PEOPLE FOR BLOG

The Growing Call to #GetMoneyOut

This week, local activists in 12 states delivered petitions in support of a constitutional amendment to get big money out of politics.

Last September, a majority of the Senate voted in support of the Democracy For All Amendment, a proposal that would overturn Supreme Court decisions like Citizens United and let lawmakers put commonsense limits on money in elections.

Building off that progress, this week activists in more than 12 states delivered petitions to their House and Senate members asking them to support the Democracy For All Amendment. As wealthy special interests prepare to pour billions into the 2016 elections, ordinary Americans aren’t just shaking their heads. They are signing petitions, organizing events, lobbying their elected officials, and pushing for change.

In California, local leaders delivered 311,950 petitions – all signed by Californians who support an amendment to overturn decisions like Citizens United – to Rep. Tony Cardenas. Their raised fingers represent the fight to protect the promise of “one person, one vote.”

In New York, activists did the same at the office of Rep. Yvette Clark.

One Maryland activist even hand-delivered his petitions directly to Minority Whip Steny Hoyer.

A number of local leaders in New Hampshire came out to deliver thousands of petitions to Sen. Kelly Ayotte...

…which caught the attention of local media.

All in all, more than five million Americans have signed petitions in support of a constitutional amendment to get big money out of politics. Grassroots leaders across the country are going to keep up the pressure on their elected officials until support for the amendment in Congress reflects the overwhelming support among constituents.
 

PFAW

Arkansas Kicks Off 2016 Ballot Initiative to #GetMoneyOut

This week PFAW staff joined members of the Arkansas Democracy Coalition to kick off a 2016 ballot initiative campaign to increase disclosure in election spending and support a constitutional amendment to overturn Supreme Court cases like Citizens United. The series of events, including a performance showcasing the story of legendary campaign finance activist Doris “Granny D” Haddock and a march for democracy through downtown Little Rock, culminated with a press conference on the steps of the state capitol building.



Speakers included Paul Spencer of Regnat Populus, a convening organization of the Arkansas Democracy coalition; Rep. Clarke Tucker, a member of the Arkansas state legislature; Rhana Bazzini, an 83-year-old woman who has marched hundreds of miles in the tradition of Granny D to promote campaign finance reform; and Rio Tazewell, the Government By the People campaign coordinator at People For the American Way. 

The Arkansas Democracy Coalition, in partnership with PFAW and other national allies, has submitted ballot language awaiting approval by the Arkansas Attorney General. Upon approval, a signature gathering campaign will launch to collect the 70,000 names needed to get the resolution on the ballot. If passed, the resolution would make Arkansas the 17th state on record in support of an amendment to get big money out of politics.

PFAW

Cornyn and Cruz Haven't Helped Their Own Judicial Nominee

The Senate is heading toward a weeklong Memorial Day recess with no sign that Majority Leader McConnell will schedule a vote to confirm a long-waiting judicial nominee from Texas. If Jose Rolando Olvera is not confirmed to the Southern District this week, it will be only the latest failure for Texas Senators John Cornyn and Ted Cruz in looking after their state's federal courts.

The state has ten judicial vacancies, eight of which are judicial emergencies, and only one of which even has a nominee, despite extensive White House efforts to reach out to the senators.

But the focus this week is on Olvera. He was among four district court nominees – three Texans and one Utahan – approved unanimously by the Judiciary Committee way back in February. Three months later, McConnell has allowed the Senate to vote on only two of them, the only judges confirmed so far in the 114th Congress. It is hard to imagine a legitimate reason to delay a vote for so long and deliberately keep a judicial vacancy open longer than necessary.

President Obama nominated Olvera after he was recommended by Cornyn and Cruz, and they praised Olvera and his fellow Texas nominees at their confirmation hearing in January. Yet on February 12, when committee chairman Chuck Grassley delayed a previously scheduled vote by two weeks without offering a reason, not a squeak of protest could be heard from either Cornyn or Cruz, both of whom are members of the Committee.

After they finally cleared the committee, they faced more obstruction, this time from McConnell, who didn't schedule votes on any of these unopposed consensus district court nominees until mid-April. The Utah nominee is finally get a vote later today. But with the Senate planning to leave town until June, Olvera's nomination is still languishing.

In the meantime, people and businesses in Texas suffer from the lack of enough judges. The vacancy Olvera would fill has been formally designated a judicial emergency by the Administrative Office of U.S. Courts, meaning there aren't enough judges to handle the caseload.

In fact, the situation in the Southern District is so bad that the Judicial Conference of the United States (headed by Chief Justice John Roberts) has asked Congress to create two additional judgeships there. In other words, even with every vacancy filled and senior (semi-retired) judges carrying a significant caseload, Texans seeking to protect their legal rights would still be denied their right to a timely day in court.

Surely if the senators had wanted this vacancy filled in a timely manner, it would have been filled already. After all, John Cornyn isn't just some back-bencher. As the Senate Majority Whip, he occupies a powerful leadership position.

The Senate should have confirmed Olvera months ago. There is certainly no excuse for the Senate to leave town for Memorial Day recess without confirming Olvera to the bench and allowing him to take up his judicial responsibilities as soon as possible.

Cornyn and Cruz cannot get a timely confirmation vote in a Senate controlled by their own party for an uncontested district court nominee who they themselves recommended to the White House. Or perhaps they can but choose not to. Either way, that's pitiful.

PFAW

Rebuffed by Republican Legislators, Bobby Jindal Issues Executive Order on 'Religious Liberty'

In a Republican presidential field crowded with far-right candidates, Louisiana Gov. Bobby Jindal is trying to distinguish himself as the far-rightest candidate, especially on issues relating to marriage equality and its supposed threat to the religious freedom of conservative Christians.

Jindal’s latest came at the end of the day on Tuesday. Unwilling to accept the legislature’s failure to pass a so-called “religious liberty” bill (it was voted down 10-2 in a House committee), Jindal issued an executive order designed to protect any person who “acts in accordance with a religious belief that marriage is between one man and one woman.” The order explicitly defines “person” to include for-profit corporations and well as nonprofit organizations.

Jindal has adopted the rhetorical strategy promoted by the National Organization for Marriage and other opponents of LGTB equality: try to turn conversation about anti-gay discrimination “on its head” by declaring that laws protecting gay people are actually a form of discrimination against Christians. His statement about the executive order said it was designed to “prevent the state from discriminating against persons or entities with deeply held religious beliefs that marriage is between one man and one woman.”

Jindal’s order invokes the Supreme Court’s decision in Hobby Lobby, making it the latest sign that the decision – which granted corporations a right to claim legal exemptions based on the religious beliefs of company owners -- poses a threat to nondiscrimination measures and potentially a wide range of laws protecting the interests of workers. Jindal declared that his order is “not about discrimination,” even though its clear intent is to give legal cover to companies, government officials, and others who discriminate against same-sex couples.

Louisiana does not currently give legal recognition to same-sex couples, but Jindal is concerned that the state’s ban on marriage equality may soon be struck down by the Supreme Court, a potential ruling which his order seems to be a legally questionable effort to pre-empt. Jindal should be asked to clarify exactly what actions his legislation is designed to “protect”: a courthouse clerk who refuses to process marriage license paperwork? Religious schools getting tax dollars under Jindal’s education policy refusing to accept children of gay parents? Catholic hospitals refusing to recognize the spousal or parental rights of gay couples during medical emergencies?   

Jindal’s “religious liberty” bill had been opposed by business and tourism leaders as well as civil rights groups. The New Orleans Times Picayune reports that the New Orleans Convention and Visitors Bureau CEO Stephen Perry had called the bill “a radioactive, poisonous message.”

But Jindal’s primary audience is no longer his Louisiana constituents; it's right-wing activists nationwide. Jindal boasted about the executive order by stopping by the radio program hosted by Family Research Council President Tony Perkins, an anti-gay activist who once suggested that LGBT non-discrimination measures would lead to the Holocaust perpetrated against Christians.

Right-wing pundit and Iowa GOP activist Steve Deace reacted rapturously, proclaiming Jindal his “winner of the week” for standing up to “Republicrats.”

Jindal immediately stepped in and ordered that while he’s governor the state government is not going to be a tool of the Cultural Marxists’ Rainbow Jihad against religion — particularly Christianity….

This action by Jindal is an example of what will be required of the next president if he’s going to truly honor his oath of office to defend our Constitution against all enemies — “both foreign and domestic.”

Let’s face it, the vast majority of alleged conservatives won’t stand up to the Democrats. And almost none of them will stand up to the Republicrats. On perhaps the most important issue of them all — the First Amendment that allows us the freedom to peacefully and publicly stand on principle for everything else — Jindal has done both.

But he didn’t just stand up to them rhetorically, he actually did something about it. There are several potentially exciting presidential candidates this cycle. There’s even a couple that like Jindal have shown they will tell the Republicrats bleeding us dry to stick it where the sun doesn’t shine.

PFAW

GOP: President Obama's Out to Destroy Our Nation Through His Executive Actions on Immigration

This piece was written by PFAW Political Director Randy Borntrager and originally appeared in the Huffington Post. 

On May 19, part of President Obama’s executive actions to keep DREAMers and families from being deported was supposed to go into effect, but they’ve been temporarily blocked because of a lawsuit brought on by anti-immigrant Republicans. This week, immigration groups and progressive organizations across the country are rallying in support of the President’s executive actions.

After reading so many anti-Obama, anti-immigrant screeds, I began to wonder, what if all the Right’s most extreme rhetoric came together in one place? Behold! The ultimate anti-immigrant op-ed, brought to you by the Republican Party and their extremist base! Included are actual statements from GOP leaders and activists like Former Governor Jeb Bush, Representative Steve King (IA), and anti-immigrant leader William Gheen.

President Obama’s Out to Destroy Our Nation Through His Executive Actions on Immigration

President Obama’s lawless executive actions on immigration that protect DREAMers and families from deportation are an insult to the American people. Obama is acting like a Latin American dictator, King George, a tyrant, and Putin, abusing his power to promote his nefarious agenda.

This literally could be the death of the Republic. The executive actions could cause our country to descend abruptly into an abyss that we have never seen in the history of this country. Or at the least, the executive actions will turn us into a lawless third-world nation. Our Constitution will certainly be torn asunder.

If we stop families from being deported, we open the doors for our country to be invaded by immigrants, one person at a time. Our pockets are being picked and innocent people are being killed by illegal aliens and hurt and robbed and beaten and raped by criminal foreign nationals that are in our country. Most undocumented immigrants are 130-pound drug runners with calves the size of cantaloupes.

They're going to be dependent on welfare and handouts and hence will be dependent on the Democratic Party for their livelihoods. These immigrants just come here for easy acquisition of public support through welfare programs. They’re rushing over here because they’ve heard there’s a bowl of food just across the border. And once they’re here, they’ll raid the Social Security system and lie about their work history.

The impending new Latino majority in the U.S. (which will happen soon because of course immigrants are more fertile than native-born Americans) is dangerous – they could conduct an ethnic cleansing.

We can’t stand idly by as the President does this – he’s not above the law and above the Constitution. The Senate should not confirm a single nominee—executive or judicial—outside of vital national security positions, so long as the illegal amnesty persists. We could also shut down the government again!

But that’s not enough. We have a constitutional duty to stop this runaway, imperial presidency – should we impeach Obama? And at some point, we have to evaluate whether the president's conduct aids or abets, encourages, or entices foreigners to unlawfully cross into the United States. That has a five-year in-jail penalty associated with it. We must also start talking about treason. Obama’s action certainly is an act of treason because it’s aiding and abetting the enemies of America and giving them comfort and aid.

So let’s arrest the president of the United States! If not, there could be civil war.

To see even more anti-immigrant, anti-Obama rhetoric from the GOP – and who’s saying what – check out People For the American Way’s recent memos on this issue.

PFAW

PFAW Criticizes Jeb Bush for Taxpayer Funding of Anti-Gay Group

In an International Business Times article from earlier this month, Andrew Perez and David Sirota reported that Jeb Bush, as governor of Florida, used taxpayer funds to subsidize a company owned by the far-right, anti-gay American Family Association (AFA).

Specifically, the “lucrative tax break” that Bush delivered helped the company’s production of “Web filter technology to prevent Internet users from seeing pornography or information about homosexual relationships or transgender identities.”

In the article, People For the American Way President Michael Keegan pointed out that Bush’s actions highlight his extremism as an elected official:

"That Jeb Bush gave taxpayer money to a subsidiary of a hate group whose founder has compared homosexuality to theft and murder and has claimed that gay people target children speaks volumes about who Bush is as an elected official,” said Michael Keegan of the liberal activist group People for the American Way. “If there was any question about his extremism before, this eliminates any shred of doubt.”

People For the American Way has long monitored the far-right, homophobic actions and rhetoric of the American Family Association. When Bush first provided the tax break to AFA’s company, PFAW was one of the leading groups to call him out on it. In 2001, PFAW President Ralph G. Neas and PFAW Florida Director Lisa Versaci urged Bush to rescind his support for an organization whose president had declared: “For the sake of our children and society, we must oppose the spread of homosexual activity! Just as we oppose murder, stealing, and adultery.”
 

PFAW

PFAW Foundation Board Member Kathleen Turner Discusses Abortion Access, the “Personhood” Movement on “All In with Chris Hayes”

People For the American Way Foundation board member Kathleen Turner appeared on “All In with Chris Hayes” on Friday to discuss the “personhood” movement and how it’s working in concert with its rivals in the anti-choice movement to end abortion access, especially for low-income women.

Turner said that she sees “personhood,” which would give fertilized eggs and fetuses the same rights as people, as “a Trojan horse.”

She explained:

The fact is because [personhood] has been soundly defeated in several states – Mississippi, North Dakota – that one thinks that it’s a non-issue. But in fact at the same time, there’ve been hundreds, hundreds of bills in every state that have made it more and more difficult to access any kind of healthcare, not just abortion.

Watch the full clip here:

To learn more about the personhood movement, be sure to check out PFAW Foundation’s new report, “The Personhood Movement: Where It Comes from and What It Means for the Future of Choice,” and read Kathleen Turner’s piece in RH Reality Check, “Think the “Personhood” Issue Is Over? Think Again.”

 

PFAW Foundation

House GOP Schedules Vote On 20-Week Abortion Ban That Still Erects Hurdles For Rape Survivors

Back in January, House Republican leaders cancelled a vote on a 20-week abortion ban, the top legislative priority of anti-choice groups, shortly before it was scheduled to take place on the anniversary of Roe v. Wade. A group of more moderate anti-choice Republicans, led by Rep. Renee Ellmers, had objected to language that exempted rape survivors from the ban only if they had reported the assault to law enforcement first, which Ellmers said “further victimized the victims of rape.”

Anti-choice groups were furious and have been holding protests outside the offices of House Republican leaders demanding a new vote on the bill. It seems that they have now gotten their wish.

A number of outlets are reporting that the House leadership has scheduled a vote next week on the 20-week ban after months of negotiations about the rape exception. According to news reports, while the requirement that rape survivors file a police report is no longer in the bill, they are now required to present evidence that they “have received either medical treatment or licensed counseling at least 48 hours prior to the late-term procedure.”

According to LifeNews, the bill also includes an “informed consent” requirement that notifies women “of the age of her baby and the requirements under the law” and includes language making it easier to sue abortion providers.

The Weekly Standard reports that National Right to Life Committee and the Susan B. Anthony List are both behind the new version of the bill:

In 2013, the House passed the bill, called the “Pain Capable Unborn Child Protection Act,” which included exceptions in the cases of rape, incest, and when a physical health issue endangers the life of the mother. But an effort to pass identical legislation in the new Congress was scrapped in January on the eve of the annual March for Life because some GOP members, led publicly by Rep. Renee Ellmers of North Carolina, objected to the bill's reporting requirement for late-term abortions in the case of rape. The bill required the crime to be reported to law enforcement officials at any point prior to performing a late-term abortion.

According to House Republicans, that requirement has been removed from the bill. Instead, the legislation requires abortion doctors to ensure that victims have received either medical treatment or licensed counseling at least 48 hours prior to the late-term procedure. With that change, the bill has assuaged the concerns of those Republican members while still garnering strong support of national pro-life groups, including the National Right to Life Committee and the Susan B. Anthony List.

“I’m proud we’ve gotten to a point where we found a consensus between our members and the pro-life groups out there,” said Rep. Diane Black of Tennessee.

The fact that there was a rape exception in the bill at all was the result of last-minute negotiations on a previous version of the bill after its sponsor, Trent Franks, made a Todd Akin-like remark about pregnancy from rape being rare. As we explore in our recent report on the “personhood” movement, rape exceptions are extraordinarily divisive within the anti-choice community. The National Right to Life Committee’s decision to support the Franks bill even with the narrow rape exception caused a number of state anti-choice groups to form a rival organization that pushes for “no exceptions” anti-choice policies.

Blogger Jill Stanek reports that one person involved in the negotiations on the current version 20-week ban told her, “This is the most complicated bill I’ve ever worked on.”

PFAW

Pamela Geller Is Not a Hero, But...

This piece was originally published in The Huffington Post.

I am grateful to live in a country where even someone as hateful as Pamela Geller can speak her mind. She can smear President Obama as the "jihadist in the White House" and speculate that he "choked up" with tears when he ordered the killing of Osama bin Laden. She can say that Pope Francis' call for "affection and respect" towards Muslims means he has "become an imam." She can compare Jewish Americans who support President Obama to Nazi appeasers and call comedian Jon Stewart "the most disgusting Jew on the planet." She can suggest banning Muslims from becoming airline pilots. She can then claim that anyone who doesn't want to hear her speak is "enforcing the Sharia."

I am also grateful to live in a country where the law protects Geller's right to say these things.

Sunday's incident, in which two gunmen tried to attack an anti-Islam event that Geller and virulently anti-Muslim Dutch politician Geert Wilders hosted in Texas, was deeply troubling. Our freedom of speech means nothing if people are too afraid to speak. We saw this in a different context earlier this year when Sony pulled a raunchy geopolitical buddy comedy from theaters under threat of terror attacks. Say what you will about Pamela Geller, she has not backed down from any of her vile positions under fear of violence.

But it's important to remember that the fact that she was attacked for her speech doesn't make Geller a hero, or her speech any less hateful. As Talking Points Memo's Josh Marshall put it yesterday, "a hate group is a hate group the day after someone takes a shot at them just like it was the day before."

Local Muslim groups had the right idea when they stayed away from Geller's event,declining to protest so that they wouldn't give Geller the attention she so desperately wanted. Those who expose her hateful rhetoric -- like my PFAW colleagues -- also do important work, making sure the public knows that just because she is targeted by violent idiots doesn't make her a serious thinker or a hero.

I know that Geller won't back down from her hateful rhetoric after this event-- in fact, the attempted attack will probably embolden her and cause some to take her more seriously. And we shouldn't stop criticizing Geller -- or, as she puts it, "enforcing the Sharia" -- when she's wrong.

As People For the American Way wrote in 2009 in response to a renewed spate of inflammatory right-wing rhetoric, Americans must "be willing to use their First Amendment freedoms to challenge those who exploit their political positions or media megaphones to promote lies that are intended to inflame rather than inform, that encourage paranoia rather than participation, and whose consequences are at best divisive and at worst, violently destructive."

PFAW

Harry Reid Calls Out Pat Toomey on GOP Blocking of Restrepo

Earlier today, Senate Minority Leader Harry Reid condemned Senate Republicans for obstructing Third Circuit nominee L. Felipe Restrepo.  Although home state Senator Pat Toomey of Pennsylvania publicly expressed support for him half a year ago when he was first nominated, he has blocked the Judiciary Committee from holding a hearing.  Whether he is doing this on his own or at the request of committee chairman Chuck Grassley is a mystery, since Toomey has refused to state why he is blocking a nominee he supports.

As Senator Reid said today:

This afternoon, the Judiciary Committee will hold a hearing on several delayed judicial nominations. Felipe Restrepo, a Court of Appeals nominee to the Third Circuit will not be on the agenda, despite being nominated by the President six months ago. He will not be on the agenda, despite the fact that this Philadelphia-based seat is a judicial emergency. He will not be on the agenda, despite the public support of the junior Senator from Pennsylvania who said Judge Restrepo would be "a superb addition to the Third Circuit." Why doesn't he come here – the junior Senator from Pennsylvania – to talk about this man being held up by his own party? There is no reason that he's held up for six months other than the Republicans just simply want to do everything they can to create problems for President Obama. Pennsylvanians are left wondering why this qualified judicial candidate is not moving forward.

It isn't like Pennsylvanians haven't asked. In fact, some traveled to Washington earlier this week to visit Casey and Toomey's DC offices personally, but Toomey's office reportedly refused to meet with them.

This is part of the Republicans' overall scheme to prevent President Obama from fulfilling his constitutional responsibility to put qualified jurists on the nation's federal bench. But the Third Circuit vacancy is a judicial emergency, and a second vacancy on that court will be opening up in July. Pennsylvanians need Restrepo fully vetted and confirmed by then, but Washington Republicans want to keep the court hobbled for as long as they can.

Senator Toomey seems all too willing to sacrifice Pennsylvanians' interests to his party's political goals.

PFAW

PFAW Kicks Off Letter Campaign for Amendment to #GetMoneyOut

People For the American Way, Public Citizen, Free Speech For People, Common Cause, and US PIRG are mounting a multi-pronged campaign to boost House and Senate cosponsorship of the Democracy for All constitutional amendment to overturn decisions like Citizens United and get big money out of politics.

Last week, we joined our allies in urging activists to thank members of Congress who are already on board, and to ask those who aren't to sign up now.

Today, we kicked off a “letter-a-day” campaign for the Democracy for All amendment. This means that supporting advocacy organizations have signed up to send their own letters to congressional offices on a specific day, resulting in each office receiving at least one letter per day in support of the amendment.

PFAW's letter was the first to make its way to the Hill:

While amending the Constitution is unquestionably a weighty matter—only warranted in rare and compelling circumstances—this is one of those moments in our nation’s history. The American people and their elected officials are increasingly speaking out about the need for an amendment. As of April 30, H.J.Res. 22 had 108 cosponsors,xvi and S.J.Res. 5 had 40 cosponsors.xvii The building momentum in Congress for an amendment mirrors the robust grassroots organizing taking place across the country at the state and local levels. Since the landmark Citizens United decision, 16 states and more than 650 municipalities, including large cities like New York, Los Angeles, Chicago and Philadelphia, have gone on record supporting congressional passage of a constitutional amendment to be sent to the states for ratification. Transcending political leaning and geographic location, voters in states and municipalities that have placed amendment questions on the ballot have routinely supported these initiatives by large margins.xviii Five million American have signed their names to the amendment support petitions circulated by dozens of reform groups.xix The momentum to address the issue of big money in politics grows stronger by the day.

We'll keep you posted as the “letter-a-day” campaign continues.

PFAW

Obama Calls Out Koch Brothers, Big Money in Politics at Correspondents’ Dinner

At the annual White House Correspondents’ Dinner this weekend, President Obama delivered 20 minutes of his trademark dry humor, working in jabs at Michele Bachmann, Joe Biden, climate change deniers in Congress, and himself, to name a few. Perhaps some of the most pertinent jokes of the evening came about halfway into his speech, when he poked fun at the 2016 GOP presidential field, the Koch brothers and the influence of big money in politics.

“Soon the first presidential contest will take place, and I for one cannot wait to see who the Koch brothers pick,” President Obama joked. “It’s exciting… the winner gets a billion dollar war chest. The runner up gets to be the bachelor on the next season of The Bachelor.”

“I mean, seriously – a billion dollars,” the president continued. “From just two guys. Is it just me or does that feel a little excessive?”

The president making these pointed jokes is the latest example of a growing cultural awareness of the problems stemming from big money in politics. With presidential candidates Hillary Clinton, Sen. Lindsey Graham, and Sen. Bernie Sanders all in support of a constitutional amendment to overturn Supreme Court decisions like Citizens United, this issue is rapidly ripening for broader public discussion.

PFAW

The Personhood Divide: The Anti-Choice Movement's Bitter Feud Over The Best Way To End Legal Abortion

(Originally posted on RightWingWatch.org)

The “personhood” movement — those who seek sweeping bans on all abortion and common types of birth control in an effort to confront Roe v. Wade head-on — is hugely divisive within the anti-choice community. Groups like National Right to Life Committee, which have been pushing a more careful, incremental approach toward ending legal abortion, worry that the personhood movement risks undermining their progress toward the ultimate goal. Meanwhile, personhood advocates accuse groups like NRLC of selling out the ultimate goal in the service of small steps that they claim will never lead to the full criminalization of abortion.

A few months ago, we published a series of posts exploring the anti-choice personhood movement, its history, and how it is confronting a changing political landscape. People For the American Way Foundation has adapted that series into a report, “The Personhood Movement: Where It Comes From And What It Means for the Future of Choice,” which was released today. 

As the national debate over a NRLC-backed federal bill banning abortion after 20 weeks of pregnancy have shown, one of the major sticking points between the two factions is whether the anti-choice movement should accept “compromises” that exempt women who have been raped from abortion bans. From the report’s introduction:

The largest and best-funded groups opposing abortion rights have, over the past several years, achieved astounding success in chipping away at women’s access to legal abortion in the United States. But these successes, Personhood Alliance’s founders maintain, are too small and have come at a grave cost.

In seeking mainstream approval for anti-choice politics, personhood advocates believe, groups like the National Right to Life Committee (NRLC) and Americans United for Life (AUL) have adopted a secular tone and downplayed their Christian origins. In focusing on drawing attention to issues like late-term abortion, they may have won some support for the cause but have done little to end the procedures they targeted. In seeking incremental successes, personhood advocates argue, the movement has given up on making a moral argument for the humanity of fertilized eggs and fetuses and lost sight of its larger goal of eliminating legal abortion entirely.

But the greatest betrayal in the eyes of these personhood advocates is the willingness of major anti-choice groups to endorse legislation that includes exceptions for pregnancies resulting from rape and incest. The personhood movement’s leaders contend that these political concessions are not only immoral and intellectually inconsistent, but also threaten to undermine the movement’s goals in the long term.

The personhood movement provides an interesting look into the bitter “incrementalist vs. immediatist” divide that has split the anti-choice movement since before Roe v. Wade. Both sides want an end to legal abortion; neither trusts the other to get there. But in the meantime, each is making progress in making it more difficult and more dangerous for women to access safe and legal reproductive care.

PFAW Foundation

Long Past Time for 3rd Circuit Nominee Restrepo's Hearing

Senate Judiciary Committee Chairman Chuck Grassley yesterday announced there will be a judicial nominations hearing next Wednesday, the first one since March 11. He let eight weeks go by without allowing any of President Obama's judicial nominees to testify to the committee. It isn't like there haven't been plenty of nominees who have long been ready for this. Most of those nominated as far back as last November have yet to make it even that far.

As we have written before, Eastern Pennsylvania federal judge L. Felipe Restrepo is among those nominees being obstructed. Confirmed to his current position by the Senate by unanimous voice vote in June of 2013, he earned strong statements of support from home state senators Bob Casey (a Democrat) and Pat Toomey (a Republican) when he was nominated for elevation to the Third Circuit last November.

But since then ... nothing. Chairman Grassley has conspicuously refused to schedule a hearing for him. Although Third Circuit Judge Marjorie Rendell announced in late January that she plans to take senior status this summer, thus opening a second vacancy on the court if Restrepo is not confirmed by then, Grassley did not schedule a hearing. And when the Administrative Office of U.S. Courts formally classified the vacancy Restrepo would fill as a judicial emergency in February, Grassley's response was ... nothing.

Pennsylvanians who care about their state's federal courts have been asking where their senators have been all this time, especially Toomey. As a fellow Republican, Toomey surely has Grassley's ear on matters of importance to folks in the Keystone State.

The fact that this nomination has gone for nearly half a year without a hearing says volumes about both Grassley and Toomey. As for saying things about Restrepo, he can best speak for himself, and surely would be pleased to do so, if only Grassley would let him.

PFAW

Judicial Elections and Government Integrity at the Supreme Court

The Supreme Court issued a 5-4 campaign finance ruling this morning. But rather than another Citizens United or McCutcheon, the Court this time upheld a state campaign finance restriction against a First Amendment challenge. In the case of Williams-Yulee v. The Florida Bar, the Roberts Court narrowly upheld Florida's ban on state judicial candidates directly soliciting campaign funds. With the difference of only one vote, even this reasonable limitation would have been struck down.

If only the Court would apply the reasoning of this case outside the narrow area of judicial elections. The Justices acknowledge that a state can reasonably conclude that an appearance of bias and impropriety is created when a judicial candidate directly asks someone to give her a campaign contribution. The Chief Justice wrote that "it is the regrettable but unavoidable appearance that judges who personally ask for money may diminish their integrity."

But that isn't only because they are judges. Any elected official has an obligation to serve the public, whether that is by ruling consistent with the law (like judges do) or pursuing the interests of your constituents and community (as legislators and executives do). That is very different from using that public office to serve the interests of wealthy private interests. When a congressional or presidential candidate wins office due to the financial largess of a small number of extremely wealthy and powerful donors, it just may "diminish their integrity" in the eyes of the public.

It isn't just judges who risk the appearance of corruption when they engage with funders. As we have seen in cases like Citizens United and McCutcheon, Roberts and his conservative colleagues are unwilling to concede that Americans see corruption and the appearance of corruption in the outrageous sums of money being funneled into non-judicial elections.

As for judicial elections (the subject of this case) Justice Ginsburg's concurring opinion is worthy of significant attention. She wrote separately to expound on the "substantial latitude" the Court should give states to regulate judicial campaign finance, and she discussed how much money is now flowing into judicial elections, and the harm that causes to justice:

When the political campaign-finance apparatus is applied to judicial elections, the distinction of judges from politicians dims. Donors, who gain audience and influence through contributions to political campaigns, anticipate that investment in campaigns for judicial office will yield similar returns. Elected judges understand this dynamic. ...

In recent years, moreover, issue-oriented organizations and political action committees have spent millions of dollars opposing the reelection of judges whose decisions do not tow a party line or are alleged to be out of step with public opinion. ...

Similarly portraying judges as belonging to another political branch, huge amounts have been spent on advertisements opposing retention of judges because they rendered unpopular decisions in favor of criminal defendants. ...

Disproportionate spending to influence court judgments threatens both the appearance and actuality of judicial independence. Numerous studies report that the money pressure groups spend on judicial elections "can affect judicial decision-making across a broad range of cases."

The threat to the judicial branch of government in states with high-dollar judicial elections is serious and real.

Today's opinion on judicial elections is an opportunity to focus on the threat to the political branches, as well.

PFAW Foundation