Republican Governance (Aborted)

This is pretty straightforward:

• In 2013, North Dakota Republicans passed into law a heartbeat abortion bill, which would have set the termination cutoff around six weeks.

• The law never went into effect, and was struck in federal court in April, 2014.

• In July, 2015 a federal appeals court affirmed that ruling; the North Dakota anti-abortion law that never went into effect remained struck.

• Today the Supreme Court said no to the Peace Garden (Roughrider? Flickertail?) State’s last appeal; the law remains dead.

This is the only catch: This was how it was supposed to go.

Republicans knew the law wouldn’t survive; Gov. Jack Dalrymple even said so when he signed the bill into law: “Although the likelihood of this measure surviving a court challenge remains in question, this bill is nevertheless a legitimate attempt by a state legislature to discover the boundaries of Roe v. Wade”. Apparently, the governor thought viability was an open question, which would of course be the reason Judge Daniel L. Hovland wrote, in the April, 2014 decision, that, “a woman’s constitutional right to terminate a pregnancy before viability has been recognized by the United States Supreme Court for more than forty years”, reminded that the highest court in the land “has clearly determined the dispositive issue presented in this lawsuit”, and even found himself explaining to North Dakota, “This court is not free to impose its own view of the law”.

So here’s the thing: When Republicans tell you government doesn’t work, what they mean is that government in their own hands does not work.

No, really, just think about it for a minute. (1) Pass a harsh bill that stands well outside accepted norms; (2) argue the new law is a “legitimate attempt” to “discover the boundaries”; (3) pretend in court the boundaries are unclear and need to be discovered; (4) get reminded quite the opposite; (5) appeal to the Supreme Court; (6) see your appeal denied.

This, according to Gov. Dalrymple, was apparently the plan.

No, really, think about the logic here: The Court says we can only go this far. But they didn’t explicitly say we couldn’t go farther. You might as well fault the speed limit signs for every possible velocity they do not explicitly reject: “It only says, ‘Speed Limit 55’; it doesn’t explicitly say, ‘Thou shalt not drive ninety miles per hour’!”

When Republicans tell us government does not work, it would behoove us to attend the threat.

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Alter, Charlotte. “North Dakota’s Strict Abortion Ban Overturned”. Time. 22 July 2015.

Hassan, Carma and Dana Ford. “Judge overturns North Dakota law banning most abortions”. CNN. 17 April 2014.

Williams, Pete. “US Supreme Court rejects plea to revive North Dakota abortion ban”. msnbc. 25 January 2016.

The Bobby Jindal Show (Fake Super Funtime Sneak Pak Preview Peek Pass)

This takes a bit of work. Just a little, but, you know, still. Sorry. The hard part is trying to wrap your head around the idea that this is somehow real. Let us then start earlier this week. Jordan Weissmann of Slate picks up the tale:

While Kansas has become a strictly tragic cautionary tale about what happens when a politician actually tries to govern in line with radical conservative tax dogma, Louisiana is turning into more of a dark comedy. Coming into this year, the state was facing a $1.6 billion budget shortfall. Unfortunately, Gov. Bobby Jindal—America’s spirit of hopeless presidential ambition incarnate—had signed Grover Norquist’s pledge not to raise any taxes. This left lawmakers in a bit of a bind, since cutting their way to fiscal health would have meant decimating public health or higher education funding.

Last week, however, legislators ultimately passed a budget that raised hundreds of millions of dollars in new revenue, sparing hospitals and colleges. Better yet, Jindal says he’ll sign it. So, how’d they square this circle?

With a mind-numbing budget gimmick, of course ....

.... Jindal created a fake fee for students, and a fake tax credit to balance it out, which ultimately leads to no money changing hands, but apparently satisfies whatever agreement Jindal struck with Norquist to preserve the illusion that he didn’t raise taxes. “It’s an embarrassing bill to vote for,” one Republican state representative told the New York Times, demonstrating the sort of candor that only becomes possible once your own party’s governor has alienated the vast majority of his state and abandoned all pretense of rational policymaking in pursuit of an inevitable also-ran performance in the GOP primary.

It really is futility. The Hopeless Clown has yet to officially jump into the race, but it has been clear to many that his mind isn’t on his work as Pelican State executive. When last we checked behind the scenes of the Bobby Jindal Show, the governor was posing for the national stage, hoping to enact a high profile bill by executive order after the legislature said no.

But wait … there’s more!

A Betrayal

Yesterday, Steve Benen described what he sees as a “silent governing failure” of Senate Majority Leader Mitch McConnell. Following a Huffington Post report that the Senate would, under his leadership, become even less productive and more intransigent about the federal judiciary, Mr. Benen reminded:

Now, some of you are probably thinking this is normal. President Obama’s second term is starting to wind down; the opposition party controls the Senate; so it stands to reason that the GOP majority would scrap plans to confirm qualified court nominees. Perhaps, the argument goes, McConnell is doing exactly what Democrats did when they had a similar opportunity.

It would be a credible argument if it were in any way true.