Last night thug “president” Trump did his ridiculous PT Barnum act with his nomination of Brett Kavanaugh to the Supreme Court to replace Anthony Kennedy. Supposedly, Trump was deciding among about four candidates, but it turns out the fix may have been in all along.
Has any other president made a deal with a Supreme Court Justice to appoint a chosen replacement?
After Justice Anthony Kennedy told President Donald Trump he would relinquish his seat on the Supreme Court, the president emerged from his private meeting with the retiring jurist focused on one candidate to name as his successor: Judge Brett Kavanaugh, Kennedy’s former law clerk….
So even as Trump dispatched his top lawyers to comb though Kavanaugh’s rulings and quizzed allies about whether he was too close to the Bush family, potentially a fatal flaw, the president was always leaning toward accepting Kennedy’s partiality for Kavanaugh while preserving the secret until his formal announcement, sources with knowledge of his thinking told POLITICO.
I’m sure we’ll be learning more about this, and I hope Democrats respond aggressively.
Basic background on Kavenaugh
President Donald Trump’s Supreme Court pick is no stranger to partisan politics: Before becoming a judge, he was helping make the case for the impeachment of Bill Clinton and later for the election of George W. Bush.
Twenty years ago, Kavanaugh’s story starts amid the highly politicized independent counsel investigation into Clinton. He worked for Starr as a young Yale Law graduate, first when Kenneth Starr was solicitor general and later in the Office of the Independent Counsel, where Kavanaugh was a key player in the slew of investigations into the Clintons, including the Whitewater scandal, the suicide of White House counsel Vincent Foster and Clinton’s affair with Monica Lewinsky.
The Starr Report to Congress laid out the details of Clinton and Lewinsky’s affair and findings of potential wrongdoing by the president. Kavanaugh was the primary author of the section on the grounds for possible impeachment, Starr would reportedly later say,because “that needed to be very carefully crafted, so I was looking to one of the office’s most talented lawyers — of superb and balanced judgment — to take the lead in drafting.” [….]
He was a member of the GOP legal team fighting to stop the recount in Florida to clear the way for Bush’s election against Al Gore in 2000, later taking a job in the Bush White House in 2001, where he’d serve for five years as counsel and later staff secretary until his confirmation to the U.S. Court of Appeals for the D.C. Circuit in 2006.
Brett M. Kavanaugh, the federal judge nominated by President Trump on Monday to the Supreme Court, has endorsed robust views of the powers of the president, consistently siding with arguments in favor of broad executive authority during his 12 years on the bench in Washington.
He has called for restructuring the government’s consumer watchdog agency so the president could remove the director and has been a leading defender of the government’s position when it comes to using military commissions to prosecute terrorism suspects.
Kavanaugh is “an unrelenting, unapologetic defender of presidential power” who believes courts can and should actively seek to rein in “large swaths of the current administrative state,” said University of Texas law professor Stephen Vladeck, who closely follows the U.S. Court of Appeals for the District of Columbia Circuit.
Kavanaugh’s record suggests that if he is confirmed, he would be more to the right than the man he would replace, Justice Anthony M. Kennedy, for whom he clerked. Kavanaugh has staked out conservative positions in cases involving gun rights, abortion and the separation of powers.
Read more details at both of those links.
What Kavanaugh Would Likely Do on the Court
Kavanaugh is an obvious choice for Trump. A judge on the U.S. Court of Appeals for the District of Columbia Circuit, he has maintained staunchly conservative credentials without earning a reputation for being a bomb-thrower. Unless Republican Sen. Susan Collins grows a spine, which she won’t, he has a clear path to Senate confirmation. During his hearings, Kavanaugh will claim he cannot reveal his true feelings about Roe v. Wade, the 1973 Supreme Court decision establishing a constitutional right to abortion access. But there is little doubt that Kavanaugh will gut Roe at the first opportunity. Indeed, he has already provided a road map that shows precisely how he’ll do it.
Kavanaugh was forced to confront the abortion question in 2017 after the Trump administration barred an undocumented minor, known as Jane Doe, from terminating an unwanted pregnancy. The American Civil Liberties Union sued on Doe’s behalf, and the dispute came before a three-judge panel at the D.C. Circuit. Kavanaugh was joined on the panel by Judge Karen L. Henderson, an arch-conservative, and Judge Patricia Millett, a moderate liberal. Doe, who was being held in a federally funded Texas shelter, had already obtained the necessary judicial bypass to get an abortion. But the Trump administration refused to let her see an abortion provider, instead sending her to an anti-abortion “crisis pregnancy center.”
By that point, Doe would be about 18 weeks pregnant. Texas bans abortion after 20 weeks, and the procedure becomes more dangerous as the pregnancy advances. Moreover, the process of finding and verifying a sponsor for an undocumented minor frequently takes weeks or months. And Doe’s lawyers had already searched for a possible sponsor, to no avail. Kavanaugh’s ostensible compromise, then, was nothing of the sort. At best, it would force Doe to suffer through her unwanted pregnancy for at least two more weeks, increasing the odds of complications when she was finally able to obtain an abortion. At worst, it meant the government could run down the clock to the point that an abortion would become illegal.
Luckily for Doe, the full D.C. Circuit swiftly reversed Kavanaugh’s decision and allowed her to terminate her pregnancy, which she did. This move prompted Kavanaugh to write a bitter dissent explaining why the government’s bar on Doe’s abortion was not, in fact, an undue burden.
Read the rest at Slate.
When President Trump Monday nominated Judge Brett Kavanaugh to the Supreme Court, he probably doomed the right to abortion, same-sex marriage, and maybe even contraception….
…while Kavanaugh’s record on women’s and LGBT rights is sparse, it gives good reason to suspect that he could be the swing vote to strike down Roe v. Wade, the abortion-rights case. This, after all, is what Trump promised in 2016: that Roe would be “automatically” be overturned should he be elected. And Kavanaugh has been praised by numerous right-wing organizations.
In the case of Garza v. Hargan, the D.C. Circuit Court of Appeals held that an undocumented teenage immigrant was entitled to obtain an abortion without having to obtain familial consent (as is required in several states).
Kavanaugh vigorously dissented, asking, “Is it really absurd for the United States to think that the minor should be transferred to her immigration sponsor ― ordinarily a family member, relative, or friend ― before she makes that decision?”
Those are strong words, endorsing not only parental consent rules but enforcing them in extreme circumstances. If you are looking for signals that a Justice Kavanaugh would limit or overturn Roe, Garza is a giant red flare.
There’s also a possibility that Kavenaugh might not be right wing enough to satisfy some Republicans.
Kavanaugh may not be conservative enough to survive the confirmation process. There is even talk that conservatives might revolt against Kavanaugh, as they did in 2005 against George W. Bush’s nomination of Harriet Miers. The reason? Many conservatives wanted Kavanaugh to cast doubt on the teenager’s right to get an abortion at all, which another dissenting judge did.
Legally speaking, that objection is absurd. Not unlike “judicial minimalist” Chief Justice John Roberts, Kavanaugh was discussing the case at issue, not some hypothetical issue. And he was responding to the circuit court’s holding, not writing an essay.
But there’s more. Some conservatives have pointed to dicta in another Kavanaugh opinion, a dissent in Priests for Life v. HHS, a case similar to Hobby Lobby involving the Affordable Care Act’s contraception requirement. While dissenting in favor of the Catholic religious organization objecting to the requirement, Kavanaugh wrote that the “the Government has a compelling interest in facilitating women’s access to contraception” because of a variety of factors, such as “reducing the number of unintended pregnancies would further women’s health, advance women’s personal and professional opportunities, reduce the number of abortions, and help break a cycle of poverty.”
Kavanaugh is writing here about the state’s interest in access to contraception, not whether an individual has a constitutional right to access it. Those are totally different questions. But Kavanaugh’s opinion doesn’t question the constitutional right either, which rests on the same foundations (substantive due process, privacy, family) as the right to obtain an abortion.
This one is a must read–lots of details on Kavenaugh’s record. Head over to The Daily Beast to read the rest.
Read more about Kavenaugh and abortion here:
One more from The New York Times editorial board: There’s So Much You Don’t Know About Brett Kavanaugh. And you probably won’t until it’s too late.
First, the awful lot: Judge Kavanaugh would shift the balance of constitutional jurisprudence to the right, creating a solid right-wing majority on the court possibly until the second half of the 21st century. While the somewhat unpredictable Justice Anthony Kennedy once served as the fulcrum for the court, that role will now go to Chief Justice John Roberts Jr., a far more ideological conservative.
Judge Kavanaugh, who sits on the federal appeals court for the District of Columbia, has been a fixture in conservative politics and is widely respected by the Republican elite. Before becoming a judge, he clerked for Justice Kennedy and worked for Kenneth Starr, the independent counsel who investigated President Bill Clinton, and later in the George W. Bush White House. He successfully portrayed himself in his remarks at the White House as a nice guy who coaches girls in basketball, feeds the homeless and believes in the Constitution.
What Americans can’t know about Judge Kavanaugh: pretty much anything else. That’s thanks to the perversion of the Supreme Court confirmation process, which once provided the Senate and the public with useful information about a potential justice’s views on the Constitution, but which has, ever since the bitter battle over President Ronald Reagan’s failed nomination of Robert Bork in 1987, devolved into a second-rate Samuel Beckett play starring an earnest legal scholar who sits for days at a microphone and labors to sound thoughtful while saying almost nothing.
Read the rest at the NYT.
I know there’s plenty of other news, but this is the biggie for today. Post your thoughts and links on any topic in the comment thread, and try to have a good day despite the horrors all around us.
The Supreme Court justices will convene this morning at 10AM. No one knows which rulings they plan to release. Will we learn their decision on same sex marriage? I hope so. I’m guessing they will leave the announcement of their decision on the Affordable Care Act for last. But who knows?
The high court is saving the high drama for the end of its term.
As June dwindles, seven cases are left for the Supreme Court to decide — including one that could legalize same-sex marriage across the country and one that will significantly affect the future of Obamacare.
The court is scheduled to announce decisions Thursday, Friday and Monday, and it could add days beyond that. There’s no indication which decisions will be released on which days.
The seven cases are summarized at the link. On the two most prominent cases:
Same Sex Marriage
In a landmark decision, the court will confront two questions. The first is whether states can ban same-sex marriage. The second is whether states must recognize same-sex marriages performed legally in other states.
All eyes are on Justice Anthony Kennedy, who wrote three of the court’s most important opinions on gay rights. At an oral argument in April, Kennedy asked tough questions of both sides, and at one point he said “it’s very difficult for the court to say, oh, well, we know better” what defines marriage than centuries of tradition limiting it to the union of a man and a woman.
Affordable Care Act
The justices could deal a potentially crippling, if not fatal, blow to President Barack Obama’s signature health law.
The challenge centers on whether the federal government is violating the act by offering subsidies to lower- and middle-income people who live in states that haven’t set up their own health care insurance “exchanges.”
Sixteen states have exchanges up and running. The remaining 34 rely on the federal exchange. The law says the subsidies can be made available only to people living where exchanges have been “established by the state.”
The plaintiffs argue that the subsidies are illegal because the federal government isn’t a state. The federal government argues that it was always clear that the subsidies would be available to anyone who bought insurance on an exchange. The insurance industry argues that if the federal subsidies are struck down, Obamacare itself would enter a “death spiral,” with costs rising for a shrinking number of participants, eventually causing the system to collapse.
Read about the other cases at the link.
Possible Outcomes on Same Sex Marriage
Although no one can really know what’s going on in Anthony Kennedy’s confused mind, most pundits expect the Supremes to decide that states cannot ban same sex marriage. I hope they’re right.
Richard Wolf at USA Today: Anticipating high court’s blessing, same-sex couples plan weddings.
Mark Phariss and Vic Holmes have sent out “Save the Date” cards and plunked down thousands of dollars for their November wedding, which promises to be Texas-style big.
Brittany Rowell and Jessica Harbuck are busy laying plans for a January wedding in Mississippi, with traditional white dresses and all the trimmings.
Tim Love and Larry Ysunza have reserved their church for an October wedding in Kentucky, about the time of their 35th anniversary together.
Liz Neidlinger and Erika Doty have their sights set on an outdoor sculpture garden in Michigan next May.
Jon Coffee and Keith Swafford were engaged last October in Tennessee and decided to marry in a year, regardless of court action. If it had to be merely symbolic, that would be sufficient.
What sets the five couples apart from your average wedding planners is a small impediment: They can’t get married in their home states — not yet, anyway. But they’re so confident the Supreme Court will change that in the coming days that they already are making plans for the big day.
Chicago Tribune: Coming gay marriage ruling triggers anticipation, anxiety in gay couples.
Chantel and Marcela Gatica-Haynes, who live in Arizona, were married in a garden ceremony at an Ojai, Calif. bed-and-breakfast on Sept. 7, 2013. The wedding came less than three months after a U.S. Supreme Court ruling ended Proposition 8, California’s ban on same-sex marriage. They returned home to Flagstaff and were married again last October after a federal judge ruled Arizona’s ban on the marriages was unconstitutional.
Though many observers predict the coming ruling will open the door wider to same-sex marriage, Chantel Gatica-Haynes worries her marriage could be impacted by a ruling against the unions. She worries more that a ruling upholding state bans could affect Marcela’s attempt to adopt Chantel’s 1-year-old daughter, Aspen.
“We’re just in this holding pattern,” she said. “The things that are hanging out there will affect our daughter’s future even when we’re gone.”
More at the link.
The Boston Globe: Supreme Court same-sex marriage decision still in question.
When it comes to same-sex marriage, the justices have considered two principal questions:
1) Does the Constitution require a state to license a marriage between two people of the same sex?
2) If same-sex couples marry in one state, where it’s legal, must other states recognize their marriages?
If the justices say yes on the first question, then same-sex couples in all states will be able to marry. If the justices say no to the first question, but yes to the second, then same-sex marriages will be recognized in every state, but states will not have the duty to marry same-sex couples.
If the justices say no to both questions, then states without same-sex marriage will be neither required to perform same-sex unions, nor to recognize unions performed out of state.
At oral arguments earlier this year, Justice Anthony Kennedy, widely viewed as the swing vote on the case, asked the petitioners early on about the role of the court in changing a definition of marriage that has been used for “millennia,” instead of allowing citizens to engage with the issue through the states.
But Kennedy, who spoke only 17 times during the hearing — the least of any justice barring famously silent Clarence Thomas — also spoke of the ability of same-sex couples to recognize the “nobility and sacredness” of marriage.
Read the rest at the Globe.
It’s always tough to predict how the court will rule but, broadly speaking, there are three main possibilities: the simplest is that the court declares state marriage bans unconstitutional, meaning states will all perform and recognize same-sex marriage. That’s a pretty simple outcome, but things get much trickier in the other two cases.
One other possibility is that the court decides to uphold bans. That means states that currently have bans could continue having theirs. But it also leaves 20 states up in the air legally. That group includes states where federal action struck down state bans. If the Supreme Court says bans are constitutional, those states could go back to having bans in place.
And there’s also the possibility of the court saying bans are constitutional, but that all states must all recognize marriages performed in other states. This option retains the messiness of the above possibility, but it does mean that couples would be recognized equally nationwide.
While you can break the decisions down into three neatly color-coded maps, there is a complicated web of state laws at work, and it means outcomes could vary widely by state if the court decides bansare constitutional. Adam Romero, senior counsel at UCLA’s Williams Institute, says the states where federal action struck down state bans are where things could get really complicated.
Read more and check out the maps at the NPR link.
The Affordable Care Act Ruling
From New York Magazine: Chief Justice Roberts’s Big Health-Care Moment, by Cristian Farias.
Chief Justice John Roberts has big plans after the end of the current Supreme Court term. He will be hopping on a plane to Japan, half a world away from any fallout that may result in the aftermath of King v. Burwell, the closely watched challenge to the Affordable Care Act. According to SCOTUSblog, that decision could come as early as this Friday.
Three years ago, when Roberts first saved President Obama’s signature law, he headed for the other side of the globe, to Malta — a CBS Newsscoop about a vote switch and internal “arm-twisting” by Roberts aroused such conservative wrath, the Mediterranean island seemed like a good place for him to teach some law and weather the controversy. “After ruling, Roberts makes a getaway from the scorn,” said the Times.
No one knows where the chief justice stands in King, but there are real-world, pragmatic reasons for him to side with the government again — even more so than with NFIB v. Sebelius, which threatened a law still in its infancy and not yet fully implemented. Now the prospects of unraveling insurance markets and millions losing health-care subsidies with an adverse ruling are real, and Roberts more than any of the justices cares about these things because the court bears his name and anything the court does, whether he had something to do with it or not, falls under his legacy. He’s the most accountable member of the least accountable branch.
But consider also that by the time a decision is announced, Roberts will have finished his tenth year on the Supreme Court — a milestone legal scholars and commentators will seize on to discuss that legacy, his jurisprudence, and whether he has delivered on his promise to be the kind of chief justice who merely “calls balls and strikes,” as he famously said during his confirmation hearings. Just yesterday, the Upshot suggested the court is leaning leftward more than any other time in recent history. And other retrospectives have begun to roll out: the Constitutional Accountability Center, a legal advocacy group, has published a series of reports on Roberts’s first decade and his record — on civil rights, campaign finance, access to justice, the environment, equality. The kinds of cases the public cares about. And yes, that includes health care.
Much more interesting analysis at the link.
Washington Post: Supreme Court ruling could push health industry agenda to back burner — again, by Catherine Ho.
The health care industry was hoping this would be the year it could move beyond the Obamacare fight in Washington and on to new priorities, such as improving drug development and patient care.
But the Supreme Court’s upcoming ruling in King v. Burwell threatens to derail those ambitions.
Industry advocates are concerned that no matter how the court rules on the legality of certain insurance subsidies provided under the law, the health care debate in Congress will once again become dominated by the political divisions over the Affordable Care Act (ACA).
“It has the potential for serious chaos and disruption,” said health care lobbyist Ilisa Halpern Paul, who represents hospital systems and health advocacy groups.
The court is expected to rule as early as Thursday on whether to strike down a critical part of the law by invalidating subsidies to 6.4 million Americans in the 34 states that have federally run health insurance exchanges.
If the court rules against the subsidies, Republicans will be scrambling to figure out whether they should find a way to keep them in place until after the 2016 election when they hope a Republican president and GOP-controlled Congress can repeal the law in its entirety. The concern for Republicans is that if they don’t find a way to keep the subsidies in place until a new plan is ready, they will face backlash from constituents who currently use them to offset the cost of their health insurance. The legislative focus on the subsidies would mean all other health-related legislative initiatives that have gained traction recently are likely to come to a halt, at least temporarily.
More at the WaPo.
And some maps of the possible results of the decision at Slate: These Maps Show How Radically the Supreme Court Could Upend the Health Care System.
Once again the fate of the Affordable Care Act rests in the hands of the Supreme Court. In King v. Burwell, the court is weighing whether the federal government can legally provide insurance subsidies to people who have purchased their health care through one of the federally run exchanges in 34 states. Whatever the court decides could also theoretically extend to three other exchanges—in Nevada, New Mexico, and Oregon—that are state-based but federally supported. Altogether, roughly $1.7 billion in tax credits and the health insurance of more than six million people is at stake. It’s arguably the biggest existential challenge to Obama’s signature health care reform since the Supreme Court upheld the individual mandate in 2012.
The crux of the case is a perilous clause buried in the ACA’s hundreds of pages. According to the law’s exact wording, people become eligible for federal insurance subsidies if they’ve purchased care through “an Exchange established by the State.” Because of those last four words, the plaintiffs in King v. Burwell argue that federal subsidies can only be available on state-based exchanges, and not on the federally facilitated ones in most of the country. The Obama administration has countered that the purpose of the law is to make health care accessible, and that “established by the State” should be read with that in mind. Several of the people who helped pen the legislation have dismissed the clause as a drafting error.
Other News, Links Only
Buzzfeed News: Bobby Jindal’s Plan To Stop Being A Punchline And Actually Win. [Good luck with that.]
Christian Science Monitor: Bobby Jindal was supposed to be the ‘next Reagan.’ What happened? (+video).
AP via ABC News: Funeral Plans for South Carolina Church Shooting Victims.
What else is happening? Please post your thoughts and links on any topic in the comment thread and enjoy your Thursday.
The Ebola Virus and the epidemic in Africa is real. The right wing hysteria about the virus is rivaling the bad plots of the Zombie movies I’m watching during SyFy’s Countdown to Halloween. I thought I’d spend some time separating the facts from the conspiracy theories today. So let me start with one of the most outrageous Zombie Memes from one of the most vile women on the planet. Dementia or further evidence of the advanced stages of evil? It’s your choice.
In an interview with WorldNetDaily published today, Eagle Forum founder Phyllis Schlafly weighed in on the unfounded theory gaining traction in the right-wing media that Central American young people are to blame for an outbreak of a childhood respiratory illness in the U.S.
“There are all kinds of diseases in the rest of the world, and we don’t want them in this country,” Schlafly told WND, adding that “of all the things [Obama has] done, I think this thing of letting these diseased people into this country to infect our own people is just the most outrageous of all.”
She went on to imply that President Obama is intentionally allowing people infected with Ebola into the United States because he wants America to be “just like everybody else, and if Africa is suffering from Ebola, we ought to join the group and be suffering from it, too. That’s his attitude.”
Conservative icon Phyllis Schlafly – author of “Who Killed the American Family?” – said she agrees Obama is responsible for allowing diseases to enter the country.
“There are all kinds of diseases in the rest of the world, and we don’t want them in this country,” Schlafly said. “And it’s Obama’s job to keep them out.
“Out of all the things he’s done, I think this thing of letting these diseased people into this country to infect our own people is just the most outrageous of all.”
Schlafly said the government should screen immigrants for disease before they enter the country, as was done at Ellis Island a hundred years ago.
“That was the purpose of Ellis Island – to have a waiting place where it was decided whether people were healthy enough or responsible enough to come into our country,” she said. “The idea that anybody can just walk in and carry this disease with them is just an outrage, and it is Obama’s fault because he’s responsible for doing it.”
When asked why the current administration hasn’t done more to prevent diseased illegal aliens or Ebola carriers from Africa from entering the country, Schlafly said Obama wants to make the U.S. more like the rest of the world.
“Obama doesn’t want America to believe that we’re exceptional,” Schlafly said. “He wants us to be just like everybody else, and if Africa is suffering from Ebola, we ought to join the group and be suffering from it, too. That’s his attitude.”
Yup, it’s despicable She. Still foaming at the mouth after all these years too.
The director of the Centers for Disease Control and Prevention told a top-level forum in Washington, D.C., that the Ebola outbreak is unlike anything he’s seen since the AIDS epidemic.
“I would say that in the 30 years I’ve been working in public health, the only thing like this has been AIDS,” Frieden said before the heads of the United Nations, World Bank and International Monetary Fund, according to AFP.
Frieden added: “We have to work now so that it is not the world’s next AIDS.”
Frieden’s comments come as the first person diagnosed with Ebola in the U.S. died Wednesday despite intense but delayed treatment. The U.S. government also announced it was expanding airport examinations to guard against the spread of the deadly disease.
The checks will include taking the temperatures of hundreds of travelers arriving from West Africa at five major American airports.
The new screenings will begin Saturday at New York’s JFK International Airport and then expand to Washington Dulles and the international airports in Atlanta, Chicago and Newark. An estimated 150 people per day will be checked, using high-tech thermometers that don’t touch the skin.
The White House said the fever checks would reach more than 9 of 10 travelers to the U.S. from the three heaviest-hit countries — Liberia, Sierra Leone and Guinea.
President Barack Obama called the measures “really just belt and suspenders” to support protections already in place. Border Patrol agents now look for people who are obviously ill, as do flight crews, and in those cases the Centers for Disease Control and Prevention is notified.
It’s unlikely a fever check would have spotted Thomas Eric Duncan, the Liberian man who died of Ebola in a Dallas hospital Wednesday morning. Duncan wasn’t yet showing symptoms when he arrived in the U.S.
There are the facts about the state of the Ebola crisis. In West Africa, more than 8,000 people have contracted the disease and nearly half have died. In the U.S., there’s just one confirmed case—that of Thomas Duncan, the Liberian man who passed away in Dallas on Wednesday. Experts say that the caseload in West Africa is likely to get much, much bigger. As many as 1.4 million people could get the disease, with a large fraction of them dying from it. The same experts expect no similar outbreak here, even if a few more cases appear, because we have the personnel and the resources to limit exposure.
But all of the news on Wednesday was about developments here in the U.S.—in particular, new screening efforts at five major U.S. airports, Duncan’s death, and reports of possible new cases in the U.S., including one in Dallas. You could tell by the questions that Thomas Frieden, director of the U.S. Centers for Disease Control, fielded during a late afternoon press conference. He got more than a dozen of them. Only two were about the situation abroad. (And one of them, it so happens, came from me.)
The preoccupation with what’s happening here, as opposed to what’s happening over there, is perfectly understandable. On Tuesday, a Gallup poll revealed that Americans today are as worried about contracting Ebola as they were about contracting H1N1, the swine flu, during that outbreak two years ago. By that time, millions of people had gotten H1N1 and thousands had already died. But people die from flu all the time, usually because they are very young or very old or already otherwise infirmed. It’s a threat that people have factored into their daily lives, if at all. Ebola is quite literally a foreign menace, one to which almost nobody gave much thought until a few weeks ago. The virus kills about half the people who get it, with little regard for age or health status of the person infected.
That fear goes a long way to explaining why the U.S. is implementing the new screening process at the airports. Customs and Border Patrol agents were already on the lookout for people with visible signs of the disease. Now they will add another layer of scrutiny. They will use questionnaires to screen for people who have been in affected countries—and, then, subject these people to temperature tests and more questioning. People who have fever or show other Ebola symptoms will be evaluated by quarantine officers from the CDC, then referred to local health authorities who will decide how to handle the cases. The primary goal is to identify any passengers infected with Ebola before they leave the airport.
Of all the issues that you would think would be non-partisan, Ebola should be at the top of the list. The disease is just a mindless germ that doesn’t check your race, gender, social class, sexual orientation or party identification before it strikes, suggesting both liberals and conservatives have a stake in treating people exposed to the disease with compassion and care. And yet, to flip on Fox News or turn on any conservative media at all, you’d think that ebola was some kind of plague designed by the Democratic party in order to wipe out Republicans.
Blowing the threat of ebola out of proportion and trying to link it to Obama has been a constant theme on the right in recent days. Elisabeth Hasselbeck of Fox News literally demanded that we put the country on lockdown, banning all travel in and out. In a bit of race-baiting, Andrea Tantaros of Fox suggested that people who travel to the country and show symptoms of ebola will “seek treatment from a witch doctor” instead of go to the hospital. Fox host Steve Doocy suggested the CDC is lying about ebola because they’re “part of the administration”. Fox also promoted a conspiracy theorist who is trying to claim the CDC is lying when they caution people not to panic.
Other right wing media joined in. Tammy Bruce blamed ebola on the “Obama legacy”. Laura Ingraham said Obama was prevented from doing more to stop the disease because of his “core ties to the African continent”. Rush Limbaugh even went as far as to accuse Obama of letting the disease spread because he supposes liberals believe “we kind of deserve a little bit of this”.
Okay, so here’s a zombie mistake and a big one. Justice Kennedy’s Typo Accidentally Stops Same-Sex Marriage in Nevada.
Yesterday, Supreme Court Justice Anthony Kennedy stunned America when he ordered a halt on Nevada’s same-sex marriages, less than a day after the Court voted to overturn a ban on gay marriages in that state. Turns out that it was a total accident. Yes, a big ol’ “oops, my bad” incident.
According to SCOTUSBlog, what happened was the following: The Ninth Circuit recently heard challenges to same-sex marriage bans in Idaho and Nevada, who, for the purposes of convenience, had combined both of their challenges into a single case. In two different rulings, the federal appellate court struck down both of these states’ bans, allowing same-sex marriage in Idaho and Nevada, and issued a mandate on the ruling to immediately enforce the new law. In other words, the moment that the Ninth Circuit struck down the ban, gay and lesbian couples could get married immediately.
This did not make Idaho happy, so they filed a request to Justice Kennedy asking him to put a stop on same-sex marriage in Idaho, so that state officials could review their case before the Ninth Circuit. Kennedy allowed it, but in a total brain fart moment, issued an order that put a stop on weddings in both Idaho and Nevada, even though nobody in Nevada had asked for a review, either.
Thankfully, same-sex marriages can still occur in Las Vegas for the time being, but unfortunately, nobody knows what the eff is happening anymore. As a result, the Ninth Circuit has recalled its order implementing same-sex marriage in Idaho and are asking for briefs as to whether they need to do the same in Nevada.
Good job, Kennedy. Look how much confusion your typo has caused.
Oh, another Zombie Meme replacing Benghazi these days. It’s not only Ebola that’s Obama’s fault but also ISIL. It’s all about killing white people!!! Here’s some great links and proof from Politicus.
We have shown that for the GOP, the threat of Ebola exists only as an excuse to attack President Obama, that it’s all Obama’s fault (of course) and that, Oh my God! Oh my God! It’s going to kill us all! Cue to Rand Paul diving under his bed.
We have also been closely following the rise of ISIL in Syria and Iraq, and have tried to show you the contrast between the Republican and the Democratic reactions.
We have shown that for the GOP, the threat of ISIL exists only as an excuse to attack President Obama, that it’s all Obama’s fault (of course) and that Oh my God! Oh my God! They’re going to kill us all! Cue to Lindsey Graham diving under his bed.
It is surely significant that yesterday Time Magazine should profile the Republican response to the ISIL “scandal”: GOP Ad Claims ISIS Plot to Attack U.S. Via ‘Arizona’s Backyard.’
As Time’s Zeke Miller and Alex Rogers describe the ad, which was posted to YouTube yesterday,
The National Republican Congressional Committee ad opens with grainy footage of black flags and fighters from the Islamic State of Iraq and Greater Syria (ISIS) holding rifles on military vehicles. “Evil forces around the world want to harm Americans every day,” an ominous voiceover states. “Their entry into our country? Through Arizona’s backyard.” The spot goes on to recount how Rep. Ann Kirkpatrick (D-AZ), locked in a close re-election fight with Arizona House Speaker Andy Tobin, has voted against border security legislation, suggesting that she “leaves Arizona vulnerable.”
Chris Wallace of Fox News has already planted the suggestion in viewers’ facile minds that Ebola could come across our Southern Border and that it could be used as a weapon. It doesn’t matter after those words are spoken than an expert debunks them. The damage has been done.
The brain damage was done to any one that actually believes these things years ago.
So what’s on your reading and blogging list today?
There’s a great big sloppy white mess outside my house this morning–something like 6 or 7 inches of heavy, wet snow. I’m not sure how I’ll get out of here; I may have to try to hire someone to dig me out. Anyway, I’m resigned to being stuck in the house for today at least.
Soooo… let’s see what happening in the news.
I’m going to start out with some news from the Supreme Court. Yesterday the court debated another voting rights case, and once again Sonya Sotomayor went toe-to-toe with right-wing judicial activist Antonin Scalia. This time it was a case from Arizona over whether a state can require proof of citizenship beyond what is required by federal voter registration forms. Here’s some background from Spencer Overton at HuffPo:
The latest case involves the simple question of whether Arizona can refuse to accept a federal voter registration form. But the stakes are much higher. A victory for Arizona could accelerate a nationwide trend of political operatives attempting to manipulate election rules for political gain, and could undermine the power of Congress to protect voting rights.
The National Voter Registration Act requires that all states “accept and use” a single, uniform voter registration form for federal elections. States can still use their own registration forms, but they must also accept and use the Federal Form. The purpose of the Federal Form is to increase participation by preventing states from erecting barriers to voter registration.
The Federal Form requires that prospective voters check a box and sign the form affirming they are U.S. citizens under penalty of perjury. Arizona, however, adopted a state law requiring “satisfactory proof” of U.S. citizenship to register, such as a birth certificate, U.S. passport, or state driver’s license that shows citizenship.
As a result, Arizona initially rejected over 31,000 voter registration applications — including citizens who registered using the Federal Form. Community-based registration drives were hit especially hard, because they rely on approaching individuals who may not be carrying a birth certificate or similar documentation (or unwilling to give a photocopy of these sensitive documents to a registration-drive volunteer). For example, community-based registration drives in Arizona’s largest county — Maricopa County — dropped 44%.
Obviously, if Arizona wins the case, other red states would pass similar laws that would trump federal voting regulations. Yesterday, Sotomayor and Scalia “clashed” over the Arizona law. Talking Points Memo:
Much as they did weeks ago during arguments over the constitutionality of the Voting Rights Act, the two justices on Monday each led the charge on opposite sides of the case — Scalia for less federal involvement in states’ ability to set their voting laws, and Sotomayor for broad national authority to protect citizens’ right to vote.
Sotomayor’s opening volley began immediately after Arizona Attorney General Thomas C. Horne stepped up to defend his state’s law. She fired off a series of questions, which she would continue asking in different flavors throughout his argument, about inconsistencies between Arizona’s Prop 200 and the NVRA.
“If I see the purpose of the NVRA to simplify registration, how are Arizona’s provisions consistent with that objective and purpose, given that … many people don’t have the documents that Arizona requires?” Sotomayor said. She asked Horne why he thinks Congress would have required states to accept a voter registration form if states can then turn around and require additional information like a passport or birth certificate.
“Why isn’t that just creating another form?” she demanded. Arizona, she said, may object to the fact that proof of citizenship isn’t required, but “that’s what Congress decided.”
As for Scalia:
The conservative jurist wasn’t convinced requiring people to attest under oath was sufficient.
“So it’s under oath — big deal,” Scalia said. “If you’re willing to violate the voting laws, I suppose you’re willing to violate the perjury laws.” He posited that only “a very low number” of voters would be harmed by a requirement to submit proof of citizenship.
Well that makes sense–not. Why bother having witnesses swear to tell the truth in court cases then?
Of course Anthony Kennedy was his usual waffling self. Again from TPM:
At one point, Kennedy wrestled with whether Arizona’s proof-of-citizenship requirement crosses a line. He asked the state’s attorney general, who was defending the law, whether states may also require proof of one’s address or date of birth when registering to vote. If so, he posited, then the federal requirement “is not worth very much.”
At another point, he launched a defense of Arizona’s actions in principle and took issue with some of the reasoning by the Ninth Circuit Court of Appeals, which ruled against Arizona.
“The state has a very strong and vital interest in the integrity of its elections,” Kennedy said, “even when those, and perhaps especially when those are elections of federal officials. And it seems to me the Ninth Circuit’s new test did not give sufficient weight to that interest.”
Roberts is apparently “leaning slightly” toward Arizona’s point of view. It’s really frightening that voting rights are in the hands of this conservative court. Thank goodness for Sotomayor’s willingness to be vocal in her arguments. Here are couple more interesting tidbits:
“Let me give you this example,” Alito said. “A person rides up to a place to register on a bicycle and gets out and hands in the federal form. This boy looks like he is 13 years old and he is carrying school books, he is wearing a middle school t-shirt, but he has filled out the form properly. Are they required to register him?”
In the final moments, Scalia warned the Obama administration’s lawyer, who was arguing against Arizona, that if the constitutionality of the NVRA form is challenged in broader terms, “You’re going to be in bad shape — the government’s going to be.”
There was a little bit of good news from the Court yesterday, according to HuffPo: Supreme Court Refuses To Hear Goldman Sachs’ Appeal To Financial Crisis Lawsuit.
Goldman Sachs Group Inc suffered a defeat on Monday as the U.S. Supreme Court let stand a decision forcing it to defend against claims it misled investors about mortgage securities that lost value during the 2008 financial crisis.
Without comment, the court refused to consider Goldman’s appeal of a September 2012 decision by the 2nd U.S. Circuit Court of Appeals in New York. Goldman shares sank more than 2 percent.
That court let the NECA-IBEW Health & Welfare Fund, which owned some mortgage-backed certificates underwritten by Goldman, sue on behalf of investors in certificates it did not own, but which were backed by mortgages from the same lenders.
Goldman and other banks have faced thousands of lawsuits by investors seeking to recoup losses on mortgage securities.
The bank has said that letting the 2nd Circuit decision stand could cost Wall Street tens of billions of dollars.
David Frum posted a fascinating article at The Daily Beast late yesterday on the lead-up to the Iraq War. Frum was a speechwriter for George W. Bush at the time. You should read the whole thing, but I’ll just quote this one intriguing portion:
The first time I met Ahmed Chalabi was a year or two before the war, in Christopher Hitchens’s apartment. Chalabi was seated regally at one end of Hitchens’s living room. A crowd of nervous, shuffling Iraqis crowded together at the opposite end. One by one, they humbly stepped forward to ask him questions or favors in Arabic, then respectfully stepped backward again. After the Iraqis departed, Chalabi rose from his chair and joined an engaged, open discussion of Iraq’s future democratic possibilities.
The last time I saw Chalabi was in his London apartment, on the very eve of war. My little group arrived past midnight. Chalabi was listening to the evocative strains of Sufi music. He showed me a black-and-white photograph of seven men, wearing the clothes of the 1940s. They were the board of directors of a company his father had founded: a mixed group of Sunni, Shiite, and Christian, and even a Jew. Chalabi remarked that this picture was taken while Europe was tearing itself apart in genocidal violence. He didn’t add that it was taken shortly after British forces defeated a pro-Axis coup in Baghdad—but failed to prevent a murderous pogrom against Baghdad’s Jewish population.
I was less impressed by Chalabi than were some others in the Bush administration. However, since one of those “others” was Vice President Cheney, it didn’t matter what I thought. In 2002, Chalabi joined the annual summer retreat of the American Enterprise Institute near Vail, Colorado. He and Cheney spent long hours together, contemplating the possibilities of a Western-oriented Iraq: an additional source of oil, an alternative to U.S. dependency on an unstable-looking Saudi Arabia.
You might imagine that an administration preparing for a war of choice would be gripped by self-questioning and hot debate. There was certainly plenty to discuss: unlike the 1991 Gulf War, there was no immediate crisis demanding a rapid response; unlike Vietnam, the U.S. entered the war fully aware that it was commencing a major commitment.
Yet that discussion never really happened, not the way that most people would have imagined anyway. For a long time, war with Iraq was discussed inside the Bush administration as something that would be decided at some point in the future; then, somewhere along the way, war with Iraq was discussed as something that had already been decided long ago in the past.
I’m running out of space, so I’ll leave you with this follow-up to the Steubenville rape trial.
Reno Saccoccia is a local legend, in the way that 30-year coaches of football powerhouses in economically depressed Ohio Valley towns tend to be legends. He’s in the Ohio Coaches Hall of Fame. He’s won three state titles. When Saccoccia won his 300th game last year, a sellout crowd of more than 10,000 people packed Harding Stadium—christened “Reno Field” in 2007—and chanted “Reno, Reno, Reno” as he left the field.
He breakfasts regularly with the sheriff. His sister-in-law works in the county’s juvenile court, where he is licensed as a mediator. He “molds young boys into men.” So how did Saccoccia react when he got word that two of his young boys were accused of raping a passed-out student?
On the night of the assault, a Steubenville student recorded this video joking about it. Off-camera, someone says “Trent and Ma’lik raped someone.” Among the text messages released at the trial of Trent Mays and Ma’lik Richmond, one sent by Mays indicated that Saccoccia had seen the video:
Deleate that off You-tube. Coach Sac knows about it. Seriously delete it.
Saccoccia would later claim he was unaware of the social media evidence, angrily telling a reporter that he didn’t “do the internet.” But a flurry of texts sent on August 13, the day after the incident, indicated that Saccoccia had heard what had happened.
Even as all of Steubenville gradually heard the rumors, even after a local blogger alerted the country to what had happened in Steubenville, those involved in posting and sharing the photos and videos continued to play. They were only suspended eight games into the season, more than two months after the assault and arrests.
Less than a month later, Saccoccia testified on behalf of Mays and Richmond in a hearing to determine whether they would be tried as adults.
As we all know, the “boys” were tried as juveniles and got off easy. Seriously, this asshole has to go!
I have some more stories to share, but I’ll put them in the comments . . . What are you reading and blogging about today? I’m stuck in the house, so I have all the time in the world to click on your links and read!
Most of the commentators seem to think it doesn’t look good for the health care bill. At SCOTUS Blog, there’s an index of yesterday’s coverage.
The New York Times editorial addresses the “test” the Supreme Court faces in their decision on this case.
In ruling on the constitutionality of requiring most Americans to obtain health insurance, the Supreme Court faces a central test: whether it will recognize limits on its own authority to overturn well-founded acts of Congress.
The skepticism in the questions from the conservative justices suggests that they have adopted the language and approach of the insurance mandate’s challengers. But the arguments against the mandate, the core of the health care reform law, willfully reject both the reality of the national health care market and established constitutional principles that have been upheld for generations.
The Obama administration persuasively argues that the mandate is central to solving the crisis in America’s health care system, which leaves 50 million people uninsured and accounts for 17.6 percent of the national economy. The challengers contend that the law is an unlimited — and, therefore, unconstitutional — use of federal authority to force individuals to buy insurance, or pay a penalty.
That view wrongly frames the mechanism created by this law. The insurance mandate is nothing like requiring people to buy broccoli — a comparison Justice Antonin Scalia suggested in his exasperated questioning of Solicitor General Donald Verrilli Jr. Congress has no interest in requiring broccoli purchases because the failure to buy broccoli does not push that cost onto others in the system.
It’s really frightening to think of the possible implications of the justices overturning this law. Will the right wingers challenge Medicare and Social Security next? Dahlia Lithwick says the right wingers on the Court seem to want to return the country to “freedom” circa 1804.
The fight over Obamacare is about freedom. That’s what we’ve been told since these lawsuits were filed two years ago and that’s what we heard both inside and outside the Supreme Court this morning. That’s what Michele Bachmann* and Rick Santorum have been saying for months. Even people who support President Obama’s signature legislative achievement would agree that this debate is all about freedom—the freedom to never be one medical emergency away from economic ruin. What we have been waiting to hear is how members of the Supreme Court—especially the conservative majority—define that freedom. This morning as the justices pondered whether the individual mandate—that part of the Affordable Care Act that requires most Americans to purchase health insurance or pay a penalty—is constitutional, we got a window into the freedom some of the justices long for. And it is a dark, dark place.
But the “conservative” justices, who are covered by government subsidized health insurance appear to think freedom means the right to let people die if they can’t pay for health care.
[Sonia] Sotomayor…pondering whether hospitals could simply turn away the uninsured, finally asks: “What percentage of the American people who took their son or daughter to an emergency room and that child was turned away because the parent didn’t have insurance—do you think there’s a large percentage of the American population who would stand for the death of that child if they had an allergic reaction and a simple shot would have saved the child?”
But we seem to want to be free from that obligation as well. This morning in America’s highest court, freedom seems to be less about the absence of constraint than about the absence of shared responsibility, community, or real concern for those who don’t want anything so much as healthy children, or to be cared for when they are old. Until today, I couldn’t really understand why this case was framed as a discussion of “liberty.” This case isn’t so much about freedom from government-mandated broccoli or gyms. It’s about freedom from our obligations to one another, freedom from the modern world in which we live. It’s about the freedom to ignore the injured, walk away from those in peril, to never pick up the phone or eat food that’s been inspected. It’s about the freedom to be left alone. And now we know the court is worried about freedom: the freedom to live like it’s 1804.
The quotes from Scalia and Kennedy in Lithwick’s piece are unbelievable. Please go read the rest at the link.
There were some bombshells in the Trayvon Martin case last night. ABC news obtained video of George Zimmerman arriving at the police station after he shot Trayvon Martin. Zimmerman had no visual signs of injury, no bandages, no sign of grass stains on the back of his jacket, no sign of a broken nose, no blood on his nose or the back of his head.
Last night on MSNBC’s The Last Word, Lawrence O’Donnell spoke to the funeral director who prepared Martin’s body for burial. The funeral director saw no sign of damage to Martin’s knuckles or any other part of his body that would indicate he had been in a fight. The only damage this man observed was a gunshot wound to Martin’s chest.
O’Donnell also had as a guest Cheryl Brown, the mother of a 13-year-old boy who witnessed the shooting. He couldn’t see much, because it was getting dark, but the boy told the 911 dispatcher that he saw a man lying on the ground and another man standing over him. One of the men was crying out for help, and then there was a gunshot and the crying stopped.
Another issue that arose last night on both MSNBC’s The Ed Show was that the police report on the incident listed Trayvon Martin’s full name and address; yet police listed him as a John Doe for three days. When Sanford police finally informed Trayvon’s father that his son was dead, the man who came to the house was Chris Serino, the investigator whom we recently learned wanted to charge George Zimmerman with manslaughter on February 26, the night of the shooting. Serino told Tracy Martin, Trayvon’s father, that he (Serino) didn’t believe Zimmerman’s story.
I don’t have any links, as I write this late on Wednesday night. I will try to add them in the morning when news articles become available.
The autopsy on Trayvon Martin’s body will obviously be key in determining what happened that night, but the autopsy is currently under seal.
The autopsy on Trayvon Martin was performed by a medical examiner who works for the Volusia County government, and therefore Byron has been in the loop regarding the autopsy, which has not yet been released as the investigation into the killing is ongoing.
“In Florida when a death is being actively investigated by any agency … the autopsy information is shielded under the Florida public records law until the investigation becomes un-active, or inactive,” Byron told the IBTimes via phone Wednesday morning. “So in this case I think we can all agree this is an active death investigation, so what I need to do is refer all calls to the State Attorney’s Office in Jacksonville.”
The LA Times reported yesterday that: Black residents in Sanford, FL say they’re often harassed by police. Here’s one example from the article:
To many black residents of Sanford, the escalating national anger over how local police have handled the [Trayvon Martin] case reflects years of tension and frustration over their treatment by authorities.
Murray Jess, for one, can’t shake the memory of an evening two years ago, as he drove through Sanford at dusk, heading home after attending an art show with his fiance and his 14-year-old nephew.
A police cruiser began following Jess’ silver-gray 1996 Mercedes. Two unmarked police cars blocked the road in front of him, forcing Jess into a Pizza Hut parking lot. An officer got out of a van and pointed a video camera at the bewildered Jess as another officer, his hand on his gun, approached the car.
Jess asked the officer why he had been stopped. “He said, ‘We’ve had a lot of reports of these kinds of cars being stolen lately,’ ” said Jess, a black Sanford resident and business owner whose voice still shakes with rage.
I have several other news links for you on a variety of subjects that I’ll give you in what Minkoff Minx and Wonk the Vote call a “link dump.”
On Tuesday, Minx reported that a group led by Magic Johnson has purchased the LA Dodgers. The team has been in limbo for the past couple of years after the former owner, Frank McCourt went through an expensive divorce that drained his funds. Actually, McCourt really never had enough money to be the owner of an MLB team. The LA Times reports on Dodger fans’ reactions.
Pope Benedict called for an end to the U.S. trade embargo against Cuba and met with revolutionary icon Fidel Castro on Wednesday as he ended a trip in which he urged the communist island to change.
He also spoke at a public Mass in Havana’s sprawling Revolution Square where the Vatican said 300,000 people gathered to hear the 84-year-old pontiff.
In a trip laced with calls for change in Cuba, his last message was aimed at the United States, its longtime ideological foe, which for 50 years has imposed a trade embargo trying to topple the Caribbean island’s communist government.
Speaking in a departure ceremony at a rainy Havana airport, Benedict said Cuba could build “a society of broad vision, renewed and reconciled,” but it was more difficult “when restrictive economic measures, imposed from outside the country, unfairly burden its people.”
A terrible wildfire has been burning in Colorado. Authorities believe the fire was started by a “controlled burn.”
Colorado Governor John Hickenlooper suspended prescribed burns used to mitigate fire danger on Wednesday after a controlled blaze apparently ignited a wildfire west of Denver that killed an elderly couple and destroyed some two dozen homes.
“Through this suspension, we intend to make sure that we have the procedures and protocols in place so that prescribed fire conditions and management requirements are understood and strictly followed,” Hickenlooper said in a statement.
Although the origins of the so-called Lower North Fork Fire are officially under investigation, the Colorado State Forest Service has said that a controlled burn it conducted was the likely source of the fire.
A Jet Blue pilot who apparently had a psychotic break during a flight has been charged with a crime.
U.S. authorities filed criminal charges on Wednesday against a JetBlue Airways pilot who yelled incoherently about religion and the 2001 hijack attacks and pounded on a locked cockpit door before passengers subdued him in a midair uproar.
Flight 191 was diverted to Amarillo, Texas, on Tuesday, following what authorities described as erratic behavior by Capt. Clayton Frederick Osbon, who allegedly ran through the cabin before passengers tackled him in the galley….
The Justice Department filed a complaint charging Osbon with interfering with the crew. It is unusual for a commercial airline pilot to be charged in this way, and a U.S. official said he could not recall a similar case in recent years.
Osbon, 49, remains in a guarded facility at a hospital in Amarillo, and U.S. Attorney Sarah Saldana said he faces up to 20 years in prison if convicted.
The man sounds mentally ill to me. I’ll be interested to learn more about what happened.
If you’re interested in some juicy gossip from Arlen Specter’s new book, you can find it at The Washington Post and Huffpo. There appears to be quite a bit in the book about naked Senators–including Ted Kennedy. I think I’m going to pass on reading this book.
Sooooo… what are you reading and blogging about today?