“A Right-Wing Demand For Garbage”: The GOP Politics Of Paranoia Won’t Go Away
If the pending legislation intended to prevent gun violence is as awful as critics claim, they should, in theory, have a fairly easy task ahead. After all, they simply have to point to the legislation’s many flaws, and watch it crumble under the weight of its own futility, right?
But that’s always been the funny thing about demagoguery — it’s what desperate people rely on when they can’t win a debate on the merits. If accurate talking points are ineffective, just make stuff up, scare the bejesus out of people, and hope fear triumphs in the end.
Sen. Ted Cruz (R-Texas), for example, published this tweet over the weekend, warning of a “national gun registry.” As a factual matter, is there a “national gun registry”? No. Has anyone proposed a “national gun registry”? No. Would the pending legislation lead to a “national gun registry”? No.
Does the bipartisan compromise on expanded background checks explicitly rule out the possibility of a “national gun registry”? Yes.
But it doesn’t matter. Either Ted Cruz has created a fantasy world in which legislative details are the opposite of reality, or Ted Cruz assumes his far-right allies are easily fooled into believing nonsense. Either way, by counting on paranoia to rule the day, the Texas Republican — a U.S. senator, not some random media personality — has no qualms about promoting a ridiculous message like this.
Similarly, in recent days, Red State blogger and Fox News contributor Erick Erickson argued that “believing in a resurrected Jesus” will make you ineligible for gun ownership in five years under the bipartisan background-check compromise. Why does Erickson believe such silliness, and feel the need to share this nonsense with others? I haven’t the foggiest idea.
I do know, however, that it’s spreading — as we talked about over the weekend, Tony Perkins and the Family Research Council also argued that Christians may be prevented from buying firearms.
None of this relates to our version of reality in any way, but for the right, real-world arguments are apparently unpersuasive, creating a demand for garbage.
The politics of paranoia are apparently all conservatives have left.
By: Steve Benen, The Maddow Blog, April 15, 2013
“Court Packing Scheme”: GOP Plots To Hollow Out The Federal Courts
The high-water mark of FDR’s power came when he tried to give himself the power to appoint six new Supreme Court justices, which opponents decried as an underhanded scheme to rig the court with justices who favored his agenda.
Now, 75 years later, Republicans are trying to do the same thing, but in reverse. Sen. Chuck Grassley, the ranking Republican on the Senate Judiciary Committee and thus the most important member of his party on such issues, introduced legislation yesterday that seems innocuous enough at first. Here’s how he explained it in a hearing yesterday:
This legislation is straightforward. It would add a seat to the Second and the Eleventh Circuits. At the same time, it would reduce the number of authorized judgeships for the D.C. Circuit from 11 to 8. If adopted, this legislation would be a significant step towards rectifying the extreme disparities between the D.C. Circuit and the Second and Eleventh circuits.
Even the name of Grassley’s bill, “The Court Efficiency Act,” sounds anodyne, but the bill’s sponsors — including Sens. Ted Cruz and Mike Lee, two of the most extreme Republicans on legal issues — should give one pause.
See, for months, Republicans have been filibustering Obama’s nominations to the D.C. Circuit Court of Appeals, among others. Grassley’s bill would simply eliminate three of those vacancies, reducing the court from 11 to eight judges, and thus cement the existing conservative majority on the country’s second most powerful court, after only the Supreme Court.
Nan Aron, the president of the Alliance for Justice, a progressive legal advocacy group, said the move is just a clever reinterpretation of FDR’s “court-packing scheme.” “The conservative majority on the D.C. Circuit has used its power to issue decisions undermining protections for workers, consumers, and the environment that affect all Americans. This activism is possible only because there are four vacancies on the court,” Aron said.
The stated reason for Grassley’s bill is to equalize the caseload between the D.C. Circuit and other courts, but Ian Millhiser, a legal expert at the Center for American Progress, calls Grassley’s pretext “highly misleading.” “Unlike other federal courts of appeal, the D.C. Circuit hears an unusually large number of major regulatory and national security cases, many of which require very specialized legal research, involve intensely long records, and take more time for a judge to process than four or five normal cases of the kinds heard in other circuit,” he wrote at ThinkProgress.
While Democrats deployed the filibuster against judicial nominees under Bush, Republicans have used it far more often by any measure. The slow pace of confirmations has hollowed out the federal judiciary to such a degree that Chief Justice John Roberts warned the courts were facing a crisis and called on Republicans to advance more judges.
By: Alex Seitz-Wald, Salon, April 11, 2013
“An Undemocratic Body Becoming Even More Undemocratic”: Gun Debate Highlights Everything Awful About The U.S. Senate
The Washington Post reported yesterday evening that “senators might be on the cusp of a breakthrough” on gun legislation, after weeks of “stalled negotiations” leading to many observers pronouncing gun control doomed. (Though as Dave Weigel points out, the “all gun legislation is in deep trouble” idea arose mostly because Congress hasn’t been in session and hence no work has been done on any legislation.) The savior: Pennsylvania Republican Pat Toomey, who is now negotiating with Democrat Joe Manchin, after it was determined that Oklahoma Republican Tom Coburn was not worth wasting any additional time on. Toomey, you see, needs to win reelection in Pennsylvania, so he is going to be more reasonable than someone who won’t have to work very hard at all to win reelection in Oklahoma.
This is basically the way eminent Washington political elites like to pretend that the Senate is supposed to work, and the way they imagine it worked in the idealized past: A very conservative Democrat (from a tiny state) finding common ground with a Republican colleague. The fact that these careful negotiations are required when there are almost certainly already 51 votes for comprehensive background checks isn’t considered particularly distressing or embarrassing. (Negotiations previously seemed on the verge of collapse because no agreement could be brokered between Chuck Schumer, a senator representing 19.5 million people, and Tom Coburn, a senator representing 3.8 million people.) A supermajority must be courted if the senators representing the will of the regular majority of Americans hope to get their way.
There is a villain in the easy narrative, too: Extremists! Specifically, Rand Paul and a band of conservatives, who have promised to filibuster. Oddly, despite most senators — especially Republican senators — agreeing that filibusters are a Cherished Senate Tradition, this promise has received a bit of criticism.
John McCain said yesterday that he doesn’t understand a threat to filibuster any gun control legislation that comes up for a vote. While many of us don’t understand why John McCain, a senator with no leadership position or major national following, is constantly on Sunday news chat shows, we can perhaps help him to figure out what this filibuster thing is about.
Here’s what McCain said on CBS’ “Face the Nation”:
“I don’t understand it. The purpose of the United States Senate is to debate and to vote and to let the people know where we stand.”
Well. That’s certainly one way of looking at the purpose of the United States Senate, though it’s not a very popular interpretation among senators themselves.
McCain is one of the few senators who can boast of having defeated attempts to kill the filibuster twice, once when he was a member of the 2005 “Gang of 14″ that preserved the filibuster while also allowing for the confirmation of a number of Bush judges, and once at the beginning of this year, when the effectively meaningless “filibuster reform” proposal he crafted with Carl Levin became the apparent blueprint of the “compromise” Harry Reid agreed to in January. The compromise preserved — strengthened, probably — the 60 vote threshold that now subjects all senate business to the approval of the minority party and, often, the whims of the biggest cranks in that party. McCain then joined the filibuster of Caitlin Halligan, whom President Obama had nominated to the Court of Appeals for the District of Columbia Circuit. Her nomination was withdrawn, and the court remains free of Democratic appointees. Before this, McCain filibustered Obama’s Ninth Circuit Court of Appeals nominee Goodwin Liu. McCain also filibustered Chuck Hagel, a filibuster done primarily to set the precedent that Republicans can filibuster even Defense Secretary nominees, and he filibustered Richard Cordray, Obama’s choice to head an agency Republicans are hoping to filibuster into nonexistence or irrelevance. Those aren’t the showy, talky sorts of filibusters, though, so they do not offend McCain’s sense of decency, like Rand Paul does when he speaks to the chamber instead of quietly voting “no” on cloture motions.
But if the purpose of the senate is to debate and to vote, and filibusters interfere with that purpose, McCain has a bit of explaining to do. (Maybe he will explain next Sunday on one of those awful shows. If someone bothers to ask him about it.)
Still, it is easy to figure out why Rand Paul and Ted Cruz and various nonentities who wish to be associated with Rand Paul and Ted Cruz have preemptively promised to filibuster any gun control legislation: Because people like John McCain have worked quite hard to protect their rights to halt any legislation they please whenever they want for any reason. People like John McCain have done everything they could to make an already undemocratic body even more undemocratic, because doing so helps people like John McCain pretend they are power-brokers and statesmen instead of members of organized political parties representing various interests, elected by people who assume that the party label next to the name is a reliable indicator of how that person will vote once in office.
Senators aren’t the only people committed to the ideal of a Senate full of independent, moderate mavericks. Bad pundits basically eat that shit up. And on the subject of What is Wrong With the Senate, bad pundit Chris Cillizza has written the most inane political column in the history of political columns. It is utterly ahistorical, full of lazy banalities, wholly devoid of insight and it could’ve been written at any point in the last twenty years. If IBM told the development team behind Watson to build an AI capable of writing centrist political analysis columns, that machine would almost certainly write a more interesting and informative column than this one.
This is the dullest imitation Broderism — things used to be better, when grand old moderate men who respected other grand old moderate men ran everything, before the damned liberals and conservatives showed up — I can recall reading in some time. So, the Senate sucks now, because it is more like the House, apparently. (The House of Representatives is America’s more democratic legislative body — though it still grants more power to rural than urban areas — and Beltway elite types hate it because it is loud and full of idiots, like America.)
Things were better before!
The Senate was once regarded as the home of the great political orators of the time — not to mention the body where true dealmaking actually took place. Its members prided themselves on their cool approach to legislating, in contrast with the more brawling nature of the House. Senators, generally, liked one another — no matter their party — and weren’t afraid to show it, either personally or politically.
For years, the Senate was also known as where civil rights and anti-lynching bills go to die, because some of those great political orators devoted their oratory to protecting white supremacy, backed up by violence, at any cost. Many of those racists were much-liked by their fellow senators, of course.
Then we get to the examples, to prove that things are bad now. First, there is now too much “partisanship,” which means party discipline. This happened in part because Republicans became much more disciplined, but also because after the Civil Rights Era conservatives became Republicans and liberals (and moderates) became Democrats, leaving fewer — and then no — random outlier liberal Republicans and conservative Democrats to grant meaningless “bipartisan” approval to liberal and conservative measures.
Second, the filibuster, sort of:
Then, the blockading. As The Post’s Juliet Eilperin noted in a Fix post last week, there are currently 15 judges nominated by President Obama awaiting votes by the full Senate. Thirteen of the 15 — or roughly 87 percent — of those nominees were approved unanimously by the Senate Judiciary Committee. And even those who get votes often have to wait forever for them. On March 11, for example, the Senate confirmed Richard Taranto for the U.S. Court of Appeals for the Federal Circuit by a vote of 91 to 0, 484 days after the president nominated him — and he’s far from the only example of that trend.
Did you notice that Cillizza forgot to say “filibuster” in that paragraph?
Finally, the only point Cillizza actually cares about, “the nastiness.” Cillizza says the problem is that so many senators now come from the House, though he is forced to acknowledge that the nastiest new senators — Ted Cruz, Rand Paul and Mike Lee — did not come from the House.
Look, here are a bunch of charts about polarization that Cillizza could’ve checked out before he wrote this column in ten minutes. He might’ve learned some stuff! Like that the moderation of the post-war period was actually a weird anomaly. American politics have been otherwise highly polarized since the early days of the Republic. Cillizza also could’ve read this big Adam Liptak piece in the New York Times about the antidemocratic effect of the Senate’s inherent small-state bias and how the normalization of the filibuster has only made the problem worse. He could’ve checked out this editorial in his own newspaper, by Thomas Mann and Norm Ornstein, pointing out that the “polarization” problem is primarily a problem of Republicans getting much, much more conservative.
These are all points that anyone who has been reading blogs and articles by any number of prominent historians and political scientists (and random smart bloggers!) over the last few years is already familiar with. Cillizza, obviously, has not been reading any political scientists or historians. He has maybe never read anything by any political scientists or historians? He has maybe only been watching Chuck Todd on MSNBC?
If gun control ends up failing, I guarantee that people like Cillizza will continue to long for the days of Civility and Moderation, and the role “moderates” play in enabling extremists will likely only be mentioned by left-wing blogger cranks whom no one takes seriously.
By: Alex Pareene, Salon, April 8, 2013
“This Thinking Is Just Bizarre”: The Gun Debate GOP Senators Are Afraid To Have
Two weeks ago, a trio of right-wing senators — Republicans Rand Paul of Kentucky, Ted Cruz of Texas, and Mike Lee of Utah — released a statement explaining their intention to block a debate on any legislation that changes any federal gun law in any way. Soon after, the filibuster threat grew to five members, and over the weekend, the total reached 12.
Remember, these dozen GOP senators aren’t just saying they’re going to oppose legislation, and they’re not merely threatening to block final passage. Rather, these 12 senators are saying they’re not prepared to allow the Senate to even have a debate — even if the legislation would save lives, even if the ideas have bipartisan support, and even if the bill is entirely permissible under the Constitution.
Sen. John McCain (R-Ariz.) appeared on CBS’s “Face the Nation” and raised a fair point.
For those who can’t watch clips online, McCain said of Senate Republicans’ vow to filibuster the motion to proceed:
“I don’t understand it. The purpose of the United States Senate is to debate and to vote and to let the people know where we stand…. What are we afraid of? Why would we not want — if this issue is as important as all of us think it is, why not take it to the world’s greatest deliberative — that’s the greatest exaggeration in history, by the way — but why not take up an amendment and debate?”
I’m not generally inclined to agree with John McCain, but on this, he’s exactly right.
Let’s be clear about the nature of the threat: these 12 Republican senators are saying they’re unwilling to allow the Senate to debate gun legislation. It would be tough enough to craft a bill that can pass both chambers of Congress, but we now have a dozen Republicans who are so scared, they’re afraid of a discussion.
It’s rather bizarre. To reiterate a point from two weeks ago, from the far-right’s perspective, the worst case scenario is easy to imagine: the Senate might pass a bill that Republicans and the NRA don’t like. But even under these circumstances, the legislation would go to the Republican-led House, where progressive legislation has no credible chance of success.
So why go to so much effort to block an argument on the floor of the Senate?
Sen. Tom Coburn (R-Okla.), not exactly a moderate in his caucus, has a compelling possible explanation (via Igor Volsky).
After Mr. Coburn was asked multiple times an identically worded question about whether he would join Mr. Paul’s effort to block gun legislation as he traveled around Oklahoma in recent days, Mr. Coburn bristled at the idea that Mr. Paul would threaten to filibuster a bill before its contents were made final.
“Is that about filibustering a bill to protect the Second Amendment, or is that about Rand Paul?” Mr. Coburn said at a town-hall meeting at the Oklahoma Sports Museum in Guthrie, Okla., on Wednesday.
What a good question.
As an additional bit of context, let’s also note that the Republican senators whose names are most frequently associated with national 2016 ambitions — Rand Paul, Marco Rubio, Ted Cruz — are all part of the dozen who are desperate to block the debate.
By: Steve Benen, The Maddow Blog, April 8, 2013
“It’s All About Me”: Rand Paul Criticized By Fellow Republican For Threatening To Filibuster Gun Bill He Hasn’t Even Seen
Thirteen Republican senators have pledged to filibuster a senate debate about new gun safety measures, insisting in a letter to Senate Majority Leader Harry Reid (D-NV) that they will “oppose any legislation that would infringe on the American people’s constitutional right to bear arms, or their ability to exercise this right without being subjected to government surveillance.” The threat, which Sens. Rand Paul (R-KY), Ted Cruz (R-TX) and Mike Lee (R-UT) first made last week without seeing the bill, comes just days before the body prepares to consider the first comprehensive gun legislation in the aftermath of the shooting in Newtown, Connecticut. The package will expand restrictions against gun trafficking, invest in school safety and provide for universal background checks of all gun purchases.
But one top Republican, Sen. Tom Coburn (R-OK), is speaking out publicly against the group, questioning the wisdom of promising to filibuster legislation that lawmakers have yet to finalize:
After Mr. Coburn was asked multiple times an identically worded question about whether he would join Mr. Paul’s effort to block gun legislation as he traveled around Oklahoma in recent days, Mr. Coburn bristled at the idea that Mr. Paul would threaten to filibuster a bill before its contents were made final.
“Is that about filibustering a bill to protect the Second Amendment, or is that about Rand Paul?” Mr. Coburn said at a town-hall meeting at the Oklahoma Sports Museum in Guthrie, Okla., on Wednesday. “I’ve done more filibusters than Rand Paul is old,” Mr. Coburn said, but he added that he doesn’t announce such moves before he understands the bill.
Coburn is working on compromise legislation that would expand background checks to all gun purchases, but would not require private sellers to keep a record of the transaction, which gun safety advocates say would ensure that checks are being properly conducted and allow the entire chain of custody to be reconstructed in the event the gun is later recovered in a crime.
Should the Republicans proceed to filibuster on the motion to proceed to the gun package, Reid could take advantage of a new Senate rule “by promising each party two amendments on the legislation.” “Under that scenario, Paul and his allies would still get a chance to raise their objections on the floor for hours on end, but they couldn’t stop the Senate from starting debate on the bill,” Politico reports.
By: Igor Volsky, Think Progress, April 6, 2013