Tag: blanche lincoln

Elena Kagan, Super Tuesday, Tea Parties, Guns

Just as Tuesday’s primary elections were good news for libertarians, they were bad news for Elena Kagan.  Now that Arlen Specter (D-R-D-PA) will never again face an electorate, we will be able to see his true colors, whatever they are – this should be interesting! – on the Senate Judiciary Committee.  Blanche Lincoln (D-AR), assuming she wins her June 8 primary run-off (having to tack left to do so), will be a possible vote against Kagan so she can show skeptical Arkansans that she’s not an Obama-Reid-Pelosi rubber stamp.  And Rand Paul’s trouncing of establishment candidate Trey Grayson in the Republican primary should strike fear into the hearts of all senators running for re-election this fall (or even 2012) such that they refuse to accept pablum from a judicial nominee’s testimony.

The above races, combined even more notably with Scott Brown’s victory in Massachusetts in January, reinforce that voters are upset with Washington and they ain’t gonna take it any more.  Put simply, this fall’s election is shaping up to be a repeat of 1994 – except now we have protesters, the Tea Party movement, actively opposing every type of government expansion, bloat, and “stimulus” emanating from the federal government.  Elena Kagan will still get confirmed but she will face tough questions about the limits on government power; a 59-seat majority is nothing to sneeze at, but her confirmation margin is eroding every day.

Turning to one aspect of Kagan’s record that will get some attention in coming weeks, Ken Klukowski of the American Civil Rights Union argues that the nominee “confirms that President Obama’s gun-control agenda is to create a Supreme Court that will ‘reinterpret’ the Second Amendment until that amendment means nothing at all.”  Now, even though Ken and I have tangled before, I have no doubt that Obama is not the best president ever for the defense of the natural right to keep and bear arms for self-defense.  Still, Ken’s claim here that Kagan’s decision not to file a brief on behalf of the United States in McDonald v. City of Chicago indicates that she is anti-gun rights is specious.

Doug Kendall of the Constitutional Accountability Center – a progressive group that nevertheless has the intellectual integrity to support the application of the right to keep and bear arms via the Privileges or Immunities Clause – has a detailed refutation to these allegations:

As one of two lawyers who met with General Kagan on behalf of the petitioner, Otis McDonald, to request that she file a brief in support of McDonald, I can say first hand that this assertion is nonsense.  It is also worth pointing out, as I do below, that Klukowski’s post has important factual distortions in it.

As has been reported in the press, I joined McDonald’s lead counsel, Alan Gura, in a meeting with General Kagan and her staff to ask the Solicitor General to file a brief in support of McDonald and incorporation, against the City of Chicago.

From the outset, it was clear to me that McDonald was a difficult case for the Obama Administration, and that we therefore faced a decidedly uphill battle in seeking support from the United States.

On the incorporation question, there is also the fact that the Solicitor General’s Office has a tradition of not weighing in on incorporation cases at all, regardless of where it may stand on the merits of the case.  As former Solicitor General Erwin Griswold explained in a 1970 Supreme Court brief, the outcome of incorporation cases is rarely of direct interest to the federal government, while “fundamental considerations of federalism militate against executive intrusion into the area of State criminal law.”  Noting that incorporation cases often arise from questions surrounding state criminal procedure, Griswold indicated that the Solicitor General’s Office was particularly wary of getting involved in a potentially vast number of cases in which criminal defendants sought to expand the procedural protections of the federal Due Process Clause.

General Kagan gave us an entirely fair opportunity to state our case, and the decision by her office to refrain from filing a friend-of-the-court brief in this case tells us nothing meaningful about Kagan’s views on the Second Amendment.

In short, as Josh Blackman says, Kagan had plenty of reasons not to file a brief in McDonald and her decision not to says absolutely nothing about her views on the right to keep and bear arms. Again, I have no doubt that Elena Kagan, being a standard modern liberal, is no friend of the Second Amendment.  But the evidence Ken Klukowski purports to marshal is no evidence at all.

A $1.1 Billion Re-Election Campaign. For the Senate.

When Rep. Collin Peterson (D- Minn. and Chairman of the House Agriculture Committee) pronounces that a farm program is too generous, you know you’ve crossed a line.

But that’s what happened recently after Sen. Blanche Lincoln (D-Ark), Senate Agriculture Committee Chairwoman and – oh, hey, how about that? – facing a tough re-election battle in November proposed an extra $1.1 billion in emergency farm aid be added to a jobs/tax/unemployment/kitchen sink bill going through the Senate this week. These extra handouts would flow despite the fact that the 2008 farm bill contained ”reforms” (the so-called ”permanent disaster” program) ostensibly to put an end to politically-motivated ad hoc emergency aid of just the type that Senator Lincoln is pushing now.

For those who can stomach it, this excellent article by Dan Morgan, one of the nation’s best agriculture journalists, contains plenty of background information.

Pork Politics

Last night I received a press release from the National Republican Senatorial Committee entitled “Lincoln Votes to Protect Millions in Taxpayer Funds for Little-Used Pennsylvania Airport.”  Lincoln would be Arkansas Democrat Senator Blanche Lincoln.  According to the NRSC press release:

In a remarkable vote on the Senate floor this afternoon, U.S. Senator Blanche Lincoln (D-AR) made clear that despite rising federal deficits and a record national debt, she still stands firmly on the side of more wasteful Washington spending.  Lincoln today helped defeat an amendment, offered by U.S. Senator Jim DeMint (R-SC), to the annual transportation appropriations bill that would end taxpayer subsidies for the John Murtha Airport, a little used 650-acre facility in Johnstown, Pennsylvania that has received at least $200 million in taxpayer funding.  U.S. Congressman John Murtha (D-PA), who the airport was named after and who has been the subject of a number of ethics-related stories in recent months, has personally directed $150 million in federal funds to the facility even though it only has 3 flights daily to one destination: Washington, D.C.

When I went to the NRSC’s website I noticed similar press releases for other Democrat senators who I’m assuming are on the outfit’s election hit-list.  Having never received an NRSC press release before, I’m assuming I received this one because I ripped Senator Lincoln in a blog post last week.  If that’s the case, I’m impressed with the NRSC’s resourcefulness.  Regardless, it made me curious to find out if any Republican senators voted with Lincoln and the other Democrats.

In fact, yes, two Republicans did vote to keep the federal money flowing to Murtha’s airport:  George Voinovich of Ohio and Christopher “Kit” Bond of Missouri.  Both are members of the third party in Congress: Appropriators.  Given that he is the ranking member of the Appropriations Committee’s Subcommittee on Transportation, Housing and Urban Development, it’s not a surprise that Bond voted against an amendment unfriendly to a larded-up transportation appropriations bill.  Both are retiring at the end of their terms in 2010, so the NRSC apparently wasn’t too worried about charges of hypocrisy.

With the exception of the aforementioned, all Republican senators voted for the amendment, including appropriators like Murkowski, Collins, Cochran, and Bennett.  None of those folks are exactly known as fiscal tightwads.  So what gives?  Will these senators be headlining tea parties in the near future?

The truth is it’s just politics.  The Republicans are in the minority and got kicked out of the majority by voters due in part to years of fiscal profligacy.  I’m sure more than a few believed this was the type of vote that will help them curry favor with the growing swarms of voters upset with Washington’s out-of-control spending.  It probably helps a smidgen (sarcasm intended) that the airport in question is located in Pennsylvania, home to two Democrat senators, one of which is recent Republican defector Arlen Specter.  Oh, and it’s Democrat John Murtha’s airport.

I’m wondering where these Republican votes to eliminate pork were when I was working with Sen. Tom Coburn (R-OK) several years ago to kill funding for the Bridge to Nowhere and other assorted congressional slop.  At the time, Republicans were in the Senate majority. For example, on the Bridge to Nowhere vote, our amendment went down 15-82.  Only 11 Republicans supported the amendment.

Don’t get me wrong. I’m pleased to see almost all Republicans (and five Democrats) vote to stop funding Murtha’s airport.  But their votes were driven by political considerations and not a new-found zeal for reigning in federal spending.  And let’s face it, defunding the Murtha airport is merely symbolic given that it would save peanuts.  So let’s see what happens on a vote to strip funding for the entire transportation program that subsidizes the other small airports in this country, many of which probably wouldn’t exist were it not for the federal cheese.  Of course, someone would have to actually introduce such an amendment first.  Senator Coburn or DeMint?