Conservatism

How a Bad Interpretation of a 1976 SCOTUS Case Set the Stage for Citizens United

The Buckley v. Valeo decision was more complicated and subtle than the “money equals speech” slogan for which it’s misremembered.

AP Photo/Susan Walsh
AP Photo/Susan Walsh Demonstrators gather outside the Supreme Court in Washington, Tuesday, Oct. 8, 2013, as the court heard arguments on campaign finance in the case McCutcheon v. FEC . The Supreme Court issued its decision in April 2014 on the case's challenge to limits on contributions by the biggest individual donors to political campaigns. W hen it comes to campaign finance, the Roberts Court and the American public have settled into a grim routine. Every few years, the Court—usually in the voice of Chief Justice John Roberts—strikes down another restriction on campaign expenditures or contributions. With each decision, a disappointed majority of Americans puzzle over the notion, apparently embraced by the Court’s conservatives, that “money equals speech.” That idea is usually attributed to Buckley v. Valeo, the landmark 1976 case in which the Supreme Court for the first time considered the constitutionality of campaign finance restrictions. But the Court never said money is...

Supreme Court Hampers EPA on Greenhouse Gases But It Could Have Been Worse

Photograph by Joseph E.B. Elliot/Library of Congress
Today, the Supreme Court failed to release almost all of the term's outstanding opinions for another day (or two, or three.) But it did issue an opinion dealing with the authority of the Environmental Protection Agency to deal with one the most pressing problems facing the world: climate change. Justice Scalia's opinion unnecessarily restricts the EPA's ability to regulate greenhouse gases, but the opinion could have been much worse. Utility Air Regulatory Group v. Environmental Protection Agency does deal with a real issue in the Clean Air Act. The act calls for the EPA to require permits from stationary sources that emitted between 100 and 250 tons or more per year of a pollutant covered by the act. In the context of carbon emissions, however, the quantities produced are much greater than for the typical pollutant, which would turn a statutory provision intended to exclude minor sources of pollution into a requirement to regulate these relatively small sources. Sensibly, the EPA...

Dear Thom Tillis: How Long Does It Take For a Black Person to Become a Traditional North Carolinian?

An open letter to the Speaker of the North Carolina House of Representatives, who is currently running for U.S. Senate, is prompted by his comments about the Republican Party's demographics.

AP Photo/Chuck Burton
AP Photo/Chuck Burton In this May 6, 2014, photo Thom Tillis speaks to supporters at a election night rally in Charlotte, N.C., after winning the Republican nomination for the U.S. Senate Tuesday, May 6, 2014. D ear Thom: I hope I can call you Thom; you may certainly call me Cynthia. Given the circumstances—given how far the policies you've supported since becoming Speaker of the North Carolina House of Representatives have reached into my home and even my vagina —I feel we are on intimate terms that make surnames superfluous. In your 2012 comments to Carolina Business Review , unearthed by TPM last week, you talked about how Republicans need to reach out to communities of color, the type of GOP hand-wringing we've heard since Mitt Romney went down in flames. I believe your specific comment was this: The traditional population of North Carolina and the United States is more or less stable. It’s not growing. The African American population is roughly growing but the Hispanic population...

Epic! Cheney Made to Answer to Paul Waldman's Assessment of Iraq Record

Fox News
Fox News host Megyn Kelly yesterday put former Vice President Dick Cheney on the spot, reading to him the words of Prospect Contributing Editor Paul Waldman, and demanding a response. In his other gig at the Washington Post , Waldman wrote a searing assessment of Cheney's recent attack on President Barack Obama's Iraq policy, offered in a Wall Street Journal op-ed he co-authored with his daughter, Liz, who served in the Bush administration's State Department. In her interview of Dick and Liz Cheney, Kelly read this bit from Waldman's WaPo post : There is not a single person in America...who has been more wrong and more shamelessly dishonest on the topic of Iraq than Dick Cheney. And now, as the cascade of misery and death and chaos he did so much to unleash rages anew, Cheney has the unadulterated gall to come before the country and tell us that it’s all someone else’s fault... Then she asked, "The suggestion is that you caused this mess, Mr. Vice President. What say you?" As related...

HBO Movie on Prop 8 Marriage Equality Case Fails As Documentary

By omitting the faces and fears of those opposed to same-sex marriage, The Case Against 8 presents its story as nothing more than a victory lap, assuming every viewer is happy the Supreme Court decision that overturned California's ban.

The Case Against 8/HBO
The Case Against 8/HBO P remiering on Monday, HBO's The Case Against 8 is an intermittently moving bunch of essentially mindless goo. Yet that's unlikely to seem very relevant to marriage-equality supporters who want to enjoy a victory lap. Few modern American political stories are as happy-making—and, let's hope, prefatory—as the Supreme Court's 5-4 thumbs-down on California's homophobic Proposition 8 on June 26 of last year, so why not celebrate? A year after the fact, however, any documentary worth viewers' time ought to aspire to more than providing birthday candles for us to blow out. That "us" is, of course, exclusionary, something you'd hardly guess from co-directors Ben Cotner and Ryan White's simple-minded assumption that everybody tuning in will share their euphoria. Don't misunderstand my own POV, because I did and do. I just don't think it would have killed the filmmakers to grapple a bit with the heretical notion that not every supporter of Prop 8—which passed with seven...

The Road to Marriage Equality: Boies and Olson’s Wedding March

AP Photo/Adam Lau
AP Photo/Adam Lau David Boies kisses fellow lawyer Theodore Olson on the cheek at a public rally on Wednesday, Aug. 4, 2010 in West Hollywood, Calif. Gay rights supporters turned out in droves to celebrate a federal judge's overturning of California's Proposition 8, a same-sex marriage ban, a landmark case which could eventually land before the U.S. Supreme Court to decide if gays have a constitutional right to marry in America. T he history of civil rights for lesbian, gay, bisexual, and transgender (LGBT) Americans took a dramatic turn on June 26, 2013. On that date, the U.S. Supreme Court invalidated the Defense of Marriage Act (DOMA), which since 1996 had defined marriage as being between one man and one woman. The Court also let stand a lower ruling that declared Proposition 8—the 2008 voter referendum outlawing same-sex marriage in California—unconstitutional. The two legal victories rode momentum that had revved and sputtered ever since the early hours of June 28, 1969, when...

Three Reasons Liberals Lack Traction With Voters, Despite Conservative Failures

AP Photo/M. Spencer Green, File
AP Photo/M. Spencer Green, File In this March 18, 2014 file photo, voters cast their ballots in the Illinois primary in Hinsdale, Ill. T oday’s conservatives have a problem. The middle class is increasingly anxious about its economic prospects, and with good reason. Inflation-adjusted earnings have declined for most people since 2000, long before the collapse of 2008. Young adults face more than $1.2 trillion in college debt, declining entry-level salaries, high costs of housing and childrearing, and dwindling employer health and pension benefits. With new public attention being paid to inequality of income and wealth, these concerns don’t exactly play to conservative strength. The era since 1981 has been one of turning away from public remediation, toward tax cuts, limited social spending, deregulation, and privatization. None of this worked well, except for the very top. For everyone else, the shift to conservative policies generated more economic insecurity. The remedies are those...

Meet the Billionaire Brothers You Never Heard of Who Fund the Religious Right

The Wilks brothers, whose fortune comes from fracking, give tens of millions to right-wing groups and anti-choice "pregnancy centers," anti-LGBT groups, and organizations affiliated with ALEC.

Cisco Chamber of Commerce
Cisco Chamber of Commerce Farris and Dan Wilks, principals in Frac Tech and listed among the world's richest people by Forbes, flank their father, Voy Wilks, at the 2007 awards banquet of the Cisco Chamber of Commerce. This article was produced by and originally published by Right Wing Watch , the blog of People for the American Way. L ast June, presidential hopefuls Rand Paul and Ted Cruz traveled to Iowa for an event convened by David Lane, a political operative who uses pastors to mobilize conservative Christian voters. Lane is a Christian-nation extremist who believes the Bible should be a primary textbook in America’s public schools, and that any politician who disagrees should be voted out. Lane’s events are usually closed to the media, but he has given special access to the Christian Broadcasting Network’s sympathetic David Brody. Brody’s coverage of the Iowa event included short video clips of comments by brothers Farris and Dan Wilks, who were identified only as members of...

Why Republicans Hate Their Leaders: Eric Cantor Edition

Flickr/Talk Radio News Service
T here have been a lot of analyses of What Eric Cantor's Loss Means in the last 36 hours, all of which run the risk of over-generalizing from one off-year primary election in one particular district. But as I've said before, the internal conflict within the Republican Party is the defining political dynamic of this period in history, and it's as good an opportunity as any to assess its latest quivers and quakes. As a liberal, I'm at something of a disadvantage when examining this conflict, because although I can look at what conservatives do and what they say publicly, I don't have access to the things they say when they talk to each other. So it's always good to hear from those who do and can remind the rest of us of what conservatives are actually feeling. Sean Trende offers an important perspective : First, analysts need to understand that the Republican base is furious with the Republican establishment, especially over the Bush years. From the point of view of conservatives I've...

Republican Rhetoric and Right-Wing Terrorism: 10 Troubling Incidents

Flickr/Andrew Partain
On Sunday, Jerad and Amanda Miller killed two Las Vegas police officers and a shopper at a nearby Walmart, then took their own lives. When authorities investigated, they found that the two were likely motivated by their hatred of government. " There is no doubt that the suspects have an ideology that's along the lines of militia and white supremacists," said an assistant sheriff on Monday. After shooting the officers, they draped the bodies with Gadsden flags; the Millers had also spent time at the standoff at the Bundy ranch. Yesterday, I asked in a piece at the Washington Post how much the hyperbolic rhetoric of which we've heard so much from so many on the right in recent years contributes to creating an atmosphere in which this kind of violence becomes more likely. After hearing some reactions and having a little more time to think about it, I have some more to add. But first, what I said was that the problem isn't just the violent rhetoric we sometimes hear from the likes of...

The Supreme Court and the Power to Make Treaties

Website of the Supreme Court of the United States
Given the ongoing Republican assault on essential federal powers, It is generally not good news when the Supreme Court narrowly construes a federal statute in deference to state authority. Monday's ruling in Bond v. U.S. , however, is an exception. A majority of the Court refused to accept conservative arguments that would severely limit the power of Congress to enforce treaties signed by the United States. The dissents by Justices Scalia and Thomas, conversely, show that this case could have been a vehicle for a major new limitation on federal power. The facts in Bond , summarized in an excellent story by Newsweek 's Pema Levy, are the stuff of soap opera. Carol Bond, a microbiologist, put highly toxic chemicals on various surfaces at the home of Myrlinda Haynes, her erstwhile best friend and husband's lover. Haynes escaped the dangerous trap set for her with only minor burns. Nonetheless, Bond was prosecuted under Section 229 of the federal Chemical Weapons Convention Implementation...

Daily Meme: Fans of War Shoot at Straw Men

Official White House Photo by Pete Souza
Yesterday, President Obama gave a speech at West Point outlining his vision for the use of American power in the future. So how did people react? The consensus on the right was that Obama's speech was a litany of arguments against straw men. "In rebutting his many critics, Obama would be more persuasive if [he] seriously engaged their arguments instead of rebutting arguments that no one is making in the real world," wrote Max Boot at Commentary . "Once again, the president caricatures the views of his critics rather than addressing them fairly," wrote Elliot Abrams , whose continued influence within conservative foreign policy circles is an inspiration to convicted criminals everywhere looking for a second chance. The conservative critics weren't completely wrong—Obama may have overstated their lust for American military action in his speech. But if he exaggerated, it wasn't by much, and many Republicans reacted by once again criticizing the President's insufficient enthusiasm for...

Why It's a Bad Idea to #StandWithRand, Even on Drones

Progressive activists, including those with legitimate concerns about civil liberties and the use of drones, should think twice about leaving the appeals court seat vacant in order to oppose David Barron.

©Jenny Warburg
©Jenny Warburg Sen. Rand Paul approaches the podium at the 2013 Conservative Political Action Conference in National Harbor, Md., bearing the briefing book he used during his 13-hour March 6 filibuster on the topic of armed drones. L ast year, Sen. Rand Paul of Kentucky opposed the nomination of CIA director John Brennan with a 13-hour speech against the Obama administration’s drone policies. The filibuster, a carefully calculated opening move for Paul’s 2016 presidential campaign, garnered massive media attention. So it should not be a surprise that he planned another filibuster, this time against today’s scheduled Senate consideration of appeals court nominee David Barron. As an attorney in the White House Office of Legal Counsel, Barron worked on memoranda providing a legal justification for the killing-by-drone of American Al-Qaeda strategist Anwar Al-Awlaki in Yemen. Paul’s latest grab for media attention has been rolled out with political precision: an op-ed in last week’s New...

The Brothers Koch: Family Drama and Disdain for Democracy

AP Photo/Damian Dovarganes
AP Photo/Damian Dovarganes N ot long ago, a pal of mine asked whether I’d heard the latest scoop about Charles and David Koch, the right-wing billionaires currently overseeing capitalism’s final solution to the democracy problem. Did I know—did I know!?—their grandmother had been none other than Ilse Koch, the human-lampshade-loving wife of Buchenwald’s commandant? Cazart, as Hunter S. Thompson used to say. Overseeing final solutions just runs in the family. My friend looked distinctly chagrined when I told her it wasn’t so. Like many liberal Americans, she hates the Kochs so much that no calumny strikes her as too far-fetched. But as it happened, I was midway through Daniel Schulman’s first-rate Sons of Wichita: How the Koch Brothers Became America’s Most Powerful and Private Dynasty , and I felt reasonably sure that Schulman wasn’t saving Ilse and her apocryphal lampshades for a Harry Potter gotcha toward the end. Considering that Charles and David are worth more than $80 billion...

UPDATED: Dangerous Amendment Amounting to Declaration of War Put Forward

Fox News furnished the pictures, and it looks like Representative Duncan Hunter wants to furnish the war.

© Holly Kuchera/iStock
Duncan Hunter/Facebook A photo from Rep. Duncan D. Hunter's Facebook page shows him during a tour of duty with the U.S. Marines. UPDATE (May 21,2014): Rep. Hunter revised his amendment in the Rules Committee, removing the Authorization for the Use of Military Force and replacing it with language demanding two reports from the president. The first, due 30 days after passage, would be required to contain "the identity and location of those persons and organizations that planned, authorized, or committed the attacks against the United States facilities in Benghazi, Libya that occurred on September 11 and 12, 2012; and a detailed and specific description of all actions that have been taken to kill or capture any of the persons described in clause." Additionally, the report would clarify whether the president would be required to go to Congress for an AUMF if he wanted to launch a military strike to capture or kill those terrorists. A second report due 90 days after the laws enactment...

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