Showing posts with label LBJ. Show all posts
Showing posts with label LBJ. Show all posts

Sunday, December 12, 2021

History and SCOTUS

 It's unfair that Republican appointees have dominated the Supreme Court for the last 50 years or so.  Elsewhere I've blamed LBJ for this. 

Currently liberals argue that the court is too conservative.  That's true.  But it's also true that the court has not always been a moderating influence, keeping America on a middle way. Back in the days of the Warren court it was fairly consistently more liberal than the country. IIRC there weren't majorities in the country supporting decisions like Brown, Carr, MIranda.  

It's also worth remembering that people on the right were talking about "Impeach Warren".  So far the liberals today aren't talking about impeachment.

Tuesday, July 13, 2021

LBJ Was a Great If Flawed President

 Noah Smith discusses the "War on Poverty"

It's obvious to me that LBJ was the greatest domestic president of my lifetime, excluding FDR since I wasn't aware of him.  

I suspect future historians will decrease the weight they give to Vietnam so he'll rise in their assessment.

Saturday, May 29, 2021

Memories of the Filibuster and House Rules

 Yesterdays failure in the Senate to take up the Jan 6 commission bill has evoked renewed discussion of the filibuster.

My memory of politics in the 1950's and 1960's was that the filibuster became an issue only in connection with a "civil rights bill".  There might have been other uses, but civil rights was the key, meaning the liberals were perpetually frustrated.  That's very unlike today, where the filibuster becomes a factor in most partisan issues. In the 1950's and early 60's the big obstacle to liberal proposals on issues other than civil rights was Rep. Howard Smith and the House Rules Committee. It took years of work by both JFK and, I think, LBJ to change the House rules to get more liberals added tot he committee. 

Back in those days breaking a filibuster required 67 votes, an almost impossible hurdle. But because party ideology was less important, national media in state elections of senators not important at all, LBJ was able to nickel and dime enough members to pass the civil rights bills, one reason why I regard him as a great flawed president.

Thursday, January 17, 2019

LBJ's Biggest Mistake: Vietnam or Fortas?

Was in a discussion this morning on Supreme Court confirmations, which caused me to remember one of LBJ's biggest mistakes. Briefly, without checking my facts, Earl Warren decided to retire in 1968 as Chief Justice. 

LBJ decided on a cute doubleplay--promote his attorney and longtime friend, Abe Fortas, from Associate Justice to Chief, and put Texan Homer Thornberry in to replace Fortas.  In my memory, LBJ could likely have gotten a different person confirmed as chief but Fortas was a bridge too far.  Not only was he a liberal justice, but he had always been an adviser to LBJ, something he continued as a Justice.  (Still not publicly known, he had a yearly retainer from Louis Wolfson, a wheeler-dealer of dubious reputation who had been convicted in 1967.) 

In 1968 LBJ had lost most of the clout he used to have, and people (senators) were tired of him.  So Fortas was not confirmed, meaning no vacancy for Thornberry to fill.  The next year Fortas was forced to resign over the Wolfson retainer, meaning Nixon could nominate and get confirmed the Minnesota Twins: Burger (as Chief) and Blackmun.

The bottom line: had LBJ paid more attention to ethics, he never would have appointed Fortas and continued using him as an adviser. And with better judgment he would have replaced Warren with a moderately liberal justice. Although Blackmun evolved into a liberal justice likely comparable to anyone LBJ would have nominated, a more liberal Chief Justice would have changed the composition of the Supreme Court for decades. 

As I think about it, our defeat in Vietnam seems to have been less consequential than we thought it would be in the 60's and 70's, while the changes in SCOTUS seem to be more consequential.  Hence my title.