By
Jeffrey Blehar
Monday,
June 26, 2023
What I
value most about MSNBC’s new lineup is the ability of its hosts to do
hard-hitting interviews with adverse guests. No Fox News–like softballs here;
instead we get former Biden
press secretary Jen Psaki interviewing former Democratic House speaker Nancy
Pelosi, and the
results are every bit as explosively contentious as you would expect from two
people who have been blowing kisses to one another over an explicitly shared
political agenda for the last several years. (I assume it was not Psaki’s bona
fides as a commentator wot got her the job as the Biden administration’s
mouthpiece.)
Among
the hard questions Psaki put to Pelosi: Just how disappointed
is she in this conservative Supreme Court? (“Are you concerned the Supreme
Court has lost its legitimacy?” she boldly challenged her.) But I’m not really
here for media critique today and besides, the shameless by definition cannot
be shamed. Instead I’m here because Nancy Pelosi’s lengthy response to that
creampuff was a farrago of lies, cynical politicking, and howling personal
hypocrisy notable even for her. When she wasn’t gleefully throwing gasoline
onto the fire by saying that in her opinion “30% is high” as the Supreme
Court’s proper approval rating, she was seeking to casually revise the U.S.
Constitution: “But there certainly should be term limits, and if nothing else
there should be ethical rules that should be followed.”
First of
all, to revisit a point that has likely already been made a hundred times
before at National Review: Even
if you foolishly think there should be term limits for the Supreme Court, the
Founders did not, and they have tied your hands here decisively. Article III,
Section 1 of the U.S. Constitution states clearly that “the Judges, both of the
supreme and inferior Courts, shall hold their Offices during good Behaviour.”
In other words, all federal judges hold life tenure unless impeached.
Impeachment is how “good Behaviour” is enforced — even judges who have
been convicted of felonies and sent to prison have to be formally impeached by the
House and removed by the Senate.
It is
true that practitioners and legal observers often grumble about elderly judges
who refuse to take retirement despite clearly no longer being able to properly
shoulder the work; few still remember William O. Douglas’s shameful final years
on the Court. But life tenure means life tenure, and if you want to change that
you need either to muster a bare majority in the House and two-thirds of the
Senate or to pass a 28th amendment to the Constitution. (Or stage a revolution.
I’d be curious as to which option Pelosi prefers, because it is increasingly
difficult not to suspect that many on the activist left prefer the
third one.)
But
there was something even more risible about Pelosi’s sanctimony when it came to
term limits: If there’s anyone who should be sympathetic to the idea of life
tenure in office, surely it is Nancy Pelosi. This is a woman who took her House
seat during the Reagan administration as the handpicked successor of her
district’s previous representative, spent the next 36 years accumulating power
and gaining, losing, and regaining the speakership, and finally handpicked her
own successor before stepping down. So either she is the world’s biggest
hypocrite, or she hasn’t gotten over the fact that Ruth Bader Ginsburg did a
world-historically terrible job of timing her retirement. (Readers are already
asking: “Why not both?”)
Finally,
Pelosi is probably one of the worst people to go around preaching about ethics
standards to anyone right now. I qualify with “probably” because I suppose a
lecture from Hillary Clinton on the subject would be more obnoxious, but in
that case there’s at least a chance she might be in on the joke. Meanwhile
Pelosi was recently embroiled in a potential insider-trading stock-dump mess
the precise outrage of which is that, even if
proven, it might be legal, owing to lax House ethics rules Pelosi was certainly in no hurry to
revise or update or strengthen herself.
Nancy
Pelosi, in both the minority and the twilight of her career, is inclined to
grandiosity; it is a typical consolation for waning power. But the rest of us
are not required to treat her opinions like anything but self-serving garbage.
Her sudden adoption of virtues she herself notoriously lacked throughout her
four-decade career reminds one of a pagan king’s deathbed conversion to
Christianity just in case. One imagines Pelosi is familiar with St.
Augustine’s ironic prayer as a wild youth: “Give me chastity and temperance —
but not yet!” Since I’m an open-minded man, I’d like to believe Nancy Pelosi’s
conversion, at age 83, to term limits and ethical propriety is sincere; it’s a
shame it took an entire political career for her to suddenly get there.
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