Like most California political junkies, I’m already looking forward to a vibrant 2024 Senate race. I wrote up the latest development at New York:
In the conservative imagination, California is sort of an evil empire of leftism. It’s where white people have been relegated to a minority for decades; where tree-hugging hippies still frolic; where Hollywood and Big Tech work 24/7 to undermine sturdy American-folk virtues; where rampaging unions and arrogant bureaucrats make it too expensive for regular people to live.
But in truth California’s dominant Democratic Party has as many mild-mannered moderates as it does fiery progressives. One of them, Dianne Feinstein, has held a Senate seat for over 30 years. As the 89-year-old political icon moves toward an almost certain retirement in 2024 (though she now says she won’t announce her intention until next year), another ideological moderate has just announced a bid to succeed her. Los Angeles congressman Adam Schiff, though, has an asset most centrist Democrats (those not named Clinton or Biden, anyway) can’t claim: the rabid hatred of Donald Trump–loving Republicans, giving him the sort of partisan street cred even the most rigorous progressives might envy.
It’s why Schiff begins his 2024 Senate race with something of a strategic advantage. The first-announced candidate in the contest, Congresswoman Katie Porter (also from greater L.A.), is a progressive favorite and more or less Elizabeth Warren’s protégé as a vocal enemy of corporate malfeasance. Another of Schiff’s House colleagues, Oakland-based Barbara Lee, has told people she plans a Senate run as well; Lee is a lefty icon dating back to her lonely vote against the initial War on Terror authorization following September 11. And waiting in the wings is still another member of California’s House delegation, Silicon Valley–based Ro Khanna, who is closely associated with Bernie Sanders and his two presidential campaigns.
Obviously, in a Senate race featuring multiple progressives, the national-security-minded Schiff (who voted for the Iraq war authorization and the Patriot Act early in his House career) might have a distinct “lane,” particularly if he draws an endorsement from Feinstein. (Schiff is already suggesting his campaign has her “blessing.”) But he may poach some progressive votes as well by emphasizing the enemies he’s made. Indeed, his campaign’s first video is mostly a cavalcade of conservatives (especially Donald J. Trump) attacking him.
It’s probably not a coincidence that Schiff is announcing his Senate bid immediately following his expulsion from the House Intelligence Committee by Speaker Kevin McCarthy for his alleged misconduct in investigating Russia’s links with Trump and his campaign (and in making the case for Trump’s impeachment). Schiff was also a steady prosecutorial presence on the January 6 committee that McCarthy and most Republicans boycotted).
Complicating the contest immeasurably is California’s Top Two primary election system. Schiff and his Democratic rivals will not be battling for a party primary win but for a spot in the 2024 general election, given to the top two primary finishers regardless of party affiliation. The Golden State’s Republican Party is so weak that it might not be able to find a candidate able to make the top two in a Senate primary; two Democrats competed in two recent competitive Senate general elections in California (in 2016, when Kamala Harris defeated Loretta Sanchez, and in 2018, when Feinstein trounced Kevin DeLeon). If that’s the case, though, it’s unclear which Democrat might have the edge in attracting Republicans. Porter’s campaign is circulating a poll showing she’d beat Schiff in a hypothetical general election because Republicans really hate Schiff despite his more moderate voting record.
For all the uncertainties about the 2024 Senate field, it is clear that the two announced Democratic candidates will wage a close battle in one arena: campaign dollars. Both Schiff and Porter are legendary fundraisers, though Porter had to dip deeply into her stash of resources to fend off a tougher-than-expected Republican challenge last November. Big remaining questions are whether Lee can finance a viable race in this insanely expensive state with its many media markets, and whether Khanna, with his national Sanders connections and local Silicon Valley donor base, enters the contest. There are racial, gender, and geographical variables too: Until Harris became vice-president, California had long been represented by two Democratic woman from the Bay Area. With Los Angeles–based Alex Padilla now occupying Harris’s old seat, 2024 could produce a big power shift to the south and two male senators.
In any event, nobody is waiting around for Feinstein to make her retirement official before angling for her seat, which means a Senate race that won’t affect the partisan balance of the chamber at all (barring some wild Republican upset) will soak up a lot of attention and money for a long time. At this early point, Schiff’s positioning as the moderate that Republicans fear and despise looks sure to keep him in the spotlight.
Here’s another idea for reversing SCOTUS’ ruling on Citizens United v. FEC;
A diarist named Smintheus posted on unbossed.com a very quick and simply remedy for this power-grab by corporations;
Congress should prohibit any corporation from engaging in this new political spending if it has any non-American shareholders, or owners. Because after all, foreigners have no 1st amendment protections.
This brilliant idea was picked up by PLS who posted the diary “How to hoist the SCOTUS on their own petards!!!” on Daily Kos. This stroke of genius not only undoes SCOTUS’ treasonous decision, it seriously weakens the hold corporations CURRENTLY have over our democracy.
This is AN EXCELLENT way to punish SCOTUS and the Republicans for attempting a coup of our government on behalf of corporations.
Here is the statute upon which the tactic succeeds;
U.S. Code § 441e. Contributions and donations by foreign nationals
(a) Prohibition
It shall be unlawful for—
(1) a foreign national, directly or indirectly, to make—
(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election;
(B) a contribution or donation to a committee of a political party; or
(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 434 (f)(3) of this title); or
(2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.
(b) “Foreign national” defined
As used in this section, the term “foreign national” means—
(1) a foreign principal, as such term is defined by section 611 (b) of title 22, except that the term “foreign national” shall not include any individual who is a citizen of the United States; or
(2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101 (a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101 (a)(20) of title 8.
Here is the above mentioned section 434 (f)(3)
3) Electioneering communication
For purposes of this subsection—
(A) In general
(i) The term “electioneering communication” means any broadcast, cable, or satellite communication which—
(I) refers to a clearly identified candidate for Federal office;
(II) is made within—
(aa) 60 days before a general, special, or runoff election for the office sought by the candidate; or
(bb) 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate; and
(III) in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate.
(ii) If clause (i) is held to be constitutionally insufficient by final judicial decision to support the regulation provided herein, then the term “electioneering communication” means any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate) and which also is suggestive of no plausible meaning other than an exhortation to vote for or against a specific candidate. Nothing in this subparagraph shall be construed to affect the interpretation or application of section 100.22(b) of title 11, Code of Federal Regulations.
– end of code description –
Piecing together the most salient parts of the above statute, we have the following;
“It shall be unlawful for a foreign national, directly or indirectly, to make a contribution in connection with a Federal, State, or local election, or expenditure for an electioneering communication. The term “electioneering communication” means any broadcast, cable, or satellite communication which refers to a clearly identified candidate for Federal office, is made within 60 days before a general, special, or 30 days before a primary or preference election.”
The limiting phrase in this law is “which refers to a clearly identified candidate for Federal office.” Because the Citizens United v. FEC ruling refers to non-identified candidate communications, what Congress needs to do is extend this statute to include ANY elections-related communications. An example of why this extension seems very reasonable would be in order to prevent a foreigner from an oil producing country from bombarding U.S. television shows with ads that claim “Global warming is just a hoax; keep buying our oil.”
Smintheus’ solution seems very promising. We should explore it a bit further, and if it proves solid, quickly take action on it.
With their ruling in favor of Citizens United v. FEC, the Conservative members of the Supreme Court have committed treason far more dangerous and egregious than their having stolen the 2000 election for Bush. This time they have gone too far by handing our democracy to corporations. The way to remedy this treason is simple and straightforward.
The first step is for Congress to end or fix the filibuster rule so that Republican and Blue Dog Senators can no longer usurp majority rule in the Senate, and prevent the second step.
The second step is for Congress to create two new Supreme Court seats, increasing the total number of justices from nine to eleven. FDR failed in this in the 1930s because he tried to create SIX new justices, and because he was not facing as great an assault on our democracy as we are now. The American People would support Congress’s appointing these two new justices in order to preserve our democracy.
The third and final step is for someone to challenge the new ruling in the courts and have the suit move its way up to the Supreme Court. I’m not sure if that can happen before the Citizens United v. FEC decision allows corporations to hijack the 2010 election. If so, such a delay is not an acceptable option.
Until Citizens United v. FEC is overturned, Obama and the Democratic Congress have a course of action. According to the Constitution, the President is not bound by Supreme Court decisions. There is a famous instance when the Supreme Court rendered a decision and a president said something to the effect that; “Well, you’ve made your decision. Now try to enforce it.” I think it was FDR, but I’m not sure on that.
SCOTUS’ handing our democracy to corporations with this decision can and will, if we let it stand, defeat any and every major progressive initiative after the 2010 elections. If this decision stands, we risk losing both our Senate and House majorities.
We need to put aside every other initiative right now and concentrate our power on defeating this decision by advocating for Congress to end the filibuster, create two new SCOTUS seats, and then have the new SCOTUS reverse the decision. We need to alert the public about this assault on our democracy so that they will fully back Congress’s decision to end the filibuster in order to create the two new seats.
We cannot do everything at once. If we try to assume a business-as-usual approach and continue to work on many other initiative while also working on this one, we risk failing. That is not an option we can afford.
WE NEED TO TABLE ALL OTHER INITIATIVES UNTIL WE GET THIS JOB DONE.
The vast majority of blog posts on all of the Liberal/Progressive sites for the next several weeks should be about getting this done. We should organize our efforts so that some blogs are focusing on some parts of this, and other blogs are focusing on others. We need to organize and fight like our democracy depended on it, because it does.