More on the New Jim/Jane Crow Laws

This one is so interesting I thought I’d give it its own post.  We’ve talked about how the Republicans are eager to strip immigrants, women, and the GLBT community of constitutional rights.  Recently, the Obama DOJ refused to defend DOMA against charges of unconstitutionality.  Speaker Boehner took up the cause by hiring some very expensive lawyers.  It seems those lawyers have dropped the DOMA case.

In a real victory for supporters of same-sex marriage — and marking what seems like real marginalization for its foes — a major law firm has reversed course and will refuse to represent the House of Representatives in defending the Defense of Marriage Act.

King and Spalding Chairman Robert D. Hays, Jr., whose partner Paul Clement was to lead the defense, said in a statement through a spokesman, Les Zuke:

Today the firm filed a motion to withdraw from its engagement to represent the Bipartisan Legal Advisory Group of the House of Representatives on the constitutional issues regarding Section III of the 1996 Defense of Marriage Act. Last week we worked diligently through the process required for withdrawal.

In reviewing this assignment further, I determined that the process used for vetting this engagement was inadequate. Ultimately I am responsible for any mistakes that occurred and apologize for the challenges this may have created.

The statement is silent on the reasons for the decision, but the firm faced protests at its Atlanta office and a national campaign against it. And now the House majority may have to find a new lawyer.

The weirdest twist in this flap is that Clement–Boehner’s choice and a former Dubya appointee–has quit the firm. A copy of his resignation letter exists on line here.

Former Solicitor General Paul Clement resigned Monday from his law firm, King & Spalding, over the firm’s abrupt and belated decision to stop defending the Defense of Marriage Act on behalf of the House of Representatives.

“I resign out of the firmly held belief that a representation should not be abandoned because the client’s legal position is extremely unpopular in certain quarters. Defending unpopular clients is what lawyers do,” Clement wrote to King & Spalding chairman Robert Hays. “I recognized from the outset that this statute implicates very sensitive issues that prompt strong views on both sides. But having undertaken the representation, I believe there is no honorable course for me but to complete it.”

Clement said he will join Bancroft PLLC, a small Washington-based firm that is home to former Bush Justice Department official Viet Dinh.

It’s extremely odd that small-government loving republicans continue to support the removal of rights from American citizens.  The clear driver behind all of this is their extremist base with their extremist religious views.   The tide is clearly turning on laws that give members of the GLBT less than full citizenship status because younger people do not ascribe to the bigotry in large numbers.  Nancy Pelosi tweets that she wants answers from Speaker Boehner.

NancyPelosi

While @kslaw dropped #DOMA case, @SpeakerBoehner still needs to answer my ?s on legal boondoggle: http://go.usa.gov/baN

Frankly, I’d like answers from Congresswoman Pelosi and other Democrats about why it’s taken them so long to stand up for the constitutional rights of US citizens.   It’s time for them to fight all the erosion of rights of individuals by the Republicans that are clearly based in religious diatribes and bigotry and little else.  This includes the fights for abortion rights and the civil rights of the GLBT community and immigrants.


Roommate Charged with Hate Crime in Tyler Clementi Case

Tyler Clementi was a "promising violinist."

Here’s some positive news for those of us who are deeply concerned about the toxic effects of bullying on young people.

A former Rutgers University freshman was indicted Wednesday for secretly viewing a same-sex encounter involving his roommate – who later jumped to his death from the George Washington Bridge.

Dharun Ravi, 19, of Plainsboro, N.J., could face up to 5 years in prison if convicted of the top charges in the 15-count indictment announced by Middlesex County prosecutor Bruce Kaplan.

Ravi was charged by a grand jury with bias intimidation, invasion of privacy and witness and evidence tampering for using a webcam to spy on Tyler Clementi’s dorm room date with another man.

It was demonstrated to the Grand Jury that Ravi knew of Clementi’s sexual orientation and deliberately planned to publicly humiliate him. Ravi twice activated a webcam in the room and tried to stream Tyler’s romantic encounters on the internet. After the suicide, Ravi made significant efforts to cover up his behavior and asked friends to cover for him. Ravi’s co-conspiritor Molly Wei had previously been charged with invasion of privacy, along with Ravi, but Wei was not indicted by the Grand Jury. It’s possible that she cooperated with investigators.

Prosecutors have said that Ravi used Wei’s computer in her dorm room to activate a webcam on a computer in his room to view and stream Clementi’s encounter. Prosecutors said Ravi tried the same thing during a second encounter Sept. 21, the day before Clementi’s suicide.

Ravi posted a message on his now-closed Twitter account on Sept. 19 that read: “Roommate asked for the room till midnight. I went into molly’s room and turned on my webcam. I saw him making out with a dude. Yay.”

Two days later, he wrote on Twitter: “Anyone with iChat, I dare you to video chat me between the hours of 9:30 and 12. Yes it’s happening again.”

Tyler’s parents, who knew of his sexual orientation, said through their attorney:

“The grand jury indictment spells out cold and calculated acts against our son, Tyler, by his former college roommate,” Clementi’s parents, Jane and Joe Clementi, said in a statement. “If these facts are true, as they appear to be, then it is important for our criminal justice system to establish clear accountability under the law.”

They also said that they hope to start a foundation in their Tyler’s name. Their goal would be to heighten public “awareness about bullying, privacy rights, and the Internet.”


Rick Santorum Steals Campaign Slogan from Langston Hughes Poem

From the LA Times:

Former Republican Sen. Rick Santorum announced Wednesday that he was forming an exploratory committee for a possible presidential run. His slogan was, and remains on his website, “Fighting to make America America again.”

On Thursday, the left-wing website ThinkProgress noticed the connection between Santorum’s slogan and Hughes’ poem. They caught up with Santorum at a New Hampshire event Thursday. Reporter Lee Fang asked Santorum about his use of the phrase:

FANG: Today, you unveiled your new campaign slogan, “Fighting to make America America again.” But was it intentional that this line was borrowed from the pro-union poem by the gay poet Langston Hughes?

SANTORUM: No, because I had nothing to do with that so …

FANG: Oh, alright thanks. Wait, did you have a clarification there? Was it just a coincidence?

SANTORUM: I didn’t know that. The folks who worked on that slogan for me didn’t inform me that that’s where it came from, if in fact it came from that.

Santorum he has read some of Langston Hughes poems, and the one he borrowed from is pretty well known. But Santorum claims he had “nothing to do with” choosing his own Campaign slogan! Watch the video (h/t Think Progress)

I knew Santorum was stupid, but this is really amazing. Langston Hughes was sympathetic to the Communist Party, although he never officially became a member. He was also initially opposed to African Americans fighting in WWII because of the way they were treated in the U.S. He was also gay, as Lee Fang told Santorum. Please follow me below the fold.

Read the rest of this entry »


Friday Reads

Good Morning!

I’ve turned into a bit of broken record on the inability of the U.S. economy to produce not only jobs, but well-paying jobs.  This article at The Nation basically says a lot of the same things I’ve been saying and thinking for several years.  It’s called ‘Why Washington Doesn’t Care About Jobs’.

This disconnect between the jobs crisis in the country and the blithe dismissal thereof in Washington is the most incomprehensible aspect of the political moment. But I think there are two numbers that go a long way toward explaining it.

The first is 4.2. That’s the percentage of Americans with a four-year college degree who are unemployed. It’s less than half the official unemployment rate of 9 percent for the labor force as a whole and one-fourth the underemployment rate (which counts those who have given up looking for work or are working part time but want full-time work) of 16.1 percent. So while the overall economy continues to suffer through the worst labor market since the Great Depression, the elite centers of power have recovered. For those of us fortunate enough to have graduated from college—and to have escaped foreclosure or an underwater mortgage—normalcy has returned.

The other number is 5.7 percent. That’s the unemployment rate for the Washington/Arlington/Alexandria metro area and just so happens to be lowest among large metropolitan areas in the entire country. In 2010 the DC metro area added 57,000 jobs, more than any in the nation, and now boasts the hottest market for commercial office space. In other words: DC is booming. You can see it in the restaurants opening all over North West, the high prices that condos fetch in the real estate market and the general placid sense of bourgeois comfort that suffuses the affluent upper- and upper-middle-class pockets of the region.

What these two numbers add up to is a governing elite that is profoundly alienated from the lived experiences of the millions of Americans who are barely surviving the ravages of the Great Recession. As much as the pernicious influence of big money and the plutocrats’ pseudo-obsession with budget deficits, it is this social distance between decision-makers and citizens that explains the almost surreal detachment of the current Washington political conversation from the economic realities working-class, middle-class and poor people face.

It is unbelievable we could be facing such a serious level of unemployment and underemployment at this time in our history.  We have full knowledge of what it takes to deal with this problem and yet our policy makers do nothing.  No less than Ronald Reagan would’ve found this situation intolerable who once said:

“Idle industries have cast workers into unemployment, human misery and personal indignity.”

Our economy is seriously under-performing.  At the same time, our politicians are slashing both taxes and budgets which have been shown by nearly 70 years of economic data and history to be a short road to disaster.   Our politicians are only responsive to their political donor base and to their own personal whims.  Christopher Hayes’s continues this theme in his article cited above in The Nation.

In a 2007 paper titled “Inequality and Democratic Responsiveness in the United States,” Princeton political scientist Martin Gilens analyzed 2,000 survey questions from 1981 to 2002, looking for the relationship between public opinion and policy outcomes. He found that “when Americans with different income levels differ in their policy preferences, actual policy outcomes strongly reflect the preferences of the most affluent but bear little relationship to the preferences of poor or middle income Americans.”

There is only so much social distance a society can take. The social science literature shows that as social distance increases, trust declines and aberrant and predatory behavior increases. The basic mechanisms of representation erode, and the social fabric tears. “An imbalance between rich and poor,” Plutarch warned, “is the oldest and most fatal ailment of all republics.”

I’ve posted a graph from FRBSF Economic Research that shows our ‘output’ gap and its trajectory.  I don’t think you have to be a mathematical genius to extrapolate how many years it’s going to take before we close the gap and return to our potential. It looks at least between 6 -8 years just from eyeballing that graph.  The output gap represents what our economy should be producing–implying more jobs–and our production shortfall.  We not only have a huge output gap but a measurable and significant income gap between those who actually produce something and those that skim money off of transactions or gamble themselves into a profit via arbitrage.  It is never a good sign when wealth goes to gamblers and third party payers who drive a wedge between buyers and sellers and distort market prices and quantities.  I continue to be amazed at the callous disregard for history, economics, and people that characterize our policy makers. We have too many lawyers and not enough economists at the helm.

Agent Orange is promising “GOP cover” for slashing “entitlements”.  I still hate the way  that benefits that I have paid for since I was 14 years old and held my first job down as a docent at a museum could be called an “entitlement” .  They spit that word out with the implication that only lazy and shiftless people collect THAT kind of money.  We’re entitled to it because we paid for it dear Speaker!  Anyway, raise you’re hand if you think this is a honey trap of sorts!  This is from The Hill.

Moreover, Boehner has personally promised Obama that he will stand side-by-side with him to weather the strong political backlash expected from any proposal to cut entitlement costs.

So far, Obama has not taken Boehner up on the deal, as Democratic strategists have warned the White House not to cut payments from the Social Security trust fund or to reopen the acrimonious debate over healthcare.

Social Security reform has been prominent in behind-the-scenes talks about entitlement spending because it is relatively easy to reduce its cost projections — at least, compared to the complex morass of healthcare policy reform.

Social Security has been known traditionally as the “third rail” of politics, because grappling with the issue is considered as deadly as touching an electrified subway rail.

President George W. Bush saw his post-election political capital plummet in 2005 after Democrats led by Sen. Max Baucus (D-Mont.) excoriated his administration’s proposal to divert a portion of Social Security revenues into private retirement accounts.

Boehner has promised that Republicans will not exploit entitlement reform for political gains if Obama shows leadership on curbing the cost of Social Security and other mandatory spending programs, according to sources familiar with the offer.

An interesting post has shown up at Politico implying that many Democratic Senators have decided to retire.  It’s a rather long bit but I’d like to concentrate on one senator I will not miss.

Five senators from the Democratic side of the aisle have already decided to hang ’em up after this term. Each has his own reasons, but it mostly boils down to this: For some senators, a job in the “most exclusive club” is not worth the hassle anymore.

“It’s about campaigns,” Sen. Joe Lieberman (I-Conn.), a retiring member of the Democratic Caucus, told POLITICO. “It’s about both the unremitting — that’s a bad word to use — about the constant pressure to raise money and travel all over the country doing that and the nastiness of the campaign. … I have no second thoughts about it.”

Here’s the list of the five retirees:  Kent Conrad (ND), Joe Lieberman (CT), Daniel Akaka (HI), Jeff Bingaham (NM), and Jim Webb (VA). Does this make life easy or difficult for Patty Murray who gets the job of funding and re-electing Democratic Senators?

“As Republicans face a brutal primary between a flawed Washington establishment candidate and a right-wing extremist who is raising money at a good clip, Democrats will field a strong candidate,” promised Democratic Senatorial Campaign Committee Chairwoman Patty Murray (Wash.). “The 2012 Virginia Senate race will be competitive but Democrats will prevail there just like we did in 2006 and 2008.”

Given Democrats’ near-certain difficulties in holding the North Dakota open seat and its incumbents representing Republican-leaning states like Nebraska, Missouri and Montana, the party has to hope Murray is right.

So, I’ve got one last item to leave you with before I turn the comments and the reading suggestions over to you.  It comes from WAPO columnist Jonathan Capehart.  It seems GLBT activists are having a difficult time holding on Congressman to his promise on the issue of marriage equality.  Congressman Sam Arora from Maryland holds a key vote in the Judiciary Committee and is being noncommittal after accepting a lot of dollars and support from GLBT groups.

According to the Baltimore Sun, Arora has said he will vote for the marriage equality bill in the judiciary committee, but has yet to commit to voting for the measure when it hits the floor, possibly next week. “This bill deserves an up-or-down vote, so I’m voting to send it to the floor,” he told the Sun. That sudden reluctance to say he will vote for a bill he co-sponsored has friends mystified and former supporters fuming, at best, calling him a liar and demanding their donations back, at worst.

Even Arora’s friends from Democratic Party politics and Hillary Clinton’s presidential campaign are mystified. Democratic strategist Karen Finney called his apparent change of heart “[v]ery disappointing” in a post on Arora’s Facebook page. And Neera Tanden, policy director for Clinton’s campaign and then the domestic policy adviser on the Obama-Biden campaign, is among those who wants her contribution refunded.

This brings me back to my neighbor Antwoine’s sage advice on politicians.  It doesn’t matter who they are or where they come from, you elect them and then they turn on you.  That about sums it up for me.

What’s on your reading and blogging list today?


Right off a Cliff

Where are mainstream Republicans these days? What has happened to the party of Lincoln, Teddy Roosevelt and Eisenhower? Prior to the Reagan years, Republican women were front and center in volunteering for planned parenthood, supporting the ERA, and working for abortion rights. First Lady Betty Ford was a proud feminist and one of the first women to put women’s health issues–including women with drinking problems and breast cancer–on the map. President Richard Nixon was responsible for many of the agencies that protect the environment. The current party is chock-full of science denying Theocrats and economics-denying Corporate Fascists. It’s making a sham out of the two party system. We may now have a window open wide enough to stop some of this.  We should ready ourselves with the facts and act now.

An online conversation has been initiated with the publication of Ron Brownstein’s article in the National Journal on Thursday called ‘State’s Rights’. It is front and center in starting a discussion among Democratic bloggers, journalists, and other liberal/progressive sympathizers.  States rights was code for the right to own slaves during the first 100 years of this country’s existence.  It is now code for the right to discriminate against the GLBT community, insert the government into an individual woman’s gynecological care, and bust unions. The racial overtones have not gone away since the worst of the hateful verbiage is aimed at stopping any policy goal attempted by President Obama.

Any one who has read me over the last few years knows that I am not a big fan of this President and I’m even less of a fan of his zealous followers.  However, it would take a fairly dim bulb to not see the racism implicit in many of the Republican attacks against him. Attacks range from the extremely bizarre personal assertions that he is a secret Muslim, foreign born, and a devout socialist/communist to a complete rewrite of any policy initiative.

Obama is about as conservative of a Democrat as one can find these days which has been one of my issues with him all along.  His actions and words have not stopped the endless attacks on absolutely everything he attempts by Republicans and their monied interests.  These tactics were first used against former Democratic President Bill Clinton but have reached some kind of hyper-extortionate apex today.  It’s to the point that I firmly believe some of these Republican extremists would rather take the country down with them than negotiate something other than an ideologically pure outcome.  Brown’s article and examples focus on the current bloc of extremist Republican governors with their take no prisoners policies.  While his focus is mostly on the impact on Obama, I believe his larger point should entice us to think bigger.

But one senior Obama administration official, who also had a close view of Clinton’s interaction with Republican governors, contends that ideology is trumping interest for the governors in many of these new disputes. Health care reform, for instance, asks states for no new financial contribution to expand coverage through 2016 and only relatively small participation thereafter; because 60 percent of the uninsured live in the states where a Republican holds the governorship, their residents would receive the most new federal aid if the law survives. “One had the sense in the mid-1990s that conservative governors were doing whatever was in the best interest of their state,” the senior official said. “This time, the Republican governors appear determined to make an ideological point, even if it costs their state a great deal.”

Whatever the governors’ motivations (one man’s posturing, after all, is another man’s principle), their unreserved enlistment into Washington’s wars marks a milestone. It creates a second line of defense for conservatives to contest Obama even after he wins battles in Congress. It tears another hole in the fraying conviction that state capitals are less partisan than Washington. And it creates a precedent that is likely to encourage more guerrilla warfare between Democratic governors and a future Republican president.

American politics increasingly resembles a kind of total war in which each party mobilizes every conceivable asset at its disposal against the other. Most governors were once conscientious objectors in that struggle. No more.

I can remember attending Republican conventions in the early 1980s during the first hint of the unholy alliance between religious fanatics along the line of a Christian Taliban with the John Birch Society version of libertarians.  It was a terrifying spectacle.  At the time, the more pro-business and hoity-toity conservative elements in the party were willing to use them like pet pit bulls because they were incredibly organized at the grass roots level and they voted. Republicans traditionally had a much more difficult time turning out voters and their GOTV machines were dwarfed by the Democrats who could rely on well organized and managed union membership.  This is one of the reasons why there is also the huge attack on the last standing unions now.  They’re worth a fortune come election time and no Republican campaign strategist worth anything underestimates them.  We can clearly no longer underestimate the religious zealots or those gullible to the rants of Glenn Beck.  They’ve become a contagion.

Back in the day,  the young me argued that this form of big daddy government intervention put forth by religionists and Birchers was basically enabling powerful business monopolies and drop kicking the constitutional mandate to deny the establishing of a state religion.  It was against the very core ideology of  historical Republicanism.  I got no where.  This was especially true as Nixon’s southern strategy began to work its evil influence on bringing in the remaining racist elements of the old Dixiecrats who frankly were all for the government taking care of any one that wasn’t like them.  This added the last nail in the traditional coffin of the party of Lincoln. That sin is now manifesting in the xenophobia against Muslims and Hispanics in addition to African Americans topped by the anti-science bias from the religionists and the pro-monopoly market creation from the corporatists.

It appears that many old school Republicans now see the results of opening this Pandora’s box. They are horrified and have been trying to stuff the demons back into the chest.  Now, you see those same folks that opened their kennels filled with poodles to the pit bulls are now acting absolutely appalled by the rising influence of absolutely whacked extremists like Glenn Beck.  Scarborough, Rove, and Kristol are currently trying to put the Beckheads back into the box.  Those of us that don’t vote Republican could afford to ignore this if it were just some intraparty feud.  It’s gone beyond that with the rise of tea party hysterics and billionaire libertarian Daddy Warbucks’ propaganda machines. In many states, the Republican party infrastructure has been commandeered by the pit bulls. The poodles–like Arianna Huffington and Markos–have long left their confines. They are morphing traditional Democratic Party concerns.  The same divisive issues that used to motivate the base to do the GOTV and show up at the polls has managed to bring this new crop of Republican governors and congressional members to a critical mass.  They refuse any middle or even right of middle ground.  They won’t negotiate on the usual country club Republican issues. It’s no longer a GOTV ploy for them because they are true believers.

Steven Benen explores this quandry in his blog at WAPO today.

Keep in mind, it’s ideology, not practical concerns, that lie at the heart of these governors’ reactionary moves. The states turning down investments for high-speed rail, for example, were effectively handed a gift — jobs, economic development, improved infrastructure — but Republicans like Rick Scott and Scott Walker turned down the benefits because of a philosophical opposition, deliberately hurting their state in the process. The administration was effectively throwing a life-preserver to a Republican who’s drowning, only to be told, “We don’t like government life-preservers.”

The same is true of health care, which would be a boon to states, but which far-right governors resist for reasons that have nothing to do with public policy.

Bill Clinton faced a watered-down version of these Republican pit bulls over a decade ago.  Dealing with them is how he got his reputation for triangulation.  He seemed uniquely placed to make some small progress then–that now seems impossible now–because of his past position as a southern governor with a decidedly homespun and folksy manner.  President Obama has none of this going for him.  He is surrounded by Businesscrats that are unlikely to fill the void. The only thing he’s managed to do is to gain the ear of the Chamber of Commerce types.  These folks are hardly going to be sympathetic to social justice or middle class bread-and-butter issues.  Additionally, right wing media sources and timid main stream media sources are playing into the hands of the outrageous.  We have media enablers instead of investigative journalists.

That is why it is absolutely essential that whatever is left of the Democratic grassroots need to make one extremely loud noise right now.  It is unconscionable that a rewrite of history, science, and economic is taking place while many of us are simply standing around with gaping mouths.  I’ve spoken many times about the absolute lack of economics that is driving austerity programs.  It’s already showing signs of slowing economic growth down at a time when unemployment is unacceptably high. This is only going to multiply as the days and months unfold.  Ask yourself if we can really afford another recession?

I was also disheartened to read that science is not fairing well either. Scientific American has a thought provoking piece up on the overwhelming science behind global warming and climate change.Their title should be rhetorical but it is not: ‘Why Are Americans So Ill-Informed about Climate Change?’

Near the forum’s conclusion, Massachusetts Institute of Technology climate scientist Kerry Emanuel asked a panel of journalists why the media continues to cover anthropogenic climate change as a controversy or debate, when in fact it is a consensus among such organizations as the American Geophysical Union, American Institute of Physics, American Chemical Society, American Meteorological Association and the National Research Council, along with the national academies of more than two dozen countries.

“You haven’t persuaded the public,” replied Elizabeth Shogren of National Public Radio. Emanuel immediately countered, smiling and pointing at Shogren, “No, you haven’t.” Scattered applause followed in the audience of mostly scientists, with one heckler saying, “That’s right. Kerry said it.”

Such a tone of searching bewilderment typified a handful of sessions that dealt with the struggle to motivate Americans on the topic of climate change. Only 35 percent of Americans see climate change as a serious problem, according to a 2009 poll by the Pew Research Center for the People & the Press.

It’s a given that an organized and well-funded campaign has led efforts to confuse the public regarding the consensus around anthropogenic climate change.

These extremists are even rewriting the already right wing Ronald Reagan’s legacy to make it seem more extreme to support the legitimacy of their radical agendas.  Here’s an example I found this morning on ThinkProgress on Reagan’s views on unions. Scott Walker’s fantasy world includes his vision of being Reagan’s heir. Yet, here is Reagan himself on the union movement in Poland during one of his radio addresses to the nation.

REAGAN: Ever since martial law was brutally imposed last December, Polish authorities have been assuring the world that they’re interested in a genuine reconciliation with the Polish people. But the Polish regime’s action yesterday reveals the hollowness of its promises. By outlawing Solidarity, a free trade organization to which an overwhelming majority of Polish workers and farmers belong, they have made it clear that they never had any intention of restoring one of the most elemental human rights—the right to belong to a free trade union.

The one thing that I learned early on when dealing with these people from within the Republican party itself in the pre-Reagan and early Reagan days is that they believe their courses are so righteous that they will lie and do anything to support them.  If we do not hold their actions and lies to the light of day, our country will be completely overrun by by folks that are anti-science, anti-economics, anti-rational thought, and anti-democracy.  We’ll have a theocratic plutocracy in fairly short order.

It is absolutely imperative that we put pressure on the media and Democratic politicians to fact check these people, stand up to them, and expose their lies to the public.  It is possible that we’ve caught a tipping point in their overreach process. If this is the case, it means we have to work with the momentum now.  Nothing short of our democracy and our children’s future is at stake here.  We cannot be complacent and we cannot be left with mouths wide opened.  We also cannot rely on leadership from the very top.  If you’re in one of those states that is acting up, act now!!!  Find and support your version of the Wisconsin 14.