PEOPLE FOR BLOG

PFAW Hosts Briefing & Rallies at the Supreme Court for Workers’ Rights Case

Just hours after the Supreme Court heard oral arguments this morning in a case that will likely have a profound impact on the rights of working people, Friedrichs v. California Teachers Association, People For the American Way hosted a member telebriefing to help unpack what’s at stake in the case.

On the call, PFAW Senior Fellow and constitutional law scholar Jamie Raskin explained that at issue in Friedrichs are “agency fees” that allow the costs of collective bargaining and other union benefits to be shared by all public sector employees rather than by union members alone. Attacking this practice amounts to “a broad-based assault on public sector unions,” Raskin said.

PFAW Executive Vice President Marge Baker situated the case within the context of the Roberts-Alito Court’s pro-corporate record, where the high court has consistently privileged the interests of corporations over the rights of individual people, such as in the Citizens United decision.

“Workers have a right to stand up for themselves” and to “represent their own interests,” Baker added.

Before the telebriefing, PFAW staff and supporters were at the Supreme Court demonstrating in support of the rights of working people as the justices heard arguments in the case.


You can listen to the full telebriefing below, and read affiliate PFAW Foundation’s new report on “Corporations, Unions, and Constitutional Democracy” here.

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PFAW

Hillary Clinton Lays Out Her Vision For the Supreme Court

In an op-ed today in the Boston Globe, former Secretary of State Hillary Clinton takes on what may be the biggest issue at stake in the 2016 election: the future of the US Supreme Court.

The court’s decisions have a profound impact on American families. In the past two decades alone, it effectively declared George W. Bush president, significantly weakened the Voting Rights Act, and opened the door to a flood of unaccountable money in our politics. It also made same-sex marriage legal nationwide, preserved the Affordable Care Act not once but twice, and ensured equal access to education for women.

On Election Day, three of the current justices will be over 80 years old, which is past the court’s average retirement age. The next president could easily appoint more than one justice. That makes this a make-or-break moment — for the court and our country.

That’s true. As People For the American Way recently laid out in our Judgment Day report, virtually every single important issue—from voting rights to guns to reproductive freedom to workplace fairness to the environment and beyond—will be at stake before the Supreme Court. And because the Justices most likely to retire in the next few years come from both sides of the bench, our country has the opportunity to pull the Court from its dangerous rightward lurch of the last decade—or to solidify a far-right majority for a generation.

But just as important as preventing the next president from appointing more Justices in the mold of Scalia, Thomas and Alito, we need to elect a President who will appoint extraordinary jurists who understand the profoundly progressive nature of our constitution. In her op-ed, Senator Clinton lays out what that looks like.

As president (and a lawyer and former law professor), I’ll appoint justices who will protect the constitutional principles of liberty and equality for all, regardless of race, gender, sexual orientation or political viewpoint; make sure the scales of justice aren’t tipped away from individuals toward corporations and special interests; and protect citizens’ right to vote, rather than billionaires’ right to buy elections.

Secretary Clinton isn’t alone in laying out a progressive vision for the Court. Senator Bernie Sanders has spoken repeatedly about the Supreme Court’s decision in Citizens United and how we need to "overturn this disastrous decision.”  And Governor Martin O’Malley has promised to “appoint judges who don't think corporations are people.”

All of this is good news for progressives—and why People For the American Way has been pushing so hard for more conversation about the importance of the Supreme Court as we head into the 2016 election. But it’s not enough.

In the coming weeks and months we’ll continue to push candidates of both parties to make clear what kind of judges they’d appoint to our nation’s highest courts, because, as Secretary Clinton says, “There’s a lot at stake in this election. Nowhere is this clearer than in the US Supreme Court.”
 

PFAW

PFAW’s Latinos Vote! 2015 Highlights

2015 was a banner year for People For the American Way’s Latinos Vote! program, which works to expose and counter anti-immigrant, anti-Latino rhetoric and policies from the far-right, the Republican Party, and GOP presidential candidates.

In 2015, PFAW was on the ground in key states discussing the importance of the Latino vote and the extreme agendas of the Republican Party and its presidential candidates. Frequently, we were joined by PFAW board member and civil rights icon Dolores Huerta in our efforts. PFAW also launched numerous Spanish-language radio and digital ads as part of our program.

PFAW’s Latinos Vote! 2015 Highlights

GOP Debates

Colorado

Leading up to the Republican debate in Colorado, PFAW organized a Latino voters and leaders roundtable to address the anti-immigrant, anti-Latino rhetoric and stances of the GOP candidates. Dolores Huerta and CO State Rep. Salazar headlined the event. Huerta also joined PFAW to participate in the My Country, My Vote rally in Boulder, CO before the debate.

Selected coverage:

NBC.com: Before GOP Debate, Political Opposites Condemn Anti-Immigrant Rhetoric

Fox News Latino: Latinos analizan inmigración y otros temas prioritarios en encuentro Denver

Univision Denver: Dolores Huerta conversa con votantes hispanos en Colorado

Telemundo Denver: Candidatos republicanos debatirán en Colorado

Latin Life Denver: “If We Don’t Vote The Haters Win,” Dolores Huerta, Colorado Latino Leaders and Voters Speak Out Against Republican Candidates

Wisconsin

Before the GOP debate in Wisconsin, Dolores Huerta joined PFAW staff and activists in Milwaukee to protest the extreme Republican candidates. PFAW partnered with local groups including Voces de la Frontera for a press conference and rally.

Selected coverage:

Univision: Debate republicano se llevaría a cabo en medio del tema migratorio

Latina Magazine: Dolores Huerta Sounds Off On the GOP Candidates for President

The Nation: A Billionaire, Some Millionaires, and a No-Show Senator Debate How Best to Block Wage Hikes

Telemundo Wisconsin: Dolores Huerta participó en una marcha en protesta al debate republicano en Milwaukee

CBS 58: 'Stop the Hate' Group to March Tuesday

Nevada

Huerta also traveled with PFAW to Las Vegas, Nevada for the most recent GOP debate. She participated in a Latino voters and leaders roundtable and spoke at the #NoHateDebate rally outside of the debate.

Selected coverage:

PBS Las Vegas: Ralston Live

El Tiempo: “Latinos decidan próximas elecciones”: Dolores Huerta

Las Vegas Review-Journal: Candidates Roll Through Las Vegas Ahead of Tuesday’s Debate

Univision Las Vegas: Varios manifestantes se expresan en contra de discursos anti-inmigrantes de pre-candidatos a la pres

An opinion piece by Dolores was also published on Univision.com before the debate: “Dolores Huerta: La guerra abierta de los republicanos contra latinos e inmigrantes.”

Statewide Elections

Virginia

Leading up to Virginia’s State Senate elections, PFAW launched the first Spanish-language ads to use Trump’s bigoted rhetoric to encourage voters to turn out to the polls. Dolores Huerta also joined PFAW staff and activists on the ground to get out the vote in Northern Virginia.

Selected coverage:

USA Today: How Trump is Helping Clinton: Latino Mobilization Takes Shape

Reuters: Trump Becomes Poster Boy for Efforts to Mobilize 2016 Latino Voters

Washington Post: Anti-Trump Ads to Soon Air on Spanish-Language Radio Stations in Northern Virginia

Washington Post: Democrats Use Anti-Trump Sentiment to Win Latino Votes in Local Elections

El Tiempo Latino: Dolores Huerta: “el voto latino traerá el cambio”

La Opinion: “Callarle la bocota a Trump”: comercial electoral enfocado en movilizar enojo de latinos

Huerta also appeared on Telemundo DC on the weekend leading up to the election to discuss the importance of the Latino vote and encourage voters to cast a ballot in the upcoming elections.

North Carolina

Dolores Huerta traveled with PFAW to North Carolina to get out the vote leading up to local elections in North Carolina, and to protest Gov. McCrory’s decision to sign a severely anti-immigrant bill, HB-318, into law.

In addition to numerous Spanish-language radio interviews, top coverage included:

La Noticia: Dolores Huerta: A votar para sacar a los antiinmigrantes del gobierno

El Progreso Hispano: Dolores Huerta rechaza en Charlotte la HB318

Mundo Latino: ¡A Votar!…es el mensaje para los nuevos ciudadanos USCIS juramentó a 50 nuevos ciudadanos en Charlotte

Scott Walker ALEC Conference

Just after announcing his candidacy for the president, Scott Walker headlined the annual meeting of the far-right, corporate-led American Legislative Exchange Council in California. Dolores Huerta joined PFAW to protest the event on the ground, and PFAW launched Spanish- and English- language ads in Wisconsin, California, Virginia, Ohio, Colorado, and North Carolina targeting Walker for his ALEC appearance and anti-immigrant stances.

Watch the ads here.

Selected coverage:

Los Angeles Times: In San Diego, Union Members Protest Conservative Group’s Gathering

Latin Post: Scott Walker on Immigration: Progressive Groups, Civil Rights Icon Dolores Huerta Takes Aim at 'Terrible' Walker

Fox News Latino: Activistas reciben con protestas reunión de ALEC en California

Jeb Bush Presidential Announcement

PFAW ran digital ads on Univision.com and in Florida, Colorado, North Carolina, and Virginia the week that Jeb Bush announced his campaign for president. The ad highlighted Bush’s opposition to the minimum wage and to a path to citizenship for undocumented immigrants.

Watch the ad here.

Selected coverage:

La Opinion: Dolores Huerta: “Jeb Bush Dice lo Que le Conviene”

Sunshine State News: On His Announcement Day, Democrats Go After Jeb Bush

The Pueblo Chieftain: Huerta: Jeb Bush Against Latinos

Viva Colorado also ran a piece by Dolores Huerta that targeted Bush for his harmful rhetoric and policies following his presidential announcement, “Un vistazo al precandidato republicano Jeb Bush.”

Marco Rubio Presidential Announcement

On the morning that Marco Rubio officially launched his presidential campaign, PFAW released Spanish-language radio ads that ran in Florida and Colorado criticizing Rubio for his dangerous agenda that ignores the interests of working families, including Latinos.

Listen to the ad, and read the English translation, here.

Selected coverage:

Tampa Bay Times: Spanish-Language Radio Ad Goes After Marco Rubio

El Nuevo Herald: El republican Marco Rubio se lanza a la presidencia

The Hill: Progressives: Rubio Bad for Middle Class

Dolores Huerta also published an op-ed in Florida’s El Nuevo Herald following Rubio’s announcement, “Marco Rubio, el candidato equivocado.”

Additional Highlights

In January, PFAW teamed up with American Bridge to release a Spanish language ad targeting Majority Whip Steve Scalise for speaking to a white supremacist group and calling out the Republican Party for its embrace of extremism.

Early this year, PFAW released a new report on the Libre Initiative, a right-wing organization attempting to win over Latino votes for the Republican Party, as part of our efforts to counter the Koch-funded organization.

Throughout 2015, PFAW has continually spoken out as GOP presidential candidates and the Republican Party followed Trump’s lead in anti-immigrant, anti-Latino rhetoric and policy positions. Additional press highlights, including op-eds by PFAW staff and PFAW board member Dolores Huerta included:

Univision: Al Punto con Jorge Ramos

USA Today: Dolores Huerta: El poder de la comunidad hispana el día de las elecciones

Univision.com: Marco Rubio eliminará la protección a jóvenes indocumentados aún sin reforma migratoria

Latin Post: People for the American Way's Carlos Sanchez Says GOP Needs Accountability in Anti-Immigrant Rhetoric

Fox News Latino: Opinion: GOP Targets Latinos’ Ability to Vote

El Tiempo Latino: Por qué los candidatos republicanos son malos para nuestra comunidad

Latina Magazine: Marco Rubio Says He’d End DACA if President

2016 Elections

PFAW’s Latinos Vote! program in 2016 will continue to expose and counter anti-immigrant, anti-Latino rhetoric and policies of the Republican Party and GOP presidential candidates. For more information about our program, please contact Laura Epstein (lepstein@pfaw.org).

 

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PFAW

Merry Christmas, Kentucky: Gov. Bevin Strips Voting Rights of 140,000 and Lowers Minimum Wage

Just in time for the holidays!

Kentucky’s brand new Tea Party governor just broke a campaign promise and REVERSED a positive move by his Democratic predecessor that had restored voting rights to some 140,000 Kentuckians.

Once again, Kentucky will be one of the very few states where people with felony convictions remain disenfranchised after completing their sentences. As ThinkProgress points out, this means that one in five African Americans in the state will be disenfranchised. Studies show that ex-felon disenfranchisement leads to higher rates of recidivism.  

Oh, and Bevin also lowered the minimum wage.

ThinkProgress has more:

In another executive order this week, Bevin reversed former Gov. Beshear’s move to raise the state’s minimum wage for government workers and contractors to $10.10 an hour, bringing it back down to $7.25 an hour. About 800 state workers who have already gotten raises will be able to keep them, but new hires will now have to start at the lower pay rate. In the order, Bevin hinted that he would prefer the state have no minimum wage at all: “Wage rates ideally would be established by the demands of the labor market instead of being set by the government,” he said.

PFAW

Dolores Huerta Joins PFAW for GOP Debate in Las Vegas

Leading up to the December 15 Republican presidential debate in Las Vegas, PFAW board member Dolores Huerta traveled to Las Vegas to speak with Nevada voters about the dangerous platforms of Republican presidential candidates. The trip was part of PFAW’s Latinos Vote! program, and this was the third GOP debate where Huerta joined PFAW on the ground to emphasize the extremism of the current Republican presidential candidates.

Her first stop was a Latino voters and leaders roundtable where she addressed the Republican candidates’ far-right platforms on a number of issues, including the environment, immigration, the minimum wage, and women’s health.

Huerta also headlined a press conference with unions and progressive organizations, and a #NoHateDebate rally outside of the debate. As the leading Nevada newspaper, the Las Vegas Review-Journal, reported, “Presidential Medal of Freedom recipient and civil rights champion Dolores Huerta said ‘there's a war going on’ against women, labor unions and the environment, and it's being waged by the candidates who will take the stage in Las Vegas Tuesday night and their respective party.”

Watch her speech at the #NoHateDebate rally:

Mobilizing voters in Nevada will be a key to Democrats winning the White House in 2016. In 2008 and 2012, Obama won Nevada, but in the 2014 elections, Republicans won up and down the ticket. The state is one of the targets for PFAW’s Latinos Vote! program that works to expose and counter anti-immigrant and anti-Latino rhetoric and policies, as Nevada Latinos could be the margin of victory for Democrats in Nevada in 2016. While in 1994 Latino voters were just 5% of the electorate, they’re now 15% of the voting population. By speaking directly with Latino voters and to local media, Huerta was able to address how important the Latino vote will be in Nevada and the dangerous threat that the Republican presidential candidates pose to Latino and immigrant communities. 

PFAW

Report Calls For Stronger Accountability Against Charter School 'Profiteering'

A new report published this month by the National Education Policy Center at the University of Colorado Boulder examines the ways that “charter school policy functions to promote privatization and profiteering.”

The report’s authors, Bruce Baker of Rutgers University and Gary Miron of Western Michigan University, identify four major policy concerns:

  1. A substantial share of public expenditure intended for the delivery of direct educational services to children is being extracted inadvertently or intentionally for personal or business financial gain, creating substantial inefficiencies;
  2. Public assets are being unnecessarily transferred to private hands, at public expense, risking the future provision of “public” education;
  3. Charter school operators are growing highly endogenous, self-serving private entities built on funds derived from lucrative management fees and rent extraction which further compromise the future provision of “public” education; and
  4. Current disclosure requirements make it unlikely that any related legal violations, ethical concerns, or merely bad policies and practices are not realized until clever investigative reporting, whistleblowers or litigation brings them to light. 

Al Jazeera America quotes National Education Policy Center Director Kevin Welner:

“What we found is that there are a host of real estate and tax laws that were not put in place with charter schools in mind, but that the owners of charter school enterprises are using in order to profit. I think that understanding the nature of the charter school gravy train, as I call it, is extremely important for the public and policymakers.”

Charter school laws across the country vary wildly in terms of accountability, and school privatization proponents have become big spenders on state-level politics and lobbying in order to win laws that maximize their access to cash while minimizing their accountability to the public.  A recent Associated Press investigation in Florida examined taxpayer funding for charter schools that closed down, finding that “charter schools that receive millions of taxpayer dollars often spend the money on non-tangible assets, including lease payments for facilities,” meaning there are few tangible assets for school districts or taxpayers to recover if a school closes.

Baker and Miron, the authors of the new NEPC report, argue that the “financial incentives embedded in state law, combined with the need for most of the companies to make a profit” have led to schools being run by charter chains or “educational management organizations” to operate “in ways that are often at odds with the goals of charter school reforms and, ultimately, the public interest.”

As we have noted before, all charter schools are not the same – some do an excellent job educating students and some do worse than their public school counterparts. But the original purpose of charter schools – to be labs allowing creative teachers some freedom to identify new approaches that could strengthen public schools – has frequently been flipped on its head, wrote Richard Kahlenberg and Halley Potter in “A Smarter Charter: Finding What Works for Charter Schools and Public Education.” Often teachers are forced to follow rigid rules while administrators and/or corporate operators rake in huge amounts of money diverted from public schools. Charters are often promoted under the broad  “school choice” mantle along with vouchers and other tax schemes as part of a broader privatization movement that seeks to dismantle public education and undermine teachers unions.

The NEPC report offers a set of specific policy recommendations designed to address areas of concern, improve transparency, and strengthen accountability for the public subsidies received by charter schools and management organizations that operate them. 

The need for greater accountability was also the focus of “The Tip of the Iceberg,” a report published earlier this year by the Alliance to Reclaim Our Schools and the Center for Popular Democracy, which estimated $1.4 billion would be lost to “corruption and mismanagement in charter schools” in 2015.

Change is possible. For years, Ohio’s charter school sector has been the source of embarrassment and scandal, characterized by the Columbus Dispatch as “[f]ailure to close poor-performing schools,mismanagement of taxpayer dollars, and an abundance of conflict of interest issues” -- what ProgressOhio called “a national joke.” Earlier this year, the man chosen by to oversee charter school accountability in the state was forced to resign “after getting caught manipulating school ratings to cover up for chronically failing online charter schools.” But after previously failed attempts to reform the state’s charters, a new law passed this fall with bipartisan support. And in November ProgressOhio cheered the announcement that Richard Ross would step down from his position as State Superintendent of Education, which the group said “gives the state a chance to properly enforce a sweeping new charter school accountability law.”

 

PFAW

PFAW Year-End Member Telebriefing

Last week, PFAW hosted its year-end member telebriefing on the Right Wing in 2015, discussing the parade of horribles we’ve heard in 2015 and previewing what we can expect from the right-wing movement and the Republican presidential candidates going into this critically important election year.  PFAW Communications Director Drew Courtney moderated the call, and he was joined by Brian Tashman, Senior Research Associate at PFAW’s Right Wing Watch; PFAW Political Director Randy Borntrager; and PFAW Executive Vice President Marge Baker.

Tashman gave an overview of the extreme rhetoric and policy positions that the Republican presidential candidates have staked out this year. As Tashman explained, we saw “another dark turn in the GOP field. Trump has moved all the major candidates far to the right, discussing topics once considered beyond the pale, like deporting 11 million undocumented immigrants or banning people from entering our country based on their religion.”

Tashman highlighted that Donald Trump is far from the only extreme candidate in the race. Just a few examples that Tashman detailed of other candidates embracing the far-right included that Ted Cruz is touting the endorsement of radical gun activists and an anti-abortion leader who went so far as to support the death penalty for abortion providers. Marco Rubio, for his part, has actually said that local government officials can violate the Supreme Court if they believe that a ruling interferes with their understanding of religion. And Rubio has spoken out against all abortion – even in cases of rape and incest.

Borntrager laid out the dynamics at play in the 2016 presidential election. He explained that Republican candidates will be forced to take to the general election the extreme policy positions that they’re advocating for now. This will likely prove very problematic for the Republican candidates because, as Borntrager said, the “Republican brand is way out of touch with mainstream America.” From speaking out against refugees to supporting mass deportation policies, the positions of the Republican candidates are far to the right of most Americans.

In responding to questions from PFAW members, Borntrager and Baker stressed the importance of pushing back against the fear mongering that the Republicans are engaging in. Baker encouraged members to continue to speak out against the Republican xenophobia by educating their friends and neighbors through facts about, for example, our nation’s immigration policies and refugee screening process. Of course, she also said that we can and should emphasize that the GOP positions on immigrants, Muslims, and refugees are, quite frankly, un-American.

Borntrager discussed PFAW’s specific efforts to expose and counter anti-immigrant, anti-Latino speech from the GOP candidates through PFAW’s Latinos Vote! program. PFAW staff and members have joined PFAW board member and civil rights legend Dolores Huerta to push back against the GOP candidates’ extremism. Just last week for example, Huerta joined PFAW to participate in a #NoHateDebate in Las Vegas leading up to the most recent GOP debate there. In 2016, PFAW will continue to monitor and expose the far-right movement and will engage even further in holding Republican candidates accountable for their dangerous rhetoric and policy positions.

Listen to the full telebriefing here:

PFAW

On Judges, the Worst Year Since 1960

At the end of the year, Senators of both parties often reach agreements to clear the decks of consensus judicial nominees.  At least that was often the case before the Obama-era Republican Party went into “resistance movement” mode and set out to sabotage all things Obama.  Now, as Republicans end their first year in control of the Senate, there are 13 consensus circuit and district court nominees waiting for a floor vote… and they have agreed to confirm exactly zero of them before leaving town.

What they have agreed to is the following:  (1)  unopposed Third Circuit nominee Phil Restrepo, approved by the Judiciary Committee back in July, will finally have his confirmation vote on January 11; (2) Majority Leader Mitch McConnell will schedule votes on four unopposed district court nominees some time in January or February, before the President’s Day recess; (3) Republicans will not send any judicial nominations back to the White House, which would have forced them to be renominated and re-approved by committee.

Republicans also gave up in their efforts to bypass all blue-state nominees and let red-state ones skip over them toward confirmation.  The nominees whose votes have been agreed to are highlighted below.  They are not being taken in order, but ones from both blue and red states alike are being skipped.

  1. L. Felipe Restrepo (PA, Third Circuit) – July 9
  2. Waverly Crenshaw (TN) – July 9
  3. Wilhelmina “Mimi” Wright (MN) – September 17
  4. John Vazquez (NJ) – September 17
  5. Paula Xinis (MD) – September 17
  6. Brian Martinotti (NJ) – October 29
  7. Robert Rossiter (NE) – October 29
  8. Edward Stanton (TN) – October 29
  9. Rebecca Goodgame Ebinger (IA) – November 5
  10. Leonard Strand (IA) – November 5
  11. Julien Neals (NJ) – November 5
  12. Gary Brown (NY) – November 5
  13. Mark Young (CA) – November 5

So while President Bush had 40 judges confirmed in 2007 when Democrats retook the Senate, the GOP-controlled Senate will end the year confirming only 11 of President Obama’s judges.  This is the lowest number of circuit and district court judges confirmed in a year since 1960, the end of the Eisenhower era, when there were fewer than half the number of judgeships than there are today.

All 13 of the above nominees could be confirmed today.  They should be confirmed today.  That they won’t be is a testament to the little regard Senate Republicans hold for the federal court system that guarantees the rights of every American.

PFAW

Ginsburg Calls Out the Roberts Court's Empowering of the Powerful

The Supreme Court issued a ruling today in another of its series of arbitration cases.  Yet again, the Court upheld the ability of a powerful corporation to force consumers to agree to arbitration and sign away their right to engage in class action should the company violate their legal rights.  Class actions are a vital mechanism to hold large businesses accountable.  We’ve been writing about this trend for the past several years in cases like AT&T v. Concepcion and American Express v. Italian Colors Restaurant.

Unlike the other cases, today's ruling in DIRECTV v. Imburgia was not 5-4 in the predictable lineup.  Instead, it was 6-3, with Justice Breyer writing the opinion, joined by Justices Kagan, Scalia, Alito, Kennedy, and Chief Justice Roberts.  Justice Ginsburg (joined by Justice Sotomayor) dissented, while Justice Thomas had a separate dissent.

Ginsburg’s dissent opened up with clear description of how the Roberts Court has empowered corporations and weakened consumers:

It has become routine, in a large part due to this Court’s decisions, for powerful economic enterprises to write into their form contracts with consumers and employees no-class-action arbitration clauses.  …  Acknowledging the precedent so far set by the Court, I would take no further step to disarm consumers, leaving them without effective access to justice.

Americans have long been able to count on strong consumer protection laws to protect them for being victimized by predatory corporations.  Those laws, including the right to class actions, have been essential in letting ordinary people stand as equals to giant corporations and hold those businesses accountable.  Ginsburg is correct to say that the line of 5-4 arbitration cases has left us “disarmed,” because giant corporations are increasingly empowered to change the relationship between buyer and seller into one between predator and prey.

We are, indeed, disarmed and without effective access to justice … despite laws designed to protect us.

In closing, Ginsburg wrote that the Court is:

further degrading the rights of consumers and further insulating already powerful economic entities from liability for unlawful acts.

We deserve better from our nation’s Supreme Court.

PFAW Foundation

Senate GOP Floats Plan to Politicize Judges Even More

Yesterday, Senate Republicans – who have allowed only 11 judicial confirmation votes the entire year – at long last agreed to schedule a vote for consensus Third Circuit nominee L. Felipe Restrepo.  The agreement came five months after he cleared the Judiciary Committee unanimously.  As if that needless wait weren’t already evidence of partisan obstruction, Republicans agreed to the vote only if it could be delayed by more than another month, until January 11.

And today, Roll Call is reporting on GOP plans to ramp up partisanship in judicial nominations even more:

Yet there is a decent chance Congress will go home for the year without [confirming anyone].  That would be a signal the process of confirming judges, already at its slowest pace in more than half a century, is grinding to a halt earlier than ever in the life cycle of a modern two-term president.

It remains likelier that, before adjourning next week, the majority Republicans will agree to create a handful of new judges — but perhaps only [Tennessee nominee Waverly Crenshaw] and four more who would also join U.S. District Courts in states represented by two GOP senators.

Currently, there are 13 circuit and district judicial nominees who have been waiting for a confirmation vote, some since as long ago as July.  When Majority Leader Mitch McConnell finally schedules a vote on such a nominee, it has usually been in the order that they came out of the Judiciary Committee (and, when nominees advance on the same day, the order that they are listed on the Senate Executive Calendar).  Below is the list of nominees, in order, including the date they were approved by the Judiciary Committee and became eligible for a confirmation vote.  All but Restrepo would serve on district courts.  The list is color coded by partisanship of home state senators (with Restrepo the only one represented by both a Republican and a Democrat).

  1. L. Felipe Restrepo (PA, Third Circuit) – July 9
  2. Waverly Crenshaw (TN) – July 9
  3. Wilhelmina “Mimi” Wright (MN) – September 17
  4. John Vazquez (NJ) – September 17
  5. Paula Xinis (MD) – September 17
  6. Brian Martinotti (NJ) – October 29
  7. Robert Rossiter (NE) – October 29
  8. Edward Stanton (TN) – October 29
  9. Rebecca Goodgame Ebinger (IA) – November 5
  10. Leonard Strand (IA) – November 5
  11. Julien Neals (NJ) – November 5
  12. Gary Brown (NY) – November 5
  13. Mark Young (CA) – November 5

Under the scheme being floated by Senate Republicans, “their” nominees would skip over four district court nominees who come from states with Democratic senators, even though the blue-state nominees have been waiting longer for a vote.  Individuals and businesses in Minnesota, New Jersey, and Maryland would be punished by Mitch McConnell for electing the “wrong” senators, yet another escalation by the GOP in their politicization of the judicial confirmation process.

Every nominee waiting for a vote has been fully vetted by the Judiciary Committee and advanced without opposition to the full Senate.  Each should have a vote before senators go home.  It is bad enough that Restrepo has been needlessly put off to January.  Gaming the list to disfavor certain nominees based on which party their state’s senators belong to would add insult to injury.

PFAW

Republicans Created Trump; They Must Stand Up To Him

This article originally appeared on the Huffington Post.

Donald Trump made one of the most stunning political statements in recent memory yesterday when he called for "a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on." 

Campaign spokespeople quickly clarified that Trump was referring not only to a blanket ban on Muslim immigrants, but also to preventing Muslims from coming to the U.S. as tourists and possibly even preventing American citizens who are traveling or living abroad from returning home. (He generously made an exception for Muslim members of the military.)

Trump continues to be the frontrunner in the Republican presidential primary. It's time for party officials to reckon with what they have created.

Trump is the product of a party that has for decades thrived on stirring up fears of a scary "other" -- from the Southern Strategy to Willie Horton to the persistent rumors that President Obama is a secret Muslim or Kenyan or both. The Republican establishment has for years tolerated its candidates rubbing shoulders with the most extreme elements of its base, whether it's the white nationalists who have spoken at CPAC or the parade of extremists at each year's Values Voter Summit. 

But there are certain things leading Republicans have largely been careful not to say out loud. Until now.

Trump, building off the Right's campaign to paint undocumented immigrants as dangerous invaders, launched his campaign by announcing that Mexican immigrants were rapists, drug dealers and other criminals. Then, when the news cycle shifted, he shifted his bigotry. He has spent the last several weeks repeating the objectively untrue claim that "thousands and thousands" of Muslim Americans in New Jersey took to the streets to celebrate the 9/11 attacks. He suggested shutting down some mosques and refused to rule out the possibility of a national database of American Muslims

Trump's relentless stream of bigotry isn't turning away the far-right base of the GOP. Instead, he remains at the top of Republican presidential polls. 

It's not enough for Trump's rivals and the party's leadership to say they disagree with his absurd plan to bar Muslims from the country. They must reckon with what their party has become and, if they don't like it, speak out forcefully on behalf of the American values of freedom, liberty and pluralism. It's not enough for them to reject one outrageous plan. They must speak out against bigotry and prejudice. And they must make clear that even if Trump were to become the party's nominee, he would be on his own.

The Republican Party created Trump. Now it's time for them to take responsibility and, if they don't like what Trump is saying, take a strong stand for what is right.

PFAW

Charles Koch To Support Candidates Who Support His “Right” to Buy Elections

In an interview released last week with Susan Peters of KAKE-TV, the ABC affiliate in Wichita, Kansas, Charles Koch shared his top factor in supporting 2016 candidates:

Koch said, “The number one thing I would look at in supporting anyone in politics: Are they for the first amendment? Are they for freedom of speech?”

“So, do you consider your donations freedom of speech?” [Peters] asked.

“Absolutely, they are,” he said.

That the number one criteria of a man whose network plans to spend hundreds of millions on next year’s elections is whether they are “for the First Amendment” – that is, a radical reinterpretation of the First Amendment to prohibit Americans from effectively addressing the corrosive effect of money on our democracy – speaks volumes about the way the power of those already on top is preserved and expanded in our country. Koch, one of the wealthiest people in the country, already holds unparalleled influence in politics through the extraordinary sums of money flooding our elections from the Koch-led network, Koch Industries, and the Kochs themselves. And now, Koch’s top priority for whether he will bankroll future candidates is, in effect, whether they support his ability to continue to spend unlimited sums of money to buy elections.

This exchange is Exhibit A on the extent to which our campaign finance system is utterly broken. With our lawmakers unable to set commonsense limits on money in elections in the wake of decisions like Citizens United, Charles Koch is free to pour unlimited amounts of cash into our democracy. And he’s free to make a condition of his financial support a commitment to perpetuating that broken system.

It’s no wonder that 85 percent of Americans think we need a complete overhaul of our country’s campaign finance system. Without it, a handful of billionaires can continue to set the agenda for all of us – even when it’s an agenda targeting the rights and interests of most Americans.

PFAW

Standing United Against Harmful Policy Riders

Eight days out from the December 11 government shutdown deadline, clean budget advocates are standing united against harmful policy riders that advance ideological agendas rather than fund must-needed programs and services for the American people.

In the House, newly minted Speaker Ryan offered a Republican proposal chock-full of sneaky provisions that help special interests exert outsized influence over the political process. It was swiftly rejected by Democrats and rebuked by the White House.

The White House on Wednesday accused Republicans of threatening a government shutdown by attaching dozens of controversial riders to a must-pass spending bill.

“Congressional Republicans are whistling past the graveyard of a government shutdown,” White House press secretary Josh Earnest told reporters.

Earnest slammed GOP lawmakers for what he said is an effort to “lard the bill up with ideological riders” in order “to compensate for their pretty sorry legislative record thus far this year.”

House Democrats have warned for some time that such ploys are wholly unacceptable.

Unfortunately, nearly all of the appropriations bills approved this year have included deeply divisive policy riders that-if attached to an omnibus spending package-could lead to yet another unnecessary political impasse or even a damaging government shutdown. To avoid these harmful outcomes, we strongly urge you to bring forward legislation to fund the federal government that is free of poison-pill provisions.

Senate Democrats too are outraged at the GOP's unrelenting prioritization of political gamesmanship in the face of budget catastrophe. Senators Bill Nelson, Jack Reed, Elizabeth Warren, and Jeff Merkley took to the floor Wednesday to decry riders that would gut the sweeping financial reform package that passed in 2010, which included the establishment of the Consumer Financial Protection Bureau.

People For the American Way proudly stands with them and is an active member of the nearly 200-strong anti-riders coalition.

We urge Members of Congress and Senators to oppose flawed funding proposals . . . if they come to the floor attached to the omnibus funding package. We further urge the administration in the strongest possible terms to oppose any funding package that includes these or any other dangerous legislative proposals. If included in a final package, any ideological policy riders would undo key safeguards and protections for Main Street.

PFAW is also among women's health advocates pushing back against riders.

As Congress continues its attacks on Planned Parenthood, which provides critical, high-quality health care services to millions of women, men, and young people, the undersigned organizations write to strongly oppose any consideration in year-end funding legislation of ideological policy riders that are harmful to women’s health and to support efforts towards a budget deal that stops sequestration and raises the spending caps that continue to harm women’s health.

Opponents of women’s health have used the appropriations process to undermine women’s access to comprehensive reproductive care, including access to safe and legal abortion. We continue to strongly oppose policy riders that deny insurance coverage of abortion for women enrolled in Medicaid, women who work for the federal government, women who live in the District of Columbia, and others.

Please join us by signing our clean budget petition:

Republicans in Congress have introduced a budget bill jammed with ideological party riders that undermine our rights, our health, and our democracy. These riders could strip funding for women's health services, environmental protections, campaign finance regulations, and more.

Our budget shouldn't be used by lawmakers to push extreme agendas and do favors for special interests.

PFAW

In Time of Crisis, Too Many Politicians Feed Fear and Scapegoating

This post originally appeared on the Huffington Post.

In the somber days since ISIS terrorists killed 130 people in coordinated attacks on Paris, elected leaders from around the world have been searching for solutions. But far too many American politicians have fallen back, instead, on that old standby in times of crisis: Stirring up fear and finding someone, anyone, to scapegoat, no matter how unconnected the scapegoated person is with the problem at hand.

Sadly, in Congress that took the form of a House vote to in essence stop the U.S. resettlement of refugees from Iraq and Syria by imposing nearly impossible bureaucratic requirements on what is already the toughest vetting system for anyone seeking entry into the U.S. This bill was scapegoating in its purest form, framing as terrorists people who are fleeing the very violence that this bill was supposedly trying to prevent. 

The House vote -- in which 47 Democrats joined nearly every Republican -- was the culmination of a week of cowardice and bigotry sweeping the political landscape.

There was the Missouri state legislator who urged his governor to watch out for "all flavors" of Muslims and the mayor of Roanoke who invoked the internment of Japanese-Americans during World War II as a positive model for how to treat American Muslims. 

And there were the 31 governors who declared that their states would turn away Syrian refugees who go through the U.S. refugee resettlement program. 

Not wanting to miss out on the action, of course, Republican presidential candidates have been tripping over themselves to outdo one another. Donald Trump hasspeculated that refugees from Syria "could be one of the great Trojan horses." Mike Huckabee, in what can't even be described as a dog-whistle, has told Americans to "wake up and smell the falafel" when it comes to Syrian refugees. Chris Christie saidhe'd get tough on Syrian orphans. Ted Cruz has suggested that the U.S. only admit Christian refugees from Syria, although how he plans on testing people's religious faith is unclear. Jeb Bush has hinted at the same thing, saying he would back refugees who can "prove" that they're Christian, which shows what this is all about. If you have a system that's strong enough to "prove" someone's true religion, don't you think it could also properly vet people for national security purposes? Jeb Bush was supposed to be the mature establishment candidate. So much for that.

These politicians are feeding what a new Public Religion Research Institute pollreports is an "increased xenophobic streak in the American public." It's no coincidence that threats against American Muslims have been reported across the country in the days since the Paris attacks.

It is of course reasonable to ask that refugees be vetted -- they already are -- but if security were the real issue, our current debate wouldn't be about refugees at all. In fact, if someone were intent on sneaking into America to cause harm, exploiting the refugee resettlement program with its intensive and lengthy screening processes would be the hardest way to do it. No, what is behind the anti-refugee campaign of the Right is not reasonable concerns about security, but something much uglier.

The candidates who are now spewing cynical anti-refugee rhetoric are often the same ones who claim that their opponents don't believe in "American exceptionalism," and the movement so willing to embrace explicit anti-Muslim bigotry is the same one constantly telling us that religious freedom is under attack. They seem to have forgotten the vibrant pluralism and commitment to shared values that make us exceptional, and a beacon of freedom to the persecuted, in the first place. Looking back on the history of our country, our best days have been when we opened ourselves to people facing persecution, not the times we turned them away and demonized them. Let's not let this become the American Way.

PFAW

PFAW Telebriefing: The Future Of Voting Rights

Last week, People For the American Way hosted a telebriefing for members to review the recent attacks on voting rights and illustrate PFAW’s vision for the future of voting rights in America. PFAW Communications Director Drew Courtney moderated the discussion with PFAW’s Director of Outreach and Public Engagement Diallo Brooks, Executive Vice President Marge Baker, and resident Supreme Court and judicial nomination expert Paul Gordon joining the call.

Drew began the call with an introduction to the consequences of the Shelby County v. Holder Supreme Court case, which gutted key provisions of the Voting Rights Act. The decision has resulted in many states passing new legislation that results in voter suppression. Diallo explained that 36 states have passed new restrictions on early voting and more strict voter identification laws, which disproportionately affect people of color, low-income citizens, and women. Supposedly, these efforts attempt to prevent voter fraud. However, voter fraud is not documented as a widespread, or even small-scale, problem anywhere in the country. Marge later elaborated that there is evidence that true intention of passing these laws is to suppress the vote; many right-wing organizations have acknowledged that conservative leverage in elections goes up as the voting populace goes down.

Many members called in with pertinent questions, including one about how members can be more involved in the fight for voting rights. Diallo described how People For the American Way Foundation’s African American Ministers network has been active on the ground helping folks understand their local laws so that they can obtain the correct identification and register successfully. He also suggested people get involved in local groups that do similar work.

Marge detailed how people can get involved in PFAW’s efforts to fight for fair and just courts, which have an enormous impact on voting rights. The winner of the 2016 election will have the opportunity to nominate as many as four Supreme Court justices, and therefore have influence over critical voting rights cases following Shelby County v. Holder. The Supreme Court is not the only place where the fight is occurring. Marge described court challenges to voter suppression laws in numerous lower federal courts and in state courts, further highlighting the importance of courts in the progress for voting rights.

Diallo ended the call on a positive note, describing recent municipal and state-level expansions to early voting and motor voter laws, which allow citizens to automatically register to vote when they interact with the Department of Motor Vehicles.

Listen to the full briefing here:

PFAW