The Commentariat -- May 6, 2014
Internal links, graphic removed.
Suzanne Goldenberg of the Guardian: "Barack Obama has signed up for eight interviews with TV meteorologists on Tuesday to defend a landmark report against those who deny climate change. The interviews were scheduled as part of a carefully co-ordinated rollout of the National Climate Assessment. The exhaustively detailed account of the impact of climate change on America will be formally launched at the White House on Tuesday."
Conservative Justices: Free Speech for Me but Not for Thee. Adam Liptak of the New York Times: "In cases raising First Amendment claims, a new study found, Justice Scalia voted to uphold the free speech rights of conservative speakers at more than triple the rate of liberal ones.... Social science calls this kind of thing 'in-group bias.' ... Lee Epstein, a political scientist and law professor who conducted the new study with two colleagues, said it showed the justices to be 'opportunistic free speech advocates.' ... The Roberts court's more liberal members 'present a more complex story,' the study found. All supported free expression more often when the speaker was liberal, but the results were statistically significant only for Justice John Paul Stevens, who retired in 2010. In the case of Justice Stephen G. Breyer, the difference was negligible." ...
... Conservative Justices: Freedom of Religion for Me but Not for Thee. Lyle Denniston of ScotusBlog: "Stopping just short of abandoning a historic barrier to religion in government activity, a deeply divided Supreme Court ruled on Monday that local governments may open their meetings with prayers that are explicitly religious and may turn out to be largely confined to expressing the beliefs of one faith." (Emphasis added.)
... what we find here is that the principal dissent's objection, in the end, is really quite niggling. -- Justice Samuel Alito, on Justice Elena Kagan's dissent, in an opinion concurring with Justice Kennedy's majority opinion in Greece v. Galloway
An accurate translation is too offensive to write. -- Constant Weader
Dahlia Lithwick of Slate: "... not only did the court move the goal posts — from now on sectarian prayer will be permissible until it isn't -- but it also threw out the rule book and benched all the refs.... From now on we just do as the religious majorities say, so long as nobody is being damned or converted.... Alito and Kennedy ... [ha]ve reimagined the refusal of dissenters to either pray along or remove themselves from the room -- but in any event to stop kvetching -- as civic rudeness." ...
... Andy Borowitz: "In what legal experts are calling a landmark decision, on Monday the United States Supreme Court struck down what many believe to be the main reason the country was started. By a five-to-four vote, the Court eliminated what grade-school children have traditionally been taught was one of the key rationales for founding the United States in the first place. 'The separation of church and state has been a cornerstone of American democracy for over two hundred years,' said Justice Samuel Alito, writing for the majority. 'Getting rid of it was long overdue.'"
Robert Barnes of the Washington Post: "The Supreme Court Monday decided once again to stay out of the legal battle over whether some states are too restrictive in issuing permits to carry a handgun outside the home. The justices without comment turned down a request to review whether New Jersey's law requiring 'justifiable need' to get a handgun permit infringes on Second Amendment rights."
Sabrina Tavernise of the New York Times: "The death rate in Massachusetts dropped significantly after it adopted mandatory health care coverage in 2006, a study released Monday found, offering evidence that the country's first experiment with universal coverage -- and the model for crucial parts of President Obama's health care law...." ...
... Nick Budnick of the Oregonian (Friday): "The Federal Bureau of Investigation has opened at least a preliminary inquiry into Cover Oregon.... The law enforcement arm of the inspector general of the U.S. Department of Health and Human Services has also launched at least a preliminary inquiry into potential spillover from Cover Oregon into the state's Medicaid-funded Oregon Health Plan, The Oregonian has learned. Meanwhile, both the Government Accountability Office and the U.S. House oversight committee [that would be Darrell Issa] have announced their own investigations." ...
... Liz Kowalczyk of the Boston Globe: "Massachusetts plans to completely scrap the state's dysfunctional online health insurance website, deciding that it would be too expensive and time-consuming to fix the overwhelming number of flaws. Instead, officials will buy an off-the-shelf product used by several other states to enroll residents in health plans, while simultaneously preparing to join the federal HealthCare.gov insurance marketplace if that product fails." ...
... CW: It's hard to remain as baffled by the Healthcare.gov meltdown when you learn that state exchanges, which should be relatively easier to design, had such major fails, too. (Maryland is giving up on their system, too.) ...
... Jenna Levy of Gallup: "The uninsured rate for U.S. adults in April was 13.4%, down from 15.0% in March. This is the lowest monthly uninsured rate recorded since Gallup and Healthways began tracking it in January 2008.... This downward trend in the uninsured rate coincided with the health insurance marketplace exchanges opening in October 2013, and accelerated as the March 31 deadline to purchase health insurance coverage approached...." ...
... Reducing the number of uninsured Americans is not a goal in itself. The point of helping people get health insurance is to protect them from crippling medical bills, stabilize their finances, and give them access to health care when they need it. Raw numbers on coverage are just one indicator of progress towards that goal. But they're a pretty important one. -- Jonathan Cohn of the New Republic
Democrats bragging about the number of mandatory sign ups for Obamacare is like Germans bragging about the number of manditory [sic] sign ups for 'train rides' for Jews in the 40s. -- Tennessee State Sen. Stacey Campfield (R) ...
... Apparently this sick fuck elected official has not apologized. -- Constant Weader ...
... And he won't. Steve M. has some background on this sick fuck "obsessive-compulsive troll" elected official.
... Mark Trumbull of the Christian Science Monitor: "The American public is now evenly split in its opinion of the Affordable Care Act, an improvement in the law's standing, according to a new Christian Science Monitor/TIPP poll. Some 47 percent of American adults support the law known as Obamacare, and 47 percent are opposed, finds the poll, conducted between April 26 and May 1."
Ryan Reilly of the Huffington Post: Michele Leonhart, "the head of the Drug Enforcement Administration, is refusing to support a bill backed by the Obama administration that would lower the length of mandatory minimum sentences for federal drug crimes, putting her at odds with her boss Attorney General Eric Holder on one of the criminal justice reform initiatives he hopes to make a centerpiece of his legacy.... Leonhart was originally confirmed as deputy administrator of the DEA during the Bush administration in 2004, but was nominated to take over the agency by President Barack Obama over the objections of many drug policy reformers."
... The president chose his economic team, and when there was only so much time and so much money to go around, his economic team chose Wall Street instead of American families who were in trouble. -- Sen. Elizabeth Warren, in a HuffPost interview
... Greg Gordon of McClatchy News: "Declaring that 'there is no such thing as "too big to jail,'" Attorney General Eric Holder hinted on May 5th that the Justice Department is ready and willing to impose criminal sanctions on major banks or other financial institutions":
Peter Baker of the New York Times: "The White House has pressured the chief executives of some of America's largest energy, financial and industrial corporations into canceling plans to attend an international economic forum in Russia to be hosted by President Vladimir V. Putin this month, the latest effort to isolate Moscow in retaliation for its intervention in Ukraine."
Alex Rogers of Time: "Congressional Democrats launched a unified attack on Monday against the newly announced special House committee to investigate the Benghazi attacks as a political ploy that will waste taxpayer money, while Republicans defended the committee as a necessary next step in the investigation of a terrorist attack that killed a U.S. ambassador." ...
... ** Jane Mayer of the New Yorker: "If you compare the costs of the Reagan Administration's serial security lapses in Beirut to the costs of Benghazi, it's clear what has really deteriorated in the intervening three decades. It's not the security of American government personnel working abroad. It's the behavior of American congressmen at home." CW: A must-read.
Dean Obeidallah of the Daily Beast: "... when I first heard the outrage from some on the right to comedian Joel McHale and President Obama's jokes at the WHCD, I could only assume they were joking.... I might have more sympathy for the conservatives upset by Obama and McHale’s 'mean' jokes if I heard them denounce the truly hateful crap spewed in the past by people in their camp. Instead, we heard Rush Limbaugh's despicable comments calling Sandra Fluke a 'slut' and a 'prostitute' defended by Rick Santorum because he views Limbaugh as an 'entertainer.'" ...
... Speaking of Santorum: Let's not make this argument that we're for the blue-collar guy but we're against any minimum wage increase ever. It just makes no sense.... If the Republicans want to go out and say, 'we're against the minimum wage,' then go out and make the argument to the American public and the 80-some percent of the American public who believes we should have a minimum wage. -- Rick Santorum, in a "Morning Joe" appearance
Rick Santorum is more liberal than the vast majority of current U.S. Senators. That's heartening. -- Constant Weader ...
... AND Here's a Movie Santorum Should Watch. Tara Culp-Ressler of Think Progress: "Emily Letts, a 25-year-old abortion counselor at a clinic in New Jersey, knew that she wanted to use her own abortion story to help other woman making their own decisions about whether to end a pregnancy.... In an essay published on Cosmopolitan.com, Letts explains that she decided to film her procedure after trying and failing to find a video of a surgical abortion online.... Her video ... shows her doing some deep breathing and humming during the short procedure, as well as talking things over with the staff in the room." ...
... In her Cosmopolitian essay, Letts writes, "I had never been political about abortion rights before, but the idea of helping women through an abortion and supporting them and reassuring them that they are still wonderful and beautiful resoated deeply with me." ...
... Letts says in the video, "I just want to share my story." So we're sharing:
Annals of American "Journalism," Ctd.
To Fox "News," "Those People" All Look Alike. Erik Wemple of the Washington Post: In a story about the Korean ferry's sinking, Fox "News" aired footage of Nepalese mourning the loss of Sherpa guides in a Mount Everest avalanche.
To the New York Times, Conservatives & Liberals All Look Alike. CW: After you read Adam Liptak's story on the justices' biases, linked above, read what Steve M. has to say about the way Liptak frames the results for conservative & liberal justices. Steve is absolutely right. I had to cherrypick Liptak's story to present an accurate picture of the findings of the study he's reporting.
Jed Lewison of Daily Kos: "... numbers, pulled from every Fox transcript on Nexis for the dates in question, tells the story of what happens when it becomes clear that Obamacare is succeeding." Thanks to James S. for the link/
Beyond the Beltway
John Clarke of Reuters: "Maryland Governor Martin O'Malley on Monday approved a gradual hike in the state's minimum wage to $10.10 an hour as fellow Democrats seek to make raising the wage an issue ahead of this year's midterm congressional elections.... Maryland joins California, Hawaii, Connecticut and the District of Columbia in passing legislation or signing into law increases in the minimum wage."
CW: Aw, I just cain't keep up with the Bundys. Joe Schoenmann of the Las Vegas Sun: "Surrounded by reporters and supporters, Cliven Bundy's family protested peacefully in front of the Metro Police department this morning and filed criminal complaints against the federal Bureau of Land Management for assault and other alleged offenses." ...
... Among their complaints: BLM officers were impersonating police officers. The story by Henry Brean of the Las Vegas Review-Journal is more detailed, but I'm not citing it because the company that owns the paper is a well-known "copyright troll," "named after its practice of scouring the internet for 'violations' in order to make a profit." The Review-Journal owner loses in court, but I can't afford the nuisance suit.
It is not our practice to take crime reports on law enforcement agencies conducting a law enforcement function. In this case, the Bureau of Land Management is a recognized federal law enforcement agency. -- Las Vegas Metro police, in a statement
Mireya Navarro & Michael Grynbaum of the New York Times: "New York City will commit $8.2 billion in public funds to a 10-year housing plan that could transform the cityscape from Cypress Hills in Brooklyn to the shores of the Harlem River, while providing affordable homes to thousands of low- to middle-income residents, Mayor Bill de Blasio announced on Monday. In embracing a vision for a denser New York, the mayor intends to require, not simply encourage, developers to include affordable units in residential projects in newly rezoned areas around the city."
William Rashbaum & Susanne Craig of the New York Times: "Federal prosecutors in Manhattan have issued a grand jury subpoena seeking emails, text messages and other records from all the members of the anticorruption commission that Gov. Andrew M. Cuomo abruptly shut down in March, three people briefed on the matter said on Monday. The action by prosecutors from the office of Preet Bharara, the United States attorney for the Southern District of New York, comes just weeks after he took the unusual step of publicly criticizing the governor's shutdown of the panel and took possession of its investigative files."
Jon Swaine of the Guardian: "An Occupy Wall Street activist is facing up to seven years in prison after being convicted by a jury in Manhattan of assaulting a New York police officer as he led her out of a protest. Cecily McMillan was on Monday afternoon found guilty of deliberately elbowing Officer Grantley Bovell in the face in March 2012. After a trial lasting more than four weeks, the jury of eight women and four men reached their verdict in about three hours." ...
... ** Molly Knefel of the Guardian: "While this is nothing new for the over-policed communities of New York City, what happened to McMillan reveals just how powerful and unrestrained a massive police force can be...."
Congressional Races
Shushannah Walshe of ABC News: "The primary season is truly upon us as North Carolina, Ohio, and Indiana host primaries today. Twenty-five states will hold primaries in the next six weeks and today's key one to watch will take us into a fight that will play out all over this country in the coming weeks: the establishment GOP vs. the Tea Party and whether the establishment can finally put down the Tea Party rebellion and re-take the Senate. We'll also watch as a possible 2016 proxy fight between Jeb Bush, Rand Paul, and even Mike Huckabee erupts in North Carolina."
Cameron Joseph of the Hill: "A slew of May primary battles begins Tuesday as the Republican establishment looks to reassert its control over a divided GOP in a number of states. Its first big test comes in North Carolina, where business-friendly GOP groups have gone all-in for House Speaker Thom Tillis as he seeks to avoid a primary election runoff and turn his focus to Sen. Kay Hagan (D-N.C.). The race is a top priority for the GOP as it seeks to win back the Senate."
Presidential Race
Alexander Bolton of the Hill: "Fearful of a third successive Democratic triumph, concerned Senate Republicans are turning against 2016 presidential bids by upstart hopefuls within their own ranks. In forceful comments to The Hill, GOP senators made it plain that they would much prefer their party nominate a current or former governor over Sens. Ted Cruz (Texas), Marco Rubio (Fla.) or Rand Paul (Ky.). CW: Bolton gets senators on the record arguing that senators don't make good candidates."
News Ledes
Washington Post: "An international uproar mounted Tuesday over the fate of hundreds of Nigerian schoolgirls abducted by Islamist militants in mid-April, with the Obama administration preparing to send a team of specialists to Nigeria to help recover the missing girls and U.N. officials warning that the kidnappers could face arrest, prosecution and prison under international law."
Guardian: "Ukraine is close to war, the German foreign minister, Frank-Walter Steinmeier, has warned in interviews published in four European newspapers on Tuesday. Dozens are feared to have died in clashes outside Slavyansk on Monday as Ukrainian troops clashed with pro-Russia separatists."
Reader Comments (11)
@P.D. Pepe: I share your disgust at the S.Ct. ruling which you expressed in yesterday's comments. The majority opinion seems to be a combination of faulty premises, wishful thinking and a willful disregard of precedent. Elena Kagan's dissent is masterful, and beautifully written. Imagine: the vote of just one justice meant that hers was the minority opinion. Elections matter.
Attention All:
Many of us are not crazy about Hillary; however, following up on Victoria D's comment: "Elections matter!" As it was in 2008, 2012 and will be again in 2016, my mantra is just two words:
SUPREME COURT!
These fuckhead conservative Supremes are an embarrassment to our country and our history! Enough! In the 8 years beyond 2016, Hillary should have at least one, perhaps two appointments, and we can hope they will be to replace Scalia and Clarence-baby--though probably one (unfortunately) will be Ruth Bader Ginsberg.
@PD, Victoria, Kate: I share your outrage at the Taliban Five on SCOTUS. I'm afraid we're turning into a theocracy.
CW is absolutely spot on Alito's defining Kagan's dissent as "niggling." Alito's arrogance is something to behold. I wouldn't describe the dissent as "petty" or "trivial." But then I don't have a sinecure for life where I can hand my opinions from on high.
Amy Howe of Scotusblog has an excellent "plain English" explication of the Greece decision here:
http://www.scotusblog.com/2014/05/tradition-todays-legislative-prayer-decision-in-plain-english/
And links to many other pertinent articles and commentaries here:
http://www.scotusblog.com/
Marie,
Thanks for including the link to the No More Mister Nice Blog deconstruction of the Times piece on ideological biases of the Supremes. It saved me from a steam-coming-out-the-ears rant. As I read through the Liptak piece, it was becoming more and more obvious that he had contracted a fatal case of the "both sides bullshit" virus.
I started doing the numbers in preparation for putting Liptak on my table (fans of "Dexter" know what that means) but first scanned the rest of the day's links and happened upon Steve M's timely and necessary correction.
He's right. It's one thing to say that both sides exhibit ideological bias but another thing entirely to try to moderate the enormous gulf between them. It's like comparing states with capital punishment but toning down the differences by saying that both Texas and Virginia execute people. Except that Texas has executed over 500 prisoners since 1976, Virginia, 110. Prisoners on death row? Texas 287. Virginia 9.
But this is how so many people in this country are unable to see much light between the parties. "They both do it" also contributes mightily to voter malaise and the not so vague ennui that keeps many from the polls altogether.
It's also why most people think Republicans are much better than they really are and Democrats much worse. This is not just lazy reporting, it's intellectual cowardice.
Victoria,
Thanks for that link.
Several things come to mind.
It's interesting how real world considerations add to the judicial calculus in Supreme Court decisions when, and only when, it suits the conservative majority. In the Greece, NY, Christian Prayer is Fine with Us decision, Justice Alito tried to puncture Justice Kagan's dissenting argument, a really quite reasonable one that would make it incumbent on town leaders to try to round up prayer commencing types from other religions, now and then, by whining that small town councils are "imprecise" and, apparently, cavalier operations that couldn't possibly be counted on for that kind of "niggling" adjustment.
Well, you know what? He's right, to an extent. Small town governments where a lot of people work part time and are short staffed can be a bit "imprecise". Funny how such real world problems didn't bother the wingnuts on the court when they gutted the Voting Rights Act, when they equated money with speech, and when they decided that Affirmative Action was a blight on the landscape. They were all about the ivory tower in those decisions.
And a word about tradition. Tradition has become an optional consideration of its own for the conservatives on the court, especially those who consider themselves to be something it's not really possible to be: originalists. (More on that later.)
Tradition is thrown overboard whenever right-wing ideology looks ready to take a body blow but called haughtily into service when it seems necessary to save the day. Generations of tradition have been ignored by this court when it suits their cause.
But when needed, they use it like a baseball bat, decrying anyone who would challenge age old traditions (like racism, maybe?) as "activists". The dirty not very secret thing about this court is that these conservatives are the most activist bunch in court history, ready to overturn or ignore decades, centuries of precedence in order to get their way.
Activists and hypocrites.
So what's next, now that, bit by bit, the wingers are carving up the body politic to resemble their vision of what America should be (white, privileged, conservative, Christian)?
The Greece decision will embolden the religious fanatics to bring case after case to the court to ensure that prayer is returned to the classroom and that Christian rules are substituted for legal statutes.
The court has blown the religious dog whistle with this decision. All bets are off. The fundies must be salivating at the idea of being able to beat people over the head with their Bibles and having the Supreme Court back them up.
Because they will.
Don't miss the Jane Mayer New Yorker piece on the differences between Benghazi and the criminal neglect of Ronald Reagan in Beirut back in the 80's. Marie's right. It is must-read. Short and to the point.
The list of atrocities connected to Reagan is astounding in both length and breadth. No president in history, I believe, bequeathed such a legacy of malice and perfidy. His deplorable inaction in the face of imminent attacks in Beirut are similar to those a generation later by another incurious Republican vegetable, decomposing in the White House.
But no one then called for impeachment, even after the most irresponsible, criminal behavior of the Reagan administration generally, and the Gipper personally, certainly not the way wingnuts today demand impeachment hearings every time President Obama tells a joke they don't like. It's like living on a different planet.
@Akhilleus: What really got me about the Liptak report is that you had to read 2/3rds of the way down the "both sides do it" report to find out that the "bias" on the part of so-called liberal judges was not even statistically significant, with the exception of Justice Stevens -- a Republican appointee. Justice Souter, who figures into the study, was also a Republican appointee. Justices Kagan & Sotomayor are not even considered because they haven't ruled on enough cases yet. Justice Breyer's "bias" was "negligible," you find out way down the page. So of the sitting justices, only one Democratic appointee -- Justice Ginsburg -- showed any liberal bias at all, & that was not statistically significant.
Plus what Steve M. wrote.
But, hey, both sides do it.
Marie
Good news for prudes!
Vlad (Breaker of Ukrainian Wimps) Putin, right-wing darling and not at all a namby-pamby from Kenya who won't drop bombs when Fox orders him to because, you know, manliness, and freedom, is making it terribly difficult to keep the likes of David Brooks from emigrating to Russia, just as fast as you can say "Dirty hippies".
It seems Daddy Vladdy has outlawed cursing, swearing, and unauthorized references to naughty bits of any kind in all Russian films and theater productions. Shades of Uncle Joe! Having spent a little time there, I can tell you that swearing in Russia is an artform that makes its use by English speakers seem abcedarian by comparison.
The banning of dirty words should make the inner Victorian prig all twitchy in the likes of Brooks and other conservatives who attribute the downfall of western civilization to premarital sex and bluish speech patterns, (and those awful gays, of course).
But if such a decree is successful in encouraging puritanical wingers to set sail for Mother Russia, all I can say is "Fuck me, why didn't we think of this a long time ago?"
No more saying khuy, pizda, ebat’, or blyad. Bad, bad, bad, says Vlad, Vlad, Vlad.
Elizabeth Warren gave a dynamic interview on the Al Sharpton show today. I found this interchange most fascinating:
Rev Al: "Are there ANY circumstances under which you would consider running for President?"
EW: "That's not what I'm focused on now."
I would personally love to think the door is open a crack.
A Clinton/Warren ticket would be the next best thing (or perhaps, given the realities, the first best thing).
Something to keep in mind re the Greece v Galloway decision:
The DOJ sided with Greece.
http://www.oyez.org/town-of-greece/documents/Amicus%2520United%2520States.pdf