“Norms And Rules Are For Suckers”: Don’t Believe The Republican Cries Of Vengeance
So now the Democrats have exercised the “nuclear option,” which is not particularly nuclear. They’ve changed existing Senate rules so that judicial nominations can not be filibustered, but can pass with a majority vote. Over the next couple of days you’ll hear Republicans say that this is the most horrifying power grab since the February Revolution of 1917. They will weep and beat their breasts, lamenting the death of fairness and democracy, predicting all manner of horrors, perhaps culminating in a zombie apocalypse, now that a judge nominated by the president can be confirmed with a vote of a majority of senators. But then, their grief will turn to steely determination. “You shall rue this day!”, they will cry. “Revenge shall be ours!”
And that might sound like a reasonable argument for why this rule change was ill-advised. After all, as Iowa senator Chuck Grassley recently threatened, “So if the Democrats are bent on changing the rules, then I say go ahead. There are a lot more Scalias and Thomases that we’d love to put on the bench.” In other words, without the restraint of the filibuster, the next time Republicans have the White House and the Senate, which will happen eventually, they’ll go hog-wild, appointing the most radical conservatives they can find. But there’s one big reason that argument fails: They would have done it anyway.
Let’s not be naive here. The Republican party of today is not only ideologically radical but procedurally radical as well. They’ve taken virtually every opportunity they could to upend whatever rules and norms stood in the way of them getting what they want. Let’s say that it’s 2017 or 2021, and they’ve won the presidency and the Senate. Can anyone believe that if on this day in 2013 the Democrats decided to keep the filibuster for judicial nominations, Republicans would then do the same out of a sense of fair play? This is the party that over the last five years has filibustered literally every bill of greater consequence than renaming a post office. This is the party that got conservatives on the Supreme Court to upend the Voting Rights Act, then literally within days began passing one law after another to make it as hard as possible for minorities, students, and anyone else likely to vote Democratic to cast their ballots. This is the party that shut down the government in its endless quest to repeal the Affordable Care Act. This is the party that sincerely believes that its opponents are attempting to destroy America, and therefore any tactics are justified in order to stop them.
You can put the start date of this procedural radicalism at the inauguration of Barack Obama, but I’d date it back to the Florida mess in the 2000 election. In case your memory of that episode has faded, the whole election came down to a series of counts and recounts in a state in which the Republican candidate’s brother was the governor and his campaign co-chair was the state’s chief election official. Throughout the weeks that followed, Republicans did things like organize a small riot to intimidate election officials into not counting ballots, and the election was ultimately decided by five members of the Supreme Court who were so shamelessly partisan that they included in their decision an instruction that it could never be used as precedent in a subsequent case. And you know what price the Republicans paid for their ruthlessness? None.
It was then that Republicans realized once and for all that norms and rules are for suckers, and at the end of the day, the only thing that matters is whether or not you win. That belief hasn’t changed, even as the party has grown more ideologically extreme over the last five years. You can make an argument that Democrats should have taken the high road and not changed the filibuster rule today. But if you think Republicans wouldn’t have changed the rule to benefit themselves at the first chance they got—no matter what Democrats did—then you haven’t been paying attention.
By: Paul Waldman, Contributing Editor, The American Prospect, November 21, 2013
“Denying And Ignoring The Realities”: For Some, The Name “Obama” Has Become A Code Word
Racial tensions in the United States have changed since Obama’s election as president, and for the worse. As judicial opinions since 2008 have revealed, both the word “Obama” and the president’s image have become tools for harassing and otherwise discriminating, in the workplace and in places of public accommodation, against blacks and against whites in romantic relationships with blacks.
For instance, while at a company picnic, one white employee sat down next to his co-workers, held a watermelon slice in his hand, and asserted, “I’m going to sit down to eat my ‘Obama fruit.’” In a different court case, a plaintiff complained that the company’s C.E.O. once said he had a “gift for you for all the Obama people outside” — while handing a rifle to another employee. In yet another case, a white employee derided an African co-worker, calling the co-worker “boy,” threatening his life and telling him he should take Obama back to Africa to vote for him.
For other individuals, President Obama’s election has become a basis for denying and ignoring the realities of racism, both conscious and unconscious, in our country. Soon after Obama’s election, conservatives such as Gregory Coleman, a Texas lawyer, argued that the election demonstrated the obsolescence of the Voting Rights Act of 1965 — a point reiterated by the U.S. Supreme Court in its June decision invalidating a section of the act.
In fact, the results from three experiments by Stanford University researchers suggest that endorsing Obama enables some whites to feel more comfortable in favoring other whites at the expense of blacks. The Stanford researchers contended that, for these whites, supporting Obama seemed to reduce their fears about appearing racially prejudiced, giving them the “moral credentials” to exhibit favoritism toward other whites.
At least one case showed this phenomenon affecting the legal process. After admitting that he based his decision in a criminal matter upon the race of the defendant, a white juror later denied his admission. His decision could not have been racially motivated, he argued. Why he was incapable of racial bias? Because, he said, he voted for Obama.
By: Angela Onwuachi-Willig, The Charles and Marion Kierscht Professor of Law at the University of Iowa College of Law, Opinion Pages, The New York Times, November 20, 2013
“Gaining Even More Traction”: GOP-Backed Voting Laws Target And Hurt Young Minority Voters
A new report released by the Advancement Project highlights the numerous ways “young voters of color” are affected by restrictive voting laws that have been adopted by Republicans in several states across the nation.
The millennial generation, which is now between 18 and 29 years of age, is significantly more racially diverse than prior generations. Thus, the report explains, laws that suppress the youth vote also suppress voters of color. Restrictive laws affect particular demographics – in this case, young African-American and Latino voters – in different ways; some produce abnormally long lines on which voters must wait just to vote, while others implement barriers to actually getting to the polls.
On Election Day 2012, polling places in Florida counties with especially high numbers of minority youth voters closed on average 86 minutes after the 7 p.m. closing time, as a result of long lines. The obvious danger is that this will discourage young voters from voting. Others may “not be able to wait many hours to vote in future elections.”
A similar situation also occurred in Pennsylvania during the 2008 presidential election. Though local election officials petitioned for a larger polling space to cover the Lincoln University – a historically black university – district, the state’s Chester County Board of Elections denied the request, forcing voters to endure 6- to 8-hour wait times in the original “inadequately sized polling location.”
Also in Pennsylvania, and other states such as Texas, strict photo ID requirements directly affect specific groups’ ability to vote. A survey included in the report compares the disproportionately implemented voter ID requirements in both states to states without such laws. In states without voter ID laws, 65.5 percent of young black voters and 55.3 percent of young Latino voters were asked to present photo identification – a significantly greater share than the 42.8 percent of young white voters asked to present the same form of ID. In states with voter ID laws, however, 84.3 percent of young white voters were asked to produce specific photo ID, as opposed to 81.8 percent of young Latino voters asked to do the same.
An even greater 94.3 percent of young black voters were asked to present ID.
Strict photo ID laws – which typically require a voter to present a state-issued driver’s license or non-driver ID – account for why 17.3 percent of young black voters and 8.1 percent of young Latino voters could not vote in the 2012 presidential election. Fewer than 5 percent of young white voters were not able to vote for the same reason.
The measure is especially effective because many young voters in general don’t have a driver’s license. Even those who do, but attend an out-of-state college, do not have a state-issued driver’s license, and obtaining a standard state-issued photo ID usually requires a birth certificate – an obstacle that makes it more difficult for young voters. Furthermore, a larger percentage of young white voters have different forms of ID than young black and Latino voters. The report also mentions that several states – including Texas, North Carolina, Wisconsin, Kansas and Pennsylvania, among others – have even attempted to ban student photo IDs as voter identification.
In North Carolina, however, specific photo ID requirements are not the sole legislation hurting young minority voters; in August 2013, Governor Pat McCrory signed into law a ban on same-day voter registration during early voting – the law also decreases the early voting period by a week. Among other provisions, the law also eliminates pre-registration for 16- and 17-year-olds and a state mandate for voter registration in high schools. In October, a Republican precinct chair from Buncombe County, North Carolina, Don Yelton, admitted that the legislation hindered African-Americans’ and college students’ ability to vote.
According to Yelton, both demographics were targeted because they tend to vote Democratic.
These types of restrictive laws are only gaining more traction since June, when the Supreme Court struck down a crucial provision of the Voting Rights Act that required specific states known for passing discriminatory voting laws to first get “pre-clearance” from the federal government in order to change their voting laws.
The Advancement Project warns that “attacks on young voters” are “ongoing” and “threatening the voting rights of many across the country for future elections.”
The report also recommends “policy-makers and election officials…concentrate on positive measures that would help alleviate the woefully low percentage of voter participation rates seen…especially among young people, who are our future.” Besides eliminating laws that implement strict ID requirements, ban same-day voter registration and shorten early voting periods, the Advancement Project also suggests nationwide implementation of online voter registration, “uniform standards” for voting machines and poll workers, and institutionalizing voter registration.
Lastly, the report adds: “Congress must act immediately to update the Voting Rights Act.”
The problem, however, is not that politicians are unaware of how to increase voter turnout, but that there are many lawmakers who support these restrictive laws because they benefit their party.
By: Elissa Gomez, Featured Post, The National Memo, November 19, 2013
“The Coming Electoral Consequences”: Speaker Boehner Keeps Motivating The Wrong Base
The widely held assumption is that a variety of popular measures can pass the Senate and earn President Obama’s signature, but won’t become law because of the Republican-led House. And in plenty of instances, that’s true.
But on a variety of important proposals, the problem isn’t the House majority party, but rather, the willingness of the House GOP leadership to let the chamber vote up or down on the bills in question. The obstacle, in other words, isn’t 218 “no” votes; it’s House Speaker John Boehner’s disinclination to let the House exercise its will.
I can appreciate why the Speaker would rather kill popular bills than pass them – he promised his right-wing members he’d honor the manufactured “Hastert Rule,” and Boehner’s afraid of being deposed – but as Brian Beutler noted yesterday, the posture may well carry electoral consequences.
Big Senate bills in and of themselves won’t shake House Republicans out of their paralysis. It’s unrealistic to expect the House will address all of these issues and it’s possible they won’t address any of them. But the constituent groups to whom these issues matter – Latinos, the LGBT community, women and African Americans – won’t be confused about who killed them.
The flip side of the GOP becoming a whites-only party and crossing its fingers that Healthcare.gov fails is that Boehner is doing his damnedest to help Democrats receive their 2008 and 2012 coalitions in the coming midterm.
Remember, one of the key Democratic hopes going into the 2014 midterms – now 364 days away – is that congressional Republicans will motivate the Democratic base to show up for a change in a midterm cycle. How’s that going so far?
Swimmingly. Democratic candidates and campaign committees now intend to go to Latino communities and say, “Like immigration reform? Then help vote out the Republicans who killed the bipartisan reform package.” Dems intend to go to LGBT communities and say, “Like ENDA? Then help vote out the Republicans who killed the bipartisan bill.” Dems intend to go to African-American communities and say, “Like voting rights? Then help vote out the Republicans who made it impossible to reform the Voting Rights Act.”
And Dems intend to go to everyone and say, “Like the government shutdown and series of self-imposed crises? If not, then help vote out the Republicans who cooked up these schemes.”
The Democratic coalition is stable, but not unbreakable. By refusing to govern, Boehner and House Republicans are strengthening that coalition, boosting Democratic fundraising, helping Democratic recruiting efforts, and motivating the Democratic base.
By: Steve Benen, The Maddow Blog, November 5, 2013
“The Republican Self-Preservation Act”: Texas Voter ID Law Discriminates Against Women, Students And Minorities
Texas’s new voter ID law got off to a rocky start this week as early voting began for state constitutional amendments. The law was previously blocked as discriminatory by the federal courts under the Voting Rights Act in 2012, until the Supreme Court invalidated Section 4 of the VRA in June. (The Department of Justice has filed suit against the law under Section 2 of the VRA.) Now we are seeing the disastrous ramifications of the Supreme Court’s decision.
Based on Texas’ own data, 600,000 to 800,000 registered voters don’t have the government-issued ID needed to cast a ballot, with Hispanics 46 to 120 percent more likely than whites to lack an ID. But a much larger segment of the electorate, particularly women, will be impacted by the requirement that a voter’s ID be “substantially similar” to their name on the voter registration rolls. According to a 2006 study by the Brennan Center for Justice, a third of all women have citizenship documents that do not match their current legal name.
Just yesterday, this happened (via Rick Hasen), from KiiiTV in South Texas:
“What I have used for voter registration and for identification for the last 52 years was not sufficient yesterday when I went to vote,” 117th District Court Judge Sandra Watts said.
Watts has voted in every election for the last forty-nine years. The name on her driver’s license has remained the same for fifty-two years, and the address on her voter registration card or driver’s license hasn’t changed in more than two decades. So imagine her surprise when she was told by voting officials that she would have to sign a “voters affidavit” affirming she was who she said she was.
“Someone looked at that and said, ‘Well, they’re not the same,’” Watts said.
The difference? On the driver’s license, Judge Watts’s maiden name is her middle name. On her voter registration, it’s her actual middle name. That was enough under the new, more strict voter fraud law, to send up a red flag.
“This is the first time I have ever had a problem voting,” Watts said.
The disproportionate impact of the law on women voters could be a major factor in upcoming Texas elections, especially now that Wendy Davis is running for governor in 2014.
Moreover, the state is doing very little to make sure that voters who don’t have an ID can get one. As I mentioned, 600–800,000 registered voters don’t have an acceptable voter ID, but according to the Dallas Morning News “only 41 of the new cards were issued by DPS [Department of Public Safety] as of last week.”
Getting a valid photo ID in Texas can be far more difficult than one assumes. To obtain one of the government-issued IDs now needed to vote, voters must first pay for underlying documents to confirm their identity, the cheapest option being a birth certificate for $22 (otherwise known as a “poll tax”); there are no DMV offices in eighty-one of 254 counties in the state, with some voters needing to travel up to 250 miles to the closest location. Counties with a significant Hispanic population are less likely to have a DMV office, while Hispanic residents in such counties are twice as likely as whites to not have the new voter ID (Hispanics in Texas are also twice as likely as whites to not have a car). “A law that forces poorer citizens to choose between their wages and their franchise unquestionably denies or abridges their right to vote,” a federal court wrote last year when it blocked the law.
Texas has set up mobile voter ID units in twenty counties to help people obtain an ID, but has issued new IDs to only twenty voters at the sites so far.
Supporters of the voter ID law, such as Governor Rick Perry, argue that it’s necessary to stop the rampant menace of voter fraud. But there’s no evidence that voter impersonation fraud is a problem in Texas. According to the comprehensive News21 database, there has been only one successful conviction for voter impersonation—I repeat, only one—since 2000.
Texas has the distinction of being one of the few states that allows you to vote with a concealed weapons permit, but not a student ID. Provisions like these suggest that the law was aimed less at stopping voter fraud and more at stopping the changing demographics of the state. Based on what we’re seeing thus far, the law might better be described as the Republican Self-Preservation Act.
By: Ari Berman, The Nation, October 23, 2013
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