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Herman Cain Breaks With NRA On The Second Amendment

In an interview with CNN’s Wolf Blitzer earlier this week, former pizza executive and GOP presidential candidate Herman Cain took a surprisingly liberal view on gun control:

BLITIZER: Let’s talk about gun control. Do you support any gun control?

CAIN: I support the Second Amendment.

BLITZER: So you don’t? What’s the answer on gun control?

CAIN: The answer on gun control is I support, strongly support, the Second Amendment. I don’t support onerous legislation that’s going to restrict people’s rights in order to be able to protect themselves as guaranteed by the Second Amendment.

BLITZER: Should states or local governments be allowed to the gun situation . . .

CAIN: Yes

BLITZER: So the answer is yes?

CAIN: Yes. The answer is yes, that should be a state’s decision.

Watch it:

Cain’s position — that Congress can’t regulate guns but states can — not only places him well to the left of the NRA, it also places him at odds with the Supreme Court. In McDonald v. Chicago, the justices held 5-4 that the Second Amendment applies equally to the states and to the federal government.  So any gun control law that Congress could not enact also cannot be enacted by state or local governments as Cain would prefer.

Cain’s relatively moderate stance on gun control also places him well to the left of the Republican Party. Senate Republicans savaged Justice Sonia Sotomayor during her confirmation hearings because she took the Herman Cain position on gun control while she was a lower court judge — although Sotomayor’s decision was the correct one because it came down before the Supreme Court changed its interpretation of the Second Amendment in McDonald.

To be fair to Cain, however, it is much more likely that he simply doesn’t know anything about the Second Amendment than that he actually is staking out a somewhat liberal position on guns. In his first Sunday show interview, Cain exposed his utter ignorance of foreign policy by not understanding what the Palestinian “right of return” is. Cain launched his campaign with a speech that mixed up the Constitution and the Declaration of Independence. He claimed that Congress is powerless to regulate bankruptcy, even though the Constitution says exactly the opposite. And he embraced a wildly unconstitutional plan to force Islamic federal employees to swear a loyalty oath.

In other words, Cain is clearly more interested in making the Constitution up as he goes along than in actually following it.

LGBT

New Medicaid Regulations Shield Same-Sex Partners From Poverty, Homelessness

(Photo Credit: Max Whittaker/Getty Images)

Among the many inequities elderly LGBT couples face under the Defense of Marriage Act (DOMA), Medicaid’s can be the most disastrous (PDF). When a spouse from an opposite-sex couple applies for institutional care, Medicaid pools the couple’s assets and allows the healthy spouse to retain most of them (up to about $110,000). However, individuals in same-sex couples must apply as “single,” and the healthy spouse is not entitled to any assets or property in their partners’ names. As a result, the healthy partner can be left homeless and impoverished. (Such a situation took place last April when Sonoma County, California separated an elderly gay couple and sold off their possessions.)

Today, though, the Obama administration issued new policy guidelines informing states that they can offer their own protections to prevent this happening. While the protections are not required, the guidelines open the door for states — particularly those who recognize same-sex unions — to shield couples from losing their homes when one of the partners needs to utilize Medicaid services:

The Federal beneficiary protections listed above represent the minimum level of protection, in other words, the “floor” for protection from imposition of liens, that must be implemented by the State.  States have considerable flexibility to determine the “ceiling” for such protection and to develop their own rules regarding when they will impose/pursue liens, as long as the Federal beneficiary protections noted above are fully implemented.  A State can have a policy or rule not to pursue liens when the same-sex spouse or domestic partner of the Medicaid beneficiary continues to lawfully reside in the home.

LGBT older adults are disproportionately vulnerable to financial insecurity, due to job discrimination, stigma, and inequity in services like Social Security and Medicaid. According to a report last year from the Movement Advancement Project, 42 percent of LGBT elders said financial problems are a big concern in their lives, with 47 percent reporting having less than $10,000 in savings and other assets. Lesbian couples face particular hardship because of the income gender gap, with twice as many senior lesbian couples (9.1 percent) living in poverty as senior straight couples (4.6 percent).

Couples will not truly be protected until Congress repeals DOMA. Still, if states utilize this opportunity to institute some protections around Medicaid, it could spare couples from being separated and losing their homes in the meantime.

NEWS FLASH

McConnell Confirms Senate GOP Will Block Any Consumer Protection Bureau Nominee | A spokesman for Senate Minority Leader Mitch McConnell (R-KY) confirmed yesterday that Republicans intend to block anyone President Obama names to head the new Consumer Financial Protection Bureau. “It’s any nominee,” said McConnell spokesman Donald Stewart. Republicans want substantial changes to the bureau’s structure that would render it ineffective. If the bureau does not have a director by July 21, it “will have limited ability to write new rules or supervise certain financial firms that are not banks, such as payday lenders.”

Supreme Court Upholds Harsh Cocaine Sentences

A drug user needs to possess 18 times as much powder cocaine to get the same sentence as a person caught with “cocaine base” under federal law — a provision commonly known as the crack/powder disparity because the most common form of base cocaine is crack. Yesterday, however, the Supreme Court held that the harsher sentences also apply to “coca paste” and “freebase” cocaine, which are chemically similar to crack.

As a matter of law, this was the correct decision. As Justice Sotomayor’s unanimous opinion explains, the words “cocaine base” mean cocaine in a certain chemical form, and crack, paste and freebase all fit within the meaning of these words. As a matter of policy, however, the crack/powder disparity is impossible to justify.

The disparity was created in 1986 to suppress widespread fear of a crack epidemic, but the practical effect of this and similar kinds of harsh drug sentences has been to fill state and federal prisons with non-violent offenders who pose little, if any, real threat to society. Indeed, many states are now looking for ways to stop filling their prisons with drug offenders in order to control costs and eliminate prison overcrowding; conditions in California had become so bad that the Supreme Court recently held that the state’s overcrowded prisons amount to unconstitutional cruel and unusual punishment.

Moreover, because African-American drug users tend are more likely to use crack, while white drug users tend to use powder cocaine, the practical effect of the disparity has been to fill the federal prison system with non-violent African-American offenders. Eighty to 90 percent of defendants convicted of crack offenses are black, while 70 percent of powder cocaine offenders are white or Hispanic. As one federal judge once put it, the disparity “makes the war on drugs look like a ‘war on minorities.’ ”

As an added cruelty to the defendant in yesterday’s case, the crack/powder disparity used to be even harsher on crack offenders — a 100:1 ratio rather than the 18:1 ratio under current law. President Obama signed a law in 2010 which reduced future crack sentences, but it does not apply retroactively. As a result, thousands of small-time offenders are currently serving draconian sentences that Congress already decided are way too long.

NEWS FLASH

No Federal Judges Have Been Confirmed For The Last Four Weeks | The Senate has confirmed no judges for the last four weeks, which means that judges are once again retiring faster than new ones are being confirmed. Thanks to Republican obstruction, the Senate confirmed fewer judicial nominees during Obama’s first two years in office than during the same point in any other presidency in American history. At that pace, one-half of the federal bench will be empty within 10 years.

Politics

New Right-Wing Billboard Campaign: ‘The Most Dangerous Place For A Latino Is In The Womb’

The tidal wave of right-wing politicians elected in 2010 sparked an unbridled anti-choice campaign that has unleashed nearly 1,000 increasingly radical anti-abortion bills across the country. Following a “conceived in rape” tour that aims end a sexual assault victim’s right to choose, a burgeoning billboard campaign seeks to blame minority women for high abortion rates. Across the country, groups like Lifehave have set up billboards in minority neighborhoods claiming, “Every 21 minutes, our next possible leader is aborted.”

Now the movement is branching out. The right-wing advocacy group Latino Partnership for Conservative Principles launched a new billboard campaign this week in Los Angeles directed at abortion providers in Latino communities. Insisting that “Latinos are being targeted by organizations that promote abortion like Planned Parenthood,” Latino Partnership for Conservative Principles is putting up billboards stating, “El lugar mas peligroso para un Latino es el vientre de su madre,” or, “The most dangerous place for a Latino is in the womb”:

 

 

The billboard campaign was launched this week in part to “kick off” the “Unidos por la Vida” (United for Life) event being held at the Los Angeles Sports Arena this Sunday, which will feature anti-Planned Parenthood activist Lila Rose and Texas Gov. Rick Perry (R). Unidos por la Vida benefits the anti-choice Latino group Manto de Guadalupe, which was founded by actor Eduardo Verastegui in December 2005 with the mission of “promoting adoption.” Verastegui — who starred in the anti-choice movie Bella — announced plans in January “to build the largest pro-life clinic in the U.S. to be located in Los Angeles.” According to anti-choice activists Jill Stanek, proceeds from Unidos por la Vida will go to build that clinic.

The irony here is that by targeting organizations like Planned Parenthood, these right-wing groups are exacerbating the root causes behind the higher abortion rates in minority communities. Inadequate health insurance, substandard health care, ineffective use of contraceptives, and poor sex education often leave abortion as the only resort choice for women, particularly those in low-income areas. Planned Parenthood, however, provides these very health services needed that help prevent abortion as a last resort.

And so many minority organizations are joining together to condemn the campaign. The National Latina Institution for Reproductive Health slammed it as “nothing more than political ploys designed to stigmatize Latina women and communities of color” and urged the swift removal of the billboards. Decrying “the anti-woman, anti-immigrant, anti-worker reality” Americans face today, California Latinas for Reproductive Justice (CLRJ) said, “These ads create a place for hate mongers to hide behind.”

NEWS FLASH

Appeals Court Reinstates Lawsuit Against AZ Prosecutor For Wrongful Arrests | The U.S. Court of Appeals for the Ninth Circuit reinstated the portion of a federal lawsuit filed by the owners of Phoenix New Times against the special prosecutor who they claim ordered their arrests under orders from Arizona Sheriff Joe Arpaio. Although the appeals court also ruled that Maricopa County Attorney Andrew Thomas has complete prosecutorial immunity and that there is no case against Arpaio, the judges found that the “arrests showed a definite ‘chilling effect’ on the paper’s right to publish without fear of political and government pressure.” In a partial dissent, Judge Jay Bybee called the case a “sordid tale of abuse of public office” and argued that “Arpaio used his considerable political clout in an attempt to pressure various prosecutors into charging the Phoenix New Times.”

Birther Alan Keyes Slams Herman Cain’s Unconstitutional Assault on Muslims

Former Ambassador and perennial losing candidate Alan Keyes has long been the gold standard for right-wing extremism. Keyes sued President Obama in a birther lawsuit claiming the Obama was born in Kenya. He called the president a “radical communist” and a “usurper.” And he once called embryonic stem cell research the “moral equivalent of Nazi medical experiments on the inmates of death camps during World War II.” Yet, in a column published at the birther website World Net Daily, Keyes slams GOP presidential candidate Herman Cain for saying he would require Muslim federal employees to swear a loyalty oath:

Herman Cain is certainly aware that the First Amendment withholds from the U.S. government the power lawfully to prohibit the free exercise of religion. But has he thought at all about the connection between that provision and the one that says that no religious test shall ever be required as a qualification for “any office or public trust under the United States”? Mr. Cain apparently believes that in today’s world Americans have good reason to distrust any follower of Islam. But the Constitution explicitly prohibits officials of the U.S. government from applying religion as a criterion for public trust, whatever their individual inclinations. This means that whatever his personal predilections, as president of the United States Mr. Cain (and anyone else elected to that office) would be required to set aside his personal views. He could not as a matter of public policy take the position that an office or public trust under the U.S. government (including a seat on the Supreme Court) would be withheld from someone of the Muslim or any other religion until they dispelled to his satisfaction some prejudice (however justified it seems to him, to me or to anyone else) as to their loyalty.

Truer to form, Keyes’s column also makes the alarmist claim that “adherence to Islam is chief among the characteristics of those who pose a threat to U.S.” But his constitutional analysis is uncharacteristically apt. Cain’s proposed assault on Islamic Americans is nothing less than a direct assault on the Constitution.

 

More importantly, the fact that one of America’s leading birthers can’t keep up with Cain’s radicalism is a revealing window into just how far off the deep end the GOP has fallen. Cain skyrocketed from utter obscurity to become one of the leading GOP primary candidates in recent polls. He dominated a focus group of GOP debate watchers, and he enjoys the most intense support of any GOP contender in the race, according to Gallup. And yet Cain’s views are so beyond the pale that Alan Keyes is running away from them.

Justiceline: June 10, 2011

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

  • The Washington Supreme Court holds that an employee can be fired for medical marijuana use, even if they are doing so with a state-sanctioned prescription.
  • The Mississippi Supreme Court formally reprimands a state judge for jailing an attorney who wouldn’t say the Pledge of Allegiance.
  • And, finally, for the three people in America who just can’t get enough of Sharron Angle — she has a new, self-published autobiography.

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