Law

New Marijuana Laws: Just a Smokescreen

Flickr/Rupert Ganzer

Before Washington state voters legalized marijuana in the 2012 election, pot was easy enough to access on the black market. Five percent of state residents have used the drug in one form or another while burning through a remarkable 187,000 pounds per year, according to estimates by Washington’s Office of Financial Management. Getting high without getting arrested wasn’t much of a problem, either. Washington decriminalized medical marijuana 15 years ago, and today dozens of dispensaries are operating under protection of state law. In addition, Washington’s biggest city, Seattle, had instructed its police force to treat personal possession of marijuana as the lowest law-enforcement priority.

Why Playwrights Aren't Political Analysts

Flickr/David Shankbone

During last year's presidential campaign, journalist Buzz Bissinger got some attention for writing an opinion piece explaining that he was voting for Mitt Romney because Barack Obama hasn't done enough to end poverty, which is kind of like saying you're switching from salad to Big Macs for lunch because you're trying to lose weight and salad has calories. For people familiar with Bissinger's extraordinary reportage, including books like Friday Night Lights and A Prayer for the City (one of the best books about big-city politics ever written), it was a shock. How could such a great reporter produce something so infantile and bereft of the simplest familiarity with logic? Then people took a look at Bissinger's Twitter feed and discovered that he spews out a puzzling combination of incomprehensibility and general assholishness. (sample tweet: "Romney lost was a suck candidate as it turned out. But every fucking liberal who whines about pro football should be forced to play it." Um, okaaay.) It was so puzzling because the traits that make one a good reporter—curiosity, hard work, a willingness to see things from as many perspectives as possible—seemed to have deserted Bissinger in his non-reporting endeavors. Which brings us to the strange case of David Mamet, one of the most celebrated American playwrights of the last forty years.

Newsweek has just published an article in which Mamet, who became a hard-core conservative some years ago, goes after Barack Obama for wanting to take away his guns. While there may be an intelligent, cogently argued case to make for Mamet's position, this piece certainly isn't it. From the opening cliché about Karl Marx, you know you're not in for something that will change anyone's mind, but it only gets worse. He moves on to insane assertions about government ("'One-size-fits-all,' and that size determined by the State has a name, and that name is 'slavery.'") moves through a comparison of Barack Obama to King George, and then hits you with the kind of "logic" with which any parent of an eight-year-old is familiar. "The Left loves a phantom statistic that a firearm in the hands of a citizen is X times more likely to cause accidental damage than to be used in the prevention of crime, but what is there about criminals that ensures that their gun use is accident-free?" Mamet asks. "If, indeed, a firearm were more dangerous to its possessors than to potential aggressors, would it not make sense for the government to arm all criminals, and let them accidentally shoot themselves?" You really got us there, Sparky. By the time he repeats the NRA's argument that Barack Obama is hypocritical for having the Secret Service protect his children and at the same time wanting some modest measures to limit gun proliferation— measures which, by the way, will restrict David Mamet's ability to buy as many guns as he wants not one whit—you're left shaking your head.

Employees? Consumers? Feh!

Flickr/Scott Lenger

Should the Supreme Court uphold it, last Friday’s decision by three Reagan-appointees to the D.C. Circuit Appellate Court appears at first glance to rejigger the balance of power between Congress and the president. The appellate justices struck down three recess appointments that President Obama had made to the five-member National Labor Relations Board during the break between the 2011 and 2012 sessions of Congress partly on the grounds that Congress wasn’t formally in recess, since one and sometimes two Republicans showed up to nominally keep it in session for the sole reason of denying Obama the right to recess appointments. Two of the three justices went further, ruling that the president can’t really make recess appointments at all.

The D.C. Circuit Court's Chaos Theory

Flickr/Kim Davies

On Friday, a three-judge panel on the D.C. Circuit Court of Appeals ruled that President Obama's recess appointments to the National Labor Relations Board—the U.S. agency charged with remedying unfair labor practices—were unconstitutional. The opinion—written by highly partisan Reagan appointee David Sentelle—would effectively remove the president's power to make any recess appointments at a time when counterbalances to an obstructionist Senate are more necessary than ever.

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.

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