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President Obama Nominates New Librarian of Congress Who Supports Open Access (teleread.com)
Dr. Carla Hayden, CEO of the Enoch Pratt Free Library in Baltimore and a former president of the American Library Association, is President Obama's nominee for Librarian of Congress. What a contrast to long-time LoC Librarian James Billington, a stuffy old academic who hated e-books and was so far out of touch that he liked faxing more than e-mail. According to President Obama, "Dr. Hayden has devoted her career to modernizing libraries so that everyone can participate in today's digital culture." Dr. Hayden was a fierce opponent of the Patriot Act and believes strongly in speaking out against surveillance. What's more, she would be the 14th Librarian of Congress, in charge of the Copyright Office, and the first woman and first African-American to hold the position.
Well they don't actually. The constitution obligates them to do their job and approve a nomination.
Well, not per se.
The seperation of powers works to preclude the branches of government from gutting each other. Take Kansas (please!) where the legislature and executive just backed down on their statute defunding the judiciary branch if the judiciary ruled against another attempt by the executive and legislature to legislate a violation of the state constitution. A two-year crisis ended mere weeks ago.
If the Senate is blocked by a minority, the rule change known as the "nuclear option" can be had with 51 votes. That ends the filibuster. A vote on a nominee could be passed with 51 votes.
What has been going on has fostered a vast, and growing, dislike of the Congress and the Judiciary. The abrogation of the Paris Accord by an unprecedented act of the SCOTUS two weeks ago is just the last in a long list of outrageous acts of judicial activism (Go read both parties briefs and both sets of arguments in the double-briefed/ twice-argued Citizens United v. FEC matter - the case that the Court decided was never heard in any lower court. After that square the 9th and 10th Amendments with Bush v. Gore for me.) and a do-nothing Congress that is the best money can buy.
The price of civilization is a just legal system and a just political system. Most of the voters (and, more of the general population) are madder than any time since the Viet Nam war. Trump is playing the low information voters like a cheap fiddle (Thank You Mr. Murdoch - you reap what you sowed) and the center-left is looking at your standard FDR Democrat as if he's some kind of demon from hell - while the Eisenhower Republican known as HRC is thrashing to make traction.
No, the Senate may not sustain the nominee for the Librarian of Congress, or the (eventual) nominee for the SCOTUS - but, the price that failure to act will carry may be too high to pay.
For myself, I am ticked that the President didn't drop a recess appointment into the opening as soon as the justice was declared dead. It would have avoided a long battle and a ton of 4:4 votes while the Senate roiled. But, that's why Democrats lose to the "act first - never think" bought-and-paid-for party. Before the rest of the Reds (yes, you folks adopted the term "red state" and that makes you "Reds" where I come from) go off on me consider that this nation is in its longest war, with no reasonable end in sight, has adopted extra-judicial indefinite imprisonment, and has played out every single scenario that H. Ross Perot said would occur - under both major parties.
The first rule of holes: when you find yourself in one - stop digging!