Lessons From A Crumbling Spillway

People have been holding their breath and keeping their fingers crossed out in northern California.  Thousands of residents from a number of communities have been evacuated after a spillway from the massive Oroville dam was determined to be on the brink of failure.  As of early this morning, fortunately, it looks like the spillway will hold.

oroville-dam-side-view-associated-press-640x480The Oroville Dam story is an interesting one.  California has been struggling with drought conditions for years, but then recently got hit with lots of rain and snow that has filled its reservoirs and allowed officials to declare that drought conditions are over.  Now, though, the spillway failure raises questions about whether the state’s water control infrastructure is up to the task of dealing with water flow in non-drought conditions.

It’s a story that you probably could write about much of America’s infrastructure from the east coast to the west coast, and all points in between.  As you drive under bridges that look to be cracked and crumbling, with chunks of concrete missing and rebar exposed, travel through airports that are beat up and obviously overtaxed, and walk past retaining walls that are bowed out, you wonder about whether the folks in charge are paying much attention to the basics.  And, of course, that doesn’t even begin to address “hidden” infrastructure, like dams and reservoirs, sewer piping and spillways, electrical grids and stormwater drains, that are underground or removed from population centers.  There is a lingering sense that the concrete, steel, and piping that holds the country up has been neglected — perhaps because bridges, tunnels, dams, and reservoirs don’t vote, lobby legislators, or fill council chambers, demanding their share of tax dollars.

President Trump has talked about addressing these infrastructure issues — such as our “third world” airports — and it’s an issue about which there seems to be some consensus among both Democrats and Republicans in Washington, D.C.  But there’s more to it than that.  Not every bridge or reservoir is a federal issue that requires federal tax dollars or federal bureaucrats issuing approvals.  Local and state governmental officials need to recognize that they have responsibility, too, and they can’t continue to shortchange maintenance and improvement of core infrastructure.  Rather than just holding their hands out to Uncle Sam, they need to look to their own budgets and tax revenues to fund the repair and refurbishment effort, too.

Perhaps the Oroville Dam story will get people to start paying attention to what they should have been paying attention to all along.

Redefining “Presidential,” And Reconsidering Overreaction

In some way, Donald Trump is like the weather:  you’d like to ignore him, but you just can’t.  He’s like that blustering, loud summer thunderstorm that blows in on the day you’ve scheduled an outdoor party and requires everybody to change their plans whether they want to or not.

It’s pretty obvious, after only a few days in office, that the era of Trump is going to change how we look at our presidents, and what we consider to be “presidential” behavior.  In recent decades, we’ve become used to our presidents maintaining a certain public decorum and discretion.  Sure, there have been a few exceptions in the sexual dalliance department, but for the most part our modern presidents have tried to take the personal high road.  They leave the attacks to their minions and strive to stay above the fray.

Imacon Color ScannerNot President Trump.  He’s down there himself, throwing punches via Twitter.  His most recent activities in this regard involve lashing out at the federal district court judge that issued a temporary restraining order against Trump’s immigration executive order.  Trump referred to Judge James Robart as a “so-called judge” and said his ruling was ridiculous.  Senate Minority Leader Chuck Schumer immediately attacked Trump, saying his comment “shows a disdain for an independent judiciary that doesn’t always bend to his wishes and a continued lack of respect for the Constitution.”

I’ve got mixed feelings about all of this.  I personally prefer the more genteel, above-the-fray presidential model; I think it’s more fitting for a great nation that seeks to inspire others and lead by example.  I wish our President wouldn’t “tweet.”  But I also recognize that American presidents haven’t always been that way.  The behavior of presidents of the 1800s — think Andrew Jackson, for example — was a lot more bare-knuckled than what has come since.

I also think there’s danger for the Democrats in repeatedly overreacting to Trump.  If you argue that everything Trump does is the most outrageous travesty in the history of the republic (and that’s pretty much what you get from the Democrats these days) you ultimately are going to be viewed as the boy who cried wolf — which means the townspeople aren’t going to pay attention when you really want them to listen.  And in this case the reality is that, since the very early days of our country, elected politicians have been strongly criticizing judges.  Andrew Jackson famously declined to enforce a Supreme Court ruling, and Abraham Lincoln harshly lambasted the Supreme Court, and its Chief Justice, after the Dred Scott decision.  More recently, the rulings of the Warren Court became a political lightning rod during the ’60s, and President Obama saw fit to directly criticize the current Supreme Court, sitting right in front of him during a State of the Union speech, about their Citizens United ruling.

So Trump’s reference to a “so-called judge” really isn’t that big a deal when viewed in the historical context.  What’s weird about it is that it comes out in tweets — which makes it seem less presidential and, because it’s a tweet, less serious.  When Trump has these little outbursts I think if the Democrats simply shook their heads and said that what Trump is doing is “regrettable,” without acting like his every move threatens to bring down the Constitution, Trump’s Twitter act will wear thin on its own.

But they can’t help themselves right now, and neither can Trump.  So we’re going to have to ride out a few of those thunderstorms.

Looking To Fill The “Stolen Seat”

Last night President Trump nominated Neil Gorsuch, a judge on the federal 10th Circuit Court of Appeals, to fill the vacant seat on the United States Supreme Court.  His formal nomination triggers the start of what will undoubtedly be a bruising confirmation process, with some Democrats already promising to do everything they can to prevent seating Gorsuch on the high court.

US-POLITICS-COURT-NOMINATIONThere are three reasons for this.  First, the Supreme Court has assumed an increasingly important role in the American political process over the last 70 years, with people at all points on the political spectrum looking for the judiciary to recognize a new right, provide a remedy, issue an injunction, or overturn a statute or executive action.  The Supreme Court is the head of the judicial branch, and every year, the Court accepts and decides cases that require it to tackle difficult issues — some constitutional, some statutory, some procedural — that can have broad ramifications for people, businesses, the legal system, and how government works.

Second, as the importance of the Supreme Court has increased, the process for nominating, reviewing, and approving potential Supreme Court justices has changed.  Republicans blame Democrats for the growing politicization of the Supreme Court confirmation process, and Democrats blame Republicans, but no one doubts that we have moved into a new era of “extreme vetting.”  Nominees not only have their credentials, backgrounds, and prior opinions scrutinized for the tiniest kernel of a potential argument against nomination, but advocacy groups immediately declare sides and start their scorched-earth campaigns before the nomination speech is even completed.  Last night, only a few minutes after Gorsuch was nominated by President Trump, an anti-confirmation demonstration began on the Supreme Court steps, and opponents of the Gorsuch nomination appeared on the cable news shows, describing him in the darkest, most ominous terms imaginable.

And third, the atmosphere has become even more poisonous because the seat on the Supreme Court Gorsuch has been nominated to fill has been vacant for almost a full year, and the Republicans in the Senate refused to take any action on Merrick Garland, the jurist that President Obama nominated to fill that seat.  That’s why the New York Times, in an editorial today, calls the vacancy the “stolen seat” — reasoning that if the Senate had just acted properly last year, Garland would have been confirmed, and the balance of power on the Supreme Court would already be changed.  The Times editorial castigates the Senate Republicans for obstructionism and abuse of power in their treatment of the Garland nomination, but seems to also implicitly encourage — with a wink and a nod — Senate Democrats to respond to the Gorsuch nomination in kind.

So now we’ve got a Supreme Court nominee who has served on the federal appellate bench for 10 years, has all of the educational bona fides you would wish, and is classified by some as a “very conservative” judge.  I’m interested in seeing how the confirmation process plays out and what is brought out about Gorsuch’s background and judicial opinions — but that means the confirmation process has to actually start.  Here, too, as in other areas I’ve pointed out recently, Congress needs to do its job.  The Republicans need to shut up about the “nuclear option” that Harry Reid unwisely imposed, and the Democrats need to get over the Garland nomination inaction, and both sides need to acknowledge that the Supreme Court has nine seats that can only be filled if the Senate acts and start to address the Gorsuch nomination on its own merits.

One other thing:  as the current Supreme Court justices age, delay and inaction is not an option.  If we don’t get over this self-imposed roadblock to the proper functioning of our government, we might soon have another vacancy to fill, and another.  If the Republicans and Democrats don’t get over their political titting for tatting, we might end up with a gradually vanishing Supreme Court.