Filed under: Conservatives, Health Care, Progressives, Senate | Tags: Bipartisanship, Chuck Grassley, Congress, Democrats, Harry Reid, Health Care, Health Care Reform, Max Baucus, Republicans

Sen. Harry Reid is finally acting like Majority Leader–he’s instructing Senate Finance Chairman Max Baucus to stop futilely chasing Republican votes for health care reform:
Senate Majority Leader Harry Reid (D-Nev.) on Tuesday ordered Finance Chairman Max Baucus (D-Mont.) to drop a proposal to tax health benefits and stop chasing Republican votes on a massive health care reform bill.
Reid, whose leadership is considered crucial if President Barack Obama is to deliver on his promise of enacting health care reform this year, offered the directive to Baucus through an intermediary after consulting with Senate Democratic leaders during Tuesday morning’s regularly scheduled leadership meeting. Baucus was meeting with Finance ranking member Chuck Grassley (R-Iowa) Tuesday afternoon to relay the information.
According to Democratic sources, Reid told Baucus that taxing health benefits and failing to include a strong government-run insurance option of some sort in his bill would cost 10 to 15 Democratic votes; Reid told Baucus it wasn’t worth securing the support of Grassley and at best a few additional Republicans.
[Emphasis mine]
First off, it’s nice to see Reid showing some spine, particularly against conservative Democrats–since the GOP is so weak, they’re really the only ones who can stand in the way of progressive reform.
But this is all part of a greater issue, a recurring problem when it comes to conservative Democrats in Congress–the cult of bipartisanship.
Don’t get me wrong, bipartisanship is a good thing–it’s great to be able to call a particular bill or initiative as ‘bipartisan.’ But bipartisanship should be a means to an end, not an end in and of itself–it should be a way to help you pass a bill, not a condition for passing that bill.
But sometimes, conservative Democrats appear to care more about how many Republicans vote for a bill than for what the bill itself is supposed to accomplish, which is a problem when you can’t drum up Republican votes for a necessary piece of legislation.
Look, the Republican caucus in Congress is very small–the smallest it’s been in decades, smaller than at any other point in my entire lifetime. And because of that–and because most Republican moderates were defeated and replaced with Democrats–the Republicans who are left in Congress are far more conservative and in ideological lockstep than usual.
In other words, getting GOP support for major progressive initiatives like health care reform is going to be difficult, far more difficult than it was just a few years ago.
And, in the end, the American people don’t care about bipartisanship. They want Congress to be effective; they want Congress to solve the significant problems our nation is facing. When it’s all said and done, few people will remember whether or not a major initiative was passed with bipartisan support–but they will remember what that initiative did to help themselves and their families.
Democrats, don’t get caught up in the inside baseball. Bipartisanship is good, but it isn’t necessary; with the current crop of Republicans in Congress, it certainly isn’t expected. Just buckle down and pass legislation; if the GOP isn’t on board, that’s their loss, not yours.
Filed under: 2008 Election, Breaking, Health Care, Progressives, Senate | Tags: Democrats, Congress, Joe Biden, Al Franken, Minnesota, Vice President, Judiciary, Amy Klobuchar, Senate Judiciary Committee, Senate Health Education Labor & Pensions Committee, Walter Mondale
Senator Al Franken (D-MN) was sworn in today as the 60th member of the Senate Democratic caucus.
Watch:
Sen. Franken was accompanied onto the Senate floor by Minnesota’s other Democratic Senator, Amy Klobuchar, as well as former Vice President Walter Mondale, also a Minnesotan.
He will now assume seats on the Senate Judiciary Committee and the Senate Health, Education, Labor & Pensions Committee.
Filed under: Conservatives, Government, Health Care, IOKIYAR, Progressives, Senate | Tags: Chuck Grassley, Congress, Greed, Health Care, Health Care Reform, Hypocrisy, Iowa, Republicans
Republican Senator Chuck Grassley (IA) had a bit of difficulty when asked about health care reform at a recent townhall meeting.
See for yourself:
After sharing his family’s personal struggle with the burden of high health care costs, an audience member asked, “My question is… why is your insurance so much cheaper than my insurance and so better than my insurance?”
The question made Grassley cranky.
He responded, first, by suggesting the questioner “go work for John Deere,” since they “don’t pay anything” for their insurance plan.
When the questioner refused to let the senator wriggle out of answering the question, Grassley revealed how little he knew about his own insurance plan.
Another audience member had to help the senator out by describing the details of the plan. After she finished, the original questioner again asked, “Okay, so how come I can’t have the same thing you have?”
Grassley’s response: “You can. Just go work for the Federal government.”
[Emphasis added]
Well, that’s one way to cover the 45 million uninsured Americans–create 45 million new federal jobs with health benefits and then hire all of them to work for the government.
Of course, it would be quite expensive to pay 45 additional salaries plus health benefits. If only someone had a plan that would provide those 45 million uninsured Americans with health coverage without having to hire them to work for the federal government…
In all seriousness, though, keep in mind that Sen. Grassley and every other Republican in Congress all get publicly-funded health care. So they have no problem accepting public health care for themselves and their families, yet they’ll fight tooth and nail to prevent those same benefits from being extended to all Americans.
The GOP has theirs, so why should they worry about the millions of Americans with no health insurance or not enough health insurance? While the Democrats try to reform health care, the GOP is content to sit back and yell ‘let them eat cake!’
No wonder these guys are the minority…
Filed under: Conservatives, Economics, Government, Health Care, Progressives, Right-Wing Noise Machine, Senate | Tags: Budget, CBO, Chris Dodd, Congress, Congressional Budget Office, Edward Kennedy, Health Care, Health Care Reform, Senate Health Education Labor & Pensions Committee

Previously, the Congressional Budget Office released an analysis supposedly examining the Democratic health care reform proposal. Their conclusions found the proposal would cost nearly $1 trillion and still leave millions of Americans uncovered.
But, as it turns out, the CBO’s analysis was flawed–it was based not on what the Democrats were proposing but on old, outdated information. Conservatives, of course, jumped all over the CBO’s flawed analysis as proof that health care reform with a public option was untenable.
Well, the CBO just released an updated analysis–based on the plan Democrats are actually proposing–and guess what they found:
The plan carries a 10-year price tag of slightly over $600 billion, and would lead toward an estimated 97 percent of all Americans having coverage, according to the Congressional Budget Office, Sens. Edward M. Kennedy and Chris Dodd said in a letter to other members of the Senate Health, Education, Labor and Pensions Committee. The AP obtained a copy.
[...]
The letter indicated the cost and coverage improvements resulted from two changes. The first calls for a government-run health insurance option to compete with private coverage plans, an option that has drawn intense opposition from Republicans.
[...]
Additionally, the revised proposal calls for a $750 annual fee on employers for each full-time worker not offered coverage through their job. The fee would be set at $375 for part-time workers. Companies with fewer than 25 employees would be exempt. The fee was forecast to generate $52 billion over 10 years, money the government would use to help provide subsidies to those who cannot afford insurance.
The same provision is also estimated to greatly reduce the number of workers whose employers would drop coverage, thus addressing a major concern noted by CBO when it reviewed the earlier proposals.
[...]
In their letter, Kennedy and Dodd said the Congressional Budget Office “has carefully reviewed our complete bill, and we are pleased to report that CBO has scored it at $611.4 billion over 10 years, with the new coverage provisions scored at $597 billion. …The completed bill virtually eliminates the dropping of currently covered employees from employer-sponsored health plans.
[Emphasis mine]
The crux of Republican opposition to health care reform are that it would cost huge amounts of money and it would (allegedly) drive private insurance out of business by causing a large amount of employers to dump their employees onto the public option.
But this new CBO analysis shows that both of those talking points are untrue. The GOP now has no solid ground upon which to oppose health care reform beyond simple, craven, conservative obstruction.
In fact, the cost of health care reform is so low that we can already pay for it out of the funds allotted in Obama’s budget:
President Barack Obama’s first budget will seek $634 billion over 10 years as a down payment on health care reform, a senior administration official said Wednesday.
Down payment? The Democratic health care reform proposal is so good that the down payment is going to be the only payment.
Of course, Republicans will still obstruct the plan. But with 60 Democrats in the Senate, the GOP will no longer be able to stand in the way of sensible, necessary health care reform.
Filed under: 2010 Election, Breaking, House, Polls, Progressives, Senate | Tags: 2010, Carolyn Maloney, House, Kirsten Gillibrand, New York, Primaries, Senate

Even more big primary news today–NY Rep. Carolyn Maloney will mount a primary challenge against Sen. Kirsten Gillibrand, who was appointed by the very unpopular Governor Paterson to replace Hillary Clinton:
An adviser to Rep. Carolyn Maloney (D-N.Y.) confirmed Wednesday that the congresswoman will enter the state’s Senate primary against appointed Sen. Kirsten Gillibrand (D-N.Y.).
Paul Blank, who works with Democratic consultant Joe Trippi’s firm, said Maloney is officially in the race. Blank is set to serve as a top adviser for her Senate campaign.
“Congresswoman Maloney has made her decision,” Blank said. “She believes times are too tough and our challenges too important for politics as usual.
He added: “Congresswoman Maloney is putting together a campaign team and will make her announcement in two weeks.”
[...]
It might not matter, though, as the GOP doesn’t appear close to landing a big-name candidate. Rep. Pete King (R-N.Y.) said in recent days that he is leaning against running now that he has landed a spot on the House Intelligence Committee. Former Gov. George Pataki (R) is also weighing a run but is not expected to make a bid. A new Marist poll, coincidentally released Wednesday, showed Maloney leading Gillibrand within the margin of error, 38-37. Gillibrand is still unknown to about one-third of voters.
[Emphasis mine]
Maloney’s strength isn’t surprising–she was widely rumored to be eying a Senate run in 2000 before Clinton stepped in, and the district she represents is more populous than Gillibrand’s upstate district was; she has also been serving in Congress since 1993 (as opposed to Gillibrand, who took her seat in 2007).
I don’t have strong opinions on either Gillibrand or Maloney, but considering the GOP’s recruiting failure I don’t see how a primary will hurt–putting pressure on our elected officials to represent their people better is never a bad thing.
Filed under: 2010 Election, Breaking, Conservatives, House, Progressives, Senate | Tags: 2010, Arlen Specter, Congress, Democrats, Joe Sestak, Pat Toomey, Pennsylvania, Primaries, Republicans

Congressman Joe Sestak has decided that he will mount a primary challenge against newly-minted Democratic Senator Arlen Specter:
Wayne County, Pa. – A congressman from the Philadelphia suburbs will challenge U.S. Sen. Arlen Specter in the Democratic Senate primary.
In an interview with The Wayne Independent Wednesday morning, U.S. Rep. Joe Sestak, D-Pa.,confirmed his intention to run against Specter, a long-time Republican who switched to the Democratic party earlier this year.
“I am going to get into the race against Arlen Specter … for senator,” said Sestak in his first media interview as part of a three-week tour through all of the Commonwealth’s 67 counties.
[Emphasis mine]
I’m glad to see Sestak enter the race against Specter, because no matter who emerges victorious from the Democratic primary we will be in better shape for it.
Honestly, I’m no fan of Arlen Specter–I would rather have an actual Democrat like Joe Sestak in that seat than someone who only became a Democrat to save his otherwise-doomed career.
Plus–as we learned when Pat Toomey was mounting a challenge against Republican Senator Specter–Arlen Specter is highly susceptible to partisan pressure. It’s likely that–if he believes Sestak has a shot at beating him–he’s going to start towing the Democratic line more often in order to ensure he wins the primary.
In other words, no matter who wins, we all win–either we end up with a more progressive Democratic candidate or we pressure Specter into being a more progressive Democratic candidate.
So I say welcome to the race, Congressman Sestak.
Filed under: 2008 Election, Breaking, Conservatives, Governors, Polls, Progressives, Senate | Tags: 2008, Al Franken, Democrats, Judiciary, Minnesota, Minnesota Supreme Court, Norm Coleman, Republicans, Tim Pawlenty
It’s been nearly 8 months since Election Day.
It’s been more than 6 months since Inauguration Day.
And, finally, Minnesota’s outstanding Senate race has been decided.
Minnesota’s Supreme Court has affirmed [PDF] that Al Franken is the duly-elected junior Senator from Minnesota, having garnered more votes than former Senator Norm Coleman.
Of course, Franken still needs a certificate of election signed by his state’s governor, Republican Tim Pawlenty. But Pawlenty said that he would abide by the Supreme Court’s decision:
Minnesota law does not allow the governor to sign an election certificate until the state court process is complete. And when it is, and they direct me to sign the certificate, I’m going to sign it. There’s not going to be any undue delay or the like. But I’m going to follow the direction of the courts in that regard and we’re going to be having a decision here in the coming weeks … I have to follow the law. If the Minnesota Supreme Court says, “You sign the certificate” — and there’s not an appeal or some other contrary direction from a federal court — you know, that’s my duty. I can’t just ignore that or say I don’t feel like following a directive from the Minnesota Supreme Court. That would not be the responsible thing to do.
[Emphasis mine]
There’s a chance that Coleman could appeal this decision to the federal judiciary, which may give Pawlenty room to once again put off signing a certificate.
But the Minnesota Supreme Court should be the final say in this case, and they have resoundingly affirmed that Al Franken is the junior Senator from Minnesota.
UPDATE: I should note that the decision was unanimous–the court ruled 5-0 in Franken’s favor.
Here’s the key part of the ruling:
For all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota.
UPDATE II: Norm Coleman just conceded; congratulations to Senator Al Franken!
Filed under: Conservatives, Government, Polls, Progressives, Race, Right-Wing Noise Machine, Senate | Tags: Congress, Democrats, Fail, Florida, Hispanics, Judge Sotomayor, Judiciary, Lindsey Graham, Mel Martinez, Numbers, Republicans, South Carolina
Turning back to domestic politics for a bit, the GOP is failing to reap political benefits from opposing Judge Sotomayor’s nomination to the Supreme Court:
Nearly a month after President Barack Obama picked her for the Supreme Court, Republican senators say Sonia Sotomayor isn’t serving as the political lightning rod some in their party had hoped she would be.
“She doesn’t have the punch out there in terms of fundraising and recruiting, I think — at least so far,” said Sen. John Thune (R-S.D.), who most likely will be elected as the No. 4 Republican in Senate leadership this week.
[...]
“Right now, you don’t have the fever pitch you did over the filibuster,” said [Sen. Lindsey]Graham, a member of the Judiciary Committee. “It depends on how she does [at the hearings]. If she performs well, no. If she performs poorly, potentially, yes.”
“I don’t think she’s the kind of person that invites that kind of reaction,” said Sen. Mel Martinez (R-Fla.) of the possibility of making major political gains over Sotomayor’s nomination. “I don’t think her judicial record warrants the ability to do that with her.”
Who could have imagined that an experienced, talented, highly-accomplished judge with a history of moderate, sensible decisions would turn out to be completely uncontroversial?
The GOP bungled this from the start. They only had two options–filibuster or let Sotomayor slide. It would have been extremely hard for them to filibuster; in fact, it’s likely Sotomayor will be confirmed by a wide margin.
Therefore, conservatives would have been smart just to let Obama have his nominee and avoid a political battle. Plus, going along with him on this one would have helped dispel the perception that the GOP is made up of kneejerk obstructionists; sometimes, a little bipartisanship can go a long way.
Instead, conservatives attacked Judge Sotomayor from the start, desperately grasping at one ineffective attack after the next, clearly lacking any semblance of a strategy. Now conservatives are being forced to eat their words as the likelihood of Judge Sotomayor’s confirmation looms.
It looks like Republicans have become completely politically tone-deaf. They obstruct for the sake of obstructing without giving a single thought to whether or not they can succeed; they waste political capital on battles they can never hope to win, and then pat themselves on the back for their self-defeating and ultimately pointless opposition. Once again, the GOP has failed to deliver; no wonder people are abandoning their party in droves.
UPDATE: Hispanics, especially, are abandoning the GOP in droves:
The latest numbers from the nonpartisan Research 2000 for Daily Kos find that only eight percent of Latinos view the [GOP] favorably, while an astonishing 86 percent view it unfavorably.
That’s a real shift from what were already pretty bad numbers from before the Sotomayor nominatino, when 11% of Latinos viewed the GOP favorably, and 79% viewed it unfavorably.
One of the big stories today is that Republicans are realizing that there’s no political percentage in fighting the Sotomayor nomination. It’s striking that Latino opinion about the GOP is dropping so fast, even at a moment when GOP opposition to Sotomayor appears to be flagging, as opposed to intensifying.
This continuing drop among Latinos, coming at a time when many party strategists recognize the party’s desperate need to broaden its appeal, only reminds us that not only are there few apparent upsides in opposing Sotomayor, there are potentially serious costs, too.
[Emphasis mine]
Filed under: 2009 Election, 2010 Election, Conservatives, Governors, Polls, Progressives | Tags: 2005, 2009, Attorney General, Bob McDonnell, Brian Moran, Creigh Deeds, Democrats, Republicans, Terry McAuliffe, VA-GOV, Virginia

With 60% of precincts reporting, Creigh Deeds (50%) leads Terry McAuliffe (26%) and Brian Moran (24%) in VA’s Democratic gubernatorial primary. That’s a pretty insurmountable lead, even with 40% of precincts outstanding; at the risk of being premature, I’m going to call this one for Deeds (who, in the interest of full disclosure, I voted for).
Deeds had a late surge in the polls to become the strong front-runner. Even though a lot of people had started to consider Deeds an also-ran due to his dismal early polling, primary elections are volatile and Deeds ended up emerging as the safest choice.
McAuliffe had a lot of money and connections but no electoral experience, and his checkered past as head of the DNC and Hillary Clinton campaign flack was a major strike against him. Brian Moran portrayed himself as the progressive alternative to McAuliffe’s establishmentarian record, but Moran’s newfound progressiveness always rang somewhat hollow. And all of the sniping between presumed front-runners McAuliffe and Moran left Deeds virtually unblemished.
Deeds was the safest choice, being the only candidate in the race who had run for statewide office before. In fact, he ran against the GOP’s gubernatorial candidate, Bob McDonnell, for Attorney General; Deeds lost by only several hundred votes, the smallest margin in VA history.
A Deeds-McDonnell rematch is both poetic justice and welcome news, since VA is certainly more progressive-friendly than it was in 2005. As The Washington Post said, Creigh Deeds will be a Governor in the successful Warner-Kaine tradition.
UPDATE: File this under things I’ve never seen before–a Twitter concession from Brian Moran:

And make sure to stop on by and show your support for newly-minted Democratic gubernatorial candidate Creigh Deeds.
Filed under: Conservatives, Government, Progressives, Race, Right-Wing Noise Machine, Rights | Tags: Constitution, Democrats, Judge Sotomayor, Judiciary, Pappas v Giuliani, Racism, Republicans, Sonia Sotomayor
One of the prevalent anti-Sotomayor talking points on the right is that Judge Sotomayor uses race–not the letter of the law–to decide certain cases. This is the basis of the right’s ‘racism’ and ‘racialist’ attacks on Sotomayor–the assumption that she substitutes her background for the rule of law.
Of course, there is no evidence whatsoever that Judge Sotomayor actually does that. Conservatives will point to the Ricci case, where Judge Sotomayor–along with two other justices–agreed with a lower court ruling that the city of New Haven could throw out an aptitude test for promoting firefighters on the grounds that the test they were used was racially biased. But their decision was hardly controversial–they upheld a lower court’s decision that the city of New Haven could correct systematic racial bias.
A more revealing case to look at here is Judge Sotomayor’s dissent in Pappas v. Giuliani. Thomas Pappas was fired from the NYPD when they discovered he was sending racist and anti-Semitic literature through the mail while off-duty. Sotomayor’s colleagues upheld the firing, claiming that Pappas’ racist speech was of public concern and, therefore, interfered with the operations of the NYPD.
But Judge Sotomayor dissented, claiming that the NYPD infringed on Pappas’ freedom of speech by firing him for what he did while off-duty. That’s right–Judge Sonia Sotomayor sided with a white racist on 1st amendment grounds, which hardly sounds like the actions of a ‘racislist’ judge to me.
Of course, we all know that the right’s talking points aren’t grounded in reality. But Pappas v. Giuliani blows a huge hole in conservatives’ attempts to portray Judge Sotomayor as some kind of racist radical or Latino supremecist. Judge Sotomayor is a fair-minded justice who puts the law ahead of everything else. In one case, she sided with a group of minorities; in another, she sided with a white racist. To me, that’s a pattern not of racialism, but of respect for the rule of law.
Filed under: Breaking, Governors, Progressives, Rights | Tags: Connecticut, Democrats, Gay Marriage, Iowa, John Lynch, LGBT, Maine, Massachusetts, New Hampshire, Vermont
New Hampshire Governor John Lynch signed legislation today that will legalize same-sex marriage in that state, making NH the sixth state (after CT, ME, VT, MA, and IA) to legalize same-sex marriage:
Lynch, a Democrat, had promised a veto if the law didn’t clearly spell out that churches and religious groups would not be forced to officiate at gay marriages or provide other services. Legislators made the changes.
“Today, we are standing up for the liberties of same-sex couples by making clear that they will receive the same rights, responsibilities–and respect–under New Hampshire law,” Lynch said.
[...]
Lynch said it is now time for the federal government to extend full equal rights to same-sex couples.
This means that every state in New England–save for Rhode Island–now recognizes the right of same-sex couples to marry.
Toward a more perfect union…
Filed under: Breaking, Conservatives, Government, House, Progressives, Race, Right-Wing Noise Machine | Tags: Congress, Fail, Judiciary, Newt Gingrich, Racism, Republicans, Sonia Sotomayor
Newt Gingrich is walking back his smear of Judge Sotomayor as ‘racist’:
My initial reaction was strong and direct — perhaps too strong and too direct. The sentiment struck me as racist and I said so. Since then, some who want to have an open and honest consideration of Judge Sotomayor’s fitness to serve on the nation’s highest court have been critical of my word choice.
With these critics who want to have an honest conversation, I agree. The word “racist” should not have been applied to Judge Sotomayor as a person, even if her words themselves are unacceptable (a fact which both President Obama and his Press Secretary, Robert Gibbs, have since admitted).
[Emphasis mine]
Hear that, Republicans? It’s the sound of your opposition campaign against Judge Sotomayor imploding.
Filed under: Conservatives, Government, Media, Progressives, Right-Wing Noise Machine | Tags: Congress, Democrats, Epic Fail, Judiciary, Republicans, SCOTUS, Sonia Sotomayor, Surrender
It looks like that, in the wake of Judge Sotomayor’s accomplished academic and judicial records, her abundance of experience, moderate stances and bipartisan history, the GOP is giving up the fight against her nomination to the Supreme Court:
Top Senate Republican strategists tell POLITICO that, barring unknown facts about Judge Sonia Sotomayor, the GOP plans no scorched-earth opposition to her confirmation as a Supreme Court justice.
More than 24 hours after the White House unveiling, no senator has come out in opposition to Sotomayor’s confirmation.
“The sentiment is overwhelming that the Senate should do due diligence but should not make a mountain out of a molehill,” said a top Senate Republican aide. “If there’s no ‘there’ there, we shouldn’t try to create one.”
[...]
However, senators on both sides said they are confident that unless the process takes some startling turn, Sotomayor will be confirmed in plenty of time for the court’s opening on the fabled first Monday in October.
[...]
Republicans’ only hope of derailing Sotomayor would be a filibuster — a move countless Republicans have opposed in the context of judicial nominees. And even if they took that route, they are virtually certain to lose badly.
Republicans have 40 votes in the Senate — and it’s hard to imagine someone like Sen. Olympia Snowe (R-Maine) or anyone from a state with big Hispanic population blocking the judge.
[Emphasis mine]
The GOP would have very little power to block Sotomayor even if they had some kind of solid ground upon which to oppose her.
If out-of-context quotes are garbage made-up statistics about ‘reversal rates’ are the most conservatives can lob against a 17-year veteran of the federal bench, then Judge Sotomayor has nothing to worry about.
Filed under: Conservatives, Government, Progressives, Race, Right-Wing Noise Machine, Rights | Tags: Courts, Democrats, Judiciary, Racism, Republicans, Sandra Day O'Connor, SCOTUS, Sexism, Sonia Sotomayor, Supreme Court
Let’s debunk some right-wing talking points on Judge Sonia Sotomayor, shall we?
Judge Sotomayor said that the appeals courts make policy! That proves she’s an activist judge!
While it’s true that Judge Sotomayor said:
All of the legal defense funds out there, they are looking for people with court of appeals experience because the court of appeals is where policy is made
She did follow that up with:
I’m not promoting it. I’m not advocating it.
“She’s not wrong,” said Jeffrey Segal, a professor of law at Stony Brook University. “Of course they make policy… You can, on one hand, say Congress makes the law and the court interprets it. But on the other hand the law is not always clear. And in clarifying those laws, the courts make policy.”
[...]
Eric Freedman, a law professor at Hofstra University, was equally dismissive of this emerging conservative talking point. “She was saying something which is the absolute judicial equivalent of saying the sun rises each morning. It is not a controversial proposition at all that the overwhelming quantity of law making work in the federal system is done by the court of appeals… It is thoroughly uncontroversial to anyone other than a determined demagogue.”
[Emphasis mine]
Sotomayor said that Latina judges are better than white male judges! That’s racist!
It’s true that Judge Sotomayor said:
I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.
Actually, the full sentence is:
Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.
Looks like we’re missing some context here; keep in mind that Judge Sotomayor was discussing race and sex discrimination cases when she made these remarks:
Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice [Sandra Day] O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O’Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.
Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I, like Professor Carter, believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable. As Judge Cedarbaum pointed out to me, nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown.
[Emphasis mine]
Sounds a lot less controversial when you put everything in context, huh?
Many of Sotomayor’s rulings have been overturned upon appeal, which proves that she’s an inferior judge.
Actually, Judge Sotomayor’s record on reversals is far above average:
Over each of the last several terms, the [Supreme Court] has reversed 75% of the cases that have come before it.
[...]
Sotomayor’s decisions were upheld far more frequently than the norm. Apparently, out of the 380-odd opinions she penned while on the Second Circuit, the Supreme Court granted cert on just six. And of those six, Sotomayor was reversed on only three. That’s a .500 batting average
[Emphasis mine]
So while the Supreme Court reverses 75% of the rulings they review, they have reversed only 50% of Sotomayor’s rulings they reviewed.
Filed under: Conservatives, Government, International, Iraq, Progressives, Right-Wing Noise Machine, Scandal, Terrorism | Tags: Central Intelligence Agency, CIA, Democrats, Incompetence, Intelligence, Iraq, John Boehner, Nancy Pelosi, Republicans, Speaker Pelosi, Torture
So DC is consumed with trying to figure out what House Speaker Nancy Pelosi knew about torture and when.
Strange, since I thought that the people who committed crimes were more important than the people who heard about them.
Still, what led to this media-created firestorm? First, some Congressional Democrats–Pelosi included–discussed launching a truth commission to determine who was responsible for the authorization/implementation of torture.
Second, the CIA released several documents showing that Pelosi and other Congressional Democrats were briefed on “enhanced interrogation techniques” in 2002. There was no indication which techniques were described, nor was there indication of whether Congress was told those techniques were purely hypothetical or being implemented.
Nonetheless, Republicans jumped on the documents of proof that Speaker Pelosi knew about waterboarding in 2002 and was therefore somewhat culpable in the torture coverup. But that conclusion isn’t borne out by the evidence–it makes assumptions about what was in those briefings that aren’t grounded in reality.
The CIA alleged that Congress was told exactly what they were doing; Pelosi contradicted them and said the CIA was misleading the public, just like they had mislead Congress in 2002. Since there are no solid records of what the CIA told Congress–since these were classified intelligence briefings–we don’t know who is telling the truth.
Conservatives are taking the CIA’s side because it’s politically advantageous to them, but it’s not very sensible. It’s hardly as if the CIA is an objective, unbiased player in all this–doesn’t it serve the CIA’s interest to divert attention away from the implementation of torture and onto a political sideshow? I mean, if there was a comprehensive investigation into torture, wouldn’t it put the entire CIA under a microscope? They have a vested interest in clouding up the investigation with political posturing and conflict, since it saves them from having to confront–and be held responsible for–their role in torture.
Plus, the CIA is pulling together records of these briefings from whatever they have lying around from 2002. Remember, the CIA circa 2002 wasn’t a bastion of competence and credibility; that was about the same time they were gathering the faulty intelligence that led to the Iraq War. As much as John Boehner may cry about the poor maligned “intelligence professionals” I don’t think you can give them the benefit of the doubt.
This story is only a few days old and we’re already seeing evidence that the CIA’s recollection of events isn’t accurate. Take this, for instance:
Almost every briefing described in the document — including the September 2002 Pelosi briefing that’s directly at issue — refers to “EITs,” or enhanced interrogation techniques, as a subject that was discussed. But according to a former intelligence professional who has participated in such briefings, that term wasn’t used until at least 2006.
That’s not just an issue of semantics. The former intel professional said that by using the term in the recently compiled document, the CIA was being “disingenuous,” trying to make it appear that the use of such techniques was part of a “formal and mechanical program.” In fact, said the former intel pro, it wasn’t until 2006 that — amid growing concerns about the program among some in the Bush administration — the EIT program was formalized, and the “enhanced interrogation techniques” were properly defined and given a name.
And this:
Rep. David Obey has sent a letter to [CIA Director Leon] Panetta complaining that a staffer identified in the documents as being briefed was in fact denied access to the briefing.
And this:
Rep. Jan Schakowsky, who chairs the oversight subcommittee of the House intelligence committee, told MSNBC’s Ed Schultz (h/t Democratic Underground):
On our subcommittee we are beginning an inquiry into a situation … initiated by the ranking minority member to look at a situation where the CIA did mislead the Congress … a documented issue of the CIA misleading the Congress.
A Schakowsky spokesman told TPMmuckraker that she was referring to the findings of a CIA inspector general report, portions of which were released last fall, which concluded that the agency had withheld crucial information from Congress and DOJ investigators who were probing whether CIA personnel committed crimes relating to the shooting of a missionary plane in Peru in 2001.
[Emphasis added]
And:
April 2002 (two briefings), September 2002: When Bob Graham first asked the CIA when they had briefed him on torture, they gave him a list of four dates, two in April 2002, and two in September 2002. However, when Graham reviewed his famously detailed notes, he discovered he had not attended any briefing on three of those dates (both April dates and one September date). The CIA conceded he was correct on the issue.
[...]
February 4, 2003: The CIA claims that, along with Pat Roberts and two staffers, it briefed John Rockefeller on EITs “in considerable detail” including “how the water board was used.” Rockefeller says, however, that he “was not present and was not later briefed individually by anyone in the intelligence community.”
And finally, from the CIA themselves:
As the agency has pointed out more than once, its list — compiled in response to congressional requests — reflects the records it has. These are notes, memos, and recollections, not transcripts and recordings.
[Emphasis mine]
In short, the CIA hasn’t proven themselves trustworthy in the past and they don’t appear to be very trustworthy on this particular issue.
Let me be clear: this entire issue is nothing more than a political witchhunt. The CIA is doing classic CYA, trying to keep their complicity in the torture debacle from becoming public. The GOP is piggybcking on the CIA’s CYA in order to attack Speaker Pelosi and Congressional Democrats.
They want to drive a wedge between Pelosi and the anti-torture left by trying to mixing Pelosi up into the Bush administration’s torture program, hoping she’ll be forced to justify at least some of it.
They want to throw enough dirt on Pelosi to keep her from launching a truth commission, in case she ends up implicated.
And most of all, they want a scalp. They want to destroy Pelosi’s career, make that the opening salvo in their much dreamed-of political comeback. All the GOP knows to do anymore is drum up a scandal and ride it to political success; it looks like they’re hoping like that particular chapter of their playbook still works.
Let’s not take our eye off the ball. The Bush administration authorized and implemented torture. They broke the law; they need to be held accountable. Whoever may have been told what when isn’t important; who actually justified torture and made it happen is. Don’t let the real criminals get away; don’t let them divert your attention onto trivial political distractions.
Filed under: Conservatives, Government, Progressives, Right-Wing Noise Machine, Scandal, Terrorism | Tags: CIA, Congress, Democrats, George W. Bush, Nancy Pelosi, Republicans, Shame, Spin, Torture
Recently, CIA released memos indicating that Nancy Pelosi, now Speaker of the House, was briefed on “enhanced interrogation techniques” in 2002.
What those memos don’t indicate is which particular “enhanced interrogation techniques” Pelosi was told about, or whether waterboarding was among them. Those memos also don’t indicate whether those techniques were described as something that American forces were using/planning to use, or whether they were described to Pelosi and other members of Congress as purely hypothetical.
Right now, it’s a he-said she-said conflict between the CIA and Pelosi, and who you give more credibility to depends on where you fall politically.
Regardless, Republicans are pretending that, since Pelosi was briefed in some capacity about hypothetical “enhanced interrogation techniques” that neither she nor any other Democrat has any standing left to criticize the Bush administration or Republicans for the use of torture.
Even if you assume that members of Congress had some idea of what techniques were being implemented, this is still a false equivalence. Apples and oranges. Because there is a huge difference between people who justified and implemented torture and people who were simply told about it.
This is the standard GOP technique when they’re caught in some kind of scandal: claim the Democrats are also culpable in order to diffuse the eventual fallout.
Republicans want to shut down the torture debate because they know that it’s going to end poorly for them. A lot of politicos with vested interests in seeing the investigation end before it even begins are out there making these false equivalencies are trying to poison the well.
UPDATE: And here’s the right’s new talking point: they’re claiming that the government has documents proving definitively that torture works, but the Obama administration is refusing to declassify them in order to make the GOP look bad.
I don’t know whether such documents exist or not, but something tells me they don’t–or, at least, they don’t say what Cheney & co. are claiming they do.
Remember, the Bush administration were masters of the strategic leak, declassifying memos or leaking information at opportune moments in order to provide political cover. If they had smoking gun documents that proved torture worked, why didn’t they declassify them when they still had the power to? Even if they waited until Bush’s very last day in office, if those documents didn’t contain information that needed to be kept top secret, why didn’t they release them to the public and vindicate themselves once and for all?
And here’s the thing–even if those documents don’t exist, it doesn’t matter for Cheney and the Republicans; they can continue to claim they do in order to portray the Obama administration as acting in bad faith. The administration can’t prove that nonexistent documents don’t exist, so the Republicans can simply spin any claims that those documents aren’t there as attempts to keep those documents covered up.
I don’t think the GOP is hoping to prove that torture worked; I think they’re simply trying to taint whatever investigation may be launched. Their claims about secret smoking gun documents dovetail nicely with their allegations that Pelosi knew something and their calls for a “full investigation”; conservatives are trying to taint any investigation into torture as inherently politically-biased.
Filed under: Breaking, Government, Governors, Progressives | Tags: Connecticut, Democrats, Gay Marriage, Iowa, John Baldacci, Maine, Massachusetts, Same-Sex Marriage, Vermont
Maine Governor John Baldacci (D) just signed a bill into law that will legalize same-sex marriage in the Pine Tree State.
This makes Maine the fifth state to legalize same-sex marriage (after IA, CT, MA and VT) overall and the second state (after VT) to do it via legislation instead of a court decision.








