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Justice

Rick Perry Falsely Claims An Assault Rifle Ban Is Unconstitutional

In a speech to the conservative American Legislative Exchange Council two years ago, Texas Gov. Rick Perry (R) claimed that Social Security, Medicare and Medicaid all violate the Constitution. He’s now bringing that same crackerjack understanding of our nation’s founding document to the Second Amendment:

Texas Gov. Rick Perry believes that New York Gov. Andrew Cuomo’s effort to ban assault weapons would be deemed unconstitutional by the Supreme Court.

“I believe in the Constitution. I don’t think you limit free speech nor do you limit the second amendment,” Perry told ABC affiliate KTRK’s Ted Oberg on Thursday. “I think the Constitution is clear. Here we have the amendments to the constitution and we have the Bill of Rights. The Tenth Amendment says anything that’s not enumerated and not clearly laid out in the Constitution is reserved for the states and for the people. For me, just because I don’t like something doesn’t mean I will change the U.S. Constitution.”

I would suggest to you they can try, but there will be a lawsuit that goes forward to the U.S. Supreme Court that finds those kinds of things unconstitutional,” Perry added.

Perry was referring to Cuomo’s intention to pursue “the toughest assault weapon ban in the nation.”

Perry, of course, is wrong about what the Second Amendment permits. Indeed, even conservative Justice Antonin Scalia conceded in his opinion in District of Columbia v. Heller that “dangerous and unusual weapons” of the sort not “in common use” by the public can be regulated or banned.

Politics

New Orleans Schools Reject Creationism: No Teacher ‘Shall Teach Any Aspect Of Religious Faith As Science’

A Louisiana school district voted on Wednesday to ban from its schools any textbooks and school curricula that follows the guidelines of Texas’ extreme, ideological standards.

Texas approved a hard-right curriculum in 2010 that taught utterly misleading assertions as fact — suggesting, for example, that Senator Joseph McCarthy’s anti-Communist witch hunt had been vindicated and that the Crusades didn’t happen. But Orleans Parish (which covers New Orleans) schools were so worried about the spread of misinformation that it approved explicit rules in protest of Texas’s guidelines, requiring teachers to teach accurate historical and scientific information which wouldn’t necessarily be conveyed under Texas rules:

No history textbook shall be approved which has been adjusted in accordance with the State of Texas revisionist guidelines nor shall any science textbook be approved which presents creationism or intelligent design as science or scientific theories…No teacher of any discipline of science shall teach any aspect of religious faith as science or in a science class,” it reads. “No teacher of any discipline of science shall teach creationism or intelligent design in classes designated as science classes.”

Though Texas cannot legally require the teaching of creationism, Governor Rick Perry (R-TX) has said “we teach both creation and evolution our public schools” as a consequence of his policy choices.

Two years ago, proposed Texas textbook changes sparked outrage by rewriting history along right-wing lines and minimizing slavery. While not fully successful, the watered-down version still conveyed an entirely skewed vision of history. A recent review of the books, for example, found a consistent pattern of viciously negative portrayals of Muslims and Islam.

Update

A state law, the Louisiana Science Education Act, opens the door to teaching creationism in schools. The Orleans County vote was aimed to be a protest against this state law.

Health

Texas Republicans Seek To Punish Women And Doctors For Late Term Abortions

Texas legislators — who have already targeted women’s reproductive freedom by defunding Planned Parenthood clinics, making deep cuts to family planning services, and enacting hurdles to dissuade women from seeking abortions — aren’t satisfied with their state’s current threats to women’s constitutional right to choose. Now that they have already either proposed or enacted harsh abortion restrictions, GOP officials are turning their attention to the punishments they want to levy against the women and doctors who don’t comply.

Starting on December 31, Texas’ Health Department will impose even more red tape between women and their doctors when it begins requiring doctors to submit “abortion reports” — forms to document the basic details about the woman who had the procedure, as well as to verify that the doctor followed every step of the state’s law. And, as the Dallas Observer reports, the state will crack down on the doctors who don’t follow the new reporting requirements:

The doctor has to affirm in writing that the patient has been shown a sonogram of the fetus, listened to a heartbeat (if one is present), and shown the Woman’s Right to Know booklet, which still contains thoroughly debunked information linking abortion to breast cancer. There are also questions about the “method of pregnancy verification” and how the “fetal tissue and remains” were disposed of. [...]

Texas law already prohibits third-trimester abortions, except in the case of fetal abnormality or risk to the woman’s life. It already requires forcing a woman to look at a sonogram, listen to a heartbeat and read a medically inaccurate, pink-tinted little pamphlet. So it’s not clear why the state is suddenly demanding extra proof that the doctor has done these things, plus making them outline the “medical indications” that led him or her to perform an abortion.

But the consequences are severe: Doctors who don’t comply with the new rules can be subject to “denial, suspension, probation, or revocation” of their medical license.

But it’s not just doctors who may be at risk of prosecution under Texas’ harsh laws. As the state considers a 20-week abortion ban modeled on Arizona’s current law, lawmakers will also decide on a way to punish the women who seek abortions at 21 or 22 weeks of pregnancy. According the Guttmacher Institute, the women who seek abortion services past 20 weeks of pregnancy are likely be victims of domestic violence. But as RH Reality Check reports, Gov. Rick Perry’s (R-TX) office confirmed that the details of those women’s punishment would be “worked out by the legislature.”

Perry recently reiterated that his “goal” is to completely outlaw all access to abortion services — and in addition to denying reproductive care to women who need it, that initiative is also about punishing the ones who seek it.

Politics

Rick Perry Responds To Connecticut Shooting: Let Teachers Carry Concealed Weapons

Texas governor and former GOP presidential candidate Rick Perry became the highest-ranking Republican official to throw his support behind arming teachers and administrators in the aftermath of the tragic shooting in Sandy Hook elementary school.

During a Tea Party event in North Richland Hills, Texas, Perry “urged legislators to look at ways to improve safety at schools” and examine mental health issues, but insisted that local districts — and not the state or federal government — “should be allowed to decide their own gun policies”:

Local school districts should decide their own policies, Perry said. But if someone has obtained a concealed-handgun license, he said, “you should be able to carry your handgun anywhere in this state.” He clarified that private property owners should be allowed to impose their own restrictions. [...]

Some school districts across the state already allow school personnel to carry guns. When Perry talked about how he had read about one district allowing teachers, administrators and others to carry weapons, he was interrupted by loud applause from the crowd. [...]

“One of the things that I hope we don’t see from our federal government is this knee-jerk reaction from Washington, D.C., when there is an event that occurs, that they come in and they think they know the answer,” he said.

Since the shooting, a growing number of lawmakers with high ratings from the National Rifle Association (NRA) have come out for sensible gun safety regulations, though some local lawmakers are arguing that had teachers or administrators been armed, Friday’s massacre could have been avoided. Legislators in Oklahoma, South Dakota, and Nevada are considering the option.

Health

Rick Perry: Outlawing All Access To Abortion Is ‘My Goal’

At a press conference on Tuesday organized by the anti-abortion group Texas Right to Life, Gov. Rick Perry (R-TX) reaffirmed that his ultimate legislative objective is to restrict all women’s access to abortion services.

Members of Texas Right to Life are currently pushing their state’s legislators to pass a “fetal pain” bill that would ban abortions after just 20 weeks — despite the fact that there’s no scientific evidence that fetuses can actually feel pain at that point. As the Huffington Post reports, Perry not only enthusiastically endorsed such a measure, but also confirmed his “goal” to continue passing restrictive legislation to limit women’s Constitutional right to choose:

To be clear, my goal, and the goal of many of those joining me here today, is to make abortion, at any stage, a thing of the past. While Roe v. Wade prevents us from taking that step, it does allow states to do some things to protect life if they can show there is a compelling state interest. I don’t think there is any issue that better fits the definition of ‘compelling state interest’ than preventing the suffering of our state’s unborn. [...]

Again, the ideal world is a world without abortion. Until then, however, we will continue to pass laws to ensure abortions are as rare as possible under existing law.

Perry does not support legal abortion access for women who have become impregnated from rape or incest, a far-right position that cost several anti-choice candidates their seats in last month’s election.

The governor has already taken significant steps toward accomplishing his goal in Texas. He has signed a bill requiring women seeking abortions to undergo a mandatory ultrasound — the same type of legislation that the Oklahoma Supreme Court recently ruled unconstitutional because it goes too far to restrict women’s right to legal abortion under Roe v. Wade — and is working hard to defund the Planned Parenthood clinics that provide reproductive services to low-income women across the state.

Health

Faith Leaders Slam Rick Perry For Refusing To Expand Texas’ Medicaid Program

Even though Texas has the highest uninsurance rates in the nation — nearly a quarter of the state’s population lacks health insurance — Gov. Rick Perry (R) has refused to expand the Medicaid program, prioritizing his continued opposition to Obamacare over the opportunity to extend health coverage to an estimated 2 million low-income Texans.

But some faith leaders want Gov. Perry to know they stand in sharp opposition to his decision. Mike Rosen, a spokesperson for the Dallas Area Interfaith group, told the Dallas Morning News that accepting the Medicaid expansion under Obamacare makes sense “for moral, ethical and financial reasons.” That’s why Rosen’s group brought a diverse group of church and community leaders together for a rally and religious service on Sunday to emphasize what’s at stake in the battle over Medicaid expansion.

More than 300 people crowded into a Dallas-area church to share firsthand stories about working with the uninsured members of their communities, and to explain why church leaders are invested in extending Medicaid coverage to those people:

For more than two decades, Dallas Area Interfaith members have monitored overcrowded conditions at Parkland Memorial Hospital, Dallas’ lone public hospital.

Churches care about the health of the community, whether it’s related to people not being able to afford insurance coverage or not getting access to the care they need,” said Mary Lou Hoffman, spokeswoman for the organization.

Repeatedly, speakers described scenarios in which uninsured Texans were forced to seek basic medical care in local emergency rooms, particularly at overcrowded Parkland.

Without insurance coverage, families are delaying medical checkups, which can save their lives,” said Lisa Lopez, a Dallas woman whose husband was treated for a brain tumor discovered during a Parkland checkup.

Yesterday’s event also kicked off a state-wide petition drive to pressure Perry to reconsider his stance on Medicaid. Dallas Area Interfaith plans to deliver their signatures when the new legislative session begins in January.

Earlier this year, a group of over 100 national, state, and local faith leaders also urged Republican governors to accept Obamacare’s Medicaid expansion, explaining that “depriving struggling families of healthcare is wholly incompatible with the teachings of our faiths and the ideals of our nation.” Nevertheless, Rick Perry isn’t the only intransigent lawmaker who continues to resist implementing the health reform law at any cost. GOP governors in states like Florida, Louisiana, South Carolina, Mississippi, Wisconsin, and Arizona have also resisted expanding the eligibility levels for their Medicaid programs.

Justice

Oops: New Senator Picks Ghostwriter Behind Rick Perry’s Extremist Book As Chief of Staff

Senator-elect Ted Cruz (R-TX) is no stranger to fringe ideas. He authored an unconstitutional plan to nullify the Affordable Care Act. His first campaign ad touted his work helping Texas to execute an “illegal alien.” And he published an article last January claiming that the United Nations and billionaire George Soros are engaged in a nefarious global plot to “abolish ‘unsustainable’ environments, including golf courses, grazing pastures, and paved roads.”

If anything, however, Cruz’ new chief of staff suggests that Cruz’ determination to stop imaginary Soros conspiracies to destroy the game of golf is only the first part of an even more ideological agenda:

Senator-elect Ted Cruz today named as his chief of staff Chip Roy, a former Senate aide who helped Gov. Rick Perry write his anti-government tome Fed Up! . . . .

In a review of Fed Up!, Gene Healy – a scholar at the libertarian Cato Institute – credited him as “the guy who did most of the heavy lifting in the book,” though it’s hard to know exactly how much influence his views had. In the book, Perry called Social Security unconstitutional and a “Ponzi scheme.” He called it a mistake to allow direct election of senators, saying it was better to let Legislatures pick. He called for ending life tenure for federal judges and for repeal of the 16th amendment, which authorized a federal income tax. And he denounced as overreach federal efforts to regulate health care, pollution, labor conditions and energy policy.

It is likely that no book by any politician in recent history misunderstands the Constitution as badly as Fed Up!. Among other things, Rick Perry’s book attacks Supreme Court cases permitting “federal laws regulating the environment, regulating guns, protecting civil rights, establishing the massive programs and Medicare and Medicaid, creating national minimum wage laws, [and] establishing national labor laws.” It also claims that we have Social Security “at the expense of respect for the Constitution and limited government.”

And an incoming United States Senator chose “the guy who did most of the heavy lifting” in this anti-Constitution screed as his closest and most influential adviser.

Election

Five Ways The Religious Right Imploded In 2012

Our guest blogger is Jack Jenkins, a Writer and Researcher with the Faith and Progressive Policy Initiative.

When election returns began pouring in on Tuesday, progressives were quick to declare the election a resounding victory for President Obama, Democratic candidates, and progressive ideals such as marriage equality and the DREAM Act. A deeper look at Tuesday’s results reveals that the 2012 election season was also a resounding defeat for the political engine that has long catapulted the GOP to power: The Religious Right.

Here five ways the Religious Right imploded during the 2012 election:

1) Evangelicals failed to produce a viable candidate. While Rick Perry looked to be the evangelical darling in the early days of the Republican primary, his various “oops” moments forced evangelical Protestants to flock to Rick Santorum, a conservative Catholic. But while Santorum won the support of many evangelicals, his passionate embrace of evangelical positions on abortion and contraception made him unappealing to many women voters. In the end, the machinery of the Religious Right failed to produce a candidate that fired up conservative Protestants, forcing the Romney campaign to work twice as hard to excite the GOP’s evangelical base.

2) Conservative efforts to shift the Catholic vote flopped. After the Obama administration announced the HHS contraceptive coverage requirement earlier this year, the United States Council of Catholic Bishops launched a “Fortnight for Freedom” campaign criticizing the Obama administration and urging Catholics to cast their votes in support of “religious freedom.” The effort failed miserably: Not only did Obama win the Catholic vote overall in 2012 (50% of Catholics voted for Obama while 48% supported Romney), but Pew Research found that the vast majority of American Catholics (78%) knew little to nothing about the bishop’s expensive campaign. Instead, Catholic voters appeared more supportive of the efforts of Sister Simone Campbell and the Nuns on the Bus who spoke out against Paul Ryan’s budget.

3) Evangelical voter turnout efforts fell short. Ralph Reed’s Faith and Freedom Coalition targeted Ohio this year in an effort to increase evangelical turnout, promising to go “all in” by sending voter guides to churches and launching a “major push” to get evangelicals to the polls through a robust get-out-the-vote effort. But when the results came in on Tuesday, Obama had actually performed better among white evangelicals in Ohio than he did in 2008: White evangelicals in Ohio favored John McCain by a 71%-27% margin in 2008, but favored Romney by a smaller margin – 69%-30% – in 2012. Despite all the energy expended by the Religious Right, their turnout efforts failed to have any marked impact on the most crucial state of the general election.

4) Traditionally evangelical candidates lost en masse because of radical views and bad theology. Conservative Christian and then-Missouri Senate candidate Rep. Todd Akin caused a stir within the Republican Party when he spoke about “legitimate rape,” but evangelical leaders were quick to come to his aid. But when Indiana GOP Senate candidate Richard Mourdock, who attends an evangelical church, referred to women impregnated through rape as having been given “a gift from God,” voters across the country – including many evangelicals – began asking questions about this new breed of politician. Ultimately, voters decided that Akin and Mourdock’s radical theology was simply too extreme: They and several like-minded candidates suffered a series of staggering defeats all across the country on Tuesday.

5) The efforts of anti-gay religious leaders didn’t stop voters from supporting marriage equality. When marriage equality amendments were put on the ballot in Maine, Maryland, Minnesota, and Washington this year, conservative Christian groups moved quickly to try and dissuade people from supporting the freedom to marry. Famed evangelist Billy Graham even launched a massive “Vote Biblical Values” ad campaign, which, among other things, urged voters to oppose candidates who supported marriage equality. Undaunted, pro-marriage equality activists capitalized on groundswells of support among religious groups and ran ads featuring pastors and other religious leaders passionately endorsing same-sex marriage. In the end, Americans voted in favor of marriage equality in three (and probably four) states, dealing a resounding defeat to the anti-gay bastions of the Religious Right.

The 2012 election season appears to have been an ominous one for the Religious Right, and – if the trend continues – may very well signal the end of their traditional dominance of Republican politics. Jim Daly, president of Focus on the Family, has already voiced the opinion that the Religious Right is hemorrhaging support across the country, and should put less focus on abortion and gay marriage and give more attention to issues such as immigration reform, poverty, and increasing adoptions and foster care opportunities. Whether or not religious conservatives can make that shift remains to be seen, but, in the meantime, the Religious Right looks to have already lost persuasive power with many American voters.

NEWS FLASH

Tens of Thousands Sign Petition To White House Calling For Texas Secession | Texas Gov. Rick Perry (R) won’t be the only 2012 presidential hopeful to weigh in on the topic of Texas seceding from the union. In the wake of President Obama’s reelection victory, conservatives submitted several sore loser petitions to a White House website permitting citizens to petition the Obama Administration and receive a response if they garner at least 25,000 signatures on their petition. A petition calling upon the administration to “[p]eacefully grant the State of Texas to withdraw from the United States of America and create its own NEW government” received the required signatures, and thus will receive a response. We anticipate the Obama Administration’s views on Texas secession will be very different than Mr. Perry’s initial sympathy for Texas secession — although Perry has since backed off that sympathy.

Health

In Ongoing Assault Against Planned Parenthood, Texas Governor Misleads Women About Their Doctors

Gov. Rick Perry (R-TX) convened a press conference today to announce the creation of a fully state-funded Women’s Health Program for Medicaid recipients, but his political theater only served to obscure the truth about women’s health services in Texas.

Earlier this year, Texas announced its intention to fund the Medicaid providers in its Women’s Health Program solely through the state as a method of defunding local Planned Parenthood affiliates. Since states are not allowed to withhold federal Medicaid funds from qualified providers like Planned Parenthood, Texas legislators needed to find a workaround to continue to exclude the national health organization — which they chose to target as an “abortion affiliate,” even though abortion services represent just three percent of its total medical care — from the Women Health’s Program.

But even though Perry claimed his state is “ready” to begin fully funding the Women’s Health Program today — and even rolled out a new logo for the program — the Associated Press confirmed that they will not actually do so until Medicaid providers stop receiving federal funding. Since federal funding is guaranteed through the end of this year, Texas’ Planned Parenthood affiliates will continue to receive their full Medicaid funds until December 31. In a press release, Planned Parenthood officials celebrated the fact that their organization will be able to keep its doors open to the thousands of low-income women it serves:

Despite confusing statements from state officials, today’s announcement means that Planned Parenthood can continue to be a part of the Women’s Health Program as long as the “Affiliate Ban Rule” remains blocked by court order. Planned Parenthood and WHP patients expressed relief upon the announcement that tens of thousands of Texas women will not yet experience a disruption in WHP services, including breast and cervical cancer screenings, birth control, and testing for sexually transmitted infections.

“Today’s announcement is an important victory for every woman who relies on the Women’s Health Program for basic, preventive health care,” said Ken S. Lambrecht, President and CEO of Planned Parenthood of Greater Texas. “Our doors remain open today and always to every Texas woman in need of affordable, high quality health care.”

Planned Parenthood filed a state lawsuit last week that blocks Texas from shutting down the Women’s Health Program altogether and preserves the organization’s federal funding for now. But thanks to the complicated legal battle that the national health organization is currently embroiled in, the future of the funding for its Texas affiliates remains unclear. Planned Parenthood officials say that Texas state law clearly stipulates that the Women’s Health Program needs to be funded federally — not on a state level, as Perry and his HHS Department are pushing for — so Texas lawmakers’ politically-motivated attacks on women’s health clinics will fall flat in court. Planned Parenthood’s next court date is set for November 8.

Ultimately, Perry is only serving to confuse the low-income women in Texas about the health care providers they can access through their Medicaid plans. Planned Parenthood is currently Texas’ largest Medicaid provider, serving tens of thousands of women across the state who often have no other means to access health insurance, and women deserve to know they can continue receiving critical health services at Planned Parenthood clinics in 2012.

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