The Commentariat -- November 9

Today's question on Off Times Square: "Is patriotism a virtue?"

This was the first time in our nation’s history there was a statewide vote on bargaining rights.... If you pay attention to history, you know that collective bargaining is perhaps the single biggest reason we have a strong middle class in this country. It has provided a path to the middle class for hundreds of thousands of workers. The middle class doesn’t happen on its own — and it doesn’t unravel on its own, either. Last night Ohio took a very big step towards rebuilding the middle class.... It’s clear there has been class warfare from the top in this country. The middle class pushed back last night. -- Sen. Sherrod Brown (D-Ohio), on Ohio voters' repeal of the state law severely restricting public employees' collective bargaining rights

Adam Gabbatt of the Guardian: "A group of Occupy protesters plan to march nearly 300 miles from New York to Washington DC in a bid to end tax cuts which they say benefit the richest 1% of Americans. The group will set off from Occupy Wall Street on Wednesday and walk 20 miles a day en route to the capital, their arrival planned to coincide with the Congressional deficit reduction super-committee meeting on 23 November." ...

... Gloria Pazmiño of the Manhattan Times: "Northern Manhattan came out to show its support of the Occupy Wall Street (OWS) movement this past Monday morning.... Local residents came out holding signs, megaphones and banging on drums to take on the 11-mile trek along Broadway all the way down to OWS central at Zuccotti Park where protesters have been camped out for nearly two months.... Shouting, “El pueblo unido jamás será vencido [The people united will never be defeated],” Victor Guzman, a resident of Washington Heights for more than three decades, said he joined the march to protest the lack of jobs."

** CW: Last week on Off Times Square I posited the question, "Have we been unfair to Obama?" in which I contrasted Obama's presidency with that of FDR. What I meant to do also, and never got around to, was comparing the Congresses with whom the two presidents had to work. But Ezra Klein does get to this aspect of the equation -- or non-equation. Klein also makes arguments similar to ones I made. A few commenters suggested I was an apologist for Obama, but perhaps if they read Klein, they'll be a little more forgiving of both Obama & me: "Franklin D. Roosevelt won the presidency in 1932, three years into the Great Depression. The unemployment rate that year was 23.6 percent. Obama won the presidency in 2008, mere months into the financial crisis; unemployment was at 6.8 percent. Consequently, the two presidents faced political systems prepared to do very different things. In his new book, 'The New Deal: A Modern History,' Michael Hiltzik makes clear that though FDR was an unusually energetic and ambitious president, he was paired with an unusually energetic and ambitious Congress." Read the whole post.

Henry Gomez of the Cleveland Plain Dealer: "By resoundingly rejecting the Republican-backed push to rewrite labor rules for public employees, Buckeye State voters helped set the table for the 2012 presidential election. Without question the results will be viewed as a momentum-builder for Democrats nationwide and should encourage President Barack Obama. He carried Ohio by four points in his 2008 Electoral College landslide, but the GOP won control of every state office and the legislature last fall."

** "Course Correction." Jonathan Chait of New York Magazine has a withering post on the implications of President Obama's demotion reassignment of Bill Daley, his chief-of-staff: Obama has now rejected Daley's Washington elitist view of the Obama presidency -- a view shared by David Brooks, Michael Bloomberg, Mitch McConnell & Karl Rove, BTW. Daley talked Obama into the premise that he should be less liberal, more pro-business, more bipartisan. "Obama issued a course correction and started pursuing a strategy that’s in line with the realities of public opinion and the Congress, as opposed to Daley’s fantasy version thereof. Recognizing public populism and GOP intransigence, he is outlining the legislation he wants...." And it's paying off.

Zaid Jilani of Think Progress. Last week, ", six Democratic senators — Tom Udall (NM), Michael Bennett [sic.; s/b Bennet] (CO), Tom Harkin (IA), Dick Durbin (IL), Chuck Schumer (NY), Sheldon Whitehouse (RI), and Jeff Merkely [oops! sic.; s/b Merkley] (OR) — introduced a constitutional amendment that would effectively overturn the Citizens United case and restore the ability of Congress to properly regulate the campaign finance system." The Senate resolution introducing the amendment -- which includes the full wording of the proposed amendment -- is here. ...

     ... CW: I don't think the proposed amendment is strong enough -- we know what a good job Congress & state legislatures do at regulating themselves -- but until I see a stronger, viable amendment, I'll support this one. You can add your name to a petition supporting passage of the amendment here. At least this sends a message we aren't happy with Citizens United. ...

... Neil Sinhabubu of Donkeylicious Explains the Difference between People & Corporations to Shut-Ins ... & Nino Scalia: "Real persons have rights, but if you're just pretending that something is a person for limited practical purposes [like listing the owners of property on deeds], you don't have to pretend it has all the rights persons do.... Corporations shouldn't have the right to vote in elections after they've existed for 18 years. The end of a corporation isn't a death, such that intentionally causing it would be murder. These points follow just as well if one sees corporations not as fictions but as groups (as Scalia does at some points) -- groups don't have the vote in addition to that of the individuals who compose them, and disbanding them doesn't constitute murder." CW: oh, and somebody tell Mitt Romney about this, too.

Jonathan Cohn of The New Republic: "The D.C. Circuit Court of Appeals just issued a decision in the lawsuit against the Affordable Care Act. It looks like a big win for the administration — and, more importantly, for health care reform.... The author of the majority opinion: Judge Laurence Silberman [is] a Reagan appointee and conservative judge.... The judges are dismissing the distinction between 'activity' and 'inactivity' as meaningless.  That distinction, of course, is the foundation of the lawsuit. The relevant issue, Silberman goes on to say, is whether the mandate affects commerce that crosses state lines. It clearly does." (See also today's Ledes.) ...

... Sarah Kliff of the Washington Post: "Justice Laurence Silberman, who wrote a full-throated defense of the health reform law, has a lengthy history of conservative legal thought.... What Silberman wrote in today’s opinion hews very closely to the legal argument that the Obama administration has pushed in the courts: The federal government has a constitutional right to regulate an individual’s choice not to purchase insurance, because that decision has an economic effect on others.... Legally speaking, the ruling today is a bit moot: The Supreme Court has already scheduled a conference Thursday to discuss whether to take up any of the challenges to the health reform law ... [so] it’s not even looking at this case.... But politically, it suggests that judges’ political and judicial histories do not necessarily provide reliable guidance as how they will rule on the health reform law." ...

... Pro-BamaCare News Brown-Out. Steve Benen: In news coverage of "lower-court rulings that evaluated the constitutionality of the Affordable Care Act..., conservative rulings received more coverage, longer articles, and better placement.... It hasn’t even been close.... The Washington Post continues to be the most one-sided — the three conservative rulings were all treated as front-page news, while the five rulings in support of the law were either buried or ignored."

Craig Whitlock & Greg Jaffe of the Washington Post: "Federal investigators said Tuesday that they had uncovered 'gross mismanagement' at the Dover Air Force Base mortuary that cares for America’s war dead after whistleblowers reported horror stories of lost body parts, shoddy inventory controls and lax supervision.... Military officials said the incidents resulted from the strain of handling thousands of dead bodies, some with gruesome injuries that made it difficult to prepare remains for burial. But the sloppy handling of troops’ remains at Dover painfully undercut the military’s commitment to treat war dead with the utmost honor." An analysis by the U.S. Special Counsel is here. Recommended only for those with strong stomachs.

Ceclia Kang of the Washington Post: "The Federal Communications Commission and cable and computer firms will announce Wednesday a program to provide low-income homes with $10 monthly broadband Internet service and $150 computers.... Beginning in the spring, cable Internet service providers such as Bright House, Comcast, Cox and Time Warner will offer families that are eligible for federal school-lunch programs — 25 million Americans — the discounted monthly service. The service will include free installation and modem rental for two years. Redemtech, a computer refurbishing firm, will offer those families laptops or desktops for $150, with free home shipping and 90 days of tech support. Microsoft will provide new computers for eligible school-lunch families for $250."

Right Wing World

Wanted: Panderer-in-Chief. Libertarian Conor Friedersdorf of The Atlantic has a fine takedown of popular right-wing gasbag Erick Erickson. Friedersdorf runs through Erickson's critique of GOP presidential candidate Jon Huntsman, then concludes, "Erickson likes [Huntsman's] proposals on most issues, including the ones he finds most important. But in order to take Huntsman seriously, Erickson is going to need him to a) hire a new campaign strategist; b) make different jokes; and c) send different Tweets.... If you want to know why the GOP is stuck with a bunch of frivolous candidates versus Mitt Romney..., that is why. Even the most knowledgeable, allegedly savvy representative of the grassroots won't elevate the substantively more conservative candidate [Huntsman] ... unless he panders. And slakes Erickson's immature thirst for liberal bashing. Meanwhile, Erickson is complaining that he's going to get stuck with a guy that panders. Guess why, Erick?"

It Would Be a Conspiracy if We Hadn't Made It Up. CNN: "Herman Cain's chief-of-staff Mark Block on Tuesday wrongly claimed that the son of a woman who accused Cain of sexual harassment worked at POLITICO, a news outlet that first broke the story.... 'We've confirmed ... that he does indeed work at POLITICO and that's his mother, yes,' Block said. But the man whom Block appears to be talking about – Josh Kraushaar – said he's not related to Karen Kraushaar. He previously worked at POLITICO but now works at National Journal, a news outlet that covers public affairs."

News Ledes

New York Times: "Graham B. Spanier, one of the longest-serving and highest-paid university presidents in the nation..., stepped down Wednesday night in the wake of a sexual-abuse scandal involving a prominent former assistant football coach and the university’s failure to act to halt further harm. Spanier’s departure came as the university’s Board of Trustees also ended the 84-year-old Joe Paterno’s career, denying him his wish to finish out the season, his 46th as the head football coach and his 62nd over all at the school."

There's another Republican presidential debate tonight. It's at 8 pm ET on CNBC & will be broadcast from the campus of Oakland University in Rochester, Michigan. The CNBC livestream -- for the convenience of reporters and masochists -- will be here, I guess. See the November 10 Commentariat for links to analysis.

New York Times: "A year after Republicans swept legislatures across the country, voters in Ohio delivered their verdict Tuesday on a centerpiece of the conservative legislative agenda, striking down a law that restricted public workers’ rights to bargain collectively. The landslide vote to repeal the bill — 62 percent to 38 percent, according to preliminary results from Ohio’s secretary of state — was a slap to Gov. John R. Kasich, a Republican who had championed the law as a tool for cities to cut costs."

Jackson, Mississippi Clarion-Ledger: "The contentious Personhood Amendment failed in Mississippi by a wide margin, unofficial and incomplete returns showed Tuesday night. With about 90 percent of the vote counted, the initiative was headed for certain defeat. The proposed amendment, which affirms that all fertilized eggs are people, was one of three initiatives that enlivened polling places across the state." ...

... Clarion-Ledger: "Mississippians have elected Republican Phil Bryant as the state's 64th governor.... As election results came in, Bryant, 56, took an early lead over Hattiesburg Mayor Johnny DuPree, 57, solidifying the GOP's hold on the Mississippi Governor's Mansion for at least four more years.... Bryant follows Gov. Haley Barbour, who after serving eight years could not seek re-election because of term limits."

NEW. Arizona Republic: "Russell Pearce, one of the most influential state politicians in the nation and a powerful voice on illegal immigration, was on the verge of losing his Senate seat in Tuesday's unprecedented recall election.... If the vote totals hold, Pearce becomes the first sitting Senate president in the nation and the first Arizona legislator ever to lose a recall election. He would be required to step down immediately once the results become official." His opponent, Jerry Lewis, is also a conservative Republican.

Louisville, Kentucky Courier-Journal: "Gov. Steve Beshear won a landslide re-election victory Tuesday over Senate President David Williams, sweeping Democrats in four other races into office with him and capping a remarkable four-decade career in Kentucky politics." ...

... Courier-Journal: "Democratic incumbent Jack Conway cruised to an easy victory over Republican Todd P’Pool in the race for Kentucky attorney general, wiping away last year’s brutal U.S. Senate defeat to Rand Paul. With all precincts reporting, Conway had 55 percent of the vote to P’Pool’s 45 percent. The win marks a comeback for Conway, who has acknowledged last year’s bruising loss to Paul was a setback."

Washington Post: "Virginia Democrats’ hopes of maintaining their party’s hold on the Commonwealth’s upper house were very much in doubt late Tuesday, hinging on a razor-thin count in a single Senate district. When the ballot-counting ended for the night, longtime Spotsylvania incumbent Sen. R. Edward Houck (D) was 86 votes behind Republican challenger Bryce E. Reeves. Absentee ballots have been counted, and an unknown number of provisional ballots will be counted Wednesday. Gov. Robert F. McDonnell (R) early Wednesday morning declared victory...."

AP: "A law requiring voters to enroll at least two days before an election was repealed Tuesday, restoring a four-decade policy of allowing registrations up to and including Election Day."

Bloomberg News: "A conservative-leaning panel of federal appellate judges on Tuesday upheld President Barack Obama's health care law as constitutional.... A panel of the U.S. Court of Appeals for the District of Columbia issued a split opinion upholding the lower court's ruling that found Congress did not overstep its authority in requiring people to buy health insurance or pay a penalty on their taxes, beginning in 2014." The ruling is here (pdf).

New York Times: "Italy’s financial crisis deepened on Wednesday despite a pledge by Prime Minister Silvio Berlusconi to resign once Parliament passes austerity measures demanded by the European Union. The move failed to convince investors, propelling Italy’s borrowing costs through a key financial and psychological barrier of 7 per cent, close to levels that have required other euro zone countries to seek bailouts. Cornered by world markets and humiliated by a parliamentary setback, Mr. Berlusconi appeared to become the most prominent victim of the broader European debt crisis."

New York Times: "Negotiations to choose a new Greek prime minister seemed to have been plunged into new confusion early on Wednesday following widespread reports only hours earlier that Lucas Papademos, a respected economist, was on the verge of being named to the job."