Open Thread

Jeffrey Toobin:

"Conservatives often embrace 'originalism,' the idea that the meaning of the Constitution was fixed when it was ratified, in 1787. They mock the so-called liberal idea of a 'living' constitution, whose meaning changes with the values of the country at large. But there is no better example of the living Constitution than the conservative re-casting of the Second Amendment in the last few decades of the twentieth century." "The re-interpretation of the Second Amendment was an elaborate and brilliantly executed political operation, inside and outside of government. Ronald Reagan's election in 1980 brought a gun-rights enthusiast to the White House. At the same time, Orrin Hatch, the Utah Republican, became chairman of an important subcommittee of the Senate Judiciary Committee, and he commissioned a report that claimed to find 'clear--and long lost--proof that the second amendment to our Constitution was intended as an individual right of the American citizen to keep and carry arms in a peaceful manner, for protection of himself, his family, and his freedoms.' The N.R.A. began commissioning academic studies aimed at proving the same conclusion. An outré constitutional theory, rejected even by the establishment of the Republican Party, evolved, through brute political force, into the conservative conventional wisdom."

Why is this time different? Why are things going to change this time? Andrew Gelman at the Monkey Cage has a thought:

– The event itself is particularly horrifying: an elementary school instead of a high school, more kids getting killed, and the killer using three guns that were just lying around the house. – Cumulation: each new shooting is added on to what came before, eventually enough people become motivated to act. – Political timing: no national election for 23 months, now is the time for politicians to act without fear of the gun lobby. – Political alignment: the Republicans have had so much success getting gun voters to their side that Democrats now have nothing to lose politically by supporting gun restrictions. And, if the Democrats move to restrict guns, savvy Republicans can move toward the center on the issue, confident that their Democratic opposition won’t outflank them on the right. – The pendulum: to put that last point another way, gun policy has swung so far to the right in recent years that the force of public opinion will tend to pull it back to the center. This latest shooting has given politicians a chance to realize this and act on it.

Multiple reports over the weekend have Senator John Kerry being nominated to succeed Hillary Clinton as Secretary of State. If that is the case, Massachusetts Governor Deval Patrick (D) will have to appoint an interim Senator who will serve until a special election can be held to fill the remainder of Senator Kerry's term. That special election must be held no later than 180 and no earlier than 160 days after Senator Kerry resigns. Assuming that Kerry resigns at some point on or near January 20, then the election won't be until July 8 at the earliest. So we will need an interim Senator for six months. Jonathan Karl has heard that Governor Patrick has talked to Senator Kennedy's widow, Vicki Kennedy, "about the possibility of replacing Kerry in the Senate and that she did not rule it out." Another reported possibility is a blast from the past. Former Governor and 1988 Presidential candidate Michael Dukakis (D) "may be headed back to the political spotlight as he's considered a likely interim replacement for Sen. John Kerry (D-MA)," The Hill reports.

It's Sunday, the Eagles are not playing (Go Ravens!) and many of us are still outraged, grieving and otherwise engaged with making sense of a country where freedom seems to mean being free to endure the mayhem of others.

So how about some content for this thread? Once again, thanks so much to everyone who came out to celebrate the holidays with us last night. It really is fun to see all of you, and so great to know that we have such generous readers. Everyone will have the shootings in CT on their minds for awhile now. I see lots of energy about pushing for a conversation about guns in our so-called civilized society. What I do know is that we won't be able to claim the mantle of being "civilized" until the lives of our children are more valuable than our guns. It is odd that we are more ready to defend the right to "bear arms" at the expense of any right to the safety of your kids. That said, this is an interesting Twitter exchange with Rupert Murdoch:

It's just hilarious. And entertaining. That is all. President Obama told ABC News that the federal government has better things to do than prosecute marijuana users in Colorado and Washington where voters chose to legalized in the last election.

"We've got bigger fish to fry. It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal."

Good. Make sure your Attorney General knows that. And perhaps Governor Markell can now implement the Medical Marijuana law.

Ezra Klein reports:

The debt ceiling [...] is proving a key sticking point, both in terms of politics and policy [in the fiscal cliff/austeritybomb negotiations. The political problem is that many Hill Republicans have convinced themselves that they’ll have the upper hand if they let the country topple fully or mostly over the cliff and then restart negotiations with a debt default looming in the background. They figure that although Obama really is willing to let the country go over the cliff, he’s not willing to let the country default and spark a global financial crisis. They are willing to do that, or they believe they can more credibly say they are, and that gives them leverage. Whatever House Republicans might think, the White House is all steel when it comes to the debt ceiling. Their position is simple, and it’s typically delivered in the tone of voice that Bruce Willis reserves for talking to terrorists: They’re happy to raise the debt ceiling on their own, as would be the case under their proposal to take authority for the debt ceiling away from Congress. But if Congress rejects that offer, then the debt ceiling is Congress’s problem, and the White House will not help.

Good. Let's hope the steel stays in the spine.

Lest no one say that I do not give credit where credit is due: Kudos to Commissioner Karen Weldin Stewart for doing her job in fining State Farm Insurance for shafting its insureds. Granted, 150K is a mere pittance to these multi billion dollar monsters who are awash in cash but still immorally deny coverage, but still. If there is one area where I am a socialist, it is on the issue of insurance. Private Insurance is nothing for than a fraudulent scam, and the entire industry should be nationalized.

"In the immediate wake of the election, Republicans felt so stunned -- in no small part because they had deluded themselves into expecting victory -- that it seemed momentarily possible that the party's long march to the right may halt or even reverse. But the future of the party is already taking shape, and that future will be, in some form or fashion, a conservative reaction against the Republican leadership that has sold them out. The smarter Republicans have already shaken off the trauma of electoral defeat and begun positioning themselves to capitalize."

When we talk about taxation, it is important to note that more taxes will be rising in 2013 due to the implementation of Obamacare, and they cover some taxes we often discuss, like the capital gains rate. And did you know that when the Apollo 11 astronauts returned from the Moon in 1969, they had to fill out Customs forms? Check out the form inside.

"Hello Manny. I ran for president. I lost." -- Mitt Romney talking to boxer Manny Pacquiao in his dressing room before a fight last night. Pacquiao, who has expressed interest in running for office in the Philippines, was knocked out in the 6th round. Reverse Midas Touch for Mittens? Here is his reaction shot: That is the reaction I imagined he had on November 6.

Meanwhile, in a great moment of Congressional Humility and Interaction with the Plebs, we have this:

Rep. Virginia Foxx (R-N.C.) chewed out a House staffer after catching her riding on a “members only” elevator, according to an ITK tipster who was on the scene. [...] Our spy hit the “members” button on the elevator after waiting (and waiting) for a lift on Tuesday. Elevators were slow that day because furniture was being moved around the Longworth House Office Building. When the members-only elevator arrived, our tipster and a female House staffer stepped in. The elevator went up a single floor before the doors opened and Foxx walked in with an aide. [...] Foxx said to the staffer, “This is a ‘members-only’ elevator; can you read?” She then demanded the staffer’s name before the elevator stopped after going just one more floor up. “Get out here,” Foxx supposedly commanded. Before our insider and the berated staffer exited, the politician exclaimed, “What does this sign say? It says, ‘Members of Congress only.’ ” But that wasn’t it. The innocent staffer attempted to point out that the sign next to it stated, “during votes,” which is when, our tipster says, Foxx started yelling, “Members only!” as she pointed to signs. “I’m just making sure we are hiring people who know how to read,” the lawmaker said.

What a bitch. Sorry, Pandora, Cassandra, the term applies here.