Importance of the Supreme Court in the Upcoming Election

As Election Day approaches, voters need to keep in mind one of the most important powers given to a president: the ability to nominate Supreme Court Justices. Judicial nominations take even more precedence in this election due to the fact that four current justices are in their seventies, making it likely that the next president will have the opportunity to nominate at least one or two justices, putting major progressive reforms along with a list of other issues at risk with the possibility of even one additional conservative justice to the Court. The stakes are highest for progressives because Breyer (74) and Ginsburg (79, the most likely to retire) tend to lean liberal in their decisions and a conservative-leaning replacement for either would give disproportional amounts of power to the conservative wing of the Court.

Romney has pledged to nominate individuals that align with extreme right-wing justices like Justices Antonin Scalia, Clarence Thomas, Samuel Alito, and Chief Justice John Roberts. Under the guise of securing “greater protections for economic liberty and greater scrutiny for regulation” and “judicial modesty,” a more conservative Court would ultimately limit the expansion of gay rights, further extend corporate influence in politics, attack women’s reproductive rights, and threaten the recently upheld healthcare legislation.

To understand the implications of a Supreme Court under Romney, one only needs to look at Romney’s choice of chairman of his Judicial Advisory Committee: Robert Bork, a right-wing extremist and advocator for Constitutional “originalism”, a radically conservative way to interpret the Constitution. Bork opposed the Civil Rights Act of 1964 and Roe v. Wade, and in 2007, Romney declared, “I wish he were already on the Supreme Court. He’s the kind of brilliant conservative mind that this court could use.” Clearly, Romney intends to shift the Court’s further to the right with nominations similar to Bork.

President Obama has been quite vocal regarding his opponent’s intentions with vacancies on the Supreme Court. In an interview with Rolling Stone, Obama made it clear that a Romney/Ryan administration would be in a position to overturn Roe v. Wade through the Supreme Court. In a recent appearance on the Tonight Show, President Obama again highlighted the importance of having a diverse Court especially when it came to Roe v. Wade. The President also recently emphasized the importance of the Supreme Court and marriage equality in the coming years during an interview with MTV, expressing opposition to the Defense of Marriage Act and hoping for its eventual overturning.

A more conservative Supreme Court would lead to a radical reinterpretation of the Constitution and a dramatic attack on equal opportunity and rights. If Romney is elected, this sort of Court would almost certainly become a reality.

Click for PFAW’s new report on the Court’s importance.

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A Real-Life Halloween Scare From Mitt Romney

Forget ghosts and goblins. Here at People For, our biggest Halloween fear is a Supreme Court chosen by Mitt Romney. Take a look at our new video:

In the Huffington Post today, PFAW Senior Fellow Jamie Raskin lays out the damage that a Romney Court could do – from rolling back reproductive rights to eliminating protections for working people. Read it here.

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Log Cabin Republicans Endorse Mitt Romney

To no one's surprise, the Log Cabin Republicans have endorsed Mitt Romney. The endorsement is as pitiful as it is predictable.

Romney supports a constitutional amendment prohibiting gays and lesbians from marrying. Romney opposed the end of Don't Ask Don't Tell. He signed the National Organization for Marriage's pledge to defend DOMA, put Washington DC's marriage equality law up to a popular vote, and establish a presidential commission to "investigate harassment of traditional marriage supporters." Romney has promised to nominate Supreme Court Justices like Antonin Scalia and Clarence Thomas, who dissented in the two major gay rights decisions of the past 20 years. And his main advisor on judicial nominations is the infamous Robert Bork, who has compared gay rights to child molestation.

But it's not just LGBT people who should be worried about the prospect of a Romney Court.

The Supreme Court justices Romney promises to nominate would ensure that our nation's highest court continues to routinely bend the law and twist logic in order to favor corporate interests. They would block environmental laws that restrain large corporations from poisoning our air and water. They would severely weaken and in some cases eliminate consumers' right to sue manufacturers of dangerous products. They would make it increasingly difficult for victims of illegal employment discrimination to have their day in court. And, of course, they would continue to game our nation's electoral system to make sure that corporate interests drown out the speech of ordinary Americans, while upholding obstacles designed to prevent those same ordinary Americans from being able to exercise their right to vote.

That's an agenda that's devastating for all Americans, not just gays and lesbians.

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VP Debate Highlights the Importance of the Supreme Court

During his debate with Paul Ryan, Vice President Biden reminded Americans of one of the most important issues of the presidential election: The Supreme Court. When asked about abortion rights, Biden said:

The court -- the next president will get one or two Supreme Court nominees. That's how close Roe v. Wade is. Just ask yourself, with Robert Bork being the chief adviser on the court for -- for Mr. Romney, who do you think he's likely to appoint? Do you think he's likely to appoint someone like Scalia or someone else on the court far right that would outlaw (inaudible) -- outlaw abortion? I suspect that would happen.

Mitt Romney's choice of Robert Bork speaks volumes about what a Romney Court would do to America, not just for four years but for decades to come, since Justices have lifetime tenures. Bork's extremism caused a bipartisan Senate to reject his nomination to the Supreme Court in 1987, and for good reason.

As People For the American Way reported earlier this year in our Borking America report, he called legal desegregation of motels and lunch counters "unsurpassed ugliness." As a circuit court judge, Bork routinely ruled in favor of corporate power over ordinary Americans. He has said the Constitution allows states to criminalize the use of birth control and abortion, that the Equal Protection Clause doesn't apply to women, and ruled as a judge that a company could order its female employees to be sterilized or be fired.

This is the man that Mitt Romney would have picking our next Supreme Court Justices.

Vice President Biden has spoken before about the danger of the Romney Court, and it is not a pretty picture.

Check out our Romney Court site to get a full idea of the damage that his right-wing justices would do to Americans across the country.

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A Sotomayor or a Bork? The Decision Is Ours in November

This post originally appeared in the Huffington Post.

Three years ago today, the first Supreme Court confirmation battle of Barack Obama's presidency came to an end. Justice Sonia Sotomayor took the oath of office on August 8, 2009, after enduring days of hearings at which she had been lambasted by Senate Republicans for such offenses as calling herself a "wise Latina" and acknowledging, like many male nominees before her, the shocking fact that her life experiences had shaped her perspective on the law.

In the three years since, I've been relieved to have Justice Sotomayor on the Court. I haven't agreed with all her decisions, but she has shown time and again that she understands how the Constitution protects our rights -- all of our rights. In 2010, she dissented to the Court's disastrous Citizens United decision, which twisted the law and Constitution to give corporations and the super wealthy dangerous influence over our elections. In 2011, she joined the four-justice minority that stood up for the rights of women Wal-Mart employees who were the victims of entrenched sex discrimination. This year, she was part of the narrow majority that upheld the Affordable Care Act, saving a clearly constitutional law that is already helping millions of Americans receive health care coverage.

Over and over again in the past years, the Supreme Court has split between two very different visions of the law and the Constitution. On one side, we have justices like Sotomayor who understand how the Constitution protects all of our rights in changing times. On the other side, we have right-wing justices like Clarence Thomas and Samuel Alito, who are determined to walk back American progress, turn their backs on the values enshrined in the Constitution, and ignore decades of our laws and history. On issues from voting rights to women's equality to environmental regulation, Americans' rights are being decided by the Supreme Court -- often by a single vote. Even the decision to uphold health care reform, in which Chief Justice John Roberts joined Sotomayor and the three other moderates on the court, would not have been as close as it was if the Court had not moved steadily to the right.

November's presidential election will be a turning point for the Supreme Court. The next president will likely have the chance to nominate at least one Supreme Court justice, setting the course of the Court for decades to come. President Obama has shown his priorities in his picks of Justice Sotomayor and Justice Elena Kagan.

Mitt Romney has a very different vision for the Supreme Court. Campaigning in Puerto Rico earlier this year, Romney bashed Sotomayor -- who also happens to be the first Hispanic Supreme Court justice and the Court's third woman ever. Instead, he says he'd pick more justices like Thomas, Alito and Antonin Scalia, the core of the right-wing bloc whose decisions are systematically rolling back Americans' hard-won rights. He used to say that he'd pick more Justices like Chief Justice Roberts, but changed his mind when Roberts ruled in favor of the health care reform plan similar to the one that Romney himself had helped pilot in Massachusetts.

So who would Romney pick for the Supreme Court? We've gotten a hint from his choice of former judge Robert Bork as his campaign's judicial advisor. Bork's brand of judicial extremism was so out of step with the mainstream that a bipartisan majority of the Senate rejected his nomination to the Supreme Court in 1987. Bork objected to the part of the Civil Rights Act of 1964 that desegregated lunch counters; he defended state laws banning birth control and "sodomy"; he was unabashedly in favor of censorship; he once ruled that a corporation could order its female employees to be sterilized or be fired. And, though it might not seem possible, since his confirmation battle Bork has gotten even more extreme.

Any justice appointed by Romney would likely fall in the footsteps of Bork in undermining workers' rights, eliminating civil rights protections, siding with corporations over the rights of individuals, threatening women's reproductive freedom, and rolling back basic LGBT rights. President Obama, on the other hand, has promised to pick more justices who share the constitutional values of Justice Sotomayor.

Three years into the term of Justice Sotomayor, the Court hangs in the balance. It's important that we all know the stakes.

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President Obama: A Romney Court Could ‘Turn Back the Clock for Women and Families for Decades’

Speaking at a campaign event in Colorado today, President Obama laid out the crucial importance of the Supreme Court in November’s election:

Today is the three-year anniversary of Sonia Sotomayor taking her seat on the Supreme Court. Yesterday was the two-year anniversary of Elena Kagan taking her seat on the Supreme Court. So let's be very clear -- the next President could tip the balance of the Court in a way that turns back the clock for women and families for decades to come. The choice between going backward and moving forward has never been so clear.

The choice has never been so clear. In the Huffington Post today, People For president Michael Keegan lays out what’s at stake as we pick the man who will pick our next Supreme Court justices:

So who would Romney pick for the Supreme Court? We've gotten a hint from his choice of former judge Robert Bork as his campaign's judicial advisor. Bork's brand of judicial extremism was so out of step with the mainstream that a bipartisan majority of the Senate rejected his nomination to the Supreme Court in 1987. Bork objected to the part of the Civil Rights Act of 1964 that desegregated lunch counters; he defended state laws banning birth control and "sodomy"; he was unabashedly in favor of censorship; he once ruled that a corporation could order its female employees to be sterilized or be fired. And, though it might not seem possible, since his confirmation battle Bork has gotten even more extreme.

Any justice appointed by Romney would likely fall in the footsteps of Bork in undermining workers' rights, eliminating civil rights protections, siding with corporations over the rights of individuals, threatening women's reproductive freedom, and rolling back basic LGBT rights. President Obama, on the other hand, has promised to pick more justices who share the constitutional values of Justice Sotomayor.

To learn more about Mitt Romney's dangerous vision for the Supreme Court, visit www.RomneyCourt.com.

 

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POLITICO: Supreme Court a Critical 2012 Issue

A POLITICO article out today reaffirms that the 2012 election is of “Supreme importance” to the future of the nation’s highest court.

The piece takes note of the critical role the court will play in the upcoming elections and reminds readers that the next presidential term will be particularly important in determining the composition of the court for decades to come.

Four Supreme Court justices enter the next term in their 70s, and any changes during the next presidential term could tip the balance of the court on some of the nation’s hottest social issues, including same-sex marriage, civil rights and abortion.

There’s also the often-overlooked aspect that the president nominates judges to fill the nation’s appellate and district courts, which produce some of the country’s most lasting decisions.

POLITICO also notes that due to widespread GOP efforts at voter suppression, there is a possibility that the court may have a hand in determining the outcome of the presidential race.

Mitt Romney’s top judicial adviser, the far-right former judge Robert Bork, weighed in as well:

Few see the Supreme Court actually becoming a prominent attack line when the candidates are speaking to the general public. “It should be, but the economic issues will far outweigh other questions,” Robert Bork, the former Reagan Supreme Court nominee now serving as a top Romney legal adviser, wrote in an email to POLITICO.

As the decision in Citizens United and other cases clearly demonstrates, the current Supreme Court is one of the most conservative in American history. It’s hard to imagine a court even further to the right, and yet that is exactly what a Romney presidency would ensure.

For more on the Supreme Court and Robert Bork, See PFAW’s report “Borking America” and visit RomneyCourt.com.

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A Few Thoughts About the Supreme Court’s Obamacare Decision

First and foremost, today’s Supreme Court ruling was an extraordinarily important win for anyone who cares about healthcare. As Justice Kennedy’s dissent made clear, the Court’s most conservative members were on the verge of trashing the entire Affordable Care Act, including provisions ending discrimination because of preexisting conditions, allowing young adults to stay on their parents’ health plans, and reigning in some of the worst excesses of the insurance industry. All of that was at stake today, and the Court’s ruling will allow millions of people to receive better, more affordable health care. Hallelujah for that.

But today’s ruling also shows how dangerously extreme our Court has already become.

To be clear: there should be no question that the Affordable Care Act is constitutional. The Constitution’s text and history, bolstered by decades of precedent support the law. The fact that the nation was forced to endure a grueling legal drama over the Act’s fate says nothing about the constitutionality of the mandate itself (which has been supported by Republicans ranging from Mitt Romney to Newt Gingrich) and everything about the makeup of our federal courts. As John Cassidy pointed out yesterday at The New Yorker, the challenge to the Affordable Care Act is the result of decades of concerted work by the far Right:

Though the case against Obamacare that the Court is considering is a legal travesty, lacking in serious foundation, the moment is truly momentous. After thirty years of organizing, strategizing, and mobilizing, the conservative counter-revolution may be about to win its biggest victory yet: the striking down of a massive new government program, and, equally important, the overthrowing of a legal doctrine that Administrations of both parties have relied on for seventy years to regulate the economy.

In the wake of Roe and the Warren Court’s Civil Rights and religious liberty decisions, the Right realized that in order for its agenda to win in the Courts, it needed to change the judges. Judicial restraint aside, Conservative activists in black robes are powerful advocates for the Right’s extreme agenda, and Republicans have been relentless in placing partisan ideologues on the bench throughout the judicial system.

The four votes in favor of striking down Obamacare are a monument to that strategy and a promise of things to come. Twenty-five years after his own nomination was rejected by a bipartisan coalition, Robert Bork has a new job as Mitt Romney’s chief judicial advisor. If Romney wins in November, votes that upheld the Affordable Care Act will likely be replaced with votes to strike it down, legal niceties be damned.

Finally, it would be wrong to read this ruling—especially Justice Roberts’ portion of it—in isolation. Some supporters of the Act have been quick to applaud the Chief Justice’s vote to uphold the law, but the details of his decision and his broader agenda are profoundly disturbing. Not only does his ruling today carry frightening implications for future cases under the Commerce Clause--which undergirds a panoply of hard won progressive legislation—it says little about the issues most squarely in his sights. In voting to uphold Obamacare, Roberts paused only briefly from his ongoing gutting of laws protecting Civil Rights, women’s rights, environmental protections, clean elections and labor unions. It would be unconscionable if Roberts’ vote to uphold health care reform distracted from, say, the likelihood that he’ll eviscerate the Voting Rights Act next year.

All told, progressives shouldn’t be afraid to celebrate today’s ruling: a win is a win. But no one should forget that our Court has lurched dangerously to the right in recent years, and that if Mitt Romney achieves the White House in November, today’s narrow victory will become tomorrow’s devastating defeat.

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Poll Finds Voters Don’t Want a Romney Court

 Think Progress alerts us to a recent Fox News poll which finds that a strong plurality of voters would prefer that President Obama, rather than Mitt Romney, pick the next Supreme Court justice. (46 percent said they’d prefer Obama make the pick; 38 said Romney).

This shouldn’t be surprising. President Obama’s two Supreme Court nominees, Sonia Sotomayor and Elena Kagan, have been a strong voice for the rights of ordinary Americans in the court that brought us Citizens United. Meanwhile, Romney has said that he’d appoint more Justices like Samuel Alito, Clarence Thomas, Antonin Scalia and John Roberts, the core of the Corporate Court.

And, of course, there’s the matter of who Romney is going to for advice about picking judges:

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Alec Baldwin Talks Bork

Last night, actor and PFAW board member Alec Baldwin appeared on The Last Word with Lawrence O’Donnell, where they discussed, as the host put it, “the number one reason to vote for president”: the United States Supreme Court.

Baldwin noted that the Supreme Court affects the daily lives of all Americans, and that the prospect of Mitt Romney making lifetimes appointments to that institution is nothing less than “scary,” especially with Robert Bork as his top judicial advisor.

 

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“To most people, the court is an idea, they don’t realize the impact it has on our daily lives,” Baldwin said. But People For the American Way has been “drilling home the relevance of the court…this is the most abjectly politicized Supreme Court I’ve ever seen in my life,” he continued. Decisions like Bush v. Gore and Citizens United, he said, are “changing the nature of this country.”

Baldwin is helping to spread the word about RomneyCourt.com, where you can read “Borking America,” PFAW’s extensive report on Mitt Romney’s top judicial advisor – whose views are so extreme his own nomination was rejected by a bipartisan coalition more than 20 years ago.

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