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NEWS FLASH

The Chamber Spends More Than $4 Million In Just Three Months Lobbying For Corporate Immunity To The Law | Lobbying disclosure forms for the third quarter of 2011 are due tonight, and corporate America’s tort reform lobby has so far topped the list of the most profligate spenders. According to Politico:

More than two dozen companies, trade associations and lobby shops are reporting paying out more than $1 million on lobbying over the past three months. So far, the U.S. Chamber Institute for Legal Reform is topping that list, reporting shelling out nearly $4.2 million in July through August of this year. Registered lobbyists have until midnight tonight to file. Other top spenders thus far include defense contractor Lockheed Martin Corp. ($4.2 M), the United Services Automobile Association ($2.8 M), the aerospace company United Technologies Corp. ($2.7 M) and Prudential Financial ($2.6 M).

It’s unclear, however, why the Chamber even feels the need to spend all this money — since they already own an entire branch of the federal government. Often at the Chamber’s urging, the Supreme Court has empowered corporations to force consumers and workers into a privatized, corporate-owned arbitration system that overwhelmingly favors corporate parties. They have given corporations a magic key that will immunize them from class action lawsuits brought by their consumers. And they’ve given drug companies and other major corporations sweeping immunity from state law.

NEWS FLASH

DC Police Banned From Asking About Immigration Status | DC Mayor Vince Gray has barred city police from inquiring about immigrants’ legal status, formalizing a District practice observed since the 1980s. However, this move will not prevent DC from complying with Secure Communities, a program which was supposed to target criminals who are immigrants but has been widely criticized for targeting low-level or even non-offenders. Although several cities, including DC, have voted to opt out of the federal program, it appears they will have little choice but to comply.

-Rebecca Leber

Republican Gov. Sandoval Flatly Refuses To Consider Alabama’s Immigration Law For Nevada

ThinkProgress filed this report from the Western Republican Leadership Conference in Las Vegas, Nevada.

At a conference for Western Republicans in Las Vegas this week, GOP governors had varied reactions to Alabama’s radical anti-immigration law. Gov. Jan Brewer (R-AZ), who signed Arizona’s infamous SB17070 law, told ThinkProgress that she would like to implement the Alabama model, which goes further than her state by targeting school children and even making it illegal for undocumented immigrants to get water in their homes.

Gov. Brian Sandoval (R-NV), however, said Alabama’s law would not be right for his state:

KEYES: What about Alabama’s immigration law?

SANDOVAL: That’s in litigation right now, so–

KEYES: Is that something you see as a model that Nevada might be able to use?

SANDOVAL: I don’t. I don’t.

KEYES: You don’t think it’d be appropriate?

SANDOVAL: I don’t see it as being a model.

Watch it:

Nevada and Arizona are both states with a large immigrant population. The two divergent policy positions between Brewer and Sandoval highlights the larger schism in the Republican Party in terms of immigration and the Hispanic population.

Despite a federal court blocking parts of the Alabama law for now, including the schools provision, hundreds of Hispanic children have refused to show up at school and many families are fleeing the state.

NEWS FLASH

Santorum Hammers Cain For Suggesting Women Have A Right To Choose | In his bid to lock down the social conservative vote, former Pennsylvania Sen. Rick Santorum slammed fellow GOP presidential candidate Herman Cain at a campaign stop in New Hampshire today for taking a vaguely pro-choice stance on CNN last night. Confusingly, Herman Cain has previously said he’s opposed to abortion even in cases of rape or incest, but Santorum seized on his more recent comments, comparing him to President Obama. From a press release:

“In fact, Herman’s pro-choice position is similar to those held by John Kerry, Barack Obama and many others on the liberal left. No, Herman, it is not ‘whatever they decide,’this is an innocent human life. It is unconscionable for Herman to run for the nomination of the Party that stands in defense of Life while showing disregard for the sanctity of Life. You cannot be both personally against abortion while condoning it – you can’t have it both ways. We must defend the defenseless, period.”

Update

Cain tries to tweet away any suggestion that he respects women’s right to choose:

How The NRA Plans To Force Nearly Every State To Follow The Nation’s Worst Gun Laws

The NRA threw its full weight behind a bill called the National Right-to-Carry Reciprocity Act, and members of Congress leaped to do their bidding. In all, 246 lawmakers signed onto the bill in the House, all but ensuring that it will pass that chamber, and more than half of the Senate Republican caucus co-sponsored an even more radical form of the bill during the last Congress. If the bill becomes law, it would allow nearly anyone to shop around for the one state that is willing to issue them a license to carry a concealed firearm, and then force other states to honor that license.

Notwithstanding any provision of the law of any State or political subdivision thereof, related to the carrying or transportation of firearms, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm, may carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State, other than the State of residence of the person, that–

‘(1) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or

‘(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.

Many states’ licensing rules for concealed carry are shockingly lax. Florida, for example, issued 1,700 concealed carry permits to people with “criminal histories, arrest warrants, domestic violence injunctions and misdemeanor convictions for gun-related crimes.” Because Illinois is the only state that does not have a concealed carry law, the NRA’s bill would render out-of-state visitors immune to every state but Illinois’ licensing laws — so long as they obtained a license from a state that practically gives them away.

Lest there be any doubt, this law has nothing whatsoever to do with the Second Amendment. As Justice Scalia suggested in District of Columbia v. Heller, there is no constitutional right to secretly conceal a firearm from the people around you. In Scalia’s words, “[f]rom Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues.”

Yet, while forcing New York to honor Florida’s poorly vetted carry licenses has nothing to do with the Second Amendment, it flies directly in the face of the right’s professed views on the 10th Amendment’s guarantee of states rights. The NRA’s bill is a direct attack on each state’s ability to determine on its own how best to protect the public’s safety.

Ultimately, however, this kind of fair weather tentherism is nothing new. Conservatives hate federal regulation of health care, until they want to invalidate state tort law or immunize the insurance industry from state consumer protection law. They label Medicare, Social Security and even child labor laws violations of states rights, then cheer Supreme Court justices who would give banks, drug and tobacco companies sweeping immunity from state law.

In other words, the right’s lockstep embrace of the NRA’s concealed carry bill is just one more example of conservatives’ willingness to claim that the Constitution means whatever they want it to mean.

Senate GOP Hurls Tenthers Under The Bus In So-Called ‘Jobs’ Bill

Last week, the Senate GOP cobbled together a list of longstanding Republican priorities — such as repealing the Affordable Care Act and amending the Constitution to lock Tea Party fiscal policy in place permanently — called it a “jobs” bill and hoped that this hodgepodge of old ideas would distract from President Obama’s popular jobs plan. Interestingly, this grab bag of old right-wing ideas includes a tort reform bill called the “Medical Care Access Protection Act,” which imposes Texas-style damages caps on medical malpractice suits. A handful of tenther lawmakers opposed this bill because it violates their overarching principle that nearly everything the federal government does violates the 10th Amendment. By including this proposal in its high profile attempt to take attention from Obama’s jobs plan, the Senate GOP sends a pretty clear message that they don’t actually care about tentherism — they only pretend to care in order to use the 10th Amendment as a weapon against President Obama.

It’s hardly shocking to discover that Senate Republicans view the Constitution as nothing more than a ball of clay that can be molded into whatever shape they want it to take, but it’s worth noting just how expansively these GOP lawmakers view their own constitutional authority. Far from accepting the tenther view that nearly everything is unconstitutional, the Medical Care Access Protection Act endorses a theory of federal power that is more expansive than that taken by any the Supreme Court:

(2) EFFECT ON INTERSTATE COMMERCE- Congress finds that the health care and insurance industries are industries affecting interstate commerce and the health care liability litigation systems existing throughout the United States are activities that affect interstate commerce by contributing to the high costs of health care and premiums for health care liability insurance purchased by health care system providers.

The reason for this segment of the bill is to invoke Congress’ power to “regulate commerce…among the several states” in order to justify the bill under the Constitution. The problem with this justification, however, is that the Supreme Court unanimously rejected the view that Congress may regulate any matter that simply “affects” commerce. In United States v. Lopez the majority said Congress can regulate matters that have a “substantial” effect on interstate commerce, and the dissenters said that Congress can regulate matters that have a “significant” effect on interstate commerce. The Senate GOP, by contrast, seems to believe it can do anything at all so long its actions have some miniscule impact on the nation’s economy.

This view is obviously not compatible with the view Senate Republicans took in the amicus brief they filed in the Affordable Care Act litigation, where the overwhelming majority of the GOP caucus endorsed the view that a comprehensive regulation of the entire national health care market is somehow not a constitutional regulation of interstate commerce. Indeed, the Senate GOP’s own lawyer — the author of their brief attacking health reform — has a lengthy post at the National Review slamming their decision to prefer tort reform to tentherism.

Ultimately, however, expecting these lawmakers to take a principled stance on the Constitution is a fool’s errand. When they want to legislate, they believe the Constitution gives them all the power they need. But when President Obama wants to pass new laws, they’re happy to embrace a fringe reading of the Constitution in order to sabotage the president’s agenda.

NEWS FLASH

Herman Cain: ‘The Government Shouldn’t Be Trying To Tell People Everything To Do’ With Social Issues Like Abortion | Last week, GOP presidential front runner Herman Cain ran himself in circles over the fairly basic question: “Should abortion be legal?” Insisting that abortion should not be legal “under any circumstance,” while insisting that what a woman does with her body is “her choice. That’s not government choice.” Given a week to get it straight, Cain is still confused. Last night on CNN’s Piers Morgan tonight, Cain again said “under no circumstances” does he support abortion. But when pressed on the rape or incest exception, he changed his mind: “It’s not the government’s role, or anybody else’s role, to make that decision…it ultimately gets down to a choice that that family or that mother has to make. Not me as president.” He said as president, he could still hold this opinion without “it being a directive to the nation.” Watch it:

Justiceline: October 20, 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 birther movement pauses its Ahabeqsue quest to declare President Obama ineligible for the White House to also decree that Sen. Marco Rubio (R-FL) cannot be president. Like Obama, Rubio shares the apparently disqualifying characteristic of not being white.
  • Nina Burleigh reports on the stark goals of the emerging “personhood” movement:

    For Kiessling, and the new ilk of radical pro-lifers behind what they call the “Personhood” movement, anything less than a total abortion ban is simply mealy-mouthed appeasement. They don’t bother with “redefining rape,” an item on the agenda of the comparatively warm water pro-lifers in the House this year. As far as the “Personhood” crowd is concerned, it doesn’t matter whether a rape was forcible or not: if the rape made a pregnancy, the rape victim must be legally required to gestate and give birth to a baby.

    As ThinkProgress’ Marie Diamond reports, their goals also include banning many forms of contraceptives.

  • A lawsuit alleges that the Tea Party Patriots exacted revenge against a Tea Partier who slighted them by spreading a rumor that her daughter “had been raped, reported the rape to the police and was kicked out of her home by her mother and her mother’s boyfriend as a result of reporting the rape.”
  • Ken Cuccinelli launches yet another lawsuit-driven witchhunt. This one is against the EPA.
  • And, finally, Justice Kagan has gone on “several hunting trips” with her colleague Justice Scalia. We can only pray that Scalia is a better shot that his sometime duck hunting companion Dick Cheney.

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