Wendy Davis: The Rise of A New Texas Star

Texas State Senator Wendy Davis

It’s nighttime in Austin. Republicans control every statewide office and most local offices across the great state of Texas, a vast majority of the state’s seats to the United States House of Representatives, and majorities in both the Texas Senate and the Texas House. A new bill threatening to make it nearly impossible to get an abortion within the state is about to pass along nearly partisan lines despite the United States Supreme Court decisions in Roe v. Wade and Planned Parenthood v. Casey that affirm a woman’s right to decide what to do with her body. Stopping this law, which is strongly supported by the longest serving governor in Texas history, Rick Perry, seems impossible.

In steps Wendy Davis, a Texas Senator. A Democrat from Fort Worth, Texas, Ms. Davis has become an overnight national star on the left after she spent 11 hours filibustering the bill in a display not often seen in today’s political environment. She had prepared for the event, and had planned to spend 13 hours filibustering, but was cut short by Republican Lieutenant Governor David Dewhurst who ended it through a procedural maneuver in order to vote on the bill. While the bill passed 19 to 10, the vote did not count because it occurred after midnight, the end of the legislative session. Mr. Perry has vowed to bring the bill back in a special session and will probably pass it. This is nevertheless a victory, however fleeting, that has raised the moral of the center-left in Texas.

Rand Paul: DOMA Decision Opens Door To Non-Human Spouses

Senator Rand Paul (R-KY)
2011 to the Present

I’m writing a longer post on the United States Supreme Court‘s (“the Court”) decision in United States v. Windsor, 570 U.S. __ (2013), the landmark civil rights decision that today struck down Section 3 of the Defense of Marriage Act (“DOMA”) that prohibited the Federal government from recognizing gay marriages. I wanted to write, however, to highlight a comment I did not expect. The longer analysis of the Court’s opinion, the first in a four part series analyzing the Court’s decisions this week on minority rights, will be out later this week.

While I am not in the least surprised by organizations like the American Family Association saying that Federal recognition of gay marriage leads to bestiality, pedophilia, and polygamy, I was somewhat taken aback by Senator Rand Paul‘s (R-KY) comments. The supposedly libertarian member from Kentucky, when asked by Politico if the decision opened the door to polygamy, went a step further and said “it is difficult because if we have no laws on this [marriage], people take it one extension further. ‘Does it have to be human?’” and followed up by stating that we can’t just say “‘oh, we’re punting on it and marriage can be anything.’”

Senator Markey: At Least Until 2014

Senator-Elect Ed Markey (D-MA)

At 9:22 pm on the East Coast, the AP and Politico projected a win in the Massachusetts special election to the U.S. Senate for Representative Ed Markey, the Democratic candidate.  The Boston Globe followed soon thereafter.  At 9:32, Gabriel Gomez, the Republican candidate, called Mr. Markey to concede the race and gave a halting and uninspiring concession speech.  Mr. Markey’s victory speech at 10:16 pm from the Park Plaza Hotel in Boston was much more traditional and had a luster that Mr. Gomez’s lacked.  While early in the night Mr. Gomez held an advantage as the votes came in, as soon as precincts in Suffolk County started reporting, the tide turned to Mr. Markey, as expected.  The almost-final numbers, at 10:17 pm are 54.9% to 44.7%, a total of 637,822 votes to 518,566 votes, with 98.9% of the precincts reporting.

Listening to WBZ 1030 Boston tonight has been a fascinating experience.  The callers, short interviews with Democratic and Republican strategists, and the insight into the pseudo-scandal Mr. Gomez had has been quite interesting.  The Republican candidate wrote Governor Deval Patrick (D-MA) after former Senator John Kerry (D-MA), now Secretary of State, resigned.  He asked to be appointed to the vacant seat, promising to support President Barack Obama‘s agenda and to not run in the special election.  Mr. Patrick ultimately appointed his chief of staff, William “Mo” Cowan to the seat, but that letter put off a lot of Republican voters who strongly supported former Senator Scott Brown (R-MA) in 2010.  The best part of the night on the radio was when a guy calling himself Charlie called in late in the night, but was identified by the host as someone who’d referred to himself as Tommy earlier.  It was rather hilarious.

Massachusetts: It’ll Be Markey

Gabriel Gomez (L) and Ed Markey Debating

The special election in Massachusetts to replace now-Secretary of State John Kerry is finally upon us. Voters will finish going to the polls in less than an hour. Public non-partisan polling has Representative Ed Markey, the Democratic candidate, up by double digits as the candidate slams his Republican opponent, Gabriel Gomez, over his lack of support for tougher gun laws. So why does the Democratic Senatorial Campaign Committee keep insisting it’s “close” and that Republicans may “steal” the seat? Besides getting more donations (which they will need for 2014, but really not now), there’s no reason. I have no doubt that it’ll be Senator Markey in less than 24 hours.

As Politico pointed out recently, Mr. Gomez is no Scott Brown.  No non-partisan polls have shown Mr. Gomez leading the entire campaign, while in 2010 Mr. Brown closed the polling gap and led in the final days.  There is also no surprise factor.  In 2010, Mr. Brown had an advantage because no one expected him to win.  This time, no one is taking chances with big Democratic names stumping for Mr. Markey, and liberal groups spending heavily (for a Blue state) in Massachusetts.  On that note, Democrats have also outspent Republicans 3-to-1. While more money doesn’t always mean a win, in a state that already is Blue that money imbalance should make a bigger difference. In comparison, Mr. Brown greatly out-raised and outspent his Democratic opponent, state Attorney General Martha Coakley, in 2010.  Outside Republican groups were mostly absent from the race, giving Mr. Markey a further advantage.

Dingell: “This is quite a machine!”

As I posted earlier this month, Representative John Dingell, Jr. recently became the longest serving member of Congress in the history of the United States.  He was interviewed by Stephen Colbert, among others, and had a really good week.  This was followed up recently by Mr. Dingell getting to try the new Google Glass (which I don’t pass judgment on one way or another).  A young Google representative (who also happens to be the boyfriend of a law school friend of mine) went to his office, and helped him locate a Chinese restaurant on Capitol Hill and then get the driving route for it–all of 0.8 miles.  Upon locating it he cried out “this is quite a machine!”  You can find the video of Mr. Dingell using Google Glass here.

Mr. Dingell, a Democrat, represents Michigan’s 12th congressional district.  He has been a member of the House since December 13, 1955.

The Blog’s Cover Photo: La Posta Vecchia

La Posta Vecchia Hotel

I thought I’d write a little something about the blog’s cover photo.  I took it myself last June at a hotel outside Rome, Italy, called La Posta Vecchia, right on the Mediterranean Sea.  It’s a little bit modified by Instagram, but it conveys exactly what the place is like.  It’s absolutely lovely.

Here’s another photo (that I didn’t take) of the seaside of the same place.  Check out their website for more photos!

The Massachusetts Special: Is It Really Close?

Gabriel Gomez (L) and Ed Markey Debating

If you get any emails from the national Democratic Party, from the Democratic Senatorial Campaign Committee (“DSCC”), or any number of other Democratically affiliated groups, you’ve probably been hearing that the special election to fill former Senator and current Secretary of State John Kerry‘s seat is close.  Some Republican polls have the GOP candidate, Gabriel Gomez, trailing Representative Ed Markey (D) by only 3, 5, or 7 points.  Some are within the margin of error.  In a deeply Blue state, 3 to 7 points doesn’t seem like a lot.  The DSCC in particular has been pounding the point home as it requests donations.  Backing up the idea that there could be a Democratic loss is the specter of former Senator Scott Brown‘s 2010 special election victory.  In 2010, no Democrat thought a Republican could win Ted Kennedy’s seat so no one invested in the race.  The Democratic candidate, Attorney General Martha Coakley, ran what nearly everyone describes as a terribly incompetent campaign.  While Mr. Brown lost the seat in 2012 to now-Senator Elizabeth Warren (D), the nearly three years he held it made some Democratic efforts in the Senate difficult.  In short, Democrats have been concerned about Mr. Gomez’s chances this time, and not taking anything for granted.

This is generally a good thing for Democrats.  First, a seat should never be taken for granted.  Second, Democrats are already down a seat in the Senate.  Instead of the 55 seat majority they held after the 2012 election, they now only control 54 seats after the death of Senator Frank Lautenberg (D-NJ), and Governor Chris Christie‘s (R-NJ) appointment of now-Senator Jeff Chiesa (R) to the seat.  With five days until the election, the question then isn’t whether Democrats should take this seriously, but how seriously.  There are a couple things to consider.

John Dingell: 80 Years in Washington

While I am working on a number of other political and legal posts, I wanted to leave y’all this week with just a small spark of levity.  I also want to honor a fine public servant, a fellow Midwesterner who represents much of the inter-party congeniality that we have lost in Congress over the past few decades.

John Dingell, Jr.
Member of the U.S. House from Michigan (1955-present)

Congressman John Dingell, Jr. (D) represents the 12th congressional district of Michigan.  Originally elected in 1955, he has served over 57 years in the United States House of Representatives, and yesterday became the longest serving member of Congress ever.  He replaced his father, John D. Dingell, Sr., who had represented Michigan in Congress from 1933 until his death in 1955.  The younger Mr. Dingell arrived with his father in Washington at the age of 6, and has now been affiliated with our nation’s capital and with government for 80 years.

As the longest serving member currently in the House he is the Dean of the House, a title he’s held since January of 1995.  While the position bears no power and is an honorary title, the only role the Dean has is to swear in each Speaker of the House.  Interestingly enough, the Dean of the House has been a Democrat since 1933.

For a nice, funny tribute to the congressman, see Stephen Colbert’s interview with him from June 3.

Christie’s Move: Play It Safe

In a post last night I spoke about Governor Chris Christie’s (R-NJ) dilemma in deciding who to appoint to the U.S. Senate seat vacated recently by the death of Senator Frank Lautenberg (D-NJ).  That decision has come quicker than anticipated, and has surprised the entire political community.

Jeff Chiesa
New Jersey Attorney General (2012-2013) and
Senator (taking office June 10, 2013)

The man whom Governor Christie picked was, as Politico said earlier today, the best kept secret in politics this week.  His name hadn’t even surfaced as a possible contender.  Few people know any of his political positions on issues, and he has indicated that he probably does not plan on running for the seat in October.  The man himself is somewhat of a mystery.  What is not obfuscated, however, are Mr. Christie’s priorities: by picking New Jersey Attorney General Jeff Chiesa (R) for the post he is playing it quite safe for his reelection this November, and may not have national political ambitions in 2016.  Mr. Chiesa’s pick should neither hurt not help Mr. Christie’s chances at reelection this November–but with the governor leading his opponent, state Senator Barbara Buono (D) by 30 to 34 points in the four most recent polls, a neutral pick is all he needed.

Replacing Lautenberg: Christie’s Balancing Act

Senator Frank Lautenberg (D-NJ)
(1982-2001, 2003-2012)

Senator Frank Lautenberg (D-NJ) (1982-2001, 2003-2013), a longtime dedicated public servant, died on June 3, 2013, at the age of 89.  As the last World War II veteran to serve in the Senate, his death is the end of an era.  Many have eulogized him in recent days, including another prominent New Jersey politician, Governor Chris Christie (R).  To say that Governor Christie and Senator Lautenberg did not get along would be an understatement.  They disagreed on a host of issues, and often “had words”, according to the governor.  I can only say that many states would be lucky to have a senator like Frank Lautenberg.

Politically, however, the issue becomes appointing and then electing Senator Lautenberg’s successors.  New Jersey law on a U.S. Senate vacancy is muddled, but it boils down to the governor being able to appoint a replacement who can serve through the remainder of the term (which in this case would be January 2015), or until a replacement is elected in a special election.  A special election can only be called by the governor if he or she deems it necessary.  And as Governor Christie said multiple times, he has “deemed it necessary” and called for an August 13 primary and October 16 general.  In his 22 minute press conference announcing the decision (available on Politico and elsewhere), Governor Christie said repeatedly that he believed it was essential to have an elected representative in Washington.  When confronted with the price tag of the election, estimated at almost $24 million USD, he said that you couldn’t put a price on it.  The governor also said he would appoint an individual to serve in the seat until October 16, regardless of whether that person wants to run for the seat or not.  Whoever wins the special election would serve out the remainder of Senator Lautenberg’s term, and would have to run again in 2014 for a full term ending in 2020.