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The full faith and credit clause of the U.S. Constitution was designed to avoid the potential absurdities and uncertainties, by requiring the states to credit the “public acts, records, and judicial proceedings of every other state.” Before DOMA, states mostly went along with this sensible uniformity.

But there is historical precedent for one state strongly objecting to a sister state’s marriage laws.  States that forbade interracial marriages often refused to recognize such marriages from other states. That lasted until the Supreme Court declared all bans on such unions unconstitutional in 1967, in Loving v. Virginia. 

It’s safe to say that Pennsylvania won’t be citing the interracial marriage bans to justify its declaration that Palladino and Barker’s marriage is void. But what will Gov. Corbett say? What public policy can he invoke? It’s hard to imagine how the governor can come up with a rationale that’s any better than the justifications for DOMA that the Supreme Court rejected as legislative gay-bashing.  In 2013, simple dislike or disapproval of gay and lesbian couples isn’t good enough, legally speaking.

If Palladino and Barker win, and Pennsylvania has to recognize their marriage, the state still won’t have to authorize its own same-sex weddings. But that will soon become a distinction without a difference. Pennsylvania couples can plan their destination weddings in all of New England, New York, Delaware, Maryland, and D.C.—and head home knowing that their marriages are also legal and binding in the state of Pennsylvania. And once this strategy catches on around the country, we’ll have gay couples living with the same rights and protections as straight couples everywhere—even if some states continue to pretend otherwise.

http://www.slate.com/articles/news_and_politics/jurisprudence/2013/10/the_pennsylvania_lawsuit_with_the_best_chance_of_toppling_state_laws_against.html

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The reason the tea party caucus isn’t willing to compromise is because there’s no pressure on them to compromise. Their constituents are as crazy as they are. They want the safety net slashed, taxes cut, the EPA put out of business, and the Fed eliminated. They believe that Obamacare is the thin edge of the wedge that’s driving America into decline and ruin. They believe this so strongly that they’re willing to do anything to turn the country around. If that means government shutdowns and financial panic, so be it.

But why? There’s always been a faction of right-wing craziness in America. It’s part of our DNA. But how did it become so widespread? The usual answer involves the rise of conservative think tanks, conservative talk radio, Fox News, the Christian right, and racial resentment toward a black president. And maybe that’s it. Somehow, though, it doesn’t feel quite sufficient. But if it’s not, then what’s going on? What’s happened over the past decade or two to spin up so many Americans into a blind rage?

Complaining about tea party congressmen misses the big picture. The problem is the people who voted them into office. What happened to them?

http://www.motherjones.com/kevin-drum/2013/10/tea-party-blind-rage

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The entire premise of shutting the government down over Obamacare is that shutting the government down is bad and has bad consequences. The consequences were supposed to be so bad that Democrats flinch from the horrors being inflicted on the American public and agree to repeal the Affordable Care Act. For that to work, two things need to be the case. The first is that middle-class people must suffer from the absence of government services. The second is that middle-class people must turn their rage against the uninsured and demand the repeal of Obamacare rather than turning their rage against Republicans.

The problem for Republicans is that the shutdown is clearly—obviously and unambiguously—their fault, so the public’s rage is much more likely to turn against them.

http://www.slate.com/blogs/moneybox/2013/10/01/small_batch_appropriations_plan_new_gop_idea_makes_no_sense.html

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“The House speaker, John Boehner, won’t bring “a clean C.R.” — that is, a continuing resolution without any of the anti-Obamacare language — not because it won’t pass, but because it probably would, which would infuriate the Tea Party wing of his party and jeopardize his leadership post. Indeed, as Boehner well knows, many House Republicans do not want the government to shut down and would probably vote for the Senate’s clean bill if given half a chance. Their unwillingness to speak out against the extreme faction in their party is shameful. And it’s tragic that, at a time when the House desperately needs a strong speaker, it has John Boehner instead.”

http://www.nytimes.com/2013/10/01/opinion/nocera-those-banana-republicans.html?ref=todayspaper

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Financial markets have long treated U.S. bonds as the ultimate safe asset; the assumption that America will always honor its debts is the bedrock on which the world financial system rests. In particular, Treasury bills — short-term U.S. bonds — are what investors demand when they want absolutely solid collateral against loans. Treasury bills are so essential for this role that in times of severe stress they sometimes pay slightly negative interest rates — that is, they’re treated as being better than cash.

Now suppose it became clear that U.S. bonds weren’t safe, that America couldn’t be counted on to honor its debts after all. Suddenly, the whole system would be disrupted.

http://www.nytimes.com/2013/09/30/opinion/krugman-rebels-without-a-clue.html?ref=todayspaper

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We’ll refrain from deliberately sabotaging the global economy, Speaker John Boehner and the other leaders said, if President Obama allows more oil drilling on federal lands. And drops regulations on greenhouse gases. And builds the Keystone XL oil pipeline. And stops paying for the Consumer Financial Protection Bureau. And makes it harder to sue for medical malpractice. And, of course, halts health care reform for a year.

The list would be laughable if the threat were not so serious. A failure to raise the debt ceiling would cause a default on government debt, shattering the world’s faith in Treasury bonds as an investment vehicle and almost certainly bringing on another economic downturn. Unlike a government shutdown, a default could leave the Treasury without enough money to pay Social Security benefits or the paychecks of troops.

http://www.nytimes.com/2013/09/27/opinion/a-republican-ransom-note.html?ref=todayspaper

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But the trouble is that if John Boehner and Mitch McConnell could somehow crush the populists (and they can’t), they would also be crushing the best hope for conservative policy reform. That’s because, for now at least, the same incentives that shape the “bad populism” of the defund movement are also shaping the “good populism” that wants to end farm subsidies or reform drug sentencing or break up banks or cut taxes on families.

Their willingness to engage in theatrical confrontations with President Obama, for instance, is part of what lends figures like Paul and Lee and Vitter the credibility to experiment with ideas from outside the Reagan-era box. And their arm’s-length relationship to Wall Street and K Street makes them both more irresponsible on issues like a government shutdown and more open to new ideas on taxes, financial reform, corporate welfare, etc.

Obviously Republicans should be seeking a way to have the good without the bad: the innovation without the risky brinkmanship, the fresh ideas without the staged confrontations.

But for now, they’re stuck dealing with a populism that resembles Homer Simpson’s description of his beloved beer: It’s both the cause of, and the solution to, all of their problems.

http://www.nytimes.com/2013/09/22/opinion/sunday/douthat-good-populism-bad-populism.html?ref=todayspaper

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How did we get here?

Some pundits insist, even now, that this is somehow Mr. Obama’s fault. Why can’t he sit down with Mr. Boehner the way Ronald Reagan used to sit down with Tip O’Neill? But O’Neill didn’t lead a party whose base demanded that he shut down the government unless Reagan revoked his tax cuts, and O’Neill didn’t face a caucus prepared to depose him as speaker at the first hint of compromise.

No, this story is all about the G.O.P. First came the southern strategy, in which the Republican elite cynically exploited racial backlash to promote economic goals, mainly low taxes for rich people and deregulation. Over time, this gradually morphed into what we might call the crazy strategy, in which the elite turned to exploiting the paranoia that has always been a factor in American politics — Hillary killed Vince Foster! Obama was born in Kenya! Death panels! — to promote the same goals.

But now we’re in a third stage, where the elite has lost control of the Frankenstein-like monster it created.

http://www.nytimes.com/2013/09/20/opinion/krugman-the-crazy-party.html?ref=todayspaper

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