“The Supreme Court’s Ruling Be Damned”: Ted Cruz Isn’t Taking The Marriage Ruling Well
At an event over the weekend, Rep. Steve King (R-Iowa) was asked about last week’s Supreme Court rulings on the Affordable Care Act and marriage equality. The right-wing Iowan, not surprisingly, wasn’t pleased, calling the court decisions “the heaviest one-two punch delivered against the Constitution and the American people that we’ve ever seen in the history of this country.”
Of course, Steve King is expected to say things like this. When presidential candidates go over the top in the same way, it’s a little more alarming. MSNBC’s Benjy Sarlin reported:
Sen. Ted Cruz (R-Tex.) went so far as to call for a constitutional convention to overturn the court’s decision while campaigning in Iowa, according to CNN. In an interview with Sean Hannity he called the back-to-back rulings on health care and gay marriage “some of the darkest 24 hours in our nation’s history.”
Hannity, incidentally, found Cruz’s rhetoric quite compelling, responding, “I couldn’t say it more eloquently.”
For what it’s worth, it’s not hard to think of some genuinely tragic 24-hour periods in American history. The Lincoln assassination comes to mind. So does the time British troops burned the White House. There were days during the Civil War in which tens of thousands of Americans died on the battlefield. Just in the last century, we witnessed the JFK assassination, Pearl Harbor, and a corrupt president resign in disgrace.
For the Republican presidential hopeful, learning that Americans will have health benefits and loving couples will get married belongs on the same list.
To be sure, while much of the country will probably find that odd, it’s equally important to appreciate what Cruz intends to do with his outrage.
On the Affordable Care Act, the Texas senator will, naturally, continue to push a pointless repeal crusade. On marriage rights, Cruz intends to “focus on defending religious liberty by protecting those who act on their conscience and appointing judges who understand the limits placed on them by the Constitution.”
But it’s the Republican’s plans for the high court itself that stand out. The Huffington Post reported:
To challenge that “judicial activism,” Cruz said he is proposing a constitutional amendment to require Supreme Court justices to face retention elections every eight years. […]
Under Cruz’s proposed amendment, justices would have to be approved by a majority of American voters as well as by the majority of voters in least half of the states. If they failed to reach the required approval rating, they would be removed from office and barred from serving on the Supreme Court in the future.
Soon after, the senator said he “absolutely” believes county clerks in Texas should freely refuse marriage licenses to couples who wish to marry, the Supreme Court’s ruling be damned.
As ridiculous as Cruz’s posturing seems, it’s important to remember the broader context: national GOP candidates have a built-in incentive to be as hysterical as possible right now, in the hopes of currying favor with the party’s base. Mild, reasoned disappointment with the court doesn’t impress far-right activists; unrestrained, hair-on-fire apoplexy does.
Ted Cruz appears to understand this dynamic all too well.
By: Steve Benen, The Maddow Blog, June 29, 2015
“The Brains Of Many White Racists”: No, There’s No Comparison Between The Freddie Gray And Duke Lacrosse Cases
Shortly after the indictments dropped against the police officers allegedly responsible for killing Freddie Gray, a number of conservative blowhards from Sean Hannity to Alan Dershowitz have shared their outrage of the supposed injustice of it all. But the most hilarious case involves Milwaukee County sheriff David Clarke who compared it to the Duke Lacrosse case.
Obviously, most of this backlash is purely racially motivated by racist agitators. The prospect of black female state’s attorney indicting six police officers for murdering a black male without threat or probable cause causes short circuits of outrage in the brains of many white racists. They view poor blacks as dangerous inferiors to be kept in line by authorities by any means necessary, including but not limited to murder.
But the comparison to the Duke Lacrosse case is particularly stupid. There was plenty of reason to be skeptical in that incident. I myself took my lumps within the progressive blogosphere for urging caution on it from the start, and I ended up being right. From the beginning there was no physical evidence of rape, and the accuser’s story was filled with inconsistencies. That admittedly happens frequently in cases where rape has actually occurred, of course, so it’s not surprising or objectionable that charges were brought in the case. But justice eventually followed its due course in the case as the evidence presented itself, with the greatest damage being that inflicted by the media on the defendants, as well as the damage inflicted on real victims of rape by the public example of a false accuser–since only a small fraction of rape accusations turn out to be false.
The Freddie Gray case, on the other hand, is pretty open and shut as far as the evidence is concerned. The knife carried by Mr. Gray was legal in Maryland, so the police had no reason or probable cause to stop him. They failed, against regulations, to put a seat belt on Mr. Gray. They have a longstanding tradition of punishing suspects by roughriding them in unsecured vans, and have been sued for millions of dollars for doing just that. The evidence strongly suggests that Mr. Gray (if he was not beaten beforehand) was likely shackled hands and feet, tossed into the back of the vehicle and roughrided until a particularly forceful impact severed his spine.
That is murder, and the evidence is very clear on the matter. The only question will hinge on whether the police can be reasonably expected to have thought that the roughriding would do severe physical damage to Mr. Gray–and not even that point is seriously in question. A bevy of lawsuits for physical injury against the Baltimore PD demonstrates that they knew very well the kind of harm that Mr. Gray’s treatment could do to him.
To compare that incident to the Duke Lacrosse case is to exercise a kneejerk racist prejudice against any white person accused of doing harm to a less powerful black person. Justice was done in the Duke case by finding the defendants innocent, and it will very likely be done in Baltimore by finding the defendants guilty.
By: David Atkins, Political Animal Blog, The Washington Monthly, May 2, 2015
“It Might Be Fox-Proof But It’s Not Foolproof”: The Video Of The Walter Scott Killing Has Silenced Fox Critics
The video that Feidin Santana took of Michael Slager, a white North Charleston, South Carolina police officer, allegedly shooting and killing Walter Scott, a 50-year-old black man, is Fox-proof.
The three-minute-plus video shut up the inevitable police apologists who’d always find a way to blame the black guy for his own death by saying he acted in a threatening manner. But now, even Fox News folks are saying it’s right and just that Slager has been charged with murder.
“This is not Ferguson,” Andrew Napolitano said on Fox & Friends on Wednesday. “In Ferguson, there was a bona fide fight over the officer’s gun and the officer won the fight. This is [sic] two disparate cases. This is a victim running away from the police, shot in the back. This is what some people said Ferguson was, but it turned out it wasn’t.”
Dr. Ben Carson, Fox’s favorite black GOP presidential candidate, called it “an execution.”
(UPDATE: You might think that the dash-cam video released last night showing the traffic stop and Scott running away would trigger a Fox instinct to reverse course and blame the victim. But, so far, that hasn’t happened. Sean Hannity said last night that Scott “was not a threat to anybody” and that it’s “irrelevant what happened leading up to” Slager shooting him. And this morning on Fox, conservative radio host Lars Larson said he still believes “the officer committed murder.”)
No, the Fox line seems to be that now that Slager is sitting in jail without bail, justice has been served, the system works. So let’s move on, folks. And, oh yeah, it’s not a race thing. Greg Gutfeld on Fox’s The Five claimed, as if channeling the “color-blind” Stephen Colbert, “I didn’t see a black man killed by a white cop. I saw a man shoot another man in the back.”
That’s funny, because the video is incredibly detailed and definitive. Arguably more definitive than the videos showing the death-by-chokehold of Eric Garner in New York, or the death of Tamir Rice, the 12-year-old boy in Cleveland shot by police for playing with what turned out to be a toy gun, or the unprovoked shooting of an unarmed man, Levar Jones, by a South Carolina state trooper, or the brutal beating of Rodney King that set off the Los Angeles riots in 1991 after the officers were acquitted. They are all shocking videos, and they led to various degrees of punishment—or not—for the police involved. But the Walter Scott video is the most overwhelmingly convincing of them all.
While it’s always possible for video to be misleading or confusing, Santana’s isn’t. We don’t have to wonder what’s not in the picture.
First of all, it’s long. It’s true, the video doesn’t show the very beginning, when Slager stops Scott for a broken tail-light and Scott reportedly runs into a nearby grassy field. That’s where Slager used a taser on Scott and claims that the motorist tried to wrestle it from him; the officer told authorities he “feared for his life.”
It’s at that point that Feidin Santana, a young man walking his regular route to his job at a barbershop, began recording the incident on his cell phone. As Scott runs away from him, Slager is seen firing at Scott’s back eight times until he falls to the ground. After cuffing Scott, who is possibly dead at this point, Slager goes back to pick up what appears to be the stun gun and drops it near Scott’s body, as if to frame Scott as a very dangerous man. (The video also appears to show that none of the police who soon arrived administered any life-saving measures.)
Secondly, the video is shot in the middle distance—not so far that people look like blurry dots, nor so close or narrowly framed that vital information is missing. (The too-close classic: footage of people tearing down a statue of Saddam Hussein in Baghdad after the American invasion. They looked like a passionate, American-welcoming mob—until later footage zoomed out to reveal they were a small group of people who needed help from an American military vehicle to actually take the statue down.)
Santana’s video is choppy and shaky, surely because he was nervous, but also because he was moving with the action. “I witnessed it with my eyes and let the video do the recording,” he said in one of his several MSNBC and NBC interviews. Toward the end of the video, Santana still more bravely walks closer to the officer and Scott’s body. Widely called a hero, Santana said that early on he considered erasing the video because he feared for his life. But after reading the police report that made it seem that Scott was the aggressor, Santana gave the video to the Scott family.
The worst thing about the video is that it surfaced by pure chance. “A gift from god,” the Scott family lawyer, Chris Stewart, told MSNBC’s Joy Reid. “A person happened to be in the right spot at the right time to see this incident, and be quick enough to pull out that phone and record it. And not only that, that probably happens all the time. Right now somebody is probably filming an incident that if they stepped forward it would help that person, but they’re going to keep driving or keep walking or say, ‘Oh, I don’t want to get involved,’ or feel threatened or scared.”
Walter Scott’s younger brother, Anthony, put it best. “I hate that it had to be a video to prove to take it to this level. Because we have fallen brothers all the time, and they just fall for different reasons in different parts of the country, and they’re just not investigated or taken to this level. And I think it should be looked in deeper.” He’s hoping for justice, he said, but “I won’t be satisfied till I hear a guilty verdict.”
Indeed, this video might be Fox-proof but it’s not foolproof. Nor are the increasing number of body cams and dashboard cams used by police departments throughout the country. They can absolutely help—North Charleston has them on order, and if Slager had been using one, it’s reasonable to wager that Scott would still be alive.
Cameras, however, whether wielded by bystanders or police (or with the help of apps that film and upload to YouTube with one push of a button), don’t get to the root of police corruption and systemic racism.
But video is now a matter of life and death, crime and punishment, and all too often it’s the only way that white people and white media will believe what black people have to say.
By: Leslie Savan, The Nation, April 10, 2015
“No Is A Poor Answer”: Any Regrets Over The Terri Schiavo Fight?’
At last week’s CPAC event, Fox’s Sean Hannity asked former Florida Gov. Jeb Bush (R), “Any regrets over the Terri Schiavo fight?” The likely presidential candidate responded that he has no regrets at all.
“[I]n this case, here was a woman who was vulnerable, and the court, because of our laws, didn’t allow her – they were going to allow her to be starved to death,” Bush said. “So we passed a law, Terri’s Law that was a year later ruled unconstitutional. I stayed within the law, but I acted on my core belief that the most vulnerable in our society should be in the front of the line. They should receive our love and protection. And that’s exactly what I did.”
The far-right audience applauded the answer, though Bloomberg Politics reports today that some social conservatives in Iowa are still bothered Bush didn’t defy the judiciary and ignore court orders.
Michael Schiavo, however, has a very different perspective.
Michael Schiavo was the husband of Terri Schiavo, the brain-dead woman from the Tampa Bay area who ended up at the center of one of the most contentious, drawn-out conflicts in the history of America’s culture wars. The fight over her death lasted almost a decade. It started as a private legal back-and-forth between her husband and her parents. Before it ended, it moved from circuit courts to district courts to state courts to federal courts, to the U.S. Supreme Court, from the state legislature in Tallahassee to Congress in Washington. The president got involved. So did the pope.
But it never would have become what it became if not for the dogged intervention of the governor of Florida at the time, the second son of the 41st president, the younger brother of the 43rd, the man who sits near the top of the extended early list of likely 2016 Republican presidential candidates…. Longtime watchers of John Ellis Bush say what he did throughout the Terri Schiavo case demonstrates how he would operate in the Oval Office. They say it’s the Jebbest thing Jeb’s ever done.
“It was a living hell,” Michael Schiavo told Politico, “and I blame him.”
Folks should read the whole report to get a complete picture, but there’s one angle to this story that often goes overlooked, and which Jeb will probably have to comment on sooner or later. Those who followed the story at the time probably remember the gist of the heartbreaking controversy: Terri Schiavo spent a decade in a vegetative state. Michael Schiavo eventually decided it was time to remove his wife from the feeding tubes that were keeping her alive, and he went to court to get approval to allow Terri to die naturally.
Jeb Bush intervened and a political circus ensued.
What I’d forgotten about was that Terri Schiavo’s death did not end the controversy. In the summer of 2005, a few months after Schiavo passed, Jeb Bush asked a prosecutor to investigate whether Michael Schiavo called 911 too slowly 15 years earlier.
In other words, based on nothing, Florida’s then-governor kept pushing the Terri Schiavo controversy, even after she was gone, suggesting foul play may have been a factor in her case. Is it any wonder Michael Schiavo blames Bush for turning his life into “a living hell”?
It fell to Florida’s state attorney to tell Bush there was simply no evidence to substantiate the allegations.
“Any regrets over the Terri Schiavo fight?” is a good question. “No” is a poor answer.
By: Steve Benen, The Maddow Blog, March 6, 2015
“More About Marketing Than Math”: The Tea Party’s Big Idea To Shrink Government Is A Vacuous Nothingburger
Insurgent political movements are usually built around a big idea, like abolition or workers’ rights. The Tea Party certainly has a big idea: Shrink the government.
Wanting to shrink the government is a perfectly reasonable impulse given the state of Washington’s finances. The federal debt has more than doubled as a share of GDP since 2007, and future spending projects are off the charts. The latest academic evidence suggests an increase in government size is associated with slower annual GDP growth.
It’s easy to see why this shrink-the-government idea is powerful, and how it fueled the Tea Party’s rapid ascent into a rocket-powered force on the right.
However, a big idea alone is not sufficiently enough, in and of itself, to guarantee success. And therein lies the Tea Party’s big problem.
The Tea Party’s blueprint for turning their raison d’être into reality is flawed. Called the “Penny Plan,” it’s a favorite of the Tea Party Patriots, media supporters such as Sean Hannity of Fox News, and fellow travelers in Congress, including possible 2016 presidential candidate Rand Paul and — perhaps most importantly — Mike Enzi, the new Republican chairman of the Senate Budget Committee.
First devised by Georgia businessman Bruce Cook, the Penny Plan would cut government spending by 1 percent a year until the federal budget is balanced. After that, federal spending would be capped at 18 percent of GDP, to match the long-term revenue trend. Here’s how Enzi touts the plan on his website:
Though only a 1 percent cut, the savings add up quickly to balance the budget. And if it’s done right, where we’re eliminating duplication and sensibly prioritizing, discomfort will be manageable. … Living with 1 percent less is a small price to pay in order to help bring this country back from the brink of catastrophic fiscal failure. [Enzi]
It sounds so simple! Well, it really isn’t.
For starters, the “penny” part of the plan is a gimmick, more about marketing than math. The Enzi version would cut 1 percent a year from total government spending, other than debt interest payments, for three years. Maybe that doesn’t sound like much. But once you factor in inflation, that works out to a 10 percent cut in real terms after three years.
Now maybe that still doesn’t sound like much. But getting such a reduction is tough enough that there are no details in the Penny Plan about what exactly would be cut. To balance the budget in 2018, according to CBO, it would require $540 billion in reduced spending. It can’t all come from reducing non-defense discretionary spending such as foreign aid or scientific research. That part of the budget, just 17 percent, or around $600 billion, is already at its lowest levels since the 1960s as a share of GDP.
That leads to a bigger problem with the Penny Plan: Is it realistic to cap long-term government spending at 18 percent of GDP — well less than the post-WWII average of 21 percent — when an aging population means increased spending on entitlements such as Medicare and Social Security? Remember, most of the spending increase from health-related entitlements and Social Security — 75 percent over the next quarter century — comes from simple demographics, more people getting benefits over a longer period of time. That works out to about 3 percentage points of GDP in additional spending baked into the budgetary cake. Overall, CBO projects total spending at 26 percent of GDP by 2039.
Just keeping long-term spending at its historic average will be a huge challenge, much less sharply reducing it. If you also want to spend a bit more on important public investments such as infrastructure and basic research while keeping military spending constant — well, good luck. Even the GOP Senate’s new balanced budget amendment — which doesn’t calculate debt interest payments as spending — would have a tough time hitting its 18 percent target.
That the Penny Plan offers zero specifics on how to make the numbers work undercuts its seriousness. It would obviously require sweeping entitlement reform — and more. But Enzi, for one, argues that “we should focus on identifying and eliminating all of the wasteful spending that occurs in Washington before we look to other important programs and services.” That’s an evasion, though hardly a surprising one from a party that depends on older voters.
In fact, some on the right are trying to fudge that political reality by distinguishing between “earned” entitlements — Social Security and Medicare — that go to GOP-leaning voters and “unearned” entitlements — such as Medicaid and ObamaCare subsidies — that go to Democratic-leaning voters.
So yes, the Tea Party has a big idea. But it has no idea how to make it happen.
By: James Pethokoukis, The Week, February 19, 2015
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