The Commerce Clause and American Progress

In the Tea Party, it’s all the rage these days to declare everything unconstitutional – Social Security, Medicare, unemployment insurance, disaster relief, federal civil rights laws, health care reform, basically any law that enables the federal government to take on national-scale problems.

One of the main strategies that the Tea Party has been using to push this extreme and regressive view of the Constitution is pushing aside the Commerce Clause, the clause in the Constitution that gives Congress the power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.”

The Commerce Clause, long recognized by courts as the rationale for important progressive economic programs, has come under fire from opponents of health care reform, who are arguing in the courts – with mixed success -- that the clause does not allow the Affordable Care Act’s individual health insurance mandate.

In a new report, People For the American Way Foundation Senior Fellow Jamie Raskin argues that “a powerful case can be made “that the Commerce Clause is “the most important constitutional instrument for social progress in our history.”

Without it, Congress could not have passed the National Labor Relations Act, the Fair Labor Standards Act, the Clayton and Sherman Anti-Trust Acts, the Civil Rights Act of 1964’s prohibition of race discrimination in hotels, restaurants and other places of public accommodation, the Occupational Safety and Health Act, the Equal Pay Act, the Clean Air Act, the Clean Water Act and dozens of other federal statutes protecting the environment and establishing the rights of citizens in the workplace and the marketplace.


Why, then, does the Commerce Clause seem pale and dull next to the Free Speech and Equal Protection Clauses?
Perhaps it is because these provisions clearly declare radiant principles of liberty and equality that translate into easily understood and intuitively attractive protections against arbitrary government power.

Because the Commerce Clause has been a powerful instrument of social reform over the last century, its meaning has periodically provoked deep jurisprudential controversy. This is ironic since the Court routinely and unanimously upheld congressional assertion of a comprehensive federal commerce power before broad democratic purposes entered the picture. The commerce power became the target of virulent attack by corporate conservatives when progressives and labor gained political influence and used this power as the constitutional basis upon which to regulate and improve the character, terms and conditions of the American workplace and marketplace in favor of large numbers of the American people.


Raskin follows the Commerce Clause from its origins at the Constitutional Convention, through the Lochner era, when an activist court “put the Commerce Clause in a straightjacket” to strike down federal worker protection laws and other attempts to regulate interstate commerce, to the late 1930s, when the court returned to a more expansive view of the clause, allowing progressive economic programs and civil rights reforms to flourish, to the Rehnquist Court, which again began to narrow down the scope of Congress’s constitutional regulatory power, to challenges to the Affordable Care Act, which threaten to take us back to the Lochner era.
 

You can read the full report here.

PFAW

Resurrecting Lochner

Right-wing columnist George Will has a column this morning filled with deception and misdirection on the Supreme Court's infamous Lochner decision. Lochner was the decision in which arch-conservative Supreme Court Justices struck down New York's law setting a maximum work week for bakers (six days a week, ten hours a day).

Because of their much greater economic power, employers in New York had been able to compel employees to agree to terrible working conditions. The Lochner Court, seeking a way to impose its own economic and social policies, decided that the law violated the individual baker's constitutional right to freely contract his labor. As manipulated by these Justices, the Constitution enshrined the "right" of the powerless individual to remain powerless in the face of oppression.

Lochner has come to represent the far-right Court's use of the Constitution to impose its own preferred economic and policy goals. The Lochner era saw the Court strike down laws limiting child labor, setting a minimum wage and protecting union rights, all in the name of the Constitution.

Such wild judicial activism has been thoroughly discredited since the 1930s. But as the Roberts Court increasingly chooses to legislate from the bench to protect Big Business, forces of the Right are going so far as to seek to resurrect Lochner. Will writes that

Since the New Deal, courts have stopped defending liberty of contract and other unenumerated rights grounded in America's natural rights tradition. These are referred to by the Ninth Amendment, which explicitly protects unenumerated rights "retained by the people," and by the "privileges or immunities" and "liberty" cited in the 14th Amendment.

Reading that, you would never know that it is conservatives and not liberals who for decades have tossed the Ninth and Fourteenth Amendments in the trash heap by claiming that if a right is not specifically enumerated in the Constitution, then it does not exist. Conservatives have heaped scorn on the idea that the Constitution protects the right to privacy. How many times have they said that the word "abortion" doesn't appear in the Constitution, as if that was at all relevant?

And the idea that the Supreme Court has "stopped defending the liberty of contract" is absurd. What it has done is stop misusing the liberty of contract to strike down consumer and employee protections.

During the First Gilded Age of the late 18th and early 19th centuries, American society had evolved significantly from our nation's founding. With the unprecedented consolidation of wealth, large corporations and their owners and managers dwarfed individuals in power in a way that our nation had never seen before. In addition, we were changing from an agricultural nation of independent farmers and small merchants into an industrial nation where millions of people began to rely on wage labor with vastly more powerful employers for survival.

Fortunately, the Constitution protects individuals from enthrallment to the powerful, whether it is a government or a private actor holding the whip. In the latter case, it empowers Americans to consolidate our power – through government – to accomplish that which individuals cannot do, including countering the otherwise unbridled power that economic forces have granted to some.

The corporate-funded Tea Party movement is perhaps the most visible effort to discredit the idea that Americans have the constitutional right to prevent giant corporations from oppressing workers, destroying the environment, and endangering consumers at will. The Constitution is not a tool to be wielded against Americans in the service of a developing and growing plutocracy; it's a shield to ensure all Americans have equal rights and protections under the law.

PFAW

The 2012 GOP Field: Not Even Ronald Reagan Could Get This Nomination

Tonight, eight GOP presidential candidates will alight on sacred ground to some: the Ronald Reagan Presidential Library in Simi Valley, California. As the candidates pay the required perpetual homage to the 40th president, the rest of us might take some time to reflect on just how far off the Reagan Ranch the Republican Party has gone.

Since the advent of the Tea Party, the Republican establishment has adopted a philosophy that you could call "Xtreme Reagan" -- tax cuts for the wealthy without compromise, deregulation without common sense, social conservatism without an ounce of respect -- that makes even a liberal like me almost miss the political pragmatism of the Gipper. It's terrifying that former Utah Gov. Jon Huntsman, a hard-line economic and social conservative, whose regressive economic policies as governor were to the right of Reagan, is now widely considered to be too far to the left to even be a contender.

Don't get me wrong -- I never was a fan of Ronald Reagan and his policies. But I miss the days when believing in science and being able to do basic budget math didn't make you a radical Socialist.

Reagan, a savvy politician, rode to power on the money of corporate America and the passion of an increasingly politicized Religious Right -- and, for the most part, gave both groups enough of what they wanted once he was in office to keep them both happy. But he also bucked those interests at some important points. Contrary to current Reagan hagiography, he raised taxes 11 times during his eight years in office -- including the largest corporate tax hike in American history -- when it became clear that pure trickle-down economics would be disastrous for the economy. And in 1981, over the objections of anti-choice groups, he nominated the highly qualified and politically moderate Sandra Day O'Connor to serve on the Supreme Court.

Today's Tea Party candidates, as they love to remind us, are beholden to the same interests. But they have taken the Reagan strategy a step further, turning the values of the Reagan coalition into a new, unyieldingly rigid conservative orthodoxy.

In the Tea Party orthodoxy, environmentalism isn't just bad for business, it's unbiblical. Tax cuts aren't just what the rich want, they're what Jesus wants . The Democratic president isn't just a liberal, he's a foreigner trying to destroy America from within. Conspiracy theories become hard-and-fast facts before you can change the channel away from Fox News. There's no compromise when you live in an air-tight world of unquestioned beliefs that become created facts.

Let's take a look at how the eight GOP candidates debating tonight have taken Xtreme Reaganism and made it their own:

  • Rick Santorum: Compared health care reform to drug dealing, said it will make Christians "less than what God created you to be," said it would "destroy the country"; compared gay relationships to "man-on-dog sex"; slammed the Supreme Court decision ensuring the right to access contraception.
  • Herman Cain: The most unabashedly anti-Muslim candidate in the field (and that's saying something!), proposed a religious test for office for Muslims who wanted to work for his administration.
  • Newt Gingrich: Where to begin? Maybe with the threat of a "secular atheist country... dominated by radical Islamists." Or with the threat of "gay and secular fascism." Or with his entire record as Speaker of the House of Representatives. You choose.
  • Ron Paul: Supposedly the most "libertarian" figure in the GOP, but does not support personal liberties for women or gay people. Still thinks the Voting Rights Act was a bad idea and we were better off before FEMA.
  • Jon Huntsman: The supposedly "moderate" candidate in the GOP field, enacted a highly regressive flat tax as governor of Utah, tried to eliminate corporate taxes, and banned second-trimester abortions.
  • Michele Bachmann: Calls homosexuality "personal enslavement," wants to reduce government to "its original size," says those who believe the science of evolution are part of a "cult following."
  • Mitt Romney: Believes whatever the Republican base wants him to believe, which these days is pretty far off the rails.
  • Rick Perry: Kicked off his presidential campaign by holding an event with the most extreme leaders of the Religious Right he could find, including a pastor who thinks that God sent Hitler to hunt the Jews and another who thinks that the Statue of Liberty is a "demonic idol."

This is the field that the Party of Reagan has produced to appeal to a right-moving and increasingly isolated base -- where the architect of health care reform has to run against himself, where the most libertarian still isn't willing to cross the Religious Right, and where the highest-polling has floated the idea of his state seceding from the union.

Listen tonight as you hear the homage to Ronald Reagan and consider how radical this party has actually become.

Cross posted on Huffington Post

PFAW

Funnywoman Bachmann

Michele Bachmann said she was joking when she suggested this weekend that last week’s earthquake and the deadly Hurricane Irene were a message to Washington from God. Here are a few recent statements that we hope are also jokes:

• What people recognize is that there's a fear that the United States is in an unstoppable decline. They see the rise of China, the rise of India, the rise of the Soviet Union and our loss militarily going forward." 8/18/11

• “Literally, if we took away the minimum wage — if conceivably it was gone — we could potentially virtually wipe out unemployment completely because we would be able to offer jobs at whatever level.” 2005

[Gay marriage] is an earthquake issue. This will change our state forever. Because the immediate consequence, if gay marriage goes through, is that K-12 little children will be forced to learn that homosexuality is normal, natural and perhaps they should try it.” 7/28/11

• “Carbon dioxide is portrayed as harmful. But there isn’t even one study that can be produced that shows that carbon dioxide is a harmful gas.” 2008

The list goes on.

PFAW

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

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

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

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


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


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


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


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


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


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

PFAW

Rick Perry: Uniting the Really Far Right and the Really, Really Far Right

Cross-posted from the Huffington Post

Texas Gov. Rick Perry formally launched his presidential campaign last weekend, apparently hoping to upstage those competitors who were slugging it out in the Iowa Straw Poll. The event was won by Michele Bachmann, whose core supporters come from the same Religious Right-Tea Party crowd expected to be Perry's base. He may have just made it official, but in fact Perry has already been running hard. A week before his announcement, he solidified the devotion of Religious Right leaders and activists with a defiantly sectarian prayer rally sponsored by some of the country's most extreme promoters of religious and anti-gay bigotry. His financial backers began hitting up donors a while ago.

Perry is hoping to take advantage of a relative lack of enthusiasm for the current Republican field and its erstwhile front-runners. His potential to upset the field is reflected in the fact that he was polling in the double-digits before even entering the race, drawing far more support than candidates like Newt Gingrich and Rick Santorum who have seemingly been running for years. Ed Kilgore at The New Republic wrote recently that Perry has become "the unity candidate of the GOP" because he "seems to perfectly embody the Republican zeitgeist of the moment, appealing equally to the GOP's Tea Party, Christian Right, and establishment factions while exemplifying the militant anti-Obama attitude that holds it all together." Perry does indeed draw support from both establishment and far-right Republicans: last year, prizes offered by his election campaign included lunch with GOP strategist Karl Rove and a spiritual tour of the U.S. Capitol with right-wing pseudo-historian David Barton.

The Religious Right

Perry's love affair with even the most extreme elements of the Religious Right is a long-term relationship that started years before the recent prayer rally. Over the years, Perry has persistently backed the efforts of Religious Right activists on the Texas school board to use the textbook selection process to impose right-wing religious and political ideology on science and history textbooks. He has shown little respect for the separation of church and state and has worked to further restrict access to abortion in the state.

His reelection campaigns have relied heavily on church-based organizing and networks of far-right evangelical pastors mobilized by the likes of self-described "Christocrat" Rick Scarborough. According to the Texas Freedom Network, Between May 2005 and October 2008 the Texas Restoration Project held eight pastors' policy briefings. Part of Perry's invitation to the October 2008 event said:

While Congress occupies its time trying to legislate defeat in Iraq, we hope you will attend a Pastors Policy Briefing that will equip you to walk point in the war of values and ideas.

Rediscovering God in America -- Austin is intended to remind us that excuses are not the proper strategy when facing evil and confronting enemies. Instead, we must rally godly people and seek God's provision for the resources, the courage, and the strength necessary to win and, ultimately, glorify Him.

In 2009, he participated in a closed-door session with Texas pastors sponsored by the U.S. Pastor Council, and hosted a state prayer breakfast that featured Gary Bauer as the keynote speaker. And last year, he was visited by a group of pastors associated with the dominionist New Apostolic Reformation, who told him that God had chosen him for bigger things; they were among the leaders of last weekend's "Response."

The Response itself was called by Perry but sponsored and paid for by the American Family Association, which has been designated a hate group by the Southern Poverty Law Center for its pattern or spreading false and denigrating information about gay people, and which promotes some of the ugliest bigotry spewed on the nation's airwaves. Among the extremist co-sponsors and speakers at The Response were dominionist Mike Bickle, who has said that Oprah is a harbinger of the anti-Christ, and pseudo-historian David Barton, who claims that Jesus opposed progressive taxes, the minimum wage, and collective bargaining by unions.

The Tea Party Right

Perry also seamlessly blends the Tea Party's anti-Washington fervor with the Religious Right's Christian-nation vision. Last year, at an event sponsored by the Texas Eagle Forum, Perry said the November 2010 elections were "a struggle for the heart and soul of our nation." Said Perry, "That's the question: Who do you worship? Do you believe in the primacy of unrestrained federal government? Or do you worship the God of the universe, placing our trust in him?"

If it seems remarkable and contradictory that Perry would seek the presidency so soon after speculating on the benefits of seceding from the union "if Washington continues to thumb its nose at the American people," it is no less contradictory than Perry promoting his anti-Washington book, "Fed Up: Our Fight to Save America from Washington," while repeatedly requesting federal emergency assistance to fight wildfires that have raged in Texas this year.

The Economic Right

Perry is almost certain to make jobs -- and his claims that Texas' low-tax, low-regulation, low-wage environment would be good for what ails America -- a centerpiece of his campaign. In fact he has been publicly praying about regulations that he says stifle business and jobs. That vision will almost certainly make Perry popular among the corporate funders that are increasingly funneling money into Republican campaigns in the wake of the Supreme Court's Citizens United decision that corporations have the same rights as citizens to influence elections.

Perry's economic policies may be good for corporate profits, but they aren't much of an economic model for the rest of us. Nobel Prize-winning economist and New York Times columnist Paul Krugman wrote earlier this year:

Texas is where the modern conservative theory of budgeting -- the belief that you should never raise taxes under any circumstances, that you can always balance the budget by cutting wasteful spending -- has been implemented most completely. If the theory can't make it there, it can't make it anywhere.

Debt owed by the state of Texas has doubled during Perry's tenure as governor; the state's per-capita debt is worse than California's. And this year, Texas lawmakers wrestled with a budget shortfall that Associated Press called "one of the worst in the nation." Perry's budget relied heavily on federal stimulus funds to plug a massive 2010 budget deficit. The budget finally passed this year cut some $4 billion out of state support for public education and is expected to result in tens of thousands of teacher layoffs.

Meanwhile, Texas ranks at or near the bottom of many indicators of individual and community health. It is worst in the country in the percentage of children with health insurance and pregnant women receiving early prenatal care. It has the highest percentage of workers earning at or below the minimum wage. It has the lowest percentage of adults with a high school diploma. It is worst for known carcinogens released into the air and among the worst for toxic pollution overall.

The Right Online

Perry has sometimes adopted the Sarah Palin approach to media. According to the conservative Daily Caller, Perry declined to meet with newspaper editorial boards during his primary race against Sen. Kay Bailey Hutchison, but "went out of his way to make himself available to conservative bloggers." The Caller's Matt Lewis predicts that "a large percentage of conservative bloggers for sites like RedState.com" will "jump on the Perry bandwagon."

Perry the Prevaricator Perry statements have received no fewer than seven "pants on fire" ratings from Politifact Texas; he earned those awards for repeated false statements about his policies and his political opponents. Of 67 Perry statements reviewed by Politifact, 14 were declared false in addition to the seven "pants on fire" lies -- while another 10 were rated "mostly false." Only 17 were considered true (10) or mostly true (7), with 19 called "half true."

Perry and the Republican Party

If Rick Perry does indeed become the Republican "unity candidate," that will be further evidence that the GOP has become the party of, by, and for the far right -- a party that has abandoned any credible claim to representing the economic interests or constitutional values embraced by most Americans.

PFAW

After 2 big wins, what now? We keep fighting!

dont retreat recall

The political balance of power in Wisconsin was decided last night by just a few thousand votes. We were just two thousand votes from a political earthquake, but the fact remains that we gained ground, they lost it. Republicans held on to their majority -- barely -- by cashing in on their massive corporate support and the unlimited dollars which flowed from that support in the post-Citizens United era. But we changed the game and seized momentum heading into the next battles.

This David vs. Goliath fight, in which underdog progressives successfully took down two Goliaths and came incredibly close to defeating a third and taking back the State Senate, has inspired progressives across the country ... helped expose the corporate interests so intent on keeping right-wing officials in power ... and shown that if we can compete this closely in heavily Republican districts, we can definitely win statewide.

Thank you so much for your incredible energy, support and activism, all of which fueled our campaign and will be indispensible in the next part of the effort.

People For the American Way's Recall the Right the campaign, due to the overwhelming support and generosity of members like you:

  • Distributed more than 89,000 direct mail pieces, 4,300 TV spots and 170,000 calls to persuadable voters,
     
  • Engaged thousands of activists, and
     
  • Aired final-week ads against right-wing Sen. Alberta Darling which undoubtedly contributed to the unexpected closeness of her race against Democrat Sandy Pasch.

The two progressive wins last night -- the successful recalls of Sens. Dan Kapanke and Randy Hopper -- were in two districts where PFAW was very active, with our final-week ad-buys in the Hopper race arguably making the difference that put Democratic Senator Elect Jessica King over the top. PFAW enthusiastically endorsed both Jessica King and Senator Elect Jennifer Schilling -- two strong progressive women who will be strong advocates for working families in the Wisconsin Senate.

I won't sugar coat it. It was extremely painful to come SO close to the "Grand Prize" of three wins, which would have flipped control of the Senate, and to fall slightly short.

But being demoralized and focusing on where we fell short gets us nowhere, while remaining energized and focusing on what we achieved will propel us into the next round of -- even more impressive -- victories.

  • We have cause for optimism that the dynamic in the State Senate will be completely different and while Democrats won't have the majority, they will be able to stop much of the far-right agenda.
     
  • We know that we are in better position than ever to recall Gov. Walker at the beginning of next year -- if we made this much of an impact in "red," Republican districts, our statewide campaign to recall Walker, in which we'll be able to turn out masses of voters in the most progressive-leaning cities and counties in Wisconsin, should have Republicans very nervous.
     
  • Most urgent, this coming Tuesday, August 16, we need to defend our victories from last night by defending the two remaining Democratic incumbents who have been targeted by the Right Wing with their own recall efforts.

Two members of the heroic "Wisconsin 14" have been targeted by the Republicans and their corporate backers for recall, this Tuesday. These are the Democratic senators who pulled out all the stops, courageously left their state and made tremendous sacrifices trying to stop Gov. Walker's infamous union-busting plan. They fought hard for Wisconsin's working families and we have to fight hard for them. If right-wing Republicans are able to unseat even one of the two Democratic incumbents on Tuesday, they will have gone a long way in taking last night's victories away from us.

Protecting those Democratic incumbents is so important that PFAW will be sending staff to Wisconsin to help with the field campaign.

Right-wing pols, pundits and Fox News hosts are already trying to spin and distort the results as a victory for the Tea Party, Gov. Walker and the GOP on the whole, but that is utter nonsense. Progressives gained two senate seats and Republicans lost two, significantly weakening Walker's majority. Gov. Walker caught a glimpse of how vulnerable he will be to recall next year. And we must stay mindful that the "victory" the Right Wing is gloating about in the first place is one against working people -- teachers, firefighters, cops, nurses, snowplow drivers and the rest of the middle-class Wisconsinites who went head to head with America's greediest corporate interests in these recall elections.

Last night we won two historic victories by removing from office two right-wing Republican state senators who had been considered entrenched, safe in their seats, before they joined Gov. Scott Walker's assault on workers' rights and the middle class. That's what democracy looks like. And that's what accountability looks like.

Thanks again for everything you've done and continue to do in the Recall the Right campaign. It's not over until the polls close next Tuesday. We hope you'll help us seal up these important wins!

 

PFAW

Wisconsin News Round-Up, 8/5

News from Wisconsin:

  • Election Day is only four days away, but there’s still a long road ahead. RNC Chair Reince Priebus, in a spectacular failure of expectations management, said Friday that the RNC is “all in” on the Wisconsin recalls, and that they’re “not nervous” about winning the elections. I’m not sure I believe him, especially as his position has now shifted to “nothing to see here, move along please”, telling reporters these are local races and there's no national significance to the recalls. That would be why the Republican National Committee that Priebus chairs is pouring money into the race, right? He might be on to something, though: regardless of the outcome of the elections, the people have already won by shining a light on the plight of working people and the dangerous policies of Walker’s right-wing agenda. Still, with We Are Wisconsin announcing they have contacted one million voters, and absentee voting at “near record pace” in some areas, I think Priebus has reason to be nervous. Even Dan Kapanke seems to agree, with the Pierce County Herald reporting that Kapanke said Republicans better hope public employees sleep through Election Day. Except it’s not just public employees he has to worry about: it’s seniors, students and ordinary working families across Wisconsin who have been damaged by Walker’s policies, and unfortunately for Kapanke, I think they already woke up.
  • Still, that doesn’t mean the radical Right isn’t fighting with all they’ve got (which is a lot) to win this thing, and they’re not playing by the rules, either. Americans For Prosperity, a Koch brothers front group which has already funded Walker’s campaign against Wisconsinites, is sending out absentee ballots with false information on them, telling voters to return their ballots after election day, to a non-government address used by other right-wing groups in the past. Stay classy!
  • Last week, we learned that Kim Simac thinks our public schools have similarities to schools under the Nazi regime. This week she’s clarifying those comments, by telling us our public schools have similarities to Nazi schools. Asked about her comments, she told WPR that she’s “not worried that we're going that way, absolutely not”, but then went on talk about “similarities that seem to happen”, concluding that this isn’t “a conversation that I should hide from.” Please, Kim, let’s keep talking about our Nazi schools. It’s not like there’s an economy that needs fixing or anything.
  • Alberta Darling is still managing to surprise us with her detachment from reality: she thinks people who earn over $250,000 “aren’t wealthy people” and thus deserve a tax break, while working families continue to struggle with the consequences of Walker’s massive cuts. By the way, the median household income in Wisconsin is less than one-fifth of that at $49,994 (which means half the households in Wisconsin earn less than that). About 2% of Americans, and 3% of small businesses for that matter, make more than $250,000 a year.
  • In other news, the “chokehold” incident between Justice David Prosser and Justice Ann Bradley is facing further investigation, with the Dane County District Attorney asking that a special prosecutor be appointed.
  • On Monday, the State Senate approved the one-week waiting period for unemployment benefits, with Assembly Republicans supporting the bill because it saves the state money- despite the reality that unemployment benefits are one of the best forms of stimulus, generating a return to the economy of $1.64 for every $1 spent. But Republicans don’t really care about the economic crisis’ impact on ordinary people, as long as their friends in the top 2% get their tax break. Welcome to Scott Walker’s Wisconsin.
PFAW

Wisconsin News Round-Up, 8/2

More news from Wisconsin:

  • Election Day is only a week away, but there’s still a long road ahead. RNC Chair Reince Priebus, in a spectacular failure of expectations management, said Friday that the RNC is “all in” on the Wisconsin recalls, and that they’re “not nervous” about winning the elections. I’m not sure I believe him. With We Are Wisconsin announcing they have contacted one million voters, and absentee voting at “near record pace” in some areas, I think Priebus has plenty of reason to be nervous. Even Dan Kapanke seems to agree, with the Pierce County Herald reporting that Kapanke said Republicans better hope public employees sleep through Election Day. Except it’s not just public employees he has to worry about: it’s seniors, students and ordinary working families across Wisconsin who have been damaged by Walker’s policies, and unfortunately for Kapanke, I think they already woke up.
  • Still, that doesn’t mean the radical Right isn’t fighting with all they’ve got (which is a lot) to win this thing, and they’re not playing by the rules, either. Americans For Prosperity, a Koch brothers front group which has already funded Walker’s campaign against Wisconsinites, is sending out absentee ballots with false information on them, telling voters to return their ballots after election day, to a fake address used by other right-wing groups in the past. Stay classy!
  • Alberta Darling is still managing to surprise us with her detachment from reality: she thinks people who earn over $250,000 “aren’t wealthy people” and thus deserve a tax break, while working families continue to struggle with the consequences of Walker’s massive cuts. By the way, the median household income in Wisconsin is less than one-fifth of that at $49,994 (which means half the households in Wisconsin earn less than that). About 2% of Americans, and 3% of small businesses for that matter, make more than $250,000 a year.
  • In other news, the “chokehold” incident between Justice David Prosser and Justice Ann Bradley is facing further investigation, with the Dane County District Attorney asking that a special prosecutor be appointed. Yesterday, the State Senate approved the one-week waiting period for unemployment benefits, with Assembly Republicans supporting the bill because it saves the state money- despite the reality that unemployment benefits are one of the best forms of stimulus, generating a return to the economy of $1.64 for every $1 spent. But Republicans don’t really care about the economic crisis’ impact on ordinary people, as long as their friends in the top 2% get their tax break. Welcome to Scott Walker’s Wisconsin.  
PFAW

Who's Who in Today's DOMA Hearing

Cross-posted on RIght Wing Watch

Senate Republicans have called Tom Minnery of Focus on the Family, David Nimocks of the Alliance Defense Fund and Ed Whelan of the Ethics and Public Policy Center as witnesses in today’s hearing on the “Defense of Marriage Act.” The groups these witnesses represent have a long record of extreme rhetoric opposing gay rights:

CitizenLink, Focus on the Family’s political arm, is a stalwart opponent of gay rights in every arena:

• Focus on the Family has consistently railed against the repeal of Don’t Ask, Don’t Tell, demanding the discriminatory policy’s reinstatement.

• The group claims anti-bullying programs that protect LGBT and LGBT-perceived youth in schools amount to “homosexual indoctrination” and “promote homosexuality in kids.”

• The group insists that House Republicans investigate the Justice Department over its refusal to defend the unconstitutional Section 3 of DOMA.

The Ethics and Public Policy Center is backed by the far-right Sarah Scaife Foundation, the John M. Olin Foundation, the Lynde and Harry Bradley Foundation, and the Koch- backed Castle Rock Foundation, all well-known right-wing funders.

• George Weigel of EPPC wrote in June that “legally enforced segregation involved the same kind of coercive state power that the proponents of gay marriage now wish to deploy on behalf of their cause.”

• Ed Whelan spearheaded the unsuccessful and widely panned effort to throw out Judge Vaughn Walker’s 2010 decision finding California’s Proposition 8 to be unconstitutional on the grounds that Walker was in a committed same-sex relationship at the time of the decision.

The Alliance Defense Fund, which bills itself as a right-wing counter to the American Civil Liberties Union, is dedicated to pushing a far-right legal agenda:

• The ADF has been active on issues including pushing "marriage protection," exposing the "homosexual agenda" and fighting the supposed "war on Christmas."

• The ADF claims 38 “victories” before the Supreme Court, including: Citizens United v. Federal Election Commission, which allows corporations to spend unlimited money on elections in the name of “free speech” and Boy Scouts of America v. Dale (2000), which allowed the Boy Scouts to fire a Scout Leader because he was gay.

PFAW