Sunday Evening Funnies

Perry 2010: Shooting blanks

Governor MoFo ducked the Teabaggers yesterday and went to NASCAR instead. The photo below classically demonstrates both his fetish with firearms and his underlying impotence, not to mention his constant overcompensating for it in inappropriate ways (taking conservative bloggers to a shooting range, relishing and savoring the state's execution of an innocent man, forcing poor children into greater poverty and worse health, and on and on and on).

The Fort Worth Star-Telegram's caption: Texas Gov. Rick Perry has some fun with a six-shooter filled with blanks at an event in downtown Fort Worth to kickoff a weekend of NASCAR racing at the Texas Motor Speedway, Thursday, April 15, 2010

TeaBaggers, plain ol' GOP nuts battle to a draw

Voters routed state Reps. Delwin Jones and Norma Chavez on Tuesday, turned back former state Rep. Rick Green's bid for a spot on the Texas Supreme Court and handed victories to at least three candidates who appeared to benefit from the Tea Party insurgency in Texas. ... Republican voters in Lubbock and four other counties ousted long-time state Rep. Jones in favor of Charles Perry, a Tea Party organizer who campaigned for change and apparently got voters worked up about his candidacy: The runoff drew 17,501 voters — more than most primaries in March turned out.

Here's an Ode to Delwin Jones. Involuntarily retired from public service again at 86, he first served in the Texas House in 1965 (as a Democrat then), was swept out in the '70's when the Panhandle led the charge of the Reagan Democrats to the GOP, and returned in 1989 as a born-again Republican. So long and thanks for all the fish.

In fact the wins for TeaBaggers mostly came in in WTX, and certainly from the rural parts of the state. (Quico Canseco -- who hosted a phone bank for Scott Brown back in January -- won the right to lose to Ciro Rodriguez in CD-25 in the fall.) The best news of the day came in the loss of true lunatic Rick Green in his bid to join the other slightly-less-extreme-wingnuts on the Texas Supreme Court, and another social conservative dispatched from the SBOE. Those are defeats for the Texas Tea-liban faction. Some are still celebrating, of course.

In Harris County, results appear similarly muddled from the starboard perspective:

Depending upon your point of view, Harris County is either the leader of the social conservative movement in Texas or is the millstone around the neck of the Republican Party of Texas, slowly choking off the oxygen and turning the state purple. In the largest runoff turnout in a decade, Harris County voters took a page from Nancy Reagan's playbook and just said no to broadening the base of the party.

That won't slow Dan Patrick down from performing purity tests however, because Republicans are much more scared of the Tea Party phenomenon than Democrats are. Ick-Rot. Gotsta love it. Thanks, Big Jolly.

Here is a fair warning for Texas Democrats: get your shit together. It's going to be uphill and against the wind as it is, and with continuing nonsense from the Right appealing to the lowest common intelligence denominator, you need to get. on. your. game.

Not Elena Kagan

She would move the SCOTUS to the right, especially as it regards executive branch authority.

It is far from clear who Obama will chose to replace John Paul Stevens on the Supreme Court, but Elena Kagan, his current Solicitor General and former Dean of Harvard Law School, is on every list of the most likely replacements.  Tom Goldstein of SCOTUSblog has declared her "the prohibitive front-runner" and predicts:  "On October 4, 2010, Elena Kagan Will Ask Her First Question As A Supreme Court Justice."  The New Yorker's Jeffrey Toobin made the same prediction.

The prospect that Stevens will be replaced by Elena Kagan has led to the growing perception that Barack Obama will actually take a Supreme Court dominated by Justices Scalia (Reagan), Thomas (Bush 41), Roberts (Bush 43), Alito (Bush 43) and Kennedy (Reagan) and move it further to the Right.  Joe Lieberman went on Fox News this weekend to celebrate the prospect that "President Obama may nominate someone in fact who makes the Court slightly less liberal," while The Washington Post's Ruth Marcus predicted:  "The court that convenes on the first Monday in October is apt to be more conservative than the one we have now."  Last Friday, I made the same argument:   that replacing Stevens with Kagan risks moving the Court to the Right, perhaps substantially to the Right (by "the Right," I mean:  closer to the Bush/Cheney vision of Government and the Thomas/Scalia approach to executive power and law).

This is bad news for us progressives. The more I learn, the more Glenn Greenwald is making me nauseous.

Consider how amazing it is that such a prospect is even possible.  Democrats around the country worked extremely hard to elect a Democratic President, a huge majority in the House, and 59 Democratic Senators -- only to watch as the Supreme Court is moved further to the Right?  Even for those who struggle to find good reasons to vote for Democrats, the prospect of a better Supreme Court remains a significant motive (the day after Obama's election, I wrote that everyone who believed in the Constitution and basic civil liberties should be happy at the result due to the numerous Supreme Court appointments Obama would likely make, even if for no other reason).

There will, of course, be some Democrats who will be convinced that any nominee Obama chooses is the right one by virtue of being Obama's choice.  But for those who want to make an informed, rational judgment, it's worthwhile to know her record.  I've tried here to subject that record to as comprehensive and objective an assessment as possible.  And now is the time to do this, because if Kagan is nominated, it's virtually certain that she will be confirmed.  There will be more than enough Republicans joining with the vast majority of Democrats to confirm her; no proposal ever loses in Washington for being insufficiently progressive (when is the last time such a thing happened?).  If a Kagan nomination is to be stopped, it can only happen before her nomination is announced by Obama, not after.

More Greenwald, in an interview with Amy Goodman of Democracy Now! ...

Elena Kagan actually has very little record to speak of that would enable anybody to know where it is that she falls on the political spectrum.

And I think that issue, the fact that she has so little record, is disturbing in and of itself. I mean, why would progressives or Democrats, with an opportunity to replace somebody like Justice Stevens, possibly want to take a huge risk of appointing somebody to the Court whose judicial philosophy can’t really be discerned, because she’s spoken out almost never on most of the key constitutional and legal questions of the day? And that even includes, over the last decade, when there was an assault on the Constitution and the rule of law by the George Bush administration, and virtually every law professor, academician, anyone of note in the legal community, spoke out against what it was that Bush and Cheney were doing. She was completely silent. You can’t find a single utterance from her, in writing or orally, where she expressed a view one way or the other on the radical executive power claims of the Bush administration.

And what little there is to see comes from her confirmation hearing as Solicitor General and a law review article she wrote in 2001, in which she expressed very robust defenses of executive power, including the power of the president to indefinitely detain anybody around the world as an enemy combatant, based on the Bush-Cheney theory that the entire world is a battlefield and the US is waging a worldwide war.

...

Well, we know that this administration loves the idea of pleasing conservatives, and anybody who is pleasing to conservatives is somebody who is much more attractive as a political appointee than somebody who is perceived as liked by the left. ...

So, Elena Kagan is perceived as someone who is very good at accommodating right-wing perspectives. She did when she was the dean of Harvard Law School. And at her confirmation hearing for Solicitor General, Republicans couldn’t praise her lavishly enough. I mean, she had a colloquy with Lindsey Graham, the Republican senator from South Carolina, where they were in complete agreement on virtually every issue involving terrorism and executive power. And even the furthest right-wing polemicist, like Bill Kristol and Ed Whelan, who currently writes for National Review and was a lawyer in Bush’s Office of Legal Counsel, have praised her quite, quite emphatically as someone whose views on national security and terrorism and civil liberties they find quite palatable.

... And simply politically, it’s easier to get confirmed someone who’s perceived as being, and who is, a moderate, or even a conservative, than it is to get someone confirmed who is a liberal.

Senate Republicans have already set this one up. They'll fight anyone who is perceived by them as 'unacceptable'. Obama has no stomach for another fight in the Senate and neither does Harry Reid. (Although this is welcome news.)

Personally I'm going to steel myself for yet another unpalatable Obama decision.