A Movement’s Katrina Moment

Whatever Mitt Romney says at tonight's debate about how much he cares about ordinary Americans and how good his policies will be for the American people, it will be heard through the filter of the now-infamous 47% video. When he thinks we can't hear him, he calls us parasites. Why should we believe his smooth-sounding reassurances at the debate?

But it's not just Romney himself whose credibility has been damaged: It's the entire anti-government pro-corporate movement that controls the Republican Party.

Since we aren't privy to their private conversations, we have a hard time coming up with hard evidence to prove that their bad policies have equally bad motives. They tell us that laws designed to suppress the vote are really designed to prevent voter fraud. They tell us that economic plans that funnel more and more of our nation's wealth to a tiny plutocracy are really designed to stimulate the economy. They tell us that plans to privatize essential government functions are designed to increase efficiency. They always have plausible deniability.

But with the exposure of Mitt Romney's 47% speech, the entire edifice of plausible deniability has collapsed. The one time we get behind closed doors – the one time we finally get to hear what far-right pro-corporate politicians and their wealthy donors say when they think Americans aren't listening – we hear the unvarnished truth: They don't like us, they don't respect us, and they certainly don't have our best interests at heart.

Romney's subsequent efforts to recover are unlikely to succeed, because voters recognize them as false. Everything Mitt Romney says in public is now seen through the filter of the 47% speech: We know what he really thinks, and it isn't what he says in public. So whatever he says at the debate will just add to the feeling that he cannot be trusted.

We are witnessing Romney's "Katrina moment."

George W. Bush's response while New Orleans was flooding was a wake-up moment for the American people. His credibility evaporated, never to return. As a result, his televised speech from Jackson Square in a darkened and devastated New Orleans was widely recognized as being for show.

Similarly, last week's talk-to-the-camera ad, where Romney tells us how much he cares about the same people he denigrated in secret, just smells of desperation.

But it's not just Romney: It's a "Katrina Moment" for a Republican Party that has increasingly come under the thrall of extremist anti-government pro-corporate forces. In the video, the wealthy donors – Romney and the GOP's financial backbone – didn't exactly push back against his heartfelt speech characterizing half the country as parasites. In fact, in May (when the video was made), Romney outraised Obama, as he did in June and July. Romney clearly knew his audience and inspired them to give in record amounts.

The corporate right has pulled out the stops to get Romney elected. They clearly have no problem with his secretly-uttered contempt for a substantial portion of the American people. So when we see those ubiquitous political ads funded by the likes of Karl Rove's Crossroads GPS or the Koch Brothers' Americans For Prosperity, we should know that the last thing these organizations and their corporate funders have in mind is the welfare of the average American.

PFAW

Republican-Appointed Former Judge: Speed Up Judicial Confirmations

Timothy K. Lewis, a George H.W. Bush nominee who served on the Third Circuit Court of Appeals from 1992 through 1999, offers some perspective on how judicial confirmations were handled before they became mired in hyper-partisan gridlock:

Nineteen years ago, in the fall of 1992, I was nominated by President George H. W. Bush for a seat on the United States Court of Appeals for the Third Circuit. My confirmation hearing lasted one hour. In fact, I had no time to prepare for it. As a federal district judge, I was in the courtroom, charging a jury, when my secretary burst in with the news that my Senate hearing was to be the very next day. That is how much notice I had. When the vote was called only a few days later, I was unanimously confirmed.

Don’t get me wrong. This is not to celebrate me. It is to reflect on a better time for our politics and ask how things went so wrong. Among the 192 Article III judges confirmed during the elder Bush’s presidency, only David Souter and Clarence Thomas faced confirmation battles (with Thomas undergoing a very difficult confirmation battle). But, of course, they were under consideration for the Supreme Court.
 

Compare that now with the Obama administration. The president has had only 96 Article III nominations confirmed and 55 others remain in limbo, awaiting Senate action. They are stuck in a process that should by all constitutional standards remain rigorous, but shouldn’t it also be productive? In the same period of time, George W. Bush had 322 confirmed nominees and Bill Clinton had 372 confirmed.

The Obama administration was slow out of the gate on this one – nominations trickled forth in the early days of the administration when the President’s team should have been well-prepared with the names of nominees. But a considerable amount of the fault for this also has to be laid at the feet of Republicans who have made it a badge of honor to frustrate this President, himself a man of the law, from shaping the federal courts he inherited from George W. Bush. If you doubt this conclusion, reflect for a moment on the Senate minority leader’s comment shortly before the 2010 mid-term election when he said that the top – top — political priority over the next two years should be to deny President Obama a second term in office. Really, Senator? So where on the priority list do we put conducting the Senate’s constitutional business?

The gridlock in judicial nominations has been one of the less-noticed bits of collateral damage from the congressional GOP’s scorched-earth policy. But it has caused very real harm to Americans seeking justice in courts around the country -- there are currently 37 judicial emergencies in the federal courts in areas where the sitting judges are too overworked to provide prompt access to justice. Last week, Senate Republicans made an exception to their gridlock rule to fill the most publicized of those emergencies: the seat of Arizona Judge John Roll, who was murdered in the Phoenix shooting that critically injured Rep. Gabrielle Giffords. Roll had stopped by the Giffords event to tell the congresswoman about the urgent need to fill vacancies on the court.

Senate Republicans’ commitment to delay was made particularly clear when they refused to allow a floor vote on 20 pending nominees, most of whom had advanced with no opposition. The Senate GOP’s foot-dragging on judicial nominees is clearly meant to hobble the president’s attempts at basic governance and preserve the dominance of conservative George W. Bush-appointed judges. But it also amounts to the shirking of a basic duty of the Senate: to fill the judiciary with capable, non-politically-motivated judges.
 

PFAW

Mitt Romney Brings Back Bush’s Economics and Bork’s Jurisprudence

When Mitt Romney announced last month that his campaign’s legal team would be led by rejected Supreme Court nominee Robert Bork, we were somewhat aghast. Bork’s legal record was so extreme – he opposed the Civil Rights Act and the right to birth control, for instance – that his 1987 Supreme Court nomination was rejected by the Senate. And his views have hardly tempered since then – a 2002 PFAW report checked back in on Bork’s crusades against pop culture, freedom of expression and gay rights.

But Robert Bork isn’t the only blast from the past who Romney has brought in to help develop his policies. Today, the former Massachusetts governor announced his economic team – which unsurprisingly includes two prominent economic advisors to George W. Bush, including one of the primary architects of the disastrous 2003 Bush tax cuts.

Two of the four members of Romney’s econ team are former Bush advisers – R. Glenn Hubbard, who was the chairman of the Council of Economic Advisers from 2001 to 2003, and N. Gregory Mankiw, who took over from 2003 to 2005. Hubbard helped devise the tax cuts for the wealthy that were the largest contributor to the ballooning budget deficit under Bush, and which Republicans in Congress still refuse to roll back. Mankiw helped Bush with his plan to privatize Social Security and praised the benefits of outsourcing labor.

Mitt Romney is getting something of a free pass in the current GOP field, but his choice of advisors shows just how extreme he really is. The last thing we need is more economic policies like Bush’s or judges like Bork, but under Romney it seems that’s exactly what we’d get.
 

PFAW

No New Taxes! (Except for the Poor and Middle Class)

You might remember, if you haven’t forced it from your memory, that a few weeks ago Congress participated in some nerve-wracking brinksmanship over a routine but necessary raising of the debt ceiling, risking a disastrous default and ultimately causing the first downgrade of U.S. credit in history.

The reason for that debacle was that that Republicans in Congress were looking for leverage to pursue drastic cuts in government services while refusing any and all revenue increases as per the no-exceptions “no new taxes” pledge the majority of them have signed at the bequest of Americans for Tax Reform's Grover Norquist.

Well, it turns out the GOP’s “no new taxes” pledge might actually have an exception – when it comes to raising taxes on the working poor. Last December, Congress approved President Obama’s request for a temporary reduction of the payroll tax paid by working people with the lowest incomes. The cuts are now set to expire, and unlike George W. Bush’s incredibly costly tax cuts on the wealthy, the GOP is happy to see this tax relief for the poor and middle class go.

Slate’s David Weigel writes that the push to make low-income people pay more taxes while shielding the wealthy and corporations from new tax burdens is part of a changing tax orthodoxy in the GOP, with leaders like Michele Bachmann and Rick Perry advocating for pressing new income taxes on people – largely the elderly and the working poor – who are currently exempted from them:


This isn't a new theory. In 2002 and 2003, long before it got Huntsman in the room, the Wall Street Journal editorialized that poor people who didn't pay income taxes were "lucky duckies." The poor slob with a low income and child tax credit would get a small or nonexistent tax bill, not one that would "get his or her blood boiling with tax rage." The problem here wasn't that the poor slob wasn't paying any taxes; the problem was that his meager tax bill failed to foment enough anger to reduce taxes on other people. Tax cuts for the rich—tax cuts for anyone, really, but the Journal has always been concerned about tax cuts for the rich—require a broad base of outrage.


Republican politicians didn't make this argument—until the Obama era. What changed? For decades, the "lucky ducky" number, the percentage of Americans that pay no taxes, never rose above 30 percent. The Bush tax cuts pushed it over 30 percent, but not too far over. Then, in 2008 and 2009, the economy collapsed. The government responded with, among other things, new tax deductions.


The result: The percentage of people paying no income taxes spiked up to 47 percent and stayed there. When the Tea Party started rallying in 2009, it wasn't protesting higher taxes, because federal income taxes were lower, with more loopholes. It was protesting the perception that productive Americans were shelling out for an ever-expanding class of moochers. And Republicans have taken the Tea Party's lead.


Of course, the increase in taxes on the working poor and the middle class that is currently on the table might not exactly follow the letter of the Americans for Tax Reform anti-tax pledge that the majority of GOP members of Congress have signed. But does it not count when it’s the incomes of the poor and the middle class that are at stake? The Washington Post’s Greg Sargent has put in an asked Norquist’s group if the payroll tax increase violates the pledge, but hasn’t heard back from them.
 

PFAW

Ongoing Focus on GOP Obstruction of Judicial Nominations

Since President Obama took office, Republican obstruction of his judicial nominees has been multifaceted, unstinting, highly partisan, hypocritical, and unprecedented in scope. When the Senate left town at the start of the month, Republican leaders prevented the Democrats from scheduling a vote on 20 extremely qualified nominees who had cleared the Judiciary Committee.

Yesterday, the White House Blog called attention to the obstruction and to the highly qualified and diverse federal bench that the president is working to build:

[T]he President's nominations for federal judges embody an unprecedented commitment to expanding the racial, gender and experiential diversity of the men and women who enforce our laws and deliver justice.

Unfortunately, the delays these nominees are encountering on Capitol Hill are equally unprecedented: earlier this month, the Senate left for its August recess without considering 20 eminently qualified candidates, 16 of whom had passed through the bipartisan Senate Judiciary Committee completely unopposed, a development the Washington Post called "not only frustrating but also destructive" in an editorial published yesterday.

As the Republicans know, their intransigence is exacerbating a destructive vacancy crisis in federal courtrooms, one that is making it harder and harder for Americans to secure their rights:

The victims of these delays, of course, are the American citizens who are being denied the fair and timely judicial proceedings they deserve because of the chronic shortage of federal judges on the bench. Stephen Zack, president of the American Bar Association, told Senate leaders in a recent letter that the abundance of vacant federal judgeships "create strains that will inevitably reduce the quality of our justice system and erode public confidence in the ability of the courts to vindicate constitutional rights or render fair and timely decisions."

Click here to see the White House's infographic highlighting the obstruction and its consequences for families and businesses. It shows that:

  • The average wait time between committee approval and confirmation has leapt from 29 days for George W. Bush's circuit court nominees to an incredible 151 days for President Obama's.
  • For district court nominees, a 20-day wait for Bush's nominees has become a 103-day wait for Obama's.
  • Judicial vacancies have grown from 55 in 2009 to 91 today.
  • People are forced to wait an average of more than two years for a civil jury trial.
PFAW

Goodwin Liu Nominated to California Supreme Court

Today, Governor Jerry Brown appointed Goodwin Liu to serve on the California Supreme Court. Liu, a professor at UC Berkeley with extensive experience in public service, is an exceptionally well-qualified legal scholar. 

“He is a nationally recognized expert on constitutional law and has experience in private practice, government service and in the academic community,” Brown said in his announcement. “I know that he will be an outstanding addition to our state supreme court.”

 Liu’s appointment to the California high court comes after President Obama had unsuccessfully nominated him to the U.S. Ninth Circuit Court of Appeals. Although his sterling credentials were not in doubt and he had strong bipartisan support outside the Senate, unprecedented obstruction by Senate Republicans eventually prevented Liu’s confirmation. After years of claiming that judicial filibusters were unconstitutional when George W. Bush was president, Republican Senators did an about-face that would have done Mitt Romney proud once Obama took office, and they shamefully prevented the Senate from voting on Liu’s nomination.

Governor Brown’s decision is a testament to Professor Liu’s outstanding judicial temperament and readiness to serve. Liu says he is “deeply honored” by the nomination – and this honor is well-earned. Californians will be fortunate to have someone of Goodwin Liu’s caliber on their state supreme court.

PFAW

6th Circuit Court Rules Healthcare Reform Constitutional

In a win for the millions of Americans who are set to receive health insurance through last year's healthcare reform law, the 6th Circuit Court of Appeals has ruled the Patient Protection and Affordable Care Act constitutional. The full ruling can be read here.

The ruling comes in one of several challenges to the healthcare reform law being floated by Tea Party-affiliated groups and Republican attorneys general. (This particular challenge comes from the right-wing Thomas More Law Center.) The groups all challenge the law’s individual mandate, an idea first proposed by conservative groups as an acceptable method of ensuring universal healthcare. The appeals court found that the individual mandate is well within the reach of the Constitution’s Commerce Clause, which allows Congress to regulate commerce between the states.

The 6th Circuit is the first federal appellate court to rule on the healthcare reform law, and it has been called one of the more conservative benches. Judge Jeffery Sutton, a George W. Bush nominee and former Scalia clerk, wrote a concurring opinion upholding the constitutionality of the Affordable Care Act. His concurrence offers a detailed and extremely respectful analysis – and rejection – of the claims that the law violates the Constitution because it compels people to purchase a product. He has been called “one of the nation’s leading advocates for conservative states-rights positions” yet, in addition to rejecting the Commerce Clause argument, he also gave short shrift to More’s Tenth Amendment argument.

From the court’s decision:

By regulating the practice of self-insuring for the cost of health care delivery, the minimum coverage provision is facially constitutional under the Commerce Clause for two independent reasons. First, the provision regulates economic activity that Congress had a rational basis to believe has substantial effects on interstate commerce. In addition, Congress had a rational basis to believe that the provision was essential to its larger economic scheme reforming the interstate markets in health care and health insurance

The ACA is clearly constitutional, but the fight is far from over. Despite the fact that this case has one of the nations’ leading conservatives ruling for the constitutionality of the ACA, there are more constitutional challenges still making their way through the courts.

 

PFAW

Huntsman Polishes His Magic Mirror to Show GOP Voters Whatever They're Looking For

Just who is Jon Huntsman? At this stage, he is whatever anyone hopes that he will be. As he prepares to officially join the gaggle of GOP presidential candidates, his campaign strategists seem to have adopted an "all-things-to-all-people" approach: play up his conservative credentials for Republican primary voters while courting general election voters by promoting his media image as the only moderate in the race. A CNN commentator, for example, calls him "the lone standard-bearer of the center-right in a crowded GOP field." Katrina Trinko, a reporter at the conservative National Review Online, sees this all-things-to-all-people approach as a potentially winning strategy:

It remains to be seen whether Jon Huntsman can successfully be all things to all men. But if, by stressing different parts of his record, he can successfully sell himself as a moderate to centrists and a conservative to hard-liners, he could be difficult to beat.

An analysis of Huntsman's record shows that, faced with the reality that he must appeal to the increasingly far right Republican base, he is quickly trying to jettison formerly held "moderate" positions. We agree with Mississippi Gov. Haley Barbour, who has publicly rejected the notion that Huntsman is a RINO (Republican in Name Only), saying "there's no question he's a conservative."

It's worth noting that many Americans first met Huntsman when he introduced "my friend Sarah" Palin at the 2008 Republican National Convention, exulting that "history will be made tonight!" He praised her strength, tenacity, authenticity and originality, calling her a rebel and a renegade who is "not afraid to kick a few fannies and raise a little hell." Said Huntsman, "We are looking for a beacon of light to show us the way. We are looking for Sarah!"

Huntsman and the Religious Right: Ralph Reed's 'Great Friend'

There are plenty of reasons that former Christian Coalition director Ralph Reed recently introduced Huntsman to a group of right-wing activists as "a good conservative and a great friend."

In 2009, Huntsman told a reporter that he has little patience for traditional "culture war" issues, saying "I'm not good at playing those games." That sounds like a promising and refreshing break from the norm of Republican presidential candidates, but in reality he has played those "games" devastatingly well. He made his efforts to make abortion completely unavailable to women a centerpiece of his address to Reed's "Faith and Freedom Coalition" summit:

"As governor of Utah, I supported and signed every pro-life bill that came to my desk," he said. "I signed the bill that made second-trimester abortions illegal and increased the penalty for doing so. I signed the bill to allow women to know about the pain an abortion causes an unborn child. I signed the bill requiring parental permission for an abortion. I signed the bill that would trigger a ban on abortions in Utah if Roe v. Wade were overturned."

Huntsman has also appealed to the public school-hating wing of the Religious Right. In 2007, he signed a statewide school voucher bill that provided up to $3,000 in taxpayer funds for students attending private schools. That was too much even for voters in conservative Republican Utah, who rejected the attack on public education and overturned the plan through a referendum.

At Reed's recent confab, Huntsman also joined the chorus of speakers warning Tea Party conservatives not to abandon social conservatives. The Republican Party, he said, should not focus on economics to the detriment of the fight to make abortion unavailable, saying that would lead to "a deficit of the heart and soul."

Huntsman and the Economic Right: A Full Embrace of the Ryan Budget

Huntsman, who is making his tax-cutting record as governor of Utah a major campaign theme, has praised Rep. Paul Ryan's radical budget proposal as a "very, very good one." Even though Republicans have been abandoning the Ryan plan in droves, Huntsman has said that he would have voted for the Ryan budget if he were a member of Congress. He has specifically embraced the Ryan budget's plan to essentially abolish Medicare, saying the size of the national debt required drastic policy changes. However, unlike some other Republican governors, Huntsman's concerns about the debt did not prevent him from welcoming federal stimulus funds.

He embraces the Tea Party's warnings about the economy and the suggestion that the nation is being destroyed by internal enemies. He says that America is "buying serfdom" with its deficit spending. Invoking Ronald Reagan's 1964 "A Time for Choosing" speech on behalf of Barry Goldwater, Huntsman says America is at a crossroads, with voters needing to choose "whether we are to become a declining power in the world, eaten from within, or a nation that regains its economic health and maintains its long-loved liberties."

As governor, Huntsman proposed abolishing corporate taxes altogether; campaigning in New Hampshire recently, he suggested that he would cut federal corporate taxes. The 2012 campaign, he says, will determine whether the nation will endure an economic "lost decade" or "unleash the economic magic."

Moving Right on Climate Change

This month the Salt Lake Tribune examined Huntsman's shift on climate issues. Four years ago, he supported a regional cap-and-trade program, saying, "If we do this right, our citizens are going to have a better quality of life, we're going to spawn new technologies and industries, and we're going to leave our most important belongings in better shape for the next generation." That was then, as the paper noted:

But now, in a political environment rocked by recession and a rowdy tea party, and with Huntsman's eyes on a possible presidential run in 2012, his position has evolved. He's still defending the science of climate change, but he has ditched his support for cap-and-trade.

Given that most of the GOP field is in full denial on climate change, Huntsman has gotten some credit for simply acknowledging reality. "All I know is 90 percent of the scientists say climate change is occurring," he told TIME magazine. "If 90 percent of the oncological community said something was causing cancer, we'd listen to them." But, he says, now "isn't the moment" to deal with climate change.
That led the Washington Monthly's Steve Benen to comment:

This is, in general, the worst of all possible positions. Much of the right believes climate change is a "hoax" and an elaborate conspiracy cooked up by communists to destroy America's way of life. These deniers have a simple solution to the problem: ignore it and pretend there is no problem. Much of the left takes the evidence seriously, is eager to address the crisis, and has a variety of possible solutions to the problem, including but not limited to cap-and-trade plans.

Huntsman apparently wants to split the difference -- he accepts the evidence and believes the problem is real; Huntsman just doesn't want to do anything about it.

To borrow his analogy, Huntsman has heard the collective judgment of 90% of the world's oncologists, but believes it'd be inconvenient to deal with the cancer or what's causing the cancer anytime soon.

Moderate Image, Conservative Reality

Huntsman's moderate image is based in large part on his 2009 endorsement of civil unions for gay couples. Five years earlier, when campaigning for governor, he had supported a state constitutional amendment that bans marriage and "other domestic unions" for same-sex couples. Huntsman's rhetorical shift did not find its way into any policy that offers legal protection for gay couples in Utah; he still opposes marriage equality, calling himself "a firm believer in the traditional construct of marriage, a man and a woman."

Huntsman has taken some heat from far-right activists who cannot tolerate the slightest sign of heresy against right-wing dogma. But former George W. Bush official Michael Gerson thinks Huntsman's moderate media image could actually help him by setting initial expectations low among GOP activists:

The media have often covered Huntsman as a liberal Republican -- a Rockefeller reincarnation. After all, he supports civil unions. He made it easier to get a drink at a bar in Utah. This easy press narrative gives Huntsman an odd advantage in a Republican primary: He is more conservative than his image. For many Republicans, he will improve upon closer inspection.

Huntsman's campaign is just getting under way, but his positioning is already clear. Tell Religious Right activists you're one of them by emphasizing your support for the most draconian anti-choice measures. Tell the Tea Partiers you're one of them by backing Paul Ryan's radically anti-government and anti-middle-class budget. And encourage more moderate Republicans to believe you're one of them by calling for civil discourse and offering rhetorical support for short-of-equality measures for same-sex couples. It's a calculated strategy that might make some sense politically, but it seems unlikely that trying to be all things to all people provides a path to victory through the restrictive gauntlet of the Republican primaries.

Cross posted on The Huffington Post

PFAW

It's Time to Confirm Goodwin Liu

The Senate is currently debating the nomination of Goodwin Liu to the Ninth Circuit Court of Appeals. Liu is a phenomenally well qualified legal scholar who has support across the political spectrum, as well as among a majority of U.S. Senators. However, because Senate Republican leaders are putting politics over all else, they are set on stymieing the majority and filibustering the nomination. A cloture vote to end this stalling tactic may occur as soon as tomorrow morning.

People For the American Way supports the nomination. We sent a letter this morning that says much of what we have been saying in person on the Hill for over a year. Among other things, the letter states:

Perhaps the most powerful testament to Professor Liu's superb qualifications is the extensive support his nomination has garnered from across the ideological spectrum. It is not only progressive and moderate legal thinkers who admire his work: He has received endorsements from conservatives such as Ken Starr, Solicitor General under President Ronald Reagan; Richard Painter, the chief ethics counsel for President George W. Bush; and Clint Bolick, Director of the conservative Goldwater Institute.

When a judicial nominee attracts such strong support independent of political ideology, you can be confident that he is exactly the kind of mainstream, talented, and fair jurist we need on the federal bench.

Although Liu has the support of a majority of senators, his opponents are working to block his nomination from receiving an up or down vote. Their claim is that Liu's nomination constitutes one of those rare "extraordinary circumstances" warranting a filibuster, under the benchmark developed by the Gang of 14 during the George W. Bush Administration.

By no measure can this nomination be considered to even approach "extraordinary circumstances." Even a cursory look at President Bush's nominees who were approved using that test – those whose nominations were not considered to constitute "extraordinary circumstances" – makes clear that Liu's nomination must be permitted to go forward.

  • Pricilla Owen's dissenting positions on the Texas Supreme Court were so extreme that even her fellow conservatives on the Supreme Court in different cases described them with phrases like "an unconscionable act of judicial activism," "disregard of the procedural elements the Legislature established," "def[ying] the Legislature's clear and express limits on our jurisdiction," and "inflammatory rhetoric." Her nomination was not considered extraordinary, and the Senate afforded her an up-or-down vote for a seat on the Fifth Circuit, where she is now serving.
  • Thomas Griffith pushed to severely curtail laws ending discrimination against women and girls' participation in school athletic programs, declaring "illegal" a test upheld by all eight of the nation's Circuit Courts of Appeals that had considered the issue. He was also suspended from the DC Bar for failure to pay mandatory Bar dues yet continued to practice law in the District during that time. Published reports and an examination of Utah law indicated that he had been engaged in the unauthorized practice of law in Utah for the four years prior to his nomination. Nevertheless, the Senate did not consider Griffith's nomination extraordinary, and he received an up-or-down vote confirming him to a seat on the DC Circuit Court of Appeals.
  • Janice Rogers Brown criticized opposition to the Lochner decision, which began the period when the Supreme Court issued its most pro-corporate rulings—rulings that struck down laws requiring minimum wages, regulating working hours and conditions, and banning improper business practices. In addition, despite several Supreme Court rulings to the contrary, she explicitly suggested that Title VII of the 1964 Civil Rights Act is unconstitutional. Despite this record, her nomination was not considered an "extraordinary circumstance," and the Senate was allowed to cast an up-or-down vote, confirming her to the DC Circuit Court of Appeals.
  • William Pryor called Roe v. Wade "the worst abomination of constitutional law in our history" and urged Congress to consider repealing or amending Section 5 of the Voting Rights Act. Despite the significant opposition that these and other extreme positions garnered, his nomination was not filibustered, and he was confirmed to the Eleventh Circuit Court of Appeals.

Each of these nominees attracted substantial controversy and was opposed by numerous civil rights and civil liberties groups, but not one was found to constitute "extraordinary circumstances."

The claim that Goodwin Liu is out of the mainstream as compared to any of these nominees simply does not bear scrutiny. In fact, a fair reading of his work makes clear that Liu is well within the judicial mainstream.

By any standard articulated by either party, Goodwin Liu's nomination deserves a vote on the Senate floor, and he should be confirmed to the Ninth Circuit Court of Appeals.

Tomorrow, we will learn which Republican senators are willing to toss logic, consistency, principles, and the good of the nation's court system out the window in order to score political points against a Democratic president.

PFAW

The Unwelcome Return of the Newt

After more than a dozen years out of office, former House Speaker Newt Gingrich jumped into the GOP presidential campaign this week, rolling out his candidacy via social media and a friendly interview with Fox News Channel's Sean Hannity. Gingrich thinks he's just what is needed to save America from itself and its flirtation with Barack Obama and the rest of the evil of what he calls the "secular-socialist machine."

Much of the media attention of Gingrich's candidacy has centered around his role in the 1995 government shutdown, which Gingrich alone seems to think was a great success for the GOP, and his more recent urging of congressional Republicans not to fear a repeat. The implication seems to be that if you're the kind of voter who wants a more combative conservative willing to take down the federal government in order to bring down deficits, Newt may be your guy. But that kind of discussion -- and the crazily early poll-watching "which tier is he in?" stories -- miss something more important. Let's remind ourselves what kind of person Newt Gingrich is, and what kind of impact he has had on our public life.

Gingrich hasn't exactly been in hiding. In fact, he is at the center of his own machine, a 24/7 festival of self-promotion that includes an emailed "Newt and Callista Weekly Recap" courtesy of Gingrich Productions. If self-promotion were the top trait Americans were looking for in a president, Gingrich would be a shoo-in. But the job requires a bit more than that. People For the American Way's Right Wing Watch, Mother Jones and Media Matters have already posted compilations of Newtonian 'wisdom' from a long and dishonorable career. Once you start to consider characteristics like honesty and integrity, it becomes clear that Gingrich is unfit to lead our country.

The Newt McCarthyism

Gingrich is an enthusiastic participant in the right wing's divisive and destructive McCarthyism, portraying his political opponents as enemies of America's very existence. In To Save America, Stopping Obama's Secular-Socialist Machine, he warns, "America as we know it is now facing a mortal threat... The secular-socialist machine represents as great a threat to America as Nazi Germany or the Soviet Union once did... It's up to those of us who love our country to save America from the destructive, irreversible transformation that the Left have in store for us." In Real Change: The Fight for America's Future, he claims that the Obama administration (that would be the Faith-Based Initiative-continuing, National Prayer Day-celebrating, Easter Breakfast-sponsoring Obama administration) "has shown an unprecedented hostility to Christianity." He promotes ridiculous Religious Right claims about religious persecution in America, saying that Christians are threatened by "gay and secular fascism."

Gingrich spoke this spring at the Texas church led by John Hagee, whose support proved too controversial for John McCain in 2008. Newt combined two of his favorite threats, secularists and Islamists, into one memorable, if intellectually incoherent, sentence, declaring that he feared that his grandchildren could grow up "in a secular atheist country, potentially one dominated by radical Islamists and with no understanding of what it once meant to be an American." He told the Christian Broadcasting Network's David Brody, "In a sense, our Judeo-Christian civilization is under attack from two fronts. On one front, you have a secular, atheist, elitism. And on the other front, you have radical Islamists. And both groups would like to eliminate our civilization if they could. For different reasons, but with equal passion."

Newt is also placing himself at the forefront of the concerted conservative campaign to turn "American exceptionalism" into an attack on the patriotism of their political opponents. Candidates like Sen. Marco Rubio made American exceptionalism into a campaign theme in 2010, and hope to continue to smear Democrats as unbelievers in America's divinely-blessed founding and mission in the world. Gingrich has teamed up with Citizens United's David Bossie for a new "documentary" on American exceptionalism, A City Upon a Hill, The Spirit of American Exceptionalism, which features, among others, Donald Trump, Michele Bachmann, Allen West, Andrew Breitbart and Phyllis Schlafly.

Gingrich, an old hand at politics-by-smear, is responsible for much of the venomous state of our politics. In the mid-1990s, his GOPAC distributed to Republican lawmakers a memo titled "Language: a Key Mechanism of Control." The memo urged Republicans to use a set of denigrating words to describe their opponents and the Democratic Party: "decay, failure (fail) collapse(ing) deeper, crisis, urgent(cy), destructive, destroy, sick, pathetic, lie, liberal, they/them, unionized bureaucracy, 'compassion' is not enough, betray, consequences, limit(s), shallow, traitors, sensationalists, endanger, coercion, hypocricy, radical, threaten, devour, waste, corruption, incompetent, permissive attitude, destructive, impose, self-serving, greed, ideological, insecure, anti-(issue): flag, family, child, jobs; pessimistic, excuses, intolerant, stagnation, welfare, corrupt, selfish, insensitive, status quo, mandate(s) taxes, spend (ing) shame, disgrace, punish (poor...) bizarre, cynicism, cheat, steal, abuse of power, machine, bosses, obsolete, criminal rights, red tape, patronage."

Religious Liberty: Hypocrisy and Bad History

Gingrich, like other Religious Right political figures, postures as a defender of Americans' religious liberty against a deeply hostile elite, the "secular-socialist machine." Yet he joined with gusto the opponents of the proposed Park51 Islamic community center in Manhattan, which right-wing activists vilified as the "Ground Zero Mosque," saying, "There should be no mosque near Ground Zero in New York so long as there are no churches or synagogues in Saudi Arabia." In his book, Rediscovering God in America, Gingrich declared, "A steadfast commitment to religious freedom is the very cornerstone of American liberty." Regarding the Islamic center in New York, he said, "No mosque. No self-deception. No surrender."

Gingrich, like other Religious Right leaders, justifies his attacks on Islam by suggesting that it is not really a religion, saying radical Islam "is a comprehensive political, economic, and religious movement that seeks to impose sharia -- Islamic law -- upon all aspects of global society... Radical Islamists see politics and religion as inseparable in a way it is difficult for Americans to understand. Radical Islamists assert sharia's supremacy over the freely legislated laws and values of the countries they live in and see it as their sacred duty to achieve this totalitarian supremacy in practice." Yet while Gingrich decries radical Islamists' goal of achieving "totalitarian supremacy," one of his own organizations, Renewing American Leadership, is run by an advocate of the 7 Mountains Mandate, a dominionist theology that argues that Christians are meant to control the levers of power in every aspect of government and society.

Gingrich is ideologically joined at the hip to "Christian nation" pseudo-historian David Barton. In Barton's worldview, the First Amendment is not about protecting religious pluralism, but was only meant to keep the federal government from siding with one group of Christians over another. Barton believes the First Amendment should not apply at all to the states, but that states should be free to pose religious tests for office, and local religious majorities should be free to use public schools for proselytizing prayer. On Barton's radio show, Gingrich promised that if he ran, he would be calling on Barton for help, presumably the way Barton helped turn out evangelical voters for the Republican Party during George W. Bush's reelection campaign. It seems to be a mutual admiration society. When Barton and other right-wing activists were pushing for changes in Texas textbooks, they urged that Cesar Chavez and Thurgood Marshall be dropped, but that Newt be added.

Gingrich shares Barton's view of the federal courts as evil usurpers of the founding fathers' religious intentions. "There is no attack on American culture more destructive and more historically dishonest than the secular Left's relentless effort to drive God out of America's public square," Gingrich wrote in Rediscovering God in America. In a recent speech to the National Catholic Prayer Breakfast, Gingrich said the courts have been "especially powerful engines of coerced secularization," and that "From the 1962 school prayer decision on, there has been a decisive break with the essentially religious nature of historic American civilization." While in Congress, Gingrich promoted the Religious Right's false claims that courts had somehow banned students from praying, and repeatedly supported efforts to pass a constitutional amendment to return organized prayer to public schools.

Politics over Principle

In addition to intellectual arrogance, a shameless lack of principle may be Gingrich's most identifying characteristic. When the popular uprisings in the Middle East spread to Libya, Gingrich denounced President Obama for not immediately imposing a no-fly zone: "We don't need to have the United Nations. All we have to say is that we think that slaughtering your own citizens is unacceptable and that we're intervening." Less than two weeks later, when the U.S. joined other nations in imposing a no-fly zone, Gingrich attacked Obama, saying "I would not have intervened" and declaring that "it is impossible to make sense of the standard for intervention in Libya except opportunism and news media publicity." Newt clearly knows a thing or two about opportunism and publicity-seeking; getting some coverage for an attack on Obama was clearly more important to him than questions of U.S. policy in Libya.

Hubris

For all the far-right's charges that President Obama harbors anti-democratic tendencies -- Gingrich vowed to Hannity that he would abolish all the White House "czar" positions by executive order -- Gingrich's own behavior has made it clear that he sees himself as so superior to others, such an essential treasure for the nation, that the rules he would apply to others should not apply to him. When his second wife asked Newt how he could give a speech about the importance of family values just days after he admitted that he was having an affair, he reportedly told her, "It doesn't matter what I do. People need to hear what I have to say. There's no one else who can say what I can say. It doesn't matter what I live." That is a breathtaking level of hubris, even by presidential candidate standards. And when the CBN's Brody lobbed him the fluffiest of softballs by asking him to talk about his affairs in the context of his experience of God's forgiveness, Newt blew it by blaming his cheating on his love of country: "There's no question at times of my life, partially driven by how passionately I felt about this country, that I worked far too hard and things happened in my life that were not appropriate."

So Right and So Wrong

Gingrich's policy positions are pretty much standard fare in today's far-right Republican Party, including anti-worker, pro-corporate economic policies and support for criminalizing abortion. He has demonstrated his new-found commitment to the sacred nature of marriage by trying to buy the support of Religious Right activists in presidentially important Iowa, where he funneled about $200,000 into an unfortunately successful campaign to punish and purge three state Supreme Court justices who had voted to end marriage discrimination against same-sex couples in the state.

America is grappling with a set of deeply serious challenges at home and abroad. Americans would benefit from a substantive discussion of those problems and the policy choices that face them. What they're most likely to get from Newt Gingrich is toxic McCarthyism, petty and unprincipled partisanship, and preening self-promotion. Thanks but no thanks.

Cross posted on The Huffington Post

PFAW