“Truth Be Told”: How John Roberts Started This Spending Madness
Related to Joe Ricketts and SuperPACs and all this is of course the Supreme Court decision that made it all possible, Citizens United. It’s worth remembering how we got here.
Jeff Toobin’s piece in this week’s New Yorker is a total revelation. The CU decision, it turns out, didn’t just happen. You know–a case goes through the appellate layers, the Supremes decide there’s an interesting question in it, they grant certiorari, and they hear the case. That’s our assumption, and it’s what usually happens.
Well, it’s not what happened here. It’s technically a bit complicated, but what happened is that the Court heard the case a first time, when the petitioner (Citizens United, represented by Ted Olson) was seeking only a very narrow decision saying that McCain-Feingold spending and disclosure limits should not apply to a political ad/movie that was being offered on a pay-per-view basis. They planned on showing an anti-Hillary ad on that basis, so that’s all they were interested in.
That’s what CU wanted. But through the course of the questioning and the opinion-writing, which Toobin explains in lucid detail (see especially page 5 of his article), it became clear to all involved that the conservative faction–led in this case by Anthony Kennedy–could use the case as a wedge to make a much more sweeping decision. And in stepped John Roberts.
To make a long story short, Roberts held back the decision and rescheduled the case for the next year, This enabled the conservative majority to expand dramatically the scope of the majority opinion. And he sped it up, put it on the calendar for September, not the usual first week of October, in order (Toobin suggests) that the decision would be more likely to have an impact on the 2010 elections.
The important thing to remember here: Roberts is the guy who said at his confirmation hearings that he’d go slow and be highly respectful of precedent. But here, he engineered the Court’s calendar and procedure specifically to turn a narrow case that few people would even have paid attention to into a sweeping decision that changes American politics and undoes a century of jurisprudence.
And that is how we got these SuperPACs. Really an amazing and important story.
By: Michael Tomasky, The Daily Beast, May 18, 2012
“Things That Make You Go Uhm”: Why Does Romney Get A Pass?
Greg Sargent highlights this portion from an interview Mitt Romney did with Town Hall this morning:
“I think it’s very hard to tell exactly what the president would do, other than by looking at his record in his first three and a half or four years. And we can see where he took the nation in these years. It’s a massive expansion of federal spending, an expansion of the reach of the federal government, and there’s no question in my mind but that his Supreme Court nominees and his policies would be designed toward expanding the role of government in our lives. And frankly, America’s economy runs on freedom. And he has been attacking economic freedom from the first day he came into office.”
Sargent sees this as an attempt to downplay the severity of the economic crisis, and pin the blame for economic stagnation on Obama’s policies. That sounds right, given the extent to which Romney’s general election strategy is predicated on inducing amnesia in the voting public.
This also serves to highlight a point I’ve made over the last week; there’s almost nothing Romney can say that can tarnish his aura of skill and competence. On Tuesday, Romney gave a speech decrying debt, despite the fact that his economic plan would add an additional $6 trillion in debt, on top of what’s projected under current policies. Today, he decries the stimulus—without giving a single idea of what he would have done—and declares that the economy runs on freedom.
Even the most charitable interpretation—that Romney is making a case for free-enterprise—falls apart when you recognize the degree to which government has been an important part of shaping our economy from the beginning. It’s the kind of rhetoric that would have been (rightfully) mocked if uttered by someone like Michele Bachmann, but goes unremarked on when adopted by Romney.
Why? It’s an honest question, because I’m at a loss.
By: Jamelle Bouie, The American Prospect, May 18, 2012
“Masquerading As A Charity”: ALEC Exposed In Wisconsin, The Hijacking Of A State
Today, the Madison-based Center for Media and Democracy (CMD) released a new report that details the exclusive network of corporate lobbyists and special interest groups that influence the Wisconsin legislature through the American Legislative Exchange Council (ALEC).
“This report reveals details of the extraordinary influence of ALEC and its agenda on the Wisconsin legislature and our laws over the past 16 months,” said Lisa Graves, executive director of the Center for Media and Democracy. “This corporate-backed agenda undermines the rights of Wisconsin families while advancing the agenda of huge corporations and special interest groups.”
Six weeks ago, corporate members of ALEC started jumping ship when it became known that Florida’s “Stand Your Ground Law” — linked to the Trayvon Martin shooting — spread to over two dozen states via ALEC. So far, 14 corporate members and 45 legislators from other states have quit the organization.
“We document how global corporations are buying influence with Wisconsin legislators through potentially illegal gifts called ALEC ‘scholarships,'” said CMD Law Fellow Brendan Fischer, the report’s author. “ALEC’s corporate members are not only giving Wisconsin legislators thousands of dollars of campaign contributions, they are also buying flights and hotel rooms. These gifts undermine Wisconsin’s reputation for clean government and the strict ethics rules designed to protect the voices of Wisconsin residents in our state’s democracy.”
CMD asked the Wisconsin Government Accountability Board in March to determine whether ALEC member legislators receiving gifts of flights and hotel rooms from ALEC’s corporate members violates state ethics and lobbying laws. Now, CMD and Common Cause in Wisconsin are asking Wisconsin’s Attorney General to look into ALEC’s lobbying activities.
“It is time for the Attorney General to determine that ALEC is primarily a corporate lobbying group masquerading as a charity,” said Common Cause in Wisconsin Executive Director Jay Heck. “ALEC’s corporate members fund the organization to access and influence state legislators, and it is unacceptable to get a tax deduction for doing so.”
Here are some of the key findings from the new report:
- 32 bills or budget provisions reflecting ALEC model legislation were introduced in Wisconsin’s 2011-2012 legislative session;
- 21 of these bills or budget provisions have passed, and two were vetoed;
- More than $276,000 in campaign contributions were made to ALEC legislators in Wisconsin from ALEC corporations since 2008;
- More than $406,000 in campaign contributions were made to ALEC alumnus Governor Walker from ALEC corporations over the same time period for his state campaign account;
- At least 49 current Wisconsin legislators are known ALEC members, including the leaders of both the House and Senate as well as other legislators holding key posts in the state. Additionally, the Governor, the Secretary of the Department of Administration, and the Chairman of the Public Service Commission are ALEC alumni; and
- At least 17 current legislators have received thousands of dollars of gifts cumulatively from ALEC corporations in the past few years, in the form of flights and hotel rooms filtered through the ALEC “scholarship fund” (complete “scholarship” information is not available).
ALEC describes itself as the largest “independent member association of state legislators” in the country, but over 98 percent of its nearly $7 million in annual revenue comes from corporations and sources other than legislative dues, which are $50 a year. Representatives from America’s largest corporations, including Koch Industries, Wal-Mart, Exxon Mobil, Reynolds, and Altria/Phillip Morris fund ALEC and sit on its private sector governing board.
By: Sara Jerving, PR Watch, Center For Media and Democracy, May 17, 2012
“Fighting The Last War”: The Right’s Peculiar Obsession With Jeremiah Wright
It’s often said that generals have an unfortunate tendency to fight the last war. Judging by a leaked “super PAC” ad campaign apparently being contemplated against President Obama, some Republican political strategists have the same problem. After nearly four years of an Obama presidency, they’re still fixated on Rev. Jeremiah Wright.
According to a report in Thursday morning’s New York Times, a super PAC called the Ending Spending Action Fund was contemplating a proposal for an ad campaign timed to hit during the Democratic National Convention which would focus on Wright. (In light of the publicity around the proposal, the group has reportedly decided against the ad campaign.)
According to the Times‘s Jeff Zeleny and Jim Rutenberg:
The plan, which is awaiting approval, calls for running commercials linking Mr. Obama to incendiary comments by his former spiritual adviser, the Rev. Jeremiah A. Wright Jr., whose race-related sermons made him a highly charged figure in the 2008 campaign.
“The world is about to see Jeremiah Wright and understand his influence on Barack Obama for the first time in a big, attention-arresting way,” says the proposal, which was overseen by Fred Davis and commissioned by Joe Ricketts, the founder of the brokerage firm TD Ameritrade. Mr. Ricketts is increasingly putting his fortune to work in conservative politics.
Even if the ads will never run, the proposal reflects a fantasy that has been nurtured in some more fervent conservative circles—that Wright was the ace never played against Obama, that if only Sen. John McCain had run a Wright-centric campaign four years ago, we’d be enduring, err, enjoying a McCain-Palin administration right now. Given both the broader 2008 context (a crashing economy) and the nature of Obama’s appeal (post-partisan and optimistic), it’s dubious whether a fear-mongering, arguably race-baiting ad campaign that painted issue No. 1 as something other than the economy would have gotten any traction.
This is reinforced by the fact that Wright was not the invisible man that rabid conservatives seem to think he was. Neither his rhetoric nor his relationship with Obama was a particular secret. He got wall-to-wall media coverage to the point where Obama gave a high profile speech addressing his inflammatory, unacceptable rhetoric. Within two days the speech had been clicked on 1.6 million times on YouTube, making it the most popular video on the site. And in late October an independent GOP group spent millions running Wright-centric ads in Ohio, Pennsylvania, Florida, all states which Obama ended up winning. To suggest that the American people didn’t know about Wright is to suggest that the American people are fools.
But really that’s what the really obsessive Obama-haters seem to think: The American people aren’t smart enough to see Obama for what he is. They seem to view Wright as the magical prism which will finally allow the main stream of American voters to see Obama the same way they do—as, in the words of Colorado GOP Rep. Mike Coffman, “in his heart … not an American.” (Coffman, who made the comment in the context of avowing ignorance of whether the president was actually born here, was later forced to retract his statement.)
Of course we’re not discussing whether the McCain campaign should have focused on Wright four years ago. The question today is whether the running of a flight of Wright-focused ads would help Mitt Romney in November or merely scratch an itch peculiar to an especially obsessive subsection of the conservative coalition.
The Romney campaign came up with their answer to that question, issuing a statement today saying that they “repudiate any efforts” at character assassination. Team Romney understands something that Wright-aholics seem blinded to: If there was ever a time to play the Jeremiah Wright card it was in 2008. Obama’s no longer an ill-defined figure in the eyes of the American public—we’ve lived with the man for four years now. People will vote for him based on his policies and how he’s handled the office, not on some wild-eyed conspiracy theory about his secret un-American-ness.
And to the extent the proposed ad tries to connect the dots that the histrionic reverend is responsible for a radical president with a fundamentally different view of America, it stretches credulity. As MSNBC’s “First Read” noted this morning, “While we know that there are conservatives who want to portray Obama as a socialist tied to people who hate America, his actual record over the past four years—championing legislation that once had GOP support (stimulus, health-care reform, even cap-and-trade) and killing Osama bin Laden—doesn’t back-up the conspiratorial narrative portrayed in this plan.” (Indeed the surest way to bring an end to the free market system as America knows it would have been to let matters run their course: No TARP so the financial system would collapse; no bailout for the auto industry; no oversight of Wall Street, ensuring that self-absorbed barons of finance would rinse and repeat.)
The proposed ads will not air, cooler heads apparently having prevailed. If Ricketts had pulled the trigger on this plan, he would ironically be playing out one conservative talking point scenario: What is bad for America (specifically in regard to degradation of political discourse) would have proved to be good for Obama (as swing voters roll their eyes at the GOP’s apparent over-the-top obsession with irrelevancies).
By: Robert Schlesinger, U. S. News and World Report, May 17, 2012
“The Many Faces Of Evil”: In The GOP, Personality Is Not Policy
As we know, Mitt Romney is not all that likeable. Now Mike Huckabee, there’s a likeable guy. He used to say (and maybe still does) that he’s a conservative, but he’s not angry about it. It was a clever line, positing himself as the happy warrior and other Republicans as needlessly unpleasant. Huckabee has an easy smile and a friendly laugh. He plays bass. He invites liberals on his television and radio shows to have respectful discussions about issues. So how do we interpret it when Huckabee allows fundraising letters to be sent out under his name that say things like this:
“Listen, you’re a person of faith and so am I. In his administration and now on his re-election campaign, President Obama has surrounded himself with morally repugnant political whores with misshapen values and gutter-level ethics.”
Yeesh. Should this lead us to change our opinion of Huckabee? Or can you be a likeable guy and a vicious partisan at the same time? Now maybe Huckabee never saw the letter, but I doubt it. It’s not like he’s running a corporation with 50,000 employees that puts out hundreds of documents every day. And honestly, I always found Huckabee to be a contradiction, someone with a pleasant persona and some decidedly unpleasant views. But this is a good reminder that we shouldn’t substitute our impressions of someone’s manner for a judgment about how they’ll perform in their public duties.
This works in the opposite direction, too. Let’s take Rick Santorum. His views on just about everything are pretty much what Mike Huckabee’s are. He got a lot of attention for his harshly judgmental opinions about gay people, but I can’t remember Huckabee ever saying anything substantively different. The reason Santorum stands out is that he is a deeply unpleasant person. He always looks like he just stepped in dog poop, the dog poop being the moral sewer that is American culture. You can see him tense up when he’s confronted by people who disagrees with him, while Huckabee smiles and laughs, disarming people with his affability. But they both believe the same things. I doubt a Huckabee presidency would have been much different from a Santorum presidency.
It’s easy to get this kind of misleading impression about someone, particularly because figuring out the substance of what someone believes can be a lengthy and tedious process, but we’re all very good at making quick judgments about whether or not we like a person. And the consequences can be serious. You might remember that when John Roberts got nominated to the Supreme Court, he was roundly praised for being so personable and reasonable. He smiled and spoke slowly and carefully. He talked in baseball metaphors. Everything about his manner made him seem moderate and thoughtful. And in the end, he turned out to be the very definition of a radical conservative judicial activist.
BY: Paul Waldman, The American Prospect, May 16, 2012
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