Heeding the wishes of victims of the Colorado shooting and their families, some members of the media (including the Prospect's Steve Erickson) have refrained from using alleged shooter James Holmes's name. On Monday, CNN’s Anderson Cooper tweeted: “I have no intention of saying AuroraShooting suspect's name tonight. Don't want to give him more attention than needed.” True to his word, Cooper referred to Holmes as “the suspect” and “the alleged shooter” throughout the broadcast. Fox News went a step further, blacking out Holmes’s name in documents it displayed on the air. Politicians—including President Obama—have also joined the cause. Colorado governor John Hickenlooper has taken to calling him “suspect A.”
Adam Liptak and Allison Kopicki recently had an interesting analysis of public opinion on the Supreme Court. The public reaction to the health-care ruling, NFIB v. Sebelius, shows that the public is closely divided, with 46 percent supporting the decision.
"I voted" picture: (Flickr/ Vox Efx) Liberty Bell photograph: (Flickr/dcwriterdawn)
We get it. Real-life court dramas are not as exciting as Judge Judy (and definitely not as exciting as Judge Joe Brown). So we totally don't judge you for not knowing why the hell Pennsylvania's voter-ID law is suddenly in court.
Of course, you thought you'd covered your bases when you read our early explanation of voter-ID laws. (If you didn't, well, you only need to be a little embarrassed.) You know there's basically no evidence of in-person voter fraud where one person impersonates another—the only type of fraud voter ID guards against. You know that the big fights were in Texas and South Carolina. So why is everyone so worked up about some court case in Harrisburg?
Well let us be quick and leave you plenty of time for Court TV.
So a bunch of states have voter-ID laws—what's the big deal about Pennsylvania?
Well, not shockingly in a presidential election year, a lot of it boils down to politics. Pennsylvania is a swing state in a close election, so every vote each side can pull counts big. Most people believe voter-ID laws help Republicans win elections, because poor and nonwhite voters tend to vote Democratic and also tend to be the populations less likely to have the necessary ID. In case there was any doubt about those intentions, the state House majority leader told an audience that passing voter ID was "going to allow Governor Romney to win the state of Pennsylvania." (He evidently didn't get the whole memo about pretending we need this to combat nonexistent voter fraud.)
Yesterday, Eric Holder opened a new front in his fight to preserve voting rights, as the Department of Justice announced that it would launch an investigation into Pennsylvania's voter ID law. The attorney general has been an outspoken critic of the strict new laws that require voters to show government-issued photo identification, calling them the equivalent of a modern-day "poll tax." The DOJ has blocked implementation of voter ID in Texas and South Carolina—states that, because of their histories of voter suppression, are listed in Section 5 of the Voting Rights Act and therefore must get preclearance from the DOJ before they can change their election laws.
In the last six months I've written a lot about the politics of the gun issue (see here for example), and one of the key data points I keep trying to get people to understand is that gun ownership is actually declining in America and has been for a few decades. Yet there are just as many guns as ever (around 300 million by the best estimates), which means that on average, your typical gun owner now owns more guns than they used to. While no one that I know of has actually figured out the distribution, my guess is that most gun owners still have only one or two guns, while the numbers are being elevated by enthusiasts who think they really haven't guaranteed the safety of their family unless they have enough weaponry to fend off an assault by an entire battalion of the Red Army.
And it's important to understand that the gun lobby (by which I mean the National Rifle Association, similar groups, and the gun manufacturers) are doing everything they can to encourage existing gun owners to buy as many guns as they possibly can. I discuss this in a piece I wrote today for MSNBC's "Lean Forward" blog:
This past Friday was one of those strange and sad days in the life of a country when a number of things don’t so much converge as share the commonality of the moment and thereby exist within the shadows of each other. The massacre that greeted the release of the year’s most-awaited movie just a few midnights ago in a tiny Colorado town took place at cross-coordinates social, cultural, and political by virtue of timing and the parameters of the occasion, if nothing else; though the more terrible the toll in such circumstances, the more natural it is to draw conclusions, learn lessons or arrive at resolutions, the only thing straightforward about any of it is the horror.
Antonin Scalia was a guest on Piers Morgan's show last night, and he was relatively entertaining and at times even said things I agree with. For example, even in the wake of the Republican bait-and-switch on the DISCLOSE Act, Scalia held firm to his previously expressed view that it's permissible and desirable for people making large political donations to have these donations disclosed.
How in the world did Penn State allow assistant coach Jerry Sandusky to molest children—sometimes on its grounds—for 11 years without notifying authorities? That's the question the institution hired former FBI director Louis Freeh's consulting firm to investigate in-depth. This morning, Freeh's task force released its independent review—which is just as damning as you can imagine, saying that all the key people, Paterno included, "repeatedly concealed critical facts" to protect the institution rather than the victims. Here are the key findings from the executive summary:
Texas doesn't have an air-tight case when it comes to the stringent voter-ID law that's currently having its week in court. Even Fox commentator Judge Andrew Napolitano said he expects the state to lose. And according to Politico, the Department of Justice (DOJ) has promised to show not only that the voter-ID law will have a discriminatory effect but that such an effect was intentional.
The debates about Chief Justice Roberts’s motivations for his health-care opinion rage on with new leaks appearing almost every day. Randy Barnett responds to Jonathan Adler’s attempt at showing that Roberts’s opinion is quite consistent with his past judgments:
But this does not [make] his bending himself into a pretzel to uphold a law when the screws were put to him any less political. [..] 8 justices acted on principle: 4 on good principles and 4 on bad principles.
While the Supreme Court's decision to uphold most of the Affordable Care Act in NFIB v. Sebelius was generally good news, the decision did have one unfortunate side effect. The Court limited the use of federal spending power with respect to Medicaid, permitting Congress to withhold new grants but not existing Medicaid funds from states if they failed to adopt Obamacare. In other words, governors can reject new federal funds to implement the health-care law without losing the rest of their Medicaid money.
With a tangle of lawsuits and legal complexities, it's easy to get lost in the minutiae of Florida's voter-purge debacle. Last week, as a U.S. District Court ruled on one of the disputes between the Department of Justice and the state of Florida, most of the media discussion focused on who'd won and who'd lost in the rather nuanced court opinion. More legal action comes next week, and the discussion will likely be similar.
Last week, I laid out some of my ideas about what is and is not radical about same-sex marriage, boiling down a few of the chief concepts I've argued in public over the past 15 or so years. Maggie Gallagher, chief nemesis of the marriage-equality movement, referred to one of those three posts at The Corner, National Review's group blog. In response, I noted that we agree, in small part, that allowing same-sex pairs to marry continues to nudge the meaning of the institution in the direction of separating sex and diapers.