Oops:

Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state.

The amendment, approved by the Legislature and overwhelmingly ratified by voters, declares that "marriage in this state shall consist only of the union of one man and one woman." But the troublemaking phrase, as Radnofsky sees it, is Subsection B, which declares:

"This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage."

Architects of the amendment included the clause to ban same-sex civil unions and domestic partnerships. But Radnofsky, who was a member of the powerhouse Vinson & Elkins law firm in Houston for 27 years until retiring in 2006, says the wording of Subsection B effectively "eliminates marriage in Texas," including common-law marriages.

She calls it a "massive mistake" and blames the current attorney general, Republican Greg Abbott, for allowing the language to become part of the Texas Constitution. Radnofsky called on Abbott to acknowledge the wording as an error and consider an apology. She also said that another constitutional amendment may be necessary to reverse the problem.

Obviously, Abbott and supporters are saying that the intention is clear and that Radnofsky is just being "silly." Personally, I think this is great opportunity to challenge the law on behalf of the gay partnerships being discriminated against. If the state of Texas does not want recognize any kind of legal standing between same sex couples to the point that they declare they will not recognize the legal standing of anything like marriage, let them experience the wrath of straight couples who will find insurance companies pouncing on this wording to deny benefits.

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MarketWatch:

A health-care overhaul proposed by Senate Democrats will cost $849 billion over 10 years, The Wall Street Journal reported Wednesday, and slash the deficit by $127 billion over the next decade.

The price tag is just under President Barack Obama's target of $900 billion over 10 years.

The estimates, from the Congressional Budget Office, also showed that the bill would reduce the number of uninsured Americans by 31 million people, said the Journal, citing a senior Senate leadership aide.

Senate Majority Leader Harry Reid, D-Nev., has been anxiously awaiting the CBO's price tag for the bill before moving to debate on the Senate floor. The first procedural vote could come later this week on the bill. Obama wants to sign a health-care reform bill before the end of the year.

Like a bill that passed the House on Nov. 7, the Senate's bill aims to cover most Americans, bar insurers from denying coverage to sick people, set up insurance "exchanges" where people can shop for coverage and fine those who don't get insurance. It also sets up a government-run insurance plan, expected to enroll about 6 million people.

But Reid faces a number of hurdles in getting a bill through the Senate, including concerns about the measure's cost. Sens. Blanche Lincoln, D-Ark., and Ben Nelson, D-Neb., are among two of Reid's fellow Democrats who have openly worried about the cost of health-care reform.

Per what I've been told from Senate leadership offices, the Senate health care bill will:

• cut the budget deficit by $127 billion over 10 years
• cut the budget deficit by $650 billion in the second decade
• extend guaranteed coverage to more than 9% of Americans -- including a 31 million person reduction in the uninsured

Reid will probably file cloture on the motion to proceed tomorrow. The CBO's report should go up on the Senate Democrats site shortly.

Just when you think he can't get any more insane and stupid, Glenn Beck manages to pluck yet another feather from the plumage:

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Oy.

Besides the conundrum of how it is that someone this clearly insane is given multiple national platforms to rant and rave as lucidly as the crazy homeless guy downtown, I really can't believe that we're now getting to the point that we're likening health care reform (something the majority of the country wants, mind you) to forced rape of a minor.

We had visitors from Denmark staying with us just recently, and they were just dumbfounded by the asinine and completely fact-free crap that passes for news coverage here, especially when it comes to health reform. From a country where universal health care is a given, listening to the fear-mongering on Fox News and other news channels I'm forced to watch for C&L made them wonder about the collective IQ of American citizens. Sadly, I was hard-pressed to defend us in the face of such loonies like Beck.

I take solace in the thought that when my children are my age, we will likely have fought mightily and won universal single payer health care for all Americans (because it really is the only thing that makes sense) and they'll look back at old tape of Glenn Beck and say, "Sheesh, no wonder it was such a battle, look at this idiocy," and shake their heads ruefully at the frightened, non-thinking people that watched him.

Steve Benen:

I checked the byline a couple of times this morning, to make sure the column that was ostensibly written by David Broder wasn't, in fact, written by Charles Krauthammer. Regrettably, the so-called Dean of the D.C. Media Establishment actually wrote this.

The more President Obama examines our options in Afghanistan, the less he likes the choices he sees. But, as the old saying goes, to govern is to choose -- and he has stretched the internal debate to the breaking point.

It is evident from the length of this deliberative process and from the flood of leaks that have emerged from Kabul and Washington that the perfect course of action does not exist. Given that reality, the urgent necessity is to make a decision -- whether or not it is right.

"Whether or not it is right." The Commander in Chief, in other words, should put expediency over merit. Speed is preferable to accuracy. It's only the longest military conflict in American history, with the future of U.S. foreign policy on the line -- the president should worry less about due diligence and thoughtful analysis, and worry more about picking a course, even if it's wrong. Other than the loss of American servicemen and women, untold billions of dollars, and undermining U.S. interests in a critical region, what's the worst that can happen?

This says so much to me. The "dean" of Beltway journalism and conventional thinking perfectly encapsulates the Republican zeitgeist:

1. Criticize anything that Obama does. If he acts decisively, complain that he's reckless. If he acts thoughtfully, complain that he's "dithering". If he points out that he's inherited a big fat clusterf&ck, complain that he's pointing fingers. If he tries to move forward in even a slightly progressive way, complain that he's not bipartisan enough and that he should listen to Republicans. In short, make sure that no matter what, Obama is wrong.
2. There are no consequences to telling Obama he's wrong. So what if 45,000 people die because they don't have healthcare? So what if sending more troops is basically sending them to their deaths? So what if there is no stable government in Afghanistan? So what if we're spending millions of dollars every month and deficit spending is the cause du jour for those suddenly fiscally responsible Republicans?

If Obama acts quickly, and it's the wrong choice, will the decision to act fall back on Broder and the Republicans for the pressure they've placed on Obama? 'Course not. But you can bet your sweet bippy they'll only be too glad to pounce on him if there are more American deaths.

Tell you what, Broder, if you're so eager to see some action in Afghanistan, let's see you do one of your patented "folksy" reports from a coffee shop in Kandahar or Kabul. Otherwise, STFU and let the people in charge actually make a reasoned and thoughtful decision, since it affects so much in American blood and treasure.

We've had eight years of quick rather than right decisions. It's time for the grownups to be in charge now.

How to Speak "Tea Bagger" by Mark Fiore. (Sorry, video not embeddable here.)

See more of Fiore's work on his website and/or YouTube channel

Video courtesy of Media Matters

Not to put too fine a point on it, but Rush Limbaugh has some serious issues. I mean, we knew that already, but the anger he uses to mask his blatant fear is quite stunning, and not a little Freudian.

Going after an admiral and counter-terrorism specialist like Joe Sestak? Not so smart, Rushbo:

Following an appearance on Fox News Channel to discuss the federal prosecution of terror suspects, radio host Rush Limbaugh attacked former 3-star Navy Admiral and Democratic U.S. Senate candidate Congressman Joe Sestak as a "dangerous left wing radical ideologue."

"Rush Limbaugh's attacks on a Veteran for supporting our American values shows a lack of understanding and respect for the very people who serve our country to defend those values," the campaign said. "Instead of helping to bring about justice for the families who lost loved ones on 9/11, too many on the right seem interested in politicizing the issue of prosecuting terror suspects."

Joe Sestak voiced his support for the Administration as part of his continuing call to close the detention facility in Guantanamo Bay, Cuba. Attorney General Holder announced that five high-value Al Qaeda suspects --including the mastermind of the 9/11 attacks, Khalid Sheikh Mohammed-- will be tried in federal court, rather than be held indefinitely or tried via military commission. Current legal procedures are in place to ensure that sensitive information used to support our national security efforts are kept private.

"As an Admiral, I led this Nation's fighting men and women into harm's way in defense of the United States -- in defense not only of American citizens, but of the beliefs that we hold dear and that define us as a nation, Joe" said in his statement on Friday. "I have watched the legal black hole at Gitmo erode our moral standing in the world -- weakening our hand in diplomacy in all corners of the world and providing Al Qaeda and other extremists propaganda for a new generation of terror. The last thing we should do is allow these terrorists to cause us to abandon our American principles."

Sestak points out some statistics for the WATB Republicans: As of December 2008, there were still approximately 250 detainees in custody. Federal courts have convicted 195 terrorists since 2001 in contrast to just three convictions by military commissions. Here's Sestak on The O'Reilly Factor trying to explain why there is nothing to fear from these trials. My suggestion for next time, Congressman, is to use smaller words. That fancy book-learning elitism is as scary to them as dem Islamofascists.

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This Week with George Stephanopoulos marks the passings of John O'Connor III, former ambassador James Lilley, former New Mexico Governor Bruce King and photographer Evelyn Hofer. In addition, the Pentagon released the names of 7 servicemembers killed in Iraq and Afghanistan:

Army SPC Tony Carrasco Jr, 25, of Berino, NM
Army SPC Aaron S Aamot, 22, of Custer, WA
Army SPC Gary L Gooch Jr, 22, of Ocala, FL
Marine Sgt Charles I Cartwright, 26, of Union Bridge, MD
Army CWO Mathew C Heffelfinger, 29, of Kimberly, ID
Army CWO Earl R Scott III, 24, of Jacksonville, FL
Marine LCpl Justin J Swanson, 21, of Anaheim, CA

According to iCasualties, this brings the total number of allied servicemembers killed in Iraq to 4,680; in Afghanistan, 1,518. During this same week, Iraq Body Count adds another 54 Iraqi civilians killed.

Ruh roh. It looks like the political soulmates of the 2008 election have lost that lovin' feeling:

In what reads like payback for McCain aides’ disparaging comments about her in the wake of the ticket’s loss to Barack Obama, Ms. Palin depicts the McCain campaign as overscripted, defeatist, disorganized and dunder-headed — slow to shift focus from the Iraq war to the cratering economy, insufficiently tough on Mr. Obama and contradictory in its media strategy. She also claims that the campaign billed her nearly $50,000 for “having been vetted.” The vetting, which was widely criticized in the press as being cursory and rushed, was, she insists, “thorough”: they knew “exactly what they’re getting.”

Some of Ms. Palin’s loudest complaints in this volume are directed at the McCain campaign’s chief strategist, Steve Schmidt. Mr. Schmidt, ironically enough, was one of the aides to most forcefully make the case for putting her on the ticket in the first place, arguing to his boss, as Dan Balz and Haynes Johnson reported in their recent book “The Battle for America,” that she would shake up the race and help him get his “reform mojo back.” Robert Draper reported in The New York Times Magazine that neither Mr. Schmidt nor Mr. McCain’s campaign manager, Rick Davis, apparently saw Ms. Palin’s “lack of familiarity with major national or international issues as a serious liability,” and that Mr. McCain, a former Navy pilot, saw the idea of upending the chessboard as a maverick kind of move.

All in all, Ms. Palin emerges from “Going Rogue” as an eager player in the blame game, thoroughly ungrateful toward the McCain campaign for putting her on the national stage. As for the McCain campaign, it often feels like a desperate and cynical operation, willing to make a risky Hail Mary pass in order to try to score a tactical win, instead of making a considered judgment as to who might be genuinely qualified to sit a heartbeat away from the Oval Office

.
I'm not sure that "going rogue" is going to endear Palin to the party elders, from whom she must receive support if she does want to pursue a national office. Unless, of course, her plan is to dump the GOP and run like the Palin-endorsed Doug Hoffmann in NY-23 as a Conservative Party member. But then again, being politically astute was never part of Palin's appeal.

Sour grapes between the Palin and McCain factions aside, Palin's book appears to be a little on the factually-light side. Our friends at Media Matters have been reading through the book (better them than me) and have compiled a very interesting list of moments where Palin has gone rogue from the truth:

Rogue Fact: Palin still falsely claiming stimulus money for energy effiency she vetoed required tougher building codes

Rogue Fact: Palin suggests "no other candidate" subjected to scrutiny "about their hair, makeup, or clothes"

Rogue Fact: Palin misleads on aerial hunting

Rogue Fact: Palin memoir stands by falsehood that Obama opposed "protect[ing] babies born alive after botched abortions"

Rogue Fact: Palin falsely suggests poor "hit hardest" by cap-and-trade

Rogue Fact: In memoir, Palin still distorting NY Times article to defend "palling around with terrorists" claim

Rogue Fact: Palin attacks "Democrat lawmaker" who's actually a Republican

And they keep coming... Check Media Matters for updates.

Max Blumenthal: Sarah Palin, the GOP's blessing and curse.

The bad terrorist men are coming to get you! Oooga booga booga! Isn't it funny how Republicans have continually intoned they are the only ones able to keep us safe from the scary men, but when the Obama administration actually decides to try Khalid Sheikh Mohammed and five others for their terrorists acts, they turn--to a one--into the biggest WATBs at the thought of these Guantanamo detainees in a super-max prison standing trial through the American court systems. For all their jingoistic "We're #1" exceptionalism, these Republicans have remarkably little faith in our criminal justice system. And who better to represent these little p*ssified pseudo-toughs than Rudy "A Noun, A Verb and 911" Giuliani? He scored a trifecta of appearances, besting Secretary of State Hillary Clinton, who only will be on two shows. Meanwhile, the Republicans aren't done scaring Americans about health care reform, and you can bet the Pete Hoekstra on Face the Nation, Newt Gingrich on Meet the Press and Mitch McConnell on Fox News Sunday will be amping up the rhetoric.

ABC's "This Week" - Secretary of State Hillary Rodham Clinton; former New York Mayor Rudy Giuliani.

CBS' "Face the Nation" - Rep. Peter Hoekstra, R-Mich.; Sen. Patrick Leahy, D-Vt.

NBC's "Meet the Press" - Clinton; Education Secretary Arne Duncan; former House Speaker Newt Gingrich, R-Ga.; the Rev. Al Sharpton.

NBC's "The Chris Matthews Show" - Panel: Eugene Robinson, Katty Kay, Peggy Noonan, Michael Duffy. Topics: Will Obama Suffer Longterm Damage For Afghanistan and Health Care Delays? Will Sarah Palin's Book Tour Convert Her From Republican Rogue to Frontrunner? Meter Questions: Will President Obama Sign a Health Care Reform Bill This Year? YES: 5
NO: 7; Will Delays Over Afghanistan and Health Care Hurt Obama's Image Longterm? YES: 5 No: 7.

CNN's "State of the Union" - Giuliani; White House senior adviser David Axelrod; Sens. Kent Conrad, D-N.D., and Judd Gregg, R-N.H.; Gov. Brian Schweitzer, D-Mont.

CNN's "Fareed Zakaria GPS" - Fareed gives you a sneak peak into the HBO film he narrated entitled Terror in Mumbai. Plus, an incisive panel discussion on President Obama's first trip to China and the most important relationship in the world - between Beijing and Washington.

CNN's "Amanpour" - Amira Hass, Ha'aretz "Occupied Lands" correspondent, and Aaron David Miller, former diplomat who served six U.S. Secretaries of State discuss peace prospects in the Middle East.

"Fox News Sunday" - Giuliani; Sens. Jack Reed, D-R.I., and Mitch McConnell, R-Ky.; Dr. Anthony Fauci, director of the National Institute for Allergy and Infectious Diseases.

So, what's catching your eye this morning?

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This Week with George Stephanopoulos marks the passings of journalist John Mashek and the Ft. Hood shooting victims.

Civilian Michael Grant Cahill, 62, of Cameron
Major L. Eduardo Caraveo, 52, of Woodbridge, Va.
Staff Sgt. Justin M. DeCrow, 32, of Plymouth, Ind.
Capt. John P. Gaffaney, 54, of San Diego, Calif.
Spc. Frederick Greene, 29, of Mountain City, Tenn.
Spc. Jason Dean Hunt, 22, of Tillman, Okla.
Sgt. Amy Krueger, 29, of Kiel, Wis.
Pfc. Aaron Thomas Nemelka, 19, of West Jordan, Utah
Pfc. Michael Pearson, 22, of Bolingbrook, Ill.
Capt. Russell Seager, 41, of Racine, Wis.
Pvt. Francheska Velez, 21, of Chicago. She was pregnant.
Lt. Col. Juanita Warman, 55, of Havre de Grace, Md.
Spc. Kham Xiong, 23, of St. Paul, Minn.

In addition, the Pentagon has released the names of 9 servicemembers killed in Iraq and Afghanistan.

Army SPC Joseph L Gallegos, 39, of Questa, NM
Army PFC Brian R Bates, Jr 20, of Gretna, LA
Army SPC Adrian L Avila, 19, of Opelika, AL
Army PFC Lukas C Hopper, 20, of Merced, CA
Army SPC Christopher M Cooper, 28, of Oceanside, CA
Army SPC Jonathon M Sylvestre, 21, of Colorado Springs, CO
Marine Sgt Cesar B Ruiz, 26, of San Antonio, TX
Army SSG Amy C Tirador, 29, of Albany, NY
Army SPC Julian L Berisford, 25, of Benwood, WV

According to iCasualties, this brings the total number of allied servicemembers killed in Iraq to 4,677, in Afghanistan, 1,513. During this same period, Iraq Body Count lists 56 Iraq civilians killed. For the month of October, 438 civilians were killed in Iraq.

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[[Double take]] Wha-wha-wha????

It sounds silly to bring up less than a week after your election, but some political junkies here in Washington—some very powerful ones—are already saying that you will be on the short list of vice presidential candidates come 2012 for the Republican Party. Do you harbor any national ambitions, sir?

How did Chris Wallace get inside my nightmares? And what the hell is he smoking?

The famous Fox News "some people say" followed by a statement that nobody who really wants to keep the Republican Party vital would actually want? And who is on the "short list" for President? Palin? Wow. Between the two of them, they'd have..what? three years governance experience between them? Brilliant!

The oppo research on this guy is so rich that I almost hope the Republican Party is this stupid. Bring it on, GOP, bring it on.

Here it is, the somewhat anticlimactic morning after the historic vote on health care reform in the House of Representatives. I thought it would be nice to have a reminder of why we are fighting and why the fight continues.

This version of health care reform was never going to be the final product. Certainly, the inclusion of the Stupak amendment makes its current version unpalatable to me and others. But we must remember Lisa and Cathy and her son and stake out this new ground and then push for more and more, until we have truly universal health coverage and we catch up with the rest of the industrialized world.

Health care will be topic one with the bobbleheads. Joe Lieberman gets the attention he so whorishly craves, with an appearance on Fox News Sunday. The rest of the shows seem to take pains to offer up matched sets: DNC chair Tim Kaine with RNC chair Michael Steele on This Week, Governors Ed Rendell (D-PA) and Haley Barbour (R-MS) on Meet the Press. Astroturf King Dick Armey will be on Face the Nation, (note the description isn't his current gig with FreedomWorks, but as a former House leader...sneaky). New Virginia Governor Bob McDonnell gets dual exposure on Fox News Sunday and State of the Union. Think they'll mention his rather retro-notions on gender roles? Nah, I don't think so either. My favorite round table guest, Rachel Maddow, is back on Meet the Press. Let's see her show David Gregory for the chump he is.

ABC's "This Week" - Democratic National Chairman Tim Kaine and Republican National Chairman Michael Steele; Army chief of staff Gen. George Casey.

CBS' "Face the Nation" -Sen. Robert Menendez, D-N.J.; former House Majority Leader Dick Armey, R-Texas; Rep. Debbie Wasserman Schultz, D-Fla.

NBC's "Meet the Press" - Govs. Haley Barbour, R-Miss., and Ed Rendell, D-Pa.

NBC's "The Chris Matthew Show" - Panel: Kathleen Parker, Andrew Sullivan, John Heilemann, Savannah Guthrie. Topics: Election Fallout: How Will Democrats Both Stick with Obama and Move to the Center? The GOP's Strange Bedfellows: Do the Wingnuts Run the Show? Meter Questions: Will Tuesday's vote scare moderates on health care? YES: 1 NO: 11; Will Afghanistan define President Obama's legacy more than health care? YES: 6 No: 6.

CNN's "State of the Union" - Army chief of staff Casey; Virginia Gov.-elect Bob McDonnell.

CNN's "Fareed Zakaria GPS" - A star-studded panel of historians discusses Obama's first year in office and the political climate in America. Plus, as Hamid Karzai gets another term as President of Afghanistan, we get the view from across the border: Pakistan's former President Pervez Musharraf on Karzai, corruption, and the prospects for peace in Afghanistan.

CNN's "Amanpour" - Christiane talks to Iranian mastermind of 1979 US Embassy takeover, plus a hostage, and Pres. Carter's Iran point man.

"Fox News Sunday" - McDonnell; Sen. Joe Lieberman, Connecticut independent; Reps. Chris Van Hollen, D-Md., and Mike Pence, R-Ind.

So, what's catching your eye this morning?

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Woot! I love it when we get some plain-spoken truth on the House Floor. Such a refreshing change from the Republican lies and fear-mongering.

The Republican record defies their rhetoric. Remember their so-called Prescription Drug Benefit for Seniors passed in the dark of the night? No one read the bill, didn’t know what was in it. Cost 700 billion dollars ‘cause that was subsidizing the pharmaceutical and insurance industry. But now, they’re worried about costs. It gave the seniors a donut hole.

Now their concern is not about what they’re stating. It’s about their patrons in the insurance industry. Because this bill has real reforms of the worst abuses of the insurance industry. It takes away their unfair anti-trust immunity, so they can no longer collude to drive up premium prices or restrict coverages. The Republicans would continue the anti-trust exemption. This bill outlaws the unfair pre-existing condition restriction. Republicans would continue that for the insurance industry. This bill would not allow the industry to cancel your policy even though you’ve been paying your premiums when you get sick. It’s called recission. The Republicans allowed that abuse to continue. This bill, on our side, outlaws the small print that limits your lifetime coverage, which bankrupts families every day in America. The Republicans allow it to continue.

And that’s not enough. They’ve opened up a new loophole, their so-called national plan: a company would only be regulated by the laws of the state in which it was based when it sold you a policy. If you live in Oregon, but you bought a policy that was written--and oh, by the way, they expand the definition of state to include the territories in the Mariana Islands—so if you’ve got a problem, call the Mariana Islands Insurance Commissioner. That’s the Republican plan and profits to the insurance industry!

From an email by ChangeCongress:

We've got great news to report about our campaign shaming Sen. Richard Burr (R-NC) for taking $700,000 from the defense industry and Chamber of Commerce and then siding with them against rape victims and his constituents. Thousands of people have signed our national expression of outrage and told their friends to sign -- and the national and local media are reporting on our campaign!

We need to keep the momentum up. Can you check out our petition and sign today?

From the National Journal:

Reform group Change Congress launched a campaign yesterday to shame Sen. Richard Burr, R-N.C., for voting against legislation that would help ensure victims of rape have the right to bring their case to court. The government reform group hit cyberspace with an email asking people to sign a 'national expression of outrage.' Citing $700,000 in campaign contributions from the U.S. Chamber of Commerce and the defense industry, Change Congress accused Burr of putting special interests before rape victims.

The more signatures we get, the more the media will report on his campaign. We need to keep publicly shaming these politicians one by one until Congress realizes it's time to replace special-interest-funded elections with citizen-funded elections.

Until they do, Americans will continue to ask: Did you vote that way because it made good sense, or because it raised special-interest campaign dollars?

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What color is the sky in Mean Jean Schmidt's world? Because we are clearly through the looking glass when the Wicked Witch of Ohio claims that most Americans are against this bill (LIES), that the CBO says healthcare costs will not be reduced (LIES, although in fairness, they trashed the Republican version), and reduced Medicare benefits (LIES).

Maybe if the Republicans have nothing but lies and scare tactics to offer up as their objection to health care reform, that should tell their tea-baggin' supporters something.