We know from polls that Americans on the left, right and everywhere in between are fed up with the destructive role of big money in politics and are ready for a solution to the unchecked flood of spending that has been released by a recent string of Supreme Court decisions.
But that idea got a surprising endorsement from Rep. Michele Bachmann, the ultraconservative Minnesota Republican, who in response to a question after a speech at the Heritage Foundation on Wednesday (10/15), lamented the “ridiculous,” “crazy,” “bizarre and absurd” level of money that is now saturating elections.
Money in politics clip starts 49 minutes in:
“I think it’s ridiculous the amount of money we spend on these elections,” she said. “It’s gone into the level of the bizarre and absurd.”
Recalling her 2010 reelection battle, for which she raised over $13 million, Bachmann said, “That’s crazy money. That’s crazy that any candidate should have to raise that kind of money.”
“Money is buying influence rather than real people going to the polls,” she said.
Bachmann didn’t propose any solution to the surge of money in politics, except hinting at spending limits for campaigns — which were struck down by the Supreme Court’s 1976 Buckley v. Valeo decision. But her comments mark a rare occasion in which a Republican member of the 113th Congress – a Tea Partier no less – has gone on record to acknowledge the troubling influence of big money in politics.
Radio listeners in Colorado will be hearing a new Spanish-language radio ad today highlighting the stark differences between the Senate candidates’ stances on environmental issues.
The ad, aired by NextGen Climate and supported by People For the American Way, sheds light on GOP candidate Rep. Cory Gardner’s ties to wealthy special interests who pollute the environment as well as Democratic candidate Sen. Mark Udall’s commitment to protecting clear air and water for Colorado families. The ad closes with a call to action for voters: “Let’s remember: our vote is our strength.”
On Monday, PFAW and NextGen Climate began airing a TV ad that also calls Gardner out on his record of standing on the side of polluters and wealthy donors. This work is part of a multi-year, nationwide campaign to engage Latino voters in key states that PFAW has been leading since 2011.
You can read a transcript of the ad, as well as an English translation, below.
El republicano Cory Gardner nos quiere engañar.
Dice que valora a nuestra comunidad, pero su campaña acepta dinero de contaminadores multimillonarios que envenenan el aire y agua. Y nosotros estamos expuestos a la contaminación ambiental hasta 4 veces más que a otros residentes de Colorado.
Por esto ¿A quien apoyaremos este Noviembre? ¡Al demócrata Mark Udall!
El lucha para que tengamos agua limpia y aire sano en nuestros hogares y vecindarios.¡Y el protege la salud de nuestras familias y de nuestros hijos por que valora a nuestra comunidad! Por eso, en estas elecciones tenemos la responsabilidad hacia nuestro pueblo de votar por Mark Udall.
Recordemos: nuestro voto es nuestra fuerza.
Pagado por NextGenClimate Action Committee, nextgenclimate.org. No está autorizado por ningun candidato o comité del candidato. NextGen Climate Action Committee es responsable por el contenido de este anuncio. Apoyado por People For the American Way.
Republican Cory Gardner wants to deceive us.
He says he values our community, but he takes money for his campaign from billionaire polluters who poison the air and water. And we are exposed to pollution by as much as 4 times greater than other Colorado residents.
Because of this, who will we be supporting this November? Democrat Mark Udall!
He fights so that we have clean air and water in our neighborhoods and homes. And he protects the health of our families and children because he values our community! That’s why we have the responsibility to our community to vote for Mark Udall in this election.
Let’s remember: our vote is our strength.
Paid for by NextGen Climate Action Committee, nextgenclimate.org. Not authorized by any candidate or candidate’s committee. NextGen Climate Action Committee is responsible for the content of this advertising. Supported by PFAW.
On Monday night, Sen. Mitch McConnell and Democratic challenger Alison Lundergan Grimes went face-to-face in debate for the first and only time in their race, and PFAW activists were paying attention.
More than 50 people turned out to a debate watch party that People For the American Way co-hosted in Louisville – one of the largest in Kentucky.
Candidates sparred over raising the minimum wage and on whether to repeal the Affordable Care Act. McConnell tried repeatedly to tie Grimes to Obama and to portray her as anti-coal. Grimes fired back by blaming the gridlock and dysfunction in DC on McConnell. She also highlighted who McConnell really works for: “I'm not bought and paid for by the Koch brothers or any special interest.”
Sen. McConnell reminded Kentuckians that if he is re-elected and becomes Senate majority leader, he will help set the nation’s political agenda next year. That’s a pretty scary thought. And that’s why PFAW is working hard on the ground in Kentucky to save the Senate and keep millionaires and billionaires from deciding the future of our nation.
PFAW is proud to announce 13 new endorsements. These candidates and officials, representing a diverse and broad swath of constituencies, are some of the best and brightest progressive champions in the country.
These candidates have fought against big money in politics, promoted economic fairness and equality for all, and called for increasing educational opportunities for workers and students. They promote civil rights and voting rights, support marriage equality and employment protections for LGBTQ Americans, and believe women should maintain choice over their own health decisions. Many are endorsed by multiple leading progressive, labor, civil rights, women’s rights, and equality organizations.
PFAW encourages all members to consider supporting these terrific candidates’ campaigns.
On Thursday, PFAW members joined MoveOn.org, Kentucky AFL-CIO, and other activists to protest Sen. Mitch McConnell’s pro-corporate agenda outside of a high-dollar fundraiser for the senator featuring Mitt Romney. The exclusive event was priced at $1,000-$5,000 a ticket.
Activists, standing up against big money in politics, called for Sen. McConnell to listen to Kentuckians and not just to the billionaires and corporations that fund his politics. They held signs that read “Ditch Mitch” and “Corporations are not People.”
Kentucky AFL-CIO President Bill Londrigan joined the protest, along with PFAW organizers and grassroots activists.
Yesterday, People For the American Way members participated in a telebriefing to discuss the Supreme Court’s upcoming term and to preview some of the important cases the Court will be hearing this year. The call was kicked off by PFAW President Michael Keegan and moderated by PFAW Director of Communications Drew Courtney. PFAW’s Senior Legislative Counsel Paul Gordon reviewed highlights of his recent report previewing the Supreme Court’s upcoming term and answered questions from members. Also on the call and answering questions were Senior Fellow Elliot Mincberg and Executive Vice President Marge Baker.
Among the cases Gordon previewed were Young v. UPS, Integrity Staffing Solutions v. Busk, Mach Mining v. EEOC, Holt v. Hobbs, and Alabama Democratic Conference v. Alabama / Alabama Legislative Black Caucus v. Alabama. The issues addressed in these cases range from employment discrimination and workers’ rights, to religious liberty and voting rights.
He also discussed potential cases that the Court could still add for this term, which included cases on marriage equality, the Affordable Care Act, and contraception coverage by religious nonprofits—the “sequels to Hobby Lobby.”
Members’ questions focused on how the country can move forward to change some of the more damaging decisions like Citizens United, and what each person could do to effect change and impact the courts. Emphasizing what is at stake this election, both PFAW President Michael Keegan and Gordon called on people to vote in November because “when you vote … for the Senate, you are voting for the next Supreme Court justice.”
Listen to the full audio of the telebriefing for more information.
For nearly half a century, the Voting Rights Act (VRA) has helped protect each American’s right to vote, a founding principle of our democracy. Last year, the 5-4 Supreme Court decision in Shelby County v. Holder gutted a key provision of the VRA and imperiled those hard-won voting rights. But new polling finds that across the board, Americans want to see these protections restored.
The poll, conducted by Lake Research Partners and released this week, finds that Americans believe laws must be in place to ensure that each individual has a voice in our democratic process. More than 8 in 10 voters favor the Voting Rights Act for combatting persistent issues with voting discrimination, including 72 percent of respondents who are strongly in favor of VRA protections. Additionally, over two-thirds of voters from diverse racial, political and geographical backgrounds support restoring the Voting Rights Act and strengthening protections for the right to vote.
The overwhelming response in support of strong voting protections underscores the failure of Congress to listen to the American people. Even in the face of this broad consensus, House Republican leadership has made it clear that protecting the right to vote is not a priority for them.
It’s no secret that our country’s elections have been taken over by out-of-control spending, and this year’s rapidly approaching midterms are no exception. Maybe that’s why it’s so refreshing to read about some recent progress in the fight to reclaim our democracy from corporations and billionaires. Today the Montgomery County Council in Maryland is set to vote on legislation that would create a system of small-donor public financing for local elections — and it’s looking likely to pass.
It’s a system based on a simple premise: swap in lots of small donations from local community members in place of a handful of large donations from powerful interests. Encourage local people to give money to candidates they support by matching those donations with public funds. Not only does this empower regular people to get involved in campaigns, since they see their dollar going further, but it makes it smart for candidates to seek support from, and be accountable to, their own community members rather than wealthy special interests.
The Baltimore Sun explains how it would work in Montgomery County:
Beginning in 2015, candidates for county executive or council would qualify to have their political campaigns publicly funded if they attracted a sufficient number of small contributions of $5 to $150. In the case of a council race, for instance, it would be 125 donations adding up to at least $10,000. After that, campaigns would be largely publicly financed on a matching basis….The system would be voluntary, but participants would not be able to accept donations larger than $150 or from political action committees or labor organizations.
Public financing has worked in other cities across the country. Take New York City as an example. A 2012 Brennan Center analysis of the effects of the city’s public finance model found that the matching system helped “bring participants into the political process who traditionally are less likely to be active.” The study suggested that the model encouraged candidates to reach out to a more diverse group of people to support their campaigns, rather than centering all of their efforts on the wealthiest donors.
And when candidates start getting into office because of the support of their constituents, rather than because a few wealthy special interests have bankrolled their campaigns, the policy agenda can shift from one designed to keep powerful interests happy to one designed to serve the common good.
Legislators across the country should take note of what’s happening in Montgomery County. Polling consistently shows that the overwhelming majority of voters want to see elected officials work to lessen big money’s impact on our elections. In other words, Americans understand the problem but are hungry for solutions. Along with long-term fixes like pushing to amend the Constitution to overturn decisions like Citizens United, small donor public financing can be a way to put everyday Americans’ voices at the center of our political process, where they belong.
People For the American Way’s Right Wing Watch closely followed this weekend’s Values Voter Summit, an annual event hosted by the Family Research Council where GOP elected officials pander to Religious Right leaders.
On Friday, PFAW’s Director of Communications Drew Courtney joined Rev. Al Sharpton on MSNBC’s Politics Nation to discuss the summit, as well as the Republican party’s ongoing lurch to the right.
“The difference between the fringe Right of the party and the establishment is less and less,” Courtney told Sharpton. “That’s not because the fringe is getting less extreme; it’s because the establishment has been dragged to the right along with them.”
Watch the full interview here:
In a recent interview with the New Republic, Supreme Court Justice Ruth Bader Ginsburg reiterated her belief that Citizens United v. FEC was the worst ruling to be handed down from the Roberts court:
“If there was one decision I would overrule, it would be Citizens United. I think the notion that we have all the democracy that money can buy strays so far from what our democracy is supposed to be.”
The interview goes on to cover a range of topics, including her growing notoriety as an internet sensation as well as her plans to stay on the court as an active justice.
“As long as I can do the job full steam, I will stay here. I think I will know when I’m no longer able to think as lucidly, to remember as well, to write as fast. I was number one last term in the speed with which opinions came down. My average from the day of argument to the day the decision was released was sixty days, ahead of the chief by some six days. So I don’t think I have reached the point where I can’t do the job as well.”
In previous interviews Justice Ginsburg has described this Court’s campaign finance decisions as its biggest mistakes, alluding to the way in which money is “corrupting our system.”
Our affiliate PFAW Foundation recently released a report examining Justice Ginsburg’s vital role dissenting against the increasingly conservative rulings of the Roberts Court.
In a debate yesterday, Barbara Comstock, GOP candidate for Congress from Virginia’s 10th District, compared the tracking of immigrants to the tracking of Fedex packages.
I think first and foremost we need to stop playing politics with this, secure the borders, and just do it. We know how to do it. Fedex can track packages coming in here all the time. We can track people who are coming into the country, and we can do that right.
Comstock is not alone in her dehumanization of people coming to the U.S. Last year, Ken Cuccinelli compared immigrants to rats: “It is worse than our immigration policy. You can’t break up rat families…and you can’t even kill ‘em.”
People in Virginia and around the country need to know about the hateful rhetoric coming from the Right and the extremist views held by candidates vying for leadership positions. These are not fringe conservatives, but candidates in contested races who could eventually influence how immigration policy is shaped and the way our country is run.
Immigrants are not Fedex packages to be tracked, families of rats, or drug runners with “calves the size of cantaloupes.”
Attorney General Eric Holder, who today announced his plans to resign, has been a leader in addressing systems of racial discrimination and protecting the fundamental rights of every American to be treated equally under the law and participate in our democracy.
Perhaps it’s not surprising, then, that the Right loves to hate him.
In February of this year, the American Family Association demanded Holder’s impeachment after he had the audacity to treat married same-sex couples like married opposite-sex couples with regard to a host of legal rights and recognitions. Shortly after, both Faith and Freedom Coalition head Ralph Reed and Republican Rep. Tim Huelskamp echoed the call for Holder’s impeachment because of his support for marriage equality. Televangelist Pat Robertson also joined the impeachment parade, alleging that under Holder, “sodomy” was being “elevated above the rights of religious believers.”
Holder’s commitment to redressing racial injustice was no more warmly received by the Right than his work in support of LGBT equality. After Holder spoke out against voter ID laws, which disproportionately harm people of color, Texas Gov. Rick Perry accused him of “purposefully” “incit[ing] racial tension.” Gun Owners of America director Larry Pratt argued that Holder’s open discussion of racial discrimination in the criminal justice system means that he is the real “racist,” asserting last year that Holder wants to “intimidate the rest of the country so that we don’t think about defending ourselves” against “attacks by black mobs on white individuals.” Bryan Fischer of the American Family Association went so far as to say that Holder would never “prosecute someone if the victim is white.” And after Holder visited Ferguson, Missouri last month, David Horowitz outrageously commented that the attorney general was leading a black “lynch mob.”
And those are just a handful of the attacks the Right has leveled against Holder for his work protecting equality under the law.
The fact that the far Right has reacted with so much vitriol to the attorney general’s leadership is a sign not only of how uninterested they are in the civil rights that the Justice Department is meant to protect, but also of how effective Holder’s work has been. The next attorney general should share Holder’s deep commitment to protecting the rights of all Americans – and, by extension, make all the “right” enemies among those hoping to turn back the clock on civil liberties.
In anticipation of this weekend’s annual Values Voter Summit, a multi-day event where GOP elected officials and presidential hopefuls rub elbows with Religious Right leaders, People For the American Way President Michael Keegan joined the leaders of the Southern Poverty Law Center and five other civil rights and LGBT organizations in an open letter calling on Republican National Committee chair Reince Priebus to ask members of his party to disassociate themselves from the summit.
The letter, printed in the Washington Post and The Hill this morning, highlights the repeated and vicious demonization of LGBT people by the groups responsible for the summit, including its host, the Family Research Council:
Its president, Tony Perkins, has repeatedly claimed that pedophilia is a “homosexual problem.” He has called the “It Gets Better” campaign — designed to give LGBT students hope for a better tomorrow — “disgusting” and a “concerted effort” to “recruit” children into the gay “lifestyle.”
… Bryan Fischer of the American Family Association, a summit sponsor, has said the U.S. needs to “be more like Russia,” which enacted a law criminalizing the distribution of LGBT “propaganda.” He also has said, “Homosexuality gave us Adolph Hitler, and homosexuals in the military gave us the Brown Shirts, the Nazi war machine, and six million dead Jews.”
By participating in the summit, Republican Party leaders risk legitimizing this kind of virulent extremism. Given that reality, the letter asks a simple question: where does the GOP stand on gay bashing? Reince Priebus himself has said, “People in this country, no matter straight or gay, deserve dignity and respect.” But will he walk the talk and, as the letter asks, “tell the members of your party to shun groups that demean other people and deny them dignity?”
You can read the full letter here.
This is a good day for Americans who care about our federal courts. According to press reports, Judiciary Committee Chairman Patrick Leahy has said that Georgia federal district court nominee Mike Boggs lacks majority support on the committee and that he should withdraw. The New York Times calls the nomination "dead."
Federal judicial nominees routinely - and appropriately - assure senators that their personal feelings and political positions will play no role in their judicial decisions. But this particular nominee did exactly the opposite when running for election as a state judge in 2004. That's when then-Rep. Boggs told voters at a judicial candidates' forum, "I am proud of my record. You don't have to guess where I stand - I oppose same-sex marriages. I supported and authored the Child Protection Act to protect children from predators. I have a record that tells you exactly what I stand for."
This connection - that Boggs himself made - between how he would approach judging cases to his views as a legislator on the legal issues that would be before him as a judge, compelled the Senate Judiciary Committee to examine Boggs' legislative record.
And what a disturbing record that was: He sought to amend the state constitution to forever lock gays and lesbians out of the promise of equality and to prohibit the Georgia legislature from ever extending marriage rights to gays and lesbians. He supported anti-choice legislation and even voted for a bill amendment that would have put abortion providers' lives at risk. He voted in support of having the Confederate battle symbol incorporated into the state flag. He sought to use the power of government to promote religion, church-state separation notwithstanding.
Given his 2004 assurance that his legislative record showed how he would rule as a judge, senators could certainly presume that Boggs has a severely cramped view of constitutional Equal Protection, reproductive rights, and church-state separation. LGBT people, religious minorities, African Americans, and women could not be assured that their basic rights would be recognized and fully protected in his courtroom.
To make things worse, his efforts to explain away his record to the Judiciary Committee raised questions about his candor.
For instance, at his hearing, he assured both Senators Mazie Hirono and Chris Coons that statements he made in 2004 while expressing his opposition to marriage equality about "the dangers that we face with respect to activist judges" were views he held as a legislator, not as a judge. Yet he sounded quite different as recently as November 2011, having been a judge for nearly seven years. At that time, Boggs was promoting himself to a different audience, the Judicial Nominating Commission of Georgia, which was considering recommending to the governor his appointment as a state appeals court judge. When asked then how to improve the efficiency and effectiveness of the legal system, Boggs cited as the problem "judges who abrogated their constitutionally created authority" and "judicial decisions that have ignored and violated the basic tenets of the judiciary."
At his Senate confirmation hearings just a few years later, Sen. Coons asked Boggs to name three or four examples of cases that he'd had in mind when he expressed those concerns in 2011. Boggs admitted that as a legislator in 2004, he considered cases recognizing marriage equality as a state constitutional right as fitting this category, but didn't say what cases he'd had in mind in 2011. In her written follow-up questions, Sen. Dianne Feinstein asked Boggs if he could name any decisions that he believed abrogated the judiciary's constitutionally created authority (using his words). He responded that he could not recall any cases that he had been thinking of at the time.
Yeah, right. Based on what Boggs told the state Commission, he viewed this as extremely serious, going to the very legitimacy of the courts. Yet just a few years later, even after being given additional time to think about it, he could not recall even one case that he'd had in mind. One could be forgiven for believing instead that he actually had in mind the same cases he'd referred to in 2004, and that he was telling the commissioners - and ultimately, Georgia's governor - what he thought they wanted to hear.
His efforts to explain away his votes endangering abortion providers and supporting the Confederate battle symbol were equally not believable, and apparently they were not believed by a majority of committee members. Good for them.
Boggs' disturbing record showed he was unqualified for the federal bench. Today's news shows that a majority of the Judiciary Committee agrees.
On Wednesday, PFAW joined representatives from a number of organizations similarly concerned with civil rights and the cornerstone of American democracy – the right to vote – on Capitol Hill to present Speaker John Boehner with the signatures of more than 500,000 Americans demanding that Congress move forward in restoring key provisions of the landmark Voting Rights Act.
Today, access to the voting booth has become an increasingly imperiled right for many Americans, thanks to the Supreme Court’s decision last year in Shelby County v. Holder. Across the country, states and localities are making changes to voting laws that make it more complicated and onerous to carry out a fundamental civic duty, especially for ethnic and racial minorities, the elderly, and student voters.
However, the Republican leadership in the House does not seem to share the public’s sense of urgency on compromised voting access. Tellingly, neither Speaker Boehner nor his staff acknowledged the coalition’s attempt to deliver the signatures in-person. The office that he keeps for his congressional district was locked, and knocks went unanswered, shutting out the American people, including his constituents, in the middle of a workday while Congress is in session.
In a press conference following the attempted delivery of the petitions, lawmakers and representatives from the #VRA4Today coalition of more than 50 advocacy groups spoke of the need to strengthen the rights of voters and restore the critical protections of the Voting Rights Act. Marge Baker, executive vice president of People For the American Way, said:
Repairing the damage done by the court majority in Shelby is a critical test of whether Congress can put partisanship behind to protect our democracy. The will of the people is clear: we will not tolerate voting discrimination in our country, we will not turn back the clock.
Joining in this sentiment was House Minority Whip Steny Hoyer, who urged his colleagues to support the rights of Americans to participate in their government. “The right to vote is the most fundamental right in a democracy,” he said. “It is the right to have one’s voice heard.”
It’s not hard to understand that the Right Wing is out of touch, but sometimes it is hard to recognize just how out of touch its leaders really are.
Take, for instance, ISIS, the group of radical militants committing atrocities across Iraq and Syria, recently beheading two American journalists among many others. It’s a scary organization, but to the Right, it’s not as scary as, say, comprehensive immigration reform.
To Pat Buchanan, the threat of immigration and the “decomposition of this country” is significantly greater than that of ISIS. William Gheen of the anti-immigrant group Americans for Legal Immigration (ALIPAC) also claimed that undocumented immigrants are a greater threat to America than ISIS since, according to Gheen, “ISIS could cut off the heads of journalists once a month for the next five years and that’s not going to destroy America, but Obama’s pumping of illegal immigrants into the country will.”
Nor is immigration the only domestic issue the Right thinks bears a resemblance to a vicious foreign threat.
Vic Eliason and Mat Staver last week linked same-sex marriage in the U.S. to the beheadings by ISIS. According to Eliason and Staver, gay rights advocates are destroying morality and biblical values and creating an anything-goes society where people do whatever they need to—killing or beheading—to get what they want, just like ISIS.
What’s terrifying about these comments isn’t that they’re extreme, but that these right wing figures aren’t speaking in a vacuum. Their audience continues to represent an important part of the GOP base, and in some cases these speakers have a direct line to Republican politicians.
As progressives, we can’t ignore this extremism just because it seems disconnected from reality. For the far right, that’s never been an obstacle at all.
On Monday city council members in Atlanta overwhelmingly passed a resolution (12-2) in support of the Democracy for All amendment, joining the list of more than 550 towns and cities across the country that have called on Congress to address our broken campaign finance system. Last week 54 senators voted in support of the proposed amendment, which would overturn decisions like Citizens United and allow legislators to set reasonable limits on money in election. One additional cosponsor of the bill was unable to attend the vote, so the total number of U.S. Senate supporters is 55.
The recent votes in Washington and in Atlanta indicate a clear trend: people are tired of big money buying influence in our elections. Local and state victories are a key step toward the passage of a 28th amendment, which requires approval of 2/3 of Congress and ¾ of the states. A growing coalition of organizations are mobilizing their members around this issue, with groups now working together on the local, state and national level.
Passing a constitutional amendment is no easy feat, though with concerted effort and determination history has proven it can happen, as it has 27 times thus far. In less than five years since the Citizens United v. FEC decision was handed down, the progress that has been made in enacting a solution is substantial: 3.2 million people, 55 senators, 16 states and over 550 municipalities have all called for a constitutional amendment. Through the continued leadership of cities such as Atlanta, the will of the people can be made unmistakably clear to those in Washington. This is a debate, and an amendment, that the American people are willing to fight for.
The past week held both good news and bad news for voting rights, depending on your part of the country. On Friday in Ohio, an appeals court declined to put on hold a ruling that expands early voting in the state, a win for those of us who believe that voting should be fair and accessible for all people. But on the same day, an appeals court gave the okay to Wisconsin’s voter ID law — a law that had been blocked months ago by a federal judge who noted that it disproportionately affects Latino and black communities.
Commentators have noted that instating the new voter ID law in Wisconsin so close to an election could cause real confusion for voters, and advocates are asking for a re-hearing. As election law expert Rick Hasen said, “It is hard enough to administer an election with set rules — much less to change the rules midstream.”
Beyond the practical implications for voters, it’s also important to connect the dots back to how these decisions happened and who was making them. As The Nation’s Ari Berman wrote on Friday night:
[A] panel of Democrat-appointed judges on the Sixth Circuit upheld a preliminary injunction from a Democrat-appointed district court judge striking down Ohio’s cuts to early voting. Two hours earlier, however, a trio of Republican-appointed judges on the Seventh Circuit overturned an injunction from a Democratic judge blocking Wisconsin’s voter ID law.
This is why elections matter. And the courts are increasingly becoming the arbiters of who does and does not get to participate in them. [emphasis added]