Jimmy Carter

Not Quite #WhatTheyVotedFor

#Justice | #WhatTheyVotedFor

washington-v-trump-bw

Let us start with Maura Dolan of the Los Angeles Times:

A three-judge panel of the U.S. 9th Circuit Court of Appeals declined early Sunday to immediately block an order from a federal judge in Washington that halted the travel ban.

Instead, the panel established a rapid schedule for written arguments.

A brief from the two states that challenged the ban was filed early Monday. The administration’s response was due at 3 p.m. Pacific time. A panel ruling could come anytime after that―most likely within a week, experts said.

The three judges who happen to be sitting on the 9th Circuit’s motions panel this month and who will rule on the case are William Canby Jr., a President Carter appointee; Richard Clifton, appointed by President George W. Bush; and Michelle T. Friedland, appointed by President Obama.

Clifton is considered moderately conservative and the two Democrats are viewed as moderately liberal. The 9th Circuit is broadly viewed as the most liberal federal appeals court.

If Trump loses, he could immediately go to the U.S. Supreme Court. Justice Anthony M. Kennedy, who handles matters from the 9th Circuit, would probably ask the other justices to weigh in.

Erwin Chemerinsky, dean of the UC Irvine School of Law, suggested Sunday that the 9th Circuit was likely to rule against the Trump administration.

“Virtually every judge to consider the executive order has said that there is a substantial likelihood that it is unconstitutional,” Chemerinsky said in an email. “Both Republican and Democratic appointees have come to this conclusion. Having read some of the briefs in these cases, I think any court is likely to come to this conclusion.”

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What They Voted For: Swamp

#trumpswindle | #WhatTheyVotedFor

Republican presidential nominee Donald Trump answers a question during the third presidential debate at University of Nevada Las Vegas, 19 October 2016. (AP Photo/John Locher)

Who: Christina Flom (Roll Call)
What: “Rand Paul on Bolton Appointment: ‘Heaven Forbid'”
When: 15 November 2016

Roll Call brings us up to speed:

Kentucky Republican Sen. Rand Paul says that President-elect Donald Trump appointing former U.N. Ambassador John Bolton to his Cabinet would be a major step toward breaking his promise of “changing America’s disastrous foreign policy.”

Rumors that Trump is considering Bolton as Secretary of State prompted Paul to write an op-ed in Rare.us, calling Bolton “part of failed elite that Trump vowed to oppose” ....

.... Paul said no man “is more out of touch” with the Middle East than Bolton and that Bolton is unable to see the mistakes he has made.

“All nuance is lost on the man,” Paul wrote. “The fact that Russia has had a base in Syria for 50 years doesn’t deter Bolton from calling for all out, no holds barred war in Syria. For Bolton, only a hot-blooded war to create democracy across the globe is demanded.”

This is one of those interesting things Republicans do to themselves. The Kentucky also-ran is not without a point, but he’s also Rand Paul, and this is Donald Trump’s Republican Party, now. There really isn’t anything surprising happening, which is a strange thing considering it’s happening at all. Still, though, as Donald Trump continues to undermine pretty much every allegedly respectable reason anyone might have offered in defense of their vote, we should remember that it always was about supremacism and lulz.

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The Clown Car Breakdown

Detail of 'Saturday Morning Breakfast Cereal' by Zach Weiner, 12 June 2015.

Four paragraphs from Steve Benen:

Nine candidates would be a big field under any circumstances, but in this case, just the governors alone―Bush, Christie, Gilmore, Huckabee, Kasich, Jindal, Pataki, Perry, and Walker―had enough to field a baseball team. Add Democratic governors to the mix―O’Malley and Chafee―and the number swells to 11.

And at a certain level, this is understandable. For many in both parties, it’s long been assumed that governors have the edge in the party’s nominating contests, in part thanks to history―Reagan, Carter, Clinton, W. Bush, Romney, et al―and also because of the nature of the job. Being the chief executive of a state, the theory goes, offers ideal training for being the chief executive in the White House. Governors learn how to manage and respond to crises. They learn how to oversee a massive, bureaucratic team, while working opposite a legislature. They learn how to lead.

How many sitting GOP senators have ever been elected to the White House? Only one. It was Warren Harding, who was elected nearly a century ago. This is hardly accidental―Americans tend to hate Congress, so they don’t necessarily look to Capitol Hill for national leaders.

And yet, here we are. Two of the most experienced candidates of the cycle―Rick Perry and Scott Walker, both governors―have already quit (as has Lincoln Chafee). George Pataki and Jim Gilmore were excluded from the debates altogether this week, while Chris Christie and Mike Huckabee were relegated to the kids’ table, where they joined Bobby Jindal. Jeb Bush and John Kasich made the prime-time stage, but both are struggling badly. The latter faced booing.

This is actually important in its own right; in an anti-institutional year when career politicians who achieve governorships are actually being viewed as career politicians, the landscape really does seem strange from an unradicalized perspective. Indeed, how strange might we now find the recollection that back in April, even Sen. Ted Cruz (R-TX) was pitching for senators against governors in the presidential context. Even in unhinged quarters, gubernatorial experience was actually respected earlier in this cycle.

With a flaccid RNC and impotent Congressional leadership, the anti-institutional movement driving Donald Trump and Ben Carson to the top of the polls would seem to get the nod: Ladies and gentlemen, this is your Republican Party.

Nor might we begin to speculate at what that means. Still, as Phillip Rucker and Robert Costa of the Washington Post explore the now perpetual chatter of growing discomfort and even “panic” among establishment Republicans, it is hard to fathom the idea that even in the GOP, this is starting to become an American existential question:

The apprehension among some party elites goes beyond electability, according to one Republican strategist who spoke on the condition of anonymity to talk candidly about the worries.

“We’re potentially careening down this road of nominating somebody who frankly isn’t fit to be president in terms of the basic ability and temperament to do the job,” this strategist said. “It’s not just that it could be somebody Hillary could destroy electorally, but what if Hillary hits a banana peel and this person becomes president?”

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Image note: Detail of Saturday Morning Breakfast Cereal by Zach Weiner, 12 June 2015

Benen, Steve. “Governors find a hostile 2016 landscape”. msnbc. 13 November 2015.

Rucker, Phillip and Robert Costa. “Time for GOP panic? Establishment worried Carson or Trump might win.” The Washington Post. 13 November 2015.

The Donald Trump Show (Un-Obama)

Donald Trump pauses during a speech while making a surprise appearance at the Conservative Political Action Conference in Washington, D.C., Thursday, 10 February 2011. (Photo: Gage Skidmore)

This really is putting the cart before the horse, as excerpts go―

Trump is likely to have a tough time getting the Republican nomination. Back in 2000, John McCain had exactly the right message after Bill Clinton: straight talk. But conservatives didn’t trust McCain. McCain had challenged conservatives’ ascendancy over the Republican Party, so conservatives rallied behind George W. Bush. And ran a vicious campaign in the South Carolina primary to stop McCain.

Now another Bush is trying to stop the frontrunner by attacking his conservative credentials. “Mr. Trump doesn’t have a proven conservative record,” Jeb Bush charged last week. “People will vote for a proven conservative leader.” Bush is going to have to get a lot tougher than that. The Bush family proved in 1988 and 2000 that they can get pretty nasty.

Trump offers decisiveness, which is something a lot of voters are missing in President Obama. That’s why Trump has acquired a following. But brashness and boorishness come with the package, and that will make it tough for Trump to expand his following. Most voters find those qualities repugnant. And unpresidential. Too much unlike Obama.

―but the path Bill Schneider forges to that reach conclusion really is worth the time to read.

He makes a reasonable point.

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Image note: Conservative Political Action Conference in Washington, D.C., Thursday, 10 February 2011. (Detail of photo by Gage Skidmore)

Schneider, Bill. “The Un-Obama”. The Huffington Post. 23 August 2015.