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	<title>The Washington Independent &#187; progressives</title>
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		<title>Will Sotomayor Disappoint Liberals?</title>
		<link>http://washingtonindependent.com/44606/will-sotomayor-disappoint-liberals</link>
		<comments>http://washingtonindependent.com/44606/will-sotomayor-disappoint-liberals#comments</comments>
		<pubDate>Wed, 27 May 2009 21:29:52 +0000</pubDate>
		<dc:creator>Daphne Eviatar</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Congress]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Obama]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Reproductive Rights]]></category>
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		<category><![CDATA[U.S.]]></category>
		<category><![CDATA[discrimination]]></category>
		<category><![CDATA[liberals]]></category>
		<category><![CDATA[progressives]]></category>
		<category><![CDATA[right-wing]]></category>
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		<category><![CDATA[Sonia Sotomayor]]></category>
		<category><![CDATA[Supreme Court]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=44606</guid>
		<description><![CDATA[Having just listened to a conference call of legal experts set up by the White House to provide reporters the Obama administration&#8217;s spin on Supreme Court nominee Sonia Sotomayor, I have to wonder if liberals, when they&#8217;re done defending Judge Sotomayor from the right&#8217;s attacks, may end up being disappointed with the president&#8217;s choice.
According to [...]]]></description>
			<content:encoded><![CDATA[<p>Having just listened to a conference call of legal experts set up by the White House to provide reporters the Obama administration&#8217;s spin on Supreme Court nominee Sonia Sotomayor, I have to wonder if liberals, when they&#8217;re done defending Judge Sotomayor from the right&#8217;s attacks, may end up being disappointed with the president&#8217;s choice.<span id="more-44606"></span></p>
<p>According to the White House&#8217;s experts, President Obama&#8217;s just chosen an extremely cautious, legalistic nit-picker.</p>
<p>&#8220;She&#8217;s a lawyer&#8217;s lawyer,&#8221; said Paul Smith, a partner at Jenner &amp; Block who participated in the call.</p>
<p>&#8220;She&#8217;s someone who cares about the craft, about the details of facts,&#8221; he said. &#8220;She&#8217;s a cautious lawyer&#8230;.who was a corporate lawyer herself&#8230;.She reads statutes narrowly.&#8221;</p>
<p>Harvard Law Professor Martha Minow described Sotomayor&#8217;s decision in a securities case that turned on the how Sotomayor read the word &#8220;buyer.&#8221; In fact, she read the law so literally that the Supreme Court reversed her, said Minow: &#8220;they said, &#8216;let’s be not so stingy&#8217; &#8221; about it.</p>
<p>Sotomayor&#8217;s opinions, according to Kevin Russell, a partner at Howe &amp; Russell who writes for SCOTUSblog, reveal a &#8220;judicial modesty&#8221; that&#8217;s &#8220;very respectful of precedent.&#8221;  In a case brought by the Center for Reproductive Law and Policy, for example, she rejected a challenge to President George W. Bush&#8217;s &#8220;global gag rule,&#8221; which prevented foreign organizations receiving U.S. funding from using their own money to provide abortions or abortion assistance.</p>
<p>Russell added that Sotomayor has also shown herself to be very deferential to the judgments of government agencies. When passengers were bumped from a flight by an airline and claimed it was due to racial discrimination, Sotomayor  ruled that the anti-discrimination laws are trumped by the international Warsaw Convention, which regulates the liability of airlines in international flights.</p>
<p>&#8220;Judge Sotomayor is not the sort of judge who sees it as her role to reverse every decision she disagrees with,&#8221; said Russell.</p>
<p>As a result, experts agree that it will be difficult to predict how she&#8217;d rule on issues like the breadth of the Second Amendment, gay rights, or other civil rights matters that have yet to come before her.</p>
<p>&#8220;There isn&#8217;t any indication that she has a broad reading of the liberty clause or due process clause,&#8221; said Minow.  &#8220;At the same time she is a master of the interpretation of law and relating of law to fact,&#8221; she said. &#8220;She would be participating in the careful application of the constitution to facts.&#8221;</p>
<p>Sometimes, those applications have disappointed even plaintiffs in discrimination cases, where her own comments might suggest that Sotomayor would be more sympathetic.</p>
<p>In 1999, for example, she ruled against a black nurse who claimed she&#8217;d been fired due to her race, age and a disability. Sotomayor allowed the nurse to move ahead with the disability claim, but threw out the other claims.</p>
<p>&#8220;There was ample evidence that the hospital had accommodated white nurses with similar disabilities,&#8221; Glenn Greenwald, now a Salon columnist but then a lawyer for the nurse, <a href="http://online.wsj.com/article/SB124338260937756559.html">told</a> The Wall Street Journal. &#8220;She rather coldly dismissed what I thought were good claims.&#8221;</p>
<p>So it&#8217;s starting to sound like Obama nominated a highly capable technocrat. Setting aside her personal story of achievement against all odds, is her approach to the law the sort of change that Obama&#8217;s more progressive supporters will believe in?</p>
<p>&#8211;</p>
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		<title>So Who Are Clinton&#8217;s People, Anyhow?</title>
		<link>http://washingtonindependent.com/20592/so-who-are-clintons-people-anyhow</link>
		<comments>http://washingtonindependent.com/20592/so-who-are-clintons-people-anyhow#comments</comments>
		<pubDate>Tue, 02 Dec 2008 19:28:02 +0000</pubDate>
		<dc:creator>Spencer Ackerman</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[National Security]]></category>
		<category><![CDATA[Obama]]></category>
		<category><![CDATA[Clinton]]></category>
		<category><![CDATA[progressives]]></category>
		<category><![CDATA[state dept.]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=20592</guid>
		<description><![CDATA[Not long ago, a number of foreign-policy progressives in the Obama orbit vented to me about how they were concerned Hillary Rodham Clinton would shut them out of State Dept. jobs in favor of her own people. It wasn&#8217;t really an idle concern: several remember how the Clinton people un-sutbly warned Democrats during the primaries [...]]]></description>
			<content:encoded><![CDATA[<p>Not long ago, a number of foreign-policy progressives in the Obama orbit <a href="http://washingtonindependent.com/19654/clintons-team-at-state">vented to me</a> about how they were concerned Hillary Rodham Clinton would shut them out of State Dept. jobs in favor of her own people. It wasn&#8217;t really an idle concern: several remember how the Clinton people un-sutbly warned Democrats during the primaries not to back Obama, because Clinton would inevitably win the nomination and the presidency, and they&#8217;d be frozen out. So let&#8217;s say, for the sake of argument, that their fears materialize. Who are Clinton&#8217;s people, anyway?</p>
<p>Marc Ambinder <a href="http://marcambinder.theatlantic.com/archives/2008/12/so_where_does_hillary_clintons.php">runs down the list</a>:<span id="more-20592"></span></p>
<blockquote><p><strong>Richard Holbrooke,</strong> the former U.S. Ambassador to the United Nations and Dayton Peace Accord broker; Clinton&#8217;s chief defense adviser, <strong>Bob Einhorn</strong>, a Clinton administration veteran and non-proliferation expert, <strong>Andrew Shapiro,</strong> Clinton&#8217;s chief foreign policy adviser, <strong>Wendy Sherman</strong>, a senior adviser to Madelieine Albright and Warren Christopher, and <strong>Melaine Verveer</strong>, a former Clinton chief of staff and longtime Clinton confidante.</p></blockquote>
<p>If this is the team, it&#8217;s a fairly progressive one. <a href="http://washingtonindependent.com/20200/us-ambassador-to-iraq-dick-holbrooke-now-more-than-ever">Holbrooke we&#8217;ve dealt with before</a>, and chances are if <a href="http://washingtonindependent.com/19791/steinberg-might-get-deputy-secy-of-state-this-means-what-for-dick-holbrooke-exactly">he&#8217;s not going to be deputy secretary</a> it&#8217;s hard for him to find a suitable place at the department. As for the others, Andrew Shapiro is probably the one that would most concern progressives, as he worked for Sen. Joe Lieberman on the 2000 presidential campaign and has been <a href="http://www.observer.com/2007/iraq-eteers">wary</a> of setting a deadline for withdrawing from Iraq, but he&#8217;s also got the <a href="http://www.thewashingtonnote.com/archives/2007/01/hillary_clinton_1/">Steve Clemons seal of approval</a>.</p>
<p>Einhorn and Sherman certainly qualify as progressives. Sherman, an Emily&#8217;s List veteran, did yeoman work in the Clinton administration trying to staunch North Korea&#8217;s nuclear ambitions. Einhorn is a dyed-in-the-wool non-proliferation guy who&#8217;d be a bold choice for undersecretary for arms control. <span style="text-decoration: line-through;">Melanie</span> Melanne Verveer, I must confess, I don&#8217;t know anything about. <em>[UPDATE</em>: Including how to spell her name. Sorry!]</p>
<p>None of this is to say that progressives shouldn&#8217;t be watching to see whom Clinton places &#8212; and doesn&#8217;t place &#8212; in her State Dept. But judging from this list, they&#8217;d probably be pretty OK with several of Clinton&#8217;s top aides.</p>
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		<title>Progressive Circle Forming Around Obama</title>
		<link>http://washingtonindependent.com/20365/progressive-circle-forming-around-obama</link>
		<comments>http://washingtonindependent.com/20365/progressive-circle-forming-around-obama#comments</comments>
		<pubDate>Mon, 01 Dec 2008 11:00:21 +0000</pubDate>
		<dc:creator>Laura McGann</dc:creator>
				<category><![CDATA[Politics]]></category>
		<category><![CDATA[Slot 1]]></category>
		<category><![CDATA[Slot 3]]></category>
		<category><![CDATA[progressives]]></category>
		<category><![CDATA[transition]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=20365</guid>
		<description><![CDATA[In the last few weeks, irritated progressive critics have looked at Obama's Cabinet picks and wondered why the left has been left out. An examination of the president-elect's White House staff reveals where liberals will be in the next administration -- closest to the president. ]]></description>
			<content:encoded><![CDATA[<div id="attachment_7638" class="wp-caption alignnone" style="width: 459px"><a href="http://washingtonindependent.com/wp-content/uploads/2008/09/obamaright.jpg"><img class="size-full wp-image-7638" title="obamaright" src="http://washingtonindependent.com/wp-content/uploads/2008/09/obamaright.jpg" alt="Sen. Barack Obama (D-Ill.) (Campaign Photo)" width="449" height="300" /></a><p class="wp-caption-text">President-elect Barack Obama (Campaign Photo)</p></div>
<p>While liberal critics sound increasingly uneasy with President-elect Barack Obama&#8217;s nominations of centrist, Clinton-era Democrats to Cabinet positions, some are overlooking how Obama has also been assembling a tight progressive cadre to serve with him in the White House.</p>
<p>Progressive blogs are buzzing about Obama&#8217;s Cabinet picks, including big-name hires &#8212; and likely hires &#8212; such as Sen. Hillary Rodham Clinton (D-N.Y.), Defense Sec. Robert Gates and New York Fed President Timothy Geithner, a protege of former Secretary Treasury Lawrence Summers under President Clinton, also an Obama economic adviser.  To some irritated observers, these faces aren’t just a return to a previous time but an unwelcome move to the right of Obama&#8217;s campaign positions.</p>
<div id="attachment_2823" class="wp-caption alignleft" style="width: 175px"><a href="http://www.washingtonindependent.com/wp-content/uploads/2008/08/politics.jpg"><img class="size-full wp-image-2823" title="politics" src="http://www.washingtonindependent.com/wp-content/uploads/2008/08/politics.jpg" alt="Illustration by: Matt Mahurin" width="165" height="165" /></a><p class="wp-caption-text">Illustration by: Matt Mahurin</p></div>
<p>&#8220;I know everyone is obsessed with the &#8216;team of rivals&#8217; idea right now, but I feel incredibly frustrated,&#8221; <a href="http://www.openleft.com/showDiary.do?diaryId=10085">said</a> Chris Bowers, a progressive political consultant who blogs for Open Left. &#8220;It seems to me as though there is a team of rivals, except for the left, which is left off the team entirely.&#8221;</p>
<p>But Obama&#8217;s recent White House appointments include progressive voices in key positions. Their views strongly coincide with those progressives who are expressing concern about the president-elect&#8217;s Cabinet choices.</p>
<p>Consider the people Obama has selected to be his advisers on domestic policy and national politics, as well as his communications director. Other prominent progressive players, including labor and feminist activists, also will be members of his future White House staff.</p>
<p>In the past two weeks, Obama has tapped Melody Barnes, of the progressive think tank Center for American Progress, to serve as his domestic policy director; Patrick Gaspard, a political organizer for the Services Employees International Union, or SEIU, as his politics director; Ellen Moran, of the liberal fund-raising group EMILY’s List, which backs pro-choice women candidates, to run his communications shop; and Phil Schiliro, a former aide to Sen. Tom Daschle, to serve as the White House’s liaison with Congress.</p>
<p>As head of the Domestic Policy Council, Barnes will oversee national policy priorities. She will be responsible for developing two of Obama&#8217;s top priorities  &#8212; health care and education reform.</p>
<p>Barnes has a history of strong ties to progressive causes. She was chief counsel to Sen. Edward M. Kennedy (D-Mass.) on the Senate Judiciary Committee from 1995 to 2003, working with the liberal standard bearer on civil rights and women&#8217;s health legislation. Before that, she helped craft the 1992 Voting Rights Improvement Act while assistant counsel to a House voting rights subcommittee.</p>
<p>In 2004, Barnes made her mark at the Center for American Progress by creating a program called the Faith and Progressive Policy Initiative, which seeks to identify the moral and ethical underpinnings in policy and develop progressive stands around them. She also founded the Women&#8217;s Health and Rights Program, which works on reproductive health and poverty issues.</p>
<p>As vice president of policy, Barnes went on to oversee all the center’s policy programs, including those related to poverty, the environment, energy and national security. Sally Steenland, a former colleague of Barnes at the center, described Barnes&#8217; time overseeing these policy projects as a “perfect warm-up and dress rehearsal for what she will do at the White House.”</p>
<p>Steenland explained that Barnes&#8217; ability to give all these wide-ranging projects adequate attention is a skill that will be critical at the White House, where she will have to juggle many policy priorities.</p>
<p>Those who have worked with Barnes say it&#8217;s unlikely that she will go into the White House with pet projects in mind. “She sees the connection between all the issues,” said Jessica Arons, director of the Center for American Progress&#8217; Women&#8217;s Health and Rights Program, founded by Barnes. “All of those in some ways become one priority.&#8221;</p>
<p>David Sirota has been a member of the angry progressive chorus complaining about Obama&#8217;s Cabinet appointments. But when asked in an interview about the president-elect&#8217;s recent White House picks, he conceded that Barnes will be a strong progressive voice in the Obama administration.</p>
<p>Even so, he&#8217;s not convinced that these appointments carry the same heft as Cabinet jobs. Sirota contends that the White House responsibilities are more like selling policies than developing and implementing them.</p>
<p>&#8220;Whose job description is political salesmanship and whose job description is making and executing policy?&#8221; Sirota asked.</p>
<p>To underscore his point, Sirota pointed to the job of White House political director, which Gaspard will hold. Sirota contends that, most likely, his political job will not be that instrumental in developing and carrying out policies.</p>
<p>Gaspard, however, is a well-known grass-roots organizer who has worked on many progressive campaigns. As such, he could play an important role in an administration that prides itself on its bottom-up presidential campaign.</p>
<p>Before serving as Obama’s national political director during the general election campaign, Gaspard worked for the largest local union in the country, the 1199 branch of SEIU, an influential union representing thousands of health-care workers in New York. Local and state campaigns would &#8220;borrow&#8221; him from the union to run their ground operations.</p>
<p>&#8220;I think one of the reasons he came to work for the union is it definitely had a long-standing reputation for not just being an advocate for low-paid health workers,&#8221; said Jennifer Cunningham, former SEIU political director, &#8220;but a tradition of progressive issues outside of bread-and-butter union work.&#8221;</p>
<p>Cunningham said the union has worked on many campaigns for progressive candidates, as well as causes like global warming and affordable health care. In 2007, Gaspard lobbied for the expansion of the State Children&#8217;s Health Insurance Program, or SCHIP, that provides about 5 million children of low-income families with health-care coverage.</p>
<p>There&#8217;s another reason why Gaspard may be a power as White House political adviser. President George W. Bush&#8217;s chief political aide, Karl Rove, was instrumental in shaping key policies of the Bush era. Rove helped build the administration&#8217;s case to go to war with Iraq and played a pivotal role in politicizing the Justice Dept.</p>
<p>Gaspard will be joined by other long-time progressive activists, like Moran, the new communications team head. She was executive director of the  EMILY’s List, which seeks to elect pro-choice women Democrats to office. A long-time Democratic player, she also worked on Sen. Tom Harkin’s 1992 presidential run and oversaw a $50-million campaign for the Democratic Congressional Campaign Committee in 2000.</p>
<p>“[Moran] deserves tremendous credit for leading EMILY&#8217;s List this election cycle,” said the group’s president, Ellen R. Malcolm, in a statement, “as we elected the second-largest group of Democratic women in American history.”</p>
<p>Schiliro, another key progressive figure in the White House,  will act as the go-between with Congress. Like Barnes, he worked for Daschle, who is expected to serve as Obama&#8217;s secretary of health and human services. Daschle has a liberal voting record in the Senate, particularly on health-care issues.</p>
<p>Schiliro also has strong ties to important members of Congress. He worked for Rep. Henry A. Waxman (D-Calif.), who was chairman of the House oversight committee from 2006 through this year. Waxman&#8217;s committee was instrumental in shaking out a number of embarrassing and politically damaging scandals in the executive branch, including the U.S. attorneys firing scandal, the politicization of the Environmental Protection Agency and corruption at the government&#8217;s main contracting agency, the General Services Admin.</p>
<p>Waxman recently unseated Rep. John Dingell (D-Mich.) to become chairman of the powerful House Energy and Commerce Committee.</p>
<p>Key progressive voices within the halls of the White House are piling up, but whether the picks will satisfy progressives is yet to be seen.</p>
<p>“It&#8217;s not a total shutout,” Bowers <a href="http://www.openleft.com/showDiary.do?diaryId=10127">wrote</a> this week, “but it isn&#8217;t enough.”</p>
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