2014 is looking to be a bumper year for election spending. After the Citizens United ruling in 2010, that year’s midterms became a test case for how the newly-minted Super PACs and newly-empowered “dark money” groups would use their strength. They must have liked what their spending bought them, because this year they are back with a vengeance.
According to Open Secrets, spending by outside groups as of May 6th in this election cycle has approximately tripled from the amount outside groups spent in the same time period leading up to the 2010 midterms (leaping from $16.6 million in 2010 to $72.7 million in 2014). In 2006, this number was $2.5 million – that’s a twenty-nine-fold increase in just two midterm cycles. At this rate, outside spending on this year’s midterms is set to far outpace even outside spending in the 2008 presidential election cycle.
The influence of outside spending groups has increased so much that in some races they are spending far more than the candidates themselves. Forty-nine percent of all election spending on this year’s midterms so far has come from outside spending groups. In hotly contested races, the proportion is even higher. In the North Carolina U.S. Senate race – which is the most expensive so far this cycle – 90 percent of all spending has come from outside groups, 58 percent of which are “dark money” groups not required to disclose their donors like Super PACs do.
The new era of “big money” election spending disproportionately benefits conservative candidates. Seventy-two percent of donors who had maxed out their aggregate contribution limits before the Supreme Court struck down those limits in April had contributed only to Republicans. Forty-five percent of these donors were in the finance industry. In addition, Americans for Prosperity, the Koch brothers-linked “dark money” group, accounts for nearly one third of all independent expenditures on television advertising so far in this election cycle.
In the wake of the Supreme Court’s McCutcheon decision, just as reformers predicted, the Republican Party is forming “super joint fundraising committees” that pool large checks from big donors and – now unrestrained by aggregate contribution limits – redirect that money to long lists of candidate campaigns.
The consequences of the influx of “big money” into our elections are clear for the vast majority of Americans who can’t afford to write large check to candidates: they’re being squeezed out of the process. According to the Brennan Center, in current “high-dollar” federal races, only nine percent of funds have come from donations of $200 or less.
Simply put, these trends are disturbing. Even before Citizens United, it was becoming clear that money played an outsized role in our politics. The continued ability of corporations, special interests and wealthy individuals to spend limitlessly on elections calls into question the health of our democracy. The concentration of power away from the voters and towards the donor class creates the specter – and very real threat – of a Congress wholly populated by those elected by dollars, not votes.
In a 5-4 decision, the U.S. Supreme Court today overturned a ruling by the Second Circuit appeals court and upheld the practice of an upstate New York town that begins its council meetings with prayers that are almost always given by Christian clergy. Religious Right groups are celebrating the ruling; Ralph Reed announced that his Faith and Freedom coalition would use the ruling to “redouble its efforts” to encourage more prayers at city and county government meetings. Both the decision and the Religious Right's responses are likely to invite more religiously divisive church-state conflicts.
Justice Clarence Thomas used his concurring opinion to argue, as he has before, that the Establishment Clause of the First Amendment does not apply to the states at all; in other words, he believes there is no constitutional reason that a state cannot have an official religion. Fortunately, the decision in this case is far narrower than that.
It is, as Justice Stephen Breyer says in the opening sentence of his dissent, a “fact-sensitive” case. It did not revolve around the question of whether legislative prayer is unconstitutional – the Court has previously upheld legislative prayer in Marshv Chambers – but in part whether the way clergy were invited to give prayers to open town council meetings was sufficiently inclusive. In Breyer’s words,
“The question in this case is whether the prayer practice of the town of Greece, by doing too little to reflect the religious diversity of its citizens, did too much, even if unintentionally, to promote the ‘political division along religious lines’ that ‘was one of the principal evils against which the First Amendment was intended to protect.’” [quoting from the Court’s 1971 decision in Lemon v Kurtzman]
Also at issue was whether a town council meeting, at which members of the public are appealing to councilmembers for specific action, is more susceptible to being a coercive environment than a prayer given by a chaplain to a group of lawmakers about to start their legislative day. For example, the council hears debates on individual applications from residents and business owners seeing zoning permits and other licenses. In her dissent, Justice Elena Kagan recognizes that the Court has upheld the historical tradition of legislative prayer, but writes that the town hall meetings in Greece are a kind of hybrid, “occasions for ordinary citizens to engage with and petition their government, often on highly individualized matters.” That, she says, requires special care that each member of the community is respected as an equal citizen, something the Town of Greece has not done.
While the plaintiffs in the Town of Greece case did not argue that town leaders were motivated by religious bias, they argued that the selection process led almost exclusively to prayers being given by Christian ministers, and to prayers that were not just ceremonial invocations but quite explicitly sectarian. Kagan writes that town meetings need not be religion-free zones, saying that “pluralism and inclusion in a town hall can satisfy the constitutional requirement of neutrality,” but concluded that the board of the Town of Greece did nothing to recognize religious diversity, and that its practice “does not square with the First Amendment’s promise that every citizen, irrespective of her religion, owns an equal share in her government.” She offered a hypothetical of a Muslim resident coming before the board to see a zoning variance to build an addition on her home:
“But just before she gets to say her piece, a minister deputized by the Town asks her to pray ‘in the name of God’s only son Jesus Christ.’ She must think – it is hardly paranoia, but only the truth—that Christian worship has become entwined with local governance. And now she faces a choice—to pray alongside the majority as one of that group or somehow to register her deeply felt difference….She does not wish to be rude to her neighbors, nor does she wish to aggravate the Board members whom she will soon be trying to persuade. And yet she does not want to acknowledge Christ’s divinity, any more than many of her neighbors would want to deny that tenet. So assume she declines to participate with the others in the first act of the meeting—or even, as the majority proposes, that she sands up and leaves the room altogether…At the least, she becomes a different kind of citizen, one who will not join in the religious practice that the Town Board has chosen as reflecting its own and the community’s most cherished beliefs. And she thus stands at a remove, based solely on religion, from her fellow citizens and her elected representatives.
Everything about that situation, I think, infringes the First Amendment…That the Town Board selects, month after month and year after year, prayergivers who will reliably speak in the voice of Christianity, and so places itself behind a single creed. That in offering those sectarian prayers, the Board’s chosen clergy members repeatedly call on individuals, prior to participating in local governance, to join in a form of worship that may be at odds with their own beliefs. That the clergy thus put some residents to the unenviable choice of either pretending to pray like the majority or declining to join its communal activity, at the very moment of petitioning their elected leaders. That the practice thus divides the citizenry, creating one class that shares the Board’s own evident religious beliefs and another (far smaller) class that does not. And that the practice also alters a dissenting citizen’s relationship with her government, making her religious difference salient when she seeks only to engage her elected representatives as would any other citizen.”
Kagan writes that the Court majority opinion reflected “two kinds of blindness.” First, it missed the difference between traditional legislative prayer and the setting of the town council, a difference she described as a “chasm,” and the fact that the prayers in Greece are mostly addressed to the public rather than lawmakers. She said the majority “changes the subject” rather than addressing the sectarian content of the prayers delivered in Greece, such as those invoking “the saving sacrifice of Jesus Christ on the cross” or “the plan of redemption that is fulfilled in Jesus Christ.” These are not, as she says, the recitation of “God save the United States and this honorable Court” invoked at the beginning of Supreme Court sessions.
Kagan cites George Washington’s well-known letter to the Newport Hebrew Congregation, in which he assured members of that congregation that the First Amendment does not simply tolerate people of minority faiths, rather all possess the same “immunities of citizenship.”
For me, that remarkable guarantee means at least this much: When the citizens of this country approach their government, they do so only as Americans, not as members of one faith or another. And that means that even in a partly legislative body, they should not confront government-sponsored worship that divides them along religious lines. I believe, for all the reasons I have given, that the Town of Greece betrayed that promise. I therefore respectfully dissent from the Court’s decision.
Breyer also joined Kagan’s dissent, as did Justices Ginsburg and Sotomayor. The case is Town of Greece v. Galloway.
Crowds of activists and advocacy groups gathered outside while the Supreme Court heard oral arguments Tuesday in the Sebelius v. Hobby Lobby Inc. case.
Justices Sonia Sotomayor, Elena Kagan, and Ruth Bader Ginsburg did not shy away from asking difficult questions that demonstrate the broad implications this case could have. Justices Sotomayor and Kagan voiced concerns regarding the implications of a ruling for the first time in our nation’s history that for-profit corporations have religious rights. Both justices questioned whether this decision would allow companies to deny access to coverage of not only contraceptive methods, but also of other lifesaving procedures employers might object to on religious grounds—like blood transfusions or vaccines.
The Huffington Post quotes Justice Kagan as saying, “There are quite a number of medical treatments that could be religiously objected to… Everything would be piecemeal, nothing would be uniform.”
Pushing the issue further, Justice Sotomayor asked, “How are courts supposed to know whether a corporation holds a particular religious belief?”
Similarly, Justice Ruth Bader Ginsburg stated that the Religious Freedom Restoration Act
was a law that was passed overwhelmingly [by] both houses of Congress. People from all sides of the political spectrum voted for it. It seems strange that there would have been that tremendous uniformity if it means [corporations are covered].
[T]here was an effort to adopt a … specific conscience amendment in 2012, and the Senate rejected that… That amendment would have enabled secular employers and insurance providers to deny coverage on the basis of religious beliefs or moral convictions. It was specifically geared to secular employers and insurance providers. And that…was rejected.
Justice Kagan noted that RFRA was considered non-controversial when it passed, an unlikely reaction if it had been understood to open the door to employers citing religious objections to complying with laws relating to sex discrimination, minimum wage, family leave, or child labor.
Justice Kagan also noted that women are “quite tangibly harmed” when employers don’t provide contraceptive coverage. This decision, however, could have far-reaching implications beyond women’s reproductive rights since this case deals with some of the same core issues seen in “right to discriminate” bills like Arizona’s, as we pointed out yesterday morning.
A federal judge ruled today that Michigan’s ban on marriage for same-sex couples is unconstitutional, the latest in a string of state marriage equality victories.
The Associated Press reports:
U.S. District Judge Bernard Friedman announced his ruling after a rare two-week trial that mostly focused on the impact of same-sex parenting on children.
There was no indication that the judge was suspending his decision. Attorney General Bill Schuette said he was immediately filing a request with a federal appeals court to suspend Friedman's decision and prevent same-sex couples from immediately marrying. The decision was released shortly after 5 p.m., when most county clerk offices in Michigan were closed.
During a speech to a packed audience at the University of Washington on Monday, Supreme Court Justice Sonia Sotomayor was asked by a student what problems need to be fixed in order to see more women and people of color in government.
Sotomayor’s answer, as reported by The Seattle Times, was simple: “Money.”
“Money,” Sotomayor said to laughter. “No, seriously. Look at what’s happening in politics. What’s talking the loudest is money.” For more minorities and women to gain more of a foothold in government decisions, “we’re going to have to work the political system at the highest level,” she said.
Justice Sotomayor is right. Today our country is represented by leaders who, as a whole, look little like the electorate they are supposed to represent and serve. Women are a majority of the population, and yet only make up 20% of the Senate and 18% of the House, putting us 83rd in the world for women’s political representation. We have only one openly LGBTQ person and only a handful of people of color in the US Senate – in 2012 there were no African Americans. This picture is not only problematic in itself, but it also has broad implications for policy outcomes.
It’s true that we have also seen some promising developments in political representation in recent years. The 113th Congress is the most diverse in history, with a record number of women and minorities elected, as well as a number of firsts. As the policy director for the Young Elected Officials Network, I am heartened by the changing faces of leadership at all levels of government, and what this means for our country both symbolically and substantively. But, like Justice Sotomayor, I’m also concerned that our country’s money in politics problem is standing in the way of further progress.
Much has been said lately about the impact of money in politics on political representation. At The Atlantic’s Shriver Report summit on women and poverty in January, former Speaker Nancy Pelosi noted,
If you reduce the role of money in politics and increase the level of civility in debate, more women will run for office… We say to women, we want you to go raise 12 million dollars, and by the way, subject yourself to 10 million dollars in negative publicity.
The influence of money in politics not only fuels corruption and the elevation of special and powerful interests, but it exacerbates the imbalance of power as a whole in our country by creating barriers to political representation for communities who are already marginalized. It perpetuates a system where the country is led by people who don’t understand the daily lived and embodied experiences of their constituents.
On Capitol Hill, we see the effects of this imbalance play out each day. From thwarted gun violence prevention efforts to legislation attacking women’s reproductive health voted on by committees and panels made up entirely of men, we continue to have elected leaders who side against the demonstrated wishes of its voters and with the moneyed interests.
We must pursue reforms that transform our electoral processes, even the playing field for all candidates, and restore the power to the people by reducing the outsized influence of big money and protecting the rights of voters. All indications show that we get better results for everyone when there’s diversity in governing bodies.
It’s both common sense, and a matter of basic human rights.
We can file this under news that should shock no one: a new study has found that members of Congress and their top staffers are significantly more likely to meet with political donors than with other constituents.
The study – carried out by researchers at Yale and UC Berkeley in partnership with CREDO Action – sought to answer the question, just how much do donations buy access to elected officials in our political system?
Matea Gold at the Washington Post explains the experiment:
Last summer, a group of CREDO fellows e-mailed congressional offices seeking meetings to discuss the measure, sending one of two different form letters.
The first e-mail had the subject line: “Meeting with local campaign donors about cosponsoring bill.” The body of the e-mail said that about a dozen CREDO members “who are active political donors” were interested in meeting with the member of Congress in his or her home district to discuss the legislation.
The second e-mail stripped out the donor references and instead said “local constituents” were looking to meet the member of Congress.
…The e-mails went out to 191 members of Congress – all members of the same political party – who had not already co-sponsored the bill….The results: Only 2.4 percent of the offices made the member of Congress or chief of staff available when they believed those attending were just constituents, but 12.5 percent did when they were told the attendees were political donors. [emphasis added]
Huffington Post’s Amanda Terkel notes that the study could have implications for court cases like the infamous Citizens United v. FEC, which paved the way for unlimited corporate political spending. In the majority Citizens United opinion, Justice Kennedy argued that “independent expenditures do not lead to, or create the appearance of, quid pro quo corruption. In fact, there is only scant evidence that independent expenditures even ingratiate.”
Terkel points out that the new study may debunk the claim that there isn’t evidence that “independent expenditures,” such as those made to a super PAC rather than directly to a candidate, can curry favor with elected officials:
In this experiment, the lawmakers knew nothing about the donors, such as whether they had donated to their campaign in particular, or how much they gave and when. In fact, they could simply have been a donor to a super PAC.
Even so, the Supreme Court’s too-narrow understanding of “corruption” as tit-for-tat exchanges (for example, political bribes) may limit the study’s implications for Citizens United and cases like it. But it does throw into stark relief how problematic the Court’s frame for understanding political corruption continues to be. When money can buy access to elected officials, we have a serious democracy problem.
Last October, a parent at Watauga High School in Boone, North Carolina asked the local school board to remove Isabel Allende’s internationally-renowned The House of the Spirits from the curriculum. After making its way through a multi-step county review process, last week the school board voted 3-2 to uphold the teaching of the book.
The fight to keep the book in the curriculum was backed by many supporters – including the author herself. In a letter to the Watauga County Board of Education, Isabel Allende wrote,
Banning books is a common practice in police states, Like Cuba or North Korea…but I did not expect it in our democracy.
PFAW Foundation president Michael Keegan also spoke out against censorship to the school board. In his letter, Keegan wrote:
We trust that as educators you will uphold the right of all students in Watauga County to receive a competitive, rigorous education free from censorship. While individual parents have every right to decline reading material for their own children, they should not be allowed to censor the curricula for all students in the county.
The House of the Spirits is not the first book PFAW Foundation has fought to protect. In addition to speaking out about Allende’s novel, in the past year PFAW Foundation has advocated against censorship attempts aimed at Invisible Man, Neverwhere, and The Bluest Eye.
In another win for the marriage equality movement, today U.S. District Judge Orlando Garcia struck down Texas’ ban on marriage for same-sex couples. The judge wrote that "Texas' current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason.”
The Washington Post reports:
U.S. District Judge Orlando Garcia did not say gay marriages could be performed immediately. Instead, he stayed the decision, citing a likely appeal.
"Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution," Garcia wrote in his decision. "These Texas laws deny Plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex."
Similar bans have been struck down in states across the country – most recently in Virginia less than two weeks ago. Today’s victory in a state with a whopping 26 million residents brings us one important step closer to nationwide marriage equality.
On Thursday evening a federal judge ruled that Virginia’s ban on marriage for same-sex couples is unconstitutional. U.S. District Judge Arenda L. Wright Allen stayed the decision pending appeal, meaning that while the ban has been struck down, the ruling will not immediately take effect.
Close on the heels of a federal judge’s decision earlier this week directing Kentucky to recognize same-sex marriages from other states, Judge Wright Allen’s decision makes Virginia the first state in the South where a statewide ban has been entirely struck down.
In the South and across the country, it’s clear that Americans increasingly believe it is wrong to block committed couples from the protections and responsibilities that only marriage can provide. As Judge Wright Allen wrote in her decision:
Our nation's uneven but dogged journey toward truer and more meaningful freedoms for our citizens has brought us continually to a deeper understanding of the first three words in our Constitution: we the people. "We the People" have become a broader, more diverse family than once imagined.
The following is a guest post by Italia S. Aranda, a 2013 Fellow of affiliate People For the American Way Foundation’s Young People For (YP4) program.
Last year, people all over the United States spoke out like never before on why we need to fix this country’s broken immigration system. Undocumented mothers participated in acts of civil disobedience that led to their arrests, immigrant youth organized their communities with more energy than ever, and organizations all around the country joined forces to put pressure on Congress to reach a sensible solution. 2013 became the year when many families fought as one. We realized that what makes this movement different is not the fear, uncertainty, or struggles we face every single day as undocumented immigrants, but rather the strength, determination, and willingness that is born in our hearts.
As an undocumented immigrant who benefited from President Obama’s Deferred Action for Childhood Arrivals process, or DACA, I am often asked why last year I fought harder than ever for comprehensive immigration reform. A world of possibilities opened up after being granted deferred action.Because of DACA, I now have a social security number and a two-year work permit. Not only am I now able to pursue my dream of going to medical school, but I’m now also able to travel safely around the country and go to bed each night knowing that for the next two years, the possibility of my deportation has drastically decreased.
But this is not the case for my parents, who don’t qualify for deferred action. DACA was meant to help DREAMers who have waited all of their lives to be able to give back to this country by earning degrees and joining the workforce. But immigration reform is not just about DREAMers. It is about remembering that our mothers, fathers, brothers, sisters, and entire families have always contributed to this country’s growth and success, regardless of immigration status or college degree.
I continue to fight for comprehensive immigration reform because my parents gave up some of their dreams so I could follow mine. My parents had me when they were only teenagers. They did not have the opportunity to finish high school, and although they wanted to go to college with all of their hearts, they suddenly had a family to sustain. So they began working – my mom as a seamstress, and my dad in any and all jobs he could get. But it was never enough, and when Mexico’s economy began to worsen they knew that they would never be able to afford an education for my brother and me in our home country. They saw education as a way out of poverty, as a way to end the cycle of monumental struggles that had affected our family for generations. But no one ever wakes up in the morning wanting to leave everything behind – your relatives, your friends, and everything you own – to become an undocumented immigrant.
For many immigrant families, uncertainty rules your life. This last holiday season alone, thousands of families had empty seats around the table. In some cases, their mom had been deported. In others, their dad was spending weeks, months, or even years in a detention facility. No one should have to go through that kind of pain.
The fight for comprehensive immigration reform is about more than a piece of legislation. It is a fight for human dignity and human rights. I continue to fight alongside millions of others so that our families no longer have to live through the uncertainty, the fear, and the injustice. I fight so my parents can one day follow their own dreams, so they can one day feel like human beings again.
Among the many court cases challenging contraception requirements under the Affordable Care Act, the case involving the Little Sisters of the Poor has been, and continues to be, a strange one. The latest wrinkle came on Friday in what SCOTUSblog’s Lyle Denniston calls a “partial win” for the order of nuns.
The Little Sisters, represented by the Becket Fund for Religious Liberty, appealed to the Supreme Court to prevent the group from having to sign a form documenting its religious objection to providing contraception coverage while its broader challenge to the law moves through the courts. The Tenth Circuit had rejected a similar request.
Under the Obama administration’s accommodation for religious groups, that form would exempt the organization from providing or paying for contraception coverage, and that responsibility would pass to the group’s insurer. In a brief to the Supreme Court, the Solicitor General’s office said that by Becket’s reasoning, a Quaker couldn’t be required to attest to his religious objections before being absolved of military obligations. But Becket insisted that the form acted as a “permission slip” that would trigger contraception coverage, and that would make the nuns complicit.
What makes this argument even stranger is the fact that the Little Sisters’ insurer is classified as a “church plan,” which is exempt from enforcement of the ACA requirement. So whether or not the Little Sisters signed the form, their lay employees would still not have access to coverage.
On Friday, the Supreme Court granted the Little Sisters’ request for an injunction, with a proviso. The group did not have to sign the government’s religious objection form, but it did have to notify the Department of Health and Human Services of its religious objections by letter. The Becket Fund declared victory and announced itself “delighted” by the Court’s compromise.
So, to recap: requiring a religious organization to sign a form opting out of providing contraception coverage is religious tyranny, but requiring a religious organization to send a letter to HHS stating its objections to providing contraception coverage is a victory for religious freedom.
Just wait until the Supreme Court hears the more far-reaching Hobby Lobby case, in which Becket and its client seek to establish the principle that for-profit companies can opt out of laws protecting their employees if those laws conflict with the religious beliefs of the corporation’s owners.
In tomorrow’s State of the Union address, President Obama is expected to speak at length about growing income inequality in the United States, and his plans to address it. Any plan to address income inequality must also address the political inequality created by unrestrained spending on elections.
Income inequality affects not just individual lives, but our political system as a whole. In a series of cases beginning with the 1976 Buckley v. Valeo decision, the Supreme Court has struck down commonsense campaign finance regulations designed to limit private economic power from dominating campaigns for political office – and thus dominating our country’s political process. Since that time, the income share of the top one percent of income earners has almost tripled, growing at a substantially higher rate than the income of the rest of the population.
This mounting wealth disparity has not resulted simply from the good fortune of the hardest working or smartest among us; it has been assisted through government policy. The capital gains tax sits at 23.8% for top earners despite the vast majority of Americans believing that it should be equal to the rate at which income is taxed. Meanwhile, the federal minimum wage, whose real value has fallen about 30% since 1968, remains stagnant at $7.25 per hour, despite the fact that 71 percent of Americans want to see it increased; however, only 40 percent of the wealthiest Americans support such an increase.
As income inequality has ballooned, it has also become more difficult for even the most hard-working Americans to improve their economic prospects. State university systems that were once free are now approaching the cost of private institutions, while scholarships are going less often to benefit low-income students. Labor unions, which were instrumental in building the American middle class, are facing attacks from legislators backed by well-funded corporate interests.
Income inequality and political inequality go hand-in-hand. As This American Life has noted, the average member of Congress spends at least four hours a day calling wealthy individuals and organizations asking for money, a tally that does not even include the countless fundraisers they must attend. Average Americans don’t get these calls. They do not get the chance to meet with their representatives at intimate gatherings. Their voices go unheard.
The sad truth is that under our current system, time-intensive fundraising and the concessions that go along with it are necessary conditions for the ascension to political office in the United States. That is something we need to change if we are ever going to deal with income inequality or any of the other major problem facing our country.
That is why we here at People for the American Way Foundation are calling for “Money Out, Voters In” campaign and are working to pass a constitutional amendment that will allow our elected officials to work for all Americans, not just the wealthy few.