“Perry Case Complicates Boehner’s Lawsuit”: Republicans Arguing One Thing For Perry, And The Exact Opposite For Obama
The indictment of Governor Rick Perry of Texas and his subsequent court case are about to complicate things politically for John Boehner. No matter the actual outcome of Perry’s case, the arguments made by Perry and his supporters are going to provide an easy equivalence with Boehner’s plans to sue President Obama — an equivalence that would not have existed had Perry not been indicted.
Perry is making the claim that the entire thing is just a partisan witchhunt, driven by out-of-control Democrats in the liberal enclave of Austin. He may succeed in convincing the public of this — and it remains to be seen whether this will help or hurt Perry among Republican primary voters in the upcoming presidential contest. So far, he has signaled that he’s going to wear it as a Republican badge of honor — standing up to liberals trying to tear him down in the courts. Here is Perry’s lawyer, summing up this defense:
The facts of this case conclude that the governor’s veto was lawful, appropriate and well within the authority of the office of the governor. Today’s action, which violates the separation of powers outlined in the Texas Constitution, is nothing more than an effort to weaken the constitutional authority granted to the office of Texas governor, and sets a dangerous precedent by allowing a grand jury to punish the exercise of a lawful and constitutional authority afforded to the Texas governor.
He is arguing that the voters entrusted Perry with executive powers, which Perry then faithfully exercised, and that the case against him is nothing more than Democrats fighting a partisan battle that they already lost at the ballot box.
Now, I should explicitly point out that I have no idea what the actual facts are and until a jury hears the case, it is impossible to know whether the indictment was partisan overreach or not. I’m not going to argue the facts of the case here, to put this another way — we’ll all have plenty of time to do so as the case makes its way through the legal system in the months to come. I’m instead focusing only on the politics of the case.
Perry and his defenders are going to be making the case for strong executive power, which (they will say) is supposed to be executed without the interference of the courts. That’s Perry’s argument in a nutshell, and so far he has not been shy about strongly making this argument himself.
But this is going to become a major political stumbling block for House Republicans when John Boehner actually files his own lawsuit against President Obama. Because they’ll be arguing that, in Texas, the executive should be allowed to execute his powers without interference from the courts; while at the same time arguing that on the national level the courts should indeed interfere with the executive attempting to exercise his powers. The parallels are going to be obvious to all, in fact.
Again, the facts of both cases won’t even really enter into the discussion much, because while one party thinks the Texas case is weak, the other party is going to say the same thing about Boehner’s case. The real argument, in both cases, is: Should this be the way politics works? At what point should political arguments be handled by the justice system? Perry’s case is all about politics from beginning to end. Boehner’s case will be too.
Republicans were counting on Boehner’s case to whip their base voters into a frenzy, right before the midterm elections. They were all set to pronounce the righteousness of their position, using the justice system to rein in an otherwise-unchecked president. That’s going to be a lot tougher sell now, especially since it is scheduled to happen after weeks and weeks of discussing the merits of the case against Perry. Republicans will be denouncing using the justice system against an executive in purely partisan fashion, and then they’ll have to start arguing that John Boehner has every right to use the justice system against an executive in purely partisan fashion. The turnabout will be so dramatic it might induce whiplash.
To the casual observer of politics, the two cases are going to sound an awful lot alike. Some Democrats, perhaps realizing this, have already expressed doubts about the case against Perry. The woman at the heart of the case isn’t exactly a “poster child” character, since video exists of her drunk driving arrest, which doesn’t exactly inspire confidence in her personality. To defend the case against Perry means also having to defend her, which is why some Democrats are already backing away from this one.
But Republicans won’t be able to back away so easily from Boehner’s case. This isn’t some squabble in one faraway state; this is national politics. The speaker of the House will be suing the president of the country, which can’t be written off as some sort of parochial affair. House Republicans are already on the record, having voted to proceed with the lawsuit right before the August break. For some Republicans, the lawsuit won’t even go far enough — Boehner is already walking a tightrope with Republicans who want to see him impeach Obama. Boehner won’t be able to back down, to put this another way.
But now the argument for suing Obama is going to get more complicated than anyone could have foreseen. Perry’s case is going to prepare the ground with the public, and provide Democrats with an easy response: “How is this case any different than Perry’s?” Republicans are going to be arguing one thing for Perry, and the exact opposite for Obama. This is going to become more and more obvious to all concerned, in fact.
The best Boehner can hope for, at this point, is that Perry’s case moves very, very slowly. Maybe everyone will forget about it if there is no breaking news from Austin in the next month or so. My guess, however, is that Democrats will be more than ready to remind everyone of the similarities between the two cases, and how Republicans are taking positions in the two which are completely contradictory. The Perry case — again, no matter how it turns out — has certainly made it a lot more politically complicated for Boehner to move forward with his lawsuit.
By: Chris Weigant, The Huffington Post Blog, August 20, 2014
“Rick Perry’s Operation Strong Safety”: Creating A Talking Point For The Campaign Trail, Not Searching For A Practical Solution
Texas Gov. Rick Perry (R) recently appeared on Fox News, stressing his support for deploying National Guard troops to address the humanitarian crisis at the Southern border. Brit Hume asked the governor to explain what the Guard would actually do. Perry struggled to explain.
Hume reminded Perry, “[I]f these children who’ve undergone these harrowing journeys, to escape the most desperate conditions in their home countries, have gotten this far, are they really going to be deterred by the presence of troops along the border who won’t shoot them and can’t arrest them?”
At this point, Perry changed the subject.
But that was last week. This week, the Republican governor and likely presidential candidate is moving forward with his idea, whether he can explain its merits or not.
Republican Gov. Rick Perry on Monday requested the immediate deployment of as many as 1,000 service members to assist with security at the U.S.-Mexico border.
The soldiers, from both the Texas National Guard and State Guard, will mobilize throughout the next 30 days to carry out “Operation Strong Safety” along the border region.
“I will not stand idly by while our citizens are under assault,” Perry said Monday during a press conference.
First, there’s very little to suggest Texans are “under assault.” Second, “Operation Strong Safety” is an unintentionally amusing phrase. As Paul Waldman joked, “ ‘Operation Strong Safety’? Why not just go ahead and call it Operation America Macho TestosteReagan?”
But even putting that aside, at its core, the most meaningful concern here is that Perry’s solution doesn’t match the problem.
The obvious question in response to the announcement from the governor’s office is simple: what, exactly, does Perry expect the Guard to do?
Part of the rationale, he said yesterday, was to deter others from entering the United States illegally. Again, this is predicated on a mistaken assumption about the nature of the crisis itself. These unaccompanied children are not sneaking into the country – on the contrary, they’re walking up to law-enforcement officials and gladly turning themselves in.
There is no deterrent effect in having more law-enforcement personnel because the kids aren’t afraid of getting caught. They fully expect to be taken into custody; they want to be taken into custody. Does Perry not understand these details? If not, why not?
What’s more, Greg Sargent recently talked to the head of the National Guard under the Bush/Cheney administration, who offered a valuable perspective.
[I]n an interview today, the head of the National Guard under George W. Bush said he had not yet heard a clear rationale for sending in the Guard and suggested it might not be the appropriate response to the problems at the core of the current crisis, though he did say he could envision the Guard playing some sort of part in a broader solution.
“Until mission requirements are clearly defined, it can’t be determined whether this is an appropriate use of the Guard in this particular case,” H. Steven Blum, who was the Chief of the National Guard Bureau from 2003 to 2009 and has been a career military man for decades, told me. “There may be many other organizations that might more appropriately be called upon. If you’re talking about search and rescue, maintaining the rule of law or restoring conditions back to normal after a natural disaster or a catastrophe, the Guard is superbly suited to that. I’m not so sure that what we’re dealing with in scope and causation right now would make it the ideal choice.”
That still seems to be an exceedingly polite way of saying, “Republican demands don’t seem to make any sense.”
Of course, it’s possible Perry’s decision is less about making sense and more about presidential posturing in advance of a national campaign. Immigration was an albatross for the Texas governor in 2012 – remember the “have a heart” problem? – and the Republican is no doubt eager to chart a different course in advance of 2016. Dispatching the National Guard, in this sense, is about looking “tough” and creating a talking point for the campaign trail, not searching for a practical solution.
It led Rep. Lloyd Doggett (D-Texas) to say in a statement, “Once again, Texas taxpayers are being forced to pay for Governor Perry’s grandiose political ambitions. It is a costly misuse of our highly skilled National Guard to demand its service as a mere referral agent for children seeking refuge from abuse. Doing its job effectively, our Border Patrol does not need interference from either Governor Perry or vigilantes. We deserve Texas tough, but today we get only Texas Governor weak – weak on any bipartisan solutions, weak on any meaningful action.”
By: Steve Benen, The Maddow Blog, July 22, 2014
This week, the US Department of Justice and the state of Texas started arguments in the first of what will be a summer-long dance between the two authorities over voting rights. There are three suits being tried in two districts over gerrymandering and Texas’s voter identification law – both of which are said to be racially motivated. In its filing, the DoJ describes the law as “exceed[ing] the requirements imposed by any other state” at the time that it passed. If the DoJ can prove the arguments in its filing, it won’t just defeat an unjust law: it could put the fiction of “voter fraud” to rest once and for all.
These battles, plus parallel cases proceeding in North Carolina, hinge on proving that the states acted with explicitly exclusionary intent toward minority voters – a higher standard was necessary prior to the Supreme Court’s gutting of Section 3 of the Voting Rights Act (VRA) back in January. Under Section 3, the DoJ had wide latitude to look at possible consequences of voting regulation before they were even passed – the “preclearance” provision. Ironically, because the states held to preclearance had histories of racial discrimination, some of the messier aspects of the laws’ current intentions escaped comment.
But meeting that higher standard of explicit exclusionary intent comes with the opportunity to show some of the many skeptical Americans the ugly racism behind Republican appeals to “fairness” and warnings about fraud. Progressives have tried, and mostly failed, to show the institutional racism underpinning the sordid history behind voter ID laws; that may have been too subtle. In courts in Texas and North Carolina, the DoJ will make the jump from accusations that laws have a racial impact to straight-up calling voter ID laws racist.
This ought to be interesting.
The DoJ filing in Texas lays it all out pretty clearly, putting the voter ID law in context of a concerted legislative strategy to deny representation to the state’s growing Hispanic population, including Republicans advancing more and more aggressive voter ID bills over the years. The filing points to the anti-immigrant rhetoric that laced the floor debates over the law, and to the measures taken by the Republican-controlled state house to limit the participation of Democratic minority lawmakers in considering or amending the legislation (the bill was heard in front of a special committee selected by the governor, on an expedited schedule). And, the DoJ notes, lawmakers produced “virtually no evidence during or after enactment of SB 14 that in-person voter impersonation – the only form of election fraud addressed by the identification requirements of SB 14 – was a serious problem.”
Perhaps the most significant piece of context in the voter ID suit is how Texas’s voter ID law came on the heels of the redistricting that the DoJ claims was also racially motivated. In the redistricting cases, DoJ’s allegations of malicious intent have been helped along by the admission of the state that it had malicious political intent. The Texas attorney general, Greg Abbott, chose as his defense in that case what only can be called the Lesser Evil Strategy – stating up front that the state’s GOP legislators had ulterior motives, but not the ones that the VRA outlaws:
[R]edistricting decisions were designed to increase the Republican Party’s electoral prospects at the expense of the Democrats … [They] were motivated by partisan rather than racial considerations and the plaintiffs and DOJ have zero evidence to prove the contrary.
Abbott’s smugness – and his apparent faith in partisanship as a permissible and distinct form of discrimination – will take center stage as the DoJ presses on with both suits. In court, Abbott will be asked to prove his ignorance of demographics for the very state in which he is currently running for governor. Out of court, other GOP defenders of the law will have to do more or less the same. And they will need to defend the outrageous details of the law – such has how a concealed carry permit is a permissible form of voter ID but a federally-issued Medicare card carried by an elderly woman is not.
Some people of Texas may support the kind of bullying Abbott has prepared to defend, and most progressive activists are hardened to it, but I think average Americans hate it. Putting malice under a national spotlight might be the best way to turn people against voter ID laws in general.
Right now, Americans support the idea of voter ID laws by huge margins: polls show favorable attitudes toward a generic “ID requirement” to be between 70 and 80%. Approval exists across all demographic groups – even among black voters (51%), one of the groups that is, of course, disproportionately disenfranchised by these laws.
But the reasons that the public supports such laws aren’t the same as the GOP’s reasons for pursuing them: Republicans want to prevent specific types of people from voting; the American public wants voting to be fair. That’s why conservatives have had to hammer so hard on the false narrative of “voter fraud” – to convince everyone that it’s what the laws are really about.
Add context to the “ID requirement” poll question that Americans get behind, though, and public support changes dramatically. A survey in North Carolina (taken as the state was considering taking up an amendment on the issue) found initial support for voter ID to be 71%. Pollsters then drilled further down and came up with numbers that speak to a truly democratic impulse:
- 72% say it’s wrong to pass laws that make it harder for certain people to vote.
- 62% say they oppose a law that makes it harder for people of one party to vote.
- 74% say there should be demonstrated problems before legislators apply a fix.
If nothing else, these results suggests that Abbott’s argument that supposedly party-based redistricting isn’t the free pass – at least, from the public’s standpoint, if not the court’s – that he thinks it is.
In North Carolina, pollsters found that support for the law decreased as the 2012 election neared and voters started to pay attention and become educated on the issue. Voting rights advocates filled yet another suit based on disenfranchising young voters, which could make a further difference. (Way to keep pissing off millennials, GOP!)
That context effect is true nationwide. A different survey found that informing respondents that “Opponents of voters ID laws argue they can actually prevent people who are eligible to vote from voting” brought support for voter ID down by 12 points.
Pollsters have not publicly investigated whether Texan voters would show a similar shift, though it could be significant that support in the state for voter ID has remained at around 66% for the past two years, less than its support nationwide. Of course, 77% of Texas believe “voter ID laws are mainly used to prevent fraud,” an alternate-reality bubble that attention to these cases may just yet pop.
It’s the Department of Justice that’ll have to bring this to pass. The GOP has always easily waved away “systemic” racism charges, like those made under the non-gutted VRA, as either outright inventions or the result of looking for equal outcomes rather than equal opportunities. Making clear the racist intent of voter ID laws will bring the discussion back to where it belongs: on equal opportunities, in the voting booth.
By: Ana Marie Cox, The Guardian, July 16, 2014
The most direct consequence of Thursday’s Supreme Court ruling striking down Massachusetts’ buffer zone law is that the people working and accessing care at abortion clinics will be less safe. Lawmakers in Massachusetts and municipalities across the country with similar measures in place will now have to figure out — once again — how best to ensure that the people who need to enter and exit clinics can continue to do so without being harassed, threatened, harmed or worse by antiabortion protesters. There have been nearly 7,000 incidences of clinic violence since 1977; history teaches us that safety is never a given when walking through those doors.
The second thing that the opinion in McCullen v. Coakley reminds us is how empty — how absolutely devoid of meaning — the notion of “women’s safety” has become in politics. Hardly a week passes without some measure advancing through a state legislature that will have devastating consequences for women’s health, but these bills are nonetheless cloaked in the language of women’s safety. Put those words in front of almost any piece of legislation and it seems like most lawmakers just nod their heads.
Texas comes to mind. We’re one year out from Wendy Davis’ historic filibuster, and the status of access in the state has gone from bad to utterly catastrophic. Nearly half of Texas’ abortion clinics have closed since 2011; it is estimated that come September, there will only be six abortion providers left in the second most populous state in the nation. The Rio Grande Valley has lost its last remaining abortion clinic, and now women in the region must travel 300 miles round trip to access care, including routine services like mammograms, cancer screenings and birth control. A recent study found that 7 percent of women in Texas have attempted to self-induce abortion. The number jumps to 12 percent for women who live along the Mexican border, and it is expected to grow. Women who have the luxury of crossing border checkpoints without fearing deportation or worse have been traveling to flea markets in Mexico to buy drugs from unlicensed and unregulated vendors in order to terminate their pregnancies.
But state Rep. Jodi Laubenberg called the passage of HB 2 a victory for women’s safety. In reflecting on the year that was, she commented, “Authoring and passing House Bill 2 was one of the most rewarding and challenging accomplishments of my legislative service. [...] It was worth it. I will continue to fight for both the safety of Texas women and the pre-born.” Her Republican colleagues echoed the sentiment. Republican state Rep. Jane Nelson said, “I am proud to support House Bill 2, which not only protects innocent life but also ensures that abortion facilities are safe for Texas women.” And state Rep. Patricia Harless used the same language to justify her vote. ”I proudly voted for House Bill 2 because I believe Texas women deserve more than the bare minimum, lowest level safety standards,” she said.
These talking points have been parroted by lawmakers in Louisiana, Utah, Oklahoma, Arizona, Mississippi, Virginia, North Carolina, South Carolina and virtually everywhere else that laws like these are being enacted. It’s never about abortion. It’s always about safety — women’s safety.
Now the Massachusetts law was also about women’s safety. The kind of safety that 35 feet of distance between yourself and someone willing to spend their Saturdays outside an abortion clinic calling women murderers will provide you. The kind of safety that state lawmakers recognized was urgently needed after an antiabortion activist opened fire on a clinic near Boston and killed two people and injured five others.
The violence isn’t unique to Massachusetts; the threat is national. As Robin Marty wrote this week, if you want to understand why buffer zones matter, spend some time at an abortion clinic without one:
In my time working with abortion providers and abortion rights advocates over the last few years, I’ve seen first hand what is considered “counseling” by abortion opponents at unprotected clinics. In Louisville, Kentucky, one of only two clinics left in the Bluegrass state, I witnessed over 100 abortion opponents lining the sidewalk leading up to the clinic, stopping just at the property line in front of the door, chanting rosaries, calling to patients, preaching sin and eternal damnation through a microphone just a few feet from the waiting room window. I watched a woman shout through the window that the patients inside would die on the exam room table, that they would bleed to death inside, and no one would help them because the money was already paid up front. I saw protesters with bloody, graphic signs swarm patients just trying to get out of the car door and cross the mere 10 feet from curb to clinic property.
That’s what it is like at a clinic with no buffer zone.
And that will be the scene at more clinics in the wake of the Supreme Court’s unanimous finding that while it sees no problem with the buffer zone around its own building, it believes that a 35-foot barrier — the length of a school bus, a walk that will last approximately 7 seconds — is an undue burden on the First Amendment rights of the “peaceful sidewalk counselors” stationed outside. Not being able to follow women to the doors of the clinic apparently limits their ability to “persuade.”
But the burden that removing that buffer will place on women’s safety? Well, what do those words even mean anymore?
By: Katie McDonough, Politics Writer, Salon, June 27, 2014