PEOPLE FOR BLOG

Record Spending in September by Outside Groups

The Center for Responsive Politics has tabulated the spending totals of outside groups from September to the beginning of October, revealing such enormous spending levels that third-party organizations are even spending more than the candidates themselves. Of the top ten biggest spenders in September, nine are pro-corporate groups and eight of them uniformly back Republican candidates. Spencer MacColl of CRP reports that “since September 1, identifiably conservative groups have spent $25.8 million, liberal groups $5.6 million,” and Ben Smith of Politico notes that pro-GOP groups have spent $43.6 million since August. In fact, pro-GOP organizations have spent more than the campaigns of four Republican candidates for Senate on their own races, outspending the campaign committees of Sharron Angle in Nevada, Ken Buck in Colorado, Joe Miller in Alaska, and Dino Rossi in Washington. To learn more about the increasingly powerful outside organizations, read PFAW’s new report: “After Citizens United: A Look into the Pro-Corporate Players in American Politics.”

 

PFAW

Some Perspective on Park51

The pastor of the oldest Catholic church in New York State was researching his church’s 200-year history this summer and noticed some interesting parallels to a debate going on a few blocks away. In an interview with the New York Times, Rev. Kevin Madigan explained that the anti-Muslim backlash to the proposed Park51 community center in Manhattan echoed the resistance that met St. Peter’s Roman Catholic Church after it was built in 1785:

The angry eruptions at some of the demonstrations this summer against the proposed Muslim center — with signs and slogans attacking Islam — were not as vehement as those staged against St. Peter’s, Father Madigan said.

On Christmas Eve 1806, two decades after the church was built, the building was surrounded by Protestants incensed at a celebration going on inside — a religious observance then viewed in the United States as an exercise in “popish superstition,” more commonly referred to as Christmas. Protesters tried to disrupt the service. In the melee that ensued, dozens of people were injured and a policeman was killed.

“We were treated as second-class citizens; we were viewed with suspicion,” Father Madigan wrote in his letter to parishioners, adding, “Many of the charges being leveled at Muslim-Americans today are the same as those once leveled at our forebears.”

The pastor said that Park51’s organizers would have to “make clear that they are in no way sympathetic to or supported by any ideology antithetical to our American ideals, which I am sure they can do.” But he said Catholic New Yorkers have a special obligation to fulfill.

The discrimination suffered by the first Catholics in America, he said, “ought to be an incentive for us to ensure that similar indignities not be inflicted on more recent arrivals.”
 

PFAW

These words have perhaps never been truer than they are right now.

For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die.

I was reminded of the late Senator Kennedy’s famous quote as I happened upon this blog post this afternoon. Twelve years ago today, Aaron Kreifels found Matthew Shepard clinging to life in a field outside Laramie, Wyoming. Unfortunately, Shepard lost that battle five days later.

Shepard’s story quickly became a rallying cry for the LGBT equality movement, and has remained such to this day. Judy Shepard works tirelessly to help make the world a better place for LGBT individuals. She has spoken out on bullying and the recent suicides of LGBT youth.

Quite simply, we are calling one more time for all Americans to stand up and speak out against taunting, invasion of privacy, violence and discrimination against these youth by their peers, and asking everyone in a position of authority in their schools and communities to step forward and provide safe spaces and support services for LGBT youth or those who are simply targeted for discrimination because others assume they are gay. There can never be enough love and acceptance for these young people as they seek to live openly as their true selves and find their role in society.

Judy Shepard wants you to stand up and speak out. Dan Savage wants you to tell your story. And now the Gay-Straight Alliance Network wants you to make it better. The Make It Better Project is endorsed by dozens of LGBT equality advocates. They are taking action, including a week of action designed to draw attention to school safety for LGBT youth.

We aren’t waiting until high school is over for our lives to get better . . . We are taking action now!

Please click here for more information. You might also want to look back at my blog posts from 10/1/10 and 10/28/09.

PFAW

Republican Candidates in Their Own Words

United Steelworkers has put together this remarkable video of Republican candidates discussing issues such as Social Security, unemployment benefits, and the minimum wage. It speaks for itself:

PFAW

Protesting Foreign Corporate Money in Elections

This afternoon, several of us at People For the American Way went to lend our support (and homemade signage) to a protest that MoveOn had organized in front of the Chamber of Commerce.

The Chamber has been in the spotlight this week, after a ThinkProgress investigation found that hundreds of thousands of dollars it gets in membership dues from foreign corporations may be going toward its efforts to influence elections.

The Chamber has vowed to spend $75 million this year to help elect candidates who will prioritize corporate interests. Because of the Citizens United decision, the Chamber’s corporate members have a lot more leeway in how they direct their political spending --but the legality of the group’s funding from foreign corporations is questionable.

The Chamber has been spending its ample electioneering funds to run attack ads against Democrats across the country. This week alone, it is reportedly airing $10 million worth of TV ads in 30 states.

Here are some pictures from the rally today:
 

PFAW

And Support for Marriage Equality Keeps on Inching Up…

The Pew Research Center reported this week that fewer than half of Americans are opposed to same-sex marriage, the first time opposition has dipped below 50% since Pew began polling on the issue 15 years ago.

Opposition to marriage equality still edges out support, with 48% opposed and 42% in favor, but Pew’s data show’s a clear and steady trend toward acceptance of equal rights for gays and lesbians. And take a look at this chart showing how support breaks down among different age groups. The trend is remarkable:


In August, People For’s president, Michael Keegan, wrote in the Huffington Post, “The Right has won many important battles against gay rights, but they are losing the war...and they know it”:

For years, the Right has watched its anti-gay agenda lose credibility as public acceptance of gays and lesbians has steadily grown and intolerance has declined. And that trend is going strong, as young people of all political stripes are more likely to know gay people and more willing to grant them equal rights and opportunities, including the right to marriage. A CNN poll this month found that a majority of Americans think gays and lesbians should have the right to marry--the first time gay marriage dissenters had slipped solidly into the minority in a national poll. Even in California, where Proposition 8 passed on the ballot in 2008, a poll earlier this year found a majority now support same sex marriage rights. Indeed, this change is even visible on the Right, where the fight against equality is being waged by an increasingly marginalized movement. Who would have ever thought that Ann Coulter would be booted from a right-wing conference for being "too gay friendly"?

Of course, basic human rights should never be decided by majority vote--they are guaranteed by the Constitution. But, on the issue of gay rights, the Right Wing now finds itself up against both the Constitution and the will of a steadily increasing majority.

This isn’t to say that the Right Wing has been taking the hint that an anti-gay agenda might be a losing proposition in the long run. Rather, prominent figures on the Right seem to be trying to revel in homophobia as much as possible before the issue becomes marginalized. Opposition to the “homosexual agenda” was a major theme of last month’s “Values Voter Summit,” which drew GOP leaders (and aspiring GOP leaders) like Mitt Romney, Tim Pawlenty, and Bob McDonnell. And even Glenn Beck, who drew flack from the far right for saying that gay marriage wouldn’t be a threat to the country, regularly invites pseudohistorian and professional homophobe David Barton—who recently opined that gay people were such a threat to the country that gay sex should be regulated—to lend his expertise to his program.

Maybe the most stunning thing about the Right’s commitment to anti-gay politics is the continuing opposition to allowing gays and lesbians to serve openly in the military. Pew found that Americans support allowing gays and lesbians to serve openly by a 2-1 margin—yet the Republican Party continues to side with a small minority of right-wing extremists dedicated to preserving Don’t Ask Don’t Tell.
 

PFAW

Stevens: Campaign money is “simply not speech”

In a wide-ranging interview with NPR’s Nina Totenberg this week, former Justice John Paul Stevens touched on his strong opposition to the Supreme Court’s decision in Citizens United v. FEC, to which he wrote an adamant dissenting opinion.

As for the court's recent ruling allowing corporations and unions to spend unlimited amounts on candidate elections, Stevens thinks it was dead wrong — and, indeed, still doesn't think that money is the same thing as speech. "Can you hear it talk? Can you read it? [Money is] simply not speech," he says. "And I have to confess that my own views are that there is an interest in trying to have any debate conducted according to fair rules that treat both sides with an adequate opportunity to express their view. We certainly wouldn't, in our arguments in this court, give one side a little more time because they could pay higher fees to hire their lawyers, or something like that."

Stevens is hardly alone among legal luminaries in thinking that the decision in Citizens United was flat-out wrong. On Monday, People For and the fair elections group Free Speech For People sent a letter signed by over 50 prominent lawyers and law professors urging Congress to consider amending the Constitution to undo Citizens United.

Corporate political expenditure regulations do not infringe any speech rights of the American people whatsoever. Rather, such regulations reflect the power of the American people to regulate corporations and the rules that govern such entities as the people and our representatives see fit. Justice John Paul Stevens’ dissent rightly calls the majority opinion a “radical departure from what has been settled First Amendment law.”


You can read the full letter here.
 

PFAW

Kudlow to Corporate-Backed Groups: Disclose Your Funding

Yesterday, Think Progress dropped a campaign finance bombshell when it reported that the US Chamber of Commerce, which is spending tens of millions of dollars this year to run ads supporting GOP candidates in federal elections, is collecting hundreds of thousands of dollars from foreign owned businesses, including companies owned by foreign governments.

Reliable clean elections proponents, like Minnesota senator Al Franken, spoke out immediately for the FEC to investigate the Chamber’s finances. But the voices in support of campaign finance disclosure haven’t been coming only from the left.

CNBC host Larry Kudlow, a columnist for the conservative National Review, said today that groups like the Chamber and Karl Rove’s shadowy group Crossroads GPS should put their funding and spending records out in the open. According to fact sheet from House Speaker Nancy Pelosi’s office, Kudlow said:

“Why not have the media posting of the contribution information on the Internet? That's all. And let everybody decide… Who, what, when, how, where, who got it? Put it up on the net and let free speech and free politics take its work… American Crossroads and Karl Rove and all them should post also.” [10/6/10]

We reported last week on several groups, including the Chamber of Commerce and Crossroads GPS, that are spending buckets of money to back pro-corporate candidates in this year’s elections, while under no obligation to disclose where their money is coming from. This spending is no small change—the Associated Press reported last week that right-wing, pro-corporate groups have outspent progressive groups 6-1 on television ads this year.

Kudlow’s call for disclosure from these big-spending groups should come as no surprise. Disclosure of campaign spending is a principle embraced by many prominent conservatives, including Justice Antonin Scalia. And when the Supreme Court’s conservative majority ruled in Citizens United v. FEC to allow corporations to spend unlimited amounts of money to influence elections, they did so with an important side note: they were in favor of “prompt disclosure” of the campaign spending.

Up against the reality of corporate-backed groups that will spend enormous amounts of money for their electoral benefit, however, congressional Republicans have been significantly less eager to embrace the idea of full disclosure than that of free spending.

The Chamber of Commerce, for one, seems to be solidly in the congressional Republican camp on the disclosure issue. Asked by the Washington Post’s Greg Sargent about Think Progress’s allegations, a spokeswoman for the Chamber responded with a tirade against the blog, denying that the Chamber spends foreign money on electioneering—but refusing to answer any questions on just how that money is kept separate.


 

PFAW

Chamber’s Foreign Funding Demonstrates the Need to Revisit Citizens United

Coming on the heels of a report by ThinkProgress on how the US Chamber of Commerce uses membership dues from foreign corporations to pay for political advertisements in American elections, the Supreme Court’s ruling in Citizens United is facing new scrutiny for opening up the floodgates of corporate spending. People For the American Way has spoken out against the Chamber’s practices of collecting “hundreds of thousands of dollars from foreign owned businesses, including companies owned by foreign governments,” and the editorial board of the New York Times is also sounding the alarm. The Times editors write that the election system is broken as a result of Citizens United and actions by Republicans in Congress and the FEC to weaken the remaining regulations of campaign finances:

Because the United States Chamber is organized as a 501(c)(6) business league under the federal tax code, it does not have to disclose its donors, so the full extent of foreign influence on its political agenda is unknown. But Tuesday’s report sheds light on how it raises money abroad. Its affiliate in Abu Dhabi, for example, the American Chamber of Commerce, says it has more than 450 corporate and individual members in the United Arab Emirates who pay as much as $8,500 a year to join.

Because of a series of court decisions that culminated in the Supreme Court’s Citizens United ruling earlier this year, these and similar 501(c) nonprofits have become huge players in the year’s election, using unlimited money from donors who have no fear of disclosure. (Not surprisingly, the chamber has been a leading opponent of legislation to require disclosure.) One such group, American Crossroads, organized by Karl Rove, announced on Tuesday a $4.2 million ad buy to support Republican candidates, bringing the group’s total spending to about $18 million so far.

The possible commingling of secret foreign money into these groups raises fresh questions about whether they are violating both the letter and spirit of the campaign finance laws. The Federal Election Commission, which has been rendered toothless by its Republican members, should be investigating possible outright violations of the Federal Election Campaign Act by foreign companies and the chamber.

Now, Minnesota Senator Al Franken is calling on the FEC to look into the Chamber’s finances, the Star Tribune reports:

Franken’s letter says that the Chamber’s mixing of funds under current FEC rules “is not per se illegal.” But he wrote that the company had to demonstrate that its foreign funds were not used for political purposes, and pushed the FEC to launch an investigation.

In addition, Franken’s letter asked the FEC to change its regulations allowing foreign companies to spend on elections — which is legal so long as the company is incorporated in the U.S. and creates a special election committee staffed by Americans.

 

PFAW

Why Are Republicans Opposing a Judiciary That Looks Like America?

With Republican Senators refusing to allow votes even on nominees who they do not oppose, they are depriving courts across the nation of the judges needed to ensure justice for all. In fact, the Senate recessed last week without confirming a single one of the 23 pending nominees approved by committee and ready for a floor vote. Eleven of these nominees – half the total – would fill vacancies officially designated as "judicial emergencies."

Amazingly, 17 of these 23 nominees advanced through committee without opposition, so it's not like there is any principled reason behind the Republican obstruction.

This slate of highly qualified nominees is a testament to the great diversity of our nation. Indeed, more than half of them are people of color, with six African Americans, three Latinos, and four Asian Americans among them. Ten of the 23 are women. Among the nominees needed to resolve judicial emergencies, two-thirds are people of color.

For much of our nation's history, judges were uniformly white men. When women argued for equality under the law, they were repudiated with sexist arguments that only men could have come up with. African Americans were told that separate can be equal. Native Americans were told that they never really owned the land they had been on for centuries, but were only in temporary possession of it until Europeans arrived.

A judiciary that looks nothing like America is far less likely to understand how the law affects other people, a misunderstanding that has often led to great injustice. As Republicans exacerbate judicial emergencies, their obstruction is preventing us from having a judiciary that looks more like America.

PFAW

Tracking the Obstruction: Lifting the Veil of Progress

In the last week of its fall session, the Senate confirmed 54 executive branch nominations. But we haven’t necessarily made progress just because 54 positions are now full.

I took a look at the Executive Calendar (list of all treaties and nominations that are ready to be taken up on the Senate floor) as it stood on 9/24. Then I compared it to 10/4, after the Senate left town.

I will admit that the Senate did take some steps forward.

35 of the 54 executive branch confirmations came straight off the Calendar. There were fewer executive branch nominations on the Calendar who were 90 days old or more (22 down from 40). There were also fewer executive branch nominations that had spent 90 days or more on the Calendar (17 down from 19).

But who’s left?

On 9/24, the average age of executive branch nominations on the Calendar was 189 days, and the average time spent on the Calendar was 95 days.

By 10/4, the average age had increased to 287 days, and the average time spent on the Calendar had increased to 195 days.

What does this mean?

The Senate may be doing its job, but it’s not fighting the toughest battles when it comes to executive branch nominations. The nominations left behind are those that have been waiting the longest. Less controversial people are moving through quickly while political obstruction continues to stall others.

Let’s not forget the recess appointees.

Only 5 of 22 recess appointees have gone on to confirmation. 17 are still pending before the Senate. 13 of those are stuck on the Calendar.

Please click here for our latest report on executive branch nominations.

PFAW

The Crossroads Juggernaut Reaches New Heights and Receives More Scrutiny

American Crossroads and Crossroads GPS, the sister conservative organizations that hope to raise $52 million in order to defeat Democratic candidates in 2010, is already close to spending a combined $20 million in ads. After spending an initial $14 million in ads to boost the GOP’s chances at taking control of the Senate, Crossroads is ready to spend an additional $4.2 million for ads in Senate races in Colorado, Nevada, Washington, Missouri, Pennsylvania, Illinois, and Florida. Now, Mike Allen of Politico reports that the two groups will begin running ads in competitive House races shortly.

Crossroads GPS, the leading outside group airing ads in Senate races, does not have to disclose its donors since it is a 501(c)4 “social welfare” organization. But as a 501(c)4, it is supposed to focus on “issue advocacy” rather than deliberately urge voters to support or oppose specific candidates for office. Now, the heads of Democracy 21 and the Campaign Legal Center have asked the IRS to look into the group’s status, maintaining that Crossroads GPS “was organized to participate and intervene in the 2010 congressional races while providing donors to the organization with a safe haven for hiding their role.” J. Gerald Hebert of the Campaign Legal Center explains:

While the abuses of 501(c)(4) tax designation for no-fingerprint political attack ads seems rampant in this election cycle, the most blatant certainly appears to be Crossroads GPS. The group makes almost no effort at all to hide the fact that it was created principally to impact the 2010 elections, and to take money from those interested in contributing to their efforts but doing so anonymously. The IRS has a duty to ensure that groups are not violating their tax status in this election cycle, and Crossroads GPS certainly seems like a logical place to start.
PFAW

Chamber of Commerce uses Foreign Funding for Political Ads

In January President Obama in his Statue of the Union address warned Americans of the deleterious impact the Supreme Court’s ruling in Citizens United would have on our political process:

With all due deference to separation of powers, last week the Supreme Court reversed a century of law that, I believe, will open the floodgates for special interests, including foreign corporations, to spend without limit in our elections. I don't think American elections should be bankrolled by America's most powerful interests or, worse, by foreign entities.

While Justice Alito and others criticized Obama’s assertion that “foreign corporations” will be allowed to spend money in elections, ThinkProgress looked into how the Chamber utilizes its foreign branches to raise money for the $75 million it plans to spend on the 2010 election:

A ThinkProgress investigation has found that the Chamber funds its political attack campaign out of its general account, which solicits foreign funding. And while the chamber will likely assert it has internal controls, foreign money is fungible, permitting the Chamber to run its unprecedented attack campign. According to legal experts consulted by ThinkProgress, the Chamber is likely skirting longstanding campaign finance law that bans the involvement of foreign corporations in American elections.


In recent years, the Chamber has become very aggressive with its fundraising, opening offices abroad and helping to found foreign chapters (known as Business Councils or “AmChams”). While many of these foreign operations include American businesses with interests overseas, the Chamber has also spearheaded an effort to raise money from foreign corporations, including ones controlled by foreign governments. These foreign members of the Chamber send money either directly to the U.S. Chamber of Commerce, or the foreign members fund their local Chamber, which in turn, transfers dues payments back to the Chamber’s H Street office in Washington DC. These funds are commingled to the Chamber’s 501(c)(6) account which is the vehicle for the attack ads.
PFAW

Santorum Slamming JFK, Secularism

Fifty years ago, the man who would become America’s first Catholic president delivered a historic speech that helped reduce anti-Catholic prejudice in our public life. Five decades later, a man who would like to be the nation’s second Catholic president celebrated the occasion by slamming Kennedy. It’s a remarkable reversal. 

Former Senator Rick Santorum has been using the anniversary of then-presidential candidate John F. Kennedy’s famous address on church-state separation to decry the destructive forces of secularism that he says Kennedy unleashed. (People For the American Way is among Santorum’s targets.)
 
Santorum’s attack deserves attention, especially at a time when religious and political leaders, Santorum among them, are eagerly fanning the flames of religious intolerance. Much of Santorum’s recent speech – delivered in Houston on September 9 and reprised since then at events like Ralph Reed’s Faith and Freedom conference – is given over to repeated claims that Kennedy emboldened secularists who want a public square “cleansed of all religious wisdom and the voice of religious people of all faiths.” He says Kennedy’s speech launched a movement that is “repressing or banishing people of faith from having a say in government.”
 
These inflammatory claims are regularly advanced by Religious Right leaders who portray supporters of church-state separation as hostile to faith and religious liberty. But how can they be taken seriously?
 
Choose any topic that is being debated in the public square, and you’ll find people of faith advancing their values, probably on both sides of the issue – and not just on abortion and gay rights.  Religious Right activists spouted Tea Party arguments about the evils of government while progressive religious leaders worked hard to promote health care reform. The Catholic hierarchy is among the religious organizations working to deny gay couples legal recognition while other religious groups like the Religious Action Center of Reform Judaism are working for full marriage equality.  At the same time, the two groups are both lobbying for humane immigration reform.
 
It’s a complicated scene, and it’s a noisy one. Who has been silenced? Not Ralph Reed, who is bragging that he’s planning to mobilize conservative evangelical voters to turn Election Day into a historic rout for Democrats.  And certainly not conservative Catholics like Santorum.  At Reed’s Faith and Freedom conference, a panel included leaders of two groups organized to promote conservative Catholic values in the public arena – Catholic Advocate and Faithful Catholic Citizens.
 
There are situations that bring constitutional values into tension. America, via the Supreme Court and civil rights legislation, has decided (Rand Paul notwithstanding) that a business owner’s desire to discriminate against racial minorities does not trump other individuals’ right to equal access to public accommodations, even if the desire to discriminate was based on sincerely held religious beliefs.  Courts and legislatures are wrangling with similar situations that consider religious beliefs about homosexuality, abortion, and contraception alongside LGBT Americans’ right to legal equality, and all Americans’ access to medical care.
 
But the fact that some court cases have gone against those seeking a religious exemption to a generally applied law is no grounds for claiming that religious people have been silenced, or no longer have the right to make their case in the public square. What Santorum seems to want is a kind of double standard: religious conservatives can take part in public debate but should be shielded from criticism. They can engage in legal and political advocacy, but if they lose they can claim the process has been stacked against them by sinister anti-religious forces.
 
Santorum argues that the secularist forces unleashed by Kennedy threaten peaceful coexistence and even put American civilization at risk. He says the founders believed that “if they fostered religion and the Judeo-Christian moral code we would achieve something that was never before seen in a country with so many competing faiths - a truly tolerant, democratic and harmonious public square.”
 
But Santorum himself is actively undermining the possibility for a “tolerant, democratic and harmonious” public square. He seeks political gain by branding his opponents as enemies of religious liberty. And he has played a significant role in inflaming an ugly anti-Islamic wave of public opinion that has resulted in fatal violence and could leave communities damaged and divided for years.
 
Santorum portrays himself as heroic, telling audiences, “I have been criticized in the media for daring to speak out on these sensitive moral issues.”  That’s not true.  Santorum is criticized not for “daring to speak out” but for saying things many people disagree with. Santorum has every right to denigrate the loving relationships of same-sex couples by comparing them to man-on-dog sex. But just as surely others have the right to criticize and even ridicule him for those statements.  
 
The First Amendment is a two-way street. But that seems to be one truth that Santorum and his allies refuse to acknowledge.
PFAW

First Monday in October

Today, as the Supreme Court opens its new term, the major news concerns a decision from last term: the solid rebuke of Citizens United by a bipartisan group of more than 50 legal scholars and public officials. The impact of that decision is poisoning election campaigns around the country and, through the Congress that will be elected as a result, will doubtless impact the lives of every American.

This term, the Court will be deciding at least one new corporate personhood case, as well as other cases affecting our most important rights, including freedom of speech, church-state separation, and due process. Some of the ones we'll be looking at:

Corporate Personhood & Privacy: AT&T v. FCC. The Freedom of Information Act (FOIA) generally requires federal agencies to disclose records to the public upon request. There are numerous exceptions, such as records or information compiled for law enforcement purposes whose disclosure could reasonably be expected to constitute an unwarranted invasion of "personal privacy." The Supreme Court will decide if "personal privacy" applies to corporations, as well as to people.

Free Speech: Snyder v. Phelps. Fred Phelps and his fellow fanatics from the Westboro Baptist Church are infamous for picketing the funerals of military personnel with messages such as "God Hates Fags." According to Phelps, the deaths of U.S. servicemembers are God's punishment for the nation's tolerance of homosexuality. The Supreme Court will determine whether Phelps' funeral-picketing activities are protected by the First Amendment. The case will be argued Wednesday.

Free Speech: Schwarzenegger v. Video Software Dealers Association. The Supreme Court will address whether a California law restricting the sale of violent video games to minors violates the free speech protections of the First Amendment. California argues that states can restrict minors' access to violent material just as they can with sexual material. During oral arguments in November, we may get a sense as to whether the Supreme Court agrees.

Church-State Separation: Arizona Christian Tuition v. Winn. Arizona has a program that gives parents tax credits for tuition at private schools. Most parents use these credits toward tuition at religious schools. A group of taxpayers sued, arguing that this violates the Establishment Clause of the First Amendment. Before the Supreme Court can decide that issue, it must first determine if the plaintiffs have standing to sue. In 2007, the Roberts Court limited the circumstances in which taxpayers can challenge government expenditures that violate the Establishment Clause, and they may do so again in this case.

State Secrets Privilege: General Dynamics v. U.S. and Boeing v. U.S. These cases are actually not about the most infamous uses of the states secret privilege, which notoriously has been used to shut down lawsuits against the government alleging U.S. complicity in torture and other illegal activities. This time, it's the federal government that has initiated the lawsuit, which raises interesting Due Process issues. These consolidated cases address whether the United States can sue two defense contractors for failing to fulfill their contractual obligations, while at the same time using the state secrets privilege to prevent the companies from presenting a defense.

Employment of Immigrants: Chamber of Commerce of the United States v. Whiting. In 2007, Arizona passed a law targeting employers who hire undocumented immigrants by revoking their licenses to operate in the state. The state law also requires employers to participate in a federal electronic employment verification system that federal law specifically makes voluntary. The Supreme Court will decide whether federal immigration legislation preempts Arizona's laws.

Preemption - Right to Sue Drug Manufacturers: Bruesewitz v. Wyeth. The federal Vaccine Act preempts certain design defect lawsuits in state court against child vaccine manufacturers "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings." The Bruesewitz family argues that their lawsuit isn't preempted because the side effects were not unavoidable: A safer, alternative vaccine was available. The Supreme Court will decide if the Vaccine Act preempts the family's suit.

Preemption - Right to Sue Car Manufacturers: Williamson v. Mazda. An accident victim sued Mazda in state court for negligently choosing to install a lap-only seatbelt in the back center seat instead of a safer lap/shoulder belt. However, federal car safety regulations at the time specifically allowed lap-only seatbelts. The Supreme Court will decide if Congress intended the federal safety regulations to preempt such state lawsuits.

PFAW