A "CA" change

Wahoo! In addition to the changes he'll likely get to make on SCOTUS (see also here), Obama will have a number of appointments to make on the various circuit courts of appeals. Of note for North Carolinians and Virginians:

The most striking change could come soon after Obama takes office, with the selection of nominees to fill four existing vacancies on the staunchly conservative, 15-judge 4th Circuit.

Also, check out the mention of Judge Wynn (NC Ct. App.) for 4th Cir.!

Of course, Obama will still have to deal with GOP opposition.

Election reshapes legal landscape

Climate "change" we can believe in

Leading off the agenda: dealing with climate change. Obama can start by reversing the regulations the Bush administration is working on as we speak to allow drilling in Utah near Arches and Canyonlands (and Moab, I might add!). He can also reverse the block of California's emissions experimentation. But these are largely symbolic. Doing something about climate change is going to take massive, organized, cooperative global efforts. Obama knows this: the recent Newsweek wrap-up of his campaign, in a vignette designed to highlight his frustrations with the facile nature of the campaign process, illustrated his views on climate change quite well:

So when Brian Williams is asking me about what's a personal thing that you've done [that's green], and I say, you know, 'Well, I planted a bunch of trees.' And he says, 'I'm talking about personal.' What I'm thinking in my head is, 'Well, the truth is, Brian, we can't solve global warming because I f–––ing changed light bulbs in my house. It's because of something collective'."

So Obama knows that simply putting some compact flourescents in your sockets, while personally virtuous (and while you're there, check out the rather scary Cheney picture), won't cut it on a large scale. So what will?

"To be effective, this is only possible at the level of international cooperation -- far more difficult to achieve than any technological breakthrough. There is a rendezvous next year in Copenhagen in late November which the entire world of climate expertise is preparing itself for and which is considered by many in the field to be our best and possibly last hope of addressing the problem before it runs away from us. It is the truly global successor to Kyoto, known in the trade as COP (Conference of Parties) 15. There is a case to be made that it will be one of the most important international meetings ever convened. If it does not result in practical, radical measures, the fight to control our future could well be lost. Every nation on the planet will be represented. The general feeling is that the conference cannot be allowed to fail. And it cannot succeed without the leadership of the United States. There are fears that Mr. Obama will move too cautiously on climate change for political reasons, and that would be a tragic error. As Mr. Schellnhuber says, 'If he were prepared to come in person to Copenhagen and make a speech, a bold commitment, similar to what Reagan did in Reykjavik, he would become a hero of the planet, for good.'"

A New Dawn - WSJ.com

Major Problems with Public Defenders

Kudos to the Times for covering this travesty. Check out the idiot quote from the FL State Sen. Victor Crist: Defenders' offices could increase efficiency by, for example, carefully choosing which cases require depositions and other time-consuming actions."

Basically, this guy is saying that a lawyer should not focus zealous advocacy for an individual client, but rather should spread his resources so that each client gets less. That goes against the spirit of Gideon, and it also goes against the canons of professional responsibility. States have a duty to provide competent, adequate representation to every indigent defendant they choose to prosecute.

This Times artile is actually quite timely: SCOTUS will be soon hear a case on certiorari to the Supreme Court of Vermont dealing with a related issue. The Vermont court vacated a conviction of a defendant who sat in jail for three years between arrest and trial, largely because his court-appointed lawyers were so overworked they couldn't address his case.

All law school types can check out the opinion here; all non-law school types can read this blog about the case. More to follow when they actually take argument.

Citing Workload, More Public Defenders Are Refusing New Cases - NYTimes.com

Insights into President Obama's first actions?

John Podesta (former COS to Clinton) indicated that Obama might consider "using his executive authority to change stem cell and oil-drilling policies without waiting for congressional action." This means that we could start to reverse the Bush administration's ostrich-like posture toward knowledge in general and science in particular. Doing this in the first few days (hell, he could have the EO drafted tomorrow, ready to sign on Day 1) would send a clear signal to the country that we're really going to shift gears.

See also this WSJ piece, which notes that "[r]olling back executive orders issued by the Bush administration could give Mr. Obama a fast way to put his mark on policy making after he takes office, as past presidents have. Other Bush-era executive orders that Mr. Obama could reverse include a ban on federal aid to family-planning organizations that counsel women on abortion, and a decision in December that restricts California in regulating greenhouse-gas emissions from cars."

In addition to being a powerful signal of "change," addressing Bush's boneheaded obstruction of California's efforts to clean up the environment could actually bring material change to the country. If "conservatives" really believed in letting individual states act as "laboratories for democracy," they would not have stood in the way of efforts like California's. Perhaps Cali will begin to show some progress, which could stir up some popular support for Obama's plan to create 5m new "green jobs." The Center for American Progress thinks this is very doable.


Emanuel Urges Aid for Auto Industry - NYTimes.com

The global Obama effect

Thomas Friedman has a new op-ed in the Times dealing with how to leverage the astounding good will toward Obama harbored by much of the rest of the world. I especially like the part about how difficult it will be for radical Islamic leaders to get their throngs to chant "Death to Barack Hussein Obama." There's definitely an element of cognitive dissonance there. I love it.

Friedman - Show Me the Money - NYTimes.com

New choice for House Minority Leader?

The WSJ has an interesting article about Congressman Paul Ryan, R-Wisc., endorsing him for House Minority Leader (he would replace John Boehner, R-Ohio). Ryan, the Journal points out, has won re-election four times in a heavily Democratic part of Wisconsin (it went for Obama 53%-46%). Ryan is something of a principled free-market Conservative of the old school (i.e., Burke, not Bush). I think it would be a nice change to have an opposition voice that isn't wedded to partisan bromides (like Boehner is). Imagine the change in political discourse and the positive contributions to government that could be made by having someone intelligent and thoughtful contribute to the debate.

Of course, I've said that the Republicans shouldn't get a say in who Obama picks as his Chief of Staff; it follows that the Democrats shouldn't have a say in the GOP pick for Minority Leader. And the Majority Leader doesn't exactly follow this prescription for thoughtful debate.

It's also one of the jobs of the party leaders in the House and Senate to rally the troops behind the party. But the Majority / Minority Leaders are distinct from the Whip positions, and America has declared reather emphatically that it's ready for a different kind of politics. Maybe Ryan fits that bill.

Ryan for the Republicans - WSJ.com

ACLU's recommendations for Obama's first day, first 100 days, and first year

The ACLU has published a list of recommendations for immediate executive attention following Obama's oath on Jan. 20. Some of this stuff seems pretty sensible. For example, the group recommends an executive order forbidding torture. Some seems potentially problematic: the group calls for a moratorium on executions of death sentences until racial disparities in the system are addressed. It's not clear what this would do. Yes, there are glaring problems in the system. Yes, African Americans are far more likely to be sentenced to death than are Caucasians. But those who are currently scheduled for federal execution were duly tried and convicted of crimes Congress has chosen to punish with sentences of death. It's not equitable to stop all pending executions. Furthermore, it would be political suicide. Can you imagine what John Boehner or Rush Limbaugh would say if Obama did this? Of course, those mouthpieces don't have a veto over Obama's policies. But Obama still must consider the political realities. Luckily, he's a saavy Chicago pol, and he's got another saavy Chicago pol as Chief of Staff. I'm betting Obama won't be making any rash judgments.

That said, there are lots of very reasonable recommendations in the ACLU's list. Check it out.

ACLU Recommendations for Obama