As Washington Begins Debate on Gun Violence Bills, National Responses Vary

As the U.S. Senate prepares to consider a package of gun violence prevention proposals this week, Republicans face a choice: whether to side with the vast majority of Americans who want common sense gun regulation, or with the radical pro-gun fringe.

Today, a group of far-right, NRA-backed Senators are threatening to use the filibuster to shut down the debate on gun safety measures backed by over 90 percent of Americans. In a letter to Senate Majority Leader Harry Reid this week, Senators Rand Paul, Ted Cruz, and Mike Lee pledged to “oppose any legislation” that seeks to expand background checks or crack down on interstate gun trafficking. Joining them in the letter are eleven other Republican senators, including Minority Leader Mitch McConnell.

Legislators on both sides of the aisle have rebuked these blind filibuster threats as extreme and unnecessary. Top GOP Senators Lindsey Graham, Tom Coburn, and Johnny Isakson have all called on fellow conservatives to allow a vote on gun safety legislation. On Sunday’s Face the Nation, Senator John McCain joined in questioning the Republicans who have threatened to filibuster gun legislation they haven’t even seen yet:

"I don’t understand it. The purpose of the United States Senate is to debate and to vote and to let the people know where we stand,” McCain said.

While some legislators continue to impede progress on this issue, others, such as Democratic Senator Joe Manchin and his GOP colleague Senator Pat Toomey have renewed efforts to spearhead a bipartisan agreement on background checks. Yesterday, the two senators announced an agreement on a deal that expands background checks to gun shows and internet purchases.

Meanwhile, President Obama traveled to Connecticut on Monday to remind Americans how important their voice is as the gun debate unfolds. While there, he blasted the efforts by some Senate Republicans to shut down the discussion:

"They’re not just saying they’ll vote no on ideas that almost all Americans support,” Obama said. “They’re saying they’ll do everything they can to even prevent any votes on these provisions. They’re saying your opinion doesn’t matter, and that’s not right.”

The obstructionist tactics used by the far-right senators are sadly part of a larger national backlash to discussions about common-sense gun regulations. Last month, Montana's legislature passed a bill that would have forbidden state law enforcement from cooperating with federal officials in enforcing a ban on semi-automatic weapons or high-capacity magazines, should such bans ever become law.

Bills in other states seek to outright nullify federal gun laws, including those passed in the Wyoming House and Kentucky Senate. These bills aren’t just terrible for safety, they’re also unconstitutional.

Luckily, there are still those who are willing to stand up to these mindless obstructionist tactics from the right. Late last week, Montana Governor Steve Bullock vetoed the state’s proposed bill, calling it “unnecessary political theater that would not meaningfully protect our Second Amendment rights.”

Other governors have gone a step further in standing up against right-wing intimidation by calling for their state’s gun violence prevention laws to be reinforced. Last week, Connecticut Governor Dannel Malloy signed the nation’s most far-reaching gun violence prevention bill. The bill, approved by bipartisan votes in both chambers, adds more than 100 weapons to the state’s ban on assault weapons, limits the capacity of ammunition magazines and requires background checks for all weapon sales, including at gun shows:

“This is a profoundly emotional day for everyone…when 92% of Americans agree that every gun sale should be subject to a background check, there is no excuse not to make it federal law” Malloy said.

In recent months, legislatures in Colorado , Maryland, and New York have all advanced their own measures to combat gun violence. Collectively these states have demonstrated the courage to stand up to the bullying tactics of the big gun lobby and their allies on the far right. These states have shown the effectiveness of speaking out against the radical agenda coming from right-wing politicians on the state and national level and have sent a message to Washington that action needs to happen.

The last thing our nation needs now is obstructionist tactics leading to watered down, ineffective legislation. We need a meaningful, national response to gun violence in America. But for that to happen, Republicans are going to need to stand up against the radical pro-gun Right, and for common sense.

PFAW

This is How Judicial Nominations are Supposed to Work

President Obama will end his second term with more vacancies on the federal courts than there were when he started. Today there are 99 vacancies on the federal circuit and district courts, 33 of which are for courts that are so busy that they’ve been officially designated “judicial emergencies.” This glut of vacancies is in large part due to Senate Republicans’ persistent obstruction of the president’s nominees – even the ones from their own states who they purportedly support. During President Obama’s first term, judicial nominees have had to wait on average three times as long after committee approval for a vote from the full Senate as did nominees in President George W. Bush’s first term.

But some vacancies are due to a less well-known but all too common delay at the very start of the nominations process.

Before he makes a nomination to the federal judiciary, President Obama asks senators from the state where the vacancy has occurred to present him with recommendations. It’s a way to identify nominees from any given state and to ensure home-state, often bipartisan, support for nominees. The problem is, senators from both parties have too often dragged their feet in recommending acceptable nominees, leading to often years-long vacancies in the federal courts.

These vacancies exist despite the fact that most federal judges give months, sometimes even a full year of notice before retiring or taking senior status (semi-retirement) so that a replacement can be found.

This week, senators from Colorado and New Mexico showed how the process is meant to work – and how it would work, if all senators followed their lead.

In Colorado, district court judge Wiley Daniel announced last winter that he would be leaving his seat in January 2013. Colorado senators Mark Udall and Michael Bennet set up a bipartisan commission to find qualified nominees for the seat in a timely manner. They then recommended a set of finalists to the White House, which in turn nominated Raymond P. Moore on Tuesday, before the seat he would fill becomes vacant. Of the 18 future vacancies currently listed by the Administrative Office of U.S. Courts, Colorado is one of only two states with a nominee.

In New Mexico, Judge Bruce Black announced in June that he would be leaving the court in October, just a few short months. So New Mexico’s senators, Tom Udall and Jeff Bingaman, announced their bipartisan commission that very day, leading to the president’s nomination yesterday of Kenneth John Gonzales to fill the vacancy.

There is no excuse for seats on the federal courts to be left open for years, as caseloads multiply and litigants face delays. The senators from Colorado and New Mexico showed how the front end of the judicial nominations process can be efficient and fair.

PFAW

Getting the inside scoop on voter suppression

The Right to Vote under Attack: The Campaign to Keep Millions of Americans from the Ballot Box, a Right Wing Watch: In Focus report by PFAW Foundation explains the methods the Right is using to suppress the vote under the guise of preventing non-existent “voter fraud.” It also shows the disproportionate effects that this has on minorities and other vulnerable populations. We’ve continued to highlight a national trend toward massive disenfranchisement, such as requests for citizenship data to purge the voting rolls and voter ID.

Last Thursday a Heritage Foundation panel discussion featured people who are leading the charge.

Colorado Secretary of State Scott Gessler:

We’ve got bloated and inaccurate voter rolls. We have a very loose honors system when it comes to voting in this country when it comes to both registration and voting as well, often times for example […] no photo ID required. And over time we have seen the increased use of mail-in ballots, which has good points, but also increases a very common avenue for voter fraud.

Kansas Secretary of State Kris Kobach:

When I was sworn in as Secretary of State in Kansas in January 2011 my primary objective was to set about drafting the strongest anti-voter fraud law possible in any state […] The Secure and Fair Elections Act made Kansas the first state to combine three things. Some states had done one or more of these, but we’re the first state to have photo ID at the polls, equivalent protection for mail-in ballots, so that you have to have signature verification on the ballot application before the mail-in ballot is sent out and you have to have either a photo copy of a qualifying photo ID or full Kansas driver’s license number or non-driver ID with the application coming in. And then thirdly, Kansas requires proof of citizenship at the time newly registered voters register to vote. [Link added]

South Carolina Attorney General Alan Wilson:

When you hear out there that the implementation of voter ID and photo ID requirements in various states is akin to taking us back to the Jim Crow era or back to a time in the civil rights movement I find it insulting for those who actually lived through that time for people to make those analogies. When people say that this is an attempt to suppress minority votes, or that this is a solution in search of a problem, I find that very disconcerting.

Former Congressman Artur Davis:

[Waving his driver’s license] It’s a very tiny little thing that will fit in a breast pocket, will fit in a wallet. Carry it next to your pager, your Blackberry. It is not a billy club, if you look at it that’s clear. It’s not a fire hose.

Catherine Engelbrecht, president of True the Vote:

We’re helping to support hundreds of citizen-led election integrity organizations […] If our rate of growth continues we believe it is entirely possible that we might mobilize up to a million new volunteers into the election process between now and November 2012.

These Heritage panelists represent more examples of how the Right continues to adamantly deny the disenfranchising effects of the laws they are pushing, while redoubling their efforts to keep voters from the polls. And if recent events are anything to go by, those True the Vote volunteers will make the election more intimidating, less free, and less fair.

In other news heard straight from the horse’s mouth, former Florida Republican Party Chairman Jim Greer admitted recently that Republican officials have made deliberate attempts to prevent blacks from voting. Greer’s deposition, though part of his own criminal corruption trial, lends eyewitness testimony that these efforts are designed to subvert the right to vote. They certainly aren’t short on intention.

PFAW Foundation

Push for citizenship data goes viral

After granting Florida access to its Systematic Alien Verification for Entitlements (SAVE) database, the Department of Homeland Security has begun discussions with a growing number of states who’ve requested the same.

State election chiefs, including Texas Secretary of State Esperanza Andrade and New Mexico Secretary of State Dianna Duran, claim the SAVE database will help identify noncitizens, but it is not a complete list of citizens, and therefore not entirely reliable. Colorado Secretary of State Scott Gessler has even acknowledged that he doesn’t have any confirmed cases of voter fraud, yet has pressed DHS for data, and recently filed open-records requests with jails for lists of anyone held on an immigration detainer since 2010 and ran them against the state’s voter registration database.

The growing push for such information has left voting rights advocates worried that more Florida-like purges are on the horizon – a threat that could potentially leave thousands of eligible voters disenfranchised for November’s general election.

Elena Nuñez, Colorado Common Cause, Executive Director:

Particularly in Colorado, as a swing state in a hotly contested election, we should all be doing everything we can to encourage all eligible voters to register and participate. To have the chief elections officer putting out a message that he thinks that some people shouldn't be on the rolls creates this atmosphere that's unwelcoming.

Carlos Duarte, Mi Familia Vota Texas, Director:

This is happening so close to the election that the actual effect is going to be disenfranchising people who otherwise should be eligible to vote.

Viki Harrison, Common Cause New Mexico, Executive Director:

I think the real crisis in voting is that 50 percent of New Mexicans who are eligible to vote are not registered. And we’re worried about things like this?

For more information, click here, here, and here, and be sure to check out The Right to Vote under Attack: The Campaign to Keep Millions of Americans from the Ballot Box, a Right Wing Watch: In Focusreport by PFAW Foundation.

PFAW Foundation

The Right to Vote under Attack: Latest News from the States

Voting rights and voter suppression, especially voter ID, continue to make headlines in many states. Below is a sample of the latest. For more information, click here and also check out The Right to Vote under Attack: The Campaign to Keep Millions of Americans from the Ballot Box, a Right Wing Watch: In Focus report by PFAW Foundation.

Colorado

Voter ID (HB12-1111) made it through the House but was postponed indefinitely in the Senate. One of its lead sponsors, Representative Kenneth Summers, is an ALEC member.

Florida

Evidence continues to mount against what should properly be called the Voter Suppression Act for its disenfranchising impacts, including its reduction of early voting hours and its harsh new restrictions on community groups seeking to help register voters. HB 1355 was originally sponsored by Representative Dennis Baxley, who has ties to ALEC.

Minnesota

The voter ID constitutional amendment (HF 2738) sponsored by ALEC State Chairwoman Mary Kiffmeyer has been approved by the state legislature and will now go to the voters in November. Secretary of State Mark Ritchie says that it will “turn our state's entire election system upside down.” Mike Dean, Executive Director of Common Cause Minnesota, “expects groups opposed to photo ID to challenge the amendment in court on the discrepancy between the ballot question and the actual changes to the Constitution.”

Missouri

Cole County Circuit Court Judge Pat Joyce struck down the proposed voter ID constitutional amendment (SJR 2) on the grounds that the ballot summary is “insufficient and unfair.” The St. Louis Post-Dispatch editorialized, “In a perverted, poetic justice kind of way, it's pitch perfect that in their alleged attempt to stop voter fraud, Missouri Republicans committed, well, fraud.” Prospects for an appeal are unclear, but the legislature is already working on contingency plans. They might try to bring the same bill back up with a new amendment (HCR 53), or they might get around the court by passing HJR 89. Representative Shane Schoeller, an ALEC member, is behind both, as well as efforts (HB 2109) to pass proof of citizenship for voter registration.

Nebraska

Voter ID looked set to pass before voting rights advocates put the brakes on LB 239, sponsored by Senator Charlie Janssen, ALEC member. But that doesn’t mean their work is over. Nebraskans for Civil Reform and Nebraska Appleseed have called for an investigation into polling place closures in Douglas County. Omaha World-Herald: “But is that cost savings worth making it harder for some people to exercise their right to vote? Is it worth eroding the American voting franchise, discouraging voters from going to the polls, not only because of the extra distance but also because of longer lines?” A lawsuit may be looming.

New Hampshire

SB 289, which would require voters to present valid photo identification, and SB 318, which would alter residency requirements and make other voter registration changes that could have a profound impact, especially among the student population, have both passed the Senate and are due soon in the House, as early as April 10. SB 318’s lead sponsor, Senator Sharon Carson, is an ALEC member who also supports SB 289. Tabled in committee was a bill (HB 1301) concerning oaths for vote challengers and the voters they challenge.

North Carolina

The voter ID battle began last session when the state legislature passed HB 351, legislation requiring photo ID, whose 3 primary sponsors all have ties to ALEC. But the House failed to override Governor Perdue’s veto. Now voting rights advocates are concerned that HB 351 will be pulled out of the “veto garage.”

Ohio

In July 2011, Governor John Kasich signed a sweeping “election reform proposal” (HB 194) into law. Voting rights supporters were able to move forward with a referendum for repeal, which is set for the November ballot. Now the forces behind HB 194, sponsored by former Representative and ALEC member Robert Mecklenborg, want to head off what they worry will be an embarrassing defeat at the ballot box. Senator William Coley, also an ALEC member, has sponsored his own version of repeal through SB 295. It has passed the Senate and is expected in a House hearing on April 17. We’ll have to see what they try to replace it with, likely much of the same language.

Pennsylvania

Last month, Representative Daryl Metcalfe’s (an ALEC member) HB 934 passed the Pennsylvania Senate. It got through concurrence by a House vote of 104-88. Governor Corbett signed it as soon as it got to his desk. Though photo ID is now law in Pennsylvania, the legal debate continues, and voting rights supporters continue efforts to demonstrate the impacts, including what it means for students and what it really costs to have “free” ID.

South Carolina

With the state still embroiled in its battle over voter ID, the ACLU and League of Women Voters have moved to intervene, as has the Department of Justice, which rejected the law last year. HB 3003 was originally sponsored by Representative Alan Clemmons, an ALEC member.

Wisconsin

Evidence continues to mount against voter ID and now the issue is before the state Supreme Court. Act 23 (aka AB 7) was originally sponsored by Representative Jeffrey Stone and several others with ties to ALEC.

PFAW Foundation

ACLU DNA, Lead Paint, and the Judges who Made it Through GOP Obstruction

As we like to remind anyone who will listen, the current GOP senate has been shameless in its enthusiasm for obstructing judicial nominees just for the sake of obstruction. For instance, a PFAW memo on August 2 reported that of 24 nominees then waiting for confirmation votes, 21 had been voted through the Senate Judiciary Committee with no recorded opposition. Instead of sending through at least the unopposed nominees in a voice vote and moving on with its business, the Senate decided to keep these potential jurists off the bench for as long as possible – despite the pressing problem of unfilled judicial seats leading to slowed down justice. Ultimately, 4 of those nominees were confirmed by the Senate before it left for its August recess, and 20 remain waiting. (The Washington Post this morning lamented that such “gamesmanship is not only frustrating but also destructive”)

This sort of thing is a clear example of obstruction for obstruction’s sake. But what about the nominees who do face some GOP opposition? Last week, The Atlantic’s Andrew Cohen took an in-depth look at some of President Obama’s nominees who were ultimately confirmed by the Senate, but who received more than 25 “no” votes. The reason? Most were opposed because of a record fighting for civil liberties or against big corporations. Here are a few of Cohen’s examples:

7th U.S. Circuit Court of Appeals Judge David Hamilton (Votes 59-39). Even though his local Federalist Society endorsed this nephew of former Congressional leader Lee Hamilton, Senate Republicans mostly didn't because, as a trial judge, Hamilton had issued this 2005 ruling which had infuriated the religious right. Citing Supreme Court precedent, Judge Hamilton had ruled that Indiana's legislative prayer before each session could no longer be "sectarian" and regularly invoke the name of Jesus Christ.


Northern District of Ohio Judge Benita Y. Pearson (Votes 56-39). The first black female federal jurist in Ohio almost didn't get the gig. The precise reasons why are unclear. The People for the American Way suggested that she was a member of an animal rights group and thus earned the wrath of those in the cattle industries -- although 39 "no" votes is quite a lot of beef to have against a pioneering jurist.


District of Colorado Judge William J. Martinez
(Votes 58-37). By contrast, it is not hard to understand why this Mexico-born nominee roused so much Republican opposition on the floor of the Senate. Before he was nominated, Martinez advised the Americans with Civil Liberties Union and was a lawyer for the Equal Employment Opportunity Commission (just like Clarence Thomas before him, only Justice Thomas' EEOC experience evidently was a boon for his nomination). Of nominee Martinez, Sen. Jeff Sessions (R-Ala.) said: "It seems that if you've got the ACLU DNA you've got a pretty good leg up to being nominated by this president."


District of Rhode Island Judge John J. McConnell (Votes 50-44). It's also fairly clear why Judge McConnell almost didn't make it onto the bench. Senate Republicans didn't like him because the U.S. Chamber of Commerce didn't like him because, as a lawyer, McConnell had successfully sued Big Tobacco and fought for those harmed by lead paint. Evidently that's five Republican votes more serious in the Senate than ticking off Big Beef.


Northern District of California Judge Edward M. Chen
(Votes 56-42). Like Judge Martinez, Edward Chen evidently was touched with the "ACLU gene," which rendered him objectionable to Senate Republicans. Sen. Charles Grassley (R-Iowa), whose state's Asian population is nearly three times lower than the American average, voted against Chen because he thought the well-respected former magistrate judge employed the "empathy standard" of judging.


District of Oregon Judge Michael H. Simon
(Votes 64-35). Harvard educated? Check. Prior government experience with the Justice Department? Check. So why 35 "no" votes? Because Simon had worked for the ACLU. The seat he took on the federal bench, reported the Oregonian, had been vacant for 664 days, two months short of two years. How would you like to have been a litigant in Oregon during that time?


All of these nominees were ultimately confirmed – but not after plenty of stalling and debate over the value of “ACLU DNA” or of holding big corporations accountable for their actions. When we talk about the many nominees who are unopposed yet unaccountably stalled, it’s important to remember that the few nominees who do face GOP opposition don’t always face that opposition for the most convincing of reasons.
 

PFAW

Americans Support Tax Increases

We know the Republican view on taxes. In Minnesota, the government has shut down over Republican refusal to raise taxes on the fewer than 8,000 people making over $1 million. On the national level, Republicans are refusing to even consider raising revenue, threatening to let the U.S. default on its debt. But what about everyday Americans? Even with the influence of the anti-tax Tea Party, Americans strongly support raising taxes in order to decrease the deficit and reduce income inequality, as 19 polls taken since the beginning of the year show. Bruce Braley has the rundown:

A June 9 Washington Post/ABC News poll found that 61 percent of people believe higher taxes will be necessary to reduce the deficit.

A June 7 Pew poll found strong support for tax increases to reduce the deficit; 67 percent of people favor raising the wage cap for Social Security taxes, 66 percent raising income tax rates on those making more than $250,000, and 62 percent favor limiting tax deductions for large corporations. A plurality of people would also limit the mortgage interest deduction.

A May 26 Lake Research poll of Colorado voters found that they support higher taxes on the rich to shore-up Social Security’s finances by a 44 percent to 25 percent margin.

A May 13 Bloomberg poll found that only one third of people believe it is possible to substantially reduce the budget deficit without higher taxes; two thirds do not.

A May 12 Ipsos/Reuters poll found that three-fifths of people would support higher taxes to reduce the deficit.

A May 4 Quinnipiac poll found that people favor raising taxes on those making more than $250,000 to reduce the deficit by a 69 percent to 28 percent margin.

An April 29 Gallup poll found that only 20 percent of people believe the budget deficit should be reduced only by cutting spending; 76 percent say that higher taxes must play a role.

An April 25 USC/Los Angeles Times poll of Californians found that by about a 2-to-1 margin voters favor raising taxes to deal with the state’s budget problems over cutting spending alone.

An April 22 New York Times/CBS News poll found that 72 percent of people favor raising taxes on the rich to reduce the deficit. It also found that 66 percent of people believe tax increases will be necessary to reduce the deficit versus 19 percent who believe spending cuts alone are sufficient.

An April 20 Washington Post/ABC News poll found that by a 2-to-1 margin people favor a combination of higher taxes and spending cuts over spending cuts alone to reduce the deficit. It also found that 72 percent of people favor raising taxes on the rich to reduce the deficit and it is far and away the most popular deficit reduction measure.

An April 20 Public Religion Research Institute poll found that by a 2-to-1 margin, people believe that the wealthy should pay more taxes than the poor or middle class. Also, 62 percent of people believe that growing inequality of wealth is a serious problem.

An April 18 McClatchy-Marist poll found that voters support higher taxes on the rich to reduce the deficit by a 2-to-1 margin, including 45 percent of self-identified Tea Party members.

An April 18 Gallup poll found that 67 percent of people do not believe that corporations pay their fair share of taxes, and 59 percent believe that the rich do not pay their fair share.

On April 1, Tulchin Research released a poll showing that voters in California overwhelmingly support higher taxes on the rich to deal with the state’s budgetary problems.

A March 15 ABC News/Washington Post poll found that only 31 percent of voters publican policy of only cutting spending to reduce the deficit; 64 percent believe higher taxes will also be necessary.

A March 2 NBC News/Wall Street Journal poll found that 81 percent of people would support a surtax on millionaires to help reduce the budget deficit, and 68 percent would support eliminating the Bush tax cuts for those earning more than $250,000.

A February 15 CBS News poll found that only 49 percent of people believe that reducing the deficit will require cuts in programs that benefit them; 41 percent do not. Also, only 37 percent of people believe that reducing the deficit will require higher taxes on them; 59 percent do not.

A January 20 CBS News/New York Times poll found that close to two-thirds of people would rather raise taxes than cut benefits for Social Security or Medicare in order to stabilize their finances. The poll also found that if taxes must be raised, 33 percent would favor a national sales tax, 32 percent would support restricting the mortgage interest deduction, 12 percent would raise the gasoline taxes, and 10 percent would tax health care benefits.

On January 3, a 60 Minutes/Vanity Fair poll found that 61 percent of people would rather raise taxes on the rich to balance the budget than cut defense, Social Security or Medicare.

h/t Teagan Goddard

PFAW

Videos: Young Elected Officials at the White House

Earlier this month, members of PFAW Foundation’s Young Elected Officials network were invited to the White House for a day of briefings with top Administration officials and a private reception with President Obama.

The White House communications team caught up with a few of the YEOs after the reception. Here’s what they had to say:

 

 

 

PFAW

Senate Judiciary Committee Exposes the Corporate Court

The Senate Judiciary Committee held an important hearing this morning looking into the disturbing trend of the Roberts Court to shut down people’s access to justice when they go to court to vindicate their rights against large corporations.

The hearing was on Barriers to Justice and Accountability: How the Supreme Court's Recent Rulings Will Affect Corporate Behavior. Chairman Leahy opened the hearing discussing how recent Supreme Court cases are making it harder for working Americans to get their day in court. He expressed particular concern about three cases:

  • Wal-Mart v. Dukes, which will make it harder to hold big companies accountable when they violate civil rights laws;
  • Janus Capital Group v. First Derivative Traders, which shielded from accountability those who knowingly committed securities fraud; and
  • AT&T Mobility v. Concepcion, which prevents victims of consumer fraud from the protections of jury trials and class actions.

The committee invited four distinguished people to address the issue: Betty Dukes (plaintiff in the sex discrimination case against Wal-Mart) was the one panelist who was also a party to one of the cases being discussed. She spoke poignantly about her experience at Wal-Mart and the fear that so many women have of going against their employer, especially one as powerful as Wal-Mart. She promised to continue her fight, but knows that without a national class action, many women will be intimidated into not litigating.

Andrew J. Pincus (a Washington lawyer who has argued many cases before the Court) and Robert Alt (from the Heritage Foundation) denied that the Court was tilting unfairly to favor corporations, argued that the cases were decided rightly, and stated that the Court was simply upholding existing law. In contrast, Melissa Hart (law professor at the University of Colorado) and James Cox (law professor at Duke) took the position that the Court is wrongly shielding wrongdoers from accountability.

Professor Hart correctly characterized as a policy decision the Roberts Court's tendency to interpret procedural law so restrictively, despite congressional intent otherwise, so that Americans become unable to present their case to an impartial court.

Senator Whitehouse discussed the critical role juries play in American government. He noted that juries are mentioned three times in the Constitution, and that they remain a government institution that Big Business cannot corrupt. For years, the far right has been denigrating "trial lawyers" and "runaway juries" in an effort to keep Americans from being able to hold the powerful accountable. Whitehouse argued that the Roberts Court is acting consistently with that pattern.

People For the American Way Foundation submitted testimony to the committee on how the Roberts Court has removed substantive and procedural protections that are the only way that individuals can avoid becoming victimized by giant corporations that dwarf them in size, wealth, and power. These decisions often provide road maps to corporate interests in how to avoid accountability for harm that they do. The constitutional design empowering individuals to consolidate their power against corporations is slowly being eroded by a fiercely ideological Court. Today's hearing is part of an effort to expose the harm that is being done.

PFAW

Japanese American Groups Supporting American Muslims in Fight Against Discrimination

The Washington Post today reports on the work some Japanese American groups are doing to support American Muslims, who are increasingly the objects of widespread fear and suspicion because of their faith. These groups see echoes of the persecution Japanese Americans faced during World War II in the scapegoating and vilification of American Muslims, exemplified by the congressional hearings Rep. Peter King is beginning this week:

Spurred by memories of the World War II-era roundup and internment of 110,000 of their own people, Japanese Americans - especially those on the West Coast - have been among the most vocal and passionate supporters of embattled Muslims. They've rallied public support against hate crimes at mosques, signed on to legal briefs opposing the government's indefinite detention of Muslims, organized cross-cultural trips to the Manzanar internment camp memorial near the Sierra Nevada mountains in California, and held "Bridging Communities" workshops in Islamic schools and on college campuses.

Last week, Rep. Michael M. Honda (D-Calif.), who as a child spent several wartime years living behind barbed wire at Camp Amache in southeastern Colorado, denounced King's hearings as "something similarly sinister."

"Rep. King's intent seems clear: To cast suspicion upon all Muslim Americans and to stoke the fires of anti-Muslim prejudice and Islamophobia," Honda wrote in an op-ed published by the San Francisco Chronicle.

Last November, in the heat of the debate over the Park51 Islamic community center in lower Manhattan (aka the “Ground Zero Mosque”), former Supreme Court Justice John Paul Stevens spoke [pdf] about the parallel between the prejudice Japanese Americans faced during World War II the demonization that American Muslims are facing today. Stevens, a WWII veteran, recalled a visit to Pearl Harbor in 1994, when he spotted a group of Japanese tourists and had to fight his first reaction, which was that “those people really don’t belong here”:

But then, after a period of reflection, some of those New Yorkers may have had second thoughts, just as I did at the Arizona. The Japanese tourists were not responsible for what some of their countrymen did decades ago; the Muslims planning to build the mosque are not responsible for what an entirely different group of Muslims did on 9/11. Indeed, terrorists like those who killed over 3, 000 Americans -including Catholics , Jews , Protestants, atheists and some of the 600 ,000 Muslims who live in New York -have also killed many more Muslims who disagree with their radical views in other parts of the world. Many of the Muslims who pray in New York mosques may well have come to America to escape the intolerance of radicals like those who dominate the Taliban. Descendants of pilgrims who came to America in the 17th century to escape religious persecutions -as well as those who thereafter joined the American political experiment that those people of faith helped launch -should understand why American Muslims should enjoy the freedom to build their places of worship wherever permitted by local zoning laws.

Our Constitution protects everyone of us from being found guilty of wrongdoing based on the conduct of our associates. Guilt by association is unfair. The monument teaches us that it is also profoundly unwise to draw inferences based on a person's membership in any association or group without first learning something about the group. Its message is a powerful reminder of the fact that ignorance -that is to say, fear of the unknown -is the source of most invidious prejudice.


PFAW