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Ken Cuccinelli Proposes State Be Exempted From Voting Rights Act Because Virginia Has ‘Outgrown’ Racism

Virginia Attorney General Ken Cuccinelli (R) declared on Tuesday that his commonwealth had “outgrown” institutional racism and no longer needed to be subject to the Voting Rights Act’s redistricting requirements. Speaking to a group of reporters in Richmond, Cuccinelli argued that Congress ought to remove Virginia from a group of nine southern and western states who must get their redistricting maps pre-approved by the Department of Justice in order to prevent discrimination against minority voters:

Cuccinelli also addressed the issue of redistricting, saying he thought it was time for Virginia to be released from its federally mandated oversight by the U.S. Department of Justice under the Voting Rights Act of 1965.

Under that law, Virginia’s redistricting plan every 10 years must be “pre-cleared” by the Justice Department, which is meant to ensure that Southern states are not discriminating against racial minorities with their new political boundaries.

Cuccinelli, however, said Virginia has “outgrown” that requirement, as the state — which he acknowledged originated Massive Resistance — is no longer marked by institutionalized bigotry.

“I think as a state, as a commonwealth, we have outgrown that,” he said. “We have grown as a commonwealth a great deal in my lifetime.”

Despite Cuccinelli’s insistence that the Voting Rights Act is antiquated and dispensable in Virginia, discrimination remains an unfortunate but major aspect of our society. Over the past 30 years, hundreds of new state schemes to discriminate against minority voters have been blocked by the Department of Justice. Recently, Texas Gov. Rick Perry (R) came under immense criticism for for attempting to undermine a candidate preferred by Hispanics by scheduling the special election during a Mexican religious festival.

Cuccinelli’s comments are not idle banter. They are part of an orchestrated conservative effort to undermine the Voting Rights Act and remove federal protection for minority voters. Last year, conservatives took aim at Section 5 of the Voting Rights Act in the Supreme Court case NAMUDNO v. Holder. The Court upheld the legislation in an 8-1 vote – conservative Justice Thomas was the lone dissent – but as the Wonk Room’s Ian Millhiser notes, the Roberts-led Court may be threatening to “invalidate the statute” if Congress doesn’t alter the Voting Rights Act soon.

Still, Section 5 of the Voting Rights Act has played a key role in protecting minority voters in Virginia. Following the 1990 census, Virginia was ordered by the Department of Justice to draw a protected majority-minority district in order to prevent voters in southeast Virginia from being disenfranchised. If Cuccinelli were to get his way, the 3rd congressional district would no longer be protected and legislators in the state would be able to gerrymander congressional districts to their heart’s content.

Cuccinelli’s belief that the commonwealth has “outgrown” institutional racism is an unfortunate echo of Stephen Colbert’s sarcastic refrain that in the era of Obama, “racism is over.

Politics

President George H.W. Bush Urges Senate To Ratify The New START Treaty

Given the overwhelming military, foreign policy, and public support for the new START treaty, one would think Senate ratification would be a foregone conclusion. Numerous high-profile Republicans including Henry Kissinger, Gen. Colin Powell, and former Secretary of State Condoleeza Rice have urged the Senate Republicans to fall in line and support it. However, Republicans led by the obstinate Sen. Jon Kyl (R-AZ) continue to move the goal posts on their demands to avoid delivering one of Obama’s top foreign policy priorities. Setting “outrageous new benchmarks for bipartisanship,” the ever-slippery Sen. Susan Collins (R-ME) said she’d consider voting for START “if President [George H.W.] Bush would come out for the treaty” because “that would be so powerful and definitely help.” Today, the senior President Bush did just that, issuing a clear statement of support:

Bush joined a chorus of former GOP secretaries of State to support ratification of the nuclear arms treaty signed earlier this year by President Obama.

“I urge the United States Senate to ratify the START treaty,” Bush said in a one-sentence statement first reported by CNN’s Ed Henry.

Bush’s statement lends “the highest-profile Republican support to date” for START. While the practically ubiquitous support for the treaty should make any further Republican wavering unlikely, Kyl insisted again today that there is no time for ratification. Support for START in the senate now looks strong, but if Kyl’s stubborn myopia somehow succeeds in sinking the treaty, former Sen. John C. Danforth’s (R-MI) rebuke will stand true: “We have gone so far overboard that we are beyond redemption.”

LGBT

Today In Recap: From ‘Likely’ DADT Vote To Vote Delayed

Earlier this evening, Sen. Susan Collins (R-ME) — the moderate Republican whose vote to proceed to the National Defense Authorization Act (NDAA) was supposed to create a domino effect that would have brought along the support of Sens. Lisa Murkowski (R-AR) and Scott Brown (D-MA) and given Democrats the 60 votes needed to overcome a filibuster — told reporters that she would not vote for cloture until Congress reached an agreement for extending the Bush tax cuts. Consequently, Reid has postponed the vote to later in the week.

And while the tax negotiations remain at a standstill, earlier today, advocates of DADT repeal seemed hopeful that a compromise could still be brokered with Collins. Sen. Joe Lieberman (I-CT) — a sponsor of repeal — and Reid, both disputed morning reports that Collins was unrealistically expecting an open amendment process and stressed that she was acting in good faith and seemed interested in reaching a “fair” time agreement with Democrats. “There was some stuff in the paper today that mean it — that said she couldn’t make up her mind what she wanted to do. That’s really not true,” Reid explained to reporters this afternoon. “She had made up her mind what she wanted to do. I just thought it was too much time,” he said.

Indeed, the Washington Posts’ Jonathan Capehart published a column just minutes before Collins pulled out of the deal, suggesting that Reid and Collins were just a couple of hours apart. While she had agreed to Reid’s “offer of 15 amendments — 10 for Republicans and 5 for Democrats,” she wanted “two hours of debate (one hour for Democrats and one hour for Republicans) for each amendment.” Publicly, Reid had only offered one hour of debate for each amendment, with additional time for some amendments.

It’s unclear what happened between now and then, but Reid’s team is disputing Capehart’s characterization, saying “If a little more time on each amendment was all she’s asking, Senator Reid would have shaken her hand and called it a deal by now.” And Collins told reporters that she needed more debate time and the ability for Republicans “pick our own amendments as opposed to the Majority Leader.” She also reverted back to the GOP argument that the tax extensions would have to come first. “Everyone on the Republican side wants to see the tax package completed first,” she said. “So I have urged the majority leader to postpone the vote…so that we could get the tax bill considered first — which I believe could be on the floor tomorrow — and completed by Saturday, and then move immediately to the DOD bill, but under a fair agreement.”

Whether or not Reid and Collins can agree on what constitutes “fair” and move to the defense bill will also now depend on the progress of the tax compromise, which seems to have stalled. But what’s certain is that postponing the vote will buy lawmakers more time to try and reach an agreement and possibly rope in those Republicans who would consider voting to proceed but remain committed to first tackling taxes.

Yglesias

Endgame

Reportage sur moto:

Der Freitag.

Taz.

— Tax deal’s macroeconomic boost isn’t quite timed right to maximize Obama’s re-election chances.

— Will Billy Tauzin tell tales about White House dealmaking with health care interest groups?

— Gabe Klein gets sacked (unexpected to nobody except perhaps Dave Alpert).

— If you want to see impressive intellectual powers brought to bear on defending the indefensible, Reihan Salam is usually your guy.

— The bubbles that didn’t pop (though I don’t see why this is relevant to the issue of whether or not asset markets are “efficient”).

Kraftwerk, “Tour de France” and yes this song isn’t in German.

Politics

Author Of SB-1070 Russell Pearce: ‘Obama May Not Be Visiting Arizona Because We Require Papers’

Today, a right-wing organization called Judicial Watch hosted a panel discussion on the “current and upcoming fights over immigration enforcement” featuring Arizona state Sen. Russell Pearce (R). Pearce, the author of Arizona’s controversial immigration law, railed against the Obama administration for “siding with a foreign government” against the state of Arizona. However, looking on the bright side, Pearce joked that Obama may not want to come to Arizona as they will require him to show his papers:

A little levity is okay, I hope cause I like to [inaudible] at most things. But I can tell you that the best thing about [SB]-1070 is that Obama may not be visiting Arizona because we actually require papers now.

Watch it:

Pearce may have been joking, but it’s not the first time he has indicated that Obama isn’t fit for office. Back in November, Pearce accused Obama of waging jihad against the state of Arizona and stated that it was an impeachable offense. “When you talk about jihad, that is exactly what Obama has against America,” said Pearce. “It’s outrageous and it’s impeachable.” At a tea party rally in August, Pearce similarly stated, “I think it’s treasonous, in my opinion.”

Shortly after SB-1070 was approved by the Arizona legislature, the state House of Representatives approved a so-called “birther bill,” which would require the Arizona Secretary of State to verify the citizenship of U.S. presidential candidates. However, it didn’t have enough Republican support in the state senate to pass a vote. “I can’t imagine Arizona voters think their tax dollars are well served by a legislature that is less focused on their lives than in fringe right-wing radio conspiracy theories,” White House spokesman Bill Burton responded.

During the panel discussion, Pearce also suggested that Rep. Raul Grijalva (D-AZ) should run for “presidente” of Mexico.

Economy

Report: Working Poor ‘Unequivocally Worse Off’ Under Tax Deal Than They Were This Year

As the New York Times noted this morning, most households will receive a tax cut under the proposed tax deal between President Obama and Congressional Republicans. In fact, “the only groups likely to face a tax increase are those near the bottom of the income scale — individuals who make less than $20,000 and families with earnings below $40,000.”

The reason that the working poor will be subjected to a tax increase is because Obama agreed to swap his Making Work Pay (MWP) tax credit (which was created as part of the 2009 Recovery Act) for a one-year, two-percentage point cut in the payroll tax. As the Tax Policy Center detailed, while low-income workers were able to reap the full benefit of Making Work Pay, they don’t earn enough to gain the same benefit from the payroll tax cut:

The MWP credit gave as much as $400 to each single worker and up to $800 to couples. If you’re single and earned at least $6,452 (and less than $75,000) in 2010, you got $400. Married couples with earnings over $12,903 (and less than $150,000) got $800.

But you won’t get $400 from the payroll tax cut until your earnings reach $20,000; earnings have to be twice that high to yield the $800 that MWP gave to couples. So single taxpayers who earn less than $20,000 and married couples earning less than $40,000 will pay more in taxes under the payroll tax cut than under MWP (see graph). Like everyone else, those folks will keep their Bush-era tax cuts and everything else that would continue from 2010 into 2011. But because no other provisions would cut their 2011 taxes relatively to 2010, those taxpayers are unequivocally worse off under the compromise in 2011 than under the tax law we have this year.

This translates into about $200 in higher taxes for an individual or $300 in higher taxes for a couple at the very low-end of the income scale. As the Tax Policy Center’s Bob Williams wrote, “the agreement turns on its head his repeated argument that we need to give more to the poor and ask more of the wealthy. No wonder Democrats in Congress are mad.”

Indeed, House Democrats are threatening to alter the tax package before voting on it, if they support it at all. If they do change the deal — in addition to trying to rectify placing a tax increase on the working poor while delivering a windfall to the rich — House Democrats might want to see if they can include a reauthorization of the TANF Emergency Fund, which helps create jobs for low-income workers and has won the praise of Republican governors like Gov. Haley Barbour (R-MS).

Yglesias

Things That Are Either Significant Or Meaningless

When I went to Germany in October of 2009, I would tediously find a way to insert a question about whether or not Germany should rethink its export-oriented economic model into every discussion. The answer was universally “no.” Here in December of 2010, the answer is sometimes “yes.” It’s impossible to assess the real significance of the shift because of course I’m talking to different people. But I think there’s a real change. The outcome of the last election followed by the arrival of the CDU-FDP coalition followed by strong economic growth has, paradoxically, created the incentive for left-of-center Germans to start coming up with ideas about underlying weaknesses in the model.

Meanwhile, German consumption is in fact now rising.

What you of course don’t hear is “Germany is richer than Greece, Spain, or Portugal so naturally transfer payments to working class Germans should be cut in order to finance transfer payments to the poorer working classes of Greece, Spain, and Portugal.”

Politics

Bachmann’s Tax Double Standard: Cuts For Middle Class Cost Money, Cuts For The Rich Do Not

Rep. Michele Bachmann (R-MN) is one of a growing number of Republican lawmakers who are unhappy with the recent tax deal struck between the White House and the GOP, because, in their mind, the compromise contains too few tax cuts and too much money spent to help unemployed Americans. But discussing her stance on Fox News yesterday with host Megyn Kelly, Bachmann also took issue with the inclusion of President Obama’s cuts in payroll taxes for the middle class, complaining that they will increase the deficit. Employing an egregious double standard, however, Bachmann simultaneously denied that the Bush tax cuts for the wealthy will increase the deficit:

BACHMANN:[W]e’re pleased to see that we’re looking at a two percent reduction in the payroll tax, what we normally call the Social Security tax for employees. … What this will mean is a decrease in revenue for the Social Security Trust Fund. That will, again, add to the deficit going forward. So both of these measures that President Obama is proposing will actually have a cost towards increasing the deficit.

KELLY: Is it worth it to you though, to give the president the things that he’s asked for, like the extension of unemployment benefits, in order to preserve tax cuts for all Americans? [...]

BACHMANN: It’s curious to me that they say there’s a cost involved when people are allowed to keep their own money. And they’re talking about Americans being able to keep $700 billion of their own money. The cost is to the Treasury, but really it’s a cost out of the American peopeles’ pockets. So that’s a definition of terms.

The real cost will be in the outlay of unemployment benefits and in the reduction to the treasury in the Social Security taxes.

Watch it:

Of course, both the Obama payroll tax cuts and the Bush tax cuts will increase the deficit, but why does Bachmann only acknowledge this reality when it comes the middle-class cuts? Bachmann says “it’s curious” to suggest the Bush cuts cost money because they merely let people “keep their own money.” But this is exactly what the Obama payroll tax cuts do as well. Bachmann, who was for a practicing tax attorney for years, litigating “hundreds of civil and criminal cases,” should know better (and likely does).

Last night, Sen. Lamar Alexander (R-TN) offered the same double speak to Fox News host Greta Van Susteren. “The idea of cutting the payroll tax temporarily has been a Republican idea, as well as a Democratic idea. The problem is it costs money.” Nowhere in the interview did Alexander worry that the Bush cut for the wealthy also “costs money.”

And on Monday, Sen. Tom Coburn (R-OK) resorted to same cynical tactic on conservative radio host Laura Ingraham’s show, distorting the payroll tax cut as government “spending,” while ignoring the cost of the Bush cuts.

Tax cuts are a core component of conservatives’ governing agenda, and they have spent the last six months constructing a fantasy world in which cutting taxes does not increase the deficit. But it appears that when those tax cuts are for the middle class, and not the wealthy, those cuts suddenly become vilified as “spending,” and as costing too much money.

Health

Consequences Of The Midterms: Maine Gov Thought If 35 States Joined Health Lawsuit, It Would Die

On Sunday, Maine’s Gov.-elect Paul LePage — a Tea Party activist who ran on repealing the Affordable Care Act and infamously told President Obama to “go to hell” — announced that Maine should join the multi-state lawsuit challenging the law because if 35 states joined the suit, it “dies, automatically.” “I am going to be sitting with our attorney general and ask him to join the (health care reform) lawsuit against the federal government,” he said, adding that he had just learned about the 35-state rule.

Haven’t heard about the 35-state escape hatch? Well, that’s because it doesn’t exist. LePage confused actual law with a proposal introduced earlier this year in the House by Rep. Rob Bishop (R-UT) — chairman of the so-called 10th Amendment Task Force. LePage’s spokesperson explained that the governor-elect was suggesting that if enough states joined the effort, the law would die politically. “His intent was to discuss the concept of broad-based political opposition, rather than a nonexistent statutory or constitutional trigger,” the aide helpfully clarified.

Meanwhile, Maine’s new attorney general — William Schneider — is eager to join the lawsuit — with or without the 35 state rule:

William Schneider, the Durham Republican elected as attorney general by the Legislature on Wednesday, said in an interview that the Affordable Care Act, signed by President Barack Obama in March, violates the U.S. Constitution by requiring people to buy insurance or face an annual fine of $695.

There are no provisions in the constitution that give the federal government that kind of power, he said. Designed to help millions of uninsured Americans obtain affordable health care through government-imposed mandates and subsidies, the law is a “noble effort doomed by its failures,” said Schneider, who currently is an Assistant U.S. Attorney.

The new Maine duo — which possibly rivals Virginia’s conservative tag-team of Gov. Bob McDonnell and Attorney General Ken Cuccinelli — is already talking about eliminating Dirigo, the state’s expanded health care program. Once seen as a model for the public option, the initiative will likely be defunded by the Republican-controlled legislature. Currently, 134,700 (or 10%) Maine residents are uninsured.

Meanwhile, the AP reported yesterday that Wisconsin — which elected a Republican governor in the midterms — is also considering joining the multi-state lawsuit, bringing the number of participating states to 22.

Alyssa

A Free Man of Color

This interview with Jeffrey Wright is predictably wonderful and thoughtful. And I think this observation, “that’s rare among white writers, white directors that I’ve been involved with, that they’re willing to have a vulnerable conversation about race. I mean, that’s a function of the hackles and defensiveness that all too often get in the way of a real clear and productive communication,” is quite true. It’s what made David Mamet’s Race so bad. Mamet wanted the play to be rawand confrontational, but he forgot somewhere to make it honest, to understand that provocation isn’t the same as empathy. 


It’s one of the reasons I think Belize, the role in Angels in America that helped make Wright famous, is so well-done. Belize cares deeply about his white friends, most important among them Prior, but Kushner isn’t afraid to have him deliver devastating set-downs to white characters who cannot respond to them, and to make it clear that some of his white characters don’t understand Belize at all as a person, much less as a black man. There’s this great scene in Perestroika, the second half of Angels, when Belize tells Louis, the man who walked out on Prior Walter when he learned his lover had AIDS:

Just so’s the record’s straight: I love Prior but I was never in love with him. I have a man, uptown, and I have since long before I first laid my eyes on the sorry-ass sight of you…you never bothered to ask. Up in the air, just like that angel, too far off the earth to pick out the details. Louis and his Big Ideas. Big Ideas are all you love…The white cracker who wrote the national anthem knew what he was doing. He set the word “free” to a note so high nobody can reach it. That was deliberate. Nothing on earth sounds less like freedom to me.

What I love about that scene is Kushner’s refusal to give Louis an opportunity for a comeback, his utter comfort with giving a black man the last word on the matters of race. That scene is not about Louis’s correction and redemption by a saintly black man. It’s a tough, honest conversation between friends, one of whom is finding out that he isn’t nearly as good a friend to the other as he thought he was. What writers of any variety owe the issue of race is honesty. 

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