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It seems like the secretive American Legislative Exchange Council (ALEC) isn’t so happy about being less of a secret now:

Yesterday, at a conference in New Orleans, two ThinkProgress reporters were attacked by security guards for no apparent reason. Reporters Scott Keyes and Lee Fang were at the Marriott Hotel for the American Legislative Exchange Council (ALEC) annual meeting, an event that brings together state lawmakers with corporate lobbyists to draft “model” legislation.

While we stood by the second floor lobby of the conference hotel, security guards surrounded us, demanding that we leave. As we were leaving, they approached us, violently pushed us and twisted our arms. A guard approached Fang from behind, tackling him and later bending his arm to take his camera. Keyes, faced similar treatment: two security guards roughed him up on the escalator, taking his video camera, and cutting Keyes’ hand as he attempted to leave the premises. As Keyes asked why he was being forced to leave, he was shoved from the back.

Asked why they were being so belligerent, the security guards said they were acting on instructions from ALEC.

The video is here.

This is going to be interesting:

The Renton City Prosecutor wants to send a cartoonist to jail for mocking the police department in a series of animated Internet videos.

The “South-Park”-style animations parody everything from officers having sex on duty to certain personnel getting promoted without necessary qualifications. While the city wants to criminalize the cartoons, First Amendment rights advocates say the move is an “extreme abuse of power.”
[…]

KIRO Team 7 Investigative Reporter Chris Halsne holds a key document that really lays bare the city’s intent. The document was quietly filed in King County Superior Court last week. It’s a search warrant accusing an anonymous cartoon creator, going by the name of Mr. Fiddlesticks, of cyberstalking (RCW 9.61.260). The Renton Police Department and the local prosecutor got a judge to sign off as a way to uncover the name of whoever is behind the parodies.

KIRO found two of the nine or so cartoons, here and here.

Apparently, the cartoons never identify individuals, or even the name of the police department. Basically the satirist did a brilliant job playing on people’s insecurities, to the point of provoked them into seeking revenge. Nice.

The complaint suggests this the author has engaged in cyberstalking. What. The. Fuck.

Unless there is some forthcoming bizarre twist in this story, it simply will not stand up in court. The ACLU is already itching for a fight:

The cyberstalking law is designed to protect individuals from serious harassment by other individuals, not to protect government from parodies by employees. People have a right to speak anonymously on the Internet, and employer-employee issues involving YouTube satires should not be pursued as criminal matters. We would very much like to hear from the individual who posted the parodies so that we can know more about the facts of this matter.

Clearly, the Renton police department is using a bullshit argument to get a search warrant to “out” the author (who they suspect is an insider). The author won’t be convicted of cyberstalking, but then that isn’t really the point, is it? The point is to extract revenge.

In other words, the Renton police department is administalking a person exercising their first amendment rights.

I’m sure the courts will do their job and find the author not guilty of cyberstalking. With a bit of luck, they will also rule in favor of the author in the inevitable follow-up civil lawsuit.

Will the press do its job? Will the press allow the Renton police department to get away with this bullshit? If they really do their job, this incident will result in many embarrassing internal affairs revelations, findings of abuse of power, and whatnot. Sounds like they have a “problem of internal culture” in the Renton PD.

And if the blogosphere does its job, the Renton police department will become a target. There will be many more satirical cartoons. There will be essays ruthlessly mocking Renton Police Chief Milosevich (yeah…that’s his name!), and whoever the fuck else is involved in this stupidity.

I haven’t tried one of those “make your own animation” tools yet, but this sure has me tempted!

King County Prosecutor Dan Satterberg writes about the recent tragic death of Google engineer Steve Lacey:

Steve Lacey was on his way to Costco on Sunday afternoon, July 24, and was sitting in traffic, waiting for a light to change when his life ended. A minute before he was tragically killed, a 52-year old driver, Patrick Rexroat, was allegedly speeding southbound on I-405, carrying three and a half times the legal limit of alcohol in his bloodstream, and chasing a car that he thought had cut him off in traffic. While in hot and drunk pursuit of the other driver, Rexroat failed to negotiate the turn he attempted at high speed and slammed into the driver’s side door of Steve Lacey’s car, killing him instantly.

Witnesses report that the 52-year old Rexroat got out of his car and pounded his chest in a defiant gesture. When he was told that he had killed another person he shrugged his shoulders and started to walk away.

…

What sort of justice awaits the victim’s family, the community and the defendant in this case? The answer is as infuriating as the crime. Under Washington State sentencing guidelines, the killer of Steve Lacey faces no more than 41 months in prison, minus one-third of the sentence that will almost certainly be reduced for good behavior. That means that vehicular homicide offenders actually are removed from our streets for less than 2 and half years.

Want to be even more infuriated? Compare that to this:

The owners of two medical marijuana dispensaries in Spokane have been indicted by a federal grand jury.

Charles Wesley Wright and Jon Richard Vivian, owners of the THC Pharmacy on South Perry Street, and Jerry Wayne Laberdee and Dennis Lewis Whited, owners of Medical Herb Providers, face time in federal prison under multi-count indictments filed today in U.S. District Court.

…

Wright and Vivian face [up to 20 years] if found guilty of maintaining a drug-involved premise near a school. THC Pharmacy was located at 1108 S. Perry St. – which is less than 1,000 feet from Grant Elementary School.

Wright and Vivian are also charged with distribution of marijuana near a school, possession with intent to distribute marijuana near a school, manufacture of marijuana near a school. Each charge carries not less than a year and no more than 10 years.

As with anyone, I’m in favor of having zoning laws that keep dispensaries away from schools, but just to provide clarification on the seriousness of that offense, here’s a map of the neighborhood:

Of the five Spokane defendants, Wright is the only one I’ve communicated with so far. He sent me a rather desperate email yesterday about his situation. He’s in the process of selling all his possessions in order to defend himself (his dispensary was only open for a very short period of time and it never actually made any money). Unlike the caricature that law enforcement likes to present, these folks weren’t high rollers raking in the dough. They’re generally patients themselves who had the resources and entrepreneurial drive to provide for the growing numbers of authorized medical marijuana patients in the Spokane area who couldn’t provide for themselves.

Comparing that to the circumstances and likely sentence of the man who murdered Steve Lacey is enough to make one ill. Long after Patrick Rexroat has served his time and is once again a free man, Charles Wright will almost certainly remain behind bars, never seeing his two kids (who are now 10 and 12) grow up. You may not agree with Wright’s choices, or his defiance after being told to close up shop, but you lack a soul if you find any of this to be acceptable for a civilized society. And that comment is directed most pointedly at Eastern Washington U.S. Attorney Michael Ormsby and his office.

Next Tuesday, August 9, 1:30pm at the federal courthouse in Spokane is Wright arraignment. There are some preliminary plans for protests both here in Seattle and in Spokane. If anyone would like to participate, please feel free to email myself or contact the CDC.

The Pro Tunnel people are running an ad trying to link Tim Eyman and Mike McGinn to the opposition to the tunnel. Tim Eyman opposes tolling but hasn’t done much one way or the other on the tunnel. This ad isn’t the first place to imply an alliance between them despite, you know, evidence. But since this narrative is out there, I’d like to remind people what Mike McGinn actually thinks of Tim Eyman (emphasis mine):

Let’s speak honestly about what’s happening to education in the State of Washington. Tim Eyman has set this state on a path that will let our schools collapse and our children fail in order to save a few dollars. Mr. Eyman, you may have talked the rest of the state into destroying what we hold dear. But we are drawing a line around Seattle, right at the city limit. And we’re saying it won’t happen here. We’re not going to stand by and watch our children fail. That’s why we’re doubling the Families and Education Levy. I ask Council to stand with the community and stand for Seattle values and place this levy on the ballot.

Further cementing this alliance, McGinn is opposed to Eyman’s latest initiative.

I do not support Eyman’s initiative. If we toll a road, the state should be able to use the tolling revenue to fund transit for people who can’t afford the tolls. In fact, that’s the only fair way to do tolling.

McGinn isn’t a one issue obsessive, unlike the people who call him one!

The Republicans are still trying to find a credible opponent for Sen. Maria Cantwell (D-WA) in 2012. Former Bush Deputy White House spokesperson and Bush-Cheney ‘04 Press Secretary, Scott Stanzel is considering it.

But I said “credible.”

And now Seattle Weekly‘s Mike Seely writes:

…lately we’ve been hearing somewhat credible rumors that 8th District Congressman Dave Reichert might be up for abandoning his seat and challenging Cantwell. So is this chatter serious, or is there a stealthier factor at play here?

By “stealthier factor” he means that Reichert is using such rumors to leverage a more favorable redistricting outcome.

Seely ponders:

But what if Reichert’s motives are more pure? What would ensue would be a fascinating race between polar opposites: Cantwell, the wonkish brainiac who takes on issues of substance yet struggles with retail politics and staff retention, versus Reichert, the dull knife who gets by on Ken-doll looks, law-enforcement legend, and timely tacks to the center.

That would be fun! I like it. Reichert is, for sure, a stronger opponent for Cantwell than is Stanzel. But a Reichert challenge would accomplish two things. First, it opens up the Democratic-leaning 8th CD (which, of course, may be unrecognizable by 2012). Second, it means Republicans would dump lots of money into the race. Less so with Stanzel; Republicans would find more promising races upon which to spend their spoils.

This is Reichert’s big Window of Opportunity…but could he win?

In a statewide competition against an uberwonk, Reichert would not get away with his usual strategy of dodging all things substantive. He’ll have to speak in public and try to come off as intelligent and informed. No more “I’ve looked in a microscope and seen the heartbeat of a stem cell” moments; no more, “I don’t know enough about this issue, so I’ll pass on the question” answers like he gave in his 2006 debate against Darcy Burner. No more confessions of voting the way the leadership tells him to vote. The Cantwell campaign would eat him alive for such blunders.

So, no, he can’t. If Reichert sticks his head through that Window of Opportunity…he’ll get his freakin’ throat slit….

Just as it was before the events of the last legislative session, Tacoma is the flashpoint for the fight between those working to create access points for medical marijuana patients and the anti-drug establishment trying to turn back the clock. The News Tribune’s Jordan Schrader, who is – unlike his paper’s editorial board – both competent and sane, provides the latest news:

Tacoma’s push to shut down more than 30 medical-marijuana sellers inched forward Monday, even as outlets in unincorporated Pierce County received letters from the Sheriff’s Department putting them on notice.

Sheriff Paul Pastor said his office sent letters to about 15 dispensaries late last week to notify them about the county’s interpretation of a state law that took effect Friday.

Businesses say the law gives them a way to keep operating, but Pastor said it puts limits on any seller wanting an “atmosphere of lots of clients and easy access.”

“They’re allowed as long as they conform to the law,” Pastor said. “It’s my understanding that would strongly limit what they were able to do.”

I have a feeling that both Sheriff Pastor and the lunatics at the News Tribune editorial board are going to be somewhat disappointed. While the new law certainly disallows direct sales to any authorized patient who comes in off the street, individuals who want to set up a storefront and run a business will likely still be able to do so by organizing their customers into a series of different gardens and possibly even rotating them in and out of those gardens in order to conform with the law. Even without rotating them, a single person can belong to many different gardens and therefore maintain a fairly large network of patients from a single location and still stay within the letter of the law.

And in a post from Seattle Weekly today, Keegan Hamilton reports that Ed Troyer from the Pierce County Sheriff’s Office struck a far more reasonable tone when asked how aggressive they’d really be. It’s possible that over the course of the past few days, Pierce County officials are realizing that the mess created by the partial veto did little more than force dispensaries to reorganize their business models.

Of course, no one seems to have any idea what the law exactly allows. And even fewer people know what the hell the folks at the News Tribune editorial board are smoking. They see Seattle’s tolerance of these medical marijuana access points as a cover for drug trafficking, but that makes absolutely no sense. By having them operate above ground, it’s far easier to ensure that they’re not selling to unauthorized people. In Tacoma, on the other hand, if city and county officials are successful at putting those who want to play by the rules out of business, the drug traffickers win. It’s nothing short of amazing that the city’s main newspaper can’t figure that out.

The bigger potential problem here, however, is that with medical marijuana still illegal under federal law, there’s a genuine concern that overzealous local officials could invite in federal enforcement to take down even the providers who follow state law. And Tacoma voters will provide a good gauge of how popular such a move would be when they vote in November to make marijuana law enforcement the city’s lowest priority.

ONN: News of the week.

Thom: The Good, the Bad and the Very, Very Ugly.

Ohio Gov. Kasich is Worst Person in the World.

Fiscal Apocalypse:

• Maddow: Obama hating GOP denialists push U.S. economy to brink of disaster, part 1
• Maddow: Obama hating GOP denialists push U.S. economy to brink of disaster, part 2
• Jon with Armadebtdon 2011: The national bullshit ceiling
• Thom: The biggest balanced budget hypocrisy.
• Pitches for National Debt: The Movie.
• Thom: Are the Republicans committing treason?
• White House: Obama’s PISSED.

Mark Fiore: We are the whirled.

White House: West Wing Week.

The G.O.P. Presidential Lunatic Asylum:

• Young Turks: The Young Barbarians.
• Bill Maher on Palin and Bachmann.
• Maddow: Rick Perry’s sick, intolerant ‘Pastor’ friends
  
• Gay barbarian hordes invade Bachmann’s “pray away the gay” clinic (via Slog):
• Bachmann’s end of the world speech (via ThinkProgress).
• Newsy: Are Bachmann’s headaches a roadblock to the White House?
• Jon: Natural Selection of the GOP primary candidates.
• Stephen: God’s pick for President? Rick Perry
• Olbermann: Right wing blog causing headaches for Bachmann.
• Young Turks: Michele Bachmann’s “headaches”
• Ann Telnaes: Herman Cain on banning mosques.
• Stephen: The biggest fantasy adventures of the summer….
• Maddow: Santorum tries to raise money off his “Google problem”.

Obama calls the International Space Station.

Thom talks to a deprogrammed teabagger.

Allen West’s Letter:

• Young Turks: Allen West (R-FL) loses it!
• Stephen: West’s pithy takedown of Debbie Wasserman Shultz.
• West’s email: The animated version.
• Ed: West is a thug.
• Young Turks: Allen West loses it!
• Wolf and DNC Chair discuss debt deal, Allen West, Romney

Young Turks: Abstinence-only education problem in Texas.

Sen. Smith and Bill-O-the-Clown lose to James Murdoch as Worst Person in the World.

Obama ends DADT.

The ALEC Caper:

• Pap: The truth about ALEC.
• Thom: The secrets of ALEC exposed

ONN: Tensions mount after North Korea destroys all of Asia.

Sam Seder: The Teabaggers don’t pay their debt.

West and Palin lose out to Casino boss Steve Wynn as Worst Person in the World.

News Corpse:

• Ed: Robert Greenwald on Murdoch.
• Pap: Murdoch’s attorney exodus.
• Ann Telnaes: Rupert Murdoch’s humble pie
• Young Turks: Should FAUX News be investigated?
• Ed and Pap: Murdoch’s willful blindness is no defense for criminal conduct.
• Jon: Parliament vs. Rupert Murdoch and David Cameron.
• Thom: Murdochgate is proof that media monopoly doesn’t work
• Liberal Viewer: FOX News crimes?
• Olbermann: PI jailed for phone hacking for NOTW, remains on the News Corpse payroll
• Ed and Pap: The Murdoch criminal defense.
• Jon on how the Murdoch scandal makes FAUX News sad.
• Newsy: Former News Corpse execs. say James Murdoch lied
• Thom: The cancer of infotainment & Murdoch pseudo-news
• Sam Seder: James Murdoch lied?
• Robert Greenwald Analyzes the Murdoch Parliament Appearance.

Thom: Can Republicans get elected without fraud and treason?

Stephen: CA gay history bill.

Sam Seder: Rush claims “It’s not hot—Government trying to fool you”.

Young Turks: FAUX News asks whether there are any poor families in America.

Faggot joke amuses FAMiLY LEADER’s (14-point marriage fidelity pledge) Bob Vander (via ThinkProgress).

Cenk Leaves MSNBC:

• Young Turks: Cenk is out at MSNBC, Part I.
• Young Turks: Cenk is out at MSNBC, Part II.
• Sam Seder: Cenk on leaving MSNBC.
• Olbermann and Cenk on Cenk leaving MSNBC.

Last week’s Friday Night Multimedia Extravaganza can be found here.

If you live in Seattle, chances are you can do most of your errands by walking:

Seattle was ranked as the sixth most walkable city of the 50 largest cities in the US, according to Seattle-based WalkScore.com which rates neighborhoods, cities and states to determine how walkable they are.

The site found New York as the nation’s most walkable city, followed closely by San Francisco. Boston, Chicago and Philadephia were the other states [sic] that triumphed above Seattle in the walkability category.
[…]

The top three walkable neighborhoods in Seattle were Denny Triangle, with a Walk Score of 98, and South Lake Union and Belltown, which both received the high score of 97.

Cool graphic of the Day is this this interactive map of Seattle neighborhood walkability scores. Walkability scores for other Washington cities are found here.

Oh…and this interactive map is runner-up Cool graphic of the Day. It allows you to see walkability scores for cities around the country, and you can restrict it to cities that fall within a desired minimum and maximum population size. Nifty.

– Don’t neglect cities in these tough economic times.

– “We’re all together. We’re all going to jail as a union.”

– Class war

– Carmageddon!!!!!!

– Congrats Japan.

– Jesus’s face pops up on the strangest places.

During his campaign announcement speech, gubernatorial candidate Rob McKenna (R) was all about education. The only problem is…he has no way to fund the pricey stuff he proposed:

“Rob McKenna’s $5.76 billion education plan flunks basic math,” said Aaron Ostrom, Executive Director of Fuse Washington, the state’s largest progressive organization. “He’s trying to fool voters with a smoke and mirrors plan that even he himself has labeled ‘hard to fathom.'”

McKenna made two specific and ambitious spending proposals:

• Doubling higher education spending from 8 percent ($2.56 billion) to 16 percent ($5.12 billion) of the state’s $32 billion budget, an increase of $2.56 billion.
• Growing public education’s share of the budget from 41 percent ($13.12 billion) to 51 percent ($16.32 billion), an additional increase of $3.2 billion.

In total, Rob McKenna proposed $5.76 billion in new spending in just one hour – $600 million more than the budget deficit the Legislature spent nearly five months working to close.

To pay for it, McKenna has two modest proposals…. Regardless of the merits or feasibility of either proposal, combined they would pay for just 13 percent of McKenna’s new spending.

McKenna is also relying on revenue assumptions that don’t pass muster, even with himself. When pushed by several reporters after his speech, McKenna admitted he was also relying on the estimated 13 percent growth in government revenue (approximately $4 billion) for the next biennium.

Big talk…zero chance of realizing it—the math just doesn’t pan out. Man…that McKenna sure has difficulties when it comes to mathematics!

But who do educators actually support? Well, it is a little early to say for sure, but Publicola’s Josh Feit made an interesting observation:

Inslee raised nearly $10,000 from teachers and educators—not the union, just individual teachers, about 30 of them. McKenna has raised just $850 from teachers, a low number for a candidate who’s stumping on education issues.

Two hypotheses:

1. Educators find Jay Inslee to be the more appealing candidate, and we might expect a roughly similar 10:1 ratio of donations from educators to Inslee:McKenna in the future.
2. It’s a one-time anomaly. Inslee’s just received a transient surge of donations from appalled math teachers.

Which one is right? Beats the hell out of me. I report, you decide.

Sen. Patty Murray (D-WA) tells the Republicans to stop acting like children because otherwise real people are going to get hurt:

“The possibility that seniors could be denied Social Security benefits is frightening,” Murray said. “Rather than accuse the President of scare tactics, my Republican colleagues should tell the extreme voices in their own party that it is time to act responsibly.”
[…]

“Senate Republicans have put us in this position by walking away from every attempt at finding a long-term solution to our national debt….They continue to deny that their irresponsible actions will have real consequences for the American people. This is not about bumper sticker politics. This is about real people, who could be hurt if Republicans fail to act reasonably and responsibly.”

In the mean time, presidential wannabe Michele Bachmann says both stupid and crazy things:

“This is a misnomer, that I think the President and the Treasury Secretary have been trying to pass off to the American people, and it’s this: that if Congress fails to raise the debt ceiling by $2.5 trillion that somehow the United States will default and we will lose the full faith and credit of the United States…”

“That is simply not true. Revenue will continue to come in to the United States Treasury. It’s merely the President’s obligation and the Congress’s to make sure that the interest is paid on the debt. We’re grateful that revenues are sufficient to be able to pay interest on the debt.”

This is stupid, on one level, because of Ms. “J.D. from Oral Roberts University” mistaken use of “misnomer”. A “misnomer” is an error in naming something, whereas I suspect she wanted to use the word “misunderstanding.”

But it is stupid on another level by the fact that she is misinformed. Since mid-May the U.S. Treasury has been tapping its fiscal buffers—shifting money around between its bank accounts and delaying pension contributions—all this so that the government’s bills get paid.

In August, the buffer runs out. The government will have to borrow money in order to pay all of its bills, because revenues will fall substantially short of the bills owed. And there are no more buffers.

Sure…we can pay military families, pay service on the debt, and a few other things. But about 1/2 of the Government’s bills will go unpaid as of Aug 2. The LA Times runs down the numbers:

In August, the government is expected to collect about $172 billion in revenue and will face about $307 billion in bills, according to an analysis by the Bipartisan Policy Center, a Washington think tank. So, in theory, the government would have the money to pay a little more than 55% of its bills during the month. But which bills to pay? Interest on existing debt comes to just under $30 billion, Social Security checks are $50 billion, Medicare is another $50 billion, payments to military contractors for weapons, fuel and other costs comes to $32 billion and salaries for active-duty military personnel come to about $3 billion. Add in unemployment benefits ($13 billion for the month), and the government would already have run out of money without paying a single civilian employee or running any of its domestic programs, including courts, disaster relief, national parks, veterans benefits or welfare programs.

However you slice it up, some bills will not get paid, and a lot of people will be hurt in the process.

A second, and perhaps the worst, effect will be the long-term impact on bond interest rates:

The federal government has been able to borrow money at very low interest rates because investors around the world look at U.S. government securities as a very safe place to put their money. If the government’s ability to pay its bills came into question, the people who buy bonds almost certainly would demand a higher interest rate. That would ripple quickly through the economy. In a letter to Congress and the president Tuesday, the Business Roundtable, Chamber of Commerce and other business leaders warned: “Treasury securities influence the cost of financing not just for companies but more importantly for mortgages, auto loans, credit cards and student debt. A default would risk both disarray in those markets and a host of unintended consequences.”

Bachmann’s error is believing that a failure to pay your bills on time doesn’t affect your credit rating.

That belief is ignorant. And that ignorance poses a clear danger to our country.

The King County Young Republicans met at the North Bellevue Community Center last night to hear Rob McKenna speak. It didn’t go as planned.

The event was held in a public venue, advertised openly, and had a speaker who represents the state as an elected official and is also a high-profile public candidate.

Zach Wurtz, a videographer for the Washington State Democrats, who, I suspect, has been hired to record all of McKenna’s public appearances, showed up to record McKenna.

McKenna stopped and asked the man who he was with. The man gave his name, Zach Wurtz, and said he was with the Washington State Democrats. The Young Republicans club president, Jennifer Fetters, asked him to leave. Nope. McKenna told Wurtz to turn off the camera. Wurtz refused. McKenna’s voice got sharper, “Turn it off. Now!”

After further intimidation didn’t succeed in shutting down Wurtz’s camera, the cops were called. They took a long time to get there.

In the mean time…

McKenna stepped outside by the cupcake table.

Really?!? He escaped the scary video man by seeking safe harbor at the “cupcake table”? That’s simply precious!

One big advantage that McKenna has over Dino Rossi is that he’s far more adorable! I mean, you have to admit, retreating like a frightened boy to the cupcake table is a lot more endearing than, say, putting your goons to work on the videographer. So good call on the cupcake table, Rob.

McKenna apparently realized that he could not prevent the recording of political activity in a public place, because he never gave his speech.

Question: Why the hell couldn’t McKenna give his talk in the presence of “the enemy.” What’s he hiding? Was McKenna prepared to tell the Young Republicans things that he could never say to the general public?

Is McKenna, say, talking like Wisconsin Governor Scott Walker behind closed doors, and then goes all smiles and cupcakes before the general public?

And what is this bullshit about not being video tapped? It’s now routine for campaigns to shadow each other. McKenna and Inslee should expect that all of their appearances will be recorded, scrutinized and, if something controversial is said, publicized.

Deal with it, Rob! You won’t always have a cupcake table to fall back on.

The Publicola story points out that Wurtz was forcibly removed from McKenna’s announcement press conference. Goldy was denied admission as well in his role as a reporter for The Stranger.

Knock it the fuck off! The “friendly room” strategy didn’t work for Rossi, and it isn’t likely to work for McKenna, either.

I can’t get enough of these sorts of US history/civics quizzes. But this one is not right.

15. Under our Constitution, some powers belong to the states. What is one power of the states? (Five possible answers.)

The answer:

15. Provide schooling and education, protection (police), safety (fire departments), give a driver’s license, approve zoning and land use

I’m pretty sure driver’s licenses aren’t addressed under the Constitution. I understand that the question is really, “name some stuff states do.” But why bring up the Constitution in the question?

Today the 6th Circuit Court of Appeals upheld the constitutionality of the Affordable Healthcare Act.

The court ruled on two of the most important substantive issues that have been raised in dozens of other lawsuits. The first is whether the law falls within the interstate commerce clause of the Constitution:

…the breadth of the substantial effects doctrine and the nature of modern health care favor the validity of this law. No matter how you slice the relevant market—as obtaining health care, as paying for health care, as insuring for health care—all of these activities affect interstate commerce, in a substantial way.

The second question is the constitutionality of the insurance mandate:

Does the Commerce Clause contain an action/inaction dichotomy that limits congressional power? No—for several reasons. First, the relevant text of the Constitution does not contain such a limitation. To the extent “regulate,” “commerce,” “necessary” and “proper” might be words of confinement, the Court has not treated them that way, as long as the objects of federal legislation are economic and substantially affect commerce.

And look who wrote the opinion:

Judge Jeffrey Sutton is a George W. Bush appointee and a former law clerk to conservative Justice Antonin Scalia. He served as an officer in the conservative Federalist Society’s Federalism and Separation of Powers practice group, and was one of the nation’s leading crusaders for expanding the role of the states at the federal government’s expense.

This ruling is significant as it is the first of four pending decisions from Circuit Courts of Appeals on Obamacare. This case originated in the E. Michigan District court as Thomas More Law Center v. Obama in which Judge George Caram Steeh dismissed the lawsuit on the merits. The 6th Circuit Court has now upheld that decision.

There are so many pending lawsuits against the Affordable Healthcare Act that it is difficult to get the big picture. I spent part of this morning trying to get my head wrapped around them. Here is what I came away with.

Besides today’s ruling, there are four other lawsuits at the Circuit Court level.

One of the pending decisions is Florida v. HHS that includes 26 state Attorneys General, including our own Rob McKenna. The law was found to be unconstitutional by Florida District Court Judge Roger Vinson. The ruling was appealed to the 11th Circuit Court of Appeals, and arguments were heard earlier this month.

Additionally, there are two cases pending in the 4th Circuit Court of Appeals: Virginia v. Sebelius and Liberty University v. Geithner. The former began in the E. Virginia District Court where Judge Henry E. Hudson ruled the law unconstitutional. The latter began in W. Virginia District Court where Judge Norman K. Moon ruled the law constitutional.

The only other ruling on the merits from a District Court comes from Seven-Sky v. Holder heard in the D.C. District court. Judge Gladys Kessler found the law constitutional. The appeal before the D.C. Court of Appeals awaits oral arguments that will take place no earlier than August.

Those are, so far, the only cases where a decision has been made on the merits. The score so far:

• District Courts: constitutional 3; unconstitutional 2
• Circuit Courts: constitutional 1; unconstitutional 0

There are several other cases before Courts of Appeals, New Jersey Physicians v. President just argued in the 3rd, Baldwin v. Sebelius in the 9th that will be argued in July, and Kinder v. Geithner in the 8th that will be heard no earlier than August. My understanding is that these cases were dismissed for lack of standing (not merit), so that a ruling in favor of the the plaintiff would simply send the case back to the District court for a ruling on the merits.

There are six or seven other cases at the District Court level at various stages of litigation. It seems like many of these will be dismissed for lack of standing, but rulings on the merits may well arise from some of them.

Today’s decision is a Big Fucking Deal in that a Judge with a very conservative record authored the majority opinion against the two main “theories” found in many of the other lawsuits. The decision will be binding on one of the current District Court cases, and will likely be be used as an advisory precedent in other cases.

Finally, here in Washington, this decision must be considered something of a blow to gubernatorial candidate Rob McKenna (R), who went against the wishes of the Governor and a majority of the people (e.g. the March 2010 Washington Poll) by participating in the AG lawsuit (Florida v. HHS). Indeed, a recent SurveyUSA poll found that 40% of those polled were less likely to support McKenna compared to 36% more likely to support McKenna because of the lawsuit. A loss will make McKenna’s participation look like a quixotic waste of time and resources.

Via KING5:

Washington Secretary of State Sam Reed is announcing this morning that he will not seek re-election when his term ends in 2012.

That makes three open statewide races (Governor, SOS, and AG) in a year for which turn-out will be high on account of the the presidential race. Conventional wisdom would give a boost to the Democratic candidates because of the higher turnout.

Will conventional wisdom hold for 2012? Or will a “throw the bums (i.e. Democrats) out” mentality shake things up in favor of Republicans? Unlikely. First off, the SOS and AG positions are currently held by Republicans. For the gubernatorial race Chris Grygiel argues that Rep. Jay Inslee (D-WA-01) doesn’t look like the insider:

Voters nationally – and to a certain extent locally – have expressed a strong “throw the bums out” mentality. They seem to be willing to give newcomers a chance. So how can Inslee, a longtime incumbent, beat the “bum” rap? He’ll be new to voters outside of the two Congressional Districts where he’s held office. Again, conventional wisdom says McKenna has the edge because he’s won statewide office twice – Inslee never has. But another way of looking at that is voters haven’t had a chance to get sick of Inslee yet.

And, of course, McKenna is an Olympia insider….

Finally, State Senator Jim Kastama (D-Puyallup) has announced on his blog that he is running for SOS:

Today, Kastama confirmed he would seek the office of Washington State Secretary of State. Kastama will make a formal public announcement at the Puyallup City Hall 25th district legislative reception on July 5th at 6:00 pm.

Fun stuff!