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It Doesn’t Matter If Donald Trump Is ‘Disciplined’

This piece originally appeared on the Huffington Post.

It turns out that the boisterous and bigoted Donald Trump we’ve known for the last few years has just been acting a part. According to the frontrunner’s chief strategist Paul Manafort, Trump is simply “projecting an image“ and once Americans get to know the real Donald Trump, they’ll love him: “The negatives will come down, the image is going to change.”

What a relief!

Some pundits, it seems, were willing to play along with Manafort’s claim that Trump is shedding his outrageous persona, citing a single speech that he delivered immediately following his victory in the New York primary as proof that “Donald Trump 2.0” is “markedly more disciplined, gentler and more appealing than the version of Trump we’ve seen for much of the last year.”

Howard Kurtz of Fox News raved that “the disciplined Donald” was a “changed candidate” who has scrubbed the insults and started “acting more presidential. “

In reality, the only thing that was substantively different about Trump’s New York speech was that he referred to his chief opponent as “Senator Cruz” instead of “Lyin’ Ted.”

That’s it.

But before anybody had a chance to give him a medal for this brave reformation, Trump returned to using his “Lyin’ Ted” moniker in his subsequent speeches and Twitter broadsides. The much-heralded new, disciplined and thoughtful Donald Trump didn’t even last a day.

He even mocked reports of his supposed “presidential” transformation, a transformation we’ve been hearing about since well into last year.

The standards for Trump are so low that he was even hailed for acting “more presidential” simply for using a teleprompter in a speech.

There seems to be no expectation that Trump will have any knowledge of world events, answer basis questions or hold consistent positions. Instead, he wins praise simply for not insulting someone.

Today Trump will deliver a speech at the Mayflower Hotel as part of a series of speeches intended to show “a more sober and serious presidential candidate,” who so far has mostly received attention for his uninformed rants and almost daily policy shifts.

But Trump changing his style won’t make the substance of what he says any less terrifying. After all, his main foreign policy objectives include committing war crimes and accelerating nuclear proliferation.

Appearances in “formal settings” won’t change the fact that Trump’s speeches are so replete with falsehoods that some reporters covering him have admitted that they have all but given up on fact-checking them.

Trump seems to relish in repeating mistruths, like his claim about Muslims partying in New Jersey on 9/11 or a U.S. general who he said rightly massacred Muslim prisoners with bullets covered in pig’s blood. Both are fallacious stories that gained popularity in the online rumor mill. Not that that matters to Trump, who said of the dubious massacre: “It’s an amazing story. It shows toughness, it shows toughness. A true story. The press will say, ‘Well it was a rumor.’ It’s not a rumor, it’s a true story.”

His bizarre birther conspiracy theories, disparaging remarks about POWs and criticism of vaccines have largely faded from the limelight as Trump finds new outrageous things to say each week.

No other candidate for president would ever be able to get away with the amount of falsehoods, unhinged diatribes and sleaze pushed on a daily basis by Trump.

And simply saying that it was all an act doesn’t make Trump a new man or any less scary of a possible future president.

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PFAW

Donald Trump’s Pyramid Scheme for America

This piece originally appeared on the Huffington Post.

For a man who constantly brags about his success, Donald Trump sure does like to play the victim. In his latest round of self-pity, the billionaire mogul has decried the delegate-allocation system in Colorado, where his rival, Ted Cruz, won the Republican presidential primary contest in a landslide. 

Trump’s campaign is built around earned media and stadium-sized rallies, and never established the “ground game” critical to win states like Colorado, where delegates are elected by state convention attendees. Predictably, his spokeswoman Katrina Pierson called the process “rigged” and a “pyramid scheme.”

While “pyramid scheme” may be an odd way to describe Colorado’s delegate system, the word accurately reflects many of Trump’s campaign promises.

Trump the businessman knows a little something about pyramid schemes. 

He has endorsed, and in some cases put his name on, companies accused of operating like pyramid schemes, where the first people who sign up reap almost all of the benefits, while the vast majority of people, often lured to buy in with assurances of making huge sums of money, are left in the dust.

The Washington Post reported that one such multilevel marketing company, the Trump Network, “often gave the impression of a partnership that was certain to lift thousands of people into prosperity.” In reality, the alternative-medicine sales company had dismal outcomes and left many people feeling scammed and deceived.

Trump’s pitch for the group sounds like one of his stump speeches, promising to save the American dream from the destructive work of the greedy. 

“Americans need a new plan, they need a new dream,” he said while pitching the company in 2009. “The Trump Network wants to give millions of people a renewed hope and with an exciting plan to opt out of the recession. Let’s get out of this recession right now with cutting edge health and wellness formulas.”

In his campaign addresses, Trump likes to remark that “the American Dream is dead - but if I win, I will bring it back bigger and better and stronger than ever before.” Add a bit about “health and wellness” and you have a Trump Network infomercial. 

In 2009, Trump boasted that the Trump Network had sparked “unbelievable enthusiasm” and was “a phenomena” that was “going to be really amazing, really amazing.” But the group was selling discredited and suspect treatments and ended up as one of his many business failures.

His work with the company resembles his time on the campaign trail, where he pretends to fight the corrupt political process and financial system while making vague, ambitious promises of national and personal redemption.

He tells supporters that we “are going to start winning again and we’re going to win so much, you are going to be so happy, we are going to make America so great again, maybe greater than ever before.” Trump will not only make you rich, he says, but he will even “get rid of your depression.”

But like in any pyramid scheme, with Trump’s proposals, the ones at the very top will benefit while everyone else loses out.

Under Trump’s massive $12 trillion tax plan, “the top 1 percent of Americans will receive an average tax break of $227,000 per year while the bottom 20 percent will receive an average tax cut of only $250,” according to Citizens for Tax Justice, which found that “the majority of Trump’s tax cut would go to the top five percent of taxpayers.” 

But the biggest winners of Trump’s tax cut won’t be the top five percent. They won’t even be the top one percent.

“[T]he benefits would be overwhelmingly skewed to the highest-income taxpayers, with those in the top 0.1 percent (who make $3.7 million or more) getting an average tax cut of more than $1.3 million,” says Howard Gleckman of the Tax Policy Center.

Forget about Voodoo Economics. This is Pyramid Scheme Economics.

The supposedly populist candidate also promises to pay off the entire $19 trillion national debt in just eight years — “very easy” — but one estimate found that his huge tax cut for the rich alone will grow the debt by almost 80 percent

Just fulfilling his pledge to balance the budget would be mathematically impossibleunder the proposal he has laid out to do so.

Trump’s plan, if ever implemented, would wreck the economy. And that is not even counting the human and economic costs of his massive deportation scheme.

On the campaign trail, Trump is marketing his candidacy the same way he pitched his bogus health business: I am going to save the American Dream and make us rich.

But like any pyramid scheme, it is bound to fail, and take many people down with it.

PFAW

A Sleazy or Principled Approach to Judicial Confirmations?

Several days ago, USA Today reported on some comments made by Senator Patrick Leahy about the Senate GOP’s refusal to consider Merrick Garland’s nomination to the Supreme Court.  Judiciary Committee chairman Chuck Grassley has fallen in line behind the order of his boss, Mitch McConnell, and the demands of far-right extremist groups like the Judicial Crisis Network, who make wildly untrue claims about Judge Garland’s record.  GOP senators’ decision to hide behind those outside attacks and refuse to give Judge Garland a chance to defend himself is “sleazy,” Leahy said.  He also urged Grassley to show some independence from partisan interests, as Leahy did when he chaired the Judiciary Committee in parts of George W. Bush’s presidency.

Conservative Ed Whelan challenged Leahy’s positive characterization of his chairmanship on the National Review website in a piece he called “Patrick Leahy (D-Sleaze).”  Whelan criticized then-Chairman Leahy for not holding hearings on a number of Bush’s nominees.  One might think the committee was letting vacancies pile up around the country: that Leahy was fiddling while the American court system burned.  In fact, at this point in Bush’s last two years, the Democratic-controlled Senate had already confirmed 45 circuit and district court nominees, while the current Senate has confirmed a mere 17.  During the entire two years of the 110th Congress, the Senate confirmed 68 judges, a number that Chuck Grassley and Mitch McConnell show no interest in even trying to match.

In fact, it is Grassley and McConnell who are fiddling.  When the current Congress began, there were 40 circuit and district court vacancies, a number that has increased to 74 due to GOP inaction.  (If you include the Court of International Trade, the increase is from 43 to 78.)  In the same period, judicial emergencies have nearly tripled, jumping from 12 to 34 on April 14 (a change in how the Administrative Office of U.S. Courts weights cases went into effect the next day, affecting the number of emergencies and thereby complicating comparisons after that date).  In contrast, vacancies and emergencies went down in 2007-2008 because Democrats processed judicial nominations in a responsible manner.  Leahy also chaired the committee for 17 months in 2001-2002, during which the Democratic-controlled Senate confirmed 100 of Bush’s judicial nominees.  Circuit and district court vacancies went down during that period from 109 to 60.  When it comes to taking seriously their constitutional responsibility to make sure our federal judiciary is sufficiently staffed, the difference between the two parties could hardly be starker.

The contrast is not limited to the confirmation of judicial nominees.  In Bush’s last two years, Sen. Leahy held 22 nominations hearings, including one as late as September 23, 2008 … just a few weeks before the presidential election to replace the term-limited George Bush.  Chairman Grassley has scheduled a confirmation hearing for April 20, the first since January, only the 13th of the current Congress, and he has suggested that he may shut the process down in July.

With 33 circuit and district court nominees in committee, and only five of them having had a hearing (but not until April 20), talk of such an early shutdown is obscene.  Seven of the nominees who have yet to be granted a hearing are circuit court nominees, most of them nominated more than two months ago.  Three of the circuit court nominees already have their “blue slips” from their home state senators.  The fact that this is an election year should not prevent a hearing for these circuit court nominees:  When President Bush nominated Steven Agee to the Fourth Circuit in March of 2008, Sen. Leahy scheduled a hearing seven weeks later, and a committee vote just two weeks after that.

And certainly no one could believably question Leahy’s fairness.  When President Obama took office, Chairman Leahy maintained the same rules and practices he had used with Bush’s nominees.  For instance, as under Bush, he opted to require the “blue slip” approval of both home-state senators before holding a hearing on a nominee, something not in the committee rules but rather a prerogative of the chair.  This led to a number of highly qualified Obama nominees being denied a chance to publicly respond to the often unfair and inaccurate attacks being made against them by GOP senators.  Other times, the Republican senators gave no public reason for their opposition, yet still used Leahy's blue slip  practices  to deny hearings to targeted nominees.  He even allowed Kansas’s GOP senators to change their mind after a hearing and, at their request, did not allow a scheduled committee vote on Tenth Circuit nominee Steve Six to take place.  The committee records are filled with Leahy’s sharp criticism of how qualified nominees were being denied hearings this way, including ones strongly supported by their one Democratic home state senator, including then-Majority Leader Harry Reid.  Nevertheless, he did not change his blue slip practice as he could have done unilaterally.

Whelan also criticizes Senator Leahy as “sleazy” for not getting controversial Fifth Circuit nominee Leslie Southwick confirmed quickly enough and then for opposing his nomination altogether.  As chairman, Sen. Leahy could have simply chosen not to give him a hearing.  In fact, at the confirmation hearing, Sen. Hatch specifically thanked Chairman Leahy for scheduling it over the criticism from “far left groups.”  Giving a nominee an opportunity to address senators’ concerns and defend their record in a public forum is not “sleazy.”

As Sen. Leahy pointed out last week, what’s “sleazy” is the way that the Republican-controlled Senate is mistreating the president’s Supreme Court nominee.  And while well-financed far-right groups are working overtime to keep GOP senators in line, two thirds of Americans are rejecting that position and support a hearing for Chief Judge Garland.  Chairman Grassley would do well to listen to the American people.

PFAW

PFAW Hosts Member Telebriefing on the Democracy Awakening

As thousands of activists from around the country head to Washington, DC for the Democracy Awakening, a weekend of marches, rallies, workshops, lobby visits, and – for some – nonviolent civil disobedience, PFAW hosted a member telebriefing Thursday about the upcoming mobilization. Through the Democracy Awakening, Americans are demanding that Congress take action to fix our democracy, from protecting voting rights to getting big money out of politics to giving the president’s Supreme Court nominee fair consideration.

“These are all connected issues,” PFAW Executive Vice President Marge Baker said on the call. She emphasized that auctioning off democracy “to the highest bidder,” suppressing the vote, or obstructing justice through Republican senators’ “absurd and totally indefensible” position that President Obama’s Supreme Court nominee shouldn’t be given fair consideration are all threats to our democracy.

“We have to take back the engines of our government for the American people,” Baker said.

PFAW Government By the People Campaign Manager Rio Tazewell outlined the schedule for the weekend and noted that even people who can’t travel to DC can still take action in their own towns through letters to the editor, contacting elected representatives, and taking action on social media.

You can listen to the full telebriefing below, and visit www.democracyawakening.org for more information:

PFAW

On Senate Floor, Sen. Reid Slams GOP Senators for Backtracking on Supreme Court Vacancy

In recent weeks, two Republican senators who had previously expressed their support for the Senate giving fair consideration to the president’s Supreme Court nominee, Judge Merrick Garland, have now both backtracked from their initial positions.

In February, Sen. Lisa Murkowski (Alaska) was the first Republican senator to support hearings for the president’s nominee, but did an about-face just days later. Similarly, after Sen. Jerry Moran (Kansas) said in late March “I have my job to do” and that “the process ought to go forward,” he faced a hostile response from extremist right wing groups and obediently reversed his position. The Topeka Capital-Journal reported that after Moran’s initial comments,

The Judicial Crisis Network announced it was putting the finishing touches on an advertising campaign bashing Moran, and the Tea Party Patriots Citizens Fund said it was considering backing a primary challenger.

On the Senate floor today, Minority Leader Harry Reid slammed the GOP senators for reversing course.

“Senator Moran’s backtracking is especially alarming because it appears to be the result of a multi-million dollar campaign urging the Senator to reverse his support for a hearing for Judge Garland,” Reid said. “Senator Moran was for meeting with Merrick Garland and holding confirmation hearings until the Judicial Crisis Network and the Tea Party Patriots threatened him. It will surprise no one to learn that the Koch brothers and their dark money help fund both of these radical organizations.”

The conservative, moneyed backlash came all because Sen. Moran “dared to do his job,” Reid said, asking if the GOP had become “a party dictated by menace and intimidation.”

Sen. Reid wrapped up his remarks by noting that he hopes other GOP senators will not follow suit: “Instead of caving to the Republican leader and the Koch brothers, it’s time for Republican senators to take a stand.” The American people, Reid said, want Republican senators to stop “cowering” and simply do their jobs.

Indeed, polling shows that Americans across the political spectrum want GOP senators to give Judge Garland fair consideration. A national Monmouth University poll last month found that nearly seven in ten Americans want the Senate to hold hearings, including 56 percent of Republicans. Perhaps even more revealing: 62 percent of Republicans believe that GOP leadership’s obstructionist stance is “mainly a political ploy.”

PFAW

Norman Lear: Why I'm a Man for Choice

Norman Lear

More than forty years ago, the writers and I on our TV show "Maude" did something which apparently no one had done before on television: We showed our main character making the decision to have an abortion.

This was 1972, the year before the Supreme Court affirmed the right for all women to make their own reproductive health-care decisions. Back then, abortion wasn't something that was being discussed on television. But, of course, millions of women, and men, and families were discussing it in their own homes. So, we wrote some episodes that included Maude's discovery that, at age 47, after her daughter was grown, she found herself pregnant. We explored her conversations with friends and family about that pregnancy, and her ultimate decision with her husband to end that pregnancy. To no one's surprise, the world continued to turn on its axis.

As with our character, Maude Findlay, the majority of women who have an abortion today are already mothers, and don't make the decision lightly. At that time, a woman's ability to make the decision to create or expand her family was dependent on the state she lived in and how much money was in her bank account.

I never would have thought that, more than 40 years later, we would still be waging these same fights over women's reproductive rights that we were facing in the 1970s.

Yet, in June, the Supreme Court will decide the most consequential abortion case in decades involving a Texas law that could force the closure of abortion clinics in the state.

As America celebrates Women's History Month this March, we recognize the incredible strides our country has been able to make because of the hard work, creativity and resolve of American women. Our country is stronger when all Americans are empowered to make their own decisions about their health, their bodies and whether to start and grow their families.

It is unfortunate that, in this heated political season, we are still debating whether women have the right to make decisions about their own bodies. Seven in 10 Americans support a woman's right to an abortion. Congress and state legislatures should be following the will of the people and get out of the way.

Instead, states from Texas to Mississippi to Ohio are leaving millions of women without access to health-care clinics that provide the reproductive healthcare services they deserve. Women – particularly poor women, women of color, and those living in red states – are losing access to their constitutional right to abortion at a frightening pace.

The very same politicians who are closing clinics in the name of protecting women and families are actively harming them by cutting off funding for preventative health care, cancer screenings and HIV prevention as part of an ideological war against abortion. Putting up barriers to accessing health care is not the way to support and empower women in this country.

But really, this is not about abortion for the anti-choice movement. Cutting off access to health care is one tool in their playbook that pushes a worldview where women are kept out of positions of power.

We know that one in three women in the United States will have an abortion in their lifetime. Most women who choose to have an abortion are in their twenties — the same decade in which their careers are just starting to take off. By depriving a woman of her right to an abortion, we're boxing her into a world where she cannot choose her own destiny, take advantage of the career opportunities she wants, or simply live the life that's best for her and her family.

f we trust women to run businesses, fight for our country, raise children, and hold the highest political offices (and we all should), we need to also trust that they are capable of making their own decisions about what is best for their own body, family and future. When the anti-choice movement doesn't trust women to make these personal decisions, we can only assume they don't trust women to lead either.

I am proud to stand with NARAL Pro-Choice America and call myself a "Man for Choice" because I believe it is time for men to stop pretending that we know better what women's health-care needs are. Women have proven that they are up to any task set before them and are more than capable of deciding their own futures. We can't afford to wait another 40 years before politicians figure this out.

This post originally appeared on CNBC.

PFAW

A Baseless Attack Against Garland on ACA Cases

The new attacks are not based on anything Chief Judge Garland has actually written or addressed on the merits.
PFAW

Meet President Obama's Supreme Court Nominee Merrick Garland

On March 16, President Obama nominated Chief Judge Merrick Garland of the D.C. Circuit Court of Appeals to fill the vacant seat on the US Supreme Court. His background and record, and the bipartisan acclaim he has previously received, make clear that he is an extremely well qualified jurist who would ably serve as a Supreme Court justice, and that there is absolutely no basis but pure politics for the refusal of most Republican senators to even consider his nomination.

Garland, 63, was born in Chicago. His father ran a small advertising firm out of the family’s home and his mother coordinated volunteer services for Chicago’s Council for Jewish Elderly. His grandparents were refugees from anti-semitism in Russia. After graduating with honors from Harvard College and Law School, Garland went on to clerk for appellate court judge Henry Friendly and noted Supreme Court Justice William Brennan. He then worked briefly as special assistant to Attorney General Benjamin Civiletti during the Carter Administration and then as an associate and a partner at the Washington law firm of Arnold & Porter, where he specialized in corporate litigation. In 1989 he became an Assistant US Attorney in Washington and, after a brief return to Arnold & Porter, joined the Clinton Administration as deputy assistant attorney general in the criminal division of the Justice Department and then as principal assistant deputy attorney general. In that capacity, he supervised the investigation and prosecution of a number of key domestic terrorism cases, including the Oklahoma City bombing and the Unabomber case.

Garland became a judge on the DC Circuit Court of Appeals in 1997, winning bipartisan praise from lawyers, judges, and senators ranging from Edward Kennedy to Orrin Hatch. During most of the 19 years he has been on the bench, Garland has also tutored poor children at a DC elementary school. He became chief judge in 2013.

Garland has continued to win bipartisan and both liberal and conservative praise during his service on the court of appeals. Most of his opinions are for unanimous three-judge panels, bringing together both conservative and liberal judges. As now-Chief Justice Roberts has commented, however, when Judge Garland disagrees with you as a judge, “you know you’re in a difficult area.” (In the particular case Roberts was referring to, Garland dissented from a ruling by Roberts that limited the ability of whistleblowers to bring lawsuits to vindicate fraud against the government.) Garland is a clear and careful writer, who is appropriately deferential to Congressional statutes, agency rules, and past precedent. Although he has a reputation for tending to favor the government in criminal law and terrorism cases, he has not hesitated to rule against the government where it oversteps its authority in such matters. For example, he ruled in one case (In re Sealed Case) that a lower court made a mistake and had to order the prosecution to look for and disclose to a defendant any evidence that would tend to show innocence. In another (Parhart v Gates), he ruled that the Combatant Status Review tribunal had improperly relied on hearsay evidence to indefinitely detain someone as an enemy combatant. He has a generally positive record in such areas as labor law, environmental law, and individual civil rights. Overall, Garland has more federal court experience than any Supreme Court nominee in history.

Despite Judge Garland’s stellar record, Republican leadership has continued to insist that his nomination should not be considered, reviewed, and voted on at all by the Senate, with Republican Majority Leader McConnell refusing even to meet with Judge Garland. Even conservative columnist George Will has recognized that the only reason for this obstuctionist blockade is political, with the hope that a Republican president elected in November (Donald Trump?) will be able to fill the vacancy. Despite claims to the contrary, Democrats have not stooped to such political gamesmanship, as is best shown by their decision to confirm Reagan Supreme Court nominee Anthony Kennedy when they controlled the Senate in presidential election year 1988. No, Judge Garland won’t be the far-right conservative that Republicans hope to get from a President Trump or Cruz, but that is simply no reason for Republican senators to refuse to do their job and at least act on the nomination. Cracks have already begun to appear in the Republican blockade, with Sen. Mark Kirk stating that Garland should receive a hearing and a vote. With continued pressure from Americans across the country, Judge Garland will hopefully receive the hearing and the vote that the Senate owes to him, the Supreme Court, the Constitution, and the American people.

PFAW

PFAW Hosts Telebriefing on the President's Supreme Court Nominee

One day after President Obama nominated Judge Merrick Garland to serve on the Supreme Court, PFAW held a telebriefing for members about the extraordinarily qualified nominee and the GOP’s unprecedented obstruction campaign aimed at bringing the process of filling the vacancy to a halt.

PFAW’s Michael Keegan, Marge Baker, Elliot Mincberg, Drew Courtney, and Brian Tashman discussed the Republican blockade, Garland’s record as a judge, and what’s at stake in the confirmation fight for our constitutional rights and liberties.

“This nominee, when confirmed, will shift the balance” of a Supreme Court that has been one of the “most conservative Courts in decades,” Baker said. PFAW released a report last year, “Judgment Day 2016,” reviewing many of the 5-4 decisions that have had an enormous impact on the daily lives of Americans and highlighting how the composition of the Court is a key issue in 2016 and beyond.

Speakers outlined why it’s critical that Senate Republicans do their jobs and give Judge Garland the fair consideration that he deserves. Tashman noted that the Right’s encouragement of the GOP obstruction is nothing more than an “effort to delegitimize the president and play politics with the Court.”

You can listen to the full telebriefing here:

PFAW

A Circuit Court Nominee for Mitch McConnell to Consider

President Obama continues to work to fill our nation's judicial vacancies, this time with a Sixth Circuit nominee from Kentucky.
PFAW

GOP's Newest Defense of SCOTUS Obstruction Falls Apart

The GOP's talking points keep changing as they are refuted, and the latest ones are really easy to refute.
PFAW

Some People Are Still Doing Their Job on Judges

Senate Republicans need to do their job and give 3rd Circuit nominee Rebecca Haywood timely and fair consideration.
PFAW

Ron Johnson's Revisionist History

Johnson's explanation for why he wanted to delay work on filling the 7th Circuit vacancy isn't consistent with the historical record.
PFAW

PFAW Hosts Telebriefing on Women’s Health Cases at the Supreme Court

Two days after the Supreme Court heard oral arguments in a case about laws that use unnecessary regulations to shut down abortion clinics, PFAW held a member telebriefing on the two cases that may be the most significant for women’s reproductive rights in decades. The second case, which is about access to birth control and is being called “Hobby Lobby Part Two,” will be argued at the Supreme Court later this month.

On the call, actress and advocate Kathleen Turner, PFAW’s Marge Baker, Elliot Mincberg, and Drew Courtney, and the Center for Reproductive Rights’ Kelly Baden discussed what’s at stake in these cases – Whole Woman’s Health v. Hellerstedt and Zubik v. Burwell – as well as the future of women’s reproductive rights.

Turner pointed out that these cases underscore the importance of our courts in keeping unconstitutional attacks in check and protecting women’s liberty and bodily autonomy. Baden went on to highlight the ways in which these attacks harm low-income and rural women in particular, who are least able to travel long distances and pay high price tags for abortion care.

You can listen to the full telebriefing here:

PFAW

Who’s Driving The GOP’s Supreme Court Blockade?

Almost immediately after the news broke of Justice Antonin Scalia’s death last month, Republican senators started vowing to block the nomination of whomever President Obama appoints to succeed the conservative jurist. They were egged on in this kneejerk obstructionism by outside conservative groups who quickly circled the wagons in an effort to shut down any Supreme Court confirmation process.

Now, a few key conservative groups are leading the effort to pressure Republican senators to stay in line and to make it politically difficult for vulnerable Democrats to cooperate in a confirmation process. These groups have unified around a message that “the American people should decide” who the next Supreme Court justice is by waiting until the next president can nominate him or her — never mind that Americans did decide who they wanted picking Supreme Court justices when they reelected Obama in 2012.

This “let the people decide” message belies the true goals of the groups pushing it — not some idealistic belief in good governance, but an effort to shape a Supreme Court that favors business interests at the expense of workers and consumers and that helps to turn back the clock on women, LGBT people  and religious minorities.

A new report from People For the American Way looks at four of the conservative groups driving this strategy, outlining their history and their goals for the federal judiciary. It includes:

  • The Judicial Crisis Network was founded during the George W. Bush administration as the Judicial Confirmation Network with the goal of pushing through the nominations and confirmations of far-right judges to the federal bench.
  • The American Center for Law & Justice, founded by televangelist Pat Robertson, often acts as a legal arm for the Religious Right’s attempts to deny liberties to LGBT people, Muslim Americans and others.
  • The Heritage Foundation and Heritage Action have become forces for obstructionism as they pressure Republicans to abandon any attempt at bipartisan cooperation or simple governance.
  • The Family Research Council is working to turn back the clock on social advances for women, LGBT people and religious minorities — something that it hopes a friendly Supreme Court will accelerate.

Read the full report here.

PFAW

The Cruel Irony Of The Anti-Choice Movement’s TRAP Strategy

The Supreme Court heard arguments today in Whole Woman’s Health v. Hellerstedt, which could be the most influential abortion rights case in decades. Whole Woman’s Health, which addresses a Texas law that aims to close abortion clinics by saddling them with expensive and unnecessary regulations, puts to the test the anti-choice movement’s long-term strategy of passing targeted regulation of abortion providers (TRAP) laws meant to squeeze abortion providers out of existence.

As early as 1990, attorney Walter Dellinger, who went on to serve in the Clinton administration, was warning that the emerging strategy of setting up obstacles to abortion access would push women to obtain abortions later in their pregnancies, a more expensive and less safe procedure. These supposed “compromise” measures, he noted, were at the same time sometimes coupled with calls to cut off legal abortion during the second trimester of pregnancy. Dellinger wrote in The American Prospect:

To enact in the United States laws that simply prohibit abortions after twelve or eighteen weeks would constitute a strange and cruel response to the issue of late abortions. In this country, legislative deadlines for abortion would co-exist with access regulations designed to prevent women from being able to meet the deadline. No state truly concerned about either the increased maternal health risks or the moral implications of late abortions should consider the coercive step of prohibiting second trimester abortions while simultaneously pursuing policies that cause abortion to be delayed. … Bans on funding for abortions, shutting off access to public hospitals, parental consent/ judicial bypass laws, and testing requirements all fall into this category. Legislators who are troubled in principle by late abortions should support instead measures ensuring that every woman who wants to terminate a pregnancy can do so as early and as safely as possible.

Fast forward to late last year, when a study showed that exactly that had happened after Texas implemented its restrictive new law:

A new report released by the Texas Policy Evaluation Project — a research group based at the University of Texas at Austin that’s been tracking the state’s reproductive health policy over the past four years — finds that recent clinic shutdowns have greatly limited access to timely abortions statewide. In some cases, women had to wait nearly a month to be seen. In others, clinics had to turn women away, since they had no available appointment slots open.

As wait time to get an abortion increases, the estimated proportion of abortions performed in the second trimester increases. These later surgical abortions, although safe, are associated with a higher risk of complications and are significantly more costly to women than an earlier medical abortion. And even staunch abortion opponents are more opposed to late-term abortions compared to earlier procedures, citing the scientifically disputed theory that fetuses can feel pain after 20 weeks gestation.

At today’s arguments in Whole Women’s health, Justice Anthony Kennedy hinted at this issue, according to the Wall Street Journal’s early reports:

Justice Kennedy ends the string of questions from the women justices.

He notes that drug-induced abortions are up nationwide, but down in Texas, where the number of surgical abortions is up since the state enacted its law. He wondered whether such an impact was “medically wise.”

Justice Ruth Bader Ginsburg similarly called out Texas’ solicitor general for undermining his own claim that the state’s regulations were meant to protect women’s health:

Justice Ginsburg asks: How many women will be located more than 100 miles from a clinic? Mr. Keller makes reference to a 25% number, but says that number is high because it doesn’t take into account some women close to clinics in New Mexico.

That’s odd, Justice Ginsburg says. She wonders why Texas would consider those New Mexico clinics an option, given that they wouldn’t meet the standards set forth in the state law. If your argument is right, New Mexico is “not a way out” for Texas, the justice tells Mr. Keller.

Even as the anti-choice movement is pushing restrictive regulations that, as the Texas study showed, drive women to seek abortions later in their pregnancy, it is championing measures at the state and federal level that would cut off legal abortion at 20 weeks of pregnancy, partway through the second trimester.

Of course, the anti-choice movement is focusing on these two strategies because they believe they can pass muster in the courts and in public opinion in a way that the ultimate goal — an outright ban on abortion — would not. But what is left is not a regime that protects women’s health, as proponents of Texas’ law claim, but one that makes it increasingly difficult, if not impossible, for women to obtain an abortion, which has been their ultimate goal all along.

 

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Will Grassley Quit as Judiciary Chair?

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