Mojo - April 2013

Nearly Four Years After Dr. Tiller's Murder, Wichita Has An Abortion Clinic Again

| Wed Apr. 3, 2013 6:53 AM PDT
South Winds Women's Center Director Julie Burkhart.

For the first time in nearly four years, women in Wichita have access to an abortion clinic. South Wind Women's Center plans to open its doors this week, and will provide abortions in the city for the first time since an anti-abortion extremist murdered Dr. George Tiller in May 2009.

The clinic, run by former Tiller spokeswoman Julie Burkhart, will provide abortions up to the 14th week, along with gynecological services like pap smears, breast exams, birth control prescriptions, and prenatal care. I talked to Burkhart in February about reopening the clinic:

Mother Jones: Wichita has been the subject of so much attention from both anti- and pro-choice activists. What is the significance of reopening the clinic?
Julie Burkhart: First and foremost, we want to make sure that women who need to see us, want to come see us, are able to access care. We're looking at a few thousand women who now have to travel outside the area each year. Secondly, what it says is that no matter where you live in the United States of America, women will have access to reproductive health care. This community has just been so embroiled in the abortion…I hate to say the abortion "debate," but just the turmoil. Some people would say, "Just leave it alone and let it go." However, we can't really have true freedom in this country until everyone can access that right.
Why, just because we live in Kansas, in the middle of the country, should women be faced with more hardship? Why should it just be women on the coast where the laws are typically more liberal that have access to abortion care? I hope that's what people get out of this—that no matter where you are as a woman, you're entitled to that right.

Read the full interview here.

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John McCain Flashback: The Gun-Show Loophole is "Wrong"

| Tue Apr. 2, 2013 1:39 PM PDT

At the Washington Post, Greg Sargent takes a look at Sen. John McCain's (R-Ariz.) previous support of gun control measures, which included ads he cut in October 2000 in support of successful ballot initiatives in Colorado and Oregon to close gun-show loopholes on background checks.

Behind the scenes of Senate Democrats' efforts to strike a compromise on background checks, McCain is seen as a potential key ally who could make a bipartisan bill more tenable for House Republicans.

"I'm John McCain with some straight talk," McCain says in the ad. "Convicted felons have been able to buy and sell thousands of guns at gun shows because of a loophole in the law. Many were later used in crimes. That's wrong."

So far, Mark Kirk (R-Ill.) is the only Senate Republican to publicly express support for legislation that would require private sellers to run background checks. Along with McCain, senators Susan Collins (R-Maine) and Dean Heller (R-Nev.) are seen as the best bets for a broader bipartisan compromise. Talks between Sen. Chuck Schumer (D-NY), who authored the original background check bill that cleared the Judiciary Committee on a party-line vote, and Sen. Tom Coburn (R-Okla.) fell apart in February. Coburn, however, says he is still open to a limited expansion of the current law.

Sargent points out how McCain's moderate past on gun control speaks to just how far to the right the debate has since lurched:

What's particularly interesting here is that McCain was staking out what was then the moderate middle ground. At the time, the left pole of the gun control debate was defined partly by opposition to the idea of a gun ownership right, with some arguing that it only existed on Constitutional grounds in the context of militia membership. McCain's position put him squarely in the middle between gun control groups and gun rights forces.

Since then, the Supreme Court decision in District of Columbia v. Heller — which struck down D.C.'s handgun ban — upheld a Constitutional right to gun ownership for traditionally lawful purposes. With that Supreme Court precedent set, it should theoretically be even easier for Republicans to accept the middle ground position of universal background checks, which don’t threaten rights that are now enshrined by the Court. But neither McCain nor any other Republican Senator (except for Mark Kirk) has so far proven willing to take the step McCain did back in 2000, underscoring how far to the right the debate remains, even in the wake of the massacre of 20 children.

The War On Drugs Is Still Not Working

| Tue Apr. 2, 2013 12:17 PM PDT
Mexico military war on drugs

Four decades ago, President Nixon launched the US-led global War on Drugs. It has cost the nation over a trillion dollars. 50,000 people have lost their lives to shootouts, bombings, torture, and execution, and that's only counting six years in Mexico.

And it is still not working. Here's an excerpt from an AP investigation released on Monday:

Mexican drug cartels whose operatives once rarely ventured beyond the U.S. border are dispatching some of their most trusted agents to live and work deep inside the United States — an emboldened presence that experts believe is meant to tighten their grip on the world's most lucrative narcotics market and maximize profits.

If left unchecked, authorities say, the cartels' move into the American interior could render the syndicates harder than ever to dislodge and pave the way for them to expand into other criminal enterprises such as prostitution, kidnapping-and-extortion rackets and money laundering.

[...]

"It's probably the most serious threat the United States has faced from organized crime," said Jack Riley, head of the Drug Enforcement Administration's Chicago office..."People think, 'The border's 1,700 miles away. This isn't our problem.' Well, it is. These days, we operate as if Chicago is on the border."

The nonprofit Chicago Crime Commission recently named Joaquin "El Chapo" Guzman, leader of the Sinaloa cartel, the city's "Public Enemy No. 1," even though Guzman has never even been to Chicago.

The AP investigation notes recent cases indicative of cartel expansion in suburbs and cities of non-border states like Illinois, Indiana, Kentucky, Michigan, Minnesota, North Carolina, Ohio, and Pennsylvania.

On a related note, here's a chart, courtesy of filmmaker Matt Groff:

This is your tax dollars on drugs. Read the whole AP report here.

The NRA Unveils Its School Safety Plan: More Guns

| Tue Apr. 2, 2013 10:11 AM PDT
Wayne LaPierreNRA executive vice president Wayne LaPierre announced his school safety task force last December.

On Tuesday morning, former Rep. Asa Hutchinson (R-Ark.) unveiled a 225-page report, commissioned by the National Rifle Association, on how best to prevent gun violence in schools. His task force's conclusions: Put an armed security guard (teachers or administrations would also be acceptable) in every public school in the country, and put them through a 40–60-hour training course to give them the tools to take out a shooter. Speaking at the National Press Club in Washington, D.C., Hutchinson called for more funding to help schools hire security officers and announced that the NRA would create a centralized portal to help schools develop and institute their defense plans. Hutchinson, who in December had proposed encouraging armed volunteers to stand watch at schools, said he'd concluded that was "not the best solution" after speaking with school superintendents.

Hutchinson's shining example of school safety, which he returned to multiple times during his remarks Tuesday, was a 1997 shooting at Pearl High School in Mississippi. In that case, the school principal, who was also an Army reservist, disarmed the shooter after picking up a gun from his car. But as my colleague Mark Follman explained, the shooting had already stopped at that point.

(The report doesn't offer specific advice as to which type of weapon might work best for school guards, but Hutchinson suggested that either a shotgun or an AR-15 would be acceptable, in addition to a more manageable handgun.)

When pressed by reporters, Hutchinson insisted that legislation currently being considered in Congress to make background checks universal for private gun sales and halt the manufacture of high-capacity magazines was irrelevant to the issue of school safety. The sweeping gun-control legislation on the verge of being signed into law in Connecticut in response to the December massacre in Newtown was, by his estimation, "totally inadequate."

But Hutchinson only mentioned in passing one of the biggest consequence of his proposals, should they actually be adopted. A 2011 study by the Justice Policy Institute found that the evidence that school resource officers are a deterrent to crime was flimsy at best. But that didn't mean the officers don't have an impact. Students at schools with SROs were 2.9 times more likely to be arrested—and 4.7 times more likely to end up being charged with disorderly conduct. "All of these negative effects set youth on a track to drop out of school and put them at greater risk of becoming involved in the justice system later on, all at tremendous costs for taxpayers as well the youth themselves and their communities," the report concluded:
 

Justice Policy Institute

Hutchinson alluded to the concerns over increased criminal charges in schools with SROs, but suggested the problem could be fixed at the local level: "This is an internal issue as to how you manage your SROs, and so you need to have clear understandings reflected in a memorandum of understanding between the school and the law enforcement agency." But schools have always had the ability to set the terms of conduct with law enforcement, and the results haven't been pretty. The report states briefly that "The objective of the SRO is not to increase juvenile arrests within a school."

At the Conservative Political Action Conference last month, I watched NRA president David Keene moderate a panel on how to fix America's criminal justice system. The conclusion among the panelists, Keene included, was we lock too many people up, and for too long. But the proposals unveiled on Tuesday, like those pushed by the NRA in the 1990s, probably wouldn't do anything to reverse that trend; if the past is any indication, they'd just make it worse.

Read the report for yourself:

 

 

We're Still at War: Photo of the Day for April 2, 2013

Tue Apr. 2, 2013 8:27 AM PDT

A Marine Special Operations Team member fires a M240B machine gun during night fire sustainment training in Helmand province, Afghanistan, March 28, 2013. U.S. Marine Corps photo by Sgt. Pete Thibodeau.

 

Nelson, Georgia, Passes Meaningless Law Requiring All Households to Own Guns

| Tue Apr. 2, 2013 8:16 AM PDT

Reuters published this story on April Fools' Day, but it does not appear to be a joke:

A small Georgia town on Monday passed a law requiring the head of each household to own a gun as a way to keep crime down.

The ordinance, approved unanimously by the City Council in Nelson, is symbolic, however, because there is no penalty for violating it, according to Councilman Duane Cronic, who introduced the measure last month.

It serves as an expression of support for gun rights and sends a message to would-be criminals, Cronic said.

The measure was passed amid the debate over gun laws in the United States following the December shooting rampage in which a gunman killed 26 people at a Connecticut elementary school.

The Nelson ordinance exempts convicted felons, residents with physical and mental disabilities and those who do not believe in owning firearms, Cronic said.

Crime in Nelson, which has only one police officer, consists mainly of petty theft, Cronic said.

The measure, dubbed the Family Protection Ordinance, was modeled on a law passed in nearby Kennesaw, Georgia in 1982; towns in Idaho and Utah have considered similar laws. For instance, the 140 residents of Byron, Maine rejected a mandatory gun law last month (the proposal was nixed even by the guy who proposed it, after he concluded he should have simply made it a recommendation).

Because Nelson's new law is symbolic and unenforceable, there is zero chance of a resident being punished for not buying a gun. It's like the law in Kentucky that makes it illegal to have ice cream cones in your back pocket. "I likened [Nelson's new law] to a security sign that people put up in their front yards," Cronic told the AP. "I really felt like this ordinance was a security sign for our city." 

The city council's agenda notes that the ordinance will also serve as "opposition of any future attempt by the federal government to confiscate personal firearms."

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Ken Starr (!) Pleads With Senate GOPers to Confirm Obama Nominee

| Tue Apr. 2, 2013 7:43 AM PDT

How many former Republican solicitors general does it take to prevent a filibuster?

Almost a year ago, President Barack Obama nominated Caitlin Hannigan and Sri Srinivasan to be judges on the DC Circuit Court of Appeals, a key court that has jurisdiction over federal regulations and is often seen as a stepping-stone to the US Supreme Court. Four of the 11 seats on the court are currently vacant, but Senate Republicans have refused to confirm any of Obama's nominees, leaving the court dominated by conservatives eager to toss out federal regulations dealing with everything from air pollution to financial reform. Last month Halligan withdrew her nomination after Republicans filibustered her into oblivion.

That leaves Srinivasan, a former clerk for Supreme Court Justice Sandra Day O'Connor, who is the Obama administration's principal deputy solicitor general and argued before the Supreme Court in the Defense of Marriage Act case. There are things liberals will like about Srinivasan (he wrote Supreme Court briefs supporting affirmative action and arguing cops should need a warrant to put a GPS on your car) and things they won't (he's represented corporate and anti-union interests). His nomination has gone untouched since June 2012, but next Wednesday the Senate will be holding a confirmation hearing. Monday a bipartisan group of former solicitors general sent a letter to Senate Judiciary Chairman Patrick Leahy (D-Vt.) and Chuck Grassley (R-Iowa) urging his confirmation. The list includes former Bush administration solicitors general Paul Clement and Theodore Olson, as well as former George H.W. Bush Solicitor General Kenneth Starr, who as special counsel investigated the Monica Lewinsky scandal.

"Sri is one of the best lawyers in the country," the letter reads. "He is extremely well prepared to take on the intellectual rigors of serving as a judge on the DC Circuit." 

There are more vacancies on the federal bench today than when Obama took office. The Obama administration hasn't put forth enough nominations to fill them all, but the chief impediment is that Republicans have slowed the judicial confirmation process to a crawl. The average Bush circuit or district court nominee waited 175 days for a vote, compared to 227 under Obama.

Srinivasan exemplifies this dysfunction. He clerked for a Reagan-appointed Supreme Court justice; he worked for Republican and Democratic administrations, and he's endorsed by the guy who helped the GOP almost bring down Bill Clinton. Yet thanks to GOP obstruction—and the Democrats' refusal to reform the filibuster—he still might not get confirmed.

Here's the letter:

 
An earlier version of this post stated that Starr was solicitor general under Reagan, he was solicitor general under George H.W. Bush.

The Taxman Turns the Screws on Dark-Money Nonprofits

| Mon Apr. 1, 2013 7:01 AM PDT

The Internal Revenue Service is taking a closer look at the finances of some 1,300 nonprofit organizations, including unions, trade associations, and the type of dark-money groups that controversially spent hundreds of millions of dollars in the 2012 elections. That includes Karl Rove's Crossroads GPS, the Koch-backed Americans for Prosperity, the US Chamber of Commerce, and the pro-Obama outfit Priorities USA, all of which keep their donors secret.

The IRS' is asking these groups to answer a questionnaire (PDF) explaining how they spent their money, how their top staffers were paid, if they flew first-class or charter, any perks they received, and more. The taxman's request for more information comes as campaign finance reformers, disclosure advocates, and at least one angry lawmaker, Sen. Carl Levin (D-Mich.), pressure the IRS to crack down on big-spending nonprofits like Crossroads GPS, which spent at least $67 million on politics during the 2012 campaign. Levin, who is retiring after his current term, said that a priority of his remaining time in Congress is investigating "the failure of the IRS to enforce our tax laws and stem the flood of hundreds of millions of secret dollars flowing into our elections, eroding public confidence in our democracy."

Here's more from NPR on the IRS' latest move on dark money:

The IRS calls the move a "compliance check." It asks a wide range of questions about a group's finances and internal structure. Some of the information will turn up, eventually, in a group's tax return on the Form 990. But other intriguing information will not. For instance, how did the group set the compensation for its most highly paid officers? Did it give them first-class or charter travel? How about country-club memberships? Any other perks?

The agency has targeted groups that are "self-declared." That is, they claim they qualify for 501(c) tax-exempt status, but they've never filed the application with the IRS. That lets them avoid the application form asking the group to describe its proposed tax-exempt activities.

The IRS says the questionnaire is meant "to help us understand" the self-declared groups and to learn "how they satisfy their exemption requirements."

But the IRS may be weighing other factors, too. The questionnaire's most explicit questions are about 501(c)(4) political activity, and the document follows months of critics' complaints that the IRS has treated 501(c)(4) groups too gently.

Unfortunately, the IRS won't disclose respondents' answers to the questionnaire. But with this questionnaire—and with one IRS official's pledge last fall that the agency would scrutinize dark-money nonprofits—it's obvious that the agency is digging into the issue of dark money.

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