Cornyn Blames Obama For Gridlock Cornyn Created

The Huffington Post clips this exchange from yesterday’s meeting of the Senate Judiciary Committee meeting yesterday, which pretty much encapsulates the gridlock that Republicans have inflicted on the Senate during the Obama administration:

 

 

HuffPost’s Jennifer Bendery summarizes the exchange between Texas Republican John Cornyn and Democrats on the Judiciary Committee:

During a Senate Judiciary Committee hearing, Cornyn was arguing for more immigration judge slots in Texas when he got called out by Sen. Sheldon Whitehouse (D-R.I.) for gumming up the district court nomination process. Immigration judges are different from district court judges, but Whitehouse questioned why the Senate should add more immigration judgeships in Texas if Cornyn isn't trying to fill empty district court slots there.

"I don't see why you need additional judges when there have been multiple vacancies that have been left without nominees for years," Whitehouse said. "I have an issue with that."

Cornyn said his answer to that was "simple:" It's Obama's fault.

"The president's got to nominate somebody before the Senate can act on it," Cornyn said.

But the process for approving a new district court judge, per longstanding tradition, begins with a senator making recommendations from his or her state to the president. The president then works with that senator to get at least some of the nominees confirmed -- the idea being that those senators, regardless of party, are motivated to advocate for nominees from their states. The White House may look at other nominees on its own, but typically won't move forward without input from home state senators.

That's when Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) stepped in to remind Cornyn what he already knows: that if he wants to see movement on district court nominees, he needs to make recommendations to the president.

"Based on 38 years experience here, every judgeship I've seen come through this committee during that time has followed recommendations by the senators from the state," Leahy said. "You have to have recommendations from the senators, especially since I've been chairman, because ... as the senator from Texas knows, if senators have cooperated with the White House and the White House sends somebody they disagree with ... I have not brought the person forward, even when it's been importune to do so by the White House."

Cruz tried to absolve himself of the matter altogether, saying he just got to the Senate in January.

In short, Cornyn was blaming President Obama for gridlock that Cornyn himself has created. In fact, Texas has eight current federal judicial vacancies, one dating back as far as 2008.  All  are on courts so overworked that they have been labeled “judicial emergencies.” Thanks to Cornyn and Cruz, not one of those vacancies has a nominee.

And in July, one more vacancy will open up in a district court seat based in Fort Worth. When it comes open, Fort Worth will be reduced to just one active federal judge for the first time in over two decades.

PFAW

Inside the Supreme Court, Bearing Witness to History

My morning routine yesterday wasn’t very remarkable. The alarm went off with its standard annoying noise, my shower was cold (as is usual in a house of 16 interns fighting for precious little warm water), and breakfast was unquestionably mediocre. But just a block away from my bowl of cereal and skim milk, I knew that in an ornate chamber nine individuals would be considering something truly historic.

Growing up gay in a small, conservative town in southeast Texas, I oftentimes felt disconnected from the issues and events of the wider world. For as long as I can remember, I have had the drive to know, to understand, and to be a part of something much larger than my small beginnings. The cases before the Supreme Court are a perfect example of this. Marriage equality is something that not only affects me personally, but is regarded as one of the defining civil rights issues of my generation. Being in DC during this event was truly a stroke of good fortune and I couldn’t pass on the opportunity to be a part of history.

I headed to the steps of the Supreme Court, foolishly thinking that no one would be in line at such an early hour of the morning. How wrong I was. Spanning the length of the sidewalk were some 200+ people waiting for one of the coveted seats in the Supreme Court chamber. My chance of being a part of history, it seemed, looked uncertain. As I worked my way to the end of the line, one woman in the crowd turned to me and said “Don’t get your hopes up for getting a seat.” Luckily, I’m not used to taking advice from strangers, so I soldiered on. At the end of the line, an older lesbian couple from Ohio greeted me and chided my decision not to bring a jacket. Being from Texas, I’m not used to needing any sort of warm clothing in the month of March. Guess I still have a lot to learn about living in DC.

The first 60 or 70 individuals in line, I was told, would be able to sit through the entirety of the oral arguments. The rest of us who were lucky enough to receive a ticket would be rotated into the back portion of the audience seating. After what seemed like ages in the cold and wind, I managed to reach the front of the line and secure a ticket to sit and listen to a brief three-minute portion of the oral arguments in United States v. Windsor. Better to witness a small part of history than none at all!

After securing all of my belongings into a locker inside the building, we were placed in another line to await our seating assignments. The nervous excitement and uncertainty from the crowd was palpable. For myself and for others in the line, this case, challenging the federal Defense of Marriage Act (DOMA), had the potential to make a real and lasting influence on our lives. How often do you get the chance to witness your own future in the making?

Luckily, I was given a great seat that had an unobstructed view of the proceedings. During the three minutes I was in the room, Paul Clement, the lawyer defending DOMA on behalf of the so-called Bipartisan Legal Advisory Group, was being questioned by Justices Kennedy and Ginsburg, both of whom seemed critical of DOMA’s constitutionality. Commentators and legal analysts have all pointed to Justice Kennedy as the deciding swing vote on the DOMA case, and I couldn’t help but focus on him during much of my preciously brief time in the room. It’s an odd feeling, looking into the face of someone who has the power to make such a difference in your life. As I looked at him and the other justices, I wondered if they knew how much was riding on the case before them. How many future “I do”s would continue to be treated as second-class? Justice Ginsburg summed up current law in a humorous and relevant way: "There are two kinds of marriage: full marriage and the skim-milk marriage."As you can probably tell, I’m not a fan of skim milk in my marriage or my breakfast cereal. I, and millions of other LGBT Americans including Edie Windsor, don’t want watered down rights. I left the courtroom hopeful that at least five of those nine justices would see that this is no different from the “separate but equal” arguments of the past.

As DOMA and Proposition 8 begin to fade back into the recesses of the American public’s attention, I continue to remind myself that legal recognition for same-sex couples is just one piece in the enormous puzzle for equality. While TIME Magazine’s newest cover declares "Gay Marriage Already Won," the sad reality is that LGBT Americans continue to be treated as second-class citizens on a host of issues. Today, in 29 states (including my home state of Texas), you can be legally fired from your job just for living your life openly gay. In 34 states, you can be fired for your gender identity. And for thousands of binational same-sex couples and undocumented LGBT immigrants, the threat of deportation remains a daily source of fear and isolation. These issues may not get the media coverage or viral appeal that marriage equality does, but they nonetheless affect the lives and livelihoods of our friends, families, and neighbors in real ways. Let’s not forget that.

The road to “a more perfect union” will be a long and difficult one. But no matter what happens, I will hold these words of Dr. Martin Luther King, Jr. close to my heart: “The arc of the moral universe is long, but it bends towards justice.” I’m doing my best to make sure that becomes reality sooner rather than later.

PFAW

The Perils of Teaching About the Bible in Public Schools

Rob Boston at Americans United notes that the Arkansas House just voted to require the state’s Education Board to approve elective classes about the Bible if they meet appropriate standards.  The Supreme Court has said the Bible may be taught about in public schools when “presented objectively as part of a secular program of education.”

But teaching about the Bible without teaching it religiously is not an easy thing to do. It requires carefully designed curricula, well-intentioned and well-trained educators, and a commitment to meaningful oversight.  People For the American Way was part of a religiously and politically diverse group of organizations that worked together to produce the 1999 publication The Bible in Public Schools, a First Amendment Guide. That guide emphasized that how any such course is taught will determine whether it passes constitutional muster:

When teaching about the Bible in a public school, teachers must understand the important distinction between advocacy, indoctrination, proselytizing, and the practice of religion – which is unconstitutional – and teaching about religion that is objective, nonjudgmental, academic, neutral, balanced, and fair – which is constitutional.

But that’s not how if often works in practice. In 2000, People For the American Way Foundation published a scathing expose, The Good Book Taught Wrong: Bible History Classes in Florida Public Schools. The PFAW Foundation investigation found that “Bible History” classes were often being taught more like Christian Sunday School classes from a sectarian, Protestant perspective. Bible stories were treated as literal history. Among lessons and exam questions asked of students:

  • "If you had a Jewish friend who wanted to know if Jesus might be the expectant [sic] Messiah, which book [of the Gospels] would you give him?"
  • "Compose an explanation of who Jesus is for someone who has never heard of Him."  
  • "Why is it hard for a non-Christian to understand things about God?"
  • "What is Jesus Christ's relationship to God, to creation, and to you?"
  • "Who, according to Jesus, is the father of the Jews? The devil."

That expose led Florida officials to yank those classes and revamp the curricula.

But more than a decade later, similar problems persist, as the Texas Freedom Network documented in a January report that found classes designed more to evangelize students to a literalist, fundamentalist view of the Bible rather than to teach about its role in literature and history. Included in the lesson plans examined by TFN were characterizations of Judaism as a flawed and incomplete religion, Christian-nation approaches to US history, and material “explaining” racial origins via the sons of Noah.

Are Arkansas legislators and education officials prepared to invest in the development of curricula, the training of educators, and meaningful oversight into how the classes are taught?

PFAW Foundation

College Diversity Case Shows Importance of Sup. Court as Election Issue

This week showed yet again why the Supreme Court is such an important issue in the presidential election. The Court heard oral arguments in Fisher v. University of Texas, which challenges the constitutionality of UT's limited affirmative action plan for undergraduates. A key reason this case is being heard, with opportunities for millions of minority students on the line, is because George W. Bush won the 2004 election.

UT's affirmative action program is modeled on one upheld by the Supreme Court in 2003, in a case called Grutter v. Bollinger. The Court concluded then that public universities have a "compelling interest in obtaining the educational benefits that flow from a diverse student body" and that the law school's affirmative action plan it approved was narrowly tailored to serve that compelling interest. Grutter was decided 5-4, with Justice O'Connor writing the majority opinion. Progressives breathed a sigh of relief that Justices like Scalia and Thomas didn't carry the day with their opposition to efforts to achieve diversity at public universities.

A year after the Supreme Court had apparently settled the issue, George W. Bush won the 2004 election. He had promised to fill any Supreme Court vacancies with Justices like Scalia and Thomas, and that's exactly what he did in 2005-2006. Justice O'Connor was replaced by Samuel Alito, driving the Court far rightward. Alito has shown the same deep suspicion of diversity efforts as Scalia and Thomas, and nothing he said at oral arguments yesterday suggested he would vote to uphold UT's affirmative action program.

While the far-right Justices may overrule the 2003 precedent overtly or simply "gut it" (as Justice Sotomayor described the opponents' goal), few expect the Court to uphold UT's affirmative action plan.

And all because of who won the presidential election eight years ago.

This year, it is Mitt Romney who is vowing to fill Supreme Court vacancies with Justices like Scalia and Thomas. Don't think for a minute that he doesn't mean it – or that a Romney Court wouldn't affect our lives for decades to come.

PFAW

Fisher v. University of Texas Rally Showcases Support for Affirmative Action

Yesterday morning, the Supreme Court heard oral arguments in Fisher v. University of Texas, a landmark case that could determine whether public colleges and universities can consider race as one of many factors when making admission decisions. Plaintiff Abigail Fisher, a white woman, alleges that the University of Texas discriminated against her based on her race when she was not admitted to the University of Texas in 2008. Should the Supreme Court choose to rule in favor of Fisher and rescind equality measures that were upheld by the Court just nine years ago in Grutter v. Bollinger, public colleges and universities would lose their ability to ensure a diverse student body.

People For the American Way, along with many proponents of affirmative action, rallied in front of the Supreme Court, stressing the necessity of diversity and inclusiveness in higher education. Champions of fairness and racial equality spoke, reflecting upon their own educational triumphs as a result of affirmative action and warning against a color-blind perspective that the Supreme Court may uphold. Speakers emphasized that individuals are multi-faceted, and cannot be judged solely by an SAT score or a GPA.

Speakers at the rally emphasized that a student must be evaluated wholly as an individual. A person’s race and ethnicity is part of their background and part of what they offer to the diverse university community, just like their athletic abilities or legacy family roots.

While people of color have made great strides in closing the education gap, disparities in higher education remain widespread. Colleges and universities must foster diversity and represent the vast spectrum of aspiring students and professionals. This will only enhance ingenuity, bridge the racial divides of our history, and preserve America’s platform of fairness and justice.

PFAW

UPDATE: State legislation shines national spotlight on voter ID

UPDATE: Back in March, we turned our attention to the 47th anniversary of Bloody Sunday. In the months since, we’ve crisscrossed the nation and detailed how the fights of 50 years ago are being resurrected today. The Atlantic’s Andrew Cohen yesterday offered his own telling, invoking Dr. King’s famous quote, “The arc of the moral universe is long but it bends towards justice,” to break down the dangerous myths and machinations of voter suppression, concluding that “[t]hese new laws seek to bend the arc backward again, to take away from people their effective right to vote.” It’s important that we remain vigilant over the next nine weeks, so that on November 6 eligible Americans are able to cast a vote and have it count. In the words of LBJ, “Then with his vote and his voice he is equipped with a very potent weapon to guarantee his own dignity.” Click here and here for more from Andrew Cohen.

March 7, 2012 marked the 47th anniversary of the “Bloody Sunday” when voting rights marchers were beaten in their attempt to cross the Edmund Pettus Bridge in Selma, Alabama.

NAACP President Ben Jealous joined activists from then and now in marking the occasion with another march, saying protest is just as necessary now as it was then.

"We need people to understand that not only is history not very distant, but we stand on the precipice of repeating it," Jealous said.

The NAACP leader said strict voter ID laws that won't allow people to vote without a driver's license or passport are unnecessary and will make it difficult -- and in some cases impossible -- for 5 million people to vote.

"We need to make sure that the principle of one person, one vote, is respected," he said.

Last fall’s 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, details how the fights of 50 years ago are being resurrected today. Indeed we’ve seen the strict laws that Jealous mentions pushed in states including Virginia, Michigan, Minnesota, Wisconsin, New Hampshire, Pennsylvania, and Texas, among others, along with the rise of the American Legislative Exchange Council.

Following what happened in Virginia, Washington Post editorialized against strict ID.

Even if Republican lawmakers aren’t personally acquainted with people who don’t carry ID, they exist. And provided they are legally registered to vote, they should be allowed to cast their ballots — without encumbrances manufactured by the state.

Ari Berman wrote in Rolling Stone about what he believes are the political motivations and consequences.

March 2012:

Since the 2010 election, Republicans have waged an unprecedented war on voting, with the unspoken but unmistakable goal of preventing millions of mostly Democratic voters, including students, minorities, immigrants, ex-convicts and the elderly, from casting ballots in 2012. More than a dozen states, from Texas to Wisconsin and Florida, have passed laws designed to impede voters at every step of the electoral process, whether by requiring birth certificates to register to vote, restricting voter registration drives, curtailing early voting, requiring government-issued IDs to cast a ballot, or disenfranchising ex-felons.

Within days, the crucial battlegrounds of Pennsylvania and Virginia will become the latest GOP states to pass legislation erecting new barriers to voting. If, as expected, the new laws lead to fewer Democrats casting ballots in November, both states could favor Republicans, possibly shifting the balance of power in Congress and denying Barack Obama a second term.

August 2011:

Republicans have long tried to drive Democratic voters away from the polls. "I don't want everybody to vote," the influential conservative activist Paul Weyrich told a gathering of evangelical leaders in 1980. "As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down." But since the 2010 election, thanks to a conservative advocacy group founded by Weyrich, the GOP's effort to disrupt voting rights has been more widespread and effective than ever. In a systematic campaign orchestrated by the American Legislative Exchange Council – and funded in part by David and Charles Koch, the billionaire brothers who bankrolled the Tea Party – 38 states introduced legislation this year designed to impede voters at every step of the electoral process.

Then there’s Roll Call.

Rock the Vote is one of several dozen organizations, from civil rights groups to Latino, labor and women’s groups, that have launched a multipart campaign to push back against new registration rules for voters that have been enacted in many states. The fight over voter access has triggered state-level lobbying, ballot initiatives and lawsuits, and the issue will likely land before the Supreme Court.

Voting rights activists are responding to a wave of state laws enacted after the 2010 elections, which ushered in GOP majorities in more than two dozen state legislatures. Voting rights advocates have struggled to gain traction amid public indifference and more visible collective bargaining fights, but they are starting to win attention at the Justice Department and on Capitol Hill.

However voter ID is resolved, it’s clear that it’s an issue of national concern, not one isolated to a few states.

Or even international. Jealous and the NAACP have put the issue before the United Nations Human Rights Council. Click here to read their report, Defending Democracy: Confronting Modern Barriers to Voting Rights in America.

PFAW Foundation

Progress Texas Announces 13 More State Legislators Have Left ALEC

The mass exodus from the American Legislative Exchange Council (ALEC) continued today, as an additional 13 members of the state legislature cut ties with the corporate bill factory. Progress Texas reports:

As we have written many times before, the American Legislative Exchange Council (ALEC) is a corporate bill factory for model laws. The organization arranges for corporate lobbyists and conservative legislators to hold joint secret meetings to craft cookie-cutter bills that increase the profits of private companies at the public’s expense. Following public pressure from Progress Texas and its membership, 25 legislators have dropped - including every Democrat. A majority of the Texas Legislature – 96 of 181 members – is now no longer a part of ALEC.

32 corporations from across the country have also left ALEC. A complete list can be found here.

The PFAW Foundation has been key in exposing ALEC’s efforts at influencing governmental agendas at the local, state, and federal level.

PFAW

Registration restrictions blocked in Texas

In a ruling last week hailed by voting rights advocates, US District Judge Gregg Costa temporarily enjoined Texas Election Code provisions restricting voter registration, including those implemented by HB 2194, which has ALEC ties in author Larry Taylor and sponsor Mike Jackson.

Citing the Federalist Papers, Judge Costa wrote:

Broad-based participation in the political process is crucial to governmental legitimacy and the proper functioning of our constitutional system. […] Voter registration drives have played a vital role in increasing participation in the political process. […] Texas now imposes more burdensome regulations on those engaging in third-party voter registration than the vast majority of, if not all, other states. […] History demonstrates the importance of allowing Americans the freedom to promote voter registration throughout the nation.

Michael Slater, Project Vote, Executive Director:

This case is about making sure that voter registration drives, which are the foundation of our democracy, can operate without undue burdens. At this time when millions of eligible Texans are still not registered to vote, our focus should be to help them become voters. Instead, the Texas election code sets up a system that punishes voter registration drives for helping community members get access to voting.

A full trial will determine whether the provisions in question violate the National Voter Registration Act, and Attorney General Greg Abbott has appealed Costa’s injunction. Texas also remains entangled in a heated voter ID fight.

In the meantime, click here for more information, 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 Focus report by PFAW Foundation.

PFAW Foundation

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