Law

Freedom to Choose, Freedom to Marry

Is sex evil unless it leads directly to babies? Is marriage only legitimate if it fosters offspring, or is it also for intimacy? The U.S. Supreme Court issued three decisions between June 7, 1965 and Jan. 22, 1973 that collectively give the answer: No. Roe, the last of them, can be thought of as the exclamation mark. As we reflect on the 40th anniversary of that decision, there's another group that has Roe to thank for the rights it enjoys today: LGBT Americans.

Mississippi's Last Abortion Provider

Flickr/kbrookes

Twelve years ago, Dr. Willie Parker was at home listening to Martin Luther King, Jr.’s “I’ve been to the mountaintop” sermon. Parker had heard the words many times before. But this time, he found himself focusing on King’s interpretation of the Bible story of the “good Samaritan,” who stopped to help a man who had been left for dead by robbers. Though others had passed the man by, the Samaritan stopped, King explained, because he didn’t think about the harm that might befall him if he did. Instead, he asked what might happen to the dying man if he did not.

Bill Clinton, Still Wrong about Guns

Flickr/Tim Hamilton

I've spent a good deal of time in the last year pushing back against the twin myths that the NRA delivered Congress to the Republicans in 1994, and then delivered the White House to George W. Bush in 2000. And no one is more responsible for the propagation of those myths, and the fear they inspire among Democratic office-holders, than Bill Clinton. For years, he has told anyone who'd listen that Democrats lost the House in 1994 because he passed an assault weapons ban and gun owners punished his party for it. He'll also say that guns were the reason Al Gore lost to George W. Bush in 2000. And now, at a moment when the prospects for meaningful restrictions on gun proliferation are greater than they have been in two decades, he's at it again.

What's Left of Roe

Barack Obama's re-election might make the landmark decision safe for now, but its meaning has eroded over the years.

(AP Photo/Pablo Martinez Monsivais, file)

Since the ruling was handed down 40 years ago today, Roe v. Wade—which held that the constitutionally guaranteed right to privacy included a woman's right to choose to have an abortion—has been subject to an ongoing legal and political assault. This assault has not succeeded in getting the decision overturned. But it has caused the scope of the opinion to become narrower in ways that have disproportionately affected the rights of women of color, poor women, and women in isolated, rural areas. The re-election of Barack Obama might make Roe safe for the time being, but it is worth taking stock of how its meaning is being eroded and what the future battles would be.

Here a Gun, There a Gun, Everywhere a Gun

A gentleman exercising his rights in a way that won't make anyone else uncomfortable. (Flickr/Teknorat)

As Jaime and I noted yesterday, many Democratic politicians feel the need to preface any discussion of guns with an assurance that they, too, own guns and love to shoot, as though that were the price of admission to a debate on the topic. But what you seldom hear is anyone, politician or otherwise, say, "I don't own a gun and I don't ever intend to" as a statement of identity, defining a perspective that carries moral weight equal to that of gun owners. So it was good to see Josh Marshall, in a thoughtful post, say, "Well, I want to be part of this debate too. I'm not a gun owner and, as I think as is the case for the more than half the people in the country who also aren't gun owners, that means that for me guns are alien. And I have my own set of rights not to have gun culture run roughshod over me." Let me tell you my perspective on this, and offer some thoughts on the question of what sort of a society we want to have when it comes to the question of guns. Because there are two radically different visions that are clashing here.

In the Three Branches, Sharing is Caring

AP Photo/Carolyn Kaster

One of the most misleading things that high school civics classes teach is that the United States government is based on strict separation of powers: Congress legislates, the executive branch carries out those laws, and courts judge.

Obama's Second-Term BFD Agenda

Victor Juhasz

Just after Barack Obama signed the Affordable Care Act into law on March 23, 2010, Joe Biden came up to him and, thinking they were out of range of the microphone, said to the president, “This is a big fucking deal.” If I understand the concept of a BFD in the technical sense that Biden must have had in mind, it’s a historic reform that changes America in a fundamental way. Presidents have other imperative responsibilities, such as upholding the Constitution, keeping the nation safe from foreign threats, and promoting a strong economy. As critical as those are, they are not BFDs; a president who does all those things will probably get re-elected yet receive only brief mention in the history books. To be celebrated by future generations requires the accomplishment of substantial change with enduring benefit. In the language of the political scientist James MacGregor Burns, that is the work of a transformational leader, not merely a transactional one.

Roe v. Wade Was About ... the Environment?

AP Photo/Pablo Martinez Monsivais, file

Of course most young people don’t know what Roe v. Wade is. Why should they? I know nothing about the battle of Dunkirk or the fields of Verdun. Most people have a vague idea about the battles of the past; they care most about the battles they’re fighting today. And for young people, the abortion battle is over; why do they need to know its name?  

Will Congress Pass Obama's Gun-Control Legislation Proposals?

AP Photo/Keith Srakocic

President Obama unveiled his package of proposals to reduce gun violence today, a mix of executive actions he can undertake unilaterally (23 of them) and ideas that will require new laws passed through Congress. I'll tell you what I think about the package as a whole in a moment, but here are the major provisions:

The NRA Opens Fire

In case you were waiting for the National Rifle Association's reasonable, constructive contribution to our current debate on how best to curb gun violence in America, your wait is over. They are locked, loaded, and ready to bring the crazy. This is an ad they put out yesterday, calling President Obama an "elitist hypocrite." Take a gander:

Embracing the Legacy of Torture

John Brennan's nomination for head of the CIA shows the appalling extent to which the worst abuses of the post-9/11 security state have become institutionalized.

Rex Features/Patsy Lynch

Less than a month after Barack Obama was elected in 2008, John Brennan withdrew himself from consideration for head of the Central Intelligence Agency (CIA) because of opposition from liberals, which centered on his role as chief of staff to CIA director George Tenet when the Bush administration's arbitrary detention and torture programs were being developed. It is particularly depressing, then, that Obama has done as a safely re-elected incumbent what he felt he could not do in his first term: Nominate Brennan as head of the CIA. The fact that Brennan has been nominated despite his support for some of the worst abuses of the post-9/11 security state demonstrates the appalling extent to which many of these practices have become institutionalized, as well as the political weakness of defenders of civil liberties.

Media Violence versus Real Violence

In the days since Wayne LaPierre of the NRA blamed the Sandy Hook massacre on violent movies and video games (in particular, for some reason, Natural Born Killers, a film that came out 19 years ago and was actually a critique of the media's obsession with violence), a number of people in the entertainment industry have been asked about whether their products contribute to real-world violence, and they've seemed extremely uncomfortable answering the question. Actually, they seem to have no idea what the answer might be. As it happens, this is a question that has been studied extensively, although the research is a bit ambiguous and unsatisfying. Nevertheless, I thought it might be worthwhile to go over just what evidence there is for the assertion. So if you're a Hollywood big shot, read on so you'll have some idea what to say next time the question comes up.

The Problem with "the Wrong Hands"

The other day, former congresswoman Gabrielle Giffords and her husband Mark Kelly (or as he is for some reason always referred to as, "Astronaut Mark Kelly"; I guess if you're an astronaut you get that) announced that they have started a new initiative, Americans for Responsible Solutions, to push for new laws to limit gun violence. I have great admiration for both of them and I certainly hope they succeed, but there was something I heard Kelly say in an interview that was worthy of note, and a bit unfortunate. He noted that they're not trying to take away anyone's guns, and they're gun owners themselves. They just want to make sure guns stay out of "the wrong hands." The problem with this—and I think it's something well-meaning people probably say a lot without giving it too much thought—is that it assumes that the lines are clear between the right hands and the wrong hands, and if we could just make sure no wrong hands got guns, we'd all be safe.

There are certainly some people who should definitely not have access to guns, like convicted felons, or people with severe mental illness, or teenagers, whose ability to make clear, reasoned judgments is extraordinarily poor. But once you get beyond that, the idea that we can make an a priori distinction between people who should have guns and who shouldn't is a fantasy.

The Clear Legality of the Platinum-Coin Solution

It's likely that early this year we will once again see another debt ceiling crisis, with Republicans in Congress threatening the credit of the United States in order to win unpopular policy concessions. One increasingly popular idea for getting out of this cycle of hostage-taking is for the president to mint a trillion-dollar platinum coin that would allow the federal government to meet its outlays even if Congress refuses to lift the debt ceiling to allow the executive branch to cover the expenditures is has already required.

Assault-Weapon Bans Are Not Enough

Flickr/M Glasgow

The Newtown elementary school massacre has finally sparked a discussion about what to do about the 80 gun deaths in America each day, seven of which are children.

But the dialogue remains constrained, as if we know we have to talk about gun control but we’re still afraid the National Rifle Association (NRA) will scold us as anti-freedom oppressors or start shooting. Beyond the obvious—banning assault weapons and limiting the size of gun clips—there is little information or analysis about concrete reforms that could make a difference. We’re still shying away from basic issues like how criminals, youths, and mass murderers get guns, why existing laws don’t seem to provide rudimentary safety, and why so little attention is paid—and so little responsibility ascribed—to the purveyors and profiteers of the gun industry.

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