“Do What We Tell You To Do, Or We Will Kill You”: The Right To Be Able To Walk Into A Clinic Must Be Protected
The Supreme Court ruled Thursday that a Massachusetts buffer zone law violates the First Amendment; the justices were unanimous in the ruling. In case you weren’t up to speed on the case, here are the basics: Fourteen years ago, the high court upheld a Colorado law that created an 8-foot “bubble zone” around patients entering or exiting clinics. But Massachusetts’ buffer zone law prohibited demonstrators from standing within 35 feet of the facility, a length the justices seemed dubious of from the start. Walking that length — the size of a school bus — takes approximately seven seconds.
A lot can happen in those seven seconds. A lot can happen when protesters are allowed to enter clinics, physically confront patients or block doors. Massachusetts passed its law in response to aggressive and dangerous conduct from protesters stationed directly outside clinics, including an incident in 1994 where a gunman opened fire at two abortion clinics, killing two people and injuring five others. In its defense of the measure, the state argued before the justices that the buffer law is not a prohibition on speech, but a practical measure to keep access to these facilities “open and clear of all but essential foot traffic, in light of more than two decades of compromised facility access and public safety.”
Lawyers for lead plaintiff Eleanor McCullen argued that the law was an infringement on her First Amendment rights. “It’s America,” she said in an interview with NPR News. “I should be able to walk and talk gently, lovingly, anywhere with anybody.” (Clinic workers and patients may not agree about the gentle and loving nature of confrontations with protestors.)
The high court’s ruling was limited, and doesn’t necessarily mean that all restrictions on protestors outside of clinics violate the First Amendment. As Ian Millhiser from the Center for American Progress noted on Twitter, the ruling “means that some buffer zones can stay, even if this one can’t.” Salon spoke with doctors and clinic escorts about what these laws can do — and can’t do — to protect access to abortion services, their safety and the safety of their patients and colleagues.
Dr. Warren Hern, a provider in Boulder, Colorado.
I think that the harassment of patients is unacceptable. The antiabortion fanatics feel good by making other people feel bad. The patients who come to see me are carrying a tremendous emotional burden to start with, especially my patients who are coming there to end a desired pregnancy because of some fetal catastrophe or their own medical issues. For those women, they don’t want to be here and have an abortion; they want to have a baby. And they’re there in tremendous pain because of that. And so the antiabortion people come and harass these patients and their families, in spite of the fact that they are in tremendous pain and emotional anguish. It’s unsupportable, it’s indecent, it’s indefensible.
So the buffer zone ordinance that was passed in Boulder in 1986 was an attempt to help that. A problem with the buffer zone ordinance is that it requires an actuation, an activity by the patient. She has to object to this and she has to call the police, and she’s not always going to do that. And it does not require the antiabortion demonstrator to keep a certain long distance within a few feet. Well, that’s enough to cause tremendous anguish and pain for the patient.
I accept buffer zones as an important symbolic expression of community sentiment, which they are. Our law is totally supported by the people of Boulder. We all believe in free speech; nobody’s saying they can’t go to the city park and say what they want or stand across the street and picket. But really, I think the bubble zone should be the distance a rifle bullet can travel. Or even better, New Jersey. Make the Boulder buffer zone end somewhere in New Jersey.
I can’t use the front door of my office and I can’t drive out the front driveway with the protesters there. Because all of the doctors who have been assassinated have been assassinated by so-called protesters. All the other people have been killed in Boston and Alabama and so on have been killed by so-called peaceful protesters who “went over the edge.” This is the ultimate expression of what they’re saying. If they can’t use the coercive power of the state to get people to do what they want them to do, they will kill them! And the message from the antiabortion movement, which is the face of fascism in America, is, “Do what we tell you to do, or we will kill you.” So while I believe in its symbolic importance, the buffer zone ordinance is useless against that kind of mentality. These people do not accept basic premises of civilized society and the legal process.
Dr. Cheryl Chastine, a provider in Wichita, Kansas.
Buffer zones help providers feel that their safety is respected and protected. When I travel into my clinic, I know that I am mere feet from people who want to stop me by any means necessary. That’s very intimidating. We are lucky in that we have a gate and a private parking lot that patients can drive into; even still the patients are not able to get away.
They’re not able to prevent the protesters and picketers from approaching them and making personal contact with them. And so when patients come into my clinic, they’re very stressed about the fact that that contact was forced on them. I think that if they chose to make that contact, to seek those people out and talk to them, that would be one thing. But they come to the clinic knowing that they don’t want to speak to a picketer, and yet they have to go directly past them, and it makes them angry and upset and ashamed.
Katie Klabusich, a writer, media contributor and clinic escort in New York, New York.
Buffer zones don’t stop the harassment, they just make it easier to get people inside. And just because they haven’t been able to shut down the clinics in your community doesn’t mean that there isn’t a gauntlet that people have to walk to get into their doctor’s office. No matter where you live, that should horrify all of us.
Even before I was standing between patients and people from [extreme antiabortion group] Abolish Human Abortion in New Jersey, I have always seen this as a nationwide fight. Particularly if they can overturn Roe v. Wade — and they have a plan to do this — this is national.
By: Katie McDonough, Politics Writer, Salon, June 26, 2014
“Obama’s Weakness, Or Ours?”: Swagger And Invasion Are Overrated As Foreign Policy Instruments
The odds are that you think President Obama’s foreign policy is a failure.
That’s the scathing consensus forming, with just 36 percent of Americans approving of Obama’s foreign policy in a New York Times/CBS News poll released this week. Foreign policy used to be a source of strength for the president, and now it’s dragging him down — and probably other Democrats with him.
Mitch McConnell, the Senate minority leader, warns that Obama “has weakened the national security posture of the United States.” Trent Franks, a Republican member of the House from Arizona, cites foreign policy to suggest that Obama is “the most inept president we have ever had.”
Obama is no Messiah, but this emerging narrative about a failed foreign policy is absurdly harsh. Look at three issues where Republicans have been unfairly jabbing him with pitchforks:
Trading five Taliban prisoners for Bowe Bergdahl was unpopular with the public, and the Obama administration may have made the trade in the incorrect belief that Bergdahl was near death. Then again, here’s an American soldier who spent five years in Taliban custody, some of that reportedly in a cage after trying to escape. If we make heroic efforts to bring back American corpses, how can we begrudge efforts to bring back a soldier who is still alive?
Sure, there are risks. But the five Taliban prisoners have probably aged out of field combat, and, if they return to Afghanistan after their year in Qatar, they would likely have trouble finding American targets because, by then, the United States will no longer be engaged in combat.
More broadly, there’s nothing wrong with negotiating with the Taliban. The blunt truth is that the only way to end the fighting in Afghanistan is a negotiated peace deal involving the Taliban, and maybe this deal can be a step along that journey.
Russian aggression in Ukraine was infuriating, but it’s petty Washington politics to see it as emanating from Obama weakness. After all, President George W. Bush was the most trigger-happy of recent presidents, and he couldn’t prevent Russia from invading Georgia in 2008 and helping carve off two breakaway republics.
Obama diplomacy appears to have worked better than military force would have. Contrary to early expectations, Russia did not seize southeastern Ukraine along with Crimea, and President Vladimir Putin of Russia this week called on Parliament to rescind permission to invade Ukraine. Be wary, but let’s hope the Bear is backing down.
The debacle in Iraq is a political and humanitarian catastrophe, but it’s a little rich for neocons to blame Obama after they created the mess in the first place. Obama was unengaged on Iraq and Syria, but it’s not clear that even if he had been engaged the outcome would have been different.
Suppose Obama had kept 10,000 troops in Iraq as his critics wish. Some would have been killed; others injured. We would have spent another $50 billion or so in the Iraqi sands (that’s more than 25 times what Obama requested to start universal prekindergarten, but Congress balks at the expense). And Prime Minister Nuri Kamal al-Maliki might have felt even less need to keep Sunni tribes on his side. Would all this really have been the best use of American lives and treasure?
Yes, Obama has made his share of mistakes, especially in Syria, where he doesn’t seem to have much of a policy at all. Partly balancing that, he helped to defuse the Syrian chemical weapons threat.
Look, the world is a minefield. President Clinton was very successful internationally, yet he bungled an inherited operation in Somalia, delayed too long on Bosnia, missed the Rwanda genocide and muffed the beginning of the Asian financial crisis — and all that happened during a particularly skillful administration.
As for former Vice President Dick Cheney complaining about Obama’s foreign policy, that’s a bit like the old definition of chutzpah: killing your parents and then pleading for mercy because you’re an orphan. In the Bush/Cheney years, we lost thousands of Americans and hundreds of thousands of Iraqi lives, we became mired in Afghanistan, Iran vastly expanded the number of centrifuges in its nuclear program, and North Korea expanded its arsenal of nuclear weapons. And much of the world came to despise us.
Blowing things up is often satisfying, and Obama’s penchant for muddling along instead, with restraint, is hurting him politically. But that’s our weakness more than his. Obama’s foreign policy is far more deft — and less dangerous — than the public thinks, and he doesn’t deserve the harsh assessments. If there’s one thing we should have learned in the Bush/Cheney years, it’s that swagger and invasion are overrated as foreign policy instruments.
By: Nicholas Kristof, Op-Ed Columnist, The New York Times, June 26, 2014
“The Fight To Protect Voting Rights, One Year Later”: The Key Barrier Is Finding Republican Support
As of yesterday, it’s been exactly a year since conservatives on the Supreme Court, in a 5-4 ruling, gutted the Voting Rights Act. The ruling, however, was open-ended in a way – the Republican-appointed justices didn’t say which part of the Constitution the VRA violated, and it invited Congress to “fix” the law (though the justices didn’t say how).
With this in mind, a bipartisan and bicameral group of lawmakers got to work, and in January they unveiled the Voting Rights Amendment Act, a reform bill intended to address the Supreme Court’s concerns. Zachary Roth reported yesterday that proponents haven’t given up the fight.
Civil rights advocates pressed lawmakers Wednesday at a contentious Senate hearing to advance a bill that would strengthen the Voting Rights Act, saying a failure to do so would represent a historic betrayal of African-American aspirations for political equality. But Republicans appeared unmoved.
“If the Voting Rights Act is not modernized, then you are effectively ending the second Reconstruction of the United States,” Rev. Francys Johnson, the president of the Georgia NAACP, told members of the Senate Judiciary Committee.
At this point, the key barrier is finding Republican support. When Congress last considered the VRA, support for the law was nearly unanimous – and in the Senate, it was literally unanimous – but in the wake of the high court ruling, GOP support has evaporated. Indeed, as Roth’s report noted, at yesterday’s hearing, the Republican senators and the conservatives witnesses “acknowledged that race bias in voting still exists”; they just don’t intend to support any new measures to prevent voting discrimination.
As of this afternoon, the Voting Rights Amendment Act has zero Republican co-sponsors.
All of which leads us to a gentleman by the name of Thad Cochran.
Cochran, of course, is the senior senator from Mississippi, and just this week, he survived a very competitive Republican primary thanks in large part to support from African-American Democrats who saw the incumbent’s challenger as vastly more offensive.
I suggested yesterday that Cochran, as a gesture of goodwill and gratitude, can repay the favor by – you guessed it – throwing his support to the new Voting Rights Act. He’d already voted for the old one so it’s really a fairly modest request.
I’m hardly the only one who thought of this.
In an interview with HuffPost Live, Derrick Johnson, president of the Mississippi NAACP, said that Cochran could thank black voters by supporting efforts to re-establish protections in the Voting Rights Act that the Supreme Court struck down last year.
“Our advocacy towards his office is to support amending the Voting Rights Act, free of any conditions such as voter ID,” Johnson said. “I think this is an opportunity for him to show some reciprocity for African-Americans providing a strong level of support for him.”
The editorial board of the New York Times is on board, too.
The prospect of electing an intemperate Tea Party candidate who was openly nostalgic for Confederate days was so repellent to many black voters in Mississippi that they did a remarkable thing on Tuesday, crossing party lines to help give the Republican Senate nomination to Thad Cochran, in office for 36 years. Now it’s time for Mr. Cochran to return the favor by supporting a stronger Voting Rights Act and actively working to reduce his party’s extreme antigovernment policies.
Not to put too fine a point on this, but Cochran is positioned to keep his job because black voters showed up to save his skin. Why not return the favor by showing some leadership on voting rights?
In practical terms, Cochran’s support wouldn’t necessary help get the bill passed into law – House Republicans will almost certainly kill the Voting Rights Amendment Act anyway – so there’s no real harm in the senator doing the right thing.
By: Steve Benen, The Maddow Blog, June 26, 2014
“Congress Does Nothing But Sue Obama”: Boehner’s Obama Lawsuit Is The Fault Of The Do-Nothing Congress
House Republicans are so angry that President Obama has been going around them to make policy that Speaker John Boehner says he will file a lawsuit against Obama to stop what the GOP sees as abuse of executive power. Said Boehner:
The Constitution makes it clear that a president’s job is to faithfully execute the laws. In my view, the president has not faithfully executed the laws. When there are conflicts like this between the legislative branch and the administrative branch, it’s … our responsibility to stand up for this institution.
Hello, pot? It’s the kettle calling. You’re black.
Boehner’s right in that the executive branch has been driving policy changes – even ones around the edges – and often using executive orders to do it. Obama is not the only president to do this, and it’s understandable that Congress would be irked at not being made a part of the process.
What rings hollow here is that Congress has aggressively chosen not to be part of the process. The 113th Congress is the least effective Congress in recent history, unable to get even basic budget and appropriations items, let alone a comprehensive immigration bill or entitlement reform. This Congress, and the House in particular, has made it a mission to oppose pretty much anything Obama wants to do (even, in some cases, where what Obama wants to do is not that dissimilar to what a lot of Republicans say they want). That’s their right, but it’s not rational for them to expect Obama to just sit by, throw up his hands and say, “oh, well – I guess I just won’t have any impact on the nation, even though I’m president.” (Though that would serve a Republican goal, too, giving them fodder to call Obama “weak” and “ineffective.”)
And it’s not as though the legislative branch hasn’t tried to flex its muscles and push around other branches of government . The House, in the past, has considered legislation that says, in the text, that the law cannot be subject to judicial review. Another bill would force another branch of government, the Supreme Court, to allow cameras in the room during oral arguments – something the high court doesn’t want and sees as a legislative branch encroachment on its day-to-day workings.
And is Obama really the only “kinglike” figure here? Mitt Romney, in the 2012 campaign, repeatedly pledged to undo Obamacare – a law written by Congress and passed by Congress – by executive order on his first day in office. Obama has been fiddling with enforcement and application of laws and regulations administered by the executive branch. Romney wanted to undo an entire law, just because it was approved by people who were duly elected by their constituents but with whom Romney does not agree. Rick Santorum, running in 2012, listed nine executive orders he planned to issue to undo laws of the land relating to abortion, stem cell research and gay marriage. He also pledged to call on Congress to abolish the Ninth Circuit Court of Appeals, a court whose rulings Santorum did not like.
Power abhors a vacuum. And if Congress categorically refuses to participate in the law-making process, it can’t expect other branches to follow suit. The Supreme Court has had a major role recently in public policy, especially issues such as gay marriage. It’s not because nine justices are sitting in a room, wringing their collective hands in a menacing way while laughing evilly. It’s because the legislative and executive branches have been unable to work together and recognize each other’s authority.
So some in Congress think Obama is taking too much power in the way he does his job. Maybe if Congress would do its job, there would be no problem.
By: Susan Milligan, U. S. News and World Report, June 26, 2014
“This President Should Be Able To Do Absolutely Nothing”: In Dramatic Pointless Gesture, Boehner To Sue Obama
Pretty much since the moment Barack Obama finished speaking the oath of office in January 2009, Republicans have been charging that he was abusing his power, exceeding his authority and acting like a tyrant. You might remember that for a time in those early days, conservatives (led by Glenn Beck) were obsessed with the idea that Obama had appointed a group of “czars” who were wielding unaccountable power to implement all sorts of nefarious schemes. They were unable to say how a “czar” differed from “a person who works in the White House,” and that particular iteration of their outrage faded, but the underlying suspicion only grew. In the years since, the list of alleged usurpations of authority has grown daily, the charge that Obama is “lawless” becoming a constant.
At its root is the idea that Barack Obama’s presidency is inherently illegitimate, and whatever he does in that office must be illegal, or nearly so. This often translates into complaints about process, so that even when they lose, Republicans charge that the game was rigged. For instance, conservatives have said thousands of times that the Affordable Care Act, despite being probably the most exhaustively debated piece of legislation in decades, was “rammed through” Congress before anybody realized what was happening. Actions that all presidents undertake, like making recess appointments, signing executive orders, or simply having agencies write regulations, become yet more evidence of Obama’s horrific authoritarian rule.
It’s safe to say that many if not most Republicans would be eager to impeach Obama were such a move not a guaranteed political disaster for them. So John Boehner has decided to pursue a kind of impeachment-lite, announcing that the House of Representatives will be suing the president for abusing his power. “The Constitution makes it clear that the president’s job is to faithfully execute the law,” he said. “In my view, the president has not faithfully executed the law.” It’s impossible to tell at this point whether the suit has any merit, because Boehner didn’t actually cite any specific transgressions the suit will allege.
But my guess is that the suit will throw in every process complaint the Republicans have had over the last five years, because it’s mostly about Boehner’s right flank, both in Congress and in the Republican electorate. Even if the suit gets thrown out of court, Boehner will still be able to say to the eternally angry members to his right, “Hey, I’m the guy who sued Obama! I hate him as much as you do!”
It’s irresistible to charge Republicans with hypocrisy, especially given the fact that they were unconcerned when the Bush administration pushed so vigorously at the limits of presidential power. Bush and his staff regularly ignored laws they preferred not to follow, often with the thinnest of justifications, whether it was claiming executive privilege to ignore congressional subpoenas or issuing 1,200 signing statements declaring the president’s intention to disregard certain parts of duly passed laws. (They pushed the limits of vice presidential power, too—Dick Cheney famously argued that since the vice president is also president of the Senate, he was a member of both the executive and legislative branches, yet actually a member of neither and thus not subject to either’s legal constraints. Seriously, he actually believed that.)
Needless to say, at the time Republicans were perfectly fine with these moves, because when the Bush administration was doing these things, it was in support of policies they favored. And that’s how it goes: Process complaints are almost always a cover for substantive disagreement. A backroom deal made to pass a piece of legislation you agree with is just how the sausage gets made; a deal made for a piece of legislation you disagree with is evidence of deep corruption. A filibuster of a bill you oppose is a principled use of established procedures; a filibuster of a bill you favor is cynical obstructionism. And it’s a little rich to hear congressional Republicans wail that Obama has subverted their will, when their will is that this president should be able to do absolutely nothing.
To be clear, I’m not saying that it’s impossible that there could be any merit to whatever claims Boehner and his colleagues will make. There may have been situations in which Obama pushed presidential prerogatives beyond what the law and the Constitution allow, which the courts will decide. But this question comes up with every president, both because they all want to pursue their goals and try to find every means at their disposal to do so, and because the limits of that power are somewhat vague and complex. As it happens, in numeric terms, Obama has been far more restrained than his predecessor; he has issued fewer executive orders than other recent presidents, and has also used signing statements only occasionally (although recently he cited one of his signing statements as justification for failing to notify Congress 30 days before the release of Taliban prisoners in exchange for Bowe Bergdahl).
The numbers aren’t really the point, though; the question is whether Obama actually ever exceeded his authority. This lawsuit may help us understand whether that occurred, and the result might set a useful precedent to guide future presidents. But I doubt it. More likely, it’ll be an intensely partisan document whose purpose is to shake a fist at the president Republicans so despise, and it’ll get tossed out of court and thrown in the dustbin where it belongs, one more futile, angry gesture from an opposition that has lost the ability to offer anything else.
By: Paul Waldman, Contributing Editor, The American Prospect, June 26, 2014
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