“Block The Vote”: The Republican War On Voter Registration
Republican state legislatures aren’t only trying to prevent voting at the polling place, they are also stopping people from becoming registered voters in the first place. These same laws that require voters to present state issued photo identification at the polling both—nominally aimed at preventing voter fraud—also sometimes contain provisions that are placing onerous requirements and stringent limitations on third party voter registration efforts.
The targets are national and statewide organizations that use volunteers or paid staffers to canvass underrepresented communities to register new voters. Often these voters are young, poor or non-white and thus lean Democratic. A study by the Brennan Center for Justice found, “54 million eligible Americans are not registered to vote. More than 25% of the voting-age citizen population is not registered to vote. Among minority groups, this percentage is even higher— more than 30% for African Americans and more than 40% for Hispanics.” Registration drives typically focuse their efforts on these historically disenfranchised populations, as well as elderly and disabled voters who may have trouble reaching a government office to register. Perversely, as the Brennan Center notes, “Instead of praising civic groups who register voters for their contribution to democracy, many states have cracked down on those groups.”
The excuse is that they wish to prevent fraudulent voter registrations from being submitted. But the result, if these rules are enforced, is that far fewer voters are registered.
In Florida, the New York Times reported on Tuesday, the law has been quite successful:
Florida, which is expected to be a vital swing state once again in this year’s presidential election, is enrolling fewer new voters than it did four years ago as prominent civic organizations have suspended registration drives because of what they describe as onerous restrictions imposed last year by Republican state officials.
The state’s new elections law—which requires groups that register voters to turn in completed forms within 48 hours or risk fines, among other things—has led the state’s League of Women Voters to halt its efforts this year. Rock the Vote, a national organization that encourages young people to vote, began an effort last week to register high school students around the nation—but not in Florida, over fears that teachers could face fines. And on college campuses, the once-ubiquitous folding tables piled high with voter registration forms are now a rarer sight.
The election of 2000 demonstrated how just a few hundred votes in Florida could determine who wins the presidency. Florida’s voter registration law is, of course, facing legal challenges. If the law remains in place, though, it could depress turnout by far more than a few hundred votes.
By: Ben Adler, The Nation, March 29, 2012
“Don’t Pick Out Hymns For Its Burial”: Still Plenty To Watch For In Health Care Debate
I have a few quick thoughts on this week’s Supreme Court hearings and what it will mean for our coverage of health reform.
Most people in the courtroom (or people who, like me, listened to audio, read transcripts, wrote and edited a ton of copy and couldn’t avoid Jeff Toobin) ended up with the gut feeling that health reform is in deep trouble – that the court is likely to toss the individual mandate, some of the insurance provisions, and maybe a whole lot more. Maybe all of it.
But of course, we don’t really know what the court will do. Tough questions in public certainly let us know that all nine justices are not exactly the law’s biggest boosters. But what they will do, as they mull and debate behind closed doors, is not a sure thing. We can guess, but we don’t know. And we won’t know for about three months. (There’s a chance that it will be sooner – but traditionally big rulings come out at the end of the term. And this is a big, big ruling).
Remember the “Conventional Wisdom” was wrong before – wrong from the beginning. The CW didn’t think Obama was going to push for comprehensive health reform. The CW didn’t think he’d be able to enact health reform – particularly not after Scott Brown’s election. The conventional wisdom didn’t think there would be a fight about the mandate. Or that the mandate would end up in the Supreme Court. Or that it would be in deep, deep, deep trouble once it got there.
So what do we do for the next three months?
First of all, we are going to get spun – and the negativity about the oral arguments is going to help the anti-health law camp of spinners. (The “hey it’s hunky-dory, it’s all fine” advocacy world rings a little hollow at the moment – although they may turn out in June to be right.) Keep an eye out for that “the law is dead so let’s get real” drumbeat because if things are said often enough, in a media or political context, they can start becoming the new conventional wisdom and affecting how we report and write.
We might get pushed by editors to be more forceful about predicting the demise of the law (or the mandate) than we are comfortable with. Push back – you can certainly say there are real questions about the law’s survival. You can’t pick out hymns for its burial.
Watch your state. Are officials slowing down implementation? Not submitting grant applications for exchange planning when they were before, or not putting out bids for exchange IT teams, etc.? Are the implementers slowing down – and are the non-implementers freezing? How much catching up will they have to do if the statute is upheld – and they have to meet some exchange certification deadlines by Jan. 1, 2013.
Is the court situation affecting state politics – local, congressional, presidential. How?
Is anyone talking about state initiatives to fill in if the parts of the federal plan are punctured? For instance, if the federal mandate fails, there’s nothing to stop a state from passing its own mandate; the federal constitutional questions don’t apply. I suspect few states will do this – but I can think of a handful that might. (If this does start to bubble up in your state, please email me your coverage.)
What are the hospitals’ and insurers’ and physician groups’ contingency plans? Are delivery system reforms and innovations on hold – or is the assumption that they can either proceed without the federal law, or that the relevant sections of the law will survive
And does the public know what it wished for? It wanted health reform when it didn’t have it. Then it decided it didn’t like health reform when it got it. Do Americans really want to go back to March 22, 2010 (the day before President Obama signed it)? And do they realize they can’t; that the health system has changed? Do they understand that people who are getting benefits under the first phases of the law’s implementation could lose them? And that costs will rise, the numbers of uninsured (now somewhere around 50 million) will rise, and Congress – so polarized that it has trouble doing much more than renaming post offices these days – is not going to come swooping in with a pain-free bipartisan fix-the-problems-with-no-cost-or-dislocation make-everyone-happy solution.
By: Joanne Kenen, Association of Health Care Journalists, March 29, 2012
“Refusing To Comply With Laws”: The Strange New Meaning Of “Religious Freedom”
Whatever ultimately happens in various ongoing collisions between conservative clergy and laws to which they object, it is clear the former have already won a significant victory in convincing millions of Americans that “religious freedom” means the right to have one’s particular religious views explicitly reflected in public policy. That is definitely the position of the nation’s Catholic bishops, who contend they should be able to operate a wide range of quasi-public services and also enjoy the use of public subsidies, while refusing to comply with laws and regulations that contradict their religious or moral teachings.
I’ve argued in the past that what the bishops are actually seeking is not “freedom” but a sort of unwritten concordat—a broad zone of immunity from laws they choose to regard as offensive. Now there is nothing terribly unusual or inherently outrageous about this desire; Vatican diplomacy for centuries has focused on the establishment of such arrangements—though typically written rather than plenary—with a wide array of governments. It’s the idea that this sort of arrangement involves “freedom” rather than frankly acknowledged special privileges that’s novel. And it leads to some rather strange conclusions, viz. this conservative post celebrating an anti-Obama protest in San Francisco and identifying special concessions to religious groups as an example of “American exceptionalism:”
Friday, one thousand Bay Area Catholics gathered outside the Federal Building in San Francisco to celebrate America’s exceptional guarantee of freedom of religion, and defend against an unprecedented assault by the Obama Administration.
The rally was among the largest of over 100 protests by Catholics around the nation on the second (ahem) birthday of Obamacare.
From the podium, Northern California Catholic religious and secular leaders openly urged citizens to register to vote and cast ballots against President Obama in the general election, in what they called an end to “quiet conformity” by religious Americans….
The City Square, a Bay Area blog, described this religious backlash as nothing less than the opening of a second front in the “war for freedom”, alongside the Tea Party movement’s economic freedom agenda.
That is indeed an apt comparison, since the Tea Party, too, has a very special definition of “freedom.”
Still, it’s odd to hear people describe the kind of concessions to broad rights of religious self-regulation that are exceedingly common in countries without a constitutional history of church-state separation as peculiarly American.
And it’s not a view that’s been smiled upon very often by the official arbitors of the Constitution, the federal courts, as Sarah Posner recently explained at Religion Dispatches:
Conservative claims of infringement of religious freedom…are on shaky constitutional footing. Although Catholic Charities lost challenges to similar policies in state courts in California and New York, several Catholic and evangelical universities have sued HHS in federal courts around the country, charging that the contraception coverage requirement violates their religious freedom. While a federal court has yet to rule on the mandate, a ruling issued late Friday night demonstrates how the claim of infringement of religious freedom undermines the First Amendment’s prohibition on government establishment of religion.
In that case, the American Civil Liberties Union had challenged an HHS policy allowing the USCCB, which received funding under the Trafficking Victims Protection Act, to refuse to refer victims of rape and sexual assault for contraceptive and abortion services. Although the Bishops and their Republican allies argue that requiring them to refer women and girls for reproductive health services amounted to a government interference with their religious freedom, Judge Richard Stearns held that allowing them to refuse to make these referrals amounted to an impermissible government endorsement of religion.
While that case would not require courts outside of Massachusetts to reach the same conclusion, or to reach the same conclusion in the lawsuits against the insurance coverage requirement, it does provide a roadmap for how a court would weigh a Free Exercise claim against an Establishment Clause claim.
Now some conservative Catholics, and many of their conservative evangelical allies (who have fully internalized David Barton’s revisionist “Christian Nation” theory that the Founders had no intention of fostering church-state separation) would view Judge Stearns’ decision as an exercise in “judicial activism” on the behalf of an aggressively “secularist” agenda. But like the Right’s redefinition of religious freedom itself, this point of view is decidedly recent in origin, and better described as “radical” than as “conservative” in spirit.
But that’s true as well of much of the American Right’s current ideological tendencies. Somehow or other, public programs as well as constitutional doctrines that the country has lived with peacefully since at least the New Deal are being denounced as involving aggressive, sinister, and even Satanic attacks on traditional liberties. That’s the connection between the protesters in San Francisco bearing “Obama the Judas of America” signs and their comrades carrying images of Andrew Breitbart outside the Supreme Court.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, March 27, 2012
“Arm Your Kindergarteners”: More Guns, Fewer Hoodies
The debate over the shooting death of Trayvon Martin seems to be devolving into an argument about the right to wear hoodies, but it really does not appear to be a promising development.
Congress, which never draws any serious conclusions from terrible tragedies involving gunplay, did have time on Wednesday to fight about whether Representative Bobby Rush of Chicago violated the House dress code when he took off his suit jacket, revealing a gray sweater he was wearing underneath, and pulled the hood up over his head.
You may remember that Geraldo Rivera took measure of the Martin case and determined that the moral was: young men, throw out your hoodies. Even Rivera’s son said he was embarrassed. But, hey, we’re talking about it. Mission accomplished.
“Just because someone wears a hoodie does not make them a hoodlum,” Congressman Rush said, before he was hustled off for violating the rule against wearing hats on the House floor.
This is pretty much par for the course. Whenever there is a terrible shooting incident somewhere in America, our politicians talk about everything except whether the tragedy could have been avoided if the gunman had not been allowed to carry a firearm.
You would think that this would be a great time to address the question of handgun proliferation, but it has hardly come up in Washington at all. This is because most politicians are terrified of the National Rifle Association. Also, the small band of gun control advocates are busy with slightly less sweeping issues, such as their ongoing but still utterly futile effort to make it illegal to sell a weapon to anyone on the terror watch list.
The only serious debate Congress is likely to have this year on the subject of guns involves whether to allow people with concealed weapons permits to carry their handguns into other states.
Say you were from — oh, maybe Florida, where George Zimmerman was carrying a legal, loaded pistol while he was driving around his gated community, looking for suspicious characters. In Florida, even non-Floridians can get a concealed carry permit. You can get the application online. From the Department of Agriculture. (“Fresh from Florida.”)
Under a bill sponsored by Senator Mark Begich, Democrat of Alaska, you could take your Florida permit and your Florida loaded handgun and travel anyplace in the country, including the states where the police investigate every permit application, and say yes to relatively few. “If this law existed today, George Zimmerman could carry a loaded hidden handgun in Times Square. Today,” said Dan Gross, the president of the Brady Campaign to Prevent Gun Violence.
And that would be the moderate version.
Senators John Thune of South Dakota and David Vitter of Louisiana have a competing bill that would relieve residents of states like Vermont and Arizona — which don’t require concealed weapons permits at all — from the cumbersome process of actually putting in some paperwork before they tote their handguns to, say, California or New Jersey. Under this one, Jared Loughner, who shot Representative Gabrielle Giffords, a judge, a small child and four other innocent Arizonans, could have brought his loaded handgun to Times Square.
There is a serious trend toward states letting their residents carry concealed weapons with no more background check than you need to carry a concealed nutcracker. All of this is based on the gun rights lobby’s argument that the more armed law-abiding people we have on our streets, the safer everybody will be. Under this line of thinking, George Zimmerman’s gated community was safer because Zimmerman was driving around with his legal gun. You can bet that future Trayvon Martins who go to the store to buy Skittles after dark will seriously consider increasing their own safety by packing heat. The next confrontation along these lines may well involve a pair of legally armed individuals, legally responding to perceived, albeit nonexistent, threats by sending a bullet through somebody’s living room window and hitting a senior citizen watching the evening weather report.
The Violence Policy Center has a list of 11 police officers and 391 private citizens who have been killed over the last five years by people carrying concealed weapons for which they had a permit. That includes a man in Florida who killed four women, including his estranged wife, in a restaurant in 2010 and another Floridian who opened fire at Thanksgiving, killing four relatives.
You would think all of this would cause states to stop and rethink. But no. And, personally, I’m worn down from arguing. Florida, follow your own star. Arizona, arm your kindergarteners. Just stop trying to impose your values on places where the thinking is dramatically different.
Really, just leave us alone. If you don’t like our rules, don’t come here. Is that too much to ask?
By: Gail Collins, Op Ed Columnist, The New York Times, March 28, 2012
“An Alternative Legislature”: Judicial Activists In The Supreme Court
Three days of Supreme Court arguments over the health-care law demonstrated for all to see that conservative justices are prepared to act as an alternative legislature, diving deeply into policy details as if they were members of the Senate Health, Education, Labor and Pensions Committee.
Senator, excuse me, Justice Samuel Alito quoted Congressional Budget Office figures on Tuesday to talk about the insurance costs of the young. On Wednesday, Chief Justice John Roberts sounded like the House whip in discussing whether parts of the law could stand if other parts fell. He noted that without various provisions, Congress “wouldn’t have been able to put together, cobble together, the votes to get it through.” Tell me again, was this a courtroom or a lobbyist’s office?
It fell to the court’s liberals — the so-called “judicial activists,” remember? — to remind their conservative brethren that legislative power is supposed to rest in our government’s elected branches.
Justice Stephen Breyer noted that some of the issues raised by opponents of the law were about “the merits of the bill,” a proper concern of Congress, not the courts. And in arguing for restraint, Justice Sonia Sotomayor asked what was wrong with leaving as much discretion as possible “in the hands of the people who should be fixing this, not us.” It was nice to be reminded that we’re a democracy, not a judicial dictatorship.
The conservative justices were obsessed with weird hypotheticals. If the federal government could make you buy health insurance, might it require you to buy broccoli, health club memberships, cellphones, burial services and cars? All of which have nothing to do with an uninsured person getting expensive treatment that others — often taxpayers — have to pay for.
Liberals should learn from this display that there is no point in catering to today’s hard-line conservatives. The individual mandate was a conservative idea that President Obama adopted to preserve the private market in health insurance rather than move toward a government-financed, single-payer system. What he got back from conservatives was not gratitude but charges of socialism — for adopting their own proposal.
The irony is that if the court’s conservatives overthrow the mandate, they will hasten the arrival of a more government-heavy system. Justice Anthony Kennedy even hinted that it might be more “honest” if government simply used “the tax power to raise revenue and to just have a national health service, single-payer.” Remember those words.
One of the most astonishing arguments came from Roberts, who spoke with alarm that people would be required to purchase coverage for issues they might never confront. He specifically cited “pediatric services” and “maternity services.”
Well, yes, men pay to cover maternity services while women pay for treating prostate problems. It’s called health insurance. Would it be better to segregate the insurance market along gender lines?
The court’s right-wing justices seemed to forget that the best argument for the individual mandate was made in 1989 by a respected conservative, the Heritage Foundation’s Stuart Butler.
“If a man is struck down by a heart attack in the street,” Butler said, “Americans will care for him whether or not he has insurance. If we find that he has spent his money on other things rather than insurance, we may be angry but we will not deny him services — even if that means more prudent citizens end up paying the tab. A mandate on individuals recognizes this implicit contract.”
Justice Antonin Scalia seemed to reject the sense of solidarity that Butler embraced. When Solicitor General Donald Verrilli explained that “we’ve obligated ourselves so that people get health care,” Scalia replied coolly: “Well, don’t obligate yourself to that.” Does this mean letting Butler’s uninsured guy die?
Slate’s Dahlia Lithwick called attention to this exchange and was eloquent in describing its meaning. “This case isn’t so much about freedom from government-mandated broccoli or gyms,” Lithwick wrote. “It’s about freedom from our obligations to one another . . . the freedom to ignore the injured” and to “walk away from those in peril.”
This is what conservative justices will do if they strike down or cripple the health-care law. And a court that gave us Bush v. Gore and Citizens United will prove conclusively that it sees no limits on its power, no need to defer to those elected to make our laws. A Supreme Court that is supposed to give us justice will instead deliver ideology.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, March 28, 2012
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