The Emory Wheel
Editorials
Wednesday, February 15, 2017 | Editorials Editor: Annie Cohen (annie.cohen@emory.edu)
Editorials
Sterk Rightfully Opposes Travel Ban A university president’s responsibilities are largely uncontroversial: serving as a figurehead, cozying up to major donors and representing the University’s interests. But these are not ordinary times. In signing a letter opposing President Trump’s “travel ban” alongside 47 colleagues from peer institutions, President Claire E. Sterk upheld her obligation to advocate on behalf of Emory’s best interests and, indeed, the best interests of American higher education. Our past editorials have advocated against designating Emory a sanctuary campus, an ineffective and potentially dangerous label. This letter was a more tangible — and more importantly, indisputably lawful — statement that directly coincided with Emory’s mission and core interests, but did not give the Trump administration legal ammunition to justify retribution (e.g., cutting funding). A call to “rectify or rescind the recent executive order” and implement evidencedbased vetting is distinct from vowing to break federal law. Education is not, and should not be, a partisan issue. In academia, the free movement of people between institutions in different
countries and their ideas is fundamental to progress; conversely, isolation impedes this progress. Researchers stand on the backs of their predecessors’ findings to reach greater heights. They glean inspiration from global conferences, visiting lecturers and cross-continental collaboration with scholars. President Trump’s travel ban hinders academic dialogue and with it, Emory’s capacity as a research institution. Had the Ninth Circuit Court not upheld the temporary restraining order against Trump’s executive action last Thursday, Emory and every other global academic institution would have suffered. From Emory’s perspective, the knowledge and experience these immigrants bring far outweigh any risks they might pose. Sterk’s co-signing of the letter was criticized as both an unnecessary politicization of the University and an action that alienates Emory’s conservative community. But her decision was not only logical, but necessary for Emory to continue occupying a place at the helm of American higher education. Emory has achieved global recognition as an academic force over 180 years — let us not turn back now.
Berkeley Protestors Violated Free Speech Over 1,000 people gathered peacefully to protest Milo Yiannopoulos’ speech at the University of California, Berkeley, last Wednesday. Yiannopoulos is a right wing provocateur who has been widely criticized for his views on homosexuality, Black Lives Matter activists and feminism. His had been invited to campus by the Berkeley College Republicans. Then, to disrupt the event, roughly 150 individuals smashed windows, threw Molotov cocktails and assaulted two College Republicans and a woman wearing a “Make America Great Again” hat. The Daily Californian, the student newspaper at Berkeley, published several opeds that defended the violence as a necessary measure against hate speech. Violence may have forced the cancellation of Yiannopoulos’ speech, but blocking him from speaking did little to stop his message. In fact, the protests drew more attention to Milo and his platform; if there was no violence, his speech at Berkeley would have been a routine stop on his campus tour. This aggressive strategy is neither
sustainable nor effective at implementing social change. The violent protesters may not like Yiannopoulos or his message, but their actions infringed on a basic human right — free speech. The best way to combat radical ideas is not to suppress them but to let them be heard, then combated with more speech. Yiannopoulos’ campus appearance was cancelled, but his ideas remained, temporarily silenced by violence rather than being disproven by reason. To be clear, this is not an endorsement of Yiannopoulos. Rather, it is a defense of the First Amendment, especially as many on college campuses, including The Harvard Crimson’s Editorial Board, have begun to question its value. Yiannopoulos’ message may be unpalatable, but he should be given an opportunity to speak to any who wish to hear him. Those who oppose the things he says, too, should be allowed to speak refute his claims. This is not only the most productive way to combat hateful speech, it’s also demanded by our democracy.
The above editorials represent the majority opinion of the Wheel’s Editorial Board. The Editorial Board is comprised of Anthony Chau, Annie Cohen, Duncan Cock Foster, Zachary Issenberg, Jennifer Katz, Madeline Lutwyche, Shemlah Naphish, Boris Niyonzima and Tarrek Shaban.
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Rising Above McConnell’s Mishigas Matthew Ribel On Jan. 31, while the Trump administration enjoyed its first and only controversy-free day, my deepest, darkest fears became reality — Sen. Mitch McConnell was rewarded handsomely for his Merrick Garland antics. ith President Trump’s nomination of Judge Neil Gorsuch to fill Antonin Scalia’s Supreme Court seat, the Senate Majority Leader not only got the conservative justice for whom he had been pining, but also validated his long-standing belief that he has no obligation to respect the institutional norms of American government. McConnell’s unprecedented 294-day blockade of President Obama’s nominee to the high court was not just an isolated incident — it was the culmination of a lengthy series of iconoclastic maneuvers aimed at consolidating power. Over the last 31 years, McConnell built a career off unabashedly-obstructionist tactics, foregoing responsible governance in favor of grandstanding and empty rhetoric — he is the physical manifestation of everything that everyday Americans despise about Washington elites, now boasting the highest disapproval rating of any sitting member of the Senate. A cold, calculating opportunist, McConnell showed time and time again that he only respects norms when it’s politically expedient to do so. Once an avid user of the filibuster during debates in the 1990s over McCain-Feingold campaign finance reform, McConnell has since changed his tune on the controversial delay tactic — now that it’s convenient for him. Becoming the most powerful man in the Senate in 2010 only gave him a larger platform for his nonsense; he stated from the getgo that “our top political priority over the next two years should be to deny President Obama a second term.” Though that never came to fruition, his party kept their promise to fervently oppose the president at every step, blocking an ambassadorial nominee for 820 days (the count ended only by her death) as retribution for the president’s signing of the Iran nuclear deal, and leaving 61 federal judicial nominees unconfirmed. This isn’t normal, and shouldn’t be regarded as such. McConnell’s behavior is irresponsible, dangerous, and corrosive to the robustness of American democracy. In light of this, I hold an opinion wildly unpopular with most Democrats, and am prepared to make one of my most heavily-qualified statements ever. Did Senators Cruz (R-TX) and Burr (R-NC) imply that they would have allowed the court vacancy to go unfilled for four years if Clinton had won? Yes. Did DC’s resident invertebrate, Speaker Paul Ryan, insist that the Senate was not constitutionally-obligated to hold hearings on a judicial nominee? Sadly. Was Merrick Garland’s demise an abject travesty, brought to us by partisan hackery? Absolutely. Despite all of this, the Democrats should treat Gorsuch exactly the way that they would one of their own nominees — with tact and without contrived delay tactics. There is no doubt that Gorsuch is a nightmare to social progressives (though no more so than Justice Scalia); however, from a strictly pragmatic perspective, Gorsuch’s brand of consistent and principled separation-of-powers
constitutionalism bodes well for those seeking a powerful check against executive overreach in the new administration. In many ways, Trump’s nominee is the anti-Trump — a staunch advocate for Fourth Amendment protections and decentralized power. The Democrats are not going to get a remotely-liberal nominee for at least another four years, and pie-in-the-sky idealism has not proven to be an effective strategy in recent election cycles. Building political capital is all about strategically choosing points of engagement, and this should not be one of them. It’s not an easy decision to make, and the calculus is complex, with plenty of moving parts. Democrats can either choose to filibuster, thus requiring a 60-vote threshold for confirmation, in an attempt to derail the nominee, or they can proceed as usual with a simple-majority vote. Should they choose to filibuster, Senate Republicans possess the numbers, political will and ability to do away with the judicial filibuster (the so-called “nuclear option”), and confirm Gorsuch anyway. This would cause problems down the line if another justice were to leave the bench, thereby creating a situation in which the ideological balance of the court could flip. The dilemma reveals a larger issue at hand for the Democrats — at present, they have no overarching political strategy. While the most vocal members of the liberal base are clamoring for fireworks and in vehement opposition to Trump (resembling the Republicans vs. Obama in 2010), this is not necessarily the case in the moderate wing of the party, which seeks to balance principle with responsible governance. Is sacrificing the filibuster a suitable price to pay for a strictly symbolic move that appeals only to a vocal minority? Is caving on Gorsuch really an event that will depress progressive turnout in two years? Given the uncertainty, the risk of Democrats overplaying their hand seems too large to justify an action with dubious payoff. Instead, Democrats must assert themselves as the party of accountability, championing steadfast commitment to the very norms that allow our government to function properly. Trump made it increasingly clear just how important these norms are in situations where no formal laws exist to temper the behavior of those in power. The next several months will be telling — was “when they go low, we go high” just a kitschy campaign slogan, or is it something more? The Supreme Court is one of America’s last bastions of institutional integrity. It is not perfect, nor is it some fortress of impartiality, completely immune from politics, but it is undoubtedly the most dignified branch of our dysfunctional government, steeped in rich tradition and an unabating reverence for the Constitution. Congress must treat it with the respect it deserves — so much more than what it has been given. Indefinite obstruction of Supreme Court nominees is neither right nor sustainable. I do not expect Senate Democrats to vote for Gorsuch, but if they’re going to do so, vote him down fairly and on his merits, or lack thereof, not because of Mitch McConnell’s tomfoolery. Matthew Ribel is a College sophomore from Chantilly, Va.