People For the American Way has been stressing the enormous importance of the Supreme Court in the next election, emphasizing that if Mitt Romney is elected, he has promised to nominate extreme right-wing judges who will limit our civil liberties and rescind equality measures. In a new ad, Massachusetts Senate candidate Elizabeth Warren echoes these concerns, warning that a Senate dominated by Republicans has the potential to approve a justice that would help overturn Roe v. Wade. Warren’s opponent Scott Brown has already voiced his support for Justice Antonin Scalia, naming the ultra-conservative judge as his favorite on the Supreme Court. We cannot afford to elect candidates like Mitt Romney or Scott Brown, who are sure to nominate and confirm justices that will take us back in time and turn back the progress we have made on behalf of women’s rights, worker’s rights, voting rights, and more.
This is Justice Antonin Scalia, who Mitt Romney and Massachusetts Sen. Scott Brown both hold up as their model Supreme Court Justice, discussing his approach to some thorny Constitutional issues:
"The death penalty? Give me a break. It's easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state”
Looking forward to seeing your rights eliminated with “ease” by the Supreme Court? We have just the candidate for you.
The Senate Armed Services Committee closed its two days of hearings on the Pentagon’s Don’t Ask, Don’t Tell report with the testimony of the chiefs of the various armed services. While there is some disagreement as to when and how, the general consensus was that repeal can and should be implemented. Even General James F. Amos, Commandant of the Marine Corps, who has expressed his opposition publicly on numerous occasions, “think[s] it will be repealed eventually. I just ask for the -- the opportunity to be able to do it with my forces when they're not singularly focused on combat.”
If the effective date really is the sticking point, that has already been addressed in the proposed legislation, which requires President Obama, Defense Secretary Robert Gates, and Joint Chiefs Chairman Admiral Mike Mullen to certify that repeal is consistent with military readiness, effectiveness, unit cohesion, and recruiting. Secretary Gates has made “absolutely” clear that he “will not certify until [he] feel[s] that the process can move forward without any damage to the safety and security of our men and women that are serving, number one, and that our battle effectiveness will not be jeopardized, number two.” Moreover, “before the certification is signed, everything has to be done to get ready. It's not something that I would start, that I would certify while it was still in process as it were.”
Senator Levin, Chairman of the Committee, was quick to point out that “you have to repeal before the implementation stage comes.” Implementation will take considerable thought and time, but there will be nothing to implement if Congress doesn’t first act on repeal.
Senator McCain is still insisting that he needs more time. He needs to talk to more people. And don’t forget his warning that “the problem with the defense authorization bill isn't confined to the "don't ask/don't tell" issue.” This is another case of putting the cart before the horse. You can’t implement repeal if there is no repeal. And you can’t fix the “problems” with the Defense bill, you can’t even discuss them, if the bill is not allowed to come to the floor. Senator Levin: “The place to address the kind of issues which Senator McCain raises is on the floor of the Senate. There are issues, of course, in any defense authorization bill that come[s] out of committee. And the only way those issues can be addressed is to debate them, resolve them in the Senate.”
Now the final push begins to bring up that Defense bill and ensure that repeal becomes law in 2010. Senator Scott Brown, a target of repeal supporters and opponents alike, removed one stumbling block today with the announcement of his position. Or did he?
I have been in the military for 31 years and counting, and have served as a subordinate and as an officer. As a legislator, I have spent a significant amount of time on military issues. During my time of service, I have visited our injured troops at Walter Reed and have attended funerals of our fallen heroes. When a soldier answers the call to serve, and risks life or limb, it has never mattered to me whether they are gay or straight. My only concern has been whether their service and sacrifice is with pride and honor.
I pledged to keep an open mind about the present policy on Don’t Ask Don’t Tell. Having reviewed the Pentagon report, having spoken to active and retired military service members, and having discussed the matter privately with Defense Secretary Gates and others, I accept the findings of the report and support repeal based on the Secretary’s recommendations that repeal will be implemented only when the battle effectiveness of the forces is assured and proper preparations have been completed.
Senator Brown’s support is welcome news. But important questions remain, as reported by Greg Sargent for the Washington Post (The Plum Line).
One important question: How does this square with Mitch McConnell's letter vowing that the entire GOP caucus would stand in unison against DADT repeal and everything else Dems want until the standoff over the Bush tax cuts and funding the government are resolved? If Brown confirms he will vote for cloture on the Defense Authorization Bill containing DADT repeal, irrespective of whether a deal is reached on the tax cuts, it makes McConnell's threat look pretty empty.
Keep an eye on the remaining moderates. More when I learn it.
UPDATE, 1:32 p.m.: One other quick point. It's one thing for Senator Brown to say he supports repeal in general. What needs to be established is whether Brown's vote for repealing DADT is contingent on Harry Reid jumping through a whole bunch of procedural hoops that some GOPers have demanded. More on that when I get it, but for now, this is clearly a positive step.
Opposition to the repeal of Don’t Ask Don’t Tell has ranged from subtle and outright homophobia to claims that the House, in passing repeal, was “dissing the troops.” Many Republican senators who voted to stop the repeal of Don’t Ask Don’t Tell from coming to a vote earlier this year said that they were uncomfortable with voting for or against repeal until the Pentagon completed its study of the policy. The study, released today, finds that an overwhelming majority of both soldiers and their spouses had absolutely no problem with letting gay and lesbian soldiers serve openly. The report found that “69 percent — believed they had already worked with a gay man or woman, and of those the vast majority — 92 percent — reported that the unit’s ability to work together was very good, good or ‘neither good nor poor.’” The authors of the report, Jeh C. Johnson, the Pentagon’s chief counsel, and Gen. Carter F. Ham, the commander of the United States Army in Europe, even wrote that “we are both convinced that our military can do this, even during this time of war.”
Now that the Pentagon has conclusively found that unit cohesion and effectiveness won’t be jeopardized by a repeal of Don’t Ask Don’t Tell, it is important to remember the Republican senators who said Congress should wait for the report before an up or down vote on repealing DADT.
Mark Kirk (R-IL):
I think we should wait for the Joint Chiefs of Staff to report. This was actually the recommendation of Secretary Gates and the President, but Speaker Pelosi wanted to move forward anyway. The problem here is that when you remove the policy, you got to have a new policy….I’m going to read every word of that study.
Scott Brown (R-MA):
I am keeping an open mind, but I do not support moving ahead until I am able to finish my review, the Pentagon completes its study, and we can be assured that a new policy can be implemented without jeopardizing the mission of our military.
Olympia Snowe (R-ME):
Moreover, as I have previously stated, given that the law implementing the “Don’t Ask, Don’t Tell” policy has been in place for nearly 17 years, I agree that it is overdue for a thorough review. The question is, whether we should be voting on this issue before we have the benefit of the comprehensive review that President Obama’s Secretary of Defense ordered in March, to secure the input of our men and women in uniform during this time of war – as the Joint Chiefs of Staff from all of the services have requested prior to any vote. We should all have the opportunity to review that report which is to be completed on December 1, as we reevaluate this policy and the implementation of any new changes.
John Ensign (R-NV):
“It is my firm belief that Americans, regardless of their sexual orientation, should be able to fight and risk their lives in defense of this great nation. As a nation currently engaged in combat in Afghanistan and Iraq, the focus of all decisions affecting military readiness, recruiting and retention, and unit cohesion should be to maximize the success of ongoing operations.”
Ensign spokesperson Jennifer Cooper reiterated this point: "Senator Ensign is waiting on the report from the Pentagon and the testimony of the military chiefs to see if any changes to this policy can or should be done in a way so as not to harm the readiness or war fighting capabilities of our troops."
Roger Wicker (R-MS):
Congress should refrain from conducting any legislative action on ‘Don’t Ask, Don’t Tell’ until the Defense Department has concluded its comprehensive review of the policy.
Richard Burr (R-NC):
Don't Ask Don't Tell has worked. Now personally I don't see a reason to reverse it. But that's a personal opinion. I think the country should have a debate. And what we should do is we should wait until the Department of Defense has gotten back the survey of those individuals who serve. That survey's back in December. This is not too far off…. Now I'm not scared to have the debate, I welcome the debate, but I'm also very confident that we should time this in a way that makes as little impact on those troops that are deployed as we possibly can.
John Thune (R-SD):
I believe it is in the best interest of our military to allow the DOD to complete its review of the repeal of Don't Ask, Don't Tell, before Congress injects politics into the process.
As Congress returns to work this month, the Senate will likely have another chance to vote on the DISCLOSE Act, legislation meant to mitigate the damage of Citizens United by requiring full disclosure of corporate spending in elections.
The House passed the DISCLOSE Act in June. In July, it sank in the Senate, when not a single Republican was willing to break a filibuster on the bill. Moderate Republicans Scott Brown, Susan Collins, and Olympia Snowe, despite previous support for clean election legislation, all sided with their party to kill the bill.
In the Washington Post today, E. J. Dionne writes that the support of those three senators is key to the passage of the DISCLOSE Act—though the pressure they face to oppose it is greater than ever:
As moderate Republicans, Snowe and Collins are undoubtedly looking over their right shoulders, fearful that they may go the way of Sens. Lisa Murkowski and Bob Bennett. This helps explain why they went south during negotiations over the health-care bill.
But repairing Citizens United is not an ideological question, although some cast it that way. Fiscal conservatives should be as worried as anyone about corporations using their newfound power to extract expensive special benefits from the government. Even conservatives who opposed campaign reform in the past have always insisted that they favor disclosure of campaign contributions. Disclosure is now more important than ever.
Snowe, Collins and Brown have made their careers by touting their independence. But that claim doesn't come cheap. This is the issue on which their promissory note is due.
This election cycle has already produced plenty of examples of corporations funneling money through front groups to support or smear candidates. In an ideal world, every member of Congress would stand up to corporate lobbyists and support a bill that would throw light on that murky political strategy. But at the very least, a disclosure bill should have the active support of those who profess to be independent campaign reformers.