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Justice

Six Republicans Who Think Voters Should Not Be Able To Choose Their Own Senators

'Seventeenther' Rep. Jeff Flake (R-AZ)

Late last week, Rep. Jeff Flake (R-AZ), who is currently campaigning for the U.S. Senate seat being vacated by retiring Sen. John Kyl (R-AZ), told a Republican gathering in Payson, Arizona that he supports abolishing the Seventeenth Amendment’s guarantee that voters elect their own senators. Prior to the Seventeenth Amendment’s ratification, the Constitution provided for senators to be selected by state legislatures, a system that was abandoned after it led to “rampant and blatant corruption, letting corporations and other moneyed interests effectively buy U.S. Senators.”

Flake, however, is not alone in his desire to make America less democratic. Indeed, at least two other GOP senate candidates, one GOP governor, one Republican senator and a Supreme Court justice all have indicated agreement with Flake’s ambition to return the Constitution to the halcyon days of the Nineteenth Century:

  • Indiana Senate Candidate Richard Mourdock: Mourdock, who defeated incumbent Sen. Richard Lugar (R-IN) in a GOP primary after campaigning on a platform of refusing to compromise with Democrats, suggested at a campaign event last February that senate elections should be abolished because “the House of Representatives was there to represent the people. The Senate was there to represent the states.”
  • Missouri Senate Candidate Rep. Todd Akin: Akin, the GOP nominee facing incumbent Sen. Claire McCaskill (D-MO), said during a GOP primary debate last may that “I don’t think the federal government should be doing a whole lot of things that it’s doing and it well may be that a repeal of the 17th Amendment might tend to pull that back.”
  • Texas Gov. Rick Perry: Perry’s star has fallen considerably since his “oops” of a presidential campaign. Nevertheless, he remains the governor of America’s second largest state. He also believes that “The American people mistakenly empowered the federal government during a fit of populist rage in the early twentieth century by giving it an unlimited source of income (the Sixteenth Amendment) and by changing the way senators are elected (the Seventeenth Amendment).”
  • Sen. Mike Lee: Lee believes that federal child labor laws, FEMA, food stamps, the FDA, Medicaid, income assistance for the poor, Medicare and Social Security violate the Constitution, so it is not surprising that he is also a seventeenther. Lee explained his opposition to his own election to the United States Senate in an interview with Fox Business.
  • Justice Antonin Scalia: Scalia, who was widely criticized for his partisan rhetoric during the Supreme Court’s recent health care and immigration cases, also called for the Constitution to be changed to abolish senate elections — “I would change it back to what [the founders] wrote, in some respects. The 17th Amendment has changed things enormously.”

Justice

Indiana Senate Candidate Finding New Ways To Circumvent Coordination Rules

Indiana Republican Senate nominee Richard Mourdock

Indiana Republican Senate nominee Richard Mourdock

A new web video by Indiana Treasurer Richard Mourdock (R), the Republican nominee for Sen. Dick Lugar’s now-open Senate seat this November, is yet another indication of just how wrong the assumptions underling Justice Anthony Kennedy’s Citizens United majority opinion were. In it the 5-4 majority agreed that “The appearance of influence or access, furthermore, will not cause the electorate to lose faith in our democracy. By definition, an independent expenditure is political speech presented to the electorate that is not coordinated with a candidate.”

Already, “independent” Super PACs have been hiring the same political consulting firms as the candidates they are supporting. Already, the Romney campaign has enlisted Karl Rove, the co-founder of two of the largest pro-Romney outside groups, to participate in a strategy retreat with top-level campaign donors and bundlers. Both are apparently-legal moves that fly in the face of the spirit of non-coordination rules.

Now, Mourdock’s campaign is apparently using yet another loophole. Since the campaign made not directly work with allied “outside” groups, it has posted a four-minutes-and-36-seconds-long video of footage of the candidate online, just in case any outside groups happen to want to use it.

The National Journal describes the video, titled “Indiana Footage,” as “essentially a soundless highlight reel of high-quality, uplifting footage of Mourdock shaking hands with voters, speaking, and driving.”

Watch the spot:

Mourdock’s primary win relied heavily on outside spending. This video is either one of the most boring political ads of all time or a not-so-subtle request to well-heeled outside groups to invest more for the November general election.

Health

GOP Senate Candidate Says Businesses Should Be Allowed To Deny Health Insurance To Cancer Patients

Republican Senate nominee Richard Mourdock

Richard Mourdock, the Tea Party favorite who ousted Sen. Dick Lugar (R-IN) in Indiana’s Republican Senate primary last month, told a local Indiana newspaper that, contra Obamacare’s protections, employers ought to be able to deny health insurance to people with cancer.

During a freewheeling interview with the News and Tribune, Mourdock said health care will be the “biggest issue” this election. The Indiana Republican, who opposes the Affordable Care Act, argued that businesses should be permitted to deny coverage to employees with cancer “if they want to keep their health care costs down.” “Does that employer have the right to do it?” Mourdock asked. “I would say yes they do”

From the interview:

Of particular interest to the candidate is a mandate that requires an employer to pay for certain services they may be morally opposed to — such as birth control — which Mourdock said he opposes.

Mourdock’s example was an employer who decided to cover everything but cancer.

Does that employer have the right to do it? I would say yes they do if they want to keep their health care costs down but it also means it’s less likely you’re going to want to work here. If that employer wants to get the best employees coming in the door he’s going to offer the best insurance possible.”

Among Obamacare’s most popular provisions are protections for people who are sick or have pre-existing conditions to make sure they can’t be denied health insurance (beginning in 2014). In Mourdock’s America, businesses would continue to have the right to deny insurance for 1 in 7 Americans because of a pre-existing condition.

If Mourdock ultimately wins his election in November, don’t expect him to compromise on his opposition to businesses being required to insure cancer patients. The day after Mourdock won the Republican nomination, he announced on MSNBC that “bipartisanship ought to consist of Democrats coming to the Republican point of view.”

Update

The Mourdock campaign has issued a clarification to TPM: “Simply put, Richard was making the point that a company that discontinued insurance coverage of life-threatening ailments would immediately become an unattractive place to work. In no way, shape or form does Richard support companies discontinuing such insurance coverage, and any attempt to say otherwise is a complete falsehood.”

Justice

Richard Mourdock Wants His Own Senate Race To Be Unconstitutional

Indiana U.S. Senate candidate Richard Mourdock, the Tea Party candidate who proclaimed that “bipartisanship ought to consist of Democrats coming to the Republican point of view” shortly after defeating longtime incumbent Sen. Richard Lugar (R-IN), does not think he should be elected to the U.S. Senate. Indeed, he believes that it should be unconstitutional for anyone to run for the Senate. At a campaign event last February, the Tea Party candidate came out against the Seventeenth Amendment, which ensures that senators will be chosen by elections and not by state legislatures:

You know the issue of the 17th amendment is so troubling to me, our founding fathers, again those geniuses, made the point that the House of Representatives was there to represent the people. The Senate was there to represent the states. In other words the government of the states. . . . You know I think most senators if they had to come back every two years and by the way that would solve another problem. It would solve the idea that Senators move out of their state and never return. But it would cause those senators to have much greater contact with their states. You know just think of this. In today’s you see millions and millions of dollars spent on Senate campaigns. Two years ago, in 2010, Sharon Angle out in Nevada spent 31 million dollars, just herself. How much money would be spent in federal senate races if the state legislators were electing those people. You just took the money out of politics. Is that a bad thing?

Watch it:

Mourdock is certainly right that eliminating U.S. Senate elections would end the practice of corporations and wealthy individuals throwing millions of dollars to change the result of those elections. Indeed, under Mourdock’s logic there’s no reason to stop there. If we simply named someone the hereditary monarch of the United States — King Mitt I — then no one would ever spend money to influence an American election again!

Mourdock is dead wrong, however, to suggest that ending Senate elections would eliminate corruption. Rather, one of the primary forces driving the Seventeenth Amendment’s ratification was the fact that the old system led to a kind of Citizens United on steroids:

[T]he system led to rampant and blatant corruption, letting corporations and other moneyed interests effectively buy U.S. Senators, and tied state legislatures up in numerous, lengthy deadlocks over whom to send to Washington, leaving those bodies with far less time to devote to the job of enacting the laws their states needed for the welfare of the people.

Sadly, Mourdock is not the first major Republican to say that the American people should not be allowed to elect their own senators. Texas Gov. Rick Perry believes this, as does Sen. Mike Lee (R-UT) and Justice Antonin Scalia.

Alyssa

‘Parks and Recreation’ Open Thread: Catch Your Dreams

In tonight’s finale of Parks & RecreationThis post contains spoilers through the season four finale of Parks and Recreation.

When I was 19, I ran to be Democratic Party co-chair of my ward in New Haven. In a lot of towns, that might have been an appointed post, but in New Haven it was a job you had to actually campaign for, and so for months, I made like Leslie Knope has for the past season of television, hitting up churches and senior centers and community meetings, and posing for some truly hilarious campaign literature. After shaking hands at the precinct for twelve straight hours on Election Day, I couldn’t bear to be in the room when the vote totals were read out, and so I waited outside in the cold. The sight of my running mate and campaign staff running screaming outside to tell me we’d won was one of the weirdest, most cinematic moments of my entire life. I was not nearly as good at politics as I trust that Leslie Knope will prove to be—there’s a reason I write—but I tell you this to explain that I feel a special kinship with this season, and with this character despite its flaws. I know how this feels, and this episode of Parks and Recreation captured this moment’s terrors and joys perfectly. And this season of Parks and Recreation pulled off an extremely tricky transition for this marvelous show beautifully.

The election itself is governed by Pawnee’s marvelously specific manifestation of the oddities that plague all local elections. “In the event of an exact tie, the seat is awarded to the male candidate and the female candidate is put in jail,” the registrar explains to the candidates and their campaign managers. “I don’t think it would hold up in court, but it is city law.” There are a lot of candidates for a relatively minor office—Leslie’s moment of despair that Brandi Maxxx might win was a perfect example of the possible spoiler, the thing every campaign can’t possibly predict or prepare for. And while the show didn’t spend time on the hilarities of checking off voter rolls (usually with all the campaigns monitoring ID checks and crossing off the names of voters who have made it alongside some doughty poll workers, it’s so fitting that Leslie’s epic contest against Bobby Newport came down to a recount. The only way it could have been more perfect is if Bobby’s support for Leslie—”Another awesome point by Leslie. It’s why I’m voting for you,” he tells a crew of reporters at a poll-opening press conference—made up for Jerry forgetting to vote in his enthusiasm to hand out Leslie’s flyers and ended up handing her the election.
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NEWS FLASH

GOP Senate Candidate Richard Mourdock Wants His Mentor To Be The Guy Who Thinks Child Labor Laws Are Unconstitional | Roll Call’s Meredith Shiner reports that Richard Mourdock, who recently defeated Sen. Dick Lugar (R-IN) in a Republican primary, named Sen. Mike Lee (R-UT) as the person he would like to “mentor” him if he is elected to the Senate. Lee believes that national child labor laws, FEMA, food stamps, the FDA, Medicaid, income assistance for the poor, and Medicare and Social Security violate the Constitution.

Economy

Indiana GOP Senate Candidate Says His Concern About Poor Not Paying Taxes Akin To Lincoln’s Fears About Slavery

The Republican Party’s nominee for Indiana’s U.S. Senate seat recently compared the fight over tax rates and reform to former president Abraham Lincoln’s concern over slavery, alluding to Lincoln’s famous “House Divided” speech ahead of the Civil War.

State treasurer Richard Mourdock (R) rehashed a favorite GOP talking point — that 47 percent of Americans don’t pay income taxes — at the town hall in Columbus City, Indiana, comparing those 47 percent to the Confederate states that seceded from the Union in an attempt to protect and expand slavery. Referencing Lincoln’s speech, Mourdock said that as long as nearly half of Americans don’t pay taxes, “we are a house divided” that is presumably on the point to another fight, this time between the rich and the poor:

MOURDOCK: What he meant by that was that slavery was either going to be totally eliminated from the United States or it was no longer just going to be restricted to the Southern states, it was going to go everywhere. I am here to suggest to you that we are in a house divided. You know this past April, when our federal taxes were paid, 47 percent — 47 percent — of all American households paid no income tax. In fact, half of that 47 percent almost, actually got tax money back from the government that they never paid -– because a few years ago we revised the welfare program to make it part of the tax code. When 47 percent are paying no income taxes — they do pay Social Security — but they are not paying income taxes, and 53 percent are carrying the load, we are a house divided.

Watch it:

Mourdock’s ridiculous allusion to a speech referencing the spread of slavery aside, the facts he presented to town hall attendees aren’t telling the whole story. It’s true that half of Americans don’t pay federal income taxes, but they do pay state income taxes, payroll taxes (which Mourdock referenced), and a host of other taxes. Many of those 47 percent don’t pay income taxes because they don’t have income on which to pay taxes — they are students or seniors without taxable income, or they don’t make enough money to qualify for the bottom tax bracket.

Republicans have opposed tax increases of various kinds to help pay down the deficit, largely because so many are beholden to a radical no-taxes pledge authored by Americans for Tax Reform President Grover Norquist. Mourdock, who has signed the pledge, seems no different than many Republicans in Congress — he’s willing to ignore the pledge, as long as the only tax increases that pass are on the poorest Americans.

Election

Top 5 Things You Need To Know About Indiana Senate Nominee Richard Mourdock (R)

Last night, Richard Mourdock (R) upset Sen. Dick Lugar (R) in Indiana’s Republican Senate primary. Mourdock, who currently serves as State Treasurer, trounced the 36-year Senate veteran by 22 points, 61-39, due in no small part to his support from Tea Party groups.

Mourdock won by positioning himself well to the right of Lugar. Now, as he enters the limelight as the biggest Tea Party victory of 2012, let’s take a look at the top five things everyone should know about Mourdock.

- (1) Mourdock believes that President Obama deserves the blame for a bad economy, but no credit for its improvement: In an interview with ThinkProgress earlier this year, we asked Mourdock about the economy and who deserves credit in bad times and good. He pinned the blame on President Obama for “killing our economy,” despite the fact that the financial collapse occurred under George W. Bush’s watch. We asked Mourdock whether Obama would deserve credit if the economic recovery continues. “It won’t be because of President Obama when we see recovery,” Mourdock explained. “It will be in spite of President Obama.” [ThinkProgress]

- (2) Mourdock’s take on bipartisanship: it “ought to consist of Democrats coming to the Republican point of view”: Appearing on MSNBC following his primary victory, Mourdock offered his own unique take on how bipartisanship should work in Washington DC, telling Chuck Todd, “I certainly think bipartisanship ought to consist of Democrats coming to the Republican point of view.” In other words, the solution for Washington’s ills is not less partisanship and polarization, but more. Dick Lugar had earned a reputation for finding some areas of bipartisan consensus with Democrats, particularly on foreign policy. That is a reputation that Mourdock appears unlikely to uphold. [ThinkProgress]

- (3) His campaign was investigated for accessing voter data: Mourdock’s campaign manager, Jim Holden, “likely violated a user agreement with the state party when he shared a logon to the database with an outside vendor.” In a March 14 email, Holden told staffers that they should “start pillaging email addresses” from the voter database, prompting the state Republican Party to revoke the Mourdock campaign’s access privileges.[AP]

- (4) Mourdock’s model Supreme Court Justice is anti-woman Judge Robert Bork: Asked on MSNBC about how he would approach Supreme Court nomination votes as senator, Mourdock promised to obstruct nominees who didn’t resemble Robert Bork. Bork’s views are so far outside the mainstream they cannot be fully enumerated here, but a few highlights include his description of a federal ban on employment discrimination and whites-only lunch counters as “unsurpassed ugliness,” his belief that it is “silly” to think that women are discriminated against, and that it’s “utterly specious” to suggest that women have a constitutional right to use contraception. [ThinkProgress]

- (5) His candidacy is fueled by dirty energy money and outside spending groups: It is unlikely Mourdock would have won the primary without an infusion of $1.6 million in spending from the pro-Wall Street Club for Growth, as well as over half a million from FreedomWorks, an astroturf Tea Party group. In addition, Mourdock enjoyed a maxed out contribution from Murray Energy’s PAC, which represents the nation’s largest privately-owned coal company. Mourdock, a former coal company executive, received an additional $18,000 in contributions elsewhere from the coal, oil, and gas industries. [ThinkProgress]

Election

Richard Mourdock: ‘Bipartisanship Ought To Consist Of Democrats Coming To The Republican Point Of View’

Indiana State Treasurer Richard Mourdock (R) crushed Sen. Dick Lugar (R) in yesterday’s GOP Senate primary in Indiana, ending the 36-year career of one of the few Republican senators left in Washington who was interested in working with Democrats to get things done.

Tea Party-backed Mourdock is not just ideological, he is adamantly opposed to bipartisanship. In fact, he’s called for more partisanship in Washington, saying he’s more interested in destroying Democrats than solving the nation’s problems by working with them.

Appearing on MSNBC this morning with host Chuck Todd, Mourdock offered his own definition of bipartisanship:

MOURDOCK: I certainly think bipartisanship ought to consist of Democrats coming to the Republican point of view. … If we [win the House, Senate, and White House], bipartisanship means they have to come our way, and if we’re successful in getting the numbers, we’ll work towards that.

Watch it:

As TP Justice Editor Ian Millhiser notes, Mourdock’s win means Democrats have no choice but to reform the filibuster: “The parties are too far apart. The Republicans are too eager to obstruct, and the handful of GOPers with a history of bipartisanship [like Lugar] will be too spooked to reach across the aisle. America could go years with one or more Supreme Court seats vacant.”

A couple of years ago when conservative activists were making noise about primarying Lugar, former Republican senator and UN ambassador John Danforth told the New York Times, “If Dick Lugar, having served five terms in the U.S. Senate and being the most respected person in the Senate and the leading authority on foreign policy, is seriously challenged by anybody in the Republican Party, we have gone so far overboard that we are beyond redemption.”

Apparently, that time has come.

Justice

Richard Mourdock Wins, Or Why Senate Democrats No Longer Have A Choice On Filibuster Reform

In 2009, when President Obama was close to the height of his popularity and political capital, only nine Republican senators voted to confirm Justice Sotomayor: Lamar Alexander, Kit Bond, Susan Collins, Lindsay Graham, Judd Gregg, Dick Lugar, Mel Martinez, Olympia Snowe, and George Voinovich. Of these four (Bond, Gregg, Martinez and Voinovich) are now retired. One (Snowe) recently announced her voluntary retirement. And one, Dick Lugar of Indiana, was just involuntarily retired by Tea Party challenger Richard Mourdock.

Lugar is an Indiana institution. He ran virtually unopposed during his last reelection race, and won by more than 30 points the last time a major party candidate tried to challenge him. Had he won yesterday’s primary, he would have been the prohibitive favorite in November (Mourdock, by contrast, could lose in November as easily as he could win). Nor was Lugar particularly moderate. Among other things, Lugar voted for Rep. Paul Ryan’s (R-WI) infamous plan to phase out Medicare.

In the age of the Tea Party, however, even the most occasional departures from conservative orthodoxy are enough for the GOP electorate to declare a public official an apostate. Mourdock made Lugar’s votes for Justices Sotomayor and Kagan, in addition to a handful of other breaks with America’s far right, the focus of his campaign — and that was enough to defeat a 36 year Senate veteran. In light of this incident, it is unlikely that any of the few remaining Republicans who backed an Obama Supreme Court appointee will be willing to risk their careers by doing the same again.

Lest there be any doubt, there is probably no one President Obama could nominate for the high Court who would satisfy the newly radicalized Republican Party. Mourdock, for his part, recently promised to oppose any nominee who did not fit his personal constitutional philosophy — and he twice cited failed Supreme Court nominee and Romney legal advisor Robert Bork as his model nominee. As recently as last October, Bork mocked the very idea that women sometimes face discrimination as “silly,” and he infamously described the federal ban on whites-only lunch counters as “unsurpassed ugliness” early in his career. Obama would never, ever nominate such a man to the Supreme Court.

In other words, if President Obama has the opportunity to nominate a new justice during a second presidential term, it is tough to imagine any set of circumstances that allows that nominee to receive the 60 votes necessary to break a filibuster. The parties are too far apart. The Republicans are too eager to obstruct, and the handful of GOPers with a history of bipartisanship will be too spooked to reach across the aisle. America could go years with one or more Supreme Court seats vacant.

There could be, however, a way out of this trap. In his most recent State of the Union Address, President Obama called on the Senate to “pass a simple rule that all judicial and public servant nominations receive an up or down vote within 90 days” — effectively eliminating the filibuster for Senate-confirmed jobs. Moreover, when the newly-elected Senate reconvenes next January, it opens a very brief window where Obama’s proposed rule could be implemented with just 51 votes.

Should the Democrats manage to hold the Senate next year, an outcome that is much more likely than appeared possible just one year ago, they no longer have the option to maintain the status quo. Keeping the current rules means stripping Obama of his power to nominate Supreme Court justices, and potentially turning the Court over to Mourdock’s fellow ideologues for years to come.

Update

Jonathan Chait expresses similar concerns here.

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