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media and media people national politics & policies

Shut Up, Spouse

“Stand down and let your better half do the job,” was the specific advice syndicated-​columnist Kathleen Parker recently offered a woman, explaining that this woman’s “biggest mistake is that she thinks she’s important.”

Adding for emphasis: “She is not.”

Parker is not writing about Hillary Clinton, Michelle Obama, or Dr. Jill Biden. Her subject? Virginia “Ginni” Thomas, the wife of Supreme Court Justice Clarence Thomas.

Recollecting Ginni attending her writing seminar decades ago, Parker describes Ginni then as a “sweet, eager-​to-​learn 40-​something,” who was “quite likable.”  

“But,” claimed Parker, “something has happened to the Ginni Thomas whom I knew then.”

What exactly

“Today,” we are told, “she’s entrenched with various hard-​right conservative groups” and is “anti-​feminist, anti-​affirmative action, and, perhaps worst of all to her critics, pro-​Donald Trump.”

Lions and tigers and bears, oh my! … seems Ginni Thomas dares to hold opinions with which Parker disagrees.

Moreover, explained the columnist, Ginni “has not been idle in politics, advocating for issues that, importantly, could come before the court on which her husband serves” — as virtually any issue under the sun could. Parker connected Ginni’s political participation to calls “on Clarence Thomas to recuse himself from cases in which his wife has been active.”

Every spouse of a Supreme Court justice has (or arguably should have) political views of his or her own. And the right — and propriety — to act on them. 

Though Parker’s whole column is rich, the cream of the irony has to be first listing Ginni Thomas as an “anti-​feminist” and then suggesting she shut up and leave politics to her husband.

This is Common Sense. I’m Paul Jacob.


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Categories
judiciary Ninth Amendment rights Tenth Amendment federalism

Too Respectful of Congress?

In disagreements between individuals and the IRS, I tend to side with individuals against the IRS. So Wednesday’s Supreme Court ruling against the Defense of Marriage Act seems about right, on the face of it.

Yes, the judicial review and nixing of DOMA regarded a tax case.

The state of New York recognized the marriage of two women, Edith Windsor and Thea Spyer. Ms. Spyer died in 2009. Ms. Windsor inherited, paying $363, 053 in estate taxes. She sued against DOMA because she wanted to claim the federal estate tax exemption for surviving spouses.

The Supreme Court majority sided with Windsor. Chief Justice Roberts dissented, arguing that the court lacked the authority in this case to overturn this law; and Justice Scalia dissented separately, joined by Justice Thomas; Alito wrote another separate dissent.

Fascinating reading, all of it, but I was disappointed that Justices Scalia and Thomas are so deferential to Congress regarding DOMA, without any consideration of the Tenth Amendment, which recognizes that states have powers not delegated to the federal government — and surely regulating marriage was not one of the enumerated powers delegated to Congress — or the Ninth Amendment, which recognizes “rights retained by the people,” and that has a lot of bearing on the practice of marriage.

It seems to me that in matters of marriage, at the very least, the federal government should be following the people and the states, not the other way around.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights

No More Speech Rationing

Advocates of campaign finance regulation, what George Will calls “speech rationing,” say letting corporations — including non-​profit corporations — spend unlimited money on political speech corrupts democracy.

Actually, muzzling speech is what corrupts democracy and the point of it: i.e., to protect our freedoms, including freedom of speech.

Protecting these freedoms is a vital political good, even if some speech is deplorable. 

The recent Supreme Court decision, Citizens United v. FEC, dramatically strikes down unconstitutional limits on electioneering by businesses and non-​profits. But it leaves intact unconstitutional limits on their direct contributions to campaigns.

It also doesn’t touch requirements forcing campaign donors to disclose personal information. In his partial dissent, Justice Clarence Thomas pointed to how California donors giving more than $100 must reveal their names and addresses, info then publicized on the Internet. Supporters of a recent controversial ballot proposition were subjected to intimidation and property damage as a result.

The disclosure laws have spawned what Justice Thomas calls “a cottage industry that uses forcibly disclosed donor information to pre-​empt citizens’ exercise of their First Amendment rights.” 

Thomas is right. And campaign finance regulation should be tossed out root and branch.

This is Common Sense. I’m Paul Jacob.