PEOPLE FOR BLOG

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

Chamber of Commerce Targets Workers' Families

Miriam Regalado and her fiancé Eric Thompson both worked at North American Stainless. In 2003, after Regalado filed a sex discrimination complaint against the company, it fired her fiancé, Thompson, in retaliation. The Supreme Court is now considering whether Title VII gives Thompson the right to sue the company. While the parties disagree on whether Thompson can sue, they agree that Regalado, the one who was being retaliated against, could sue the company for firing her fiancé.

As noted in a previous blog post, the U.S. Chamber of Commerce filed an amicus brief taking a far more extreme position: There was no unlawful retaliation in the first place, because the company never altered the working conditions of the woman who filed the initial complaint. A company is completely within its rights to intimidate its workers by firing the family members of anyone who dares assert their rights under Title VII.

Unfortunately, it turns out that the Chamber is not alone. SCOTUSBlog reports that during oral arguments, Justice Scalia actually chided the company's attorney for acknowledging that a company can't retaliate against an employee for exercising her Title VII rights by firing her fiancé.

Congress specifically wrote a prohibition against retaliation into Title VII to ensure that workers would not be bullied or threatened into surrendering the rights guaranteed by that law. Congress recognized that without this protection, the rest of the statute would be meaningless. The Supreme Court has previously made clear that the primary purpose of the anti-retaliation provision is "[m]aintaining unfettered access to statutory remedial mechanisms."

Perhaps for as long as there have been families, bullies ranging from neighborhood thugs to totalitarian dictators have used the threat of retaliation against loved ones to keep people cowering in fear, afraid to exercise their basic rights. It is hard to imagine a more effective method of neutering Title VII - and keeping American workers too intimidated to exercise their rights.

It is equally hard to imagine that this is not exactly the sort of retaliation that Congress set out to prevent.

No respectable person should support a company's right to keep its workers too terrified to complain when they are illegally discriminated against. Yet that is the position of the corporate titans who run the U.S. Chamber of Commerce. This should give local Chambers another reason to separate themselves from the national organization.

PFAW

Justice Department, Civil Rights Division: 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. Today brought a video from the Civil Rights Division at the Department of Justice.

As you can see:

The Civil Rights Division, and the entire Justice Department, is committed to ending bullying and harassment in schools, and the video highlights the Department’s authority to enforce federal laws that protect students from discrimination and harassment at school because of their race, national origin, disability, religion, and sex, including harassment based on nonconformity with gender stereotypes. The video also features Division employees who share their individual stories and personal messages that a better future awaits youth who may be experiencing bullying or harassment.

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

PFAW

Congress Moves Closer to Passage of DREAM Act

Yesterday, in a 216-198 vote, the House passed the DREAM Act, a measure that lays out a path to citizenship for young adults who were brought to the United States illegally as children, and who graduate from high school with the commitment to attend college or join the military. Today, the Senate took a procedural vote that temporarily delayed action on the measure in order to build more support for its consideration in the coming week.

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

Until the DREAM Act becomes law, tens of thousands of young Americans will continue to be treated as criminals in the only homes they know. The Senate must follow the House’s example and work quickly to eliminate what is a fundamental injustice in American law. We support Senator Reid’s efforts to gather enough votes to pass DREAM, and urge fair-minded senators to throw aside divisive anti-immigrant politics and act with common sense and compassion.

Calls are still needed to the Senate: 866-996-5161. Here are some talking points from the National Immigration Forum.

Why should your Senators support the DREAM Act?

•    Because the public supports it—70%, according to a recent poll by First Focus.

•    Because the military wants it.  Secretary of Defense Bill Gates recently wrote a letter to the DREAM Act’s sponsor in the Senate in support of the DREAM Act.  Retired Gen. Colin Powell has also spoken publicly in favor of the DREAM Act.  The DREAM Act will help the military meet recruitment goals, because one of the ways students will qualify is to serve in the military.

•    Because taxpayers deserve a return on their investment.  Allowing immigrant students to continue their education and achieve their potential will translate into better jobs and higher tax revenue when these promising young people enter the workforce.  A single-minded focus on enforcement, as proposed by anti-immigrant Members of Congress would deny taxpayers this return on investment, and result in higher deficits, cuts in other programs, or higher taxes to pay to deport these immigrant youth.

Also from the National Immigration Forum, the story behind today’s Senate action.

The Senate vote on a motion to table the DREAM cloture vote, which took place moments ago, reflected a strategic decision to buy time to build more support for the DREAM Act.

If you were watching the vote or saw a headline about it, you may have been puzzled as to why Senate Leader Reid made a motion to table his own cloture motion, and why so many Democrats voted for it.  Why did this happen?

It’s complicated.  Republicans have vowed to block every bill in the Senate until the issues of tax cuts and funding of the government for the current fiscal year are resolved.  Democratic leadership decided they would push back the DREAM vote until these other issues are resolved.  Once the tax cuts and government funding are dealt with, Republicans will not be able to use them as excuses to oppose the DREAM Act.

However: Senator Reid needed “Unanimous Consent” to withdraw his cloture motion and push back the vote.  He did not get it, forcing him to offer a motion to table the cloture vote. 

Procedural trick: By tabling the cloture vote, Democrats will be able to bring the DREAM Act up again in the coming days when the other issues have been resolved.

Bottom line: Our allies in the Senate know that DREAM supporters have momentum coming out of the House victory yesterday.  They want to take the additional time, remove excuses now being made by Republicans, and cultivate more support for DREAM in the Senate.

A real vote on DREAM in the Senate will be scheduled later.  Please continue to contact your Senators and tell them to support the Dream Act.

Here again is the phone number you can call to be patched through to your Senators offices: 866-996-5161.

We will keep you posted as more information becomes available on the schedule for a Senate vote on the DREAM Act.
PFAW

Evolving Media Narrative of the Roberts Court

More and more Americans have noticed the Roberts Court's habit of twisting the law in order to benefit powerful corporations over the rights of individuals. As recently as a year ago, the national dialogue on the Court rarely touched on this issue. But last January's Citizens United decision was so outrageous that it made people see both the Court's previous decisions and its current work through a new lens. Evolving press coverage reflects the changing paradigm in how Americans view the Supreme Court.

For instance, earlier this week, the Supreme Court announced that it had agreed to hear a case of sex discrimination against Wal-Mart and a separate case involving global climate change. Press coverage recognized the common factor in the Court's decisions to hear these very different and unrelated cases.

The Los Angeles Times wrote:

The Supreme Court announced Monday it will hear two major appeals from corporate America that seek to block mass lawsuits, one involving a huge sex bias claim against Walmart and the other a massive environmental suit that seeks to hold coal-fired power plants liable for causing global warming.

In both cases, the justices agreed to consider stopping these suits before they can move toward a trial.

Monday's move is only the latest sign that the Roberts Court is inclined to rein in big-money lawsuits against business. The conservative justices have been particularly skeptical of sprawling suits that could run on for years and lead to enormous verdicts.

Under a headline reading "Two Supreme Court Cases to Test Corporate Interests," the Washington Post reported:

The Supreme Court on Monday agreed to hear two major challenges brought by corporate interests, ...

In both cases, corporations are challenging decisions by federal appeals courts that the suits can go forward. They come before a court that traditionally has been sympathetic to business interests, but is sensitive about recent criticism from the left that it favors corporations over consumer and environmental groups.

Time wrote:

Two federal courts have ruled that their suit can proceed as a class action on behalf of between 500,000 and 1.5 million women, but on Monday the Supreme Court announced it would review that decision. It looks suspiciously like another case in which the court's conservative majority will twist a procedural rule to prevent victims of discrimination from getting a fair chance at justice

As Jeffrey Toobin observed in the New Yorker this week:

This is the rule in the current Supreme Court. If there is a human being on one side of the "v." and a corporation on the other, the corporation wins.

The Roberts Court is learning that if you look like a duck, walk like a duck, and quack like a duck for long enough, people will eventually realize that you are, indeed, a duck.

PFAW