“Just The Way They Do Business”: The Conservative Go-For-Broke Legal Strategy Suffers A Blow
These days, conservatives don’t suffer too many unanimous defeats at the Supreme Court, even in its currently unsettled status. But that’s what happened today, when the Court handed down an 8-0 ruling in a case called Evenwel v. Abbott, which had the potential to upend an understanding of democratic representation that has existed for two centuries, and give Republicans a way to tilt elections significantly in their favor before anyone even casts a vote.
The conservatives lost. But losing cases like this one is part of the way they do business. With a (usually) friendly Supreme Court, in recent years they’ve employed a strategy of maximal legal audacity, one that has yielded tremendous benefits to their cause.
This case was a relatively low-profile part of a comprehensive conservative assault on voting rights — or perhaps it’s more accurate to call it an assault on the ease with which people who are more likely to vote Democratic can obtain representation at the ballot box. The question was about how state legislative districts are drawn, and the principle of “one person, one vote.” We’ve long had a legal consensus that all districts in a state have to be approximately the same size, to give everyone equal representation; a state legislature can’t draw one district to include a million people and another district to include only a thousand (although you might point out that we do have a legislative body that violates this principle; it’s called the United States Senate, where Wyoming gets one senator for every 300,000 residents and California gets one senator for every 20 million residents).
The plaintiffs in Evenwell argued that instead of using population to draw district lines, states should use the number of eligible voters. Apart from the fact that we know population numbers fairly precisely because of the census, and we have no such precision regarding eligible voters, that would exclude huge swaths of the public. You might immediately think of undocumented immigrants, but counting only eligible voters would also mean excluding people with green cards on their way to citizenship, children, and those who have had their voting rights taken away because of a criminal conviction. In practice, drawing districts this way would almost inevitably mean taking power away from urban areas more likely to vote Democratic and sending power to rural areas more likely to vote Republican. Which was of course the whole point.
This case was a real long shot from the beginning, as you might gather from the fact that the conservative activists who filed it were suing the state of Texas, which is controlled by Republicans and is not exactly enthusiastic about ensuring everyone’s voting rights (the state’s incredibly restrictive voter ID law is still working its way through the courts). The problem they ran into came from the fact that the lawsuit alleged not that a state may draw districts based on the number of eligible voters and not the population, but that it must draw districts that way. That was the only way for them to file the suit, since they were trying to force Texas to change how it was drawing districts.
Since Texas had chosen to use population, just as every other state does and always has, in order to force a change the plaintiffs wanted that method declared unconstitutional. If they had prevailed, that could have meant that every state legislative district in the country would have had to be redrawn. As Ruth Bader Ginsburg wrote in the ruling, “As the Framers of the Constitution and the Fourteenth Amendment comprehended, representatives serve all residents, not just those eligible or registered to vote.”
About the legal audacity I mentioned before: As unlikely as this case may have been to succeed, it’s another reminder of how legally aggressive the right has been lately. Again and again, whether it’s about voting rights or the Affordable Care Act or some other issue, they’ve come up with some novel legal theory that at first gets dismissed as completely absurd, then begins to sound mainstream as conservatives see an opportunity to gain a victory and rally around it. Even if they ultimately lose in court, the controversy can open up new legal and political avenues that hadn’t been evident before.
They lost today, and if you get Samuel Alito and Clarence Thomas to agree with Ruth Bader Ginsburg and Sonia Sotomayor that your claim is bogus, you know you’ve gone pretty far. But this case leaves an open question, which is whether a state can switch to an eligible-voter count in order to draw its districts if it chooses. No state has chosen to do that, but don’t be surprised if now that the issue has gotten some attention, conservative Republican legislators in deep-red states — particularly those with large numbers of Latino immigrants — start proposing it. I’d keep my eye on Texas.
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Plum Line Blog, The Washington Post, April 4, 2016
“Their Own Call For Reflection”: It’s Not Just Republicans; Progressives Also Have A Crisis On Their Hands
Obama Derangement Syndrome is striking Republicans once again.
To avoid having to answer for the rise of Donald Trump, they want to hold the man in the White House responsible for the emergence of a demagogic showman who has been the loudest voice challenging the legal right of the winner of two elections to be there.
Obama picked his words carefully but with some quiet glee when he was asked about this at a joint news conference with Canadian Prime Minister Justin Trudeau on Thursday. “I have been blamed by Republicans for a lot of things,” Obama said, “but being blamed for their primaries and who they’re selecting for their party is” — here he paused, enjoying the moment — “novel.”
On the contrary, Obama insisted, it was Republicans who had created “an environment where somebody like a Donald Trump can thrive” and allowed “the circus we’ve been seeing to transpire.” He urged his opponents to “do some introspection.”
That would be nice, wouldn’t it?
I should acknowledge a stake in this fight, having published a book in January called “Why the Right Went Wrong” arguing that the emergence of Trump was the logical consequence of a half-century of conservative history and of the steady legitimation of extremist ideas within the GOP. The nation, not just the Republican Party, desperately needs a different and more constructive brand of conservatism.
But if progressives are to beat back an increasingly virulent right and encourage the emergence of a more temperate form of conservatism, they have to ponder the crisis on their own side that is visible in this campaign and in most of the European democracies as well.
The strength of Bernie Sanders’s challenge to Hillary Clinton from the left, like the radicalization of American conservatism, is a symptom of the decay of a moderate brand of progressivism that rose in the 1990s when Bill Clinton was president and Tony Blair was Britain’s prime minister. Its ideology was rooted in a belief that capitalism would deliver the economic goods and could be balanced by a “competent public sector, providing services of quality to the citizen and social protection for those who are vulnerable.”
Those last words are Blair’s from a collection of essays by 11 center-left politicians from around the world released on Friday by the Center for American Progress and Canada 2020 to coincide with Trudeau’s visit to the United States. The title of their effort, “Global Progress,” is optimistic, and Bill Clinton, for one, continued to express confidence that government could “empower people with the tools to make the most of their own lives and to create the institutions and conditions for them to succeed.”
This never stopped being a good idea, but the sober reflections of Ricardo Lagos, Chile’s former president, pointed to the “significant challenge to progressive politics” created by the economic crisis of 2008. It raised “profound questions” about policies “that favored deregulation of the economy and allowed the financial system to self-regulate.” The moderate left, it turns out, had more confidence in a loosely governed capitalism than was merited by the facts.
And in the post-crash period, progressives largely lost the argument against austerity policies. A significant exception was the United States during the first two years of Obama’s term: Keynesian policies helped lead to a revival of the U.S. economy that was faster and more robust than in other places. But continued economic sluggishness, Lagos argued, feeds “the anger and alienation of a dangerous populism on the extreme left and right.” Trudeau himself said Friday that the economically excluded “don’t feel like this idea of progress holds.”
Lodewijk Asscher, the deputy prime minister of the Netherlands, wrote of the challenge to national identity created by immigration and the fear of terrorism. He called for “building a society based on solidarity in which people are seen as individuals instead of members of their group and someone’s background remains just a background.” Well, yes, but, as Asscher no doubt knows, this is easier said than done.
If Republicans delude themselves that Obama is responsible for Trump, there’s little hope for the soul-searching their party requires — all the more so after the violence and threats at Trump’s rallies.
But progressives of moderate inclinations can’t use the right’s shortcomings to blind them to their own call for reflection. Those who believe in gradual, steady progress need to provide plausible responses to a world both less secure and less orderly than it was in the 1990s. Otherwise, the alternatives, as Trump is showing us, will be both irrational and grim.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, March 14, 2016
“The Worst Has Yet To Come”: Scrambling To Clean Up A Failed Republican Governor’s Mess
In November, Louisiana’s John Bel Edwards received some great news: by a wide margin, the Democrat had been elected governor. At the same time, however, he also received some rather dreadful news: Edwards was now the governor of Louisiana, responsible for cleaning up a catastrophic mess left by Republican Bobby Jindal.
As the New York Times reported yesterday, Pelican State policymakers – a Democratic governor’s office working with a Republican-led legislature – are moving forward with a plan to undo some of what Jindal did, at least temporarily.
Facing the threat of layoffs, cancellation of university classes and a suspension of health care services, state lawmakers avoided more than $900 million in budget cuts by passing a package of tax increases and spending reductions Wednesday in the closing moments of a special session.
But large shortfalls still plague the state and will continue to play out as a regular session convenes on Monday.
The package includes restructuring the state sales tax – removing exemptions and increasing it a penny – but at Republicans’ insistence, the increases are temporary. The New York Times article added that the new agreement also includes “higher taxes on cigarettes, alcohol, car rentals, cellphones, landlines and short-term rooms booked through websites.” Policymakers also “rolled back a tax credit enjoyed by the insurance industry, and they approved a framework for collecting sales taxes from online retailers.”
Despite this, the package didn’t close all of the state’s massive budget shortfall, and more cuts are on the way.
Bobby Jindal’s failures were just that bad. The Washington Post added last week:
Already, the state of Louisiana had gutted university spending and depleted its rainy-day funds. It had cut 30,000 employees and furloughed others. It had slashed the number of child services staffers, including those devoted to foster family recruitment, and young abuse victims for the first time were spending nights at government offices.
And then, the state’s new governor, John Bel Edwards (D), came on TV and said the worst was yet to come.
The source of the crisis is hardly a mystery. As the Post reported, experts have found that Louisiana’s structural budget deficit “emerged and then grew under former governor Bobby Jindal, who, during his eight years in office, reduced the state’s revenue by offering tax breaks to the middle class and wealthy. He also created new subsidies aimed at luring and keeping businesses. Those policies, state data show, didn’t deliver the desired economic growth.”
In other words, a right-wing governor, working with a Republican legislature, tried to implement a conservative governing agenda. The result is a disaster Louisiana is going to struggle for years to clean up.
If you missed Rachel’s segment last week on states damaged by Republican governance, it’s worth revisiting – especially for its focus on Louisiana.
By: Steve Benen, The Maddow Blog, March 11, 2016
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