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Republicans Backing A Balanced Budget Amendment Refuse To Say How They’d Balance The Budget

This week, House Republicans plan to engage in some political theater, voting on a plan that would only allow the debt ceiling to be raised if a balanced budget amendment (complete with a cap on federal spending) is approved by Congress and sent to the states for ratification. Speaker of the House John Boehner (R-OH) has said that the so-called “cut, cap, and balance” plan is “a solid plan for moving forward.”

However, several Republicans who back the “cut, cap, and balance” plan only seem to care about those principles in the abstract. Bloomberg asked some who support the plan what government programs they would cut in order to balance the federal budget, and they either didn’t know or refused to answer:

Hatch, a Utah Republican facing re-election in 2012, wouldn’t offer specifics on entitlement cuts or say which federal departments he would close to reach a balanced budget.

“When the time comes, I’ll name them,” said Hatch. “I don’t want to do it right now, because we have to pass that amendment.” [...]

Representative Flores, a freshman Republican, said he couldn’t name specific cuts “off the top of my head.”

Identifying cuts isn’t necessary at this point, he said, because the voters aren’t “trying to get down in the weeds on where the cuts would come. They want the balanced- budget amendment.”

Asked what cuts he would make to comply with a constitutional amendment, Representative Allen West, a first-year Republican from Florida, didn’t cite specific programs yet pointed to a Government Accountability Office study earlier this year that identified “about $200 billion of duplicative and redundant government programs.”

This sounds a lot like the 2010 election campaign, where Republicans railed against government spending but then were chronically unable to name a single program that they were willing to cut.

As we’ve noted before, a balanced budget amendment would force the government to make economic downturns worse, by slashing spending when the economy needs support. Under a balanced budget amendment, the radical House Republican budget authored by House Budget Committee Chairman Paul Ryan (R-WI) would be unconstitutional, as it doesn’t cut spending fast enough.

Bill Hoagland, a budget adviser to Republican leaders from 1982 to 2007, called the amendment “a political cheap shot,” while Scott Galupo, a former staffer for Boeher, has called the idea “quite simply, insane.”

Bruce Bartlett, a former economic adviser for Presidents Ronald Reagan and George H.W. Bush, noted that the amendment is a phony solution to the budget mess that allows Republicans to support a balanced budget while not having to “support anything politically unpopular.” Indeed, as the Republicans quoted above make clear, they really have no idea how they’d balance the budget; they just want it to magically balance itself.

Federal Judges Are Retiring At Twice The Rate New Judges Are Being Confirmed

Judicial Nominee Paul Oetken

Later today, the Senate will hold a confirmation vote on Paul Oetken’s nomination to a federal judgeship in New York City. If confirmed, Oetken will be the first of President Obama’s three openly-gay nominees to join the bench — but he will also be only the fourth new federal judge in two months.

Because approximately one federal judge retires every week, this means that the federal bench is currently losing judges twice as fast as new ones are being confirmed. And this near-shutdown in judicial confirmations is nothing new. The moment President Obama took office, Senate Republicans launched an unprecedented game of obstruction against his judicial nominees, slowing the judicial confirmation to just over half what it was during at this point in the last two presidencies:

And, of course, this practice is hardly limited to federal judgeships. Republicans promised to filibuster Consumer Financial Protection Bureau nominee Richard Cordray — or anyone else nominated to head that agency — before President Obama even named Cordray. Sen. Ron Johnson (R-WI) even threatened to block every single item of business that comes before the Senate unless Congress slashes federal spending by a massive 37 percent.

So we’re witnessing a massive, multi-pronged effort to dismantle the federal government’s ability to function at all, and the blockade on new judges is a very significant part of that effort.

Health

As Kansas Rakes Up Thousands In Legal Fees, Activists Push For More Anti-Abortion Measures

Anti-choice lawmakers in Kansas have “passed bills that set new licensing requirements for medical facilities that provide abortions; banned abortions after 21 weeks based on the disputed notion that fetuses can feel pain then; required minors seeking an abortion to obtain the notarized written consent of both parents or a legal guardian; restricted private insurance coverage for abortions; and redirected federal family planning funds from Planned Parenthood to other health care agencies.” Now, conservative forces in the state are pushing two more restrictive abortion measures that seek to challenge Roe v. Wade:

A petition has begun circulating for Gov. Sam Brownback to convene a special session this fall to consider a so-called “heartbeat bill” that would ban abortions when a fetal heartbeat is detected.

Another group plans to introduce a bill calling for a state constitutional amendment guaranteeing the rights of personhood to every human being from the beginning of biological development, including fertilization.

Both measures would defy Roe v. Wade, the 1973 U.S. Supreme Court decision that affirmed a woman’s right to have an abortion until the fetus would be viable outside the womb, usually at 22 to 24 weeks.

The Kansas City Star’s Fred Mann reports that both efforts stand little chance of passing, as anti-choice groups are still divided over strategy and see the bills as an overreach that could lead to setbacks in the courts. Personhood petitions, for instance, are now active in all 50 states, but no state has yet approved the measure. Proponents “were soundly defeated in Colorado twice, in 2008 and 2010″ and the measure is up for a vote in November in Mississippi.

Still, the ongoing abortion wars will continue to undermine women’s reproductive health and tax the state’s economy. Already, as Kansas slashes spending, Attorney General Derek Schmidt has hired two law firms that will be paid up to $300 an hour to defend lawsuits brought by two Kansas City area abortion providers and another filed by Planned Parenthood challenging the state’s restrictive abortion licensing laws.

New Hampshire Governor Fails To Veto Unconstitutional Health Care Nullification Law

Nineteenth century nullificationist Senator John C. Calhoun

Last week, New Hampshire joined the handful of states that have enacted wildly unconstitutional laws claiming to nullify part of the Affordable Care Act. Perhaps most distressingly of all, however, the state’s Democratic Gov. John Lynch refused to exercise his authority to veto the bill:

I today allowed SB 148, to become law without my signature.

SB 148 purports to block the individual coverage provisions included in the Patient Protection and Affordable Care Act from going forward in New Hampshire. [...]

On a practical level, there is no mechanism for the State of New Hampshire to enforce SB 148. Under the Patient Protection and Affordable Care Act, the assessments for not obtaining health insurance will not be administered through the state but through the Internal Revenue Service. Legislators and the public should understand that this legislation would have no impact on the capacity of the State of New Hampshire to block the individual health insurance mandate or the federal assessments for not obtaining insurance.

Lynch is, of course, correct that this law has no legal impact whatsoever. The U.S. Constitution provides that Acts of Congress “shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding,” thus expressly establishing that states do not have a veto power over federal laws. So the bill Lynch just allowed to become law is nothing more than an impotent middle finger to the express language of the Constitution.

But while this unambiguously unconstitutional law has no legal effect, Lynch is simply wrong that it has no practical effect. A recent poll found that 22 percent of the country falsely thinks the Affordable Care Act has been repealed, and another 26 percent were not sure. When states are allowed to engage in unconstitutional stunts such as this one, they only add to the confusion.

Of course, Lynch is hardly the worst culprit here — that honor goes to the right-wing lawmakers who pushed this direct attack on the Constitution in the first place. But Lynch swore an oath to support the Constitution when he became governor, and he should have used all the tools available to him to push back against the far right’s belief that the words of the Constitution mean whatever they want them to mean.

NEWS FLASH

Straight Man Who ‘Appeared Gay’ Not Allowed To Give Blood | A blood bank in Gary, Indiana, rejected a 22-year-old man from giving blood because they said he “appears to be a homosexual.” “I was humiliated and embarrassed,” said Aaron Pace. “It’s not right that homeless people can give blood but homosexuals can’t. And I’m not even a homosexual.” The blood bank cited the 30-year-old federal policy of refusing to let any man who has had sex with another man, even once, since 1977 donate because of their perceived greater risk of transmitting blood-born diseases. Despite a chronic shortage of blood in this country, the American Red Cross stands by its policy of rejecting blood donations by gay men, despite the fact that all blood samples are tested for STD’s and other diseases.

18 Democratic House Members Join GOP To Entrench Corporate Money In Elections

On Friday, the House passed an anti-transparency amendment, which would “prohibit the use of funds to implement any rule, regulation, or executive order regarding the disclosure of political contributions.” This amendment would strip away the Obama Administration’s ability to mitigate the flood of corporate money that started buying American elections after the Supreme Court’s decision in Citizens United v. FEC by requiring corporate donors to disclose their contributions.

Bizarrely, 18 Democrats joined nearly every Republican to pass this amendment 259 to 169. The 18 Democrats who voted to protect corporate America’s power to secretly spend unlimited amounts of money influencing elections are:

Jason Altmire (PA-4); John Barrow (GA-12); Dan Boren (OK-2); Ben Chandler (KY-6); Gerald Connolly (VA-11); Jim Cooper (TN-5); Jerry Costello (IL-12); Mark Critz (PA-12); Henry Cuellar (TX-28); Peter DeFazio (OR-4); Michael Honda (CA-15); Jim Matheson (UT-2); William Owens (NY-23); Edward Pastor (AZ-4); Colin Peterson (MN-7); Nick Rahall (WV-3); Mike Ross (AR-4); and Heath Shuler (NC-11)

It’s anyone’s guess why these members of Congress choose to place corporate interest groups ahead of the integrity of American elections, but it is possible that they were influenced by a massive corporate PR and lobbying campaign against transparency in campaign finance. After news broke that the Obama Administration is considering issuing an executive order requiring government contractors to disclose their campaign donations, industry groups responded by ginning up paranoid fantasies claiming that the administration would use these disclosures to create a “pay to play” scenario where only contractors who donate to Democratic causes could receive contracts.

But, of course, this scenario is actually the opposite of what would actually happen if disclosure were mandated. During the Bush Administration, former Housing and Urban Development (HUD) Secretary Alphonso Jackson resigned in disgrace after he was implicated in widespread scandals involving cutting President Bush’s opponents out of the contracting process and awarding contracts to his personal cronies. Had a disclosure rule been in effect, however, it would have been possible to compare the donation patterns of all government contractors against who was awarding them contracts, and systematically uncover examples of political corruption.

Transparency is the enemy of corruption — not the means to implement it. It is very sad that a majority of the House chose to ignore this simple and obvious fact.

Justiceline: July 18, 2011

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