President Obama has withdrawn the nomination of Caitlin Halligan to the U.S. Court of Appeals of the District of Columbia circuit -- at her request, after a long wait of two years, and two Republican filibusters. It seems simple enough.
But the simple part is the Republican opposition. Simple-minded, that is, because it rests purely on charges of "judicial activism," a sin that lies strictly in the eye of the beholder, and is mostly meaningless, since it can only truly be defined as "judicial decisions the beholder doesn't like."
It has no doubt occurred to these GOP stalwarts who have delayed and thwarted any number of judicial and governmental appointments far past the time for reasonable debate, that they thus make it more difficult for the President to enact any policy agenda. They're gleeful on that score.
They can't be unaware, either, that their action in sabotaging these appointments prevents courts and agencies from getting the people's business done. But they're uncaring on that point. Numerous examples, from unemployment insurance through stimulus and health care, gives us little reason to expect they would give a fig about that!
What may have occurred to them, too, deep in their subconsciouses, is that their unprincipled obstruction will inevitably be reciprocated when the shoe is on the other foot and a Republican President seeks to make similar appointments. This will continue a vicious cycle of ever-lengthening delays. No doubt these Republicans will, when the time comes, argue otherwise, for their nominees are n-e-v-e-r guilty of judicial activism.
It's a cycle that ultimately is destructive of trust in government -- not only because of delays and inefficiencies, but in a more subtle way. Let's look at Ms. Halligan's particular offense against judicial lethargy: She pursued a suit against gun manufacturers as a part of her work as solicitor general of New York, and/or as a member of the Manhattan district attorney's office.
It's common, but erroneous, for members of Congress to associate the policy with the individual in government who was assigned to execute it. In my own experience, this mistaken approach is also common in diplomacy, where the Senate has a similar role in consenting to Ambassadorial appointments, and often blocks some excellent appointees only because 15 years previously it fell to them to implement a policy some Senatorial "beholder" didn't care for.
A key principle of modern government is that most officials/managers remain above the political fray -- they perform their functions regardless of shifts of the political wind, even when that may mean supporting initiatives they don't personally support. But it's not about personal views. Absent that principle, we ultimately end up with a spoils system. That's a flaw we resolved back in the late 19th century, under President Chester Arthur, I believe. Let's not undo that progress.