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“… And Justice For All”: The Rule Of Law Defines Civilization And Underpins America’s Precious Democratic Experiment

I’m a little emotional about same-sex couples accepting Alabama Probate Judges’ time-honored offer to newlyweds “You may kiss”. These marriages are all the sweeter because when we were married by an Alabama Probate Judge three decades ago, it was a very different world. Sorta.

Those were the days of “I now pronounced you man and wife.” Unmistakably, a man was a man whatever his marital status. Once married, a woman was reduced to her role. We’d already warned the Judge off the the “obey” thing, but he informed us that another trip to the courthouse and a formal petition — fifty bucks, please — was required for me to reclaim my own surname. It had legally vanished with “I do”. It is a privilege to see justice finally promised to another oppressed group. And what additional satisfaction it is to have a front row seat, watching seemingly immovable traditions — reserving marriage for some, refusing it to others, arbitrarily elevating some over others — dissolving before the irresistible force of a Federal Judge’s orders overturning Alabama’s law banning same-sex marriage — celebration time.

A victory of this proportion is for everyone, a lesson on a grand scale. People died for these rights. Credit especially the martyred San Francisco Board of Supervisors Harvey Milk and his profound insight: “‘Coming out’ is the most political thing you can do.” When individuals risked everything to be true to themselves, debilitating stereotypes dissolved into the faces of our family members, neighbors, friends and coworkers. Millions shared the honor when Mr. Milk was awarded the Presidential Medal of Freedom posthumously in 2009. Our world is improving because people were brave.

Would that the heroic reporter Dudley Clendinen had lived to see this turn of events. His Out for Good, which we explored with him in 1999, remains an important report on harsh realities still endured by too many homosexuals in the world and in America. The particulars of people’s private lives continue to elicit sensational and hate-filled reactions. Still.

Not surprising is the recalcitrance of the “Ten Commandments” Alabama Chief Justice of the Alabama Supreme Court Roy Moore. Nor is this appalling defiance of the Federal Judge’s direct order out of character. In 2003, his own colleagues removed him from office for defying the law. What does it say for the voting majority in Alabama, that In 2012 they returned him to the same position?

I am amazed that half the judges in the State defied their Chief Justice. Perhaps they realized his argument is “so 1832”, dating back as it does to South Carolinian John C. Calhoun’s (and later the Confederacy’s) notion of “nullification“. Maybe those law-abiding Probate Judges didn’t want to be counted among the more recent neo-nullification gang: Orval Faubus, George Wallace, Lester Maddox and now, notably, the list includes the former Governor of Arkansas, Mike Huckabee (who’s also voiced suspicions about dancing).

Whatever their motivation, it’s a breath of fresh air that so many Alabama Probate Judges obeyed the Federal court order and married whomever chose that august and demanding path. This is all the more noteworthy given their Chief Justice’s recalcitrance, which carries the distinctive stench of oppression still lingering across America from white supremacists imposing equally noxious restrictions based on race as well as gender.

The rule of law defines civilization and underpins America’s precious (and precarious) democratic experiment. A less privileged individual would go to jail for the kind of defiance we are witnessing. A senior judge flagrantly breaking the law with apparent impunity is a sad spectacle, even in long-benighted Alabama.

Ultimately, justice will win out in a just polity. Still, it should not be necessary to overcome the willful injustice of atavistic elements of our judicial system.

 

By: Paula Gordon, The Blog, The HUffington Post, February 22, 2015

 

 

February 24, 2015 Posted by | Democracy, Marriage Equality, Roy Moore, Rule of Law | , , , , , , , | Leave a comment

“Our God Wins!”: Is Blatant Islamophobia Becoming Mainstream Inside The GOP?

Conservatives are deeply troubled by President Obama’s reluctance to use the words “Islam” and “Islamic” often enough when talking about terrorism. We saw this when many conservatives reacted with condemnation to the White House’s Summit to Counter Violent Extremism, which wrapped up yesterday.

But the importance many on the right are now placing on repeating terms like “Islamic extremists” as much as possible raises a possibility that ought to trouble the GOP: There’s a strain of anti-Muslim sentiment within their party that is growing stronger; what we don’t know yet is whether there’s anyone in the party with the guts to arrest its progress.

Obama doesn’t dismiss such language choices as irrelevant; he has made clear his position that if he uses terms like “Islamic extremism” or “Islamic terrorism” he would be implying not just that groups like ISIS are motivated by their religious beliefs, but that there’s something inherently Islamic about this particular brand of violence. He worries that we would be doing ISIS’ work for them, validating their claim that there is a clash of civilizations going on, with Islam on one side and the west on the other.

I haven’t seen conservatives address this argument directly enough. Do they really think that using the word “Islamic” more to talk about threats to the United States would make those threats easier to defeat? Who knows? What’s apparent, though, is that they want Obama to admit and proclaim exactly what ISIS is trying to convince every Muslim of: that this is indeed a clash of civilizations.

Let’s look at what we’ve been hearing lately. Bill O’Reilly of Fox News is now calling on American clergy to preach “holy war” against the Muslims who threaten our way of life. “President Obama is flat-out wrong in not describing the terrorist threat accurately,” he says. “Muslim fanatics want to kill us. And there are millions of them.” He offered this under a headline reading, “Judeo-Christian Values vs. the Jihad.”

“When I hear the president of the United States and his chief spokesperson failing to admit that we’re in a religious war, it really bothers me,” says Lindsey Graham.

And the war isn’t just about what’s happening in Syria and Iraq, it’s about whether there are too many Muslims here in America as well. Last month, Bobby Jindal went to England to lecture the British about the utterly fictional “no-go zones” that he imagines are blanketing Europe, where sharia law is in force and non-Muslims are not permitted. No matter how many people tell Jindal that the “no-go zones” he’s heard about don’t actually exist, he’s sticking to the story, and warning that they’re on their way to America.

It’s a message that many Republican voters are apparently eager to hear. As Byron York reported, to Republicans in Iowa, “Jindal was warning about the danger of enclaves of unassimilated Muslim populations in an age of Islamic radicalism, a problem they fear could be in store for the United States.” Jindal returned from his trip to hold a prayer rally, explicitly advertised as an event to celebrate Christianity (“There will only be one name lifted up that day — Jesus!” Jindal wrote in a letter inviting other governors to come). At the rally, Jindal triumphantly declared, “Our god wins!”

But as Peter Beinart reminds us, Jindal isn’t even the most nakedly anti-Muslim candidate in the group of possible GOP contenders; that would be Mike Huckabee. Here are some colorful comments he made in 2013:

“Can someone explain to me why it is that we tiptoe around a religion that promotes the most murderous mayhem on the planet in their so-called ‘holiest days’? You know, if you’ve kept up with the Middle East, you know that the most likely time to have an uprising of rock throwing and rioting comes on the day of prayer on Friday. So the Muslims will go to the mosque, and they will have their day of prayer, and they come out of there like uncorked animals — throwing rocks and burning cars.”

Not a lot of ambiguity there. And even people who wouldn’t say that kind of thing are clear about what they do want everyone to say: that terrorism is Islamic. “They won’t even call the threat what it is. How can you talk about defeating an enemy you cannot name?” said Rep. Michael McCaul of Texas, the chair of the House Homeland Security Committee, in response to the White House Summit.

This is a common refrain: we can’t defeat Islamic terror if we don’t call it “Islamic” at every opportunity. But I wonder what McCaul and the many Republicans who share his opinion think would happen if President Obama jumped up and down and shouted, “Islamic Islamic Islamic!” Would there be some difference in our military or diplomatic strategy? Would we get more help from Muslim countries? What would change?

It’s obviously important to understand how ISIS’ ideas, actions, and decisions grow out of their particular interpretation of Islam. But that’s very different from saying that in order to defeat them, we have to declare to the world that we’re fighting Islam (and of course, there’s nothing ISIS would want more).

What Republicans are now demanding is that we once again make our thinking as simplistic as possible. When Obama says that we need to understand the complex forces — economic, political, religious — that produce the cadre of disaffected young men on which ISIS relies, they shake their heads and say: No, we don’t need to understand anything. This is about Them and Us, and if we just say we’re fighting Them, then we’re halfway to victory.

Every Republican politician, particularly those running for president, should be thinking very carefully about how they want to address this issue in the coming days, because they’ll have to. Particularly given the widespread beliefs within the GOP base about President Obama — that he’s too solicitous of Muslims or may be a secret Muslim himself, that he hates America and sympathizes with terrorists — there will be a great deal of pressure on presidential candidates to show that they’re as alarmed and angry about the Muslim threat as the guy at the next podium.

The real test of how mainstream this kind of anti-Islamic sentiment has grown within the GOP isn’t so much what those like Huckabee and Jindal say — they’ve obviously decided that advocating for religious war is the path to becoming the favored candidate of Christian conservatives (though they seem to have forgotten that the candidate who wins that mantle almost never gets the GOP nomination). The test is whether we see candidates like Jeb Bush, Scott Walker, and Marco Rubio, who are looking to appeal to a wider group of voters, dipping their toes in those rancid waters.

One Republican candidate has done the right thing in response to this question. In 2011, Chris Christie appointed Sohail Mohammed to a state judgeship, a decision for which he was attacked by some conservatives in the most blatantly bigoted ways you can imagine. The critics called Mohammed, an accomplished attorney, a terrorist sympathizer and someone who would attempt to impose sharia law on the citizens of New Jersey. Christie treated the criticisms with the contempt they deserved. “This sharia law business is crap,” he said. “It’s just crazy and I’m tired of dealing with the crazies.”

But that was then. We’ll see what the candidates do when someone at an Iowa town meeting stands up and says something grossly anti-Muslim, because that absolutely will happen. Will they agree? Will they just try to change the subject? Or will they say, “Now hold on there”? That’ll show us what they’re really made of.

 

By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Plum Line Blog, The Washington Post, February 20, 2015

February 22, 2015 Posted by | Conservatives, GOP Presidential Candidates, Islamophobia | , , , , , , , , , | Leave a comment

“Jurisdiction-Stripping”: Roy “Ten Commandments” Moore Is Back With His Constitution-Defying Tricks

Roy Moore, Chief Justice of the Alabama Supreme Court, best known for his flouting of the Establishment Clause for refusing, in 2003, to remove a 2.6 ton Ten Commandments monument from the Supreme Court building, is now questioning the jurisdiction of federal courts to decide the constitutionality of same-sex marriage bans.

After Moore was removed from the bench in that same year, he ran for governor several times and flirted with running for president. He won reelection to the Alabama high court in 2012.

Writing to Alabama Governor Robert Bentley today, Moore complains that last week’s federal court ruling striking down Alabama’s ban on same-sex marriage “has raised serious, legitimate concerns about the propriety of federal court jurisdiction over the Alabama Sanctity of Marriage Amendment.” In the letter, Moore warns that local clerks who issue marriage licenses to same-sex couples will be “in defiance of the laws and Constitution of Alabama.”

Moore is attempting to argue for jurisdiction-stripping, a maneuver to deprive a federal court (despite what is required in the Constitution itself) of the ability to decide questions of federal Constitutional law. Moore, of course, cannot do this unilaterally; like his Ten Commandments stunt, he would be in defiance of the federal Constitution with his antics. All his efforts, and all his appeals to religion, can’t change the simple fact that under the Constitution, federal courts, not state courts, decide matters of federal constitutional law.

But Moore believes the Bible trumps the Constitution (or at least his version of the Bible). As Julie Ingersoll has observed, “Moore’s underlying philosophy of law is that only God and the Bible can be the source of moral authority.”

This wouldn’t be the first time that Moore has attempted (utterly unsuccessfully, I might add) to shut down a federal court’s constitutionally-granted jurisdiction and authority over constitutional matters, as I noted in 2011:

After Moore was stripped of his judgeship for defying a federal court order to remove his monument, [his lawyer, Herb] Titus drafted the Constitution Restoration Act, which would have deprived federal courts of jurisdiction in cases challenging a government entity’s or official’s “acknowledgment of God as the sovereign source of law, liberty, or government.” The bill, which did not pass, nonetheless had nine Senate co-sponsors and 50 House co-sponsors; including House Majority Leader Eric Cantor, Bobby Jindal, now the governor of Louisiana, Nathan Deal, now the governor of Georgia, and Mike Pence, a conservative hero who’s now running for governor of Indiana.

Moore argues in his letter to Bentley today that “The laws of this state have always recognized the Biblical admonition stated by our Lord,” citing Mark 10:6-9 (“But from the beginning of creation God made them male and female. . . What therefore God hath joined together let not man put asunder.”)

When others, like Mike Huckabee, speak loosely of the Supreme Court lacking the authority to decide whether same-sex marriage bans violate the Constitution, it stems from the ideology of Moore and his ilk: that despite what the Constitution says, the Bible comes first. Something tells me, though, Moore’s new stunt won’t fare much better than his last.

 

By: Sarah Posner, Religion Dispatches, January 27, 2015

February 1, 2015 Posted by | Marriage Equality, Roy Moore, U. S. Constitution | , , , , , , | Leave a comment

“Not A Great Sign”: Christie Sinks To Embarrassing New Low In 2016 Poll

Since shortly after the 2012 presidential election, New Jersey governor Chris Christie has made it very clear that he plans to run for the White House in 2016. But according to a new survey, Republicans would rather he stay in the Garden State.

That’s the takeaway from a CBS News poll, released Sunday, which asks Americans who they would — and would not — like to see run for president.

Republicans are intrigued by several potential candidates. They agree 59 to 26 percent that Mitt Romney should launch a third presidential bid — a much warmer reception than he’s received from party insiders — and 50 to 27 percent that former Florida governor Jeb Bush should try to become the third member of his family to win the White House. Former Arkansas governor and Fox News host Mike Huckabee also polls well, with 40 percent wanting him to run and 29 percent hoping he declines.

But Republicans are much more sour on Christie: Just 29 percent want to see him join the race, while 44 percent disagree. Only former Alaska governor Sarah Palin polls worse, with 59 percent urging her to stay out of the race and 30 percent hoping she jumps in.

Considering that Christie has been traveling the country in a highly publicized shadow campaign, while Palin has been filling her days with impeachment calls and incomprehensible rambling, that’s not a great sign.

It’s not just national Republicans who aren’t crazy about a potential Christie campaign; his own constituents don’t seem very enthused by the idea, either. A Fairleigh Dickinson University poll released last week found that 47 percent of New Jersey voters disapprove of Christie’s job performance, compared to just 39 percent who approve. Furthermore, voters agreed 53 to 32 percent that Christie is more concerned with running for president than being governor, and an overwhelming 72 percent said that Christie’s gubernatorial decisions are influenced by his presidential ambitions.

Previous polls have found likely Democratic nominee Hillary Clinton walloping Christie in New Jersey in a hypothetical presidential matchup.

According to the CBS poll, Democrats are much more excited for a Clinton campaign than Republicans are about Christie; 85 percent of Democrats want Clinton to run for president, while just 11 percent want her to pass on the race.

 

By: Henry Decker, The National Memo, January 19, 2015

January 20, 2015 Posted by | Chris Christie, Election 2016, GOP Presidential Candidates | , , , , , | 1 Comment

“So Much For The Deep Bench”: Republicans Look To The Past For 2016

On Friday, 2012 Republican presidential nominee Mitt Romney walked back months of promises and told a group of his past donors that he is “seriously considering” another White House bid. According to the Washington Post, he then spent the weekend “calling former aides, donors and other supporters” to rebuild his political operation, and even told one senior Republican that he “almost certainly will” launch another presidential campaign.

There’s still plenty of reason to believe that Romney will not run — and that he’d struggle to win if he did. But if Romney does join the race, he won’t be the only retread candidate seeking the GOP nomination in 2016.

Romney’s runner-up in 2012, former Pennsylvania senator Rick Santorum, has made no secret of his intention to pursue the Republican nomination again. When Santorum was informed that Romney may run again in 2016, he reportedly responded, “bring it on,” and declared that he sees himself as “the winner” in what looks as though it will be a crowded field. Former Texas governor Rick Perry has also begun laying the groundwork for a campaign, huddling with donors and policy experts in the hopes of avoiding a repeat of his 2012 disaster.

If Santorum does run, he’ll likely be joined by fellow Iowa caucus winner Mike Huckabee. The former Arkansas governor recently ended his Fox News show to explore a White House bid. Huckabee won 278 delegates in the 2008 presidential race, barely edging Romney’s 271 but losing easily to Senator John McCain (R-AZ), who has dismissed 2016 speculation by quoting the late Morris Udall: “The people have spoken — the bastards.”

As Romney, Huckabee, Perry, and Santorum weigh their options, former Florida governor Jeb Bush has moved decisively towards a run and established himself as the early frontrunner. Of course, Bush isn’t exactly a fresh face, either; he has not held elected office in six years, and he would almost certainly not be mentioned as a top-tier candidate were he not the brother of the 43rd president and the son of the 41st.

There’s plenty of precedent for Republicans considering well-known national figures and former candidates for their nomination; it’s been the party’s modus operandi for decades. But this year was supposed to be different. As various pundits repeated ad nauseam during the 2012 campaign, the Republican Party was supposed be the party with a “deep bench” of “rising stars” to lead America into the future. But upon further review, anointing Bob McDonnell, Chris Christie, or Marco Rubio as the party’s standard-bearer doesn’t seem like such a great idea.

Some candidates who won media favor in 2012 (such as Wisconsin governor Scott Walker and Kentucky senator Rand Paul) still seem capable of mounting serious campaigns. But they have generated so little support as to leave candidates like Romney and Huckabee confident that they could run again and win. And so the GOP once again seems poised to turn to its failed candidates of the past.

Perhaps it’s no wonder that many Republicans seem determined to take down Democratic frontrunner Hillary Clinton with a campaign straight out of 1994.

 

By: Henry Decker, The National Memo, January 13, 2015

January 17, 2015 Posted by | Election 2016, GOP Presidential Candidates, Mitt Romney | , , , , , , , | 1 Comment