People For the American Way staff, members and activists braved the heat today to showcase their support for the Patient Protection and Affordable Care Act, alongside hundreds of others Americans outside the United States Supreme Court. However, PFAW was not merely standing silently while awaiting the court’s decision. We were busy waving signs reading “Don’t Hijack My Healthcare” and “Fear Romney Court,” and chanting “Health Care for All!”
Finally the clock had struck 10 a.m. and the tea party began celebrating due to premature and incorrect reports. Upon finally learning the court’s actual 5-4 decision to uphold the Act, PFAW and so many of the other supporters outside the Supreme Court began celebrating, cheering, and embracing. The Tea Party had found a microphone to continue spreading their propaganda, but the sounds of progress drowned them out. Today was an important win. To partially quote Vice President Biden, this is “a big…deal.”
This morning, the Supreme Court granted review to three cases involving challenges to the Affordable Care Act. As a result, the political conversation on the American people's ability to address national issues via congressional legislation will be paralleled by a legal conversation at the nation's highest court.
The Court will address several specific legal issues:
SCOTUSBlog notes the significant amount of time the Court will be devoting to this issue:
The allotment of 5 1/2 hours for oral argument appeared to be a modern record; the most recent lengthy hearing came in a major constitutional dispute over campaign finance law in 2003, but that was only for 4 hours. The length of time specified for the health care review was an indication both of the complexity of the issues involved, and the importance they hold for the constitutional division of power between national and state governments. (In its earlier years, the Court customarily held days of oral argument on important cases; the modern Court, however, ordinarily limits oral argument to one hour per case.)
It is worth remembering that the individual mandate was a Republican idea. Their opposition to it today has nothing to do with constitutional principle, and everything to do with damaging President Obama politically and sabotaging the American people’s ability to effectively address national problems through national solutions.
In an opinion written by conservative Judge Laurence Silberman, a three-judge panel of the U.S. Court of Appeals for the DC Circuit Court today upheld the individual mandate of the Affordable Care Act. In a carefully considered 2-1 opinion, the court rejected the argument that Congress lacks authority under the Commerce Clause to require Americans to purchase health insurance. Judge Silberman's opinion points out just how extreme the right wing's arguments against the law are. (The dissent was based on jurisdiction, rather than the merits of the case.)
The parties challenging the ACA argued that Congress's authority under the Commerce Clause is limited to people who are actively engaged in an economic activity. Thus, they say, Congress cannot require people to purchase health insurance. Although the Right Wing presents this argument as a conservative return to the original intent of the Framers, Judge Silberman recognizes that it is anything but:
Nothing in the text of the Constitution or relevant case law supports this constricted vision of congressional authority under the Commerce Clause. As Judge Silberman writes:
The mandate, it should be recognized, is indeed somewhat novel, but so too, for all its elegance, is appellants’ argument.
People For the American Way Foundation Senior Fellow Jamie Raskin has written that "the conservative arguments assailing the individual mandate seem paper-thin from the standpoint of constitutional text, history, precedent and doctrine." Or, as the DC Circuit stated today:
The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local–or seemingly passive–their individual origins.
The constitutional attack against the Affordable Care Act is part of the Far Right's larger efforts to peddle the idea that Americans are powerless to impose reasonable limits on large corporations and hold them accountable when they do wrong. They will not be happy with today's dose of reality from Judge Silberman and the DC Circuit.
In the Tea Party, it’s all the rage these days to declare everything unconstitutional – Social Security, Medicare, unemployment insurance, disaster relief, federal civil rights laws, health care reform, basically any law that enables the federal government to take on national-scale problems.
One of the main strategies that the Tea Party has been using to push this extreme and regressive view of the Constitution is pushing aside the Commerce Clause, the clause in the Constitution that gives Congress the power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.”
The Commerce Clause, long recognized by courts as the rationale for important progressive economic programs, has come under fire from opponents of health care reform, who are arguing in the courts – with mixed success -- that the clause does not allow the Affordable Care Act’s individual health insurance mandate.
In a new report, People For the American Way Foundation Senior Fellow Jamie Raskin argues that “a powerful case can be made “that the Commerce Clause is “the most important constitutional instrument for social progress in our history.”
Without it, Congress could not have passed the National Labor Relations Act, the Fair Labor Standards Act, the Clayton and Sherman Anti-Trust Acts, the Civil Rights Act of 1964’s prohibition of race discrimination in hotels, restaurants and other places of public accommodation, the Occupational Safety and Health Act, the Equal Pay Act, the Clean Air Act, the Clean Water Act and dozens of other federal statutes protecting the environment and establishing the rights of citizens in the workplace and the marketplace.
Why, then, does the Commerce Clause seem pale and dull next to the Free Speech and Equal Protection Clauses?
Perhaps it is because these provisions clearly declare radiant principles of liberty and equality that translate into easily understood and intuitively attractive protections against arbitrary government power.
Because the Commerce Clause has been a powerful instrument of social reform over the last century, its meaning has periodically provoked deep jurisprudential controversy. This is ironic since the Court routinely and unanimously upheld congressional assertion of a comprehensive federal commerce power before broad democratic purposes entered the picture. The commerce power became the target of virulent attack by corporate conservatives when progressives and labor gained political influence and used this power as the constitutional basis upon which to regulate and improve the character, terms and conditions of the American workplace and marketplace in favor of large numbers of the American people.
Raskin follows the Commerce Clause from its origins at the Constitutional Convention, through the Lochner era, when an activist court “put the Commerce Clause in a straightjacket” to strike down federal worker protection laws and other attempts to regulate interstate commerce, to the late 1930s, when the court returned to a more expansive view of the clause, allowing progressive economic programs and civil rights reforms to flourish, to the Rehnquist Court, which again began to narrow down the scope of Congress’s constitutional regulatory power, to challenges to the Affordable Care Act, which threaten to take us back to the Lochner era.
What if our federal government didn’t have the power to provide for emergency disaster relief? To prevent children from being put to work at an early age…without even the protection of a minimum wage? To prohibit discrimination in employment, public accommodations, and public schools? To help struggling states fund public education?
These are the logical ends of the radical, regressive vision of the Constitution that has become popular among the Tea Party -- and that for the first time is enjoying serious consideration in the halls of Congress and in federal court rooms.
The Center For American Progress’s Ian Millhiser released a paper today outlining some of the ways the Tea Party’s selective worship of parts of the Constitution threatens to derail the success of the hard-won protections contained in the whole Constitution. Millhiser brainstorms a list of some of the things that would be unconstitutional under the Tea Party’s Constitution:
- Social Security and Medicare
- Medicaid, children's health insurance, and other health care programs
- All federal education programs
- All federal antipoverty programs
- Federal disaster relief
- Federal food safety inspections and other food safety programs
- Child labor laws, the minimum wage, overtime, and other labor protections
- Federal civil rights laws
You can add to that the basic definition of citizenship and the concept of separation of church and state. And that doesn’t even include the progressive amendments to the Constitution that Tea Party activists want to roll back, such as the amendment providing for the direct election of U.S. senators.
PFAW examined the Tea Party’s dangerous cherry-picked Constitution in a report last year, Corporate Infusion: What the Tea Party’s Really Serving America , which demonstrates that the Tea Party’s supposed allegiance to the Constitution deliberately ignores the text and history of the original document and the progressive amendments that have extended its freedoms to more and more Americans.
Earlier this week, PFAW Foundation, CAP and the Constitutional Accountability Center launched an effort called “Constitutional Progressives,” aimed at protecting and defending the whole Constitution – it’s its text, history and more than 200 years of amendments. You can sign a pledge to support the whole Constitution at constitutionalprogressives.org.
The Family Research Council sent word today that GOP presidential frontrunner Mitt Romney is now confirmed to join Rick Perry, Michele Bachmann, Rick Santorum, Ron Paul and Herman Cain at this year’s Values Voter Summit, a far-right extravaganza hosted by some of the most intolerant Religious Right groups in the business. Organized by the vehemently anti-gay Family Research Council, the event is also sponsored by the American Family Association and Liberty Counsel, among other right-wing groups.
Last year, we raised an alarm when Romney and Bachmann, along with Virginia Gov. Bob McDonnell, Rep. Mike Pence and former Arkansas Gov. Mike Huckabee attended the event. We were particularly concerned that these leaders would be willing to share the stage with the American Family Association’s spokesman Bryan Fischer, whose record of bigotry against gays and lesbians, Muslim Americans and American Indians, among others, is truly appalling.
Although Fischer is not yet listed as a confirmed speaker at this year’s event, attendees will have the honor of sharing the stage with some pretty extreme Religious Right activists, including Liberty Council’s Mat Staver, who opposes anti-bullying initiatives that protect LGBT kids and says that gay rights supporters have “a very militaristic anti-Christian viewpoint”; retired General Jerry Boykin, who thinks President Obama is using health care reform legislation to recruit an army of brownshirts loyal only to him; and Star Parker, who claims that black family life “was more healthy” under slavery than today.
And that’s not to mention the two main organizers of the event, the FRC and the AFA, which have both been listed as hate groups by the Southern Poverty Law Center for their propagation of false anti-gay rhetoric.
Highlights of last year’s summit included FRC leader Tony Perkins simultaneously insulting gay troops and a number of key U.S. allies in Iraq and Afghanistan by declaring that countries that allow gays and lesbians to serve openly in their armed forces are “the ones that participate in parades, they don't fight wars to keep the nation and the world free”; and Rick Santorum asserting that there are “no families” in impoverished neighborhoods.
Apparently the tone of last year’s event and the guest list of this year’s haven’t given any pause to the top GOP presidential candidates, who are eager to recruit the support of even the most extreme leaders of the Religious Right. That Romney is returning to VVS is an important reminder that, despite his self-styled “moderate” image, he is just as beholden to extreme Religious Right interests as the rest of the field.
In a badly-needed boost to the rule of law and the nation's much-abused new health reform, a three-judge panel on the Fourth Circuit today rejected two attacks on "Obamacare." In one case, Virginia v. Sebelius, the appeals court found that the Commonwealth of Virginia lacked standing to challenge the individual mandate provision and in the other, Liberty University v. Geithner, it ruled that a challenge to the plan's financial penalty for not purchasing individual health insurance coverage was not ready to be heard since the penalty constitutes a tax and taxes may not be challenged until after they have gone into effect and been paid. Both decisions by Circuit Judge Diana Gribbon Motz are a breath of fresh air in a legal and political environment now polluted by partisan and ideological attacks on the health plan.
The decision in the Virginia case, brought by the state's Attorney General Ken Cuccinelli, was an emphatic victory for basic rules of federalism and judicial restraint. Judge Motz found that the court could not hear the case because Virginia lacked standing under long-established jurisdictional principles. As a state, Virginia suffered no "injury in fact" because of the individual insurance mandate it was challenging; the state itself is not "burdened" by it, state officials are not "commandeered" by it, and state sovereignty is not impaired in any way by it. Virginia asserted that it had standing because of a conflict between the new law and a state statute, the "Virginia Health Care Freedom Act," a statute which was transparently cooked up by the legislature for the sole purpose of creating a conflict with the federal health reform law. This state law simply declared that no resident of Virginia "shall be required to obtain or maintain a policy of individual insurance coverage." It had no enforcement mechanism and existed solely for purposes of organizing litigation against the national government. Judge Motz correctly found that, if this kind of metaphysical declaration were enough to create standing, a state could concoct jurisdiction to challenge any federal law just by writing a "not-X" statute. I recall that opponents of the health reform introduced the same meaningless legislation in Maryland and I took great pleasure in pointing out that it had no content. At any rate, Judge Andre Davis dissented from the decision, arguing that the standing problem was no big deal; he would have simply ruled that the individual mandate provision did not exceed Congressional power under the Constitution—and, on this point, he is clearly right.
The other decision, in the Liberty University case, was based on the significant new ruling that the individual insurance mandate is actually a form of federal taxation and the federal Anti-Injunction Act prevents the court from entertaining challenges to taxes until they actually go into effect and have been paid by the litigants. "A taxpayer can always pay an assessment, seek a refund directly from the IRS, and then bring a refund action in federal court," Judge Motz wrote, but the Anti-Injunction Act bars pre-enforcement actions. It is definitely of note that Judge Motz found that, under the Act, financial penalties and exactions are to be treated like a "tax." Both supporters and critics of the decision are noting that this may mark an effort to define and defend the individual insurance mandate as a legitimate exercise of the congressional Taxing power, but this may be over-reading into the court's interpretation of the Anti-Injunction Act, which does have its own body of rules and precedents.
It's not clear yet whether the disappointed litigants will try to take the case en banc to the full right-leaning Fourth Circuit or petition for appeal directly to the Supreme Court. All roads lead to the Supremes in this case since there is currently a split between the Sixth Circuit, which upheld the constitutionality of the individual mandate, and the Eleventh Circuit, which struck it down. In addition, the DC Circuit will be hearing oral arguments in a healthcare challenge in two weeks, so it, too, may add its voice to the discussion by the end of the year. At some point next year, the justices will have to grab the bull by the horns and decide whether they want to fully revive the class-driven judicial activism of the Lochner period by knocking down laws promoting public health and welfare.
Tonight, eight GOP presidential candidates will alight on sacred ground to some: the Ronald Reagan Presidential Library in Simi Valley, California. As the candidates pay the required perpetual homage to the 40th president, the rest of us might take some time to reflect on just how far off the Reagan Ranch the Republican Party has gone.
Since the advent of the Tea Party, the Republican establishment has adopted a philosophy that you could call "Xtreme Reagan" -- tax cuts for the wealthy without compromise, deregulation without common sense, social conservatism without an ounce of respect -- that makes even a liberal like me almost miss the political pragmatism of the Gipper. It's terrifying that former Utah Gov. Jon Huntsman, a hard-line economic and social conservative, whose regressive economic policies as governor were to the right of Reagan, is now widely considered to be too far to the left to even be a contender.
Don't get me wrong -- I never was a fan of Ronald Reagan and his policies. But I miss the days when believing in science and being able to do basic budget math didn't make you a radical Socialist.
Reagan, a savvy politician, rode to power on the money of corporate America and the passion of an increasingly politicized Religious Right -- and, for the most part, gave both groups enough of what they wanted once he was in office to keep them both happy. But he also bucked those interests at some important points. Contrary to current Reagan hagiography, he raised taxes 11 times during his eight years in office -- including the largest corporate tax hike in American history -- when it became clear that pure trickle-down economics would be disastrous for the economy. And in 1981, over the objections of anti-choice groups, he nominated the highly qualified and politically moderate Sandra Day O'Connor to serve on the Supreme Court.
Today's Tea Party candidates, as they love to remind us, are beholden to the same interests. But they have taken the Reagan strategy a step further, turning the values of the Reagan coalition into a new, unyieldingly rigid conservative orthodoxy.
In the Tea Party orthodoxy, environmentalism isn't just bad for business, it's unbiblical. Tax cuts aren't just what the rich want, they're what Jesus wants . The Democratic president isn't just a liberal, he's a foreigner trying to destroy America from within. Conspiracy theories become hard-and-fast facts before you can change the channel away from Fox News. There's no compromise when you live in an air-tight world of unquestioned beliefs that become created facts.
Let's take a look at how the eight GOP candidates debating tonight have taken Xtreme Reaganism and made it their own:
This is the field that the Party of Reagan has produced to appeal to a right-moving and increasingly isolated base -- where the architect of health care reform has to run against himself, where the most libertarian still isn't willing to cross the Religious Right, and where the highest-polling has floated the idea of his state seceding from the union.
Listen tonight as you hear the homage to Ronald Reagan and consider how radical this party has actually become.
Cross posted on Huffington Post
Here at People For the American Way, we’ve spent the last several weeks marveling as Texas Gov. Rick Perry plans a blockbuster Christian prayer rally in Houston, gathering around him a remarkable collection of Religious Right extremists – from a pastor who claims that the Statue of Liberty is a “demonic idol” to a self-described “apostle” who blamed last year’s mysterious bird deaths in Arkansas on the repeal of Don’t Ask, Don’t Tell. Perry claims the event is apolitical, but it is conveniently timed to coincide with the possible launching of his presidential bid and bolstered by groups that are dedicated to working far-right evangelical values into American politics.
Which is why we were all surprised today to find a story in The Hill titled “At second glance, Texas Gov. Rick Perry not as conservative as some think.” Really?
The evidence presented for Perry’s maverick-moderate tilt is that the governor has taken some reasonable positions on immigration reform and that he once angered Religious Right groups by requiring that all 6th grade girls in the state receive a vaccine for HPV, a sexually transmitted disease that can lead to cervical cancer.
Perry’s 2007 executive order requiring that the vaccine be offered to Texas’s sixth graders was a wonderful, progressive public health policy…but seemed a little odd coming from a far-right Texas governor. Interestingly, while the move angered Perry’s supporters on the Religious Right, it made one constituency very happy: lobbyists for Merck & Co., the pharmaceutical giant that manufactured the vaccine and stood to gain billions from the new law. The Associated Press reported at the time on the cozy relationship Merck had developed with the newly-reelected Texas governor:
Merck is bankrolling efforts to pass laws in state legislatures across the country mandating it Gardasil vaccine for girls as young as 11 or 12. It doubled its lobbying budget in Texas and has funneled money through Women in Government, an advocacy group made up of female state legislators around the country.
Details of the order were not immediately available, but the governor's office confirmed to The Associated Press that he was signing the order and he would comment Friday afternoon.
Perry has several ties to Merck and Women in Government. One of the drug company's three lobbyists in Texas is Mike Toomey, his former chief of staff. His current chief of staff's mother-in-law, Texas Republican state Rep. Dianne White Delisi, is a state director for Women in Government.
Toomey was expected to be able to woo conservative legislators concerned about the requirement stepping on parent's rights and about signaling tacit approval of sexual activity to young girls. Delisi, as head of the House public health committee, which likely would have considered legislation filed by a Democratic member, also would have helped ease conservative opposition.
Perry also received $6,000 from Merck's political action committee during his re-election campaign.
Maybe Gov. Perry just really cared about helping prevent an epidemic and helping girls in Texas receive good medical care. On the other hand, health care for Texans doesn’t seem to have been a major priority for Perry: by last year, the tenth year of his governorship, Texas ranked last in the country in terms of the percentage of the population with health insurance and the percentage of insured children.
The “Perry bucks the Religious Right for the health of young girls” story will probably continue to reappear as he continues to be lauded as the Republican Party’s last, best hope for 2012. But the full story in no way proves that Perry’s an independent-minded moderate. Instead, it offers a case study of the sometimes conflicting priorities of the Religious and Corporate Right, and a politician who tries to appease them both.
Former Minnesota governor and GOP presidential candidate Tim Pawlenty is trying to deflect criticism of his role in Minnesota’s current government shutdown by touting is role in a previous one.
Pawlenty’s out with a new TV ad that claims he “won” a 2005 shutdown that closed the state government for eight days, at an estimated cost to taxpayers of $4.68 million per day. Pawlenty’s choice to brag about the shutdown and claim victory is interesting. Pawlenty’s beef with Democratic legislators was that they wanted to raise taxes on the wealthy in order to keep the state’s health services intact – Pawlenty and Republicans in the legislature wanted to cut 27,000 people off the state's health care plan. In the end, the two sides agreed to raise the state’s cigarette taxes in order to preserve essential social services and prevent the wealthy from paying more income taxes. This is the fight that Pawlenty claims he “won.”
The ad is part of a large effort by the Pawlenty campaign to whitewash his fiscal record as governor. While Pawlenty likes to claim that he left the state with a budget surplus, that surplus was largely just on paper. As the Wall Street Journal has reported, Pawlenty’s deferred payments and fuzzy math helped to make the state’s budget situation look a lot better than it was…laying the groundwork for the current deficit.
Watch the new ad:
We know the Republican view on taxes. In Minnesota, the government has shut down over Republican refusal to raise taxes on the fewer than 8,000 people making over $1 million. On the national level, Republicans are refusing to even consider raising revenue, threatening to let the U.S. default on its debt. But what about everyday Americans? Even with the influence of the anti-tax Tea Party, Americans strongly support raising taxes in order to decrease the deficit and reduce income inequality, as 19 polls taken since the beginning of the year show. Bruce Braley has the rundown:
A June 9 Washington Post/ABC News poll found that 61 percent of people believe higher taxes will be necessary to reduce the deficit.
A June 7 Pew poll found strong support for tax increases to reduce the deficit; 67 percent of people favor raising the wage cap for Social Security taxes, 66 percent raising income tax rates on those making more than $250,000, and 62 percent favor limiting tax deductions for large corporations. A plurality of people would also limit the mortgage interest deduction.
A May 26 Lake Research poll of Colorado voters found that they support higher taxes on the rich to shore-up Social Security’s finances by a 44 percent to 25 percent margin.
A May 13 Bloomberg poll found that only one third of people believe it is possible to substantially reduce the budget deficit without higher taxes; two thirds do not.
A May 12 Ipsos/Reuters poll found that three-fifths of people would support higher taxes to reduce the deficit.
A May 4 Quinnipiac poll found that people favor raising taxes on those making more than $250,000 to reduce the deficit by a 69 percent to 28 percent margin.
An April 29 Gallup poll found that only 20 percent of people believe the budget deficit should be reduced only by cutting spending; 76 percent say that higher taxes must play a role.
An April 25 USC/Los Angeles Times poll of Californians found that by about a 2-to-1 margin voters favor raising taxes to deal with the state’s budget problems over cutting spending alone.
An April 22 New York Times/CBS News poll found that 72 percent of people favor raising taxes on the rich to reduce the deficit. It also found that 66 percent of people believe tax increases will be necessary to reduce the deficit versus 19 percent who believe spending cuts alone are sufficient.
An April 20 Washington Post/ABC News poll found that by a 2-to-1 margin people favor a combination of higher taxes and spending cuts over spending cuts alone to reduce the deficit. It also found that 72 percent of people favor raising taxes on the rich to reduce the deficit and it is far and away the most popular deficit reduction measure.
An April 20 Public Religion Research Institute poll found that by a 2-to-1 margin, people believe that the wealthy should pay more taxes than the poor or middle class. Also, 62 percent of people believe that growing inequality of wealth is a serious problem.
An April 18 McClatchy-Marist poll found that voters support higher taxes on the rich to reduce the deficit by a 2-to-1 margin, including 45 percent of self-identified Tea Party members.
An April 18 Gallup poll found that 67 percent of people do not believe that corporations pay their fair share of taxes, and 59 percent believe that the rich do not pay their fair share.
On April 1, Tulchin Research released a poll showing that voters in California overwhelmingly support higher taxes on the rich to deal with the state’s budgetary problems.
A March 15 ABC News/Washington Post poll found that only 31 percent of voters publican policy of only cutting spending to reduce the deficit; 64 percent believe higher taxes will also be necessary.
A March 2 NBC News/Wall Street Journal poll found that 81 percent of people would support a surtax on millionaires to help reduce the budget deficit, and 68 percent would support eliminating the Bush tax cuts for those earning more than $250,000.
A February 15 CBS News poll found that only 49 percent of people believe that reducing the deficit will require cuts in programs that benefit them; 41 percent do not. Also, only 37 percent of people believe that reducing the deficit will require higher taxes on them; 59 percent do not.
A January 20 CBS News/New York Times poll found that close to two-thirds of people would rather raise taxes than cut benefits for Social Security or Medicare in order to stabilize their finances. The poll also found that if taxes must be raised, 33 percent would favor a national sales tax, 32 percent would support restricting the mortgage interest deduction, 12 percent would raise the gasoline taxes, and 10 percent would tax health care benefits.
On January 3, a 60 Minutes/Vanity Fair poll found that 61 percent of people would rather raise taxes on the rich to balance the budget than cut defense, Social Security or Medicare.
h/t Teagan Goddard
In a win for the millions of Americans who are set to receive health insurance through last year's healthcare reform law, the 6th Circuit Court of Appeals has ruled the Patient Protection and Affordable Care Act constitutional. The full ruling can be read here.
The ruling comes in one of several challenges to the healthcare reform law being floated by Tea Party-affiliated groups and Republican attorneys general. (This particular challenge comes from the right-wing Thomas More Law Center.) The groups all challenge the law’s individual mandate, an idea first proposed by conservative groups as an acceptable method of ensuring universal healthcare. The appeals court found that the individual mandate is well within the reach of the Constitution’s Commerce Clause, which allows Congress to regulate commerce between the states.
The 6th Circuit is the first federal appellate court to rule on the healthcare reform law, and it has been called one of the more conservative benches. Judge Jeffery Sutton, a George W. Bush nominee and former Scalia clerk, wrote a concurring opinion upholding the constitutionality of the Affordable Care Act. His concurrence offers a detailed and extremely respectful analysis – and rejection – of the claims that the law violates the Constitution because it compels people to purchase a product. He has been called “one of the nation’s leading advocates for conservative states-rights positions” yet, in addition to rejecting the Commerce Clause argument, he also gave short shrift to More’s Tenth Amendment argument.
From the court’s decision:
By regulating the practice of self-insuring for the cost of health care delivery, the minimum coverage provision is facially constitutional under the Commerce Clause for two independent reasons. First, the provision regulates economic activity that Congress had a rational basis to believe has substantial effects on interstate commerce. In addition, Congress had a rational basis to believe that the provision was essential to its larger economic scheme reforming the interstate markets in health care and health insurance
The ACA is clearly constitutional, but the fight is far from over. Despite the fact that this case has one of the nations’ leading conservatives ruling for the constitutionality of the ACA, there are more constitutional challenges still making their way through the courts.
UPDATE: The White House has posted some great video interviews with YEOs.
Last Friday, 200 members of People For the American Way Foundation’s Young Elected Officials Network visited the White House to talk with Obama administration officials and meet the president. The elected officials, all progressives under the age of 35, were able to discuss their concerns about issues including the economy, immigration, health care and education with highly placed administration officials including Council of Economic Advisors Chairman Austan Goolsbee, HUD Secretary Shaun Donovan and Chief Technology Officer Aneesh Chopra. The elected officials then attended an intimate reception with President Obama.
The White House has a blog post on the event here, and below are some photos by YEO staff and network members.
(Photo: YEO Network member)
Young Elected Officials at White House policy briefing (Photo: Matthew Lesser)
President Obama speaks to the Young Elected Officials Network (Photo: YEO Network member)
President Obama greets Young Elected Officials (Photo: YEO Network member)
The YEO Network's Women's Caucus at the White House (Photo: YEO Network member)
The YEO Network’s Black Caucus at the White House (Photo: YEO Network member)
Former Senator Rick Santorum formally launched his bid for the White House today. Given that Santorum's last run for reelection resulted in a crushing 17-point defeat, and given that his poll numbers are still in the low single digits in spite of his having been running a de facto campaign for the past year and a half, it would seem that Santorum's race is mostly a sign of the self-deceiving wishful thinking that overtakes people who believe they are meant to be president -- or in Santorum's case, who believe God truly wants them to be president.
Indeed, Santorum's campaign has already won him enough mockery that Pittsburgh Post-Gazette columnist Tony Norman recently dubbed him "the Rodney Dangerfield of American politics," saying he gets "as little respect as support."
Part of Santorum's problem is simply that he comes across to many people as annoyingly self-righteous. Norman writes, "His biggest problem is that he reminds everyone, including Republicans, of the annoying kid in Sunday school who memorizes all 66 books of the Bible so he can recite them in reverse order for the old ladies at church." In 2009, as Santorum's plans to run were becoming more apparent, journalist Matthew Cooper wrote, "My favorite Santorum anecdote actually comes from Bob Kerrey. After Santorum denounced Sen. Mark Hatfield, the Oregon Republican, for his opposition to the balanced budget amendment to the Constitution, the Nebraska Democrat was asked what he thought. 'Santorum, that's Latin for a--hole.'"
Fans on the Far Right
In spite of Santorum's huge negatives, he has his cheerleaders among right-wing activists and pundits who think he could still emerge from the unimpressive GOP pack.
Last month, right-wing Catholic activist Keith Fournier published a column that was essentially a mash note, declaring Santorum the winner of the South Carolina debate, calling his demeanor "Kennedy-esque," and gushing that Santorum's "courage to lead" is "what this Nation needs."
In February, columnist George Will praised Santorum as a "relentless ethicist" and said the GOP needs someone who can energize social conservatives who "are feeling neglected and are looking for someone like Santorum." To those who thought his loss would make him unelectable, Will asks, "Well, was Richard Nixon defunct after losing the California gubernatorial race in 1962?" I wonder if Santorum welcomed that comparison.
In January, when Santorum was criticized for slamming Obama's support for abortion in racial terms -- saying, "I find it almost remarkable for a black man to say 'now we are going to decide who are people and who are not people'" -- The National Review's Kathryn Jean Lopez praised Santorum for raising the issue of abortion in the black community.
Love him or hate him, let's be clear about Rick Santorum. He doesn't hold back. He doesn't mince words and conservative Christians and Catholics find this quality to be his best attribute. If and when he dives into the 2012 GOP mosh pit, he's going to be the guy that won't hold back and in the process he'll put some of these other 2012 contenders on the spot by bringing up issues that everybody whispers about but rarely talks about in public.
Hard Right Record
Santorum's far-right rhetoric and policy positions are what keep hope alive among some of his supporters. He is campaigning as a hard-right candidate who can appeal to every stripe of conservative. And he certainly has the record to back up that claim.
Speaking to a Tea Party gathering in February, Santorum embraced an extreme view of the constitutional separation of powers and the role of the federal judiciary, reportedly saying that Congress has the power and the right to declare what is constitutional or not. He said Congress has the power to disband the federal courts and that "I would sign a bill tomorrow to eliminate the 9th Circuit [Court of Appeals]. That court is rogue. It's a pox on the western part of our country." He told the Conservative Political Action Conference in February that "America belongs to God" and the judiciary has no right to "redefine" life or marriage.
He's a fierce critic of federal health care reform legislation, saying it will "destroy the country," portraying it as the equivalent of drug dealing and telling a group of Christians that getting hooked on health care would make them "less than what God created you to be." He has said that "if Obamacare is actually implemented," then "America as we know it will be no more."
Today, after he announced his candidacy, Santorum declared that American troops at D-Day had been fighting for Rep. Paul Ryan's plan to effectively end Medicare. "Those Americans risked everything so they could make that decision on their health care plan," he said.
He pushes the Tea Party's small-government ideology, saying the problems in the housing industry will be resolved by "getting regulators to back off" and letting the markets work their magic. Similarly, he says the answer to creating jobs is to get rid of all the government intervention that he believes is strangling businesses -- health care reform, financial regulation, the Environmental Protection Agency, and more.
In a bid to salvage his sinking 2006 reelection campaign, Santorum turned to bashing immigration reform and "amnesty" for illegal immigrants.
Santorum has a social issues record to make the Religious Right cheer. He made a name for himself on the national scene with his attacks on gay rights, most notably in a 2003 interview comparing gay relationships with "man-on-dog" sex. (In the same interview he argued that the Constitution does not protect a right to privacy. Recently he said that allowing loving gay couples to adopt children is "trying to defy nature" and should be illegal, as should gay marriage. He says that the Obama administration's decision to stop defending the Defense of Marriage Act in federal court meant that the "free exercise of religion will be eviscerated."
Although, while in the Senate, Santorum supported the occasional pro-choice Republican, he calls Roe v. Wade a "monstrosity" and supports criminalization of abortion, which he says is the reason Social Security is in trouble. He backs right-wing attacks on funding for Planned Parenthood's family planning services, actively taking part in the right-wing propaganda campaign against Planned Parenthood. Santorum has slammed the Griswold decision, in which the Supreme Court recognized a constitutional right to privacy and overturned a state ban on contraception, as a "constitutional wrecking ball."
Santorum gave Religious Right activists a powerful tool for pushing religion into public school classrooms when he sponsored an amendment to the "No Child Left Behind" law that encouraged the teaching of intelligent design in science classes. The amendment, written in part by the creationist Discovery Institute, became a force behind creationists' bogus "teach the controversy" strategy. Santorum wrote in 2002 that "Intelligent Design is a legitimate scientific theory that should be taught in science classes." Scientists and courts disagree.
Santorum has been a severe critic of Islam from his perch at the "America's Enemies" program at the right-wing Ethics and Public Policy Center. He says Islam is incompatible with western civilization because Shariah is both a civil code and a religious code. But he also says of Christians that "it is our obligation" to make civil law in America "comport with God's laws."
Santorum has tried to get attention to his desire to be the second Catholic president by slamming the first, saying he was "appalled" by John F. Kennedy's "radical" support for the separation of church and state - a centerpiece of Kennedy's vision of America. Speaking of the Kennedys, Santorum criticized church officials for praising former senator Ted Kennedy at his funeral, saying there was "no excuse" for it and arguing that it was harmful to send the message that it was okay for Catholic politicians to dissent from church teachings.
Although Santorum has been quick to slam progressive Catholics for not hewing closely enough to the doctrine of Church hierarchy, he's shown no compunction in casting aside Church teaching when it conflicts with his extreme ideology, as he did when repeatedly supporting "enhanced interrogation" techniques like waterboarding -- which has been clearly labeled "torture" and "an intrinsic evil" by the Catholic Church.
Santorum blamed the church's sex abuse scandal on the liberal political culture of Boston:
Priests, like all of us, are affected by culture. When the culture is sick, every element in it becomes infected. While it is no excuse for this scandal, it is no surprise that Boston, a seat of academic, political and cultural liberalism in America, lies at the center of the storm.
Obama as Enemy
At least one columnist has suggested that Santorum is angling for a VP spot, where he would serve as the GOP campaign's attack dog. He has repeatedly demonstrated his willingness to savage President Obama in the most extreme terms. Obama he says, does not have "a love of this country and an understanding of the basic values and wants and desires of its people." If Obama is reelected, he says, "Democracy and freedom will disappear." Santorum says Obama's talk about his faith is "phony" because the president, like other liberal Christians, has "abandoned Christendom" and has no "right to claim it." In fact, he says, Obama and "the left" are actively seeking to "destroy the family and destroy the Church" because that is the only way they can "be successful in getting socialism to be accepted in this country and that's what their objective is." During the 2008 campaign, Santorum was declared one of Keith Olbermann's "Worst Persons in the World" for continuing to spread the right-wing lie that Obama "won't wear the American flag pin."
When President Obama criticized cable news, Santorum ridiculously portrayed it as a prelude to tyrannical censorship: "This reminds me of what Hugo Chavez is doing down in Venezuela, trying to shut down the voice of opposition in the media." He says Obama "doesn't believe in the foundational principles that made this country great, which is limited government and free people." He said his own grandfather came from fascist Italy to a country that would allow him to be free: "That's the kind of change we need in Washington, DC."
In an April 28, 2011 foreign policy speech at the National Press Club, Santorum declared that "unlike President Obama I believe we were a great country even before the Great Society Programs of the 1960s." He went on to say, "Freedom has been our watchword, our anchor and our moral guide for nearly every cause both here and abroad. But today we have lost this mission because our president doesn't believe in it." After another (now-GOP-requisite) slam on Obama for not believing in American exceptionalism, Santorum slammed Obama for not doing more to support protesters in Iran: "We sided with evil because our president believes our enemies are legitimately aggrieved and thus we have no standing to intervene." Last year Santorum reportedly told a Pennsylvania crowd "that Obama seeks to make the United States like Europe, a continent whose citizens have turned their backs on faith and grown selfish, and where governments bestow rights upon the citizenry, rather than a place where all are born with God-given rights."
Violating Reagan's 11th Commandment
One reason Santorum might not be very popular in spite of his reliably right-wing record is that he is a habitual violator of Ronald Reagan's 11th Commandment. Santorum seems quite happy to speak ill of his fellow Republicans. He has slammed Romney as "Obama's running mate" (a reference to Romney's support for health care reform in Massachusetts) and criticized Newt Gingrich for criticizing Paul Ryan.
During the 2008 campaign, he repeatedly criticized John McCain. After pledging that he would never support McCain, he tepidly endorsed him after Sarah Palin joined the ticket. Santorum even wrote a snide column after McCain's loss predicting (wrongly) that McCain would seek historical redemption by leading the charge in Congress to help Obama move his agenda.
One of Santorum's less-successful slams on a fellow Republican came when he criticized Sarah Palin for not attending the Conservative Political Action Conference and suggested that her duties as a mom to five kids may have made her too busy. Palin in turn suggested that Santorum might be a "knuckle-dragging Neanderthal."
Santorum sees politics in spiritual terms. He says that government gets bigger and more intrusive without a "moral consensus" to guide society. In 2008 he told faculty and students at right-wing Ave Maria University, "This is not a political war, it is not a cultural war; it's a spiritual war." Santorum suggested that his opponents were agents of Satan: "The Father of Lies has his sights on what you would think the Father of Lies would have his sights on -- a good, decent, powerful, influential country: the United States of America." He warned the students that if they signed up for God's army, "you'll be ridiculed and you'll lose most if not every one of your battles. But you know who's going to win in the end, so you warrior on happily."
The Campaign Limps Along
Last spring, Santorum said he saw "an opening for someone who can unite the various primary factions -- economic libertarians, party establishment types and cultural conservatives," according to CBS News' Marc Ambinder. But after more than a year of campaigning, Santorum is polling at just two percent among Republicans.
Santorum is unfazed, saying that his poor showing in national polls is only because he's focusing on important early states of Iowa, New Hampshire, and South Carolina, where he won a GOP straw poll earlier this year. Though to keep that win in perspective, Santorum was the only candidate to show up to the GOP dinner and took 150 votes out of the 408 cast.
Cross posted on The Huffington Post
It's hard to predict what could happen in the GOP primary, but at this point, Santorum's barely-limping-along campaign seems in need of divine intervention.
46 years ago today, the Supreme Court issued its historic ruling in Griswold v. Connecticut, overturning the Connecticut state law that criminalized the use of contraceptives and recognizing that the Constitution protects the right to privacy. Five years after Griswold, Congress enacted Title X, which provides federal funding to family planning services for the uninsured and for low-income families. Griswold also paved the way for Roe v. Wade, which ruled that a woman’s choice to have an abortion was a constitutionally protected private decision.
But 46 years after Griswold, access to both contraception and abortion services are still under attack from the Right. Right-wing legislatures across the country just this year have passed numerous laws restricting women’s access to abortion. In addition, putting access to contraception and health care at great risk, Indiana last month adopted a law cutting off all state funding to Planned Parenthood.
Republicans in Congress are also going after access to contraception, in the form of Title X funding. In February, the House passed a budget bill that would put a stop to all Title X funding, including examinations to screen for sexually transmitted infections, breast cancer, and diabetes. The bill also included a provision to strip federal funding from Planned Parenthood. Those draconian provisions didn’t make it into law, but a provision preventing DC from using its own local tax dollars to help fund abortions for low-income residents did.
We’ve come a long way in 46 years…but we’re also still fighting many of the same battles to exercise the rights guaranteed to us in the United States Constitution.
As Mitt Romney enters the Republican presidential race this week, there will be plenty of attention on his shifting political views. But Romney's changing positions are not just the tragicomic tale of a man so desperate for the presidency he'll say anything to get there: they're also a valuable measure of what it takes to make it in the modern GOP.
Romney's many breathtaking U-turns -- on universal health care, on gay rights, on abortion rights -- have been extensively documented and parsed, and have become a reliable punchline. The former governor's willingness to adopt the position that he thinks will get him the most votes in whatever election he happens to be running in does speak to his own character. But Romney's ease at shifting also makes him a perfect weathervane for measuring the audiences he is trying to appeal to. And the speed with which Romney has been spinning to the right is an alarming sign of the political winds within the Republican Party.
This weekend, Romney will be making an important appearance among a group that has historically mistrusted him: the Religious Right. Speaking at the annual conference of Ralph Reed's Faith and Freedom Coalition, Romney can be expected to once again disavow his previously convenient reasonable positions on abortion rights and gay equality. But he is also likely to go a step farther.
At a similar event in 2007, as he tried to shake off his image as a socially moderate Massachusetts Republican in preparation for his first presidential run, Romney spoke at the Values Voter Summit hosted by a coalition of right-wing social issues groups. In his speech, he rattled off Religious Right catchphrases, speaking of the United States' "Judeo-Christian heritage," the "breakdown of the family," and making "out-of-wedlock birth out of fashion again" and passing an anti-gay marriage amendment to "protect marriage from liberal, unelected judges." He promised a federal "marriage amendment," funding for vouchers for religious schools and across-the-board anti-choice policies. By earlier that year, he had impressed Ann Coulter enough that she endorsed him in a speech made famous by her use of an anti-gay slur.
At last year's Values Voter Summit, having done full penance to the Religious Right for his previous statements in favor of gay rights and choice, Romney focused his speech on right-wing economic policies, including an odd tribute comparing Wal-Mart founder Sam Walton to the Founding Fathers. But the company he kept revealed the friends he was hoping to make. The event was sponsored in part by the Family Research Council and the American Family Association, two groups who were soon to be named "hate groups" by the SPLC for their long histories of false anti-gay rhetoric. Romney's fellow speakers included Religious Right stalwarts Phyllis Schlafly, Tony Perkins, Planned Parenthood scam artist Lila Rose, and the AFA's Bryan Fischer, who has gained infamy with his vicious rhetoric about gays and lesbians, Muslims, African Americans and progressives. I wrote a letter to Romney warning him about associating himself with Fischer -- he didn't respond.
The Religious Right leaders that Romney is eager to curry favor with aren't just hostile to gays, Muslims and the social safety net -- many have expressed concern or even outright hostility to Romney's own Mormon faith. Fischer recently confronted Romney's faith, declaring that there is "a direct contradiction between Mormon theology and the teaching of Jesus Christ." A writer for a leading Religious Right publication declared, "If Mitt Romney believes what the Mormon Church teaches about the world and how it operates, then he is unfit to serve." As Romney angles himself into an increasingly extreme GOP, he will have to make nice to those who insult not only his past politics but his core religious beliefs.
At the Faith and Freedom Conference this weekend, Romney will have a similar opportunity to reinforce his social conservative bona fides while tying in his newly adamant anti-gay and anti-choice positions with the Tea Party's love of pro-corporate anti-tax talk. Ralph Reed, the resurgent mastermind behind the Christian Coalition, will perhaps be the perfect ally in his effort to paint himself as a true Tea Party candidate who wants small government for corporations and big government for individuals. Reed was, after all, partly responsible for bringing the passion of American evangelicals to the Republican anti-regulation agenda and schmoozes equally comfortably with Pat Robertson and Jack Abramoff. He is the perfect power-broker for an age when GOP politicians are supposed to oppose universal health care while supporting IRS involvement in abortions - the niche that Romney is trying to carefully fit himself into.
Romney will try to take advantage of the GOP base's newfound love of tax breaks for the rich, while continuing to pretend that he never supported choice and gay rights and reasonable environmental and health policies. If he can get away with it, he'll be the perfect candidate for today's ultraconservative GOP. But either way, he's bound to become a powerful symbol of just how far to the Right you have to go to make it in today's Republican Party.
Cross posted on The Huffington Post
The House has passed an amendment that would withdraw federal funding from health centers that teach abortion techniques. The sponsor of this proposal, Rep. Virginia Foxx, who previously asserted that the hate crime murder of Matthew Shepard was just a “hoax,” doesn’t think taxpayer dollars should be spent teaching health care providers to perform abortions, but at what cost?
Recent Guttmacher Institute research has shown that from 2000 to 2008, while most groups of women had a decline in abortion rates, poor women’s abortion rates were rising. "That abortion is becoming increasingly concentrated among poor women suggests the need for better contraceptive access and family planning counseling. It certainly appears these women are being underserved," says study author Rachel K. Jones. "Antiabortion restrictions and cuts to publicly funded family planning services disproportionately affect poor women, making it even more difficult for them to gain access to the contraceptive and abortion services they need."
Foxx’s proposal amends a bill to put funding restrictions on President Obama’s health care reform law, scaling back funding to graduate-level health care education. The provision would provide an extra hurdle standing between low-income women and health care services. If women who are struggling financially having difficulty now, imagine the complications they’d face if their doctors have had an incomplete medical training. And if keeping doctors in the dark isn’t a women’s health risk, we don’t know what is.