The Commentariat -- May 28, 2015
All internal links removed.
ObamaWeb! Rebecca Ruiz of the New York Times: "For 30 years, the federal government has helped millions of low-income Americans pay their phone bills, saying that telephone service is critical to summoning medical help, seeking work and, ultimately, climbing out of poverty. Now, [FCC Chair Tom Wheeler] will propose offering those same people subsidized access to broadband Internet.... While the plan is likely to secure the support of the F.C.C.'s Democratic majority in a vote next month, it is almost certain to also set off fierce debate in Washington." CW: Gosh, whoever would oppose a modest plan designed to reduce income inequality & help American children?
Michael Shear of the New York Times: "President Obama will put off a confrontation at the Supreme Court over his immigration executive actions, choosing not to ask for permission to carry out the programs while a fight over presidential authority plays out in the lower courts, officials said Wednesday. As a result, Mr. Obama&'s vast overhaul of the nation's immigration laws, which he announced with great fanfare last November, might not be resolved until just months before he leaves office." (Also linked yesterday afternoon.)
Charles Pierce: The Supreme Court is "now damned close to enshrining in law the principle that any electoral disadvantage -- self-inflicted or not -- that conservatives face is prima facie unconstitutional. First, they turn our elections into a plutocrat's playground (Citizens United, McCutcheon). Then they uphold in the main voter-suppression tactics designed by the candidates the newly corrupt system produces out in the states (Crawford). Then, they gut any remedy that the people against whom these new laws discriminate have in federal court (Shelby County.) And now, it appears, the day of Jubilee having been declared, the circle may be closing for good." ...
... CW: Nonetheless, it would seem that Little Johnnie & the Dancing Supremes could have some difficulty in sidestepping the 14th Amendment, as contributor Patrick pointed out yesterday, to wit: "... Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State...." They will have to declare that children & adult non-voters are not whole persons. That, as I noted yesterday, is the question. ...
... However, as several legal commentators have pointed out, the case the Supremes agreed to hear has to do with how the states determine the apportionment of legislative districts within their states, not how many "persons" form the basis for federal representation. ...
... BUT. Marty Lederman of Balkanization notes that when he was assistant solicitor general, John Roberts argued convincingly that one-man-one-vote must be applied to state districting. Lederman: "(Of course I am not suggesting the Chief Justice is or ought to be bound by what he argued as counsel for the government a quarter-century ago; I merely think that the substance of his argument in Garza was, and remains, quite compelling.)" Via Rick Hasen. ...
... Rick Hasen in Slate: "The conservatives behind Evenwel don't seem bothered much by the intrusion on states' rights that a decision in their favor would engender. That's because they are motivated more by the fact that noncitizens are getting representation, and in their belief that this is 'diluting' the voting power of citizens. They are the same people who backed attacks on affirmative action at the Supreme Court in the Fisher v. University of Texas at Austin case and successfully got the Supreme Court to strike down a key portion of the Voting Rights Act in the Shelby County v. Holder case. It is an agenda not about states' rights but about getting the Supreme Court to force states to empower conservatives and force onto all of us the theories of representation and power they envision." ...
... Noah Feldman of Bloomberg provides a helpful -- and easy-to-read -- historical views.
Mark Stern of Slate: The Supreme Court will hear a case contesting a death-penalty jury decision in which Georgia prosecutors left a paper trail showing blatant racism in jury selection. The state supreme court, BTW, saw nothing wrong with that. "A victory for Georgia ... would be a huge setback for the criminal justice system. It could give prosecutors across the country free rein to employ the kind of warped Southern justice that helped send [Timothy Tyrone] Foster to death row."
Jerry Markon of the Washington Post: "As the Department of Homeland Security continues to pour money into border security, evidence is emerging that illegal immigration flows have fallen to their lowest level in at least two decades. The nation's population of illegal immigrants, which more than tripled, to 12.2 million, between 1990 and 2007, has dropped by about 1 million, according to demographers at the Pew Research Center.... Current and former DHS officials acknowledge that a confluence of factors explains the decline in illegal migration, including demographic changes in Mexico, improvements in its economy and Mexico's crackdown on Central American migrants headed to the United States." ...
... Nigel Duara of the Los Angeles Times: "Demonstrations unfolded Wednesday at six Arizona border checkpoints, where protesters complained that the Border Patrol has turned their hometowns into intimidating militarized zones, among other border control issues that threaten the quality of their lives."
Dan Bilefsky of the New York Times: "European soccer officials said on Thursday that they would not boycott an election that is widely expected to lead to a fifth term as FIFA president for Sepp Blatter, despite their intensified opposition to his candidacy. After leading an emergency meeting with representatives from FIFA's six regional confederations to discuss a criminal inquiry by the United States earlier in the day, Blatter rebuffed a call from Michel Platini, Europe's top soccer official, to step down before the election on Friday." ...
... Nathan Fenno of the Los Angeles Times: "Dogged for years by suspicions of corruption, the governing body for the world's most popular sport is now in the center of a sprawling, spiraling scandal.... The FIFA imbroglio, unearthed as part of a joint effort that includes the FBI and IRS, extends far beyond the average sports scandal." ...
... David Graham of the Atlantic reports on the FIFA (football) arrests -- which are now up to 14 & counting. Graham describes FIFA as a Mafia-like organization. ...
Claire Phipps & Damien Gayle of the Guardian: "Fifa sponsors, including Adidas, Visa and Coca-Cola, are calling for the body to reform its practices.... The crisis has also cast doubt over [Sepp] Blatter's leadership of the body. He is seeking a fifth four-year term as president this week, but leading figures in world football have called for him to reconsider his position." ...
... Jackie Kucinich of the Daily Beast: "The Clinton global charity has received between $50,000 and $100,000 from soccer's governing body and has partnered with the Fédération Internationale de Football Association on several occasions, according to donor listings on the foundation's website.... Bill Clinton ... was an honorary chairman of the bid committee put together to promote the United States as a possible host nation for the 2018 or 2022 World Cup."
Some Would Be Heroes. Contributor safari links to the obituary of conservationist Leo Drey. ...
... And Some Would Not. Adam Lerner of Politico: Rex Tillerson, the CEO of ExxonMobil, "downplayed the effects of climate change at his company’s annual meeting Wednesday, telling shareholders his firm hadn't invested in renewable energy because 'We choose not to lose money on purpose.'... At the meeting, shareholders sided with the company's board and voted against a measure proposed by Father Michael Crosby and Sister Pat Daly, representatives of a Milwaukee-based Roman Catholic organization, to add a climate change expert to the company's board."
Presidential Race
Say Who? Alexander Burns of the New York Times: Former New York Gov. George Pataki "announced Thursday in a video on his website that he is running for president.... Mr. Pataki, who left office in 2006, is an unlikely match for the Republican Party of 2016. A former Yale debater with an easy public demeanor, he is a supporter of abortion rights and pushed as governor for anti-discrimination rules protecting gays and lesbians."
[Pataki] sees and believes that there's an opportunity in New Hampshire to put himself forth in this race. Its voters are much more moderate on social issues.... Of course he'll be battling Jeb Bush, who is considered the more moderate of the candidates running. But Jeb doesn't know to take a position on Iraq even after the disaster we've seen. -- Former goofball Sen. Alfonse D'Amato (R.-N.Y.), a long-time ally of Pataki's
Trip Gabriel of the New York Times: "is announcing his second presidential bid on Wednesday." (Also linked yesterday afternoon.)
, who was the runner-up in the Republican primary race four years ago but has never been considered his party's heir apparent,Dan Balz & Robert Costa of the Washington Post: "Ohio Gov. John Kasich, who has been actively gauging reactions to a possible campaign for president in 2016, is now moving rapidly to assemble the staff and financial resources for such a bid and is looking to declare his candidacy sometime after June 30, according to knowledgeable Republicans." CW: Apparently god gave Kasich the signal. (Also linked yesterday afternoon.)
Our Moral Dilemma of the Day: Should Christian bakers sell cake to sinners? ....
... Related Test Question: How is a mosque like a KKK march?
Katie Glueck of Politico: "Louisiana Gov. Bobby Jindal lashed out at Sen. Rand Paul for his recent comments about the Islamic State, saying the presidential contender is unfit to be commander in chief and is taking the 'weakest, most liberal Democrat position' when it comes to fighting the militant group. Using unusually harsh rhetoric and an unusual forum, Jindal posted a statement condemning Paul on Wednesday on his 'office of the governor' website." CW: I'm trying to think of what other presidential hopeful is unfit for the job. ...
... Ed Kilgore surmises Bobby is "grabbing every media opportunity available to get the kind of attention that might bump up those polling numbers and earn a spot on the debate stage.... "Perhaps Jindal decided to get energized after reading a Times-Pic piece from Julia O'Donoghue drawing attention to a FiveThirtyEight analysis by Harry Enten of polls showing Bobby running dead last (technically, tied for dead last with John Kasich )among born again/evangelical voters, his obsessive target for many months now." ...
... CW: I sure want Bobby to be in the same circus ring with Li'l Randy during the Fox "News" clown show debates. It would be so fun to watch these pipsqueaks duke it out. ...
... Update. Add Christie to the scrim. Alexander Bolton of the Hill: Chris "Christie accused Paul of siding with the 'criminal' leaker Edward Snowden." ...
... Update 2. Ed O'Keefe of the Washington Post: "... Jeb Bush sought to cast himself as a seasoned leader while faulting other candidates for shifting course to fit public opinion. Bush is not yet an official presidential candidate, but he suggested that others already in the race are being needlessly combative and that the eventual GOP presidential nominee should be 'hopeful and optimistic instead of grumpy and kind of reactionary.'... Bush made his comments as the featured guest on 'Calling Alabama,' a conference call series hosted by the Alabama Republican Party." ...
... Greg Sargent: "It's good that Bush is throwing down the gauntlet in claiming that GOP candidates should show courage in trying to persuade hostile GOP voters that legalization [of undocumented immigrants] is the only solution. But it remains to be see how far he'll go publicly. What's more, Bush does not deserve a pass here -- he, too, has equivocated on legalization."
Dana Milbank: "Ted Cruz, charlatan." Milbank points out how Cruz criticized President Obama for not bombing Syria at the same time Cruz was working against Congressional efforts to grant President Obama approval to bom Syria.
Adam Lerner: "Wisconsin Gov. Scott Walker defended his decision to sign a law in Wisconsin mandating ultrasounds for women before they get abortions.... Defending the legislation against what he called the 'gotcha' media, Walker said, 'Most people I talk to, whether they're pro-life or not, I find people all the time who'll get out their iPhone and show me a picture of their grandkids' ultrasound and how excited they are, so that's a lovely thing. I think about my sons are 19 and 20, you know we still have their first ultrasound picture. It's just a cool thing out there.'... Planned Parenthood President Cecile Richards responded in a statement sent to NPR that 'Women are very clear that forced government ultrasounds are not "cool."'" ...
... CW: I'm pretty sure women will want to share photos of their aborted fetuses. Maybe frame the pix & hang them on the wall. What an asshole. P.S. Once again: thanks, Wisconsin!
Ha Ha. Maggie Haberman of the New York Times: Carly Fiorina's attempted ambush of Hillary Clinton at a South Carolina hotel didn't go so well. ...
... Haberman: Meanwhile, Hillary called for a civil campaign, addressing "an unhappy memory from her last campaign in South Carolina, when her battle with Barack Obama grew intense and ugly." ...
... Patrick Healy of the New York Times: So then, in New Hampshire, Bernie takes a jab at Hillary for not taking a position on the TPP trade deal. ...
... Linda Greenhouse: "Hillary Clinton has been telling people ... that as president, she would appoint Supreme Court justices who would overturn the Citizens United decision erasing limits on political spending by corporations.... Litmus tests can be problematic, for sure, but let's be intrigued rather than shocked that opposition to Citizens United has emerged as the latest one. During the presidential debates in 2012, neither candidate was asked a single question about the Supreme Court. If a Citizens United litmus test serves only to put the court on the campaign screen, where it urgently belongs, it will have done some good before the first vote is cast." ...
... Ken Vogel of Politico: "Sidney Blumenthal, a longtime confidant of Bill and Hillary Clinton, earned about $10,000 a month as a full-time employee of the Clinton Foundation while he was providing unsolicited intelligence on Libya to then Secretary of State Hillary Clinton, according to multiple sources familiar with the arrangement.... A Clinton loyalist who first earned the family's trust as an aggressive combatant in the political battles of the 1990s, Blumenthal continues to work as a paid consultant to two groups supporting Hillary Clinton's 2016 presidential campaign — American Bridge and Media Matters -- both of which are run by David Brock, a close ally of both Clinton and Blumenthal." ...
... Josh Gerstein of Politico: "A federal judge issued an order Wednesday requiring the State Department to make public batches of former Secretary of State Hillary Clinton's emails every 30 days starting next month. U.S. District Court Judge Rudolph Contreras also set particular targets for the agency to meet each month as it wades through the roughly 30,000 emails totaling about 55,000 pages.... The State Department initially proposed releasing the vast majority of the emails in a single batch by next January, but Contreras rejected that suggestion, citing the public interest in the materials."
Beyond the Beltway
Putting Some Heart in the Heartland. Julie Bosman of the New York Times: "Nebraska on Wednesday became the first conservative state in more than 40 years to abolish the death penalty, with lawmakers defying their Republican governor, Pete Ricketts, a staunch supporter of capital punishment who had lobbied vigorously against banning it. After more than two hours of emotional speeches at the Capitol here, the Legislature, by a 30-to-19 vote that cut across party lines, overrode the governor's veto of a bill repealing the state's death penalty law. After the repeal measure passed, by just enough votes to overcome the veto, dozens of spectators in the balcony burst into celebration."
Colin Campbell & Ian Duncan of the Balitmore Sun: "Defense attorneys for six police officers facing criminal charges in the Freddie Gray case are seeking to have the case tried elsewhere in Maryland, saying their clients can't get a 'fair and impartial trial' in Baltimore."
Zach Stafford of the Guardian: "An Illinois judge has released a long-concealed picture that shows two Chicago police officers posing over an unidentified black man in antlers while holding rifles as if he had been hunted. The photo, which was given to police by federal prosecutors in 2013, was made public for the first time on Wednesday by Cook county Judge Thomas Allen. It was taken sometime between 1998 and 2003 at the Harrison police district station on the west side. This station is a mile south of Homan Square, the facility where the Guardian earlier this year identified alleged police misconduct and torture as well as other civil rights violations."
James Nord of the AP: "A South Dakota jury on Wednesday convicted former U.S. Senate candidate Annette Bosworth [R] of election law violations. The 43-year-old Sioux Falls physician had been charged with six counts each of perjury and filing false documents stemming from the mishandling of her candidate petitions. Jurors convicted her on all of those counts...."