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If I told you at the start of the legislative session that there was a large hole in the budget and that there were 2 or maybe 3 possibilities to fix it, you’d probably think the moderate thing to do would be pick some of each of the ways available. Moderates might, to use less vague terms, want some tax increases and some spending cuts while they looked at ways to deficit spend through the downturn. Moderate the pain of tax increases with spending cuts and moderate the pain of spending cuts with tax increases. Yet somehow in our state, the people who want all cuts get to claim moderate status. Take the Trib editorial board, for example:

The spending plan, unveiled jointly by Democrat and Republican budget writers, was a feat of compromise. Working across the aisle, lawmakers were able to stave off the cruelest of options for filling the state’s $5 billion shortfall.

“Reduce, but not eliminate” was their guiding mantra. Legislators saved the Basic Health Plan, but continued the freeze on enrollment. They preserved access to state health insurance for immigrant children, but tightened eligibility.

Pain but not death. When so much pain could have been avoided, that’s still moderation. Sure not letting people into Basic Health will be disaster, but otherwise, we’d have to consider cutting tax breaks for out of state banks. You guys, we can’t do that and be moderate, can we?

It carves 22 percent out of the higher education budget, but gives universities the authority to set their own tuition. It cuts funds for teacher pay, but only commensurate with the hit state workers are taking and without freezing longevity pay.

It makes it tougher to educate the next generation. It decides that the best way to attract new teachers is to cut their pay. In a time when American manufacturing is on the decline and a college education is more important than ever, it makes one harder to obtain. But at least there’s still a tax break for bull semen.

The budget is equal-opportunity agony, with the priority where it should be – basic human necessities – and the responsibility for its tough choices shared by both parties.

Except for the tough choice to close multiple loopholes. That was only one side. And even though it would have eased the pain, it would be partisan. Therefore not moderate. Therefore bad.

Anyway, then they go on to say that making the workers’ comp system more corporate friendly is also a victory for moderates. Because blindly giving more power to employers is moderate. I don’t think every moderate decision is necessarily the right one (I don’t think I’m going to convince anyone that a 70% high earner’s income tax is moderate, for example). But I wish the ed boards across the state at least had the courage to call the extremism they’re pushing what it is.

Obama’s approval has hit a 16 month high at 53% approval to 41% disapproval.

Another poll finds Gov. John Kasich (R-OH) ” the least popular Governor in the country”, tied with Gov. Rick Scott (R-FL):

The furor over Senate Bill 5 [an anti-collective bargaining bill] was one of the main events precipitating Kasich’s decline and voters in the state continue to strongly favor repealing it.

Another poll finds Florida’s Scott in dire straights:

Florida voters disapprove 57 – 29 percent of the job Gov. Rick Scott is doing, the worst score of any governor in the states surveyed by Quinnipiac University and down from a 48 – 35 percent disapproval in an April 6 survey, according to a Quinnipiac University poll released today.

Man…voters going sour on Republicans in Florida, Ohio, and Wisconsin?!? The next thing you know, pundits and media alike will take up the debate of whether 2012 is going to witness Obama win or an Obama landslide.

The Senate has voted down the house budget blueprint (a.k.a. the Ryan budget, a.k.a. the bill to kill Medicare as we know it) today:

A handful of Republicans — Sens. Susan Collins (Maine), Olympia Snowe (Maine), Scott Brown (Mass.), Rand Paul (Ky.) and Lisa Murkowski (Alaska) — joined Democrats to reject the House budget, 40-57. Paul voted against it because Ryan’s plan still adds $8 trillion to the debt over the next decade.

I wonder why the others voted against it? Perhaps because they want to be reelected….

(H/T Slog.)

Well…at least one bold Republican is doubling down on Ryan’s plan…after a major display of flip-floppery. That would be Newt Gingrich:

Less than two weeks after he condemned Paul Ryan’s Medicare plan as “right wing social engineering” Newt Gingrich is rallying support for the budget chair’s proposal in Congress.

Does anyone else get the feeling that Newt is perpetually lagging by about three news cycles?

A couple of months ago some prescient political analyst filthy liberal blogger suggested a way to provoke a constitutional test of the I-1053 two-thirds majority:

Here’s how it works. Declare that the projected revenue shortfall, following a biennium where spending has already been cut to the bone, makes it impossible for the legislature to pass a budget that lives up to the spirit of Article IX, Section 1 of the State Constitution:

It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.

The constitutional requirement of “ample provision for education…” simply isn’t happening.

Article IX, Section 3 gives lawmakers broad authority to do what is needed to fund education. If we cannot provide “ample” funding for education via existing taxes, lawmakers should provide short-term revenue for education through the repeal of tax preferences, using a simple majority to pass the legislation.

The mandate and the authority to accomplish it as spelled out in the Constitution trumps a law enacted through the initiative process. If Republicans believe the law trumps…they can sue.

And look at what just happened (via Publicola):

Late last night, the state house Democrats forced a floor vote on Rep. Laurie Jinkins (D-27, Tacoma) bill to repeal an $83 million bank loophole and shift the money to K-3 class size reductions. While the Democrats needed a two-thirds majority and only got 52 votes (it was 52-42 in a straight party line vote), the losing vote wasn’t just a symbolic effort to embarrass Republicans for voting against kids and for banks.

PubliCola has confirmed that the Democrats took the vote to set up a formal court challenge to I-1053, the rule that requires a two-thirds vote to raise taxes.

As Publicola explains, the Democrats followed some procedures required by the state Supreme court in their dismissal of I-960. In other words, the Dems removed one important way for the Supreme court to weasel out of making a decision on the constitutionality of such initiatives.

I-1053 may well get its day in court. Who knew the House Dems had it in ’em?

With 462 of 627 precincts reporting, the AP has called it: Kathy Hochul (D) beats Jane Corwin (R).

Current tally is 48% Hochul (D) and 42% Corwin (R).

Update: President congratulates Hochul:

“I want to extend my congratulations to Congresswoman-elect Kathy Hochul for her victory in New York’s 26th Congressional District. Kathy and I both believe that we need to create jobs, grow our economy, and reduce the deficit in order to outcompete other nations and win the future. Kathy has shown, through her victory and throughout her career, that she will fight for the families and businesses in western New York, and I look forward to working with her when she gets to Washington.”

I know it’s not on the tunnel itself, but on the process. Still, Seattle will get to have at least a proxy vote on the tunnel.

Acknowledging that the issue before the voters is limited to whether the city council has the right to accept the agreements by notice, and that it “does not resolve the issue of whether or not there is going to be a bored tunnel,” Middaugh said that nonetheless, “The overriding goal is to make sure that the voices of the people are heard when a policy decision is made.”

“The people of the city of Seattle have the right to be involved in that process.”

However, Middaugh said, “No matter what happens today, this decision is not a referendum on whether we’re going to have a tunnel or not. … It is a decision about how you make that decision about whether we’re going to have a tunnel or not.”

The section of the ordinance Middaugh said can go on the ballot, known as Section 6, delegates authority to the city council to issue a notice to proceed on the tunnel after the final environmental impact statement is adopted.

It should be a good campaign. And, of course as good a reason as any to lift the cost overrun provision. Also, hint hint.

NARAL Pro Choice Washington is pushing a bill in the special session to expand family planning services to 250% of the poverty line (it’s currently 200%). I’d like it to be for 100% of Washingtonians who want it, but this is a step in the right direction. It passed the state senate earlier this week, and has a hearing in the state house tomorrow. From their press release:

“This legislation is critical for women’s health,” said Lauren Simonds, executive director of NARAL Pro-Choice Washington. “In our current budget environment, expanding low-income women’s access to family planning care is a no-brainer. SB 5912 will save the state money, starting in the same biennium.”

“NARAL Pro-Choice Washington would like to thank the 30 senators from both parties who stood up for women and families and voted for this legislation,” she added.

Family planning funding is a smart investment. By increasing eligibility in the Take Charge program, the Medicaid Purchasing Administration’s most conservative estimate indicates net savings of at least $3.5 million over the coming biennium.

It has a hearing scheduled for the Ways and Means Committee tomorrow morning. You might want to see if you have a representative on the committee, and give them an email if you do. In this horrible budget cycle, there’s a chance for something positive.

Who could have guessed that sending far-right Republican ideologues to Congress would backfire for the people who need government programs like Medicare:

Rep. Jaime Herrera Beutler (R-WA) came face to face with this growing movement at a town hall in Vancouver, Washington last night. Dozens of protesters encamped outside the meeting, waving signs like “Save Medicare: Tax the Rich.” When she tried to defend her vote on the GOP budget that would effectively privatize Medicare, “a chorus of boos and catcalls and shouts of ‘liar’ erupted in the auditorium.” The congresswoman was repeatedly called out by what the local press called a “rough crowd.”

It amazes me that there are people out there who voted for Herrera Beutler, but are now surprised that she’s voting to take away Medicare. What the hell did you expect? What part of Republican governance for the past 30 years hasn’t been clear? Modern Republicans don’t think government should provide safety nets to you any more. That means no Medicare, no Social Security. It means if you didn’t make enough money over your life – or if you’re one of those unlucky souls who gets a long-term illness that costs lots of money to treat – you need to look in the mirror and ask yourself why you didn’t have a good enough stock portfolio.

– I know I’m just a filthy hippie blogger or whatever. Sure HA has accused people of fucking pigs. But at least none of us have given an elected official the TMZ treatment. As the kids say, time for a blogger ethics panel.

– Nixon is Fixin’

– Another reason why Seattle should fish or cut bait on White Center annexation. I hope they keep both libraries open (h/t Ivan on Facebook).

– Vulnerable User Bill signed!

– Hexapod Haiku! (h/t)

This is comical:

Kentucky Republican Senator Rand Paul said during a Health, Education, Labor and Pensions Committee hearing Wednesday that those who believe in a right to healthcare actually believe in slavery.

…

“Basically, once you imply a belief in a right to someone’s services — do you have a right to plumbing? Do you have a right to water? Do you have right to food? — you’re basically saying you believe in slavery.”

In this country, we have a right to be tried by a jury of our peers. We also have a right to a defense attorney. These are widely accepted rights that no one questions. Yet, to Senator Paul, serving on a jury is slavery, as well as being a public defender.

There’s been another flurry of activity with the medical marijuana mess. Here’s some of the latest news:

– A new bill, SB 5955, has been introduced. This bill crafts rules around “nonprofit patient cooperatives”, limiting them to 10 members. It also allows for local jurisdictions to ban them if they so choose.

– The bill requires that each cooperative register with the Secretary of State’s office. This once again illustrates the point that Gregoire’s fear-mongering over state employees being arrested was nonsense. Having state employees do this is no different than anything that was in the original bill. I can only guess at why the governor felt she had to lie in order to force this bill to be written exactly as the police and prosecutors wanted.

– The CDC is outright opposed to the bill, and it’s not likely that the Washington Cannabis Association will support it either. Both organizations are concerned that these patient cooperatives will end up banned in most of the state, and therefore all of these coops will be based in Seattle. There’s no accurate count of how many medical marijuana patients there are in Washington, but many believe that it’s more than 50,000. If that’s the case, at 10 people per coop, this bill would attempt to concentrate that entire distribution network throughout 5,000 private homes. That’s simply assinine.

– On the legal front, Attorney General Rob McKenna’s office replied to Rep. Roger Goodman and 14 other House Representatives hoping to get some clarity on the medical marijuana situation. The response was a dodge, as McKenna essentially refused to provide an opinion at all on the three questions. Goodman released a brief statement today saying:

I am disappointed by Attorney General Rob McKenna’s non response to the questions that I and other lawmakers posed.

Voters approved medical marijuana. People with cancer and other diseases rely on it.

And we deserve honest, candid answers from our state’s attorney general about new legislation and the legitimacy our state’s law with respect to the federal government.

But the answers we got back weren’t answers at all. McKenna delegated a staffer to give us back page after page that said nothing.

McKenna’s refusal to weigh in on this is not very surprising. His longstanding views on medical marijuana only serve to exacerbate his hypocrisy when it comes to the Affordable Care Act, and I wouldn’t expect him to throw any more logs on that fire.

– The ACLU sent a letter to Attorney General Holder asking him to clarify that nothing has changed with Obama Administration policy and that states who regulate medical marijuana will be left alone. As this relates to the legislation here in Washington, however, this seems irrelevant. As I mentioned above, Governor Gregoire clearly isn’t all that worried about state employees dealing with medical marijuana. The new bill still has state employees dealing with medical marijuana. And even long before this session, the state Department of Revenue launched a statewide effort to collect taxes from dispensaries. In fact, Ben Livingston mentioned that when this was brought up in a closed-door session among the stakeholders, the folks from the governor’s office were caught off-guard by that fact. They didn’t even seem to know that was happening.

This talking point about state employees being arrested first came up back in February out of the mouth of Christopher Hurst, whose mouth is permanently loaned out to the police and prosecutors of this state. This bullshit about state employees being at risk appears to have been the plan for police and prosecutors to scuttle this thing all along. And sadly, we have a governor who just so happens to be stupid enough to fall for it.

HorsesAss is no longer a toddler…at seven, it has entered its childhood years.

It all started on May 10th, 2004, with a post titled Comedy is easy, politics is hard. (This is one of the rare instances where Goldy ended his title with a full stop.)

Last year, a reporter asked me why I thought so many people were willing to donate time and money to what was obviously a joke initiative. I glibly replied that politics was boring, and that my “horse’s ass” initiative gave people the opportunity to get involved, while having a little fun at the same time.

Washington state politics is particularly boring — oh not just because it’s full of numbers and legalese and the usual wonkish stuff like that — but because we happen to be blessed with some of the most boring politicians in the nation. There’s a reason a lying, thieving, blowhard like Tim Eyman commands so much media attention: he’s an interesting lying, thieving, blowhard.

Goldy goes on to explain how the relaunch of Horsesass.org as a blog was to create a playground for the puckish Goldy, rather than the serious (and somewhat boring) David:

Now I know some might find this split between the politically prankish Goldy and the politically earnest David a little arbitrary… or even weird. So to those upstanding members of the political and media establishment who insist I cannot possibly expect to maintain my credibility as an activist while producing an irreverent and outrageous blog, the Goldy half of me respectfully says: “fuck you.”

Of course, the David half of me effusively apologizes for what the Goldy half just said. There’s absolutely no excuse for that kind of language, and given the opportunity David might attempt to explain to this “haughty, humorless prick” (my words, not his) that he should excuse Goldy as a sort of stage persona, somewhat like Tim Eyman, who publicly portrays himself as a lying, thieving, blowhard, but who in the comfort of his own home, rarely steals anything. David might also privately intimate that Goldy has the emotional maturity of a 13-year-old, and amuses nobody but himself. Or perhaps that he’s insane.

(Or maybe just a tad bit schizophrenic?)

Ahhh…yes. Goldy’s first post and a fuckiferous one at that.

HorsesAss has definitely left its mark on politics, beginning with Goldy’s level-headed and prescient analysis of the Gubernatorial election contest, his investigative post on David Irons’ hands, the post about FEMA cronyism
that exposed the incompetence of the Bush administration and their response to Katrina, the sad story of former Commissioner of Public Lands Doug Sutherland’s well documented sexual harassment of a young DNR employee, and so much more.

Goldy now writes for The Stranger, which is good for Goldy, but maybe not so good for HorsesAss. Speaking for myself…politics and comedy can be damn hard! I know, I know…it shows.

These seven years have produced 9,270 posts, or an average yield of 3.6 posts per day. That’s a lot of bloviating and muckraking!

A defining characteristic of HA has been its comment threads. Early on, HA became a troll magnet, sucking up all of the natsy, stupid, lameass, or just downright crazy wingnut kookballs from the rest of the regional blogosphere (and beyond). Comment threads on other blogs around here were relatively clean as the nutcases got their excretory relief by repeatedly shitting in the HA comment threads.

To date there are about 479,200 comments, averaging a remarkable 52 comments per post. Clearly, the comment threads have served as a creative or emotional outlet for a great number of people beyond the trolls. As a writer, I do draw inspiration from the comment thread participants. Your thoughtful comments have enlightened me and helped me understand issues better. Though I am reluctant to admit it, I sometimes write for the trolls—usually to induce apoplexy cum froth. And my efforts are frequently rewarded with the intended reaction. So thank you readers, comment thread participants and even you asshole trolls!

The seventh Blogoversary of HorsesAss is a celebration for us all!

The world’s worst editorial board just barfed all over the internet again. Let’s see if we can tally up the inaccurate statements and complete nonsense in their latest embarrassment.

Washington’s carefully restricted policy on medical marijuana – enacted by voters in 1998 – got along fine for 10 years without attracting much notice from the U.S. Justice Department.

No, it didn’t. In fact, it got along so poorly that most patients struggled to find a reliable source of medicine, patients who tried to grow for themselves often got fucked, and those who tried to provide for others out of a sense of compassion were putting themselves at significant risk. The law was a gesture of compassion by voters that was never followed up with a workable system.

[Read more…]

As I’ve mentioned, I’m currently doing a lot of work with Sensible Washington and the I-1149 campaign. Here’s their latest press release, which I put together:

Last week, Governor Gregoire dealt a huge blow to tens of thousands of Washington’s most vulnerable citizens. By partially vetoing the proposed medical marijuana bill, the governor shut down a slowly emerging industry that was providing safe access to medicine for cancer and AIDS patients, multiple sclerosis sufferers, and those dealing with severe pain. As a result, criminal gangs are now poised to reclaim the market, bringing more violence to our streets, greater dangers to our children, and making it unnecessarily difficult for the sick and terminally ill to get the medicine that their doctors authorize. The governor’s stated reason for leaving us in this mess was that she feared the federal government’s response.

Fifty years ago, the Civil Rights Movement saw the federal government use its power to overturn injustices being carried out by the states. Today, the fight for sane and sensible marijuana laws has turned that dynamic on its head.

You can read the rest here. Sensible Washington is really the only reform effort happening this year, so if you want to see change soon, now’s the time to get involved.

Sen. Maria Cantwell (D-WA) is facing re-election and a new Elway poll takes the pulse of the electorate. Josh at Publicola writes.

First the bad news for U.S. Sen. Maria Cantwell, who’s up for reelection next year: A new Elway poll finds her “Job Performance” rating at 52 percent “negative” to 42 percent “positive.” (It was nearly the exact opposite in 2005, also a year out from reelection, when her numbers were 52 positive vs. 38 negative.)

The good news?

The GOP doesn’t have any promising challengers. In Elway’s imaginary open primary against a batch of Republicans including: U.S. Rep. Dave Reichert; former KIRO TV anchor Susan Hutchison; Tea Party activist Clint Didier; and Port Commissioner Bill Bryant—Cantwell wins big with 47 percent of the vote.

And that pretty much guarantees Cantwell a spot on the November ballot.

You may recall that Cantwell beat Mike McGavick 56.9% to 39.9% in 2006. Clearly, she can do a lot worse in 2012 and still come out on top. And as flawed as McGavick was, it is not clear that the Republicans have anyone better in the wings. Let’s explore some other polling results for Cantwell in order to better frame the Elway poll.

Survey USA has collected a series of polls from May 2005 until the last poll taken from 16-18 April 2011:

On May 10 of 2005, the first poll on the graph, Cantwell had an approval of 45% and a disapproval of 35%. The most recent poll has her at 49% approval to 40% disapproval. The spread is about the same, but her approval and disapproval are higher in the recent poll because there are fewer undecided folks now.

Clearly, after that May 2005 poll, Cantwell’s approval increased dramatically and stayed relatively high until the Summer of 2009. Since then Cantwell’s approval has been more volatile. Six of the last 20 polls since then show her with higher disapproval, but with an overall trend of a higher approval. And given the absence of a strong opponent on the horizon, I am simply unwilling to fret over a single Elway Poll….

Fifteen State House Representatives, led by Roger Goodman, have sent Attorney General Rob McKenna a letter asking him to weigh in with his opinion on the recent furor over Governor Gregoire’s partial veto of the medical marijuana bill. The legislators would like to know McKenna’s official opinion on the following three things:

1) Where the federal Controlled Substances Act prohibits state activities that create a “positive conflict” between state and federal laws (see 21 U.S.C. Section 903), would the exercise of our state’s (and its instrumentalities’) regulatory, licensing and zoning powers related to cannabis cultivation, processing and dispensing, as set forth in SB 5073, create a “positive conflict” with federal law, even where no state employee would be required to engage in specific activities that are prohibited by the Controlled Substances Act?

2) What is the likelihood, in consideration of current federal policy respecting individuals whose actions are “in clear and unambiguous compliance with existing state laws,” (see so-called “Holder Memorandum” of 10/29/09) that Washington state employees would be subject to federal criminal liability for activities to implement the cannabis cultivation, processing and dispensing system as set forth in SB 5073, where no such comparable federal criminal liability has ever been attached to any state employees in the past and where state employees’ activities in this case would fall far short of “aiding and abetting” the violation of federal law?

3) How enforceable is Washington’s medical cannabis law in general and what is the permissible extent of Washington’ police power to protect the health, welfare and safety of the people in the face of the absolute federal prohibition of cannabis?

The first two parts of this letter focus on the main excuse Governor Gregoire has used to justify her partial veto. She continues to claim – despite UW law professor Hugh Spitzer’s dismissals – that state employees are at risk of arrest for regulating the industry.

It’s been brought up several times that other states regulate marijuana production distribution without any problem. This is far from secret. In fact, in a recent episode of CNBC’s “Marijuana Inc” series, you can see one of those state employees at work. Go to the 10:30 mark of the following video to see a Colorado state employee – a former narcotics officer, no less – doing exactly what Christine Gregoire says her state employees will get arrested if they do.

In response to the growing awareness that Gregoire’s stated reasons for the partial veto are fiction, she’s now claiming that the policy under Obama has changed recently. But as Dominic Holden points out, Western Washington’s U.S. Attorney Jenny Durkan disputes that. The Obama Administration won’t go after folks who are in compliance with state law. Goodman’s letter to McKenna is an attempt to have the Attorney General weigh in to provide some clarity in this mess.

UPDATE: Dominic Holden has more analysis at Slog.