Lock And Load

The Supreme Court is never more entertaining than it is when it gets a decision completely wrong. As expected, the Court overturned a thirty-year handgun ban in Chicago, insisting that the right to self-defense is constitutionally guaranteed and cannot be denied. Justice Samuel Alito - of course - was the key point man in the 5-4 decision, and though he stated that the ruling allows for some sensible bans that address local concerns involving crime and violence in places like, say, Chicago, no one is really buying that. Gun control advocate Sarah Brady is vowing to continue the fight for sensible firearms legislation, and I'm sure she'll explain her case on CNN, or perhaps on Bonnie Hunt's show.

I fear that our cities are going to become much more dangerous and that economically depressed communities are going to become war zones that make Baghdad look civilized. Right now, I suspect Justice Alito is reading this and shaking his head, muttering, "Not true, not true."

Meanwhile, Republicans on the Senate Judiciary Committee are feeling their oats in their efforts to keep the Court as far to the right as possible. Senator Jeff Sessions (R-AL) has indicated that GOP filibuster of Supreme Court nominee Elena Kagan is possible, citing her capacity to inject politics in the Court and create rights from whole cloth not specified in the Constitution, as well as her lack of experience as a jurist. Will anyone point out the the current Chief Justice of the Supreme Court is legislating from the bench and his immediate predecessor (for whom he clerked) had no experience as a judge before he was first appointed to the Supreme Court as an associate justice? Probably not.

Here's an update on Robert Byrd's Senate seat: Because he died five days before the thirty-month threshold before the end of his term, it would appear that there will in fact be such an election. However, there is an ambiguity in the West Virginia law regarding special Senate elections that set that threshold. Because West Virginia already held its primary elections in May, there may not be election after all, and whomever Governor Joseph Manchin appoints will likely serve out the remainder of Byrd's term. Also, because West Virginia allows the governor to wait ten days before declaring a vacancy for a congressional seat, and because that clause might also apply to a Senate seat, that would in fact, as noted earlier on this blog, take the term beyond the 30-month threshold.

The Democrats are likely hoping that a special election is not needed, although such an election is still theoretically possible. For the record, West Virginia hasn't elected a Republican to the Senate since 1956 (ironically, in a special election), but in the current political climate, anything can happen. After all, look at the success of Scott Brown in Massachusetts - who according to a new poll, is more popular in the Bay State than either President Obama or Senator John Kerry.

The guns of politics are ready to fire.

I think I'll stop commenting on politics for awhile, it's too much goddamned work.

The Byrd Has Flown

Nothing changes political equations like an unexpected event, or even a death that's not entirely unexpected, as is the case with Robert Byrd, who died this morning at 92. Byrd, a Democratic senator from West Virginia and a former Democratic caucus leader in the Senate, was the longest-serving U.S. Senator in history.

For now, the loss of Byrd is unlikely to create any change in the number of Democratic senators. West Virginia's Democratic governor, Joe Manchin, will likely name a replacement after the Independence Day holiday. West Virginia law allows an appointed U.S. Senator to fill an unexpired term without the benefit of a special election so long as there are two years and six months or less remaining in the term. Byrd's death technically leaves the unexpired term a few days longer than that, but after Saturday that will be academic . . . except for Republicans, to be sure. So right now, it's unclear whether a special election will be called, even as Manchin waits to name a replacement. Because what if he does wait until after Saturday?

Byrd's death changes the political equation in Washington for reasons of seniority. Having served since January 1959, Byrd had plenty of seniority, but the loss of Byrd will now likely shift the balance of power within the Senate Democratic caucus a bit. And West Virginia is likely to feel Byrd's loss acutely, as he was instrumental in getting gobs of federal money directed to his state. (He'd already surrendered his chairmanship of the Senate Appropriations Committee this past November.)

Byrd was also known for his courtly adherence to Senate debating rules and his vigorous defense of the U.S. Constitution. A firm believer in the separation of powers, he opposed efforts to give the President line-item veto power with appropriations bills, claiming it gave the executive too much power. He was the Senate Democratic leader from 1977 to 1989, serving as minority leader from 1981 to 1987.

West Virginia hasn't voted Democratic in a presidential election since 1996 but votes Democratic more often in state and local elections.

Scary Palinistas

Sarah Palin scares me, but her fans scare me more. She appeared in Grand Rapids, Michigan, yesterday to promote her book, and the overwhelmingly white fans who showed up praised for her for standing up against big government and the assault on the Constitution. She showed up the Barnes and Noble store waving on a balcony floor, as if she were some wise guru acknowledging her cult. The vibe of utter ignorance could have caused the book store to levitate. Nate Silver of FiveThirtyEight.com found that she's statistically in a good position to win the Republican presidential nomination, making her dangerous. Although a majority of Americans give her an unfavorable rating, a large minority - 38 percent, in some polls - still support her. How many of those who don't may be open to persuasion, especially if the economy sinks even lower (as if that were possible)?

Meanwhile, Senator Robert Byrd (D-WV) celebrated his length of service in both houses of Congress yesterday. Byrd served a total of 56 years and 320 days in the House and the Senate combined, a new record. How long can Byrd, who turns 92 tomorrow, last in the Senate? Right now, I think Harry Reid would be happy to see Byrd last long enough to vote on the health care bill.

Every vote does count.