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“Good Old Conservative Days Fading?”: Regardless of Republican Obstruction, The Supreme Court Is Already Changing

If Republicans have their way, it might be a long time before another Supreme Court Justice joins the bench. But Dahlia Lithwick documents all the ways the Court is already changing in the short time since Antonin Scalia’s death in an article titled: The Conservative Era is Over.

* As she wrote previously, the women took over during oral arguments on an abortion case.

* A unanimous order affirming the right of same-sex partners to adopt children and the tossing of a death penalty conviction in Louisiana.

* “Friday’s unsigned order allowing several abortion clinics in Louisiana to reopen their doors, following an emergency decision from the 5th U.S. Circuit Court of Appeals that would have shuttered all but one clinic in that state.”

* Embattled Justices Thomas and Alito have formed an alliance of two as a bulwark against “the path set out by their six colleagues.”

* There’s also “a growing sense among conservative interest groups and litigation shops that the good times and rich bounty of the old Roberts court are no longer on offer and that it may be better to cut and run than stick around and lose.” That includes a recent settlement by Dow Chemical in their major anti-trust appeal and the fact that a key gun rights group opted to drop its challenge to Gov. Andrew Cuomo’s SAFE Act.

Lithwick draws this conclusion from what she’s seen so far:

Expect a lot more weirdness and subtle signaling from the court as the term rolls on. An institution that never wished to be an election issue has become one. What might have once been routine orders have now turned into a complex game of reputation management. Whether it’s the chief justice trying to appear apolitical, the conservative justices trying to fly the flag of ideology, or the liberals making hay while the sun briefly shines, nothing at the court these days is exactly what it appears to be, and it appears it will be that way for a while.

As public pressure on Republican Senators ramps up against their obstruction strategy and the prospect of Donald Trump as the party’s presidential nominee portends the potential loss of their Senate majority, it will be increasingly difficult for Republicans to justify their position. If the trends Lithwick identified continue, you can add to that the specter of an increasingly liberalized Supreme Court.

 

By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, March 9, 2016

March 10, 2016 Posted by | Conservatives, GOP Obstructionism, U. S. Supreme Court | , , , , , , , | 1 Comment

“Not A Single Senate Endorsement: Even Now, Senate Republicans Still Don’t Like Ted Cruz

When it comes to endorsements from Senate Republicans, the current tally has to sting a little for Ted Cruz. Aside from the two sitting GOP senators who are still in the race, there are 52 Republicans in the chamber – 14 of them have backed Marco Rubio, while Donald Trump and John Kasich have just one endorsement each.

Ted Cruz, who’s worked alongside his Republican colleagues for a few years, has zero.

Shortly before the Iowa caucuses, Trump made this dynamic a part of his message. “Think about it, not endorsed by one United States Senator and he works with them every day,” Trump said of Cruz. He added, “Not one Republican senator. How do you do that? How do you run a country that way? … The guy doesn’t have any endorsements.”

Yesterday, however, National Review published a report that captured quite a bit of attention, noting that the endorsement race would soon be jolted.

With the prospect of Donald Trump’s nomination looming over the GOP, Cruz is set to unveil endorsements from more than four senators this week, according to a source with knowledge of the situation.

This, naturally, prompted quite a bit of chatter about which Senate Republicans would back Cruz and what effect it’d have on the race. Late yesterday, however, National Review updated its piece:

An earlier post stated that Ted Cruz’s presidential campaign was set to unveil a series of endorsements from Cruz’s fellow senators. The report was erroneous. As of this writing, the campaign has no pending Senate endorsements to announce.

As of this morning, National Review has revised the piece once again.

With the prospect of Donald Trump’s nomination looming over the GOP, Cruz is set to unveil a slew of endorsements – at least one from a Senate colleague – as early as this week, according to a source with knowledge of the situation.

Whether or not the piece will be updated again is anyone’s guess, but as of this minute, that’s what it says.

For what it’s worth, the actual answer to the question about Cruz’s Senate support is more than just trivia. It’s no secret that Senate Republicans detest their Texas colleague – Lindsey Graham recently joked, “If you killed Ted Cruz on the floor of the Senate, and the trial was in the Senate, nobody would convict you” – and they’ve directed their endorsements elsewhere for a reason.

If, however, GOP senators started to see Cruz as a credible, competitive rival to Donald Trump, and they started endorsing him at this key point in the race, it would send a powerful signal about the direction of the overall race and the steps the party might be willing to take to derail their own frontrunner.

As things stand, yesterday’s reporting about Cruz’s sudden popularity among his own colleagues was apparently wrong. Senate Republicans still hate Trump, but as it turns out, they still hate Cruz, too.

 

By: Steve Benen, The Maddow Blog, March 8, 2016

March 9, 2016 Posted by | Conservatives, GOP Presidential Candidates, Senate Republicans | , , , , , | 1 Comment

“Cuddling Up To Criminals”: Criminal-Justice Reform At CPAC

Attendees wait in line to vote in the presidential straw poll at the American Conservative Union’s CPAC conference at National Harbor in Oxon Hill, Maryland, on Thursday, March 3, 2016.

On Thursday, conservatives of all stripes descended on the Gaylord National Convention Center at the National Harbor in Maryland, just a few miles south of Washington, D.C. In recent years, the annual Conservative Political Action Conference has featured presentations on topics ranging from the future of the Republican Party to voter engagement to criminal-justice reform, which lately has gained support from the right side of the aisle.

This year’s panel on criminal-justice reform featured a debate pitting reformers Pat Nolan of the American Conservative Union and Ken Cuccinelli, the former attorney general of Virginia, against lock-’em-up apostle David Clarke, the sheriff of Milwaukee County, Wisconsin, who’d famously compared Black Lives Matter protesters to ISIS terrorists.

“Folks,” Clarke began, “you’re not being told the truth when it comes to this criminal-justice reform and sentencing reform.” Clarke went on to tout the policies from the tough-on-crime era. “This led to record low numbers of crime, violent crimes, in your communities,” he said.

For conservatives who favor reducing the prison population, a popular talking point has to do with costs. The United States spends approximately $80 billion each year keeping people behind bars. For those fond of fiscal conservatism, that’s just more government spending that can be cut.

But Clarke dismissed the idea in his opening remarks. “All this is going to do, at best, is shift the cost from the federal government down to the state level,” he said. Citing high recidivism rates, he argued that re-offenders would be put into state prisons, forcing states to incur the costs. Of course, the overwhelming majority of prisoners are in state, not federal, prisons to begin with, so cost-shifting from the federal to the state level isn’t really an issue in the criminal-justice reform discussion—not that Clarke seemed to understand that.

Cuccinelli, who is a part of of the Right on Crime initiative—a campaign for conservative solutions to criminal justice—sang a different tune. “Over the last ten years, [Texas] has reduced both their budget for prisons and their crime rate by double digit percentages,” he said.

“It’s not the Californias and the New Yorks of the world, it’s the Texases, the Georgias, the Dakotas,” that are reforming their criminal-justice systems, he said—even though Texas and Georgia are in the top ten states with the highest incarcerations rates.

Nolan delivered a semi-impassioned defense of why the government should only prosecute certain crimes like rape, murder, and robbery and should target major drug traffickers as opposed to street dealers. Clarke interrupted him to demonstrate why nonviolent drug offenders deserve to be in prison for as long as possible.

“If you’re a struggling mom living in a slum or a ghetto in a city in the United States of America,” Clarke said, “and you’re doing everything that you can to keep your kid away from that dope dealer standing on the corner who’s out there every day … do you know that to get that guy off the street for as long as we can be allowed by law is a big deal for her?”

Though Nolan and Cuccinelli continued to make the case for shorter sentences for certain crimes as well as ways to reduce prison spending—a case that other Republican legislators are making as well—Clarke made clear that there was plenty of pushback from other conservatives. He name-checked four Republican senators who agree with him on the need to stick with the status quo. “Tom Cotton is right on this. Jeff Sessions is right on this. Orrin Hatch is right on this. Ted Cruz is right on opposing this Trojan horse.”

“I find it unfathomable that we would cede this [issue] back over to the left and to the Democrats,” said Clarke, “by cuddling up to criminals.”

 

By: Nathalie Baptiste, The American Prospect, March 4, 2016

March 7, 2016 Posted by | Conservatives, CPAC, Criminal Justice Reform | , , , , , , , | Leave a comment

“Can Newt Gingrich Save the GOP?”: He’s Trying To Play Peacemaker Between Republicans And The Trump Campaign

The Republican Party’s establishment is slowly coming to terms with a tough reality: Donald Trump will be the nominee, and resistance is futile.

Newt Gingrich is the latest party elder to try and normalize the ever-increasing possibility of a Trump presidency, visiting with top GOP lawmakers on Capitol Hill earlier this week to pave the way for a future working relationship.

“The time is coming when you’ve got to put the party back together,” Gingrich told The Daily Beast.

Asked whether he was meeting with GOP leaders about Trump, Gingrich indicated it was more of a casual conversation—but confirmed that he has spoken with party leadership about starting the healing process—no matter which of the four candidates end up winning the nomination.

Behind the scenes, however, Gingrich’s outreach is more obvious. None of the other remaining Republican nominees would require the kind of healing that a Trump presidency would demand.

“Newt has been on the Hill sharing his views on how Congress could work with a Trump administration,” a Republican leadership aide told The Daily Beast. “Gingrich is trying to legitimize Trump while Mitt Romney and others are out there saying he’s terrible. Gingrich is saying that Trump’s positions are valid—he’s trying to add legitimacy to Trump while everyone else is doing the opposite.”

Gingrich visited Capitol Hill on Wednesday to sit down with Speaker Ryan and hold a Facebook Q&A. Just the day before, Gingrich waxed poetic about Trump’s “seriousness” and “shift toward inclusiveness” following the Super Tuesday primaries.

Trump’s shift toward inclusiveness, team effort and unity was vitally important. He has to build a Reagan like inclusiveness to win this fall

— Newt Gingrich (@newtgingrich) March 2, 2016

Trump’s decision to hold a serious press conference instead of a campaign speech was masterful and a great contrast to Cruz and Rubio.

— Newt Gingrich (@newtgingrich) March 2, 2016

During one meeting, a leadership aide said, Gingrich said he had been in quiet talks with the Trump campaign.

But Gingrich has stopped “short of endorsing Trump publicly because he knows it’s not the right way to win over conservatives who are alarmed by Trump’s policy positions and rhetoric,” said the aide.

Publicly Gingrich has walked a fine line: praising Trump without quite endorsing him.

“He is a man totally unique. He lives life at a 100 percent pace. I have never seen anything like it,” Gingrich cooed on Fox News Thursday evening. “If he becomes president, there is going to be a wall.”

The former House speaker added, “I don’t mind people saying, ‘I don’t want Trump.’ I mind people saying, ‘I’ll never vote for him.’ I think faced with Hillary [Clinton] as an alternative, that’s a very dangerous position.”

Trump was right to skip CPAC. The votes are in Kansas not Washington. Why give the anti-trump activists a target

— Newt Gingrich (@newtgingrich) March 4, 2016

Gingrich is hardly the only Republican leader, in recent weeks, to make peace with the idea of Donald Trump as the party’s nominee.

“There is so much at stake… however you disagree with Cruz or Rubio or Trump, the moderate Republican Party is going to coalesce against Hillary. She’s the uniter not a divider, she’s going to unite the Republican Party,” Grover Norquist, the anti-tax crusader, told The Daily Beast. “There were a number of significant Republicans who came out against Goldwater, there were people that talked about doing this against Reagan, but I don’t know that anybody significant did it after the primary.”

 

By: Jackie Kucinich and Tim Mak, The Daily Beast, March 4, 2016

March 6, 2016 Posted by | Conservatives, Donald Trump, Establishment Republicans, Newt Gingrich | , , , , , , , , | 3 Comments

“The Threat He Embodies”: Against Fascism; For Honest Conservatives, The Only Answer Is #NeverTrump

From his opening slur against Mexicans to his current coddling of the Ku Klux Klan, Donald Trump has shaped the Republican presidential race into a character test for conservatives. For months too many of the country’s most prominent figures on the right have failed to respond adequately to the threat he embodies. Yet now, as Trump seems favored to clinch the GOP nomination, a growing cohort of principled Republicans is forthrightly proclaiming #NeverTrump – and placing country and Constitution above narrow partisanship.

It may be too late to save the Grand Old Party from the extremist contamination that Trump represents, but it is never too late to stand on principle.

Many Republicans have opposed Trump all along, of course, while supporting one or another alternative on the party’s overcrowded debate stage. The casino mogul was too vulgar, too inexperienced, too empty, too populist, or simply too compromised by his long record of contradictory political positions and alliances. Back when all of the Republican presidential candidates signed that pledge to support the eventual nominee, however, uniting the party behind Trump still seemed possible. They didn’t trust him, but they might have supported him anyway in order to win back the White House.

That tempting path is no longer open for any honorable conservative – and fortunately for America, there seems to be quite an assortment of them, including Senator Ben Sasse (R-NE), Washington Post columnist Jennifer Rubin, RedState editor Erick Erickson, MSNBC host Joe Scarborough, and Iowa radio personality Steve Deace. Although they held varying opinions of Trump until recently, they agree today that his appeals to bigotry, his despotic attitudes, and his coziness with white supremacists and neo-Nazis are — as Scarborough put it — “disqualifying” for his presidential candidacy.

And while others like Ann Coulter, Mike Huckabee, New Jersey Governor Chris Christie, Senator Jeff Sessions (R-AL), and radio host Hugh Hewitt still promote Trump, to their eternal disgrace, the #NeverTrump conservatives have vowed not to support or vote for him under any circumstances.

Nobody should discount how difficult that stance must be for committed Republicans, especially given the strong likelihood that Hillary Clinton will secure the Democratic nomination. Not a few of them sincerely despise her (and none of them would be thrilled with a President Bernie Sanders, either). Nevertheless they appear to realize that Trump is in a wholly different category from any normal partisan or ideological foe. There is more at stake than a single election, even an election as significant as this one.

It is fair to wonder why so many conservatives didn’t seem to comprehend Trump’s toxic essence from the moment he brayed about Mexican “rapists” in his rambling announcement speech. For too long, right-wing pundits and politicians seemed much more disturbed by his past positions on healthcare, abortion, and guns than his current appeals to racism, xenophobia, and violence. Even last January, when the National Review devoted an entire issue to essays scourging Trump, most contributors worried about his issue positions and electability rather than his demagogic contempt for American values.

Unfortunately, the Republican Party and the conservative movement have not yet confronted the profound problems that Trump did not cause but merely symbolizes. His rise can be traced to the racial undercurrent in the Tea Party movement, the segregationist legacy of Jesse Helms and Strom Thurmond, the Willie Horton tactics used by George H.W. Bush, and the Southern strategy deployed by Richard Nixon – indeed, the whole long history of ugliness not just tolerated but often celebrated on the right. Combined with the coarse, vacuous culture epitomized by Fox News and encouraged by the right’s leading intellectuals, that tainted history made someone like Trump almost inevitable.

Whether the party of Abraham Lincoln can be preserved and rehabilitated in the aftermath of a Trump nomination remains to be seen. For conservatives determined to rescue their movement and their party from fascist perdition, the way forward is clear if painful. Author and journalist Max Boot — who was among the first conservatives to reject Trump for the right reasons — addressed the depth of their dilemma with refreshing candor.

“I’m a lifelong Republican,” he reflected on Twitter the other day, “but [the] Trump surge proves that every bad thing Democrats have ever said about GOP is basically true.” Bitter as it is, that verdict may signal the possibility of real reform someday.

 

By: Joe Conason, Editor in Chief, Editor’s Blog, The National Memo, March 1, 2016

March 2, 2016 Posted by | Conservatives, Donald Trump, Fascism, GOP Primaries | , , , , , , , , | 1 Comment