The Commentariat -- June 29, 2015
Internal links removed.
ScotusBlog is liveblogging today's Supreme Court opinions. Amy Howe: "We expect decisions in Glossip v. Gross (the challenge to Oklahoma's lethal injection procedure and in particular its use of midazolam, a sedative); Utility Air Group v. EPA (Clean Air Act and when EPA must consider costs); and Arizona Legislature v. Arizona Independent Redistricting Commission (whether Arizona voters can transfer power over federal congressional districting to an independent commission)." ...
... Adam Liptak of the New York Times: "The Supreme Court ruled on Monday against three death row inmates who had sought to bar the use of an execution drug they said risked causing excruciating pain. Justice Samuel A. Alito Jr. wrote the majority opinion in the 5-to-4 decision. He was joined by the court's four more conservative justices." CW: Nonetheless, my friends, Alito abhors infliction of excruciating pain on puppies.
5-4 decision in Arizona elections case; Kennedy joins "liberals" in majority opinion. Amy Howe: "The Court has several times refused to address the question whether partisan gerrymandering violates the Constitution. This decision gives the states an opportunity to deal with partisan gerrymandering by giving an independent commission power to draw federal congressional districts." ...
... Adam Liptak: "The Supreme Court ruled on Monday that Arizona's voters were entitled to try to make the process of drawing congressional district lines less partisan. Justice Ruth Bader Ginsburg wrote the majority opinion in the 5-to-4 decision. She was joined by Justices Anthony M. Kennedy, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan."
... Amy Howe: Utility Air case, 5-4 in favor of plaintiff, opinion by Scalia. Amy Howe: "The EPA must consider costs before deciding whether regulation is appropriate and necessary; it will up to the agency to decide, within limits of reasonable interpretation, how to account for costs.... Kagan dissents, joined by RBG, Breyer, and Sotomayor." ...
... Adam Liptak: "The Supreme Court on Monday blocked one of the Obama administration's most ambitious environmental initiatives, one meant to limit emissions of mercury and other toxic pollutants from coal-fired power plants. Industry groups and some 20 states challenged the Environmental Protection Agency's decision to regulate the emissions, saying the agency had failed to take into account the punishing costs its regulations would impose."
The Lord is my light and my salvation, whom shall I fear? -- Bree Newsome, as she descended the flagpole in front of the South Carolina statehouse, confederate flag in hand
... Karen Attiah of the Washington Post: "By her words, [Bree Newsome] is refusing to fear the hatred behind the symbol, the longstanding system in America of the forced labor of blacks under the threat of the most unspeakable forms of torture, terror, violence and death.... Her words stand as powerful example of defiance in the faces of agents of the state in America, who historically have taken black lives with impunity for generations.... For all of us, Bree Newsome moves beyond the trope of the knee-jerk, saintly forgiveness expected of black Americans subjected to violence. Importantly, she stands for us all as an example of the Bible as blueprint for nonviolent resistance in the face of blatant social injustice around the world."
Matt Flegenheimer & Vivian Yee of the New York Times: "Two days after the United States Supreme Court affirmed same-sex marriage as a right, well-timed pride parades on Sunday in the country's twin hubs of gay activism, New York City and San Francisco, promised a sort of social catharsis -- a bicoastal toast to the nation's rapid shift on gay rights and an extended curtain call for the movement that coaxed it." ...
E. J. Dionne: "... the core liberal conviction about jurisprudence, developed during and after the New Deal years, still rings true: that the Supreme Court plays its most constructive role in our national life when it uses its power to vindicate the rights of beleaguered and disadvantaged minorities."
... the Court invalidates the marriage laws of more than half the States and orders the transformation of a social institution that has formed the basis of human society for millennia, for the Kalahari Bushmen and the Han Chinese, the Carthaginians and the Aztecs. Just who do we think we are? -- Chief Justice John Roberts, dissent in Obergefell
It's not quite clear to WorldViews why Roberts decided to implicate these four particular cultures in his opposition to the legalizing of gay marriage. But we can suggest reasons why they are hardly exemplars of 'traditional' unions between men and women. -- Ishaan Tharoor of the Washington Post, who goes on to decimate Roberts' supposed "traditional marriage" enthusiasts." An excellent read.
Andrew Koppelman of the New Republic: "John Roberts's claims of judicial restraint should be taken with a grain of salt.... Dartmouth professor Brendan Nyhan writes that what may look like a leftward tendency on the Supreme Court is actually the consequence of conservatives' willingness to try out increasingly extreme legal theories in the Court.... Claims that would have been summarily rejected a few years ago are now taken seriously by constitutional lawyers.... The essence of Roberts's restraint is this: He is less of a zealot than his colleagues on his right. That isn't saying much."
Esther Breger of the New Republic: "... Kennedy's florid language, some of which might be more at home at a vow-renewal ceremony, presented a vision of marriage's role in society that's archaic and all too common.... It was hard to shake the suspicion that parts of Justice Kennedy's opinions, like the part where he suggests unmarried people are 'condemned to live in loneliness,' were written with the consultation of my Jewish mother."
... Via Driftglass.
... Nick Gass of Politico: "Louisiana will comply with the Supreme Court's order legalizing same-sex marriage, Gov. Bobby Jindal said Sunday. 'We don't have a choice. Our agencies will comply with the court order,' the Republican presidential contender said on NBC's 'Meet the Press' after being asked why his state is the only one that has not yet issued marriage licenses to same-sex couples. Appearing from the state capital, Baton Rouge, the governor explained his state is waiting on a 5th U.S. Circuit Court of Appeals decision to reverse a previous ruling upholding traditional marriage and implement the high court's ruling. On Friday, the state's attorney general's office issued a statement saying it found nothing in the Supreme Court's decision that made it a legal requirement for officials to comply immediately." CW: Following his interview of Jindal, "MTP" host Chuck Todd introduced a video celebrating June weddings. All of the featured couples were opposite-sex. Todd said the video had been prepared prior to Friday's Supreme Court decision & added that he hoped viewers would see the video as "gender-neutral." ...
... Nullification, Texas-Style. Austin American-Statesman: "County clerks can refuse to issue marriage licenses to same-sex couples based on religious objections to gay marriage, Texas Attorney General Ken Paxton said Sunday. Paxton noted that clerks who refuse to issue licenses can expect to be sued, but added that 'numerous lawyers stand ready to assist clerks defending their religious beliefs,' in many cases without charge.... Paxton's opinion also noted that judges and justices of the peace can refuse to perform same-sex marriages.... Paxton said Friday's 'flawed' opinion from the U.S. Supreme Court, which overturned bans against same-sex marriage in Texas and other states, placed religious people in conflict between following their faith and the U.S. Constitution." ...
... Mark Oppenheimer in a Time opinion essay: "Rather than try to rescue tax-exempt status for organizations that dissent from settled public policy on matters of race or sexuality, we need to take a more radical step. It's time to abolish, or greatly diminish, their tax-exempt statuses." CW: Too bad that's not going to happen.
Alan Blinder of the New York Times: "On Sunday afternoon, hours after the weekly worship service, the pews of Emanuel African Methodist Episcopal Church filled again, and [Charleston, S.C.,] turned anew to the rite, now sadly familiar, of mourning another victim of a massacre. This time ... the congregation memorialized the Rev. DePayne Middleton-Doctor, a mother of four who was an admissions coordinator at Southern Wesleyan University, one of her alma maters. Earlier on Sunday, Vice President Joseph R. Biden Jr. visited the church and, less than a month after the death of one of his sons, invoked his own battles with grief during a stirring and brief speech to the congregation." ...
... Dan Morse of the Washington Post: "Vice President Biden paid a surprise visit to Sunday morning services at Emanuel AME Church [in Charleston], telling congregants that he came to support them and to help get through his own mourning. 'My family and I wanted to show our solidarity,' Biden said during five minutes of remarks.... The vice president arrived with his son Hunter and his daughter-in-law Kathleen. He spoke about his anguish since the death of his son Beau from brain cancer last month." ...
... Bryce Covert of Think Progress: "According to the Southern Poverty Law Center, at least six predominantly black churches in four Southern states have been damaged or destroyed by fire in the past week. While some may have been accidental, at least three have been determined to be the result of arson." ...
... Timothy Cama of the Hill: "Rep. Peter King (R-N.Y.) said he totally 'disregarded' a New York Times report, based on findings from the New America Foundation, that white supremacists, anti-government extremists and others have killed nearly twice as many people as radical Muslims since the Sept. 11, 2001 terrorist attacks.... 'Everything should be investigated, everything should be stopped,' King said. 'But to compare these deranged white supremacists with an organized international terrorist movement, that's The New York Times at its worst.'" ...
... CW: If Peter King were not such an ideological ignoramus, he would know that Charleston assassin Dylann Roof, among many other American white supremacists, have been heavily influenced by the international white supremacy movement which encourages such so-called "lone wolf" attacks. BTW, Petey, wouldn't the Irish Republican Army -- whose violent actions you reportedly aided & abetted -- be a white international terrorist organization? Look in the mirror, you jerk. You used to be a card-carrying white member of the international terrorist movement. And shame on George Stephanopoulos for not calling you out on your hypocrisy. ...
... Jim Fallows analyzes President Obama's eulogy to the Rev. Clementa Pinckney.
Robert Reich: "Almost lost by the wave of responses to the Supreme Court's decisions last week upholding the Affordable Care Act and allowing gays and lesbians to marry was the significance of the Court's third decision -- on housing discrimination. In a 5-4 ruling, the Court found that the Fair Housing Act of 1968 requires plaintiffs to show only that the effect of a policy is discriminatory, not that defendants intended to discriminate. The decision is important in the fight against economic apartheid in America -- racial segregation on a much larger geographic scale than ever before."
Paul Krugman: "... next week [the Greek government] will hold a referendum on whether to accept the demands of the 'troika' -- the institutions representing creditor interests -- for yet more austerity. Greece should vote 'no,' and the Greek government should be ready, if necessary, to leave the euro.... These supposed technocrats [of the troika] are in fact fantasists who have disregarded everything we know about macroeconomics, and have been wrong every step of the way. This isn't about analysis, it's about power -- the power of the creditors to pull the plug on the Greek economy...." ...
... The New York Times is liveblogging developments in the Greek crisis.
Michael Corkery & Mary Walsh of the New York Times: "Puerto Rico's governor, saying he needs to pull the island out of a 'death spiral,' has concluded that the commonwealth cannot pay its roughly $72 billion in debts, an admission that will probably have wide-reaching financial repercussions."
Presidential Race
John Wagner & Anne Gearan of the Washington Post: Sen. Bernie "Sanders -- a self-described democratic socialist -- has seen his crowds swell and is gaining ground in the polls on the formidable Democratic front-runner, Hillary Rodham Clinton. In New Hampshire, where Sanders was on yet another weekend swing, one survey last week showed him within 8 percentage points of Clinton. Sanders's emerging strength has exposed continued misgivings among the party's progressive base about Clinton, whose team is treading carefully in its public statements. Supporters have acknowledged privately the potential for Sanders to damage her -- perhaps winning an early state or two -- even if he can't win the nomination." ...
... Mark Hensch of the Hill: "Sen. Bernie Sanders (I-Vt.) said Saturday he has been waiting for the nation to catch up to his support for same-sex marriage.... He argued he was well ahead of the historic decision, unlike Hillary Clinton.... 'Back in 1996, that was a tough vote, Sanders said of his opposition to the Defense of Marriage Act (DOMA)....Sanders at the time served in the House of Representatives, which voted 342-67 in favor of DOMA. The Senate voted 85-14 in favor, before former President Bill Clinton signed it into law. 'That was an anti-gay marriage piece of legislation,' he added of the law that defined marriage at the federal level as the coupling of one man and one woman."
I believe marriage is not just a bond but a sacred bond between a man and a woman.... The fundamental bedrock principle that [marriage] exists between a man and a woman, going back into the midst of history as one of the founding, foundational institutions of history and humanity and civilization, and that its primary, principal role during those millennia has been the raising and socializing of children for the society into which they are to become adults. -- Sen. Hillary Clinton, in a 2004 Senate speech ...
... Sam Biddle of Gawker: "A decade prior, she stood by her husband as he signed the Defense of Marriage Act, a piece of legislation that codified gay America's second-class status.... Only in 2013, as a presumptive 2016 presidential contender, did Clinton reverse her stance."
Tales of a Sleazy Scion. Robert O'Harrow & Tom Hamburger of the Washington Post on Jeb Bush: "... records, lawsuits, interviews and newspaper accounts stretching back more than three decades present a picture of a man who, before he was elected Florida governor in 1998, often benefited from his family connections and repeatedly put himself in situations that raised questions about his judgment and exposed him to reputational risk."
James Hohmann of the Washington Post: "Chris Christie will use his Tuesday announcement, at the high school where he graduated, to present himself as the candidate in the 2016 field with the biggest and boldest ideas. The New Jersey governor plans to continue unveiling a steady stream of provocative policy plans in the coming months aimed at generating free media coverage and forcing Republican rivals to say whether or note they agree." As the Wall Street Journal also noted, Christie's venue of choice is "risky," since it will bring to mind Christie's old schoolmate David Wildstein, who pled guilty to charges related to the closing of the George Washington Bridge. Christie attempted to distance himself from Wildstein by boasting, "We were not even acquaintances in high school ... We didn't travel in the same circles in high school. I was class president and an athlete, I don't know what David was doing."
Relying in part on Justice Clarence Thomas's dissent in Obergefell, Rand Paul, in a Time opinion piece, makes the libertarian argument for governments' getting out of the marriage business. CW: Perhaps the right conclusion; definitely for many of the wrong reasons. ...
... Elizabeth Bruenig of the New Republic: "Senator Rand Paul ... remained conspicuously silent until yesterday, when he published a rambling op-ed in Time that's insightful in only one unintended way: It demonstrates how he plans to capitalize on conservatives' concerns about the future of marriage by pushing calamitous economic projects."
Sean Sullivan of the Washington Post: "Republican presidential hopeful Lindsey O. Graham (S.C.) warned in an interview broadcast Sunday that if his party embraces the idea of pursuing a constitutional amendment defining marriage as between a man and a woman, it will damage the Republican Party's chances of winning the 2016 election. 'I don't believe there is any chance for a constitutional amendment defining marriage between one man and one woman to get a two-thirds vote in the House or the Senate and be ratified by three-fourths of the states,' he said on NBC's 'Meet The Press.'"
David Edwards of the Raw Story: "Although [Donald Trump] has said his views are 'evolving,' his campaign position is that only 'traditional marriage' between 'a man and a woman' should be legal.... After the U.S. Supreme Court effectively legalized same-sex marriage on Friday, Trump accused Chief Justice John Roberts of letting the country down.... [Um, Donald, Roberts dissented in the Obergefell case.] CNN host Jake Tapper [asked] ... Trump about how his three marriages were morally justified if he only believed in so-called 'traditional marriage' values.... 'Well, they have a very good point,' Trump admitted."
Mark Hensch: "Ben Carson won the 2015 Western Conservative Summit straw poll, organizers announced on Sunday. Colorado Christian University's Centennial Institute said in a statement that Carson took 224 of the 871 votes cast during the weekend event. The Centennial Institute said that Carson is its first back-to-back winner since the straw poll started in 2011. Sen. Ted Cruz (R-Texas) won in 2013, Sen. Marco Rubio (R-Fla.) took the top spot in 2012 and former Godfather's Pizza CEO Herman Cain was the winner in 2011.Former Hewlett Packard chief executive Carly Fiorina captured 201 votes for second place in the latest straw poll." CW: Apparently the poll is an excellent predictor of who will win the nomination.
Mike Allen of Politico: "Ohio Gov. John Kasich will jump into the crowded Republican presidential field on July 21 at the student union at his alma mater, The Ohio State University, in Columbus...." Apparently God sent the signal.
American "Justice," Ctd. Rachel Aviv of the New Yorker: "Caddo Parish[, Louisiana] issues more death sentences per capita than anywhere else in the nation, and three-quarters of the people on death row are black." The story of one young black man's death-sentence conviction for a "crime" he most likely did not commit.
Beyond the Beltway
"Party of One." Katharine Seelye of the New York Times: "In the last few weeks, [Maine Gov. Paul] LePage's pugnaciousness has surprised even his critics, and prompted some to raise the specter of impeachment. In a standoff that began with differences over tax policy, Mr. LePage has alienated just about the entire Legislature, including his fellow Republicans and erstwhile allies. He has called them names and gone on a veto spree, canceling a record number of bills...; in turn, the Legislature has responded with an override spree, reviving many bills unanimously. On Monday, Mr. LePage is expected to veto the $6.7 billion, two-year state budget; the Legislature will return Tuesday, when it is expected to override the veto."
Michael Miller of the Washington Post: Dr. James Bradstreet, a prominent anti-vaccine doctor who claimed vaccinations caused autism, was found dead in a river in Chimney Rock, North Carolina, a bullet wound in his chest. Authorities have ruled his death a suicide, buth is family & supporters see a conspiracy to murder him."