“The Tone Ain’t The Problem”: The GOP’s Woman Problem Is The GOP
Tuesday night was supposed to be another big step in the Republican rebranding, but it didn’t really turn out that way. Florida Sen. Marco Rubio proved more Aqua- than Superman. And Kentucky Sen. Rand Paul, the dark horse darling, turned into something of a snooze inducing sleep sheep.
But maybe GOP-ers can take solace from this: it doesn’t really matter. Because what Rubio and Paul did mere hours before their respective turns on the national stage likely did more long-term damage to the GOP brand than any speech could fix.
Our story starts all the way back in 1993. That’s when the Senate Judiciary Committee, under the leadership of then-senator Joe Biden, issued a report showing that women were disproportionately falling victim to some heinous crimes, crimes that were also less likely to be successfully prosecuted. In other words, if you robbed someone you were more likely to face punishment than if you raped them.
This, understandably, caused some pause. How could our criminal justice system be serving women so poorly? And what could be done to fix it?
One option was to continue to work at the state level to make things better, and that’s what some people did. But others looked at the years leading up to the Biden report and recognized that states had been doing the best they could to stop violent crimes against women for decades and their best wasn’t enough. That helped pave the way for federal engagement: the Violence Against Women Act, also known as VAWA. It’s been on the books for 20 years now.
Two days ago, 22 Republican senators decided that was a mistake. And it wasn’t just any group of 22—it featured many of the party’s leading lights: the presidential frontrunner, Rubio; his Tea Party rival Paul; two other Republicans who’ve occupied an increasing share of the national stage: Ted Cruz of Texas and Ron Johnson of Wisconsin; the Senate minority leader, Mitch McConnell of Kentucky; and the immediate past head of the National Republican Senatorial Committee, John Cornyn. They all voted against reauthorizing the law.
Why? Well, they offered all sorts of reasons, but most seemed aimed at the same place: the bill was an overreach. It made the definition of domestic violence too broad. It trampled the rights of defendants. It was doing something best left to the states.
If you think it unusual to hear some of these arguments coming out of the mouths of conservatives, you’re right. Under ordinary circumstances, it’s conservatives who prefer the sledgehammer approach to criminal justice, but here they say that’s the problem. And its conservatives who for decades have done more than anyone else to gut the due process rights of defendants. But now they rally to the cause of those accused of domestic violence? That’s quite a thing.
And sure, we hear the 10th Amendment argument raised just about every time a conservative wants the federal government to stop doing something. But here’s a news bulletin: the reason the Violence Against Women Act came into being in the first place was because the states weren’t getting it done. The 10th Amendment isn’t like putting on ruby slippers. Invoking it over and over again doesn’t make the federal government go away.
In any case, it’s hard not to see something a little less grandiose than constitutional scholarship underlying the Republican efforts. In the Heritage Foundation’s one pager urging a no vote, its authors warn that provisions of the bill will “increase fraud and false allegations [of abuse], for which there is no legal recourse”, and that “Under VAWA, men effectively lose their constitutional rights to due process, presumption of innocence, equal treatment under the law, the right to a fair trial and to confront one’s accusers, the right to bear arms, and all custody/visitation rights.” The bill is intended to protect women from deadly harm, but its pretty evident who the Heritage Foundation is preoccupied with protecting.
Think that’s an unfair characterization? Maybe. But this is a party whose right wing has found reason to oppose equal pay for women; which questioned whether Hilary Clinton was faking an emotional response at the Benghazi hearing; which raised objections to women serving equally in the military; and which seems to have developed a fetish for transvaginal ultrasound. Etc.
Now, to be sure, there were 23 Republicans in the Senate who found it within themselves to set aside whatever convoluted ideological calculations swept up their brethren, and voted yes on Tuesday. And that’s a good thing. But for the party that lost women in the last election by double digits, it’s hardly enough.
If Republicans really want to become more appealing to more of the electorate, here’s some advice: The tone ain’t great, but the tone ain’t the problem. When so many of your party leaders believe what these guys do, to mangle a phrase from James Carville, it’s the you, stupid. You’re the problem.
And you might want to try and fix that first.
By: Anson Kaye, U. S. News and World Report, February 14, 2013
“Remember The Naysayers”: Senate Passes Expanded Violence Against Women Act
The Senate voted overwhelmingly Tuesday afternoon to pass legislation reauthorizing the Violence Against Women Act with expanded protections for gays, undocumented immigrants and Native American women who suffer from domestic abuse.
The final vote was 78-22. All Democrats and 23 Republicans voted for final passage. The bill now heads to the House, where GOP leaders are resisting some of its provisions.
“Today the Senate passed a strong bipartisan bill to reauthorize and strengthen the Violence Against Women Act,” President Obama said in a statement. “The bill passed by the Senate will help reduce homicides that occur from domestic violence, improve the criminal justice response to rape and sexual assault, address the high rates of dating violence experienced by young women, and provide justice to the most vulnerable among us. I want to thank Senator Leahy and his colleagues from both sides of the aisle for the leadership they have shown on behalf of victims of abuse. It’s now time for the House to follow suit and send this bill to my desk so that I can sign it into law.”
The 22 Republicans who voted against it were Sens. John Barrasso (WY), Roy Blunt (MO), John Boozman (AR), Tom Coburn (OK), John Cornyn (TX), Ted Cruz (TX), Mike Enzi (WY), Lindsey Graham (SC), Chuck Grassley (IA), Orrin Hatch (UT), James Inhofe (OK), Mike Johanns (NE), Ron Johnson (WI), Mike Lee (UT), Mitch McConnell (KY), Rand Paul (KY), Jim Risch (ID), Pat Roberts (KS), Marco Rubio (FL), Tim Scott (SC), Jeff Sessions (AL) and John Thune (SD).
The Senate rejected Republican-sponsored amendments to replace the bill with a scaled-back reauthorization and to eliminate a provision permitting Native American courts to try non-Native Americans accused of domestic abuse on tribal lands, which many Republicans say is unconstitutional because it would limit recourse for the accused in U.S. courts.
“Unfortunately, I could not support the final, entire legislation that contains new provisions that could have potentially adverse consequences,” Rubio said in a statement, voicing concerns with the makeup of funding for some of the VAWA programs. “Additionally, I have concerns regarding the conferring of criminal jurisdiction to some Indian tribal governments over all persons in Indian country, including non-Indians.”
The legislation also adopted an amendment by VAWA’s chief sponsor, Sen. Patrick Leahy (D-VT), providing law enforcement more tools to combat human trafficking (by a 93-5 vote), and another by Sen. Rob Portman (R-OH) to make sure child victims of sex trafficking are eligible to receive grant assistance (by a 100-0 vote).
VAWA expired in 2011 but has continued to receive funding through the appropriations process. Last authorized in 2005, law enforcement believes it needs to be streamlined. Last year the reauthroization fell prey to House Republican resistance to the expanded provisions. The broad, bipartisan passage of the reauthorization through the Senate now increases the pressure on House GOP leaders to act.
Republican leaders are again facing pressure from within their ranks to act. A letter sent Monday night and signed by 17 House GOP lawmakers nudges Speaker John Boehner (R-OH) and House Majority Leader Eric Cantor (R-VA) in the Senate’s direction, twice calling for a bipartisan bill. The House GOP’s version last year passed on a party-line vote.
“Now is the time to seek bipartisan compromise on the reauthorization of these programs. … We believe a bipartisan plan to reauthorize VAWA is more important than ever,” wrote Republican Reps. Rodney Davis (IL), Charlie Dent (PA), Rodney Frelinghuysen (NJ), Mike Fitzpatrick (PA), Jim Gerlach (PA), Chris Gibson (NY), Michael Grimm (NY), Richard Hanna (NY), David Joyce (OH), Leonard Lance (NJ), Frank LoBiondo (NJ), Patrick Meehan (PA), Shelly Moore-Capito (WV), Tom Reed (NY), Dave Reichert (WA), Jon Runyan (NJ) and Lee Terry (NE).
After the vote, Leahy and other key Democratic senators called on House Republicans to move speedily on the legislation. They said they’re proud to have held their ground on LGBT, immigrant and tribal provisions, saying all victims should be treated equally.
Although House Republicans dislike provisions covering LGBT and illegal-immigrant victims, their primary area of discomfort with the Senate bill is the tribal lands provision. Senior House GOP aides declined to comment, but top Republicans, led by Cantor, are leaning toward a middle path that provides legal recourse for those charged with domestic abuse in Native American courts by allowing them to appeal to U.S. courts.
Leahy declined to speculate on whether that compromise would be acceptable, saying the House should pass its legislation and the two chambers can then resolve their differences.
“[J]ust like last Congress, we all know it will take leadership from Speaker Boehner and Leader Cantor to move this bill forward,” Sen. Patty Murray (D-WA) told TPM. “The fate of VAWA still lies squarely on their shoulders and too many women have been left vulnerable while they have played politics.”
By: Sahil Kapur, Talking Points Memo, February 12, 2013
“Radical Views”: Republican Senators Who Think The Violence Against Women Act Is Unconstitutional
Since then-Delaware Senator Joe Biden first authored the law in 1994, the Violence Against Women Act (VAWA) has earned bipartisan praise for providing vital protections against domestic violence and assistance to victims. But of the eight Senators — all Republicans — who voted Monday against even considering VAWA renewal, at least four apparently did so because they believe the bill is unconstitutional.
Several of these senators have expressed similarly radical views about the constitutional role of the federal government in other contexts. Sen. Mike Lee’s (R-UT) claimed that national child labor laws, Social Security and Medicare violate the Tenth Amendment, for example; and Sen. Ted Cruz (R-TX) once led a Tenth Amendment project at a conservative think tank and co-authored a paper proposing an unconstitutional process to nullify the Affordable Care Act. The four senators who claim that the Violence Against Women Act is unconstitutional are:
1. Sen. Jim Risch (R-ID): In a statement, Risch explained: “It is at the state and local level where I believe enforcement and prosecution must remain. The federal government does not need to add another layer of bureaucracy to acts of violence that are being handled at the state and local level. In addition to my 10th Amendment concerns, this legislation raises additional constitutional questions regarding double jeopardy and due process. I opposed this legislation, however well intended it was, because it is another effort of the federal government extending its reach into the affairs of state and local jurisdictions.”
2. Sen. Rand Paul (R-KY): In a 2012 letter explaining his opposition to last year’s VAWA re-authorization attempt, Paul wrote: “Under our Constitution, states are given the responsibility for prosecution of those violent crimes. They don’t need Washington telling them how to provide services and prosecute criminals in these cases. Under the Constitution, states are responsible for enacting and enforcing criminal law. As written, S. 1925 muddles the lines between federal, state, local and tribal law enforcement.”
3. Sen. Mike Lee (R-UT): In 2012, Lee claimed VAWA “oversteps the Constitution’s rightful limits on federal power. Violent crimes are regulated and enforced almost exclusively by state governments. In fact, domestic violence is one of the few activities that the Supreme Court of the United States has specifically said Congress may not regulate under the Commerce Clause. As a matter of constitutional policy, Congress should not seek to impose rules and standards as conditions for federal funding in areas where the federal government lacks constitutional authority to regulate directly.”
4. Sen. Ted Cruz (R-TX): A Cruz spokeswoman told ThinkProgress: “For many years, Senator Cruz has worked in law enforcement, helping lead the fight to ensure that violent criminals—and especially sexual predators who target women and children—should face the very strictest punishment. However, stopping and punishing violent criminals is primarily a state responsibility, and the federal government does not need to be dictating state criminal law.” While the statement does not explicitly call VAWA unconstitutional, his previous comments leave little doubt that that is what he means.
These senators’ apparent belief that the federal government cannot constitutionally play a role in preventing violence against women is not even shared by most Republican members of Congress. 216 House Republicans agreed just last year that the Constitution does not prohibit a version of the Violence Against Women Act. The Supreme Court did strike down one piece of VAWA in 2000, but it left most of the law intact.
While the other four Senators who voted against the “motion to proceed” did not respond to a request for an explanation of their votes, Sen. Tim Scott (R) voted for the watered-down House version of VAWA last year and Sen. Marco Rubio (R-FL) claims he supports a scaled-back version of the legislation.
By: Josh Israel, Think Progress, February 2, 2013
“Legitimate Rape” Rarely Causes Pregnancy: GOP Senate Candidate Todd Akin Elevates Conservative Stupidity
Rep. Todd Akin, the newly-christened GOP Senate nominee in Missouri, said in an interview airing Sunday that “legitimate rape” rarely causes pregnancy.
Explaining his no-exceptions policy on abortions, Akin was asked why he opposes abortion even when the pregnancy is the result of rape.
“First of all, from what I understand from doctors, (pregnancy from rape) is really rare,” Akin told KTVI-TV in a clip posted to YouTube by the Democratic super PAC American Bridge. “If it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”
Akin added: “But let’s assume that maybe that didn’t work or something. I think there should be some punishment, but the punishment ought to be on the rapist and not attacking the child.”
Akin issued a statement Sunday afternoon saying he misspoke.
“In reviewing my off-the-cuff remarks, it’s clear that I misspoke in this interview and it does not reflect the deep empathy I hold for the thousands of women who are raped and abused every year,” he said. “I recognize that abortion, and particularly in the case of rape, is a very emotionally charged issue. But I believe deeply in the protection of all life and I do not believe that harming another innocent victim is the right course of action.”
Akin’s statement threatens to recast a Senate race in which he starts as the favorite, but national Republicans are concerned about his ability to execute a winning strategy. Akin won the GOP nomination two weeks ago — a result that Democrats hailed as a potential game-changer in a tough race for them.
Sen. Claire McCaskill (D-Mo.) and national Democrats actually spent money in the GOP primary to help get Akin through it. That strategy, at least in this case, appears to be paying dividends.
McCaskill said she was outraged by Akin’s claim.
“It is beyond comprehension that someone can be so ignorant about the emotional and physical trauma brought on by rape,” McCaskill said in a statment. “The ideas that Todd Akin has expressed about the serious crime of rape and the impact on its victims are offensive.”
Akin’s claim is one that pops up occasionally in social conservative circles. A federal judge nominated by President Bush in the early 2000s had said similar things, as have state lawmakers in North Carolina and Pennsylvania.
Politicians and activists who espouse this view often suggest that women who haven’t been raped will claim to have been raped in order to obtain an abortion. An Idaho state lawmaker apologized earlier this year after urging doctors to make sure women who claimed they had been raped were sure of that fact.
Akin himself has suggested in the past that women may claim to be raped as a strategy during divorce proceedings.
Needless to say, this is territory that GOP leaders would rather not have Akin wander into. Getting into the particulars of “legitimate rape” (as opposed to what?) and the female reproductive system has the potential to make this a headache for the GOP and take the focus off of McCaskill and President Obama, who is unpopular in Missouri.
Tthe Romney campaign issued the following statement late Sunday distancing itself from Akin’s comments:
Governor Romney and Congressman Ryan disagree with Mr. Akin’s statement, and a Romney-Ryan administration would not oppose abortion in instances of rape.
According to a 1996 study, approximately 32,000 pregnancies result from rape annually in the United States, and about 5 percent of rape victims are impregnated.
“Rape-related pregnancy occurs with significant frequency,” the study says, according to an abstract. “It is a cause of many unwanted pregnancies and is closely linked with family and domestic violence.”
Akin is also staking out some of the most socially conservative territory possible on this issue. Missouri is pretty socially conservative, but even many Republicans believe in abortion exceptions for rape and incest. A recent Gallup poll showed just 20 percent of Americans believe in no exceptions for abortion.
By: Aaron Blake, The Washington Post, August 19, 2012
“Pro-Domestic Violence Party”: GOP Opposes Expanded Domestic Violence Bill
The Violence Against Women Act was enacted in 1994 and has been reauthorized twice with bipartisan support. No one in Congress has ever wanted to be branded the pro-domestic violence party. Yet this week, the Republicans and Democrats entered into a bitter feud that fuels talk of the GOP’s purported “war on women,” and gives Democrats like Representative Judy Chu of California an opportunity to bust out phrases like, “It’s not the Violence Against Women act, but the Open Season for Violence Against Women Act.” From the perspective of the GOP, approving a new version of the act would help protect immigrants and homosexuals from intimate partner violence, and in 2012, that simply cannot stand!
In April, the Senate passed legislation that expands services for immigrants who are domestic abuse victims and specifies that people who are gay, lesbian, and transgender are covered under the law. After a bitter fight on Wednesday, the House passed its own version of the bill, which removed the new provisions in the Senate’s legislation, in a 222 to 205 vote.
Throughout the debate, the GOP’s refrain has been that the bill already protects everyone, so there’s no need to name specific groups. Sounds pretty logical! Yet the GOP is ignoring the fact that immigrants and LGBT people won’t be adequately protected under the House’s version of the law. Per the Christian Science Monitor:
The House bill does not allow for a path to citizenship for illegal women who have been abused and agree to cooperate with the police investigation of the crime. Moreover, it holds the cap on temporary visas offered to women cooperating in legal investigations to 10,000, below the Senate’s increased 15,000 level. Republicans say the citizenship provision is akin to amnesty for illegal immigrants, and expressed fears that the Senate bill will lead to an epidemic of immigrants staging elaborate fake domestic violence situations to get away from their non-abusive partners.Democrats, on the other hand, say that women fearing deportation may never come forward to take abusers off the street under the House bill.
The intent behind specifically naming lesbian, gay, and transgender victims is to prevent law enforcement from using the vague language in VAWA to exclude them from services. Studies have shown that these groups experience domestic violence at the same rates as the general population, but victims are far less likely to seek help.
The American Bar Association, Human Rights Watch, and leaders from 31 religious groups, including the United States Conference of Catholic Bishops and the National Association of Evangelicals, have all spoken out against the House’s bill. President Obama has threatened to veto the House bill, and now Congress needs to hash out a compromise between the two versions of the bill, ensuring that the debate will stay in the news.
By: Margaret Hartman, Daily Intel, May 17, 2012
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