PEOPLE FOR BLOG

Did Mitt Romney Break the Law with Contradictory Reports on Bain?

Back in July, the Boston Globe reported that Mitt Romney, who has repeatedly stated he left his job at Bain Capital in 1999, was listed on the company’s tax filings as its CEO through 2002. Romney’s campaign later, and confusingly, stated that he had retired “retroactively” from the firm.

The discrepancy wasn’t just about a footnote in Romney’s resume. It was critical to the whole story Romney had been telling about himself, since he had denied involvement in some of the firms more questionable practices during the three years in question.

Now, the Globe reports, MoveOn.org is asking the Justice Department to investigate whether Romney broke the law when he stated on a 2011 campaign ethics filing that his involvement with Bain ended in 1999:

WASHINGTON — A Democratic group supporting President Obama’s reelection has asked the Department of Justice to investigate whether Republican Mitt Romney violated federal law by stating on a 2011 ethics filing that he was not involved with Bain Capital operations “in any way’’ after 1999.
The Globe, citing numerous Securities and Exchange Commission filings, reported in July that Romney continued to serve as chief executive and chairman of Bain Capital, as well as the principal in a number of Bain-related entities, until as late as 2002.

The organization MoveOn.org Political Action, a liberal group, seized on those discrepancies in a letter dated Thursday to the Justice Department’s Public Integrity Section. The group, citing its own review of the public records, contends that Romney may have violated the False Statements Act by lying on his 2011 federal financial disclosure statement.

In the 2011 disclosure, which Romney was required to submit as a presidential candidate, the former Massachusetts governor stated that he “has not been involved in the operations of any Bain Capital entity in any way’’ since Feb. 11, 1999. MoveOn.org contends that appears to be false.

“There is substantial evidence that Governor Romney was in fact involved with the operations of Bain Capital after that date,’’ MoveOn.org said in its letter to the Justice Department. In a press release, the group asserts there is “substantial evidence that Mitt Romney may have committed a felony.’’

PFAW

Toobin Asks Candidates to 'Take a Stand' on Supreme Court. They Already Have.

On CNN’s website today, legal analyst Jeffrey Toobin laments out how small a role the Supreme Court has played in the presidential election so far. He writes:

With a little more than a month to go, it's not too late to ask the candidates to take a stand on their plans for the court. The president has already had two appointments, and he named Sonia Sotomayor and Elena Kagan. But what does Obama, a former law professor, think about the court? Does he believe in a "living" Constitution, whose meaning evolves over time? Or does he believe, like Justices Scalia and Thomas, that the meaning of the document was fixed when it was ratified, in the 18th century.

By the same token, what kind of justices would Romney appoint? Who are his judicial role models? Romney has praised Chief Justice John Roberts, but is the candidate still a fan even after the chief voted to uphold the ACA?

No one is asking these questions. But there are few more important things to know about our current and future presidents.

Toobin is absolutely right that the candidates’ plans for the Supreme Court deserve a lot more air time than they’re getting. But he’s wrong to suggest that we know nothing about what President Obama and Governor Romney have in mind for the Court.

President Obama has already picked two Supreme Court justices. Both, Sonia Sotomayor and Elena Kagan, have been strong moderates, balancing out the retro extremism of Justices Scalia and Thomas. When female Wal-Mart employees wanted to band together to sue their employer for pay discrimination, Sotomayor and Kagan stood on the side of the women’s rights, while Scalia and Thomas twisted the law to side with the corporation. When Justices Thomas and Scalia ruled that a woman harmed by a generic drug couldn’t sue the drug’s manufacturer in state court, Justices Sotomayor and Kagan stood up for the rights of the consumer.

Mitt Romney obviously hasn’t had a chance to pick a Supreme Court justice yet, but he’s given us a pretty good idea of who he would choose if given the opportunity. On his website, Romney promises to “nominate judges in the mold of Chief Justice Roberts and Justices Scalia, Thomas, and Alito.” After the Supreme Court’s ruling in the health care reform case, Romney announced he had changed his mind about Roberts, who declined to destroy the law while still writing a stunningly retrogressive opinion redefining the Commerce Clause.

And, of course, Romney sent a clear signal to his conservative base when he tapped Robert Bork to advise him on legal and judicial issues. Bork’s record, and what he signals about Romney’s position on the Supreme Court, is chilling:

Romney’s indicated that he would want the Supreme Court to overturn Roe v. Wade. He’s even attacked the premise of Griswold v. Connecticut, the decision that prohibited states from outlawing birth control by establishing a right to privacy.

Yes, the candidates should be made to answer more questions about their plans for the Supreme Court and the lower federal courts. But there’s a lot that we already know.

(For more, check out PFAW’s website RomneyCourt.com.)

PFAW

Lobbyists now using super PACs to ‘twist the arms’ of lawmakers

The Citizens United decision brought about the rise of super PACs, and empowered 501(c)(4) public advocacy groups and 501(c)(6) trade associations to participate in (at times secretly-funded) electoral advocacy. The resulting influx of money into the election cycle has considerably altered the political landscape – and D.C. lobbyists have taken note.

As reported by Dave Levinthal at POLITICO, interest groups are utilizing super PACs to ‘twist arms.’

So for some issue interest groups, super PACs are a potentially major complement to — if not upgrade over — traditional, Capitol Hill lobbying in their ability to bring heat on lawmakers and twist their arms toward their agendas.

“If you’re a lobbyist, you’re talking with a legislator and mention you’re forming a super PAC, their ears are really going to perk up just because you said the words ‘super PAC,’” said Shana Glickfield, a partner at public affairs firm Beekeeper Group. “It’s such a big, scary thing — and can give you an extra edge of influence.”

One of the first powerful lobbying firms to create a super PAC for additional influence was the National Association of Realtors, which has since rewarded lawmakers friendly to their agenda with hundreds of thousands of dollars in advertisements and air cover. A host of other lobbying groups have done so as well.

As People For noted in our written testimony for the Senate Constitution Subcommittee hearing this past July on the need for constitutional remedies to overturn Citizens United, the power of super PACs is twofold. Not only can special interest groups now spend freely on elections to promote their policy agenda, they can threaten to spend freely, effectively achieving the same result.

Of course, to accomplish its goals, a corporation need not actually spend such sums in every race they are interested in. Far from it. Especially for offices or in areas where electoral races are generally not overwhelmingly expensive – in other words, for most state and local legislative and judicial elections throughout the United States – the implied threat to spend large expenditures against elected officials could easily be enough to “persuade” them to take the “right” position. Conversely, the promise of an enormous windfall in supportive corporate independent expenditures could have an equally persuasive effect.

Such corruption leaves no evidence: no paper trail, no recordings, no ads. But it poisons our nation’s democracy.

Do D.C. lobbyists really need more tools in their arsenal to effectively ‘twist arms’? Are Sacramento lobbyists, Albany lobbyists, Tallahassee lobbyists or any other state-based lobbyists in desperate need of influence?

The obvious answer is no. Yet in the post-Citizens United world, the game is rigged, and those with power only accrue more of it. The people, meanwhile, are left with less and less of a say in government. It’s no wonder the Democratic Party, President Obama, nearly 2,000 public officials, seven state legislatures and over 300 cities/towns, and 1.98 million Americans are in support of a constitutional amendment that would overturn the Citizens United decision.

PFAW

Issue #267,233 Romney Doesn't Get: Education

Mitt Romney took the stage at NBC's Education Nation to double down on his ridiculous past remarks that class size is "irrelevant" and "didn't make a difference." In light of Romney's remarks, American Bridge 21st Century launched ClassSizeMatters.com, featuring a great video and research revealing Romney's disastrous record on education.

From ClassSizeMatters.com:

Mitt Romney has said that "the effort to reduce classroom size may actually hurt education more than it helps." As governor, he proposed cutting $18 million in funding for class size reduction in Massachusetts. Yet when it came time to choose a school for his children, the Romneys chose an elite private school with an average class size of eleven students.

Mitt Romney wants small class sizes for his family -- but not for yours.

Learn more at http://classsizematters.com/learn-more/

 

PFAW

Election Coverage that Includes the Supreme Court

If you care about the policies that the presidential election winner will enact over the next four years, then surely you should care about the policies his Supreme Court justices will lock in for a generation. People For the American Way's Romney Court campaign has been making sure that voters know that if Romney wins in November, the Supreme Court he would shape would regularly bend the law to unfairly favor powerful corporations over individuals, with a devastating impact on our basic rights for decades to come.

More and more Americans are recognizing the importance of the Court as an issue in November. While the broadcast network evening news shows don't cover this issue much, other media sources are addressing it. For instance, under the headline "Why It Matters: One New Justice Could Change a Lot," the Associated Press writes:

With four justices in their seventies, odds are good that whoever is elected president in November will have a chance to fill at least one Supreme Court seat. The next justice could dramatically alter the direction of a court closely divided between conservatives and liberals. One new face on the bench could mean a sea change in how millions get health care, shape the rights of gay Americans and much more.

In "Election Likely To Tip Supreme Court Balance," the Hartford Courant writes:

As the country enters the home stretch for the 2012 presidential campaign, it is critical that voters focus on the impact of the election on the federal courts. We have some serious problems on our hands that should be part of the political conversation that will be in high gear from now until Election Day. First, the U.S. Supreme Court has fallen into a kind of stalemate, with many important cases turning on one-vote margins. ...

We've also seen reporting from:

Certainly Mitt Romney's supporters are showing that they are well aware of the stakes:

The presidential term lasts four years, but the justices nominated by November's winner could shape our country for closer to 40 years. That's worth talking about.

PFAW

Romney Says Teachers’ Unions Shouldn’t Be Able to Contribute to Campaigns, But Corporations OK

Stumping in Iowa last year, Mitt Romney famously defended the Supreme Court’s Citizens United decision, declaring, “Corporations are people, my friend.”

But it turns out there’s one group that Romney thinks should be prohibited from spending money to influence elections: teachers’ unions. Speaking at a forum in New York, Romney expressed his wish for one specific campaign finance restriction:

The bigger problem, Romney said, is that "the person sitting across the table from them should not have received the largest campaign contribution from the teachers union themselves ... [It's] an extraordinary conflict of interest and something that should be addressed."

He later added that "we simply can't have" elected officials who have received large contributions from teachers sitting across from them at the bargaining table "supposedly" to represent the interests of children. "I think it's a mistake," Romney said. "I think we have to get the money out of the teachers unions going into campaigns. It's the wrong way for us to go. We've got to separate that."

Romney’s absolutely right that large campaign contributions and expenditures can improperly influence elected officials. But if he’s going to apply that standard to teachers, he needs to apply it to corporations as well.

Share this image on Facebook:

PFAW

New PFAW Ad in Ohio

With just 41 days left to go before the election, People For the American Way is launching a new ad in Ohio to make sure that voters understand the dangerous impact of a Supreme Court appointed by Mitt Romney.

We’ll be using every single day between now and November 6th to make sure that Americans know how Mitt Romney’s agenda for the Supreme Court will affect their lives.

PFAW

An Elderly Woman Grapples with Pennsylvania’s Voter ID Law

In March, Pennsylvania’s governor signed one of the most restrictive voter ID laws in the country. One study estimated that the law could impose extra burdens on 700,000 Pennsylvania voters, disproportionately affecting the poor, minorities, students and the elderly.

Andrew Cohen at The Atlantic writes today about one Pennsylvanian in her 80s who is struggling to keep her right to vote, sixty years after casting her first vote for Adlai Stevenson. Cohen quotes a letter that Robin Kane wrote to the voter ID law’s sponsor about her efforts to help her elderly mother, Jaqueline, register to vote in Pennsylvania:

For the past two weeks, my sister and I have been trying to help my mother gather the appropriate documents to get the newly required photo ID. The education campaign had inaccurate information and the rules keep shifting, making it difficult for me to understand and it would have been impossible for my elderly mother to do this without assistance.

First, VotesPA and PennDOT websites said she would need to get a non-driver's photo license. To do so, she would need her social security card; an original birth certificate with a raised seal; two proofs of residency; an application; and an oath that she had no other form of ID. My sister and mother spent two days looking for her birth certificate from 1930. They found my dead grandmother's birth certificate, plus ration cards from World War II, and lots of documents of my father's service during that war. But not her birth certificate.

I returned to the websites to learn that even without a birth certificate, she might be able to get the photo ID if the state Department of Health could confirm her birth. However, my mother was born in NY, not Pennsylvania. So, it turned out, this solution didn't apply to her. Instead, I was directed to seek a new birth certificate from the state of New York. Just when I thought we couldn't possibly get this done in time for her to vote, I learned that there is a new option for people exactly like my mom: the new, Department of State photo id for voting.

It still requires her to have her a social security card or number (which we found); proof of residency; an application; and an oath. And it still requires that my 82-year-old mother will travel by bus to a PennDOT office and hope that she has the stamina to wait in multiple lines to complete the process to get a photo ID that she needs for only this one purpose, ever. But she is determined to do so, if she is able. And she will vote against anyone who sided with you in this effort to suppress legitimate votes.

Cohen writes:

What this really means is that Jacqueline Kane is one of the lucky ones. She has a family that has the means to be able to help her in this fashion. But think of all the other elderly people out there, who won't have a health aid with them, or who don't have access to a bus, or who don't live in elder-care facilities where such opportunities exist. Those people aren't lazy, either. And yet they clearly face disenfranchisement if this law is permitted to stay in effect.

While Kane and countless others in Pennsylvania struggle to meet the voter ID requirement before election day, it’s still unclear whether the law will take effect in November. The Pennsylvania Supreme Court recently returned a challenge to the law to a lower court, ordering the lower court to halt the law if it’s not convinced the voter ID requirements won’t disenfranchise anybody.

PFAW

Experts Discuss the Politics of Voter Suppression

The right to vote is the most fundamental cornerstone of a functioning democracy. Yet right-wing  governors, legislators, and election officials around the country have been working to make it harder for Americans to exercise that right, through voter ID laws, restrictions on voter registration, cutting back opportunities for early voting, and other suppressive measures.
 
On Wednesday, the AFL-CIO held a panel discussion with three voting rights experts, who discussed the impediments many voters face and proposed ways to boost voter participation as we approach the November elections. The conversation was moderated by AFL-CIO executive vice-president Arlene Holt Baker, and the three panelists included Tova Andrea Wang, writer of the recently published book The Politics of Voter Suppression: Defending and Expanding America’s Right to Vote, Clarissa Martinez of the National Council of La Raza, and Carmen Berkley of Generational Alliance.
 
Discussing the GOP’s assault on voting rights, Tova Andrea Wang read this statement from a legislator: “I don't have a problem making [voting] harder. I want people in Florida to want to vote as bad as that person in Africa who walks 200 miles across the desert. This should be something you do with a passion.” Wang then asked the audience to guess what era they believed this assertion was made in. Most estimated the late 1800s. The audience was incorrect—the statement was made in 2012, by Florida Republican State Senator Michael Bennett. Wang further explained that parties have been manipulating election practices for almost 150 years, and politicians continue to repackage the same voter suppression tactics to fit the current times. Over the course of history, forces have repeatedly tried to block voters. But in the past couple of years, we have seen these forces re-emerge with particular ferocity, as more and more states attempt to introduce voter identification laws and implement other voter suppression tactics.
 
Wang alluded to restrictions on early voting in Florida and Ohio and the illegal purging of voter registration lists as massive hindrances to voter participation.  According to the NAACP, in Florida, more than 32 percent of those who voted early on the last Sunday before Election Day were African American, and nearly 24 percent were Latino. Many African-American churches in Florida and Ohio organize citizens to vote on the Sunday before the election, and by eliminating this possibility, states are making it harder for minorities to cast their ballot. Wang also mentioned how Florida's Gov. Rick Scott’s staff combed through the information of 80,000 registered voters to find out who was not an American citizen, and thereby ineligible to vote. Scott found only one individual on the list who was not an American citizen—more evidence that voter fraud is virtually nonexistent. 
 
Wang accentuated the importance of early registration and same-day registration as ways to increase participation. She stated that when North Carolina used early voting and same-day registration in the 2008 election, participation in the African-American community skyrocketed from 59% in 2004 to 72% in 2008.
 
Clarissa Martinez and Carmen Barkley continued the discussion, touching upon the barriers that Latino voters and young voters face. Martinez emphasized the need to combat suppression tactics and ensure that Latino communities are not confused with the election process. She advocated for the criminalization of deceptive practices and misinformation, which affect Latinos and recently naturalized citizens who may be unsure of how to navigate the voting process. Berkley, a campaigner for young people’s voting rights, stressed that since there are 46 million people under 29 who are eligible to vote this election, it is crucial to raise awareness and educate young people about the voting process. Many young people do not have a government issued ID or do not know the last four digits of their Social Security number, making them unqualified to vote in some states. Berkley stated that it is vital that we inform first-time voters in high school by using social media and creating online voter guides.
 
All panelists emphasized that we cannot let our legislators continue to cherry-pick who can vote by implementing suppressive laws that have proven to affect minorities and young people—a liberal-leaning demographic. The right to vote needs to be preserved, not stifled.

 

PFAW

Pittsburgh Voters Meet Romney’s Scalia-filled Supreme Court

Mitt Romney’s Scalia-filled Supreme Court took to the streets again this week, this time in Pittsburgh, Pennsylvania. Following a successful Romney Court event in Columbus, Ohio, the Romney Court campaign, led in PA by People For the American Way’s Jodi Hirsh, revealed its Scalia-filled Supreme Court in Market Square to inform voters about the dangers of having Mitt Romney nominate Supreme Court justices for lifetime terms. 

PFAW

More Court Vacancies, More GOP Obstruction

During the last presidential election year, Senate Democrats and Republicans cooperated to confirm 10 district court nominees in one day, all by unanimous consent, and all just one day after they were approved by the Judiciary Committee. This year, since the president is Barack Obama rather than George W. Bush, Senate Republicans are sabotaging efforts to confirm 17 district court nominees before leaving town until after the election.

Almost all of the 17 had overwhelming bipartisan support in the Judiciary Committee and are strongly supported by both home-state senators, Democratic and Republicans alike. And all have been waiting somewhat more than a single day to get a yes-or-no vote: None has been delayed for less than seven weeks; seven have been waiting since June or earlier; and three have even been waiting since April.  Earlier this afternoon, when Majority Leader Reid sought unanimous consent to confirm the 17 nominees, Minority Leader McConnell refused.

This morning, the Administrative Office of U.S. Courts announced that the vacancy crisis in two of the nominees' districts has unexpectedly gotten even worse. In the Northern District of Illinois, a fourth vacancy has opened up, making the need to immediately confirm nominee Thomas Durkin even greater. The ABA has given Durkin its highest rating of “well qualified,” he is supported by both Sens. Durbin and Kirk, and the workload in that court has gotten so overwhelming that the vacancy has been formally designated a judicial emergency.

In California, one of the judges in the Southern District announced that she will be taking senior status early next year. This is the same district where Latino nominee Gonzalo Curiel would fill an emergency vacancy, if only Republicans would allow a vote. Like Durkin in Illinois, Curiel received overwhelming bipartisan support from the Judiciary Committee, and his qualifications are not in doubt. Yet his nomination has been languishing on the Senate floor since April, simply because Republicans want to obstruct President Obama's nominees.

To fully exercise our rights as Americans, we deserve a fully functioning federal court system. Perhaps Senate Republicans consider that mooching off government, echoing the worldview of their presidential nominee Mitt Romney, and want to put a stop to it. They're certainly acting like it.

PFAW

Mitt Romney’s Scalia-filled Supreme Court visits Columbus, Ohio

Twenty-six years ago this week, back in 1986, Antonin Scalia was confirmed to a lifetime seat on the United States Supreme Court, where he has since done great damage to the rights of ordinary Americans. Since Mitt Romney points to Scalia as the type of Justice he would nominate, a group of PFAW activists in Ohio took this week’s anniversary as an opportunity to reach out to voters and let them know what would be in store for them under a Romney Court.

Seth Bringman of People For’s Romney Court Campaign turned Romney’s dream into a reality; or more accurately, the nightmare that it would be for the American people.

 

Romney’s commitment to appoint justices like Antonin Scalia would have devastating consequences if Romney were elected president. Every law that the states and Congress pass can end up before Supreme Court; who sits on the bench has lasting importance not only for today, but for generations to come. In the words of President (and later Chief Justice) William Howard Taft, “Presidents come and go, but the Supreme Court goes on forever.”

Here are a few highlights of Scalia’s legacy (and thus also the legacy of the president, Ronald Reagan, who nominated him more than a quarter century ago):

▶ Scalia has said that Roe v. Wade does not make any sense and that a woman’s right to choose is not a liberty protected by the Constitution.

▶ Scalia says the Constitution doesn’t protect the privacy of two consenting adults in their own homes.

▶ Scalia held that corporations can spend unlimited money on elections (Citizens United).

▶ Scalia has always found some excuse to uphold discrimination against gay people, and has argued that states are free to pass laws singling out gay people for mistreatment just because legislators don’t like them.

▶ Scalia voted to allow a company to use the fine print of its consumer contracts, such as for cell phones, to immunize itself from being sued even by customers it purposely and illegally defrauded.

▶ Scalia voted to deny female employees of a large national company who were victims of systemic discrimination the right to join together and go to court to stand up for their rights.

▶ Scalia voted that a woman who was paid less than men at her company for the same work for 20 years could not file a discrimination suit against her employer because she failed to file her suit within 180 days of her first paycheck, even though she had no way of knowing at that time that she was being discriminated against.

While Ronald Reagan may be long gone from the White House, his nominees to the nation’s highest court are still imposing a far right agenda on the nation. Should Mitt Romney have the opportunity to mold the Court in his own image, they may still be there well into the 2040s. To find out more about Mitt Romney’s frightening vision for the Supreme Court, visit http://romneycourt.com/.

PFAW

Mitt's Moochers: The Dangerous Lie His Funders Love to Hear

This piece originally appeared at The Huffington Post.

Mitt Romney got some unwanted attention early this year when he flatly stated, "I'm not concerned about the very poor." When challenged on this remark he assured Americans that the safety net for the very poor was a given, safe from any budget and tax code tinkering in Washington. This was a sinister explanation since Romney's tax and spending plan -- or as much of it as can be deciphered -- calls for further tax cuts for the wealthy at the expense of social services that he claimed were safe.

Now, we see that it's not just the "very poor" who don't merit Romney's "concern." At the now-infamous $50,000-a-plate fundraiser in Florida, Romney wrote off the concerns of the 47 percent of Americans who don't owe federal income taxes, saying that half of Americans are "dependent on government," "believe that they are the victims," and have the gall to "believe that they are entitled to health care, to food, to housing, to you name it."

That 47 percent includes families and individuals with low incomes -- about 23 percent of taxpayers, according to the Tax Policy Center. It also includes those for whom tax credits for children and working families have eliminated tax burdens -- about 7 percent. It also includes seniors who have left the workforce -- about 10 percent. Over half of the 47 percent pay federal payroll taxes. All are subject to state and local taxes, many of which, like sales taxes, are more regressive than federal taxes. (And if we ever see more Romney tax returns, we may find some years when the Romney's were in that entitled 47 percent.)

As conservative writer Reihan Salam points out in the National Review, policies like the Child Tax Credit and the Earned Income Tax Credit -- responsible for much of this tax relief for working families -- were conservative ideas meant to reduce the "dependency" that Romney so reviles, by "encourag[ing] people get on the first rungs of the jobs ladder, and to become less dependent over time."

Romney was telling the well-heeled guests at this fundraising dinner that these people -- middle-class parents, low-income workers, the unemployed, the elderly -- aren't interested in working hard despite the fact that most of them report to the IRS each year that they work quite a lot. This isn't just tin-eared politics. Like Romney's comments on the "very poor," it represents a profound misunderstanding of how Americans' lives work and how his policies would affect those lives.

But even talking about the "47 percent versus the 53 percent" belies the fact that nobody in America is free from at least some government "dependency." We all rely on roads, hospitals, schools, firefighters, police officers, and our military -- even Mitt Romney and his $50,000-a-plate friends. Romney himself has relied on the government's safety net for businesses, securing a federal bailout for Bain & Company. Nobody succeeds without some help from a stable, functional government. That's what President Obama was saying when his "you didn't build that" comments were taken out of context.

Romney was clearly telling his funders a fantasy story that they love to hear. But that story is a lie, and we shouldn't accept it from someone who could become a president representing 100 percent of the American people.

PFAW

On Judges, Senate Should Follow Sept 2008 Precedent

The Senate will likely leave town next Thursday until after the election. Republicans should allow a vote on all of the 17 district court nominations that have been languishing needlessly, often for months.

The nominees are anything but controversial; in fact, all but two were approved by the Judiciary Committee with overwhelming bipartisan support. Yet this is par for the course for the GOP war against all things Obama, when even consensus nominees with strong Republican support are forced to wait on average three times longer for a floor vote than was the case for George W. Bush's nominees at this point in his presidency.

During the last presidential election year, we saw nothing even closely resembling the current level of obstruction. In September 2008, the Senate confirmed ten of President Bush's district court nominees. All ten were approved by the Judiciary Committee on September 25 and received a floor vote just one day later. They were all voted on as a package and confirmed by unanimous consent.

In stark contrast, only one district court confirmation has been allowed so far this month. All of the current nominees have been waiting months for a vote (most for more than two months, and some since April!). They have been delayed only because Senate Republicans are abusing their right under Senate rules to prevent the majority from scheduling even a simple, unopposed confirmation vote without their consent. They offer no explanations, only a grim determination to obstruct.

Next week, Republicans can and should allow the Senate to vote on the pending district court nominees. Given the model of 2008, they have no excuse not to act.

PFAW