Scott Spiegel

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Don’t Let the Statehouse Door Hit You on the Way Out

October 27, 2010 By: Scott Spiegel Category: Elections: 2010

English Gubernatorial Elections 2010 in the Un...
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Amidst the embarras de richesses of House and Senate seat pickups Republicans anticipate this midterm election cycle, one plum reward they shouldn’t forget is their likely aggressive gains in gubernatorial contests across the country.

A record-breaking 37 states are holding governor’s races this November—the same number of seats open in the Senate, which has twice the number of positions as the country has governorships.  Republicans hold 24 out of 50 governorships but will probably have at least 30 after November 2.  RealClearPolitics identifies 9 elections as “Safe GOP” and none as “Safe Dem.”  Republicans beat Democrats in the “Likely” category (5 to 4) and the “Leans” category (7 to 5).

Rasmussen Reports notes, “No states with a Republican governor are considered likely to elect a Democrat in November.  But eight states now headed by Democrats—Iowa, Kansas, Michigan, New Mexico, Oklahoma, Tennessee, Wisconsin and Wyoming—are seen as likely GOP pickups.”

The allocation of governorships is important in and of itself, but also has implications for the U.S. House of Representatives, given the role of governors in reapportioning districts for House seats based on the 2010 Census.

GOP prospects aren’t universally rosy.  Forget loose cannon Carl Paladino, who was never going to win blue state New York; or Meg Whitman, a celebri-billionaire like Governor Schwarzenegger who doesn’t fit the profile of what voters are looking for in fickle, atypical California.  But in the rest of the country, the map of governorships is turning blood red.

Massachusetts incumbent Democrat Deval Patrick faces a shockingly close reelection race: the latest Boston Globe poll shows him ahead of Republican Charles Baker only within the statistical margin of error.  Patrick has yet to reach 50% support in the polls—typically the kiss of death for an incumbent.  And all of this is happening in the presence of a third-party candidate, Timothy Cahill, who is drawing more votes from Baker than Patrick.

The Wall Street Journal’s Kimberly Strassel reports that Republican and even Democratic candidates are pledging to emulate the modus operandi of recently elected New Jersey governor Chris Christie, who has stood up to powerful unions, slashed spending, and vetoed tax increases.

Rhode Island Democratic candidate Frank Caprio has tried to improve his chances by (1) rudely distancing himself from President Barack Obama, (2) being more conservative than former Republican/current Independent competitor Lincoln Chafee, and (3) meeting with Republican leaders in Washington over the objections of state Democratic groups.

In order to complete their gubernatorial coup d’état, the GOP will of course have to beat back the 30% of the populace who constitute the terminally, willfully, irredeemably ignorant—what Mark Levin calls the “drones.”

In the close Ohio governor’s race, voters who favor Democratic incumbent Ted Strickland demonstrated their firm grasp of the issues and fine deductive powers in a series of interviews with the Toledo Blade.  Resident Heather Elliott, who favors Strickland, babbled, “I kind of like everything that he stands for.  I think he’s going to do what we need, and I just have a good feeling about him…  A lot of the [Strickland] commercials I have seen, maybe fair or unfair, they have swayed me against him.”  Fair or unfair—it’s all the same when it comes to recruiting potential Democratic voters!  That’s in the Democratic National Committee bylaws.

In one breath, would-be voter Elliott displays: (1) vagueness about her reasons for supporting the Democrat, (2) a propensity to vote for the Democrat on the basis of emotion, and (3) an admission that the Democrat’s negative ads are unfair.  Remind me: why are we always encouraging people who have no idea what they’re doing to vote?

Fellow Ohio resident Gwen Frisby favors Strickland, despite Ohio’s miserable financial condition, because “It’s almost more that I don’t like how the Republicans are acting toward him.”  Yes, and Frisby probably supports Obama’s destructive policies because it’s almost more that she doesn’t like how the Republicans are acting toward him.

Genius independent voter Lillian Edmondson gushes that she will support Patrick in Taxachusettstan because “I think he tries hard.  He comes across as a very nice man…”  California voter Paula Bennett muses that she will favor Jerry Brown over Whitman because “I like the little guy; he didn’t have the money behind him like she did.”

Ideologically speaking, one has to wonder: are governorships a more natural fit for Republicans, and Congressional offices a more natural fit for Democrats?  In modern political times, Republicans have done relatively better capturing and retaining governorships, whereas Democrats have done better in Congress.  Is this because governors have more of what we shall call, oh, “actual responsibilities”?  Without diminishing Congress’s duties, it’s a fact that governors have to balance state budgets, can’t order the Federal Reserve to print more money while they run up infinite balance sheets, and must make tough and unpopular unilateral decisions without hiding in a crowd.

Though voter discontent this year seems focused mostly on Washington—thus Democratic Senators and Representatives’ perilous election prospects—Republican governors’ elevated chances around the country shouldn’t be surprising.  Christie and Bob McDonnell’s upset of their opponents in special elections in New Jersey and Virginia foreshadowed this pattern last November, when Obama had been in office only 10 months instead of 22.  And that was before Congress rammed through ObamaCare.

All across America it seems voters this year will be telling Democratic gubernatorial candidates to take their agenda and shove it.

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32 GOP Bills on the Wall

September 23, 2009 By: Scott Spiegel Category: Health Care

In the event that the imminent failure of Democrats’ socialized medicine bill leads them to some soul-searching—perhaps listening to what their constituents have been telling them all summer, or taking GOP advice to start from scratch—it’s worth noting that House Republicans have introduced 32 health care reform bills since the spring, all languishing in the referral stage.

Many of these lonely bills deal with just one or several aspects of health care reform, rather than offering grand, sweeping Ten-Year Plans that will change Health Care As We Know It.  Not all the bills are knockouts; a couple are downright stinkers.  But virtually all contain some good ideas, and some of them contain nothing but good ideas—which means that no Democrat will ever for a moment consider any of them.

For those desiring ammunition to counterattack the liberal slander that conservatives criticize everything on health care they hear from Democrats but have no ideas of their own, here’s a primer on the legislation prepared by our devoted GOP servants in the House:

•    Several bills are flat-out winners, including Clifford Stearns’ Health Care Tax Deduction Act, Michele Bachmann’s Health Care Freedom of Choice Act, and Rodney Alexander’s Sunset of Life Protection Act.  These laws provide for income tax deductions of health insurance premiums and prescription drugs; medical expenses; and long-term care premiums, respectively.  That’s it.  All three bills are so short they could fit on a cocktail napkin together and still have room for a list of Obama’s failed Cabinet nominations.  This is not surprising: bills covering what individuals are allowed to do for themselves require less verbiage than bills mandating what individuals are required to do for their government.

•    Marsha Blackburn’s Health Care Choices for Seniors Act and Louis Gohmert’s Patient-Controlled Healthcare Protection Act allow seniors to opt out of Medicare and receive vouchers for health savings accounts, an arrangement analogous to school vouchers (another excellent idea liberals oppose).  Edward Royce’s Flexible Health Savings Act allows individuals to carry over unused health savings account funds from year to year.

•    John Shadegg’s Health Care Choice Act eliminates restrictions on interstate governing of health insurance, the primary cause of the limited within-state competition among private insurance companies that President Obama keeps bleating about.

•    Two bills—John Gingrey’s HEALTH Act and Michael Burgess’ Medical Justice Act—enact malpractice tort reform by regulating lawsuits for health care injuries or deaths.  William Thornberry’s Medical Liability Procedural Reform Act sets up state “health care tribunals” or medical courts to adjudicate claims.

•    Several unobjectionable but minor bills extend benefits for veterans, reserve members, and their dependents.

•    A few bills would amend the State Children’s Health Insurance Program to supposedly make it more accountable; however, these bills give the costly, bloated SCHIP so much legitimacy that I’m automatically suspicious of their authors’ credibility.

•    Other bills have good intentions but will lead to more bureaucracy and regulation than they aim to prevent; for example, Thornberry’s Health Care Paperwork Reduction and Fraud Prevention Act, which proposes a “Commission on Health Care Billing Codes and Forms Simplification” to standardize billing paperwork.  No doubt the government will first need to establish a separate commission just to simplify the Commission’s name.

•    Thornberry has proposed two more bad bills (why do public officials who want to meddle in our affairs always invent so many devious ways to do it?).  One is the Partnership to Improve Seniors’ Access to Medicare Act, which subsidizes student loan repayment for doctors who accept Medicare patients; not specified in the bill is how much of our bountiful federal surplus we’ll have to dip into to cover this provision.  Another is the Patient Fairness and Indigent Care Promotion Act, which allows doctors to deduct for tax purposes any unrecouped costs from “patient bad debt”—because nothing increases accountability like providing incentives for doctors not to check beforehand whether patients can pay their bills!

Other GOP bills contain additional provisions, and many of the bills are a mixed bag; but the point is that they’re all better than HR 3200, which is putrid right down to its last period.  Considering even a few key GOP bills over the next couple of years would be a sound way to address individual components of health care reform, in a piecemeal fashion, rather than upending our economy right this minute just because Democrats insist on artificial deadlines to maximize their political gain.

In the meantime, the proper response to any liberal who claims conservatives have no ideas of their own on health care reform should be a resounding, “You lie!”

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Reconcile This

September 02, 2009 By: Scott Spiegel Category: Health Care

In anticipation of the humiliating defeat of their socialized medicine scheme, Democrats are feverishly working to get their legislation passed by cheating.

Their plan, known as “budget reconciliation,” works as follows: (1) have Senate committees expand Medicaid, cut Medicare, force individuals to buy and businesses to offer insurance, give subsidies to low-income people and tax credits to small businesses, levy new taxes, and do everything else Democrats wanted to do in their health care bill but knew would never pass; (2) lump it all into a bill; and (3) pass it with 50 votes and no filibuster.

The bill would also contain language to support enactment of a health care overhaul, but because provisions unrelated to the budget cannot legally be included, the Senate parliamentarian will likely strike these from the bill.  According to the New York Times, which favors the reconciliation swindle, it is unclear whether two key elements will be allowed in the bill: the requirement that insurance companies accept all candidates and charge the same regardless of condition, and the creation of a government health insurance exchange.

The Times eggs Democrats on to declare that these two provisions, while irrelevant to the budget, “are so intertwined with other reforms that they are [necessary] for other provisions that do affect spending or revenues.”

If that ruse doesn’t work, the Times notes, then the process could “leave the reform package riddled with holes—perhaps providing subsidies to buy insurance on exchanges that do not exist, for example.”  In this eventuality, Democrats would pass a second bill, subject to filibuster, that fills in gaps where budget-irrelevant provisions were removed.

Ignore for the moment the fact that Democrats’ chess-playing skills obviously aren’t very good: to wit, why would Republican senators support a bill to prop up the reconciliation bill, if the two bills in combination would lead to an outcome they opposed in the first place?

Ignore, too, the stipulation that the reconciliation bill may not legally cause deficits to increase, which a health care overhaul clearly would do.

There’s just the inconvenient detail that reconciliation was never designed to be used for anything remotely like what Democrats propose to use it for.

According to the U.S. House of Representatives’ Committee on Rules, the purpose of budget reconciliation is to “fine tune revenue and spending levels.”  Admittedly, in the Obama era, adding a trillion-dollar program here or there could be characterized as “fine tuning,” but I don’t think this is what the creators of reconciliation had in mind.

Democrats have offered the following compelling argument for using reconciliation to socialize health care: Republicans have used reconciliation!

Yes, Republicans have used reconciliation—for things it was supposed to be used for, such as adjusting tax rates and decreasing entitlement spending.  Claiming that reconciliation can be used for health care because Republicans have used it is like claiming that pesos can be used at Taco Bell because Mexicans have used them.

Even the New York Times admits, “The approach is risky.  Reconciliation bills are primarily intended to deal with budget items that affect the deficit, not with substantive legislation like health care reform.”  Note the sneaky, dishonest addition of “primarily.”

As Judd Gregg explained to Norah O’Donnell, who insisted Gregg was a hypocrite because he had favored reconciliation in the past, “Reconciliation is meant to adjust already existing programs.  You adjust tax rates, or you adjust already existing programs at the margin.  What’s being proposed here is, ab initio, a brand-new, major initiative which is the total rewrite of the health care system of the United States.”

President Clinton floated the idea of using reconciliation to pass health care legislation in 1993, but Senator Robert Byrd reminded him that reconciliation was meant to be used to square away budgets, not turn us into Canada.  In 2003, Congressional Republican leaders considered, then rejected, using reconciliation to pass their prescription benefits program.

In 2005, Senate Republicans introduced a provision allowing drilling for oil in the Arctic National Wildlife Refuge, an attempt that failed when the provision was removed during reconciliation.  Whether this attempt was appropriate or not, it should be pretty clear that if we’re not allowed to use reconciliation to drill in a barren wilderness that makes up less than 0.5% of Alaska in the middle of an energy crisis and a war in Iraq, then it’s not appropriate to use budget reconciliation to take over 17% of the economy.

There’s a reason budget reconciliation was introduced as a separate parliamentary process: it was to be used to make adjustments to existing programs, not introduce massive new ones.  The total amount of debate time allowed for reconciliation is only 20 hours—about twice as long as Congress had to read the 1,600-page stimulus bill before voting, but still not very long.

By the way, I don’t fault Obama for threatening to violate the spirit of bipartisanship with the reconciliation maneuver, inasmuch as (1) I don’t favor Republicans in charge having to compromise when Democrats propose screwy ideas and (2) in order to put a halt to bipartisanship, Obama would have had to actually start practicing it first.  But it’s ironic that Congressional Democrats believe they are putting aside their longstanding, magnanimous display of bipartisanship by resorting to sleazy use of a tactic called “reconciliation.”

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Democrats Demand Sartorial Handicap in Health Care Reform Debate

August 08, 2009 By: Scott Spiegel Category: Health Care

Senator Barbara Boxer recently declared that, before the current round of town hall meetings on health care reform, the last time she had seen such suspiciously well-dressed protestors was during the 2000 Florida election recount.  Well, yes—until Obama’s presidency, that’s the last time Republicans showed up en masse to get really angry about something; screaming and chanting are political tactics more naturally suited to the left.

As for the couture angle—here’s a newsflash for Boxer: Republicans have higher standards than Democrats.  A typical left-wing protest involves twenty-somethings and washed-up hippies in ratty T-shirts and shredded jeans breaking windows at a local Starbucks during the midmorning rush.

The average right-wing protest—invariably held in the evening, since attendees have jobs in the daytime—involves adults who dress as though they would like to elevate community standards, not degrade them.  Participants address their concerns directly to those in power, such as legislators, rather than assailing defenseless third parties, such as coffee franchise employees.  The fact that most conservative protestors come directly from work may explain why they wear suits and skirts, but apparently Senate Democrats believe opinions are valid only if expressed by people sporting Birkenstocks and buttons urging presidential assassinations.

When Boxer and other Congressional Democrats realized that Americans don’t view “well-dressed” as an epithet, they moved in the opposite direction: they claimed that the protestors were scruffy rabble-rousers after all.  House Leader Nancy Pelosi insisted that she had seen demonstrators “carrying swastikas and symbols like that to a town meeting on healthcare.”  Translation: One protestor had a swastika with a slash through it, and others were displaying American flags and ‘Don’t Tread on Me’ banners—you know, symbols like swastikas.

Saddling protestors with the “brownshirt” label didn’t work, so Obama’s Deputy Chief of Staff Jim Messina warned Democrats who were planning town hall meetings, “If you get hit… punch back twice as hard.”

Evidently some representatives took this message literally: at a town hall meeting in Ohio, Representative Russ Carnahan hired union organizers to deny entry to citizens who looked as though they might oppose health care reform legislation, several of whom were promptly mauled by union thugs and sent to the hospital.  Outside, black conservative Kenneth Gladney was racially slandered and physically attacked and sent to the emergency room by an unidentified opponent for handing out ‘Don’t Tread on Me’ flags.  Protestors were also roughed up at a meeting held by Florida Representatives Kathy Castor and Betty Reed.

Naturally, Democratic Senate leader Harry Reid’s response to this onslaught of leftist violence and intimidation was… to blame Republicans for not minding their manners.  Reid accused protesters of attempting to “sabotage” the process; he said, “These are nothing more than destructive efforts to interrupt a debate…  They are doing this because they don’t have any better ideas.”

Well, yes, actually, we do have one or two, which you may not have heard, because we’ve only been ranting about them for the past, oh, two decades: malpractice tort reform, Medicare reform, health savings accounts, healthcare tax credits, vouchers for private insurance, and pay for performance.  More generally, competition in the private market for health insurance, and individual autonomy regarding level and type of coverage and risk tolerance.  Other than that, we’re flush out of ideas!

In an effort to quell dissatisfaction among constituents, Democrats in Congress finally decided to listen to town hall participants’ ideas and give thoughtful responses that address their concerns.  Just kidding!  The latest tactics being employed by congressmen across the nation are: (1) showing up at town hall meetings, reciting a few talking points, claiming the crowd is too boisterous when they open their mouths, and leaving; (2) announcing meetings at the last minute in the hope that no one will attend; and (3) holding “virtual” town hall meetings.

For example, Representative Kathy Castor’s spokeswoman defended Castor’s abbreviated appearance in Florida by stating, “We said all along our role was to come and give an update on the bill in Congress…  [T]hat’s what we did.”  And that’s what websites are for.

Michigan Representative John Dingell waited to announce last Thursday’s 6pm town hall meeting until Thursday morning.  Word of mouth spread throughout the day, however, and that evening Dingell faced hundreds of constituents who were not impressed by his deceitful maneuver.

At least Castor and Dingell showed up in person; other congressmen, such as Representative Brian Baird of Washington, are planning virtual meetings with constituents.  According to The Columbian, “If you happen to be sitting near a publicly listed Clark County telephone line on the right day at the right time, your phone will ring…  [T]he exact date and time will be kept secret from the public…  [A]n automated message will ask whether you have a question…  Sitting at his own telephone at an as-yet-undisclosed location, Baird then will choose a name based on its location and the topic…  After the call is over, the recording will be posted on his Web site.”

Baird helpfully notes that this system will allow for “a much better cross-section of the public,” by which he means “a cross-section of the public that is not knowledgeable or concerned enough to attend a town hall meeting.”  Note to Baird: There’s a reason they’re called “town hall meetings,” not “prescreened anonymous secret one-way teleconference recordings.”

In the end, some congressmen have decided to simply give up on their constituents.  New York Representative Tim Bishop chose to suspend town hall meetings in his district until late August—you know, when just everyone will be around—because he concluded there was no point in facing an “unruly mob.”  Senator Claire McCaskill similarly issued a last-minute cancellation of a scheduled event due to “safety” concerns.

In the same way that Democrats denigrate protestors who adhere to a “No Shirt, No Shoes, No Service” standard, they have sunk to a new low: projecting their party’s historic propensity for mob rule and violent agitprop onto frail, elderly grandparents in bowties and cardigans.

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Everybody Gets Health Insurance! Everybody Gets Health Insurance!

July 22, 2009 By: Scott Spiegel Category: Health Care

The eagle-eyed sleuths at Investor’s Business Daily recently dug up a nefarious provision in the House’s 1,018-page health care bill that prohibits you from keeping your current private insurance if any changes are made to it.

On p. 16.

This, in a bill whose table of contents and “general definitions” run to p. 14.  So the House has written a bill whose key, most egregious proviso is hidden so poorly that the authors apparently assumed the public couldn’t be bothered to click two pages to get to it.

Evidently this was too much work for President Obama, whose response during a news conference on Monday at Children’s Hospital to a concerned caller from Maine asking if he was interpreting the stipulation correctly was, “You know, I have to say that I am not familiar with the provision you are talking about.”  What part of the bill is Obama familiar with—the cover?

But don’t worry—Obama says, “If you like your health plan, you can keep it.”  He sure doesn’t know any differently!

In Section 102—that is, the second part of the first section, two pages into the bill—ironically titled, “Protecting the Choice to Keep Current Coverage,” the bill puts the following limitation on those who wish to eschew government-approved options and keep their own coverage: “[T]he individual health insurance issuer offering such coverage [must] not enroll any individual in such coverage if the first effective date of coverage is on or after the first day of Y1.”

So it turns out that if you like your health plan, you can keep it—as long as you don’t start liking your health plan on or after the first day of Y1!

The subsequent clause, which discusses dependents, helpfully notes that if you’re sick of your current individual plan and want to switch to a different plan, you still can’t—but the government will be nice enough to let you enroll new dependents under that plan you hate!

Following this is a clause that graciously requires that after five years, “an employment-based health plan in operation as of the day before the first day of Y1 must meet the same requirements as apply to a qualified health benefits plan.”

So we’ve unearthed yet another loophole in the first 1% of the bill: if you like the health plan you have, and you happen to get it from your employer, which includes 62% of the population under 65, you can keep it—except that after five years, you can’t!

But don’t expect Obama to be familiar with that provision, either—after all, it’s buried deep into the third page of text in the bill.

After you burrow your way through the labyrinthine textual warrens of pages 17-19, you’ll learn that “qualified” plans may not exclude anyone on the basis of preexisting condition.  On p. 21, the bill mandates that premiums may not vary at all, except by age, state, and family size; and that the highest-to-lowest premium ratio by age group may not be more than 2-to-1.

According to these conditions, a 40-year-old who has chosen to smoke two packs of cigarettes a day his whole life and has contracted lung cancer could end up being charged as little as half the rate of a perfectly healthy non-smoking 60-year-old, just because the 60-year-old is older and has chosen not to smoke.  “Health Choices Act” indeed!

Several years ago, when it was revealed that audience members in Oprah Winfrey’s infamous Great Car Giveaway would have to fork over $7,000 each in taxes, the winners at least had the option to sell the car to pay the taxes and keep the difference—or forfeit the car altogether.

H.R. 3200 isn’t so generous—according to the bill, those who are not in a health plan the government finds acceptable will be fined the full cost of the average plan for their family size.  In other words, you can’t refuse to pay for government-approved health insurance for you and your family, whether you even want or receive it or not.

Rasmussen recently reported that Democrats’ perceived trust advantage over Republicans in the area of health care plummeted from 18 percentage points in May to 4 points in June.  No wonder Obama is racing to get this legislation through Congress before they go to August recess: at the current rate, Republicans will be leading on health care by 38 points come September.

In his speech at Children’s Hospital, Obama intoned, “There are some in this town who are content to perpetuate the status quo, are in fact fighting reform on behalf of powerful special interests.”

There are some around this country who are fighting “reform” on behalf of liberty.

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The Democrats’ Confidence Game

June 14, 2009 By: Scott Spiegel Category: Obama

In a survey conducted in early June, Rasmussen found that Americans trust Republicans more than Democrats on six out of eleven top issues.

It’s no surprise that Republicans lead on national security: after 9/11, when Bush implemented policies to fight terrorism, Republicans’ trust ratings skyrocketed, because Americans saw the problem at hand and liked the way Republicans were dealing with it.  Years later, Obama and other Democratic presidential candidates boasted how much more effective they would be on national security—a fraud they were able to perpetrate because Bush had kept us safe since 9/11 and the threat of attack seemed remote.  Even if Americans actually came to believe that the way to defeat terrorists is to love them, Obama soon co-opted Bush’s entire war policy, thus validating Republicans’ arguments for the past eight years.

So we know national security isn’t Democrats’ strong suit.  Perhaps to distract from their unpopular war agenda, Obama and the newly engorged Democratic Congressional majorities started talking about “a new era of transparency.”  After 384 Obama appointees turned out to be tax cheats, liars, campaign underwriters, and lobbyists, Republicans now lead on government ethics, the second-most important issue to voters.

When ethics didn’t prove to be Democrats’ trump card, Obama started traveling around the country handing out stimulus goodies and talking about projects and jobs funded by the Recovery Act.  Then ABC’s Jake Tapper started uncovering all of Obama’s lies about the nonexistent effects of stimulus spending, and economists deconstructed the lunacy of his “saved or created” jobs argument.  Now a plurality of Americans wants the unspent portion of the stimulus recalled.

In a desperate gambit, Obama took over GM and strong-armed Chrysler’s secured creditors into lousy bankruptcy terms.  The Fed spent $1.2 trillion to lower mortgage rates, which increased, and pledged so much spending that long-term interest rates are spiking.

So now—surprise!—the public trusts Republicans more on the economy, the top-rated issue.  As Rasmussen reports, “Voters not affiliated with either party now trust the GOP more to handle economic issues by a two-to-one margin.”  So the economy doesn’t seem to be Democrats’ ace in the hole, either.

In a sleight of hand, Obama then renewed his push for climate change legislation and health care reform—gargantuan spending boondoggles that would somehow miraculously save our economy, too!  Then Democrats rolled out their plans, and businesses that would actually be affected by the legislation ran screaming.

In Rasmussen’s report, Democrats get their “highest” rating for health care (47%)—but this was measured before we heard actual health care proposals from Democrats, before the AMA and the Chamber of Commerce condemned Democrats’ government-sponsored plan.  Democrats’ lead on the issue has shrunk 8 points just since last month.

The other issues where Democrats do “well” are Social Security (43%), education (44%), and abortion (41%)—all issues no one is making major legislative proposals about right now.

Democrats’ confidence ratings are like a shell game: whichever issues the nation is dealing with are correctly seen by Americans as more capably handled by Republicans, but Democrats are assumed to be wonderful—just wonderful!—on all the other concerns we don’t happen to be tackling at the moment.  As soon as Democrats get their hands on something and we see what they actually want to do to us, trust in their ability plummets, and they move on to another, more pressing priority.

The further the nation is from the reality of an issue, the more likely Democrats are to be trusted; the closer it gets to that reality, the more likely Republicans are to be trusted.

“Ending the war in Iraq” sounds reasonable—until you read the fine print and realize Democrats don’t care whether we win first.  “Renewing relations with the Muslim world” sounds kindhearted—until the president makes nominal demands to Muslim leaders and they start blowing things up again.

“Introducing ethical standards” sounds noble—until Obama nominates actual human beings to fill posts and we get a whiff of their backgrounds.  “Being the first post-racial president” sounds refreshing—until Obama nominates for the Supreme Court a former Puerto Rican separatist who thinks “inherent physiological differences” force judges to decide the way they do.

“Stimulating the economy” sounds invigorating—until it is translated into a 1,588-page doorstop that no one has time to read.  “Moving quickly to prevent an economic crisis” sounds prescient—until you find out that four months later only 5% of stimulus money has been spent and the administration is lying about funded projects.

“Cutting taxes on 95% of Americans” sounds generous—until you realize the things Obama wants can’t be paid for without raising taxes on current or future generations.  “Saved or created 150,000 jobs” sounds impressive—until the administration admits this figure is based on theory and not facts.

“Saving the planet” sounds conscientious—until you find out that it involves so many devious machinations and new ways to burden Americans that the Senate had to hire a speed-reader to recite the bill.  “Health care reform” sounds bighearted—until you hear that it will cost $1 trillion and that Democrats want a 25% national sales tax to pay for it.

You can usually tell when public figures accused of crimes are guilty—their supporters invariably take several steps back and make broad, abstract statements: “She’s an excellent teacher whom no one has ever spoken ill of!”  (But did she commit statutory rape with a student or not?)  “He has always worked to promote racial justice in his borough!”  (But did he accept kickbacks for minority contracts or not?)  “He has a lovely wife starring in ‘I’m A Celebrity… Get Me Out Of Here!’”  (But—oh, never mind.)

Similarly, for strategic reasons Democrats like to keep things intangible, “big-picture,” “forward-looking,” “high-minded”—not concrete, detailed, present-looking, practical.

Every time one of their shells is revealed to contain nothing underneath, Democrats lose the public’s trust on that issue, but the trust always seems to pop up again elsewhere.  Instead of playing Whac-a-Mole with Democrats’ confidence ratings, Republicans should reveal their entire game as the swindle it is.

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Party of Warmongers Waves White Lace Hankie

May 31, 2009 By: Scott Spiegel Category: Supreme Court

How did the Republican Party’s approach to dealing with objectionable Supreme Court nominees come to resemble the Democrats’ strategy for the war on terror: scorn anyone who says anything critical of the opposition and settle for second-class citizen status, dhimmitude-style?  Are Republicans trying to balance Obama’s cooption of Bush’s war policy to restore some kind of harmony in the universe?

Over the past week, we’ve been treated by Republicans to a range of subtle and nuanced political stratagems for dealing with the nomination of Sonia Sotomayor, including: shut your mouth, don’t speak, zip your lip, don’t make waves, and while you’re at it, don’t say anything.  This, from the party of “hawks” who bravely fought and won the Civil War, the Cold War, and the Battle of Chad.

Let’s examine the reasons offered by Republican turncoats why we should not tender a whisper against the Sotomayor nomination:

It’s mean-spirited. Well, Democrats successfully mobilized before Reagan’s fourth Supreme Court nomination, Robert Bork, savagely vowing to form a “phalanx of opposition” against anyone at all Reagan deigned to choose.  Democrats tried to destroy George W. Bush appointees John Roberts and Samuel Alito but failed only because they lacked the votes (at least they managed to invade Roberts’ family’s privacy and make Samuel Alito’s wife cry!).  The Republicans have not opposed a Supreme Court nominee by a Democratic president since 1968.  I think that at least qualifies as “sporting.”

It’s immature. In the Wall Street Journal, Peggy Noonan scolds Republicans for not “play[ing] grown-up” and calls those who want to fight against Sotomayor’s nomination “idiots” who refuse to “think” or “dress the part.”  Let’s see: Five members of the Supreme Court have the power to make sweeping, life-or-death decisions that affect hundreds of millions of Americans and countless future generations.  I think raising forceful objections to Sotomayor’s judicial philosophy and temperament comes down more on the adult side than “She has cooties!”

The Republicans will lose independent voters. Republicans have most often converted independent voters and won elections when they have stuck to the party’s principles rather than offering a watered-down version of the Democratic party line, as in November 2008.  So remind me: How will consistently standing up and making a compelling case for their views cause Republicans to lose voters who are looking for a party that can offer consistent, compelling views?

The Republicans will lose political capital. Obama’s political goodwill toward Republicans began and ended with inviting John McCain to the White House for bean dip on Super Bowl night.  Congressional Democrats’ political goodwill toward Republicans has yet to materialize, and never will until Republicans regain both houses and Democrats are on the defensive again.

Sotomayor is not that liberal. Just as Obama is the most leftist president we’ve ever had, Sotomayor would be the most leftist justice on the current Court, even more of a liberal activist than Ginsburg, Breyer, and Stevens, who seem like Daughters of the American Revolution in comparison.

Sotomayor won’t change the balance of power on the Court. Both Souter and Sotomayor are liberal on social issues, but they are not both liberal on economic issues.  Souter is no Steve Forbes, but Sotomayor’s ruling in the shocking Port Chester “eminent domain” private property grab places her ideologically to the left of Marx.

Republicans will lose the Hispanic vote. Putting aside the condescending “voting bloc” mentality this ascribes to Latinos, it should be noted that Democrats weren’t worried about losing Hispanic votes when they opposed Bush’s nomination of Miguel Estrada to the D.C. Court of Appeals in 2002—indeed, they had enough stomach for the fight to wage seven filibusters against bringing him to a vote.  If Republicans are concerned about losing Hispanic votes, I suggest they offer the thoroughly vetted Estrada as their preferred nominee.

Sotomayor has an impressive resume. Newsflash: So do a lot of people!  I would wager that the number of potential nominees who went to top-tier undergraduate and law schools and managed to get a few employers and coworkers to say nice things about them numbers—oh, at least two or three.  Also, Sotomayor’s supporters defend against the charge that a majority of her appeals court decisions were overruled by the Supreme Court by stating that such cases are difficult—yet we are now expected to support her addition to the same team of justices who are capable of correcting the types of rulings she screwed up.  Finally, as Andrew McCarthy points out, Sotomayor’s ravings about the superior decision-making ability of certain races and genders doesn’t even quality her to be on a jury, let alone the Supreme Court.

Her confirmation is inevitable. The Supreme Court will be ruling on the Ricci v. Destefano firefighter discrimination case in June, weeks before Sotomayor’s confirmation hearings.  It is expected that the Court will overturn the decision Sotomayor supported, thus further energizing opponents of legalized racism (i.e., “Americans”).  Republicans should also remind the nation that Obama hasn’t demonstrated the most thorough vetting acumen in his first few months in office, having nominated a “phalanx” (if you will) of tax cheats and ethically challenged miscreants to Cabinet and other posts.

How about this strategy for dealing with the current nominee?  I say that even if Sotomayor’s resume is as long as the phonebook; even if someone makes a persuasive case that she’s not the most liberal justice in the world; even if Republicans are accused of being mean-spirited and immature; even if we lose a few wishy-washy independents, have a few Hispanics look at us askance, and ruffle a few Democratic feathers; and even if it’s not 100% certain that her confirmation can be stopped; the Republican party should fight this nominee kicking and screaming, hammering home the message about her record until her supporters get tired of brushing it under the rug, until we’ve made our point to the American public.

And they say the Republican Party doesn’t have any fighting spirit left.

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The Real Pro-Gay Party

May 17, 2009 By: Scott Spiegel Category: Gay Rights

Two ineluctable facts stand out when scrutinizing politicians’ actions on gay issues over the past 30 years: (1) Republicans are not anti-gay and (2) Democrats are not pro-gay. By 2009, there are few differences between Republican and Democratic politicians on gay issues, except that Democrats are more likely to jerk gay voters around and Republicans are more likely to quietly favor pro-liberty stances. There may have been a difference between the two parties once, but that hasn’t been the case for a long time.

In 1978, California governor Ronald Reagan opposed the Briggs Initiative, which would have barred gays from teaching in public schools. In an op-ed penned as he was beginning his presidential campaign, Reagan wrote, “Prevailing scientific opinion is that an individual’s sexuality is determined at a very early age and that a child’s teachers do not really influence this.” This, in the late 70s, while Jimmy Carter was publicly refusing to meet with gay groups. The initiative was overwhelmingly defeated, mostly due to Reagan’s efforts, and this momentum was instrumental in forming the Log Cabin Republicans.

Reagan was the first president to invite two openly gay men—interior decorator Ted Graber and his partner—to spend the night at the White House. Washington Post reporter Robert Kaiser called Reagan a “closet tolerant.” If Reagan was closeted, it was because no one asked him his views, not because he was hiding anything.

The number of gays discharged from the military dropped every year under Reagan. In contrast, the number of gays discharged increased every full year under Bill Clinton except one, doubling from 617 in 1994 to 1,231 in 2000. The number of gays discharged decreased again every full year under George W. Bush except one, halved from 1,273 in 2001 to 612 in 2006. Gay rights groups report the number of gays discharged over decades, but they never break it down by administration, because the numbers make Democrats look bad and Republicans look good.

More recently, Obama claimed he would repeal the ban on gays in the military—and has spent precisely zero time working to fulfill this promise. He refused to issue an executive order staying the investigation of gays until the law is changed, and is content destroying through inaction the military careers of servicemen like Arabic translator Dan Choi.

Our Gay Marriage Opponent-in-Chief kicked off his inauguration with an invocation by Rick Warren, robust financial sponsor of the anti-gay marriage Proposition 8. Happy days are here again!

Independent Gay Forum reports that around the 100-day mark of Obama’s presidency, WhiteHouse.gov removed discussion of almost all gay issues from its Civil Rights page including mention of repealing Don’t Ask Don’t Tell, cut its number of “promises” to gays from eight to three, and slashed discussion of gay issues from half a page to a few sentences. After bloggers objected, some material returned but not the promise to repeal the Defense of Marriage Act or a quote about gay civil rights. “Change we can believe in” apparently means “we can be confident that campaign promises to gays will get scrubbed from Obama’s website on a regular basis.”

In Washington D.C., former Democratic mayor Marion Barry recently woke up from a nap to realize he had accidentally voted with a unanimous City Council to recognize same-sex marriages performed elsewhere, and subsequently asked the council for a do-over so he could take back his vote.

Meanwhile, gay-friendly candidates and policies are making inroads even in the religious wing of the Republican Party. In the 2008 presidential primaries, televangelist Pat Robertson endorsed Rudy Guiliani, the most pro-gay major Republican candidate, a man who shacked up with a gay male couple after his divorce and promised them if New York ever legalized gay marriage he would preside over their ceremony.

Focus on the Family, James Dobson’s group, recently expressed their openness to a gay Obama Supreme Court nominee: “The issue is not their sexual orientation. It’s whether they are a good judge or not.” Sexual orientation “should never come up. It’s not even pertinent to the equation.”

If, in 2009, gays want to support the Democratic Party because they happen to agree with every one of their non-gay-related positions, fine. It’s a bit suspicious that so many gays tout the full Democratic Party line, from global warming to Guantanamo Bay. But if they’re voting for Democrats because of their superior stance on gay issues, they’re not getting much out of the bargain.

How about these “pro-gay” positions? Republicans are more aggressive than Democrats in the war against Islamic extremists, who are extraordinarily harsh in their condemnation and punishment of gays.

Republicans are tougher on law enforcement than Democrats—a boon for gays, who are more likely to suffer bias crimes. Republicans are more likely to support gun rights, as in the recent D.C. gun law Supreme Court case, which included as plaintiff a gay man who wanted to protect himself against anti-gay violence.

Republicans favor lower taxes than Democrats, and gays have more disposable income than heterosexuals.

Why is the Republican Party the real pro-gay party? The fact that Republican politicians aren’t anti-gay and Democratic politicians aren’t pro-gay helps. The fact that Republican positions make more sense than Democratic positions on some gay issues (e.g., opposing “hate crimes” laws for preferred minority groups-of-the-moment) also helps. But the main reason is that the Republican Party is more inclined to protect individual liberties, inarguably in economic realms, and even in some social realms (e.g., smoking and nutrition-related). They’re more likely to support tough law enforcement that allows liberties to be protected. And they’re more likely to support national defense, which allows us to maintain a country that protects liberties in the first place.

If the Republican Party is better for this country, and the party that is better for this country is better for all of us, then the Republican Party is the real pro-gay party.

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