PEOPLE FOR BLOG

Justice Scalia's 7 Worst Anti-Gay Statements

On Friday, the Supreme Court agreed to hear two landmark cases on marriage equality. Yesterday, Justice Antonin Scalia reminded us again why gay rights advocates, to put it mildly, aren’t counting on his vote.

Scalia is the Supreme Court’s most outspoken opponent of gay rights. He led the dissent to the two major gay rights decisions of his tenure on the Court, the decisions to strike down Texas’ criminal sodomy law and to overturn Colorado’s ban on local anti-discrimination measures. And in his spare time, he minces no words about his uncompromising opposition to gay rights. Here are seven of his most egregious anti-gay statements:

  • Compares bans on homosexuality to bans on murder: Yesterday, Scalia asked a gay law student, “If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?”
     
  •  …and to bans on polygamy and animal cruelty: In his dissent to the Colorado case, Romer v. Evans, Scalia wrote, “But I had thought that one could consider certain conduct reprehensible--murder, for example, or polygamy, or cruelty to animals--and could exhibit even 'animus' toward such conduct. Surely that is the only sort of ‘animus’ at issue here: moral disapproval of homosexual conduct, the same sort of moral disapproval that produced the centuries old criminal laws that we held constitutional in Bowers.”
     
  • Defends employment and housing discrimination: In his dissent to Lawrence, the decision that overturned Texas’ criminal sodomy law, Scalia went even further, justifying all kinds of discrimination against gays and lesbians: “Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive. The Court views it as ‘discrimination’ which it is the function of our judgments to deter.”
     
  • Says decision on “homosexual sodomy” was “easy” because it's justified by long history of anti-gay discrimination: In a talk at the American Enterprise Institute earlier this year, Scalia dismissed decisions on abortion, the death penalty and “homosexual sodomy” as “easy”: “The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion,” he said. “Homosexual sodomy? Come on. For 200 years, it was criminal in every state.”
     
  • Says domestic partners have no more rights than “long time roommates”:  In his dissent in Romer, Scalia dismissed the idea that a law banning benefits for same-sex domestic partners would be discriminatory, saying the law “would prevent the State or any municipality from making death benefit payments to the ‘life partner’ of a homosexual when it does not make such payments to the long time roommate of a nonhomosexual employee.”
     
  • Says gay rights are a concern of “the elite”: In his Romer dissent, Scalia lashes out at the majority that has upheld gay rights: “This Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected, pronouncing that "animosity" toward homosexuality is evil.“
     
  • Accuses those who disagree with him of supporting the “homosexual agenda”: Lifting a talking point straight from the far right, Scalia accused the majority in Lawrence of being in the thrall of the “homosexual agenda”: “Today’s opinion is the product of a Court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.”
PFAW

Pending Judicial Nominations Pile Up

When the lame duck session began last month, the Senate had 19 long-pending judicial nominations waiting for a floor vote. Republicans had been blocking these for months, and after their election defeat, they came back to Washington and … continued like nothing had happened.

This week, Republicans agreed not to block confirmation votes on four of the consensus district court nominations. That's four out of 19 people whose lives have been on hold while the Senate GOP made them wait. Left out are the four nominations that now have been pending longer than any others: the critically important nominations to the First, Third, Tenth, and Federal Circuits, most of which have been languishing since March or April.

And while a few people are being confirmed, others are being added to the list of pending nominees. Yesterday, the Judiciary Committee approved four new district court nominees and one for the Court of International Trade. (This was a week after ranking Republican Sen. Chuck Grassley held up the originally scheduled vote.)

So, several weeks into the lame duck, we have gone from 19 nominees waiting for a floor vote to 20.

Ordinarily, there should be no need to have so many lame duck confirmation votes, since a responsible Senate processes nominations in a timely manner. But since Republicans have forced delay after delay for every single one of President Obama's judicial nominees, we have an unusually large number left over after Election Day. Since they should have had votes months ago, and especially since there will be no change in the White House or Senate next year, every single one should be voted on this month.

Committee Chairman Pat Leahy forcefully condemned the ongoing obstruction yesterday.

Senate Republicans are establishing a new and harmful precedent of stalling judicial nominees on the Senate Executive Calendar who are ready for final action by insisting that they be delayed into the succeeding year. They held up judicial nominees three years ago, they did it two years ago, they did it last year, and they are doing it, again. They have found a new way to employ their old trick of a pocket filibuster. They stall nominees into the next year and force the Senate to continue work on nominees from the past year for the first several months of the new year. They delay and delay and push other confirmations back in time and then cut off Senate consideration of any nominees.

Sen. Leahy effectively counters the Republicans' dissembling over why the Senate supposedly shouldn't be having so many confirmation votes during the lame duck.

Those who argue that it would be "unprecedented" to confirm long-stalled nominations because they have delayed them into this lame duck session are wrong. They say that because there were no lame duck confirmations in 1984, 1988, 1992, 1996, 2000, or 2008, we should therefore not confirm these nominees, and we should allow nearly a dozen judicial emergency vacancies to remain unfilled. They have omitted some important facts. What they fail to acknowledge is that they have delayed action on 17 of these nominees since before the August recess. In 1984, 1988, 1992, and 1996 – the first four of their purported examples – there were no lame duck sessions. Those are not precedents supporting their contentions seeking to justify their current obstruction.

It is time for the Senate GOP to put politics aside so that our judicial system – and our political system – can work for all Americans.

PFAW

PFAW Foundation: UPDATE: Reported Voting Troubles

UPDATE: Shortly after the election, several voting rights advocacy groups released reports or statements detailing problems voters encountered at the polls. Demos put out a report describing how all the various voter suppression tactics affected the 2012 election. The American Civil Liberties Union issued a statement addressing the problems voters faced and the steps that should be taken to prevent future problems. Project Vote also released a statement praising diligent voters for overcoming adverse voting circumstances.

Despite the concerted efforts by conservative legislators to suppress voters’ rights throughout 2011 and 2012 using a number of tactics in the supposed interest to combat voter fraud, millions of Americans took time last week to cast their vote on Election Day. However, a number of problems for voters still occurred, shedding light on some obvious inadequacies within our voting process.

The foremost issue on Election Day: long lines of epic proportions. In Virginia, Maryland, and the District of Columbia a lack of an appropriate amount of voting machines and too few poll workers led to hours-long waits at multiple voting locations. In Florida, voters were forced to wait until the early hours of the morning before being able to finally cast a vote due to ridiculously long lines, prompting Governor Rick Scott (a known advocate for vote suppressing measures) to call for a review of Florida’s voting process, even though his policies may have contributed to the long lines.

A recent study and a 2008 survey indicate that African Americans, Hispanics, and other minorities are disproportionately more likely to be subject to longer poll lines than others and this is largely a result of reductions in early voting. In Ohio, where restrictions on early voting were blocked, early voters showed perseverance over the cold weather as they waited in long lines stretching for blocks to cast their votes. Various Representatives and even President Obama weighed in on the issue, with all agreeing that a lack of voting machines and poll workers contributed to the overwhelming lines and that the issue should be preventable.

Glitches in voting machines also added to the longer-than-usual lines. Electronic voting machines were reportedly malfunctioning, causing vote flipping and ballot presentation errors that resulted in confused voters and the shutting down of faulty machines. These errors, coupled with insufficient available machines to begin with, had voters waiting much longer than expected.

Besides the long lines, other issues arose for voters. Even though Pennsylvania’s ALEC-linked voter ID law was blocked from being enforced on Election Day, poll locations throughout the state had confusing messages about voter ID requirements with many distributing old information that said voters needed a proper ID to vote. Upon being reported, poll workers were instructed to remove the misleading information and not demand ID from voters.

Elsewhere, voters received inaccurate robocalls the night before Election Day. The Arizona Republican Party allegedly called thousands of voters and provided incorrect addresses to polling locations. Information to Spanish speaking voters distributed by an Arizona County Election Department had also listed the wrong date for Election DayTwice! The Asian American Legal Defense and Education Fund also brought to light several instances where required language assistance was not readily available to help communities with large non-English speaking Asian American populations and cases where poll workers separated Korean American voters into segregated lines because “there were so many."

Although things were difficult at times, Americans still got out to vote last week, demonstrating determination to overcome broken machines and patience in long lines. Voting rights also had a significant win in Minnesota, where an amendment for voter ID requirements was struck down. However, the battle for ensuring voting rights has only just begun – the Supreme Court has accepted a case arguing that Section 5 of the Voting Rights Act is unconstitutional. Section 5 requires areas with a history of racial discrimination to get federal approval before putting any voting changes into effect, a vital protection that has served as the lynchpin of protecting voting rights for nearly half a century. The Court’s decision will have a profound impact on future elections and the future of guaranteeing the fundamental right to vote for all.

PFAW Foundation

Still No Explanation From Grassley on Judiciary Committee Delays

This morning, the Senate Judiciary Committee approved five nominees to serve on federal district courts in New York, California and Florida and on the US Court of International Trade. A week ago, Iowa Republican Sen. Chuck Grassley postponed votes on all five nominations without giving a reason, a delaying tactic that he has used on 97 percent of President Obama’s judicial nominees who the committee has voted on.

Sen. Grassley did not explain the reason for the delay last week, when a coalition of Iowa and national groups urged him to stop such routine delays. And the reason remained unclear today, as all five nominees were approved without opposition.

These five nominees now join fifteen other federal judicial nominees awaiting confirmation votes from the full Senate. The Senate has made progress by scheduling confirmation votes on four unopposed district court nominees in the past week, but that small amount of progress isn’t nearly enough to fill the gaps in overworked federal courts. Seven of the nominees still waiting for votes would fill officially-designated “judicial emergencies.”

It would be easy, of course, for the Senate to hold votes on all of the remaining nominees before the end of the year. After all, most were approved by the Judiciary Committee many months ago. But Senate Republicans have continued to stall even nominees with strong bipartisan support. All the circuit court nominees waiting for votes have the support of their home-state senators, Republican and Democratic, and nearly all of the pending district court nominees were approved by the Judiciary Committee with unanimous or nearly unanimous bipartisan support. One circuit court nominee, New Jersey’s Patty Shwartz, has been waiting nine months just for an up-or-down vote from the Senate; Federal Circuit nominee Richard Taranto has also been waiting since March.

If the Senate fails to vote on these nominees during the lame duck, the confirmation process – from presidential nomination through floor vote – will have to start all over again next year.

Notable about the district court nominees approved by the Judiciary Committee today is that all are women or people of color, representative of President Obama’s efforts to bring diversity to the federal courts. The nominees also include New York’s Pamela Chen, who would become just the fifth openly gay person to be confirmed to a lifetime federal judgeship.

PFAW

PFAW Foundation: Restrictions in Early Voting and Voter Registration Used for Partisan Gain

The past two years saw a dramatic rise in states attempting to enact voter suppression, the impact of which was certainly felt on Election Day. Under the guise of combating voter fraud and saving money, we saw strong pushes for ID and early voting and voter registration restrictions.

Florida was among the worst offenders. A recent Palm Beach Post report revealed the party politics behind the story. Jim Greer, former Chairman of the Florida Republican Party, says that GOP strategists and consultants "firmly believe that early voting is bad for Republican Party candidates" and simply used the issue of voter fraud as a "marketing ploy" to advocate for voter restrictions on early voting and registration. Several others stated that the restrictions on early voting and registration groups were explicitly in place to target minority voters and limit their turnout in the election.

Florida members of the African American Ministers Leadership Council said they were "appalled but not surprised" by the report and the claims that the restrictions exclusively targeted minority voters. Elder Lee Harris, Pastor of Mt. Olive Primitive Baptist Church in Jacksonville, stated:

There’s a reason African Americans stood in line for hours on Nov. 6. We knew that these early voting and voter registration restrictions were meant to keep us away from the polls. But we’ve come too far and fought too hard to let anybody take away our vote again… Even while cloaked in the dubious language of ‘voter fraud,’ the real reason for these measures was always clear. African Americans in Florida knew that, and we fought back – by voting.
PFAW Foundation

More Dissembling from Chuck Grassley

Chuck Grassley, ranking Republican on the Judiciary Committee, issued a prepared floor statement yesterday with a hailstorm of misleading or irrelevant facts and figures designed to hide one inescapable fact: Senate Republicans have been obstructing President Obama's judicial nominees in an unprecedented manner. The GOP has taken full partisan advantage of Senate rules requiring the consent of the minority party before the majority can schedule a confirmation vote.

Fact: Even though the overwhelming majority of President Obama's nominees have been consensus nominees, they have been forced to wait on the Senate floor for a vote three times longer than was the case for George W. Bush's nominees at the same point in his presidency. That creates months of needless delay.

Yesterday, for instance, Maryland's Paul Grimm was confirmed 92-1 to a district court judgeship almost six months to the day after being approved by the Judiciary Committee with overwhelming bipartisan support. No explanation was ever provided as to why it took half a year to allow the Democratic leadership to schedule a simple confirmation vote on a consensus district court nominee. Grimm is only one of 19 judicial nominees whose nominations have been languishing for month after month, most having little to no opposition.

So during discussion of Grimm's nomination, how did Sen. Grassley explain why his party routinely refuses to allow Senate votes even on judicial nominees?

By avoiding the topic completely. Instead, he patted his party on the back for allowing any votes at all during the lame duck, saying how unusual they have been in the past 40 years.

Of course, when the Senate is allowed to vote on a president's nominees in a timely manner, you don't have a huge backlog after the election still needing confirmation. Sen. Grassley didn't mention that.

Nor did he mention that when there has been such a backlog as we have now, lame duck votes have been held. After the 2002 midterm elections, for instance, the Senate confirmed 20 of President Bush's circuit and district court nominees in the space of one week in November. And in December 2010, during the most recent lame duck, the Senate confirmed 19 judges in a week.

Senator Grassley also bragged that his party had allowed the Senate to confirm a total of 37 nominees this year, more than during the last presidential year of 2008. However, Grassley disingenuously left out a vital piece of information: Because of his party's obstruction, most of those 37 were nominees who had been pending on the Senate floor since the previous year. In fact, the Senate spent the entire first four months of the year getting through nominees it could have voted on in 2011.

The Iowa senator has yet to address why his party blocks confirmation votes on President Obama's judicial nominees as a matter of course for month after month, regardless of who the nominee is. This is his second effort in the past week at such sleight of hand. The energy he takes coming up with bogus arguments would be better spent doing his job.

PFAW

Far-Right Leaders Still Condemning "Intrinsically Disordered" Gays and Lesbians While The Rest of the Country Moves Forward

It has been hard to keep up with all of the historic wins for marriage equality in the past few months. Three states passed ballot measures in support of marriage equality, and one rejected a state constitutional amendment banning it. A new CBS News Poll found – consistent with other recent national polls – that a majority of Americans support same-sex marriage. The Supreme Court could announce any day whether it will hear cases related to the Defense of Marriage Act and California’s Proposition 8. It is not hard to see that the tide is turning in our country.

But some people, it seems, are still not getting the memo.

Case in point: Mission America leader Linda Harvey. PFAW’s Right Wing Watch tuned in to Harvey’s daily radio show today and reported on her tired – but disturbing – opinions about what she views as “unnatural” behavior. “Homosexual marriage is wrong because two men together or two women is intrinsically disordered,” Harvey said. “The behavior is unnatural.”

Not to be outdone, televangelist Pat Robertson also shared some homophobic remarks today as he weighed in on the news that two women were married in West Point’s Cadet Chapel. After proclaiming that General Douglas MacArthur, Ulysses S. Grant and Robert E. Lee must each be “rolling over in his grave,” he asked: “What have they done to our cherished institution?”

But I have a different question. With the country seeing progress for LGBT communities in cities and states across the country, and with more and more Americans supporting marriage equality, the real question is when these far-right leaders are going to realize that they are on the very wrong side of a losing battle.

PFAW

Diverse Ways to Block Women Judges

While President Obama continues to nominate qualified men and women who would diversify the federal bench, Senate Republicans have shown their commitment to a different kind of diversity: a diversity of methods to block those nominees: Mitch McConnell spearheads the obstruction on the Senate floor, while Chuck Grassley is in charge of committee obstruction. Perhaps least visible is obstruction through abuse of the “blue slip” process, in which nominees are not scheduled for hearings until both of the nominee's home state senators consent.

Since the spring, four nominees have been held up by Republicans withholding their blue slips. All four have something in common: They are women.

  • Jill Pryor – nominated in February, blocked by Georgia Sens. Saxby Chambliss and Johnny Isakson
  • Rosemary Márquez – nominated in June 2011, blocked by Arizona Sens. John McCain and Jon Kyl
  • Elissa Cadish – nominated in February, blocked by Nevada Sen. Dean Heller
  • Shelly Dick – nominated in April, blocked by Louisiana Sen. David Vitter

Earlier this week, it was reported that Vitter has finally ended his obstruction, which he initiated because he hoped to keep the vacancy open for a President Romney to nominate someone else, presumably a conservative. With President Obama having won re-election, Vitter submitted his blue slip, but the delay will likely keep Dick from being confirmed by the end of this year.

President Obama has made a concerted effort to diversify the federal bench, as shown by the two slates of nominees he has made since the election. His task is made that much harder when qualified women are blocked before they can even get a hearing.

Yesterday, three more women were blocked, this time by Senator Grassley, who – without explanation – blocked Chairman Leahy from holding a vote to advance the nominations of Pamela Ki Mai Chen, Sheri Polster Chappell, and Katherine Polk Failla to the floor.

And two women are among those who have been languishing on the Senate floor for many months, waiting for a confirmation vote. They are Second Circuit nominee Patty Shwartz (waiting for a floor vote since March), and New York district court nominee Lorna Schofield (waiting since July).

President Obama's nominees show that he recognizes that our nation is strengthened when our judges reflect our nation's diversity. Unfortunately, the only commitment to diversity we see from Republicans is in the array of methods they use to obstruct those nominees.

PFAW

PFAW Supports President Obama’s Call for a Balanced Approach to Fiscal Plan

President Barack Obama posed an important question to families across the country yesterday: what does $2,000 mean to you?

In a speech on extending tax cuts for the middle class as the fiscal deadlines approach, President Obama emphasized the importance of this tax measure for everyday Americans:

 

“If Congress does nothing, every family in America will see their taxes automatically go up at the beginning of next year…A typical middle class family of four would see its income taxes go up by $2,200. $2,200 out of people’s pockets. That means less money for buying groceries, less money for filling prescriptions, less money for buying diapers. It means a tougher choice between paying the rent and paying tuition. And middle class families just can’t afford that right now.”

 

He made the case that extending tax cuts for the middle class would give families peace of mind and give those in Washington more time to work out a comprehensive fiscal plan “in a balanced way – including asking the wealthiest Americans to pay a little more so we can still invest in things like education and training in science and research.”

Earlier this month, People For the American Way – as well as PFAW’s African American Ministers in Action and People for the American Way Foundation’s Young Elected Officials and Young People For programs – joined more than 100 other organizations in calling for a budget agreement that prioritizes job creation, saving the safety net, stopping sequestration, and adding new revenue from corporations and the wealthiest earners.

Americans agree with this approach. A Washington Post-ABC poll released yesterday found that the majority (60%) of Americans support increasing taxes on the wealthy and that 67% oppose raising the age for Medicare coverage. As families across the country know, the solution to our fiscal problems cannot come from putting efficient systems like Medicare and Medicaid on the chopping block so that we can extend tax breaks for the richest Americans.

Beyond being bad for families, it’s bad for our national economy. As the Congressional Research Service found this fall, lower tax rates for the wealthy do not spur economic growth. Instead, as President Obama said today, “let’s approach this problem with the middle class in mind” – and make sure Congress isn’t taking money out of our national investments in health and education to pay for tax cuts for the wealthy.

 

PFAW

Young People For Got Out the Youth Vote This November

People For the American Way Foundation’s Young People For program was on the ground all across the country these past few months helping young people get out the vote. These efforts paid off: one in two Americans ages 18-29 voted this Election Day, making up 19 percent of the total electorate – an increase from 2008.

Here is a great video telling the story of how this outreach work happened:

This work was centered around a campaign called ARRIVE WITH 5, which encouraged youth, people of color, women, seniors and persons with disabilities to become active participants in the electoral process. ARRIVE WITH 5 asked voters to not only pledge to vote on Election Day, but to list five people they were committed to bringing to the polls with them:

All in all, YP4 helped campus organizers mobilize over 22,000 voters and collected 10,000 voting pledges through the ARRIVE WITH FIVE campaign.

 

PFAW Foundation

Grassley's Non-Response on Judicial Nominations

Sen. Chuck Grassley has provided a weak and misleading response to a letter sent yesterday by 16 Iowa and national organizations (including People For the American Way) holding him accountable for a type of obstruction of judicial nominees that he has perpetrated as ranking member of the Judiciary Committee. All but five of President Obama's nominees who have had a committee vote scheduled have had to endure a delay at the insistence of committee Republicans. That's 97% of those nominees. This abuse of the minority's right to request a delay is unprecedented. These delays have run one, three, even six weeks, before the nominees are approved by the committee with overwhelming bipartisan support. This is part of a larger pattern of obstructing qualified nominees in every way possible, simply because they were nominated by a Democratic president.

Yesterday, as reported in The Daily Nonpareil, Grassley issued a misleading response. He changed the subject to how many nominees have been confirmed, throwing out misleading and irrelevant statistics:

First of all, for the four years of this administration, we approved 160 nominations, and during the same period of time in the last Bush administration, there were 120 nominations; so don't let anybody tell you we're not moving nominees.

That is true if "same period of time" means "different period of time." But in fact, Grassley is referring to Bush's second term, not his first term. Comparing the real "same periods of time" reveals that Bush had more than 200 nominees confirmed during his first term, many more than Obama's 160.

Bush was bound to have far fewer confirmations in his second term, since the Senate did not obstruct his consensus nominations. His confirmed nominees waited on average only 1/3 as long after committee approval for a floor vote than has been the case for Obama's nominees. That shaved months off their wait time and allowed vacancies to be filled efficiently.

Secondly, we had two Supreme Court nominees [during Obama's first term] and they take time.

What does this have to do with the issue raised in the letter? Are we to believe that during 2011 and 2012, Grassley and his Republican colleagues did not have enough time to look over nominees' records because they had been so busy with the Sotomayor and Kagan nominations back in 2009 and 2010?

Grassley has argued before that Obama's first-term confirmation numbers should be compared to Bush's second term numbers, because both had two time-consuming Supreme Court nominations. But what he fails to tell people is that even then, Bush's judicial nominees were processed far more swiftly than Obama's have been. The disparity in waiting time on the Senate floor is particular egregious with district courts, which at one time were generally immune from partisan gamesmanship: 33 days for Bush's second-term nominees vs. 97 days for Obama's first-term nominees (so far).

Grassley also claimed that Obama's nominees "have been slow in responding to committee questions." When Grassley has delayed votes on all but five nominees, that explanation strains credulity and shows disrespect to the men and women who have come before the committee. Last year, he even demanded a two-week delay for a nominee who had already been approved without opposition several months earlier, in a previous Congress, but who had not gotten a vote on the Senate floor in time for the end of the year. When Sue Myerscough was renominated, she was again deemed well qualified by a unanimous ABA panel (its highest rating), and she was so familiar to the Judiciary Committee that she was not asked to testify again or to respond to individual members' written questions. Yet even her committee vote was delayed by two weeks upon Grassley's demand.

Grassley's "explanations" fall short.

Based on his response, it was no surprise this morning when Grassley blocked a scheduled committee vote on five nominees who had their hearings back in mid-September.

It is the same old story of damaging and unprincipled obstruction by Senate Republicans that we have seen since Obama won his first election. This particular tactic is a part of a larger mechanism of obstruction, one that delays nominees without reason at all stages of the process, from nomination to final confirmation vote. As ranking Republican on the Senate Judiciary Committee, Grassley is doing what he can to contribute to that mechanism of obstruction.

Unfortunately, the ones who pay the highest price are the American people and businesses who lose their day in court because of the historic vacancy crisis that Grassley and his colleagues are intentionally prolonging.

PFAW

PFAW Foundation: Attempts to Disenfranchise Ohio Voters Continue After Election

A few days before the election, Ohio Secretary of State Jon Husted ordered local election officials to reject ballots with mistakenly recorded identification information – even though the courts previously issued an order against this. Immediately following the election and with tens of thousands of ballots uncounted, Secretary Husted continued his crusade to change the rules for counting provisional ballots by issuing a directive excusing poll workers from correcting improper ballot forms, potentially invalidating many of the uncounted ballots.

Ohio members of the African American Ministers Leadership Council urged Secretary Husted to drop his attempt, with Reverend Tony Minor stating:

Every single person who shows up to vote on Election Day should be confident that their vote will be counted and their voice will be heard. Secretary Husted is trying to throw up last-minute barriers in an effort to stop some of these votes from counting. That’s undemocratic and unacceptable.

The last-minute changes were denied by U.S. District Judge Algenon Marbley because they violated the Constitution and Ohio election law. But Secretary Husted appealed the decision to the Sixth Circuit Court of Appeals and was allowed to go forward with the last-minute changes. The decision could result in thousands of Ohioans' (who waited for hours outside poll stations) votes not counting. It also lays the legal groundwork for voter suppression in future elections. On top of it all, Secretary Husted has been promoting the idea of dividing Ohio’s electoral votes by congressional district in the future, making it possible – due to gerrymandering – that the loser of the popular vote in Ohio would nevertheless win the majority of the state’s electoral votes.

These recent events epitomize the attempts by certain state legislators to suppress the vote over the past two years, underscoring the continued importance of ensuring equality and the right to vote for all.

PFAW Foundation

PFAW Joins Allies at Conference to Fight Money in Politics

Super PACs and corporate lobbyists, beware.

Earlier this month, organizations from around the country working to fight back against the influence of big money on our democracy gathered to share ideas and make plans for action. The conference, associated with the Money Out/Voters In Coalition – of which People For the American Way is a leading member – provided a forum to discuss Constitutional and legislative solutions to the growing problem of corporate influence in politics. As AlterNet’s Steven Rosenfeld described it:


“Last Saturday in Los Angeles saw the most detailed, ambitious and encouraging discussion of exactly how to approach campaign finance and lobbying reform that I’ve seen in two decades of reporting on the decline of American democracy.”


Conference-goers grounded their discussions in the notion that corporations should not have the same constitutional rights as people to spend money to influence elections. They noted that constitutional and other remedies are needed to prevent powerful and wealthy special interests from undermining our democracy.

And national polls have consistently found that Americans want solutions. Earlier this year, the Brennan Center for Justice found that three in four Americans “believe limiting how much corporations, unions, and individuals can donate to Super PACs would curb corruption.” Another recent poll found that nine Americans out of ten agree that there is too much corporate money in politics.

As People For the American Way’s Marge Baker put it:



“This is happening because the people want it to happen.”


It is clear that Americans realize we have a problem on our hands. And as movement leaders come together, float plans, and debate proposals, it is also clear that those who care about repairing our democracy will continue to fight back against corporate influence in politics until we as a country have enacted viable solutions.

 

PFAW

Congressional Hispanic Caucus Supports LGBT-Inclusive Immigration Reform

The Congressional Hispanic Caucus (CHC) today released their framework for immigration reform. One Nation: Principles on Immigration Reform and Our Commitment to the American Dream addresses a number of key principles and constituencies. Section 2 explicitly covers bi-national, same-sex couples, stating that the CHC will:

Protec[t] the unity and sanctity of the family, including the families of bi-national, same-sex couples, by reducing the family backlogs and keeping spouses, parents, and children together.

CHC has made a crucial commitment to ending discrimination against bi-national, same-sex couples who currently face an untenable immigration situation because the federal government fails to fully recognize their families. “One Nation” and legislation in Congress known as the Uniting American Families Act (UAFA) serve as meaningful steps toward keeping these families together. UAFA allows same-sex “permanent partners” to be united legally through the US immigration process, making them eligible for green cards and immigrant visas. To protect against abuse, UAFA imposes the same penalties for immigration fraud as those currently imposed on married heterosexual couples – and in some cases sets the bar higher for same-sex couples.

PFAW enthusiastically supports the “One Nation” commitment to LGBT equality.

PFAW

GOP Bad Faith on the Pace of Confirmations

Last March, after three years of non-stop partisan obstruction of President Obama's judicial nominees, Senate Majority Harry Reid filed cloture petitions to end the Republicans' unprecedented filibuster of 17 district court nominees. Under public pressure, Senate Minority Leader Mitch McConnell agreed to hold votes to confirm 14 circuit and district court nominees by May 7, averaging a little more than two votes per week that the Senate was in session. Sen. Reid expressed the hope that Republicans would continue this pace even after the end date of the deal.

Six months later, that clearly has not happened. Since the agreement expired, Republicans have consented to only 14 judicial confirmation votes, averaging just one per week that the Senate has been in session.

That's right: In the more than half year since the agreement expired on May 7, the GOP has allowed the same number of votes as it allowed in two months under the March agreement.

These past six months have seen nothing but continued obstruction. In mid-June, Andrew Hurwitz was confirmed to the Ninth Circuit only after Democrats successfully invoked cloture to end the Republican filibuster. The very next day, McConnell declared that he would block votes on all circuit court nominees, regardless of their bipartisan support, because it was an election year. This springtime blockade of consensus circuit court nominees represented yet another escalation in the GOP war against anything Obama. In September, when Reid tried to confirm all the long-pending district court nominations before leaving town until after the election, McConnell stood on the Senate floor and single-handedly blocked the Senate from voting. Even after an election that saw the GOP chastised by the voters, several Republicans are suggesting we will see few if any confirmations during the lame duck.

We have 19 circuit and district court nominations that have been languishing on the Senate floor for months, most of them since June or earlier, and some since as long ago as March or April. Almost all of them were approved by the Judiciary Committee with overwhelming bipartisan support, and most are for positions officially designated “judicial emergencies” because of the enormous caseload per judge.

Our judicial branch is experiencing an unprecedented vacancy crisis, depriving millions of Americans of their day in court. Sen. Reid should not have to file cloture to end the filibuster of these the 19 long-waiting nominees. However, he would be fully justified in doing so, unless Sen. McConnell begins to conduct himself as a partner in governing rather than as an obstacle to good government.

PFAW