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Justice

Rand Paul Signs Fundraising Email Calling For Congress To Simply Ignore Roe v. Wade

Earlier today, the National Review’s mailing list distributed an email (which can also be found here) signed by Sen. Rand Paul (R-KY), which called for Congress to pass a law effectively rendering a binding Supreme Court decision a nullity:

Working from what the Supreme Court ruled in Roe v. Wade, pro-life lawmakers can pass a Life at Conception Act and end abortion using the Constitution instead of amending it. . . . Signing the Life at Conception Act petition will help break through the opposition clinging to abortion-on-demand and get a vote on this life-saving bill to overturn Roe v. Wade.

A Life at Conception Act declares unborn children “persons” as defined by the 14th Amendment to the Constitution, entitled to legal protection.

It’s not entirely clear why Paul believes Congress has this power, and the email he signed does not provide a fully developed legal argument making the case for such an law. Instead, it appears to argue that Congress can simply grant full legal “personhood” status to fetuses under the 14th Amendment because Roe left open “the difficult question of when life begins.” This is not a correct reading of the Roe decision, however. The Roe opinion is unambiguous that “the word ‘person,’ as used in the 14th Amendment, does not include the unborn.”

Whether one agrees with this opinion or not, Congress does not have the power to flout the Supreme Court’s constitutional decisions simply because it does not like them. As ThinkProgress explained when a similar proposal was floated last year by Princeton Professor Robert George, “[i]n City of Boerne v. Flores, the Court held that Congress is not allowed to simply declare that the 14th Amendment means whatever they want it to mean and then use that declaration to pass enforcement legislation — Congress can only pass laws enforcing existing 14th Amendment rights.”

Just as importantly, there is something very bizarre about a conservative stalwart like Rand Paul insisting that obeying the Supreme Court is optional at exactly the same time conservatives are trying to impose much of their policy agenda upon the nation by judicial decree. Presumably, Paul would be outraged if President Obama simply refused to obey a Supreme Court decision striking down part of the Affordable Care Act or if elections officials were to ban corporations from trying to buy elections despite the justices’ decision in Citizens United. Yet, if Roe v. Wade is as optional as Paul appears to think that it is, than there is no reason why Obama should feel obliged to obey conservatives’ pet decisions either.

Justice

Even Tony Perkins Thinks Rand Paul’s Anti-Gay Joke Was Unacceptable

Speaking at a Christian conservative group in Iowa on Friday, Sen. Rand Paul (R-KY) made an anti-gay joke at President Obama’s expense: “Call me cynical, but I wasn’t sure his views on marriage could get any gayer.” On Face the Nation this morning, anti-gay activist Tony Perkins was asked to comment on Paul’s joke, and he practically leaped out of his skin to distance himself from the senator:

I don’t think it’s a laughing matter. I don’t think this is something we should joke about. Ah, we’re talking about individuals who feel very strongly one way or the other, and I think we should be civil, respectful, allowing all sides to have the debate…but I think this is not something to laugh about, to poke fun of other people about.

Watch it:

On Meet the Press, RNC Chair Reince Priebus similarly refused to defend Paul. “I don’t know what he meant by that,” Priebus said.

This is hardly the first time Sen. Paul found himself so far out of a limb that even leading conservatives had to distance themselves from him. Last year, Paul came out against the nearly fifty year-old federal ban on whites-only lunch counters — claiming that permitting racial segregation is the “hard part of believing in freedom.” Even Tea Party Sen. Jim DeMint (R-SC) disagreed with Paul on this point.

Nevertheless, it is significant that Perkins, of all people, felt the need to distance himself from Paul on a gay rights issue. Tony Perkins is the president of the Family Research Council which was labeled as a hate group by the Southern Poverty Law Center. He’s blamed gay people for everything from undermining “military security,” to shrinking the economy, to actively trying to “recruit” high school students into a gay “lifestyle.” He once accused a jelly bean manufacturer of “sexualizing candy,” and he’s praised discredited “ex-gay” therapies for rescuing a woman from gay “bondage.”

And even that guy thinks Mr. Paul’s a little too disrespectful towards gay people and their allies.

Election

GOP Sens. Rubio And Paul Stingy With Contributions From Their Leadership PAC

Sens. Marco Rubio (R-FL) and Rand Paul (R-KY)

Sens. Marco Rubio (R-FL) and Rand Paul (R-KY)

Sens. Marco Rubio (R-FL) and Rand Paul (R-KY) have much in common. Both ran for Senate seats in 2010, both surprised party favorites to become the GOP nominee, and both rode strong Tea Party support to general election wins. Both, but especially Rubio, have been discussed as possible vice presidential candidates for presumed GOP nominee Mitt Romney.

And, a ThinkProgress analysis reveals, both have newly established leadership PACs have have been very miserly with their support of other candidates.

In recent years, it has become typical for politicians elected to Congress to establish leadership PACs, which they use to make contributions to other candidates for office. So in March of 2011, two months after taking office, Rand Paul’s Reinventing A New Direction (RANDPAC) was organized. Marco Rubio’s Reclaim America PAC followed suit that August. RANDPAC’s website says its mission is “support and elect Pro-Liberty, Pro-Constitution candidates in Kentucky and across the country,” and its Facebook page says it is “dedicated to helping elect fiscally and Constitutionally responsible individuals to the U.S. Senate and to lowering our National Debt.” In a video on the Reclaim America website, Rubio says the PAC aims to “help and assist like-minded candidates who want to come here and serve in the House, in the Senate, or maybe even in the White House to make a difference for America’s future.”

So did they? By the end of 2011, Paul’s RANDPAC had already raised $173,031 and Rubio’s Reclaim America PAC had collected $563,390. By that time, neither PAC had given a dime to another federal candidate.

The latest filings by the committee reveal that in 2012, each has made a very small number of contributions to political candidates — but has spent only a fraction of a percent on direct support for political candidates, through March 31.

Read more

Justice

Even More Senators Abandon Sen. Mike Lee’s Anti-Obama Tantrum

Shortly after President Obama announced that he would recess appoint four officials in order to prevent Senate Republicans from effectively shutting down two key agencies through a filibuster, Sen. Mike Lee (R-UT) compared Obama’s actions to Pearl Harbor and promised a scorched earth campaign of obstruction against every one of the president’s nominees.

Fortunately, even most of Lee’s fellow Republican senators deemed Lee’s tantrum to be overblown. Last February, when the Senate voted to confirm Judge Cathy Ann Bencivengo shortly after Lee announced his obstruction campaign, only five of Lee’s colleagues joined him. Yesterday, the Senate voted to confirm Judge Stephanie Thacker to a seat on the United States Court of Appeals for the Fourth Circuit, and Lee was only able to convince Sens. Jim DeMint (R-SC) and David Vitter (R-LA) to join him in opposition. Even Tea Party stalwarts like Sen. Rand Paul (R-KY) who joined Lee in opposing Bencivengo, broke with Lee on Thacker.

Climate Progress

Sen. Rand Paul: When Big Oil Screws Americans At The Gas Pump, ‘You Should Want To Encourage Them’

The top five oil companies in the United States have already made $5.8 billion in windfall profits from spiking gasoline prices this year. Yesterday, Senate Republicans agreed to debate a bill that repeals $2 billion in annual tax breaks for these super-wealthy oil giants. The move was purely a political calculation — don’t expect the GOP to end taxpayer welfare for their Big Oil allies. GOP senators like Rand Paul (R-KY) and Jon Kyl (R-AZ) have used their time on the Senate floor today to push error-riddled arguments coming straight from their oil industry donors.

Paul argued Big Oil deserves even more favors from government, because they’re doing such a good job extracting wealth from American families:

Instead of punishing them, you should want to encourage them. I would think you would want to say to the oil companies, “What obstacles are there to you making more money?” And hiring more people. Instead they say, “No, we must punish them. We must tax them more to make things fair.” This whole thing about fairness is so misguided and gotten out of hand.

Watch it:

“We as a society need to glorify those who make a profit,” Paul concluded.

In his floor speech, Kyl claimed that ending the tax breaks would be “discriminatory.”

The five major oil companies are some of the largest and most profitable corporations in the world, increasingly at the expense of the rest of humanity. The big five companies enjoyed record levels of $137 billion profits last year, while paying absurdly low tax rates. Exxon is the most profitable, making $1300 per second in 2011, but it only paid a 13 percent tax rate, according to a Reuters analysis. The oil industry claims it pays a higher tax rate — but it counts foreign taxes and deferred taxes.

The industry is set to make even higher profits from record gas prices. A Center for American Progress analysis shows that for every penny rise in gas, the big five companies gain $200 million more in profit. Republican senators are asking to boost Big Oil’s profits at the expense of the 99 percent.

Meanwhile, the oil industry is not using its profits to hire more people. Paul falsely claimed the oil companies employ 9.2 million people — in fact, there are only 2.2 million jobs in the entire oil industry, and 40 percent of those jobs are minimum-wage work at gas stations. Exxon Mobil, Chevron, Shell, and BP have shed their U.S. workforce by 11,200 between 2005 to 2010, according to a report last year. Big Oil isn’t investing in renewable energy or in reducing oil spills, either.

Strangely, while Kyl and Paul called an end to oil subsidies indefensible, they used the opportunity to label clean energy tax credits “crony government.” During his clean energy rant, Paul said:

It doesn’t seem to right that your tax dollars are sent to companies just because they’re big contributors.

Republicans have received 88 percent of donations from the oil industry’s coffers. In the Senate, Republicans have taken over $13.8 million from oil, compared to the Democrats’ $3.3 million, meaning Senate Republicans have taken four times the amount in Big Oil contributions as Democrats. Kyl is the No. 29 largest recipient in the Senate from oil and gas in career contributions with over $330,000and Paul has received over $106,000 from oil.

NEWS FLASH

Rand Paul Votes To Confirm Judge He Blocked As Part Of Obstructionist Tantrum | As ThinkProgress explained on Tuesday, Sen. Rand Paul (R-KY) invoked one of the Senate’s many, many broken rules to force it to waste more than a full day debating whether to confirm Judge Adalberto Jose Jordan to a federal appellate court. Yesterday, Paul finally ran out of tactics to delay this vote, and Judge Jordan was confirmed 94-5. As further proof that Paul’s filibuster was motivated entirely by a desire to gum up the Senate as part of an irrelevant crusade, Paul voted for Jordan.

Security

Sen. Rand Paul Calls For ‘Eliminating Wasteful Things Like Foreign Aid’

Sen. Rand Paul (R-KY) called for completely eliminating foreign aid on a conservative radio show over the weekend, arguing that doing so would help fix the budget deficit.

Appearing on the Rusty Humphries Show, Paul bemoaned the fact that Republicans “are still divided on [eliminating] foreign aid.” The Kentucky senator continued that Republicans have to get “on the same page on eliminating wasteful things like foreign aid.”

PAUL: But you need to eliminate some things. Republicans are still divided on foreign aid. Some Republicans still want to send foreign aid. We send foreign aid to China. We send economic development assistance to China. We’ve got to get Republicans on the same page on eliminating wasteful things like foreign aid, sending the Department of Education back to the states, greatly downsizing if not eliminating the Department of Energy, all of these things we do up here.

Listen to it:

There are two problems with Paul’s goal of getting rid of foreign aid. First, it would do almost nothing to balance the federal budget. Though polls show Americans think it accounts for anywhere from 10 percent to one-third of the budget, in fact, less than one percent of federal spending goes towards foreign aid.

Second, zeroing out foreign aid would be a disaster for both those living in dire poverty around the world and the United States’ foreign policy interests. Former Arkansas Gov. Mike Huckabee (R) ripped his own party on the issue last month, saying that eliminating foreign aid would be “outrightly foolish” and “un-Christian.” “I resent the idea that the conservative viewpoint somehow is at odds with the idea of strategic investment in countries around the globe,” Huckabee said in South Carolina. Helping lift people around the globe out of poverty also benefits our own economic and national security interests.

Unfortunately, Paul’s position has found much more favor in the Republican Party of late than Huckabee’s. Mitt Romney, Newt Gingrich, and Ron Paul have all called for zeroing out foreign aid during the presidential primary campaign. Rick Santorum is the only presidential candidate willing to defend foreign aid, calling his opponents’ opposition a “lowlight.”

Justice

Rand Paul Throws Judicial Filibuster Tantrum Over Foreign Policy Disagreement

As Travis Waldron explained this morning, Sen. Rand Paul (R-KY) put a hold on a transportation bill that has broad bipartisan support in an attempt to force the Senate to enact his preferred policy on aid to Egypt. Although Paul’s tactic cannot prevent the widely supported bill from passing if Majority Leader Reid Harry (D-NV) decides to force the issue, Paul’s recalcitrance can force the Senate to waste up to 30 hours of floor time before it can receive a final vote.

Unfortunately, Paul is not just restricting this obstructionist tactic to one bill:

Paul is holding up confirmation of one of President Obama’s judicial nominees, Adalberto Jose Jordan, to the United States Court of Appeals for the 11th Circuit. The nomination cleared a procedural hurdle with an overwhelming 89-5 vote Monday evening.

But Paul is forcing the Senate to conduct at least some of the remaining 30 hours of required debate on the judicial nominee. Often, that time requirement is waived by senators when an issue gains wide bipartisan support.

Thirty hours does not sound like a lot, until you multiply it across all the other business that the Senate needs to consider. Indeed, if Paul can force 30 hours of delay every time the Senate tries to confirm a single nominee, he can prevent Congress from completing any other business for years:

This is why the Senate’s broken rules cannot coexist with the Tea Party. So long as there are just a handful of senators willing to engage in maximal delay over petty disagreements, each individual member of the Senate cannot enjoy this power to gum up the entire body.

Economy

Rand Paul Blocks Senate Transportation Bill Over Aid To Egypt

It isn’t often that legislation passes through the Senate free of controversy, but a bipartisan transportation bill was on a course to do just that — until yesterday. The bill, co-sponsored by Democratic Sen. Barbara Boxer (CA) and Republican Sen. James Inhofe (OK), easily passed a procedural vote last week and, with President Obama’s support behind it, seemed ready to pass a final vote too.

Then, yesterday, three Republican senators ignored Inhofe and Boxer’s calls to keep the bill free from controversy and attempted to attach an amendment mandating the construction of the Keystone XL pipeline, which Democrats warned could “kill the bill.” Now, Sen. Rand Paul (R) has put a hold on the bill until leadership promises him a vote on an amendment that would suspend foreign aid to Egypt, Politico reports:

Paul wants to offer an amendment to the Senate transportation bill that would cut off aid to Egypt if nongovernmental employees working with the U.S. government are detained or held in the country, as Transportation Secretary Ray LaHood’s son, Sam, currently is. And unless the senator decides to offer consent to move forward to the transportation bill, the Senate would be stuck in a 30-hour holding pattern.

We’re not going to grant back our 30 hours unless we get a discussion on Egypt. We’re not asking for a lot of time; we just want a discussion and a vote on whether or not we should continue sending money to Egypt,” Paul told POLITICO.

Paul said he is taking action now because he fears his amendment won’t be allowed if he waits until debate on the transportation bill begins.

Noting the urgency of the transportation bill, Boxer and Inhofe agreed not to attach amendments or provisions that could be controversial. It contains no taxes and none of the other traditionally controversial measures included in such bills.

2.8 million jobs hang in the balance” of the bill’s passage before the current transportation package expires, Boxer told Politico. “And we have obstruction from our friends on the Republican side.”

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