“Encouraging Vigilante Justice”: The Political Battle Over ‘Stand Your Ground’ Laws
The shooting of teen Trayvon Martin in Florida last week has sparked a national debate over “stand your ground” laws.
But in many states, fights over the controversial legislation have been going on for years without garnering much attention from anyone other than prosecutors and gun-rights activists.
While George Zimmerman admits to shooting Martin, he says he acted in self defense and has not yet been arrested. Under a 2005 Florida law, a citizen who uses deadly force is immune from prosecution when “he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.”
Backed by the National Rifle Association, first in Florida and then around the country, state legislators have pushed for expanding the right to use deadly force. Twenty-one states now have laws giving citizens wide latitude to use deadly force without first attempting to retreat.
Here are some states where “Stand Your Ground” was recently passed or is currently up for debate.
* A bill passed by the legislature in Minnesota was just vetoed by Gov. Mark Dayton (D).
* In Pennsylvania, former Gov. Ed Rendell (D) vetoed a “stand your ground” bill; it was signed last year by Gov. Tom Corbett (R).
* Democratic lawmakers staged a walk-out in Iowa recently to avoid a vote on the legislation. The legislation will probably be blocked on procedural grounds this year, but state Rep. Matt Windschitl (R) plans to reintroduce it next year.
“I anticipate that there are some people who are going to try use this unforunate incident as an excuse not to expand Iowans’ right to self -defense,” Windschitl said, but argued that this one case had to be balanced against the lives saved by laws like the one in Florida.
* In New Hampshire last fall, Republicans in the state legislature overrode a veto from Gov. John Lynch (D) in order to pass a “Stand Your Ground” bill.
“I think if we end up with more moderate Republicans and certainly more Democrats” after the 2012 elections, “it could be on the table again,” said state Rep. Christopher Serlin (D).
* In Alaska, legislation has passed the House and is currently being considered by the state Senate.
Not every “Stand Your Ground” law came from a purely Republican-controlled state government, however.
Oklahoma’s Democratic governor signed one in 2006, as part of the first wave of “Stand Your Ground” success. So did Homeland Security Chief Janet Napolitano, when she was the Democratic governor of Arizona. In Alabama, a bill identical to Florida’s was first introduced by a Democrat.
Overall, however, there is a partisan divide — particularly in the past two years as advocates have attempted to bring the legislation to less-conservative states — with Republicans supporting the bills and Democrats opposing them.
In states where the policy has yet to become law, supporters will likely find new resistance. In states where it has recently become law, its supporters could face a backlash.
Supporters of “Stand Your Ground” argue that it doesn’t apply in this case and does not protect killers who did not act in true self-defense. (Republican presidential candidates Newt Gingrich and Rick Santorum have also suggested the law does not apply.) Opponents say that the law encourages vigilante justice by creating ambiguity.
“We’ve never thought by itself that the law is the main issue,” said Dan Gross, president of the Brady Campaign to Prevent Gun Violence. “What we think is the main issue is the mentality that that law provides.”
By: Rachel Weiner, The Washington Post, March 23,2012
“Unlicensed Doctors”: Politicians Swinging Stethoscopes
Let’s take a look at sex and state legislatures.
Never a good combo. Lawmakers venture into murky waters when they attempt to deal with the mysteries of human reproduction. The results are generally short of scientific. Once, when I was covering the Connecticut House of Representatives, a bill introduced at the behest of professional musicians, “An Act Concerning Rhythm Machines,” was referred to the Public Health Committee under the assumption that it was about birth control.
That was a long time ago, but a definite high note. Normally when these matters come up in a state capitol, the result is not chuckles.
New Hampshire, for instance, seems to have developed a thing for linking sex and malignant disease. This week, the State House passed a bill that required that women who want to terminate a pregnancy be informed that abortions were linked to “an increased risk of breast cancer.”
As Terie Norelli, the minority leader, put it, the Legislature is attempting to make it a felony for a doctor “to not give a patient inaccurate information.”
And there’s more. One of the sponsors, Representative Jeanine Notter, recently asked a colleague whether he would be interested, “as a man,” to know that there was a study “that links the pill to prostate cancer.”
This was at a hearing on a bill to give employers a religious exemption from covering contraception in health care plans. The article Notter appeared to be referring to simply found that nations with high use of birth control pills among women also tended to have high rates of prostate cancer among men. Nobody claimed that this meant there was scientific evidence of a connection. You could also possibly discover that nations with the lowest per capita number of ferrets have a higher rate of prostate cancer.
Bringing the prostate into the fight was definitely a new wrinkle. But it’s getting very popular to try to legislate an abortion-breast cancer link. I suspect this is at least in part because politicians in some states are being forced to stretch to find new ways to torture women who want to end an unwanted pregnancy. It’s sort of like gun control — once your state already has guaranteed the right to wear concealed weapons into bars and churches, you’re going to have to start getting really creative to reaffirm a commitment to the Second Amendment.
Last year, South Dakota — which has a grand total of one abortion provider — instituted a 72-hour waiting period, plus a requirement that the woman undergo a lecture at one of the state’s anti-abortion pregnancy counseling centers.
This law is tied up by litigation. While they’re waiting, the legislators have improved upon their work, requiring the doctor to ask his patient — who may have already traveled for hours, waited for three days and gone through the counseling center harangue — questions including what her religious background is and how she thinks her family might react to the decision to end the pregnancy.
“South Dakota has taken the I.R.S. audit model and applied it to women’s reproduction,” said Ted Miller of Naral Pro-Choice America.
But about this cancer business.
“Now we’re seeing why legislatures getting into the practice of medicine is dangerous,” said Barbara Bollier, a Republican state representative in Kansas, where a bill requiring doctors to warn abortion patients about the breast cancer connection is pending.
Bollier is a retired anesthesiologist, who also formerly taught bioethics. If you wanted to have a résumé guaranteed to drive you crazy in the Kansas State Legislature, she’s got it.
We had a very interesting discussion over the phone about good science — what makes a reliable study, and how an early suggestion of a possible connection between abortions and breast cancer was overtaken by larger, better studies that showed no evidence of a link whatsoever. All of this has been shared with the Kansas Legislature, to no effect whatsoever.
Bollier has her finger on the moral to all this. When faced with a choice between scientific evidence and their personal and political preferences, legislators are not going to go with the statistics. I have warm memories of the committee of the Texas House of Representatives that last year rejected a bill to require that public school sex education classes be “medically accurate.”
Let’s refrain from discussing how the people who are preparing to legislate medical science are often the very same ones who scream about government overreach when health experts propose taxing sugary beverages.
Just try to envision yourself in a doctor’s office for a consult. Then imagine you’re joined by a state legislator. How many of you think the situation has been improved? Can I see a show of hands?
Thought so.
By: Gail Collins, Op-Ed Columnist, The New York Times, March 16, 2012
State Loan Program That Rick Perry Touted Had To Be Bailed Out
Gov. Rick Perry has anchored his presidential campaign to his claims of creating jobs.
With no business record of his own, Perry must contrast his ability to create jobs with public money against the records of two front-runners, Mitt Romney and Herman Cain, who tout credentials as private employers.
His GOP opponents already have sniped at his gubernatorial record, saying Perry inflates his job-creation numbers and takes credit for a business climate he inherited. Perry’s efforts to create jobs and spur agribusinesses as the state’s agriculture commissioner during the 1990s might provide even more fodder for the opposition.
Over his eight years as Texas’ farmer-in-chief, Perry oversaw a loan guarantee program with so many defaults that the state had to stop guaranteeing bank loans to startups in agribusiness and eventually bailed out the program with taxpayer money.
The state auditor panned Perry’s claims of creating jobs and criticized Perry and his fellow board members at the Texas Agricultural Finance Authority for not following their own lending guidelines.
In some instances, the auditor said, Perry and the authority guaranteed loans to applicants with a negative net worth or too much debt. Citing growing debts, the auditor finally suggested that state officials consider dismantling the program.
Even as the first alarms were sounded, Perry defended the program, saying no taxpayer money was at risk, blaming others and claiming he had fixed it.
It only got worse.
By 2002, Perry’s successor, Agriculture Commissioner Susan Combs, a Republican, stopped making loans as the percentage of bad loans neared 30 percent.
By 2009, her successor, Agriculture Commissioner Todd Staples, also a Republican, asked the Legislature to pay off the loan guarantees with a $14.7 million appropriation. The finance authority could no longer afford the $541,000 to cover the annual interest on the bad debts, almost all of which dated back to Perry’s tenure.
“It’s bad,” Staples told the American-Statesman at the time. “Unfortunately, taxpayers are on the hook for something that happened as long ago as 1987.”
In effect, Perry, as governor, signed his own government bailout when he approved the 2009 appropriations bill.
The Perry campaign did not respond to questions about whether Perry, as president, would use public money in economic development programs and what lessons he learned from his experience guaranteeing risky business loans with public money.
Mired in partisan politics
When the Legislature created the Texas Agricultural Finance Authority in 1987, the intent was to boost the state’s agricultural economy by selling state-backed bonds to guarantee bank loans to entrepreneurs who could not get commercial loans. The goal was to create small businesses and jobs by processing — rather than simply growing — Texas agricultural products.
The program immediately got mired in partisan politics, with Agriculture Commissioner Jim Hightower, a Democrat, on one side, and the Republican members of the finance authority appointed by Gov. Bill Clements on the other.
The impasse ensured that no loans were made during Hightower’s term.
In 1990, Perry campaigned on a promise to create jobs and expand the rural economy by making loans to agribusiness startups that would process the state’s agricultural products.
Clements’ appointees to the finance authority board gave Perry, a board member, sole authority to guarantee loans before newly elected Gov. Ann Richards, a Democrat, could replace them.
Under the program, the state would guarantee 90 percent of a lender’s loan — up to a maximum of $5 million — to an applicant.
Entrepreneurs lined up for money to spin cotton into yarn, process meats, develop cotton insulation, market canna bulbs to wholesale nurseries and sell pinto beans as a ready-to-eat frozen meal, to name a few.
‘This has not cost Texans money’
Perry had made four loan guarantees for $5.8 million by the time the attorney general ruled that he had to share that authority with his fellow board members. Even then, Perry and his staff drove the decisions.
Mary Webb, a Richards appointee who joined the finance authority as chairwoman in 1992, said the part-time board members had to rely on Perry’s staff at the agriculture department when screening loan applications.
“They did the legwork,” she said. “We looked at the deals to see if they fit with the legislation: Would they create jobs and help the agriculture community?”
By the time Webb left the board in 1995, she said she knew a couple of loans were in trouble. She said she learned only later the scope of the problems with other loans.
The first loan guarantees were financed by selling $25 million in bonds.
Twice, in 1993 and 1995, Perry campaigned for voters to approve more bonding authority.
Perry claimed the first two years of the program had created 4,100 jobs and pumped $390 million into the economy by guaranteeing loans to 47 companies. He predicted more than 40,000 jobs could be created with the additional bonding authority.
He didn’t mention troubled loans as he touted the program’s virtues at a 1993 Capitol press conference: “We think that this Texas Ag Finance Authority is, without a doubt, one of the finest programs that the Texas Legislature, that the citizens of Texas have ever gone forward with.”
At another stop, Perry said, “We can truly say it has not cost the taxpayers of Texas any money.”
Voters turned him down in 1993, but Perry finally won an extra $200 million in bonding authority two years later.
“This is one of the few government programs that truly has worked,” Perry said. “This has not cost Texans money.”
In January 1997, State Auditor Lawrence Alwin first alerted state officials, saying Perry and the board had violated their own lending guidelines.
He said 10 of the 48 companies had defaulted, and six more were in trouble. The first bad loans were written off as uncollectible in 1995, according to records.
Alwin also debunked a $40,000 report by a state-paid consultant claiming the program had created or retained more than 5,000 jobs at a cost of $412 per job as well as contributing $600 million to the economy.
The consultant’s data, which Perry submitted to the Legislature, were “unverifiable, incomplete, untimely, and inconsistent” and based on unrealistic assumptions about job creation, Alwin concluded.
A year later, Alwin warned that the situation had gotten worse. The program was $5.7 million in the red because of bad loans.
The issue hit the newspapers.
Perry and his lieutenants defended the program.
Deputy Agriculture Commissioner Larry Soward told The Dallas Morning News that the audit reflected a number of bad loans made early in the program to farmers and ranchers trying their first business ventures.
“The business acumen of the people behind them might not have been as strong as possible,” Soward said.
But he insisted the program would rebound: “The fact that there is a negative balance does not mean the program is in trouble.”
Perry echoed a similar refrain in a guest column in the Amarillo Daily News.
“By their very nature, TAFA loans are considered higher risk. Because of this, some defaults were inevitable and a negative balance was expected in the early years of the program,” he wrote.
He blamed the problems on “some unfortunate decisions made by the previous TAFA board early in the program.”
Perry promised the problem was fixed. “Today, TAFA is on solid footing with a positive balance projected by 2010,” he wrote.
He reminded readers that the loans were funded by debt — commercial paper: “No taxpayer money has ever been used to make TAFA loans.”
In 1998, Perry was elected lieutenant governor, and Combs succeeded him as agriculture commissioner.
She talked of expanding the loan guarantee program to other borrowers beyond food and fiber processors. But she asked Alwin to do a follow-up audit.
His warning was prescient. He said a program that guaranteed loans to people who typically couldn’t qualify for commercial loans would have a hard time finding enough good loans to generate the income to offset the losses from the bad ones.
In 2002, Combs and the agricultural finance authority bowed to that reality, suspending any new loans.
Twenty-nine of 102 guaranteed loans defaulted, almost all of them during Perry’s tenure, according to the records provided this month by the agriculture department.
While the majority of the loans were in good standing, the majority of the original $25 million — $14.7 million — was bad debt. Just as the auditor warned, the income from the good loans could not generate enough cash to make the program self-sustaining.
“We hit a brick wall,” Staples said in 2009.
By: Laylan Copelin, American-Statesman Staff, Statesman.com, October 22, 2011
The Real Voter Fraud Scandal: Conservatives Are Trying To Restrict And Distort The Will Of The Voters
Well over a year before the 2012 presidential election, there’s a battle going on over next year’s ballots—how they’ll count and who will get to cast them. At stake is an attempt to distort the voters’ will by twisting the rule of law.
Most recently, Pennsylvania has been the focus of this battle. Dominic Pileggi, the state Senate majority leader, wants to change the way the Keystone State distributes its electoral votes, divvying them up according to how each presidential candidate performed in each congressional district, with the remaining two electoral votes going to the candidate who won the popular vote.
So while Barack Obama’s 55 percent of the vote in Pennsylvania in 2008 netted him all 21 of its electoral votes, the Pileggi plan would have shaved that figure to 11 electors. (Nationwide, Obama won 242 congressional districts while John McCain got 193.) The change would be even sharper as Pennsylvania’s new congressional map is expected to have 12 of the state’s 18 seats drawn to favor the GOP. Obama could win a majority of the Keystone vote again but only score eight of the state’s 20 electors. Do we really want to bring gerrymandering into presidential elections?
The politics here aren’t obscure: Every Democrat since Bill Clinton in 1992 has won Pennsylvania. This is a naked attempt to undercut Democratic nominees. (And while Pennsylvania would join Nebraska and Maine with such a law, Nebraska Republicans are trying to return to the unit rule after Obama won a single elector there in 2008.) But the Pennsylvania gerrymander gambit is only one aspect of a broader push to rig the game.
The 2010 elections marked a huge shift in control of state legislatures from Democrats to Republicans. The result, according to Tova Wang, a Senior Democracy Fellow at the progressive think tank Demos, has been “an attack on voting rights in this country like we haven’t seen in years and years.”
So far this year, bills have been introduced in at least 38 state legislatures designed to make it harder for Americans to exercise their right to vote. Fourteen have actually enacted such laws, according to a report released this week by the Brennan Center for Justice at New York University School of Law, which found that the new rules could make it “significantly harder for more than five million eligible voters to cast ballots in 2012.” As Rolling Stone reported recently, Kansas and Alabama, for example, now require proof of citizenship to register to vote; Florida and Texas have raised barriers to groups like the League of Women Voters conducting voter registration drives; Florida and Iowa barred ex-felons from voting, instantly removing nearly 200,000 voters from their states’ rolls; Florida, Georgia, Ohio, Tennessee, and West Virginia have cut back on early voting; and Maine repealed its law allowing citizens to register and vote on Election Day or on the two business days immediately preceding it (even though GOP Gov. Paul LePage had himself used that law to register the day before the 1982 election).
Perhaps the GOP’s most popular vote suppression tool is a set of new laws requiring voters to present photo identification before they cast ballots. Seven states—Alabama, Kansas, Rhode Island, South Carolina, Tennessee, Texas, and Wisconsin—have enacted such measures this year. At first glance this may seem reasonable. Who doesn’t have a valid photo ID? The answer may surprise you. A 2006 study by the Brennan Center found that 11 percent of U.S. citizens lack one, a figure in line with a 2005 report by an election reform federal commission which suggested 12 percent of U.S. citizens lack driver’s licenses. Drilling down, the Brennan Center found that the groups worst off in this regard tend to be core Democratic constituencies: 25 percent of voting age African-Americans and 15 percent of voting age citizens who make less than $35,000 annually lack valid photo IDs.
In Ohio, where such a law is pending, roughly 940,000 citizens lack valid IDs, according to a study by a nonpartisan voters group. Or take Wisconsin: Less than half of Milwaukee County African-Americans and Hispanics have driver’s licenses, according to a study from the University of Wisconsin-Milwaukee, and the figures are worse for younger voters. Indeed, the Wisconsin law is especially pernicious, specifically not accepting student IDs, even from state institutions. Texas’s voter ID law is even more blatant in who it’s aimed at. State gun permits are acceptable, but student IDs and government employment cards are not.
And these laws are a solution searching for a problem. Conservatives have long bemoaned the menace of voter impersonation, but the evidence for this threat is nonexistent. George W. Bush’s Justice Department spent years ferreting out voter fraud and managed to prosecute not one voter for impersonating another. “Out of the 300 million votes cast [between 2002 and 2007] federal prosecutors convicted only 86 people for voter fraud,” Rolling Stone reported. A 2007 study by the Brennan Center found the instances of voter fraud to be literally infinitesimal. “You’re more likely to get killed by lightning than commit in-person voter fraud,” says the Brennan Center’s Michael Waldman. Which only makes sense: That thousands of people are casting illegal votes in others’ names while evading determined detection (always managing to choose people who weren’t going to vote anyway) doesn’t pass the smell test.
Knock away the spurious reasons for the push to restrict voting and you’re left with bare-knuckled partisanship. “There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens on voting, the determined effort to limit the franchise that we see today,” former President Bill Clinton told a group of young political activists over the summer. He’s right, and it must be fought at every level.
By: Robert Schlesinger, U. S. News and World Report, October 6, 2011
Conservative Word Games Manipulate Immigration Debate
Gabriel Thompson’s “How the Right Made Racism Sound Fair–and Changed Immigration Politics” at Colorlines.com goes long and deep into the psychology of conservative lingo and terminology used by the MSM in the immigration debate. A teaser:
…Colorlines.com reviewed the archives of the nation’s largest-circulation newspapers to compare how often their articles describe people as “illegal” or “alien” versus describing them as “undocumented” or “unauthorized.” We found a striking and growing imbalance, particularly at key moments in the immigration reform debate. In 2006 and 2007, for example, years in which Congress engaged a pitched battle over immigration reform, the New York Times published 1,483 articles in which people were labeled as “illegal” or “alien;” just 171 articles used the adjectives “undocumented” or “unauthorized.”That imbalance isn’t coincidental. In the wake of 9/11, as immigration politics have grown more heated and media organizations have worked to codify language they deem neutral, pollsters in both parties have pushed their leaders toward a punitive framework for discussing immigration. Conservatives have done this unabashedly to rally their base; Democrats have shifted rhetoric with the hopes that it will make their reform proposals more palatable to centrists. But to date, the result has only been to move the political center ever rightward–and to turn the conversation about immigrants violently ugly.
Thompson, author of “Working in the Shadows: A Year of Doing the Jobs (Most) Americans Won’t Do,” has written an excellent analysis which merits a close read — especially by Dem candidates and staffers who are involved in immigration politics.
By: The Democratic Strategist Staff, September 21, 2011
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