Tag: Politics

U.S. District Judge Susan Bolton has placed an injunction some of the most controversial parts of the Arizona Immigration Law stating that they are likely to be held unconstitutional. The judge has blocked sections that

– Require a police officer to make a reasonable attempt to check the immigration status of those they have stopped;

– Making it a violation of Arizona law for anyone not a citizen to fail to carry documentation;

– Creating a new state crime for trying to secure work while not a legal resident;

– Allowing police to make warrantless arrests if there is a belief the person has committed an offense that allows them to be removed from the United States.

“There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law),” Bolton ruled. “By enforcing this statute, Arizona would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.”

Judge Bolton ruled only on the lawsuit brought by the Justice Department. There are seven other lawsuits.

Here is the link via Scribd to the ruling.

h/t to TPM and AMERICA blog

Up Date: Judge Bolton’s decision is based on the the Supremacy Clause of the Constitution.

The Supremacy Clause is a clause in the United States Constitution, Article VI, Clause 2. This clause asserts and establishes the Constitution, the federal laws made in pursuance of the Constitution, and treaties made by the United States with foreign nations as “the Supreme Law of the Land” (using modern capitalization). The text of Article VI, Clause 2, establishes these as the highest form of law in the American legal system, both in the Federal courts  and in all of the State courts, mandating that all state judges shall uphold them, even if there are state laws or state constitutions that conflict with the powers of the Federal government. (Note that the word “shall” is used here and in the language of the law, which makes it a necessity, a compulsion.)

The text of the Supremacy Clause

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

“Punting the Pundits“ is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Maureen finally realizes this war is futile.

Maureen Dowd: Lost in a Maze

The waterfall of leaks on Afghanistan underlines the awful truth: We’re not in control.

Not since Theseus fought the Minotaur in his maze has a fight been so confounding.

The more we try to do for our foreign protectorates, the more angry they get about what we try to do. As Congress passed $59 billion in additional war funding Tuesday, not only are our wards not grateful; they’re disdainful.

Washington gave the Wall Street banks billions and in return, they stabbed us in the back, handing out a fortune in bonuses to the grifters who almost wrecked our economy.

Washington gave the Pakistanis billions and in return, they stabbed us in the back, pledging to fight the militants even as they secretly help the militants.

We keep getting played by people who are playing both sides.

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During the debate over war funding on Tuesday, Representative James McGovern, a Democrat from Massachusetts, warned that we are in a monstrous maze without the ball of string to find our way out.

“All of the puzzle has been put together and it is not a pretty picture,” he told the Times Carl Hulse. “Things are really ugly over there.”

“Punting the Pundits“ is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Joan Walsh: Fox News’ 50-state Southern strategy

CNN’s “Reliable Sources” from Sunday is worth watching. American University’s Jane Hall has the best quote, in my opinion: The former Fox contributor said Shirley Sherrod was the victim of “virtual world McCarthyism.” I wasn’t that disciplined or clever in my comments. I was angry at the attempt to make this story about the Obama administration (I’ve already stated my objections to how Obama handled the mess), to whitewash the role of Fox in the scandal, and to try to turn the tables on Shirley Sherrod and insist she’s wrong to call either Fox or Breitbart “racist.”

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The most important point is this: Fox News has, sadly, become the purveyor of a 50-state “Southern strategy,” the plan perfected by Richard Nixon to use race to scare Southern Democrats into becoming Republicans by insisting the other party wasn’t merely trying to fight racism, but give blacks advantages over whites (Fox News boss Roger Ailes, of course, famously worked for Nixon). Now Fox is using the election of our first black president to scare (mainly older) white people in all 50 states that, again, the Democratic Party is run by corrupt black people trying to give blacks advantages over whites (MSNBC’s Rachel Maddow laid out this history last week).

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Watch the video for yourself, and see what I said. First of all, the idea that any journalist is wasting his or her time policing Shirley Sherrod’s rhetoric on race, after what she’s been through, is absurd. But what I said was, I think her charges of racism by Fox and Breitbart are justified. Both are peddling a false story of all the nonexistent ways white people are hurt and/or oppressed by blacks; in particular, our black president. In my book, that’s racist; others may disagree. I didn’t give Sherrod carte blanche to peddle hatred of white people (not that she would if I gave it to her).

It’s not my job, either way. Fox and Breitbart are far more powerful, and dangerous, than Shirley Sherrod. They should be ashamed of themselves, but they’re shameless.

“Punting the Pundits“ is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Glen Greenwald: The WikiLeaks Afghanistan leak

The most consequential news item of the week will obviously be — or at least should be — the massive new leak by WikiLeaks of 90,000 pages of classified material chronicling the truth about the war in Afghanistan from 2004 through 2009.  Those documents provide what The New York Times calls “an unvarnished, ground-level picture of the war in Afghanistan that is in many respects more grim than the official portrayal.”  The Guardian describes the documents as “a devastating portrait of the failing war in Afghanistan, revealing how coalition forces have killed hundreds of civilians in unreported incidents, Taliban attacks have soared and Nato commanders fear neighbouring Pakistan and Iran are fueling the insurgency.”

The White House has swiftly vowed to continue the war and predictably condemned WikiLeaks rather harshly.  It will be most interesting to see how many Democrats — who claim to find Daniel Ellsberg heroic and the Pentagon Papers leak to be unambiguously justified — follow the White House’s lead in that regard.  Ellsberg’s leak — though primarily exposing the amoral duplicity of a Democratic administration — occurred when there was a Republican in the White House.  This latest leak, by contrast, indicts a war which a Democratic President has embraced as his own, and documents similar manipulation of public opinion and suppression of the truth well into 2009.  It’s not difficult to foresee, as Atrios predicted, that media “coverage of [the] latest [leak] will be about whether or not it should have been published,” rather than about what these documents reveal about the war effort and the government and military leaders prosecuting it.  What position Democratic officials and administration supporters take in the inevitable debate over WikiLeaks remains to be seen (by shrewdly leaking these materials to 3 major newspapers, which themselves then published many of the most incriminating documents, WikiLeaks provided itself with some cover).

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Whatever else is true, WikiLeaks has yet again proven itself to be one of the most valuable and important organizations in the world.  Just as was true for the video of the Apache helicopter attack in Baghdad, there is no valid justification for having kept most of these documents a secret.  But that’s what our National Security State does reflexively:  it hides itself behind an essentially absolute wall of secrecy to ensure that the citizenry remains largely ignorant of what it is really doing.  WikiLeaks is one of the few entities successfully blowing holes in at least parts of that wall, enabling modest glimpses into what The Washington Post spent last week describing as Top Secret America.  The war on WikiLeaks — which was already in full swing, including, strangely, from some who claim a commitment to transparency  — will only intensify now.  Anyone who believes that the Government abuses its secrecy powers in order to keep the citizenry in the dark and manipulate public opinion — and who, at this point, doesn’t believe that? — should be squarely on the side of the greater transparency which Wikileaks and its sources, sometimes single-handedly, are providing.

“Punting the Pundits“ is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

The Sunday Talking Heads:

This Week: Treasury Secretary Timothy Geithner.  Gov. Chris Christie (R-NJ).  Roundtable: Sam Donaldson, Cokie Roberts, Donna Brazile, Stephen Hayes.

CBS’ Face The Nation: Abigail Thernstrom, Vice Chair, U.S. Commission on Civil Rights. Michael Eric Dyson, Georgetown University. Cornel West, Princeton University. John Fund, Wall Street Journal Columnist. Michael Gerson, Washington Post Columnist.

Chris Matthews: Amy Walter The Hotline; Howard Fineman Newsweek; John Heilemann New York Magazine; Cynthia Tucker Atlanta Journal-Constitution.  Topics: Will African Americans Stick With Obama This Year?  Will This Year’s Elections Be an Historic Wave Year, and Is it Better for Obama to Lose Control of Congress?

CNN’s State of the Union: Gen. Michael Hayden on national intelligence.  FinReg with Mort Zuckerman. Christopher Edley Jr., Dean of University of California, Berkeley School of Law and past member of the Commission on Civil Rights,  and contributing editor to the Manhattan Institute City Journal and conservative commentator John McWhorter on race.

Fareed Zakaria – GPS: Afghanistan – U.S. Special Representative Richard Holbrooke; plus Richard Haass, Council on Foreign Relations; George Packer, New Yorker and Bret Stephens of the Wall Street Journal.  Then Harvard historian Niall Ferguson and Lord Robert Skidelsky: to spend or not to spend.  Plus oil drilling in the Niger Delta.

Frank Rich: There’s a Battle Outside and It Is Still Ragin’

This country was rightly elated when it elected its first African-American president more than 20 months ago. That high was destined to abate, but we reached a new low last week. What does it say about America now, and where it is heading, that a racial provocateur, wielding a deceptively edited video, could not only smear an innocent woman but make every national institution that touched the story look bad? The White House, the N.A.A.C.P. and the news media were all soiled by this episode. Meanwhile, the majority of Americans, who believe in fundamental fairness for all, grapple with the poisonous residue left behind by the many powerful people of all stripes who served as accessories to a high-tech lynching.

“Punting the Pundits“ is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Paul Krugman: Addicted to Bush

For a couple of years, it was the love that dared not speak his name. In 2008, Republican candidates hardly ever mentioned the president still sitting in the White House. After the election, the G.O.P. did its best to shout down all talk about how we got into the mess we’re in, insisting that we needed to look forward, not back. And many in the news media played along, acting as if it was somehow uncouth for Democrats even to mention the Bush era and its legacy.

The truth, however, is that the only problem Republicans ever had with George W. Bush was his low approval rating. They always loved his policies and his governing style – and they want them back. In recent weeks, G.O.P. leaders have come out for a complete return to the Bush agenda, including tax breaks for the rich and financial deregulation. They’ve even resurrected the plan to cut future Social Security benefits.

Bob Herbert: Thrown to the Wolves

The Shirley Sherrod story tells us so much about ourselves, and none of it is pretty. The most obvious and shameful fact is that the Obama administration, which runs from race issues the way thoroughbreds bolt from the starting gate, did not offer this woman anything resembling fair or respectful treatment before firing and publicly humiliating her.

Moving with the swiftness of fanatics on a hanging jury, big shots in the administration and Bill O’Reilly of Fox News came to exactly the same conclusion: Shirley Sherrod had to go – immediately! No time for facts. No time for justice.

What we have here is power run amok. Ms. Sherrod was not even called into an office to be fired face to face. She got the shocking news in her car. “They called me twice,” she told The Associated Press. “The last time, they asked me to pull over to the side of the road and submit my resignation on my BlackBerry, and that’s what I did.”

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Eugene Robinson: Obama needs to stand up to ‘reverse racism’ ploy

After the Shirley Sherrod episode, there’s no longer any need to mince words: A cynical right-wing propaganda machine is peddling the poisonous fiction that when African Americans or other minorities reach positions of power, they seek some kind of revenge against whites.

A few of the purveyors of this bigoted nonsense might actually believe it. Most of them, however, are merely seeking political gain by inviting white voters to question the motives and good faith of the nation’s first African American president. This is really about tearing Barack Obama down.

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The Sherrod case has fully exposed the right-wing campaign to use racial fear to destroy Obama’s presidency, and I hope the effect is to finally stiffen some spines in the administration. The way to deal with bullies is to confront them, not run away. Yet Sherrod was fired before even being allowed to tell her side of the story. She said the official who carried out the execution explained that she had to resign immediately because the story was going to be on Glenn Beck’s show that evening. Ironically, Beck was the only Fox host who, upon hearing the rest of Sherrod’s speech, promptly called for her to be reinstated. On Wednesday, Vilsack offered to rehire her.

Shirley Sherrod stuck to her principles and stood her ground. I hope the White House learns a lesson.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

David Sirota on Tax Cuts and Stupid Wars

In a terrific column for Tax.com, Pulitzer-Prize winner David Cay Johnston breaks down new government data and puts USA Today’s whole “lowest tax bills since 1950” revelation into dollars and cents we can all understand:

 

 In 1979 federal taxes for the median-income household totaled $6,100, but in 2007 taxes slipped to $6,000. That $100 decline, measured in 2007 dollars, understates what a bargain taxes have become. Back in 1979 federal taxes equaled 18.7 percent of comprehensive household income. By 2007 incomes had grown 28 percent in real terms, so the tax burden not only dropped in absolute dollars, it also fell as a share of median comprehensive income to 14.4 percent. So over 28 years median income has risen in real terms by $9,100 while federal taxes have fallen by $100.

As Johnston points out, this is not something you hear very much about from journalists — or as he puts it, “those who play journalists on television talk shows.” And you certainly don’t hear it from congressional Republicans or rank-and-file conservatives, who continue to bewail allegedly high taxes as our biggest problem, despite the real emergency of cash-strapped communities now slashing police forces, tear up roads and even outsource entire municipal workforces.

Robert Reich says We’re in a One-and-a-Half Dip Recession

We’re not in a double-dip recession yet. We’re in a one and a half dip recession.

Consumer confidence is down. Retail sales are down. Home sales are down. Permits for single-family starts are down. The average work week is down. The only things not down are inventories — unsold stuff is piling up in warehouses and inventories of unsold homes are rising — and defaults on loans.

The 1.5 dip recession should be causing alarm bells to ring all over official Washington. It should cause deficit hawks to stop squawking about future debt, blue-dog Democrats to stop acting like Republicans, and mainstream Democrats to get some backbone.

This is your morning Open Thread. Pour a cup of your favorite morning beverage and review the past and comment on the future.

On this day in 1933, Wiley Post becomes the first person to fly solo around the world traveling 15,596 miles in 7 days, 18 hours and 45 minutes.

Like many pilots at the time, Post disliked the fact that the speed record for flying around the world was not held by a fixed-wing aircraft, but by the Graf Zeppelin, piloted by Hugo Eckener in 1929 with a time of 21 days. On June 23, 1931, Post and his navigator, Harold Gatty, left Roosevelt Field on Long Island, New York in the Winnie Mae with a flight plan that would take them around the world, stopping at Harbour Grace, Flintshire, Hanover twice, Berlin, Moscow, Novosibirsk, Irkutsk, Blagoveshchensk, Khabarovsk, Nome where his airscrew had to be repaired, Fairbanks where the airscrew was replaced, Edmonton, and Cleveland before returning to Roosevelt Field. They arrived back on July 1, after traveling 15,474 miles in the record time of 8 days and 15 hours and 51 minutes. The reception they received rivaled Lindbergh’s everywhere they went. They had lunch at the White House on July 6, rode in a ticker-tape parade the next day in New York City, and were honored at a banquet given by the Aeronautical Chamber of Commerce of America at the Hotel Astor. After the flight, Post acquired the Winnie Mae from F.C. Hall, and he and Gatty published an account of their journey titled, Around the World in Eight Days, with an introduction by Will Rogers.

His Lockheed Vega aircraft, the Winnie Mae is on display at the National Air and Space Museum’s Steven F. Udvar-Hazy Center, and his pressure suit is being prepared for display at the same location. On August 15, 1935, Post and American  humorist Will Rogers were killed when Post’s aircraft crashed on takeoff from a lagoon near Point Barrow, in Alaska.

OK, I admit that I got you to read this because of its title, but it is not too far from the plot of the old, classic horror flick.  In a nutshell, everyone turns against each other, except for the Living Dead that were united because they had no brain tissue of their own.

The classic line of the film was uttered by the Sheriff, who said, after being asked a question about the motives of the Living Dead, deadpan,, “They’re all messed up.  They’re dead.”

Thus is the performance of the entire cast of the unfortunate episode about the Shirley Sherrod episode, with everyone being brain dead except for her (who acted with dignity), the vile Breitbart, and the FOX “News” Channel.  Please read more.  This is more opinion than fact, but the film puts it in a sort of bizarre perspective.