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“A Half Hearted Attempt”: Mitt Romney Pretends To Court Hispanic Voters

Before 2008, there was a story I used to tell about how presidential campaigns have been waged over the last few decades. It goes like this: The Democrat comes before the voters and says, “If you examine my ten-point plan, I believe you will agree that my ten-point plan is superior to my opponent’s ten-point plan.” Then the Republican comes before the voters, points to the Democrat, and says, “That guy hates you and everything you stand for.” It may not have applied to every election in our lifetimes (Bill Clinton was pretty good at running for president, you may remember), but it rang true enough that when I said it, liberals tended to chuckle and nod their heads.

That changed in 2008, when Barack Obama ran a campaign in both the primaries and general election that reflected a profound understanding that politics is much more about identity than issues. His opponent understood it too, but the statement of identity that a vote for McCain represented just couldn’t garner a majority of the public at that moment in history.

So what kind of a statement of identity does a vote for Mitt Romney represent? That’s a complex question, and it’s one to which I’ll return in the coming months. But I just wanted to highlight one thing, the way the Romney campaign is making a half-hearted attempt to reach out to Latino voters. According to the 2008 exit polls, Obama beat McCain by 36 points among Latinos, which is right about where polls show the current race between Obama and Romney. So what kind of advice is he getting from people in his party? Here’s an article today in POLITICO:

“If you’re looking at an electoral strategy, my sense is that we have got to be able to talk to women and minorities in ways they identify,” [Eric] Cantor told POLITICO on Monday. “When you’re looking at the independent voter, it is, in very kitchen table terms, … about jobs and the economy. It’s about whether there is going to be health care there, whether they’re going to be able to make it through the month, in terms of their limited income in a very practical, results-oriented way.”

He said Romney – and Republicans broadly – need to talk more about the opportunity that their party can give immigrants and minorities. “It is the message of opportunity, of actually chasing the American dream that appeals to everybody across demographic lines,” Cantor said. “Because it’s about the classic entrepreneurship of the country.”

Rep. Raul Labrador (R-Idaho), a Mormon and conservative Hispanic lawmaker, said Romney needs to confront the issue of how he’ll improve the economy head-on.

“What Romney needs to do is start talking about the economy and how it’s affecting all Americans, including Hispanic Americans, African Americans and other ethnic minorities. Under Obama, more people are in poverty, more people are taking food stamps, more people are losing their jobs, more women are unemployed. If you look at every ethnic and gender group, people are suffering more than they did in other times in recent history. What Romney needs to do is go out there and make the case that Republican conservative policies are more fair for individuals, regardless of ethnicity or gender.”

Mitt Romney and his Republican primary opponents just spent a year arguing over which one of them would crack down the hardest on undocumented immigrants, sending a clear message of antagonism to Latino voters everywhere, but now he should just tell them that Republican ideas will help the economy? In other words, the way to counteract those clearly hostile messages that were sent about identity is to just talk about issues. The Romney campaign itself is taking the same approach: http://youtu.be/3VC8McJTdTs

This isn’t going to work. It’s not that the message itself is problematic, but it’s the same message Romney sends to everyone else: elect me because the economy is bad. Saying “the economy is bad for Hispanics” isn’t anything different from saying the economy is bad for everybody. In fairness, I’m not sure what kind of identity message Romney could send at this point that would overcome the last few years of him and his party sending such relentless messages of hostility. But it’s like they’re barely trying. Which leads me to think that this is more about being able to say they’re reaching out to Latino voters than about actually winning Latino votes.

Maybe they should have gone with the animated sombrero-wearing parrot.

 

By: Paul Waldman, The American Prospect, June 5, 2012

June 6, 2012 Posted by | Election 2012 | , , , , , , , , | Leave a comment

“A Partisan Cleerleader”: Supreme Court Justice Scalia Turns Advocate Against Obama

In January, Supreme Court Justice Antonin Scalia accused the U.S. Environmental Protection Agency of “high-handedness.” He was just getting warmed up.

Over the next 3 1/2 months, Scalia asked whether federal immigration policy was designed to “please Mexico,” fired off 12 questions and comments in 15 minutes at a government lawyer in a case involving overtime pay, and dismissed part of Solicitor General Donald Verrilli’s defense of President Barack Obama’s health-care law as “extraordinary.”

Scalia’s tone this year, particularly in cases involving the Obama administration, is raising new criticism over the temperament of a justice who has always relished the give-and-take of the Supreme Court’s public sessions. Some lawyers say Scalia, a 1986 appointee of Republican President Ronald Reagan, is crossing the line that separates tough scrutiny from advocacy.

“His questions have been increasingly confrontational,”said Charles Fried, a Harvard Law School professor who served as Reagan’s top Supreme Court advocate. While the justice has always asked “pointed” questions, in the health-care case “he came across much more like an advocate.”

Scalia’s approach is fueling the perception that the biggest cases this term, including health care, may be influenced by politics, rather than the legal principles that he and other justices say should be their guide. A Bloomberg News poll in March showed that 75 percent of Americans think the court’s decision on the 2010 law will be based more on politics than on constitutional merit.

Campaign Issue

“Someone who had just tuned into the health-care argument might get the impression that the court is a much more partisan institution than it actually is,” said David Strauss, a constitutional law professor at the University of Chicago Law School.

The week after the health-insurance argument, Obama showed a willingness to make the court an issue in his re-election campaign, saying a ruling striking down the law would be“judicial activism” by “an unelected group of people.” The court will probably rule by the end of June.

Scalia, 76, declined to comment for this story, said Kathy Arberg, a Supreme Court spokeswoman.

The justice has never shied away from controversy. He once wrote that a colleague’s reasoning in an abortion case “cannot be taken seriously.” When the court expanded the rights of prisoners at the U.S. naval base in Guantanamo Bay, Cuba, he dissented by saying the ruling “will almost certainly cause more Americans to be killed.”

‘Nasty’ Question

In 2009, he told a college student she had posed a “nasty, impolite question” when she asked whether book tours by the justices undermined their case for banning camera coverage of arguments. In 2006, he flicked his hand under his chin, using a dismissive gesture he said was Sicilian, to show his disdain for a reporter’s question.

In the courtroom, he is quick with one-liners, drawing laughter more frequently than any other justice during the court’s current nine-month term, according to DC Dicta, a blog that tracks the court.

Of late, Scalia’s most pointed remarks have come at the Obama administration’s expense.

In January, he directed his fire at Malcolm Stewart, a Justice Department attorney. Stewart was defending the EPA’s use of administrative compliance orders that demand an end to alleged environmental violations, in many cases insisting that recipients restore their land to its previous state.

‘That’s Very Nice’

Scalia made his contempt clear after Stewart said that people and companies could seek to change any “infeasible”requirements.

“Well, that’s very nice,” the justice said. “That’s very nice when you’ve received something called a compliance order, which says you’re subject to penalties” of $32,500 per day.

When Stewart said the EPA had modified the order at issue, dropping a requirement that an Idaho couple replant vegetation on their property, Scalia scoffed again. “It shows the high-handedness of the agency, it seems to me, putting in there stuff that is simply not required,” he said.

The court unanimously ruled against the EPA in March, giving landowners more power to challenge compliance orders in court.

Target: Verrilli

With health care, Scalia’s primary target was Verrilli, the administration’s top Supreme Court lawyer. Defending the law’s requirement that Americans get insurance or pay a penalty, the solicitor general argued that uninsured people often receive care, even if they can’t pay for it, because of the “social norms to which we’ve obligated ourselves.”

“Well, don’t obligate yourself to that,” Scalia said.

Later, Scalia called one strand of the government’s defense– its contention that Congress could legally enact the law as a tax — “extraordinary.”

The following day, he mocked an assertion by another Justice Department lawyer, Edwin Kneedler, as the court considered what would happen to the rest of the law should a key provision mandating that most Americans obtain insurance be declared unconstitutional. Kneedler said the court should look at “the structure and the text” of the 2,700-page statute.

“Mr. Kneedler, what happened to the Eighth Amendment?”Scalia asked, referring to the provision of the U.S. Constitution that bars cruel and unusual punishment. “You really want us to go through these 2,700 pages?”

‘Statute’s Gone’

At times during the health-care debate, Scalia took to stating his position, rather than asking questions. He all but declared that he would vote to invalidate the whole law, not just the insurance mandate. “My approach would say if you take the heart out of the statute, the statute’s gone,” he said.

In a Labor Department case that concerns claims for overtime pay by drug-industry salespeople, lawyer Stewart urged the court to side with the employees and defer to the department’s interpretation of a federal wage-and-hour law.

Scalia, who directed a dozen questions and comments at Stewart, criticized the department for laying out that position in court filings, known as amicus briefs, rather than through formal rulemaking.

“This is part of a regular program that the agency has now instituted, to run around the country and file amicus briefs –is that it?” Scalia asked — again calling the approach“extraordinary.”

‘Please Mexico?’

Scalia described as “extraordinary” yet another administration position, this time when Verrilli urged the court to strike down Arizona’s illegal-immigration law. Scalia bristled when the solicitor general said “we have to have the cooperation of the Mexicans,” something Verrilli said the federal government could best secure without state interference.

“So we have to enforce our laws in a manner that will please Mexico?” Scalia said. “Is that what you’re saying?”

Not everyone thinks that Scalia has gone too far. Ilya Shapiro, an opponent of the health-care law who attends eight to 10 arguments each term, says he sees no change in Scalia’s approach.

“He’s sarcastic, and he goes right to the heart of the weakness of the advocate who’s in front of him,” said Shapiro, a senior fellow at Washington-based Cato Institute, which advocates for limited government.

On health care, Scalia was simply trying to “express his exasperation with the government’s assertion of power,” he said.

Troubling Pattern

To other Supreme Court lawyers, Scalia’s questions show a troubling pattern. Rather than merely probing legal arguments, he has served as a “partisan cheerleader,” said Doug Kendall, president of the Constitutional Accountability Center in Washington, which supports the administration on health care and immigration.

“It’s disturbing to see a justice use oral argument as a platform for expressing the talking points that you hear each night on Fox News,” Kendall said. “I can’t think of a serious question that he posed in either argument suggesting that he was open to have his mind changed.”

By: Greg Stohr, Bloomberg News, May 15, 2012

May 15, 2012 Posted by | SCOTUS | , , , , , , , , | Leave a comment

“Whiter Than George W. Bush”: Mitt Romney’s Doomed Immigration Gambit

It seems clear that the main issue Mitt Romney is going to use to try to reestablish himself as a moderate is immigration. He told a private audience on April 15 that “we have to get Hispanic voters to vote for our party” and warned that current polling “spells doom for us.” Then, on Monday, he made himself available to the media for the first time in a month—while standing beside Florida Senator Marco Rubio, a leading veepstakes name. Can Romney, who staked out an immigration position during the primaries that left him sounding like Pat Buchanan, really pull this off? My bet: He’ll be smooth, he’ll do almost everything right, he’ll say all the right things—and he’ll end up with something very much like the 31 percent of the Latino vote John McCain got, maybe two or three points more, tops. The reason is simple: Romney, like his party, is just too white.

But before we get to art, let’s start with science—the polls. Obama leads Romney among Latinos by around 40 points, maybe more. A recent NBC/Wall Street Journal survey said 69 to 22 percent. How does Romney need to perform among Latinos? I have no idea, actually. Republicans speak wistfully of the 42 percent of that vote George W. Bush received in 2004, so they must think of it as some kind of holy grail. Bush got elected in 2004, so apparently that’s some sort of benchmark for them. Certainly, even 37 or maybe 35 percent of the Latino vote in the Mountain West for Romney would make the Obama team revert to Plan B or C as concerns Colorado and New Mexico (nationally, Latinos made up 9 percent of the overall vote in 2008; that will be up to 11 or 12 percent this year). So Romney needs to gain around 15 points—or, put another and more daunting way, he needs to improve on his present performance by 37 percent (i.e., going from 22 to 35 percent would be a 37 percent improvement).

Is that remotely possible? What would he do? Well, start with the most obvious move, picking Rubio as vice-president. Huge media buzz, of course. All manner of breathless predictions on the Sunday shows about how this changes everything—potential first Latino president, complete paradigm shift, all the rest.

One problem. There is no signal, at least yet, that Rubio would make a whit of difference. Last weekend, a poll came out in which 1,000-plus Latinos were asked about Obama-Biden matchups against Romney-Rubio, and Romney paired with various other Hispanic Republicans—including Gov. Susana Martinez of New Mexico (who has said she will not accept the job) and Gov. Brian Sandoval of Nevada. They made no difference, the poll found. In fact, in Florida, Obama did better among Latinos against Romney with Rubio on the ticket, suggesting that maybe to know him isn’t to love him.

Now we move on to substance, or at least to symbol-substance. At that same April 15 private event mentioned above, Romney said that as president he would pass a GOP version of the DREAM Act. This is exactly what Rubio has spent this week touting. Unlike the Democratic DREAM Act, it wouldn’t include a possible path to citizenship, just to green-card status. Latino groups hate it, and it does seem like an empty-calorie kind of bill, I have to say. It’s true that there are millions of permanent residents living in the United States now—about 1.1 million green cards are granted each year. But all of these people do have a future shot at citizenship, so at least they can all dream of being citizens one day, whereas under the Rubio bill, those who win such status can’t.

This is pretty small potatoes compared to what Bush supported. Remember, he was in favor of Teddy Kennedy’s immigration bill! He put a respectable amount of political capital into it, until the shitstorm hit and he backed down. Bush took what people could see was a bit of a risk. A non-citizenship DREAM Act compares to serious and comprehensive immigration reform in about the way Plessy v. Ferguson compares to Brown v. Board of Education.

And finally—art. Art is so underestimated in politics. Romney is just sooooo white. Even whiter than the Osmonds. Bush wasn’t that white. He came from a state where these days you can’t help but know some Latinos, and he spoke him a little esspanyole, even. But Romney? He fired some guys working on his lawn because he couldn’t afford the political liability of employing them, as he openly admitted at one of those GOP debates. Aside from that—well, I admit I’m no more up on the latest salsa artists than Mitt is, but do you think that guy has ever listened to one Tito Puente record in his life? Has he ever known a Latino person, outside of those who clean his houses and trim his lawns? It’s quite possible that he does. But he sure doesn’t look like he does.

Romney, therefore, will make some moves that will impress the largely white commentariat, and he’ll bump up a little among certain high-income Latino demographics. But average Latino voters, men and women who work really hard every day for white bosses, are just going to find that he reminds them too much of the guy who docks their pay when the bus comes late. And they won’t be wrong—he basically is that guy. There’s no overcoming that. He’s a 31 percenter at best.

By: Michael Tomasky, The Daily Beast, April 26, 2012

April 27, 2012 Posted by | Election 2012 | , , , , , , , , | Leave a comment

“Blind In Both Eyes”: Marco Rubio Thinks George W. Bush “Did A Fantastic Job”

It’s strange to hear an endorsement so ringing of an unpopular ex-president who failed in so many different ways. 

George W. Bush’s tenure began with a catastrophic terrorist attack. It ended with a catastrophic financial crisis. In the interim, it was consumed mostly with fighting a costly war of choice. The invasion of Iraq was launched on false premises with inadequate planning; it was poorly managed for years on end; and even America’s fallback goal of a stable democracy in the Middle East wasn’t achieved. In fact, the invasion and occupation mostly just strengthened Iran’s position. Our enemies also benefited from the prisoner abuse at Abu Ghraib and Guantanamo Bay.

On the domestic front, President Bush signed an education reform bill that liberals and conservatives now agree was a mistake; he failed to reform Social Security, and rather than finding a way to save money on Medicare he added a costly prescription drug benefit to it even as he cut taxes. It’s no wonder that the deficit exploded during his spendthrift two terms in the White House. Bush’s faith based initiatives were a bust, as were his immigration reform efforts, and he signed into law campaign finance reform legislation he’d previously deemed unconstitutional. He created the instantly dysfunctional Department of Homeland Security and illegally spied on American citizens without warrants. His dubious appointments included Alberto Gonzalez and Harriet Miers, a Supreme Court choice so bad that his own base revolted. And he left office so unpopular that his party suffered a historic defeat; even four years later its presidential candidates did their utmost to avoid saying his name in speeches and debates.

That is the record Marco Rubio deems fantastic.

As he put it:

George W. Bush, in my opinion, did a fantastic job as president over eight years, facing a set of circumstances during those eight years that are different from the circumstances that a President Romney would face.

Partisan loyalty sure does make people say ill-conceived things.

 
 
 
By: Conor Friedersdorf, The Atlantic, April 24, 2012

April 25, 2012 Posted by | Election 2012 | , , , , , , | Leave a comment

Russell Pearce: Romney “Absolutely” Called Arizona Immigration Bill A National Model

Mitt Romney had the most conservative immigration policy of any Republican presidential candidate during most of the primary, but now that’s he trying to appeal to Hispanic voters as he pivots to general election, the presumed GOP nominee has been shifting back towards the center. Yesterday, he opened the door to a Republican alternative to the DREAM Act — a law he vowed to veto during the primary — and earlier, he said that he never called for making Arizona’s harsh immigration law a “model” for the nation.

But that’s not how one of the key people behind that law, former Arizona Senate President Russell Pearce, sees it. The former Republican lawmaker, who was ousted in a recall election, was the key force behind turning SB-1070, authored by Romney adviser Kris Kobach, into law.

He told reporters today that he “absolutely” believed Mitt Romney had endorsed the law as a model for the country. The Huffington Post’s Elise Foley reports:

“The folks that he’s said [are] his advisers on this, I have worked with for years and have great confidence and trust in them,” Pearce told reporters after a Senate subcommittee hearing on the immigration law. “I know Romney is a compassionate man, most of us, I’d like to think, are. But I think he also understands the crisis and the damage to this republic and the need to enforce our law.” […]

Romney also has advocated for what he called “self-deportation,” or making things difficult for undocumented immigrants until they decide to leave, one of the central tenets of the Arizona law. […] “[Self-deportation] is in SB 1070,” Pearce said.

Previously, Pearce has said that Romney’s “immigration policy is identical to mine.”

Romney has tried to distance himself from Kobach, who also helped author the controversial immigration crackdowns in Alabama, South Carolina, and other states. But Kobach quickly contradicted him, saying he regularly advises senior members of Romney’s staff.

 

By: Alex Seitz-Wald, Think Progress, April 24, 2012

April 25, 2012 Posted by | Election 2012 | , , , , , , , | Leave a comment