should be fair, and that every citizen should vote and have that vote counted.

Funny, but I don’t see the “radical” group as destroying America. I see them preserving and defending the ideals that made America great, not the invasive attitudes that are destroying it. I see this radical group as building America back, better.

B”H 2020.

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🗳 What To Look For at the RNC

On August 24, the Republican National Convention (RNC) starts. As I watched the closing hours of the Democratic convention, a number of questions came to me. As you watch the RNC, I encourage you to ask yourself these questions:

  • Would President Trump give out his personal phone number and encourage someone to call him just to talk? If that person did, would Trump make the conversation about him?
  • Does the Republican Party/Trump have a specific health care plan? Does it cover people with pre-existing conditions, and does it make health care possible for people who lose (or do not have) employer provided health insurance?
  • Does the convention/Trump emphasize that the lives of minorities matter, and discuss specific ways of ensuring that they do?
  • Does the convention/Trump use coded language, such as an emphasis on “law and order”, “the blue line”, or raising the fear of “low income people” in “nice suburbs”?
  • Does the convention/Trump embrace the immigrant and the refugeee?
  • Does the convention/Trump celebrate diversity? How diverse was the speaker line up, vs. tokenism (i.e., just a few minority speakers thrown in to break the whiteness)?
  • Does the convention/Trump talk about economic adjustment for all, or do their economic plans only benefit those who currently have?
  • Does the convention/Trump guarantee to strengthen, not weaken, social security?
  • Does the convention/Trump guarantee a reliable and speedy postal service?
  • Does the convention/Trump emphasize the power of your vote — the power of every vote — and make clear they will do all they can to make sure every citizen can vote and every citizen’s vote is counted?
  • Does the convention/Trump recognize their failures in the handling of the Coronavirus pandemic, and they offer specific fact based solutions moving forward?
  • Does the convention/Trump indicate that they will listen to experts, or will they just follow popular opinion and pundits?
  • Who did the convention indicate was the strength of the nation: the people, or the president? To put it another way: Was it about you, or was it about Trump?
  • Was there any acknowledgement of any mistakes made during Trump’s first term? Any administration, being human, makes mistakes.
  • Does the convention/Trump embrace all in the country, even the other party, or do they speak only to their base?
  • Does the convention/Trump present a plan to address climate change and the impacts of increasingly severe weather incidents, or does they ignore it or treat it as a hoax?
  • Do they accept responsibility for any of the problems of the last four years, or is always blamed on someone else (Obama, Biden, Clinton, Democrats, etc.)
  • Does the convention/Trump condemn white supremacy, white supremacists, and racism and antisemitism?
  • Does the convention/Trump embrace peaceful protest, or do they say it must be subdued?
  • Does the convention/Trump demonize the other party, or do they recognize that multiple views are a hallmark of this country?
  • Does Trump show vulnerability as a person? Do they describe the hardships that shaped their life and help them emphasize with the common citizen?
  • In Trump’s acceptance speech, is it coherent with clear thoughts? Are there complete and coherent sentences? If it is being read from a teleprompter and not off the cuff, does it sound like it is a passionate belief from a positive speaker, or someone who is uncomfortable?

I think as you answer those questions, and compare it with the DNC, Biden’s story, Biden’s emphathy, Biden’s plan, and Biden’s acceptance speech, you find there is only one way forward.

Vote Biden/Harris. Make sure you vote is received and counted. Let’s return to normalcy and both sides talking to each other. Let’s build back better.

[Text “VOTE” to 30330 to learn how to make sure your vote is received and counted.]

ETA: PS. If you think this list is not-so-thinly veiled subject criticism … it is. But then think about what each question is implicitly criticizing, and whether you are OK with that. If you are, think about what that says about you as you vote to keep things going the way they are. However, if you are not OK with what is going on with this administration, then vote to make a change.

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🗯️ Choosing Between Who You Have, Not Who You Wanted

Reading through my FB feed (the FB curated one), I see lots of posts from Bernie supporters who are pissed at his suspending his campaign, and who are pissed at Biden for who he is and who he isn’t. In their anger, I see them talking about voting third party or not voting at all.

Take your time and mourn the loss of your favorite candidate. We all have. We each had our favs, and except for a small number that were Biden supporters since Day 1, they are gone. But then think about this.

  1. By the time you reach a general election, the choice is rarely between who you want, but who you have. Every candidate will have flaws, and the choice boils down to not who is the best candidate, but who, amongst the candidates you have, is marginally better.
  2. I see a number of folks who are upset about Tara Reade’s claim of sexual assault against Joe Biden in 1993 and Biden’s failure to acknowledge it. For this reason, they say they will not vote or will vote third party. But you won’t find perfection, especially in politicians of Biden’s age who grew up before sexual harrassment was a term. Instead, look for patters. Biden has ONE claim, from over 20 years ago. Trump has more claims than you can shake a stick at, many of which are relatively current. Biden did something wrong once, and has not reoffended. Trump has a continual pattern of offense. So between those two choices, who has the better history?
  3. I see a number of folks who are upset at Biden’s position on M4A. But have you read that position? He’s not against M4A, per se, but he is against two things: (1) The cost of the proposals that are out there, and (2) the timing of the proposals that are out there. If a proposal got to his desk that actually covered the costs in a reasonable manner, he would likely sign it. But none of the proposals out there have done that, and unlike the current administration, he is concerned about the national debt and how we will pay for things. But more importantly, he wants healthcare coverage for people NOW. Instituting M4A will take years, and given Congress, won’t provide coverage for everyone until 5-10 years down the road. On the other hand, he can tweak Obamacare to provide a Medicare option for all who want it quickly, and he can get that through Congress. If people vote with their pocketbooks and choose Medicare, there is essentially Medicare for all, and if they do that, it is easier to convince Congress that the other options are not necessary. Think about things; don’t just circulate memes.
  4. The election is about so much more than Joe Biden, the man. It is about the administration that comes with them. Think about a Biden administration vs. a Trump administration. Who would be appointed to head the Federal agencies under each administration? Who will be appointed to judgeships and the Supreme Court? Who will listen to science? Who will listen to the experts, vs. the sound of their own voice? Who has the ability to work with Congress to get the bills needed to be passed passed?
  5. I’ve seen complaints that Biden is bland, and my answer is… so? We’ve had four years of a President who is far from bland, who believes everything must revolve around him, and who has us lurching and reeling from the craziness. Perhaps a bland respite for four years is what this country needs to regain its bearing. Get us back to normal, let Biden groom a VP that can do the real work of moving us forward. Think of Biden as that Interim President who will help the country heal from the Trump years (and yes, confront the changed reality due to Coronavirus). We can use that healing.
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🗳 To Bernie or Not To Bernie, That Is The Question?

As a current (reluctant) Biden support in this period before the nomination is settled, I’m between two camps on Facebook.

On one side, predictably, are my few Conservative friends I’ve retained. They are, again predictably, going on about Sanders and his Socialism. I try to distinguish for them between Social Democracy and Socialism, but they don’t hear me. They’ve likely made up their minds already, but I also know there are loads of Republican moderates out there hearing the same thing, and believing Sanders is a Socialist, which is the same as a Communist.

On the other side are my friends who are (quite rightly) concerned heavily about social justice. They love what Sanders says and want me to love it as well. They feel that we need the most progressive candidate possible to pull the country to a place where it can do the most for the people with the least, where it can protect all those that need protection, where the economic and social inequality that has been acerbated by the Trump administration can be addressed. They fervently believe that Bernie is the only way to get to where they want this country to be; they believe that Biden is only slightly less evil than Trump, given his long history. They fear a Biden administration.

I’m sitting here between these two camps, reluctantly going with Biden because the other choices I like have left the race. Most have endorsed Biden, in fact. I don’t believe Biden is perfect — far from it. But I do believe that (a) he will respect the rule of law and the authority of Congress; (b) he will attempt to restore what Obama did right and fix what Obama got wrong or didn’t complete; and (c) he will respect Science and will work to address the climate crisis. I do sincerely hope that he picks a female running mate, not a sitting Senator, and that he commits to serving only one term (a good way to address the issues, and reduce the appearance of wanting power for power’s sake).

I also strongly believe that Sanders would be most effective in the Senate, working with Warren, Booker, and Klobuchar, to bring about the progressive policy that we need. They are much more effective and persuasive there, and they can introduce (together with their colleagues in the House) and bring the progress we need to put the bills on the President’s desk.

But that doesn’t stop the voices from both sides. So, Sen. Sanders (or your supporters), here’s what I would like from you:

  • A clear statement, explanation, repeated often, as to why you are not a Socialist and why what you are proposing is not Socialism. I don’t think it is, but I understand Social Democracy. Most don’t. Until you can get that clearly articulated, and get America believing that you are not a Socialist, that label will be a bludgeon used against you by the Trump campaign.
  • A clear statement that you will not be an ideological purist. The Congress will quite likely pass policies that are not as progressive as the stands you are promoting in the campaign. I want assurances that you will support moving the needle in the correct direction, even if it isn’t the utopia you want right away.
  • Ideally, the same pledge I want from Biden: You will be a one-term President. You are old, and the best way to address your age is to make your administration transitional. Pick a Vice President who will further your agenda, be younger than you are, and be someone you can train to replace you.

Because I want to get rid of Trump, I’ll still support you if you are the nominee. But others may not. Addressing the items above may help you get that landslide you would need to make the election unquestionable.

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🗳 Biden or Bernie? Making a Decision to Move the Needle Forward

Boy, they are dropping like flies. They’re dropping left and … left and … left and … far left. So, unless you’re in Tulsi‘s camp, you’re left with two old white men: Joe Biden and Bernie Sanders. I know some Sanders supporters that indicate that they will not vote for Biden (although these points should be considered). I know people reluctantly voting for Biden who are unsure they could vote for Bernie. I have two things to say, especially to those groups:

  1. Ultimately, the progressive policies you want will come from Congress. Laws need to be a changin’, and that starts with Congress — which is why a Democratic (and progressive) Senate and House is critical. If Biden got a progressive bill from Congress, he would likely sign it. If Sanders got a bill that didn’t reflect his specific policies, would he sign it? I’m not sure. But here’s the key thing: If we don’t have both houses as Democratic, no progressive bills will be landing on anyone’s desk. What is important is moving that needle forward, even if it doesn’t go as far as we would like. The NEXT Democratic president can get it over the goal line if it is closer (and I’d love to see a pledge from both Bernie and Biden that they would be one-term presidents, given their ages). So we need to make sure we take BOTH houses.
  2. There’s a meme going around that makes a great point (which I’ve slightly modified): You’re not voting for President. You’re voting for who replaces Ruth Bader Ginsberg. You’re voting for the next Secretary of Education. You’re voting for who nominates Federal Judges. You’re voting for saving national parks. You’re voting for clean air and clean water. You’re voting for scientists to be allowed to speak about the climate crisis. You’re voting for what the President says on Twitter, and the image that is presented by the President of this nation to the world. You’re voting for housing rights. You’re voting for LGBTQIA people to be treated with dignity. You’re voting for non-Christians to be able to adopt and to feel like full citizens. You’re voting for the Dreamers. You’re voting so there will be Social Security and Medicare when you retire. You’re voting for veterans to get the care they deserve. You’re voting for rural hospitals. You’re voting so that someone else can have health insurance. You’re voting for PBS and the National Endowment of the airs. You’re voting to have a President that doesn’t embarrass this country in the community of nations. Your voting against an administration that only allows congruity with what they are thinking or saying, whether it is right or wrong, constitutional or not. You’re voting to restore us as a nation that respects the checks and balances in the constitution.

No Democrat is perfect. The nominee will not be perfect. They won’t pass your purity test. Both of them have non-problems that Trump will exploit as if they were real problems (Biden has the Ukraine; Bernie has that pesky “Socialist” label). Yet either of them will be better than four more years of Trump. Either of them will help move the nation to a more progressive point. Perhaps it may not be fully to where you want the nation to be. But remember the Pirkei Avot, which notes, “You are not obligated to complete the work, but neither are you free to desist from it.” We may not be able to elect that perfect candidate, and our nominee may not be whom we want to be. But we need to vote for them, in order to help make progress on the work. The subsequent administration can finish the job. We all know that voting for Trump, or sitting on our hands and not voting, will do nothing to move that needle forward. Further, if you do a partial ordering comparison of the candidates, any Democratic candidate is better than Trump (assuming you are not a Trump sycophant, in which case I’m unsure why you’re reading this).

“You are not obligated to complete the work, but neither are you free to desist from it.” Something great to remember this election.

P.S.: For those who are arguing that the moderates lost against Trump, given Hillary’s performance. You’ve fallen for the Trump narrative. Remember: Hillary Clinton WON the popular vote by a significant margin. She lost the Electoral College because of how she managed the ground game, writing off key states and losing their electoral votes. The issue is not the strength of the moderates or the progressives, but the strength of the machine, and the importance of not writing off ANY state in advance. We need to ensure that the Democratic nominee campaigns in all states, and gets out the Democratic vote in all states. Do that, and the Democrats will win — and that’s from the top to the bottom of the ticket.

P.P.S.: Please don’t construe this post as saying you should vote Biden (or vote Bernie) at this point. Until we reach the convention, campaign for the candidate you feel will be the best at the top of the ticket. But remember that the top of the ticket is only part of the story, and the essential thing is to get a Democrat in office to replace Trump, and to take a majority in both houses. Once we are past the convention, we need to remember that our goal is to move the needle forward, not to complete the work … and that either Biden or Bernie is better than the Donald.

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