`Limbaugh on decaf' soldiers on -- column of April 14, 2022

By MARSHA MERCER

Former Vice President Mike Pence’s speech at the University of Virginia Tuesday night was more like a hamburger than raw meat.

His remarks were as friendly and unfussy as a fast-food burger with a smear of spicy mustard. He was respectful, approachable -- “You can call me Mike” – and traditionally conservative.

His audience was polite and attentive as Pence boldly allied himself with the Constitution, Thomas Jefferson, his Christian faith, freedom, liberty, mom and apple pie. OK, he didn’t mention pie, though he did say he’s been married to a schoolteacher for 36 years, they have three kids and “the highest title I will ever hold is spelled D-A-D.”

Serving as vice president was “the greatest honor of my life,” he said, and he bragged on the last administration’s record. Never once did he mention Jan. 6, 2021, the insurrection at the U.S. Capitol, or the protesters that shouted, “Hang Mike Pence” as he and members of Congress hid.

Pence’s theme was “How to Save America from the Woke Left,” so, of course, he declared “Wokeness is running amok in our public schools and universities” and critical race theory is “nothing more than state-sanctioned racism.” 

He blamed the Biden-Harris administration for crime, high inflation, the worst border crisis in American history and a “tidal wave of left-wing policies that threaten to wipe out all the progress we made in four short years.”

His prescription was for young people to join the fight for liberty, but when a student asked if he would run for president in 2024, Pence said, “I will keep you posted.”

Republicans are waiting for Trump to actually say whether he’s running again. In any case, he ruled out Pence as his running mate.

Democrats are waiting too, although President Joe Biden said last year he will run with Vice President Kamala Harris as his running mate.

“Rush Limbaugh on decaf,” as Pence describes himself as a talk radio show host in the 1990s, may be the least scary of the GOP politicians who may compete for the White House in the election 200-plus days away.

This not a high bar in a Republican field that includes Senators Tom Cotton of Arkansas, Ted Cruz of Texas and Josh Hawley of Missouri as well as Florida Gov. Ron DeSantis.

Pence is on a speaking tour of universities sponsored by Young America’s Foundation, a conservative organization. His views on marriage, trans and gender issues have made him persona non grata to some and a hero to others.

In an editorial last month titled, “Dangerous Rhetoric is not Entitled to a Platform,” the editorial board of U.Va.’s student-run newspaper, The Cavalier Daily, warned Pence’s rhetoric “directly threatens the presence and lives of our community members,” including the LGBTQ community, and demanded the speech be called off.

In response, 17 professors, including political scientist Larry Sabato, wrote in a letter to the editor: “This speech-is-violence argument is not only wrong – no calls for violence will be issued April 12 – but also contradicts the letter and the spirit of the First Amendment, which generally creates space for a wide range of views to be expressed so long as the relevant speech does not incite violence.”

A handful of students protested outside Old Cabell Hall Tuesday, but in the auditorium, which was nearly full, everyone played nice. When a student asked Pence what he would do or say if one of his children came out to him as gay, he replied: “I’d look them in the eye and tell them, `I love you,’”

Then he told the student if they got to know each other, “You’d know the Pences love everybody.”

Love is an odd political strategy, to say the least. The recent Senate Judiciary Committee confirmation hearings for Ketanji Brown Jackson as an associate justice of the Supreme Court were viewed as an audition for the presidential campaign, and several likely GOP contenders bared their teeth in full, snarling mode.

Pence barks, but he wags more. He won praise for upholding the Constitution during the electoral vote count last year. He calls himself “a Christian, a conservative and a Republican,” in that order.

We’ll see if that’s enough to compete successfully against his party’s mean boys.

©2022 Marsha Mercer. All rights reserved.

Women's history -- We see it in the making -- Column of March 3, 2022

 By MARSHA MERCER

It’s hard to imagine a better start to Women’s History Month.

As President Joe Biden delivered his State of the Union address March 1, Kamala Harris, the first woman and first woman of color elected Vice President, and Nancy Pelosi, the first woman Speaker of the House, sat in the power seats behind him.

Next to first lady Jill Biden in the gallery was Ukraine ambassador Oksana Markarova. Prompted by Biden to show their support of the brave Ukrainians at war with Russia, the assembled leaders of the federal government gave the ambassador thunderous applause and a standing ovation.

Days before, Biden nominated Judge Ketanji Brown Jackson of the U.S. Court of Appeals for the District of Columbia Circuit to the Supreme Court.

“For too long, our government, our courts, haven’t looked like America,” Biden said Feb. 25, announcing his first Supreme Court pick. “I believe it’s time that we have a court that reflects the full talents and greatness of our nation, with a nominee of extraordinary qualifications.”

If confirmed by the Senate, Jackson will become the fourth woman associate justice on the nine-member court. Her addition will not change the ideological makeup of six conservative and three liberal justices.

Biden has praised Jackson as “one of our nation’s top legal minds,” a “consensus builder” and her experience as a former federal public defender.

Jackson, 51, a Harvard University and Law School graduate, would replace Justice Stephen Breyer, who is retiring and for whom she was a law clerk early in her career.

Beyond being a historic first, Jackson, a former special counsel to the U.S. Sentencing Commission, would also bring to the court a unique personal and professional perspective on criminal justice.

Her uncle received a life sentence in 1989 for a nonviolent drug crime under a “three-strikes” law. Year later, President Barack Obama years commuted the harsh  sentence, The Washington Post reported.

Confirmation hearings are scheduled for the week of March 21, and a full Senate vote could take place in mid-April. That still would be more time than Republicans took to confirm Amy Coney Barrett to the court in October 2020.

Confirmation requires a simple majority, but nothing is simple in a Senate that is split 50-50 between the parties. Jackson, a federal judge since 2013, was confirmed just last year to the appellate court 53-44, with support from three Republican senators -- Susan Collins of Maine, Lindsey Graham of South Carolina and Lisa Murkowski of Alaska.

But Graham has indicated he now may oppose Jackson as the choice of the “radical Left.” Republicans are expected to concentrate their questioning on her judicial philosophy.  

If all Democrats and independents are present and vote in favor of Jackson, Harris could cast the tie-breaking vote, although Democrats hope a few Republicans will back Jackson. 

Confirmation would be a historic first for Biden, too. In his official proclamation of Women’s History Month, the president touted his Cabinet as “the most diverse and gender-balanced” in history, including the first women to serve as Treasury Secretary and Director of National Intelligence, the first Native American woman as Cabinet secretary, and women leading the Departments of Commerce, Energy, Housing and Urban Development.

Women have also made gains in state government. The most women ever serve in state legislatures, according to the Center for American Women and Politics at Rutgers University.

In Virginia, the 2021 election brought a record number of women – 35 – to the House of Delegates and elected the first woman of color statewide, Republican Winsome Sears, as lieutenant governor.

Women’s History Month gives us the opportunity to reflect and celebrate the contributions of women in American history and to inspire – much as a young Black girl was inspired years ago by Constance Baker Motley, the first Black woman federal court judge.

“We were born exactly 49 years to the day apart,” Jackson said at the White House. “If I am fortunate enough to be confirmed . . . I can only hope that my life and career, my love of this country and the Constitution, and my commitment to upholding the rule of law and the sacred principles upon which this great nation was founded will inspire future generations.”

Let’s hope the Senate gives her that chance.

 ©2022 Marsha Mercer. All rights reserved.

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It's time for a Black woman Supreme Court justice -- Jan. 27, 2022 column

By MARSHA MERCER

When I wrote last October about liberal activists’ campaign urging Justice Stephen Breyer to retire, I mentioned President Joe Biden likely would nominate the nation’s first Black woman justice.

Some readers criticized the idea of making race and gender a factor.

A reader in Henrico, Va., wrote me: “Will people ever truly understand that it is better and more important to appoint the best possible justice, irrespective of race and sex?”

His question is a familiar one, but it implies “the best possible justice” can’t possibly be both Black and a woman. Even if unintentional, the implication is wrong.

Judges and justices who bring diverse experiences of more parts of society have a wider perspective that can enhance their fair and independent decisions. Their presence on the bench also helps inspire public confidence in the judiciary.

Ronald Reagan proved the wisdom of judicial diversity when he made a presidential campaign promise in 1980 to name the first woman justice to the Supreme Court. He nominated Sandra Day O’Connor the following year and she served for a quarter century before retiring.

Biden has made a concerted effort to name more women and people of color to the federal bench, and the Senate has confirmed 40 of his district and circuit court picks. That’s more than have been confirmed in a president’s first year since Reagan, the White House says. Among those confirmed last year, 80% are women and 53% are people of color.

In contrast, 85% of former President Donald Trump’s judicial nominees were white and 76% were men, according to the Alliance for Justice, a progressive advocacy association.  

With Breyer’s retirement, Biden is poised to make history while, like Reagan, delivering on a campaign pledge.

“I’m looking forward to making sure there’s a Black woman on the Supreme Court to make sure we in fact get everyone represented,” candidate Biden said at a debate days before the South Carolina Democratic primary in February 2020.

Breyer’s retirement comes as Democrats need to revive their base of support before the midterm elections.  Even if Biden hadn’t promised to nominate a Black woman justice, he probably would. It’s not only popular politically but the right thing to do.

It’s time a Black woman joined the nation’s highest court.

She will be only the third Black justice in history and the second, with Clarence Thomas, on the current court, and the fourth sitting woman justice, with Sonia Sotomayor, Elena Kagan and Amy Coney Barrett. 

Critics say Breyer, a pragmatic liberal, likely will be replaced by a liberal activist. Even if that is so, the liberal wing of the court will remain a three-justice minority. The six-justice conservative majority, including the three justices Trump nominated, will stand.

Senate Majority Leader Chuck Schumer promises a speedy confirmation process, and the Senate can move fast. Then-Majority Leader Mitch McConnell rushed Trump-nominated Barrett through last fall in one month.

The 50-50 Senate can confirm Biden’s nominee if all 50 Democratic senators stick together and are present that day, and Vice President Kamala Harris casts the tie-breaking vote.

It’s a stretch to think any Republicans will vote for Biden’s nominee – though three Republicans did vote last year to confirm Judge Ketanji Brown Jackson to the U.S. Court of Appeals for the District of Columbia. They were Sen. Lindsey Graham of South Carolina, Susan Collins of Maine and Lisa Murkowski of Alaska.

Jackson is on the likely shortlist of candidates for the high court. She also had bipartisan support when she was nominated for the federal district court in 2012. None other than Rep. Paul Ryan, Republican of Wisconsin, introduced her, saying:

“Our politics may differ, but my praise for Ketanji’s intellect, for her character, for her integrity is unequivocal. She’s an amazing person, and I favorably recommend her consideration.”

Ryan, who later became House speaker before retiring in 2018, is related by marriage to the judge.

Also on the shortlist: California Supreme Court Justice Leondra Kruger and federal District Court Judge J. Michelle Childs of South Carolina.

Any of them would make an honorable and qualified addition to the Supreme Court.

©2022 Marsha Mercer. All rights reserved.