This morning’s papers brought glad tidings: Tom (the Hammer) DeLay, after a long consultation with his pollsters and lawyers, has decided to resign from Congress, apparently next month. And in order to allow Texas GOPers to hand-pick a replacement (he has already won the primary for the November General Election), he is abandoning his Texas residency, which legally disqualifies him from the ballot, and formally becoming a resident of Alexandria, Virginia.It’s hard to exaggerate the power this unpleasant and ruthless man has wielded in Washington until recently, and hard to believe the lack of even minimal contrition he is exhibiting now that he’s been all but forced to resign. Just last week, he delivered a fiery speech to a Christian conservative gathering that implied he was a victim of discrimination for his faith. Indeed, his need to wallow in self-pity and invite his last-ditch supporters to do the same led him perilously close to expressing hatred of America: “We are, after all, a society that provides abortion on demand, has killed millions of innocent children, degrades the institution of marriage and all but treats Christianity like some second-rate superstition.” No wonder, then, that our infidel nation would contrive to find fault with DeLay’s crass and chronic money-hustling and power-muscling behavior in Washington and in Texas, eh?DeLay’s invincible arrogance was nicely illustrated by a couple of comments he’s made after disclosing his intention to resign. As Think Progress reports, he told Time Magazine that his proudest accomplishment in office was in skewing K Street campaign contributions to the GOP. And this morning, appearing on Fox News, he luridly suggested that the Republican-controlled Texas legislature would soon act to strip Travis County prosecutor Ronnie Earle of jurisdiction to pursue cases like the corporate campaign violations for which DeLay was indicted last year.The timing of DeLay’s announcement is pretty easy to figure out: as the Republican nominee for the General Election, he’s been able to amass a little over $1.2 million in campaign contributions.Now he can convert that money to his already-depleted legal defense fund, essentially tricking his contributors into banking his efforts to stay out of the hoosegow, as TPMMuckraker explained today. No wonder the Rev. Rick Scarborough, host of the pity party where DeLay made his Blame America First remarks last week, said of the Hammer: “This is a man, I believe, God has appointed … to represent righteousness in government.”The Bugman’s next move will apparently be to hook up with some conservative organization in his new home turf of Northern Virginia. Don’t be too surprised if he lands some lucrative consulting and lobbying contracts as well: After all, the Republican-controlled House remains largely his creature, even if he’s no longer directly pulling the strings.
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Editor’s Corner
By Ed Kilgore
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August 5: The Pro-Choice Religious Liberty Argument
Always on the lookout for a new wrinkle on ancient battles, I drew attention to a recent legal development at New York:
Though the constitutional law of “religious liberty” is a murky field, we are all accustomed to hearing anguished claims from conservative Christians that laws requiring them to provide or pay for reproductive-health services or treat LGBTQ employees and customers equally are an unacceptable violation of their beliefs. Now that the Supreme Court has struck down the federal right to an abortion, it’s clearer than ever that the Christian right and its Republican allies are aiming to construct a system where they are free to live their values as they wish, regardless of the impact on others.
But as a new lawsuit in Florida shows, what’s good for the conservative goose may also be good for the progressive gander. A group of religious officials are arguing in state court that the new anti-abortion law enacted this year by Florida Republicans violates their right to religious expression. The Washington Post reports:
“Seven Florida clergy members — two Christians, three Jews, one Unitarian Universalist and a Buddhist … argue in separate lawsuits filed Monday that their ability to live and practice their religious faith is being violated by the state’s new, post-Roe abortion law. The law, which is one of the strictest in the country, making no exceptions for rape or incest, was signed in April by Gov. Ron DeSantis (R), in a Pentecostal church alongside antiabortion lawmakers such as the House speaker, who called life ‘a gift from God.’”
The plaintiffs in these suits most definitely want to rebut the idea that forced birth is the only authentically “religious” perspective on abortion services. After all, as United Church of Christ minister Laurie Hafner explains, the anti-abortion cause has little biblical sanction:
“Jesus says nothing about abortion. He talks about loving your neighbor and living abundantly and fully. He says: ‘I come that you might have full life.’ Does that mean for a 10-year-old to bear the child of her molester? That you cut your life short because you aren’t able to rid your body of a fetus?”
The legal theory in the lawsuits focuses specifically on the counseling of pregnant people and their families that clergy engage in routinely, and that under the new Florida law may be treated as the illegal aiding and abetting of criminal acts. Hafner’s suit alleges that this violates both federal and state constitutional rights, along with Florida’s version of the Religious Freedom Restoration Act (a 1993 federal “religious liberty” law):
“The dramatic change in abortion rights in Florida has caused confusion and fear among clergy and pregnant girls and women particularly in light of the criminal penalties attached. Given her general duties and work as a Pastor, Plaintiff intends to engage in counseling regarding abortion beyond the narrow limits of HB 5 and, therefore, risks incarceration and financial penalties.”
It’s unclear how this argument will fare in the courts. Conservative judges may stipulate that anti-abortion laws impinge on religious-liberty rights that are nonetheless outweighed by the state’s “compelling interest” in fetal life. But at least, for once, the judiciary and the public will have to come to grips with the fact that many millions of pro-choice religious Americans passionately oppose what is happening to our country in the name of “life.” During the run-up to this week’s resounding “no” vote on a constitutional amendment removing any hint of abortion rights in the state’s constitution, a Presbyterian Church in Kansas displayed a sign that read, “Jesus trusted women. So do we.” This was likely an allusion to the “Trust Women” motto of the famous Kansas abortion provider Dr. George Tiller, who in 2009 was assassinated in the foyer of the church in which he was serving as an usher. His legacy lives on in houses of worship and now in the courts.