“The Supreme Court’s Ruling Be Damned”: Ted Cruz Isn’t Taking The Marriage Ruling Well
At an event over the weekend, Rep. Steve King (R-Iowa) was asked about last week’s Supreme Court rulings on the Affordable Care Act and marriage equality. The right-wing Iowan, not surprisingly, wasn’t pleased, calling the court decisions “the heaviest one-two punch delivered against the Constitution and the American people that we’ve ever seen in the history of this country.”
Of course, Steve King is expected to say things like this. When presidential candidates go over the top in the same way, it’s a little more alarming. MSNBC’s Benjy Sarlin reported:
Sen. Ted Cruz (R-Tex.) went so far as to call for a constitutional convention to overturn the court’s decision while campaigning in Iowa, according to CNN. In an interview with Sean Hannity he called the back-to-back rulings on health care and gay marriage “some of the darkest 24 hours in our nation’s history.”
Hannity, incidentally, found Cruz’s rhetoric quite compelling, responding, “I couldn’t say it more eloquently.”
For what it’s worth, it’s not hard to think of some genuinely tragic 24-hour periods in American history. The Lincoln assassination comes to mind. So does the time British troops burned the White House. There were days during the Civil War in which tens of thousands of Americans died on the battlefield. Just in the last century, we witnessed the JFK assassination, Pearl Harbor, and a corrupt president resign in disgrace.
For the Republican presidential hopeful, learning that Americans will have health benefits and loving couples will get married belongs on the same list.
To be sure, while much of the country will probably find that odd, it’s equally important to appreciate what Cruz intends to do with his outrage.
On the Affordable Care Act, the Texas senator will, naturally, continue to push a pointless repeal crusade. On marriage rights, Cruz intends to “focus on defending religious liberty by protecting those who act on their conscience and appointing judges who understand the limits placed on them by the Constitution.”
But it’s the Republican’s plans for the high court itself that stand out. The Huffington Post reported:
To challenge that “judicial activism,” Cruz said he is proposing a constitutional amendment to require Supreme Court justices to face retention elections every eight years. […]
Under Cruz’s proposed amendment, justices would have to be approved by a majority of American voters as well as by the majority of voters in least half of the states. If they failed to reach the required approval rating, they would be removed from office and barred from serving on the Supreme Court in the future.
Soon after, the senator said he “absolutely” believes county clerks in Texas should freely refuse marriage licenses to couples who wish to marry, the Supreme Court’s ruling be damned.
As ridiculous as Cruz’s posturing seems, it’s important to remember the broader context: national GOP candidates have a built-in incentive to be as hysterical as possible right now, in the hopes of currying favor with the party’s base. Mild, reasoned disappointment with the court doesn’t impress far-right activists; unrestrained, hair-on-fire apoplexy does.
Ted Cruz appears to understand this dynamic all too well.
By: Steve Benen, The Maddow Blog, June 29, 2015
“Be Careful What You Wish For”: Dear Ted Cruz; Electing SCOTUS Judges Might Not Work Out As Well For You As You Hope
Flailing about for some sort of cogent conservative reaction to the Supreme Court decisions this week, National Review apparently allowed Ted Cruz to scribble out some meandering prose on its website. That may have been a mistake.
Ted Cruz’ solution to “judicial tyranny”? Direct election of SCOTUS judges. No, really. But let’s set aside the obvious fever dream futility of attempting to make this alteration to the Constitution to serve social conservative interests and take his suggestion at face value.
Direct election of judges has admittedly been a key page out of the conservative playbook for a long time now. Big money in theory keeps justices aligned to corporate interests, while conservative interest groups can ensure that judges fear to render verdicts against their pet issues from guns to gay marriage. As public policy, of course, this is a terrible idea: the entire point of having unelected judges is that they will feel free to protect the Constitution and the rule of law against the unjust tyranny of the majority. Making judges fearful of the public whim negates much of the entire purpose of having a judicial branch to check the legislative.
But even from a purely conservative utilitarian standpoint, that strategy tends to work best in more conservative states and where judges are elected in non-presidential cycles. Also, much has changed in the last decade in terms of popular opinion.
The underpinning of Cruz’ argument seems to be that the justices of the Court have instituted unpopular judicial tyranny on the public by upholding Obamacare and gay marriage. But it’s not at all clear that if Supreme Court judges were elected by popular vote, the results would favor conservative interests. The same demographic forces that make it increasingly difficult for Republicans to win presidential elections would carry similar headwinds against conservative justices. A nation that elected Barack Obama twice would be far likelier to toss out Scalia than Ginsburg.
Moreover, there’s no evidence that a serious public opinion backlash will arise against the Court over marriage equality and the Affordable Care Act, let alone one strong enough to engender a serious recall election threat under such a system. National public opinion has shifted dramatically in favor of marriage equality, and Americans strongly oppose repealing the Affordable Care Act. If Ted Cruz believes a populist backlash would scare the Supreme Court into submission, he’s obviously looking at the wrong polls.
Indeed, by far the most unpopular of the SCOTUS’ recent decisions was its stand on Citizens United: a full 80% of Americans opposed to the decision, and 65% of Americans strongly opposed. The public backlash over giving plutocrats and corporations unfettered purchasing power over our elections has been far stronger than any old-school conservative revanchist revolt against liberal judges.
All of which is to say, Ted Cruz should probably be careful what he wishes for.
By: David Atkins, Political Animal Blog, The Washington Monthly, June 27, 2015
“Cruz Balks At Questions On Flooding, Climate”: References To Science Are Inappropriate When Ted Cruz Doesn’t Like The Data
Storms in Texas last week caused deadly flooding, and conditions in some areas grew even worse over the weekend. NBC News has confirmed that at least 24 people have died in Texas in the floods, and the death toll climbs when victims in Oklahoma and Mexico are added to the tally.
Sen. Ted Cruz (R-Texas), like many officials in the Lone Star State, has worked on securing federal disaster relief for the affected areas. What the far-right senator has not been willing to do, however, is answer questions about the environmental conditions that may be contributing to the floods themselves.
CNN reported the other day that Cruz finds himself “in a bind on climate change.”
The Republican presidential contender has held two press conferences over the past two days to address the flooding and the government’s response. At each one, he was asked about the impact of climate change on natural disasters like the Texas flooding, and at each one, he dodged the question.
“In a time of tragedy, I think it’s wrong to try to politicize a natural disaster – and so there’s plenty of time to talk about other issues,” he said in response to a question on his views on climate change during a press conference on Wednesday afternoon.
It’s a curious response. For one thing, it’s not entirely clear how Cruz defines “politicize” – to talk about environmental conditions contributing to an environmental disaster is “political”? Are we to believe references to science are inappropriate when Ted Cruz doesn’t like the data?
For another, Cruz’s rhetoric makes it sound as if he’d welcome a discussion about the climate crisis and its devastating, real-world effects – just not now. There’s “plenty of time” for this conversation, he said.
But the point is, Cruz has it backwards. As the crisis intensifies, and the disasters become more frequent and severe, there isn’t “plenty of time” for conversations that climate deniers always want to push away.
Over at ThinkProgress, Emily Atkin argued yesterday that “let’s not politicize this” carries with it a distinct “I’m not a scientist” vibe.
[It’s] a way to avoid talking about the science that says human-made carbon emissions are warming the earth and screwing with natural weather patterns. Cruz, for his part, says he does not accept that science.
In the meantime, climate scientists across the country have been speaking out about the climate implications of the Texas floods. And on Friday, ThinkProgress asked several of those scientists to weigh in on Cruz’s comments.
The overwhelming response: Talking about climate change after a weather tragedy is not political. In fact, it’s necessary.
Katharine Hayhoe, an atmospheric scientist at Texas Tech University, for example, said, “The science isn’t political. It’s the solutions that are political.”
By: Steve Benen, The Maddow Blog, June 1, 2015
“Ted Cruz: I Won Those Purple Hearts!”: It’s Not The First Time Cruz Has Claimed Credit For Something That Has Raised Eyebrows
Senator Ted Cruz’s presidential stump speech electrifies conservative crowds with a cocktail of growls, whispers, warnings of impending doom, and at least one claim of personal accomplishment so powerful, it often brings many in the audience to their feet.
“Just a few weeks ago, I was down in Fort Hood, where the soldiers who were shot by Nidal Hasan were finally, finally, finally awarded the Purple Heart,” Cruz told activists last weekend at the conservative Freedom Forum in Greenville, S.C. “I’ll tell you the reason those Purple Hearts were awarded. I was very proud last year to introduce legislation in the Senate to mandate that the Pentagon award those Purple Hearts.”
Cruz rightly pointed out that for years, the Obama administration had classified the 2009 shooting at Fort Hood, Texas, by Army Major Nidal Hasan as a “workplace violence” incident rather than as a terrorist attack, though Hasan’s rampage came after he had been in contact with al Qaeda leader Anwar al-Awlaki. Hasan’s shooting spree left 13 dead and 32 wounded, including dozens of military personnel who were deemed ineligible for the Purple Heart because of the Pentagon’s classification of the attack as not combat-related.
At the end of 2014, Congress passed a bill requiring the Pentagon to reclassify the 2009 attack, and the Fort Hood victims were indeed awarded the Purple Heart.
But Cruz voted not once but twice against the Pentagon authorization bill that changed the Purple Heart policy. A Cruz spokesman told the Dallas Morning News that Cruz voted against the bill over an issue unrelated to the Fort Hood shootings but that “he would have found another way to get it done” had the bill had not passed. “Supporting one amendment certainly does not mean a senator is obligated to support the entire bill.”
And although Cruz played an important role on the Senate Armed Services Committee at last year, the credit for changing the Pentagon’s long-standing policy belongs to at least a dozen senators and members of Congress who had pushed the issue relentlessly for years before Cruz ever arrived in the Senate.
It was Senator John Cornyn (R-TX), not Cruz, who originally introduced legislation to award the Purple Heart to the Fort Hood victims in 2009. Cornyn’s bill coincided with a similar bill from Representative John Carter (R-TX), whose district includes much of Fort Hood. Cornyn and Carter would introduce their bills again in 2011 and 2013. Representatives Roger Williams (R-TX), Frank Wolf (R-VA), and Peter King (R-NY) all pushed the matter in their own committees.
Representative Michael McCaul, another Texas Republican and the chairman of the House Homeland Security Committee, held hearings on the matter. Senator Joe Lieberman (I/D-CT), the former chairman of the Senate Homeland Security Committee, did the same and commissioned a months-long investigation into the causes of the Fort Hood attack.
Lieberman introduced a bill of his own, along with Cornyn, in 2012 to mandate that the Pentagon change its criteria for awarding the Purple Heart that would include the Fort Hood victims. In 2014, Senator John Boozman, a Republican from Arkansas who is also on the Armed Services Committee, wrote legislation similar to Cruz’s to mandate that the Pentagon award Purple Hearts to victims of a similar shooting at a Little Rock military recruiting center in 2009.
Neal Sher, a lead attorney for the Fort Hood victims and their families who sued the Pentagon over the policy, said the reclassification was the result of efforts by multiple offices for multiple years on and off Capitol Hill.
“Cruz was instrumental, Cornyn was instrumental, the Texas House delegation, McCaul, Carter, Williams, were all instrumental,” said Sher. “It took years, years. The administration and the Pentagon were opposing it every step of the way. It took an act of Congress to get them to change their tune.”
A staffer who worked on the issue agreed that Cruz did play an important part in the final result for the families, but “the claim nonetheless omits what Lieberman, Cornyn and others had done to get the ball to the one-yard line. In other words, ‘the reason those Purple Hearts were awarded’ phrase is true but insufficient. “
It’s not the first time Cruz has claimed credit for something on the campaign trail that has raised eyebrows back in Washington.
Cruz ran into a buzz saw with Senator John McCain last month after the Texas senator told a New Hampshire audience that he had been pressing McCain to hold congressional hearings to allow members of the military to carry personal firearms on military bases. Cruz suggested that McCain had yet to respond.
McCain said Cruz had never spoken with him about it at all.
“Ask him how he communicated with me because I’d be very interested. Who knows what I’m missing?” McCain said to a group of reporters in the Capitol, according to The Hill. “Maybe it was through some medium that I’m not familiar with. Maybe bouncing it off the ozone layer, for all I know. There’s a lot of holes in the ozone layer, so maybe it wasn’t the ozone layer that he bounced it off of. Maybe it was through hand telegraph, maybe sign language, who knows?”
Cruz later acknowledged he “may have misspoken” about his outreach to McCain. Cruz’s office did not respond to requests for comment on his Fort Hood remarks.
By: Patricia Murphy, The National Memo, May 16, 2015
“Men Of The People”: Multiple GOP Presidential Candidates Now Investigating Nutball Conspiracy Theory
As we discussed last week, conspiracy theorists in Texas are convinced that a multi-state training exercise the military is soon to conduct called Jade Helm is actually preparation for the declaration of martial law across the Southwest, with all manner of ungodly consequences to follow, including the confiscation of people’s guns and perhaps forced internment in re-education camps where patriotic Americans are forced to watch episodes of “Girls” with their eyes pried open “Clockwork Orange”-style and fed a diet of borscht and stale bread. Governor Greg Abbott, perhaps after noting continued healthy sales of tinfoil hats throughout the Lone Star State, announced that he had instructed the National Guard to “monitor” the exercise, just to make sure there’s no funny stuff going on. Last week Rand Paul told a radio host he’d look into it, and on Saturday, Ted Cruz made clear that he’s on the case:
“My office has reached out to the Pentagon to inquire about this exercise,” Cruz, a Texas senator, told Bloomberg at the South Carolina Republican Party’s annual convention. “We are assured it is a military training exercise. I have no reason to doubt those assurances, but I understand the reason for concern and uncertainty, because when the federal government has not demonstrated itself to be trustworthy in this administration, the natural consequence is that many citizens don’t trust what it is saying.”
If the question you’re asking is, “Why would people believe something so preposterous?”, then what Cruz is saying almost makes sense. His argument is essentially that ordinary folks would never have contemplated such a thing a few years ago, but after Barack Obama went on his socialist rampage, trying to get people health coverage and imposing restrictions on Wall Street’s ability to obliterate the American economy again, it’s only natural that people would become so alarmed that it seems perfectly plausible to them that Obama would have sent the army to take over Texas.
But there’s a big difference between saying “Here’s an explanation for why some people might be taken with this insane idea” and saying “I too am taken with this insane idea.” Cruz is planting himself somewhere in the middle — he’s not endorsing it, but he’s not dismissing it either, which is why he instructed his staff to communicate with the Pentagon and inquire whether they are in fact about to launch some kind of coup.
Not only does Cruz not come out and say the conspiracy theory is absurd (he only goes so far as to say that “I have no reason to doubt” that martial law is not in the works), he seems to imply that it’s perfectly reasonable, based on the Obama administration’s record, for people to assume that something like that would actually be happening.
But it isn’t. You can have a thousand objections to actions this president has undertaken, but if you genuinely think that an army training exercise is actually a cover for a military coup, you’re a loon and there is not a single reasonable thing about what you believe. Like Greg Abbott and Rand Paul, Ted Cruz knows perfectly well how crazy this is. But he’s a man of the people, so he’ll just pass on what the people are telling him.
By: Paul Waldman, Senior Writer, The American Prospect, May 4, 2015
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