PEOPLE FOR BLOG

Haley Barbour's Whitewash of History

Mississippi governor and potential presidential candidate Haley Barbour is now trying to backtrack his previous support for the racist White Citizens Councils that existed in the state when he was young.

In a recent interview with the Weekly Standard, he made his feelings quite clear:

You heard of the Citizens Councils? Up north they think it was like the KKK. Where I come from it was an organization of town leaders. In Yazoo City they passed a resolution that said anybody who started a chapter of the Klan would get their ass run out of town. If you had a job, you'd lose it. If you had a store, they'd see nobody shopped there. We didn't have a problem with the Klan in Yazoo City.

Since not everyone in America is wholly ignorant of recent history, Barbour is being forced to backpedal, according to Talking Points Memo. Among other things, he now says:

My point was my town rejected the Ku Klux Klan, but nobody should construe that to mean I think the town leadership were saints, either.

Perhaps we are meant to think that the formation of the White Citizens Councils in the 1950s represented a principled rejection of the Klan. However, neither the timing nor the motivation rings true. As People For the American Way said in a 2003 report:

[I]t is worth noting that by 1967, "even the white establishment of Mississippi had begun to decide that Klan violence was bad for business." Clarence Page, "Fight Over Judges Replays Our Bitter History," Chicago Tribune (Feb. 13, 2002) (citing William Taylor, who at the time was Staff Director for the U.S. Civil Rights Commission).

Barbour’s desperate and unconvincing backtracking should not be the end of the story, because it is simply not credible that he was unaware of what the White Citizens Councils really were ... as if their name wasn’t already a giveaway.

While Barbour today likens them to just another "organization of town leaders," the Mississippi White Citizens Councils show up in contemporaneous federal court cases as anything but a Rotary Club.

For instance, in 1964, a federal district court noted the then-recent formation of the Mississippi White Citizens Councils, including its first priority, in United States v. Mississippi:

In 1954, after the Supreme Court had declared state operation of racially segregated schools unconstitutional, white citizens councils -- not parties to this action -- were formed in Mississippi. The purpose of these organizations was the maintenance of racial segregation and white supremacy in Mississippi. The first statewide project undertaken by these organizations was the attempt to induce the white voters of Mississippi to adopt the proposed amendment to Section 244 of the Mississippi Constitution of 1890.

They succeeded, thereby introducing the literacy and civics tests that government officials subsequently used to keep African Americans disenfranchised.

Four years later, in 1968, their racist mission and funding were said to be common knowledge by the United States Court of Appeals for the Second Circuit in Adickes v. S. H. Kress & Co:

It appears to be common knowledge that, in addition to its own activities promoting segregation, the Mississippi State Sovereignty Commission, an agency created in 1956 and financed by state tax revenues, used a part of its funds to finance some of the activities of various groups, including the White Citizens Council, which promote adherence to the ancient custom of proscribing the mixing of the races in places of public assembly; and that these groups, especially the White Citizens Council, use economic and social power to pressure those who might attempt to disregard custom into adhering to custom. See, generally, J. Silver, Mississippi: The Closed Society, 8, 32, 39-40, 42, 43, 65, 79, 94, 97, 110, 133, 151, 217 (1964).

People For the American Way discussed this key funder of the White Citizens Councils in a 2002 report:

The Sovereignty Commission, a state-funded agency, was created not long after the decision in Brown v. Board of Education in order to resist desegregation, and was empowered to act as necessary to protect the "sovereignty" of the state of Mississippi from the federal government. The Commission infiltrated and spied on civil rights and labor organizations and reported on their activities. It compiled dossiers on civil rights activists and used the information to obstruct their activities. The Commission existed until 1977, when the state legislature voted to abolish it and to seal its records for 50 years.

The White Citizens Councils were a dark stain on the history of our nation. No responsible officeholder - or office seeker - can think otherwise. Had Governor Barbour stated that he did not recognize that at the time because he was a product of the environment he grew up in, it might be believable. But his defense of the White Citizens Council coupled with his unconvincing backpedaling suggests that he still doesn’t understand how repugnant the South’s Jim Crow system really was.

PFAW

White House staff: It gets better

In recent months I’ve written about various contributions to the It Gets Better Project. Dan and Terry. Ellen DeGeneres. President Obama. Secretary Clinton. Civil Rights Division at the Department of Justice. Yesterday brought a video from White House staff members.

The video’s release notes:

Inspired by President Obama’s It Gets Better video, several LGBT White House staffers decided to add their voices to the project. President Obama has more LGBT appointees than any previous administration and he is committed to making his administration reflect the diversity of our nation.

I also just came across a page that collects It Gets Better videos produced by the Obama Administration. Some I’d seen. Some I hadn’t. Check it out!

PFAW agrees that every student, LGBT or not, has the right to be educated in the same way. Click here for more information.

PFAW

NY Times Analyzes the Corporate Court

As the latest example of the evolving media narrative of the Roberts Court, Sunday's New York Times had an extensive article accurately titled "Justices Offer Receptive Ear to Business Interests." The Times article discusses the successful long-term efforts of the U.S. Chamber of Commerce to get the Court to focus on the rights of Big Business, which come at the cost of the rights of consumers, workers, governments elected by the people, and anyone else who tries to hold corporate giants accountable.

Almost 40 years ago, a Virginia lawyer named Lewis F. Powell Jr. warned that the nation's free enterprise system was under attack. He urged the U.S. Chamber of Commerce to assemble "a highly competent staff of lawyers" and retain outside counsel "of national standing and reputation" to appear before the Supreme Court and advance the interests of American business.

"Under our constitutional system, especially with an activist-minded Supreme Court," he wrote, "the judiciary may be the most important instrument for social, economic and political change."

Mr. Powell ... got his wish - and never more so than with the court led by Chief Justice John G. Roberts Jr.

The Roberts Court's favoritism toward Big Business has become so blatant as to prompt the Times to commission an in-depth study analyzing Supreme Court cases going back more than half a century. The article finds that:

The Roberts court, which has completed five terms, ruled for business interests 61 percent of the time, compared with 46 percent in the last five years of the court led by Chief Justice William H. Rehnquist, who died in 2005, and 42 percent by all courts since 1953. ...

In the first five terms of the Roberts court, the corresponding bloc of five more conservative justices voted for the [U.S. Chamber of Commerce's] position 74 percent of the time, and the four more liberal justices 43 percent of the time.

Unfortunately, the "social, economic, and political change" the U.S. Chamber is so actively working for involves snuffing out the rights of everyday Americans. As made clear from the amicus briefs it has filed this term, the Chamber's values include letting businesses fire family members of any employee who dares assert their rights, devastating state-level consumer protections against fraud, and severely restricting states' ability to take action against corporations' dangerous pollutants. Last term, the Chamber supported the activist Citizens United decision, which has had devastating consequences for American democracy and generated unusual criticism from former Justices O'Connor and Stevens.

When activist pro-business Justices regularly give a sympathetic ear to a national Chamber of Commerce that is hostile to basic American values, the resulting tilt in favor of Big Business is not good for our country.

PFAW

Scalia Asked to Withdraw from Speaking to Bachmann’s Far-Right Caucus

As first reported by Right Wing Watch, Justice Antonin Scalia is set to lecture about the Constitution for the opening class of Rep. Michele Bachmann’s new Constitutional Conservative Caucus. Bachmann, a favorite of Tea Party and Religious Right groups alike, hopes to promote to her peers her far-right and fringe perspective on the Constitution. For example, Bachmann bizarrely rejects the notion of “negative rights” as “infantilism,” even though negative rights are the basis of constitutionally protected non-interference, such as freedom of speech or the freedom from slavery.

But for Bachmann’s Tea Party-inspired caucus, the language and spirit of the Constitution is altered and manipulated to fit their ultraconservative outlook on the country.

On Saturday, the New York Times called on Justice Scalia to bow out from his class for Bachmann’s group in order to maintain the independence of the Supreme Court and to avoid lending credence to the Tea Party’s radical approach to the Constitution:

The Tea Party epitomizes the kind of organization no justice should speak to — left, right or center — in the kind of seminar that has been described in the press. It has a well-known and extreme point of view about the Constitution and about cases and issues that will be decided by the Supreme Court.

By meeting behind closed doors, as is planned, and by presiding over a seminar, implying give and take, the justice would give the impression that he was joining the throng — confirming his new moniker as the “Justice from the Tea Party.” The ideological nature of the group and the seminar would eclipse the justice’s independence and leave him looking rash and biased.

There is nothing like the Tea Party on the left, but if there were and one of the more liberal justices accepted a similar invitation from it, that would be just as bad. This is not about who appointed the justice or which way the justice votes. Independence and the perception of being independent are essential for every justice.



By presiding over this seminar, Justice Scalia would provide strong reasons to doubt his impartiality when he ruled later on any topic discussed there. He can best convey his commitment to the importance of his independence, and the court’s, by deciding it would be best not to attend.

Just as Bachmann’s caucus won’t include balanced perspectives on the Constitution, there is nothing apolitical about Bachmann’s caucus either. Other lecturers for Bachmann’s group include right wing Fox News commentators Sean Hannity and Andrew Napolitano. She is also organizing a lecture by pseudo-historian David Barton, a Republican Party activist who has no training or expertise in history but publicizes the belief that the Framers intended to create a Constitution that reflected Biblical law.

Bachmann recently floated conspiracy theories about the Census and AmeriCorps, which she likened to reeducation camps, and demanded investigations of “people in Congress and find out, are they pro-America or anti-America?” But with increased influence in the House GOP and help from Justice Scalia, Bachmann and her radical ideas will have more power as Republicans hold the majority in the House next session.

PFAW

Progress in Maryland Voter Suppression Investigation

There has been a development in investigating one of the Election Day efforts to suppress the Democratic vote.

On Election Day, Maryland Democrats received telephone calls late on Election Day telling them that Democratic Governor Martin O'Malley had won reelection, so they could "relax" (i.e., not vote). It was soon discovered that the calls were generated by an operative working for the campaign of O'Malley's Republican opponent, former Governor Bob Ehrlich.

On Friday, state police raided that operative's home. According to the Baltimore Sun:

Investigators for the state prosecutor on Friday raided the home and office of Julius Henson, the political operative who ordered the controversial Election Day robocalls for former Gov. Robert L. Ehrlich. ...

Henson, a Democratic operative who was working this year for the Republican Ehrlich, ordered more than 112,000 robocalls before the polls closed on Election Day last month.

The calls focused on Democratic precincts in Baltimore and Prince George's County. The recorded message featured a female voice suggesting that Democratic Gov. Martin O'Malley had already won the election and encouraging supporters to stay home. ...

Ehrlich, who paid Henson $111,000 for "community outreach," told the Annapolis Capital last week that the calls were "done outside of my purview." When news of the calls broke on Election Night, an Ehrlich spokesman called them "absolutely irresponsible."

Maryland Attorney General Douglas F. Gansler has filed a civil lawsuit against Henson, alleging voter intimidation and vote suppression.

By the way, the effort to suppress the Democratic vote failed. Not only did Governor O'Malley win reelection by 14 points (double the margin over the same opponent in 2006), but Democrats gained seats in the state senate.

PFAW

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