Tag Archives: Citizens United

Point of View Columns

The Check is in the Mail

There just may be some truth to the rumor that Debbie Wasserman Schultz, the chair of the Democratic National Committee, has offered to pay CNN and Fox News to continue to broadcast Republican debates. While there is no truth to the rumor that her offers have been accepted, the rest of us can only hope that the Teapublican Show of Shows is renewed for the fall season.

Thanks to the Citizens United Supreme Court decision, any billionaire can decide that virtually anyone with a pulse can be President of the United States. That may be the only way to explain the candidacies of Scott Walker and Bobby Jindal, to name just a few of the members of the right wing of the right wing food fight disguised as a presidential campaign. But during brief moments of lucidity and clarity of thought the leadership of the Republican National Committee just has to be wondering if providing a national stage for every lost cousin and wild and crazy uncle in the Teapublican family is such a great idea.

Consider a thumbnail sketch of the leading candidates out of the fifteen remaining from the Spectacular Seventeen that greeted us a little over a month ago, keeping in mind that every single one of them (except John Kasich and George Pataki, propose to deny over 20 million American men, women and children healthcare on “Day One”, by repealing the Affordable Care Act:

• Donald Trump – What else can be said about the Orange Haired Wonder. While it is dangerous to dismiss the Donald, it is important to note that if you distill his message, he intends to govern by bombast, bullying and insult. This might work in the world of real estate, but it certainly won’t work in domestic politics or in foreign policy.
• Carly Fiorina – Her narrative of going from a secretary to a CEO neglects to mention that her father was a federal court judge and then dean of Duke Law School and that her degrees from Stanford, the University of Maryland and MIT might have something to do with her success. And, by the way, the secretary narrative? She worked as a Kelly Girl during her summers in school. Her personal fan dance notwithstanding, her plan to “not speak to Putin” and to “tell the Supreme Leader of Iran” what he must do is so implausible that it would be funny, except that it is not.
• Ted Cruz – He sees no problem shutting down the federal government and says that the Supreme Court acts in an “unconstitutional” manner when it issues decisions with which he does not agree.
• Mike Huckabee – He joins the Teapublican attack on the Supreme Court in the process ignoring the Constitution and over 2 centuries of case law. And he seriously wants to be President of the United States.
• Chris Christie – New Jersey has one of the worst economies of the fifty states. And then there is this pesky corruption investigation by the U.S. attorney, an investigation involving a number of his very senior appointees. And then, he wants us to believe that bullying is useful as a governance model.
• Jeb Bush – First, he is Jeb BUSH. Second, his record as governor of Florida, beginning with his presiding over the first theft of an American presidential election, is not a stunning calling card. And then again, does the RNC really want to pin its hopes for winning the White House on another BUSH considering the impossible mess created by the last BUSH?
• Ben Carson – His avuncular delivery of stunning madness and malice – denying the science behind climate change and comparing Obamacare to slavery (!!!!!!!) – proves that brain surgeons may not be the standard for brilliance in modern society that we might have thought was the case.

Of course the list goes on, and it is interesting that John Kasich, governor of Ohio, usually comes across as the only sane adult in the Teapublican echo chamber. And it is interesting that virtually nobody gives John Kasich a chance of winning the Republican nomination – right along with George Pataki (another sane adult), and Bobby Jindal (not so sane and not so adult).

It may be that there is a bizarro world scenario in which one of the highlighted candidates could win (there is a winning scenario for Kasich and Pataki, for example, but……….well, you know). Nevertheless, the RNC treats us to daily doses of Lindsey Graham wanting to wage more war and Marco Rubio fighting the Cold War twenty years too late, along with eliminating healthcare coverage for over 20 million Americans, and somehow that is supposed to be a winning strategy.

And that is why Ms. Wasserman Schultz is writing out checks to CNN, Fox News, MSNBC and any other media outlet that will give the RNC candidates a platform. To the executives of these networks – the check is in the mail.

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Point of View Columns

Beware of the Black Robes

When the Portuguese Jesuits came to Japan in the 1600’s they were referred to as the “Black Robes” and were viewed with justifiable suspicion and concern by the Japanese. In the 19th and 20th centuries, men in white robes were viewed with suspicion and downright terror by black Americans in the South. Now it appears that all Americans should beware of certain men who are wearing black robes in the Supreme Court of the United States.

It seems that over the past several years the Robertson/Scalia/Alito/Thomas cabal on the Supreme Court has alternately shocked, stunned and outraged Americans possessed of a true sense of justice with its stubborn, steel-booted right wing agenda. Cloaking its ambition to turn back the clock to some mythical time in America, the SCOTUS Cabal has intentionally inverted, perverted and conveniently misinterpreted not only the stated goals of the framers of the Constitution but also the original purpose of the Constitution.

The SCOTUS Cabal simply ignores the fact that the Constitution was written in the 18th century – a time when women could not even dream of voting or owning property, black people were property and virtually everyone at the Constitutional Convention was a financially comfortable white man, many of whom were slaveholders. The SCOTUS Cabal also chooses to select facts about the Constitution to suit its right wing goals and therefore ignores the inherent flexibility that was built into the Constitution to allow it to change with the times through amendments and judicial interpretation.

It is only because of its flexibility and adaptability that the Constitution of the United States has been able to remain the governance document of this country for over two centuries. To think that a few landholding, slaveholding white men living on a portion of a sliver of the Eastern Coast of North America in the 1700’s could have envisioned modern America – with its sheer size, diversity, technology and place in the world that simply did not exist in 1787 is beyond absurd.

The framers of the Constitution committed clear and documented original sins in the creation of the Constitution. Chief among them were the legalization of slavery and the refusal to grant full citizenship to black people and white women. Nevertheless, these flawed men did have the presence of mind and foresight to realize that a national governance document that was sustainable would have to be flexible and adaptable to the times.

When the Robertson/Scalia/Alito/Thomas cabal treats the Constitution like the Ten Commandments, arguing that every word is virtually a divine command written in stone from the 18th century, they are fully aware that they are using the Constitution to shield their real goal. And that goal is nothing less than the transformation of the United States into a right wing republic.

And that is why over these past few years we have seen the SCOTUS cabal empower voter suppression by eviscerating the Voting Rights Act. It has empowered the wealthy in subverting the voting process in the recent Citizens United and McCullough decisions and has now placed this country on the slippery slope towards a Christian theocracy by allowing explicitly Christian prayers in town hall meetings.

Much of what the SCOTUS cabal does is cloaked and soaked in legal verbiage and obscure references. But when the Supreme Court lawn is mowed and the rhetorical weeds are removed, it is clear that the SCOTUS cabal – these men in black robes, are to be feared, perhaps more than the Japanese feared the Jesuits or black Americans feared the Klan.

They are that dangerous.

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Point of View Columns

Their Freedom Not Yours

While many of us were anxiously awaiting the news about the lost Malaysian Airlines jet and others were watching the NCAA basketball tournaments (Men and Women), the United Supreme Court has agreed to hear a case that has incredible ramifications regarding the definition of religious freedom. A number of corporations are plaintiffs in a case claiming that their religious freedom is being violated because they cannot impose their religious beliefs on their employees.

Mitt Romney is on record as saying that corporations are people. The Supreme Court in the infamous Citizens United case has ruled that corporations have First Amendment rights and can therefore hurl untold gobbets of cash into the political fray. Clearly this mindset has emboldened the plutocrats and billionaire Masters of the Universe who believe that their wealth translates into moral superiority in all matters.

The toxic combination of the entitled one percent united with religious zealots who believe that their personal understanding of spirituality should dominate has produced an alternate universe where religious freedom means religious oppression and domination. In this bizarre logical inversion the Supreme Court is being asked to affirm religious freedom at the expense of the religious rights of others.

The current case before the Supreme Court is based upon the contention of corporations that the Affordable Care Act, which requires that private sector employers must provide contraception and related services to their employees. The plaintiffs contend that being required to do so will offend and violate their religious principles. Seriously.

The problem with this case is that it is a classical slippery slope. If employers have religious beliefs that are not consistent with contraception and are entitled to deny such services to their employees, there is a long of line of alternative believers who also will need to be heard. There are religious adherents who oppose blood transfusions, vaccinations and, in some instances, any traditional medical care whatsoever.

People are entitled to adhere to those beliefs but it is unconscionable to suggest that these beliefs should be imposed on people simply because they are employees. Indeed, if a condition of employment means submitting to the religious beliefs of the employer, we are about to witness the tyranny of religion that would make Savonarola smile.

There is also a need for a real world discussion regarding religious liberty. From the inception of the Republic, it has been clear that every American citizen should be free to practice their religion and expression of spirituality in whatever fashion they deem appropriate and satisfying. The corollary to this right is that no American citizen has the right to impose their religious beliefs on another citizen.

This is a fairly simple and fair concept. But there are those who are using the right of freedom of religion as a cudgel to bash and batter their fellow citizens into their belief universe.

This is dangerous, wrong and unfortunate in the extreme. We can only hope that the Supreme Court will, in this case, observe the original intentions of the Framers of the Constitution and not confuse religious rights with the right to oppress in the name of religion.

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Point of View Columns

Weekend Edition – August 12, 2011

One of the (many) definitions of insanity is doing the same thing over and over and getting the same result while expecting a different result. Rick Perry, Governor of Texas and Lieutenant Governor while serving with Governor George W. Bush, is now going to run for president. Sound familiar? Could this country actually elect George Bush’s lieutenant governor? The G.O.Tea Party had a debate in Iowa yesterday, and the theme song “Send in the Clowns” played in the background. And finally, Mitt Romney has announced that “corporations are people”, confirming his belief in the lousy Citizens United Supreme Court decision as well as confirming his permanent confusion regarding the reasons why corporations even exist in the
first place.

Déjà vu?

One of my favorite Yogi Berra quotes is “…it seems like déjà vu all over again”. The much anticipated entry of Texas Governor Rick Perry into the G.O.Tea Party presidential race is one more sign that the Republicans are determined to do their very best to re-elect Barack Obama.

Let’s see…..Rick Perry was lieutenant governor when George W. Bush was governor. President George W. Bush presided over multiple disasters – 9/11, Katrina and the collapse of the American economy come to mind. Former Texas Governor Bush led this country into not one, but two misguided and mismanaged wars costing trillions of dollars and thousands of lives. Rick Perry has never breathed a word of dissent regarding the policies of President Bush.

Let’s see, Governor Rick Perry declared that Texas should seriously consider seceding from the United States. The last time that was tried 600,000 Americans died. Clearly secession is not a term that should be bandied about, even for rhetorical effect.

And, it should be noted that Governor Perry has stated on numerous occasions that serving as governor (and presumably as president) is part of a plan to fulfill his Christian mission. While we should respect any person’s religious beliefs we should be wary of anyone seeking to advance their Christian, Jewish or Muslim mission through holding public office.

Barack Obama is certainly losing sleep (and gaining grey hairs) over the many challenges his Administration has been facing. He shouldn’t lose any sleep over facing Rick Perry in a presidential election.

Would You Like a Clown with that Pie?

A veritable gaggle of G.O.Tea Party presidential candidates showed up for a “debate” in Ames, Iowa yesterday. The word “debate” is in quotes because it was really not a contest of ideas, rather it was a competition for who could blame President Obama the most with a sub contest for catchiest sound bite. Mitt Romney muttered something about not eating “Obama’s dog food” – a real head scratcher.

Newt Gingrich railed against “gotcha questions” from the media. Presumably he is growing weary of explaining how he served his former wife with divorce papers as she was waking up from cancer surgery – and how he and his wife managed to get a $500,000 line of credit at Tiffany’s and still be part of the middle class – and how his entire senior campaign staff just got up and walked out after working for him for………2 weeks.

Michelle Bachmann and Tim Pawlenty had a veritable Twin City Smack Down, but it was very hard to imagine any of the candidates on the Ames stage actually being on the world stage – without a clown suit.

Corporations Are People?

Campaigning in Iowa last week Mitt Romney stated that “corporations are people”. I guess it is now official. In the Citizens United case the United States Supreme Court led by G.O.Tea Party stalwarts Alito, Scalia, Roberts and Thomas ruled that corporations have First Amendment rights including the right to contribute unlimited amounts of money to political campaigns.

Now the former governor of Massachusetts has gone a step further by stating that entities that only exist by reason of law are actually people. Presumably he means that corporations have rights and are entitled to safeguards that were previously reserved for human beings.

During my first year at Harvard Law School we were taught that corporations are simply a creation of the law. Clearly Mr. Romney, the G.O.Tea Party stalwarts on the Supreme Court and the right wing of the right wing intend to rewrite law to suit their own purposes.

Have a great weekend!

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