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How A Republican Appeals Court Just Made Citizens United Even Worse

One of the few silver linings on the Supreme Court’s election-buying decision in Citizens United was its holding that — although corporations are now free to spend as much money as they want to elect their preferred candidates — such spending could still be subject to disclosure laws so long as those laws bear a “substantial relation” to “‘providing the electorate with information’ about the sources of election-related spending.” The most Republican federal court of appeals in the country just wiped away much of this silver lining, however, striking down a Minnesota law requiring corporations seeking to buy elections to register their political fund and make regular public disclosures of its activities.

In an opinion joined by six of the court’s Republican appointees, the U.S. Court of Appeals for the Eighth Circuit effectively reduced the Supreme Court’s endorsement of disclosure laws into a ban on disclosure rules that corporations might find inconvenient:

Perhaps most onerous is the ongoing reporting requirement. Once initiated, the requirement is potentially perpetual regardless of whether the association ever again makes an independent expenditure. The reporting requirements apparently end only if the association dissolves the political fund. To dissolve the political fund, the association must first settle the political fund’s debts, dispose of its assets valued in excess of $100—including physical assets and credit balances—and file a termination report with the Board. Of course, the association’s constitutional right to speak through independent expenditures dissolves with the political fund. To speak again, the association must initiate the bureaucratic process again.

Under Minnesota’s regulatory regime, an association is compelled to decide whether exercising its constitutional right is worth the time and expense of entering a long-term morass of regulatory red tape.

The plaintiffs in this case were represented by GOP anti-campaign finance crusader James Bopp, who frequently represents anti-abortion and anti-gay groups. One of the likely consequences of Bopp’s victory is that corporate donors seeking to promote an anti-gay ballot initiative seeking to write marriage discrimination into the Minnesota constitution will not be subject to disclosure.

Five judges, including three Republicans, dissented from this expansion of Citizens United. In the Citizens United opinion itself, only Justice Thomas broke with the Court’s endorsement of disclosure laws. Thomas also believes that national child labor laws are unconstitutional.

NEWS FLASH

Bank Lobbyists Launch Super PAC To Weaken Wall Street Reform | The American Bankers’ Association — which represents the biggest banks in the U.S. — will likely vote today to launch a Super PAC to back candidates who favor rolling back provisions of the Dodd-Frank financial reform law. The group plans to focus on Senate races, as “attempts in the Republican-controlled House to roll back regulation of the financial industry, particularly the 2010 Dodd-Frank Act, have so far run aground in the Democratic-controlled Senate.” Having a Super PAC would allow the ABA to funnel money anonymously to these races; so far, the ABA has donated $1.7 million to 2012 candidates, the majority of which went to Republicans.

Economy

North Dakota Senate Candidate Loudly Booed For Promise To Privatize Social Security

Rep. Rick Berg (R-ND)

Rep. Rick Berg (R-ND) defended his plan to privatize Social Security at a Senate debate yesterday, prompting loud and sustained boos from audience members.

During the North Dakota Broadcasters debate in Bismarck, Berg’s opponent in the Senate race, Heidi Heitkamp, attacked the congressman for supporting privatizing Social Security. “When you say ‘I’m going to fix it,’ you’re going to privatize it,” charged Heitkamp. Indeed, as a state representative in 2005, Berg introduced a resolution formally supporting then-President Bush’s plan to privatize Social Security.

When Berg said that this attack is “what’s wrong with Washington,” he was met with a loud chorus of boos from the audience:

HEITKAMP: When you say “I’m going to fix it,” you’re going to privatize it. That was George W. Bush’s plan. [...] That’s the plan you supported, Bush’s privatization plan. You can’t run away from that record.

BERG: Just as a wrap up, this is what’s wrong with Washington. People blame, blame, blame and don’t come up with solutions… [Loud boos from the audience]… What we need are solutions to Social Security. There’s no question. But what we need is to get our economy going.

Approximately 18 percent of North Dakotans receive Social Security benefits. Their retirement incomes could be threatened if Berg and other conservatives succeed in privatizing Social Security.

Health

GOP Congressman Wants Junk Food Back In Schools: ‘Kids Are Starving’

In a recent speech, Rep. Steve King (R-IA) assailed new federal regulations that improve the nutritional standards of meals served in schools. He called the new standards, which come from the 2010 Healthy, Hunger-Free Kids Act, rationing:

This is the nanny state personified,” the Republican from Kiron said during a noon speech to about 20 people at the Webster County Republican Party headquarters. [...]

He said parents have approached him and have said things like “My kids are starving in school. My kids are being rationed on calories.”

Though King says calories are being limited, the Healthy, Hunger-Free Kids Act (HHFKA) actually expands student access to food by promoting breakfast programs and providing nation-wide funding to after-school programs that serve meals and snacks for at-risk kids and teenagers. Prior to the act, only 13 states and Washington, D.C., had funding for such programs. The healthy kids program improves nutritional standards for school lunches from “science-based standards” and recommendations from the Institute of Medicine. Such improvements are necessary. According to the Center for Disease Control and Prevention (CDC), childhood obesity has tripled in the last 30 years, and more than one-third of children and adolescents were obese in 2008.

It should come as no surprise that King has come out against healthy school lunch standards. King is a staunch defender of “pink slime,” a mixture of leftover beef trimmings and fat that is sprayed with ammonium hydroxide and used as filler for hamburger meat. Coincidentally, he received $45,000 in campaign contributions from the meat industry. Also, he has proudly demonized vegetarians in public.

King’s comments ignore many important facts regarding childhood health and the importance of good eating habits. The Healthy, Hunger-Free Kids Act attempts to correct many of the food-related problems in our school systems. To call its regulations “the nanny state personified” is irresponsible and intentionally mischaracterizes the bill’s goals.

– Greg Noth

Election

Associated Press ‘Fact Checks’ Clinton’s Speech By Bringing Up Monica Lewinsky

Bill Clinton’s 48-minute speech at the Democratic National Convention Wednesday night was, as FactCheck.org put it, “a fact-checker’s nightmare: lots of effort required to run down his many statistics and factual claims, producing little for us to write about.”

Clinton’s numbers checked out, according to most fact-checking outlets, including Politifact, which has been accused of unfair exaggeration by liberals before. Though he frequently departed from the script, the former president correctly cited the statistics on Obama’s job growth, decreasing health costs since 2010, and the stimulus tax cuts for 95 percent of Americans.

Yet one outlet disagreed with the general consensus: the Associated Press. The AP fact-check said Clinton “either cherry-picked facts or mischaracterized the opposition.” It even “fact-checked” Clinton’s offhand reference to the Romney campaign’s dishonesty by bringing up Clinton’s Monica Lewinsky scandal:

CLINTON: “Their campaign pollster said, ‘We’re not going to let our campaign be dictated by fact checkers.’ Now that is true. I couldn’t have said it better myself — I just hope you remember that every time you see the ad.”

THE FACTS: Clinton, who famously finger-wagged a denial on national television about his sexual relationship with intern Monica Lewinsky and was subsequently impeached in the House on a perjury charge, has had his own uncomfortable moments over telling the truth. “I did not have sexual relations with that woman, Miss Lewinsky,” Clinton told television viewers. Later, after he was forced to testify to a grand jury, Clinton said his statements were “legally accurate” but also allowed that he “misled people, including even my wife.”

During its fact-check of this claim, the AP article had to ignore the Romney campaign’s dishonest attack on Obama’s welfare work requirements, which even Republican governors have questioned. It also fails to consider the campaign’s habit of deliberately editing Obama out of context, as they did in Romney’s first ad, which attributed the line, “If we talk about the economy, we’re going to lose,” to Obama when he was actually mimicking the McCain campaign in 2008. Also missing is the fact that the Republican National Convention last week was based on a distortion of Obama’s “you didn’t build that” quote. ThinkProgress has compiled a comprehensive catalog of Romney’s lies on virtually every issue he’s had to discuss.

Rather than attempt to debunk Clinton’s attack on the campaign’s dishonesty, the AP could only imply that Clinton cannot criticize any false claims because of his past scandal. And, to make the attack seem more credible, it is presented as “THE FACTS.”

Health

Conservatives Bash Sandra Fluke’s Convention Speech, Parroting Limbaugh’s Sexist Attacks

Despite the widespread outcry against Rush Limbaugh’s and Bill O’Reilly’s sexist smears against Sandra Fluke earlier this year — when they claimed she was a “slut” who wants the government to pay for her “social life” — other far-right commentators haven’t quite grasped why these types of attacks are offensive. After Fluke took to the stage of the Democratic National Convention last night to articulate the issues at stake in the ongoing War on Women, conservative media took to Twitter to bash her for “whining” about needing free birth control for the activities that go on in her “bedroom”:


Aside from misrepresenting Fluke’s point that women should not have to pay more than men do for essential preventative health services, including contraception, these smears degrade Fluke as a woman. In fact, Fluke speaks for the one in three American women who report struggling to afford birth control, and does not need to apologize for either her sexuality or her demand for equitable health care. And although some commentators decried Fluke for “only” talking about birth control rather than addressing other political themes, as if contraception is merely a petty and personal issue, access to health services like contraception is inextricably linked to economic issues.

Economy

Clinton: Over Last 50 Years, Two-Thirds Of Private Sector Job Growth Came Under Democratic Presidents

Former President Bill Clinton poured cold water on the Republican Party’s jobs rhetoric last night in a speech at the Democratic National Convention, telling the nation that in the 50 years since John F. Kennedy took office, the vast majority of private sector jobs have been created under Democratic administrations. In those 52 years, as Bloomberg reported in May, 42 million of the new private sector jobs were created during 24 years of Democratic presidencies versus just 24 million under Republicans.

Clinton highlighted the statistic last night as evidence that the Republican vision for the economy, which ignores that “poverty, discrimination, and ignorance restrict growth,” won’t provide the recovery the American economy needs:

CLINTON: Well, since 1961, for 52 years now, the Republicans have held the White House 28 years, the Democrats 24. In those 52 years, our private economy has produced 66 million private sector jobs. So, what’s the job score? Republicans, 24 million, Democrats, 42 (million). Now, there’s a reason for this. It turns out that advancing equal opportunity and economic empowerment is both morally right and good economics. Why? Because poverty, discrimination, and ignorance restrict growth. When you stifle human potential, when you don’t invest in new ideas, it doesn’t just cut off the people who are affected, it hurts us all.

Watch it:

The GOP’s supply-side economic policies, which rely on tax cuts for corporations and the wealthy, have failed to boost economic growth for more than three decades, a point Clinton made while hammering Republican nominee Mitt Romney’s plan to push through a tax cut four times the size of George W. Bush’s. “We simply can’t afford to give the reins of government to someone who will double down on trickle down,” Clinton said.

Clinton isn’t alone in analyzing the GOP’s economic failures: in July, 40 economists looked at the Republican Party’s plans and determined that it had abandoned economic reality. During the GOP primaries, economic professors said the party’s plans couldn’t pass a basic economics class.

Politics

Morning Briefing: Bill Clinton Steals The Show

- By all measures, President Bill Clinton had a winning performance in Charlotte last night. CNN said he “was not only charismatic, but serious.” Washington Post reviewed him as “master explainer and policy clarifier, party morale booster extraordinaire.” The New York Times found him to be ” perfect counterpoint to the Republican Party’s assault on President Obama.” BBC labeled him a “master tactician,” and Reuters deemed him “Obama’s most valuable weapon.”

- The Washington Post’s Sarah Kliff interviewed convention speaker and women’s health advocate Sandra Fluke, who gained national fame when she was barred from testifying before Congress about the need for affordable birth control. “It’s important that people are talking about this rather than it just being something Congress legislates,” Fluke said. “People realize their lives are being effected.”

- In case you missed it from last night’s convention, Massachusetts Democratic Senate candidate Elizabeth Warren had the crowd on their feet when she explained the differences between corporations and people:

- Google searches for Bill Clinton peaked during certain parts of his speech. This graph, provided by Politico, shows the lines that drove the most traffic:

- And Finally: Someone planted some empty chairs next to a cutout of Clint Eastwood on the side of a California freeway.

Politics

Bill Clinton Takes On Paul Ryan: ‘It Takes Some Brass’

Bill Clinton singlehandedly dismantled the Romney-Ryan campaign narrative that President Obama is trying to put an end to Medicare at the Democratic Convention Wednesday night, pointing out that it is in fact the Romney-Ryan proposal for Medicare that would permanently change the program to a depreciating voucher system. “It takes some brass,” Clinton said, “to attack a guy for doing what you did”:

First, Both Governor Romney and Congressman Ryan attacked the President for allegedly robbing medicare of $716 billion. But it is not true.[...]

So, President Obama and the Democrats did not weaken Medicare. They strengthened Medicare. When Congressman Ryan looked into that TV camera and attacked President Obama’s Medicare savings as “the biggest, coldest power play,” I did not know whether to laugh or cry. Key cuts that $716 billion is exactly to the dollar the same amount of medicare savings that he had in his own budget. It takes some brass to attack a guy for doing what you did.

Watch it:

Politics

Elizabeth Warren Explains: ‘No, Governor Romney, Corporations Are Not People’

Elizabeth Warren, the Democratic senate candidate in Massachusetts, drew roaring cheers, applause, and even tears tonght at the Democratic Convention when she laid out the differences between corporations and people. Knocking Romney for his infamous line “corporations are people, my friend,” Warren illustrated the stark divides — “People have hearts,” she said:

After all, Mitt Romney’s the guy who said corporations are people. No, Governor Romney, corporations are not people. People have hearts. They have kids. They get jobs. They get sick. They thrive. They dance. They live. They love. And they die. And that matters. That matters. That matters because we don’t run this country for corporations, we run it for people.

Watch it:

Election

WATCH: Sandra Fluke Explains The Republican War On Women In 144 Seconds

Sandra Fluke, the Georgetown Law student who was dragged into the national spotlight after Rush Limbaugh referred to her as a slut, said Wednesday it is time to choose between being “a country that honors our foremothers by moving us forward, or one that forces our generation to re-fight the battles they already won.”

In a speech at the Democratic National Convention in Charlotte, N.C., she warned:

Your new president could be a man who stands by when a public figure tries to silence a private citizen with hateful slurs. Who won’t stand up to the slurs, or to any of the extreme, bigoted voices in his own party. It would be an America in which you have a new vice president who co-sponsored a bill that would allow pregnant women to die preventable deaths in our emergency rooms. An America in which states humiliate women by forcing us to endure invasive ultrasounds that we don’t want and our doctors say we don’t need. An America in which access to birth control is controlled by people who will never use it; an America in which politicians redefine rape so survivors are victimized all over again; in which someone decides which domestic violence victims deserve access to services, and which don’t.

Watch the video:

Fluke contrasted that possibility with the supportive reception she received from a president who reached out to support her, strangers who lifted her up, and a convention that invited her to speak. She encouraged America to choose to be “a country where we mean it when we talk about personal freedom,” rather than “one where that freedom doesn’t apply to our bodies and our voices.”

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Election

After Bucking Federal Judge On Early Voting, Ohio Secretary Of State Ordered To Appear In Court

Judge Peter Economus has set a hearing for September 13 to address Ohio Secretary of State Jon Husted’s refusal to comply with the court’s ruling that the state must allow early voting on the three days leading up to the general election. Economus released a terse order Wednesday afternoon: “The Court ORDERS that Defendant Secretary of State Jon Husted personally attend the hearing.” The Obama campaign filed a motion earlier Wednesday asking the court to make Husted give way.

Husted issued a directive Tuesday stating that he would appeal the decision to restore early voting on those three days, claiming that changing the hours now would “only serve to confuse voters.” The directive “strictly prohibits county boards of elections from determining hours for the Friday, Saturday, Sunday, or Monday before the election.”

Lynn Kinkaid, Director of the Butler County Board of Elections, which originally voted to hold weekend hours before Husted’s directive restricted them, told ThinkProgress the board is powerless to act against the Secretary of State’s directive. “I can’t imagine we would disobey a court order…he must have a good reason for it,” Kinkaid said. “He’s the big boss. I’m not going to second-guess my boss.”

Husted fired two Montgomery County election board members after they defied his directive and voted to hold weekend voting hours. Two other Ohio counties have asked Husted to reevaluate the voting restrictions.

Kinkaid recalled huge turnout in Butler County, which voted for McCain in 2008, on the weekend before the election: “There was a lot of people out there. We had them lined up two people, down the hall, out the door, over into the churchyard a block or two away. People waited for three hours.” By Kinkaid’s estimate, poll workers worked 36 hours of overtime that weekend.

There are several pending lawsuits against Husted’s office, including a recent suit by his Democratic predecessor, Jennifer Brunner, over his directive to limit voting hours. On Tuesday, the two fired board of elections members called for Husted’s resignation over a redistricting ballot issue.

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