American Apartheid? The Republican "Dream" Scheme

Originally published atHuffington Post.

The Senate GOP seems to be banking on the assumption that Latino voters are stupid, or don't read the fine print -- or are not paying any attention at all.

Panicking from a series of polls that show their years of bashing Latinos haven't been endearing them to Latino voters, prominent Republicans are scrambling for a solution. They seem to have found one, at least for now, in a new attempt by Florida Sen. Marco Rubio to rewrite the DREAM Act, the widely popular bill that the Senate GOP derailed in late 2010.

Rubio has come up with a "non-citizen-for-life" concept as he rejiggers the DREAM Act to make it pretty much dream-free. It's a tough trick: how do you create the illusion of a law that looks like it's giving something to Latinos, but which the Tea Party know means nothing?

The authentic DREAM Act offers a path to citizenship for children who were brought to the country without documentation, who graduate from high school and go on to college or the military, allowing them to create a stable life and give back to the country that they call home. Rubio's dream-free proposal gives these young people a nebulous legalized status, so that rather than become American citizens, they will have permanent second-class status - allowed to live, work and pay taxes in the only country they have ever known, but never permitted the ability to vote or exercise any of the rights of full citizenship.

The real cruelty of this Republican proposal is that it seeks to take advantage of the desperation of some DREAM Act-eligible youth to avoid deportation. The Republican proposal offers them that in the short term, but at the price of second-class status for the rest of their lives.They deserve better. Of course, it doesn't have to be this way: not long ago, before the Tea Party drove the GOP's agenda, the authentic DREAM Act enjoyed the support of many Republicans in the Senate. The GOP has paid the price for abandoning the authentic DREAM Act and promoting numerous anti-immigrant policies. Senate Republicans are living in a fantasy land if they believe they can win back Latino voters by inventing a new second-class status for these young people.

They should take a lesson from history. I went to South Africa over 30 years ago, where the government created many different levels of citizenship as a means to keep an unjust system going in a modern world. In addition to "Whites," different categories of "Blacks," "Coloureds," and "Asians" for South Asians, South Africa had to create the category of "Honorary Whites" to accommodate the Japanese and Chinese. We should learn from the lessons of Apartheid and the dangers of creating different levels of citizenship for different people.

That system, thankfully, has fallen, and it has been rightfully judged an historical disgrace, but if today's Republican Party has considered history at all, they're not learning the right lessons. Instead of pushing towards more equality for all people, they've perfected a method of legalizing discrimination by inventing new classes of citizenship for those on whom they don't want to bestow full rights, creating a unique and disturbing American Apartheid.

Add these new immigrant ersatz citizens to a growing list. Republicans want gay people to have a form of citizenship that doesn't include marriage rights -- and if they had their way gay Americans wouldn't be allowed to serve their country in in the military either. Muslims can be citizens, but must fight legal and PR battles just to exercise their First Amendment right to the freedom of religion. People who have served their time in jail for felonies are citizens - but in many states, they aren't allowed to participate in our democracy by voting. And Republican-controlled state legislatures pass laws that make it harder for young people, the elderly, and low-income people to vote -- again, all citizens, legislated out of one of their fundamental constitutional rights.

For a party that claims to be interested in limiting government, today's GOP is surprisingly eager to create new levels of bureaucracy for the sole purpose of depriving some Americans of their rights. Whatever happened to simple? How about an America with equal rights and equal justice for all and a fair path to citizenship for hard-working people who play by the rules?

With the new dream-free DREAM Act, Republicans are trying to create one of their patented new levels of citizenship while pulling a fast one on Latinos and others who care about the fate of immigrants. The problem is, American voters are smarter than they give us credit for - and we know when they're trying to fool us.

PFAW

Oh, You Mean That "Random Person" Sitting Right Next To Me?

Cross-posted on Right Wing Watch

Just yesterday, the Washington Post noted the bizarre stranglehold that Grover Norquist and his anti-tax zealotry has over Republicans in Congress.

Today, during his weekly press conference, House Speaker John Boehner was asked by NBC's Luke Russert what he thought about Norquist's influence on Republicans, to which Boehner responded with a bizarre dismissal:

BOEHNER: Our focus here is on jobs. We're doing everything I can to get our economy going, to get people back to work. It's not often I'm asked about some random person.

RUSSERT: To your conference, is Grover Norquist a random person?

BOEHNER: Listen, our focus is on creating jobs, not talking about somebody's personality.

Ummm ...really? Because the last time we checked, it was rather uncommon for "some random person" to be seated right next to high-ranking GOP leaders like John Boehner:

PFAW

To Defeat Obama, A Simple, Dishonest Plan

We’ve been covering a number of attempts by state GOP lawmakers to prevent traditionally Democratic voters from casting votes that count – including a flood of new laws requiring photo ID to vote.

But all those are nothing compared to what Pennsylvania’s GOP-controlled legislature is considering: changing the state’s system of apportioning electoral votes so that even if President Obama wins the state’s popular vote in 2012, he’d take less than half of its electors. Nick Baumann at Mother Jones reports:

The problem for Obama, and the opportunity for Republicans, is the electoral college. Every political junkie knows that the presidential election isn't a truly national contest; it's a state-by-state fight, and each state is worth a number of electoral votes equal to the size of the state's congressional delegation. (The District of Columbia also gets three votes.) There are 538 electoral votes up for grabs; win 270, and you're the president.


Here's the rub, though: Each state gets to determine how its electoral votes are allocated. Currently, 48 states and DC use a winner-take-all system in which the candidate who wins the popular vote in the state gets all of its electoral votes. Under the Republican plan—which has been endorsed by top Republicans in both houses of the state's legislature, as well as the governor, Tom Corbett—Pennsylvania would change from this system to one where each congressional district gets its own electoral vote. (Two electoral votes—one for each of the state's two senators—would go to the statewide winner.)


This could cost Obama dearly. The GOP controls both houses of the state legislature plus the governor's mansion—the so-called "redistricting trifecta"—in Pennsylvania. Congressional district maps are adjusted after every census, and the last one just finished up. That means Pennsylvania Republicans get to draw the boundaries of the state's congressional districts without any input from Democrats. Some of the early maps have leaked to the press, and Democrats expect that the Pennsylvania congressional map for the 2012 elections will have 12 safe GOP seats compared to just 6 safe Democratic seats.


Under the Republican plan, if the GOP presidential nominee carries the GOP-leaning districts but Obama carries the state, the GOP nominee would get 12 electoral votes out of Pennsylvania, but Obama would only get eight—six for winning the blue districts, and two (representing the state's two senators) for carrying the state. This would have an effect equivalent to flipping a small winner-take-all state—say, Nevada, which has six electoral votes—from blue to red. And Republicans wouldn't even have to do any extra campaigning or spend any extra advertising dollars to do it.
 


Baumann adds:

Nebraska and Maine already have the system the Pennsylvania GOP is pushing. But the two states' small electoral vote values mean it's actually mathematically impossible for a candidate to win the popular vote there but lose the electoral vote, says Akhil Reed Amar, a constitutional law professor at Yale University. Pennsylvania, however, is a different story: "It might be very likely to happen in [Pennsylvania], and that's what makes this something completely new under the sun," Amar says. "It's something that no previous legislature in America since the Civil War has ever had the audacity to impose."

In theory, there’s nothing wrong with apportioning electoral votes by congressional district like Maine and Nebraska do – but when the strategy is combined with political gerrymandering and applied only selectively it becomes decidedly undemocratic. That Pennsylvania Republicans are not planning to divvy up the state’s electoral votes to match the percentage breakdown of the popular vote indicates that this has nothing to do with reflecting the will of the people, and everything to do with aggressive anti-democratic power plays.

The plan, though dishonest, is perfectly legal – and available to a number of large states now controlled by GOP legislatures.

The plan seems almost too convenient for the Pennsylvania GOP, but I wonder if it would backfire – suppressive laws like voter ID requirements can be hidden under made-up “voter fraud” threats, but what excuse could a legislature come up with for a plan to make every single Democratic voter in the state count for less? I’d like to think that once fair-minded Pennsylvanians get a whiff of this, they won’t let their legislature get away with it.

h/t Digby’s Hullabaloo
 

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

Senate Republicans Only Delayed Four of Five New Nominees Today!

This morning, Republicans on the Senate Judiciary Committee did something they have done only a handful of times: They exercised their discretion NOT to obstruct one of President Obama's judicial nominees.

The Committee was scheduled to vote on ten nominations this morning. With only four exceptions during the entirety of Obama's presidency, Republicans have exercised their prerogative to delay a committee vote for judicial nominees, even when those nominees are unopposed and are desperately needed to address burgeoning judicial emergencies. It is part of their larger strategy to throw sand in the wheels of the confirmation process in every way possible.

This morning, they did not request a delay for Jennifer Guerin Zipps, who has been nominated to be a district judge in Arizona. What makes Guerin Zipps different? The seat is a judicial emergency, but that has not mattered before. The nominee is unopposed, but even nominees without opposition and with the strong support of their Republican home-state senators have seen their votes delayed.

Only one thing makes this nomination different: Republicans know that the American people are paying attention, because this is to fill the seat that was held by Judge John Roll, who was among those killed in Tucson last January when Congresswoman Gabrielle Giffords was shot. Roll was seeking to meet Giffords to discuss the worsening caseload crisis overwhelming the area's federal judges. Americans were appalled by the violence, which brings this particular vacancy far more public attention than usual.

Knowing the American people are somberly watching, Senate Republicans declined to play political games with this nomination.

Not surprisingly, for all the other nominations that were scheduled for a committee vote for the first time this morning, they demanded a needless delay.

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

GOP Planning to Use Disaster Aid as a Bargaining Chip

Steve Benen points out that in the wake of Tuesday’s East Coast earthquake and in anticipation of the hurricane expected to hit the eastern states this weekend, House Republicans are getting ready to use disaster aid as a political bargaining chip.


Specifically, House Majority Leader Eric Cantor is making it clear that the House won’t dole out disaster aid unless it is met by equal budget cuts to a clean-energy program – a kind of political bargain that’s usually off the table for urgent relief funds. Benen writes:

For all of our differences over party, ideology, and creed, we know that when disaster strikes and our neighbors face a genuine emergency, America responds. We don’t ask what’s in it for us; we don’t weigh the political considerations; we don’t pause to ponder the larger ideological implications. That’s just not how the United States is supposed to operate.

Until now.

I can’t help but wonder why Republicans don’t hesitate to finance wars without paying for them, bailout Wall Street without paying it, and offer subsidies to oil companies without paying for them, but when an American community is struck by a natural disaster, all of a sudden, the GOP is inclined to hold the funds until the party gets offsetting cuts.
 

PFAW

The Play Rick Perry Didn’t Want Performed

The Austin Chronicle has set up a new Twitter account devoted exclusively to digging up old stories on the shenanigans of Texas Gov. Rick Perry. They’ve pulled up some good stuff, including this story from last year on the governor’s involvement in shutting a planned student production of a controversial play at Texas’ Tarleton State University.

The play in question was Terrence McNally’s Corpus Christi, which provoked a furor from Religious Right groups when it was first released in 1998 because of its depiction of a gay Christ. The production was canceled after the playwright and theater staff received death threats, but it was later reinstated – with metal detectors at the door. People For the American Way Foundation was among the groups defending the right of the play to be put on in peace at the time, staging "A Quiet Walk for the First Amendment" in front of the theater on opening night.

How times have not changed. When a student at Tarleton State started working on a production of Corpus Christi last year, he ran up against opposition from none other than Texas’ Lieutenant Governor, David Dewhurst. Dewhurst issued a press release attacking the student production as a “lewd display” and “morally reprehensible to the vast majority of Americans.” The backlash unleashed by Dewhurst’s statement was so strong that the professor in charge of the show ultimately decided to cancel it and three other student productions because of “safety and security concerns for the students.”


While Perry’s deputy was the public face of the opposition to the show, the Chronicle dug up a tidbit from the Texas GOP website that made it clear that the governor himself was not only aware of but also involved in the censorship effort:


In a "thank you" note on the Texas GOP Vote website, Conservative Republicans of Texas President Steve Hotze gives credit (a-hem) to Dewhurst for his moment of censoriousness, but then adds this interesting little factoid:


We also owe a debt of gratitude to Governor Perry for his behind the scenes work to stop the play at Tarleton State. Ray Sullivan, the Governor’s Chief of Staff, was notified of the play on Thursday and after discussing it with the Governor, the necessary steps were taken to ensure that its performance was canceled.


This all brings to mind the GOP’s latest successful censorship attempt, targeting a recent exhibition about gays and lesbians in American Art at the National Portrait Gallery. Like the criticism of Corpus Christi, the criticism of the exhibit centered on both its acknowledgement of gay people and on a depiction of Christ that some on the Religious Right found objectionable. The groups targeting the exhibit were led by the far-right Catholic League, which also, not coincidently, was a leader in the fight against the original production of Corpus Christi.

The success of Religious Right censorship campaigns depends, in a large part, on the willingness of elected officials to play along. In the 1980s and 1990s, Jesse Helms took on the role of censorship champion. In the most recent Smithsonian scandal, John Boehner and Eric Cantor were more than willing to echo the complaints of far-right groups like the Catholic League. And if Perry’s involvement in the Tarleton Corpus Christi incident is any indication, if he were president he would be happy to lend his hand to similar efforts.

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

DHS Announcement on Deportations Marks Significant Step Toward Comprehensive Immigration Reform, Work Remains

On August 18, the Department of Homeland Security announced a major shift in its deportation priorities, monumental news and a very encouraging first step toward comprehensive immigration reform in America. DHS will now focus its deportations on only the highest priority cases, primarily those with criminal records or who pose threats to national security.  Low priorities will include veterans, those brought to the US as children, and spouses and families, where the administration’s understanding includes LGBT families. All 300,000 cases currently pending are up for review, as are future cases.

This change in policy is a significant victory for advocates of comprehensive immigration reform, including supporters of the DREAM Act and the Uniting American Families Act, but much more work remains to be done. The change only applies on a case-by-case basis: as José Antonio Vargas, founder of DefineAmerican.com, pointed out on his blog, broad policy change will have to come out of Congress. It seems the Obama administration has done as much as it can while Republicans continue to move the goal-posts on what they deem acceptable, as Rachel Maddow argued last night. Indeed, the Obama Administration has met Republican demands in increasing enforcement: 2009 and 2010 saw a continued increase in the number of people deported, despite a sharp decline in border apprehensions, meaning the Administration is deporting more people even while fewer are trying to get into the country illegally. We must continue to push for change that comprehensively addresses the needs of millions more immigrants not affected by this announcement.

You can read more about the new deportation policy here, and be sure to check out our fact sheets on the DREAM Act and the Uniting American Families Act.

PFAW