What made John Paul Stevens's contributions in his 35 years on the Supreme Court so invaluable was not just the votes he cast but his fiercely intelligent idiosyncrasies. On issues ranging from the fundamental incoherence of trying to use different categories of scrutiny to apply the equal protection clause to the Establishment Clause, to problems presented by the Religious Freedom Restoration Act, to racial discrimination in the War on Drugs, Stevens carved out unique positions that have generally aged much better than the alternatives. So it's gratifying that Stevens has not retired in silence, instead providing valuable commentary on constitutional controversies including the right to vote and the American criminal justice system. Stevens's new book, Six Amendments: How and Why We Should Change the Constitution, represents another valuable and accessible contribution to the country's constitutional discourse.
So Stephen Colbert will be replacing David Letterman when Letterman retires next year, and you'll be shocked to learn that at least one conservative is spitting mad about it. "CBS has just declared war on the heartland of America," said Rush Limbaugh. "No longer is comedy going to be a covert assault on traditional American values, conservative values—now it's just wide out in the open." Funny, I thought Hollywood's assault on traditional American values was pretty overt already.
Our theme today is the future, where everyone is looking. To start, House conservatives are thinking that their future might involve a Speaker other than John Boehner. National Journal reports that a group of 40 to 50 Republicans are plotting to oust Boehner right after the November, or at least put the fear of the right into him.
Senate Republicans blocked the Paycheck Fairness Act yesterday, a bill that would make it illegal for employers to punish workers for discussing wages and would require them to share pay information with the Employment Opportunity Commission. President Barack Obama has already signed an executive order prohibiting federal contractors from punishing employees who talk about their pay. These two actions were pegged to the somewhat made up holiday called “Equal Pay Day” celebrated Tuesday, and were discussed by many in Washington in merely political terms: evidence of attempts by Democrats to woo women voters and a continuing sign of Republicans “difficulties” with them.
As a reader of this web site, you are informed and aware, so you no doubt saw the stories that came out yesterday about the data trove the government just released on what individual doctors bill Medicare. The shocking news was that some have managed to charge the government millions of dollars, including one ophthalmologist, Salomon Melgen, who billed Medicare an incredible $21 million in 2012 alone, and who just happens to be caught up in an investigation of influence peddling with a Democratic senator. But before this story disappears with some head-shaking about scandal and fraud, we should take note of what it teaches us about why we have the most expensive health care system in the world.
This hard-core rock-'n-roller knows his scripture. (Flickr/Center for American Progress)
Let it not be said that conservatives have failed to evolve on the question of gay rights. These days, even if you are adamantly opposed to marriage equality, you're required to express a kind of libertarian attitude toward homosexuality itself. Love the sinner, hate the sin? Not anymore. Now it's love the sinner, and as for the sin, well that's none of my business, you do what you like. But this public display of live-and-let-livism is a rather shocking contradiction with the very grounds on which many conservatives base their beliefs about this issue, namely the Old Testament. I give you Mike Huckabee, speaking yesterday at the Iowa Faith and Freedom Coalition: "I'm not against anybody. I'm really not. I'm not a hater. I'm not homophobic," he said. "I honestly don't care what people do personally in their individual lives."
Well hold on there! You honestly don't care? But doesn't the Bible condemn the act itself? Yahweh doesn't say, "Whatever you do in the bedroom is none of anybody's business, just don't think you can get married." Huckabee, a Baptist minister, certainly knows his scripture, and he explained why he can't change on this issue even if public opinion changes:
In January, two legislators in Virginia’s House of Delegates introduced a bill that should have been uncontroversial. The bulk of HB 612 created new rules for genetic counselors practicing in the state, who had been unregulated and unlicensed. The roughly 95 genetic counselors already working in the state, screening pregnant women and adults for serious inheritable conditions, favored the law, which they saw as an extra layer of patient protection. The bill was so innocuous that by the time it passed in the House in late February, no one seemed to have noticed that it contained a conscience clause so sweeping that could allow counselors to refuse to provide fetal test results for conditions like Down Syndrome or Tay-Sachs Disease—the information patients came to them for in the first place—if they believed it could cause a woman to terminate her pregnancy.
There have been many odd and interesting developments in American conservatism in the last few years, but there are few that liberals find more incomprehensible than the belief among many conservative Christians that not only are they currently being oppressed for their religious beliefs, but that today's outrages are but a prelude to a far more vicious and violent crackdown on Christianity that is right around the corner. There's a movie I want to talk about in a moment, but first, I'd like to explore where this is coming from, both from the perspective of the conservative Christians themselves, and the liberals who have such a hard time understanding it.