Tag Archives: supreme-court

O’Donnell attacks then stumbles in debate

Newark, Delaware (CNN) — A feistyChristine O’Donnell attacked her Democratic opponent but also stumbled in Wednesday’s debate with Chris Coons in their election battle for Delaware’s U.S. Senate held for nearly four decades by Vice President Joe Biden.

O’Donnell, the Tea Party backed candidate who upset the mainstream Republican favorite in the primary, appeared nervous at the start but quickly went on the attack, accusing Coons of raising taxes and offering a “rubber stamp” to Obama administration policies if elected.

“My opponent wants to go to Washington and rubber-stamp the spending bills” that she said are hurting the nation and Delaware.

Later, O’Donnell said, a vote for Coons would cost the average Delawarean $10,000 “instantly” in tax hikes and energy reform costs.

Coons emphasized his experience as New Castle County executive but also attacked O’Donnell, calling some of her positions extreme and accusing her of lying about his record in campaign messaging.

Both candidates framed the election as a clear choice for voters, with Coons taking mainstream Democratic stances on economic policy, health care and other issues, while O’Donnell backed Republican positions such as tax cuts and spending cuts to balance the budget.

The most serious problem for either candidate came when O’Donnell was asked to cite any specific recent Supreme Court rulings that she opposed.

“Oh gosh, give me a specific one,” she said, and when told the question required her come up with cases, O’Donnell responded, “I’m sorry,” and promised to put the information up later on her website.

Coons quickly referred to the Citizens United ruling in January in which the court lifted some limits on corporate contributions to campaign spending.

In a pattern throughout the debate, O’Donnell made broad statements that attacked Coons on various mainstream Democratic stances, sometimes with personal references to his political record and what she called a family business.

Offered the chance to respond, Coons several times expressed exasperation, saying at one point: “A fascinating question that really makes no sense. What’s she talking about?”

The debate produced a few humorous moments, such as when Coons said O’Donnell’s well-publicized statements from a decade earlier that she dabbled in witchcraft and questioned evolution theory were distractions instead of a substantive campaign issue.

“You’re just jealous that you weren’t on ‘Saturday Night Live’,” O’Donnell said, referring to the comedy show’s satirical skit about her.

“I’m dying to see who’s going to play me,” Coons responded with a smile.

O’Donnell scored a major upset last month when she defeated Rep. Mike Castle to win Delaware’s GOP Senate nomination.

She had support from the Tea Party Express, a major endorsement from former Alaska Gov. Sarah Palin, as well as the strong anti-establishment and anti-incumbent feelings among voters this year in topping Castle, a moderate Republican who served nine terms in the House and eight years as governor before that.

Since O’Donnell’s primary victory, she has had to deal with controversial and colorful comments she made about a decade ago when she was a spokeswoman for conservative causes.

Her first campaign commercial began with O’Donnell declaring, “I am not a witch” in response to her statement years ago on the program “Politically Incorrect” that she “dabbled in witchcraft.”

She acknowledged in an interview with CNN that the resurfaced clips have forced her to reinvent herself in the final weeks of the campaign.

“I haven’t been embarrassed. And I’m not saying that I’m proud,” O’Donnell told CNN’s Jim Acosta last week. “I’ve matured in my faith. I’ve matured in my policies. Today you have a forty-something woman running for office, not a 20-year-old. So that’s a big difference.”

The debate at the University of Delaware in Newark was co-moderated by CNN’s Wolf Blitzer and by longtime Delaware news anchor Nancy Karibjanian of Delaware First Media.

Results of a CNN/Time/Opinion Research Corp. survey released Wednesday showed Coons with a 19-point lead over O’Donnell. However, O’Donnell enjoys a lead in campaign cash, which is one reason both President Barack Obama and Biden are coming to Delaware on Friday to help Coons raise money.

O’Donnell, 41, ran unsuccessfully for Senate twice before, in 2006 and 2008. Since winning the primary, she’s had to deal with controversies involving unpaid income taxes and allegations of misusing campaign donations, as well as attacks from Democrats and some Republicans, including Karl Rove, on her qualifications.

Coons, the 47-year-old executive of New Castle County, the state’s most populous county, faced no serious opposition in the Democratic primary.

While he is running his first statewide campaign, Coons is neither a political novice nor a party outsider. In 1988, Coons served as a policy researcher for the failed Senate campaign of then-Lt. Gov. S.B. Woo.

He went on to earn a degree from Yale Law School, as well as a master’s in ethics from Yale Divinity School.

The winner in November will fill out the remaining four years of Biden’s final term in the Senate. Biden stepped down from his seat after his election in November 2008 as vice president.

Former Biden aide Ted Kaufman was named as an interim replacement, and did not seek a full term.

CNN’s Tom Cohen, Paul Steinhauser, Jim Acosta, and Bonnie Kapp contributed to this report.

O’Donnell attacks then stumbles in debate

Primary votes in Louisiana, West Virginia

(CNN) — Primary voters are set to head to the polls this weekend, this time in Louisiana and West Virginia.

In Louisiana, GOP Sen. David Vitter is expected to easily overcome a primary challenge Saturday in his first appearance on the ballot since a 2007 prostitution scandal.

In West Virginia, voters are choosing the Democratic and Republican nominees for a November special election to replace the late Sen. Robert Byrd, a Democrat.

Vitter is being opposed in the Republican primary by former state Supreme Court Justice Chet Traylor and Nick Accardo. Tulane University political science professor Brian Box said after Traylor’s last-minute entry into the race, “it seemed like it could be an interesting primary.”

When he announced his challenge, Traylor said that “we wouldn’t be in this position if we had a senator who could get results.” He ran a radio ad targeting Vitter over “family values,” and cited a Vitter aide’s arrest on domestic abuse charges.

But with little money and questions raised about Traylor’s past, Box said that, in the end, Traylor’s campaign “never became anything.”

With polls showing him holding a large lead, Vitter has spent most of his time in the primary focusing on the general election, not his Republican opposition.

Vitter’s advertising “is almost entirely against [likely Democratic nominee Charlie] Melancon,” Box said. “There was nothing against Republicans.”

Melancon, the congressman from Louisiana’s 3rd District outside New Orleans, is the favorite in the Democratic Senate primary against Cary Deaton and Neeson Chauvin.

The nonpartisan Rothenberg Political Report rates the general election as “favored Republican.”

Several U.S. House primaries are also on the Louisiana ballot, including the race for candidates seeking Melancon’s seat. Republicans believe they have a chance to pick up the seat, the only one in the state currently in Democratic hands. Box said three major Republican candidates have been competing, “trying to out-tea party each other.”

Meanwhile, four Democrats are competing to challenge vulnerable GOP Rep. Joseph Cao in his New Orleans district. The race has been targeted by national Democrats as a seat considered vulnerable in November. The seat was held by Democrats until Cao was elected to replace former Rep. William Jefferson, who is serving a 13-year prison term after his conviction on corruption charges.

Cao initially voted with House Democrats on health care reform, but voted against the final version of the bill.

“Cao is in a lot of trouble,” Box said. Democrats have focused “so much on defending turf, [but] this is a chance for a pickup.”

In West Virginia, both parties will select nominees for the general election race for the seat of Byrd, who was serving his ninth term in the Senate when he died in June at age 92.

Gov. Joe Manchin is expected to win the Democratic nomination over two opponents, including 95-year-old Ken Hechler. Hechler was a four-term secretary of state and represented West Virginia in the U.S. House from 1959 to 1977.

On the GOP side, 10 candidates are competing for the nomination, including businessman John Raese, who was defeated by Byrd in 2006.

Primary votes in Louisiana, West Virginia

Prop. 8 overturned: Why Vaughn Walker ruled against gay-marriage ban

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Warren Richey,

Term limits like ‘political junk food’

(CNN) — Anti-establishment candidates are capitalizing on widespread anti-incumbent fervor and proposing term limits as a way to bring the power back to the people.

As political hopefuls try to persuade voters to send them to Congress, they’re also promising they won’t be there long.

Kentucky Republican Senate candidate Rand Paul said that if elected, he can’t see himself serving more than two terms. In Rhode Island, Democratic congressional hopeful Bill Lynch has proposed a 12-year cap in the House and Senate. And in Maryland, Republican Andy Harris has assured voters that, should he go to the U.S. House, he’ll be out of there by 2023.

It’s a message that polls well and gets applause at campaign rallies, but David King, director of Harvard’s program for Newly Elected Members of the U.S. Congress, said term limits do more harm than good.

“It’s political junk food. It tastes good but hurts the body politic in the long run,” he said.

Advocates and opponents of term limits are after the same thing: keeping the power out of the hands of lobbyists and special interests.

King says term limits do the opposite by taking the business of lawmaking away from elected representatives and giving it to professional staff and lobbyists.

Instead, the elections process needs better campaign finance laws and a more engaged electorate, he said.

“That leads to a situation in which we reward politicians or statesmen or stateswoman who have been around for a long time and are terrific, while at the same time being able to get rid of the low-quality legislators at all levels,” King said.

But Philip Blumel, president of U.S. Term Limits, points to the high re-election rates as evidence of the need for term limits.

Re-election rates have hovered around 96 percent in the House and 85 percent in the Senate over the past 10 years, according to the Center for Responsive Politics.

The average length of service for lawmakers in the current session of Congress is 5.5 terms in the House and 2.2 terms in the Senate, according to the Congressional Research Service.

“You have a situation where you have a long-standing relationship between special interests and an incumbent who can’t lose, and that is a toxic combination, and that’s most of the Congress,” Blumel said. “Term limits ensure regular, competitive elections. They permit change.”

It’s a debate as old as the Constitution that term-limit supporters hope to amend.

Alexander Hamilton spoke against limits, writing in Federalist Paper No. 72 that, “Nothing appears more plausible at first sight, nor more ill-founded upon close inspection.”

Thomas Jefferson, however, said term limitation, at least of the president, was necessary “to prevent every danger which might arise to American freedom from continuing too long in office.”

If you value rotation in office, like the founders did, we need some kind of codified term limits.
–Philip Blumel, U.S. Term Limits

After the Constitution was drafted, Jefferson said one aspect he disliked was “the abandonment in every instance of the necessity of rotation in office, and most particularly in the case of the President.”

“If you value rotation in office, like the founders did, we need some kind of codified term limits,” Blumel said.

Fifteen states have term limits for state lawmakers. Another six states have agreed to term limits in the past, but the limits were repealed by the legislature or overturned by the courts, according to the National Conference of State Legislatures.

Most of the states with term limits got them through a ballot initiative, a process that only 24 states have.

Jennie Bowser, who tracks term limits for the NCSL, said that while voters are generally supportive of term limits, some studies have shown negative effects that aren’t obvious to the average voter, such as a loss of influence in the legislature to the executive branch and a loss of policy champions who spend years building expertise in certain subjects.

“They’re sort of inside the legislature, under-the-dome kind of things that people who are close to the legislature notice … but no legislature has had to go out of business because term limits wrecked them, so it’s not stuff that is visible to voters,” she said.

The new wave of calls for term limits is reminiscent of the lead-up to the 1994 elections. Armed with a legislative agenda called the “Contract with America,” Republicans put forth a message with an emphasis on term limits.

The GOP took back control of the House and Senate for the first time in nearly 50 years, and, for the first time ever, the House voted on legislation that would limit representatives to six two-year terms and senators to two six-year terms.

The vote was 227–204 — a simple majority, but not the two-thirds required for a constitutional amendment.

At the time, 23 states had passed laws imposing term limits on their federal lawmakers, but in May of 1995, two months after the House vote, the Supreme Court ruled that doing so was unconstitutional.

“Allowing individual States to adopt their own qualifications for congressional service would be inconsistent with the Framers’ vision of a uniform National Legislature representing the people of the United States. If the qualifications set forth in the text of the Constitution are to be changed, that text must be amended,” Justice John Paul Stevens wrote.

In order to pass a constitutional amendment on term limits, the House and Senate would have to pass legislation with a two-thirds majority, and then three-fourths of the state legislatures would have to ratify it.

South Carolina Republican Sen. Jim DeMint introduced a bill to limit lawmakers to six years in the House and 12 years in the Senate.

DeMint’s bill has yet to come up for a vote, but for Blumel, the outlook is good.

… Sometimes instinct and anger take us in the wrong direction.
–David King, Harvard Kennedy School of Government

“There are periods in history where term limits are at the fore, and if the people of the country want them and demand them now, we have as good a chance as any that we ever had to have them. So it’s an exciting time,” he said.

But King says that even if the idea had the support of the president and Congress, he is confident that the American public would reject it.

“The evidence after 20 years of this in state legislatures is crystal clear: term limits empower special interests, lobbyists and long-time staffers and they work against the interests of the American people,” he said.

The reason the issue polls well, King said, is because there hasn’t been a vigorous dialogue about it.

“People are reacting by their instinct and anger, which is understandable. But sometimes instinct and anger take us in the wrong direction,” he said.

Term limits like ‘political junk food’

Could a $1.50 marijuana joint doom Prop. 19 in California?

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Patrik Jonsson,

Chicago replaces gun ordinance ruled unconstitutional

(CNN) — The Chicago, Illinois, City Council in a 45-0 vote approved a new gun ordinance Friday, four days after the U.S. Supreme Court ruled that the city’s 28-year-old strict ban on handgun ownership was unconstitutional.

Among other details, the ordinance allows only one operable firearm per household, meaning all other guns would need to have gun locks or be in locked cases. It also requires owners to have a state firearms permit, to register weapons with Chicago police and to take four hours of classroom training and one hour of firing range training.

The plan also bans assault weapons and gun shops in the city.

The June 28 Supreme Court ruling overturned the city’s previous handgun ban.

“Although the ruling wasn’t what we had hoped for, it was what we expected,” said Chicago Mayor Richard Daley. “That’s why for the last several months we’ve been preparing the reasonable and responsible ordinance to regulate handguns in the home that the council approved today. …

“Either we enact new and reasonable handgun laws in Chicago to protect our residents — as the council has done — or we do nothing and risk greater gun violence in our streets and in our homes,” he said.

A 5-4 conservative majority of justices on Monday reiterated its 2-year-old conclusion that the Constitution gives individuals equal or greater power than states on the issue of possession of certain firearms for self-protection.

“It cannot be doubted that the right to bear arms was regarded as a substantive guarantee, not a prohibition that could be ignored so long as states legislated in an evenhanded manner,” wrote Justice Samuel Alito.

The court grounded that right in the due process section of the 14th Amendment. The justices, however, said local jurisdictions still retain the flexibility to preserve some “reasonable” gun-control measures currently in place nationwide.

Chicago replaces gun ordinance ruled unconstitutional

Kagan, senators to square off again

Washington (CNN) — Questioning of Supreme Court nominee Elena Kagan will continue Wednesday after she mounted a spirited defense against her critics Tuesday.

The Senate Judiciary Committee confirmation hearing is scheduled to begin at 9 a.m. ET. By late morning the committee could go into closed session where Kagan’s FBI background check is likely to be discussed as has been the practice in past hearings.

On the second day of the hearing, which is expected to last throughout the week, Kagan expressed a judicial philosophy of impartiality and equality, saying the courts provide a “level playing field” for all and advocating for televising high court proceedings.

She was also able to use humor to disarm some tough questioners.

Kagan’s funny asides during 10 hours of questioning appeared spontaneous, and colleagues say that is her style: someone who is serious about the law but who enjoys a good laugh, often at her expense.

Sen. Arlen Specter, D-Pennsylvania, quizzed Kagan on a favorite topic of his– allowing cameras in the Supreme Court, which most justices oppose.

Video: Kagan: Politics separate from judging

Video: Kagan talks Harvard and the military

Video: Kagan talks Second Amendment

“It means I’d have to get my hair done more often, Sen. Specter,” Kagan replied.

The senator paused and appeared not to immediately get the joke. But he quickly recovered.

“Let me commend you on that last comment and I say that seriously,” he said to laughter in the room. “You have shown a real admirable sense of humor and I think that’s really important. … We are looking for somebody who could moderate the court, and a little humor would do a lot of good.”

Some Republican committee members had used their opening statements to depict Kagan as a deficient nominee because of her lack of judicial experience and the advocacy positions she has held in the Clinton and Obama administrations.

They continued that theme in their direct questioning, with the sharpest exchange occurring between Kagan and Sen. Jeff Sessions of Alabama, the ranking Republican on the committee, over Kagan’s role in limiting military recruiters at Harvard Law School because of the “don’t ask, don’t tell” policy that bars openly gay and lesbian soldiers from military service.

Sessions said Kagan, who was the law school dean, sought to treat the military as second class by denying recruiters access to the campus Office of Career Services and instead requiring them to use the veterans services office.

“We were trying to ensure that military recruiters had full and complete access to our students, but we also were trying to protect our anti-discrimination policy,” she said, explaining recruiters still had access to students through the separate office.

Pressed by Sessions, Kagan said, “I do oppose ‘don’t ask, don’t tell.’” Sessions cut her off, saying, “And you did then.”

“And I did then,” Kagan said.

Kagan added that she reveres and honors military service, but Sessions said her position is “unconnected to reality” because of her actions against recruiters.

Overall, Kagan came across as confident and assertive, gesturing with her hands as she spoke and referring easily to case law when making points. She repeatedly assured the senators that she would be an impartial judge, saying her past political work was required of her government jobs.

If confirmed as expected by the 19-member committee and then the full Senate, Kagan would be the 112th Supreme Court justice and the fourth woman to sit on the nation’s highest court.

CNN’s Bill Mears contributed to this report.

Kagan, senators to square off again

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Kagan notes label KKK and NRA as ‘bad guy’ organizations

Washington (CNN) — A conservative magazine suggests Supreme Court nominee Elena Kagan is “hostile” to gun owners, based on notes she wrote in the Clinton White House in 1996.

The notes were released last week by the William J. Clinton Presidential Library. Kagan worked in the White House Counsel’s office in 1995 and 1996. Kagan, 50, was nominated to the high court May 10 by President Obama, and her confirmation hearings begin June 28.

The disclosure coincided with the release Friday afternoon of about 80,000 more documents.

A March 1996 document is likely to stir conservative anger. In it, she labeled the Ku Klux Klan and the National Rifle Association as “bad guy” organizations.

The issue was a pending bill, the Volunteer Protection Act, which gave some volunteer workers from a range of nonprofits a measure of liability protection from lawsuits. Kagan expressed concern that certain groups might be included in a “Cumulative List” of tax-exempt groups that would be covered under the proposed law.

Kagan addressed her handwritten thoughts, based on a conversation with Clinton aide Fran Allegra, who responded that day that neither the KKK nor the NRA was on the list provided by the Internal Revenue Service. Allegra gently advised his colleague, “We probably need to be careful about suggesting ‘bad’ organizations will qualify for the provision bill as it would suggest we are allowing ‘bad’ organizations to qualify for tax-exempt status.” The measure was passed into law in 1997, but ultimately vetoed by Congress. Allegra is now a federal judge.

The National Review first reported about the notes, and asked on its website, “Is Kagan so hostile to gun rights that she would compare the top gun-rights organization in the United States with a viciously racist hate group?”

The White House issued a response Friday.

“Kagan’s notes from a conversation with DOJ Attorney Fran Allegra track an earlier memo Allegra sent to her outlining which organizations would be shielded under volunteer and nonprofit liability legislation,” said White House spokesman Ben LaBolt. “Allegra’s memo notes that neither the KKK nor the NRA would be shielded from liability under the bill, after Democrats in Congress and others raised concerns that the provision swept too broadly. It’s simply not credible to suggest that these jotted down notes represent anything but preliminary research on legal questions about what organizations would be covered under the legislation, and the organizations discussed reflect the public debate over the legislation at that time.”

The guns rights group also reacted to the Kagan notes Friday.

“How can the NRA respond to something that bizarre and outrageous?” NRA’s Director of Public Affairs Andrew Arulanandam said in an interview with CNN. “This is precisely the kind of stuff that needs to be aired out in the confirmation hearings, a complete airing out of where she stands on our issues.”

Some 160,000 pages of documents are being reviewed from Kagan’s four years in the Clinton White House, during which, in addition to being in the counsel’s office, she also served as an adviser on the Domestic Policy Council from 1997 to 1999. Papers from those stints have been released the past two Fridays, revealing a lawyer with a politically tuned, pragmatic approach to issues like abortion, gun control and tobacco regulation.

The material is a prelude to Kagan’s much-anticipated appearance before the Senate Judiciary Committee. Republicans on the panel continue to express deep concern that the weekly document releases provide little time for members to explore her work as a government lawyer, and whether they offer any clues about how she might rule as a justice on the nation’s highest court.

“We must be convinced that someone who has spent the better part of her career as a political advisor, policy advocate, and academic — rather than as a legal practitioner or a judge — can put aside her personal and political beliefs, and impartially apply the law, rather than be a rubberstamp for the Obama or any other Administration,” Senate Minority Leader Mitch McConnell, R-Kentucky, said in a floor speech Friday. “The Clinton library documents make it harder — not easier — to believe that Ms. Kagan could make that necessary transition.”

The White House has fashioned a low-key campaign to get Kagan confirmed, trying to avoid any public controversy that could derail her elevation to a lifetime job on the bench. The Clinton-era documents have been released on Friday afternoons, and Fridays generally are slow news days.

Obama officials have refused to make Kagan available for interviews since her nomination, and she has spent her days meeting privately with senators and prepping for the hearings in a small office in the White House complex.

If confirmed, Kagan would succeed retiring Justice John Paul Stevens. Before stepping down from daily involvement, she was the administration’s solicitor general, and personally argued six cases before the Supreme Court. She has no judicial experience, and conservative critics have been eagerly scanning Kagan’s record in government service and academia for signs of her possible judicial philosophy.

Kagan notes label KKK and NRA as ‘bad guy’ organizations