The job was bigger than they thought
The Short Version
Apparently, no one in the transition team for the new president thought the days would pass so quickly. As a new president takes the oath of office, and members of the Obama administration begin to move out, there is a shortage of staff members. Specifically, about 640 positions that require Senate confirmation are empty. Those people just happen to be necessary for the day-to-day operation of the country. So, the new president has asked 50 members of the old administration to stay on temporarily.
A Litte More Detail
You would have thought they could see this coming. In fact, had the transition team followed the original plan laid out by New Jersey Governor Chris Christie, they probably would have been all set and ready to go into today with new people filling all the important seats. Unfortunately, Mr. Christie got the “you’re fired” memo ten weeks ago and he took his plan with him. Indiana Governor and vice president-elect took over the transition team without a clue as to what he was doing. Under Mr. Christie’s plan, all appointees requiring Senate confirmation would have been named by the first week in December. Mr. Pence had no such plan.
As a result, key members of the administration are not in place, or even close to it, as the new president takes the oath of office. This is a problem for critical offices such as the State Department who never actually get a day off. There’s always something going over there. Yet, there’s no one sitting in that seat just yet. The appointee to the office of Secretary of State, Rex Tillerson, isn’t close to being approved by the Senate. So, Obama appointee Thomas A. Shannon, Jr. has been asked to stay on until the Senate has time to take action.
Is this surprising? Not for anyone who is familiar with the scope of the transition of government. Anyone who has been in Washington, D. C. during a period such as this understands just how coordinated everything must be to cover all the bases in a relatively short time between the election and the inauguration. However, we didn’t elect anyone with actual government experience, did we? So, they were caught off-guard by the fact they couldn’t just hire all their friends and relatives and expect the Senate to just say, “Hey, they seem nice enough. Let ’em all in.”
What Happens Next?
The Obama appointees can stay on as long as the new president needs them. There is no timetable for Senate confirmation and nothing says that everyone absolutely, positively has to be gone by today. In fact, with over 600 appointments still to go, most of which have yet to be named, its quite likely that there could be remnants of the Obama administration lingering in fairly high positions of power well into the first year of the new administration.
Not helping matters any is the grilling that almost all of the new top-level appointees are getting from the Senate confirmation committees. As the Senate exercises extreme and partisan caution in approving cabinet members, it slows down the rate at which mid-level appointees can be vetted and approved. While it’s not unusual for some positions to go unfilled for a year or more, the number of vacant positions facing this administration is alarming and a cause for some concern.
While no one is likely to notice anything amiss over the weekend, matters related to international affairs, the economy, and employment could start rearing their ugly heads as early as next week. Without anyone authoritatively taking the reigns in those departments, what are typically mundane matters of paperwork are likely to go undone, leading to a ripple effect of consequences. The end result could potentially be catastrophic.
Not that the incoming president seems to care. He’s been noticeably hands off throughout the transition period.
If this is the way the administration is going to be operated for the next four years, we could see an increasing amount of chaos and much of the actual workings of the government could come to a screeching halt.
This is what happens when we elect someone who doesn’t have a clue how government actually works. While the new president is familiar with television reality, Washington reality is a different sort of program and this administration is far from being ready for prime time.
Who Is Neil Gorsuch?
The Supreme Court nominee could backfire on the president
The Short Version
The 45th president announced his Supreme Court nomination last night, 10 circuit appeals court judge Neil Gorsuch. Gorsuch is a conservative who says he tries to emulate the late Antonin Scalia, whose seat he takes on the court. However, if Gorsuch’s writings forecast how he might vote, the president could be surprised with the outcome.
What We Know Now
The White House tried to hype the announcement of the president’s Supreme Court nominee as though it were a game show finale. Media was led to believe that two finalists were being flown in and that the “winner” would be announced live on primetime television. That wasn’t what happened.
Instead, the announcement was quite routine, to the point of almost being boring. Gorsuch had been the front runner all through the vetting process. He was the only person standing with the president when the announcement was made. Gorsuch made the obligatory speech where he recognized the solemn duty of the high court and promised to uphold the Constitution. We would have been deeply disturbed had he said anything else.
What happens now, though, is something most of us couldn’t survive. Senator’s interns and legal assistants started immediately last night digging through everything that Gorsuch has ever written and every decision in which he has had a part. They are looking for anything that might indicate he could spell trouble for the court. If Republicans find that he might not hold to their values, they can kill the nomination before it reaches the full Senate.
They’re not likely to find anything that will immediately unseat Gorsuch’s nomination, however. Gorsuch clerked under two Supreme Court justices, including justice Stephen Kennedy who still sits on the high bench. In addition to his Harvard Law degree, Gorsuch holds a doctorate in philosophy from Oxford University. His writings are carefully thought out, not hot-headed and incendiary like those of the late justice Scalia. One isn’t likely to find any serious gaffes or extreme reasoning.
For Republicans, there’s the fact that Gorsuch ruled in favor of Hobby Lobby in a case that allows privately-owned for-profit businesses to base policy on the owner’s religious beliefs. There’s little question that Gorsuch holds religious liberty high through several of his writings and rulings. However, Gorsuch has not been vocal on matters related to abortion or LGBTQ rights, two issues on which he might one day have to rule. In fact, he’s been completely silent on both matters.
Democrats are likely to take a strong look at Gorsuch’s opinions related to government agencies interpreting the Constitution. He has written that such rulings, “permit executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design.” He’s not alone in this opinion. Justice Clarence Thomas holds similar views. The end result could well be that the two could convince the other judges to limit the authority of the president and federal agencies.
A couple of other things worth noting: Gorsuch would be the only protestant on a court dominated by Catholics. Gorsuch is Episcopalian, which tends to tilt to the left in religious teachings. His mother, Anne Gorsuch Burford, was head of the Environmental Protection Agency under President Reagan, which could have some lasting influence in his opinions related to environmental concerns.
There is little question that a fight is brewing. Democrats are still pissed that Senate leadership wouldn’t even consider President Obama’s nominee last year. They’ve already said they don’t view Gorsuch as being “mainstream” enough to fill the position and are likely to block his nomination through any means possible.
At the same time, a conservative group is planning to spend roughly $2 million on ads in Indiana, Missouri, Montana and North Dakota, four states that Trump won and in which Democrats will be defending their Senate seats in 2018.
To some degree, whether Mr. Gorsuch is qualified to sit on the high court is irrelevant. This is political. It’s not the way the framers of the Constitution intended, but it is the reality of this Congress and this administration. Politics are what matters now and that will be what determines whether Gorsuch is confirmed for the bench.
Strap yourselves in. The fun is just starting.
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