“The Voters Should Choose Their Representatives”: The Supreme Court’s Election Reform Ruling Is A ‘Big F-ing Deal’
This, in the words of Joe Biden, is a big fucking deal.
The Supreme Court’s vote on marriage equality and its refusal to gut health-care reform justly got the banner headlines over the last few days. But a less-publicized case on Arizona’s independent redistricting commission had those of us fighting for election reform holding our breath in the march toward the last day of decisions.
At stake was nothing less than the ability to fight back against the forces of polarization, paralysis, and hyper-partisanship in our politics. Out of 435 House seats, only 35 are considered competitive, and the rigged system of redistricting is to blame. It’s a process of collusion between the two parties that takes place every 10 years in state legislatures and draws the congressional district lines—a subversion of democracy where politicians pick their people rather than people picking their politicians.
The result is a screwed up incentive system where members of Congress are virtually guaranteed re-election as long as they don’t lose a low turnout partisan primary, which means they live in fear of offending the base rather than reaching across the aisle to solve problems.
Increasingly, the remedy for this corrupt status quo has been voters bypassing the state legislators with ballot referendums that create independent redistricting commissions. California has done it to great effect, dislodging 14 incumbents who decided to retire after the independent commission promised to make their re-elections less than rubber-stamped.
And that’s what Arizonans did in advance of the 2010 districting, which upset then-Governor Jan Brewer. First she tried to remove the independent commission’s chairwoman, Colleen Mathis, in a power grab that was overruled. Then Brewer decided to take the commission to court, arguing that the panel—composed of two Republicans, two Democrats, and one independent—tried to “elevate ‘competitiveness’ over other goals.” Seriously.
“This isn’t anything more than Republicans trying to hold on to a majority in a state where they constitute less than a third of the voters,” explained former Phoenix mayor Paul Johnson at the time. But still the baseless, desperate, cynical case wound its way to the Supreme Court.
If the court decided that the voters’ attempt to impose a nonpartisan redistricting commission over the self-dealing of the Arizona state legislators was unconstitutional, the best mechanism citizens have to restore fairness to congressional mechanisms would have been removed.
As Stanford law professor Nate Persily, the author of the new book Solutions to Political Polarization in America, explained: “Not only would many redistricting commissions, such as Arizona and California’s, have been thrown out, but any state regulation of congressional elections that was passed by initiative would have been legally vulnerable. This would have cast doubt, for instance, on California’s nonpartisan primary, Arizona’s voter ID law, and any number of other laws regulating voter registration, campaign financing, and ballot technology.”
It could have meant open season on election reforms of all kinds. But happily, by a narrow 5-4 vote, with Justice Anthony Kennedy serving in his role as the swing vote—possibly aided here by his roots in California, which has seen evidence of success in election reform—the Supreme Court decided to back the integrity of Arizona’s independent redistricting commission.
As Justice Ruth Bader Ginsburg wrote in her majority decision (PDF): “We see no constitutional barrier to a State’s empowerment of its people.” She continued by pointing out that “‘[P]artisan gerrymanders,’ this Court has recognized, ‘[are incompatible] with democratic principles’” and attested to the fact that reforms like independent redistricting commissions have resulted in “districts both more competitive and more likely to survive legal challenge.” Quoting founding fathers from Madison to Hamilton, the decision concluded that Arizona voters sought to restore “the core principle of republican government,” namely, “that the voters should choose their representatives, not the other way around.”
The decision is a big win for election reform and a defeat for those professional partisan forces that want to keep the rigged system of redistricting in place. Now the prospect for future nonpartisan election reforms remains open and inviting to more citizens who understand that when you change the rules, you change the game.
By: John Avlon, The Daily Beast, June 30, 2015
“Give Up, Evangelicals”: The Republican Party Isn’t Going To Help You
Evangelicals are not thrilled about a third coming of Bush. Concerned that former Florida Governor Jeb Bush will receive the GOP nomination thanks to his credit with the party establishment, Evangelical leaders around the country are in talks “to coalesce their support behind a single social-conservative contender,” The New York Times’ Trip Gabriel reports. Evangelicals do not believe that Bush “would fight for the issues they care most about: opposing same-sex marriage, holding the line on an immigration overhaul and rolling back abortion rights,” and fear that another bruising round of Republican primaries could lose the GOP the presidential race by failing to unite the party’s base.
Evangelicals have good reason to be worried. Despite Evangelicals’ willingness to throw their support behind establishment candidates—they enthusiastically voted for Mitt Romney and John McCain—the United States seems to resemble the Evangelical vision less and less. Since the mobilization of the Christian right as a useful voting bloc back in the 1980s, Evangelicals have enjoyed careful courtship from the Republican establishment, as evident in Senator Ted Cruz’s mating dance with right-wing Christians at his Liberty University announcement speech on Monday. But despite being Republicans’ “biggest, most reliable voting bloc,” in the words of Republican National Committee faith engagement director Chad Connelly, Evangelicals appear to have received relatively little from their arrangement with the GOP.
Next month, the Supreme Court will tackle same sex marriage, and all signs indicate that the justices will legalize same sex marriage nationally. The last bastion of hope for Evangelicals in such a circumstance would be religious freedom legislation like the bill recently signed into law by Indiana Governor Mike Pence, which would allow, inter alia, Christian businesses to refuse service to gay customers. These laws represent a kind of retreat from calls for gay-marriage bans, a shield of isolation around small enclaves of Evangelical sentiment that were ultimately incapable of winning the larger political fight. Likewise, despite the willingness of GOP candidates to speak to Evangelical concerns about abortion—29 percent of Evangelicals consider it a “critical issue” for our country—Roe v. Wade has not been overturned, and abortion is not illegal in a single American state. Instead, states have taken to fiddling with regulations relating to waiting periods, counseling, invasive ultrasounds, and parental notification in order to construct makeshift de-facto bans. Pornography, despite the best efforts of Evangelicals over several decades, is not banned. Evolution, too, persists in public schools, along with sex-ed; indeed, the only broadly Evangelical-backed political project that seems to have a prayer at the moment is comprehensive immigration reform, the success of which will largely depend upon keeping people like Ted Cruz out of office.
Some Republicans, like former Fox News host Mike Huckabee, are upfront about the fact that Evangelicals have been taken for a ride by the GOP. “They’re treated like a cheap date,” Huckabee told Politico during a 2013 interview, “always good for the last-minute prom date, never good enough to marry.” Evangelicals are always game to hit the polls, in other words, when the GOP needs to pull out a win: but that doesn’t necessarily mean Republicans will be invested in pushing Evangelical issues once they get into office, or that they’d have any success if they tried.
Faced with the inability of their alliance with the Republican Party to produce much more than militarism and deregulation, neither of specific moral interest to Evangelicals, the Evangelical polity itself has begun to split, with some clinging to the triumphalist rhetoric of the past, in which America was a Christian nation and Christianity was an American religion, while others have moved on to lobbying for cells of legal protection from the country’s rapidly shifting moral landscape. For this reason, Religion Dispatches’ Sarah Posner notes, most Evangelicals would “rather hear the candidates talk about religious freedom, not offer overwrought displays of piety blended with patriotism.”
If Jeb Bush is interested in capturing the Evangelical vote, he could promise to push for laws that protect religiously motivated employers from legal censure should they choose to refuse business to LGBT clients. The fact that these laws have been a struggle even at the state level (Arizona governor Jan Brewer, no fan of same sex marriage, still vetoed such a measure last February, while Utah’s Republican-controlled legislature settled on a compromise earlier this month) suggests that they would be even more of a headache at the national level. But if history has revealed anything about the relationship between Evangelicals and their Republican allies, it’s that the promises made and positions telegraphed during campaigns don’t have to be kept.
Still, it seems that the rift between establishment Republicans and Evangelicals will be injurious to the GOP in the long term. As time passes, leveraging the necessary political force to reverse many of the decisions that most rankle the Christian right, including Roe and same-sex marriage, will become even more challenging, making it less likely that an Evangelical favorite could do much to roll these policies back even if elected. And, as failures on that front continue, Evangelicals will likely keep seeking out alternative candidates to rally around, further fracturing a GOP base already tugged in strange directions by the Tea Party. Any Evangelical darling (Huckabee, for example) would likely turn out unelectable in a national election, meaning that Evangelical success will add up to an easy win for Democrats, and another round of disappointments for the Evangelicals themselves. In short, the romantic alliance that was sold to Evangelicals when the Moral Majority helped deliver Ronald Reagan to the White House appears finally to have unraveled altogether.
Which ultimately might be an improvement for Christian politics. As Kevin Kruse notes in his forthcoming book One Nation Under God: How Corporate America Invented Christian America, the alliance between Christian voters and politicians on the right was largely a calculated product born of plush industrialist funding and the handy rhetoric of the McCarthy era. But with the threat of Soviet aggression dissolved and the political promise of the Republican-Evangelical coalition played out, perhaps Evangelicals will be able to look beyond a frustrating alliance in which their interests were always low priority. The faith and family left, as the Pew Foundation has termed it, awaits their support.
By: Elizabeth Stoker Bruenig, The New Republic, March 31, 2015
“Conservative GOP Governors Are Accepting Obamacare”: Wagging A Finger With One Hand, Holding Out The Other Hand For The Money
Many GOP governors who loudly condemned Obamacare are secretly signing up for the Affordable Care Act’s Medicaid Expansion. And they aren’t just Republicans in Democrat states. A growing number are from Southern conservative states, like Alabama and Tennessee.
Tennessee Governor Bill Haslam announced his state would oppose Obamacare, saying that he would rather have any money sent to his state go to private insurance, according to Bill Barrow with the Associated Press. But after getting reelected, Haslam announced that he had struck a deal that would allow that Medicaid expansion, according to Dave Boucher with The Tennessean.
Ditto Alabama Governor Robert Bentley, who once claimed that “the anything but Affordable Care Act has done nothing to gain our trust,” according to Tom Baxter with Saporta Report. But there was Bentley, after getting easily reelected, claiming “he could support the expansion in the form of a block grant, with a lot of strings attached,” Baxter writes.
In other red states, Republicans are doing the same, wagging a finger at Obamacare with one hand and holding out the other hand for the money. Kansas Governor Sam Brownback condemned GOP Governors for taking the Medicaid expansion money, as noted on his own website. But then, buffeted by a deficit from ill-advised tax cuts, Brownback took the money, calling it something else, in order to balance the budget, according to Salon.
It is unlikely that Representative Mike Pence cast many votes in favor of Obamacare while in Congress. But as Indiana Governor, he’s signed on to the Medicaid expansion, according to Dana Milbank from the Washington Post.
Arizona Gov. Jan Brewer joined her name to the lawsuits challenging the constitutionality of Obamacare. But then, she signed up for the dollars from Washington, DC after dodging a primary challenge, as reported by CBS.
Florida Governor Rick Scott, another Republican, had few kind words for Obama or the ACA. But once it was clear that he wouldn’t face a primary challenger, Scott took the money, according to the Miami Herald, hoping to boost his reelection chances. He was able to hold onto the Governor’s Mansion in Tallahassee as a result.
And it was Ohio Governor John Kasich who called for repealing Obamacare, well, at least most of it. Now he’s saying it is here to stay, as noted by CNN, and other Republicans better get used to it being around.
Michael Hiltzik with the Los Angeles Times is reporting that even Texas is considering the Medicaid expansion, modeled after Utah’s acceptance of the ACA plan.
There are a few reasons for this. While the House of Representatives and Senate can pass repeal after repeal votes, governors have to balance budgets. Also, many of these governors talk the conservative talk to beat back or forestall Tea Party primary challengers. Given that only a dwindling number of these are succeeding, there’s no need to kowtow to this group after reelection. They can use some creative accounting to accept the money, or call it something else so it will have a lower profile (Alabama could call it Bamacare, for example).
Of course, this is bound to infuriate the most conservative members of the Republican Party, but only if they are paying attention. Besides, this is still the party of Jeb Bush, who was linked to a firm that benefited from Obamacare, as reported by The Daily Mail. It’s also the party of Mitt Romney, whose Romneycare had many similarities to Obamacare, according to health expert Brad Burd.
By: John A. Tures, Professor of Political Science at LaGrange College in LaGrange, Ga; The Blog, The Huffington Post, December 31, 2014
“Killing Experiments”: It’s Time For A Nationwide Moratorium On The Death Penalty
We still don’t know where the drugs came from.
We know they used midazolam and hydromorphone. We know the combination was experimental. And now we know that instead of working, the drugs took nearly two hours to kill Joseph Wood, as he snorted and gasped for air 660 times.
Within a couple hours of Mr. Wood’s death, the state of Arizona started damage control. Last night, Governor Jan Brewer called for an investigation into why the execution had taken so long, but she also released a statement saying: “by eyewitness and medical accounts he did not suffer.”
That’s not what the reporters who were in the room have written. “It was very disturbing to watch… liked a fish on shore gulping for air,” Troy Haydentold The Arizona Republic.
One hour and 57 minutes is horrifically long, even when compared to the recent botched execution of Clayton Lockett, who writhed in pain for 45 minutes while the state of Oklahoma struggled to kill him in May.
It’s time to ask the question: How is it possible that, in 2014, state after state is utterly failing at lethal injection? How can it be, given modern medicine, that it could take hours instead of minutes for states to kill someone?
The answer is that the death penalty simply has no place in this country. As method after method of state-sponsored killing has been deemed barbaric and archaic, states are left scrambling to invent new ways to execute.
Lethal injection started as a seemingly more humane alternative to the gas chamber, the electric chair, and firing squads. But as companies both in the U.S. and in Europe have refused to let the drugs they produce be used in executions, lethal injection has become what is essentially medical experimentation, with novel drugs and doses leading to botched execution after botched execution.
Lethal injection is not modern medicine. Executioners do not have proper training, leading to some prisoners being conscious but paralyzed as they slowly asphyxiate. States are fumbling to find drugs, concocting different combinations every time. In the case of Mr. Wood’s execution, the state used a two-drug combination that had been used only once before, when the state of Ohio took 25 minutes to kill Dennis McGuire.
And these killing experiments are being carried out in secrecy. The hours before Mr. Woods was strapped to the gurney were a frenzied attempt to figure out where the drugs came from before they could be shot into his vein. We still don’t know.
The greater problem underlying the horrific executions we have recently seen is not lethal injection or a matter of simply getting the drugs right. The execution of the innocent, the shameful role of race, mentally ill defendants, poor defense lawyering, and prosecutors who hide the truth — these are the problems that make the death penalty completely inappropriate in the modern world. Yet we continue to slowly pick off killing methods that are simply too barbaric to condone, but the truth is that there is no way for states — for our government — to kill someone that is in line with the type of country we want to be.
Today, my heart is with Jeanne Brown and all of those who loved Debra Dietz. My thoughts are with the executioners who will have to live with the horrific botch they carried out yesterday. This entire story is a tragic one, and it should push us to admit that the path to justice simply cannot include more gruesome violence.
It’s time for a nationwide moratorium on the death penalty.
Brian Stull, Senior staff attorney with the ACLU Capital Punishment Project; The Huffington Post Blog, July 24, 2014
“Georgia’s ‘Guns Everywhere’ Bill”: The Most Insane And Extreme Gun Bill In America Expands “Stand Your Ground” Law
Just a few minutes ago, Georgia Gov. Nathan Deal (R) signed sweeping new gun legislation into law, and while it’s technically the “Safe Carry Protection Act,” NBC News’ Gabe Gutierrez noted that many have labeled it the “Guns Everywhere Bill.”
One of the most permissive state gun laws in the nation, it will allow licensed owners to carry firearms into more public places than at any time in the past century, including bars and government buildings that don’t have security checkpoints.
The law also authorizes school districts to appoint staffers to carry firearms. It allows churches to “opt-in” if they want to allow weapons. Bars could already “opt-in” to allow weapons, but under the new law they must opt out if they want to bar weapons. Permit-holders who accidentally bring a gun to an airport security checkpoint will now be allowed to pick up their weapon and leave with no criminal penalty. (At Atlanta’s Hartsfield-Jackson International Airport, a record 111 guns were found at TSA screening areas last year.)
Americans for Responsible Solutions, the group co-founded by former Arizona congresswoman Gabby Giffords, has called the legislation “the most extreme gun bill in America.”
Despite the opposition of gun-safety reformers and Georgia law enforcement, the bill was passed with relative ease. The governor’s Democratic challenger, state Sen. Jason Carter, voted for it, too, though he made it slightly less extreme, helping eliminate some provisions, including a measure allowing guns on college campuses.
Regardless, the new state law, which takes effect in July, also expands on Georgia’s “stand your ground” policy by “protecting convicted felons who kill using illegal guns.”
Frank Rotondo, the executive director of Georgia Association of Chiefs of Police, told The Guardian, “One of the biggest concerns is it expands stand-your-ground. The way it’s written, a felon who is not permitted to have a weapon could use a weapon in defense of his or her home and not be charged for having the weapon.”
Oddly enough, a similar bill recently passed the Arizona legislature, though it met a different fate.
In a bit of a surprise, Arizona Gov. Jan Brewer (R) vetoed two pro-gun bills yesterday, including a proposal to expand guns in public buildings.
One bill would allow gun owners to bring weapons into public buildings or events. A summary of the bill says that it would allow gun owners to keep their firearms unless the building had security guards, metal detectors and storage for the weapons. Many Arizona public buildings do not have the first two, according to local reports. […]
The other bill would have limited local governments from enacting gun control statutes that were stricter than state law and imposed a fine up to $5,000 on any local officials who administered such a statute, according to a summary. Those officials would also be at risk of losing their job.
For all of Brewer’s conservatism, she occasionally surprises me.
By: Steve Benen, The Madow Blog, April 23, 2014
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