Last Call

The GOP plan to steal the electoral college is getting some backlash, which means Republicans are both denying the plan at the state level...

What are the chances that this plan gets passed? It doesn’t look great for Republicans in favor of the bill. The proposal will likely make it out of the full Republican-controlled Committee on Privileges and Elections, but will face hurdles in front of the full Senate. The Virginia Senate is split between 20 Democrats and 20 Republicans. One Republican, State Sen. Jill Holtzman Vogel, abstained from voting in favor of the proposal in subcommittee and has said it is unlikely she will vote in favor of it on the Senate floor. Without her vote, the proposal is a no-go.

...And admitting they want to take to plan nationally to all of the GOP-controlled swing states that voted for Obama.

Jordan Gehrke, a D.C.-based strategist who's worked on presidential and Senate campaigns, is teaming up with Ken Blackwell, a former Ohio Republican secretary of state, to raise money for an effort to propose similar electoral reforms in states across the country, he told me this week.

Gehrke and Blackwell have been talking to major donors and plan to send a fundraising email to grassroots conservatives early next week. The money would go toward promoting similar plans to apportion electoral votes by congressional district in states across the country, potentially even hiring lobbyists in state capitals. 

Gehrke isn't saying which states the project might initially target. He says he'd like to see the plan implemented in every state, not just the ones where clever redistricting has given Republicans an edge, and he justifies it in policy, not political terms.

A presidential voting system where the electoral college was apportioned by congressional district might not be perfectly fair, he says, but it would be better than what we have now. It would bring democracy closer to the people, force presidential candidates to address the concerns of a more varied swath of the American populace, and give more clout to rural areas that are too often ignored. And while it might help Republicans in states like Virginia, it could give Democrats a boost in states like Texas. Ideally, this new system, implemented nationally, would strengthen both parties, he claims. 

Sure, and let's remember that if this plan had been in effect, Mitt Romney would be President now.

In fact, if every state awarded its electoral votes by congressional district, it's likely that Mitt Romney would have won the 2012 presidential election despite losing the popular vote by nearly four percentage points. (According to Fix projections and data from Daily Kos Elections, Romney won at least 227 congressional districts and 24 states, giving him 275 electoral votes -- more than the 270 he needed.)

In addition, if just the five states mentioned above changed their systems, Obama's 126-electoral-vote win would have shrunk to a 34-vote win -- close enough where a different result in Florida (which Obama won by less than one point) would have tipped the 2012 race in Romney's favor.

Republicans know exactly what and why they are doing this, they are trying to steal an election where just like gerrymandered Democratic votes are stuffed into urban and minority district.  If the entire nation had implemented the Virginia plan where the 2 Senatorial electoral college votes are doled out by the winner of the most districts, Romney's victory in the above scenario would have been even larger despite losing the popular vote by 5 million.

The vote under this plan would have been exactly the same.  The difference is the winner would be whoever can steal the most House districts, which thanks to 2010 gerrymandering, would mean the GOP would be a clear favorite in 2016 and 2020.  And what would the GOP do with that power?

What do you think?

I Believe I Have Found Your Activist Judges, GOP

If this ridiculous ruling from the three Republican-appointed judges on the DC Appeals Court is allowed to stand, the Republicans can shut down the executive branch, period.  Adam Serwer at Mojo:

On Friday, a federal appeals court ruled that President Barack Obama's appointments to the National Labor Relations Board, which regulates and oversees labor disputes, were unconstitutional. The Constitution allows the president to make temporary appointments, called recess appointments, while the Senate is on break—or recess, in DC terms. Obama did make the NRLB appointments while the Senate was on vacation. But Senate Republicans claimed that the Senate was technically still in session over their vacation because they were holding brief, minutes-long meetings over the course of the break. The three judges on the panel—all of whom were appointed by Republican presidents—agreed with the challengers. Now all the decisions Obama's NLRB appointees made since they joined the board are at risk of being invalidated.

The court's decision doesn't just affect labor law: it could also have an impact on the White House's broader economic agenda. The sweeping ruling throws into question the future of regulatory decisions made by one of the administration's most aggressive agencies, the Consumer Financial Protection Bureau. 

So two executive agencies that Republicans despise are now effectively out of business as of Friday: the people that keep corporations from screwing over workers, and the people that keep banks from screwing over everybody.  That's not allowed in the Republican worldview:  people are simply resources that must be exploited for maximum profit.

Also out of business:  The President can basically no longer make recess appointments.

Friday's ruling takes the sweeping view that recess appointments made during Senate breaks, like vacations, are unconstitutional. The court found that the recess appointment power can only be used during breaks between Senate sessions—and those only happen once a year, usually over the Christmas and New Year's holidays. It also holds that the president can only make recess appointments for positions that become open during a recess—as opposed to ones that already were open. The court's position would invalidate the vast majority of recess appointments made by Republican and Democratic presidents over the course of the last century, including that of John Bolton, George W. Bush's ambassador to the United Nations.

In other words, recess appointments were fine until the black guy made a couple.  Somebody please come up with an argument that says otherwise, because right now as it stands, Republican judges are really just putting a black man "in his place".

StupidiNews, Weekend Edition!

• Hackers from Anonymous are planning to release "sensitive information" about the Obama Justice Department in retaliation for the suicide of Reddit co-founder Aaron Swartz.
• US Internet providers are voluntarily implementing a "six strikes" program to combat online copyright infringement and piracy.
• Georgia GOP Sen. Saxby Chambliss announced he won't run for re-election in 2014, giving Democrats a possible shot at his seat.
• Exxon Mobil has passed Apple as the world's most valuable company as the tech giant's disappointing 4th quarter earnings have dropped its stock by more than 10%.
• UC Irvine is preparing a new lab to research frozen methane hydrate found on the ocean's floor, which could be a vast new source of natural gas.

Last Call

And the nullification nonsense continues as Republicans keep trying to pick a fight with 235 years of US history.

A pair of Republican lawmakers in Mississippi have proposed a bill to keep the federal government in its place, and laying out a plan to create a Joint Legislative Committee on the Neutralization of Federal Law, which would — well maybe you can already start to guess what the committee would do.

The bill, known as the Mississippi Balance of Powers Act, was authored by state Rep. Gary Chism (R), chairman of the House Insurance Committee, and Rep. Jeff Smith (R), chairman of the House Ways and Means Committee. Earlier this week, the bill was referred to the House Constitution Committee. 

This is pretty much a direct, open challenge to the Supremacy Clause in the Constitution, something wingers have been trying to get rid of for generations.

The neutralization committee called for in the bill would enforce “a constitutional balance of powers,” and would be made up of the lieutenant governor, six members of the state Senate appointed by the lieutenant governor, the speaker of the state House of Representatives or his designee and six members of the House of Representatives appointed by the speaker. The committee will be allowed to review “any and all existing federal statutes, mandates and executive orders for the purpose of determining their constitutionality.” Any measure that is found to be “beyond the scope and power assigned to the federal government under Article 1 of the United States Constitution or in direct violation of the Mississippi Constitution of 1890” may be recommended for neutralization by the simple majority vote of each house of the Mississippi State Legislature.

“If the Mississippi State Legislature votes by simple majority to neutralize any federal statute, mandate or executive order on the grounds of its lack of proper constitutionality, then the state and its citizens shall not recognize or be obligated to live under the statute, mandate or executive order,” the bill reads.

"Nope, we don't want to follow the rules of your federal government, and we've decided that we're just not going to enforce the bits we don't like.  Do something about it.  We dare you."

Like I keep saying, South Carolina tried this about 175 years ago.  Didn't work out so great for them or the country, either.

Please proceed, Mississippi.

Benjamin Netanya-Skew

Josh Marshall discovers that Bibi's pollsters had been taking a page from the Romney Reality Bubble playbook.

Much like with Mitt Romney, it seems that Benjamin Netanyahu had no idea of the electoral drubbing headed his way, despite the fact that independent pollsters very much did see it coming. Yes, you guessed it: Netanyahu’s pollsters were apparently skewing his poll data.

Haaretz has the details on some familiar-sounding confused pollsters...

On Sunday Netanyahu was still convinced his party would obtain 36-37 Knesset seats. While most of the experienced pollsters like Camil Fuchs, Dr. Mina Tzemach and Rafi Smith discerned Likud-Beiteinu’s slide toward 30 seats, Netanyahu and his partner Avigdor Lieberman were intoxicated by groundless figures with at best a flimsy connection to reality.

Team Bibi got 31 of 60 Knesset seats, just barely a majority...if they can keep it together.  What goes around, comes around, man.  Can't say I'm surprised, after all, Bibi thought it would be a good idea to back Mitt Romney...

Manchin On The Hill

To my surprise, WV Dem Sen. Joe Manchin is doing a lot more than just playing ball on universal background checks for firearms sales:  he's co-sponsoring the bill in the Senate.

Sens. Mark Kirk (R-Ill.) and Joe Manchin (D-W.Va.) are collaborating on legislation to expand requirements on background checks to purchase firearms.

"We are working together to find an amenable background-check proposal," a Kirk staffer told The Hill on Thursday afternoon.

Proposals to increase background checks are widely popular with the public, according to polls, and are the least controversial of a number of gun-control measures proposed by President Obama. But gun-control legislation has gotten off to a rocky start because of resistance from Republicans and some red-state Democrats.

Kirk and Manchin, close friends who represent states that normally elect members from their opposite parties, could be crucial to any gun-control debate. Kirk has long backed an assault-weapons ban and is one of the most pro-gun control Republican senators. Manchin, a lifetime member of the National Rifle Association, has also emerged as a key player in the current gun-control debate. He's called for a wide-ranging discussion on how to cut down on gun violence, including new firearm restrictions, and on Thursday morning came out in favor of increased background checks.

Could we actually be seeing reasonable, actual, bipartisan legislation as intended?  Don't get your hopes up.  Republicans will still look to block the measure in the Senate, and I doubt any gun control measures will again, even get a vote in the House.  It's a definite way for Kirk and Manchin to get bipartisan cred without anything actually having to happen.

We'll see where this bill goes.

StupidiNews!

• Senate majority leader Harry Reid and minority leader Mitch McConnell have come to an agreement to make minor changes to the filibuster rule.
• Missouri becomes the latest state to push intelligent design alongside evolution in teaching biology in schools.
• No Senate Republicans have signaled any support for California Democrat Sen. Dianne Feinstein's revival of the assault weapons ban she wrote 20 years ago.
• Sen John Kerry faced the Senate panel he chaired as nominee for Secretary of State, seeking confirmation and warning Iran on nuclear weapons.
• Star Trek reboot director J.J. Abrams will get a crack at the other big sci-fi franchise, named as the director of the 7th Star Wars film.

Last Call

Republicans are starting to get serious about stealing 2016's presidential race.






Pennsylvania, Michigan and Virginia Republicans are already working on bills that do this.  The Virginia bill would give the two Senate electoral votes to the winner of the most districts, not the winner of the state.  If all six of these states had adopted the Virginia GOP plan in 2012, it would have cost President Obama 78 electoral votes by my math...which would have made Mitt Romney President despite losing the popular election by 5 million votes, and losing the popular vote in every one of these states.

So yes, when I say the GOP is trying to steal the next Presidential election, I mean just that.

Shooting Fish In A Barrel

Republicans want Democrats to take the blame for the death of gun control legislation, that's assured.  The House will never vote on meaningful firearms legislation at all (just like they simply never took a vote on the American Jobs Act) but if nothing can pass the Senate, the Democrats get the blame. 

If this legislation dies in the Senate, it's Red State Dems like Joe Manchin in WV who will kill it.

Talk of stricter gun control has stirred up a lot of unease here, a place where hunters vie for top prize (a 26-inch LED television) in the Big Buck Photo Contest, and ads for a gun-simulator game ask, “Feel like shooting something today?”

But before Senator Joe Manchin III invited a group of 15 businessmen and community leaders to lunch last week to discuss the topic, he had only a vague idea of how anxious many of his supporters were. 

“How many of you all believe that there is a movement to take away the Second Amendment?” he asked. 

About half the hands in the room went up. 

Despite his best attempts to reassure them — “I see no movement, no talk, no bills, no nothing” — they remained skeptical. “We give up our rights one piece at a time,” a banker named Charlie Houck told the senator. 

If there is a path to new gun laws, it has to come through West Virginia and a dozen other states with Democratic senators like Mr. Manchin who are confronting galvanized constituencies that view any effort to tighten gun laws as an infringement. 

As Congress considers what, if any, laws to change, Mr. Manchin has become a barometer among his colleagues, testing just how far they might be able to go without angering voters. 

And the answer will be "nowhere."  We'll here how Joe Manchin tried of course, but in the end he has to go with what his constituents tell him.  And his constituents tell him that the Kenyan Usurper is coming for their guns, and that if Joe Manchin helps him, they'll come for Joe Manchin's head in the President's place.

Maybe Manchin will surprise me.  I wouldn't count on it however.

Bending That Cost Curve

Matthew Yglesias offers up this chart of Canadian health care spending versus the United States:

 This is the chart that I think ought to dominate the conversation about public-sector health care spending in the United States, and yet it is curiously ignored. The data show government health care spending per capita in the United States and Canada. The United States spends more. And that's not more per person who gets government health insurance, it's more per resident. And yet Canada covers all its citizens, and we don't. That should be considered shocking stuff, and yet I rarely hear it mentioned.

Matt goes on to make the point that Canada leverages the power of its health care system to get the lowest prices.  The United States basically refuses to, because Big Pharma and Big Insurance wants to make money.   Canada covers all of its citizens by spending about 25% less per person.  So why aren't we using the Canadian system?

Big Pharma, Big Insurance.

StupidiNews!

• North Korea says it will conduct more nuclear and long-range rocket tests as part of a deliberate confrontation with the United States.
• The UK's top medical adviser says the country should consider a possible pandemic of antibiotic-resistant diseases as a national emergency scenario comparable to a terrorist strike.
• With a 285-144 vote, House Republicans have passed a three month suspension of the debt ceiling, and the legislation is expected to go to the Senate.
• The Department of Transportation and the FAA will continue to ground the Boeing 787 Dreamliner until a cause of battery fires on the planes has been found.
• Google says that with standards from Congress stalled by partisan fighting, the company will choose to require a warrant to release information on its Gmail users.

Last Call

Add Virginia to the list of GOP-controlled states that voted for President Obama in 2012, with Republicans now looking to make sure they can steal the election in 2016.

A Republican-backed bill that would end Virginia’s winner-takes-all method of apportioning its 13 electoral votes in presidential elections cleared its first legislative hurdle Wednesday.

A Senate Privileges and Elections subcommittee recommended Sen. Bill Carrico’s bill on a 3-3 party line vote Wednesday, advancing it to consideration by the GOP-dominated full committee next week. Republicans control the Senate and House in Virginia, and Gov. Bob McDonnell is a Republican.

The bill would apportion electors by congressional district to the candidate who wins each of the state’s 11 districts. The candidate who carries a majority of the districts would also win the two electors not tied to congressional districts.

Sen. Charles W. “Bill” Carrico, R-Grayson, said the change is necessary because Virginia’s populous, urbanized areas such as the Washington, D.C., suburbs and Hampton Roads can outvote rural regions such as his, rendering their will irrelevant.

Yes, it's so awful that we can't have Republican co-Presidents to represent the will of the people who lost a winner-take-all presidential election.  How terrible that in a democratic republic, a majority vote allows you to win.  We can't have that, so let's split the electoral vote specifically in a way that allows Republicans to win!

At some point this kind of nonsense has to end up in front of the Supreme Court, right?

Janie's Got A Gun, And A Rifle, And A Mortar, And...

Hello, Obama Second Term!  What have you for us today?  The Pentagon finally allowing women into combat, you say?

The U.S. military is ending its policy of excluding women from combat, and will open combat jobs and direct combat units to female troops, CNN has learned. Multiple officials confirm to CNN that Defense Secretary Leon Panetta will make the announcement tomorrow, and notify Congress of the planned change in policy.

"We will eliminate the policy of 'no women in units that are tasked with direct combat, a senior defense official says.

But the officials caution that "not every position will open all at once on Thursday."

Once the policy is changed, Department of Defense will enter what is being called an "assessment phase," in which each branch of service will examine all of its jobs and units not currently integrated and then produce a timetable in which it can. The Army and Marine Corps, especially, will be examining physical standards and gender-neutral accommodations within combat units. Every 90 days, the service chiefs will have to report back on how they're doing.

Well about damn time.  I know and work with several women who are veterans and have served this country admirably, and frankly it's the 21st Century anyway.   It's a volunteer military, and if you can meet the physical requirements and can do the job, then you deserve to be able to take your shot at it.

Good on you, Pentagon.

And It Continues In Earnest, Part 6

More county mounties are pledging to ignore the USURPER KENYAN REGIME of President Shabazz Guntaker X, this time near Bon's neck of the woods in Missouri.

As President Barack Obama continues to push gun control proposals in Washington D.C., Sheriff Charles M. Heiss, R-Johnson County is asking fellow law enforcers to sign and send this letter to the president.

The letter expresses concern with the Obama administration and the president’s gun control laws he laid out before Congress last week.

“It appears to me and many Americans that there is a genuine desire on the part of your administration to restrict the Second Amendment rights of law abiding American citizens in the interest of curbing gun violence in our nation,” Heiss wrote. “Any attempt to restrict these Second Amendment rights through executive order is unconstitutional and tantamount to an all-out assault on the United States Constitution.”

Gosh, I had no idea everyone was a Constitutional law scholar and Supreme Court Justice.   Trying to think when Clinton, Reagan, and Bush 41 proposed gun laws (and in Reagan and Clinton's case, passed them and signed them) if we had law enforcement officials say "Nope, screw you.  We refuse to enforce your laws."

I'm guessing no.  What's different about this President, I wonder...

Oh yeah, that's right.  He doesn't count anyway in the eyes of tens of millions, so it's okay.

StupidiNews!

• A 22-year-old suspect is being held in Tuesday's shooting and wounding of three students at a community college in Dallas.
• Benjamin Netanyahu won the narrowest of victories in Tuesday elections in Israel, considerably weakening his right-leaning coalition.
• The leader of US forces in Afghanistan, Gen. John Allen, has been cleared of any wrongdoing in the affair of former CIA director Gen. David Petraeus.
• British PM David Cameron is promising to bring up the question of the UK leaving the European Union in a referendum by 2017 if re-elected.
• The Federal Trade Commission has announced a lawsuit against a fake non-profit that reportedly scammed $70 million in fraudulent cell phone fees from thousands of victims.