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Justice

House Passes Watered-Down Version Of Violence Against Women Act

The House has just passed a watered-down version of the Violence Against Women Act by a vote of 222 to 205. The GOP-backed iteration of the bill strips out the provisions to protect undocumented, Native American, and LGBT victims that were included in the Senate version.

VAWA is usually a non-controversial, bipartisan effort, but this year has become a political talking point, with Republicans trying to slow its passage and providing fewer protections for victims. A misogynistic ‘men’s rights’ group has even voiced its support for the GOP’s version of the bill.

Meanwhile, a female Republican joined other women Senators in pressuring the House GOP to pass the Senate’s version.

The House also voted down, by a vote of 187 to 236, a request to send the bill back to the Judiciary Committee. Rep. Gwen Moore (D-WI) introduced the motion, saying that the Republican’s bill violates the confidentiality a victim is entitled to by telling her abuser that she called the cops.

Now that the House has approved its version of the bill, it will go to conference to be negotiated by both the House and Senate. The President has issued a veto threat should the House version of the bill come to his desk.

Update

23 Republicans voted against the passage of the bill, while 6 Democrats voted in favor of it.

Update

196 men voted in favor of the watered-down version of the bill today: 191 Republicans, 5 Democrats.

Election

Elizabeth Warren Fights Back Against Claims She Used Her Native American Heritage For Gain

After the Boston Herald reported that Elizabeth Warren listed herself as “Native American” while she was a professor at Harvard Law School, Sen. Scott Brown’s (R-MA) campaign quickly attacked his Democratic opponent for listing herself as a minority, insinuating that she did so for professional gain. “Prof. Warren needs to come clean about her motivations for making these claims and explain the contradictions between her rhetoric and the record,” said Brown campaign spokesman Jim Barnett.

But Warren, who is likely 1/32 Cherokee (though it’s unclear if her great-great-great grandmother was full-blooded), fought back against Brown’s accusations, saying she grew up discussing her Native American heritage and hoped to meet others who shared similar roots, according to the Boston Herald:

I listed myself in the directory in the hopes that it might mean that I would be invited to a luncheon, a group something that might happen with people who are like I am. Nothing like that ever happened, that was clearly not the use for it and so I stopped checking it off,” said Warren.

The Harvard Law professor argued she didn’t use her minority status to get her teaching jobs, and slammed her Republican rival U.S. Sen.Scott Brown for suggesting otherwise.

The only one as I understand it who’s raising any question about whether or not I was qualified for my job is Scott Brown and I think I am qualified and frankly I’m a little shocked to hear anybody raise a question about whether or not I’m qualified to hold a job teaching,” she said, pushing to put Brown on defense. “What does he think it takes for a woman to be qualified?

Warren is right to be proud of her roots, and it is unfair for Brown’s campaign and others to attack her for it by accusing her of claiming minority status to improve her career. Native Americans faced discrimination and societal pressure to hide their backgrounds for years, and until 2005, Boston even had an antiquated law on the books that banned Native Americans from entering the city.

It is ignorant to attack Warren based on an arbitrary limit on how much Native American blood she has, when the tribe doesn’t even do that themselves. Just like Warren, the chief of the Cherokee Nation is only 1/32 Native American.

NEWS FLASH

Rep. Bruce Braley Becomes First Male Cosponsor of Violence Against Women Act | Rep. Bruce Braley (D-IA) became the first male cosponsor of the Violence Against Women Act reauthorization on Thursday. The bill has been an effort led by the women of the House of Representatives. Republicans have criticized the bill for its inclusion of the LGBT community, Native Americans, and undocumented immigrants. In a press release, Rep. Braley said he was moved to sign onto the bill after hearing Rep. Gwen Moore’s (D-WI) story of being raped as a girl.

Alyssa

Television Discovers Native Americans In New Shows at AMC and Showtime

Two shows doesn’t quite constitute a trend, but I was curious to note that both AMC and Showtime are developing shows about Native Americans. AMC’s working on a show about the football team at the Carlisle Indian Industrial School, which recruited students from what was then the Dakota Territory starting in 1879. Among its students? Jim Thorpe, the Olympian and football, basketball and baseball player who some people consider the greatest all-around athlete who ever lived. And Showtime is working on a contemporary show from Alexander Payne about the opening of an Indian casino in the Midwest.

These shows may not be perfect. Both come from white creators. And the AMC show seems likely to focus on Richard Henry Pratt, who founded the school and coached the team, which means it would have a white star (Tommy Lee Jones may direct the pilot). But that does, unfortunately, tend to be the way that marginalized people begin to move to the center of the frame. And in between these efforts, and the news that Robin McLeavy, the Australian actress who plays the most fully-realized part-Native American character in AMC’s Western drama Hell on Wheels, will become a series regular rather than a supporting character, we’ve got some movement in that direction. It’ll be a while before we know if these projects are worth their while, but I’m glad to see networks recognizing that there are interesting stories to be told in some of the diversity of Native American experience.

NEWS FLASH

Michigan Native American Tribe Set To Advance Marriage Equality | The Little Traverse Bay Bands of Odawa Indians could become the first Native American tribe in Michigan to recognize same-sex marriages and only the third in the U.S. The 4,000-member tribe live mostly in the Northern Lower Peninsula, and as a sovereign nation, it can implement marriage equality even though the state of Michigan has a constitutional amendment defining marriage only as a man and a woman. A tribe member pointed out that the definition of marriage as a union between a man and a woman did not exist until Europeans settlers introduced it.

Politics

Sen. Feinstein: GOP Is Saying ‘We Don’t Consider Violence To Be An Important Issue’

The Violence Against Women Act (VAWA) is up for reauthorization this year, and for the first time since its original passage, it’s facing pushback from Republicans.

Female senators are not happy about the sudden resistance to a usually uncontroversial bill. A few new provisions in VAWA add protections for undocumented people, the LGBT community, and Indian reservations, which have prompted a change of heart from anti-immigrant Republicans like Jeff Sessions, who said, “there are matters put on that bill that almost seem to invite opposition.”

In a Senate floor speech today, Sen. Dianne Feinstein (D-CA) argued that our values should demand that everyone deserves protection from domestic abuse:

The bill includes lesbian and gay men. The bill includes undocumented immigrants who are victims of domestic abuse. The bill gives native American tribes authority to prosecute crimes. In my view, these are improvements. Domestic violence is domestic violence. I ask my friends on the other side: If the victim is in a same-sex relationship, is the violence any less real, is the danger any less real because you happen to be gay or lesbian? I don’t think so.

If a family comes to the country and the husband beats his wife to a bloody pulp, do we say, ‘Well you’re illegal, I’m sorry, you don’t deserve any protections’? 911 operators, police officers, don’t refuse to help a victim because of their sexual orientation or the country where they were born, or their immigration status. When you call the police in America, they come regardless of who you are.

Feinstein added, “To defeat this bill is almost to say ‘we don’t need to consider violence against women — it’s not an important issue.’ It is.” Indeed, with all the recent attacks focused around women’s issues, Feinstein had a larger suspicion about blockage of the bill: “I hope that this bill is not part of a march. And that march, as I see it, over the last 20 years, is to cut back on rights and services to women.” Watch it:

In a show of general strength and support, the women of the Senate took to the floor today to fight for passage of the bill. Among the floor statements were both Democrats and Republicans, though no men spoke.

Climate Progress

Video: Is Nevada Coal Plant an Example of Environmental Injustice?

Native Americans in the Las Vegas valley are paying the environmental and health costs of coal without getting any of the economic benefit

by Zachary Rybarczyk

For almost 50 years, the Moapa Piaute Band has been living near one of the dirtiest coal plants in the nation, getting exposed to dangerous levels of noxious gases, coal ash, and water pollution. However, they haven’t seen the economic benefits they were promised – or any of the electricity.

In the 60’s, when the project developer needed support from the local Piautes to build the Reid Gardner power plant, a contract was drafted promising to hire members of the tribe. But today, no Piautes are employed at the plant, even while asthma rates, thyroid problems and cancer rates increase, according to the tribe.

A local television station, KLAS recently investigated the dispute:

The agreement only obligates the company to “try” to find spots for Paiutes. Some have worked at the plant over the years, yet today, no one from the reservation is employed by NV Energy.

“We apply for a lot of jobs down there but they deny us, and all that. Too high class to hire a bunch of Indians, you know,” said Paiute elder Elliot Bushead. “They don’t hire no Indians.”

Now, the plant owner NV Energy wants to extend the life of the aging facility. And the Moapa Piutes are partnering with environmental organizations to prevent the company from continuing operation, saying that the tribe is a victim of “environmental racism.”

Read more

Justice

Report: South Dakota Removes Hundreds Of Native American Children From Their Homes, Collects Millions In Federal Funds

One of the taken children. Photo Credit: NPR

There was a time in this country when thousands of Native American children were forced from their homes by public and private agencies, then sent to boarding schools where the school founder’s motto was “Kill the Indian, Save the Man.” This practice wiped out cultural ties and traditions from an entire generation on which tribes depended to carry on their legacies. In 1978, Congress passed the Indian Child Welfare Act, a law meant to ensure that Native American children stay with Native American families, especially when placed in foster care.

But an NPR investigation reveals that 32 states are “failing to abide by the act,” with the most egregious violations occurring in South Dakota. In this state, “Native American children make up only 15 percent of the child population, yet they make up more than half the children in foster care.” According to the investigation, “the state is removing 700 native children a year, sometimes in questionable circumstances,” claiming generic “neglect” when there isn’t any. State records reveal that “almost 90 percent of the kids in family foster care are in non-native homes or group care.”

Meanwhile, these questionable decisions to break up families create a massive inflow of federal money into the state:

Every time a state puts a child in foster care, the federal government sends money. Because South Dakota is poor, it receives even more money than other states – almost a hundred million dollars a year.[...]

Then there’s the bonus money. Take for example something the federal government calls the “adoption incentive bonus.” States receive money if they move kids out of foster care and into adoption — about $4,000 a child. But according to federal records, if the child has “special needs,” a state can get as much as $12,000.

A decade ago, South Dakota designated all Native American children “special needs,” which means Native American children who are permanently removed from their homes are worth more financially to the state than other children.

In 10 years, this adoption bonus program has brought South Dakota almost a million dollars.

As an example, the Children’s Home Society, the state’s largest foster care provider, has close ties to the state. As NPR notes, the foster home used to be run by state Gov. Dennis Daugard who “was on the group’s payroll while he was a lieutenant governor — and while the group received tens of millions of dollars in no-bid state contracts.” Meanwhile, tribal foster homes remain empty.

State officials insist that the money never played a part in the state’s decision to remove a child. “The state doesn’t financially benefit from kids being in care,” said one official. “The state is always paying some part of it.” But as state records show, the federal government reimbursed the state “for almost three quarters of the money it spent on foster care.”

Essentially, the state is removing children under nebulous circumstances and getting a huge pay out in return. As on tribal social worker put it, “they make a living off off our children.”

Justice

Gingrich’s Awful Speech Part III: Massive Resistance

The following is the third in a multi-part series on former Speaker Newt Gingrich’s speech to the Values Voter Summit. Part I of this series is available here. Part II is here.

Segregationist Virginia Senator Harry Byrd

Former Speaker Newt Gingrich began his speech to the Values Voter Summit by attacking a landmark Supreme Court decision desegregating a Little Rock high school. He then belittled slavery by comparing the greatest evil in American history to an inconsequential-by-comparison lower court decision that would have removed the words “under God” from the Pledge of Allegiance if the Supreme Court had not unanimously reversed it on appeal.

Having thus demonstrated his agreement with some of the worst and most harmful legal doctrines in American history, he then endorses another one: massive resistance.

“Massive resistance” is the label arch-segregationist Sen. Harry Byrd (D-VA) gave to his state’s plan to openly defy Brown v. Board of Education and maintain Virginia’s segregated schools. Although Gingrich’s speech gives no indication that he supports segregation, the former speaker proudly embraces Byrd’s tactic of simply refusing to comply with court decisions that he disagrees with:

I would instruct the national security officials in a Gingrich administration to ignore the recent decisions of the Supreme Court on national security matters, and I would interpose the presidency in saying, as the commander in chief, we will not enforce this. And by the way, for our liberal friends, the source of that is Franklin Delano Roosevelt.

In 1942 a group of German saboteurs were landed in Florida and Long Island. They were all picked up within two weeks. Roosevelt brought in his attorney general and said: They will be tried in a military court, they will be executed, it should happen within three weeks, and tell the Supreme Court if they issue a writ of habeas corpus, I will not honor, and therefore they should not issue it. I am the commander in chief in wartime. They aren’t.

Watch it:

President Roosevelt lifted America out of the Great Depression. He laid the foundation of a modern social safety net and ushered in three generations of American dominance and prosperity — and he defeated the most horrific dictator the world has even known to boot. Roosevelt rightfully is remembered as one of America’s greatest presidents, but anyone with even a passing understanding of FDR’s record on civil liberties in wartime knows that it stands as a shameful stain on an otherwise heroic record.

Moreover, Gingrich’s account of Roosevelt and the German saboteurs leaves out several very important details. Most notably, the Supreme Court upheld Roosevelt’s decision to use a military tribunal to try, convict and sentence the Nazi agents in a case known as Ex parte Quirin. Accordingly, Roosevelt never did what Gingrich suggests — openly defying a decision of the Supreme Court.

If presidents have the power to simply ignore court decisions they disapprove of, then literally no law is safe. If Gingrich can defy national security decisions, than he can defy court orders requiring his administration to pay Medicare benefits despite Republican opposition to that program. His Department of Justice can refuse to enforce voting rights or even actively come to the aide of efforts to disenfranchise poor and minority voters, no matter how many times he is ordered to obey the law.

And he can also do things that are far, far worse.

Elsewhere in the speech, Gingrich praises President Andrew Jackson’s contempt for a Supreme Court decision upholding the constitutionality of a national bank, but Jackson is also infamous for a much more significant conflict with the justices. After the Supreme Court determined in Worcester v. Georgia that Native Americans retain their rights to their tribal lands, Jackson probably never actually uttered the words “John Marshall has made his decision; now let him enforce it.” But he did forcibly relocate tens of thousands of Natives in open defiance of the Supreme Court. Thousands died during Jackson’s Trail of Tears.

Obedience to the rule of law is what separates American presidents from dictators and what ensures that our most fundamental freedoms are not vulnerable to a powerful official’s mere whim. If a president can defy one court decision, he can defy any court decision, and the Constitution and the law itself are the ultimate casualties.

Alyssa

‘Cowboys And Aliens’ Is Neither A Great Western Nor A Great Sci-Fi Adventure

I had some high hopes for Cowboys and Aliens. I don’t think it’s a particularly good movie, though it does fulfill at least some of Jon Favreau’s promises to make a non-revisionist movie about the Blood Meridian. But mostly it made me wish that rather than mashing up two genres, Favreau had left science fiction on the table and made a straightforward, racially-aware Western.

The aliens half of the movie isn’t particularly interesting. The main titular extraterrestrials turn out to be just another set of periodic table aliens — this time, the element they’re after, for no particularly discernable reason other than that it’s thematically appropriate, is gold. The extra creature from another planet in the mix, of course, turns out to be Olivia Wilde, who is neither motivated by precious metals nor encumbered, as it turns out, by the laws of mortality. Her motivations rest on a few lines of dialogue, and the invaders are only slightly more detailed, though we do know that they’re awfully good at building multi-purpose mining and defense vehicles that blend in with rock formations in the American Southwest. Similarly, Daniel Craig remains one of our great action heroes, a man who can plausibly take as much as he dishes out, but there just isn’t much to him. In a sense, both he and the aliens are a distraction from the much better plain Western going on around them.

The Western bits fare better, if imperfectly, because they tell a few basic stories, that of a boy and his dog, a man and a shotgun, and of a father and his two sons. The first is perfunctory: from the minute Col. Dolarhyde hands young Emmett Taggart a blade and tells him “Take the knife, be a man,” we know he will earn a place in his community through the more contemporarily acceptable method of stabbing the hell out of an alien, rather than an Indian. Much in the same way, the town’s emasculated barkeep, Doc, who is married to a Mexican woman, starts the movie humiliated before the entire town, his glasses literally kicked in the dust, and ends it a confident shot and a confident husband.

The third storyline is the most moving, and the most socially relevant of those three strains. Though Col. Dolarhyde goes a bit too quickly from a brutal cattle rancher to a hometown hero, his storyline poses an interesting question: what happens if you love the son you adopt better than the one of your blood? Particularly if he’s of another race? The movie’s momentum begins when the colonel’s blood son, Percy, wanders into town and starts shooting the place up, with special emphasis on humiliating Doc. When he goes too far, Nat, an Apache man who is part of Dolarhyde’s circle, tries to step up to keep Percy out of custody, and fails. And when the feckless, brutal Percy is snapped up by the alien invaders, Nat steps up to help the townsfolk go after him and everyone else who was taken.
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