“Real World Consequences”: Why The Senate’s Nuclear Option On Filibuster Reform Matters
If you care about reproductive rights, the environment or worker rights, the decision by Senate Majority Leader Harry Reid and the chamber’s Democrats – including courageous votes by this state’s senators, Mark Udall and Michael Bennet – Thursday to reform the filibuster on presidential appointments matters. A lot.
This is not just inside-the-Beltway jabberwocky. Invoking the “nuclear option” so that a simple, 51-vote majority is all that’s needed to confirm judges below the Supreme Court level and other presidential appointments will have a profound effect on the everyday lives of many Americans. Courts are missing judges thanks to an unprecedented refusal by Republicans to confirm the president’s nominees. This is purely political, not about qualifications: as Senate Republicans have bluntly admitted, all Obama nominees are bad.
And this obstruction has real world consequences both in terms of shorthanded courts and the decisions they make.
So, for example, the 10th Circuit Court of Appeals, which is located here in Denver and handles all federal court appeals for not only Colorado but also Kansas, New Mexico, Oklahoma, Utah and Wyoming, has two vacancies thanks to GOP filibustering. And as Colorado Ethics Watch has noted, 98 percent of all federal appeals are decided at the Circuit Court level, meaning that, “decisions of the 10th Circuit on important issues such as the environment and federal land policy, reproductive freedom, voting rights and money in politics, and civil rights are often final and binding for the states in the Circuit.”
In addition to refusing to act on qualified judges to the 10th Circuit, Republicans have repeatedly blocked qualified judicial nominees to the District of Columbia Circuit Court. Per Ethics Watch, “The D.C. Circuit is a traditional stepping-stone to the U.S. Supreme Court, with four of the current justices having previously sat on the D.C. Circuit. Currently, three of the D.C. Circuit’s 11 judgeships are vacant, including one that has been open since its previous occupant, John Roberts, was confirmed chief justice of the United States in 2005.”
Judicial vacancies and court rulings matter. Without fair courts that have diverse and impartial judges, we won’t have justice when it comes to women’s health and reproductive rights.
To wit, on November 1, with three judicial vacancies thanks to Republican obstruction and no Obama nominees on the bench, the D.C. Circuit Court ruled that the Affordable Care Act’s requirement that employers provide contraception in their health insurance plans violated religious freedom. Denver’s 10th Circuit, with two Republican-blocked vacancies, decided a similar case the same way, setting up a Supreme Court challenge on whether or not women have the right to birth control regardless of their employers’ religious beliefs. This has profound and dangerous implications even beyond reproductive rights: it threatens to upend the very notion of secular labor law. What if an employer decided their religious beliefs meant they didn’t have to pay Social Security taxes, follow wage and hour guidelines, or hire workers of a different race?
So this isn’t some arcane procedural maneuver by the Senate, it’s the end result of the Republican Party refusing to respect a Democratic president. As for the argument from the right that a future Republican majority will use this move against Democrats: Republicans have broken every deal they’ve made so far to avoid the “nuclear option.” There’s little doubt that they’d change the rules anyway if they magically got the majority.
At least this way a Democratic President, Barack Obama, sees that he, his judicial nominees and appointments, and the American people get a bit more justice.
By: Laura Chapin, U. S. News and World Report, November 22, 2013
“The Texas Abortion Emergency”: This Isn’t Complicated, Women Are Paying An Unconstitutional Price
Outside the chambers of federal appellate judges Priscilla Owen, Jennifer Elrod, and Catharina Haynes, virtually everyone understands that H.B. 2, the new Texas law that places various restrictions on a woman’s ability to obtain an abortion, is not about protecting women’s health — it’s about stopping abortion.
And yet on Friday, those three judges, who sit on the U.S. Court of Appeals for the Fifth Circuit in New Orleans, ruled that the law could go into effect, since it was “not designed to strike at the right itself,” and wasn’t invalid simply because it “has the incidental effect of making it more difficult or more expensive to procure an abortion.”
That ruling led to the immediate closure of one-third of clinics in Texas where abortions are performed — several in rural areas that serve women without the means to travel hundreds of miles to another clinic.
On Monday morning, Supreme Court Justice Antonin Scalia allowed the charade to continue for at least another week when he declined to grant an emergency request by the law’s challengers to stay the appeals court’s ruling, and ordered the state to file a response by Nov. 12. (Justice Scalia hears all emergency-stay applications out of the Fifth Circuit.)
The law requires, among other things, a doctor to have admitting privileges at a hospital no more than 30 miles from where he or she performs abortions. On Oct. 28, U.S. District judge Lee Yeakel ruled that this provision was “without a rational basis and places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”
The state appealed immediately, and on Friday, the Fifth Circuit panel issued its stay of Judge Yeakel’s ruling.
But no matter what the panel says, the law is intended precisely to “strike at the right itself” — only dishonest politicians pretend otherwise. Making it harder for women to get an abortion is not an “incidental effect” of the law; it is its primary goal.
Consider the words of Texas solicitor general Jonathan Mitchell, who claimed during the trial before Judge Yeakel that the state has a vested interest in “protecting the life of the unborn child,” and thus may impose “inconveniences on women seeking abortion in hopes that it may lead women considering abortion to consider childbirth instead.”
Like similar laws popping up all over the country, H.B. 2 is cloaked in the guise of protecting women’s health only because anti-abortion activists know it’s their best shot of surviving judicial scrutiny.
This shouldn’t be complicated. On one side is a law of dubious constitutionality passed by legislators who openly admit their desire to end all abortions. On the other side are real women whose constitutional right to have an abortion is being effectively blocked.
The arguments of all sides have been on the table for months, which is why Texas was able to file its appeal within hours of the district court’s ruling. Now the state has at least another week, while Texas women pay the price.
By: Jess Wegman, The Opinion Pages, The New York Times November 4, 2013
“Feeding The Gullible Beltway Media”: The Delusional And Dangerous Paul Ryan Holds Himself Up As A Broker
It’s a measure of how gullible the Beltway media are that when Rep. Paul Ryan held himself up as the guy to broker a GOP deal on the debt ceiling and government shutdown with President Obama last week, he was greeted as a potential savior. Nobody seemed to notice that he was trying to push much of his discredited Ryan budget on Democrats in exchange for Republicans simply doing their job: opening up government and avoiding a debt default.
As Senate Majority Leader Harry Reid has belatedly begun reminding people, those are not concessions. Republicans say they want both things, and they should: their poll numbers are in the toilet and constituents are furious because of the government shutdown, and a debt ceiling would crater the economy.
But Ryan pushed anyway, as though he had a chance to force his terms on Obama and recalcitrant Democrats. That’s almost as delusional as former Vice President Dick Cheney saying we would be “greeted as liberators” in Iraq. But let’s give Cheney credit for one thing: He was elected vice president, twice. Ryan failed at that task a year ago and cannot be considered a serious candidate for national office.
The National Review’s Robert Costa, who is doing some of the best reporting on the House GOP, took issue with my calling Ryan “delusional” on MSNBC’s “Up with Steve Kornacki” Sunday morning. “I don’t think the word is delusional, because there was a moment last week when Ryan published that Wall Street Journal op-ed, the House was really leading the talks, and Ryan was engaging directly with the president. For a brief moment it seemed like Ryan could be the one to get his right flank to come along….Once Harry Reid really stepped into the fray, Paul Ryan’s whole influence over the process kind of evaporated.”
OK, but isn’t it a little bit delusional to believe Reid would stay out of the fray? Now comes news that Ryan has done a 180 and declared that House Republicans must fight whatever the Senate comes up with, even a compromise floated by GOP Sen. Susan Collins of Maine that Reid has already rejected for giving up too much. While the Collins proposal would open the government for six months and lift the debt ceiling enough to get to January, it delays the medical device tax two years and sets other conditions on the Affordable Care Act. Reid insists the Senate won’t negotiate about the ACA or anything else under debt-ceiling/shutdown duress.
Ryan, who was savaged by some on the right last week for seeming to trade the goal of repealing Obamacare in exchange for Obama embracing most of the infamous Ryan budget, is now back to Obamacare. In fact, he’s insisting the House GOP shouldn’t back any deal that opens the government or extends the debt ceiling deadline without major changes to the Affordable Care Act, including letting employers withhold birth-control coverage from insurance plans for religious reasons.
Get it? They’re back to their crusade against birth control access. If that doesn’t define delusional, I’m not sure what does.
To be fair to Ryan, he dropped his politically toxic plan to voucherize Medicare in his latest proposal and mostly stuck to Medicare trimming that Obama himself had endorsed in the last round of grand bargain negotiating in 2011. While I think the president was willing to go too far to cut a deal – and may have been saved from himself by Republican insanity – it must be noted he was offering those cuts in exchange for major revenue increases. He was not offering them in exchange for the House and Senate GOP coming to its senses and doing its job, instead of holding the country hostage to pass legislative changes they can’t win enough political power to enact through legislation.
So yes, Ryan was always delusional – but now he’s even more so. The individual mandate will not be delayed, and the contraceptive provisions of the ACA will not be made optional. What’s dangerous is that Beltway reporters are so hungry for signs of GOP sanity that they hold up Ryan as reasonable, which feeds his own delusion that he’s politically crucial.
Now Ryan is really, really angry at Senate Republicans, according to NRO’s Jonathan Strong, and he’s going to take his ball and go home. “They’re trying to cut the House out, and trying to jam us with the Senate. We’re not going to roll over and take that,” Ryan told reporters on Saturday.
The only way this ends is the only way it ever was going to end: with House Speaker John Boehner, having let extremist GOP babies cry themselves out, finally passing a deal with the support of Democrats. And he shouldn’t count on them being the Democrats who approved the debt-ceiling “deal” that ultimately imposed sequester cuts, or the fiscal-cliff deal that compromised on tax rates and kicked those cuts down the road. On both the Senate and House side – where Minority Leader Nancy Pelosi openly frets that Democrats have “been enablers” of the “irresponsible” GOP – there’s a new tone of toughness. Let’s hope it holds.
By: Joan Walsh, Editor at Large, Salon.com, October 13, 2013
“Wildly Misleading Pernicious Ads”: Sabotaging Health Care, One Lie At A Time
A Koch-brothers funded conservative group, Generation Opportunity, is out with a wildly misleading, pernicious set of ads aimed at sabotaging the Affordable Care Act by discouraging young people from signing up for health insurance exchanges.
One’s aimed at young men, the other at young women. In the “for him” version, an actor tells his doctor that he saw an ad for the Affordable Care Act and “figured, why not?” The doctor tells him to take his pants off, “hop up here, lay down and bend your knees to your chest.” He leaves the room. Then a man wearing an Uncle Sam mask snaps on a blue glove. As if the message weren’t perfectly clear, the ad states: “Don’t let government play doctor.”
The “for her” version is much the same, except in that case Uncle Sam’s performing a gynecological exam.
The ads are as offensive as they are derivative.
During the 2012 campaign, the reproductive rights site Lady Parts Justice released a web video attacking laws requiring women to undergo medically unnecessary ultrasounds before receiving abortions. In that spot, a woman with her feet in stirrups explains that she wants an abortion because she’s “just not emotionally or financially ready to have kids right now.” The doctor, sitting between her legs, responds, “OK, well, just so you know, the law says that before I can do that, I need to do some things to you that you need to pay extra for. You know, just some things that will help you better understand what it is you really want.” These “things” include inserting a camera into her vagina and looking at pictures of what’s inside her uterus.
But that video made sense—states actually did pass laws interfering with the doctor-patient relationship—whereas the Generation Opportunity ads perpetuate outright lies. Young people who sign up for exchanges won’t be getting access to government-run healthcare (if only they were!), but to privately run insurance. Nor does the A.C.A. force doctors to ask patients about their sex lives or perform unwanted exams—as Politifact explained recently. Under the A.C.A., government doesn’t “play doctor,” it merely enables access to doctors who then decide, using their professional judgment, the best course of action.
Signing up for an exchange isn’t an act of political (or sexual) submission. It’s just a way to get insurance if you don’t have a job or your employer doesn’t provide it. The Generation Opportunity crowd surely knows that and obviously doesn’t care because its priority now, as ever, is bringing down President Obama’s signature domestic accomplishment. The group also doesn’t care about the possibility that some number of young people, scared by its ads, will forego access to affordable care, get sick, and go bankrupt paying their medical bills.
By: Julie Lapidos, Opinion Pages Editor’s Blog, The New York Times, September 23, 2013
“The Most Dangerous Negro”: Daring To Dream Differently And Imagining Something Better
The Rev. Dr. Martin Luther King Jr.’s “I Have a Dream” so disturbed the American power structure that the F.B.I. started spying on him in what The Washington Post called “one of its biggest surveillance operations in history.” The speech even moved the head of the agency’s domestic intelligence division to label King “the most dangerous Negro of the future in this nation from the standpoint of Communism, the Negro and national security.”
Of course, King wasn’t dangerous to the country but to the status quo. King demanded that America answer for her sins, that she be rustled from her waywardness, that she be true to herself and to the promise of her founding.
King was dangerous because he wouldn’t quietly accept — or allow a weary people to any longer quietly accept — what had been. He insisted that we all imagine — dream of — what could and must be.
That is not the mission of politicians. That is the mission of a movement’s Moses.
And those Moses figures are often born among the young who refuse to accept the conditions of their elders, who see injustice through innocent eyes.
King was just 34 years old in 1963.
As President Obama put it Wednesday:
“There’s a reason why so many who marched that day and in the days to come were young, for the young are unconstrained by habits of fear, unconstrained by the conventions of what is. They dared to dream different and to imagine something better. And I am convinced that same imagination, the same hunger of purpose serves in this generation.”
So now, America yearns for more of these young leaders, and in some ways it has found some, not just in the traditional civil rights struggle but also in the struggles to win L.G.B.T. rights and to maintain women’s reproductive rights.
Yet there remains a sort of cultural complacency in America. After young people took to the streets as part of the Arab Spring, many Americans, like myself, were left wondering what had become of American activism. When was the last time our young people felt so moved that they took to the streets to bring attention to an issue?
There were some glimmers of hope around Occupy Wall Street and the case of Trayvon Martin, but both movements have lost much of their steam, and neither produced a clear leader.
So as we rightfully commemorate the March on Washington and King’s speech, let us also pay particular attention to the content of that speech. King spoke of the “fierce urgency of now,” not the fierce urgency of nostalgia.
(I was struck by how old the speakers skewed this week during the commemorations.)
What is our fierce urgency? What is the present pressure? Who will be our King? What will be our cause?
There is a litany of issues that need our national attention and moral courage — mass incarceration, poverty, gun policy, voting rights, women’s access to health care, L.G.B.T. rights, educational equality, immigration reform.
And they’re all interrelated.
The same forces that fight to maintain or infringe on one area of equality generally have some kinship to the forces that fight another.
And yet, we speak in splinters. We don’t see the commonality of all these struggles and the common enemies to equality. And no leader has arisen to weave these threads together.
Martin Luther King was a preacher, not a politician. He applied pressure from outside the system, not from within it. And I’m convinced that both forms of pressure are necessary.
King’s staggering achievement is testament to what can be achieved by a man — or woman — possessed of clear conviction and rightly positioned on the side of justice and freedom. And it is a testament to the power of people united, physically gathering together so that they must be counted and considered, where they can no longer be ignored or written off.
There is a vacuum in the American body politic waiting to be filled by a young person of vision and courage, one not suckled to sleep by reality television and social media monotony.
The only question is who will that person be. Who will be this generation’s “most dangerous” American? The country is waiting.
By: Charles M. Blow, Op-Ed Columnist, The New York Times, August 28, 2013
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