“Once Imposed, Death Cannot Be Undone”: What Do You Think Now, Justice Scalia?
To the Honorable Antonin G. Scalia, Associate Justice of the Supreme Court of the United States:
Dear Sir:
Twenty-one years ago, your then-colleague, the late Justice Harry Blackmun, wrote what became a famous dissent to a Supreme Court decision not to review a Texas death penalty conviction. In it, Blackmun declared that he had become convinced “the death penalty experiment has failed” and said he considered capital punishment irretrievably unconstitutional.
The death penalty, he wrote, “remains fraught with arbitrariness, discrimination … and mistake. … From this day forward, I no longer shall tinker with the machinery of death.”
You mocked him for this stance in an opinion concurring with the majority, invoking as justification for capital punishment the horrific 1983 case of an 11-year-old girl who was raped then killed by having her panties stuffed down her throat. “How enviable a quiet death by lethal injection,” you wrote, “compared with that!”
A few months later, the very case you had referenced came before the court. Henry Lee McCollum, a mentally disabled man who was on death row in North Carolina after having been convicted of that rape and murder, applied to the court for a review of his case. You were part of the majority that rejected the request without comment.
The demagoguery of your response to Justice Blackmun is pretty standard for proponents of state-sanctioned death. Rather than contend with the many logical and irrefutable arguments against capital punishment, they use a brute-force appeal to emotion. Certain crimes, they say, are so awful, heinous, and vile that they cry out for the ultimate sanction. For you, Sabrina Buie’s rape and murder was one of those, a symbol of why we need the death penalty.
As you have doubtless heard, it now turns out McCollum was innocent of that crime. Last year, he and his also mentally disabled half-brother Leon Brown (who had been serving a life sentence) were exonerated by DNA evidence and set free. A few days ago, McCollum was pardoned by North Carolina Gov. Pat McCrory.
The case against him was never what you’d call ironclad. No physical evidence tied him to the crime. The centerpiece of the prosecution’s case was a confession McCollum, then a 19-year-old said to have the mentality of a child 10 years younger, gave with no lawyer present after five hours of questioning. “I had never been under this much pressure,” he told the News & Observer newspaper in a videotaped death row interview, “with a person hollering at me and threatening me … I just made up a false story so they could let me go home.”
But he didn’t go home for over 30 years. You and your colleagues had a chance to intervene in that injustice and chose not to. Not incidentally, the real culprit avoided accountability all that time.
The argument against the death penalty will never have the visceral, immediate emotionalism of the argument in favor. It does not satisfy that instinctive human need to make somebody pay — now! — when something bad has been done. Rather, it turns on quieter concerns, issues of inherent racial, class, geographic, and gender bias, issues of corner-cutting cops and ineffective counsel, and issues of irrevocability, the fact that, once imposed, death cannot be undone.
Those issues were easy for you to ignore in mocking Blackmun. They are always easy to ignore, right up until the moment they are not. This is one of those moments, sir, and it raises a simple and obvious question to which one would hope you feel honor bound to respond. In 1994, you used this case as a symbol of why we need the death penalty.
What do you think it symbolizes now?
By:Leonard Pitts, Jr., Columnist for The Miami Herald; The National Memo, June 15, 2015
“House Republicans’ Safety Plan For Amtrak”: Videotape The Next Derailment Rather Than Prevent It
Last month, following the derailment of a train in Philadelphia that killed eight people and injured hundreds, Amtrak ordered the installation of inward-facing cameras on locomotives that serve the Northeast Corridor. And on Tuesday, the GOP-controlled House passed a transportation spending bill that provides $9 million for inward-facing cameras in all cabs to record engineers on the job. The funding was added without objection from anyone in either party.
The cameras might have bipartisan support, but what they won’t do is prevent the next train accident. They are only useful when a crash has already happened. “Inward-facing cameras are very important for determining the reason for a crash afterwards,” Tho “Bella” Dinh-Zarr, the vice chairwoman of the National Transportation Safety Board, told a Senate committee Wednesday. And in the meantime, for all the Republican protests that money for rail safety wasn’t an issue in the May derailment, the House’s spending bill denies funding that very well could avert the next disaster.
In all, the transportation funding measure cuts Amtrak’s budget by $242 million from the last fiscal year, and gives Obama $1.3 billion less than he sought for Amtrak grants. By keeping the Federal Railroad Administration’s safety and operations account flat, the bill is “denying resources for additional safety inspectors and other improvements,” according to the administration. “The requested funding for passenger rail service would help bring Amtrak’s Northeast Corridor infrastructure and equipment into a state of good repair.”
David Price, the top Democrat on the House subcommittee that sets annual transportation funding, has also criticized the bill’s cuts: “As we learned from the Amtrak derailment last month in Philadelphia, these cuts can have clear, direct consequences for the safety of our transportation system. … [C]utting funding certainly isn’t making our transportation system safer. How many train derailments or bridge collapses will it take before the majority agrees that we must invest in our crumbling transportation infrastructure?”
Shoddy infrastructure isn’t specifically to blame for the May derailment, but shoddy infrastructure still might be the reason for the next derailment. As industry experts note, U.S. rail has one of the worst safety records in the world because of how little it spends on its rail networks.
When a reporter asked House Speaker John Boehner about Democratic protests over Amtrak funding cuts, he called it a “stupid question.”
“Listen, they started this yesterday: ‘It’s all about funding.’ Well, obviously it’s not about funding—the train was going twice the speed limit,” Boehner said.
But it is about funding.
One concrete way for the government to help improve rail safety with spending would be to provide funding for Postive Train Control—which very well could have prevented the May derailment, as the technology can automatically slow or stop a train in the event of human error. Full implementation of PTC has been delayed for a host of reasons, including the complexity of the technology and syncing it with existing infrastructure. But money has also been an issue, especially for the cash-strapped public commuter agencies that are charged with funding and implementing the system. In their statements, both Obama and Price criticized the GOP for denying federal funding to implement Positive Train Control.
And Robert Lauby, the associate administrator for safety and chief safety officer for the Federal Railroad Administration, said “cost is certainly a factor” during Wednesday’s Senate hearing. “We feel that the federal government has a role in funding this PTC improvement.”
If the funding levels in the House bill become law, that won’t happen for at least another fiscal year. But at least we’ll have the next crash on videotape.
By: Tim Starks, The New Republic, June 10, 2015
“The Enemy Within”: The Koch Brothers, Where Money Equals Freedom And Government Equals Evil
I love a good fight between bad entities, which is why I’m enjoying the brawl that’s taking place between the Koch Brothers and the Republican Party. Too bad they can’t both lose.
The controversy over the effort by libertarian ideologues Charles and David Koch to, in essence, buy the Republican Party provides us an opportunity to once again point out the fundamental malevolence of libertarian ideology. Libertarianism is nothing more than a shameless effort to glorify selfishness, which is why the ideology has such a narrow appeal.
In the libertarian world, the only citizen who has any actual rights is the wealthiest citizen. That citizen can pollute for free, pay people slave wages, put unsafe products on the shelves, and ignore common-sense work safety standards. Local, state and federal governments would, in essence, stand down as the tycoon abuses the population for profit.
This is the sick, dark vision of people like Charles and David Koch–a vision in which money equals freedom and government equals evil. It’s a vision in which being poor and sick means being dead and buried. It’s a vision in which severe economic inequality is considered the natural and logical order, the way things ought to be. It’s an amoral, abhorrent vision.
It was the vision that guided David Koch’s 1980 vice-presidential bid, as Vermont Senator and Democratic Presidential candidate Bernie Sanders noted in April 2014:
In 1980, David Koch ran as the Libertarian Party’s vice-presidential candidate in 1980.
Let’s take a look at the 1980 Libertarian Party platform.
Here are just a few excerpts of the Libertarian Party platform that David Koch ran on in 1980:
“We urge the repeal of federal campaign finance laws, and the immediate abolition of the despotic Federal Election Commission.”
“We favor the abolition of Medicare and Medicaid programs.”
“We oppose any compulsory insurance or tax-supported plan to provide health services, including those which finance abortion services.”
“We also favor the deregulation of the medical insurance industry.”
“We favor the repeal of the fraudulent, virtually bankrupt, and increasingly oppressive Social Security system. Pending that repeal, participation in Social Security should be made voluntary.”
“We propose the abolition of the governmental Postal Service. The present system, in addition to being inefficient, encourages governmental surveillance of private correspondence. Pending abolition, we call for an end to the monopoly system and for allowing free competition in all aspects of postal service.”
“We oppose all personal and corporate income taxation, including capital gains taxes.”
“We support the eventual repeal of all taxation.”
“As an interim measure, all criminal and civil sanctions against tax evasion should be terminated immediately.”
“We support repeal of all laws which impede the ability of any person to find employment, such as minimum wage laws.”
“We advocate the complete separation of education and State. Government schools lead to the indoctrination of children and interfere with the free choice of individuals. Government ownership, operation, regulation, and subsidy of schools and colleges should be ended.”
“We condemn compulsory education laws … and we call for the immediate repeal of such laws.”
“We support the repeal of all taxes on the income or property of private schools, whether profit or non-profit.”
“We support the abolition of the Environmental Protection Agency.”
“We support abolition of the Department of Energy.”
“We call for the dissolution of all government agencies concerned with transportation, including the Department of Transportation.”
“We demand the return of America’s railroad system to private ownership. We call for the privatization of the public roads and national highway system.”
“We specifically oppose laws requiring an individual to buy or use so-called ‘self-protection’ equipment such as safety belts, air bags, or crash helmets.”
“We advocate the abolition of the Federal Aviation Administration.”
“We advocate the abolition of the Food and Drug Administration.”
“We support an end to all subsidies for child-bearing built into our present laws, including all welfare plans and the provision of tax-supported services for children.”
“We oppose all government welfare, relief projects, and ‘aid to the poor’ programs. All these government programs are privacy-invading, paternalistic, demeaning, and inefficient. The proper source of help for such persons is the voluntary efforts of private groups and individuals.”
“We call for the privatization of the inland waterways, and of the distribution system that brings water to industry, agriculture and households.”
“We call for the repeal of the Occupational Safety and Health Act.”
“We call for the abolition of the Consumer Product Safety Commission.”
“We support the repeal of all state usury laws.”
In other words, the agenda of the Koch brothers is not only to defund Obamacare. The agenda of the Koch brothers is to repeal every major piece of legislation that has been signed into law over the past 80 years that has protected the middle class, the elderly, the children, the sick, and the most vulnerable in this country.
Libertarian ideology is nothing less than an existential threat to America’s security, cohesion, safety and health. It seeks to undo the social bonds that tie us together. It wishes to turn rich against poor and powerful against weak. It recognizes no moral code except for that established by the self-serving billionaire.
All of us–progressives, centrists, moderates, even the handful of rational conservatives left–have a moral obligation to fight the cancer of libertarianism and keep it from growing within the body of our democracy; if we don’t fight it, our democracy will soon wind up in hospice care. We must condemn libertarianism as a radical ideology that’s every bit as pernicious as the radical ideologies of the past. We must educate our young people to understand that the end result of Ayn Rand is a social and economic wasteland. We must challenge libertarian ideologues and denounce them for their efforts to destroy the policies that have kept our nation strong since the New Deal. We must, in essence, declare war on libertarian ideology, for it is at war with America’s best values.
Since libertarianism is an assault on our country’s protections and principles, one cannot be both a libertarian and a patriot.
The Kochs have chosen sides.
Which side are you on?
By: D. R. Tucker, Political Animal Blog, The Washington Monthly, June 14, 2015
“A Voter-Fraud Witch Hunt In Kansas”: Voters Could Be Charged With A Felony For Mistakenly Showing Up At The Wrong Polling Place
In fall 2010, Kansas Secretary of State Kris Kobach held a press conference alleging that dead people were voting in the state. He singled out Alfred K. Brewer as a possible zombie voter. There was only one problem: Brewer was very much alive. The Wichita Eagle found the 78-year-old working in his front yard. “I don’t think this is heaven, not when I’m raking leaves,” Brewer said.
Since his election in 2010, Kobach has been the leading crusader behind the myth of voter fraud, making headline-grabbing claims about the prevalence of such fraud with little evidence to back it up. Now he’s about to become a lot more powerful.
On Monday, Kansas Governor Sam Brownback signed a bill giving Kobach’s office the power to prosecute voter-fraud cases if county prosecutors decline to do so and upgrading such charges from misdemeanors to felonies. Voters could be charged with a felony for mistakenly showing up at the wrong polling place. No other secretary of state in the country has such sweeping prosecutorial power, says Dale Ho, director of the ACLU’s Voting Rights Project.
“It means a person and an office with no experience or background in criminal prosecutions is now going to be making a determination of whether there’s probable cause to bring a criminal case against an individual who may have just made a paperwork mistake,” Ho says. “There is a reason why career prosecutors typically handle these cases. They know what they’re doing.”
Kobach claims there are 100 cases of “double voting” from the 2014 election that he wants to prosecute, but there’s been scant evidence of such fraud in Kansas in past elections. From 1997 to 2010, according to The Wichita Eagle, there were only 11 confirmed cases of voter fraud in the state.
Such fraud has been just as rare nationally, even according to Kobach’s own data, noted The Washington Post:
Kansas’ secretary of state examined 84 million votes cast in 22 states to look for duplicate registrants. In the end 14 cases were referred for prosecution, representing 0.00000017 percent of the votes cast.
Kobach says he needs this extraordinary prosecutorial power because county and federal attorneys are not bringing enough voter-fraud cases. But Kansas US Attorney Barry Grissom said last year that Kobach’s office had not referred any cases of voter fraud to his office. “We have received no voter fraud cases from your office in over four and a half years,” Grissom wrote to Kobach.
Kobach has been a leading proponent of his state’s strict voter-ID law, which decreased turnout by 2 percent in 2012, according to the Government Accountability Office, with the state falling from 28th to 36th in voter turnout following its implementation.
He’s also been the driving force behind Kansas’s 2011 proof-of-citizenship law for voter registration, which requires voters to show a birth certificate or passport to participate in the political process. Twenty-five thousand voters had their registrations “suspended” in the 2014 election because of the law; even the right-wing group True the Vote claimed that only 1 percent of the list were verified non-citizens.
Those wrongly on the list included Da Anna Allen, an Air Force vet. She told The Wichita Eagle:
“It just caught me off guard that I was not registered. I served for a week on a jury trial, which basically told me I was a registered voter. I’m a disabled veteran, so it’s particularly frustrating. Why should I have to prove my citizenship when I served in the military?”
After the Supreme Court found that Arizona’s proof-of-citizenship law violated the National Voter Registration Act, Kansas and Arizona instituted a two-tiered voting system, arguing that those who registered through the federal NVRA form could not vote in state or local elections. That system has it roots in the Jim Crow South.
Kobach, who wrote Arizona’s “papers, please” anti-illegal immigration law, alleges “in Kansas, the illegal registration of alien voters has become pervasive.” That defies common sense, as Johnson County District Attorney Steve Howe pointed out. “Why would an illegal alien want to go to vote and draw attention to himself?” Howe asked.
Kobach has asked the Supreme Court to restore the proof-of-citizenship law. The Court will decide on June 25 whether to take the case. If Kobach succeeds, proof-of-citizenship laws will spread to more states, and Kobach’s voter-fraud crusade will become even more influential.
By: Ari Berman, The Nation, June 11, 2015
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