“This SCOTUS Destroyed America”: How Citizens United Is Ruining More Than Our Elections
In the years since conservative Supreme Court Justice Anthony Kennedy’s landmark Citizens United v. FEC decision gave wealthy interests the political power they’d apparently lacked, the media has mostly been interested in how the ruling was affecting elections. On the presidential level, the consensus, at least among political scientists, is that the impact has been marginal. But in less rarefied air, like the grubby environs of Congressional campaigns or the sometimes sordid realm of state and municipal politics, the consequences of the ruling have been substantial. It is quite likely that dozens of state governments in the U.S. will reflect Kennedy’s vision — as well as that of the Koch brothers — for decades to come.
What has gone less-examined, however, is the role that dark money — which is spending by groups that are supposedly devoted to “social welfare,” and that consequently don’t have to reveal their donors — has played since 2010 in the crafting of legislation. This is somewhat odd, in retrospect, since the ostensible point of winning an election, after all, is to legislate. But perhaps the political and media class’s lack of attention to the new reality of sausage-making can be attributed to a campaign-finance version of climate change fatalism. One can gaze up at only so many seemingly insurmountable obstacles before wondering if one’s time would be better spent coming to terms with giving up.
And make no mistake: The reality of lawmaking in post-Citizens United Washington is enough to make even the most stalwart campaign finance reformers wonder if their advocacy and organizing is little more than professionalized windmill tilting. As the Huffington Post showed this week in a lengthy, impressive and profoundly dispiriting report, the walls separating the interests of the wealthy from the legislative process that a century of reformers fought to build have been leveled. They were never as lofty or sturdy as reformers would have wished, of course. But they now exist as little more than rubble and dust.
One of the things the report from HuffPo’s Paul Blumenthal and Ryan Grim makes clear is the way Citizens United’s pernicious effect on lawmaking is at once deliberately opaque and ploddingly simple. To take one of the many examples of now-kosher corruption they detail as a case in point, look at the story of the Property Casualty Insurers Association of America (PCI) and the 2014 election. Blumenthal and Grim note that PCI is lucky enough to have two former aides to Speaker of the House John Boehner on its lobbying team. Even better for PCI, the trade group had the foresight to donate significant chunks of money as of late to pro-Republican outside groups: $185,000 since 2012, they report.
But they weren’t done there. In addition to all of those obviously stringless donations to arms of the GOP machine, PCI also decided to give $75,000 to Crossroads GPS, the Karl Rove-affiliated “social welfare” nonprofit, and $25,000 to the Kentucky Opportunity Coalition, a “non-partisan” nonprofit. Both organizations, according to HuffPo, are run by Steven Law, who just so happens to be a member of now-Senate Majority Leader Mitch McConnell’s “inner circle.” Incidentally, both groups also happened to spend large amounts of money to support McConnell in his 2014 campaign against Democrat Alison Lundergan Grimes. Outside groups spent $1.3 million in support of Grimes and $16.4 million in opposition, while McConnell got $5.7 million outsider bucks in his favor and $10.5 million going the other way.
For PCI, the pro-McConnell donations ended up being money well spent. McConnell obliterated Grimes after a campaign that had been, for the most part, surprisingly competitive. And because GOP Senate candidates in Iowa and Georgia, who also were supported by outside groups using PCI money, defeated their Democratic opponents, too, McConnell became the new majority leader of the Senate. And wouldn’t you know it, one of the first things the McConnell-run Senate did with the reins of power was to pass a provision rolling back capital standards on insurance companies that were implemented by Dodd-Frank. Believe it or not, this was an act of deregulation that PCI strongly supported.
Now, is this all proof that McConnell engaged in a quid pro quo with PCI and other members of the insurance industry? That the current Senate majority leader told the folks at PCI to make a gesture or two (or three, or 4,000) to show how much they care about supporting a “coalition” to enhance Kentucky’s “opportunity”? No, it’s not. It may be suggestive — and to the jaundiced eye, extremely so — but it’s hardly irrefutable evidence. As defenders of these types of arrangements are quick to note, it’s eminently possible that removing obscure provisions of Dodd-Frank just happens to be an issue on which the Kentucky senator and big insurance fortuitously agree.
But what’s lost in all the fuzziness, which Blumenthal and Grim deftly filter out, is that the world Justice Kennedy’s decision created was, by his own admission, supposed to be one in which even the appearance of corruption was negated. Democracy would suffer no harm, Kennedy assured us, by letting “independent” groups like Crossroads GPS or the Kentucky Opportunity Coalition spend at will with precious little regulation. “[I]ndependent expenditures do not lead to, or create the appearance of, quid pro quo corruption,” Kennedy writes in the majority opinion for Citizens United. “That speakers may have influence over or access to elected officials does not mean that those officials are corrupt,” he assures. “And the appearance of influence or access will not cause the electorate to lose faith in this democracy.”
At the time that the ruling was delivered, Kennedy’s faith that access and influence would not corrupt the system was exceeded in curiousness only by his belief that the American people would feel similarly. But as the years have passed, and as studies showing the U.S. to be a donor-run system akin to oligarchy have gone mainstream, his declaration has begun to make a bit more sense. Just so long as “the electorate” is defined as the lobbying industry and its clients, his prediction looks downright clairvoyant. I bet the fine people at the Property Casualty Insurers Association of America — who are probably investing right now in the Jeb Bush-affiliated Right to Rise “social welfare” group — would strongly agree.
By: Elias Isquith, Salon, February 28, 2015
“Polls Show Most Americans Favor Pathway To Citizenship”: GOP Continues To Be Held Hostage By Aging, Nativist Tea Partiers
With all the high drama in Washington over immigration, you’d think the fate of undocumented workers represented a cataclysmic political divide — an ever-widening chasm that cannot be bridged. But it doesn’t.
Polls have long shown that a majority of Americans favor a pathway to citizenship for those residents who entered the country illegally. But new data show that isn’t a matter of blue states overwhelming red ones. In fact, there isn’t a state in the union, from the bluest to the reddest, where a majority opposes a path to citizenship, provided certain criteria are met, for those without papers, according to the Public Religion Research Institute.
The PRRI has used its data to create an American Values Atlas that shows the political inclinations of voters in each state. Unsurprisingly, some states are more immigrant friendly than others. In California, for example, 66 percent support a path to citizenship for the undocumented. In crimson-red Alabama, that drops to 56 percent. But that’s still a majority.
Yet, that very pathway is the mechanism that congressional Republicans have denounced as “amnesty” and refused to support. House Speaker John Boehner’s caucus has declined even to hold a vote on a proposal for comprehensive immigration reform.
Last fall, when President Obama took action through executive orders to grant temporary papers to as many as 4 million immigrants who met certain criteria, Republicans were apoplectic, claiming he was violating the Constitution and behaving like a despot. They have used every instrument at their disposal, from lawsuits to a pitched battle over funding for the Department of Homeland Security, to overturn the president’s orders.
Yet even the president’s executive action on immigration is not as unpopular as you might think. While his decision to use executive powers does not draw universal support, the aim of his action does. Three-quarters of Americans favor his policy of granting temporary documents to certain groups of immigrants. Said Robert Jones, CEO of the institute, “In today’s polarized politics, there are few major issues that attract this kind of bipartisan and cross-religious agreement.”
It makes you wonder: Who are those congressional Republicans listening to? Why are they opposing a policy with widespread support, even among GOP voters? (While more Democrats — 70 percent, according to the PRRI — support a path to citizenship, 51 percent of Republicans do, as well.)
The answer is depressing, if not surprising: The Republican Party continues to be held hostage by an aging and nativist minority of Tea Partiers who cannot stomach the idea of a browning America. (It isn’t considered polite to point this out, but more Tea Partiers hold views that show racial resentment than the public at large. As just one example, a 2010 New York Times poll showed Tea Partiers are “more likely than the general public, and Republicans, to say that too much has been made of the problems facing black people.”)
Among those who identify with the Tea Party, only 37 percent support a pathway to citizenship, according to the PRRI poll. Twenty-three percent would give them legal residency, while 37 percent want to deport each and every one of them, the poll said. (Never mind the logistical and financial nightmare that trying to round up every undocumented resident would represent.)
This is a huge problem for the GOP, as its strategists have pointed out for years. The party cannot afford to alienate Latinos, a growing bloc, as they have alienated black voters with their resistance to civil rights measures.
So rather than pander to an ultraconservative and xenophobic minority, the Republican Party’s leaders ought to educate them about the need for comprehensive immigration reform. As a practical matter, demographic change is already preordained: By the year 2042, according to the U.S. Census, whites will no longer constitute a majority, no matter what happens to undocumented immigrants. The GOP needs the allegiance of more voters of color if it is to regain the Oval Office.
But there is more at stake here than the survival of a political party. The nation also needs those immigrants; it needs their energy, their youth, their hopes and dreams. We ought to welcome them with open arms.
By: Cynthia Tucker, Pulitzer Prize Winner for Commentary in 2007; The National Memo, March 2, 2015
“Upending The Status Quo”: How Obama Is Shrewdly Using Partisanship To Sideline Netanyahu And Save The Iran Nuclear Deal
The conventional wisdom is that partisanship in Washington, D.C., is one of the biggest obstacles to solving America’s most entrenched problems, from fixing the immigration system to closing the inequality gap. But if the fallout from Israeli Prime Minister Benjamin Netanyahu’s forthcoming address to Congress is any indication, partisanship can be a pretty useful tool when it comes to upending the status quo.
Throughout the controversy, the White House has been happy to run its relationship with Netanyahu through the partisan vortex, helping splinter a bipartisan consensus that was once the most potent domestic threat to a U.S. rapport with Iran — a deal that would constitute the crowning accomplishment of President Obama’s foreign policy legacy.
Of course, Netanyahu has himself to blame more than anyone. By accepting an invitation from House Speaker John Boehner (R-Ohio) to essentially hammer the administration before a joint session of Congress, without notifying the White House or the State Department, he took his longstanding disdain for Obama to new heights. When even Fox News anchors are questioning your treatment of the president, this may be a sign you have crossed a line.
He exacerbated his problems by rejecting an invitation from Democratic Sens. Dick Durbin (Ill.) and Dianne Feinstein (Calif.) to privately meet with Democrats, in what they said was an attempt to “balance the politically divisive invitation from Speaker Boehner.” Netanyahu explained that the meeting would “compound the misperception of partisanship regarding my upcoming visit,” but it seems his rejection accomplished that just fine on its own.
“Since when does an Israeli prime minister say no to a meeting with Democrats?” bemoaned a former Israeli official to The New York Times. And referring to Durbin and Feinstein, he said, “By the way, their Israeli voting record is impeccable. Not good, not very good, impeccable.”
This gets to the crux of the problem for Obama, as he potentially heads into the final stretch of a years-long attempt to reach a deal on Iran’s controversial nuclear program. He not only has to fend off opposition from Republicans, but staunch pro-Israel members of his own party, some of whom seem intent on passing additional sanctions on Iran to scuttle any deal. The problem is so acute that, as recently as January, Obama faced the prospect of a united Congress overriding his veto for the first time in his presidency.
But that has changed. By aligning himself so plainly with the GOP, Netanyahu may have made it impossible for Democrats to join the Republicans. As Dov Zakheim writes at Foreign Policy, “Netanyahu’s determination to address Congress has all but destroyed any chance the Hill’s passing new sanctions and overriding a presidential veto. The deal will therefore go ahead.”
The Obama administration appears to realize this, taking the fight to Netanyahu in a highly public way. The White House made clear it would snub Netanyahu, saying both Obama and Vice President Joe Biden would not meet with him. It still has not said who (if anyone) will be attending the annual summit this weekend of the American Israel Public Affairs Committee, the powerful pro-Israel lobby. [Update: Rice and Samantha Powers, the U.S. ambassador to the U.N., will attend.] Then this week, National Security Advisor Susan Rice said Netanyhu’s speech was “destructive” to U.S.-Israeli relations — not “unhelpful” or any other boilerplate diplomatic language, but “destructive.”
Then Secretary of State John Kerry used his testimony on Wednesday to the House Foreign Affairs Committee to remind everyone that Netanyahu supported the U.S. invasion of Iraq in 2003. Never mind that Kerry was for it before he was against it — he noted that Netanyahu is a hysterical hawk and associated the Israeli prime minister with the most divisive foreign policy issue of the last generation. After all, everyone knows that there is little rank-and-file Democrats hate more than the Iraq War and those who egged the Bush administration on. (Kerry’s attack was all the more remarkable given the fact that his friendship with Netanyahu goes back to the 1970s.)
This is all bad news for those who believe that a U.S. accord with Iran would spell doom for Israel. But for those who believe that diplomacy and negotiations are far better than the alternatives, they might have partisanship to thank.
By: Ryu Spaeth, The Week, February 27, 2015
“Just Do It And Move On”: John Boehner Can’t Bring Himself To Rip Off The Band-Aid
Mitch McConnell knows what John Boehner doesn’t, namely that when you have to do something painful, it’s best to get it over with quickly. Rip off the Band-aid, chop the zombie-bite-infected leg off with one blow, just do it and move on. But we’re a day away from a shutdown of the Department of Homeland Security, and Boehner can’t bring himself to do it.
So here’s the current status. McConnell decided that the Senate would take two votes, one on a “clean” DHS funding bill—i.e., one without a rider reversing President Obama’s executive actions on immigration—and one addressing just those executive actions. That way DHS stays open, Republicans get to cast their symbolic vote against Obama, and everybody goes home. The funding bill is already moving through. And of course, Tea Partiers are outraged (here’s one colorful post from Erick Erickson entitled “Eunuch Mitch McConnell Squeals Like a Pig“). Which, I’m pretty sure, doesn’t bother McConnell all that much, because he knows what’s in his party’s interest and what isn’t.
Boehner is still saying “nuh-uh!” But to what end? What does dragging this out actually accomplish for him? Here’s a report from Politico:
Boehner is playing a game of political survival. Most of his inner circle knows that the House will be forced to swallow a clean DHS funding bill at some point. But if the speaker wants to keep conservatives from launching a rebellion, it may be too early to capitulate. Boehner is aware of the perilous situation he’s facing—which is why, in private conversations with lawmakers, he’s telling them to “stay tuned” without tipping his hand on his next move.
Speaking to his caucus Wednesday, Boehner said he hadn’t spoken to McConnell in two weeks, an apparent attempt to distance himself from the Senate GOP leader’s plan. It seemed to highlight what will likely be an unfolding dynamic in the coming Congress, particularly over fiscal matters: The Senate will be forced to cut deals on politically toxic issues, and Boehner will ultimately be forced to accept them in order to avoid potential crises.
So the outcome is inevitable, but Boehner seems to be operating on the assumption that if he holds out a while longer, the crazy caucus will be less angry with him. And when has that ever worked? We’ve been through this multiple times now, and at the end of it they dislike him just as much as they did at the beginning.
There are three things Boehner could be thinking. The first is that if there’s a partial shutdown, the administration will give in and undo Obama’s executive actions. No one is dumb enough to believe that. The second is that he or someone else will have an extraordinary flash of insight and devise a clever stratagem that will get the Republicans everything they want. That’s possible in theory, but highly unlikely to say the least. The third is that this shutdown fight will end the same way all the other shutdown fights ended: with Boehner giving in and allowing a vote on a bill to end the crisis, a bill that passes with the support of Democrats. He will be decried as a capitulator and a RINO, and nothing will have changed.
But is Boehner really in a “perilous situation”? The reason he’s still the speaker isn’t that he’s done such a masterful job of keeping Tea Partiers happy. It’s that nobody else wants the job. When he retained the position in January, 25 Republicans voted for somebody else, but the votes were entirely symbolic. There’s no other candidate, there’s no rebellion planned. He’s secure in his miserable position.
So really, Mr. Speaker, just rip off the Band-aid. Hold the vote to fund DHS. We all know how this ends.
By: Paul Waldman, Contributing Writer, The American Prospect; Contributor, February 26, 2015
“Hey, Boehner; Show Some Stones For Once”: The Right Wing Is Toothless And Congress Is Essentially Leaderless
So here’s something I’ve often wondered over the last few years. What exactly would happen if John Boehner bucked the right-wingers in the House? You know—if he gave us one of those heroic Hollywood moments that we so long for in this sail-trimming city and gave a big speech about how he was putting principle ahead of politics and the consequences be damned.
You know what I think would happen? If, say, he followed Mitch McConnell’s lead and allowed a vote on a clean DHS-funding bill? After all the dust settled—nothing. Oh, the dust would fly to the heavens for a few days. Tea Partiers would scream about his betrayal. Rush Limbaugh and all the rest of them would fulminate. There’d be a few breathless stories about how his speakership was in mortal peril. And then, something else would happen in the news cycle, the intoxicating effect of the drug of munity would wear off, and we’d be back to exactly where we were before the dust went skyward.
We have a dysfunctional legislative system, and one of the hallmarks of a dysfunctional system—indeed the main hallmark of a dysfunctional system—is that no one is held accountable for anything they do. And there’s no reason to think Boehner would be held accountable by his right wing.
First of all, they don’t have the votes to oust him. In his last speakership election, 25 Republicans voted against him. That’s a chunk, but it’s a small chunk. And besides, who are they going to replace him with? Majority Leader Kevin McCarthy, who seems not able to count noses and who isn’t particularly well liked by his GOP colleagues? Majority Whip Steve Scalise, now branded as a white-supremacist sympathizer? One doesn’t expect much of today’s GOP, but I doubt very much that even this hardened assemblage would want to be led by a man with that charge hanging around his neck.
So the whole business is ridiculous. And in fact, if you look closely at the record, you see that Boehner has bucked his right wing. Although “bucked” isn’t really the right word, since to buck means to resist with some show of strength. Boehner never does that. What he does is that he hews to the right-wing line rhetorically for as long as he possibly can, and then, when it’s two minutes til midnight and it’s obvious to everyone that he has to bend, he bends. He did it on the debt ceiling. He does it on budget questions. And there’s always a great deal of sturm and drang, but soon enough, it’s back to business.
Think here about the famous Hastert Rule, that a Republican leader can’t bring anything to the floor that doesn’t have the support of a majority of the Republican majority. This has come up a number of times in the last four years, and always the line is: Oh my God, he can’t break the Hastert Rule! Dare he break the Hastert Rule? His speakership is in grave jeopardy if he breaks the Hastert Rule! No, Lord, not the Hastert Rule!!
Well, he’s broken the Hastert Rule three times. The first time was on the fiscal cliff negotiation at the beginning of 2013. On that one, 85 House Republicans voted for the compromise bill that emerged, and 151 of them voted against it. The second time was on Hurricane Sandy relief, which happened just a couple of weeks after the fiscal cliff vote. That time, 49 GOPers voted for the relief, and 179 against. And the third came a little more than a month later—two years ago tomorrow, in fact—when the House passed a reauthorization of the Violence Against Women Act. That time, 87 Republicans voted aye, and 138 nay.
So look at that record. In two months’ time, Boehner violated the allegedly inviolate Hastert Rule three times. And what happened to him? Well, we’re still calling him Mr. Speaker, last I checked. The right wing has not mutinied. And in fact the dark little psychological secret is that the vast majority of them have no interest whatsoever in mutiny. It’s far better for business for them, back in the home districts, to be able to scream betrayal and present themselves to their rabid constituents, the kind who just might go organize themselves to find a primary challenger to run against them, as the true defenders of liberty against all the sell-outs and ideological harlots they have to contend with on a daily basis, Boehner included. Gower Champion couldn’t choreograph it any better.
If I’m right about all this, and I am, then the question is why Boehner can’t, just once, show some stones and say, at 10 or 15 minutes til midnight rather than the usual two, “Sorry, we’re gonna do the reasonable thing here, and save this other fight for another day?” Well, some have argued that it may be in this case that he doesn’t actually know whether he has the votes. But I think that’s a reach. He’s got 245 Republicans. There are 188 Democrats, presumably all of whom would vote for a clean bill. So he’d need about 30 Republicans to back a clean bill. If he can’t get a mere 15 percent of his caucus to vote for a clean bill, maybe he’s got no business being speaker anyway. That would mean breaking the Hastert Rule, but as we’ve seen, he’s paid no price for that in the past.
And look at what happened in the Senate after McConnell decided to be reasonable. The vote was 98-2! The holdouts were Jim Inhofe and Jeff Sessions. Ted Cruz voted for the clean bill! Mike Lee! Joni Ernst and all the new red-hots. McConnell called the radicals’ bluff, and they folded. I say there’s every reason to think that roughly the same thing would happen in the House.
It’s often said in Washington that Congress is held captive to the hard right. But that’s not it. Boehner could break that hold if he wanted to. So it’s not really the radicals who are to blame, but Boehner’s refusal to be their leader and tell them “this is the way it is.” That’s the one thing, as their leader, he’ll never do. You know—lead.
By: Michael Tomasky, The Daily Beast, February 27, 2015
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