PEOPLE FOR BLOG

There were many strong speeches during the House debate on repealing Don’t Ask, Don’t Tell. Part 1. Part 2.

I wanted to share three highlights with you now.

Representative Patrick Murphy (D-PA8) is the lead sponsor of the Don't Ask, Don't Tell Repeal Act of 2010. He shared his personal experience: “When I deployed to Iraq as a captain with the 82nd Airborne Division, my team and I didn't care about someone else's sexual orientation. We cared whether everyone could do their job so we could all come home alive.”

Representative Al Green (D-TX9), a veteran civil rights advocate, is heading into his 4th term in Congress. He fought on a battlefield of a different sort: “Mr. Speaker, life has prepared me for this vote. When you have had to sit at the back of the bus, in the balcony of the movie and have had to stand in a line for colored only, then you are prepared for this vote.”

But there’s perhaps no more passionate a civil rights voice serving in Congress today than Representative John Lewis (D-GA5), who led marchers across the Edmund Pettus Bridge in what’s since become known as Bloody Sunday. His plea was simple: “Vote ‘yes’ because discrimination is wrong.”

Repeal is now before the Senate, where we need your help to make sure that the bill is taken up, passed, and sent to the President’s desk. Call now! (202) 224-3121

PFAW

The Conservative Assault on the Constitution

Last week, SCOTUSBlog had a podcast interview with legal scholar Erwin Chemerinsky, discussing his new book The Conservative Assault on the Constitution. The blog has asked Chemerinsky some follow-up questions, and his responses are worth reading.

For instance, he discusses the concept of a living Constitution and the hypocrisy behind the Right's claims of a consistent approach to judging cases.

Q. Within the context of the "conservative assault" you discuss in the book, can you please define the terms "living constitution" and "strict constructionist"?

- Everyone is a strict constructionist in that everyone believes that the text of the Constitution should be followed where it is clear. But the phrase "strict constructionist" was coined by Richard Nixon to refer to something more ideological: Justices who followed the conservative approach to interpreting constitutional provisions. Interestingly, conservatives are not strict constructionists in interpreting the Second Amendment. There conservatives read the Second Amendment as if it simply said "the right of the people to keep and bear arms shall not be infringed." They ignore the first half of the Amendment which speaks of the right existing for the purpose of having a well-regulated militia.

A belief in a "living Constitution" rejects the notion that the meaning of a constitutional provision is the same in 2011 as when it was adopted. A living Constitution says that in interpreting the Constitution, Justices and judges should consider history, tradition, precedent, and modern needs. There always has been a living Constitution and hopefully always will be. The opposite of a living Constitution is a dead Constitution and no society can be governed under that.

He also discusses how self-professed conservative "originalists" are selective in when they pay attention to original intent.

Q. You write in your book that "it is clear that conservatives often abandon the original-meaning approach when it does not serve their ideological purposes." Can you please elaborate - perhaps by providing an example or two?

- Affirmative action. I am skeptical that we can ever really know the original intent or meaning for a constitutional provision. But if ever it is clear, it is that the drafters of the equal protection clause of the Fourteenth Amendment intended to allow race-conscious programs of the sort that today we call affirmative action. The Congress that ratified the Fourteenth Amendment adopted many such programs. Yet originalist Justices, like Antonin Scalia and Clarence Thomas, pay no attention to this history in condemning affirmative action. Another example is campaign finance. There is absolutely no indication that the drafters of the First Amendment intended to protect the speech of corporations (that did not occur for the first time until 1978) or spending in election campaigns. But conservative Justices nonetheless find a First Amendment right for corporations to engage in unlimited expenditures in campaigns.

Of course, that is a reference to Citizens United, where the aggressively activist Roberts Court handed our elections over to powerful corporate interests. There is a direct line from that case to the new corporate-friendly gang that will be running the House of Representatives for the next two years.

Who sits on the Court has consequences for us all.

PFAW

Artist Requests that his Work be Pulled from Censored Smithsonian Exhibit

The Stranger reports that AA Bronson, an artist whose work is featured in the National Portrait Gallery’s “Hide/Seek” exhibition has asked that his work be removed from the exhibit after the censoring of a video that the Religious Right was unhappy with. Here’s his letter to Portrait Gallery director Martin Sullivan:

Dear Martin Sullivan,

I have sent an email to the National Gallery of Canada requesting that they remove my work “Felix, June 5, 1994″ from the “Hide/Seek” exhibition at the National Portrait Gallery. I had resisted taking this step, hoping that some reconciliation could be reached regarding the censorship of the David Wojnarowicz video, but it is clear that this is not coming any time soon. As an artist who saw first hand the tremendous agony and pain that so many of my generation lived through, and died with, I cannot take the decision of the Smithsonian lightly. To edit queer history in this way is hurtful and disrespectful.

yours truly,
AA Bronson
Artistic Director

Bronson is the latest arts luminary to renounce the Smithsonian’s censorship. Earlier this week, the Warhol Foundation, a prominent arts funder, announced that it would refuse to fund any future Smithsonian exhibits if the National Portrait Gallery didn’t restore Wojnarowicz’s work to the exhibit. The Mapplethorpe Foundation joined them in suspending funding for the Smithsonian.

Last week, People For’s Michael Keegan traced the path of Wojnarowicz’s work from an expression of suffering during the AIDS crisis to political lightning rod for the Religious Right. Read it here.
 

You can also sign People For's petition telling the incoming GOP House leadership not to censor free expressing.

PFAW

On a 250-175 vote, the House just passed repeal of Don’t Ask, Don’t Tell. People For the American Way and African American Ministers in Action issued the following statements:

 

Michael Keegan, President of People For the American Way, issued the following statement:

“The House has once again stood with the American people, the leaders of our military, and our men and women in uniform in voting to repeal Don’t Ask, Don’t Tell. The minority of Republican senators who are fighting to save this discriminatory and failed policy have resorted to far-fetched arguments and procedural excuses in their efforts to stall the process of repeal. Secretary of Defense Gates and Joint Chiefs Chair Admiral Mullen have spoken clearly and eloquently about the need for immediate repeal, and more than 60 senators have said they will listen to their advice. It’s now time for the Senate to put aside excuses, and do what’s right for the military and the country.”

Leslie Watson Malachi, Director of African American Ministers in Action, added:

“Don’t Ask, Don’t Tell forces men and women serving this country to make compromises with the values of honor, integrity, faithfulness and service. Until the policy is repealed, gay and lesbian service members will continue to be forced to lie about their identities in order to serve their country. Gay and lesbian individuals are ready and willing to step up, and have stood up to the challenge of military service. They share in the sacrifices made by their family, friends, and neighbors. During this season of giving, give what they deserve - to serve honestly and openly with dignity.”

Repeal now goes to the Senate, where we need your help to make sure that the bill is taken up, passed, and sent to the President’s desk. Call now! (202) 224-3121

PFAW and AAMIA have already sent letters to the Senate urging the same.

From the PFAW letter:

Nationwide polls and the Pentagon’s own working group have shown strong support for the right of servicemembers to serve their country openly and honestly. We ask you to make open service a priority by casting your vote to repeal Don’t Ask, Don’t Tell.

From the AAMIA letter:

There is a time and a season for every activity, every purpose. Now is the time, this is the season to repeal Don’t Ask, Don’t Tell.

I know there’s been a lot of confusing procedural wrangling lately, but the time is now. The Senate must take up the House bill. It must be sent to the President’s desk. Call (202) 224-3121.

On a personal note, one of the newspapers in my alma mater’s hometown recently published an editorial on Don’t Ask, Don’t Tell and the DREAM Act. Please click here to read Terry Smith’s piece in the Athens News.

PFAW

Judge Said to Have Made "Obvious and Significant Error" In Health Care Ruling

Once people had time to look past the headlines and actually read this week's opinion striking down a key component of the Affordable Care Act, a number of them are pointing out what they consider a serious flaw in Judge Hudson's reasoning. The key error, they claim, is when the judge wrote:

If a person's decision not to purchase health insurance at a particular point in time does not constitute the type of economic activity subject to regulation under the Commerce Clause, then logically an attempt to enforce such provision under the Necessary and Proper Clause is equally offensive to the Constitution.

Calling the opinion "Amateur Hour," Talking Points Memo writes:

Legal experts are attacking Judge Henry Hudson's decision on the merits, citing an elementary logical flaw at the heart of his opinion. And that has conservative scholars -- even ones sympathetic to the idea that the mandate is unconstitutional -- prepared to see Hudson's decision thrown out.

"I've had a chance to read Judge Hudson's opinion, and it seems to me it has a fairly obvious and quite significant error," writes Orin Kerr, a professor of law at George Washington University, on the generally conservative law blog The Volokh Conspiracy.

Kerr and others note that Hudson's argument against Congress' power to require people to purchase health insurance rests on a tautology. ...

The Necessary and Proper Clause allows Congress to take steps beyond those listed in the Constitution to achieve its Constitutional ends, including the regulation of interstate commerce. Hudson's argument wipes a key part of the Constitution out of existence. Kerr says Hudson "rendered [it] a nullity."

Kerr's co-blogger, Case Western Reserve University Law Professor Jonathan Adler agreed, though he cautioned that Hudson's error doesn't necessarily imply that the mandate is constitutional.

In an interview with TPM this morning, Timothy Jost of Washington and Lee University, a supporter of the mandate, called the logic on this point "completely redundant."

Ouch.

Steve Benen in the Washington Monthly wrote:

That's a rather bizarre legal analysis.

"Bizarre" is one way to describe it. Perhaps another way would be "outcome-based judicial activism."

PFAW

Future of Public Education at Risk in Florida

Even though Florida’s initial experiment with school vouchers was ridden with cases of fraud and profiteering, Governor-Elect Rick Scott plans to drastically expand the voucher program and put the state’s public schools in his crosshairs. While a recent state-commissioned study found that “students using vouchers to attend private schools in Florida are doing no better and no worse than similar students in public schools,” the new Governor wants to expand the voucher program to include all Florida students.

Scott called for the diversion of funds from the public education system to “education savings accounts,” which families can use to pay for public, charter, private, or virtual schools. While such a plan appears innocuous on its face, the devil is in the details.

Valerie Strauss who writes on education issues for the Washington Post suggested that by encouraging students to leave public schools for private institutions, Scott’s plan would badly undercut efforts to make schools more accountable since most private schools are not subject to the same measures of public accountability, like tests and grading. Strauss maintains that “the notion that private schools would inherently be any better than a system of public schools overlooks all the key factors -- poverty being the first but not the only one -- that affect our most troubled public schools right now.”

Stephanie Mencimer of Mother Jones adds that “Scott’s education ‘reform’ plan seems be less about actually making Florida’s schools better and more about paying private companies to run bad ones.” Under Scott’s proposal, oversight would be seriously weakened, while private and virtual schools stand to profit immensely and at the expense of the public education system. Mencimer profiles cases of fraud and underperformance among the programs that would be given the greatest advantages under Scott’s plan, which she described as “a formula for disaster.”

The St. Petersburg Times questions how Scott would clear basic Constitutional and financial requirements. Firstly, Florida’s Supreme Court has found similar voucher programs unconstitutional before for violating the state constitution’s provision for a “uniform system of free public schools.”

Moreover, the numbers just don’t add up. Scott wants to severely reduce school property taxes and abolish corporate taxes, cutting significant revenue sources. The Times adds that since his plan entails “taking a portion of the per student funding for public schools and allowing families to spend that amount as they wish,” Scott “would not leave enough money for public education. And presumably, the hundreds of thousands of students already in private schools would receive public money as well.”

Rick Scott’s radical experiment with the Florida education system is the latest example of attacks on public schools that are taking place throughout the country. Just as Florida’s vouchers have so far proven largely ineffective, studies about voucher programs in Wisconsin and Washington D.C. also found that the programs did not come close to producing the promised benefits. In essence, Scott’s voucher plan drains money away from public schools in favor of an untested, unaccountable, and financially-questionable voucher program without any evidence that it will improve results.

PFAW

A new poll from ABC News and the Washington Post shows that a staggering 77% of Americans believe that Congress should let gay and lesbian Americans serve openly in the military. The poll, conducted from December 9 to 12, reflects previous surveys that show overwhelming support for repealing the military’s Don’t Ask Don’t Tell policy. Even self-described Republicans (74%), conservatives (67%), and white evangelical Christians (70%) believe that gay and lesbian soldiers who publicly disclose their sexual orientation should be allowed to serve.

Just as the vast majority of Americans think that the military should not discriminate against gay and lesbian soldiers, a Pentagon study showed that the majority of military service members do not oppose repealing Don’t Ask Don’t Tell.

Today the House of Representatives is set to vote today on a stand-alone bill to repeal Don’t Ask Don’t Tell introduced by Congressmen Steny Hoyer (D-MD) and Patrick Murphy (D-PA), an Iraq war veteran. If the bill wins approval in the House, the measure will be taken up in the Senate with the support of a bipartisan group of Senators.

With the military leadership and service members and the American people all in agreement that it is time to drop Don’t Ask Don’t Tell, the only thing that stands in the way of the discriminatory policy’s repeal are Senate Republicans who want to obstruct legislative action no matter the cost.

PFAW

PFAW was just as disappointed as anyone to see last Thursday’s procedural defeat of the FY11 Defense authorization bill.
 

Don’t Ask, Don’t Tell has been a failed experiment in discrimination—it has kept countless patriotic Americans from serving their country in the military, and sent thousands of brave men and women packing after honorable careers in the armed forces. For too long, an unjust, ineffective, and unpopular policy has been kept in place by the divisive politics of the far-right fringe. As Sec. Gates has acknowledged, Don’t Ask, Don’t Tell won’t hold up for long in the court of law. The Senate’s refusal to end the policy at Sec. Gates’ request—and to sink an important Defense bill along with it—is short-sighted and irresponsible, and puts right-wing politics ahead of national security.

But we have called on you to keep fighting, in particular on behalf of S. 4023 – the stand-alone repeal bill introduced by Senator Lieberman, with Senators Collins, Gillibrand, Mark Udall, and 38 other cosponsors (at press time).

Last night, a Department of Defense Authorization bill that contained the repeal of Don't Ask, Don't Tell was successfully blocked, falling three votes short of the 60 needed for the bill to get an up-or-down vote on the Senate floor. But there's good news… Several senators who voted to block the bill did so not because they oppose repealing Don't Ask, Don't Tell but because they had procedural objections to how the bill was being pushed forward.

Shortly after the vote, Sens. Joe Lieberman (I-CT) and Susan Collins (R-ME) announced they were introducing Don't Ask, Don't Tell repeal as a stand-alone bill and expressed confidence that they had more than the 60 votes required to move the bill forward. It's been rare in recent years that we could count Sens. Lieberman and Collins as allies in the fight for progress on many of the issues we care about. But in this instance, they deserve to be commended. They are matching their words with action and moving a bill which could, once and for all, be the final nail in the coffin for the discriminatory policy of Don't Ask, Don't Tell.

Help shore up your senators' support for repealing Don't Ask, Don't Tell by calling them now and urging them to vote YES on repeal.

Capitol Switchboard - (202) 224-3121

Last Friday, repeal advocates gathered on Capitol Hill to make sure that the Senate keeps fighting. From Metro Weekly:

I attended the rally and was heartened by the passionate voices emanating from the podium. More information about those speakers, including additional video, is available here and here.

PFAW

Three Discharged Service Members Sue Over Don’t Ask, Don’t Tell

Earlier this month, Defense Secretary Robert Gates implored Congress to lift the widely unpopular Don’t Ask, Don’t Tell policy before it could be lifted by federal courts. A federal judge has already ordered the ban on gays and lesbians serving openly in the military to be lifted, but her order is on hold while the decision is appealed. Now, the Service Members Legal Defense Network has helped three more former service members discharged under Don’t Ask Don’t Tell to sue the government over their firings.

A repeal of the policy failed in a procedural debacle on the Senate floor last week, but Sens. Susan Collins and Joe Lieberman have introduced a stand-alone repeal bill in hopes that the Senate will pass it before it leaves for the holidays. Michael Almy, one of the plaintiffs in the new lawsuit, told the Guardian he hoped senators would take a good look at their priorities:

Almy, a decorated officer who was in the Senate chambers last week when Republicans refused to let the repeal measure advance, said he still hopes lawmakers can be persuaded to take up the standalone bill, even if it means postponing their holidays.

Almy is the son of an air force officer who did not know he was gay. He was discharged in 2005 after another member of the air force searched his computer files and found a private email Almy had written to another man when he was in Iraq. His 13-year career ended with him being given a police escort off the base.

"I spent four Christmases deployed in the Middle East," he said. "If we can make that kind of sacrifice for our nation, certainly our senators can give up a Christmas to get this done."
 

PFAW

White House: Judicial Nominations are a Priority for Lame Duck

White House Press Secretary Robert Gibbs told reporters yesterday that pushing through stalled judicial nominations would be one of the president’s priorities in the last days of the lame duck session of Congress.

People For released a memo last week detailing why it’s important for the Senate to confirm all 38 stalled nominees immediately:

As the end of the 111th Congress approaches, 38 judicial nominees approved by the Senate Judiciary Committee are waiting for a vote on the Senate floor. Many of the nominees have been waiting for months, while a few have been waiting for almost a year.

Of these nominees:

  • 21 (55%) have been nominated to fill emergency slots.
  • 29(76%) are women or people of color.
  • 29 (76%) came out of committee without opposition and an additional 3 came out of committee with significant bipartisan support.

There’s no question that a majority of senators will vote to confirm every one of these nominees, and it’s unlikely that any of them would fail to garner the 60 votes necessary to overcome procedural hurdles that the GOP has deployed on virtually every function the Senate has performed since President Obama took office. (This is doubly true considering that many members of the GOP have publicly asserted that filibusters of judicial nominees aren’t just wrong, but actually unconstitutional.)

Now, Senate Minority Leader Mitch McConnell seems to be offering Democrats a devil’s bargain: confirm a number of the nominees that don’t have any opposition at all, but send the rest back to the White House at the end of the Congress. The group being sent back to the White House will almost certainly include four of the eminently qualified – and mainstream -- nominees who have had the misfortune of being tagged as “controversial” by Republicans:

  • Rhode Island nominee John McConnell, who has been opposed by the US Chamber of Commerce for his willingness to represent victims of lead paint poisoning.
  • Former Wisconsin Supreme Court Justice Louis Butler, whose work as a judge irked business interests so much, they spent $1 million to prevent his reelection.
  • U.S. Magistrate Edward Chen, who has been attacked for his work fighting discrimination against Asian Americans for the American Civil Liberties Union.
  • And then, of course, Ninth Circuit Appeals Court nominee Goodwin Liu. As the New York Times editorial page has pointed out, the GOP’s resistance to Liu centers mainly around the fear that he’s so qualified, he might end up on the Supreme Court.

Senator Reid and his colleagues should call Senator McConnell’s bluff and start holding cloture votes on these nominees. The process will take time, but adding time to the calendar is entirely within the Democratic leadership’s purview. By confirming McConnell, Butler, Chen, and Liu, Senators can make clear that they will fight the unprecedented and enormously damaging obstruction of highly qualified judicial nominees. Walking away from these nominees delivers the confirmation process to the GOP: they’ll effectively block confirmable jurists without even having to go on record with their obstruction.

President Bush worked hard to pack the courts with far-right, Federalist Society judges. Confirming Obama’s picks will not only fill vacancies causing judicial emergencies and add much-needed diversity to the federal bench, it will prevent the federal bench from continuing to be dominated by Bush’s far-right appointments.

 

PFAW

New Attacks on Public Schools

When Republicans take over the House next month, we can expect a flurry of bills seeking to impose school vouchers. But around the country, state and local officials are already escalating their assault against public education.

In Florida, voucher supports had already gotten their foot in the door with voucher programs for low-income students and those with disabilities. Last week, they took the predictable next step:

Florida Gov.-elect Rick Scott on Thursday blew the door wide open to the idea of a voucherlike program for all students, saying he's working with lawmakers to allow state education dollars to follow a student to the school his or her parents choose.

He did not use the term vouchers. Others called it an "education savings account."

But whatever it's called, the incoming governor, key lawmakers and a foundation tied to former Gov. Jeb Bush are setting the stage for Florida to consider one of the most radical education ideas that it - or arguably any state - has ever considered.

In Indiana:

Gov. Mitch Daniels said Wednesday he will ask lawmakers to approve an education voucher system that would let low-income students use state money to help pay for private school tuition.

Daniels provided few details about his proposal - including income levels at which families would qualify or the amount they could receive - but said it will be part of his larger education agenda for the 2011 session.

And in Denver:

The Douglas County school board Tuesday night took another step toward a voucher program, with the board president saying he would like a pilot program for the 2011-12 school year. ...

[T]he board agreed to have Superintendent Elizabeth Celania-Fagen analyze whether vouchers would be good for the school district. After that analysis, the board will receive additional public input and make a final decision. ...

Some at the packed school-board meeting room were not in favor of using public money for a private education, especially for religious schools. Thirteen of the 14 private schools in the district are religious.

They carried signs that read "Keep Public Money in Public Schools" and "Do Not Bankrupt Our Schools."

"I think this would help destroy the public school system," said former teacher Sue Carter.

Indeed, the diversion of funds from public to private schools threatens the integrity of our public education system. By providing public funds to religious schools, voucher programs undermine the separation of church and state. To make things worse, studies show that vouchers don't even lead to significant academic improvements. For instance, earlier this year, the U.S. Department of Education's final report on the D.C. Opportunity Scholarship Program (OSP, the name of the voucher program) found that there "is no conclusive evidence that the OSP affected student achievement."

The problems that are faced by America's public schools will not be solved by taking kids out of the system.

PFAW

Westboro Baptist Church met by counter-protesters at Edwards funeral

Last week, RightWingWatch.org noted the decision by Westboro Baptist Church to stage a protest at Elizabeth Edwards’s funeral. Many were outraged to hear that the Topeka, KS church, led by pastor Fred Phelps and known for its virulently anti-gay rhetoric, would be taking its cause to Raleigh. They may have succeeded in getting some media coverage, but they did not succeed in making the day about hate. They were met with – and dwarfed many times over by – a “human buffer” of counter-protestors.

I share this today not to pay Westboro additional attention, but to show how important it is to take a stand against hate in all its forms.

PFAW

77% of Business Leaders Want Disclosure Laws

Last week, we wrote about the negative reaction some local chambers of commerce have had to the U.S. Chamber of Commerce’s $75 million spending spree on campaign ads. It turns out small businesses aren’t the only ones upset by the Chamber’s political spending and wary of getting involved in national politics. Eliza Newlin Carney of the National Journal reports that many business leaders are questioning the wisdom of contributing to political campaigns, and especially of keeping those contributions secret:

In a Zogby International poll of more than 300 business leaders commissioned by the CED, fully 77 percent said that they “strongly” or “somewhat” support disclosure of the political money corporations spend, both directly and indirectly through third-party groups that run campaign ads. Two-thirds supported the statement that “the lack of transparency and oversight in corporate political activity encourages behavior that puts corporations at legal risk and endangers corporate reputations.”

Caught in the crossfire is the U.S. Chamber, whose pro-GOP spending and advertising blitz was underwritten in part by seven-figure corporate contributions. A trio of Massachusetts investors last month filed shareholder resolutions at some half-dozen corporations that sit on the chamber’s board, urging them to take a more active role on what they called the trade group’s “passive and compliant” board.

Shareholders object to the chamber’s aggressive and partisan midterm spending, its recent lobbying push to challenge or stall recently-enacted financial reforms, and to its policy positions on issues such as climate change, said Timothy Smith, senior vice president at Boston-based Walden Asset Management, one of three investor groups that issued the challenge. Shareholders have also approached close to two dozen companies that do not serve on the chamber’s board, Smith said.

And it seems that many business leaders took to heart the lesson that Target learned the hard way this summer when it spent money to help the campaign of far-right Minnesota gubernatorial candidate Tom Emmer and met with a strong backlash:

“I think there are real counter-pressures developing,” said Bruce Freed, president of the Center for Political Accountability, a nonprofit that advocates better corporate governance. Business leaders are increasingly sensitive to the risks that their campaign expenditures pose, said Freed. The uproar over Target Corp.’s indirect backing for a Minnesota gubernatorial candidate opposed to gay rights was a wakeup call, he added: “Companies are recognizing that we really need to protect ourselves.”

When 77% of business leaders join 84% of Americans in agreeing that their political spending should be disclosed to the public, it makes you wonder just who Republicans in Congress are looking out for by refusing to pass disclosure legislation.
 

PFAW

Today's Healthcare Ruling: Ideology and Judicial Activism

Today, a Bush-nominated federal district court judge struck down the insurance mandate of the landmark health care bill. This is the bill that Republicans did everything in their power to derail - including creating the breathtaking lie that Democrats wanted to kill voters' grandmothers.

The modern Republican Party has a deep-rooted antipathy toward the federal government (unless they're running it). They have created all sorts of legal theories to reinterpret the Constitution - especially the Commerce Clause - so as to prevent Americans from using government as the founders intended to tackle our most serious nationwide problems. With a federal government made impotent by this revision of the Constitution, corporations will continue to pollute, cheat their consumers, discriminate against their workers, and put out fatally defective products with impunity.

Today, it is health care legislation on the docket. But that is just the opening salvo against a wide variety of government endeavors.

Talking Points Memo observes:

A year ago, no one took seriously the idea that a federal health care mandate was unconstitutional. And the idea that buying health care coverage does not amount to "economic activity" seems preposterous on its face. But the decision that just came down from the federal judgment in Virginia -- that the federal health care mandate is unconstitutional -- is an example that decades of Republicans packing the federal judiciary with activist judges has finally paid off.

Indeed, contrary to conservatives' long-standing anathema to "activist" judges who "legislate from the bench," that is precisely what Judge Hudson appears to be doing in this case.

For instance, on page 38:

However, the bill embraces far more than health care reform. It is laden with provisions and riders patently extraneous to health care - over 400 in all.

These are not the words of a neutral, apolitical judge, but of someone with a policy ax to grind and his own view of what the legislative process should have comprised. The activist ax comes out again on page 39, when discussing whether striking down the insurance mandate section of the bill requires the judge to strike down the entire law:

The final element of the analysis is difficult to apply in this case given the haste with which the final version of the 2,700 page bill was rushed to the floor for a Christmas Eve vote. It would be virtually impossible within the present record to determine whether Congress would have passed this bill, encompassing a wide variety of topics related and unrelated to health care, with Section 1501.

If you didn't know better, you might think this was a talking points document put out by Congressional opponents of health care reform.

PFAW

PFAW Delivers to Senate 25,000 Petitions Pressing for DISCLOSE Act

Yesterday, People For the American Way delivered to Senate Rules Committee Chairman Charles Schumer the signatures of over 25,000 activists urging the Senate to take up and pass the DISCLOSE Act before the end of this Congress. The House passed the bill earlier this year, but Republican Senators have twice blocked it from proceeding in the Senate.

The best chance the Senate has to pass the bill is to pass it now. Despite the overwhelming popularity of campaign finance disclosure measures, the GOP has hardly been friendly to DISCLOSE so far (all but two House Republicans voted against the measure, and it didn’t win the support of a single Republican senator). The bill was also a target of corporate lobbyists—many of whom, the Washington Post reports, will now be moving to Capitol Hill to work as highly placed advisors to new Republican members of Congress.

But even if the Senate doesn’t vote on DISCLOSE this month, we’ll keep on pushing to make it law. There’s absolutely no good reason for any member of Congress to oppose a bill that makes government cleaner and elections more transparent. Most Americans agree…and hopefully the GOP will catch on.

For more on the DISCLOSE Act and the Right’s opposition to it, read Michael Keegan on the “Corporate Money Denial Game”.
 

PFAW