PEOPLE FOR BLOG

Report from Madison: Standing Up (in the Snow) for Wisconsin's Workers

By Dave Kreisman

Over the last 13 days, neither rain, nor sleet, nor snow, nor cold has been able to stop the tens of thousands of public employees, their families and allies in Wisconsin’s fight to protect the rights of the middle class and working families.

Democracy, while flourishing in the halls of the Capitol and outside in the streets, was crushed in the Assembly chambers Friday morning at 1am, when after over 60 hours of debate, Speaker Pro Tem Bill Kramer (R-Waukesha) opened the roll and closed it within 15 seconds, allowing only 13 of the 38 Democratic Assembly Representatives the opportunity to cast their vote. The floor immediately erupted with Democratic members rushing the line of Republicans filing out of the chamber chanting “Shame! Shame! Shame!”

As Republicans filed out of the building, Democratic members greeted the hundreds of supporters in the rotunda who have been camping out in solidarity for over a week.

On Saturday over 75,000 people filled the lawn of the Capitol here in Madison, listening as Peter Yarrow of Peter, Paul and Mary, Bradley Whitford along with fellow actors Gabrielle Carteris and Robert Newman and U.S. Airways Pilot Jeff Skiles, the co-pilot who helped safely “land” a passenger plane on the Hudson River in 2009 spoke about their own unions and encouraged the masses to carry on “one more day” with Peter Yarrow assuring the crowd that “the eyes of the world are upon you.”

As has been the case at the end of each day of protests, nothing (not even snow and 14 degree weather) can stop the will of those standing in solidarity with our brothers and sisters in labor.

Dave Kreisman is coordinating People For the American Way's support for workers' rights in Wisconsin.

PFAW

Wisconsin after Citizens United

In the Huffington Post today, People For President Michael Keegan looks at what happens after corporations get unlimited influence in elections. In Wisconsin, big corporate funders not only have elected officials willing to unpopular and anti-populist policies, but also have instant access to decision makers:

The story of the year since Citizens United v. FEC may be perfectly crystallized in the fight that Wisconsin Gov. Scott Walker is waging against his state's public employee unions. Organizations like Americans for Prosperity spent millions of dollars in 2010 running misleading ads bashing health care reform, progressives, immigrants, and American Muslims in order to elect politicians who would stand up for the interests of big business. Now those interests are working hard, and spending a little extra money, to make sure they collect on their investments.

The real story behind the protests in Wisconsin has little to do, as Gov. Walker would have you believe, with a state-level push for fiscal responsibility. It has everything to do with the changing dynamics of money and influence in national politics. Pro-corporate politicians have never liked the power wielded by unionized workers. Last year, in Citizens United v. FEC, the Supreme Court handed them the tools do to something about it, paving the way for a wave of corporate money that helped to sweep pro-corporate politicians into power in November. Citizens United also increased the power of labor unions, but union spending was still no match for money pouring into elections from corporate interests. As Rachel Maddow has pointed out, of the top 10 outside spenders in the 2010 elections, 7 were right-wing groups and 3 were labor unions. Gov. Walker's attempt to obliterate Wisconsin's public employee unions, if it succeeds, could be the first of many attempts across the country to permanently wipe out what are the strongest political opponents of the newly empowered corporate force in American politics.

Read the whole thing here.
 

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Stoking Fear with Silence: Broun Apologizes, but When Will Republican Officials Stop Condoning Lies?

Last Friday, Rep. Paul Broun of Georgia was at a town hall meeting when a constituent asked him, “Who will shoot Obama?” Rather than confronting the call to violence, Broun—who has his own history of incendiary remarks— laughed it off, and answered, “The thing is, I know there’s a lot of frustration with this president… Hopefully, we’ll elect somebody that’s going to be a conservative.”

Today, after a national outcry made it impossible for him to sweep the incident under the table, Broun issued a full apology, saying, “I condemn all statements -- made in sincerity or jest -- that threaten or suggest the use of violence against the President of the United States or any other public official. Such rhetoric cannot and will not be tolerated.”

Broun was right to apologize, however belatedly. But his apology doesn’t erase what has become a troubling habit among many Republican members of Congress: choosing to ignore—and thereby tacitly embracing—lies and conspiracy theories about President Obama’s birth, religion, and love of country. Earlier this month, House Speaker John Boehner led the way when he refused to publically correct members of his base who believe that Obama is a secret Muslim who is illegally serving as president, stating, “I can’t tell Americans what to think.” Progressives called him out for his slippery response, but he ultimately got away with his convenient non-denial.

Broun himself has fed conspiracy theories about the president, saying that Democrats want to take over “all of society,” and even comparing the president to Hitler. Unfortunately, he’s hardly alone in his sometimes subtle and sometimes not-so-subtle embrace of extreme rhetoric.

Elected officials spend a lot of time talking with, and trying to be polite to, people who they may or may not agree with, and they certainly shouldn’t be held responsible for the views of every person who they happen to be in the room with. But elected officials do have the responsibility to operate honestly and responsibly—and that means correcting clear lies and confronting clear calls to violence.

Broun was rightly criticized for his failure to immediately condemn a call to assassinate the president. But when will he and his fellow members of Congress stop stoking the suspicion and fear that leads to such calls in the first place?

PFAW

Madison Police Chief: Walker’s Remarks on Protesters are “Unsettling and Troubling”

Madison, Wisconsin’s police chief isn’t so happy about Gov. Scott Walker’s joking around with a caller who he thought was billionaire Republican donor David Koch. In his conversation with a reporter pretending to be Koch, Walker said that he had “thought about” planting troublemakers in the crowds outside the state’s capital to discredit pro-union protesters. Police Chief Noble Wray told the Milwaukee Journal Sentinel:

“I would like to hear more of an explanation from Governor Walker as to what exactly was being considered, and to what degree it was discussed by his cabinet members. I find it very unsettling and troubling that anyone would consider creating safety risks for our citizens and law enforcement officers,” the chief said.

“Our department works hard dialoging with those who are exercising their First Amendment right, those from both sides of the issue, to make sure we are doing everything we can to ensure they can demonstrate safely. I am concerned that anyone would try to undermine these relationships. I have a responsibility to the community, and to the men and women of this department - who are working long hours protecting and serving this community – to find out more about what was being considered by state leaders.”

The police chief’s remarks come the day after a deputy attorney general in Indiana was fired for encouraging the use of violent force on the Wisconsin protesters.

h/t Think Progress
 

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Fox News: A Mirror Image of the Truth (Or, Reason #965,822 why Americans should not trust Fox News)

I just read Jed Lewison’s post on Daily Kos, “Fox flips poll results to falsely claim Americans support union-busting,” and my reaction is hardly one of shock.

Fox News’ graphics department consistently and persistently makes “mistakes” that show incorrect poll numbers, mislabel people’s party affiliation, and do other things to cast Fox’s favored side of a debate in a positive light and to smear its opposition.

A USA Today/Gallup poll shows a strong majority of Americans -- 61% -- saying that collective bargaining rights should NOT be taken away from workers. Today’s Fox & Friends morning show reported the exact opposite of those polling results, asserting instead -- falsely -- that according to the very same poll, 61% percent of Americans support union-busting.

It was not just the graphic (below) that peddled this lie. The show’s co-host Brian Kilmeade enthusiastically reiterated it.

Later in the broadcast, a correction was made and the actual results of the poll were noted. However, Fox “fessing up” to these mistakes doesn’t change the fact that their continuous snafus appear to be, at best, egregiously sloppy “journalism” and, at worst, intentional distortions meant to confuse, if not mislead, their audience.  

Fox’s “truth”:


The actual truth:


This is just further proof that lies are the currency of the realm at Fox News.

 

 

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Attorney General Eric Holder has announced that the Department of Justice will no longer defend Section 3 of the Defense of Marriage Act in court because it is unconstitutional. This is the provision prohibiting federal recognition of the marriages of gay or lesbian couples. As if that wasn't big enough news by itself, DoJ has concluded that legal classifications based on sexual orientation, like those based on race, sex, national origin, and religion, should be subject to a higher level of judicial scrutiny.

While the Department has previously defended DOMA against legal challenges involving legally married same-sex couples, recent lawsuits that challenge the constitutionality of DOMA Section 3 have caused the President and the Department to conduct a new examination of the defense of this provision. In particular, in November 2010, plaintiffs filed two new lawsuits challenging the constitutionality of Section 3 of DOMA in jurisdictions without precedent on whether sexual-orientation classifications are subject to rational basis review or whether they must satisfy some form of heightened scrutiny. Windsor v. United States, No. 1:10-cv-8435 (S.D.N.Y.); Pedersen v. OPM, No. 3:10-cv-1750 (D. Conn.). Previously, the Administration has defended Section 3 in jurisdictions where circuit courts have already held that classifications based on sexual orientation are subject to rational basis review, and it has advanced arguments to defend DOMA Section 3 under the binding standard that has applied in those cases.

These new lawsuits, by contrast, will require the Department to take an affirmative position on the level of scrutiny that should be applied to DOMA Section 3 in a circuit without binding precedent on the issue. As described more fully below, the President and I have concluded that classifications based on sexual orientation warrant heightened scrutiny and that, as applied to same-sex couples legally married under state law, Section 3 of DOMA is unconstitutional.

This is the first recognition by the United States government that gays and lesbians have suffered a long history of discrimination so bad that it makes suspect any laws that treat people differently based on sexual orientation.  Moreover, that discrimination continues today and limits their political influence.

[T]he adoption of laws like those at issue in Romer v. Evans [prohibiting the state from passing civil rights protections for gay people] and Lawrence [laws making their private sexual conduct a crime], the longstanding ban on gays and lesbians in the military, and the absence of federal protection for employment discrimination on the basis of sexual orientation show the group to have limited political power and "ability to attract the [favorable] attention of the lawmakers." Cleburne, 473 U.S. at 445. And while the enactment of the Matthew Shepard Act and pending repeal of Don't Ask, Don't Tell indicate that the political process is not closed entirely to gay and lesbian people, that is not the standard by which the Court has judged "political powerlessness." Indeed, when the Court ruled that gender-based classifications were subject to heightened scrutiny, women already had won major political victories such as the Nineteenth Amendment (right to vote) and protection under Title VII (employment discrimination).

The Attorney General's announcement notes that it will continue to enforce DOMA until it is repealed by Congress or struck down definitively by the courts. In addition, it will work to ensure that Congress, should it wish, has the opportunity to defend the law in court since the Administration cannot in good conscience do so. (This would presumably avoid a situation like the one in California, where the state refused to pursue an appeal of the district court ruling against Proposition 8, leaving in doubt whether anyone has standing to do so.)

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Scott Walker's Revealing Chat with 'David Koch'

When a reporter from the Buffalo Beast called Wisconsin Governor Scott Walker and pretended to be billionaire industrialist and GOP bankroller David Koch, he spoke to the inaccessible governor for 20 minutes about his plans to wipe out public employee’s collective bargaining rights. A spokesman for the governor dismissed the importance of the conversation, “The governor takes many calls everyday,” but clearly the tapes reveal that Walker and ‘Koch’ were plotting strategy to “crush” labor unions and compel Democratic State Senators to return to the capital. Walker said he is willing to “talk, not negotiate” with Wisconsin Democrats, “they’ll have to back down.” Walker told ‘Koch’ “I have a slugger with my name on it” and “I’ve got layoff notices ready” for public employees:

Koch: [Laughs] Well, I tell you what, Scott: once you crush these bastards I’ll fly you out to Cali and really show you a good time.

Walker: All right, that would be outstanding. Thanks for all the support…it’s all about getting our freedoms back…

Read a partial transcript here, or listen to parts 1 and 2 of the audio:

 

 

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GOP’s Corporate Backers Intent on Busting Unions, Not Solving Budget Problems

In both Wisconsin and Ohio, Republican governors are attempting to rush through legislation that would devastate workers’ rights that would in reality do little to help close their states’ budget shortfalls. Behind their proposals to strip public employees of their collective bargaining rights is actually a political power play to diminish the voice of organized labor in American politics, a move sponsored by corporate interest groups.

Wisconsin Governor Scott Walker’s desire to eliminate collective bargaining has more to do with political baiting than sound fiscal policy.

For example, Walker specifically exempts the four public employee unions that endorsed his gubernatorial bid in his plan to eliminate collective bargaining. Labor law professor Paul Secunda of Marquette University called it “the worst type of favoritism there could be.” And despite his claim to be a fiscal hawk, the Governor pushed through costly corporate giveaways that jeopardized the state’s balanced budget and rejected a Republican’s compromise bill that would permit only a temporary curb on collective bargaining while preserve unions’ financial concessions.

History shows that states that stripped their public employees’ collective bargaining rights did nothing to solve their fiscal problems. Policy Matters Ohio notes that while Indiana, Kentucky, and Missouri recently eliminated public workers’ bargaining rights, “the budget shortfalls of these states in 2010 ranged from 10.6 percent of general revenue fund (Indiana) to 14.5 percent (Kentucky) to 22.7 percent (Missouri), mirroring the fiscal crisis of states across the nation.”

Rather than solve the budget problems, doing away with a key right of workers only advances the agenda of the corporate interests funding Republican campaigns.

Jonathan Salant of Bloomberg looked into the ties between virulently anti-labor corporations like Koch Industries and Wal-Mart and the radical GOP proposals in Wisconsin and Ohio:

Koch, a closely held energy and chemical company based in Wichita, Kansas, is controlled by the billionaire brothers David and Charles Koch. Along with other corporations, Koch Industries has often opposed organized labor on regulation and free trade, Holman said. Now they see a chance to cripple unions in the name of balancing budgets, he said.

The $1.2 million in Koch support for Republican governors includes $1.1 million given to the Republican Governors Association, which spent more than $3.4 million in support of Walker, according to Common Cause, a Washington-based advocacy group that opposes the governor’s proposal.

In addition, Koch gave $43,000 directly to Walker, his single largest corporate source; $11,000 to the Wisconsin Republican party; $22,000 to Kasich; and $34,000 to the Ohio Republicans.

Koch also supported the 2008 campaign of Indiana’s Daniels, according to the National Institute on Money in State Politics. The Republican Governors Association, which received $25,000 from Koch, was the biggest source of campaign cash for Daniels, institute records show.

In addition, Americans for Prosperity spent $1.2 million in support of Republican candidates for Congress last year, Federal Election Commission records show. Koch Industries’ federal political action committee contributed $1.3 million to candidates for the 2010 elections, 90 percent of it to Republicans, according to the Center for Responsive Politics.

Wal-Mart Stores Inc., the Bentonville, Arkansas, subject of a campaign by the United Food and Commercial Workers Union, also contributed to the campaigns of Walker and Daniels, and donated more than $340,000 to the Republican Governors Association for the 2010 elections, according to the Internal Revenue Service and the National Institute on Money in State Politics.
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A Third Judge Upholds the Healthcare Law

Another federal district judge has found the healthcare reform law constitutional. Judge Gladys Kessler in the District of Columbia becomes the third federal judge to uphold the law. As the New York Times reports:

The judge suggested in her 64-page opinion that not buying insurance was an active choice that had clear effects on the marketplace by burdening other payers with the cost of uncompensated medical care.

"Because of this cost-shifting effect," she wrote, "the individual decision to forgo health insurance, when considered in the aggregate, leads to substantially higher insurance premiums for those other individuals who do obtain coverage."

Judge Kessler observed that the basic argument against the law's constitutionality "ignores reality."

As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress's power. [internal citation omitted] However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance. It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not "acting," especially given the serious economic and health-related consequences to every individual of that choice. Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality.

Perhaps that is why many of those on the right screaming most loudly that the law is unconstitutional were expressing the exact opposite opinion before the corporate-funded Tea Party arose, with its bizarre version of the United States Constitution seemingly written for We the Corporations, rather than We the People. After all, the individual mandate was a Republican idea and originally championed by many of those who now scream that it is an unconstitutional usurpation of power by the federal government. For instance, Senators Orrin Hatch and Charles Grassley co-sponsored legislation during the Clinton Administration that featured an individual mandate. As recently as June 2009, Sen. Grassley expressed his belief that there was a bipartisan consensus for individual mandates in the health care legislation. Both have completely flip-flopped on the issue.

Whatever this debate is about, it certainly isn't constitutional principle. Pretending otherwise is, to use Judge Kessler's words, ignoring reality.

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Bruesewitz v. Wyeth: As Sotomayor Comes Out Strong Against Pro-Corporate Judicial Activism, Scalia May Have Met His Match

There is something wearily predictable about Justice Scalia’s straitjacket reinterpretation of the National Childhood Vaccine Injury Act of 1986 (NCVIA) to eliminate the possibility of injured families suing manufacturers for design defects in vaccines. Justice Scalia brings his trademark sleight-of-hand to the task of explaining why the law does not provide for citizens what it obviously does provide and offers his well-developed rhetorical polish and high-minded sarcasm as a way to assure everyone that there is no reasonable alternative to his vigorous rewrite of the law in the interest of corporate immunity. Ah, another federal law, another judicial gloss for the corporations: business-as-usual on the Roberts Court.

What is startling and refreshing about this decision is that Justice Scalia has finally met his match in Justice Sonia Sotomayor, who comes out swinging hard in her powerful dissenting opinion against this aggressive pro-corporate judicial activism and impressionistic rewrite of the statute at hand. It seems that Justice Sotomayor is finding her voice defending popular legislation and democratic rights against the finger-painting and cut-and-paste rewrites of legislation that have become the specialty of free-wheeling conservative Justices.

Consider the numerous hard and effective punches Justice Sotomayor’s throws back at Justice Scalia here, quoting Webster’s Third New International Dictionary, the “plain text and structure” of the statute, and the essential canons of statutory construction, to show who the real “judicial activists” are:

She starts off by blowing the whistle on Justice Scalia’s substitution of his political views for those of Congress: “In holding that the . . . Act pre-empts all design defect claims for injuries stemming from vaccines covered under the Act, the Court imposes its bare policy preference over the considered judgment of Congress.”

After a masterful explanation of the Act and why it permits causes of action related to design defects, Justice Sotomayor writes: “In contrast to the interpretation . . . set forth above, the majority’s interpretation does considerable violence to the statutory text, misconstrues the legislative history, and draws the wrong conclusions from the structure of the Vaccine Act . . .”

And, to leave no doubt about what has just taken place to rob the Bruesewitz family--whose daughter suffered more than 100 seizures after being vaccinated with the DTP vaccine made by Lederle Laboratories--of its fair day in court, she concludes that “whatever the merits of the majority’s policy preference, the decision to bar all design defect claims against vaccine manufacturers is one that Congress must make, not this Court.”

It’s good to know that Justice Sotomayor at least has woken up to the fact that we are headed at a high speed right back into a Lochner-era jurisprudence where conservative Justices work overtime to undo progressive legislation and substitute their own authoritarian judgments for democratic decision-making. The combination of this judicial assault on popularly enacted statutes with the decision in the Citizens United case to arm private corporations with political campaign spending rights under the First Amendment makes for a pretty scary polity and economy. We need more judges and Justices like Justice Sotomayor to stand up for democracy and the rule of law.

Jamie Raskin is a Maryland state senator, constitutional law professor at American University's Washington College of Law, and Senior Fellow at People For the American Way.

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Obama Rescinds Dangerous Bush-Era "Conscience Regulation"

Earlier today, the Obama Administration rescinded most of a Bush-era "conscience clause" regulation that gave special legal rights to health workers who refuse to provide care they find objectionable on personal or religious grounds. Under the Bush rule, hospitals, health plans, and clinics would lose federal funding unless they allowed doctors and other employees to refuse to provide medical care that violated their personal, moral, or religious beliefs. As reported in the Washington Post:

The Health and Human Services Department eliminated nearly the entire rule put into effect by the administration of President George W. Bush during his final days in office that was widely interpreted as allowing such workers to opt out of a broad range of medical services, such as providing the emergency contraceptive Plan B, treating gay men and lesbians and prescribing birth control to single women. ...

The rule was sought by conservative groups, which argued that workers were increasingly being fired, disciplined or penalized in other ways for trying to exercise their "right of conscience."

Women's health advocates, family-planning proponents, abortion rights activists and others had condemned the regulation, saying it created a major obstacle to providing many health services, including abortion, access to the emergency contraception Plan B, birth control pills and other forms of family planning, as well as infertility treatment and possibly a wide range of scientific research. Advocates for end-of-life care also said it could enable doctors, nurses and others to refuse to honor patients' wishes.

Hospitals and other healthcare providers should not be denied the freedom to put the needs of their patients first. If a woman who has been raped needs emergency contraception, a hospital should have the right to actually require its employees to provide that essential care, regardless of their personal beliefs. When a patient needs medical help in an emergency, she shouldn't have to keep her fingers crossed that she happens to get a doctor whose religious beliefs don't clash with hers. When a family has to make an agonizing end of life decision, they should be able to do what's best for their loved one, not what's best for a complete stranger. Medical organizations should be able to hold themselves out as reliable providers of the services they offer.

Under the Bush rule, such entities were forced to run their operations in a way that put people's health - especially women's health - at severe risk, just to please the religious right.

It is important to note that the Obama Administration's move comes on the same day that the House of Representatives voted to deny all federal funding to Planned Parenthood clinics.

The religious right's war against women's rights goes on.

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Wisconsin's Governor Wants Working Families to Pay for His Corporate Handouts

According to the spin in the right-wing media, Wisconsin’s Republican Governor Scott Walker is standing up to public workers by pushing for hefty cuts to their compensation and stripping their collective bargaining rights. While this story fits nicely into the Right’s long war on organized labor, it is far removed from reality.

The state’s projected $137 million budget deficit was not a result of payments to public employees, but rather caused by Walker’s $140 million corporate welfare scheme.

The Madison based-newspaper The Cap Times reveals that the nonpartisan Legislative Fiscal Bureau “determined that the state will end the year with a balance of $121.4 million.” Rather than face fiscal catastrophe, Wisconsin was on the path to a balanced budget and even a surplus. But then “Walker and his allies pushed through $140 million in new spending for special-interest groups in January,” creating the fiscal “crisis.”

According to the group One Wisconsin Now, Walker’s budget schemes included:

• $25 million for an economic development fund for job creation that still has $73 million due to a lack of job creation. Walker is creating a $25 million hole which will not create or retain jobs.

• $48 million for private health savings accounts, which primarily benefit the wealthy. A study from the federal Governmental Accountability Office showed the average adjusted gross income of HSA participants was $139,000 and nearly half of HSA participants reported withdrawing nothing from their HSA, evidence that it is serving as a tax shelter for wealthy participants.

• $67 million for a tax shift plan, so ill-conceived that at best the benefit provided to ‘job creators’ would be less than a dollar a day per new job, and may be as little as 30 cents a day.”

In fact, Wisconsin public employees in the state are not “overpaid” as many Republicans claim. A study by the Economic Policy Institute found that “employees of both state and local governments in Wisconsin earn less than comparable private sector employees.”

The budget deficit is of Walker’s own making, and now he wants working families to pay for it.

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Women in Congress Speak Out on Attacks on Women's Health

Last night, as the House debated an amendment from Rep. Mike Pence that would strip Planned Parenthood of federal funding, some women in Congress responded with personal stories.

Rep. Jackie Speier of California revealed that she had had an abortion for a troubled preganancy, telling her anti-choice colleagues: "I lost the baby. And for you to stand on this floor and suggest that somehow this is a procedure that is either welcomed or done cavalierly or done without any thought, is preposterous":

And Rep. Gwen Moore of Wisconsin spoke of her own experience with unplanned preganancy and raising children in poverty. "The public policy has treated poor children and women who have not had the benefit of planned parenthood with utter contempt," she said:

Earlier this week, People For President Michael Keegan called efforts to strip funding from Planned Parenthood and similar organizations "a blatant attempt to play politics with women's health"

“This is a shameless attempt to stir up a Right Wing “culture war,” whatever the collateral damage-- in this case, critical healthcare for millions of low-income women. If the House GOP is really interested in preventing unintended pregnancies, it should embrace organizations that provide affordable contraception. If it’s interested in public health, it should be interested in helping women defend themselves against disease. If these bills become law, millions of American women will lose access to critical family planning and reproductive health services. This move is not fiscally responsible or socially responsible—it’s a blatant attempt to play politics with women’s health.”

 (h/t Huffington Post and RH Reality Check)

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The House GOP's Aboogaboogaboogabooga Constitution

For the past few decades, Republicans have aggressively and notoriously acted as if only they love the flag, only they appreciate families, only they are religious, and only they care about national defense. In the past couple of years, inspired by the Tea Party, they've added a new object to which they falsely lay sole claim: the United States Constitution.

Of course, for many of them, it's little more than a fetish. After all, the Republican Party's Constitution has long denied the right to abortion (and, in many cases, the right to privacy altogether), denied church-state separation, denied the right to vote, and denied equality under the law for LGBT people. The Tea Party's version of the Constitution is even more removed from the real thing, as analyzed in a recent PFAW report, Corporate Infusion: What the Tea Party's Really Serving America.

So it's no surprise that House Republicans' latest effort to lay claim to the Constitution – requiring bill sponsors to submit statements specifying the constitutional authority for their legislation – has turned out to be meaningless. As reported by Congressional Quarterly (subscription required):

During a Feb. 11 subcommittee markup on a bill (HR 358) offered by Joe Pitts, R-Pa., to prohibit federal funds from being used to pay for health insurance that covers abortion, New York Democrat Anthony Weiner offered a point of order against the legislation on grounds that its "statement of constitutional authority" does not point to any specific authority for Congress to take such action.

The bill's statement says: "The Protect Life Act would overturn an unconstitutional mandate regarding abortion in the Patient Protection and Affordable Care Act," last year's health care overhaul.

The markup soon became chaotic as lawmakers clashed for nearly an hour over whether the statement passed muster, and whether the Republicans were flouting their own rule. "The rules are the rules, and the Constitution is the Constitution," Weiner exclaimed.

Eventually, Energy and Commerce Chairman Fred Upton, R-Mich., consulted the Rules Committee, which in January issued a handy guide to complying with the new rule. The Rules Committee provided guidance on how statements of constitutional authority might be phrased, but said the only requirement is that a statement be submitted.

"The question of whether the statement is sufficient is a matter for debate and a factor that a member may consider when deciding whether to support the measure," Upton said.

The committee's top Democrat, Henry A. Waxman of California, called that “a mockery” of the rules. "The ruling is that it doesn't make any difference what you say,” he said. “You could say, 'Aboogaboogaboogabooga!' and that's enough to justify the constitutionality of the proposal."

The Constitution that established a careful separation of powers, an independent court system, freedom of speech, freedom of religion, the eradication of slavery, and equality for all is far too precious a document to become just a symbol in meaningless political posturing. Shame on the House Republicans.

PFAW

Dehumanizing Rhetoric, Inhumane Policy

The Arizona State Senate is considering a bill that would require hospitals to check whether patients are in the country legally, and contact federal authorities if they are not.

The bill is similar to Arizona's legislature’s attempt to require local police to check the immigration status of those they detain, even at routine traffic stops. The first bill—portions of which have been blocked by a federal court—threatened to make the state significantly more dangerous by removing all incentive for undocumented immigrants to cooperate with local law enforcement. But the hospitals bill might be, unbelievably, even more dangerous—it would prevent undocumented immigrants from seeking critical health care, driving them to either suffer without care or seek underground, and likely unsafe, treatment.

Right Wing Watch reported on two immigration panels at last week’s Conservative Political Action Committee—both were notable not only for their overtones of white supremacy, but for the dehumanizing language participants used to describe undocumented immigrants.

As we noted earlier this year in a report on right-wing immigration rhetoric, dehumanizing language is key to implementing inhumane policies. You know that that rhetoric has gone way too far when elected officials are proposing fixing the immigration system by preventing sick people from seeking safe and legal health care.
 

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