Todd Dorman

Todd Dorman is a columnist for The Gazette. His blog has been bringing smiles to readers' faces since November 2007.
Updated: 9 April 2012 | 11:32 am in 24 hour dorman by Todd Dorman

Grassley’s Tweet more like a Peep – Updated


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Instead of sugary Peeps, U.S. Sen. Chuck Grassley gave us an acidic tweet over the Easter weekend.

Grassley, whose freewheeling use of Twitter is legendary, unloaded on President Obama’s suggestion a week ago that a Supreme Court ruling tossing out his health care reform effort would smack of “judicial activism.”

“Constituents askd why i am not outraged at PresO attack on supreme court independence. Bcause Am ppl r not stupid as this x prof con law,” Grassley tweeted.

This, of course, made some news.

I like Grassley’s raw, unbridled tweets, if not his grammar. And calling presidents stupid is our right, ever since they started doing stupid things, roughly 5 minutes after Washington’s oath. As a parent of young children, I might have told the president that I don’t really think he’s stupid. I just wish he wouldn’t do stupid things.

And what Obama suggested, that the high court would somehow exceed its authority by striking down reform, was dumb. The court may churn out what the left sees as a revolting stack of political hackery, but it clearly has the authority to do so. Obama knows this, and has since backtracked.

But I had to laugh when Republicans accused him of trying to “intimidate” the court. Obama may know the Chicago way of politics, but he clearly doesn’t know the Iowa way of scaring judges.

You wanna get the judges? Here’s how you get them. They pull a ruling you don’t like. You pull out “unelected, illegitimate tyrannical power-grabbers bent on destroying civilization.” They politely point to the equal protection clause. You slap their faces on a “Judge Bus” and send their judicial careers to the morgue. That’s the Iowa way.

It’s true, the untouchables on the U.S. Supreme Court don’t face retention votes, but still, Obama sounds downright wimpy compared to the scorched earth judge-hunting we do out here.

And with Grassley’s full blessing. In November 2011, he bragged to the Senate Judiciary Committee about how Iowans rose up in 2010 to throw out state Supreme Court justices who “made up a constitutional right” to gay marriage and who “ignored the constitution and applied their own views.” Sounds a lot like Bob Vander Plaats.

When a court rules in a way you don’t like, pound it into submission with baseless, even “stupid,” assertions that its ruling is illegitimate and invalid. But when a court is potentially poised to rule your way, bravely defend “court independence,” tweets a’ blazin.’

Basically, PresO and Grassley have shown, once again, just how tiresome, meaningless and hypocritical the charge of “judicial activism” really is. It’s low-brow politics not high-minded civics. And it’s about as substantive as a Peep.

UPDATE — Gov. Terry Branstad chimes in this morning at his press confab to side with Grassley:

“I thought it was incredible that somebody that is a graduate of a law school would make the kind of outlandish statements that the president of the United States said,” Branstad told reporters this morning. “…The issue of the Supreme Court being able to decide constitutionality was decided in Marbury v Madison in 1803 and anybody that’s gone to law school knows that.”

Radio Iowa’s O. Kay Henderson suggested to Branstad that maybe Obama was listening to Vander Plaats, who famously argued that court rulings in Iowa can be oveturned by gubernatorial executive orders. Branstad reiterated that he doesn’t share that view.

But I think another good question for Branstad would be, if he cares so much about judicial review and court independence, why did he remain silent throughout the fall of 2010 while BVP and his crusaders campaigned to oust three Iowa Supreme Court justices, including one he appointed.

Our editorial board asked him about the retention campaign in Oct. 2010:

Q — You chose a legal career in the beginning, and you appointed one of the (justices) that’s on the ballot this fall. Why not take a stand on this retention question?

“Because it’s a ballot issue and it’s up to the people to decide. And so I think people should vote their own convictions on this.

“And let me say this about a legal career. I recently spoke at the Drake law school. And certainly I don’t regret (chuckles) getting a legal education. But I never imagined it would lead to being president of a medical school. But, a legal education, you can be an FBI agent, you can do a lot of different things. In my case, I’ve had a wonderful career.

“But I don’t think that I should try to influence, uh…First of all, I’m running for governor. That’s a big, important office, and I’m focused on what I think is the most important issues facing the people of Iowa, jobs and restoring fiscal responsibility. And I think these other issues that are ballot issues, and there are several of them on the ballot, should be up to the voters to decide.”

Q — But it’s a pretty big public policy question. And I think a lot of folks see your silence as sort of a tacit endorsement of the effort to oust those judges…

“No. I mean, in the primary, there was a lot of pressure put on me, and one of my opponents is leading the effort against the judges, and I took the position in the primary that it should be the people’s decision on that and that I was running for governor, not to oversee the court. But I do think the people do have a right to make those decisions. I respect that, and I respect the fact that it’s on the ballot for retention and people should vote their convictions.”

Sure, but what are your convictions? Again, stick up for justices who rule the way you like. When they don’t, throw them under the Judge Bus and reap the political rewards.

UPDATE II — And under the headings small world and great timing, LegalTimes writer Todd Ruger, who was a Gazette Statehouse intern back in the day, posted this Q and A with Grassley on his unique Twitter stylings on Friday, just before the weekend developments.

 

 

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Grassley’s Tweet more like a Peep – Updated
  1. I am convinced a judicial activist is anyone who does not rule the way you would like. By the way: Chuckie, how are those Death Panels working out?

  2. In her column “The Where’s Waldo Presidency,”Ruth Marcus noted the “startling number of occasions in which the president has been missing in action — unwilling, reluctant or late to weigh in on the issues of the moment.” Memo to Marcus: check the links, the basketball court, or the East Room jazz club.

    Read more: http://www.americanthinker.com/2012/02/how_obama_makes_decisions.html#ixzz1rYthkTJ7

    • yep Leslie, you got him there – mainly slacking, hanging out at the (b-ball) courts, listening to those Blacks playing that boogie-woogie music. Great link!

  3. Why did Branstad remain silent? Simple. He, like many regressives, don’t want to irritate the radicals they dragged in to the formerly Grand currently Old not-much-of-a Party. Republicans allowed their brand to become diluted and taken from them by Big Business and Big Religion. Even their poster boys like Lincoln and Reagan would no longer recognize what the Bachmans and Becks and Vander Plaatz’s and Santorums and Limbaughs have turned the party into.

  4. I groaned when I heard Obama’s pre-emptive strike at the Supreme Court. But, no matter what mistakes this president makes, he has the presence of an oblging GOP which will always trump any foolish error he commits.

    Grassley’s political career may be overdue to, like grandma, have its plug pulled. And here I thought it was Democrats who were masters of the circular firing squad…

    • “Grassley’s political career may be overdue…”

      Both of our Senators are at that stage. I’m guessing (could be wrong) this is Grassley’s last term. Will Harkin seek another term?

      It will be quite a change when Iowa goes from having two of the most senior members of the Senate to (possibly) having two junior members.

  5. charles grassley and branstad living proof that lizards can have sex with snakes.

    • And suddenly, judicial activism seems less low-brow.

      • You could be forgiven for vaporizing that comment, Todd, although I did PML.

      • You mean “charges of judicial activism” seems less low brow. Grassley’s “don’t pull the plug on grandma” (echoing the health insurance industry propaganda) set the brow-bar pretty low. By the way, good column.

  6. I am quite baffled over the big deal these people are making over President Obama’s comment. It is just what these same people have been saying over and over for years. Activist Judges overruling the will of the people.

    These people have acted like this is the absolute truth, up until now. I guess it is only them that can engage in this bit of rhetoric.

    • I think Matt has a good point at the top of the thread, Joel: to many it’s judicial activism when the courts don’t rule the way they would like,but when the courts rule in as they want them to, it’s fair and just.

    • At the risk of having my comment deleted:

      The folks who gripe about “activist courts,” e.g. Bob Vander Plotz and his crew, give a whole new meaning to the phrase “hanging judge…”

  7. Let’s, on one hand we have the leader of the executive branch of the federal government threaten the judicial branch for the potential execution of its delegated powers, and on the other hand we have a federal representative that does not denigrate a STATE’s population for executing its constitutional right. And the one you have the most problem with is the constitutionally protected action. This might even be a new political low for you, Mr. Dorman.

    • And a political high point would be having someone of Grassley’s prominence stand up for the principle judicial independence even when a court, state or federal, issues a ruling he finds politically objectionable, and not just when there’s an easy chance to score political points.

    • How did the leader of the executive branch (I assume you mean President Obama) “threaten the judicial branch”?
      Yes, Senator Grassley threatened the people of Iowa with Death Panels which would “pull the plug on grandma” if we didn’t support him.
      Seems you have things backwards at best. “s OK, We the People of Iowa amended our Constitution recently, and you’re allowed to vote.

  8. I, too, was a bit taken back by President Obama’s remarks, but I am among those who have seen regreessives attack him even when Mr. Obama pushes for previously conservative issues, such as pay as you go. Not a single conservative was for it whem Mr. Obama came on board. Mitch McConnel probably stated the most truthful statement he has made in years when he admitted that their No. 1 priority was not the safety of our nation, our economic well being, but the make Mr. Obama a one term president. How PATHETIC!

  9. Doorman:
    The word ‘President’ is always capitalized when referring to the President of the United States.

    And of course, you miss the obvious here; Grassley (and now you) calling the President stupid (notice the capitalized P) on this issue is like telling a nuclear physicist that they don’t have any clue about how atoms split.

  10. For anyone to suggest that the President threatened the Supreme Court Justices is hyperbole at its finest. The President simply has no power threaten any sitting Justice. All the President did was give his personal opinion regarding this case, something I believe all Americans are still allowed to do. I suspect that at least four of the Justices, and I’m hoping for six, will agree with him.

    What was stupid was a sitting Senator choosing to use playground language. I’ve seen more maturity from most kindergarteners. Sen. Grassly embarrassed himself, our great state and the Senate chamber. Pathetic.

    Read the transcript of what the President actually said and I dare anyone to show me where he threatened anyone; directly or indirectly.
    http://www.whatthefolly.com/2012/04/03/transcript-president-barack-obama-on-the-supreme-courts-pending-decision-on-health-care-reform-law/

    Here’s a link that puts it all into better prospective.
    http://articles.cnn.com/2012-04-04/opinion/opinion_toobin-court-assignment_1_health-care-law-judicial-activism-judicial-review?_s=PM:OPINION

  11. Most likely the Supreme Court will strike down the health care law. But not because it is unconstitutional, although the liars on the court will claim so. The will do so because they are poisoned by partisanship and are unaccountable ideologues. The average American Citizen has a moral and political duty to hold these justices in contempt and should demand their impeachment. When they claim that corporations are ‘people’ and give businesses a virtually unlimited right to throw massive amounts of money into our political discourse; they betray the constitution and show how brain dead they really are. Wake up America!




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