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    Poll Ranks Biden as 14th-Best President, With Trump Last

    President Biden may owe his place in the top third to his predecessor: Mr. Biden’s signature accomplishment, according to the historians, was evicting Donald J. Trump from the Oval Office.President Biden has not had a lot of fun perusing polls lately. He has a lower approval rating than every president going back to Dwight D. Eisenhower at this stage of their tenures, and he trails former President Donald J. Trump in a fall rematch. But Mr. Biden can take solace from one survey in which he is way out in front of Mr. Trump.A new poll of historians coming out on Presidents’ Day weekend ranks Mr. Biden as the 14th-best president in American history, just ahead of Woodrow Wilson, Ronald Reagan and Ulysses S. Grant. While that may not get Mr. Biden a spot on Mount Rushmore, it certainly puts him well ahead of Mr. Trump, who places dead last as the worst president ever.Indeed, Mr. Biden may owe his place in the top third in part to Mr. Trump. Although he has claims to a historical legacy by managing the end of the Covid pandemic; rebuilding the nation’s roads, bridges and other infrastructure; and leading an international coalition against Russian aggression, Mr. Biden’s signature accomplishment, according to the historians, was evicting Mr. Trump from the Oval Office.“Biden’s most important achievements may be that he rescued the presidency from Trump, resumed a more traditional style of presidential leadership and is gearing up to keep the office out of his predecessor’s hands this fall,” wrote Justin Vaughn and Brandon Rottinghaus, the college professors who conducted the survey and announced the results in The Los Angeles Times.Mr. Trump might not care much what a bunch of academics think, but for what it’s worth he fares badly even among the self-identified Republican historians. Finishing 45th overall, Mr. Trump trails even the mid-19th-century failures who blundered the country into a civil war or botched its aftermath like James Buchanan, Franklin Pierce and Andrew Johnson.Judging modern-day presidents, of course, is a hazardous exercise, one shaped by the politics of the moment and not necessarily reflective of how history will look a century from now. Even long-ago presidents can move up or down such polls depending on the changing cultural mores of the times the surveys are conducted.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    The Trauma of the Trump Years Is Being Rewritten

    Americans rehabilitate ex-presidents all the time.It was fascinating to see the rebranding of George W. Bush — the man who took us into the disastrous Iraq war and horribly bungled the response to Hurricane Katrina — into a charming amateur artist who played buddies with and passed candy to Michelle Obama.And it didn’t just happen for him. The Monica Lewinsky scandal faded in our consideration of Bill Clinton. Barack Obama’s reliance on drone strikes and his moniker “deporter in chief” rarely receive mention now.This is because our political memories aren’t fixed, but are constantly being adjusted. Politicians’ negatives are often diminished and their positives inflated. As Gallup noted in 2013, “Americans tend to be more charitable in their evaluations of past presidents than they are when the presidents are in office.”Without a doubt, Donald Trump benefits from this phenomenon. The difference is that other presidents’ shortcomings pale in comparison to his and his benefit isn’t passive: He’s seeking the office again and, as part of that, working to rewrite the history of his presidency. His desperate attempts, first to cling to power, then to regain it, include denying the 2020 election results and embracing the Jan. 6, 2021 insurrection that his denials helped fuel.His revisionism has worked remarkably well, particularly among Republicans. A Washington Post-University of Maryland poll conducted in December found that Republicans “are now less likely to believe that Jan. 6 participants were ‘mostly violent,’ less likely to believe Trump bears responsibility for the attack and are slightly less likely to view Joe Biden’s election as legitimate” than they were in 2021.This is one of the truly remarkable aspects of the current presidential cycle: the degree to which our collective memory of Trump’s litany of transgressions have become less of a political problem for him than might otherwise be expected. Even the multiple legal charges he now faces are almost all about things that happened years ago and, to many citizens, involve things that the country should put in the rearview mirror.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Mort Engelberg, Producer of Hit Films and Presidential Campaigns, Dies at 86

    A celebrated “advance man” — responsible for logistics and camera-ready moments in campaigns — he forged a lasting bond with Bill Clinton.Mort Engelberg, a movie producer behind such hits as “Smokey and the Bandit” and “The Big Easy,” who drew on his Hollywood expertise to stage-manage appearances for politicians, notably a bus tour for Bill Clinton and Al Gore following the 1992 Democratic convention, died on Saturday at a hospital in Los Angeles. He was 86.His brother, Steven Engelberg, said the cause was lung cancer.Mr. Engelberg toggled between film and political advance work, setting up campaign trips meant to produce photo-ready moments and drawing on the tropes of road movies to help invent the modern presidential bus tour. It featured the gregarious Mr. Clinton and his sidekick Mr. Gore on a journey through Pennsylvania, Indiana, Kentucky and other heartland states.“Mort came in with basically the same formulation as the Hollywood buddy movie he so perfected in his ‘Smokey and the Bandit’ series,” said Josh King, a colleague of Mr. Engelberg’s on campaigns and during Mr. Clinton’s presidency.Presidential candidates had long made whistle-stop tours, originally by train. By the 1980s, though, the trips were made in chartered jets with brief airport stops — “basically, nothing but some white men on tarmac,” as Mr. Engelberg said in a 2011 podcast.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Are We Looking at George H.W. Biden?

    When you played second fiddle to a revered, charismatic, transformative president who chose you as his running mate not because you dazzled him but because you dully rounded him out, not because he saw you as the party’s future but because you were a link to its past, can you ever shine as brightly as you deserve to?When you’ve been in government forever and almost everything about you smacks of tradition, can you beat back complaints that you’re out of touch and sweet-talk voters who are soured on the status quo?George H.W. Bush, running for a second term more than three decades ago, couldn’t.Joe Biden, running for a second term now, is about to find out.Among Democrats justly nervous about Biden’s poll numbers and rightly angry about the dearth of respect he gets, it has recently been popular — and consoling — to compare him to a different commander in chief, the one for whom he served as vice president, Barack Obama. At this point in Obama’s first term, surveys strongly suggested that he would lose his re-election effort.Voters in late 2011 shortchanged Obama on credit for steering the nation out of the 2008 housing bust and recession, just as voters in late 2023 are shortchanging Biden for steering the nation out of the pandemic. They didn’t wrestle seriously with whether Obama merited a renewal on his White House lease until much closer to Election Day, and they won’t give Biden an accurate report card any sooner, or so the thinking goes. It also holds that once Obama focused on his campaign, he was able to cast his Republican rival, Mitt Romney, as an unacceptable choice. When Biden buckles down, he’ll do the same to his likely Republican rival, Donald Trump. Heck, he already did it in 2020.I’d buy that forecast — I want nothing more than for it to be true — but for a few pesky details. Obama was 50 then. Biden is 80 now. Obama, our first Black president, still had the perfume of history around him. Biden has no such bouquet. And the Tea Party of Obama’s era may have been a precursor to our MAGA moment, but it was a firecracker beside this dynamite, as the wreckage at the Capitol on Jan. 6, 2021, showed. We live, and quiver, in more explosive times.The Bush-Biden parallels come easier. George H.W. Biden has a plausibility that Barack Biden doesn’t.Admittedly, it’s not a tidy fit, for a range of reasons: The first President Bush immediately succeeded his boss, Ronald Reagan, so it was as if the same presidency went on and on, while there were four years between Obama and Biden, who represented not a continuation of the Obama administration but a merciful reprieve from the Trump interruption. “Poppy Bush” had a famously patrician aura, while “Scranton Joe” is a scruffier sort.Then there’s the biggest difference of all. Bush faced an idealistic Democratic opponent, Bill Clinton, who presented a much younger, fresher face and whose liabilities didn’t include 91 felony charges tracing a contempt for democracy and appetite for insurrection. A vote for Clinton wasn’t a gesture of furious protest or expression of acrid contempt.Biden is staring at a nihilistic Republican opponent who raged through the West Wing once already and, to cleareyed voters, is an autocrat in waiting. A vote for Trump is like a civic suicide pact.Do the election results from Tuesday reflect an awareness of that? Democrats did very, very well: Gov. Andy Beshear of Kentucky, a Democrat in a deep-red state, secured a second term. Democrats won control of both chambers of the Virginia legislature. Ohioans rejected Republican calls for limits on abortion, enshrining reproductive rights in the state constitution.“Democracy won and MAGA lost,” Biden said in a statement distributed by his re-election campaign. “It’s what we’ve always said. Voters vote. Polls don’t.”That’s indisputable. But there are nonetheless facets of Biden’s circumstances that prompt flashbacks to Bush during the 1992 race for the White House.The questions about whether Vice President Kamala Harris is a drag on Biden and should be replaced have nothing on the questions about whether Vice President Dan Quayle was a drag on Bush and had to go. Time magazine published a whole cover story on the dump-Dan movement, complete with a list of promising alternatives that included one Dick Cheney, then the defense secretary. And the dumping was seen as especially important because the president’s age made the possibility of the vice president’s ascent to the Oval Office seem very real. Sound familiar?Bush struggled to please a fractious Republican Party, its divisions clear in the primary challenge mounted by Pat Buchanan. Biden struggles to please a fractious Democratic Party, its divisions clear in the fact that 22 Democrats just joined House Republicans in voting to censure Representative Rashida Tlaib, a Michigan Democrat, for her remarks about Israel.And those divisions matter more in the context of something else that Biden shares with Bush: “Biden is the first person elected president since George H.W. Bush without a political base,” Doug Sosnik, a political strategist who worked in the Clinton administration, told me. “Bush got elected basically as a Reagan third term, and Biden got elected as a vote against Trump.”By a “base,” Sosnik means a large core group of passionate supporters who see the candidate as more than just the best option available, who will stick with the candidate through thick and thin. Reagan and Obama had that. Trump has that, which is why the other Republican candidates for president can’t muscle him out of the frame.“A base is critical, because it becomes the foundation from which they’re able to persuade the remaining voters,” Sosnik added. “It’s critical because of the inevitable ebbs and flows when you’re in office — when things aren’t going well. It’s critical because it creates a higher floor for your support.”Bush hoped that his experience on the world stage and proven stewardship of tricky international relations — his elder statesman bona fides — might counteract voters’ dissatisfaction with the economy. There’s a similar wish in Biden’s camp, and it makes Bush’s experience in 1992 not just an interesting point of reference but also an instructive one, with an important lesson: Fail to project extreme attentiveness to Americans’ financial anxieties at your electoral peril. They want their pain felt.And it’s tough for a longtime Washington insider who lives in the bubble of the presidency to project that he’s sufficiently in touch. That required more intense and sustained effort than Bush managed in his day, and Biden will have to do better than “Bidenomics,” a nifty but nebulous portmanteau.Not that Trump is some exquisitely sensitive man of the people! He is, however, the challenger, and even with his own stint as president behind him, he represents change. Biden embodies continuity, which is often the harder sell, and an aged incumbent is a vulnerable creature. Bush learned as much. For all of our sakes, Biden should study that history.For the Love of SentencesA yak.Getty ImagesIn a recent essay about aging in The Washington Post, Anne Lamott fashioned one memorable sentence after another: “Getting older is almost like changing species, from cute middle-aged white-tailed deer to yak. We are both grass eaters, but that’s about the only similarity.” “Some weeks, it feels as though there is a sniper in the trees, picking off people we have loved for years. It breaks your heart, but as Carly Simon sang, there is more room in a broken heart. My heart is the roomiest it has ever been.” “In my experience, most of us age away from brain and ambition toward heart and soul, and we bathe in relief that things are not worse.” (Thanks to Melissa France of Flemington, N.J., and Steve Aldrich of Minneapolis, among others, for nominating passages from Lamott’s essay.)On her website The Marginalian, the Bulgarian essayist Maria Popova wrote: “We were never promised any of it — this world of cottonwoods and clouds — when the Big Bang set the possible in motion. And yet here we are, atoms with consciousness, each of us a living improbability forged of chaos and dead stars. Children of chance, we have made ourselves into what we are — creatures who can see a universe of beauty in the feather of a bird and can turn a blind eye to each other’s suffering, creatures capable of the Benedictus and the bomb.” Had she just seen “Oppenheimer”? (Jo Radner, Lovell, Maine)In the unsigned Lexington column of The Economist (which I happen to know is written by my former Times boss and colleague James Bennet), there was this description of the G.O.P. in 2016, when Donald Trump was its presidential nominee, versus 2012, when Mitt Romney was: “The Republicans’ swing in four years to Mr. Trump from Mr. Romney seems neck-snapping even now; it was a kind of penance in reverse, a brawling, bankrupting bender in a strip club after a quiet morning in the pews.” Give me the pews. (Roger Tellefsen, Berwyn, Pa.)In Slate, Luke Winkie marveled at the athleticism of Cooper Flagg, a precocious 16-year-old who recently joined the Duke basketball team. I didn’t understand all of Winkie’s terms — I’m a perversely but proudly stubborn naïf when it comes to college basketball — but could appreciate the writing even so: “At 6-foot-8 and still growing, Flagg can protect the rim, he can drift out for threes, he possesses a silky handle, and he can absolutely yam on any of the puny teenagers who step in the lane on his way to the basket. Flagg’s highlight mixtapes are downright gratuitous — look at him reducing these poor kids into piles of gristle and bone! It should honestly come with a content warning.” (Matthew Dallett, Brooklin, Maine)In The Wall Street Journal, Jason Gay rendered a damning (and furry!) judgment of the organization that oversees college sports: “Handing the N.C.A.A. an investigation is like throwing a Frisbee to an elderly dog. Maybe you get something back. Maybe the dog lies down and chews a big stick.” (Paul Shikany, the Bronx)In The Times, David Streitfeld summarized the rise and fall of Sam Bankman-Fried: “It’s impossible to read the sad saga of Mr. Bankman-Fried without thinking he, and many of those around him, would have been better off if they had spent less time at math camp and more time in English class. Sometimes in books, the characters find their moral compass; in the best books, the reader does, too.” (Paula Huguenin, Collex, Switzerland, and Christine Thielman, Arlington, Mass.)Also in The Times, David French puzzled over the supposed religiousness of Republicans like Speaker Mike Johnson, contrasting him with another Republican, Mike Pence: “One Christian man tells the truth, and it kills his career. Another Christian man helps lead one of the most comprehensively dishonest and dangerous political and legal efforts in American history, and he gets the speaker’s gavel.” (Phil Ryburn, Seattle)Also from that column: “This is precisely indicative of the political ruthlessness that’s overtaken evangelical Republicans. They are inflexible about policy positions even when the Bible is silent or vague. They are flexible about morality even when the Bible is clear.” (Joel Parkes, Altadena, Calif., and Michelle Cheatham, Calgary, Alberta, among others)To nominate favorite bits of recent writing from The Times or other publications to be mentioned in “For the Love of Sentences,” please email me here and include your name and place of residence.What I’m Writing, Watching and DoingJoe Raedle/Getty ImagesIn advance of the Republican presidential debate on Wednesday night, I talked with the polling analyst Nate Silver and Katherine Mangu-Ward, the editor in chief of Reason, about the 2024 election. You can read our online political round table here.Chris Christie’s composure amid the jeers when he appeared at the Florida Freedom Summit on Saturday was neither any surprise nor any great credit to him: He has spent enough time in public life and dished out enough that he should be able to take it. But the accuracy and bluntness with which he called the puerile hecklers on their behavior and told them precisely how they were degrading themselves and the country were beautiful to behold: a firm spanking of the noblest order. Please watch.I’m excited to welcome my Times colleague Wesley Morris, a two-time Pulitzer Prize winner, to Duke University’s Sanford School of Public Policy on Monday, Nov. 20. That evening, I’ll interview him at an event open to the public, so if you’ll be in the Raleigh-Durham-Chapel Hill area, please consider popping by. Here are the details.On a Personal NoteDamon Winter/The New York TimesThe day after his election as the new speaker of the House of Representatives, Mike Johnson gave his first extended interview — on Fox News, of course — and said this: “Someone asked me today in the media, they said, ‘It’s curious, people are curious. What does Mike Johnson think about any issue under the sun?’ I said, ‘Well, go pick up a Bible off your shelf and read it.’ That’s my worldview.”Those remarks drew enormous scrutiny, including from my Times colleague David French, who cited them in his excellent column — mentioned above — about the fickleness and hollowness of many Republicans’ professed religiousness.But while most commentators focused on the glimmers of Christian nationalism in Johnson’s words, I’m struck as well by their hints of simple-mindedness. Where’s the independence of thought in outsourcing all your judgments to a single source? Where’s the openness to evolving knowledge, to fresh perspectives, to different ones?I say that not to be besmirch Christianity or religion: I know and greatly respect many Christians and many other people who use the Bible, the Torah, the Quran or some other sacred text as a trove of inspiration, a store of wisdom, a repository of counsel. Their relationships with religion allow for broad interpretation and plenty of disagreement. They recognize the need for that.And maybe Johnson was speaking of the Bible in such a vein. But he didn’t say “guide.” He said “worldview.” His tone, his record and much else about him suggest an uncritical obeisance, and he’s emblematic of many current Republicans’ reductive and oppressive piety.He’s also emblematic of something broader, something by no means limited to certain strains of religiousness, something with secular examples aplenty: the temptation to quiet the jangle and resolve the complications of our maddening world by latching onto one answer, lining up behind one leader, taking the oath of one tribe and then reveling in its smug and censorious rightness.That’s undoubtedly a clarifying decision and a comfort. But it can be hell on a democracy. More

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    Republican Speaker Fight Has Parallels in the Gingrich Era

    The current chaos is not the first time Republicans have found themselves rocked by a vacancy at the top.The House speaker had been unceremoniously dumped by colleagues unhappy with his performance and overly optimistic political predictions. Those who would typically be considered next in line had made too many enemies to be able to secure the necessary numbers to take his place. The House was in utter chaos as bombs fell in the Middle East.Today’s relentless Republican turmoil over the House speakership has striking parallels to the tumult of 1998, when House G.O.P. lawmakers were also feuding over who would lead them at a crucial period.Then as now, personal vendettas and warring factions drove an extraordinary internal party fight that threw the House into chaos. The saga had multiple twists and turns as Republicans cycled through would-be speakers in rapid succession — just as the G.O.P. did this week. And in the end, they settled on a little-known congressman as a compromise choice.It’s not clear how the current speaker drama will end; Republicans left Washington on Friday after nominating their second candidate for speaker of the week, Representative Jim Jordan of Ohio, with plans to return on Tuesday for a vote but no certainty that he could be elected.Back in 1998, Republicans moved swiftly to fill their power vacuum in just one day, unlike the present situation, where they have let unrest fester for more than a week while struggling to overcome deep internal divisions and anoint a new leader.“That was pretty chaotic,” said Representative Harold Rogers, the Kentucky Republican who was already a veteran lawmaker at the time and is now the dean of the House as its longest-serving member. “But it didn’t last very long.”Both dramas began when a Republican speaker lost the faith of some key colleagues. Hard-right Republicans precipitated their party’s current crisis by forcing out Representative Kevin McCarthy of California from the speaker post as punishment for working with Democrats to avert a government shutdown. Twenty-five years ago, Speaker Newt Gingrich, a Georgia Republican whose closest allies were turning on him, announced he would not run again for speaker.Mr. Gingrich, whose scorched-earth tactics had returned Republicans to the majority in 1995 after four decades in the minority wilderness, was finally burned himself after predicting Republican gains in that November’s elections, only to lose seats.Representative Richard K. Armey of Texas, who held the same majority leader position then as Representative Steve Scalise of Louisiana does today, was a potential replacement, as was Representative Tom DeLay, the powerful No. 3 Republican whip who was also from Texas. But both had political baggage likely to keep them from the top job, and Mr. Armey faced a fight just to remain in the No. 2 slot.Neither even bothered going through the motions of seeking their party’s nomination, as Mr. Scalise did successfully on Wednesday — only to discover quickly that he lacked the support to be elected, leading to his abrupt withdrawal.“Both of them were toxic, and they knew it,” Fred Upton, the recently retired moderate Republican from Michigan who was in the House at the time, said of Mr. Armey and Mr. DeLay.Sensing an opportunity, Robert Livingston, an ambitious Louisiana Republican who commanded a solid bloc of supporters as chairman of the Appropriations Committee, jumped into the speaker’s race and cleared the field. He won the Republican nomination without opposition in mid-November.Mr. Livingston went about setting up his new leadership operation as Republicans plunged ahead with the impeachment of President Bill Clinton growing out of his relationship with a White House intern. Many Republicans believed the impeachment push had cost them in the just-concluded election, but pursuing Mr. Clinton was a priority of Mr. DeLay, whose nickname was the Hammer, and he was not one to be deterred.Then Saturday, Dec. 19, arrived, with the House set to consider articles of impeachment even as Mr. Clinton had ordered airstrikes against Iraq over suspected weapons violations — an action that Republicans accused him of taking to stave off impeachment.Mr. Livingston, who had not yet assumed the speakership but was playing a leadership role, rose on the floor to urge Mr. Clinton to resign and spare the nation a divisive impeachment fight. But Mr. Livingston himself had acknowledged extramarital affairs a few days earlier to his colleagues. Democrats began shouting “no, no, no” as he spoke.“You resign,” shouted Representative Maxine Waters, Democrat of California. “You resign.”To the amazement of everyone present, Mr. Livingston did just that, saying that he would set an example for the president and that he would not run for speaker. The House was stunned as lawmakers absorbed the news — similar to the surreal atmosphere last week when it became clear that Mr. McCarthy would be removed as speaker after hard-right Republicans moved to oust him and eight of them joined Democrats in pushing through a motion to vacate the chair.Dennis Hastert became the longest-serving Republican speaker in history before Democrats won the House back in 2006. He was later convicted of paying to cover up sexual abuse.Doug Mills/The New York TimesA mad scramble was on to identify a new speaker candidate. Names of prominent and seasoned House Republicans were bandied about, but Mr. DeLay, a singular force in the chamber, was not about to accept one of them as a potential rival.He turned to a fairly innocuous Illinois Republican who had watched Mr. Livingston from the back row of the House, J. Dennis Hastert, a former wrestling coach who served as Mr. DeLay’s chief deputy and would not be a threat to usurp much of his influence. Mr. DeLay and others told Mr. Hastert that he needed to step up to unify Republicans.By the end of the day, Republicans had approved articles of impeachment against Mr. Clinton and coalesced around Mr. Hastert as the next speaker — a rapid resolution that Mr. Upton noted was lacking in the present speaker drama. He said Republicans should have moved much more quickly after the vote to depose Mr. McCarthy to install someone rather than recessing for the week.“It would have been over and done with,” Mr. Upton said.Mr. Hastert went on to be the longest-serving Republican speaker in history before Democrats won the House back in 2006. But his public career ended in disgrace when he was convicted and sentenced to 15 months in federal prison in 2016 for paying to cover up admitted sexual abuse of young wrestlers committed long before he rose to surprising power in Congress.Mr. DeLay, his patron, was forced from Congress by ethics issues but ultimately had his conviction on campaign finance violations thrown out of court. Mr. Livingston went on to become a successful Washington lobbyist. Mr. Clinton was acquitted by the Senate. Mr. Gingrich remains a voice in G.O.P. politics. And Republicans still struggle with speaker issues. More

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    Democrats Need to Pick Up the Pace of Putting Judges on the Bench

    With the outcome of the 2024 elections for the president and control of the Senate very much up in the air, Democrats must make a concerted effort to fill federal judicial vacancies before next November.Republicans did this very effectively before the end of the Trump presidency, leaving few vacancies for President Biden to fill when he took office. Now the Democrats must emulate that approach. And they must do so now.At the moment, there are two vacancies without nominees on appeals courts and 37 on district courts. Because the evaluation process of nominees takes time, it is imperative that the Biden administration quickly name nominees to those and future vacancies. The Senate then must work expeditiously to confirm those deemed suitable for the lifetime appointments.Mr. Biden has nominated 186 people to Article III judgeships, which include the Supreme Court and the federal appeals and district courts, according to the White House. At this point in their tenures, George W. Bush had nominated 211, followed by Mr. Trump’s 206, according to the Heritage Foundation’s Judicial Appointment Tracker. There have been inexplicable and troubling delays in this process. For example, two years ago, Judge Diana Motz of the United States Court of Appeals for the Fourth Circuit in Richmond, Va., announced that she would take senior status, a form of semiretirement, when a successor was confirmed. She took senior status last year, though no replacement had been named at that time. And still no one has been nominated for this important judgeship.Time may be running out for the Biden administration.It is critical for federal judges who would like to be replaced by a Democratic president to take senior status so that Mr. Biden can appoint their successors with sufficient time to allow them to be confirmed by the current Senate. A federal judge or justice may take senior status after meeting the age and service requirements of the “Rule of 80” — the judge must be at least 65 years old, and the judge’s age and years of service must add up to 80. A total of 121 federal judges are now eligible for senior status but have not announced their plans, according to the group Balls and Strikes, which tracks that information. Of those, 44 were appointed by Democratic presidents. By Jan. 20, 2025, the date of the next presidential inauguration, that number could rise to 69.There is little reason for judges not to take senior status. They can continue to hear cases, even carry a full load of cases. And taking senior status allows the president to fill that seat on the bench. The judge can condition taking senior status on the confirmation of a successor. A senior judge typically is not allowed to participate in en banc decisions, where all (or a significant number) of the judges on the court review a matter that is particularly significant or complex. But that is the main restriction on what a senior judge may do.We are long past the time when it could be said that judges appointed by Republican and by Democratic presidents were indistinguishable. This was made clear in an analysis of Supreme Court rulings published in July 2022 by the data-driven news site FiveThirtyEight, which found the partisan divide among the current justices “is deeper than it’s been in the modern era.”And this partisan divide is not confined to the Supreme Court. There are often huge differences between how judges in the lower courts who were appointed by Democratic and by Republican presidents decide cases. For example, a federal appeals court recently upheld Tennessee and Kentucky laws prohibiting gender-affirming care for transgender minors, with the two Republican-appointed judges siding with the states and a judge initially nominated by President Bill Clinton dissenting. Whether it is reproductive rights or gun rights or employee rights, or in countless other areas, the outcome often depends on which president appointed the judge or judges hearing the case.For that reason, I wrote an opinion article in The Los Angeles Times in March 2014 urging Justice Ruth Bader Ginsburg, then 81, to retire so that President Barack Obama could replace her while there was a Democratic Senate and someone with progressive values would take her seat. She took offense at the suggestion, also raised by others, and remained on the bench until she died in September 2020, when President Trump replaced her with the conservative Justice Amy Coney Barrett. Justice Ginsburg gambled, and America lost.Likewise, I think of the liberal federal court of appeals judges who did not take senior status, though they were eligible during the Obama presidency. For example, Judge Stephen Reinhardt of the Ninth Circuit declined to take senior status; when he died at age 87 in 2017 President Trump replaced him with a conservative judge. By the time another liberal Ninth Circuit judge, Harry Pregerson, decided to take senior status in late 2015, he was 92, and though Mr. Obama quickly nominated a replacement, it was late in his term and got caught up in politics and President Trump ended up appointing another conservative to the seat.Creating vacancies will matter only if Mr. Biden quickly names replacements and the Senate confirms the nominees. If the president is not re-elected, the Republican president will fill any vacancies that exist upon taking office. And regardless of the outcome of the presidential election, if the Republicans take control of the Senate, the confirmation of judicial candidates nominated by a Democratic president will be far more difficult. That is why immediate action is imperative.A president’s most long-lasting legacy is arguably the judges he appoints. Many will serve for decades after the president leaves office. Republicans have tended to recognize this much more than Democrats. That needs to change, and quickly.Erwin Chemerinsky is the dean of the law school at the University of California, Berkeley.Source photographs by John Slater and SergeyChayko/Getty ImagesThe Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Biden, Trump and the 2024 Field of Nightmares

    In the bottom of the 10th inning of the sixth game of the 1986 World Series, with the Boston Red Sox leading the New York Mets 5-3, Red Sox manager John McNamara sent Bill Buckner — a great hitter dealing with terrible leg problems that made him gimp his way around first base — back out to play the infield instead of putting in Dave Stapleton, Buckner’s defensive replacement. A half-dozen at-bats later, a Mookie Wilson ground ball went through Buckner’s wobbly legs, sending the World Series to Game 7 and a certain 6-year-old Red Sox fan to bed in desperate tears.Those tears were my first acquaintance with the harsh truth of a baseball aphorism: The ball will always find you. Meaning that if you place a player where he shouldn’t be, or try to disguise a player’s incapacity by shifting him away from the likely action, or give a player you love a chance to stay on the field too long for sentimental reasons, the risk you take will eventually catch up to you, probably at the worst possible moment.Obviously, this is a column about President Biden’s age. But not only about Biden, because America has been running a lot of Buckner experiments of late. Consider the dreadful-for-liberals denouement of Ruth Bader Ginsburg’s career, where nobody could tell a lifetime-tenured Supreme Court justice who had survived cancer that it was time to step aside and Democrats were left to talk hopefully about her workout regimen as she tried to outlast Donald Trump. And she almost did — but in the end, her legacy was reshaped and even unmade by a decision to stay too long on the political field.Or consider the Trump presidency itself, in which voters handed a manifestly unfit leader the powers of the presidency and for his entire term, various Republicans tried to manage him and position him and keep him out of trouble, while Dave Stapleton — I mean, Mike Pence — warmed the bench.This managerial effort met with enough success that by the start of 2020, Trump seemed potentially headed for re-election. But like a series of line drives at an amateur third baseman, the final year of his presidency left him ruthlessly exposed — by the pandemic (whether you think he was too libertarian or too Faucian, he was obviously overmastered), by a progressive cultural revolution (which he opposed but was helpless to impede), by Biden’s presidential campaign and finally by his own vices, which yielded Jan. 6.Naturally, Republicans are ready to put him on the field again.These experiences set my expectations for what’s happening with Democrats and Biden now. The increasing anxiety over Biden’s lousy poll numbers, which I discussed in last weekend’s column, has yielded a defensive response from Biden partisans. Their argument is that the president’s decline is overstated, that his administration is going well and he deserves more credit than he’s getting and that, as Vox’s Ian Millhiser suggests, the press is repeating its mistake with Hillary Clinton’s email scandal and making the age issue seem awful when it’s merely, well, “suboptimal.”I do not think Biden’s decline is overstated by the media; by some Republicans, maybe, but the mainstream press is, if anything, treading gingerly around the evident reality. But I do think Biden’s defenders are correct that the effect of his age on his presidency has been, at most, only mildly negative. It’s limited his use of the bully pulpit and hurt his poll numbers, but his administration has passed major legislation, managed a foreign policy crisis and run a tighter ship than Trump.Where I have criticisms of Bidenism, they’re mostly the normal ones a conservative would have of any liberal president, not special ones associated with chaos or incompetence created by cognitive decline.But in running Biden for re-election, Democrats are making a fateful bet that this successful management can simply continue through two sets of risks: the high stakes of the next election, in which a health crisis or just more slippage might be the thing that puts Trump back in the White House, and the different but also substantial stakes of another four-year term.“The ball will always find you” is not, of course, an invariable truth. It’s entirely possible that Biden can limp to another victory, that his second term will yield no worse consequences than, say, Ronald Reagan’s did, that having managed things thus far, his aides, spouse and cabinet can see the next five years through.But the Trump era has been one of those periods when providence or fate revenges itself more swiftly than usual on hubris — when the longstanding freedom that American parties and leaders have enjoyed, by virtue of our power and pre-eminence, to skate around our weak spots and mistakes has been substantially curtailed.Even Millhiser’s proposed analogy for the fixation on Biden’s age, the Clinton email scandal, fits this pattern. “Her emails” hurt Clinton at the last because they became briefly entangled with the Anthony Weiner sex scandal. This was substantively unfair, since nothing came of the Clinton emails found on Weiner’s laptop. But it was dramatically fitting, a near-Shakespearean twist, that after surviving all of Bill Clinton’s sex scandals the Clinton dynasty would be unmade at its hour of near triumph by a different, more pathetic predator.So whether it’s certain or not, I can’t help expecting a similarly dramatic punishment for trying to keep Biden in the White House notwithstanding his decline.That I also expect some kind of punishment from the Republicans renominating Trump notwithstanding his unfitness doesn’t make me inconsistent, because presidential politics isn’t quite the same as baseball. Unlike in a World Series, there need not be a simple victor: All can be punished; all of us can lose.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTOpinion) and Instagram. More

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    Why Is Joe Biden So Unpopular?

    Joe Biden is an unpopular president, and without some recovery, he could easily lose to Donald Trump in 2024.By itself, this is no great wonder: His two predecessors were also unpopular at this stage of their presidencies, also endangered in their re-election bids.But with Trump and Barack Obama, there were reasonably simple explanations. For Obama, it was the unemployment rate, 9.1 percent in September 2011, and the bruising battles over Obamacare. For Trump, it was the fact that he had never been popular, making bad approval ratings his presidency’s natural default.For Biden, though, there was a normal honeymoon, months of reasonably high approval ratings that ended only with the chaotic withdrawal from Afghanistan. And since then, it’s been hard to distill a singular explanation for what’s kept his numbers lousy.The economy is better than in Obama’s first term, inflation is ebbing, and the feared recession hasn’t materialized. The woke wars and Covid battles that disadvantaged Democrats are no longer central, and the post-Roe culture wars seem like friendlier terrain. Biden’s foreign policy team has defended Ukraine without (so far) a dangerous escalation with the Russians, and Biden has even delivered legislative bipartisanship, co-opting Trumpian promises about industrial policy along the way.This has created mystification among Democratic partisans as to why all this isn’t enough to give the president a decent polling lead. I don’t share that mystification. But I do think there’s real uncertainty about which of the forces dragging on Biden’s approval ratings matter most.Start with the theory that Biden’s troubles are mostly still about inflation — that people just hate rising prices and he isn’t credited with avoiding a recession because wage increases have been eaten up by inflation until recently.If this is the master issue, then the White House doesn’t have many options beyond patience. The administration’s original inflationary sin, the overspending in the American Rescue Plan Act, isn’t going to be repeated, and apart from the possibility of an armistice in Ukraine relieving some pressure on gas prices, there aren’t a lot of policy levers to pull. The hope has to be that inflation continues to drift down, real wages rise consistently and in November 2024, Biden gets the economic credit he isn’t getting now.But maybe it’s not just the economy. Across multiple polls, Biden seems to be losing support from minority voters, continuing a Trump-era trend. This raises the possibility that there’s a social-issues undertow for Democrats, in which even when wokeness isn’t front and center, the fact that the party’s activist core is so far left gradually pushes culturally conservative African Americans and Hispanics toward the G.O.P. — much as culturally conservative white Democrats drifted slowly into the Republican coalition between the 1960s and the 2000s.Bill Clinton temporarily arrested that rightward drift by deliberately picking public fights with factions to his left. But this has not been Biden’s strategy. He’s moved somewhat rightward on issues like immigration, in which progressivism’s policy vision hit the rocks. But he doesn’t make a big deal about his differences with his progressive flank. I don’t expect that to change — but it might be costing him in ways somewhat invisible to liberals at the moment.Or maybe the big problem is just simmering anxiety about Biden’s age. Maybe his poll numbers dipped first in the Afghanistan crisis because it showcased the public absenteeism that often characterizes his presidency. Maybe some voters now just assume that a vote for Biden is a vote for the hapless Kamala Harris. Maybe there’s just a vigor premium in presidential campaigns that gives Trump an advantage.In which case a different leader with the same policies might be more popular. Lacking any way to elevate such a leader, however, all Democrats can do is ask Biden to show more public vigor, with all the risks that may entail.But this is at least a strategy, of sorts. The hardest problem for the incumbent to address may be the pall of private depression and general pessimism hanging over Americans, especially younger Americans, which has been worsened by Covid but seems rooted in deeper social trends.I don’t see any obvious way for Biden to address this issue through normal presidential positioning. I would not recommend updating Jimmy Carter’s malaise speech with the therapy-speak of contemporary progressivism. I also don’t think the president is suited to be a crusader against digital derangement or a herald of religious revival.Biden got elected, in part, by casting himself as a transitional figure, a bridge to a more youthful and optimistic future. Now he needs some general belief in that brighter future to help carry him to re-election.But wherever Americans might find such optimism, we are probably well past the point that a decrepit-seeming president can hope to generate it himself.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTOpinion) and Instagram. More