How will President Obama be remembered? It's hard to make predictions, especially about the future. - Yogi BerraJack Balkin has written a thought provoking piece titled Arguments from the Future'A New Modality of Constitutional Argument. In its context, it is a fascinating piece. For example, discussing Justice Kennedy's upcoming votes on the gay marriage cases, Balkin writes:
I noted that one of the strongest influences on the Justices, and especially Justice Kennedy, was how they believed their decisions would look in in ten or twenty year's time. Would they be seen as defenders of liberty and equality, or would they be viewed in hindsight as defenders of prejudice, fighting against the tide of progress?It's interesting to me that Tushnet (and Balkin?) believe that Justice Kennedy has made his prediction for the future regarding gay rights'the wrong side of history is opposing them. I think he is right but I would contrast his views on gay rights and his likely view on voting rights, where he has given indications that he is more than willing to be the fifth vote striking down Section 5 of the Voting Rights Act. How would that vote look in 10 or 20 years?Mark Tushnet has pointed out to me that he believes that someone like Anthony Kennedy is likely to vote for gay rights in the Marriage Cases'or at least not to vote on the merits against gay rights'because he doesn't want to be remembered as being like Henry Billings Brown, the author of Plessy v. Ferguson. Kennedy would rather be remembered as being like Earl Warren, the author of Brown v. Board of Education, which effectively overruled Plessy.
In any event, as interesting as these questions are, I think it is even more interesting to consider the question of arguing from the future in other contexts. Consider this passage from Balkin:
There is little doubt in my mind that arguments from the future can be extremely powerful, especially to judges who don't have to worry about keeping their jobs, but might well worry what their legacy will be. Indeed, the less you have to worry about your job security in the present, the more you might tend to worry about the future. (Think about what drives second term presidents, for example.). [Emphasis supplied.]Yes, let's think about second term Presidents, for example. What can we tell about what President Obama sees as compelling "argument from the future"? What does he believe will be remembered, favorably or unfavorably, from his Presidency and how can he shape his remembered legacy in his second term?
Follow me to the other side to read a few musings on the subject.
This last election was a very good year for electing Democratic women to national office.
Planning a trip to the Grand Canyon this summer? Thanks to Republicans insisting on sequestration in order to protect corporate tax loopholes, you can expect:
Every March, millions of conservative activists and thought leaders get dressed up in their best white robes, and gather for a few days of hating on "others" and trolling for gay sex.
Our school buildings are being neglected just like our bridges. In 1995, a report found that it would take $112 billion to repair America's school buildings. Today, a new report estimates that that amount has more than doubled, and it would take $270 billion to repair school buildings, bringing them back to their original condition. And that's just to make the buildings function as they were supposed to when they were built, 50 or more years ago. Bringing them up to date would cost $542 billion.
The current H-2A agricultural guest worker program just doesn't work for dairy farmers'and they're hoping immigration reform will change that. If it doesn't, they warn, we could see dairy shortages and rising prices. There is this one flaw in the argument, though:
Team 26 riders supporting a team member up a long hill
The student guest workers who last week walked off the job to protest conditions at the Pennsylvania McDonald's restaurants where they were working on J-1 cultural exchange visas protested at a Times Square McDonald's this week.
The Institute for Policy Studies does a tremendous service in a new report by looking at how proposed benefit cuts would impact health industry CEOs versus home health aides. Specifically, how would the industry CEOs who also happen to be leaders in the corporate lobby group Fix the Debt, which is pushing for massive new corporate tax cuts paid for with cuts to Social Security, Medicare, and Medicaid, compare to a typical home health aide, a worker in the fastest growing industry in the country? These jobs are among the lowest paid with the longest hours, dominated by women and minorities, with 40 percent of workers needing public assistance to supplement their income.
This Saturday feature spotlights a dozen examples of what's been written in the past seven days at progressive state blogs. Just as states with progressive lawmakers and activists have themselves initiated innovative programs over a wide range of issues, state-based progressive blogs have helped provide us with a point of view and inside information we don't get from the traditional media. Those blogs deserve a larger audience. Standard disclaimer: Inclusion of a diary does not indicate my agreement or endorsement of its contents.
As high school football players in Steubenville, Ohio, are tried for raping a 16-year-old girl who was so drunk they had to carry her from party to party as they continued raping her over a period of hours, their defense is that she consented. So drunk that at one point she was carried by her arms and legs, nonetheless, the defense asserts that she consented, because "She didn't affirmatively say no" even though she was at some moments during the evening sober enough to be able to speak.