Tag Archives: Jim Newell

The Dean Is Dead

Adam Bernstein in the Washington Post:

David S. Broder, 81, a Pulitzer Prize-winning columnist for The Washington Post and one of the most respected writers on national politics for four decades, died Wednesday at Capital Hospice in Arlington of complications from diabetes.

Mr. Broder was often called the dean of the Washington press corps – a nickname he earned in his late 30s in part for the clarity of his political analysis and the influence he wielded as a perceptive thinker on political trends in his books, articles and television appearances.

In 1973, Mr. Broder and The Post each won Pulitzers for coverage of the Watergate scandal that led to President Richard M. Nixon’s resignation. Mr. Broder’s citation was for explaining the importance of the Watergate fallout in a clear, compelling way.

As passionate about baseball as he was about politics, he likened Nixon’s political career to an often-traded pitcher who had “bounced around his league.”

He covered every presidential convention since 1956 and was widely regarded as the political journalist with the best-informed contacts, from the lowliest precinct to the highest rungs of government.

Joel Achenbach:

If there were a more decent and generous journalist in our business than David Broder, I’ve never met the person.

Broder (“David” to everyone in the hallway, the elevator, the campaign filing center, of course) remained the consummate collegial figure long after — decades after — earning the status of “dean of the Washington press corps.” He had no pretense in him. He was a big-name pundit, but, most of all, he was a thing we used to call “a newspaper reporter.” He knocked on doors to the very end of his career, interviewing voters, getting to know the local political organizers, never promoting himself to a rank too exalted to conduct shoe-leather reporting or pound out a deadline story in a cold gym in some remote corner of New Hampshire or Iowa.

Who am I kidding: He loved those gyms! And the tighter the deadline, the better.

He could turn his analytical eye on his own reporting: Read this story by Broder, in which he expresses doubts about his influential report of Ed Muskie becoming tearful in the snow outside the Union-Leader office in the 1972 New Hampshire primary. Maybe it was just melting snow!

Steve Benen:

Regular readers know that I was often critical of Broder’s columns, but my critiques were driven in part by high expectations — the man was a giant of political journalism.

And even when I disagreed with his analysis, it was impossible not to respect his tenacity and his decency.

Best wishes go out to his family and friends.

David Weigel:

Last September, I traveled to Delaware to interview Rep. Mike Castle and his challenger, Christine O’Donnell, about a soon-to-be-infamous primary election. Castle and I talked for a long while he shook hands with voters outside the Arden Fair.

“This is becoming a pretty big deal,” Castle said. “You just missed David Broder. He came up here to interview me about the race.”

Broder, at that point, was about to turn 81 years old. He hadn’t just beaten me to the story, he’d beaten me by a month, traveling up to Delaware to interview Castle and introduce readers to Chris Coons, a “worthy match” who could actually win. After Castle lost the primary, the political press — myself included, reluctantly — spent countless pixels covering O’Donnell. But Coons won. If you had read Broder’s reporting, you would have expected that.

I can think of nothing more satisfying than doing what you love, doing it well, and making your readers more informed about the world because of the information you’re gathering. I’m deeply grateful to Broder for doing that for so many people over such a long time.

Philip Klein at American Spectator:

Broder was working up until the very end, and anybody who covers politics for a living has probably bumped into him at one point or another. I remember covering the Rudy Giuliani campaign during a cold weekend in New Hampshire in November 2007, and Broder, then in his late 70s, was touring along. I noticed him at one event, standing in the back, his hand slightly shaking as he took notes the old fashioned way while younger reporters were running around with digital recorders and scrambling to upload video on their laptops.

I wondered whether I’d still find the campaign trail so alluring when I reached that age.

Jim Newell at Gawker:

A few quick facts about David Broder:

  • He was only a car or two behind President Kennedy when he was assassinated in 1963. He was proud of his ability to show no human emotion during this traumatic episode for the country. This is probably how he secured “dean” status, by preventing himself from writing with any sort of sadness or sympathy during the assassination of a golden-boy president several yards away.
  • He hated the Clintons and led the moralistic Beltway howl against President Clinton during the Monica Lewinsky scandal. It was the angriest he’d ever been in his life, when he heard about Bill Clinton getting a hummer from Monica Lewinsky.
  • He liked compromise and bipartisanship as ends in themselves, had no real interest in analyzing specific pieces of legislation, and was an original proponent of many other familiar Washington media traits, like “both sides do it.” For more, google High Broderism.
  • He was an important figure in 1972’s The Boys on the Bus, one of the earliest media-centric books showcasing the depravity of “pack journalism” on the campaign trail.

David Dayen at Firedoglake:

The phrase “Broderism” became a signifier in the blogosphere for a certain type of self-regarding faux-centrism which always seemed to side with deficit peacocks over everyone else, and defaulted to the position that the midpoint between any two issues was always the wisest course.

Broder’s book “The System,” about the failure of the Clinton health care plan in the 1990s, is actually a highly regarded work. But for many years, he seemed to have been writing the same column over and over, attacking the extremes of political debate in favor of the sensible center.

Nevertheless, Broder had a very strong pull on national politics, and was considered within Washington as the dean of the national press corps. So his death changes that landscape, however subtly

 

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The Party Of No?

Nick Baumann at Mother Jones:

Rape is only really rape if it involves force. So says the new House Republican majority as it now moves to change abortion law.

For years, federal laws restricting the use of government funds to pay for abortions have included exemptions for pregnancies resulting from rape or incest. (Another exemption covers pregnancies that could endanger the life of the woman.) But the “No Taxpayer Funding for Abortion Act,” a bill with 173 mostly Republican co-sponsors that House Speaker John Boehner (R-Ohio) has dubbed a top priority in the new Congress, contains a provision that would rewrite the rules to limit drastically the definition of rape and incest in these cases.

With this legislation, which was introduced last week by Rep. Chris Smith (R-N.J.), Republicans propose that the rape exemption be limited to “forcible rape.” This would rule out federal assistance for abortions in many rape cases, including instances of statutory rape, many of which are non-forcible. For example: If a 13-year-old girl is impregnated by a 24-year-old adult, she would no longer qualify to have Medicaid pay for an abortion. (Smith’s spokesman did not respond to a call and an email requesting comment.)

John Cole:

I’m curious if Conor F. will call me shrill or over the top or accuse me of using vile rhetoric if I point out that this makes the GOP objectively pro-rape, to borrow some warblogger terminology from years gone by. That’s right, ladies- the only way you are allowed any say in a pregnancy resulting from rape is if the rapist roughed you up a bit. Otherwise, the fetus rules

Jim Newell at Gawker:

The fact that “forcible rape” has no real meaning as a federal legal term makes this all the more obnoxious.

Oh, and what about the incest exception? “As for the incest exception, the bill would only allow federally funded abortions if the woman is under 18.” You figure out the rationale on that one.

Charles Johnson at Little Green Footballs

Vanessa Valenti at Feministing:

So what’s your damage, guys? Boehner? Smith? Because all this does is make it all the more obvious of exactly how anti-woman your agenda is. Shame on you all.

James Joyner:

While I’m rather queasy about the whole thing, but am not convinced it’s as bad as all that.

First, as Benen acknowledges, this is simply a sop to the social conservative base.  It has zero chance of being passed into law, given that it’s not going to make it through the Senate, much less with enough votes to secure an override of President Obama’s inevitable veto.

Second, the rape exception was never logical but rather a concession to an emotional issue.  That is, if one believes a fetus at a given stage of development is a human life worthy of protection by law, the events leading to the pregnancy are irrelevant.  We don’t, after all, countenance the murder of post-birth children conceived pursuant to rape. But the idea that a woman should be forced to bear the emotional trauma of carrying a constant reminder of a violent, awful crime for nine months — and then be forced to either look at the child every day or bear the alternative trauma of giving up the baby — is just so emotionally wrenching that we’ve carved out an exception.  The fact that rape cases account for an infinitesimal fraction of abortions in this country also helps.

But does this really hold in the case of a statutory rape which, despite the name, frequently isn’t really a rape at all?   Again, this is a queasy subject.   We can all agree that a 9-year-old lacks the emotional maturity to give meaningful consent to sex with an adult and that an adult who violates a child is a rapist.   But we’ve raised the bar on childhood in recent years, extending it well into puberty. Within living memory, it was common, at least in rural areas, for girls to marry and start having children in early puberty.  Generally, with men significantly older than they were. Now, though, most states make it a crime for a 19-year-old to have consensual sex with their 16-year-old girlfriend.

Is a pregnancy arising from that circumstance really comparable to one arising from being jumped in a dark ally by a stranger and violated under threat of death?  Really?

But here’s the thing:  the sponsors of this bill aren’t proposing that we do away with statutory rape laws.  Indeed, they’re in common cause with those who made and enforce those laws. So, they’re in the bizarre position of both supporting the criminalization of teenage sex and yet arguing that the girl who the law says lacks maturity to consent to sex nonetheless has the maturity to have a child arising from said sex.

Furthermore, they’re undermining their own case here.   Abortion is already legal under most circumstances in America, a position that’s not going to change.  And government funding for abortion has been withheld almost as long; that’s also not going to change.    So, why attempt to move the bar ever-so-slightly in a direction that most Americans — including your core supporters — are going to find uncomfortable?   Especially when you know damned well that you can’t actually succeed?

Steve Benen:

In all likelihood, this bill, like the ACA repeal measure, wouldn’t stand much of a chance in the Senate, and would surely draw White House opposition.

But the fact that the bill actually reflects Republican priorities, and will almost certainly pass the House with overwhelming GOP support, speaks volumes.

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In The Future, All Our Politicians Will Have Battle Hymns

The Daily Caller:

An elderly couple performs the “Sarah Palin Battle Hymn” sung to the tune of “The Battle Hymn Of The Republic.”

Set to the tune of the Civil War-era “The Battle Hymn of the Republic,” this Sarah Palin Battle Hymn is credited to Tom Dempsey and Gary McVay. The lyrics compliment Palin on everything from her common sense to her lack of a Harvard Law degree.

Complete with a slide guitar solo and spoken-word monologue, the song asserts that “with God and the tea party,” Palin is going to take back Washington. It appears the video was recorded in a church, but the exact location is uncertain.

I was going to respond to Ross Douthat’s insistence that Sarah Palin doesn’t matter (he wishes!) but then felt this fantastic nugget of hathos would rebut him more directly

Doug Mataconis:

Honestly, I’m not even sure what to say about this.

Xeni Jardin at Boing Boing:

Hold me. Hold me tight, internet.

Jim Newell at Gawker:

Want to hear old people sing Sarah Palin‘s praises to the tune of “The Battle Hymn of the Republic”? Well, enjoy this clip of “Sarah Palin Battle Hymn” anyway! It will be our national anthem when Palin becomes president.

Jonathan Chait at TNR:

Say what you will about pro-Obama kitsch, but it had high production values. This is what happens when the entire cultural elite is affiliated with one party. There has to be somebody out there who can write a better song about Sarah Palin.

Wonkette:

Did you love those creepy old people just cold doin’ Kountry Karaoke in the metal-building church with super-fine new lyrics all about how Sarah Palin has the hottest ass in the Grandma Department? Yah bay-bay us 2, also Wonkbot got its sex on & dropped this summer jam about how she want to get with Sarah, oh lawd, and her daughter, think her name is Bristol.

Sorry.

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Seriously, There Is No Better Way For 2010 To Go Out Than This Mash-Up

Justin Elliott at Salon:

Andy Sullivan, a construction worker and Brooklyn native, has been one of the loudest opponents of Park51, the planned mosque and community center near ground zero. Founder of the 9/11 Hard Hat Pledge — under which construction workers vow not to work at the mosque site — Sullivan has been a regular presence on television, known for wearing his signature American flag hard hat and talking tough about radical Muslims.

So it was quite a surprise this month to read that Sullivan has set his sights on a new target: Canadian teen pop superstar Justin Bieber.

Mosque foes recently started a boycott of Bieber after he made comments in support of the mosque project in an interview with Tiger Beat, a teen fan magazine, Sullivan told WYNC earlier this month. Now, his 8-year-old daughter and 11-year-old son have been banned from attending Bieber performances.

“I informed them, ‘Hey guys, guess what? Justin Bieber spoke out for the ground zero mosque,” Sullivan explained to Salon in an interview. “My little girl took down his poster and said she didn’t want to have nothing to do with him anymore. These are my kids. They’re living this thing.”

A Facebook page has been set up by an ally of Sullivan publicizing the boycott of Bieber and several other pro-mosque celebrities. It has attracted nearly 500 fans.

Intrigued by the idea that Bieber would weigh in on one of the most polarizing political issues of the day, I began looking for his interview with Tiger Beat.

The magazine does cover Bieber obsessively (“Justin Bieber Dodges Dating Selena Gomez Question!” and “Did Justin Bieber Grow a Mustache?” are two recent features). But I couldn’t find any sign of an interview on Park51. There is, however, a post on the website CelebJihad.com purporting to describe a Tiger Beat interview. It reads in part:

In an interview with Tiger Beat, the pop sensation stressed that freedom of religion is what makes America great, and went on to say that those who oppose the Mosque are motivated by bigotry.

“Muslims should be allowed to build a mosque anywhere they want,” the singer said. “Coming from Canada, I’m not used to this level of intolerance, eh.”

Bieber went on to say that Muslims are “super cool,” Christians are “lame-o-rama,” and that the mosque will help “start a dialogue” with all religions about which Justin Bieber song is the most awesome.

“I was like seven when September 11th went down, and frankly I’m surprised people are still going on about it. Move on, already!”

Celebjihad.com seems to specialize in softcore celebrity porn, but poke around a bit and you find this disclaimer:

CelebJihad.com is a satirical website containing published rumors, speculation, assumptions, opinions, fiction as well as factual information

I was able to reach the proprietor of the site, who confirmed that the Bieber item is in fact a hoax. “[T]he fact that some people take it seriously is hilariously depressing,” he said in an e-mail.

John Del Signore at The Gothamist:

Welcome to The United States of Dumberica, 2010 2011. Andy Sullivan, a construction worker who’s been at the forefront of the “Ground Zero mosque” resistance, says his eight-year-old daughter and 11-year-old son have been banned from attending Bieber concerts. “I informed them, ‘Hey guys, guess what? Justin Bieber spoke out for the ground zero mosque,” Sullivan tells Salon. “My little girl took down his poster and said she didn’t want to have nothing to do with him any more. These are my kids, they’re living this thing.”

And a Facebook group has added Bieber to their list of “companies who support the Ground Zero Mosque.” In the weeks since, Bieber—his career in ruins—has been spotted singing backup in a Bachman-Turner Overdrive cover band, gigging in shabby hotel lobbies across the rust belt. But the former pop star still begins each set, performed for a smattering of his last die hard fans, with a defiant shout of Allah Hu Akbar. Then it’s all Takin’ Care of Business.

Wonkette:

Let’s go to the Facebook comments!

Her avatar clues us in to the fact that she has very modern views.
Haha, this CHILD is so immature he has probably never even called a Muslim a mean name! Spending your time on Facebook opposing the theoretical construction of a single building in a city of skyscrapers thousands of miles away is how you act like an adult, you idiot!

Actually, a lot of periods!
Those Canadians just do not understand that you have to bomb Muslim countries and in turn get bombed by crazed Muslims. It’s called being a hero!

Jesus! Hey! Over here! There's a pop star in trouble!
Poor Canada, living peacefully and inclusively with its peaceful Muslim population for decades. Perhaps, if we let Jesus know, He will help them murder the Muslims in their sleep.

Jim Newell at Gawker

Glynnis MacNicol at Business Insider:

Meanwhile the rest of us are left to wonder whether the August news cycle is going to be a 12 month affair in 2011.

David Weigel:

There’s some point to be made here about the gullibility and outrage addiction that kicked off the “GZM” furor in the first place, but it’s probably too obvious.

Doug Mataconis:

If you needed confirmation that American political culture was in fact totally absurd, you’ve just found it.

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Piss Christ, Part II: Antz

Penny Starr at Newsbusters:

The federally funded National Portrait Gallery, one of the museums of the Smithsonian Institution, is currently showing an exhibition that features images of an ant-covered Jesus, male genitals, naked brothers kissing, men in chains, Ellen DeGeneres grabbing her breasts, and a painting the Smithsonian itself describes in the show’s catalog as “homoerotic.”

The exhibit, “Hide/Seek: Difference and Desire in American Portraiture,” opened on Oct. 30 and will run throughout the Christmas Season, closing on Feb. 13.

“This is an exhibition that displays masterpieces of American portraiture and we wanted to illustrate how questions of biography and identity went into the making of images that are canonical,” David C. Ward, a National Portrait Gallery (NGP) historian who is also co-curator of the exhibit, told CNSNews.com.

crucifix 3  npg

A plaque fixed to the wall at the entrance to the exhibit says that the National Portrait Gallery is “committed to showing how a major theme in American history has been the struggle for justice so that people and groups can claim their full inheritance in America’s promise of equality, inclusion, and social dignity. As America’s museum of national biography, the NPG is also vitally interested in the art of portrayal and how portraiture reflects our ideas about ourselves and others.

crucifix 4

An ant-covered Jesus/crucifix in “A Fire in My Belly” video, part of the ‘Hide/Seek’ exhibit at the Smithsonian’s National Portrait Gallery. (CNSNews.com/Penny Starr)

Victor Davis Hanson at Pajamas Media:

Its title is coyly encrypted in postmodern bipolarity: “Hide/Seek: Difference and Desire in American Portraiture.” And the exhibition apparently is full of Mapplethorpe-inspired gay-related imagery and offers us an image of Jesus being swarmed over by ants. Clever, brave, bold, shocking. Or in the words of the overseers of the federally-subsidized National Portrait Gallery, such artistic courage proves how the gallery is now “committed to showing how a major theme in American history has been the struggle for justice so that people and groups can claim their full inheritance in America’s promise of equality, inclusion, and social dignity.”

But once more all that verbiage turns out to be just Sixties-ish lingo for about the same old, same old:

  1. Abject cowardice—since if a theme were really religious intolerance, why not portray Mohammed in lieu of Christ, inasmuch as contemporary Islam is far more intolerant of gays and liberated women than the so-called Christian West. Such a video might better exhibit just how “committed” these federal artistic bureaucrats were to “equality, inclusion, and social justice.”
  2. Mediocrity—dressing up talentless soft-core pornographic expression with federal catch-phrases and subsidies ensures a venue for junk art that most otherwise would neither pay to see nor ever exhibit.
  3. Politics—all this is supposedly sort of revolutionary, full of neat phrases like “committed”, “struggle for justice”, “full inheritance”, “equality”, “inclusion”, and “social dignity”, and all the empty vocabulary that mostly upscale white nerds like a Bill Ayers employ when they want to tweak and embarrass the gullible liberals who support and pay for their nonsense.

The Jawa Report:

If these “artists” really wanted to be daring and controversial, they’d create an ant-covered Quran exhibit. But the cowards take the path of least resistance and then applaud their own courage in the face of minuscule risk.

Don Suber

Ann Althouse:

“If they’ve got money to squander like this – of a crucifix being eaten by ants, of Ellen DeGeneres grabbing her breasts, men in chains, naked brothers kissing…”

“… then I think we should look at their budget,” said Georgia Rep. Jack Kingston, a member of the House Appropriations Committee, scaring the Smithsonian Institution into taking down the ants-on-Jesus video. Cowed, the Institution nevertheless defended the artist, whose “intention was to depict the suffering of an AIDS victim.” The museum assures us it had no “intention to offend.”

John Nolte at Big Hollywood:

Another turn in this story, again via CNS News, and in my opinion a hollow threat from John Boehner and Eric Cantor:

House Speaker-to-be John Boehner (R-Ohio) is telling the Smithsonian Institution to pull an exhibit that features images of an ant-covered Jesus or else face tough scrutiny when the new Republican majority takes control of the House in January. House Majority Leader-to-be Eric Cantor (R.-Va.), meanwhile, is calling on the Smithsonian to pull the exhibit and warning the federally funded institution that it will face serious questions when Congress considers the next budget.

CNSNews.com had asked both congressional leaders if the exhibit should continue or be cancelled and both indicated it should be cancelled. …

“Smithsonian officials should either acknowledge the mistake and correct it, or be prepared to face tough scrutiny beginning in January when the new majority in the House moves to end the job-killing spending spree in Washington,” Smith said.

When asked to clarify what exactly Boehner meant by calling on the Smithsonian to “correct” their mistake with the exhibit, Smith said Boehner wanted the exhibit “cancelled.”

Cantor, meanwhile, said the exhibit should be “pulled.”

I’m sure some on the Left will scream censorship, but this is what happens when an institution takes money from the government, or anyone else. If the Smithsonian depended on big private donors to fund this junk, those big private donors would likely demand a say in what their money’s used for. Same with Congress, and not just in the arts. Whether you’re on welfare or a big corporation receiving subsidies, all taxpayer money comes with certain conditions.

The problem is that there’s no teeth behind this threat. The time to end the grossly immoral practice of funding the arts (and PBS) in every shape, manner and form was sometime between 2002 and 2006 when Republicans controlled both houses of Congress and the White House. Pardon my cynicism, but if the Republicans didn’t have the sand to do it then, they sure don’t now with even less power; so you can bet the Smithsonian isn’t exactly shaking in their boots.

Jim Newell at Gawker:

Update:

That didn’t take too long. The ant-covered Jesus is now gone. From TBD.com:

The National Portrait Gallery has removed a work of art from a GLBT-themed exhibition after it attracted conservative and religious ire for its images of homosexuality and Christianity. Director Martin Sullivan announced the removal of A Fire in My Belly by artist David Wojnarowicz after conservative news service CNS wrote yesterday that the “Christmas-season exhibit,” which opened in October, used taxpayer money to indirectly fund an exhibition that includes imagery of genitalia, homoerotic situations, and Christ covered in ants.

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Filed under Art, Politics, Religion

The Sound Of Silence: Awkward, Painful, And Beheaded

Ben Smith at Politico:

Arizona Governor Jan Brewer’s opening statement in last night’s debate reflects either an amazing lack of preparation, or sheer panic.

John Hudson at The Atlantic with the round-up

Chris Good at The Atlantic:

As a guy who also sometimes chokes in this fashion, I’ve gotta feel for Brewer here. Then again, maybe she just hadn’t prepared adequately.

Brewer’s main opponent, Democratic Attorney General Terry Goddard, jumped on Brewer for claiming, in that stumbling start, that she balanced the budget. The state faces an estimated $700 million budget shortfall, according to an August staff presentation from the Arizona legislature’s Joint Legislative Budget Committee.

Jim Newell at Gawker:

Hey, Arizona immigration law haters who are looking for some schadenfreude: it’s popcorn time. Because here’s a clip of Arizona Gov. Jan Brewer last night giving one of the worst debate opening statements… ever? Sure, let’s go with “ever.”

Ann Althouse:

Seriously, what is wrong with this woman? That is scary.

Steve Benen:

It really is bizarre, and kind of painful to watch. An opening statement is the easy part — a quick introduction, highlight a few talking points, something about getting stuff done, ask for support, and move on. It’s the part of a debate in which folks tend to memorize a short spiel so they come across as competent and set a good impression for the rest of the debate.

Brewer just had a breakdown of sorts. Worse, she seems to be referring to notes in front of her — which would seemingly tell her what to say if she forgets — but which didn’t help.

By my count, there’s a full nine seconds in which a stumped Brewer says literally nothing. That may not sound like a long time, but on the air, during a debate, it’s an eternity.

Brewer is, by the way, the sitting governor. She’s not some fringe candidate included in the debate as a courtesy — Brewer is currently the chief executive of Arizona, and has been on the campaign trail for months.

I kind of doubt this will have a huge impact on the polls — Brewer may be an unprepared right-wing dolt, but she’s the strong favorite in November — but this minute-long video will serve as a reminder for campaigns for quite a while.

Update: But wait, there’s more. When the subject turned to Brewer’s bogus claims about “beheadings,” she got even more confused.

Adam Serwer at Greg Sargent’s place:

This is pretty painful to watch. But her later reaction (flagged by Rachel Weiner) to her Democratic opponent, Terry Goddard*, who hammered her for exaggerating the extent of crime in Arizona with tales of beheadings in the desert, is even worse.

Doug Mataconis:

One can only imagine that Brewer dodged the question because she has no evidence to support her outlandish claims, and she knows it.

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The Two Propositions Of The Day: Proposition 8

Andrew Sullivan with the ruling

Marc Ambinder:

Here’s what you need to know about Judge Vaughn Walker’s decision invalidating California’s Proposition 8, a referendum, passed by voters, that banned same-sex marriage. The decision itself will be appealed, and Walker’s reasoning could serve as the basis for argument at the appellate level — or, the appeals court could decide to argue the case a completely different way.

What matters are the facts that Walker finds. Why? As Chris Geidner notes, “[the] judge or jury who makes the findings of fact, however, is given deference because factual determinations are aided by the direct benefit of the judge or jury at trial. On appeal, Judge Walker’s findings of fact will only be disturbed if the appellate court finds any to be clearly erroneous.”

Walker, in his decision, writes that “Proposition 8 fails to advance any rational basis in singling out gays and lesbians for denial of a marriage license.”  He evaluates as credible witnesses the panel of experts who testified against Proposition 8, and finds fault with the credentials of several witnesses who testified against same-sex marriage, including David Blankenhorn, President of the Institute for American Values.

“Blankenhorn’s testimony constitutes inadmissible opinion testimony that should be given essentially no weight,” Walker writes. “Blankenhorn gave absolutely no explanation why
manifestations of the deinstitutionalization of marriage would be exacerbated (and not, for example, ameliorated) by the presence of marriage for same-sex couples. His opinion lacks reliability, as there is simply too great an analytical gap between the data and the opinion Blankenhorn proffered.”

Jacob Sullum at Reason:

The arguments for banning gay marriage are so weak, Walker said, that they fail even the highly deferential “rational basis” test, which applies in equal protection cases that do not involve a “suspect classification” such as race. “Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians,” he wrote. “The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite sex couples.”

The decision is bound to be appealed and may ultimately reach the Supreme Court. The text of Walker’s opinion is available here. The Los Angeles Times has excerpts here. I discussed the equal protection argument for federal recognition of state-approved gay marriages here and here. More to come.

Rachel Slajda at Talking Points Memo:

In his findings of fact, Walker pointed out that California “has never required that individuals entering a marriage be willing or able to procreate.”

He also notes that slaves were unable to marry.

“The states have always required the parties to give their free consent to a marriage. Because slaves were considered property of others at the time, they lacked the legal capacity to consent and were thus unable to marry. After emancipation, former slaves viewed their ability to marry as one of the most important new rights they had gained,” he wrote.

Walker also noted that past marriage inequalities have included the prohibition of interracial marriage and coverture, in which a woman’s identity is subsumed by her husband’s.

Chris Rovzar at New York Magazine

The Brad Blog:

Great news for real conservatives who believe in the U.S. Constitution and its guarantee of equal protection under the law! A U.S. District Court Judge, first nominated by Ronald Reagan and then appointed under George H.W. Bush, has struck down CA’s Prop 8 which added an amendment to the state constitution banning same-sex marriage equality. The state’s majority Republican-appointed Supreme Court had previously found no basis for banning same-sex marriage in the CA constitution. That finding was, in effect, overturned at the ballot box in November 2008 by Prop 8 which ended same-sex marriage in the state and left thousands of marriages in limbo until today’s finding.

Jim Newell at Gawker:

CNN is going to gay bars in San Francisco on TV right now, for reactions. (Update: No one was in the gay bars so they stopped. Lame empty gay bars!)

You can read the full decision here. The judge found it unconstitutional under both the due process and equal protection clauses. The ruling is expected to be appealed and could end up at the Supreme Court.

Steve Benen:

The full ruling from Judge Walker, an appointee of President H.W. Bush, is online here.

Note, the case will now go to the 9th Circuit Court of Appeals, which tends to be pretty progressive. Many legal experts I’ve spoken to expect the Supreme Court to eventually hear the case.

In the meantime, the decision is heartening. The arc of history is long, but it continues to bend towards justice.

Jesse Zwick at The Washington Independent:

Looking ahead, it will be interesting to see what kind of role the issue of same-sex marriage, so incendiary in California in 2008, will play in the midterm elections in the state this November. The Courage Campaign, a progressive online organizing network based in California and formed partly in response to the passage of Prop 8, has been busy pointing out the role of the National Organization of Marriage (NOM), the main nonprofit behind the passage of Prop 8, in backing California candidates like GOP senate hopeful Carly Fiorina.

“In NOM, Carly Fiorina has aligned herself with a fringe group that relies on lies and fear to advocate discrimination and second-class citizenship for millions of loving American families,” Courage Campaign Chairman and Founder Rick Jacobs said in a press release. “Bigotry is not a family value and it has no place in the United States Senate.”

The National Organization of Marriage, already under fire for failing to disclose its donors to state election officials in Iowa and Maine, has now joined up with the Latino Partnership for Conservative Principles, an initiative of American Principles in Action, and the Susan B. Anthony List, a pro-life women’s network, to back Fiorina through the “Tus Valories” (Your Values) Campaign, an independent expenditure on the part of American Principles in Action.

bmaz at Firedoglake:

The common wisdom is that the prospects for upholding Judge Walker’s decision in the 9th Circuit are good. I agree. However, the common fear is that the ever more conservative and dogmatic Roberts Court will reverse and ingrain the discrimination, inequality and hatred of Proposition 8 and its supporters deep into American law and lore. I am much more optimistic this is not the case.

As the inestimable Linda Greenhouse noted recently, although the Roberts Court is increasingly dogmatically conservative, and Kagan will move it further in that direction, the overarching influence of Justice Anthony Kennedy is changing and, in some ways, declining. However, there is one irreducible characteristic of Justice Kennedy that still seems to hold true; she wrote of Kennedy:

…he embraces whichever side he is on with full rhetorical force. Much more than Justice O’Connor, whose position at the center of the court fell to him when she left, Justice Kennedy tends to think in broad categories. It has always seemed to me that he divides the world, at least the world of government action — which is what situates a case in a constitutional framework — between the fair and the not-fair.

The money quotes of the future consideration of the certain appeal and certiorari to come on Judge Walker’s decision today in Perry v. Schwarzenegger are:

Laws designed to bar gay men and lesbians from achieving their goals through the political process are not fair (he wrote the majority opinion striking down such a measure in a 1996 case, Romer v. Evans) because “central both to the idea of the rule of law and to our own Constitution’s guarantee of equal protection is the principle that government and each of its parts remain open on impartial terms to all who seek its assistance.”
……
In a book titled “Justice Kennedy’s Jurisprudence,” a political scientist, Frank J. Colucci, wrote last year that Justice Kennedy is animated by an “ideal of liberty“ that “independently considers whether government actions have the effect of preventing an individual from developing his or her distinctive personality or acting according to conscience, demean a person’s standing in the community, or violate essential elements of human dignity.” That is, I think, a more academically elegant way of saying fair versus not-fair.

So the challenge for anyone arguing to Justice Kennedy in the courtroom, or with him as a colleague in the conference room, would seem to be to persuade him to see your case on the fair (or not-fair, depending) side of the line.

I believe that Linda is spot on the money with her analysis of what drives Anthony Kennedy in his jurisprudence. And this is exactly what his longtime friend, and Supreme Court advocate extraordinaire, Ted Olson will play on and argue when the day arrives. It is exactly what Vaughn Walker has ingrained in to and framed his extraordinary decision today on.

Today is one of those rare seminal days where something important and something good has occurred. Fantastic. The beauty and joy of equality, due process and equal protection under the Constitution of the United States of America.

UPDATE: Dahlia Lithwick at Slate

Orin Kerr

Ilya Shapiro at Cato

Tom Maguire

William Duncan at NRO

Eugene Volokh

UPDATE #2: James Taranto at WSJ

Scott Lemieux

Dan McLaughlin at Redstate

Jim Antle in The American Spectator

UPDATE #3: David Frum at CNN

Steve Chapman at Reason

UPDATE #4: Legal Insurrection

Allah Pundit

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