“Rand Paul Vs. Rand Paul On Personhood”: Every Week, Rand Paul Is Selling A New Version Of Rand Paul
There’s one “culture war” issue that seems to cause anxiety for many Republican politicians. Opposing reproductive rights in general and wanting to overturn Roe v. Wade is usually pretty easy for GOP candidates, but support for “personhood” has become something of a third rail. Given recent developments, it’s understandable – personhood measures wouldn’t just ban all abortions, they’d also block common forms of birth control.
And Republicans clearly realize that opposing birth control in the 21st century, when the party is already struggling with the gender gap, isn’t a credible option.
As a result, we see far-right Senate hopefuls like Cory Gardner (R-Colo.), Joni Ernst (R-Iowa), Thom Tillis (R-N.C.), and other ardent personhood supporters suddenly scramble to distance themselves from their previous position. Each of them assume the key to joining the Senate is backing away from an extremist policy like this one.
But let’s not forget that there’s already an enthusiastic personhood supporter in the Senate. Ryan Lizza reports on one of Sen. Rand Paul’s (R-Ky.) most controversial proposals:
In recent Profile of Senator Rand Paul, Dr. John Downing, the Senator’s friend and former medical partner, expressed his worries about Paul’s sponsorship of the Life at Conception Act, also known as the personhood law. The bill would ban abortion and grant the unborn all the legal protections of the Fourteenth Amendment, beginning at “the moment of fertilization.”
To Downing, who is an ardent Paul supporter, this seemed like political madness. Downing said that he believed Paul’s personhood law would make some common forms of birth control illegal, and thus doom Paul’s Presidential hopes. “He’s going to lose half or more of women immediately once they find out what that would do to birth control,” Downing told me.
Part of the Kentucky Republican’s pitch is that he can be a national GOP leader by appealing to young people with his message of limited government. On the other hand, Rand Paul introduced – and has fought aggressively in support of – federal legislation that treats a fertilized egg as a full-fledged human being with constitutional rights, which in turn would prohibit any form of birth control (IUDs, emergency contraception, etc.) that prevents that egg from implanting in a uterine wall.
One assumes many younger voters, most notably women, might have a problem with that, especially coming from a candidate whose raison d’etre is ostensibly opposition to “big government.”
All of which brings us to last week, when Rand Paul seemed to hedge on his own legislative commitment.
American Bridge posted this item last Tuesday.
Paul was asked today in South Carolina about his position on the morning-after pill, and he affirmed his support for it. Which is all good and well, except that he brags about introducing personhood legislation that could make it illegal. He’s consistently been one of the most extreme politicians in Washington when it comes to women’s issues. Just check out this video that he recently scrubbed from his YouTube account.
Now Rand Paul thinks he can lie his way to the middle and twist himself into a candidate with broad appeal. It seems every week, you wake up and Rand Paul is selling a new version of Rand Paul.
Lizza’s report, which noted that religious-right activists were not at all pleased with the senator’s position, added, “Paul, having spent the last few years convincing pro-life activists that he firmly believes that the state should protect fertilized eggs the same way it protects all Americans, now simply shrugs at pro-life concerns over emergency contraception.”
All of which is made worse when one considers how many other issues Rand Paul has changed his mind about, shrugging at other positions he also used to hold dear.
By: Steve Benen, The Maddow Blog, October 9, 2014
“The Larger Context Of Restrictions On Voting”: Making Voting As Difficult And Cumbersome As Possible For The Wrong Kind Of People
Yesterday the Supreme Court issued an order overruling an appeals court decision about a series of voting restrictions passed last year by the state of North Carolina, which will allow the restrictions to remain in place for this year’s election, until the case is ultimately heard by the Court. And in a happy coincidence, on the very same day, the Government Accountability Office released a report finding that voter ID requirements reduce turnout among minorities and young people, precisely those more-Democratic voting groups the requirements are meant to hinder. There’s a context in which to view the battle over voter restrictions that goes beyond whether Republicans are a bunch of meanies, and it has to do with the things parties can change easily and the things they can’t.
I’ll explain exactly what I mean in a moment, but first, the law at issue was passed just weeks after the Supreme Court’s conservative majority gutted the Voting Rights Act, allowing North Carolina and other states to change their voting laws without the Justice Department preclearance that had been required since the 1960s. The N.C. law was basically a grab-bag of everything the Republican legislature and governor could come up with to make voting more difficult and inconvenient, particularly for those groups more likely to vote for Democrats. It included an ID requirement, of course, but also shortened the early voting period, eliminated “pre-registration” (under which 16 and 17-year-olds who would be 18 by election day could register before their birthdays), repealed same-day registration, and mandated that any voter who cast a ballot at the wrong precinct would have their vote tossed in the trash. Every provision was aimed directly at minority voters, young voters, or both.
As I’ve argued before, these kinds of restrictions are almost certainly all going to be upheld by the Supreme Court, because Anthony Kennedy, for all his pleasing evolution on gay rights, is firmly in the conservative camp when it comes to voting rights. That means there will be five votes in favor of almost any hurdle to voting that a GOP-controlled state can devise.
Making voting as difficult and cumbersome as possible for the wrong kind of people is a longstanding conservative project, but it has taken on a particular urgency for the right in recent years, which helps explain why 22 states have passed voting restrictions just since 2010 (and why stuff like this keeps happening). Republicans are doing it because they can, but also because they believe they must.
Both parties approach every election with a set of advantages and disadvantages, some of which are open to change in the short term and some of which aren’t. The last couple of presidential elections, the Democrats had a more capable candidate than the Republicans did; that could be reversed next time or the time after that. The Democrats have policy positions that are on the whole significantly more popular than those of the Republicans, particularly on things like the minimum wage, taxes, and Social Security. While it would be possible for the GOP to change its positions on those issues, it’s a slow process (as they’re now seeing on gay rights), and sometimes it’s impossible.
On the other hand, Republicans have a geographic advantage we’ve discussed before, with their voters spread more efficiently throughout the country, enabling them to keep a grip on a House majority even when more Americans vote for Democratic congressional candidates, as they did in 2012. Their dominance in rural states helps them stay competitive in the undemocratic Senate, where 38 million Californians elect two Democrats, and 600,000 Wyomingers counter with their two Republicans.
There isn’t much Democrats can do about that weight sitting in the right side of the scale, but they have their own structural advantage in the fact that their coalition is a diverse one, including some of the fastest-growing segments of the population, while the Republicans are stuck with a constituency fated to shrink as a proportion of the population. In other words, the GOP’s essential disadvantages lie in the interplay between what they believe and who they are.
One way to make up for those disadvantages is by making changes to the rules to tilt things a little bit back in your favor. Making it harder for some of the other side’s constituencies to vote won’t transform elections in and of itself—and it will often spur a reaction from Democrats as they redouble their GOTV efforts—but it can give that boost of a point or two that in the right circumstances can turn defeat into victory.
Republicans, of course, claim that all these voting restrictions have no partisan intent whatsoever—that they’re just about stopping fraud and maintaining the integrity of the system. Not a single person in either party genuinely believes that’s true (even if Republicans do believe that Democrats try to steal every election, they know that things like ID requirements and shortening early voting don’t touch the biggest locus of actual voter fraud, which is absentee ballots). If it didn’t help Republicans overcome their disadvantages, at least on the margins, you can bet they wouldn’t be pursuing so many voting restrictions with such fervor.
By: Paul Waldman, Contributing Editor, The American Prospect, October 9, 2014
“Ebola And The 41 Million Uninsured Americans”: Political Failure’s That Have Left Americans More Vulnerable To Deadly Diseases
With the first diagnosed case of the deadly Ebola virus in the United States located in Dallas, Texans are understandably alarmed. The patient just died. Gov. Rick Perry has established a taskforce to address the Ebola threat.
Not a bad idea but still a feeble response coming from a governor who refused to expand Medicaid in his state, leaving millions of his people outside the health care system. About 6 million Texans are now walking around without health insurance. That’s almost 1 in 4 residents — the highest rate of uninsured in the country.
Of course, those without health coverage are least likely to have a relationship with a health care professional, someone they could contact about worrisome symptoms. And because vomiting and other signs of Ebola could indicate something far less serious, these mostly low-income people might put off going to a hospital until it’s too late.
But Perry was among the large group of so-called conservative governors deeming it was more important to stick it to President Obama than to broaden health coverage in their states. Not surprisingly, the sharpest drops in the rates of the uninsured are in states that went along with the expansion. The rates remain nearly unchanged in the 23 nonparticipating states.
There was always a humanitarian reason for supporting the Affordable Care Act. Now we are seeing the self-interested reasons, which have been missing in most of the Obamacare debate. Covering all is essential to public health. Even the rich don’t enjoy divine protection from deadly infectious diseases. That the federal government is covering nearly the entire cost of the Medicaid expansion makes the excuses for not joining the program especially ugly.
And this is not just about Ebola. The flu is a communicable disease that typically kills 30,000 Americans a year, mainly the very old, the very young and the frail. Universal coverage can help contain that, as well.
The Ebola scare has overshadowed another frightening virus that has been diagnosed in hundreds of children since August — and that has just claimed the life of a 4-year-old in New Jersey. Enterovirus-68 has been found in 48 states, with significant numbers reported in Colorado, Illinois and Missouri. This respiratory illness, which has been associated with partial paralysis, spreads the same way colds do, through saliva and other bodily fluids.
Controlling these diseases requires early quarantine of those infected, and how are you going to find people who would test positive if they don’t go to a medical facility? Politicians who irresponsibly passed up an opportunity to bring such health services to their people are currently grasping at useless proposals.
Louisiana Gov. Bobby Jindal thinks the answer is to “stop accepting flights from countries that are Ebola stricken.” But what about the two nurses in Madrid who tested positive for the virus after treating a Spanish priest? The priest and one of the nurses have already died of the disease.
Do we stop accepting flights from Spain, which has a pretty good health care system, of course covering everyone? Not unexpectedly, the Texas governor opposes the flight ban idea.
Jindal was inexplicably proud to decline $6 billion in federal money to expand Medicaid coverage in his state. Nearly 900,000 Louisianans currently lack health insurance.
“Expansion would result in 41 percent of Louisiana’s population being enrolled in Medicaid,” Jindal explained at the time. “We should measure success by reducing the number of people on public assistance.”
There are many ways of measuring success in a society, widespread health coverage being one. Instead, we see a political failure that has left Americans more vulnerable to a deadly disease than they had to be. It’s really something.
By: Froma Harrop, The National Memo, October 9, 2014
“Tom Cotton’s Whopper”: A Circular Right-Wing-Bloggers-To-Fox-News-To-Republican-Pols Collective Delusion
I’ve generally operated under the assumption that we’re living in an age where lies, even the most obvious and outrageous of them, need to be challenged or they become tomorrow’s “facts.” So I’m glad TNR’s Danny Vinik went to the Department of Homeland Security and asked about Rep. Duncan Hunter’s claim that Islamic State operatives have been found crossing the U.S.-Mexican border. Hunter says he was told that by unnamed border control agents. DHS says it’s “categorically false, and not supported by any credible intelligence or the facts on the ground.” That’s bureaucratese for “Hunter either made this stuff up or relied on uninformed Border Patrol gossip.”
But sometimes this stuff seems to just sponteneously spring up because it’s politically convenient. Greg Sargent went to some trouble to track down the sources for Tom Cotton’s rather audacious claim that IS is working with Mexican drug cartels to pose an imminent threat to Arkansas (yes, Arkansas), and found it was all sort of a circular right-wing-bloggers-to-Fox-News-to-Republican-pols collective delusion. But every time it’s repeated there’s a new “source.”
Now you can say this is just politics as usual. But let’s remember Tom Cotton is the subject of massive national GOP adulatory hype. If he wins in November, he’ll immediately be the subject of presidential speculation, if not for 2016 then soon down the road. As Charlie Pierce says, we have an obligation to “nip the career of young Tom Cotton in the bud before he does real damage to the country.” He’s already doing real damage to the truth when it comes to understanding actual terrorist threats.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, October 8, 2014
“Who Are The Judicial Activists Now?”: People Like Ted Cruz Will Never Stop Screaming Judicial Activism
As is regularly the case in American politics, you have to hand it to Ted Cruz: His reaction to the Supreme Court’s order on same-sex marriage was the best one I came across Monday for sheer outrage-iness. “Judicial activism at its worst!” he thundered (okay, the exclamation point is mine). This, remember, in response to an inaction. The Court did exactly nothing. And now that’s judicial activism.
In fact, the Court took a pass, one presumes, because there weren’t two circuit-court decisions before it that presented conflicting legal interpretations of statute. In the absence of such a conflict, the Court did exactly what most experts I’ve read and spoken to over the last few months predicted it would do. But to Cruz, it’s “astonishing.” Ditto that the Court acted (or in-acted) “without providing any explanation whatsoever.” Which it never does in such instances, but never mind.
People like Cruz will never stop screaming judicial activism. No, wait: They will stop screaming judicial activism, at least on the question of same-sex marriage; and they will stop doing so sooner rater than later. This will constitute a major victory for the forces of light, one very much worth marking and thinking back over.
Ever since, well, Brown v. Board of Education, and probably before, conservatives have complained about judges making law against the will of the majority of voters. The critique extends into nearly every little crevice and lacuna of our civic life. Roe v. Wade was legislating from the bench; affirmative action; of course taking God out of the classroom; but basically anything any court did that conservatives didn’t approve of.
And let’s admit it—on at least the abstract level, the complaint has often had merit. I mean, there can be little doubt that public opinion in Dixie in 1954 opposed the integration of the schools. So the Court of 1954 was indeed making law from the bench. And thank God for it, since the problem is that public opinion was wrong. Not just wrong like “I think I’m not putting enough salt in my grits” wrong, but immorally wrong. What’s a court to do in such a case? Many forests have been sacrificed so that various scholars could take up this question, but the answer is really quite short and simple: The right thing.
And so liberalism has lived now with decades of such criticisms from conservatives, with the understanding that it’s far better to have won the right in question from a court than not to have won it at all—and the understanding that out there in America, yes, the backlash against these judges and the policies that grew from their decisions was probably brewing.
But same-sex marriage is different for two reasons. First, the amazing and oft-commented upon speed at which public opinion has flipped. And second, the fact that if the legal consensus can be said to be coming down on one side or the other, it’s clearly coming down on the side of same-sexers having the same constitutional matrimonial rights that the rest of us have. When federal judges in Oklahoma and Utah say it, it ain’t judicial activism, folks. It’s, you know, the more-or-less-impossible-to-deny law.
So the process by which same-sex marriage has advanced in this country hasn’t been overwhelmingly judicial at all. Until the Court’s announcement Monday, in fact, the tally was that gay marriage became legal by court decision in 13 states, and by the will of the people in 11 (legislative action in eight, popular referendum in three). And in most of the states where the change happened through the courts, the issue is decreasing in controversy, and public opinion is coming along.
You may remember that Iowa was the first unexpected heartland state where the state Supreme Court made gay marriage legal, back in 2009. It’s true that three judges who so ruled were removed from the bench in judicial retention elections in 2010. But by 2012, when the “values” crowd went after a fourth, they walked away scalpless: Judge David Wiggins retained his seat by a landslide 10-point margin. The temperature had cooled. Today, polling shows that public opinion in the state is still divided on same-sex marriage but is firmly against any kind of state constitutional amendment that would ban the practice.
So now, after what the Court did Monday, same-sex marriage is going to extend into 11 new states. It seems fair to say that majorities are against gay marriage in most of these states (the aforementioned Utah and Oklahoma, plus Kansas, Indiana, West Virginia, and the Carolinas). We’re going to see the usual skirmishes and hear the predictable sound bites. In political terms, if you’re a liberal who wants to read the tea leaves, keep an eye trained on the North Carolina Senate race.
Incumbent Democrat Kay Hagan is steadily but narrowly leading GOP challenger Thom Tillis. Hagan backs same-sex marriage. But the state voted overwhelmingly against it two years ago in a referendum. And now, as a part of the Fourth Judicial Circuit, North Carolina is about to have the sinful practice foisted on it. Public opinion in the state still runs strongly against same-sex marriage. I think we can reasonably expect Tillis to double down on the issue, and it would be horrible to see Hagan lose because of it.
It’ll take time in these states, but the same thing will happen in them as is happening in Iowa. People will adjust. Gay couples will marry. Straight couples will see that their own marriages were somehow not sullied after all.
This is the core dilemma for conservatives on same-sex marriage: The more widespread its practice, the more accepted it becomes. This is the exact opposite of abortion and affirmative action, two red-hot issues on which the right has used the “judicial activism” charge to great effect in recent history. If you think abortion is murder, then the more widespread its practice, the more aghast you are. If you oppose racial preferences, then ditto. But that isn’t how same-sex marriage works. It takes nothing away from heterosexual couples, or for that matter anyone.
Eventually, the Supreme Court will rule 5-4 (with Kennedy) or maybe even 6-3 (with Roberts—not completely impossible) in favor of gay marriage, because the law is clear, and because the Court isn’t going to tell many thousands of married couples in 30 states that they’re suddenly not married. Judicial activism? No. Just the right thing. The judicial activists will be those, led by their godhead Scalia, who will try to invent new ways to march backwards while pretending that they themselves aren’t trying to dictate morality from the bench. And the charge of judicial activism, which hurt liberalism because it resonated with a resentment that millions of average Americans felt, will lose its sting soon enough.
By: Michael Tomasky, The Daily Beast, October 7, 2014