Updates and Briefs

"It's About Humanity. Pray for Gaza."
- Selena Gomez' Instagram

Gaza
The Palestinian death toll from the Israeli attacks now exceeds 650.  An estimated two-thirds of the Palestinian dead, more than 400, are civilians.  The civilian dead include at least 147 children and 74 women.  The Israeli civilian death toll stands at 2.  In an article published today, The Irish Times reported on the UN High Commissioner for Human Rights statement that "that Israel may be committing war crimes in Gaza, where its punitive house demolitions and killing of children raise the 'strong possibility' that it is violating international law."  The comments came at an emergency debate at the UN Human Rights Council in Geneva.  Ms. Pillay also condemned the indiscriminate firing of rockets and mortars by Hamas into Israel.  The Irish Times reported on John Kerry's diplomatic efforts: "In a sign of the intensity of the US diplomacy, Mr Kerry spoke to Qatari and Turkish foreign ministers after meeting [Egyptian President] Sisi for two hours, a senior US official said."  So far there is no sign of a letup in the fighting.  The article quotes a 17 year old Palestinian on the desperation of the Gazans fleeing their homes in the face of the Israeli onslaught: “Columns of people are heading west of Beit Hanoun, looking for a safe shelter. This is not war, this is annihilation."

In a companion article, Ambassador Patricia O'Brien, Ireland's representative to the meeting of the Human Rights Council, is quoted: “Irish people have been appalled by the upsurge of violence in Gaza, and especially the very high and unacceptable level of civilian casualties.  It is clear to us that neither side is paying adequate regard to the cost of their actions on innocent civilians.”   Ms O’ Brien said no ceasefire would last without a serious political effort to 'address the causes of the disastrous situation in Gaza'...The continued absence for people in Gaza of any political or economic perspective for the future is a breeding ground for extremist action.”  Would that some US politicians had the courage and moral clarity of the 57 year old UN Ambassador O'Brien and the 21 year old entertainer Selena Gomez.

Obamacare Rulings
"Two federal appeals court panels issued conflicting rulings Tuesday on whether the government could subsidize health insurance premiums for [4.5 million] Americans...By a vote of 2 to 1, a panel of the United States Court of Appeals for the District of Columbia struck down a regulation issued by the Internal Revenue Service that authorizes the payment of premium subsidies in states that rely on the federal insurance exchange...Within hours, a unanimous three-judge panel of the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., issued a ruling that came to the opposite conclusion."  [NYTimes, July 22] The rulings will not affect consumers immediately as the Obama Administration will continue to provide subsidies until the appeals process takes place.  Despite the Obama Administration's optimism that the D.C. panel will be overruled, this has the potential to reach the Supreme Court.  The Supreme Court has already weakened the Affordable Care Act considerably in its ruling that states were not required to expand Medicaid.  Just because Chief Justice Roberts voted once to uphold the law - so his court would not look like a total political shill - doesn't mean he will do it again.  Just a brief review of the rulings of this court will show that he's apparently no longer concerned about the court's credibility.

Constitutional Amendment to Overturn Citizens United and McCutcheon vs. FEC
One way to amend the constitution is for 2/3 of the states (34) to call for a Constitutional Convention to consider the amendment.  Two states (California and Vermont) have passed such resolutions to overturn the Supreme Court rulings that have removed campaign finance limits.  A third state, Illinois, is considering a similar resolution.  A total of 16 states have passed resolutions or ballot initiatives to overturn Citizens United.   The other way to amend the Constitution is for Congress, by a 2/3 vote, to send the amendment to the states for ratification.  The amendment is enacted once 3/4 of the states (38) approve it.  On July 10, in a straight party line vote, the Senate Judiciary Committee voted to approve an amendment that would restore to Congress and the States the power to regulate the financing of political campaigns.  The party line vote means that it is unlikely that the amendment will be referred to the states.  So, for now, it is up to individual states to call for a Constitutional Convention. [TPM, July 10]

Iran Completes Conversion of 20% Uranium
The BBC reported on July 20: "Iran has turned all of its enriched uranium closest to the level needed to make nuclear arms into more harmless forms, the UN nuclear agency says...A new report from the International Atomic Energy Agency (IAEA) says Iran is observing all of its other commitments as well."  This was a major diplomatic victory for Obama's Iran policy and nary a peep was heard in the US corporate media.

Record June Temperatures
"The combined average temperature over global land and ocean surfaces for June 2014 was the highest on record for the month, at 0.72°C (1.30°F) above the 20th century average of 15.5°C (59.9°F)." [NOAA, Global Analysis - June 2014]

R.I.P. - Campaign Finance Reform

In a 5-4 vote last week, the Roberts Court sounded the death knell of campaign finance reform with its McCutcheon v. FEC ruling.  "The Supreme Court...continued its abolition of limits on election spending, striking down a decades-old cap on the total amount any individual can contribute to federal candidates in a two-year election cycle."  [NYT, April 2]  If Citizens United opened the door to unlimited campaign spending, McCutcheon blows the roof off. 

“There is no right more basic in our democracy,” Chief Justice John Roberts Jr. wrote in the opening of his opinion for the court in McCutcheon v. Federal Election Commission, “than the right to participate in electing our political leaders.”  [NYT, April 2].  Hmm...I really wish he had said the right to vote rather than the right to contribute as much money as you want to as many people as you want.


The response to the ruling of the conservative plurality was about as expected - praised by the right and scorned by the center and left.  The Court's narrow definition of what constitutes "corruption or the appearance of corruption" bears special scrutiny.  The conservative majority on the Court reverted to an interpretation more suited to the Gilded Age in requiring quid pro quo bribery to be the low bar definition of corruption. 

Justice Breyer's dissent is a masterpiece.  "We specifically rejected efforts to define “corruption” in ways similar to those the plurality today accepts...Just as troubling to a functioning democracy as classic quid pro quo corruption is the danger that office­holders will decide issues not on the merits or the desires of their constituencies, but according to the wishes of those who have made large financial contributions valued by the officeholder.”  The Daily Kos has a good writeup on Breyer's dissent.

Here are excerpts from some of the commentaries.

The Supreme Court...continued its crusade to knock down all barriers to the distorting power of money on American elections. In the court’s most significant campaign-finance ruling since Citizens United in 2010, five justices voted to eliminate sensible and long-established contribution limits to federal political campaigns.  [NYTimes, April 2]

The Supreme Court on Wednesday overturned yet another federal law meant to check corruption and influence-peddling in national politics. The ruling shows two things: The Roberts Court’s destructive view on these matters wasn’t changed by the backlash to its Citizens United holding, and Congress must respond by designing new rules that can pass the court’s overly skeptical review.[Washington Post, April 2]

One of the best commentaries is from Dahlia Lithwick at Slate:
Without even acknowledging that it is doing so, the Roberts Five has overturned 40 years of policy and case law, under an earnest plea about the rights of the beleaguered donors who simply want to spend $3.6 million on every election cycle....I worry that the court has located itself so outside the orbit of the 99 percent that it simply doesn’t matter to the five conservatives in the majority that the American public knows perfectly well what bought government looks like and that Breyer is describing a level of cynicism that has already arrived. Worse still, I worry that it matters very little to them that we will stop voting, donating, participating, or caring about elections at all in light of this decision to silence us yet further. In which case McCutcheon is a self-fulfilling prophecy in exactly the way Breyer predicts: Money doesn’t just talk. It also eventually forces the public to understand that we don’t much matter. It silences...

I hate to take issue with the optimism of the Washington Post editorial.  I can't imagine any campaign financing rule changes or laws coming out of Congress that would pass muster before the conservatives on the court.  After all, they think that corporations have the rights of persons and that money given to politicians is free speech. 

Until there is a liberal majority on the Court, the only way to reverse the poisoning of our democracy caused by Citizens United and McCutcheon is by a constitutional amendment.  To propose an amendment requires a two-thirds majority in both houses of Congress (or a request from two-thirds of the state legislatures to call a national convention).  Then three-quarters of the states will need to ratify it.  It's a tough, drawn out task but there has been some momentum underway since Citizens United - as of now 16 states have passed resolutions calling to overturn Citizens United.  Rick Weiland, the Democratic candidate for Senate in South Dakota has even proposed wording for such an amendment. "So that the votes of all, rather than the wealth of the few, shall direct the course of this Republic, Congress shall have the power to limit the raising and spending of money with respect to federal elections."  Sounds good to me.

Links
List of passed State Resolutions to reverse Citizens United [United for the People webpage]