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John Boehner Thinks Gay Marriage Should Be Banned Because Of Polygamy

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Paul Clement, a high profile attorney hand-picked by John Boehner — who is spending 1.5 million tax dollars to defend a federal ban on gay marriage —  is arguing DOMA must live because of polygamy.

Speaker of the U.S. House of Representatives, John Boehner, decided last year to invest $1.5 million — your tax dollars — to defend DOMA, the Defense of Marriage Act that bans the federal government from recognizing same-sex marriages, after President Obama and Attorney General Eric Holder both declared the 1996 law to be unconstitutional. Literally dozens of federal judges have weighed in since — and agreed with the President.

Speaker Boehner tasked the Bipartisan Legal Advisory Group (BLAG) to defend DOMA, and appointed a handpicked high profile private attorney, Paul Clement, to defend challenges to DOMA in federal court. Clement’s batting average for all the DOMA cases he’s defended is .000. Clement, who also famously lost the fight to strike down Obamacare, is a a former United States Solicitor General who served under President George W. Bush.

Now, Paul Clement, hand-picked by John Boehner, is arguing that DOMA must live because of polygamy.

In the heartbreaking case of Windsor v. United States, Edie Windsor, an 83-year old widow who is fighting — and has won in several federal courts — a “death tax” of $363,000 that, if the federal government recognized her legal marriage to her wife who passed away, she would not have pay. Windsor married Thea Syper two years before her death, although the couple had been together for 40 years.

“The lawyer [Paul Clement] for House Republican leaders had to reach all the way back to 1885 today when asked where the ‘traditional understanding’ of marriage could be found in federal case law — referring to a case dealing with polygamy in the Utah territory,” Chris Geidner, writing at Buzzfeed yesterday, reported on the Second Circuit Court of Appeals trial in New York:

That case, decided about polygamy in Utah before women were guaranteed the right to vote, came only 20 years after the end of the Civil War and more than 80 years before the court would strike down bans on interracial marriage. Today, it was one of the underlying arguments in House Republican leaders’ case that the Supreme Court recognizes a “traditional understanding” of marriage that the Defense of Marriage Act is seeking to uphold.

The arguments were at points similar to arguments heard in April before the First Circuit Court of Appeals in Boston, which determined that the law is unconstitutional. Today’s arguments, however, included an admission by Clement that if courts decide that laws targeting gays and lesbians should be viewed skeptically, like those based on race or sex, then it would be more difficult to justify DOMA.

“That said, I’ll try it,” Clement told the judges, noting that “there’s no way to preserve the definition of marriage [as one man and one woman] other than by preserving the definition. It becomes somewhat circular.”

Geidner examines broad issues of DOMA and scrutiny — how the courts decide what standards to use in determining whether or not DOMA is unconstitutional — and concludes with this:

More than 30 years before the U.S. Constitution would be amended to prohibit voting discrimination based on sex, the Supreme Court upheld the constitutionality of a law that required those in the Utah territory to take an oath that included a statement that the male was violating bigamy or polygamy prohibitions.

The case, which cited the infamous Dred Scott Supreme Court decision declaring that slaves were not citizens under the U.S. Constitution as evidence of governmental powers in the territories, was mentioned by Clement. It’s the case, he told Judge Chester Straub, a Clinton appointee to the bench, where the Supreme Court referenced the “traditional understanding” of marriage.

The 1885 case takes a hard line on the role of marriage in the post-Civil War nation, in reference to the practice of polygamy in the Utah territory.

The court wrote that “no legislation can be supposed more wholesome and necessary in the founding of a free, self-governing commonwealth … than that which seeks to establish it on the basis of the idea of the family [is] consisting in and springing from the union for life of one man and one woman in the holy estate of matrimony.”

That definition of marriage, the court wrote in 1885, is “the sure foundation of all that is stable and noble in our civilization; the best guaranty of that reverent morality which is the source of all beneficent progress in social and political improvement.”

Steven Thrasher, writing “For Elderly Gay Widow Edith Windsor, The GOP Is All For High Taxes,” today in The Daily Beast, notes:

“When Barack Obama proved unwilling to hound an octogenarian widow for a tax bill she never should have been charged, House Speaker John Boehner proved more than willing to take up the task—even at a cost to taxpayers of far more than the money she owed.”

Death and taxes, and GOP hate and ignorance. Four things that you can aways count on.

Image circa 1877, via Wikipedia: Brigham Young’s 12 widows lament. Caricature in a newspaper about Mormon polygamy. Text: “In memoriam Brigham Young. And the place which knew him once shall know him no more.” It references the apocryphal “long bed” story (and illustration) found in chapter 15 of Mark Twain‘s 1872 book Roughing It.

Related:

Breaking: 145 House Democrats File Amicus Brief Denouncing DOMA

Breaking: DOMA Declared Unconstitutional Again — By A Bush Appointee

Fighting DOMA, Edie Windsor Now Takes Her Case To The Supreme Court

Breaking: DOMA Ruled ‘Unconstitutional’ In Lesbian Estate Tax Case

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Trump Explains ‘Dumb’ Has a ‘B’

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President Donald Trump thrilled his supporters in New York on Friday as he shared how he came up with his latest nickname for Democrats — his explanation included a spelling lesson.

“Blue means Dumocrat,” the president said. “That’s a new name I came up with.”

“I was, I was thinking about this character we have in the House. His name is Hakeem Jeffries,” Trump said to boos from the audience.

“And he’s a low IQ person, very low IQ.”

“And I watched what he was saying, and what the horrible things he was saying, and I said, ‘He’s a dumb guy.’ I said, Wait a minute, he’s a Dumocrat. That’s how I got the name,” Trump excitedly said.

“You take the ‘e’ out, you don’t use the ‘b’. A lot of people don’t know ‘dumb’ has a ‘b’ in it, actually. You don’t need it. You discard the ‘b.’

“But you take the ‘e’ out, and you replace it with a ‘u.'”

“They are Dumocrats. You know why? ‘Cause their policies are dumb. Their policies are very dumb. All of their policies.”

Critics mocked the president.

“His uncle taught at MIT, but Trump just recently learned there is a b in dumb,” wrote political strategist Jeff Timmer.

Dumbo @realDonaldTrump here is the only one who doesn’t know there’s a b in DUMB,” said former GOP Congresswoman Barbara Comstock.

“It’s impossible to overstate how f— — stupid Trump looks on the world stage,” wrote another online commenter.

 

Image via Reuters 

 

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‘Good Riddance’: Critics Cheer Tulsi Gabbard’s ‘Shocking’ Resignation

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President Donald Trump’s controversial Director of National Intelligence, Tulsi Gabbard, is resigning.

“Unfortunately, I must submit my resignation, effective June 30, 2026,” DNI Gabbard wrote to President Trump, Fox News reports. “My husband, Abraham, has recently been diagnosed with an extremely rare form of bone cancer.”

“During pivotal moments,” NBC News reports, “as Trump deliberated over possible military action or watched live video feeds of operations in Iran or Venezuela, Gabbard was often not in the room, underscoring her outsider status.”

“Gabbard has had a tough tenure being sidelined on Venezuela and Iran. Last month, Trump floated replacing her with Pam Bondi, but some advisers saved her,” reported WIRED’s Hugo Lowell.

President Trump wrote that Gabbard had done an “incredible job,” and “we will miss her,” while Reuters reports that the White House ‌”forced” Gabbard “to ⁠resign ​from her ​post, a person familiar ​with ​the matter said ‌on ⁠Friday.”

The Wall Street Journal’s Dave Brown called Gabbard’s tenure “tumultuous.”

Critics were quick to respond.

“Good riddance. The Iran war has been the biggest display of intelligence incompetence in decades,” wrote U.S. Rep. Shri Thanedar (D-MI).

“Tulsi Gabbard leaves this administration in disgrace after helping Trump drag the country into yet another forever war in the Middle East,” wrote political strategist Mike Nellis. “She built her entire image on opposing these wars, then abandoned that principle the second it became politically inconvenient. That’s her legacy: a complete fraud, completely full of s— — about the one thing people thought she genuinely believed in. Good f— — riddance.”

“Also, is anybody in Congress or the media going to get to the bottom of the whistleblower’s story about Tulsi Gabbard withholding classified intercepted intel for political reasons?” Nellis continued. “What the hell happened there, or are we just going to pretend that didn’t happen?”

“Are we ever going to found out if Tulsi Gabbard broke how many different national security laws by allegedly refusing to hand over investigative documents, or is that just going away now?” asked writer Charlotte Clymer.

Professor and policy analyst Adam Cochran called Gabbard’s resignation “shocking,” and added: “Can’t imagine what they would ask to do that is too out of line for her…”

Associate Professor of Political Science Christopher Clary said Gabbard “will go down as perhaps the most ineffective and incompetent DNI in the short history of that position.”

Image via Reuters 

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The ‘Slow, Boring’ and ‘Easy’ Way to Tax the Rich: Expert

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President Donald Trump managed to effectively raise taxes on the majority of Americans through his tax policies, while handing the richest five percent a tax cut. Now, many Americans want to see the rich pay their fair share — and that could mean increasing their taxes.

The former chief economist of the White House Office of Management and Budget, Professor Zachary Liscow, argues there’s a “slow, boring” yet “easy” way to do so.

“The United States is seeing an increasing concentration of wealth at the very top and a worsening national debt,” Liscow writes in an op-ed at The New York Times. “For many Americans, taxing the rich more is an obvious move.”

He details some of the “novel proposals to curb the many intricate ways the rich make and hide their money,” including a wealth tax, a tax on unrealized gains, and a tax on “loans that billionaires take against their stock.”

But, Liscow warns, while novel, these methods would not raise the substantial amount of money the U.S. needs.

“The boring truth is that Congress can accomplish a lot simply by raising the rates of the taxes already on the books,” Liscow explains.

He examines U.S. Senator Elizabeth Warren’s (D-MA) proposal to tax “fortunes above $50 million,” and says there are “serious constitutional and policy arguments for this idea, but the Supreme Court’s current members would probably strike it down.”

There is a billionaire’s tax proposal by U.S. Senator Ron Wyden (D-OR) that would tax unrealized capital gains, “the appreciation in the paper value of assets such as stocks.” That would likely find a Supreme Court challenge.

There are other tax vehicles, like fixing the “buy, borrow, die” loophole, which would tax loans taken against stock portfolios, but that would likely not raise sufficient funds: “It’s just not where the money is.”

He finds that “the most powerful lever is also the simplest one,” and concludes that “Congress has a simpler, tried-and-true tax policy to choose from: raising the rates.”

Liscow is advocating to restore the “top marginal ordinary income tax rate to its pre-2017 level of 39.6 percent” — where it was before Trump’s first term in office.

“In addition, raising the corporate tax rate from 21 percent toward the 35 percent it had been set at historically would add hundreds of billions in revenue for the government,” he says.

“Raising the rates,” Liscow concludes, “the simple, boring answer — is where the real money lies.”

 

Image: Christopher Penler / Shutterstock.com

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