“On His Extremist Island”: Clarence Thomas Would Turn Back The Clock
In yesterday’s Supreme Court ruling on official government prayers at town-council meetings, Justice Anthony Kennedy wrote the 5-4 decision arguing that such practices are permissible under the First Amendment. There was a separate concurring opinion from Justices Samuel Alito and Antonin Scalia, but then Justice Clarence Thomas decided to go further than any of his colleagues.
As Dahlia Lithwick noted, Thomas made the case “that in his view the First Amendment religion clauses don’t apply to the states in the first place.”
Wait, really? Yep, that’s what Thomas actually believes.
…Thomas couldn’t get Scalia’s signature for another part of his dissenting opinion, in which Thomas – not for the first time – disputes the notion that the 1st Amendment’s ban on the “establishment” of religion even applies to state and local governments.
Here’s the deal: the first 16 words of the First Amendment reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Nearly a century ago, under something called the incorporation doctrine, courts ruled that most of the Bill of Rights applies to state and local government, too.
In other words, under the literal text of the Constitution, Congress can’t pass laws interfering in religion, abridging the freedom of speech, or undermining a free press, but once the Bill of Rights was applied more broadly, neither can states or municipalities.
Thomas, however, wants to turn back the clock. If policymakers in your state chose today to establish Christianity as the official state religion, Clarence Thomas believes that would be entirely permissible under the First Amendment. So long as Congress didn’t pass the law, he says, it’s kosher.
Even Scalia, hardly a moderate, seems to think that’s nutty, but Thomas just doesn’t care.
As Michael McGough’s report added, “Thomas has argued, the Establishment Clause ‘is best understood as a federalism provision – it protects state establishments from federal interference but does not protect any individual right.’”
This is clearly quite radical, even by contemporary standards, though Thomas isn’t entirely alone on his extremist island – it was just last year when North Carolina Republicans considered legislation that read, “The North Carolina General Assembly does not recognize federal court rulings which prohibit and otherwise regulate the State of North Carolina, its public schools, or any political subdivisions of the State from making laws respecting an establishment of religion.”
That bill ultimately failed, as did Thomas’ effort to find justices who would endorse his perspective, but as conservative politics moves sharply to the right, it’ll be worth watching to see just how many Republican officials end up embracing this argument.
By: Steve Benen, The Maddow Blog, May 6, 2014
“Neutral, Generic Blessings?”: Get Prayer Out Of The Churches And Back In The Public Square Where It Belongs!
Maybe it’s something I retained from my early training as a Southern Baptist, way back when members of that denomination, believe it or not, hewed closely to Roger Williams’ doctrine of strict separation of church and state. But every time increasingly conservative courts make fresh accommodations for state-sanctioned religious expressions, as SCOTUS did yesterday in Town of Greece v. Galloway, I have an adverse reaction from a religious point of view.
As Dahlia Lithwick points out at Slate, the majority opinion in the 5-4 decision goes well out of its way to emphasize the banality of prayers at town meetings and other public events:
There will be a good deal of bitterness in the coming days among members of religious minorities and majorities who believe that the Town of Greece decision is just or unjust depending largely on how they feel about sectarian Christian prayers. But stepping back from the specific arguments of the plurality and dissent, it’s fascinating to see how Kennedy and Justice Samuel Alito relentlessly characterize religion as an essentially peaceful, civilizing, lofty influence that seems to have more to do with social politeness than religious zeal. Kennedy’s majority opinion contains the complete text of four prayers, presumably to calm and unify his stressed-out reader, and he writes lovingly of prayer that is “solemn and respectful in tone, that invites lawmakers to reflect upon shared ideals and common ends before they embark on the fractious business of governing.” He seems unaware that for every solemn and respectful prayer, America offers up dozens of fiery, judgmental, even violent ones.
And yes, Americans also offer up soul-wrenching, spiritually deep, and challenging prayers, too. Cheapening prayer into a “neutral,” generic blessing of secular proceedings offends me as much as sanctioning sectarian expressions because most people in a given community more or less belong to a particular faith, which appears to have been the case in Greece, New York.
Had I been on the Court, I would have probably filed a dissenting opinion urging the reversal of Marsh v. Chambers, the 1983 precedent which basically authorized generic public prayers to a generic God, instead of expanding Marsh to include “non-coercive” sectarian prayers, as the majority did, or drawing the line at prayers so empty as to be deemed non-sectarian, as the dissenters did.
Corporate prayer is meaningless if it does not invoke the beliefs of the community for which it is offered. That is why it belongs in gatherings of believers (and those who for whatever reason–say attendance at a wedding or funeral–are voluntarily participating in a religious event). Yes, throughout the centuries there have been many religious believers who reject the very idea of a “secular” realm, but that is unmistakably alien to American traditions, much as latter-day “constitutional conservatives” try to demonstrate otherwise in their audacious efforts to turn Jefferson into a theocrat.
So let’s don’t assume the only Americans who object to the kind of public prayers sanctioned by Town of Greece–or for that matter, Marsh–are members of religious minorities or unbelievers, justified as they are in the exclusion they feel in public events blessed according to rites they do not accept. Some wag years ago mock-thundered that it was “time to get prayer out of the churches and back in the schools where they belong.” That’s exactly how I react to the the whole “religious expression in the public square” movement. It’s offensive to those who pray as much as to those who don’t.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, May 6, 2014
“An Election-Year ‘Hustle The-Base’ Strategy”: Democrats Should Boycott Latest Benghazi Charade
House Minority Leader Nancy Pelosi is trying to make the GOP’s latest Benghazi theater more than partisan drama by asking Speaker John Boehner to appoint an equal number of Democrats and Republicans to the new “investigative” panel he’s convening. The speaker is unlikely to do that, so Democrats should boycott this latest GOP fundraising stunt.
Five House committees have already investigated the Benghazi tragedy and issued biased reports; there have been two Senate committee reports plus the Accountability Review Board’s findings. The bipartisan reports found errors on the part of State Department personnel and recommended staffing and other changes. But because none of the investigations were able to charge then-Secretary of State Hillary Clinton with incompetence, or prove that President Obama tried to cover up the truth to get re-elected, Republicans won’t believe them, and insist there’s more to “investigate.”
Thus we have the latest House Benghazi stunt – and Democrats should stay away from it. There’s precedent for boycotting such a panel: Dems did so in 2005, when Republicans organized a sham “investigation” into how President Bush handled the Katrina catastrophe, when it became clear the effort was meant to be a whitewash, not a thorough probe.
I admit, Benghazi is to progressives what climate change is to conservatives: No matter how much the right wing shrieks about it, and purports to have new evidence of wrongdoing, we don’t believe it. The difference is, progressives are right. The notion that a newly uncovered email from national security communications staffer Ben Rhodes “necessitated” this latest investigation is another partisan cover story.
On one level, the new committee is actually a rebuke to histrionic House Oversight Committee chair Darrell Issa, whose many forays into the swamp of Benghazi conspiracy theories uncovered nothing to hurt Democrats, not even the Rhodes email. As ranking Democrat Elijah Cummings has pointed out, Issa denied Democratic members the most basic tools with which to participate in his committee’s sham investigation:
Over the past year, House Republicans have conducted their Benghazi investigation in a completely partisan manner by denying access to hearing witnesses, leaking cherry-picked excerpts to create a false narrative, issuing unilateral subpoenas without Committee votes, releasing multiple partisan staff reports, excluding Democratic Members from fact-finding delegations to Libya in violation of the Speaker’s own rules, and launching unsubstantiated accusations that turn out to be completely false. So I do not have much faith that a new select committee will be any different.
The new committee won’t have any more power than Issa’s did. And there’s no reason to believe chairman Trey Gowdy will be smarter or fairer than Issa (check out Simon Moloy’s profile here.) Gowdy is the Oversight Committee member who has set his hectoring of witnesses to action-movie music and posted it to You Tube. He is likely to out-Issa Darrell Issa.
There’s possible political risk in boycotting the Gowdy charade. “Some of these hearings are going to be televised,” political scientist Norman Ornstein told the Washington Post’s Greg Sargent. “The question is, does it make more sense to be in there, participating in the process and pointing out Republican overkill again and again, or does it make more sense to further destroy the image of the committee by staying out of it?”
It’s true that as the Oversight Committee’s leading Democrat, Cummings has been able to regularly thwart Issa and counter the chair’s allegations in the media. But he did so at a constant disadvantage, since he was shut out of the investigative process by Issa. There’s no reason to expect Gowdy to treat Democrats any differently. (Cummings’ office says he has not yet taken a position on the boycott idea.)
Gowdy’s committee is best understood as as a base-energizing fundraising tool for the GOP, part of what Politico’s Michael Hirsch calls “the Benghazi industrial complex,” engineered to damage Clinton so much she either can’t run for president or decides it’s not worth the pain. Of course, Benghazi fever hasn’t spread beyond the fever swamps of Obama hatred that afflict the GOP’s far-right base. But that’s enough to keep it alive, and potentially make it a potent midterm-election organizing tool. House Democrats should make that role clear by boycotting it.
By: Joan Walsh, Editor at Large, Salon, May 6, 2014
“Inventing A Failure”: Republican Lies, Damned Lies And In This Case, Bogus Statistics
Last week, House Republicans released a deliberately misleading report on the status of health reform, crudely rigging the numbers to sustain the illusion of failure in the face of unexpected success. Are you shocked?
You aren’t, but you should be. Mainstream politicians didn’t always try to advance their agenda through lies, damned lies and — in this case — bogus statistics. And the fact that this has become standard operating procedure for a major party bodes ill for America’s future.
About that report: The really big policy news of 2014, at least so far, is the spectacular recovery of the Affordable Care Act from its stumbling start, thanks to an extraordinary late surge that took enrollment beyond early projections. The age mix of enrollees has improved; insurance companies are broadly satisfied with the risk pool. Multiple independent surveys confirm that the percentage of Americans without health insurance has already declined substantially, and there’s every reason to believe that over the next two years the act will meet its overall goals, except in states that refuse to expand Medicaid.
This is a problem for Republicans, who have bet the ranch on the proposition that health reform is an unfixable failure. “Nobody can make Obamacare work,” declared Eric Cantor, the House majority leader, a couple of weeks ago (when it was already obvious that it was working pretty well). How can they respond to good news?
Well, they could graciously admit that they were wrong, and offer constructive suggestions about how to make the law work even better. Oh, sorry — I forgot that I wasn’t writing jokes for the White House Correspondents’ Dinner.
No, they have in fact continued to do what they’ve been doing ever since the news on Obamacare started turning positive: sling as much mud as possible at health reform, in the hope that some of it sticks. Premiums were soaring, they declared, when they have actually come in below projections. Millions of people were losing coverage, they insisted, when the great bulk of those whose policies were canceled simply replaced them with new policies. The Obama administration was cooking the books, they cried (projection, anyone?). And, of course, they keep peddling horror stories about people suffering terribly from Obamacare, not one of which has actually withstood scrutiny.
Now comes the latest claim — that many of the people who signed up for insurance aren’t actually paying their premiums. Obviously this claim is part of a continuing pattern. It also, however, involves a change in tactics. Previous attacks on Obamacare were pretty much fact-free; this time the claim was backed by an actual survey purporting to show that a third of enrollees hadn’t paid their first premium.
But the survey was rigged. (Are you surprised?) It asked insurers how many enrollees had paid their first premium; it ignored the fact that the first premium wasn’t even due for the millions of people who signed up for insurance after March 15.
And the fact that the survey was so transparently rigged is a smoking gun, proving that the attacks on Obamacare aren’t just bogus; they’re deliberately bogus. The staffers who set up that survey knew enough about the numbers to skew them, which meant that they have to have known that Obamacare is actually doing O.K.
So why are Republicans doing this? Sad to say, there’s method in their fraudulence.
First of all, it fires up the base. After this latest exercise in deception, we can be fairly sure that Republican leaders know perfectly well that Obamacare has failed to fail. But the party faithful don’t. Like anyone who writes about these issues, I get vast amounts of mail from people who know, just know, that insurance premiums are skyrocketing, that far more people have lost insurance because of Obummercare than have gained it, that all the horror stories are real, and that anyone who says otherwise is just a liberal shill.
Beyond that, the constant harping on alleged failure works as innuendo even if each individual claim collapses in the face of evidence. A recent poll by the Kaiser Family Foundation found that a majority of Americans know that more than eight million people enrolled in health exchanges; but it also found a majority of respondents believing that this was below expectations, and that the law was working badly.
So Republicans are spreading disinformation about health reform because it works, and because they can — there is no sign that they pay any political price when their accusations are proved false.
And that observation should scare you. What happens to the Congressional Budget Office if a party that has learned that lying about numbers works takes full control of Congress? What happens if it regains the White House, too? Nothing good, that’s for sure.
By: Paul Krugman, Op-Ed Columnist, The New York Times, May 4, 2014
“The Four Biggest Right-Wing Lies About Inequality”: Don’t Listen To All Those Right-Wing Lies
Even though French economist Thomas Piketty has made an air-tight case that we’re heading toward levels of inequality not seen since the days of the nineteenth-century robber barons, right-wing conservatives haven’t stopped lying about what’s happening and what to do about it.
Herewith, the four biggest right-wing lies about inequality, followed by the truth.
Lie number one: The rich and CEOs are America’s job creators. So we dare not tax them.
The truth is the middle class and poor are the job-creators through their purchases of goods and services. If they don’t have enough purchasing power because they’re not paid enough, companies won’t create more jobs and economy won’t grow.
We’ve endured the most anemic recovery on record because most Americans don’t have enough money to get the economy out of first gear. The economy is barely growing and real wages continue to drop.
We keep having false dawns. An average of 200,000 jobs were created in the United States over the last three months, but huge numbers of Americans continue to drop out of the labor force.
Lie number two: People are paid what they’re worth in the market. So we shouldn’t tamper with pay.
The facts contradict this. CEOs who got 30 times the pay of typical workers forty years ago now get 300 times their pay not because they’ve done such a great job but because they control their compensation committees and their stock options have ballooned.
Meanwhile, most American workers earn less today than they did forty years ago, adjusted for inflation, not because they’re working less hard now but because they don’t have strong unions bargaining for them.
More than a third of all workers in the private sector were unionized forty years ago; now, fewer than 7 percent belong to a union.
Lie number three: Anyone can make it in America with enough guts, gumption, and intelligence. So we don’t need to do anything for poor and lower-middle class kids.
The truth is we do less than nothing for poor and lower-middle class kids. Their schools don’t have enough teachers or staff, their textbooks are outdated, they lack science labs, their school buildings are falling apart.
We’re the only rich nation to spend less educating poor kids than we do educating kids from wealthy families.
All told, 42 percent of children born to poor families will still be in poverty as adults – a higher percent than in any other advanced nation.
Lie number four: Increasing the minimum wage will result in fewer jobs. So we shouldn’t raise it.
In fact, studies show that increases in the minimum wage put more money in the pockets of people who will spend it – resulting in more jobs, and counteracting any negative employment effects of an increase in the minimum.
Three of my colleagues here at the University of California at Berkeley — Arindrajit Dube, T. William Lester, and Michael Reich – have compared adjacent counties and communities across the United States, some with higher minimum wages than others but similar in every other way.
They found no loss of jobs in those with the higher minimums.
The truth is, America’s lurch toward widening inequality can be reversed. But doing so will require bold political steps.
At the least, the rich must pay higher taxes in order to pay for better-quality education for kids from poor and middle-class families. Labor unions must be strengthened, especially in lower-wage occupations, in order to give workers the bargaining power they need to get better pay. And the minimum wage must be raised.
Don’t listen to the right-wing lies about inequality. Know the truth, and act on it.
By: Robert Reich, The Robert Reich Blog, May 5, 2014
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