The Note: Kennedy Center

ByABC News
March 23, 2005, 3:52 PM

— -- WASHINGTON, March 23 --

NEWS SUMMARY
Early this morning, a federal appeals court declined to restore Terri Schiavo's feeding tube, prompting her parents to prepare an immediate appeal to the U.S. Supreme Court.

Pressure is mounting on Florida Gov. Jeb Bush to do, well, something, but the state legislature seems very reluctant to act, and Bush's options are limited.

And Congress, including Leader DeLay, seems to have played its last card on this. And the Governor's brother the President doesn't seem to have (m)any options either.

Assuming the case does head to the Supreme Court, the application would be addressed to Justice Kennedy, since he has jurisdiction over the circuit court that ruled originally. Kennedy could act alone, but normally in applications regarding life and death the case is referred to the full court.

There are no arguments scheduled today, and/but the Justices don't need to be in the building to act. They can handle the issue telephonically. So the Court could simply deny the application by a paper statement (That's how they've done so with the Schiavo case in the past.).

Or they could act on it and issue an order.

Or the Court could ask Michael Schiavo's attorney for a response.

The spin-off debates continue, but the political rhythms of the story has certainly slowed dramatically, and if anyone can tell you if it will leave a mark on Congress or any future elections, please have them give us a call or e-mail us at politicalunit@abcnews.com

Today in Waco, President Bush meets with Mexican President Fox and Canadian Prime Minister Paul Martin. The leaders will have private meetings and then a media availability at 12:20 pm ET, followed by lunch at the Bush ranch in Crawford.

This is the first tri-lateral meeting for Bush, Fox and Martin, leaders of the three NAFTA nations.

ABC News' Karen Travers reports that the leaders will announce an initiative on cooperation on security and prosperity and eliminating obstacles to those goals, senior administration officials said.

Even with the President off of the Social Security hustings, this could be a big day on the matter. Vice President Cheney takes part in his third town hall meeting of the week. This one features Rep. Melissa Hart at LarRoche College in Pittsburgh. It begins at 1:30 pm ET.

The Social Security trustees' report hits Washington at about noon, and the Treasury Secretary, John Snow, briefs at 12:30 pm ET. You can watch the live Webcast at www.treasury.gov. (A Rob Nichols/Taylor Griffin innovation we very much like.)

Innumerable press conferences and conference calls (the Center for Budget and Policy Priorities at 2:00 pm ET being the key one for the opposing point of view) follow at times TBD.

Reports ABC News' Dan Arnall: "The monthly government report on consumer prices shows inflation pressures are picking up. The Bureau of Labor Statistics says prices at the retail level were up 0.4% in February. That's above the consensus forecast of a 0.3% increase and is the largest one-month gain since last October. Excluding volatile food and energy prices -- the so-called core rate -- prices increased 0.3%, significantly outpacing the expected 0.1% price hike. When combined with yesterday's warning from the Federal Reserve on mounting concerns about short-term price hikes, today's report paints an increasingly clear picture that inflation is gaining momentum."

DNC Chairman Howard Dean begins day two of his Tennessee trip and flies back to Washington for a fundraiser tonight at H2O.

Schiavo in Washington:
Nary a positive word in the newspapers today about conservative support for the congressional bill, perhaps reflecting the beginning of a media backlash.

The New York Times' Adam Nagourney Notes the discomfort many conservatives have with congressional activism on the Schiavo case, from big-think activists like Stephen Moore to mostly conservative Senators like John Warner to Hoover Institution fellows who worry that Republicans have shot themselves in le proverbial foot. LINK

However, there are still many defenders of the weekend's actions: "In interviews, some conservatives either dismissed the argument that the vote was a federal intrusion on states' rights or argued that their opposition to euthanasia as part of their support of the right-to-life movement trumped any aversion they might have to a dominant federal government."

"'There's a larger issue in play,' and Gov. Mike Huckabee of Arkansas, 'and that is the whole issue of the definition of life. The issue of when is it a life is a broader issue than just a state defining that. I don't think we can have 50 different definitions of life.'"

Some conservatives see Congress' role in the Schiavo case as exactly the sort of big-government intervention they oppose, USA Today says. LINK

The Times' Carl Hulse and David Kirkpatrick see the Schiavo fight and the emotions and tactics involved as a precursor to the judicial nomination battles sure to be ahead. LINK

Andrew Kohut's New York Times op-ed makes the point that "the Congressional vote on Monday allowing Terri Schiavo's parents to take her case to a federal court underscores the success of Christian conservatives in defining the last election as having been decided by moral values. But political strategists may not want to bank too heavily on this assessment. Especially on life-and-death issues, support for moral values among Americans must contend with a deeply held pragmatism." LINK

"While there were probably more votes of conscience in Congress on the bill than the public thinks, it is also pretty clear that the Christian conservative movement now has the clout on life-and-death issues to do what the National Rifle Association has done for years on gun control. Strengthened by the results of the November elections, the movement can convey to legislators that the intensity of their constituents' beliefs is more important than the balance of national public opinion. Swayed by this reasoning, more than a few Democrats may be more interested in moving to the right on moral values than in staking out the middle of the political landscape."

"Christian conservatives have a lot of political capital these days, most of it earned, some of it overstated. Public reaction to Congress's intervention in the Schiavo case may well test whether they have enough standing to run against public opinion on end-of-life issues. But unlike gun control, where groups like the National Rifle Association have disproportionate political power in rural areas and states, end-of-life issues are a full-court game."

"Potentially arrayed against conservatives are elderly people, who vote heavily, as well as baby boomers, who always have numbers on their side. These voters, increasingly concerned about these issues in their own lives, may well be wary of political constraints on the tough choices they or their families may face."

In another New York Times op-ed, former Reagan solicitor general Charles Fried accuses Congress of violating the fundamental precepts of its own preference for a strong federalism. LINK

The Boston Globe's Nina Easton looks at the "very awkward" "uneasy alliance" between disability rights groups and Christian conservatives in pushing to limit the ability of families to be able to make the life-and-death decisions for incapacitated patients that they can't make for themselves. LINK

The Los Angeles Times' Richard Simon looks at how the intervention into the Schiavo case has affected members of Congress, who are considering legislation to apply to other patients who can't make medical decisions for themselves and have left no instructions on their wishes or their care. LINK

Write the Christian Science Monitor's Warren Richey and Linda Feldmann: "On the positive side, the case has helped educate Americans about the importance of living wills. But rather than uniting the nation, the Schiavo case has increasingly divided and polarized the country, analysts say." LINK

Sheryl Gay Stolberg of the New York Times on how Congress's medical professionals made their Schiavo diagnoses. LINK

The Washington Post's Jonathan Weisman and Ceci Connolly look at the Schiavo case in the context of Republican lawmakers' proposed cuts to Medicaid, and the fighting over one patient versus an overall program providing care to many patients. LINK

The Washington Post's Harold Meyerson sees the political battle over Terri Schiavo as motivated purely by what's good for the politicians -- or at least advantageous in the face of 2008 -- and not by what's good for the care of patients, given the Medicare cuts that House GOP lawmakers passed last week. If Democrats wake up at the wheel, they could make an issue of the overreaching, Meyerson claims. LINK

The Washington Post's Charles Krauthammer writes that Michael Schiavo may be confusing his own wishes with those of his wife, and proposes a law that gives power of attorney to whatever relative is committed to keeping an incapacitated person alive. LINK

But make no mistake: Mr. Krauthammer does NOT like what Congress did.

Schiavo: in Florida:
Florida's U.S. Congressional lawmakers are mostly sullen and resigned. LINK

Pressure mounts on Florida legislators to change their mind about Terry Schiavo. LINK

Vice President Cheney and Post Writer Vandy:
Vice President Cheney sat down with the Washington Post's Jim VandeHei aboard Air Force Two yesterday, and said that putting Administration loyalists and people who support the war in Iraq in important diplomatic posts reinforces the U.S. position of strength at the United Nations and around the world. LINK

"In the interview conducted en route from Reno, Nev., the vice president bluntly acknowledged the administration's shortcomings in overcoming international hostility to American foreign policy and communicating a positive image of the United States abroad, especially to the Arab and Muslim worlds."

"'If we are going to be successful long-term in the war on terror and in the broader objective of promoting freedom and democracy in that part of the world, we have to get the public diplomacy piece of it right,' Cheney said. 'Up until now, that has been a very weak part of our arsenal.'"

"Cheney has been a driving force in the administration's foreign policy and privately advocated for Bolton to get the U.N. job and for longtime ally Paul D. Wolfowitz to head the World Bank. The vice president said top-level changes at the State Department should help set a better course."

"'What the president has done . . . is make some personnel changes that he felt would strengthen our capacity as an administration to achieve our objectives,' Cheney said."

Next up: Lewis "Scooter" Libby as a possible deputy defense secretary -- although the Veep made clear he needs his Scooter.

Social Security:
The New York Times' Anne Kornblut sees a more flexible President Bush on the Social Security campaign trail . . . LINK

. . . what with him open to raising the payroll tax caps and explaining more clearly some of the features (and limits) of his plan . . . but if this is true, someone might to want to ask the Vice President to tone down his crticism of raising the payroll tax cap, which featured prominently on Monday as he campaigned with Rep. Bill Thomas in California. (See: LINK

)

This is a must-read; Note the changed signage as well.

Incidentally, Kornblut Notes that Sen, John McCain's Iraq-war-related pronouncement was the biggest applause line, that one Social Security event appeared to be sparsely attended, and that one panel member seemed more rehearsed than usual.

The Washington Post's Michael Fletcher and Jim VandeHei write up President Bush's less-than-veiled threats against Democratic lawmakers who don't get on board with his Social Security plan while he was on the road Tuesday, Noting Sen. John McCain's starring role as cheerleader for the President and attack dog to the AARP. Meanwhile, in Reno, Vice President Cheney raised the idea of addressing Social Security survivors' benefits, which President Bush had previously said were off the table. LINK

The Los Angeles Times' Peter Wallsten ledes that the President issued a plea for opponents of his Social Security plan to stop attacking it. LINK

AP has more on McCain's less than rosy picture of the AARP. LINK

Bloomberg's Heidi Przybyla takes a long-overdue look at President Bush's embrace of Robert Pozen.

Two key quotes:

"'These things are kind of moving away from some of the harshness of the president's initial proposal,' said John Rother, AARP's policy director. 'It's unfreezing the debate from a very polarized situation to kind of an effort to run a few ideas up the flagpole.'"

And: "Bush's adoption of the Pozen proposal "is clearly an olive branch to Democrats to bring people to the table,' said David John, a Social Security analyst at the Heritage Foundation in Washington who supports private accounts. Bush's plan, he added, 'is not moving forward as fast as we'd like.'"

The State's Lauren Markoe looks at the front-and-center role in the Social Security debate for Sen. Lindsey Graham -- who incidentally says he has "no desire to run for president in 2008." LINK

Judicial nomination politics:
The Washington Times' Charles Hurt reports this morning that at least six of 55 Republicans in the Senate harbor grave doubts about the wisdom of ending judicial filibusters. This comes after more "private" assessments by the Republican leadership that they, indeed, had the 50 votes they needed. LINK

Economy:
The Wall Street Journal's Aeppel front pages a look at how oil price increases are making stuff like shoes and plastic cost more.

2008: Democrats:
Sen. Hillary Rodham Clinton made a quiet(ish) fundraising trip to Texas yesterday. LINK

Not a problem we have regularly, but hey:

From Page Six: "IT'S one thing to get elected to high office with an outspoken wife -- it's quite another to get into a tony country club. Case in point: Sen. Evan Bayh (D-Ind.), an applicant to the blue-blooded Chevy Chase Club in suburban Washington. He's been on probation since his wife, Susan, was overheard yelling at the staff on more than one occasion. 'She's really teed off on some of the help,' said one member. Bayh, whose name is often brought up as a possible presidential candidate, had enjoyed club privileges while his application was being considered." LINK

Campbell Brown sat knee-to-knee with John Edwards on Sunday for an "exclusive" interview (insomuch as there were no other cameras there at the time). The interview aired on "Today" today.

Old questions were asked and old answers were given (Helping Elizabeth is the priority, the kids are OK, but it is hardest on Cate, '08 will take care of itself, Hillary Clinton is not the frontrunner, poverty is an important issue -- whatever the politics.).

New business: the Schiavo case is a tragedy and a mildish rebuke to Congress for getting involved. And good b-roll of the ex-Senator and the kids watching March Madness (Go Pack!!!).

Jonathan Roos explains in today's Des Moines Register why allergy-prone politicians campaigning through Iowa may leave the state sniffling starting 60 days from now. LINK

As spring fever approaches, Gov. Vilsack signed into law yesterday a bill that will set stringent limitations on pseudophedrine, a common decongestant used in standard cold and allergy medications.

"Under the bill, all Iowa stores will be allowed to sell one small package or bottle of liquid or gel-caps containing pseudoephedrine per person per day, while sales of higher-dose products and all tablet forms of the medicines will be restricted to pharmacies."

Megan Hawkins reflects on mixed feelings surrounding the new meth restrictions in the Des Moines Register. LINK

In the Quad City Times, Todd Dorman offers Gov. Vilsack's own multi-adjectival feelings on the subject: "'This is a tough issue, a difficult issue, a complicated issue,' Vilsack said." LINK

The law (which he signed -- not "singed" yesterday) got him some favorable, tough-on-crime national television mentions, including an item on "World News Tonight."

All of which makes B.J.'s new job easier.

2008 Republicans:
Bloomberg's Dick Keil looks at the battle for 2008, particularly among Republicans and particularly in New Hampshire, and it includes this:

"'The rest of the nation thinks the election is over,' said Tom Rath, a Republican National Committeeman who spent last weekend squiring Frist to speeches in Concord, Plymouth and Nashua. `But the next one's already under way here.'"

Former House Speaker Newt Gingrich heads to the Granite State for a Republican Party event in Bedford on April 18.

Rudy Giuliani is in Toronto tomorrow. LINK

2006:
Big news, per Roll Call (and confirmed by ABC News): "Rep. James Langevin (R.I.) is not going to seek the Democratic nomination for the Senate in the Ocean State next year, according to Democratic sources."

Big money: the DSCC holds a major-dollar fundraising in NYC, hosted by Sen. Schumer. LINK

The Hill says Katherine Harris met with Karl Rove twice in past weeks and wonders what it all means for Bill Nelson. LINK

Sen. Rick Santorum is having doubts about the death penalty, the Pittsburgh Post-Gazette reports. Fair enough. But his ideological enemies might have a field day with this sentence:

"He has not become an abolitionist, and he believes church teaching against the death penalty carries less weight than its longer-standing opposition to abortion. But he questions what he once unquestioningly supported." LINK

Re-electing Sanoturm is the GOP's top priority in 2006, according to Ken Mehlman. LINK

In Maryland, Rep. Chris Van Hollen (D) said he'd form an exploratory committee to test a possible Senate bid, and Rep. Ben Cardin (seen as Sen. Sarbanes' temperamental heir) has yet to make up his mind.

Will Sen. Ken Salazar (D) run for Colorado governor in 2006? LINK

Dr. Dean and the Democrats:
A New York Times article on British Prime Minister Tony Blair kicks off this section as a greeting to a pre-eminent ex-pat political consultant, Karen Hicks, who has spent the past few months as a member of Mr. Blair's inner political circle. (She's also a charter member of DNC Chair Howard Dean's inner circle and one his closest advisers.)

Reporter Alan Cowell writes that Labour will probably win the upcoming election despite rising je ne sais quoi with Blair's performance. He has problems with women. Folks don't trust him. Gordon Brown's inner circle won't keep their mouths shut. So Blair, prodded by strategists, is looking to bypass the filter of Britain's traditional media. And folks like Ms. Hicks are helping Labour fine-tune their GOTV machinery. LINK

Dean's speech in Tennessee last night included two biblical references. (None, thank goodness, to Job.) LINK

Other coverage was generally favorable: See: LINK

An NRCC fundraising letter mixes derision for Dean's views with praise for his acumen:

" . . . one thing Dean has shown is an unmatched fundraising prowess. He appeals to the extremists on the Left, reaching radicals from coast to coast united in their hatred for our President and Republican officials. This fundraising ability is a concern to me. Despite the voters' rejection of the Democrats smear and fear tactics in 2004, the Democratic Party and its allies raised record amounts of money last year. And they show no signs of stopping. Dean and the DNC have already raised many millions of dollars this year, much of it over the Internet. With Howard Dean and his fundraising machine leading the DNC, it is imperative that we are able to match them dollar for dollar. That's why I hope you'll make a contribution right now."

Today at the National Press Club, the Center for American Progress, that new liberal think tank peopled by former Bill Clinton policy types, will try to revive the goal of achieving universal health care coverage by introducing a proposal they've been cooking for about a year.

They've briefed Democratic staffers on the Hill and hope to move it through the political bloodstream in the next few months. They acknowledge that their plan has little chance of making into passable legislation this year or next, but they hope to provide nourishment for those Democrats and others hungry for a serious universal health care plan.

The plan sounds similar to a mesh of proposals by Dick Gephardt, Howard Dean and nominee John Kerry in the last election.

--The bulk of the new insurance coverage would come from an expansion of Medicare and Medicaid.
--They'd add a new option for individuals similar to the federal employment health care program.
--They say they'd limit payments from individuals by pegging deductibles to 5 and 7 percent of their income
--They'd ask people enroll in insurance or pay an income-related charge if they don't want insurance . . . so it truly would be universal in their eyes.
--They say other facets of the plan improves value, prioritizes wellness over illness, and emphasizes research.
The plan would be paid for by progressive VAT at a 3 or 4 percent rate.

The CAP staff says the plan is unlike Clinton care in 1994 because it relies on the existing employer-based health insurance model, doesn't expand government bureaucracy, expands choice of doctors and stresses personal responsibility.

The War Room, South America: A new documentary about Bob Shrum and James Carville is written up in the New York Observer. LINK

The Republicans:
A coalition of conservative libertarians and others concerned about the USA Patriot Act will lobby together to change parts it, the New York Times' Eric Lichtblau reports. Names include Grover Norquist, Paul Weyrich, David Keene and the ACLU. LINK

We inexplicably missed Davis Brooks' Jonathan Edwards-like sermon yesterday, in which he takes on the establishment of Republican "sleazeo-cons" who merge lobbying with money grubbing. Mr. Brooks singles out, Jack Abramoff, Ralph Reed and Grover Norquist for ire. LINK

Thank goodness John Roberts had his access to Karl Rove restored. LINK

2005:
Yesterday Virginia gubernatorial hopeful Jerry Kilgore promised to take tax increases designed to raise funds for transportation and other state services directly to the voters via referendum. LINK

And he also heaped praise on Gov. Warner for signing a reduction in the grocery tax.

Politics:
Did politics play a role in Florida hurricane response? LINK

The Wall Street Journal's editorial expressing unhappiness with McCain-Feingold and the FEC's possible regulation of the Internet forgets to mention who signed the original bill into law. (The editorial below it attacks Michigan Governor Granholm as a tax raiser.)

We read with delight that Mary Matalin, who the press release justly calls a "celebrated poliitcal strategist, author and commentator," will soon publish her own books under the auspices of Simon and Schuster.

From the release:. "While most of the titles will have a topical bent that is consistent with Ms. Matalin's well-known conservative views, the imprint will be open to books in categories ranging from politics, history and media to faith, values and cultural issues."

Speaking of Matalin, Virginia Tech junior and poli sci major Ken Mallory wrote a letter to the school paper in the aftermath of what seems to have been a less-than-polite session of the Matalin-Carville road show. LINK

"I came to college believing the university environment was about the open expression of ideas, where opposing viewpoints were embraced and not criticized. Such is the academic environment of a university or, rather, what it should be. I was greatly saddened to see this was not the case with James Carville and Mary Matalin. Some members of the student body were disgraceful in their mannerisms towards our guests, who took valuable time from their schedules to come speak to us. I can perfectly understand students asking legitimate political questions, which corresponds to some of the questions that were asked; but when the questioner poses it in such a way as to personally attack a speaker, the line is crossed into sheer rudeness."

"I don't care if you are a liberal or a conservative, I'm sure you would agree that insulting the education, talent and professional background of the two speakers we had last Thursday is asinine and not the least bit presumptuous for an undergraduate college student . . . "

"I for one am thankful our speakers did not walk off in disgust, and I sincerely hope that they don't spread the word that Virginia Tech is such a disrespectful and rude crowd to potential speakers. It would be a shame if we students let a few bad apples like that ruin the show for everyone. We're better than those few who were rude and disrespectful. Let's show it a little better next time."

"Finally, to James Carville and Mary Matalin, I apologize for the conduct of my fellow students, and I hope that some time in the future you would see fit to come back and visit the true Hokies and see what this institute truly has to offer."

The Note wonders what happened!!!!