“The High Court’s Highhandedness”: Rulings Are Based Less In Law Than In The Personal Beliefs Of The Men On The Tribunal
It is a case of Supreme hypocrisy.
The adjective refers to that nine-person tribunal at the top of the American legal system, the noun to its latest act of judicial malpractice. Meaning not the notorious Hobby Lobby decision handed down at the end of June, but a less-noticed ruling a few days later.
We have to revisit the former to provide context for the latter. On June 30, the court ruled that a “closely held” corporation may deny employees health insurance covering any contraceptive method that conflicts with the company’s religious beliefs. Writing for the majority, Justice Samuel Alito faulted the government for failing, under the Affordable Care Act, to choose the “least restrictive” means of ensuring women access to all FDA-approved methods of birth control. He pointed out that the ACA already makes an exemption for nonprofit groups with religious objections; simply fill out a form certifying those objections and they are relieved from having to provide the disputed contraceptives.
Alito saw this as a win-win. Employees get the birth control they want — they pay directly to the insurance company — but the government does not “impinge” on the organization’s religious beliefs.
Three days later, the court issued an injunction freeing a Christian school — Wheaton College in Illinois — from having to fill out the certification form. The school had argued that simply doing the paperwork — the form asks only for name, contact information, signature and date — infringed upon its religious liberty because it would trigger the employee’s ability to get the disputed contraception. So the same form that the court held to be a reasonable compromise on Monday was judged an unreasonable burden on Thursday. Or as Justice Sonia Sotomayor put it in a withering dissent, “Those who are bound by our decisions usually believe they can take us at our word. Not so today.”
Indeed, the malleability of the court’s logic suggests these rulings are based less in law than in the personal beliefs of the men on the tribunal. One gets the sense they chose the desired result first, then backfilled whatever “reasoning” would get them there.
Which is not just Supreme hypocrisy, but also Supreme faithlessness. And, yes, Supreme sexism.
I once saw a protest sign to the effect that if men gave birth, contraception would be bacon flavored and dispensed from vending machines. Can anyone argue the truth in that? Would we even be having this debate if some company had a religious objection to Viagra — or vasectomies?
And how far down the line must a company’s religious scruples be honored anyway? If it is too much to ask Wheaton College to fill out a form because an employee will be “triggered” to buy contraception on her own, does the school also have a right to scrutinize and approve other purchases made with the salary she earns from them? If she buys whiskey or pornography with “their” money, does the school have a right to object?
Not to mention the frightening precedent the court is setting in the name of religious liberty. It makes faith a potential get-out-of-jail-free card, exempting the holder from any law he finds onerous. Given that Mormons once embraced a theology of racism and evangelical Christians still deny basic freedoms to gay people, the danger of this is obvious.
In its rush to confer personhood on organizations and constrain women’s choices, the court steers us toward a day in which corporate rights would trump human rights and you could no longer take for granted that you would be served by a given business without first checking to make sure you didn’t offend the owner’s religious sensibilities. It’s hard to imagine what that world would be like.
Pretty soon, we may not have to.
BY: Leonard Pitts, Jr., Syndicated Columnist, The Miami Herald; Published in The Seattle Times, July 13, 2014
“Bordering On Heartless”: Protecting Ourselves From The Youngest Of Refugees
Glenn Beck says he has come under fierce attack from some of his fellow conservatives for a grave transgression.
His crime? He announced plans to bring food, water, teddy bears and soccer balls to at least some of the tens of thousands of Central American children who have crossed the border into the United States.
“Through no fault of their own, they are caught in political crossfire,” Beck said. “Anyone, left or right, seeking political gain at the expense of these desperate, vulnerable, poor and suffering people are reprehensible.”
Beck, not averse to a certain grandiosity, let us know that “I’ve never taken a position more deadly to my career than this.” But assume he’s right — and he may well be. It’s one more sign of how the crisis at our border has brought out the very worst in our political system and a degree of plain nastiness that we should not be proud of as a nation.
Let’s stipulate: This is a difficult problem. Unless the United States is willing to open its borders to all comers — a goal of only the purest libertarians and a very few liberals — we will face agonizing choices about whom to let in and whom to turn away.
Moreover, it’s clearly true, as The Post editorialized, that “there is nothing humanitarian in tacitly encouraging tens of thousands of children to risk their lives, often at the hands of cutthroat smugglers, to enter this country illegally.”
But instead of dealing with this problem in a thoughtful way reflecting shared responsibility across party lines, President Obama’s critics quickly turned to the business of — if I may quote Beck — seeking political gain. Last week, the only issue that seemed to matter was whether Obama visited the border.
It’s not just partisan politics, either. It should bother religious people that politicians pay a lot of attention when conservative church leaders speak out against contraception and gay rights but hardly any when religious voices suggest that these children deserve empathy and care.
There are those in our clergy who could usefully consider whether they speak a lot louder when they’re talking about sexuality than when they’re preaching about love. Nonetheless, many religious leaders are condemning callousness toward these kids.
“The church cannot be silent,” the Rev. Gabriel Salguero, president of the National Latino Evangelical Coalition, wrote in Time magazine, “as angry groups of people stoking the flames of fear yell at buses filled with helpless immigrant children and women.”
And Sister Mary Ann Walsh, the media director for the U.S. Conference of Catholic Bishops, called for “a moral conscience moment” akin to the response during the civil rights era “in the welcoming of children and others escaping the violence in such countries as Guatemala, El Salvador and Honduras.”
It is said, and it’s true, that the William Wilberforce Trafficking Victims Protection Reauthorization Act that swept through Congress and was signed by President George W. Bush in December 2008 has had the unintended consequence of encouraging the Central American children to head north. To protect victims of sex trafficking, the law guaranteed an immigration hearing to unaccompanied minors, except for those from Canada and Mexico.
As the bill was making its way through Congress, members of both parties could not stop congratulating themselves for their compassion. The bill, Rep. Jeff Fortenberry (R-Neb.) said, arose from “exemplary bipartisan cooperation” and showed how big-hearted we are.
“Together, let us end the nightmare of human trafficking,” he declared, “and lead the world to see, in the poignant words of Alexis de Tocqueville, that America is great because America is good.”
Suddenly, we are far less interested in being “good” than in protecting our borders — even if those we are tring to “protect” ourselves from are the youngest of refugees.
All the pressure now is to change the Wilberforce Act so it would no longer apply to Central American children. There’s a strong logic to this. The law does create a powerful incentive for unaccompanied minors from Central America (which is not that much farther away than Mexico) to seek entry, en masse, to our country.
But there is another logic: that the anti-trafficking law really did embody a “good” instinct by holding that we should, as much as we can, treat immigrant children with special concern. Do we rush to repeal that commitment the moment it becomes inconvenient? Or should we first seek other ways to solve the problem? Yes, policymakers should be mindful of unintended consequences. But all of us should ponder the cost of politically convenient indifference.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, July 13, 2014
“Stone-Engraved Sacrosanct Principles”: The Tea Party Isn’t A Political Movement, It’s A Religious One
America has long been the incubator of many spiritual creeds going back to the Great Awakening and even earlier. Only one of them, Mormonism, has taken root and flourished as a true religion sprung from our own native ground. Today, however, we have a new faith growing from this nation’s soil: the Tea Party. Despite its secular trappings and “taxed enough already” motto, it is a religious movement, one grounded in the traditions of American spiritual revival. This religiosity explains the Tea Party’s political zealotry.
The mark of a national political party in a democracy is its pluralistic quality, i.e. the ability to be inclusive enough to appeal to the broadest number of voters who may have differing interests on a variety of issues. While it may stand for certain basic principles, a party is often flexible in applying them, as are its representatives in fulfilling them. Despite the heated rhetoric of elections and the bombast of elected representatives, they generally seek consensus with the minority in order to achieve their legislative goals.
But when religion is thrown into the mix, all that is lost. Religion here doesn’t mean theology but a distinct belief system which, in totality, provides basic answers regarding how to live one’s life, how society should function, how to deal with social and political issues, what is right and wrong, who should lead us, and who should not. It does so in ways that fulfill deep-seated emotional needs that, at their profoundest level, are devotional. Given the confusions of a secular world being rapidly transformed by technology, demography, and globalization, this movement has assumed a spiritual aspect whose adepts have undergone a religious experience which, if not in name, then in virtually every other aspect, can be considered a faith.
Seen in this light, the behavior of Tea Party adherents makes sense. Their zeal is not the mercurial enthusiasm of a traditional Republican or Democrat that waxes and wanes with the party’s fortunes, much less the average voter who may not exercise the franchise at every election. These people are true believers who turn out faithfully at the primaries, giving them political clout in great excess to their actual numbers. Collectively, this can make it appear as if they are preponderant, enabling their tribunes to declare that they represent the will of the American people.
While a traditional political party may have a line that it won’t cross,the Tea Party has a stone-engraved set of principles, all of which are sacrosanct. This is not a political platform to be negotiated but a catechism with only a single answer. It is now a commonplace for Tea Party candidates to vow they won’t sacrifice an iota of their principles. In this light, shutting down the Government rather than bending on legislation becomes a moral imperative. While critics may decry such a tactic as “rule or ruin,” Tea Party brethren celebrate it, rather, as the act of a defiant Samson pulling down the pillars of the temple. For them, this is not demolition but reclamation, cleansing the sanctuary that has been profaned by liberals. They see themselves engaged in nothing less than a project of national salvation. The refusal to compromise is a watchword of their candidates who wear it as a badge of pride. This would seem disastrous in the give-and-take of politics but it is in keeping with sectarian religious doctrine. One doesn’t compromise on an article of faith.
This explains why the Tea Party faithful often appear to be so bellicose. You and I can have a reasonable disagreement about fiscal policy or foreign policy but if I attack your religious beliefs you will become understandably outraged. And if I challenge the credibility of your doctrine you will respond with righteous indignation. To question the validity of Moses parting the Red Sea or the Virgin Birth or Mohammed ascending to heaven on a flying horse is to confront the basis of a believer’s deepest values.
Consequently, on the issues of government, economics, race, and sex, the Tea Party promulgates a doctrine to which the faithful must subscribe. Democrats and independents who oppose their dogma are infidels. Republicans who don’t obey all the tenants are heretics, who are primaried rather than burned at the stake.
Like all revealed religions this one has its own Devil in the form of Barack Obama. This Antichrist in the White House is an illegitimate ruler who must be opposed at every turn, along with his lesser demons, Harry Reid and Nancy Pelosi. They are responsible for everything that has gone wrong with the country in the last six years and indeed, they represent a liberal legacy that has betrayed America’s ideals for the better part of a century. Washington is seen in the same way Protestant fire-breathers once saw Rome: a seat of corruption that has betrayed the pillars of the faith. The only way to save America’s sanctity is to take control of Washington and undermine the federal government while affecting to repair it. Critical to this endeavor is the drumroll of hell-fire sermons from the tub-thumpers of talk radio and Fox News. This national revival tent not only exhorts the faithful but its radio preachers have ultimately become the arbiters of doctrinal legitimacy, determining which candidates are worthy of their anointment and which lack purity.
Having created a picture of Hell, the Tea Party priesthood must furnish the faithful with an image of Paradise. This Eden is not located in space but in time: the Republic in the decades after the Civil War when the plantocracy ruled in the South and plutocrats reigned in the North. Blacks knew their place in Dixie through the beneficence of states’ rights, and the robber barons of the North had a cozy relationship with the government prior to the advent of labor laws, unions, and the income tax. Immigrants were not yet at high tide. It was still a white, male, Christian country and proudly so. When Tea Party stalwarts cry “Take back America!” we must ask from whom, and to what? They seek to take it back to the Gilded Age, and retrieve it from the lower orders: immigrants, minorities the “takers” of the “47 percent,” and their liberal enablers.
Most critical to any religious movement is a holy text, and the Right has appropriated nothing less than the Constitution to be its Bible. The Tea Party, its acolytes in Congress and its allies on the Supreme Court have allocated to themselves the sole interpretation of the Constitution with the ethos of “Originalism.” Legal minds look to the text to read the thoughts of the Framers as a high priest would study entrails at the Forum. The focus is on text rather than context and authors; the writing rather than the reality in which the words were written. This sort of thinking is a form of literalism that is kindred in spirit to the religious fundamentalism and literal, Biblical truth that rose as bulwarks against modernity.
One thing that Tea Partiers and liberals alike both recognize is that the Constitution forbids the establishment of religion. The prohibition was erected for good reason: to prevent the religious wars that wracked Europe in the previous century. The Enlightenment was to transcend such sectarian violence inimical to the social order together with the concomitant religious oppression that burdened individual conscience. By investing a political faction with a religious dimension the Tea Party presents a challenge to both religion and democracy.
By: Jack Schwartz, The Daily Beast, July 13, 2014
“A Typical Republican Trick”: Gun Nuts Deploy Rand Paul And Ted Cruz For Cynical Political Scheme
Earlier this week the Senate voted 82-12 to open debate on the Bipartisan Sportsmen’s Act, a measure introduced by Democratic Sen. Kay Hagan that “aims to preserve federal lands for hunting, fishing and shooting” and had over 20 Republican co-sponsors. It also would “amend the Toxic Substances Control Act, preventing the Environmental Protection Agency from regulating ammunition and fishing equipment that may contain lead.” Sounds … lovely. What it really is, though, is a vehicle for an endangered red-state Democrat such as Kay Hagan to bring something home to brag about.
And that’s why it had to die on Thursday, in a spectacularly cynical yet all-too-common flameout during amendment.
Republicans, who agreed with the bill in spirit but, more pertinently, knew that it might help Kay Hagan win reelection, pulled off a typical trick: trying to attach a number of insane gun lobby amendments to the bill that would force Hagan and other red-state Democrats to cast difficult votes.
Sen. Tom Coburn’s amendment would limit “the circumstances under which veterans can be denied access to firearms because of mental illness.” Sen. Ted Cruz’s “would allow expanded interstate transport of ammunition and firearms.” And then, there’s beloved hero-Sen. Rand Paul, who thinks this hunting and fishing bill represents the latest perfectly reasonable opportunity to strip Washington, D.C., of all its gun laws.
Rand’s proposed amendment to the Bipartisan Sportsmen’s Act would repeal the registration requirement, end the ban on semi-automatic rifles and high-capacity magazines, expand the right to carry guns outside the home and protect the right to carry guns on federal land in D.C. and elsewhere in the country. In essence, the bill would eliminate the District’s local gun laws, leaving only federal firearms law to regulate gun ownership and use in the city.
(You’ve got to love the way Republicans casually introduce amendments to overhaul laws set by the local government of the District of Columbia. Oh, here’s a little amendment to get rid of all your gun laws. Oh, here’s a quick note I drew up to keep marijuana criminalized in your little town of sin. Non-voting Delegate Eleanor Holmes Norton, of course, is never consulted on these things, but members of Congress do seek her out when they want to bitch about the traffic. Anyway, this is an aside, which is why it’s in parentheses.)
Once Coburn et al. drafted their amendments, pro-gun control Democrats decided to retaliate. “If we open this to a gun debate, we’re going to hear both sides,” Sen. Dick Durbin said earlier in the week. And so he drew up an amendment to “stiffen the penalty for straw purchases of guns to 15 years in prison,” while Sen. Richard Blumenthal offered one that “would temporarily take guns away from people who commit domestic violence and have a restraining order placed against them.”
And so Harry Reid blocked amendments, Republicans withdrew their support, and the measure went down on a 41-56 cloture vote this morning. This is all well and good according to the Gun Owners of America, a lobby that had pushed for the Republican amendment flood to what it called “a do-nothing, reelection bill for Harry Reid’s cronies.”
We weep not, reader, for the demise of the Bipartisan Sportsmen’s Act of 2014. The nation will survive without it. But if a bill that essentially says “WE LIKE HUNTING AND FISHING” gets bogged down in an amendment battle about whether or not to have any gun control laws anymore and then dies, maybe it wouldn’t be a bad idea to begin the August recess right now and extend it through Election Day.
By: Jim Newell, Salon, July 11, 2014
“Todd Akin Is Ready For Another Close-Up”: His Problem Was That He Was Too … ‘Conciliatory’?
In 2012, Sen. Claire McCaskill (D) was facing a tough re-election fight in Missouri, so she helped boost the Republican she assumed would be the easiest to beat: then-Rep. Todd Akin (R). The plan worked extraordinarily well.
Akin was an extremist by any measure, but the far-right lawmaker secured a spot in the Awful Candidates Hall of Fame when he famously said women impregnated during a “legitimate rape” have a magical ability to “shut that whole thing down.”
Akin soon after lost by 15 points.
All of this unpleasantness, however, was two years ago. Now the far-right Missourian is back and he wants the spotlight again.
Todd Akin takes it back. He’s not sorry.
Two years after the Missouri Republican’s comments on rape, pregnancy and abortion doomed his campaign and fueled a “war on women” message that carried Democrats to victory in the Senate, one of the few regrets he mentions in a new book is the decision to air a campaign ad apologizing for his remarks. “By asking the public at large for forgiveness,” Akin writes, “I was validating the willful misinterpretation of what I had said.”
Hmm. Todd Akin’s problem was that he was too … conciliatory?
Making matters worse, as Joan Walsh noted, Akin is not only retracting his 2012 apology, he’s also back to defending the comments that caused him so much trouble in the first place. “My comment about a woman’s body shutting the pregnancy down was directed to the impact of stress of fertilization,” Akin argues in his new book, adding that “this is something fertility doctors debate and discuss.”
Republican officials are clearly aware of Akin’s willingness to re-litigate whether women can “shut that whole thing down,” and they have a message for the former congressman: for the love of God, please stop talking.
No, really.
Todd Akin is back talking about rape in his new book and Republicans have a message for him: Shut up. […]
“Todd Akin is an embarrassment to the Republican Party and the sole reason Claire McCaskill is still part of Harry Reid’s majority,” said Brian Walsh, who served as communications director for the National Republican Senatorial Committee during the 2012 cycle.
“It’s frankly pathetic that just like Sharron Angle and Christine O’Donnell in 2010, he refuses to take any responsibility for sticking his foot in his mouth, alienating voters and costing Republicans a critical Senate seat. Worse, he’s now trying to make money off his defeat. The sooner he leaves the stage again the better.”
The GOP has vowed to prevent the stumbles on social issues that plagued Republican candidates on the trail last cycle. So its overwhelming reaction to Akin: his five minutes of fame need to be over.
That may be little more than wishful thinking. Yesterday afternoon, Planned Parenthood Votes issued a report that not only detailed Akin’s disturbing record, but connecting Akin to 2014 candidates. From the materials:
“Todd Akin and his dangerous agenda for women were soundly rejected by voters in 2012, yet candidates like Thom Tillis, Cory Gardner and Greg Abbott continue to follow in his footsteps,” said Dawn Laguens, Executive Vice President of Planned Parenthood Votes. “Todd Akin’s appalling beliefs about women and rape were too extreme for America’s women, and they represent policy positions shared by politicians like Cory Gardner, Thom Tillis and Greg Abbott – among others. Just as Todd Akin was held accountable for his beliefs, these candidates will have to answer for their opposition to basic access to medical care for America’s women, and especially their cold indifference to women who are survivors of rape and incest.”
While Todd Akin was best known for his comments about legitimate rape, he also supported a wide range of measures – such as redefining rape, wanting to ban emergency contraception for survivors of rape and incest, and supporting measures that could interfere with personal, private, medical decisions relating to decisions about birth control, access to fertility treatment, management of a miscarriage, and access to safe and legal abortion – that were far too extreme for the vast majority Americans.
Similarly, Abbott, Tillis and Gardner have used their positions to do things such as prevent rape survivors from suing those who negligently hire their attackers, trying to deny rape survivors from accessing emergency contraception, and forcing survivors of rape and incest to undergo an invasive trans-vaginal ultrasound before accessing an abortion.
Under the circumstances, the more Akin talks, the happier many on the left will be.
Disclosure: my wife works for Planned Parenthood but played no role in this piece.
By: Steve Benen, The Maddow Blog, July 11, 2014
Share This Blog
Unknown Feed- An error has occurred; the feed is probably down. Try again later.
mykeystrokes.com 