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“This Is No Small Development”: Supreme Court Split Saves Public-Sector Unions

Republicans have made no secret of the fact that they fear the Supreme Court moving to the left, even a little, in the wake of Antonin Scalia’s death. But we were reminded this morning that in the late justice’s absence, the high court’s capacity for conservative change has already been curtailed.

CNBC reported on the release of a decision that wasn’t expected until June.

The U.S. Supreme Court on Tuesday split 4-4 on a conservative legal challenge to a vital source of funds for organized labor, affirming a lower-court ruling that allowed California to force non-union workers to pay fees to public-employee unions.

The court, shorthanded after the Feb. 13 death of conservative Justice Antonin Scalia and evenly divided with four liberal and four conservative members, left intact a 1977 legal precedent that allowed such fees, which add up to millions of dollars a year for unions.

The case is called Friedrichs v. California Teachers Association, and the Supreme Court’s “decision,” such as it is, has been posted online here. It’s extraordinarily brief, however: it reads in its entirety, “Per Curium. The judgment is affirmed by an equally divided Court.”

This is no small development. At issue in this case was a seemingly obscure issue – public-sector unions’ “agency fees” – but while this may seem like a tangential dispute, the outcome had the potential to disrupt many labor unions nationwide.

Revisiting our previous coverageThe New Republic’s Elizabeth Bruenig summarized the issue this way:

Agency fees work like this: Public sector unions are required to cover all employees in a given bargaining unit, whether the employees opt into union membership or not. Public sector employees (which include EMTs, firefighters, public school teachers, social workers, and more) thus pay agency fees to their respective unions even if they are not union members, because public sector unions work on behalf of everyone in their bargaining unit, not just union members.

Agency fees do not fund unions’ political activities, but rather strictly the costs of union grievance-handling, organizing, and collective bargaining. In the 1977 case Abood v. Detroit Board of Education, the Supreme Court upheld the right of public sector unions to extract agency fees from public sector workers, and found that agency fees do not violate employees’ freedom of speech, so long as they do not fund unions’ political activities.

The trouble, according to many on the right, is that literally everything unions do – even collective bargaining itself – is inherently political, even if it’s unrelated to campaign activities. As a result, the Friedrichs case offered the justices an opportunity to overturn the Abood precedent.

And if Scalia had lived, that’s almost certainly what the justices would have done in a 5-4 decision. Instead, the court was evenly split.

Make no mistake: this case represented a major threat to the existence of unions that rely on agency fees. Had the court sided with the right, public-sector unions would still bargain on behalf of public-sector workers – union members and non-members alike – but workers’ dues would have been voluntary.

This case will go back to the Supreme Court again in the not-too-distant future, but for now, a 4-4 split saved public-sector unions, leaving them to fight another day.

 

By: Steve Benen, The Maddow Blog, March 29, 2016

March 30, 2016 Posted by | Public Sector Unions, Republicans, SCOTUS | , , , , , , | Leave a comment

“Big Math v. ‘Big Mo'”: Despite Talk Of The Big Mo, It Really Is About The Big Math

Way back in 1980, when Ronald Reagan and George H.W. Bush were running for president, Bush heralded his Iowa victory by declaring he had “the Big Mo” — momentum — that would carry him to the presidency.

Other states and the math intervened, and he became Reagan’s vice president instead.

Bernie Sanders is talking a lot about the Big Mo after his victories in five western states. If I were in his position, I would probably be doing the same thing. It helps him raise money and continue the battle for the next several months.

But Hillary’s sweep of five major states on March 15th wasn’t exactly chopped liver either, nor were her overwhelming wins in southern states. The difference is that Hillary has been racking up the delegates. The math is on her side.

Right now, according to RealClearPolitics, she has 1,712 delegates and Sanders has 1,004 (including superdelegates). For Hillary to reach the magic number of 2,382, she needs 670 more. Sanders will need 1,378 – over twice as many as Clinton.

There are over 1,700 delegates in upcoming states still to be chosen, plus over 200 superdelegates yet to declare whom they will support. Of those superdelegates who have declared, Clinton has 469, and Sanders has 29. That is a big math problem unless, somehow, delegates change their mind and support Sanders. Clearly, that is his hope.

But here is his problem: Even if he wins a number of states and scores some upsets, these are likely to be close races, and delegates will be split fairly evenly. From April 6 in Wisconsin until April 26 (with New York in between), there will be 710 delegates chosen. Other states include Maryland, Connecticut, Delaware, Pennsylvania, Rhode Island and Wyoming. Clinton is likely to win at least half of these delegates, if not more. None of the major states should be blowout races for Sanders, like the caucus states in the West. Or, for that matter, blowout states for Clinton, like the deep South.

So for the sake of argument, let’s give Hillary Clinton 350 delegates between now and April 26; that brings her total up to 2,062, without additional superdelegates who may come over to her side. She will be 320 votes from the magic number of 2,382. If she wins 400 delegates in the next month, she will be only 270 votes short.

The pressure on the other 214 superdelegates to go over to the Clinton side will mount. Funny how politicians like to be the ones to put a candidate over the top or close to over the top.

The next big day with six states, June 7, has 694 delegates, with California selecting 475 and New Jersey 126. Again, assuming Clinton and Sanders are going back and forth winning states, Clinton will need only a portion of those delegates to secure the nomination.

If Clinton wins out in most of these states, pressure will mount on Sanders to unify the party after April 26, though he could easily choose to keep on until June 7. He will probably have the money, and he has focused a lot of energy on California. That is, rightly, his choice.

Clinton’s path to the nomination may have a few more curves and bumps, but it looks pretty straightforward. The delegate math is the delegate math. Barring a catastrophe for Clinton and superdelegates leaving her en masse, it is doubtful the trajectory of this race will change.

Despite talk of the Big Mo, it really is about the Big Math.

 

By: Peter Fenn, Democratic Political Strategist and Head of Fenn Communications; U. S. News and World Report, March 28, 2016

March 30, 2016 Posted by | Bernie Sanders, Democratic Presidential Primaries, Hillary Clinton | , , , , | Leave a comment

“Billionaires Try To Buy The Supreme Court”: Hiding Behind Tax Laws To Avoid Revealing Their Identities

“Let the people decide” is the refrain of Republicans opposed to holding hearings for Supreme Court nominee Judge Merrick Garland, but they’re being bankrolled by an anonymous collection of billionaires—1 percenters so cowardly that they’re hiding behind tax laws to avoid revealing their identities.

Case in point: the “Judicial Crisis Network,” the right-wing front organization doing ad buys across the country to oppose Judge Garland getting a hearing. JCN is one of many 501(c)(4) “social welfare” organizations on the right and the left, and C4s don’t have to disclose their donors.That is the major reason that political spending by C4s increased more than 8,000 percent between 2004 and 2012.

That doesn’t mean we don’t know anything about C4’s like JCN, however. Thanks to a 2015 investigation by the non-partisan Center for Responsive Politics, we do know it was started in 2005 (as the “Judicial Confirmation network” meant to promote Bush’s judicial appointees) by a group of arch-conservatives including Ann Corkery. Corkery isn’t listed on the JCN’s website, perhaps because the group doesn’t want “the people” to know she is also member of the far-right, literally self-flagellating Catholic order Opus Dei; a former director of Bill Donohue’s ultra-right Catholic League; and a board member of Hobby Lobby’s law firm, The Becket Fund, although her bio has been removed from Becket’s website too.

Conveniently, Corkery also directs JCN’s leading funder, the Wellspring Committee.

Who funds the Wellspring Committee? Well, here’s where things get interesting.

Turns out, Wellspring was founded in 2008 by none other than the infamous Charles and David Koch, together with their political Svengali, Richard Fink. According to Kenneth Vogel, author of the book Big Money: 2.5 Billion Dollars, One Suspicious Vehicle, and a Pimp, Wellspring raised $10 million from attendees at the Kochs’ donor seminars, right after it was founded.

How much and from whom we don’t know.

And that’s precisely the point. Indeed, so secretive is the Wellspring Committee that Jane Mayer’s masterful 449-page tome on the Kochs, Scaifes, and other mega-donors doesn’t even mention it. One insider told Vogel, “Wellspring would never have put their name on anything.”

And these are the people saying “let the people decide.”

From the beginning, Wellspring was set up as a dark-money conduit, effectively laundering billionaire donations so no one would have to be accountable for them. Wellspring donated $7.8 million in 2008, for example, in part to other Koch-funded fronts like Americans for Prosperity.

But Wellspring was different in one key respect. Unlike most of the libertarian “Kochtopus”—which would eventually fund the Astroturf Tea Party movement—Wellspring worked closely with the Republican establishment. Corkery herself was a co-chair of the National Women for Mitt Finance Committee. The operations were initially run by Rick Wiley, a former Republican National Committee official. Wellspring also coordinated with Republican mega-donors, including Sheldon Adelson’s Freedom’s Watch.

The marriage didn’t last long, though. After the 2008 election loss, the Koch brothers turned back to their roots, funding front groups like Americans for Prosperity and Center to Protect Patient Rights to oppose Obamacare and the Tea Party movement to oppose mainstream Republicans.

From 2008 to 2011, Wellspring raised $24 million but not one donor’s name is known. (There are rumors that its funders now include the Templeton Foundation and hedge fund mogul Paul Singer, both contacts of Corkery’s.) Intriguingly, however, 10 of Wellspring’s grantees (in the period 2008-11) also received money from the Koch-funded Center to Protect Patient Rights, and Wellspring works with consultants who used to work with Koch Industries.

Whoever is paying for it, we do know that Wellspring is giving JCN $7 million a year, the lion’s share of that group’s budget, and that Corkery’s husband Neil is JCN’s treasurer. JCN, in turn, announced a $3 million campaign to oppose any Supreme Court confirmation hearings—just the latest of its big spends on judicial battles across the country.

In other words, the leading opponents of Judge Garland’s confirmation aren’t citizens concerned about democracy, but a front organization started by a secretive religious extremist and funded by anonymous members of the Koch brothers’ network. Let the people decide, indeed.

Oh, and by the way, C4s like Wellspring and JCN can only spend up to 49.9 percent of their expenditures on politics: the rest is supposed to promote “social welfare.” But since a judicial campaign isn’t technically a political campaign, these expenditures actually count as Wellspring’s non-political “social welfare” expenses. Because of course this has nothing to do with politics.

The further one digs into this miasma of hypocrisy, wealth, and secrecy, the more incestuous it all becomes. For example, it turns out, according to the Center for Responsive Politics, that Neil Corkery, in addition to JCN, was also “president of its allied Judicial Education Project, and executive director of a charity called the Sudan Relief Fund, all of which paid him salaries; but he also drew paychecks from at least four other organizations: the anti-gay union National Organization for Marriage, ActRight Action, the Catholic Association Foundation, and Catholic Voices. His total earnings were almost $450,000 and his weekly workload was 105 hours in the first half of 2012.” He is also linked to the C4 group called the Annual Fund, itself launched in 2010 with a $2.4 million grant from Wellspring.

Sometimes the “vast, right-wing conspiracy” isn’t really that vast.

It is, however, deeply hypocritical. If the mantra of the anti-Garland crowd is “let the people decide,” why won’t they let the people know who they are? Why the layers of obfuscation and secrecy? If the Wellspring Committee funders really care about democracy, they’ll stop hiding behind tax regulations and shell corporations, and proudly disclose who they are and what they want to do.

Unless, of course, they know the people would decide to run them out of Washington.

 

By: Jay Michaelson, The Daily Beast, March 29, 2016

March 30, 2016 Posted by | Billionaires, Koch Brothers, Merrick Garland, U. S. Supreme Court | , , , , , , , | Leave a comment

The Radicalization Of The Republican Party: Seven Years Late, Media Elites Finally Acknowledge GOP’s Radical Ways

Now they tell us the Republican Party is to blame? That the Obama years haven’t been gummed up by Both Sides Are To Blame obstruction?

The truth is, anyone with clear vision recognized a long time ago that the GOP has transformed itself since 2009 into an increasingly radical political party, one built on complete and total obstruction. It’s a party designed to make governing difficult, if not impossible, and one that plotted seven years ago to shred decades of Beltway protocol and oppose every inch of Obama’s two terms. (“If he was for it, we had to be against it,” former Republican Ohio Sen. George Voinovich once explained.)

And for some of us, it didn’t take Donald Trump’s careening campaign to confirm the destructive state of the GOP. But if it’s the Trump circus that finally opens some pundits’ eyes, so be it.

Recently, Dan Balz, the senior political writer for the Washington Post, seemed to do just that while surveying the unfolding GOP wreckage as the party splinters over Trump’s rise. Balz specifically noted that four years ago political scholars Thomas Mann and Norman Ornstein examined the breakdown in American politics and zeroed in their blame squarely on Republicans.

“They were ahead of others in describing the underlying causes of polarization as asymmetrical, with the Republican Party — in particular its most hard-line faction — as deserving of far more of the blame for the breakdown in governing,” Balz acknowledged.

“We have been studying Washington politics and Congress for more than 40 years, and never have we seen them this dysfunctional,” Mann and Ornstein wrote in The Washington Post in 2012. “In our past writings, we have criticized both parties when we believed it was warranted. Today, however, we have no choice but to acknowledge that the core of the problem lies with the Republican Party.”

They continued:

The GOP has become an insurgent outlier in American politics. It is ideologically extreme; scornful of compromise; unmoved by conventional understanding of facts, evidence and science; and dismissive of the legitimacy of its political opposition.

Tough stuff.

And what was the Beltway media’s response when Ornstein and Mann squarely blamed Republicans during an election year for purposefully making governing impossible? Media elites suddenly lost Mann and Ornstein’s number, as the duo’s television appearances and calls for quotes quickly dried up. So did much of the media’s interest in Mann and Ornstein’s prescient book.

“This was far too much for the mainstream press,” noted New York University journalism professor Jay Rosen. “They couldn’t assimilate what Mann and Ornstein said AND maintain routines and assumptions that posited a rough symmetry between the two parties. (‘Both sides do it.’) It was too much dissonance. Too much wreckage. So they pushed it away.”

For anyone who still harbors the naïve notion that the political debates staged by the Beltway press represent freewheeling discussions where anything goes, the Mann/Ornstein episode helped shed some light on the fact that certain topics and analysis remain off limits for public debate for years — even topics that are accurate, fair and essential to understanding our government’s current dysfunction.

Mann and Ornstein stepped forward to accurately describe what was happening to the Republican Party and detailed the calamitous effect it had on our democracy, and the mainstream media turned away.

So committed was the pundit class to maintaining its safe narrative about “bipartisan gridlock” and Obama’s puzzling inability to find “middle ground” with Republicans (i.e. why doesn’t he just schmooze more?), the press was willing to ignore Mann and Ornstein’s solid, scholarly research in order to wish the problem away.

Quite predictably, that problem has only worsened since 2012, which is what Mann and Ornstein address in their latest offering, “It’s Even Worse Than It Was.”  

“It is the radicalization of the Republican party,” they recently wrote, “that has been the most significant and consequential change in American politics in recent decades.”

“The radicalization of the Republican party” — talk about the topic the Beltway press simply doesn’t want to dwell on, let alone acknowledge. Instead, the press has clung to its preferred narrative about how the GOP is filled with honest brokers who are waiting to work in good faith with the White House. Eager to maintain a political symmetry in which both sides are responsible for sparking conflict (i.e. center-right Republicans vs. center-left Democrats), the press effectively gave Republicans a pass and pretended their radical, obstructionist ways represented normal partisan pursuits. (They didn’t.)

Today’s Republican Party is acting in a way that defies all historic norms. We saw it with the GOP’s gun law obstruction, the Violence Against Women Act obstruction, the sequester obstruction, Supreme Court obstruction, minimum wage obstruction, 9/11 first responder obstruction, government shutdown obstruction, immigration reform obstruction, Chuck Hagel’s confirmation obstruction, Susan Rice secretary of state obstruction, paid leave obstruction, Hurricane Sandy emergency relief obstruction, the Clay Hunt Suicide Prevention for American Veterans Act obstruction, and the consistent obstruction of judicial nominees.

The 2014 obstruction of the Clay Hunt Suicide Prevention for American Veterans Act was especially galling, as a single Republican senator blocked a vote on the crucial veterans bill.

At the time of the bill’s blockade, Media Matters noted that there was virtually no coverage of the radical obstructionism on CNN, Fox News, ABC, CBS, NBC or PBS, as well as news blackouts in the nation’s six largest newspapers: The Wall Street Journal, The New York Times, USA Today, Los Angeles Times, New York Post, The Washington Post, Chicago Sun-Times, The Denver Post, and Chicago Tribune

In other words, the GOP’s radical brand of obstructionism not only doesn’t get highlighted as something notable, radical, and dangerous; it’s often met with a collective shrug as the press pretends these kind of nonstop impediments are commonplace.

As Obama works his way through his final year in office, at least pundits like Balz are highlighting that Mann and Ornstein (and yes, Media Matters) were right about the GOP and the asymmetrical blame the party deserves for trying to wreck our functioning government.

It’s never too late for truth telling.

 

By: Eric Boehlert, Media Matters For America, March 29, 2016

March 30, 2016 Posted by | GOP Obstructionism, Governing, Mainstream Media | , , , , , , , , | Leave a comment

“Trump’s Eerie Echoes Of The Ayatollah Khomeini”: We’re In A National Stupor, Drunk On Anger, Deaf And Blind To The Truth

For weeks, Donald Trump’s words “Win, win, win! We’re gonna win so much you’re gonna get bored with winning!” had been swirling in my head. They had become a rhetorical riddle my mind would not quit turning over. The eyes, stunned by what had all the trappings of a debut, proved easier to fool. But the ears suspected an encore performance they had heard before—the repetitive speech, the stunted and imperfect sentences where eloquence had been expected. Both in construct and theme, in the promise to deliver the undeliverable, for inherent to the nature of winning is the notion of exclusivity, the necessary absence of collectivity, Trump’s voice had a familiar echo.

Then a friend forwarded a clip of an archival link from February 1979. It was a short interview the late ABC News anchorman, Peter Jennings, had conducted with the leader of the Iranian revolution, Ayatollah Khomeini. They were aboard an Air France flight that was taking the leader to Tehran, where delirious millions had lined the streets to welcome him after 14 years in exile.

The Ayatollah who had brought the pious and the secular together was billed as the ultimate trifecta—at once a Shiite saint (an imam, a position to which he was elevated upon landing), the local equivalent of Mahatma Gandhi for opposing the monarchy, and the most visible heir to the lyrical tradition which had produced Rumi and Omar Khayyam.

Taking my lead from the nation, I was ripe to fall in love with the leader despite all that was unlovable about him—the dark robe, the unruly gray beard, the ascetic eyebrows that never parted. Still, glued to the television, I was yearning to hear what that homebound repository of public hope had to say.

“Please kindly tell us,” asked Peter Jennings, “how you feel about your return to Iran?”

“Nothing!” said our turbaned Odysseus.

The suave translator, Sadegh Ghotbzadeh, hailed as “one of his own” by the very imam who ordered his execution a few years later, turned “nothing” into “no comment” for the camera.

Jennings persisted: “Is he sad, happy?”

Again, no comment!

“Nothing!” should have alarmed everyone. That unfeeling answer foretold the unfeeling man who thereafter proved capable of carrying out some of the most heartless acts in modern Iran. The Ayatollah could not have been more forthcoming. The trouble was that we, Iranians, were in a national stupor, drunk on anger, deaf and blind to the truth even as it marched across our television screens and brazenly spoke to us. That anger led to a collective ecstasy whose tide Iranians rode into a historic deception.

Hours after landing, the Ayatollah gave his first speech in Tehran’s major cemetery, of all places. His choice of a venue also foreshadowed the decimation that would follow. But our intoxication would not yield to thinking, nor lift by reason.

There was no trace of Rumi in that speech. If anything, Rumi was turning in his grave hearing the Persian syntax so wildly violated. That day, the Ayatollah promised: “We will build homes. But don’t be satisfied with just that. We will make water and electricity free for the poor. We will make public transportation free for the poor. But don’t be satisfied with just that. … We will build this world, and the after-life.”

He also promised to (38 years later I still cringe) “whack the government in the mouth.” In subsequent speeches, he dubbed the United States the Great Satan and put forth his foreign policy agenda for dealing with the world’s greatest power: “It [America] can’t do a damn thing!” That belligerent gesture brought Iran to a nadir in its diplomatic history, to the notorious hostage crisis of 1979.

The heedless students who scaled the walls of the U.S. compound that November have since regretted their act, for they learned that wrecking relations takes only hours, while building them takes decades.

The protesters who chant “build that wall” at rallies throughout America are bound for a similar lesson.

For the same reasons the Ayatollah openly detested the educated, Mr. Trump loves the uneducated. Needless to say that neither public transportation, nor water and electricity ever became free for any Iranian, just in the same way that all Americans are unlikely to turn into winners. Americans often ask why Iranians, who seem to be so far above their regime, do not revolt to overthrow that regime. The answer, in great part, is that the hangover from the previous one gone so awry still lingers.

A few years ago, I swore allegiance to the flag of the United States and promised to protect it against any threats. I see one now. Therefore, this essay.

 

By: Roya Hakakian, The Daily Beast, March 29, 2016

March 30, 2016 Posted by | Ayatollah Khomeini, Donald Trump, International Relations | , , , , , , | Leave a comment