Ruling: No Corporate Donations For Russell Pearce In Arizona Recall Election
Senate President Russell Pearce will not be able to get financial help from corporations to keep him in office, at least not directly.
In a formal legal opinion, state Solicitor General David Cole rejected the contention of Lisa Hauser, an attorney who represents Pearce, that the prohibition on those donations that applies in regular candidate races is inapplicable in recall elections.
Cole said the law is clear that neither corporations nor unions can make contributions designed to “influence an election.’’ And he said a bid to oust a sitting legislator from office fits that definition.
Cole wrote the decision rather than Attorney General Tom Horne, who had recused himself because of his political ties to Pearce.
Under Arizona law, a formal opinion from the Attorney General’s Office can be cited as legal precedent, much like a court ruling. The fact that this opinion was signed by Cole and not Horne does not change that.
Hauser said a campaign committee formed to aid Pearce had accepted a small corporate check — she said it was about $1,200 —but returned it when state Elections Director Amy Bjelland questioned the legality of the move. It was Hauser who then sought the formal opinion.
“If that’s the AG’s opinion, unless we go to court to change it, it is what it is,’’ she said. But Hauser said that is unlikely to happen.
If nothing else, she said, the opinion clarifies that corporate and union money will be off limits not only to Pearce but to anyone who decides to run against him.
“We just want to make sure everybody’s playing by the same set of rules,’’ Hauser said.
But Cole pointed out there is a loophole of sorts in the law.
He noted that the U.S. Supreme Court ruled last year that corporations and unions have some of the same free-speech rights as individuals. While that does not disturb state or federal laws prohibiting contributions directly to candidates, there can be no laws which bar either type of organizations from forming or contributing to separate efforts to elect or defeat any particular candidate.
The only requirement is that these committees be completely independent of — and have no connection of any sort to — the candidate.
Randy Parraz, one of the recall organizers, said his committee has not accepted either corporate or union money. But Parraz will not disclose who paid for the successful petition drive, at least not yet.
“A lot of this has to do with people’s fear,’’ he said, intimating that those who helped with the recall might be the subject of some sort of unspecified retaliation. He said some people gave just $25 because the sources of contributions at that level and below do not need to be detailed.
“We’re going to comply,’’ he said. “We don’t feel compelled to have to disclose at this point.’’
Bjelland confirmed that for this unusual election — the first ever for a statewide or legislative office — the first campaign finance reports do not have to be filed until Oct. 27. That is only two weeks before the vote.
In a separate event Monday, Parraz attempted to deliver a letter to Pearce at his Senate office asking him to resign.
That is one option he has under state recall laws. The Maricopa County Board of Supervisors would then choose a replacement.
But Pearce said he has no intention of quitting and believes he will win the recall and be able to serve out the balance of his two-year term.
By: Howard Fischer, Capitol Media Services, Published in East Valley Tribune.com, July 12, 2011
What’s Really Driving The GOP’s Abortion War
The economy is reeling and we’re in three wars, but Republicans across the country are focused on…abortion?
When Republicans profited from the miserable economy to sweep up huge wins in last fall’s election, most political watchers figured they knew what was coming: budget cuts, privatization of more government functions, and tax cuts for the wealthy. The push to dismantle public sector unions has been a bit of a surprise, but not a jarring one.
But what seems to have thrown everyone — save for a handful of embittered and neglected pro-choice activists — for a loop is the way Republican lawmakers at both the national and state levels have focused so intently on the uteruses of America. Republicans appear to believe that the women of America have wildly mismanaged these uteruses in the four decades since the Supreme Court gave them control over them — and now that Republicans have even a little bit of power, they’re going to bring this reign of female tyranny over uteruses to an end.
After all, the Republican House speaker, John Boehner, has identified limiting women’s access to abortion and contraception as a “top priority” — this with the economy is in tatters and the world in turmoil. Boehner’s and the GOP’s abortion fixation raises an obvious question: Why now, when there are so many other pressing issues at stake?
There isn’t just one explanation. The assault on reproductive rights is intensifying now because of a convergence of several otherwise unrelated events that have created the perfect moment for the anti-choice movement to go for the kill.
Republicans have managed to score a couple of major victories against women’s rights in the past few years. Both of the main obstacles to dismantling reproductive rights — the Supreme Court and the Democrats — have buckled under anti-choice pressure, emboldening the movement to demand even more, including rollbacks on contraception access.
In 2007, the Supreme Court, with a 5-4 vote, upheld the Partial Birth Abortion Act, which not only set a precedent of the court validating a ban on an abortion procedure necessary to preserve some women’s lives, but also introduced a new justification to limit women’s rights. Justice Anthony Kennedy argued in the majority opinion that the D&X procedure could be banned in order to save women from the possibility of regret down the road. After this ruling, anti-choice bills sprung up like weeds, many of them rooted in this same assumption that women are too silly to be trusted to make their own decisions. Waiting periods, ultrasound requirements and forced “counseling” all make accessing abortion that much harder — even as each step is dressed up as protection for women against their own flightiness and inability to make good decisions.
But the bigger victory was getting a Democratic president to sign an executive order barring insurance companies from offering abortion coverage to customers who are using federal subsidies to pay for insurance. Barack Obama signed the order under duress; there was no way to pass his healthcare reform bill without doing so. But the lesson for Republicans was clear: When it comes to reproductive rights, they don’t actually need to be in charge to get their way. If reproductive rights can be exploited to nearly derail healthcare reform while the Democrats control Congress and the presidency, think of how much leverage the issue gives them now that they’ve gained control of the U.S. House and a bunch of new statehouses.
It’s hard to overstate how much Republican energy is invested in bringing the uteruses of America under right-wing control. The House went into an anti-choice frenzy upon being sworn in in January, passing two bills that would eliminate private insurance funding for abortion, one that would dramatically cut funding for international family planning, and the Pence Amendment, which would ban Planned Parenthood from receiving any federal funding. And in case the Pence Amendment doesn’t work, the House also zeroed out all funding for Title X, which subsidizes reproductive healthcare for low-income patients, in the continuing resolution that funds the federal budget.
For the right, rolling back reproductive rights is considered a worthy goal in its own right, but since the issue could also provoke a budget showdown that could result in a government shutdown, it’s also a useful tool in their effort to force Democrats to blink. As with their push to bust unions at the state level, Republicans stand to gain electorally by wreaking havoc on the pro-choice movement and undermining its ability to get out the vote for Democrats.
On the state level, an unprecedented number of anti-choice bills are being introduced in response to the perceived anti-choice bent of the Supreme Court. Florida alone has introduced 18 separate anti-choice bills. Gov. Rick Perry of Texas has declared mandatory ultrasounds for abortion patients an emergency priority, and fast-tracked it through the Legislature. Three separate states have introduced bills that could legalize domestic terrorism against abortion providers, though a bill in South Dakota was withdrawn under pressure. Instead, that state’s Legislature moved on to pass the most draconian abortion law in the country, one that would require a woman to wait 72 hours for an abortion and listen to a lecture from an anti-choice activist before having an abortion. These examples represent just a tiny fraction of the anti-choice bills percolating through state legislatures.
Maybe this is all surprising. After all, haven’t we heard for the last two years that the Tea Party is more libertarian and less socially conservative? If you bought that line, congratulations — you’re ensconced in Beltway wisdom. The truth is that a new name for the same old conservative base hasn’t changed the nature of that base. Just as before, the “small government” conservatives and the religious right have a great deal of overlap. With gay rights waning as a powerful wedge issue, keeping the religious right motivated and ready to vote is harder than ever. Reproductive rights creates new incentives for church-organized activists to keep praying, marching, donating and, most important, voting for the GOP.
By: Amanda Marcotte, Salon War Room, March 27, 2011
Gunning Down Immigrants — And Other Democratic Experiments
Here in Washington, the immigration debate is in stalemate. But in Kansas, there has been a breakthrough.
This striking achievement came about this week during a meeting of the state House Appropriations Committee on efforts in Kansas to shoot feral swine from helicopters. Republican state Rep. Virgil Peck suddenly had an idea. “Looks like shooting these immigrating feral hogs works,” he commented, according to a recording posted by the Lawrence Journal-World. “Maybe we have found a [solution] to our illegal immigration problem.”
Brilliant! Shooting immigrants from helicopter gunships! Why didn’t they think of that in Congress?
There are a few logistical problems with Peck’s idea, including the fact that Kansas isn’t a border state. But maybe Oklahoma and Texas will grant overflight rights for immigrant-hunting sorties.
Peck, the Republican caucus chairman for the state House, later suggested his brainstorm was a joke, although he also defended himself: “I was just speaking like a southeast Kansas person.”
Kansans may be surprised to learn that the immigrant-shooting idea was offered in their names, but they wouldn’t be the only Americans getting unwelcome news from their state legislators now that many Tea Party types have come to power.
When Louis Brandeis called state legislatures “laboratories of democracy,” he couldn’t have imagined the curious formulas the Tea Party chemists would be mixing in 2011, including: a bill just passed by the Utah legislature requiring the state to recognize gold and silver as legal tender; a Montana bill declaring global warming “beneficial to the welfare and business climate of Montana”; a plan in Georgia to abolish driver’s licenses because licensing violates the “inalienable right” to drive; legislation in South Dakota that would require every adult to buy a gun; and the Kentucky legislature’s effort to create a “sanctuary state” for coal, safe from environmental laws.
In Washington, the whims of the Tea Party lawmakers have been tempered, by President Obama and Senate Democrats, but also by House Republican leaders who don’t want the party to look crazy. Yet these checks often do not exist in state capitols. Though many of the proposals will never become law, the proliferation of exotic policies gives Americans a sense of what Tea Party rule might look like.
Wisconsin Gov. Scott Walker’s attempt to strip public-sector unions of their power has gained national attention, as have various states’ efforts to imitate Arizona’s immigration crackdown. Arizona, meanwhile, moved on to an attempt to assert its authority to nullify federal law; the last time that was tried, we had the Civil War.
Less well known is what’s going on in Montana. Legislators there have introduced several bills that would nullify federal law, including health-care reform, the Endangered Species Act, gun laws and food-safety laws. Under one legislative proposal, FBI agents couldn’t operate in the state without the permission of county sheriffs. Legislators are also looking into a proposed resolution calling on Congress to end membership in the United Nations.
A “birther” bill, similar to proposals in various other states, would require presidential candidates — they’re talking about you, Obama — to furnish proof of citizenship that is satisfactory to state authorities. Montana has also joined the push in many states to restore the gold standard, and a Montana House committee approved legislation invalidating municipal laws against anti-gay discrimination.
Then there’s House Bill 278, authorizing armed citizens’ militias known as “home guards.” With the home guards mobilized, Montana would no longer have to fear a Canadian invasion. And while Montana repels the barbarians from Alberta, New Hampshire is contemplating a state “defense force” to protect it from the marauding Quebecois.
Some of the proposals are ominous: South Dakota would call it justifiable homicide if a killer is trying to stop harm to an unborn child.
Some are petty: Wyoming, following Oklahoma, wants to ban sharia law, even though that state’s 200-odd Muslims couldn’t pose much of a sharia threat.
Some are mean-spirited: Iowa would allow business owners to refuse goods and services to those in gay marriages.
Some are fairly harmless: Arizona took actions to make the Colt Single Action Army Revolver the official state firearm and to create a Tea Party license plate.
And some are just silly: A Georgia bill would require only “pre-1965” silver and gold coins for payment of state debts.
Even if the Tea Party gets its way in the legislature, it won’t be easy to stop residents of Georgia from using their greenbacks — at first. But compliance will undoubtedly increase once the state calls in those helicopter gunships from Kansas.
By: Dana Milbank, The Washington Post, March 15, 2011
Public Alert: What If We’re Not Broke?
“We’re broke.”
You can practically break a search engine if you start looking around the Internet for those words. They’re used repeatedly with reference to our local, state and federal governments, almost always to make a case for slashing programs – and, lately, to go after public-employee unions. The phrase is designed to create a sense of crisis that justifies rapid and radical actions before citizens have a chance to debate the consequences.
Just one problem: We’re not broke. Yes, nearly all levels of government face fiscal problems because of the economic downturn. But there is no crisis. There are many different paths open to fixing public budgets. And we will come up with wiser and more sustainable solutions if we approach fiscal problems calmly, realizing that we’re still a very rich country and that the wealthiest among us are doing exceptionally well.
Consider two of the most prominent we’re-brokers, House Speaker John Boehner and Wisconsin Gov. Scott Walker.
“We’re broke, broke going on bankrupt,” Boehner said in a Feb. 28 Nashville speech. For Boehner, this “fact” justifies the $61 billion in domestic spending cuts House Republicans passed (cuts that would have a negligible impact on the long-term deficit). Boehner’s GOP colleagues want reductions in Head Start, student loans and scores of other programs voters like, and the only way to sell them is to cry catastrophe.
Walker, of course, used the “we’re broke” rationale to justify his attack on public-worker collective bargaining rights. Yet the state’s supposedly “broke” status did not stop him from approving tax cuts before he began his war on unions and proposed all manner of budget cuts, including deep reductions in aid to public schools.
In both cases, the fiscal issues are just an excuse for ideologically driven policies to lower taxes on well-off people and business while reducing government programs. Yet only occasionally do journalists step back to ask: Are these guys telling the truth?
The admirable Web site PolitiFact.com examined Walker’s claim in detail and concluded flatly it was “false.”
“Experts agree the state faces financial challenges in the form of deficits,” PolitiFact wrote. “But they also agree the state isn’t broke. Employees and bills are being paid. Services are continuing to be performed. Revenue continues to roll in. A variety of tools – taxes, layoffs, spending cuts, debt shifting – is available to make ends meet. Walker has promised not to increase taxes. That takes one tool off the table.”
And that’s the whole point.
Bloomberg News looked at Boehner’s statement and declared simply: “It’s wrong.” As Bloomberg’s David J. Lynch wrote: “The U.S. today is able to borrow at historically low interest rates, paying 0.68 percent on a two-year note that it had to offer at 5.1 percent before the financial crisis began in 2007. Financial products that pay off if Uncle Sam defaults aren’t attracting unusual investor demand. And tax revenue as a percentage of the economy is at a 60-year low, meaning if the government needs to raise cash and can summon the political will, it could do so.”
Precisely. A phony metaphor is being used to hijack the nation’s political conversation and skew public policies to benefit better-off Americans and hurt most others.
We have an 8.9 percent unemployment rate, yet further measures to spur job creation are off the table. We’re broke, you see. We have a $15 trillion economy, yet we pretend to be an impoverished nation with no room for public investments in our future or efforts to ease the pain of a deep recession on those Americans who didn’t profit from it or cause it in the first place.
As Sen. Al Franken (D-Minn.) pointed out in a little-noticed but powerful speech on the economy in December, “during the past 20 years, 56 percent of all income growth went to the top 1 percent of households. Even more unbelievably, a third of all income growth went to just the top one-tenth of 1 percent.” Some people are definitely not broke, yet we can’t even think about raising their taxes.
By contrast, Franken noted that “when you adjust for inflation, the median household income actually declined over the last decade.” Many of those folks are going broke, yet because “we’re broke,” we’re told we can’t possibly help them.
Give Boehner, Walker and their allies full credit for diverting our attention with an arresting metaphor. The rest of us are dupes if we fall for it.
By: E. J. Dionne, Op-Ed Columnist, The Washington Post, March 14, 2011
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