PEOPLE FOR BLOG

Vote for the 2008 Equine Posterior Achievement Award!

EPAA Award ImageThe Equine Posterior Achievement Award has been created to honor that leader whose abilities to misrepresent an issue, manipulate his/her followers, brazenly disregard reality or pander to our baser instincts reach such ridiculous levels that we don't know whether to laugh or cry. In other words, a genuine "horse's patootie."

To that individual we are pleased to present PEOPLE FOR THE AMERICAN WAY's Equine Posterior Achievement Award -- this year, to be known as the Honorary McPalin Equine Posterior Achievement Award.

The duo of John McCain and Sarah Palin -- the latter, especially -- exemplified the spirit of this award in a unique way. But moving beyond the obvious, we wanted to focus this year on some people who may have slipped under the radar or just deserve consideration in their own right.

The nominees are listed at http://site.pfaw.org/epaa Go there now to cast your vote for this year's winner!

PFAW

W. Does Keep It Interesting

The president is not ... um ... liked - with good reason, of course.

Here's our president at a press conference in Iraq this weekend getting a pair of shoes thrown at his head. I'll say two things:

1. The Iraqi reporter who tossed his footwear has a cannon, and potentially a career in major league baseball (if he's not rotting in some military prison somewhere).

2. For all his faults, President Bush does have cat-like reflexes. It must have been all that practice dodging those pesky things like laws and accountability.

PFAW

Beyond the Sigh of Relief...

Earlier this week, People For the American Way Foundation hosted -- and I moderated -- a panel at the National Press Club to discuss what the election of Barack Obama means for the future of the Supreme Court and what kind of justices we should be fighting for. The event's title, "Beyond the Sigh of Relief," says a lot in itself, and it's fantastic that our conversation could focus on the prospects for a return to justice on the High Court rather than strategizing about how to forestall complete disaster.

I hope to have video of the full discussion to share with you in a week or two. The next day, Maryland State Senator and Constitutional Law Professor Jamin Raskin (who was on the panel) and I were on Pacifica Radio in a very substantive joint interview on the same topic. You can listen to that segment here.

Sen. Raskin is also the director of the Marshall-Brennan Constitutional Literacy Project and shares my passion for civic education -- I've known and worked with him for years, going back to my time at Justice Talking. The other phenomenal panelists were: Julius Chambers, former director of the NAACP Legal Defense Fund and founder of Ferguson Stein Chambers Gresham & Sumter PA; John Payton, President, NAACP Legal Defense and Educational Fund; and one of the finest Court journalists out there, Dahlia Lithwick, Senior Editor of Slate.

Any conversation about the future of the Court needs to start with acknowledging the voter mandate Obama received on Election Day to appoint judges with a strong commitment to constitutional rights and values. Redefining the conventional wisdom that the Supreme Court is an issue that only the Right Wing cares about, this time it was Obama voters who said that the Court was extremely important to them.

Here were a few quick highlights from the rest of the event:

  • Julius Chambers made some great points about the Court's role in protecting the poor. It's not just disputes over civil rights for minorities, workers rights and environmental protections on which the Court must sometimes weigh in when the government or companies violate constitutional rights. The poor deserve to be protected by the Constitution like we all do, and too often, they certainly do not receive equal justice under the law.

  • There was much discussion about promoting racial and gender diversity on the Court and there was a consensus among us that race, religion, gender and even sexual orientation could be important considerations because they can bring different perspectives to the Court. John Payton in particular stressed just how vital this diversity of perspectives is in having a Court that functions for the best benefit of the people and the law. We also speculated on the pedigrees and career tracks of recent and not so recent nominees -- why should they all come from the corporate world or the major law firms? There are tremendous lawyers working to advance justice at places like nonprofit organizations and unions.

  • Dahlia Lithwick stressed that we need to make sure people know that the judicial philosophies we believe in are based on rigorous interpretation and a sincere love of the Constitution. The public debate over judicial philosophies has too often bought into the Right's claims that so-called "strict constructionism" is the only rigorous approach to the Constitution. But the ideals embodied in both the main articles of the Constitution and the amendments are what John Payton referred to as "aspirational" -- and it's that aspirational view of the law and justice that we subscribe to and that we think President-elect Obama does as well. It's an understanding that the Constitution is a guardian of rights and opportunity for all Americans, including those without much power in our society.

The stimulating conversation left me feeling optimistic about advancing the constitutional principles that have been under attack from right-wing organizations and the Bush administration. After eight years of seeing right-wing ideologues nominated to the federal bench, there is immense opportunity to restore constitutional values. The only thing standing in our way is the Right and the senators who are already gearing up to fight good nominees -- senators like John Kyl (R-AZ), who promised a filibuster of any Court nominee he deemed too liberal... only three days after the election.

People For the American Way will be ready for Sen. Kyl, other right-wing senators and the Right's media echo chamber. Together, we'll make sure President Obama fulfills his mandate to give Americans the Supreme Court justices they deserve.

PFAW

Your Daily Coulter

There was a rumor a week or two about hate clown Ann Coulter having her jaw wired shut. Unfortunately, turns out a rumor is all it was. Anyway -- she was doin' her thang on Fox News, being all nuts as usual and making up lies about our President-elect. David Neiwert at C&L's got it:

http://crooksandliars.com/david-neiwert/ann-coulter-just-cant-resist

PFAW

Kathryn Kolbert Discusses Obama and the Supreme Court on Pacifica Radio

People For President Kathryn Kolbert joined American University law professor Jamin Raskin on Tuesday to discuss Barack Obama and the Supreme Court on Pacifica's What's at Stake. Among other things, Kolbert and Raskin discussed what progressives should look for in an Obama nominee to the Court.

Click below to listen to the interview:

PFAW

Right On, Leahy

Trying to "send a message" and indicating he may try to obstruct Obama's efforts to restore constitutional values in Washington, Sen. Arlen Specter (the ranking Republican on the Judiciary Committee) is now pushing to delay confirmation hearings for Attorney General-nominee Eric Holder. Read Judiciary Committee Chair Patrick Leahy’s letter in response -- it's actually pretty entertaining (as another People For staffer said, meow).

Leahy: No Double Standard For Eric Holder (click)

PFAW

Letter to Obama from Feingold: "Concrete Steps" to Restore Rule of Law

Following up on my previous post about Sen. Feingold....

My main man Russ yesterday sent a letter to the President-elect "urging President-elect Barack Obama to take 'concrete steps' to restore the rule of law after the eight-year assault by the Bush Administration on the Constitution. In a letter to the President-elect, Feingold offered recommendations for action in four key areas – the separation of powers, excessive government secrecy, detention and interrogation policy, and domestic surveillance and privacy."

Read it. It's good.

http://feingold.senate.gov/releases/08/12/20081210.html

PFAW

NY State Senate Democratic Leader: "Real reform should not ever include limiting civil rights"

We are suspending negotiations, effective immediately, because to do so otherwise would reduce our moral standing and the long-term Senate Democratic commitment to reform and to change.  We believe that ultimately, we must do what is right for the people of the State of New York. Furthermore, real reform cannot and should not ever include limiting the civil rights of any New Yorkers. Those issues must be part of the legislative process.

                        -- NY State Senate Democratic Leader Malcolm A. Smith

From Newsday:

ALBANY, N.Y. - Senate Democratic leader Malcolm Smith said Wednesday any deal with three dissidents to secure his party's hold on the chamber majority is officially off.

Smith said he has the support of the Democratic Caucus and has ceased negotiations with the three, Sen. Ruben Diaz Sr. and Sen.-elect Pedro Espada Jr., both of the Bronx, and Sen. Carl Kruger of Brooklyn. Their support would give the party a 32-30 majority beginning Jan. 1 after decades of Republican control.

"We're prepared to wait if we have to to come into the majority," Smith said. He was flanked by senators Neil Breslin of Albany and Liz Krueger of Manhattan when he made the announcement.

Smith said the three renegades were motivated by "personal interests." He also said he wouldn't subject civil rights issues to negotiation, referring to a proposal backed by many Democrats to legalize gay marriage.

I've read more reports and looks like what was happening was three senators holding the Democratic majority hostage for their own interests, and in the process, not just obstructing the potential for marriage equality, but an entire progressive agenda which has been blocked for years by a Republican-controlled New York Senate. Even if this means the Democrats lose the majority they won in last month's election, it was the so-called "Gang of Three" who were really trying to thwart the will of New York voters.

PFAW

Supreme Court Says No to Obama Citizenship Challenge

The Supreme Court just rejected an appeal in a case challenging the validity of President-elect Obama's birth certificate, his citizenship and, in effect, his constitutional eligibility to assume the office of President. The fact that it took more than one split second to reject this preposterous, paranoid, conspiracy theory-based case is a little disturbing. A similar case had been thrown out this fall, but that did not stop Justice Clarence Thomas from circulating the appeal papers to his colleagues for consideration.

Read more here:

http://thecaucus.blogs.nytimes.com/2008/12/08/supreme-court-rejects-appeal-over-obamas-citizenship/?hp

PFAW

Bill Moyers Journal: Russ Feingold On The Rule Of Law

Senator Russ Feingold, one of Washington's leading voices for civil liberties and constitutional rights, was on Bill Moyers Journal over the weekend discussing some of the steps he hopes the incoming Obama administration will take to restore the rule of law.

Nicole Belle at Crooks and Liars has a video, transcript and Sen. Feingold's Daily Kos post on the issue. Read more and check out the video.

Russ Feingold on Moyers screen cap

PFAW

Putting the Justice back in the DOJ

In Washington, we're hearing rumblings that the Right may be looking to start a fight over Attorney General nominee Eric Holder, whose confirmation hearing will be in early January. It's tough to imagine the kind of audacity it would take to challenge Holder's nomination after Attorneys General Ashcroft and Gonzales.

After eight years of being dominated by politicization, cronyism and extremism, the Department of Justice is in desperate need of a good housecleaning. The Department, like the Attorney General, is supposed to defend the rule of law and Americans' constitutional rights. But under the Bush administration, the DOJ has been used as a weapon against constitutional values, used to fight the administration's ideological and political battles.

In the wake of 9/11, John Ashcroft's Justice Department led the Bush administration's relentless assault on civil liberties. The DOJ was on the forefront of the draconian expansion of surveillance and police powers, and contributed heavily to post-9/11 era of extreme government secrecy. Career lawyers at the DOJ were subtly -- and not so subtly -- pushed out in favor of attorneys more politically and ideologically aligned with the administration. The Civil Rights Division was completely politicized and instead of using its resources to protect voters' rights (by enforcing the Voting Rights Act among other things), the DOJ waged an attack on voting rights by supporting disenfranchising policies like Georgia's restrictive voter ID law. The Department also exploited the 'widespread voter fraud' myth for politically motivated witch hunts -- part of a larger trend of selectively targeting political and ideological opponents for investigation and prosecution.

And how can we forget the Gonzales era at the DOJ! The Attorney General is supposed to be the people's lawyer, but Gonzales was more the president's bag man. The problems that existed under Ashcroft continued or got worse. As more and more news came out about the NSA's illegal warrantless spying on Americans, the torture of U.S. detainees, legally questionable military tribunals and other subversions of the rule of law, we found out that the DOJ had expressly signed off on these administration policies and in some cases even supplied the legal and intellectual underpinning out of the Department's Office of Legal Counsel (OLC). And when a scandal broke over the firing of U.S. attorneys, it became clear exactly how politically motivated hiring and firing practices had been at the DOJ, which evidently was staffed with a disproportionate number of graduates of Pat Robertson's law school (including one of the people tasked with the hiring/firing)!

Attorney General Mukasey has been arguably better than his two predecessors, but following the records of Ashcroft and Gonzales, that's not very hard. Eric Holder is a stellar choice: smart, capable and able to lead the DOJ in a new direction. But he will have his work cut out for him and he'll need help from people like you and me. First, we need to make sure he's confirmed, and that could mean a campaign to defeat whatever attacks right-wing senators throw at him. Then, because of the politically skewed hiring practices, he's going to need the support of the people to make dramatic changes at one of the government's most important agencies.

For eight years, the Department of Justice -- a government agency with a rich history of enforcing civil rights and the rule of law -- has served the worst ideological and partisan impulses of the Bush administration. The era of overzealous ideologues and partisans like Ashcroft and Gonzales is coming to an end.

Thank goodness.

But now it's time to dig in our heels and do our part to put the justice back in the Department of Justice. I hope you don't mind if I call on you for help in the coming months.

PFAW

Trending Toward Greater Acceptance

GLAAD today published a new survey of Americans' feelings on GLBT issues.  The news, I'd say, is generally positive.

    • Three-quarters of U.S. adults (75%) favor either marriage or domestic partnerships/civil unions for gay and lesbian couples. Only about two in 10 (22%) say gay and lesbian couples should have no legal recognition. (Gay and lesbian couples are able to marry in two states, and comprehensive civil union or domestic partnership laws exist in only five others and the District of Columbia.)

    • U.S. adults are now about evenly divided on whether they support allowing gay and lesbian couples to legally marry (47% favor to 49% oppose).

    • Almost two-thirds (64%) of U.S. adults favor allowing openly gay military personnel to serve in the armed forces. (The current “Don’t Ask, Don’t Tell” law bans military service by openly gay personnel.)

But it also called to mind a fascinating piece by Ann Friedman in The American Prospect.

This is something I've heard a lot in the wake of the passage of California's Proposition 8, which bans same-sex marriage. "History is on our side! Don't worry, the demographic trends are with us!"

I'm sorry, but that's just not good enough. These are the kind of conciliatory comments that go part and parcel with the culture-war frame. Civil-rights era activists knew history was on their side. But their goal was not to make every white American comfortable with the idea of sharing public spaces and power with people of color. It was to guarantee people of color those rights, regardless of where the culture stood. That's the thing about rights. You have to claim them.

If you're interested in claiming a few rights, you should sign onto People For's petition to stop federal discrimination against some married couples and Dump DOMA.

PFAW

Great Idea Posted at Change.org/ideas: Dept. of Innovation

I wrote a post yesterday about a Change.org in which People For the American Way is participating: Ideas for Change in America. It's actually a collaboration with MySpace as well, and many organizations and everyday citizens have become involved. The ideas so far are GREAT. I hope some readers here have the chance to add their own.

One idea that I particularly liked is for the creation of a Department of Innovation. The idea in itself is incredibly innovative, and it might be just what the doctor ordered to help overcome some of the enormous challenges facing us as a country and a planet.

Here's more:

We need to harness the creative imaginations of all americans as individuals and collectives to overcome the great challenges of our time. We know we need to do this, but do we know how?

Yes. We can:
- help leaders articulate the need for innovation and focus American's creative energy on the areas that matter most and can most benefit from creative solutions
- help individuals collaborate to come up with even better ideas than they already have or could come up with on their own
- manage ideas and the innovation process so that the most promising ideas are identified, and the very best implemented successfully
- engage more and more americans in contributing creatively to solving our challenges

You can read more about this idea and others at Change.org/ideas. I also stongly encourage you to add your creativity to the process if and submit your own idea or ideas if you have any. But remembe: you can vote for many ideas! So please make sure to support National Early Voting to help it to the next round in the Civic Engagement category.

PFAW

Bush Against the Constitution. Again.

When Bill Clinton left the White House, the right wing message machine started pushing they myth that his staff had trashed the place on the way out.

President Bush seems to be doing something similar, but instead of pulling the W’s (or O’s?) off the keyboards, he’s trashing the Constitution.

Among the many midnight regulations that Bush has put in place, is this one which denies thousands of federal employees collective bargaining rights.  These kinds of regulations are usually lumped in the anti-worker category, but the Supreme Court has made clear that the right to free association is implicit in the First Amendment.  And what's a union if not a peaceable assembly of workers exercising their right to free speech?  In the case of federal employees, they're even assembling to petition the government.  A triple whammy!

So, yes, you should be angry that Bush took a shot at the labor movement on the way out the door, but he also found one more opportunity to thumb his nose at the Bill of Rights.

PFAW

Vote for Ideas to Change America

Change.org is running a great contest to get ideas for real change and innovation from the public and presenting some of the best ones to the Obama transition team.

From Change.org:

What's Your Big Idea for Change in America?

President-Elect Obama says he wants to hear ideas from all Americans, so we're taking him up on his offer. Submit your ideas for how to change America, discuss with others, and vote for your favorites.

The "Top 10 Ideas for America" will be presented to the Obama Administration on Inauguration Day. We will then build a national campaign to advance each idea in Congress, marshaling the resources of Change.org, MySpace, and our dozens of partner organizations and millions of combined members.

There are a bunch of issue categories under which you can enter ideas. I already entered National Early Voting as a People For the American Way-sponsored idea in the Civic Engagement category. Please read more and support the idea by clicking the vote count button so it can make it to the second round.

Click here:

http://www.change.org/ideas/view/national_early_voting_great_way_to_safeguard_fair_elections

Then cruise the change.org/ideas site, read about some other ideas and ENTER YOUR OWN!

If you post an idea that you think People For the American Way would like to sponsor, please send me the link for your idea, after you post it, at bbetz[at]pfaw[dot]org.

Good luck with your idea or ideas. And tell your friends!

PFAW