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May 13th, 2012

Sowing The Wind

Brad DeLong asks…

Is American Democracy Broken?

This post on his blog is apparently a talk he gave at the second Berkeley Faculty Club symposium on American Politics and Democracy.   He begins by noting he is out of his comfort zone discussing these matters, being an economist and not a political scientist.   You should read it anyway because he brings to it the same thoughtful, insightful thinking he brings to economics.

I want to quote some of its passages…

An economist is going to start thinking about democracy with Tony Downs’s economic theory of same. First-past-the-post electoral systems and office-seeking politicians should produce a two-party system. Office-seeking candidates simply won’t join any third party because their chances of election will be too small. Only those who want to make some ideological or demonstrative point rather than to actually win office and then make policy–cough, Ralph Nader, cough–will do so. Hence the stable configuration has two parties. And then the two parties hug the center and follow policies attractive to the median voter.

Ideology will matter–politicians do not run purely for love of office but rather to then make the country into what they regard as a better place. There will be swings to the left, to the right, to the up, to the down, to the forward, to the back. But the policy views of the median voter ought, according to Tony Downs, function as a strong attractor and we should not expect the policies implemented by the politicians who get elected to deviate far from them.

Now there are qualifications. It is the median voter, not the median citizen.George W. Bush became president not because his policies came closer to the preferences of the median person who voted on that Tuesday in November but because his policies came closer to the preferences of the median Supreme Court justices Anthony Kennedy and Sandra Day O’Connor. Gerrymandering and misapportionment–cough, the Senate, cough–matter a lot. But these are qualifications. Tony Downs made a very strong case that first-past-the-post electoral systems will produce policies that the median voter likes. Thus in this sense the electorate gets the government it deserves. If there are problems, the problems are in the minds of the voters rather than in the Democratic system.

That is the economist’s not theory, not analysis, but rather prejudice. theory. Political scientists will scorn it as hopelessly naïve. But it is the benchmark from which I start.

In a democracy…in a healthy functional democracy, the middle will act as a check on the extremes. This isn’t necessarily a good thing, like when the middle position still favors segregation of the races and the second class status of women as it did here in the 1950s.   But the point is the voters generally get the government they asked for, or in H.L. Mencken’s lovely phrase, “Democracy is based on the theory that the people know what they want and deserve to get it good and hard.”

But the middle does not like republican policies. I could go on and on about that but it’s basically a fact that the polls show next to no public support for republican economic policies, which are generally understood to benefit only the richest of the rich. Yet those are the policies we get, often with lackluster democratic opposition, if any. So what happened?

Now let me shift and talk about our experience here in America since I got to Washington in early 1993, carrying spears for Alicia Munnell in Lloyd Benson’s Treasury Department in the Clinton administration.

Clinton was a centrist Democrat. The Clinton administration’s priorities were by and large, with exceptions–gays in the military–what you might call “Eisenhower Republican” priorities. Expand healthcare coverage so there were fewer uninsured and fewer people dumped by ambulances on the corners of the Tenderloin. But also control government healthcare cost which were then ballooning out of control–even though we didn’t know what “ballooning out of control” really meant. Balance the budget. End welfare as we know it–thus buying into the Republican critique of the Depression-era belief that raising children was real work–even if you were not married to a rich husband who was the chief executive of Bain Capital–and a socially-valuable task. Passing NAFTA. Creating the World Trade Organization. Strengthening Social Security through a combination of tax increases, benefit cuts, retirement=age increases, mandated private accounts requiring individuals to contribute their own money over and above Social Security (as an add-on but not a carve-out, as a supplement to and not a substitute for Roosevelt’s New Deal’s Social Security).

All of these seemed to us in the early 1990s to be bang-on the median voter’s preferences, Eisenhower Republicans. Clinton Democrats. We in the Bentsen Treasury at the start of 1993 looked forward to doing an awful lot of technocratic work–cranking out centrist legislation approved by large bipartisan majorities.

We found Republicans cooperative on NAFTA.

We found Republicans pushing for welfare reform–but only to the extent of passing things that were so highly punitive that they could not believe any Democratic president could in good conscience sign them. But Clinton fooled them. He signed welfare reform–and then spent some time in 1996 campaigning on the message: “re-elect me because only I can undo some of the damage that I have done to the welfare system”. Which was true. And which he did.

Otherwise…

That was the old game. Hammer out compromise legislation and move on because at the end of the day what was important to both sides was keeping the country strong and prosperous, even if they had different ideas of how to go about that, even if it meant their individual constituencies didn’t get everything they wanted. Everyone agreed at the end of the day that the government still had to function and it’s work needed to get done.

But notice how the center as defined by Bill Clinton was by then way further to the right on economic policy then it was at any time since The New Deal. What was happening was since Watergate the republicans had become more radicalized and the democrats just kept playing the old game of Find The Center.   And over a span of just a few elections that had moved the center way to the right. What happened next was the logical outcome of that.

Otherwise the Republicans when I got to Washington at the start of 1993 decided that they were going to adopt the Gingrich strategy: oppose everything the Democratic president proposes, especially if it had previously been a Republican proposal and priority. That is not a strategy that would ever be adopted by anybody who wants to see their name written in the Book of Life.

But Gingrich found followers.

And so things that we in the Bentsen Treasury all expected to happen, did not happen. We had expected that sometime between January and June 1994 Lloyd Bentsen’s chief healthcare aide would sit down with Bob Dole’s chief healthcare aide. We had expected that they would hammer out a deal so that people in the future would never be as dependent on on charity for their healthcare as Bob Dole was when he returned injured from World War II.

That meeting never happened. Bob Dole decided he would rather join Gingrich to try to portray Clinton as a failure. So Bob Dole never got a legislative accomplishment out of his years in Congress. Instead, he got to lose a presidential election. And I now remember Bob Dole not as the co-architect of health care reform in 1994 but as somebody who denounced Roosevelt and Truman for getting us into those Democrat wars that saved Europe from the Nazis, China and the rest of Asia from Imperial Japan, and that have allowed South Koreans to grow five inches taller than their North Korean cousins.

As my friend Mark Schmitt wrote in his review of Geoffrey Kabaservice’s book about the moderate Republicans, Rule and Ruin, the moderate Republicans were partisan Republicans first and Americans second…

Exactly.   He goes on to give an account of this just getting worse and worse, first with Clinton and the impeachment circus, then, massively so, with president Obama.

Then came Obama in 2009 and 2010. My friends–Christina Romer, Lawrence Summers, Peter Orszag, and company–headed off to Washington to plan a Recovery Act that they thought would get 25 Republican votes in the Senate. It was a squarely bipartisan fiscal stimulus: this tax cut to make the Republicans stand up and applaud, this infrastructure increase to make the Democrats applaud, this increase in aid to the states to make the governors and state legislators applaud.

It didn’t get 25 Republican votes in the Senate. It got 3.

On healthcare reform, Barrack Obama’s opening bid was the highly-Republican Heritage Foundation plan, the plan that George Romney had chosen for Massachusetts.

RomneyCare got zero republican votes.

On budget balance Obama’s proposals have not been the one-to-one equal amounts of tax increases and spending cuts to balance the budget of Clinton 1993 or Bush 1990. Obama’s proposals have been more along the lines of $1 of tax increases for every $5 of spending cuts.

And the Republicans rejected them

And so on…   DeLong starts the time of the breaking of our democracy with Gingrich.   That’s likely because he saw it first hand there in Washington.   But Gingrich was the next logical outcome down a course the republicans have been relentlessly following since Nixon and the Southern Strategy.

In the years after the civil war and the first and second world wars, we thought of ourselves as one country. Regardless of where people stood on the left/right spectrum there was this general sense that at the end of the day we were all Americans and there was a love of country that moderated all but the lunatic fringe. Nixon understood that this e pluribus unum mindset would leave a party that by then existed simply to represent the interests of big business, the rich and the powerful in a permanent minority status.

Working Americans were fine with The New Deal.   As long as the prosperity of the working class was rising the tide for the upper classes too the republican establishment was fine with just tinkering around the edges.   But it couldn’t last.   Eisenhower was conservative on many social issues, weak on civil rights and civil liberties, but not overtly hostile as the Nixon/McCarty branch of the party was. He was the last of the moderate republicans who believed that a healthy middle class was necessary to the vitality of the economy and the security of the United States.

Nixon hated the elites, the intellectuals, the liberals.   He positioned himself as the champion of the common man against the elites.   But it was those elites who had improved the status of the common man, and now threatened to do the same for women and minorities. Nixon was no great friend to the rich and powerful either, but as they would decades later in a man called Dubya they saw in Nixon’s paranoia and bottomless hatred someone who might just break the New Deal coalition of labor, rural and urban voters. And then they could go back to what they were doing back in Hoover’s Day…getting rich quick in the Wall Street casino.

Divide the country and we’ll have the bigger half Pat Buchanan told Nixon.   But without a doubt Nixon took that advice because he was already considering it.   Divisive pit American against American campaigning had been his method of winning elections since his first run for congress.   They simply scaled the Nixon technique up and made it a permanent American against American cold war. Very deliberately they sought to replace in the working class voter love of country with love of tribe.   No more of this e pluribus unum communist socialist nonsense.   And like Gingrich would decades later, they found allies.   White blue collar workers who hated black people.   Males resentful toward independent women.   Rural voters who loathed big city people with their big city morals and ideas.   Poor people jealous of union workers with their union paychecks.   Christian fundamentalists who loath the people in the church across the street.

When you got right down to it, America was a country of the imagination only.   It wasn’t a nation by blood and ancestry.   Our shared history is very brief compared to what the peoples of Europe, Asia and South America see as their own.   The United States is a nation based on a political ideal of liberty and justice for all. The social contract was simply that we had each others backs when it came to that liberty and justice for all thing. Your freedom in the pursuit of happiness is as dear to me as my own. We are all Americans.   As long as that held true a party of the rich and powerful would never win very many elections or wield enough power to impose its will on the majority.   But the New Deal majority was a coalition of many diverse parts of working America and the republicans became expert at playing them against each other, that they might rule over all.

When Scott Walker was caught talking about using a divide and conquer strategy he wasn’t just talking about himself or just breaking the unions: this has been the essential republican strategy for gaining and keeping power since Nixon. Divide the country, set working American against working American, and in the end the rich and powerful take all. And it’s worked.

One thing I have learned from watching the Wall Street boys run the country is they’re not very good at it, and at some level they might even know they’re not very good at it.   But they don’t care about running the country, they just want to get it out of their way so they can chase some more money.   It’s all about the money chase with them.   When the economy tanks, when the stock market goes bust, when banks and businesses go bankrupt right and left, they blame everyone but themselves.   They’re like a bunch of drunk drivers convinced they’re fit to drive because they haven’t killed anyone yet, and when they do it was an accident and it was dark and that pedestrian just jumped right out in front of them and they didn’t mean to do it so stop treating them like criminals.   Once upon a time the nation had laws against their sort of drunk driving. Those laws were there to protect the rest of us. But those law got in their way.     Who are you to tell me I can’t drink and drive…it’s my car and my taxes paid for the highway and if I can’t drink and drive then it’s not a free country and all you other drivers on the road are socialists.

The money chase is all they care about.  The New Deal coalition got in their way so they set about busting it apart. If in the process of doing that they ripped America apart too and put the nation at risk of catastrophic social upheaval that isn’t important. If once the brakes are off their reckless driving crashes the economy to smithereens and the lives of honest hard working Americans are destroyed and the future strength and security of the nation is placed in jeopardy that isn’t important.   They don’t care about America.  They are citizens of the stock market.

by Bruce | Link | React!

May 2nd, 2012

The Valiant Struggle To Protect Whiteness From All The Scary Shadows Everywhere You Look, And Also The Monster Under The Bed

Once again, via Joe. My God

According to poll workers and a freelance journalist who was present, the wife of the author of North Carolina’s Amendment One says that her husband wrote the bill to “protect Caucasians.”

Chad Nance, a Winston-Salem freelance journalist who is currently active in electoral campaigning, says poll workers outside the early voting site at the Forsyth County Government Center in downtown Winston-Salem reported to him that the wife of NC Sen. Peter Brunstetter remarked today that her husband sponsored legislation to put the marriage amendment on the primary ballot “to protect the Caucasian race.”

When I read that headline I assumed it would be some crackpot bullshit about the birth rate.   But no.   The article goes on to quote her saying that…somehow…protecting the Caucasians from same-sex marriage involves protecting their state constitution from activist judges.

If you’re not sure how opposing same-sex marriage protects Caucasians don’t worry…it doesn’t have to make sense to you.   To the bigot everything is about the war against the hated other, whether it’s gays, people of color, other religions, people who speak funny languages…whomever.   They have a lot of racism down there and I’m sure somehow this makes sense to all of them.   Opposing same-sex marriage is about protecting the white race.   Probably opposing daylight savings time is too.

by Bruce | Link | React!

April 30th, 2012

There Is No Gender Pay Discrimination And Anyway Why Aren’t You In The Kitchen Woman??

This from Steve Benen on the Rachel Maddow blog…

The problem of ‘working from different facts’

If you didn’t catch “Meet the Press” yesterday, you missed a lively conversation about, among other things, women’s votes in 2012 and the policy controversies that have put women’s issues at the forefront of the political landscape.

As you’ll see in this clip, around the 5:20 mark, Rachel noted the pay disparity between men and women in this country, which prompted some unexpected pushback (and incessant interruptions) from Republican strategist Alex Castellanos.

Unexpected?   Like the incessant interruptions?   Golly it’s almost as if they wanted to just shut you up woman…

The angle to this to keep in mind is that the Republicans on the panel, Castellanos and Rep. Cathy McMorris Rodgers (R-Wash.), simply reject the available facts on the wage gap. Despite ample evidence that shows women make less than men for the same work, Castellanos chooses to believe his own version of reality in which that’s not the case.

There’s simply no shared foundation of reality, which in turn shapes the policy debate in unproductive ways. The left sees gender-based pay disparity and looks for mechanisms to address the problem; the right rejects the existence of the disparity and sees no use for the solutions because, to them, there is no problem.

If I may…no. Just…no. You’re giving the right way too much credit for making a good faith argument here.

The problem isn’t that they don’t think gender pay disparity exists. They know damn well it exists.   They don’t think that’s a problem.   It is instead but a simple The Way God And Nature Intended Things To Be truth.   Women just don’t belong in the workplace, let alone the family planning clinic.   Giving them equal pay diminishes the rightful status of men and encourages women to abandon their role as child bearers and housekeepers.   That said, the right also knows that in this day and age, at least here in the decadent west if not in many areas of the righteous middle east, people are generally sickened by caveman attitudes toward women.   This is part of what they see as the decline of civilization.   It’s getting so men can’t drag their women around by the hair anymore! So rather then give people their honest reasons why discrimination against women is a good thing they’re spreading a line of propaganda to the effect that there is no discrimination.

Wage discrimination?   No such thing!   So nothing to see here people….move along…move along…

Now can we get back to preventing insurance from paying for contraception…?

by Bruce | Link | React!

April 29th, 2012

Life In The Shining City On The Hill

Seen on Twitter: “Family of four sitting in the patio furniture section of Costco eating picnic lunch made up entirely of samples. #theamericandream”

I remember as a kid, listening to mom’s tales of the Great Depression.   Little did I know those stories would prepare me for life in 21st century America…

by Bruce | Link | React!

January 28th, 2012

Howdy Pagan!

Newt Gingrich says yesterday that same-sex marriage is paganism. Presumably unlike having a wife and a mistress.

by Bruce | Link | React!

January 10th, 2012

You Keep Using That Word, ‘Think’…

This cracks me up

In the current issue of the center-right policy journal, National Affairs, former Bush domestic policy adviser Tevi Troy worries about the decline of Washington think tanks into partisan messaging operations.

Stop…stop…you’re killing me.   Seriously, on what planet were most beltway think tanks, and especially AEI and Heritage, ever not partisan messaging operations?

Yes, yes, liberal “think tanks” exist, but how many global corporations and multi-billionaires are going to fund a think tank that starts from an ideologically liberal economic position?   Right wing and conservative “think tanks” basically rule the beltway discourse and you always know what their conclusions will be, and which party will happily benefit from them.   Their non-partisanship is a farce.   They are think tanks like Intelligent Design is science.

There’s a rule of thumb about think tanks: If you already know what the conclusion is before you pick up the paper and read it, it is not a think tank. Rand is a think tank.   Let me explain by this example from Wiki:

In 1958, Democratic Senator Stuart Symington accused the RAND Corporation of defeatism for studying how the United States might strategically surrender to an enemy power. This led to the passage of a prohibition on the spending of tax dollars on the study of defeat or surrender of any kind. However, the senator had apparently misunderstood, as the report was a survey of past cases in which the U.S. had demanded unconditional surrender of its enemies, asking whether or not this had been a more favorable outcome to U.S. interests than an earlier, negotiated surrender would have been.

See how that works.   They asked a question they didn’t already know the answer to and set about to answer it.   No ideology, just answers. AEI and Heritage, to name two, begin with the answer in the form of an ideological position (unconditional surrender is always the most favorable outcome) and try to figure out a way to message that for the benefits of republicans.

What these organizations do is tactical rhetoric, not thinking.   Thinking is where you search for answers, not fashion attractive political battle flags.   Thinking takes you into undiscovered places.   That’s not allowed in organization like AEI, which Frum found out when he got the boot for not towing the line.   These are party instruments, nothing more nothing less.   They exist precisely to discourage thinking.   You are told what to think.   Or at any rate, what to say that you think.

Witness the decline in American governance.   We can’t confront the real problems that exist because our institutions of government are mired in ideologies which demand fealty over everything else.   Facts don’t matter, only the party matters, and free thinking is treason to the party.   And so our ability as a nation to grow and prosper into the 21st century is limited to what the ideologies in power will allow, and that isn’t much.   We were promised a shining city on a hill.   What we got were factories closed, wages devastated, pensions lost, entire neighborhoods in foreclosure and state and local governments teetering on the brink of bankruptcy.   Yet the ideologies that promised us that shining city are never held to account.   For all the think tanks in Washington, not a whole lot of thinking is actually going on.

by Bruce | Link | React!

November 20th, 2011

Everything New, Is Old Again

Some days I feel like nothing at all has changed in forty years

At Saturday’s GOP presidential forum in Iowa, newly minted frontrunner Newt Gingrich tore into the Occupy Wall Street movement, pointing to it as a symbol of exactly what’s wrong with America. “All the Occupy movement starts with the premise that we all owe them everything,” he explained. “That is a pretty good symptom of how much the left has collapsed as a moral system in this country, and why you need to reassert something as simple as saying to them, ‘Go get a job, right after you take a bath'”

There is an unpopular war going on, protestors are in the streets, cops fly into sickening displays of police brutality at every peaceful protest they show up at, and right wing politicians are telling the dirty fucking hippies to take a bath.   When did 2011 turn into 1972 and can I at least have my eighteen year old body back?

by Bruce | Link | React!

October 11th, 2011

My Country ‘Tis of Thee…

Are there no prisons?   Are there no workhouses?

by Bruce | Link | React!

September 29th, 2011

Q: How Can You Tell When A Homophobic Bigot Is Lying…?

Answer: Their mouth is moving.   This, from Joe. My. God

Yesterday we enjoyed the evisceration of anti-gay NC Sen. James Forrester at the hands of Michelangelo Signorile, who got rather incredulous at Forrester’s lack of HIV knowledge, especially considering that Forrester claims to be a Fellow with the esteemed American College of Preventive Medicine. As it turns out, THAT WAS A FUCKING LIE.

Pam Spaulding has the delicious dirt via contributor Scott Rose, who got this response from the ACPM:

Thanks for bringing this to our attention. The quick answer to your questions is that Dr. Forrester is not, and never has been, a member of ACPM (much less a Fellow, which is our highest designation of membership). However, this is troubling to us, too, that he’s apparently claiming to be a Fellow of ACPM, and we would like to know where Dr. Forrester is making these proclamations so that we can approach him and demand that he cease falsely using ACPM credentials in his campaign or wherever else he’s using it. If you can point us to some places where he’s using those credentials, we’d be most appreciative. Many thanks.

This you may recall, is the Upstanding All-American Heterosexual Christian Pillar Of His Community…

…who   introduced the current anti same-sex marriage amendment in the North Carolina Senate, and whose rational for doing that was in part, his longstanding work as a physician and Fellow at the American College of Preventive Medicine dealing with the medical problems of homosexuals.

When all is said and done, the only problem I have with bigots who live in their own alternate reality is they can’t actually go live there, they have to keep inflicting their fantasy world on the rest of us in the reality based community.   That said, it is occasionally sweet to watch reality bite them in the ass from time to time.   I stopped waiting long ago, for any of them to learn anything from the experience.   I just bask in the schadenfreude.   Can you at least take that little tin North Carolina Flag lapel pin off your jacket while you’re looking your fellow senators in the face and lying through your teeth?   Try to be respectful of your state flag man.

by Bruce | Link | React!

August 3rd, 2011

Stuck Rubber Congressman

Think Progress tweets: GOP Rep. Steve King: Free birth control will make America “a dying civilization”

Right.   Because children aren’t ever conceived because parents actually want them.   Your parents reminded you of that fact often didn’t they Steve.

by Bruce | Link | React!

July 31st, 2011

Letter To Fred Haitt’s Pathetic Excuse For An Ombudsman…

Date: Sun, 31 Jul 2011 17:12:57 -0400
From: Bruce Garrett
To: ombudsman@washpost.com
Subject: The furor

You write…

Liberals and conservatives don’t talk to each other much anymore; they exist in parallel online universes, only crossing over to grab some explosive anti-matter from the other side to stoke the rage in their own blogosphere.

Followed almost immediately by…

Rubin was hired by Fred Hiatt, editorial page editor of The Post, to be an opinion blogger who would appeal to conservatives and people who want to follow conservative politics. She does.

He hired her in other words, to do for the Post readership what you are bellyaching that blogs are doing to their readers.   You’d think that the newspaper of record in the nation’s capital would set a higher standard for itself.   You’d think.

Maybe your publication should consider the possible consequences of enabling political echo chamber vitriol itself.   You are giving it a legitimacy the blogs could never hope to accomplish.


Bruce Garrett
Baltimore, Maryland.

Haitt hired Rubin because he knew she’d stoke right wing vitriol.   And he hired you because he knew you’d make excuses for that.

by Bruce | Link | React!

July 16th, 2011

Chickens. Home. Roost.

In 1997, the state of Florida made it a felony for someone who is HIV positive to have sexual intercourse without telling their partner. Now…what do you think that means in a state that very specifically defines sexual intercourse only as vaginal sex between a man and a woman.

Correct…

Case overturned because of narrow definition of sex

Last month, the court of appeal overturned a Bradenton woman’s conviction for exposing her female partner to HIV because the sexual acts were between two women. The law “does not apply to her actions,” the 2nd District Court of Appeal said.

The ruling applies statewide, meaning gays and lesbians cannot be convicted of hiding their HIV status from their sex partners, at least for now. Neither can anyone who only engages in sexual acts that do not fit the state’s legal definition of intercourse — “the penetration of the female sex organ by the male sex organ.”

So when Sarasota County authorities arrested an HIV-positive man this week on charges he had anal and oral sex with a 14-year-old boy, the sexual battery charge may stick, but the HIV charge will not…

This reminds me of another case, I think it was also in Florida, where it turned out a man could either not be charged by the state or not be sued by his estranged wife for adultery, because his sexual dalliance was committed with another man not another woman. In this case the oversight was, as the article notes, “…a glitch in the statute that nobody noticed before…” I can’t imagine why.

Well…yes I can. The thinking here clearly is that if we’re written out of the law then they don’t have to worry about some activist judge finding that we have these things called “rights”. So as far as the law is concerned in Florida, only heterosexuals have this thing called sex, and for that matter only when one man’s penis is entering one woman’s vagina. At some point they may also want to specify the missionary position for further clarity.

by Bruce | Link | React!

June 20th, 2011

I See Election Campaigning Has Already Begun

So I see the ex-gay movement held it’s annual medicine show down in Orlando earlier this month…

by Bruce | Link | React! (1)

June 15th, 2011

The Silence That Speaks For Itself

Andrew Sullivan this morning:

Last night, it struck me that every single statement on gay rights by the GOP candidates, however brutal, could have been leavened by some small concession that gays are serving their country honorably, that gays are a part of many families and indeed the American family, that they should not be demonized by the majority, etc. But none of the candidates could say a single positive thing. Or rather they believed they could not survive a GOP primary by saying anything even vaguely positive about gay Americans. In some ways, that’s more telling.

If in the process of conducting your political campaign you give a silent consent to hate then you are just as much a part of the mob as if you had born one of their torches yourself and screamed for blood.   Anyone who cannot muster the moral backbone to denounce hate is unfit to be director of public parking, let alone president of the United States.   It is that simple.

by Bruce | Link | React!

April 27th, 2011

Bullying Tactics

Ah…the predictable backlash against the backlash against the backlash has begun…

Lawyers question firm’s decision to ditch gay marriage case

Atlanta-based law firm King & Spalding won plaudits Monday from gay activists for backing out of an agreement to argue to uphold the federal ban on gay marriage. But a day later the reviews were a bit more bruising in  the legal community.

Top lawyers and law professors, with some notable exceptions, called it an embarrassing blunder by the prestigious firm or  a betrayal of a client and legal principles. Others think King & Spalding, whose clients include General Electric and Coca-Cola, may have backed out because the firm fears the fallout from leading an anti-gay legal fight.

You say that like it’s a bad thing…

King & Spalding’s announcement it would not represent congressional House Republicans in their quest to defend court challenges to the federal Defense of Marriage Act (DOMA)  and the subsequent decision of Paul Clement, the lawyer  in the case, to quit the firm and take it  elsewhere was the talk Tuesday among Yale University Law School faculty, said Lawrence Fox, a Yale professor and expert in legal ethics. DOMA defines marriage “for federal tax, Social Security and other purposes” as only a union between a man and a woman.

“We really go down a bad road if we say law firms can’t take on (controversial)  matters or people will assume you have those views,” said Fox. “I’m going to walk into my class today and I’m going to use this. I’m tearing up my lesson plan …  to talk about this case.”

The nice thing about working in an ivory tower is what you do doesn’t have to have any relationship to the world outside.   Tenure.   It’s only those tiresome homosexuals who have to live there, in the world of the commoners, it’s only they who remember the panic that set in back in 1993 when the Hawaii Supreme Court ruled that same-sex couples could not constitutionally be denied the right to marry.   It’s only those tiresome homosexuals who remember how the party of Lincoln and Fred Phelps pushed through congress the Defense Of Marriage Act to protect American heterosexuals from the damaging effects of having to live in a world where the sordid, brief and barren sexual assignations of homosexuals had the same legal standing as their noble unions of male and female.   It’s only those tiresome homosexuals who remember how the man who stood in front of them and said “I have a vision for America and you’re part of it” signed that bill into law in the dead of night, somewhat less then three years after he folded on his promise to let gay servicemen serve openly and with dignity.   It’s only those tiresome homosexuals who watched as the new republican majority in congress, elected on campaign pledges of jobs, set about immediately to work reassuring their base that the meager gains gay Americans had made while the democrats were in control would not stand, and that they would be steadfast in opposing president Obama’s plan to impose The Gay Agenda on America.

It’s only those tiresome homosexuals who read the steady stream of news reports of same-sex couples beaten down and destroyed by this nation’s abject capitulation to bigotry, month after month, year after year.

Gay couple’s immigration plight: Ailing New Yorker may be torn from spouse over visa

A gay Long Island couple who have played by the immigration rules for more than a decade are stuck in a Catch-22 that could tear them apart just when they need each other most.

New Yorker Edwin Blesch, 70 and his South African husband, Tim Smulian, 65, have been spending six months on Long Island and six months abroad to comply with Smulian’s tourist visa.

But Blesch, who has HIV, suffered several mini-strokes and other complications and is now unable to travel safely.

Smulian is his primary caregiver – but has no way to stay here permanently.

Immigration Officials To Gay Binational Couples: Just Kidding, No Deportation Holds

It’s unclear what will happen to the couples already profiled by major news sources, like Monica Alcota and Cristina Ojeda. The one thing that is clear is that this is a sad day for binational same-sex couples, and for everyone who values America’s tradition of being a place where people can come from anywhere in the world to make a home. Like so many other things, that seems to be a privilege reserved for straight people.

It’s only those tiresome homosexuals who remember their names…names like Laurel Hester.   Not law professors in ivory towers.

Here is a law firm that proudly touted its support for gay Americans in their struggle for equality.   Suddenly it is, in a very high profile way, part of the republican party’s DOMA circus.   Suddenly every attorney, every clerk, every secretary, every intern working for this law firm is under a gag order…not simply to refrain from speaking about the case, but never to breath so much as a word against DOMA.   Imagine that instead of Teh Gay this case was about defending a congressional ban on Jewish ownership of businesses.   How many eyebrows would be raised when a law firm that touted its opposition to antisemitism, suddenly took on the congressional defense of that law, and gagged its partners and staff from ever speaking a word against the segregation of Jews?   Who would complain when the law firm withdrew and the jackass antisemitic partner who dragged them into that despicable case left to pursue it on his own, that the Jews had gone too far?

But conscience, and a sense of basic human decency wanders in a lot of people, even now, when it comes to the persecution of gay Americans.   Suddenly persecuting minorities becomes some abstract thing, less important, less real, then the right of republicans to conduct a great circus show of defending marriage against the forces of Obama and Satan, and demonize a segment of America for votes.   The constant rain of gay blood on the streets isn’t even on their moral radar…

HRC is right to fight vigorously to overturn DOMA, which deprives gays and lesbians of many of the rights enjoyed by their heterosexual counterparts. But it sullies itself and its cause by resorting to bullying tactics.

So says The Washington Post.   Bullying tactics?

Details Of Brutal Hate Crime Attack On Damian Furtch Emerge

A gay man was attacked outside a West Village McDonalds for doing nothing more than wearing pink shoelaces and bright clothing, according to the victim.

Damian Furtch, 26, was pummeled early Sunday by two suspects shouting anti-gay epithets, police said.

The beating was the third bias attack in the neighborhood since October.

Bullying Tactics?

Gay Bash Benefits Gay Bashing Victim

On February 22, around 11:00 p.m., Shortell was walking home to his apartment on Kent Avenue and North Fourth Street, a walk that never felt unsafe to him before, when he was brutally attacked by a group of four teenagers. The details were fuzzy after that and as a result of the incident, Shortell suffered a fractured chin and nose; eye sockets and cheekbones, requiring ten hours of immediate surgery, several days in the hospital, and a month of recovery since.

Bullying tactics?   Bullying tactics?   Here’s the problem: the scapegoats aren’t taking it anymore.   They’re fighting back.   Where is the outrage in the corporate news media…the comfortable McMansion in the rich white suburbs corporate news media?   Once again, it’s directed at gay Americans.   For standing up for their human dignity.   For defending themselves against hate.   For fighting back.   Republicans inciting hatred for votes is just Business As Usual.   Gays asking businesses to walk the walk not just talk the talk on civil rights is front page news!   How dare they.   Don’t they know their place anymore?   What is this world coming to, when even homosexuals demand to be treated with respect?   Who told the them they had a right not to be bullied?   It certainly wasn’t us.

by Bruce | Link | React!

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