Linda Greenhouse

  • March 22, 2012

    by Jeremy Leaming

    Someday soon, perhaps not soon enough, the fear mongering over the landmark health care reform law, the Affordable Care Act, will be relegated to the dustbins of history.

    The scare tactics we’ve lived with for what feels like a decade – the ACA’s minimum coverage provision, requiring Americans who can afford to do so to start paying for a minimum amount of health care coverage in 2014 is an unprecedented expansion of congressional power and a dire threat to liberty as we know it – are getting even louder as oral argument in the case approaches.

    The usual suspects, Fox News and rightwing radio host Rush Limbaugh have been the ringleaders of sloppy reasoning and fear mongering, as Media Matters’ David Lyle notes in cogent fashion.

    Lyle’s piece documents the shrill arguments – you’ve heard them – if Congress can force us to purchase a minimum amount of health care coverage, then surely it'll pass laws soon to force us to purchase gym memberships, organic foods, and American automobiles.

    But Lyle notes this “slippery slope argument turns out, however, to be too slippery by half, and it gets both the Constitution and the facts of the health care marketplace wrong.”

    On a Feb. broadcast, Limbaugh suggested once people are required to purchase a minimum amount of health care coverage, then what can stop the government from “making us buy a stupid electric car.” Lyle cites a slew of other examples peddling the slippery slope scare tactic.

    But Lyle notes, what others have before “legal and health policy experts have explained, contrary to the right-wing’s ‘broccoli mandate’ talking point, the Affordable Care Act appropriately addresses failures in the health insurance market using the broad powers the Constitution gives Congress to regulate the national economy, and does not lead to the absurd results opponents have imagined.”

  • December 19, 2011

    by Nicole Flatow

    The Senate concluded its last official day of business for the year on Saturday, without taking action on more than 50 judicial and executive branch nominations ready for an immediate Senate confirmation vote.

    Majority Leader Harry Reid had asked the Senate to quickly confirm all 50 nominees, but Minority Leader Mitch McConnell objected to his request, saying that he would not agree to any confirmations without assurances from President Obama that he would not make any recess appointments during the Christmas break, The Hill reports.

    “By refusing to consent to votes on consensus nominees before the end of the session, Senate Republicans are setting another damaging standard that will make it difficult for future Presidents of either party to fill judicial vacancies,” said Senate Judiciary Chairman Patrick Leahy in reaction.

    Among the nominees left behind were 21 judicial candidates, almost all of whom were approved by the Senate Judiciary Committee with significant bipartisan support. But these nominees, who would have once been confirmed without delay, have been subjected to unprecedented obstruction.

    Last month, Senate Republicans filibustered the nomination of former New York State solicitor general Caitlin Halligan to the U.S. Court of Appeals for the D.C. Circuit, who had broad bipartisan support and was rated unanimously well qualified by the American Bar Association.

    In a New York Times column reacting to the news, American Constitution Society Board Member Linda Greenhouse lamented, “Now that another highly qualified judicial nominee has been left as road kill, the question is how much lower can the confirmation process sink.”

    Added Sen. Leahy, “It is wrong to dismiss the delays resulting from the Senate Republicans’ obstruction as merely political tit for tat. This is a new and damaging tactic Senate Republicans have devised.  They are stalling action on noncontroversial nominees. Meanwhile, millions of Americans across the country who are harmed by delays in overburdened courts bear the cost of this obstruction.”

    Leahy continued:

  • September 2, 2011

    by Jonathan Arogeti

    Those who dissented in Citizens United v. FEC, might have had an unexpected ally in the late former Supreme Court Chief Justice William H. Rehnquist, writes Linda Greenhouse in a New York Times Opinionator blog post.

    Greenhouse points to Rehnquist’s 1978 dissent in First National Bank of Boston v. Bellotti, which overturned a law that banned corporations from spending money in public referenda in a similar 5-4 split decision. (Read his dissent here.) Although he led the Court’s “federalism revolution” in the 1990s as chief justice, as an associate justice, he held the position that Greenhouse says, “[L]iberals occupy today.”

    Rehnquist did not dispute corporate personhood in Bellotti, but he recognized it as “artificial” and not “natural.” Greenhouse continues, “A corporation’s rights were not boundless but, rather, limited, and the place of ‘the right of political expression’ on the list of corporate rights was highly questionable.” The benefits the state bestows upon a corporation, such as “perpetual life and limited liability,” predicted the dissent, might “pose special dangers in the political sphere.”

  • April 21, 2011

    With judicial nominations continuing to stall and no known Supreme Court vacancies on the horizon, “there are no excuses” for not filling the vacancies on our federal courts, ACS Board Member Linda Greenhouse writes in The New York Times.

    Greenhouse’s piece comes on the same day as a CNN report documenting the “dire situation caused by a massive [judicial] nominee logjam on Capitol Hill.”

    That judges are “among a president’s most important legacies is an observation so obvious as to be platitudinous,” she writes, blaming both Republicans and Democrats for continued obstruction.

    The Republicans’ strategy in blocking nominees, she asserts, is not about “anything that the Republicans say or imply it’s about” other than blocking judges who may eventually arise as nominees for future Supreme Court vacancies.

    But, she asks, why hasn’t Senate Majority Leader Harry Reid “scheduled a vote that would dare the Republicans to state their objections” to D.C. Court of Appeals nominee Caitlin Halligan, whose “qualifications are beyond a possible doubt” and who has nothing senators can hold against her but “excellence and career potential”?

    And why hasn’t President Barack Obama made more judicial nominations?

    “[Y]ou can’t confirm someone who hasn’t been nominated,” she writes.

    Read the full article here. And visit JudicialNominations.org to learn more about the judicial vacancy crisis and follow developments.

  • October 22, 2010

    The struggle for an independent judiciary and the politicization of judging, at all levels of government, was made clear this week when a retiring administrative law judge on the Commodity Futures Trading Commission alleged that his colleague made a secret deal with a former Republican chairwoman of the agency to rule against all plaintiffs. As The Washington Post reported, George H. Painter, one of two administrative law judges who adjudicate complaints by investors alleging violations of the agency's rules, wrote in a notice that the other judge secretly promised the chairwoman that he would never rule in a complainant's favor. "A review of his rulings will confirm that he fulfilled his vow," Painter wrote in the document, which he submitted at the time of his retirement announcement. Painter said he could not "in good conscience" allow any of his pending cases to go to Judge Bruce Levine, and asked the agency to find an administrative judge from elsewhere in the federal government to take on his cases.

    Meanwhile, Linda Greenhouse questioned whether Chief Justice John Roberts would  "take a page from his mentor," former Chief Justice William H. Rehnquist, and use his end-of-the-year announcement to draw attention to the vacancy crisis and chide the Senate for its inaction.