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In Texas, vote-counters routinely count a dimpled chad as a vote
for the candidate because it clearly establishes the voter's intent.

Three weeks ago, that sentence would have been gibberish, a sure sign
that the writer had lost his mind. But I offer it today as the key point
in the debate about who should be President and as proof positive that
the Bush camp is being, to put it politely, disingenuous.
Both Texas and Florida law hold that a voter's intent is all important
in determining how a vote is counted. An indented ballot--the now-famous
dimpled or pregnant chad--has been interpreted in states, from Texas to
Massachusetts, as proof that the voter intended to vote for a particular
candidate.

All the Florida Supreme Court has done, by a unanimous vote, is to
affirm that the manual count is legal, just as it would be in Texas. So
what's the fuss? Why are all of the Bushies yapping about the possibility
of a stolen election, given that what county election officials are now
doing in Florida has long been the common practice in their candidate's
home state?

George W. Bush is acting as if he believes the presidency is part of
his natural inheritance. Otherwise, why wouldn't he gracefully play out
the hand that the Florida Supreme Court has dealt and accept Al Gore's
offer to agree to support the decision of the voters as announced in four
days, a decision that is still most likely to go Bush's way?

Even with the dimpled chad ballots included, Bush may be the next
President, ambiguous though his victory may be. He did, after all, lose
the national popular vote by more than 250,000 votes, which would make
him the first loser since 1888 to squeak through in the electoral
college. But our system requires that, if that happens, he be granted the
awesome powers of the presidency, in which case we should all give him
the respect due to the occupant of that office.

By endorsing the manual count, the Florida Supreme Court made the best
of a bad situation. The Bush team is solely responsible for not
exercising its right--after Gore asked for recounts in several
counties--to request hand counts in those counties where Bush could have
picked up more votes. Instead, Bush and his aides have done their best to
obstruct the fairest way to recount legitimate votes in disputed
counties, and they have muddied the waters with their attacks on manual
counting as some sort of Democratic plot. It isn't, as demonstrated by
the widespread use of this device to check the fallibility of machines
throughout the nation. Imperfect, yes; devious, no.

And what about the other voting irregularities in Florida, most of
which seem to have cheated Gore? The case of the Republican campaign
helpers in Seminole County who were allowed to work in the registrar's
office--some up to ten days--adding required information to thousands of
absentee ballot applications that would have been disqualified; the
flawed butterfly ballots in Palm Beach County; the tens of thousands of
ballots of black voters around Jacksonville that were rejected because of
a confusing ballot that led to double-punching.

The Gore campaign decided against asking that the outcome of the
election be held up pending an investigation of those cases. Gore also
stated that he wouldn't accept any electoral college votes cast for him
by Bush electors in any state, and will willingly accept the results of
the count underway in Florida as a final disposition of the presidential
race, no matter the outcome.

The Bush camp appears ready to accept that result only if its man is
the victor. Toward that end, it is willing to trample on the cherished
Republican principle of states' rights by appealing to the US Supreme
Court to overturn Florida's highest court. It has also threatened to use
Florida's GOP-controlled state Legislature to undermine the court, making
a hash of the principle of an independent judiciary.

The Bush blitzkrieg against the Democrats for exercising their right
to ask for a manual count betrays the bipartisan cooperation that Bush
promised during the campaign. It is neither candidate's fault that this,
the most closely contested election in over a century, has proved so
difficult to call.

Bush probably will win the electoral battle, but he will only emerge
as a true winner by taking the high road now and joining Gore in pledging
to be bound by the vote totals as reported to the secretary of state in
keeping with the Florida Supreme Court's order.

A land-claim suit is pitting Oneidas against other upstate residents.

The judge who chided Bush over aid to children is part of a state tradition.

In Michigan, it's a battle over school vouchers. In Alaska the fight is over medical marijuana. Nebraskans are being asked to outlaw civil unions. In Colorado, Amendment 25 would impose a twenty-four-hour waiting period and antiabortion propaganda on women wanting to terminate a pregnancy. These are just a few of the dozens of state initiatives and ballot measures that voters will face on November 7.

The overwhelming majority of them are in the Mountain West and on the Pacific Coast--and most are rollbacks led by conservatives. "There are some good progressive initiatives," says Amy Pritchard of the Ballot Initiative Strategy Center. "But progressives are mostly on the defensive." Because initiatives generally don't get the same attention that candidates do, voters tend not to focus on them until the last minute, if they focus at all, making outcomes hard to predict.

Once again California is the bloodiest and costliest of ballot- initiative battlegrounds. As much as $50 million is being spent by both sides on Proposition 38, which would widely introduce school vouchers. Silicon Valley multimillionaire Tim Draper is bankrolling the pro-voucher forces, but stiff opposition from teachers' unions and elected officials seems to be dominating. (A similar plan in Michigan could win, however.)

A similarly salutary role was not played by many of these same officials on another California measure. Cooked up by the bipartisan political establishment, Prop 34 would short-circuit real campaign finance reform by enacting a measure that is a reform in name only. In San Francisco, a creative Proposition L would close legal loopholes that allow dot-coms and other gentrifiers to turn low-income residential and industrial neighborhoods into gilded offices and condo villages. Prop 36, a measure that would reverse the logic of the failed drug war by substituting treatment for incarceration of nonviolent users, seems to be gaining the upper hand, with substantial support from several groups backed by financier George Soros. Opposition to the measure ranges from prosecutors to the otherwise liberal actor Martin Sheen.

Alaskans appear to be poised to approve a cannabis decriminalization law that would also grant pardons to people convicted under state marijuana laws and make them eligible for restitution. Nevadans, too, will be voting on whether to approve medical marijuana--as well as whether to ban gay marriage. In Arkansas and Massachusetts, conservatives are championing antitax initiatives.

Oregon's menu of twenty-six ballot measures is a nightmare for progressives. The militantly antigay Oregon Citizens Alliance has collected more than $170,000 to promote Measure 9, which would ban public schools from teaching anything that promotes or sanctions homosexuality, but opponents have raised about six times that amount. Meanwhile, progressives are also having to spend resources to oppose measures 92 and 98, which would restrict the ability of unions to collect money to use for political purposes from more than 200,000 unionized workers.

The good news from the Northwest is that Oregon is one of two states (Missouri is the other) where voters have a chance to approve clean-money campaign finance reforms. In the past few years, four states--Maine, Vermont, Massachusetts and Arizona--have approved such laws. In each, the special-interest-funded opposition barely put in a showing, but that has changed. "We have always been David and the other side the Goliaths," says Public Campaign executive director Nick Nyhart. "In the past Goliath never came to play. Now he's out in force."

An Oregon radio campaign tries to tar the reformers as fronts for eco-terrorists and neo-Nazis. In Missouri, corporate opponents are threatening to spend $2 million to defeat the measure; to date Anheuser-Busch has led the charge with a $25,000 contribution, followed closely by KC Power & Light, Hallmark and the Missouri Association of Realtors. "It's crucial that these two measures pass," says Nyhart. "Clean money is an idea that has been winning, and we don't want to lose the momentum." In both states, the battle is tight and likely to go down to the wire. (Readers who wish to contribute can contact Missouri Voters for Fair Elections at 314-531-9630 and the Oregon Campaign for Political Accountability at 503-796-1099.)

Multiracial and populist, New York's Working Families Party gains ground.

Take this as a national parable. Once upon a time--in the early eighties, actually--there was a progressive coalition in Vermont designed to become a third force in politics. One of its prime spokesmen was Bernie Sanders, who became mayor of Vermont's largest city, Burlington. Sanders duly became a leading proponent of the idea that America needed a third party of the left.

In 1988 the coalition backed Sanders for Vermont's single seat in Congress. Then as now, orthodox Democratic liberals accused the radical progressives of being wreckers. The radicals said that yes, some creative destruction was necessary. A Sanders candidacy might put Republican Peter Smith into Congress over liberal-populist Democrat Paul Poirier, but that wasn't the concern of an independent force. Just as he's now bashing Ralph Nader, Barney Frank bashed Sanders' candidacy as bad for gays (whose legislated well-being Frank regularly conflates with the fortunes of the Democratic Party) and liberals. And so it came to pass. Sanders swept up Poirier's liberal base and denied Democrats the victory they would otherwise have obtained. Smith won with less than 50 percent.

The progressive coalition had a long-term strategy. It knew Sanders would not win on that first outing. The essential victory was to persuade progressives to vote, finally, for their beliefs, to stop deluding themselves that the Democratic Party would fulfill even a sliver of their expectations. Two years later, Sanders again made a bid, this time against the incumbent Republican. The Democrats effectively quit the field. Sanders swept to victory.

Creative destruction worked. The progressive coalition matured and expanded. It replaced Sanders with Peter Clavelle as mayor of Burlington and took numerous seats throughout the state. Last year it formally constituted itself as the Progressive Party of Vermont and put up Anthony Pollina, a leftist with years of grassroots activism in the state, as its gubernatorial candidate for November 2000.

Once again, the state echoes with the anguished bellows of liberals that Pollina's candidacy will install Republican Ruth Dwyer and take Vermont back to medieval darkness. The Progressive Party has refused to stand down. Incumbent Governor Howard Dean is a DLC-type Democrat who never met a corporation he didn't like or a mountaintop he wasn't willing to sell to a ski-resort developer. Pollina, who had led Vermont's successful fight for public financing of statewide elections, became the first to benefit from it. As required by law, he raised $35,000 (from donations averaging $22), then qualified for $265,000 in public money, the only funds he can spend. Pollina was on an equal money footing with Dean. But not for long. A court threw out the law's spending limit, and immediately Dean inoperated years of pious blather about campaign finance reform. Five days after lauding such reform at the Democratic convention, he rejected public financing and put himself back on the block for corporate contributions and soft money from the Democratic Party.

Pollina and the Progressives have taken the Democrats' scare strategy straight on. They say, Vote Your Hopes, Not Your Fears. The campaign is rich with proposals on healthcare, environmental protection, a living wage, stability for small farmers and small businesses. Pollina has plenty of ammunition against Dean, who has been running Vermont longer than Clinton/Gore have been in the White House. It's the pathetic national story. In Vermont, 95 percent of men under 22 in prison do not have high school equivalency. In the past ten years prison spending has increased by 135 percent, while spending on state colleges has increased by 7 percent. One of every seven Vermont men between 18 and 21 is under the supervision of the Corrections Department.

And Pollina doesn't shrink from reminding voters that at the very moment in the early nineties when Vermont was poised to become the first state to have universal healthcare, Governor Dean, a physician by trade, killed off all such hopes, as he did a bill this year that would have established prescription-drug price controls.

Democrats of the stripe of Dean and Gore know how to talk the talk. They don't move a finger to expand human freedoms or opportunities, then boast that they alone are the bulwark against right-wing attacks on such freedoms and opportunities. After undermining choice and gay rights for much of his Congressional career, Gore now tells women and gays that he is the prime defender of choice and gay rights. At a gay event in Los Angeles, Dean claimed the hero's mantle for signing Vermont's civil union law giving gay couples the same state benefits as married couples. But he was never out front on this issue, moved only under direct order of the courts and then, in an act of consummate cowardice, nervously scribbled his signature to the law secluded from press or camera. So what does our Vermont parable add up to? Independent in name only, Sanders sold out to the Democratic machine long ago. He's no longer part of a movement. He's not a member of the Progressive Party and has not endorsed Pollina. In his re-election race for November, he's outflanked on both politics and gender, facing a Democrat to his left (Peter Diamondstone) and a transsexual moderate Republican (Karen Kerin). But the big story is not Sanders' dismal trajectory; it is that third-party politics in Vermont has moved out of his sad shadow and is changing the face of the state. The Progressives have also endorsed Nader.

"This race, a lot like Nader's nationally, has posed the question: If we want good people to run, and they get on the ballot, what do we want to do with that? Do we wish to use their campaigns to build up a progressive movement, or do we once again want to squander our power on business as usual?" Thus Ellen David Friedman, a long-term Progressive organizer in Vermont. "People under 30 don't give a damn about the spoiler stuff. Most of Pollina's campaign workers are under 25. They want to be able to work for what they believe in. Demographically, these are the people who will be making the difference, organizing progressive campaigns in the years to come."

The Supreme Court opens its new term with a case that raises the stakes dramatically in the politics of fetal rights. At issue in Ferguson v. City of Charleston is whether a public hospital violates the Constitution when it tests pregnant women for drug use and turns over positive results to the police without so much as obtaining a search warrant.

Medical professionals and the general public agree that it is not desirable for pregnant women to use drugs. But this case raises a different question: Do women forfeit basic constitutional rights to equal treatment, due process and protection against unreasonable searches and seizures when they become pregnant?

South Carolina has been a leader in the movement, building ever since Roe v. Wade legalized abortion, to establish rights for fetuses. No state has done more to target pregnant women who use drugs. Starting in 1989, the Medical University of South Carolina (MUSC) invited the police and local prosecutor to help implement a policy directed at prenatal-care patients. Women who came to MUSC, the only facility for indigent patients in Charleston, were threatened with arrest if they tested positive for drugs. Some were jailed for the duration of their pregnancies (surely not an optimal environment for pregnant women's health), and others were jailed after giving birth, still in their hospital gowns. All but one were black. The crimes they were charged with--drug possession, child neglect and distributing drugs to a minor--carried penalties of two to twenty years.

South Carolina Attorney General Charles Condon has said, "There is no constitutional right for a pregnant mother to use drugs." True enough. But the Constitution does guarantee rights of personal liberty and due process, which in turn require that all people, regardless of race or gender, be treated fairly and equally under the law. And the Charleston police department has never arrested a male hospital patient and charged him with possessing drugs on the basis of a positive urine test.

The real issue is how to respect pregnant women's constitutional rights while improving their (and their future children's) chances of a good outcome. The state maintains that the "stick" of criminal intervention is necessary to make its policy of "encouraging" pregnant women to get treatment effective. But at the time the policy took effect, there was not a single residential drug-abuse-treatment program for women in the entire state. MUSC itself would not admit pregnant women to its treatment center. And no outpatient program in Charleston provided childcare so that pregnant women with young children could keep their counseling appointments.

Finally, arresting women after they give birth does nothing to promote a healthy pregnancy or newborn. This practice also hinders the basic goals of keeping families together and promoting family stability through the provision of rehabilitative services instead of punishment.

Condon has made plain his desire to challenge the premise underlying abortion law: that a fetus is not a person in the constitutional sense and has no rights of its own. In 1998 he told the Washington Times that he would be "proud" and "very pleased" to defend his policies, "even in terms of reversing Roe v. Wade."

Faced with sanctions and the loss of federal dollars when the federal government investigated MUSC for ethics violations and discrimination against African-American women, the hospital suspended its policy in late 1994. But the program's architects got a boost when the State Supreme Court ruled in 1996 that a viable fetus is a person under the children's code, a ruling that the US Supreme Court allowed to stand. Condon then instructed district attorneys around the state to prosecute for "child abuse" women who take drugs during pregnancy.

Because most women in the United States get pregnant at least once in their lives, the practical and political implications of the Supreme Court's decision in Ferguson v. City of Charleston will be enormous. Fetal rights advocates recently scored a victory in Massachusetts when a judge entered an order of protection on behalf of a fetus and took a pregnant woman into state custody. The state alleges that the woman let her last baby die shortly after birth but has not charged her with any crime. If the Court upholds South Carolina's policy, it will encourage similar actions, effectively putting American women on notice that if they become pregnant, their lives are no longer their own.

The Rehnquist Court's paeans of praise for state government are belied by reality.

Arnold Schwarzenegger for governor!

Well, why not? I hadn't thought of putting in a plug for the actor's
political career until Gov. Gray Davis' top political operative, Garry
South, conducted one of the meanest political smear jobs in recent
memory.

South took the lowest of the low roads when he personally made sure
that an article in Premiere magazine got into the hands of a host of
reporters as well as potential Republican backers of a possible
Schwarzenegger gubernatorial campaign. Not content with attacking
Schwarzenegger as a womanizer, as the magazine did, South baited
Republicans for even considering supporting a man whose political views
might be described as more moderate than theirs.

As South told me, Schwarzenegger "defined himself as a social liberal,
pro-choice and pro-gun control, plus he's married to a Kennedy." What a
crime. But South sputtered on, adding that Schwarzenegger also is pro-gay
rights, pro-immigrant and supported Clinton during the impeachment farce.

Most of this kind of talk is aimed at shocking Republicans, but
apparently South got his call list mixed up and mistakenly placed me in
the category of right-winger. Anything to destroy an opponent. South
claimed Schwarzenegger's suggestion that he might be a gubernatorial
candidate made him fair game. Referring to the actor's interview with
L.A. Times columnist George Skelton, South said, "When Skelton put him in the
ring, he [Schwarzenegger] trashed the governor."

Not so. Schwarzenegger criticized Davis's handling of the California
energy crisis as being marked by uncertainty (an assessment shared by
many) and said Davis hadn't kept his campaign promises. But he said
nothing personally denigrating about the Governor. In fact, he said of
Davis, "I hope he does a great job so there's no reason for anyone to run
against him. Because that's the ideal thing." I call that gracious.

Yet South felt compelled to answer with a no-holds-barred smear,
explaining: "When someone attacks my client, I will respond, that's what
I do for a living--when you do what Arnold Schwarzenegger did, you put
yourself in the line of fire. That's my rationale; I have no apology
whatsoever."

Nor does Davis. A campaign press spokesman, Gabriel Sanchez, when
asked about the smear campaign conducted on behalf of the Governor's
campaign committee, said, "The Governor hasn't made any comment on that
issue, nor does he intend to."

The Premiere piece, which South also e-mailed and faxed to a long list
of reporters and political operatives, contained the kind of anonymously
sourced dirt that gets hurled with impunity at public figures, who have
less protection under libel laws. The primary thrust of the article was
that the actor was a serial groper. Weirdly, the magazine's writer also
went into Schwarzenegger's congenital heart problem, speculating that it
was instead the result of steroids used when he was a competitive
bodybuilder. As a smarmy aside, the writer made much of the evidently
unfounded claim that pig, rather than human, heart valves were implanted
in Schwarzenegger. (Schwarzenegger's surgeon insisted the magazine was
wrong, that human valves were used and that there's no evidence that he
used steroids.)

In taking advantage of the hit piece, South began his e-mail with:
"RE: Ah-nuhld's Piggish Behavior (Maybe It's the Pig Valve?)." How
puerile.

Why denigrate a man who has been an exemplary community activist?
While Davis's hatchet man chose to ignore his many charitable and service
contributions over the decades, two are particularly well-known:
Schwarzenegger is national chair of the effort to bring sports to
inner-city kids and has been a major booster of the Special Olympics.
Whatever his failings, and who among us is without, he is a family man
seen frequently in Santa Monica in the company of his wife, NBC reporter
Maria Shriver, and their four children, doing normal family things. I
have observed Schwarzenegger in various settings and have never witnessed
a scintilla of the crudeness ascribed to him. Many years ago, I
occasionally would run into him at Elaine's restaurant in New York, when
he was the young Austrian immigrant bodybuilder who was suddenly the toast of
the town after winning the Mr. Universe contest. It's amazing to me,
after all the worldwide media attention over the following decades, that
he survived to be someone this seemingly decent and balanced.

This ugly episode tells more about Davis than about his feared
opponent. We all know that the Governor is a control freak, and that
South would not be doing this without his boss's approval. It is
infuriating that Davis, whom I have long respected and thought to be a
classy guy, would stoop to this level. It's time for Davis to terminate
South's antics and issue an apology to Schwarzenegger.

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