The Democracy Index: An Interview With Law Professor Heather Gerken

by: Intrepid Liberal Journal

Sun Apr 12, 2009 at 17:21:00 PM EDT

On January 1, 2007, Yale Law School professor Heather Gerken  published a widely read article in the LegalTimes entitled, "How Does Your State Rank on The Democracy Index." Gerken argued that just as the Environmental Performance Index ("EPI") shamed countries such as Belgium to upgrade their environmental practices, a "Democracy Index" would embarrass state and localities into reforming their electoral administration through competition.

Since Bush vs. Gore in 2000, the debate about electoral reform has been dominated by anecdotes and overheated abstractions. Liberals like me have long suspected that states such as Ohio and Florida were deliberately disenfranchising minority voters sympathetic to Democratic candidates. Conservatives complained that voter fraud and urban political machines were allowing ineligible voters to cast ballots at the expense of Republican candidates. With her article, Gerken contended that a Democracy Index would replace a debate dominated by shouting with data driven arguments instead:

File Under 'Duh'

by: phillip anderson

Fri Jan 30, 2009 at 09:27:22 AM EST

Most New Yorkers want special elections to fill future U.S. Senate vacancies rather than allowing the governor sole authority to name someone to the powerful position, according to a poll released Thursday.

The Siena College poll found 65 percent of voters want state law changed so voters would decide who gets the job. If the law is changed, it would prevent a repeat of the secretive and widely criticized process that led to Gov. David Paterson's appointment of upstate congresswoman Kirsten Gillibrand to the Senate seat vacated by Hillary Rodham Clinton.

Another 30 percent of the voters polled wanted the state law to remain unchanged.

Count me in the majority on this one.

Hillary To 'Big John' Cornyn: 'The Clintons Don't Forget'

by: phillip anderson

Mon Jan 26, 2009 at 12:47:39 PM EST

On Tuesday, Politico's Glenn Thrush reported about a little tête-à-tête between Hillary Clinton and John Cornyn in the Capitol. Cornyn, you'll recall, had just prevented a unanimous consent vote on Hillary's nomination and Thrush, who saw but did not hear the discussion, characterized the exchange as "heated," which Cornyn denied.

Well, one of our eagle-eyed sources spotted the same discussion and was able to get within earshot just in time to hear Clinton warn Cornyn, "The Clintons don't forget." One day later, Cornyn's objections to Clinton's confirmation magically disappeared and the man who had set the roll call vote in motion voted in favor of confirming Clinton. Now let's see how she handles Hamid Karzai.

But, wait. It gets better. "Big John's" folks deny he was put in his place by Hillary and continue to insist that his concerns were really about, um, "transparency" because, ya know, he has been a long time "advocate for transparency in government."

This story about what Sen. Clinton allegedly told Sen. Cornyn is false and it's disappointing that the Senator's office was not contacted before it was posted.  Senator Cornyn has made clear, including in an op-ed in the Austin American Statesman today, that this situation had nothing to do with Senator Clinton personally, and everything to do with his long record as an advocate for transparency in government.

Uh huh. Go ahead and google "Cornyn" "concerned" "Cheney" "no bid contract" and "Halliburton."

"Big John" Cornyn is a fraud and an idiot. He's also one that is apparently easily intimidated.  

VIDEO: At Least We Aren't Illinois

by: phillip anderson

Fri Jan 23, 2009 at 01:39:55 AM EST

Further Confirmation On Gillibrand

by: phillip anderson

Thu Jan 22, 2009 at 20:12:15 PM EST

Kirsten Gillibrand will be our new junior senator from New York.

UPDATED: WPIX: It's Gillibrand

by: phillip anderson

Thu Jan 22, 2009 at 19:37:15 PM EST

Confirmed: Kirsten Gillibrand Chosen to Fill Clinton's Senate Seat

PIX11 News has learned Congresswoman Kirsten Gillibrand is the choice of Governor David Paterson to fill the U.S. Senate seat vacated by Hillary Clinton.  Two Congressional sources tell PIX News that the Governor will make his announcement in Albany at noon tomorrow.  He has invited members of the state's Democratic Congressional delegation to join him.

The sources told reporter Marvin Scott that the Governor has called members of the delegation for their views after Caroline Kennedy withdrew herself from consideration.  One of the contenders, longterm Congresswoman Carolyn Maloney canceled a scheduled appearance on "PIX News Closeup" Friday because of a "conflict," which she did not disclose. She too will be in Albany. According to the sources, Gillibrand, now in her second congressional term, was favored by both Senator Churck Schumer and Secretary of State Clinton.  Paterson has been under pressure to select a woman.

With most Democratic leaders in Albany coming from the New York City area, one source said this would be an important move for the Governor to have a Senator from upstate. And it is felt Gillibrand would be an asset to Paterson in any bid for election in 2010.

Grain of salt and all. I mean, it's PIX 11, for cryin' out loud, but I think they just may be right.

UPDATE: MSNBC is now reporting that Paterson has asked Gillibrand to meet him in Albany at 11am tomorrow morning, an hour before his noon announcement.

It's Gillibrand.

Interesting Tidbit From The Governor's Call (Happening Now, BTW)

by: phillip anderson

Thu Jan 22, 2009 at 18:13:38 PM EST

Apparently, the Governor had chosen his pick to replace Hillary Clinton on Sunday and decided to hold onto that information until after the inauguration in hopes of not taking any attention away from that event.

At least that's what he said.

Also, I can break this news right now: Our own Brian Keeler will NOT be our new US Senator. That comes straight from the Governor's mouth.

It's Official - Announcement At Noon Tomorrow.

by: phillip anderson

Thu Jan 22, 2009 at 17:53:29 PM EST

Friday, January 23

Governor David A. Paterson is in New York City and Albany.

12:00 PM Announces U.S. Senate Appointment
Empire State Plaza Concourse
Meeting Room 6
Albany
OPEN PRESS

In other news, I also just got this statement from the Governor about the Caroline Kennedy mess:

Last night Caroline Kennedy informed the Governor that she was withdrawing her name from consideration for an appointment to the United States Senate for personal reasons. This decision was hers alone.

The Governor had a private conversation with Ms. Kennedy yesterday afternoon. Out of respect for her decision making process, the Governor's Office did not respond to any inquiries in order to allow her time to deliberate. The Governor considers Caroline a friend and knows she will continue to serve New York well inside or outside of government. We wish her well in all her future endeavors.

The Governor is now entering the final phase of his selection process. He has not informed any Senate candidates that they have not been selected, nor has any information gathered during this selection process created a necessity for any candidate to withdraw. Any speculation to the contrary is both inaccurate and inappropriate.

Whatever. The circus is almost over.

Mark Penn: Mark Penn Rocks

by: phillip anderson

Thu Jan 22, 2009 at 15:58:37 PM EST

Winner? Mark Penn.

Politics magazine is out with the results of their 2008 campaign poll of political insiders. The choice for the best ad of the presidential race? "3 a.m." of course -- the Hillary Clinton commercial that was the brainchild of chief strategist Mark Penn. The firm that conducted the Internet poll of 475 current Politics subscribers? Penn, Schoen & Berland Associates -- the polling firm founded by (you guessed it) Mark Penn.

Sometimes, the punchlines write themselves.

Again, 'Not Ready For Prime Time'

by: phillip anderson

Thu Jan 22, 2009 at 14:34:22 PM EST

Of all the many ways in which Caroline Kennedy's brief and unofficial candidacy for the U.S. Senate was mishandled, one final ungraceful note is striking particularly close to home. Sources close to Senator Edward M. Kennedy tell TIME that his circle - including his immediate family - is furious that his brain cancer is being cited by some in her camp as the reason for her decision to withdraw her name from consideration for the Senate seat being vacated by Hillary Clinton in New York.

"It looks horrible," says one former aide to Ted Kennedy. "It makes him look like he is at death's door." In fact, those close to Kennedy, 76, say that while the Senator is suffering occasional seizures, like the one that sent him to a hospital on Tuesday during the celebratory Capitol lunch for the newly inaugurated President, he is generally doing well. And they add that Kennedy is fully engaged in the effort to pass universal health-care legislation - a cause for which he has fought for decades, and one in which he will play a crucial role as chairman of the Senate Health, Education, Labor and Pensions Committee.

"He is crazy about her. He encouraged her" in her bid for the Senate seat, one close associate says of Ted Kennedy's relationship with his niece. "But using him as an excuse, as though things were on the downward spiral, is not going to be O.K. with him ... This will get in the way of health reform" - by suggesting that a key legislator involved in putting the bill together may be incapacitated.

This is a person who thought she was ready to be a US Senator? From New York? Really?

Oh, and Halperin (I know, I know) adds this tidbit:

TIME's Mark Halperin reports that one knowledgeable Democratic source says there was another, unspecified "personal reason." The source says that it arose 48 hours before Kennedy fully expected to be chosen by Paterson. Without talking to her political advisers, Kennedy called Paterson and told him that she had a personal issue that made her inclined to withdraw her name. He told her to take 24 hours to reconsider. She took that time on her own, according to the source, and ultimately decided to stick with her original decision.

Whatever. I think we dodged a bullet here, folks.

The Losers

by: phillip anderson

Thu Jan 22, 2009 at 09:50:55 AM EST

Begin with Kennedy herself, who despite a measure of public appeal, ran an ill-conceived campaign to try to start at the top of the political world after little prior involvement. She didn't work the political circuit until after the fact, coming to campaigning only last year. There were years she didn't vote. She wasn't ready for prime time.

New York City Mayor Michael Bloomberg and Kevin Sheekey, his deputy for wheeling and dealing, climbed out on a limb. Sheekey warned that Gov. David Paterson would commit "malpractice" by choosing anyone else. Bloomberg and his schools chancellor were unconvincing in their efforts to sell her.

There were the folks at the consulting firm Knickerbocker SKD, already blamed in consultant-land for Kennedy's stumbling rollout.

There are the Kennedy fans who believe in the Camelot legacy.

I'd add the Governor. This mess didn't need to drag on anywhere near this long. Also, it was pretty obvious that in addition to not being "ready for prime time", Kennedy never really seemed to even want it all that much. Paterson should have politely taken a pass. He didn't and it has now blown up in his face. (Knickerbocker SKD should have as well, but at least they were billing.)

Bloomberg and crew come off as the star-humpers they actually are, an aristocrat and his court embracing another.

Oh, and us, the ones who actually need a senator. The folks in DC are about to carve up one of the biggest federal pies in generations and we are reduced to a single senator. It's not like we could really use some of that money or a junior senator with even the slightest seniority edge or anything.

Lost of losers here. Like, 19 million or so.

We Need A Senator

by: phillip anderson

Thu Jan 22, 2009 at 08:58:08 AM EST

Around seven percent of the nation's population lives in New York State. But the constitution allocates just two percent of the nation's senators to my home state. That's too bad, and it's particularly a problem in policy areas such as transportation where we get a structural bias away from the needs of places like New York. But do you know what's even worse? Right now New York really has only one Senator since Hillary Clinton obviously isn't focusing her energy on this matter, but David Patterson hasn't gotten around to naming a replacement yet. He's doing a disservice to his constituents and to residents of big cities everywhere.

Tick tock, Governor.

Update: Caroline Kennedy Ends Senate Bid

by: BingChester

Wed Jan 21, 2009 at 19:30:09 PM EST

UPDATE: The New York Times has now confirmed this story.  Apparently the reason relates to Senator Ted Kennedy's health.  The full New York Times story is also below.

Hillary Clinton Confirmed As Secretary Of State

by: phillip anderson

Wed Jan 21, 2009 at 16:44:36 PM EST

This means we are in need of a new Senator.

Governor, the ball is now firmly in your court. Tick tock.

Clinton SoS Nomination Put On Hold By 'Big John' Cornyn

by: phillip anderson

Tue Jan 20, 2009 at 16:41:30 PM EST

Sen., John Cornyn wants more transparency from the Clinton Foundation, and Hillary Clinton's confirmation vote will be delayed by a day to assuage his concerns.

In a letter to Clinton, Cornyn wrote that he remained "deeply troubled" that "America's foreign policy and your diplomatic mission will be encumbered by the sweeping global activities of the Clinton Foundation (the "Foundation")--unless tighter foreign fundraising restrictions and transparency protocols are adopted by your husband's organization."  As a matter of public record, he writes, "the President-elect's team shares these concerns and that the Foundation has recently accepted additional transparency measures beyond those previously negotiated with transition officials."

"Put simply, the Foundation's refusal of foreign-source donations while you serve as Secretary of State is in this nation's interest.  But I am willing to consider other options to reduce the likelihood of real or perceived conflicts of interest that will result from foreign donations.  Senator Lugar has proposed several commonsense disclosure requirements.  I concur with many of his proposals and would indeed go further in several instances."

So, the man who has spent the entirety of his first term in the Senate dry humping whatever murderous ridiculousness that President Cheney cared to toss his way is now "deeply troubled" about transparency.

Beautiful.

Maybe he is genuinely troubled. Then again, maybe he's just a prick.

Hillary Clinton's successor

by: Dan Jacoby

Tue Jan 13, 2009 at 17:11:58 PM EST

For the record, I contacted the Governor's office early this afternoon and sent them an advance copy of the letter.

Some History On U.S. Senate Appointees

by: robert.harding

Tue Jan 06, 2009 at 11:02:35 AM EST

Since the 17th Amendment established procedures for filling vacancies in 1913, only 60 of the 180 men and women appointed to the Senate - an even one-third ratio - have won the next election in their own right, according to records kept by the Senate.

Of the remaining 120, 63 did not run, 56 ran and lost, and one, South Carolina's Alva Moore Lumpkin, died two weeks after his appointment in 1941.

While a slim majority of appointed senators who sought election did win, their success rate pales in comparison to the overall incumbent-retention record in the Senate, with a low of 64 percent and a high of 96.9 percent in the 25 elections dating back to 1960.

I doubt that information will scare away possible appointees like Caroline Kennedy, Rep. Steve Israel and Rep. Carolyn Maloney. But the information is worth talking about.

Governor David Paterson wants to appoint someone who will help him politically, but also someone who will win in 2010. He has already shot down any speculation that he would appoint a caretaker for the seat. So we are looking for someone who will hold the seat and run for re-election in 2010.

But if I were Paterson, I would keep history in the back of my mind. The numbers don't look good for appointees running for election. If I were Paterson, I wouldn't completely rule out the caretaker option.  

Paterson: No decision soon on Hillary's Senate seat

by: Exile on Ericsson St.

Fri Dec 26, 2008 at 09:26:02 AM EST

One day after Mayor Bloomberg called again for a quick decision on Hillary Clinton's successor, Gov. Paterson stood his ground and said those demanding a hasty selection should chill out.

"I think the proper government response is to make it when the seat becomes open, and many of those who are calling for a quicker decision would probably help the decision if they would refrain from all of the gossip," Paterson said Thursday.

I'm not sure why Bloomberg wants a quick decision.  I'm not sure why appointment to federal office is any of a mayor's business, to be frank.  

Nadler interested in HIllary's Senate seat too

by: Exile on Ericsson St.

Tue Dec 23, 2008 at 23:07:46 PM EST

(h/t Adam B of Kos, TPM)

Peaking too soon?

by: Dan Jacoby

Sat Dec 20, 2008 at 16:18:09 PM EST

Caroline Kennedy's campaign (and that's what it is) to be that successor is in full gear.  She is criss-crossing the state, and every day brings new photo ops.  The problem is, by the time Paterson makes his choice, she may have become old news.

I still haven't jumped on the Kennedy bandwagon, not because I don't think she's qualified, but because nobody's talking about our senior Senator.  Chuck Schumer has spent all of his time in that spot lurking in the shadow of Hillary Clinton, and it's a good bet he wants to be out front.  That's why I don't think Paterson will choose either Kennedy or Andrew Cuomo.

This leaves three possibilities, I think:  Congresswoman Carolyn Maloney, Buffalo Mayor Byron Brown, and one other.  Choosing Maloney or Brown is tantamount to a long-term appointment, as there is little chance whoever gets appointed will be challenged, either in 2010 or 2012, by another Democrat.

The third name after the jump.