“Truth Crushed To Earth Will Rise Again”: Injustice Is Resilient, But So Are Defenders Of Freedom
First, they sang “God Will Take Care of You.”
Then they walked out of Brown Chapel to a playground where they organized themselves into 24 groups of 25 each and set out marching. Their route out of Selma took them onto Highway 80, which is carried over the Alabama River by a bridge named in honor of Confederate general and Alabama Ku Klux Klan leader Edmund W. Pettus.
It was about 2:30 on the afternoon of Sunday, March 7, 1965.
At the foot of the bridge, the marchers were met by Alabama state troopers. Some were on horseback. Major John Cloud spoke to the marchers through a bullhorn. “It would be detrimental to your safety to continue this march,” he said. “And I’m saying that this is an unlawful assembly. You are to disperse. You are ordered to disperse. Go home or go to your church. This march will not continue. Is that clear to you?”
He gave them two minutes to comply. Just over one minute later, he ordered troopers to advance.
They moved toward the marchers, truncheons held waist high, parallel to the ground. But something seemed to overtake them as they pushed into the demonstrators. The troopers began to stampede, sweeping over unarmed women, children and men as a wave does a shore.
Tear gas filled the air. Lawmen on horseback swept down on fleeing marchers, wielding batons, cattle prods, rubber hoses studded with spikes. Skin was split. Bones were broken. The marchers were beaten all the way back into town. A teenager was hurled through a church window. On the bridge, the cheers and rebel yells of onlookers mingled with the shrieks of the sufferers and became indistinguishable.
Thus was the pavement of the freest country on Earth stained with the blood of citizens seeking their right to vote.
By rights, this 50th anniversary of those events should be an unalloyed celebration. After all, the marchers, fortified by men and women of good will from all over the country, eventually crossed that bridge under federal protection, marched for four days up Highway 80 and made it to, as the song says, glory. They stood at the state capital in Montgomery and heard Martin Luther King exhort them to hold on and be strong. “Truth crushed to earth,” he thundered, “will rise again!”
The Voting Rights Act was signed into law. And African -Americans, who had been excluded from the ballot box for generations, went on to help elevate scores of citizens who looked like them to the mayor’s office, the governor’s mansion, the White House.
So yes, this should be a time of celebration. But the celebration is shadowed by a sobering reality.
In 2013, the Voting Rights Act was castrated by the Supreme Court under the dubious reasoning that its success proved it was no longer needed. And states, responding to a non-existent surge of election fraud, have rushed to impose onerous new photo ID laws for voters. When it is observed that the laws will have their heaviest impact on young people, poor people and African-Americans — those least likely to have photo ID — defenders of the laws point to that imaginary surge of fraud and assure us voter suppression is the furthest thing from their minds. How can it be about race, they cluck piously, when the laws apply to everyone?
Of course, so did grandfather clauses, poll taxes, literacy tests and other means by which African-American voting rights were systematically stolen for decades and a Whites Only sign slapped onto the ballot box. It is disheartening that we find ourselves forced to fight again a battle already won. But the events of half a century past whisper to us a demand for our toughness and faith in the face of that hard truth. They remind us that, yes, injustice is resilient.
But truth crushed to earth is, too.
By: Leonard Pitts, Jr., Columnist, The Miami Herald; The National Memo, March 4, 2015
“Be Very Afraid Of ‘King v. Burwell'”: It’s Whether Or Not The United States Has Essentially Become A Banana Republic
There was a society of men among us, bred up from their youth in the art of proving, by words multiplied for the purpose, that white is black, and black is white, according as they are paid. To this society all the rest of the people are slaves.
–Jonathan Swift, Gulliver’s Travels, 1726
The real question before the Supreme Court in the ballyhooed case of King v. Burwell isn’t merely the continuance of the mandated health insurance subsidies of “Obamacare.” It’s whether or not the United States has essentially become a banana republic — an oligarchy whose legal institutions exist to provide ceremonial cover for backroom political power plays.
Almost regardless of what you think of the Affordable Care Act, legalistic chicanery of the kind on display shouldn’t be rewarded. That King v. Burwell has reached the high court is bad enough. Should the Roberts Court hand down a 5-4 decision based upon a tendentious misreading of the statute, several things will happen: An estimated 8.2 million Americans will lose health insurance coverage, the U.S. health care system will be thrown into economic chaos, and a few thousand citizens will no doubt die.
To a certain kind of person styling himself “conservative,” this would be perfectly all right. In an op-ed titled “End Obamacare, and People Could Die. That’s Okay,” one Michael R. Strain argues that higher death rates are “an acceptable price to pay for certain goals,” including “less government coercion and more individual liberty.”
Acceptable to Strain and his colleagues at the American Enterprise Institute, that is, a plutocrat-funded Washington think tank whose resident “scholars” are handsomely paid to mimic the values of 19th-century Russian aristocrats.
Along with the human casualties, the U.S. Supreme Court’s prestige as a fair arbiter would also be irrevocably damaged. As New York Times legal correspondent Linda Greenhouse argues, “The Court has permitted itself to be recruited into the front lines of a partisan war. Not only the Affordable Care Act but the Court itself is in peril as a result.”
And that would damage what’s left of American democracy.
During his 2005 confirmation hearings, Chief Justice Roberts likened himself to an umpire. His job would be to call balls and strikes, not to reinvent the rules of baseball. It was a very shrewd formulation, as most Americans prefer a non-partisan judiciary. “It is a very serious threat to the independence and integrity of the courts to politicize them,” Roberts has said repeatedly.
With the signal exception of Citizens United, a 5-4 decision invalidating campaign finance laws and pushing the nation in the direction of plutocracy, some observers do credit the Chief Justice with making an effort to move the Court away from overt partisanship. Almost two-thirds of recent Supreme Court rulings have been unanimous.
However, Roberts’ deciding vote legitimizing Obamacare’s insurance mandate infuriated many Republicans. They see in King v. Burwell an opportunity for the Chief Justice to redeem himself. All he needs to do is persuade a majority of the Justices, presumably including himself, that because the Affordable Care Act speaks of subsidies being available through a health insurance “exchange established by a state,” it means only, exactly, and literally that.
If your state—say, New York—set up and ran its own marketplace, then you’re eligible for Obamacare.
If not, you’re not.
No more health insurance subsidies for residents of Texas, Oklahoma and 32 other states that let the feds set up exchanges for them.
Never mind that the law specifically requires the U.S. Department of Health and Human Services to “establish and operate such exchange[s] within the states.” Never mind that nobody anywhere understood the Affordable Care Act to have such a restrictive meaning when it was being debated, enacted and put into operation. Such an interpretation certainly never came up during the difficult period when the HealthCare.gov website labored to get up to speed.
Never mind too that time-worn Supreme Court precedents direct judges interpreting laws to consider not isolated snippets of language, but “the specific context in which that language is used, and the broader context of the statute as a whole.” (The wording is from a 1997 opinion by Justice Clarence Thomas.)
For that matter, if anybody in Congress on either side thought the law meant what the plaintiff’s lawyers in King v. Burwell claim, why have we been having the political battle of the century about it? Why vote 56 times to repeal a law that only applies in 16 of the 50 states?
It’s an odd form of legalistic fundamentalism the justices must consider, the constitutional equivalent of a guy trying to beat a ticket for driving 95 mph in a school zone because a typo reads “ozone.”
The wonder is that the Court elected to hear the case at all after a three-judge appeals court in Richmond rejected it unanimously.
And the scary question is why?
By: Gene Lyons, The National Memo, March 4, 2015
“Netanyahu’s Missed Opportunity”: And If Bibi Is Correct, The Real Solution Is … What Exactly?
All eyes were on Capitol Hill this morning, when Israeli Prime Minister Benjamin Netanyahu delivered a speech to a joint session of Congress, hoping to undermine nuclear diplomacy with Iran. Everyone involved in the debate, regardless of their position, had a pretty good idea as to what the Israeli leader was going to say, and he met expectations.
A senior administration official told Jake Tapper there was “literally not one new idea” in Netanyahu’s speech, and “not one single concrete alternative” to the ongoing P5+1 talks. The official added that the prime minister’s speech was “all rhetoric, no action.”
The complaints have the benefit of being true.
Putting aside the fear-mongering and the Cheney-esque rhetoric, what Netanyahu’s remarks boiled down to was a straightforward message: Iran is bad and the deal that’s coming together with Iran won’t work. What Netanyahu’s speech was supposed to do was offer policymakers and critics of the talks a viable alternative solution, and on this front, the prime minister blew it. As Jon Chait noted:
Netanyahu’s panicked plea for what he called ”the survival of our country” is hardly a figment of his imagination. His recitation of the evils of Iran’s regime was largely correct. He might conceivably be correct that the Obama administration could have secured a stronger deal with Iran than the one it is negotiating, though that conclusion is hard to vouchsafe without detailed knowledge of the negotiations. […]
But Netanyahu did not make even the barest case for a better alternative.
It’s a familiar problem for President Obama’s critics: there’s an obvious problem in need of a solution; there’s a proposal preferred by the White House; and there are Obama’s critics, insisting they hate the president’s solution without offering a credible alternative of their own.
It’s not that Netanyahu critique is necessarily unpersuasive. Iran does not have a trustworthy track record, and no one in the Western world thinks it’d be a positive development for Tehran to have nuclear weapons. In fact, Obama has already said all of this; it’s an accepted consensus.
But it’s the case the Israeli leader builds on this foundation that’s problematic. For Netanyahu, no deal with Iran will work. No system of inspections will work. No verification process will work. No promises from Iran can be trusted.
And if Netanyahu is correct, the real solution is … what exactly? The prime minister had the platform to present a more effective vision, but he chose not to present one.
Perhaps the message was implicit and unstated. Maybe the audience was supposed to simply understand that Netanyahu prefers a military solution, disrupting an Iranian nuclear program through airstrikes. But (a) if that is the prime minister’s solution he should say so; and (b) there’s no reason to assume that a military campaign against a possible Iranian threat will permanently derail the country’s nuclear ambitions. On the contrary, it might even do the opposite.
“The alternative to this bad deal is a much better deal,” he told American lawmakers today. In theory, that sounds great – better deals are always, by definition, superior to bad deals. But where is this elusive better deal? What are its details? How would it receive international support? How would it be implemented?
Netanyahu didn’t, and wouldn’t, say. What a missed opportunity.
Postscript: At one point, the prime minister said, “I can only urge the leaders of the world not to repeat the mistakes of the past.” This isn’t what Netanyahu meant, one of the mistakes of our recent past was listening to him when he said invading Iraq was a great idea. If we’re going to avoid repeating mistakes, maybe we can start here.
By: Steve Benen, The Maddow Blog, March 4, 2015
“This SCOTUS Destroyed America”: How Citizens United Is Ruining More Than Our Elections
In the years since conservative Supreme Court Justice Anthony Kennedy’s landmark Citizens United v. FEC decision gave wealthy interests the political power they’d apparently lacked, the media has mostly been interested in how the ruling was affecting elections. On the presidential level, the consensus, at least among political scientists, is that the impact has been marginal. But in less rarefied air, like the grubby environs of Congressional campaigns or the sometimes sordid realm of state and municipal politics, the consequences of the ruling have been substantial. It is quite likely that dozens of state governments in the U.S. will reflect Kennedy’s vision — as well as that of the Koch brothers — for decades to come.
What has gone less-examined, however, is the role that dark money — which is spending by groups that are supposedly devoted to “social welfare,” and that consequently don’t have to reveal their donors — has played since 2010 in the crafting of legislation. This is somewhat odd, in retrospect, since the ostensible point of winning an election, after all, is to legislate. But perhaps the political and media class’s lack of attention to the new reality of sausage-making can be attributed to a campaign-finance version of climate change fatalism. One can gaze up at only so many seemingly insurmountable obstacles before wondering if one’s time would be better spent coming to terms with giving up.
And make no mistake: The reality of lawmaking in post-Citizens United Washington is enough to make even the most stalwart campaign finance reformers wonder if their advocacy and organizing is little more than professionalized windmill tilting. As the Huffington Post showed this week in a lengthy, impressive and profoundly dispiriting report, the walls separating the interests of the wealthy from the legislative process that a century of reformers fought to build have been leveled. They were never as lofty or sturdy as reformers would have wished, of course. But they now exist as little more than rubble and dust.
One of the things the report from HuffPo’s Paul Blumenthal and Ryan Grim makes clear is the way Citizens United’s pernicious effect on lawmaking is at once deliberately opaque and ploddingly simple. To take one of the many examples of now-kosher corruption they detail as a case in point, look at the story of the Property Casualty Insurers Association of America (PCI) and the 2014 election. Blumenthal and Grim note that PCI is lucky enough to have two former aides to Speaker of the House John Boehner on its lobbying team. Even better for PCI, the trade group had the foresight to donate significant chunks of money as of late to pro-Republican outside groups: $185,000 since 2012, they report.
But they weren’t done there. In addition to all of those obviously stringless donations to arms of the GOP machine, PCI also decided to give $75,000 to Crossroads GPS, the Karl Rove-affiliated “social welfare” nonprofit, and $25,000 to the Kentucky Opportunity Coalition, a “non-partisan” nonprofit. Both organizations, according to HuffPo, are run by Steven Law, who just so happens to be a member of now-Senate Majority Leader Mitch McConnell’s “inner circle.” Incidentally, both groups also happened to spend large amounts of money to support McConnell in his 2014 campaign against Democrat Alison Lundergan Grimes. Outside groups spent $1.3 million in support of Grimes and $16.4 million in opposition, while McConnell got $5.7 million outsider bucks in his favor and $10.5 million going the other way.
For PCI, the pro-McConnell donations ended up being money well spent. McConnell obliterated Grimes after a campaign that had been, for the most part, surprisingly competitive. And because GOP Senate candidates in Iowa and Georgia, who also were supported by outside groups using PCI money, defeated their Democratic opponents, too, McConnell became the new majority leader of the Senate. And wouldn’t you know it, one of the first things the McConnell-run Senate did with the reins of power was to pass a provision rolling back capital standards on insurance companies that were implemented by Dodd-Frank. Believe it or not, this was an act of deregulation that PCI strongly supported.
Now, is this all proof that McConnell engaged in a quid pro quo with PCI and other members of the insurance industry? That the current Senate majority leader told the folks at PCI to make a gesture or two (or three, or 4,000) to show how much they care about supporting a “coalition” to enhance Kentucky’s “opportunity”? No, it’s not. It may be suggestive — and to the jaundiced eye, extremely so — but it’s hardly irrefutable evidence. As defenders of these types of arrangements are quick to note, it’s eminently possible that removing obscure provisions of Dodd-Frank just happens to be an issue on which the Kentucky senator and big insurance fortuitously agree.
But what’s lost in all the fuzziness, which Blumenthal and Grim deftly filter out, is that the world Justice Kennedy’s decision created was, by his own admission, supposed to be one in which even the appearance of corruption was negated. Democracy would suffer no harm, Kennedy assured us, by letting “independent” groups like Crossroads GPS or the Kentucky Opportunity Coalition spend at will with precious little regulation. “[I]ndependent expenditures do not lead to, or create the appearance of, quid pro quo corruption,” Kennedy writes in the majority opinion for Citizens United. “That speakers may have influence over or access to elected officials does not mean that those officials are corrupt,” he assures. “And the appearance of influence or access will not cause the electorate to lose faith in this democracy.”
At the time that the ruling was delivered, Kennedy’s faith that access and influence would not corrupt the system was exceeded in curiousness only by his belief that the American people would feel similarly. But as the years have passed, and as studies showing the U.S. to be a donor-run system akin to oligarchy have gone mainstream, his declaration has begun to make a bit more sense. Just so long as “the electorate” is defined as the lobbying industry and its clients, his prediction looks downright clairvoyant. I bet the fine people at the Property Casualty Insurers Association of America — who are probably investing right now in the Jeb Bush-affiliated Right to Rise “social welfare” group — would strongly agree.
By: Elias Isquith, Salon, February 28, 2015
“Netanyahu’s ‘Mr. Security’ Mirage”: If Anything, He Has Done Far More To Damage Israel’s Security Than Strengthen It
Ahead of Israel’s March 17 election, Israeli Prime Minister Benjamin Netanyahu has arrived in Washington on a mission to undermine President Obama’s Iran policy. This, his latest and greatest diplomatic affront, has starkly revealed the degree to which many here have tired of his shtick.
But what may come as a surprise is that Israelis are sick of Bibi too.
Of course, not all feel indigestion at the thought of Netanyahu being reelected next month. But polls show his favorability rating at an all-time low. Meanwhile, the cost of living for the average Israeli has become extraordinarily high — 40 percent of Israelis are unable to make ends meet — and a majority claim socio-economic and social justice issues as their top priority in this election. A majority also say that Netanyahu’s main rival, Labor’s Yitzhak Herzog, is most fit to handle this issue.
Yet, Netanyahu continues to run neck-and-neck with Herzog and his center-left “Zionist Union” alliance. The reason for this is revealed in the same polls that show voters’ distaste for Netanyahu’s handling of the economy: they still trust him most when it comes to security. With his “It’s either me or ISIS” campaign line, Netanyahu has shown that he will stop at nothing to define the election in alarmist terms. Indeed, Israelis have always voted according to this most existential of issues. Assuming they do again, it seems likely that Netanyahu will be Prime Minister for the fourth time.
But the case to be made for Netanyahu as “Mr. Security” is flimsy at best — an assessment consistently put forth by former heads of Israel’s Mossad and Shin Bet intelligence services. If anything, he has done far more to damage Israel’s security than strengthen it.
Netanyahu’s ongoing Congressional speech fiasco is only the most recent example, whereby he has weakened Israeli security on multiple fronts. In choosing to publicly challenge President Obama on his home turf, the Prime Minister has further eroded their personal relationship — a feat that seemed nearly impossible. Polls show that over two-thirds of Americans oppose the speech.
Because of Obama’s unpopularity in Israel, Netanyahu’s perceived “toughness” in standing up to the President may provide short-term political gains at home. But Netanyahu is harming bipartisan support for Israel and alienating young Americans in particular — an ever-more dangerous prospect for Israel’s future.
Even worse for Israel’s security is what Netanyahu seeks to accomplish: undermining any nuclear deal with Iran that could possibly be achieved. The likely result of his success would be a war devastating for Israel, the U.S., and the region — and one that would not prevent Tehran from ultimately getting the bomb. Iran has the technical know-how to build a nuclear weapon, yet it has so far chosen not to. An attack by the U.S. or Israel would likely convince Iranians that possession of nuclear weapons is in their best interest.
Meanwhile, Netanyahu’s record on the Israeli-Palestinian conflict has been a similar disaster for Israel’s security. The ongoing occupation of the West Bank (alongside continued expansion of settlements) and Gaza is far from the only reason for the Palestinian terrorism Israel faces, but it is nonetheless a fundamental factor. Netanyahu has not offered a single initiative to end the conflict. To those proposed by others, such as the Arab Peace Initiative offering Israel full diplomatic relations with most of the Arab and Muslim world, he has never even offered a response.
Instead, Netanyahu now states that Israeli control of the West Bank must continue forever, and his government has made clear that it has no strategic vision beyond management of the status quo.
But Netanyahu has failed to even manage the status quo effectively. He has no strategy for dealing with Hamas — negotiating with them to release hundreds of prisoners one day and fighting a new war against them the next. Before last summer’s conflict, he failed to deal with the vast system of Hamas tunnels, which led to the avoidable deaths of Israeli civilians and IDF soldiers. Further loss of Israeli life was largely prevented by the Iron Dome missile defense system – funded by the same administration Netanyahu continually thumbs his nose at. And his decision to massively bombard civilian areas in Gaza and its horrific consequences hurt Israel’s image abroad and provoked strong criticism from the White House and State Department.
Ultimately, nothing was gained from the war besides a temporary weakening of Hamas, who Israeli military intelligence says is “ready to go [to war] today”. In the meantime, Gaza has sunk further into misery and extremism.
That’s not all. In the immediate wake of the war in Gaza, Netanyahu’s security failures were again on full display in Jerusalem. He declined to prevent right-wing MKs from making provocative visits to the Temple Mount, leading Jordan — one of only two Arab countries with which Israel has a peace treaty — to withdraw its ambassador. Meanwhile, he allowed Israeli settlers to carry out midnight takeovers of houses in Palestinian areas of East Jerusalem, another action that helped fuel months of Palestinian rioting and “lone-wolf” terrorism. Netanyahu has blamed the latter actions on alleged incitement by Palestinian President Mahmoud Abbas, but most Israelis think Netanyahu has done nothing to curb incitement from his own side.
In reality, the only thing Netanyahu has managed to secure is his own political survival. Though his resume is a desert littered with failure, he has managed to create a “Mr. Security” mirage. In a matter of weeks, we will find out if the Israeli public has finally seen through it.
By: Aaron Mann, Outreach and Research Consultant at Americans for Peace Now; The Blog, The Huffington Post, March 2, 2015
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