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JULY 20
**, 2022**
Kuttner on TAP
Protecting Rights Threatened by Clarence Thomas
The House took the first step yesterday. Will the Senate screw up a sure
thing?
Justice Thomas handed Democrats a grenade for use against Republicans
when he wrote in hisconcurring decision
in the
Dobbs abortion case that the Supreme Court could also reverse three
earlier decisions overturning criminalization of sodomy, allowing
same-sex marriage, and even permitting contraception.
I suggested in thisJune 27 post
that here was an invitation for Democrats to write legislation making
these broadly supported rights statutory, and thereby jamming
Republicans-to either alienate their hard-core base or scare away
normal voters.
Yesterday the House took the first step, passing the coyly titledRespect
for Marriage Act
, which
codifies the Court's 2015 Obergefell decision protecting same-sex
marriage. The strategy of splitting Republicans worked beautifully.
The bill passed , 267-157,
with 47 Republicans in support. The GOP leadership was divided, with
Republican Leader Kevin McCarthy of California and Republican Whip Steve
Scalise of Louisiana voting no, but the No. 3 Republican, Elise Stefanik
of New York, and Representative Tom Emmer of Minnesota, the GOP campaign
committee chairman, voting in favor.
Even better, as my colleagueDavid Dayen pointed out
, several
Republicans facing close re-election races in swing districts voted no.
This strategy is a template for 2022. Democrats should move other
legislation codifying basic rights under threat by the current court, as
well as measures popular with voters such as bills to drastically cut
drug costs, and dare Republicans to vote against them.
All of this moves the 2022 midterm elections to a terrain where
Democrats can win, and takes the spotlight off things like gas prices
and Biden's personal popularity. It reminds voters just how extreme most
Republicans are.
But never underestimate the Democrats' capacity for screwing up a sure
thing. The Respect for Marriage bill still requires Senate action.
Divisive Republican record votes would be extremely helpful in
Wisconsin, where the far-right incumbent Ron Johnson is vulnerable in a
tight election; Johnson would likely vote no. And in another close
Senate race, North Carolina, the Republican candidate is a House member,
Ted Budd, who voted no yesterday.
But Senate Democratic Leader Chuck Schumer, speaking on the Senate
floor, delayed action, saying, "I spoke to Senator Baldwin, who is one
of the leaders of this legislation in the Senate this morning, and she
is talking to Republicans to see where the support is. I want to bring
this bill to the floor, and we're working to get the necessary Senate
Republican support to ensure it would pass."
Oh, Chuck! The point is not to assure passage before bringing it up. The
point is to put Republicans on the spot. Even worse, Democratic Senate
WhipDick Durbin said
, "We have
more priorities than we have time."
Seriously? What is the matter with these people? Talk about snatching
defeat from the jaws of victory.
~ ROBERT KUTTNER
Follow Robert Kuttner on Twitter
[link removed]
"Welcome to Hell"
Mars, Inc., is best known for making chocolate bars. But it also owns
the most pet hospitals in the U.S., and workers say the conditions are
toxic. BY JAROD FACUNDO, BRIAN OSGOOD
What If They Held a Climate Emergency and No Money Came?
Executive actions on climate are important and necessary, but it's
unclear whether they can create the funding required for a green
transition. BY DAVID DAYEN
Democrats Need to Fight for a Government That Works
The party proposes to fund OSHA, EPA, the IRS, and the NLRB at much less
than those agencies got in 2010, in real terms. BY ELEANOR EAGAN
Republicans Have Created a Pro-Life Dystopia
And they're not going to do anything to fix it BY RYAN COOPER
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