Tag: Blanche Lincoln

Oct 12

DADT: Judge Phillips issues her injunction

Judge Virginia A Phillips, US District Court, Central District of CA,  has issued an injunction which halts enforcement of the Pentagon’s discriminatory “Don’t Ask, Don’t Tell” policy, after ruling it unconstitutional last month on Sept 9, .

http://www.huffingtonpost.com/…


http://miamiherald.typepad.com…

“This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking,” said Alexander Nicholson, Executive Director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. “While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit. If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect.”

From the injunction ruling itself: (pdf download  http://www.ServicemembersUnite…  )


(3) Orders Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have commenced under the “Don’t Ask, Don’t Tell” Act, or pursuant to 10 U.S.C. 654 or its implementing regulations, on or prior to the date of this judgement.

(4) Grants Plaintiff Log Cabin Republican’s request to apply for attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412  

(5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion for costs of suit, to the extent allowed by law.

IT IS SO ORDERED.

Virginia A Phillips

United States District Judge

dated October 12, 2010

A writeup yesterday from Law.com thinks that the Obama administration will continue to defend DADT, instead of letting the policy just die,  while waiting for  Congress to further write a new law, Sec of Defense Gates to complete his “study and survey,” and the Supreme Court to eventually issue their opinion on the appeal.

Senators Gillibrand and Udall have sent a public letter urging Attorney General Eric Holder not to appeal, saying such could hold back Congress further.


http://www.law.com/jsp/article…

Still, several signs indicate that the Obama administration plans to continue to defend Don’t Ask, Don’t Tell. When asked about the government’s next move, Justice Department spokeswoman Tracy Schmaler said in an e-mailed statement to The National Law Journal: “The Justice Department is defending the statute, as it traditionally does when acts of Congress are challenged.”

The Justice Department already has filed an opposition to a proposed permanent injunction that would bar enforcement of Don’t Ask, Don’t Tell worldwide. In it, the government said that an injunction, if granted, should be limited to members of the Log Cabin Republicans.

If Phillips grants the injunction, the government could ask the 9th Circuit for a stay pending any appeal and for a stay to be granted, said Adam Winkler, a constitutional law professor at the University of California at Los Angeles School of Law. “If she enters a permanent injunction without a stay of appeal, it will seem like a power grab,” he said of Phillips. “The 9th Circuit won’t look kindly upon it.”

As I pointed out previously, the Log Cabin Republicans are Republicans, and to limit the stay of this discriminatory law to their group, says that the US Constitution is not political party neutral,  and the Obama Administration thinks only Republicans are qualified to deserve civil rights and equal protection under the law. Another lawyer in the article pointed out there is a tendency for the judiciary to “defer” to the military.  The last time I looked, there is absolutely nothing in the Constitution which stated that military service can only be performed by members of one specific political party.   The Commander in Chief is still an elected civilian position, no party specified, at least in stated law.  Membership qualifications in a political party to obtain full benefit of the law, even military law, reeks of codified bribery.

The solution is obvious, the Attorney General of the U.S. should not appeal this ruling, to do otherwise implies Justice is for Sale, and our military forces are open to the highest bidder vying for the attention of one of 100 Senators.  This becomes an issue of national sovereignty.  Let DADT die.  Its time has passed.  

previous diaries on this:

Holder’s DOJ Attorneys Behaving Badly, File Objection on Dadt overturn

http://docudharma.com/diar…

DADT Overturned, How Hard Will Obama Admin Defend It ?

http://docudharma.com/diar…

Oct 06

Don’t Let the Russ Feingolds Go Down For the Sins of the Blanche Lincolns

In trying to get one-time Obama supporters to volunteer for the November election, I often hear this refrain: “The Democrats have sold us out. I’m tired of their spinelessness, their subservience to corporate interests. I’m staying home to teach them a lesson.”  Not everyone responds this way, but enough do to make me worry, because if these people don’t show up and work to get others to vote, it could make the difference in race after neck-and-neck race, as a similar withdrawal of Democratic volunteers and voters did in 1994. As I’ve written, we either get past our broken hearts  to help elect the best possible candidates between now and November, or cede even more power to the most destructive interests in America.  

Sep 25

Holder’s DOJ Attorneys Behaving Badly, File Objection on DADT Overturn

Two weeks ago, I asked whether or not the Obama administration’s Department of Justice under Eric Holder would seek to thwart the ruling of Judge Virginia Phillips, when she ruled on 9/9/10 that Don’t Ask Don’t Tell, the military’s antiqued discharge policy used against gay people, was unconstitutional.  The lawsuit was brought by the Log Cabin Republicans, who won the ruling on the grounds of freedom of speech, freedom of association, and the ability to petition the government for the redress of grievances-  the good, old fashioned stuff.

http://docudharma.com/diar…

Since then, the Democrats in the Senate made another one of their feeble, half hearted attempts at accomplishing something meaningful and legally correct, and of course, failed, after 3 of their alleged Dem caucus bailed on them during a cloture vote to get an amendment to get rid of DADT tucked into the latest DOD spending bill for FY 2011.

Here’s the roll call on that pathetic 56 to 43 vote.   http://www.senate.gov/legislat…

Judge Phillips said in her ruling that she intended to issue an injunction to stop enforcement of DADT,  yesterday, the Obama Administration’s Dept of Justice Filed An Objection to Overturning DADT, and even said that the Judge would be overstepping her bounds if she did it.  

http://www.talkingpointsmemo.c…

“A court should not compel the executive to implement an immediate cessation of the 17-year-old policy without regard for any effect such an abrupt change might have on the military’s operations, particularly at a time when the military is engaged in combat operations and other demanding military activities around the globe,” federal attorneys said in their objection.

Department of Justice officials declined to comment further.

White House Press Secretary Robert Gibbs tried to pretend this was not backpedaling on that fierce advocacy for equal rights that was mentioned in the 2008 campaign.  Instead he tried to blame Congress, via an email, sent to the Associated Press.   Odd that he said “this clearly shows why Congress must end this policy.”   Because Congress is thought of as the House, and the House has its act together on this and would vote for it.  It’s the Senate, and more specifically a Democratic Majority Senate that is at fault,  that has decided a man or a woman in some states  gets to have 2 and 2/3 Senators, while the rest of the country only gets 1 and 1/3 Senator, every time they insist on a 60 vote majority to decide any procedure.

One potential solution to this would be for every person in the military who this policy impacts to immediately declare themselves a member of the   Log Cabin Republicans, since Judge Phillips could limit the injunction to them and not upset Attorney General Eric Holder’s Department of Justice…..  too much during an election season.   I’m not recruiting for them, but it looks like President Obama is confused about that equal protection under the law Konstitooshunal bipartisanshipthingee again.   I would love to see the Judge smack down more doofus crap from any administration who is telling her that the military members have to belong to the Republican Party to have equal protection, wouldn’t you ?

And of course,

Back in April in CA at the Boxer fundraiser

Back in April at the White House

Last year in DC , Oct 2009

They say that this country is free, and they say that this country is equal, It is not equal if it is “some times”

Aside from the legal and moral issues, since this is the height of campaign season, and the President is running around the country doing million dollar fundraisers for some of these Senatorial candidates, let’s say what they fear the most:

Don’t Equalize, Don’t Pay to Play.

Because there is nothing more obnoxious that watching the current spectacle of the Senate Democrat’s Villain Rotation being used as an extortion tool.  

Sep 22

12 Hump Day Headlines: Hey Chi Town, are You Fired Up ? He’s Ready to Go!

Wednesday, Sept 22, 2010  Headlines, we have headlines….

1. Rahm Emanuel Could Leave White House In October.

I’ve always wanted to type this, and now I can:



Anonymous White House Aide says Anonymous White House Aide might be leaving the White House.


If he chooses to go forward with the mayoral race, Emanuel intends to be sensitive to the fact that his dual role could create the appearance of using his government office to his personal advantage, say two people familiar with internal deliberations.

__

The aide says Emanuel will not make a decision about whether or not to run this week, but was otherwise vague about when the decision would be made – or exactly when he might step down.

2.  Larry Summers, Director of National Economic Council, to Leave White House After Election

Again, the 3 anonymous Horsemen of the Impending Electionypse were quoted:


…. according to three people familiar with the matter.

His departure would leave Treasury Secretary Timothy Geithner as the only member of President Barack Obama’s original top-tier economic team. Summers, 55, and the president have discussed his future plans, according to one person.

Administration officials are weighing whether to put a prominent corporate executive in the NEC director’s job to counter criticism that the administration is anti-business, one person familiar with White House discussions said. White House aides are also eager to name a woman to serve in a high-level position, two people said. They also are concerned about finding someone with Summers’ experience and stature, one person said.

Dear White House.  

About that token genderism thing.

We are not fooled by how the present is wrapped if we’re still finding it still doesn’t fit.  

So that’s Peter Orszag, Christina Romer, Larry Summers, and perhaps Rrrrahmbo Anonymous gone.  That leaves Timmy Geithner.  Who now has to look at Elizabeth Warren.  

Jun 17

Feinstein Feeding Right Wing Myth of Unemployed Enjoying No Jobs After Senate Vote

The Democratic Party holds the majority in the Senate, but increasing forgets why it exists, as it continues to enact the disaster capitalism scenario of a major party which screws over it constituents.

Today (Wed) the Senate voted against extending expired unemployment benefits, with 11 useless Democrats voting with the Republicans to increase human misery.   Oh, and Plantation Blanche Lincoln of Arkansas, who just squeaked by in a Democratic primary because of her No Public Option health care stance ?   She couldn’t be bothered to vote at all.  http://www.senate.gov/legislat…      Senate Vote #190 motion to agree with House amend. to Senate amend.  American Workers, State, and Business Relief Act of 2010

At least people like Senator “He’s with us on everything but the war” Lieberman don’t pretend anymore.  He was a NO.  So were:

Nelson NB           cornhusker strikes again

Webb VA            

McCaskill MO

Bayh IN               lame duck still can poop on your lawn

Begich AL

Feingold WI    

Kohl  WI

Landrieu  LA    isn’t she incredible

Menendez  NJ

Nelson FL      the other Nelson. on the Gulf.

Pryor AR

Jun 11

Why the Arkansas Primary Challenge Was Worth It

It was a tough loss, 10,000 votes. Bill Halter might have even upset Blanche Lincoln in the primary run-off had his stronghold of Garland County not dropped the number of polling places from 42 to 2, or had a few thousand more of us called to get Halter voters to the polls. But despite an unnamed Obama administration official attacking attempts to defeat Lincoln by telling Politico’s Ben Smith  “Organized labor just flushed $10 million of their members’ money down the toilet on a pointless exercise,” I believe the groups who tried to unseat her made the right choice.

Jun 09

Election Results: Arkansas is Hopeless, Nevada Boots its Gov, eMeg wins her bid

I’m listening to the Primary election results on television and watching on the internet.  Here are the current leads or projected winners for some of the races nationwide.   The polls closed in CA an hour ago.   HuffPo also has a header banner up with this http://www.huffingtonpost.com/

First, the biggest suck disappointment of the evening-  Democrat Senate Plantation Blanche over Bill Halter in Arkansas ,   52 to 48%.  

Blanche Lincoln (D, “there isn’t going to be a public option” Walmart, Koch Oil, Arkansas)

Bill Halter

There’s been a lawsuit filed over the closing of polling places, but Halter has conceded.

May 29

“I don’t need sex!” (Update)

May 06

New SEIU Ad rebuts Obama on Blanche Lincoln

From The Plum Line

The SEIU is going up with an ad on black radio in Arkansas that directly contradicts President Obama’s claims about Blanche Lincoln on health care and Wall Street reform.

snip

The script features a number of ordinary Arkansans in succession:

“I’m a strong supporter of President Obama.”

“But I’m voting for Bill Halter for Senate.”

“I love President Obama. But I can’t vote for Blanche Lincoln again.”

“She voted to bail out Wall Street.”

“Senator Lincoln says she supported health reform.”

“But we all know she refused to take on the big insurance companies.”

And so on. The spot directly contradicts Obama’s recent claims that Lincoln is “leading the fight to hold Wall Street accountable” and that she “took on big insurance companies by voting to end discrimination against Arkansans with preexisting conditions.” As Chris Good notes, SEIU is one of Obama’s most powerful backers, and now the union’s support for Halter has them on opposite sides.

It is good to see labor standing up to this.  

Yesterday, Presdient Obama entered into the primary with a radio ad claiming Lincoln was a “populist” friend of the worker!  Lincoln voted to end the estate tax and for all of Bush’s tax cuts for the rich.  She helped kill the EFCA and the public option. Some populist.

The odious radio ad itself:

Help Halter: Bill Halter on Act Blue

Mar 25

Updated:And Back to the House We Go After Senate’s Pryor,Nelson,Lincoln Vote NO

David Dayen at Lake du Fire Dogs has been watching the Senate vote on the Reconciliation side car “fix” to the Health Insurance Bailout bill this morning.

http://news.firedoglake.com/20…

It passed, 56 to 43.  V.P.  Joe Biden was there, indicating that the administration didn’t quite trust the Democratic Senators to behave themselves. Senators Blanche Lincoln of Arkansas, Ben Nelson of Nebraska, and Mark Pryor of Arkansas (OPEC API IPAA, Mellon Scaife, & Koch Oil, Mutual of Omaha, & Walmart, LLC)  voted against the reconciliation bill.  

Surprise ! It has to now go back to the House again for another vote, saith the Parliamentarian      

Remember when there was talk of how the amendment process in the Senate would only need a simple 50 vote majority under the rules of reconciliation, and therefore some Senator could offer an amendment with a Public Option, and there was Sen. Bennett’s (D, CO) letter http://bennet.senate.gov/newsr…        going around with the signatures, and the People in Charge said Absolutely Not, we are taking no amendments on this because we can’t risk the Republicans delaying with their own ?  An everybody got into line?

Surprise !   They were just kidding.

http://www.huffingtonpost.com/…

How about putting it in the year 2011 Budget, Sen. Kent Conrad of North Dakota ?


“I’d be unwilling to kick up dust on some new matter before we’ve resolved this one,” he told reporters.

A status quo You Can Believe In.

They say over 25 million Americans will be left out of coverage. It’s more.   They’re wrong, there’s 300 million who were planning on the Constitution covering them, and it’s still random, depending on which state you reside in.

But only the Democratic Party could try to get away with it, having drawn such courage from watching the Republicans cheer them on as they continue to thumb their noses at the core constituency who actually voted to put them in office, and had bothered to read the quaint old thing.

_______________

update:

AHIP Already kicking sick kids to the curb

nyceve has posted this story about America’s Health Insurance Plans (AHIP, think Karen Ignagni the lobbyist) which wrote much of the bill incognito, saying that it intreprets the new law as not requiring insurers to cover all child applicants this year.  They would prefer to wait until 2014.

This bill is being “sold” as finally making insurance available for all children (except non legal residents) this year. Supposedly the Sec of HHS is going to issue a sternly worded clarification, or something.  But insurers can jack up rates in the meantime-

http://www.dailykos.com/story/…

Mar 06

And the Democratic Establishment can kiss my DFH a$$ too

Crossposted at Daily Kos

   You don’t get more Establishment than an Ex-President.


Bill Clinton Throws His Support To Blanche Lincoln

In a boost to embattled Dem Senator Blanche Lincoln – and a bit of a blow to primary challenger Bill Halter – fellow Arkansan Bill Clinton is throwing his support to the incumbent Senator, his spokesman confirms to me.

Halter’s entry into the race had kicked off a round of speculation about who Clinton would endorse, given that he hails from the state and remains very popular with Dem primary voters. If Clinton had remained neutral it would have been a big boost to Halter.

Clinton spokesman Matt McKenna tells me, however, that the former President is supporting Lincoln.

“Senator Lincoln asked President Clinton several months ago to support her reelection,” McKenna says. “He said he would, and he does.”

theplumline

    Yes, the Democratic Establishment can kiss my DFH ass.

More below the fold

Feb 03

Obama SLAMS Sen. Lincoln and centrist Dem Senators! About frikkin time

Crossposted at Daily Kos

From today’s meeting between President Obama and Senate Democrats today comes this gem . . . .

   

“If the price of certainty is essentially for us to adopt the exact same proposals that were in place for eight years leading up to the biggest economic crisis since the Great Depression — we don’t tinker with health care, let the insurance companies do what they want, we don’t put in place any insurance reforms, we don’t mess with the banks, let them keep on doing what they’re doing now because we don’t want to stir up Wall Street — the result is going to be the same,” he said. “I don’t know why we would expect a different outcome pursuing the exact same policy that got us into this fix in the first place.”

    Middle class Americans, Obama said, “are more and more vulnerable, and they have been for the last decade, treading water. And if our response ends up being, you know, because we don’t want to — we don’t want to stir things up here, we’re just going to do the same thing that was being done before, then I don’t know what differentiates us from the other guys. And I don’t know why people would say, boy, we really want to make sure that those Democrats are in Washington fighting for us.”

huffingtonpost.com



Bold text added by the diarist

   The question that inspired this response from our President and more below the fold.

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