The Wages of Citizens United: The People.

In a new national poll, 65 percent of Americans say they disagree with the 5-to-4 U.S. Supreme Court decision to allow corporations to spend without limits on ads in political campaigns.And yet hope remains while the company is true: A new poll finds Americans across the board are unhappy with the court’s ruling in Citizens United.

“The Reid poll found little difference in partisan attitudes…Sixty-six percent of Democrats either “moderately” or “strongly” disagreed with the ruling, but so did 63 percent of Republicans. A whopping 72 percent of Independents disagreed with the Supremes’ decision.” One wonders how those numbers might’ve moved if we started using Citizen United’s full name to discuss this case…


You stay classy, GOP. And folks thought “teabagger” was ugly.

When Suddenly a Debate Broke Out.

“The whole thing basically went like that: Republican asks obnoxious question rooted in Glenn Beck-ian talking points; Obama swats it away, makes the questioner look silly, and then smiles at the end. It got so bad, in fact, that Fox News cut away from the event before it was over.”

My issues with the SotU notwithstanding, the president’s sallying back-and-forth with House Republicans on Friday clearly indicate that, whatever our problems are within the party, the GOP are just not ready for prime-time right now. (I also get the sense that this will mark the definitive end of the Republican’s goofy “teleprompter” meme.) [Full transcript.]

To his credit, the president made his political opponents seem like the blatantly hypocritical ideologues they in fact are. Which begs the “common ground” question once again: Why should we try to meet the “Party of No” halfway, particularly when we know that they move the goalposts every single time you try to take them seriously?

Lo, Here Comes the Flood.


“The Court today rejects a century of history when it treats the distinction between corporate and individual campaign spending as an invidious novelty born of Austin v. Michigan Chamber of Commerce, 494 U. S. 652 (1990). Relying largely on individual dissenting opinions, the majority blazes through our precedents, overruling or disavowing a body of case law…The Court’s ruling threatens to undermine the integrity of elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution.

Well, it was a nice republic while it lasted. In a 5-4 decision, the Supreme Court finally hands down its Citzens United verdict, and it is ugly. [Full Text] Basically, the distinction between corporations and individuals has been erased, and, by the already dubious proposition that money is speech, unlimited corporate expenditures in campaigns is now just good, old-fashioned government. Welcome to the new Lochner era, y’all.

By the way, this is a much, much bigger deal than Scott Brown or the effing Edwards baby. Not that you’d know that from watching the news right now.

Update: More reactions:

Fred Wertheimer, Democracy 21: “Today’s Supreme Court decision in the Citizens United case is a disaster for the American people and a dark day for the Supreme Court…With a stroke of the pen, five Justices wiped out a century of American history devoted to preventing corporate corruption of our democracy.

Bob Edgar, Common Cause: “The Roberts Court today made a bad situation worse. This decision allows Wall Street to tap its vast corporate profits to drown out the voice of the public in our democracy. The path from here is clear: Congress must free itself from Wall Street’s grip so Main Street can finally get a fair shake.

Robert Weissman, Public Citizen: “Shed a tear for our democracy…Money from Exxon, Goldman Sachs, Pfizer and the rest of the Fortune 500 is already corroding the policy making process in Washington, state capitals and city halls. Today, the Supreme Court tells these corporate giants that they have a constitutional right to trample our democracy.

Sen. Russ Feingold (D-WI): “[T]his decision was a terrible mistake. Presented with a relatively narrow legal issue, the Supreme Court chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president. Ignoring important principles of judicial restraint and respect for precedent, the Court has given corporate money a breathtaking new role in federal campaigns. Just six years ago, the Court said that the prohibition on corporations and unions dipping into their treasuries to influence campaigns was ‘firmly embedded in our law.’ Yet this Court has just upended that prohibition, and a century’s worth of campaign finance law designed to stem corruption in government. The American people will pay dearly for this decision when, more than ever, their voices are drowned out by corporate spending in our federal elections.

President Obama: “With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics. It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans. This ruling gives the special interests and their lobbyists even more power in Washington–while undermining the influence of average Americans who make small contributions to support their preferred candidates. That’s why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing less.

Slate‘s Dahlia Lithwick: “Even former Chief Justice William H. Rehnquist once warned that treating corporate spending as the First Amendment equivalent of individual free speech is ‘to confuse metaphor with reality.’ Today that metaphor won a very real victory at the Supreme Court. And as a consequence some very real corporations are feeling very, very good.

Brownian Motion.


So, slow news evening, eh?

Well, first off, thanks, Massachusetts! To my many friends from the Bay State, I say this: Speaking as a son of South Carolina, I never, ever want to get the “you-hicks-are-keeping-us-back” routine from y’all again, thanks much.

So, yes, Scott Brown defeated Martha Coakley for Ted Kennedy’s Senate seat. And thus, in a truly bitter irony, a man who spent his life trying to achieve health care reform for all Americans has now been replaced by a guy sworn to kill the health care bill and armed with the 41st vote(?) that could potentially make it happen. (Yes, Virginia, it’s true. In our system, 41 > 59.) Well, in Brown’s defense, he has a nice truck.

Why did this happen? Well, everybody has a theory. Here’s mine, which boils down to two reasons.

1. Martha Coakley. I didn’t watch enough of the MA race to determine if she was a lousy candidate through-and-through, although I have my suspicions. Nonetheless, Ms. Coakley was undeniably a gaffe-prone standard-bearer. From calling Curt Schilling a Yankee to misspelling the name of the state in a political ad to, weirdly, insulting the very idea of glad-handing in public, Coakley was an out-and-out gaffe machine. Couple that with a lackadaisical campaign and the inexplicable decision to take an extended vacation in the heat of the race, and you have a recipe for disaster. There’s a reason we’ve been telling the story of the Tortoise and the Hare for a couple thousand years now.

2. Change. In fending off Rahm Emanuel’s charge that she’s at fault for this fiasco, pollster Celinda Lake aptly summed up the main problem here: ““If Scott Brown wins tonight he’ll win because he became the change-oriented candidate. Voters are still voting for the change they voted for in 2008, but they want to see it.” Put another way: All across the country, the current occupants of the White House tapped into a deep and strongly-felt yearning for a transformative presidency in 2008…and then spent pretty much the entirety of their first-year in office playing the same old tired in-the-Beltway reindeer games that made people ill in the first place. This is not change voters believed in, and it has made voters angry, or depressed, or both.

Equally demoralizing is the neverending spectacle of a stalled-out health care bill. If I’d hazard a guess, most voters aren’t really delving into the ins and outs of this all-consuming debate, particularly by Month Eight or whatever it is. But they can see just from casually following along that the Democrats are really struggling to get this done, that the White House has been letting the bill get bogged down and eviscerated in the Senate — first in August, and again in November/December — and that, from the Big Pharma deal to the disappearing public option to all of the Lieberman/Stupak/Nelson/Snowe shenanigans on display, the usual Washington rules are in full effect right now. Once again, this is not change people can believe in. With each passing month that the bill has languished, we Dems have looked weaker and weaker. And if you continually force voters to choose between venal and incompetent, they’ll tend to gravitate toward the former.

Now, the good news: 1. First, and this cannot be stressed enough, we have an 18-seat majority in the Senate. It’s 59-41 people…most presidents can only dream of having that kind of majority, Dubya included. So there’s really no good reason — none, zip, zero — that we shouldn’t see more progressive accomplishments from this administration in the year to come. It just takes an act of will. I don’t remember the Republicans getting all kerfuffled about operating with 51 votes. Nor did Hubert Humphrey and the Johnson Senate have any problem with blithely ignoring the Senate parliamentarian when it got in the way of legislation.

2. It’s January of 2010, i.e. almost a full year before the “real” election day. In other words, this Brown victory is really just a shot across the bow. And if the administration course-corrects now, we may even end up gaining a year in time — and several seats we might well have lost — had this lazy centrist drift continued on until next November.

Of course, that’s only good news if the administration and the Democratic Party draw the right lessons from yesterday’s defeat. Suffice to say, this afternoon, it does not look good: Enabled, as usual, by the Serious Peopleā„¢ who comprise the broken-down wreck we once called beltway journalism, all the usual suspects are currently blaming Coakley’s loss on “the Left,” or more specifically the hippie-liberal cast of Obama’s administration thus far. Uh, say what now?

It’s hard to answer this ridiculous charge any better than did the estimable Glenn Greenwald this afternoon: “‘In what universe must someone be living to believe that the Democratic Party is controlled by ‘the Left,’ let alone ‘the furthest left elements” of the Party? As Ezra Klein says, the Left ‘ha[s] gotten exactly nothing they wanted in recent months’….The very idea that an administration run by Barack Obama and Rahm Emanuel and staffed with centrists, Wall Street mavens, and former Bush officials — and a Congress beholden to Blue Dogs and Lieberdems — has been captive ‘to the Left’ is so patently false that everyone should be too embarrassed to utter it.

Truer words and all that. If we want to stop seeing these sorts of Brownian upsets in the future, the answer is emphatically not to curl up within the usual GOP-lite protective camouflage and hope the flak dies down. People see through that malarkey immediately. (As Harry Truman is rumored to have said, “In an election between a Republican and a Republican, the Republican wins every time.“) No, the answer is to move forward from this point with the courage of our convictions, and to start delivering to American families the real and fundamental change they were promised a year ago. It’s just that simple, folks.

The Gitmo Homicides.

“As news of the deaths emerged the following day, the camp quickly went into lockdown. The authorities ordered nearly all the reporters at Guantanamo to leave and those en route to turn back. The commander at Guantanamo, Rear Admiral Harry Harris, then declared the deaths ‘suicides.’ In an unusual move, he also used the announcement to attack the dead men. “I believe this was not an act of desperation,” he said, ‘but an act of asymmetrical warfare waged against us.'”

In Gitmo, no one can here you scream. After chatting with four members of a military intelligence unit on the premises, Harper’s writer Scott Horton makes a compelling case that three Gitmo suicides in 2006 were in fact covered-up murders, occurring as a result of the Dubya-era torture regime. “All four soldiers say they were ordered by their commanding officer not to speak out, and all four soldiers provide evidence that authorities initiated a cover-up within hours of the prisoners’ deaths.

Update: Slate‘s Dahlia Lithwick calls out the press for its deafening silence. “The fact that three Guantanamo prisoners–none of whom had any links to terrorism and two of whom had already been cleared for release–may have been killed there and the deaths covered up, should be front-page news. That brand-new evidence of this possible atrocity from military guards was given only the most cursory investigation by the Obama administration should warrant some kind of blowback. But changing what we allow ourselves to believe about torture would change the way we have reconciled ourselves to torture. Nobody in this country is prepared to do that. So we have opted to ignore it.

Advise and Dissent.

When the U.S. Senate was created, the most populous state, Virginia, had 10 times as many people as the least populous, Delaware…Now the most populous state, California, has 69 times as many people as the least populous, Wyoming, yet they have the same two votes in the Senate. A similarly inflexible business organization would still have a major Whale Oil Division; a military unit would be mainly fusiliers and cavalry. No one would propose such a system in a constitution written today, but without a revolution, it’s unchangeable.

Similarly, since it takes 60 votes in the Senate to break a filibuster on controversial legislation, 41 votes is in effect a blocking minority. States that together hold about 12 percent of the U.S. population can provide that many Senate votes. This converts the Senate from the ‘saucer’ George Washington called it, in which scalding ideas from the more temperamental House might ‘cool,’ into a deep freeze and a dead weight.

In a worthwhile cover story for The Atlantic on the long history of American declension and jeremiads, James Fallows — recently returned from China — make his case for the biggest problem facing our nation right now.”That is the American tragedy of the early 21st century: a vital and self-renewing culture that attracts the world’s talent, and a governing system that increasingly looks like a joke. One thing I’ve never heard in my time overseas is ‘I wish we had a Senate like yours.’

Still Mad as Hell (with Truths to Tell.)

“It’s one thing to recognize capitalism for the powerful economic tool it is and to acknowledge that, for better or for worse, we’re stuck with it and, hey, thank God we have it. There’s not a lot else that can produce mass wealth with the dexterity that capitalism can. But to mistake it for a social framework is an incredible intellectual corruption and it’s one that the West has accepted as a given since 1980–since Reagan…People paid a much higher tax rate when Eisenhower was president, a much higher tax rate for the benefit of society, and all of us had more of a sense that we were included.”

By way of DYFL, Vice Magazine publishes an extended interview with David Simon on The Wire Treme, writing, political economy, health care reform, and other important matters. “Of course it’s socialism. These ignorant motherf**kers. What do they think group insurance is, other than socialism? Just the idea of buying group insurance! If socialism is a taint that you cannot abide by, then, goddamn it, you shouldn’t be in any group insurance policy.

Things I Learned from the Death Panels.

The ‘death panel’ episode shows how the news media, after aiding and abetting falsehood, were unable to perform their traditional role of reporting the facts. By lavishing uncritical attention on the most exaggerated claims and extreme behavior, they unleashed something that the truth could not dispel.” In the NYT, Rep. Earl Blumenauer (D-OR) reviews the sad, sordid tale of Death Panel fear-mongering by the GOP this past summer.

In very related news, it seems the Republican National Committee’s health insurance plan, contra all their rhetoric on Stupak, has not only covered abortion services for the past eighteen years — it includes end-of-life counseling, a.k.a. the “Death Panels” of Sarah Palin’s nightmares. These folks really have no shame.

The Lobby Echoes.

“In the official record of the historic House debate on overhauling health care, the speeches of many lawmakers echo with similarities. Often, that was no accident. Statements by more than a dozen lawmakers were ghostwritten, in whole or in part, by Washington lobbyists working for Genentech, one of the world’s largest biotechnology companies.”

As a speechwriter in the House, I’m sort of a rare bird…but perhaps I shouldn’t be: An estimated 42 Members — 20 Dems and 22 GOP — get caught lifting industry talking points for the health care debate. Suggested TP’s make the rounds all the time, of course, but they’re usually meant to be guidelines, not taken word-for-word. Oops.

While Dubya Slept.

“Farmer’s verdict: ‘History should record that whether through unprecedented administrative incompetence or orchestrated mendacity, the American people were misled about the nation’s response to the 9/11 attacks.’” To paraphrase Mark Twain, a lie gets halfway ’round the world before the truth can put its boots on…or any plane can get off the ground. In his new book The Ground Truth, 9/11 Commission Senior Counsel John Farmer points out yet more lies from Cheney and the Dubya administration, this time about their behavior during that fateful morning.

To wit, waist-deep in My Pet Goat at the time, they didn’t know their ass from their elbow when the attacks were happening: “Yet both Deputy Defense Secretary Paul Wolfowitz and Vice President Dick Cheney, Farmer says, provided palpably false versions that touted the military’s readiness to shoot down United 93 before it could hit Washington. Planes were never in place to intercept it. By the time the Northeast Air Defense Sector had been informed of the hijacking, United 93 had already crashed.” Well, they’ve lied about just about everything else — can’t say this is much of a surprise.