PEOPLE FOR BLOG

Healthcare Reform at the Supreme Court

This morning, the Supreme Court granted review to three cases involving challenges to the Affordable Care Act. As a result, the political conversation on the American people's ability to address national issues via congressional legislation will be paralleled by a legal conversation at the nation's highest court.

The Court will address several specific legal issues:

  1. Does Congress have the constitutional authority under Article I to adopt the individual mandate, either under the Commerce Clause or under the Taxing Clause? With regard to the former, the Far Right has been pushing for a radical re-interpretation of the Commerce Clause to severely restrict congressional power to resolve national problems that cannot be resolved through individual or state action. In fact, the ACA fits perfectly with the text, intent, and history of the Commerce Clause.
  2. If the mandate is struck down, do all the other reforms in the law (like the requirement that insurance companies stop denying coverage to people with preexisting conditions) automatically fall with it, or is the mandate severable from the rest of the law? This is not a constitutional question but one of interpreting congressional intent in passing the ACA.
  3.  To what extent does the Constitution's Spending Clause let Congress attach conditions to federal grants to the states? The context here is the ACA's expansion of Medicaid eligibility.
  4. Do courts have jurisdiction to hear challenges to the individual mandate, or do they have to wait until 2015, when someone actually has to pay penalty for not having health insurance. This is a question of statutory interpretation involving a law called the Anti-Injunction Act, which generally prohibits courts from hearing challenges to levied taxes that have not yet been paid. The Court will address whether the penalty is a tax under the terms of that law.

SCOTUSBlog notes the significant amount of time the Court will be devoting to this issue:

The allotment of 5 1/2 hours for oral argument appeared to be a modern record; the most recent lengthy hearing came in a major constitutional dispute over campaign finance law in 2003, but that was only for 4 hours. The length of time specified for the health care review was an indication both of the complexity of the issues involved, and the importance they hold for the constitutional division of power between national and state governments. (In its earlier years, the Court customarily held days of oral argument on important cases; the modern Court, however, ordinarily limits oral argument to one hour per case.)

It is worth remembering that the individual mandate was a Republican idea. Their opposition to it today has nothing to do with constitutional principle, and everything to do with damaging President Obama politically and sabotaging the American people’s ability to effectively address national problems through national solutions.

PFAW

You Have the Right to Sue, But ...

There are now 25 highly qualified judicial nominees whose nominations are pending on the Senate floor, 21 of whom cleared the Senate Judiciary Committee without opposition. As Republicans continue to prevent timely confirmation votes, the judicial vacancy crisis goes on. More than 10% of all lower federal courts are now or will soon be vacant. In fact, more than 30% of the current vacancies are judicial emergencies, which means there simply aren't enough judges to get the work of justice done.

In the Wall Street Journal Law Blog, Joe Palazzolo writes about the consequences:

Despite the surge in case loads, the number of authorized federal judgeships has risen just 4% since 1990. ...

Meanwhile, the number of pending federal criminal cases has jumped 70% in the past decade — to over 76,000, according to the Administrative Office of U.S. Courts.

The upshot is that fewer civil litigants are having their day in court. Instead of waiting, many are settling their disputes.

That can be appropriate in many cases, but there is “no shortage of plaintiffs who wind up taking inadequate settlements” or businesses that make unnecessary payments to end the expense and uncertainty of litigation, Ian Millhiser, a policy analyst at the Center for American Progress, a liberal think tank, told the Journal.

W. Royal Furgeson, a senior federal judge in Dallas, told the Journal that if decisions on contracts, mergers and intellectual-property rights “can’t be reached through quick and prompt justice, things unravel for business.”

A related Wall Street Journal article (subscription required) highlights some specific cases that have been delayed or derailed over the past few years due to the lack of judges available to handle the growing caseload. They include Elizabeth and Nicholas Powers, who sued their employer for sex discrimination and retaliation in 2008. As they were awaiting jury selection earlier this year, the judge halted the trial so he could preside over a growing number of criminal cases. Rather than continue to wait for a trial, the Powers settled the case.

The judge in the case, Mike McCuskey, who is also the chief federal jurist for the central district of Illinois, said in an interview he has no choice but to push back civil cases because of his criminal caseload. In 1997, federal court statistics show, Judge McCuskey's district had 55 civil cases that were pending more than three years. Last year, it had 1,200.

"Civil litigation has ground to a halt," Judge McCuskey said, adding that "you've got a right to sue but you do not get a right to a speedy jury trial."

President Obama has nominated highly qualified jurists to sit on our nation’s federal courts and ensure that every American gets their day in court … if only Senate Republicans would allow that to happen.

PFAW

PFAW Applauds Committee Vote on Respect For Marriage Act

Back in July, I had the privilege of attending the Senate Judiciary Committee hearing on the Respect for Marriage Act. Today brought me to another historic moment: the passage of that bill out of Committee.

Senator Feinstein, the bill’s chief sponsor, offered a perfect description of how times have changed.

“When DOMA passed 15 years ago, no state permitted same-sex marriage. Today, 6 states and the District of Columbia do: Vermont, Connecticut, Iowa, New York, New Hampshire, and Massachusetts.

So, today there are 131,000-plus legally married same-sex couples in this country.

These changes reflect a firmly-established legal principle in this country: marriage is a legal preserve of the states.

DOMA infringes on this state authority by requiring the federal government to disregard state law, and deny more than 1,100 federal rights and benefits to which all other legally married couples are entitled.”

Here are a mere few of the many highlights from the other nine Democrats on the Committee, all nine among the bill’s thirty cosponsors.

Chairman Leahy:

“The Federal Government should not deny recognition and protection to the thousands of Americans who are lawfully married under their state law. We must repeal DOMA to ensure the freedom and equality of all of our citizens.”

Senator Durbin:

“I voted for DOMA. I believe I was wrong.”

“If this is called to the floor and only the 30 cosponsors vote for it, it’s worth the effort.”

Senator Franken:

“But every year, when they fill out their federal tax return, Javen and Oby have to check the ‘single’ box. They have to sign that form—under penalty of perjury. Every year, DOMA forces Javen and Oby to lie under oath. Every year, Javen and Oby pay taxes to a government that says their marriage is a fiction, even though they are a married couple—in the eyes of the God that they worship, in the eyes of their friends and family, and in the eyes of the state of Connecticut.”

“And you know, when we do pass it, straight people aren’t suddenly going to become gay. Straight people aren’t going to stop getting married. No, we’re going to be just fine. What will happen is that millions upon millions of lesbian and gay Americans aren’t going to suffer the indignity of having their own government tell them that their marriages are no good. What will happen is that it will be easier for those people to start and protect their families.”

Senator Coons:

"This is a truly important day in our nation's journey toward equality," Senator Coons said. "We’ve made tremendous progress and I am proud of the committee's vote today. As more Americans join the cause of equality, the Senate is changing with it. Equality is never a special interest — it is a fundamental interest of this country. Whether the Respect for Marriage Act moves to the floor in this Congress or the next, we will eventually repeal DOMA. We must redouble our efforts to show that the love and commitment shared by same-sex couples is of equal value as that shared by heterosexual couples."

Please take a moment to add your name to PFAW's petition urging Congress to Dump DOMA and end this unconstitutional, discriminatory policy once and for all.

PFAW

Tuesday's Biggest Loser: The New, New Mitt Romney

The new, new Mitt Romney has been doing everything he can to fit in. But on Tuesday, he faced a big setback: he found out that he had been trying too hard to fit in with the wrong crowd.

Mitt was having a hard time figuring out which side to pick in two statewide referendums that pit the most extreme interests of the Republican party against the common sense interests of American voters. In Ohio, he endorsed a bill that took a sledgehammer to workers' rights, then couldn't decide if he would oppose its repeal, then finally decided he was for the anti-worker bill all along. On Tuesday, Ohio voters killed the bill by a whopping 61-39 percent margin.

The former governor performed an almost unbelievable flip-flop on a proposed referendum in Mississippi, which would have defined "personhood" as beginning at the moment of fertilization - thereby banning not only all abortions regardless of circumstances, but also hormonal birth control, in vitro fertilization and the treatment of ectopic pregnancies. Asked about such "personhood" bills by Mike Huckabee, Romney said he "absolutely" supported them. Asked by a participant at a town hall meeting whether he really supported banning hormonal birth control, Romney hedged the question. Finally, the day after Mississippi resoundingly rejected the restrictive amendment, surprise! Romney's campaign came out to clarify that he was on the side of the majority after all, that he had never supported personhood, and thought these decisions should be left up to the states anyway.

Got that? Pick the one of those three positions that work best for you.

The GOP's radical shift to the right in recent years has caused Mitt Romney to do whatever it takes to get with the right Right crowd. In his endless quest for electability, Romney has followed Michele Bachmann, Rick Perry, and the rest of the Radical GOP off a cliff - and appears not to have noticed that the rest of America has stayed behind.

What Romney might not have counted on is that American voters, unlike him, know when a line has been crossed. While the GOP establishment steadfastly supported Ohio's anti-worker law, voters rejected the policy across party lines. Protecting the fundamental right to collective bargaining wasn't a partisan issue - it was an issue of core values.

Similarly, Mississippi voters rejected the "personhood" amendment by a decisive 16-point margin. Banning birth control and life-saving procedures for pregnant women was a line that Romney easily crossed, but it is one which voters in one of the most conservative states in the nation would not.

Romney must have felt a similar unpleasant jolt when voters in Arizona unseated state senate president Russell Pearce, the author of the state's devastating anti-immigrant reforms. Whoops-- Mitt Romney had already moved his position on immigration to the right of Rick Perry.

We can only expect that Romney will keep radically reversing all of his earlier positions on every important issue. That is until it is time to start changing them back again for the general election. Is anyone, no matter what their politics, going to buy that?

This piece originally appeared in The Huffington Post.

PFAW

A Time for House Party Action

Last night the energy continued to grow as citizens from all over the country gathered in living rooms, church basements, college campuses and “Occupy” protests to discuss the need for a constitutional amendment to undo the Supreme Court’s ruling that lets corporations spend as much as they want to influence our elections.  US Senator Bernie Sanders (I-VT) was the featured speaker during our webcast highlighting the impact the decision will have on our lives and our political system and calling for a constitutional amendment as the remedy.

People For the American Way was one of the proud co-sponsors of the over 200 house parties focused on educating, planning and developing actions in the states. The planning focused on grassroots actions taking place all over the country on January 21, 2012, the second anniversary of the Citizen’s United decision.

Click here to view last night’s webinar. Also visit www.united4thepeople.org  to see many of the organizations working to overturn the Citizens United decision.

PFAW

No Dent in the Nominations Backlog

November appears to be another month of Republican obstruction of qualified mainstream judicial nominees. So far this month, despite the substantial backlog of pending nominations, the Senate has voted to confirm only three judges. In the same period of time, the Senate Judiciary Committee has forwarded five qualified nominees to the floor, and more are on the way.

The backlog on the floor is growing due to the needlessly slow confirmation rate.

There are currently 24 qualified nominees waiting for a floor vote, 20 of whom received no opposition at all in committee. Many of the consensus nominees have been waiting for a vote since the summer. Eight of the pending nominees are judicial emergencies.

Without judges, the judicial branch cannot function, and the American people's access to justice is delayed or even denied. There are 102 total vacancies, 31 of which are judicial emergencies.

Yet Senate Republicans refuse to consent to timely floor votes on consensus nominees, even when they are strongly supported by their home-state Republican senators. Judiciary Committee Chairman Patrick Leahy spoke out against the obstruction on the Senate floor yesterday:

During President Bush's first 4 years, the Senate confirmed a total of 205 Federal circuit and district court judges. As of today, we would need another 90 confirmations over the next 12 months to match that total. That means a faster confirmation rate for the next 12 months than in any 12 months of the Obama administration to date. That would require Senate Republicans to abandon their delaying tactics.

Yesterday, voters in various parts of the country demonstrated that they want their elected officials to work for, not against, the American people. Ending the sabotage of the judicial branch of the United States government would be one way to show that Republicans are listening.

PFAW

Pastors Challenge The Extremism Behind 'The Call: Detroit'

Cross-posted on Right Wing Watch

As Lou Engle prepares to lead The Call:Detroit on Friday, Detroit pastors are beginning to speak out against Engle’s radical ideology and some are urging Detroit residents not to participate in his prayer rally. Rev. Charles Williams II of the Historic King Solomon Baptist Church, a member of People For the American Way’s African American Ministers In Action, said the rally is only bringing “divisiveness and fear” to the city. “Religious leaders who support this event should really take a look at what its undertones are all about,” he said.

Today, Rev. Williams and other faith leaders will be holding a press conference challenging the prayer rally, and yesterday the reverend spoke to Fox Detroit on why people of faith should think twice about participating in The Call. Williams highlighted the fact that Engle took The Call to Uganda where he and other speakers spoke out in support of draconian legislation that would criminalize homosexuality and even impose the death penalty for homosexuals in some cases. He also addressed claims by Engle and other organizers of The Call that Islam and Muslims are literally demonic.

“I think most of us in the City of Detroit and I think most Christians have much more sense then some of [these] radical religious right values that this guy’s promoting,” Rev. Williams said. “We just don’t need that kind of politics of deception nor fear here in Detroit.”

Watch:

PFAW

Yesterday's Big Election Victories and What They Mean

What a huge day for progressive power! Yesterday, voters in nearly every region of the country turned out and resoundingly defeated right-wing attacks on:

  • Workers’ Rights (Ohio);
  • Choice (Mississippi);
  • Voting Rights (Maine);
  • Marriage Equality (Iowa);
  • Immigrant Civil Rights AND Government By the People (Arizona);
  • Public Education (North Carolina);
  • AND MORE.

In the nationally-watched races and ballot initiatives across America, progressives won across the board. These hard-fought victories are not just wins for people in these states. The results have important ramifications moving forward into the 2012 elections, with this flexing of political muscle providing a good source of hope that maybe 2012 can be our 2010.

Let’s remember that most of the Republican presidential candidates came down on the losing side of virtually every one of these issues, showing how out of touch they and their party are with Americans’ values. Frontrunner Mitt Romney, whom many consider to be the presumptive nominee, after his usual hemming and hawing, came out strongly against workers’ rights in Ohio and said he would support the shockingly extreme “personhood” amendment in Mississippi that would have given fertilized eggs the rights of human beings. Even the overwhelmingly Republican -- and culturally conservative -- electorate of deep red state Mississippi rejected that radical position by a whopping 58%-42%. An astute political observer might accurately say that Mitt Romney was in fact yesterday’s, and thus Election 2011’s, biggest loser.

Ohio – workers’ rights and defending the middle class WIN

In Ohio, voters stood up their neighbors -- their nurses, teachers, policemen and firefighters -- and successfully repealed the right-wing governor’s Wisconsin-style attack on the fundamental collective bargaining rights of public employees -- the law known as SB 5. Tallies are showing that over 60% of voters voted “No” on Issue 2, to repeal SB 5, with only six counties in the entire state showing majorities in favor of keeping the law. In all those counties, Republican Governor John Kasich won with more than 60% of the vote in 2010.

We worked hard, with PFAW activists in Ohio playing a critical role in the effort. Our allies in Ohio, especially our friends at We Are Ohio, led an inspiring and effective campaign. This victory will have a lasting impact in Ohio and national politics, as it staved off an attack that could have been crippling to progressives in a critical swing state.

The attacks on working people in Ohio, Wisconsin and other states are part of a right-wing effort to break the back of organized labor, which is a major source of progressive power and one of the only political counterweights to the corporate special interests that fund the Right. Like laws that disenfranchise voters in communities that traditionally vote more progressive, these new policies are a naked partisan power grab by Republican politicians, and at the same time serve as a big gift, basically a policy kickback, to their corporate contributors like the Koch brothers.

We will work hard to help replicate nationally for 2012 the Ohio organizing model that mobilized a middle-class revolt against right-wing extremism in that state.

Mississippi – reproductive rights WIN

As I mentioned above, voters in Mississippi, a state in which Democrats didn’t even bother to run a candidate in several statewide races, overwhelmingly rejected a state constitutional amendment that would have defined a fertilized egg as a person. That dreadful law would have effectively turned ALL abortions, without exception for rape, incest of the health of the mother, into murder under state law. It would have done the same with many popular forms of birth control and the processes involved in fertility treatment, even creating legal suspicion around miscarriages.

A similar “personhood” amendment had twice been rejected by voters in Colorado by similarly large margins, but polling leading up to Election Day in Mississippi showed a toss up. It’s important to note that while many anti-choice conservatives expressed reservations about the far-reaching extremity of the amendment, just about every Religious Right group and Republican supported it … and it lost by 16 points … IN MISSISSIPPI.

Maine – voting rights WIN

Maine voters yesterday voted to preserve their same-day voter registration policy after the right-wing legislature passed a law to repeal it.

In another example of the Right doing everything it can to make ballot access more difficult for some voters, after Republicans took control of the governorship and the legislature in 2010, one of the first things on the chopping block was Maine’s same-day voter registration law.

Voters have been able to register at their polling place on Election Day in Maine since 1973 -- if there is anything ingrained in the voting culture of Maine it’s same-day registration. Same-day voter registration is the reason Maine has one of the highest voter turnouts in the country (states with same-day registration average 6% higher turnout than states without it). It’s good for democracy … but apparently that’s bad for the Right.

Republicans had used the bogus straw man argument about “widespread voter fraud” -- even though it’s never been a reported problem in Maine. They amazingly trotted out the argument that people who wait until Election Day to register are not “engaged” enough in the process, even though same-day registrants are simply abiding by the law of nearly 40 years, and showing up on Election Day is the ultimate demonstration of “engagement.”

The Maine Republican Party even ran a full page newspaper ad just before the election trying to portray the ballot initiative to “repeal the repeal” and save same-day registration as some sort of gay activist plot. The ad implied that Equality Maine’s support of the referendum was somehow insidious and revealing of some problem with the long-standing, pro-democracy law. In reality, LGBT rights groups did have stake in the results of yesterday’s same-day voter registration ballot initiative because if Mainers would not join together to defeat such a radical right-wing usurpation of voters’ rights, then the Equality movement in that state concluded there would be little hope in waging another campaign to enact same-sex marriage equality by referendum. So, yesterday’s victory for voting rights effectively leaves the door open for a future victory for marriage equality as well. 

Iowa – marriage equality WIN

While the victory in Maine opens the possibility of a future win for marriage equality in that state, in Iowa, the state’s existing marriage equality law won a major victory with the election of the Democrat running in a special election for state Senate. Party control of the Senate hinged on this race and if the Republican had won, the legislature would surely move to undo marriage equality for same-sex couples in Iowa.

The Senate seat in question became open when Republican Governor Terry Branstad appointed incumbent Democratic Senator Swati Dandekar to a high paying post on the Iowa Utilities Board. Republicans knew full well that the bare majority Democrats held in the Senate would then be up for grabs, and with it, the fate of marriage equality. Congratulations to Democratic Senator Elect Liz Mathis, the voters who elected her and all the people of Iowa whose rights will continue to be protected by a state marriage law that holds true to our core constitutional values of Fairness and Equality.

Arizona – immigrant rights and democracy WIN

Voters in Arizona really made an impressive show of strength yesterday when they voted to RECALL Republican State Senator Russell Pearce, the architect of Arizona’s infamous draconian “show me your papers” immigration bill, SB 1070. Arizonans did themselves and the country a great service in rejected the lawmaker who pioneered the shameful racial profiling bill.

This is not just a victory for fair and humane immigration policy. The often untold story of SB 1070 is that it was engineered by the right-wing American Legislative Exchange Council (ALEC), a policy group funded by corporate special interests that essentially writes many of the laws pushed every year by right-wing state legislators across the country. SB 1070 was on its face an ugly, racist backlash against undocumented immigrants, but it was also a handout to the powerful private prison industry, which stood to benefit financially by mass roundups of undocumented immigrants who would, of course, be held in prisons.

The successful recall of the right-wing, anti-immigrant icon Russell Pearce was a win for fairness, for civil liberties and for the dignified treatment of America’s immigrant communities. But it was also a triumph over corrupt corporate influence in government and a victory for Government By the People.

Wake County, North Carolina – public education and racial equality WIN

Last month, voters in Wake County, North Carolina decisively defeated four conservative school board candidates responsible for scrapping the district's lauded diversity policies. Yesterday, the final runoff election was decided by Wake County voters who handed victory, and majority control of the school board, to the Democrats.

The ousted board members had been backed by the Koch-funded Tea Party group Americans For Prosperity (AFP). This past summer, People For the American Way and PFAW's African American Ministers in Action (AAMIA) program joined with Brave New Foundation to cosponsor the release of their “Koch Brothers Exposed” video that told the story of AFP’s involvement in the school board election and the board’s effort to resegregate schools. I’m proud that we were able to help shine a light on the Right’s unconscionable attack on public education, racial equality and civil rights.

More Notable Results

The citizens of Missoula, Montana passed a resolution in support of amending the Constitution to end corporate personhood and undo the Supreme Court’s disastrous decision in Citizen's United v. FEC. The referendum was initiated by a City Councilwoman Cynthia Wolken, an active member of our affiliate PFAW Foundation’s Young Elected Official (YEO) Network.

In Kentucky, Democrats won four out of five statewide races with incumbent Democratic governor Steve Beshear winning in a landslide over his Republican challenger

In New Jersey, after two years on the losing side of confrontations with Gov. Chris Christie, Democrats seemed to turn the tide, fighting off well-funded Republican challenges and gaining one seat in the state Legislature.

And in Virginia, the GOP was expected to take majority control of the state Senate -- which they only needed two seats to do – but might have fallen just short. With a paper-thin margin of 86 votes in one race handing preliminary victory to the Republican, there will surely be a recall and Democrats are at least publicly optimistic.

There were more progressive victories in local races around the country, and some losses. For the most part, however, the losses were either very minor or very expected. Where the eyes of the nation was focused, and where progressives put energy and resources, we won across the board. This morning, as we look ahead to 2012, the Right should be very nervous.

Thank you for your ongoing support -- it makes all the difference, every time … and 2012 will be no exception.

PFAW

SB 137 says Michigan bullies can hide behind religion

In 2002, upon completing eighth grade at MacDonald Middle School in East Lansing, MI, Matt Epling was the victim of a hazing assault by upperclassmen. Roughly forty days later, presumably still reeling from the aftermath of the incident, Matt committed suicide. In the years since, friends and family have honored his memory by fighting for the passage of Matt’s Safe School Law.

The latest iteration of this legislation passed the Michigan Senate on November 2. But instead of protecting students like Matt from bullying and harassment, SB 137 creates a potentially dangerous religious exemption.

This section does not prohibit a statement of a sincerely held religious belief or moral conviction of a school employee, school volunteer, pupil, or a pupil's parent or guardian.

The First Amendment and the fundamental constitutional rights and principles it encompasses deserve our utmost respect and a passionate defense. But to exempt religion in this way is not the answer.

Matt’s father, [Kevin Epling], expressed his dismay in a Facebook post after the state senate vote on Wednesday. “I am ashamed that this could be Michigan’s bill on anti-bullying,” wrote Epling. “For years the line [from Republicans] has been ‘no protected classes,’ and the first thing they throw in…was a very protected class, and limited them from repercussions of their own actions.”

Senator Gretchen Whitmer:

Or as Dr. Eliza Byard, Executive Director of the Gay, Lesbian and Straight Education Network, once said:

This is an issue of behavior, not belief.

News reports suggest that a compromise is in the works. Please tell the House and the Education Committee to:

Fix SB 137 by removing the exemption clause, adding statewide reporting requirements, and adding enumerated protections for categories such as race, disability, and sexual orientation.
PFAW

DC Circuit Upholds Healthcare Law and Demolishes Right's Arguments

In an opinion written by conservative Judge Laurence Silberman, a three-judge panel of the U.S. Court of Appeals for the DC Circuit Court today upheld the individual mandate of the Affordable Care Act. In a carefully considered 2-1 opinion, the court rejected the argument that Congress lacks authority under the Commerce Clause to require Americans to purchase health insurance. Judge Silberman's opinion points out just how extreme the right wing's arguments against the law are. (The dissent was based on jurisdiction, rather than the merits of the case.)

The parties challenging the ACA argued that Congress's authority under the Commerce Clause is limited to people who are actively engaged in an economic activity. Thus, they say, Congress cannot require people to purchase health insurance. Although the Right Wing presents this argument as a conservative return to the original intent of the Framers, Judge Silberman recognizes that it is anything but:

Nothing in the text of the Constitution or relevant case law supports this constricted vision of congressional authority under the Commerce Clause. As Judge Silberman writes:

The mandate, it should be recognized, is indeed somewhat novel, but so too, for all its elegance, is appellants’ argument.

People For the American Way Foundation Senior Fellow Jamie Raskin has written that "the conservative arguments assailing the individual mandate seem paper-thin from the standpoint of constitutional text, history, precedent and doctrine." Or, as the DC Circuit stated today:

The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local–or seemingly passive–their individual origins.

The constitutional attack against the Affordable Care Act is part of the Far Right's larger efforts to peddle the idea that Americans are powerless to impose reasonable limits on large corporations and hold them accountable when they do wrong. They will not be happy with today's dose of reality from Judge Silberman and the DC Circuit.

PFAW

Jobs Relief for Disabled and Unemployed Veterans: Who Could Object?

This morning, I was pleased to be able to attend an event at the White House where President Obama announced plans to move legislation to encourage employers to hire disabled and unemployed veterans by making tax credits available to the employers when they hire these veterans. The President urged Congress to put aside the obstruction that led to the Republican filibuster of the American Jobs Act and several of its component parts (e.g. funds to provide for the hiring of teachers and first responders and funds to put hundreds of thousands of Americans back to work repairing our crumbling bridges, roads and other infrastructure), and instead to pass this piece of the American Jobs Act.

Prospects for passage of the veterans jobs bill look rosier than previous votes, perhaps because even the Republican obstructionists in Congress will have to admit, that, as President Obama said, it's time for Congress to "put country before party." It is long past time for the obstructionists in Congress to step aside and let America work for the American people.

PFAW

Houston Newspaper Retracts Endorsement Over Homophobic Flier

Over the weekend, the Houston Chronicle retracted its endorsement of a school board incumbent over a last-minute campaign flier dripping with homophobia.

A last-minute campaign flier for Rodriguez displays appalling homophobia. The flier urges recipients not just to vote for Rodriguez, but to vote against his opponent, Ramiro Fonseca, because he has been endorsed by the Houston GLBT Caucus, "the South's oldest civil rights organization dedicated solely to the advancement of gay, lesbian, bisexual and transgender rights." The flier further states that Fonseca has "spent years advocating for gay, lesbian, bi-sexual, transgender rights ... not kids," and winds up with a pair of bullet points noting that he's 54 years old with no children and has a male partner.

That's obvious gay-bashing, of the kind that HISD rightly prohibits on the playground. It has no place on HISD's board.

Not only did the Chronicle repudiate Manuel Rodriguez's efforts to stir up animus against gays and lesbians, it also pointed out a truth that the Right Wing desperately wants to hide:

Advocating for gay, lesbian, bisexual and transgender rights is advocating for kids. GLBT kids are among those who most need adult protection and support.

...

Members of the school board are supposed to be role models, not bullies. They're supposed to support civil rights, not fight against them. They're supposed to fight hate speech, not commit it.

It's important to stand up to bullying, intolerant behavior, whether on the playground or at the ballot box.

 Kudos to the Chronicle for taking a principled stand against those who use homophobia to troll for votes.

 

PFAW

Helping Voters Exercise Their Right Must Be Fraud

A report in the Wall Street Journal detailing the Obama campaign’s plan to help eligible voters navigate the onslaught of voter suppression measures being implemented in states around the country can only mean one thing to Fox guest Chris Plante: helping eligible voters actually cast a ballot is the same thing as seeking to commit voter fraud.

“They want to engage in voter fraud, of course. What other possible answer could there be?...This is about corruption, plain and simple.”

If the GOP’s war on voting needs a spokesman, Chris Plante is up to the task.

[HT Media Matters]

PFAW

Oh, You Mean That "Random Person" Sitting Right Next To Me?

Cross-posted on Right Wing Watch

Just yesterday, the Washington Post noted the bizarre stranglehold that Grover Norquist and his anti-tax zealotry has over Republicans in Congress.

Today, during his weekly press conference, House Speaker John Boehner was asked by NBC's Luke Russert what he thought about Norquist's influence on Republicans, to which Boehner responded with a bizarre dismissal:

BOEHNER: Our focus here is on jobs. We're doing everything I can to get our economy going, to get people back to work. It's not often I'm asked about some random person.

RUSSERT: To your conference, is Grover Norquist a random person?

BOEHNER: Listen, our focus is on creating jobs, not talking about somebody's personality.

Ummm ...really? Because the last time we checked, it was rather uncommon for "some random person" to be seated right next to high-ranking GOP leaders like John Boehner:

PFAW

Boulder, Colorado Joins Call for End to Corporate Personhood

Citizens of Boulder, Colorado voted last night to pass a ballot measure calling for a constitutional amendment stating that corporations are not people and do not have the same rights as people to influence elections. The campaign was a grassroots effort organized by Move to Amend, a national coalition dedicated to abolishing corporate personhood and reversing the Supreme Court’s deeply flawed decision in Citizens United v. FEC.

“From Occupy Wall Street to Boulder, Colorado and every town in between, Americans are fed up with corporate dominance of our political system,” said Kaitlin Sopoci-Belknap, a national spokesperson for Move to Amend. “Local resolution campaigns are an opportunity for citizens to speak up and let it be known that we won’t accept the corporate takeover of our government lying down. We urge communities across the country to join the Move to Amend campaign and raise your voices.”

 

The national movement supporting a constitutional amendment is picking up steam. Yesterday, Senators Tom Udall and Michael Bennet (with additional cosponsors) introduced an amendment that would reverse the effects of the Citizens United decision, a move which according to PFAW’s Marge Baker, will will help ensure that “the American people – not deep pocketed corporations – [will] be the loudest voice when we choose our leaders.”

Voters in Madison and Dane Counties, Wisconsin approved a similar measure earlier this year, and voters in Missoula, Montana will have a chance to do so next week.

The ballot measures may be scattered across the country, but the message is clear: corporations are not people, and the flood of special-interest money that has hijacked our democracy needs to be stopped.

A complete list of all resolutions passed so far is available here.

PFAW