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Would the ADA pass today?

07/28/15 09:34AM

Former Senate Majority Leader Bob Dole (R-Kan.) was on Capitol Hill yesterday for a bipartisan event celebrating this week's 25th anniversary of the Americans with Disabilities Act. The law, which has done so much to improve the lives of millions of Americans, is "the sort of big bipartisan triumph of yore that now seems unimaginable," the Washington Post's Dana Milbank noted this morning.
This truth did not elude Dole, the 92-year-old war hero now bound to a wheelchair, who's occasionally candid about his disappointment in today's radicalized Republican Party. Referring to the dozens of congressional Republicans who simply refuse to compromise, Dole said yesterday, "I don't know what they are."
But it's against this backdrop that The New Republic's Brian Beutler considered whether the Americans with Disabilities Act would pass in Congress "if it were introduced as new legislation today."
In general, and whether it's true or not, Republicans tend to oppose federal regulation on the grounds that regulation imposes heavy burdens on businesses. In 1990, opponents to the ADA, such as they were, made precisely this argument. And they weren't wrong! Requiring places of business to accommodate disabled people is an obviously worthy undertaking, but it isn't necessarily a cheap or easy thing to do.
It's not that the burdensome-to-business objection is a red herring exactly, but the ADA shows that once upon a time not too long ago, Republicans in Congress were happy to override that objection if they viewed the underlying regulatory goals as particularly worthy. 
Well said. The arguments against the ADA were rooted in fact -- requiring businesses to spend money accommodating the needs of people with disabilities is expensive -- but a quarter of a century ago, Democrats and Republicans agreed that it was a burden worth imposing on the private sector.
In contemporary politics, for purely ideological reasons, GOP lawmakers tend to think any government-imposed burden on business is offensive, if not literally unconstitutional. It's the difference between a center-right party in 1990 and a radicalized party in 2015.
Indeed, the evidence is hard to deny. Consider what happened in 2012.
This photo taken March 22, 2013, shows the exterior of the Internal Revenue Service (IRS) building in Washington.

House Republicans pretend IRS 'scandal' still exists

07/28/15 08:45AM

It's been about two years since Republicans and much of the Beltway media thought it had finally uncovered a real White House "scandal." According to the narrative, the Obama administration used the Internal Revenue Service to "target" conservatives, which represented an outrageous abuse of power.
For about a week, it looked like a serious, proper controversy, worthy of outrage. Soon after, however, the whole thing collapsed -- the tax agency scrutinized liberal, conservative, and non-ideological groups, effectively ending the story. Every allegation, including conspiracy theories about White House involvement, evaporated into nothing. For two years, GOP lawmakers looked for evidence of wrongdoing, and for two years they found no proof to bolster their apoplexy.
It came as a bit of a surprise, then, to see 21 House Republicans hold a press conference late yesterday, trying anew to breathe life into a discredited story. The Washington Post reported:
Twenty-one House Republicans on Monday called for the firing of IRS Commissioner John A. Koskinen after they said he failed to cooperate with their inquiry into the targeting of conservative groups by tax investigators.
Members of the House Oversight and Government Reform Committee made those charges in a 29-page letter to President Obama that follows two years of wrangling with IRS officials over documents and testimony related to the targeting allegations.
At the press conference, Rep. Scott DesJarlais (R-Tenn.), burdened by a few real and unfortunate scandals of his own, actually argued that the IRS controversy "surpasses Watergate." He didn't appear to be kidding.
Just so we're clear, these House Republicans still haven't uncovered any evidence of official wrongdoing, and they didn't accuse Koskinen of having any role in "targeting" anyone. Rather, the GOP lawmakers are convinced Koskinen hasn't done enough to help them find evidence to substantiate allegations that fell apart two years ago.
Or put another way, they want to fire the IRS guy who replaced the other IRS guy who was fired over a "scandal" that never really existed in the first place.
There is, of course, no reason to believe Koskinen's job is in jeopardy, which is probably why House Oversight Committee Chairman Jason Chaffetz (R-Utah) raised the prospect of holding the IRS commissioner in contempt of Congress, because, well, why not? It's been months since House Republicans held an Obama administration official in contempt of Congress, they're arguably overdue.

State faces showdown over church, state

07/28/15 08:00AM

It's been about a month since the Oklahoma Supreme Court ruled that a state-sponsored Ten Commandments monument on the Capitol grounds violates the state Constitution. As regular readers know, it wasn't a close call -- the justices ruled 7-2 that the six-foot-high, stone Christian display is at odds with the law that requires state government to be neutral on matters of religion.
The state Attorney General's office responded by filing an appeal ... to the Oklahoma Supreme Court. If that sounds odd, there's a good reason -- Oklahoma Attorney General Scott Pruitt effectively told the justices, "I know you just ruled on this, but I want you to take another look at it."
As the Oklahoman reported late yesterday, this didn't turn out well for state officials.
The Oklahoma Supreme Court has rejected a last ditch attempt by the state to keep a Ten Commandments monument next to the Oklahoma Capitol.
Monday, the court turned down a request from the state to reconsider its June 30 ruling calling for removal of the 6-foot granite statue. This sets the stage for it to be taken down within a few weeks, said Brady Henderson, legal director for ACLU Oklahoma, which filed the lawsuit.
So far, so good. Section II-5 of the Oklahoma Constitution says public funds or property can't be used to benefit or support any "sect, church, denomination, or system of religion," either directly or indirectly. There's no real wiggle room here. Republican lawmakers have threatened to impeach the justices upholding the state Constitution, but the state Supreme Court saw no reason to back down.
The tricky part is what happens next, because it's not altogether clear officials are prepared to follow the law.
Sanders, Trump defy conventional wisdom

Sanders, Trump campaigns defy conventional wisdom

07/27/15 11:03PM

Rachel Maddow note that the Beltway conventional wisdom about the campaigns of Senator Bernie Sanders and Donald Trump have both turned out to be wrong, with neither turning out to be a flash in the pan, and Trump apparently bound by no rules of gaffe. watch

Busted ship delays Shell's Arctic drilling

Busted ship delays Shell's Arctic drilling

07/27/15 09:59PM

Rachel Maddow reports on the icebreaker support ship that is part of Shell Oil's Arctic drilling operation having to return to Oregon for hull repairs, and the activists who hope to help delay the mission as long as possible. watch

War on ISIS ramps up with apocalyptic subtext

Escalating war on ISIS carries apocalyptic subtext

07/27/15 09:39PM

Rachel Maddow reports on the symbolic meaning of the patch of land that the U.S. and NATO allies plan to make into an ISIS-free zone, as NATO holds an extremely rare emergency security meeting. No word from Congress on authorizing this latest escalation. watch

Monday's Mini-Report, 7.27.15

07/27/15 05:30PM

Today's edition of quick hits:
* The mission against ISIS gets a boost: "Turkey and the United States have agreed in general terms on a plan that envisions American warplanes, Syrian insurgents and Turkish forces working together to sweep Islamic State militants from a 60-mile-long strip of northern Syria along the Turkish border, American and Turkish officials say."
* Complicating matters: "Turkish jets struck camps belonging to Kurdish militants in northern Iraq, authorities said Saturday, the first strike since a 2013 peace deal as Ankara also bombed ISIS positions in Syria."
* An important message: "The US president, Barack Obama, has launched an unprecedented defense of gay rights in Africa, telling Kenya's president that the state has no right to punish people because of 'who they love.'"
* Trouble ahead: "Congress will fall off a fiscal cliff in four days if it fails to come to a consensus on how to fund the nation's transportation infrastructure.  House Republicans are urging the Senate to take up legislation they passed three weeks ago that would extend the Highway Trust Fund for five months, while the upper chamber continues to push forward with a three-year funding fix."
* Louisiana: "The gunman who opened fire in a Louisiana movie theater should not have been allowed to legally buy the gun he used to kill two people and injure nine because of his mental history, Gov. Bobby Jindal said Sunday."
* Alaska: "The staggering 2015 Alaska wildfire season may soon be the state's worst ever, with almost 5 million acres already burned -- an area larger than Connecticut. The pace of the burn has moderated in the last week, but scientists say the fires are just the latest indicator of a climatic transformation that is remaking this state -- its forests, its coasts, its glaciers, and perhaps most of all, the frozen ground beneath -- more than any other in America."
* Boston: "Boston's bid to host the 2024 Olympics is over. The city and the U.S. Olympic Committee severed ties after a board teleconference Monday, USOC spokesman Patrick Sandusky told The Associated Press."
* Senate drama, Part I: "The Senate opened Sunday with a reading by the Senate President Pro Tem Orrin G. Hatch of the Senate's rules of decorum, in an apparent rebuke of Sen. Ted Cruz calling Majority Leader Mitch McConnell a liar on Friday. And things got more personal from there."
Republican presidential candidate, former Texas Gov. Rick Perry speaks during a campaign stop at the South Carolina Military Museum, Monday, June 8, 2015, in Columbia, S.C. (Photo by Rainier Ehrhardt/AP)

Felony counts against Rick Perry drop from two to one

07/27/15 04:17PM

It wasn't too long ago that former Texas Gov. Rick Perry (R) was indicted on two felony counts, but he couldn't quite remember what the charges against him included. In one instance, the Republican said he'd been charged with "bribery," which wasn't one of the pending accusations.
But before Perry could get straight what he's been charged with, his lawyers have apparently succeeded in knocking down one of the counts. The Texas Tribune reported:
A state appeals court on Friday threw out one of two counts in the indictment against former Gov. Rick Perry, handing his lawyers their first major breakthrough in the nearly yearlong case.
The 3rd Court of Appeals in Austin specifically found a problem with a count alleging that Perry coerced a public servant when he threatened to veto state funding for a unit of the Travis County district attorney's office. The court left intact the indictment's other count, which accuses Perry of abusing his power.
The funny part of this was Perry's lawyer, Tony Buzbee, telling reporters on Friday, "The remaining count, we believe to be a class C misdemeanor." He added that the remaining charge is similar to a "traffic violation."
I can appreciate why the GOP presidential candidate's legal team may be eager to downplay the allegations, but while Perry's lawyers "believe" the charge to be a misdemeanor, it is not, in reality, a misdemeanor -- as Rachel noted on the show on Friday, "What's pending against him is a felony charge that carries a potential sentence of 5 to 99 years in prison."
The Faith & Freedom Coalition

'I think in debates, truth matters'

07/27/15 02:01PM

At a right-wing rally last week, Sen. Ted Cruz (R-Texas) railed against the international nuclear agreement with Iran in ways that seemed extreme even by Ted Cruz standards. "If this deal goes through, without exaggeration, the Obama administration will become the world's leading state sponsor and financier of radical Islamic terrorism," the Republican presidential candidate said.
But perhaps more interesting than the senator's ridiculous rhetoric was his willingness to engage Code Pink and its co-founder, Medea Benjamin, in debate. As Roll Call reported, that may not have been the senator's best idea.
"[L]et's have some dialogue," Cruz told her. "So one of the things you said is 'if Iran is trying to get nuclear weapons.' Well the nice thing is I believe ... truth matters. You know one entity, one person with whom there is no ambiguity in terms of whether Iran wants a nuclear weapon is the Ayatollah Khamenei. Is President Rouhani. Both of whom explicitly said they are developing nuclear weapons. There is no doubt about it."
Benjamin retorted, "That is absolutely false," prompting jeers from a crowd of Iran deal opponents and a protest from Cruz that he not be interrupted.
The problem in this case is that Cruz's claim is demonstrably wrong. The Texas Republican may believe that Iranian leaders will one day violate the terms of its agreement and develop such a weapon, but in reality, neither Khamenei nor Rouhani have "explicitly said they are developing nuclear weapons."
That just hasn't happened. It's not a matter of opinion. The fact that Cruz made the false claim while stressing that the "truth matters," made this slightly more amusing, but nevertheless wrong.
When Roll Call asked the senator's office to substantiate the claim, his press secretary could not "back up the statement."
A day later, Roll Call again tried to clarify matters, but it reported that Cruz "still hasn't acknowledged he flubbed one on Iran during a debate with CodePink."
Republican presidential candidate Wisconsin Governor Scott Walker greets guests at The Family Leadership Summit at Stephens Auditorium on July 18, 2015 in Ames, Iowa. (Photo by Scott Olson/Getty)

Jobs-council controversy dogs Wisconsin's Walker

07/27/15 12:45PM

As a gubernatorial candidate in 2010, Wisconsin's Scott Walker (R) made a public vow that, in retrospect, was unfortunately specific: elect him and he'd create 250,000 jobs in his first term. It could serve, above all else, the Republican said, as a metric for his job performance.
By his own standard, Walker failed spectacularly, and Wisconsin struggled to get halfway to the governor's goal during his first four years, reinforcing suspicions that his entire approach to economic policy is simply wrong. But looking ahead, the more salient problem isn't Walker's inability to deliver on his promise, but rather, the questions surrounding the far-right governor's jobs council, created to help him try to reach his own goal.
Shortly after Walker took office, state policymakers created the Wisconsin Economic Development Corporation, or WEDC, with Walker personally chairing its board. The idea was to create an entity that could quickly and efficiently, with minimal red tape, extend grants, loans, and tax credits to the private sector, cultivating state job growth.
Obviously, the idea didn't work, though as TPM reported last week, failure is just the tip of the iceberg.
Only one year in, journalists and watchdogs began uncovering evidence of mismanagement in WEDC. After filing open records requests in 2012 to scrutinize the agency's first year of operations, the Milwaukee Journal Sentinel learned that WEDC had lost track of much of their initial $56 million loan portfolio. The agency was discovered to have understated, by about a third, the amount of money it had loaned out to companies that had fallen behind on repayments. 
And a pattern began to emerge: two loans totaling some $5 million had gone to two timber companies, Flambeau River Papers and Flambeau River Biofuels, both run by William "Butch" Johnson, a donor to Walker's campaign. [...]
Moreover, the agency's expense account turned out to be full of nuggets: WEDC had bought six season tickets to University of Wisconsin football games for the governor's office. They expensed booze for meetings with WEDC contractors, train tickets in China and meals in India for the agency director's family, and iTunes gift cards for agency staff.
When the Wisconsin Supreme Court ended the inquiry into Walker's campaign-finance scandal, the Republican presidential hopeful very likely assumed his national campaign could move forward, controversy-free. The questions surrounding the WEDC, however, are arguably even more serious -- and they're not going away.

Monday's Campaign Round-Up, 7.27.15

07/27/15 12:00PM

Today's installment of campaign-related news items from across the country.
* Hillary Clinton will unveil an ambitious new climate plan today, including a provision to increase solar installations by 700% by 2020. "Those people on the other side, they will answer any question about climate change by saying, 'I'm not a scientist,'" she said yesterday. "I'm not a scientist either -- I'm just a grandmother with two eyes and a brain."
* in the new NBC/Marist polling, Clinton leads Bernie Sanders by 29 points in Iowa, 55% to 26%, but her advantage is much smaller in New Hampshire, where she leads 47% to 34%. The gender gap is enormous: Clinton leads Sanders among Iowa men by 8 points, and among Iowa women by 47 points.
* We talked this morning about Donald Trump's lead in New Hampshire's Republican presidential primary in the new NBC poll. Note, however, that Ohio Gov. John Kasich (R) has leap-frogged to fourth place in that poll. It's a shift worth keeping an eye on.
* Trump campaigned in Iowa over the weekend, and for the first time, took aim at Wisconsin Gov. Scott Walker (R). "Wisconsin's doing terribly," Trump said. "It's in turmoil. The roads are a disaster because they don't have any money to rebuild them. They're borrowing money like crazy. They projected a $1 billion surplus, and it turns out to be a deficit of $2.2 billion. The schools are a disaster. The hospitals and education was a disaster. And he was totally in favor of Common Core!"
* As Rachel noted on the show, Rand Paul's super PAC waited until late Friday afternoon to announce it has raised just $3.1 million so far this year, with two-thirds of that total coming from just two individual donors. It's another sign of trouble for the Kentucky Republican.
* The news from Martin O'Malley's super PAC, released around the same time, was even worse: it's raised $289,000.
Sen. Joe Manchin, D-W.V., a Democratic sponsor of the Keystone XL pipeline bill, makes his plea at the Senate Energy and Natural Resources Committee markup on the controversial project, Jan. 8, 2015, on Capitol Hill. (AP Photo/J. Scott Applewhite)

Iran deal maintains Democratic backing

07/27/15 11:17AM

The Capitol Hill debate over the international nuclear agreement with Iran is effectively proceeding on two tracks. The first is substantive: is the agreement worthwhile? Is it a sound approach to foreign policy and national security? This fight is already off to a rough start, with Republican critics struggling to bring their A game.
The second, however, is based less on policy and more on arithmetic: will opponents of the diplomatic agreement have the votes to kill the deal?
We already have a basic understanding of how the process will proceed. After Congress' August recess, both the House and Senate will take up a measure to derail the international agreement. It's very likely to pass both chambers, at which point, President Obama will veto.
The question then boils down to this: will the right be able to muster bipartisan, two-thirds majorities in both the House and the Senate?
For now, it seems unlikely. Consider this exchange on CBS's "Face the Nation" yesterday between host John Dickerson and Sen. Joe Manchin (D-W.Va.).
DICKERSON: You have done a lot of firsthand reporting here. Are you going to support it?
MANCHIN: I'm looking at -- I'm leaning very strongly towards that because of the options that I have. The only other option is go to war.
Manchin is arguably the most conservative Democrat in Congress, so his perspective is often sought out as a guide of intra-party disarray. In other words, if the West Virginian is "very strongly" leaning in support of the diplomatic agreement, it's a reasonably reliable hint that the total of Democratic defections in the Senate will be modest.
Indeed, Senate Minority Whip Dick Durbin (D-Ill.), whose job it is to count Senate Dems' votes, told the Washington Post's Greg Sargent late last week that "only a few" of his Democratic colleagues have expressed serious resistance or opposition to the deal. The senator added, "The response has been positive across the board."
And what of the House? Politico had an interesting piece this morning:


About The Rachel Maddow Show

Launched in 2008, “The Rachel Maddow Show” follows the machinations of policy making in America, from local political activism to international diplomacy. Rachel Maddow looks past the distractions of political theater and stunts and focuses on the legislative proposals and policies that shape American life - as well as the people making and influencing those policies and their ultimate outcome, intended or otherwise.

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