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PFAW and Allies Go ‘Door to Door’ in DE State Legislature in Campaign to Get Money Out of Politics


It was the tiring but rewarding work of democracy in action. 

PFAW Legislative Representative Calvin Sloan recently joined PFAW members and ally organizations Common Cause Delaware and Public Citizen in meeting with Delaware Senators and Representatives, asking them to sign a letter calling for a Constitutional amendment reversing the Supreme Court’s Citizens United decision. Going “door to door” in the state legislature, the advocates held meetings with lawmakers about the importance of reclaiming our democracy from corporations and wealthy special interests.  By the end of the day, the advocates were exhausted but buoyed by the positive responses they had received from public officials on both sides of the aisle.

Already signed by more than two dozen Delaware legislators, the letter notes,

“The United States of America’s elections should not be permitted to go to the highest bidder, and yet this is the risk that rises from the ashes of the Citizens United decision. This risk must be abated.”

From grassroots advocacy in Delaware to tracking money in politics legislation across the country, PFAW continues to speak out about that risk.  And as President Michael Keegan wrote in an action alert last month,

“Our national movement to get unlimited corporate and special interest money out of our elections is growing stronger by the day.”

PFAW

Wolf Calls On Corbett to Drop Electoral College Bill: PFAW Press Conference

This morning, gubernatorial candidate Tom Wolf became yet another in a long line of prominent Pennsylvanians of both parties to speak out against the Republican electoral college rigging proposal. At a People For the American Way press conference in Lancaster, Pennsylvania, this morning, Wolf and Sally Lyall of the Lancaster County Democrats called on Governor Tom Corbett to denounce the electoral vote rigging scheme drummed up by State Senator Dominic Pileggi. Wolf denounced the scheme as a “bad idea,” saying:

"There is such a thing as a bad idea. This is it. It’s a bad idea because it’s not fair…it’s not democratic. But it’s also a bad idea because it’s not smart. It puts Pennsylvania at a great, great disadvantage. I urge Governor Corbett to oppose this law as the bad idea it is.”

Governor Corbett has so far refused to denounce the bill even after more than 100,000 petitions against the scheme were dropped off at his office and hundreds of volunteers went door to door successfully mobilizing Pennsylvania voters in key districts to oppose the bill. Corbett continues to kowtow to the narrow special interests and Republican Party leaders like Senator Pileggi instead of standing with the people of Pennsylvania.

“Since Governor Corbett refuses to state his position on this scheme, we can only assume he sides with state Republican leadership and against Pennsylvania voters. Instead of focusing on growing the state’s economy, he would rather push a plan to disenfranchise millions of voters, gerrymander legislative districts and make Pennsylvania irrelevant in presidential elections. That is not  the kind of leadership Pennsylvania needs,” said Randy Borntrager, political director of People For the American Way.

It’s been clear for a while now that the Republican strategy on this bill has been to say it isn’t a priority, or just entirely avoid the question, not to actually defend its merits- because they know it doesn’t have any. They know it isn’t popular, fair, or right for Pennsylvania, but that won’t stop them from trying to sneak it through. Every day that we wait for an answer from Corbett is another day that this bill threatens the rights of Pennsylvanians. But People For the American Way isn’t going to wait quietly. With our partners in Pennsylvania, we’re asking the governor to stand up and be honest about his position on this bill.

 

PFAW

1000-Day Judicial Vacancy in Georgia

Georgia's senators are keeping President Obama's 11th Circuit Court nominee from even having a committee hearing.
PFAW

Susan Collins’ D.C. Circuit Hypocrisy

Maine Republican Sen. Susan Collins signed on today as a cosponsor of a blatantly political bill meant to deny President Obama, unlike any of his predecessors, the ability to fill vacancies on the D.C. Circuit Court of Appeals.  

The D.C. Circuit is the second most influential court in the country, behind the Supreme Court. It has the final word on scores of federal laws and regulations, from consumer protections to workers’ rights to environmental protections

For more than 30 years, presidents of both parties have placed numerous judges on the D.C. Circuit:

Senate Republicans prevented President Obama from placing a single nominee on the court during his first term and the first four months of his second, despite the fact that one-third of its active judgeships were vacant. They were so eager to keep the court dominated by Republican-nominated judges that they twice filibustered President Obama’s first nominee to the court, the eminently qualified Caitlin Halligan. Yesterday, after a ten-month delay, the Senate finally confirmed an Obama nominee, Sri Srinivasan, to fill one of the court’s four vacancies. But Republicans are indicating that their cooperation will stop there.

Senate Republicans are not only vowing to block any Obama nominees to the remaining three seats on the D.C. Circuit, they are actually proposing a bill that would eliminate those three seats entirely in order to prevent President Obama from filling them. 

The bill, sponsored by Senate Judiciary Committee ranking member Chuck Grassley and cosponsored by every other Republican member of the Judiciary Committee, just gained its first non-committee cosponsor: Sen. Collins.

The bill’s backers claim that the D.C. Circuit doesn’t have a great enough workload to justify filling the remaining three judgeships. However, Sen. Collins’ own voting record provides a perfect refutation of that argument.

Sen. Collins and her allies object to Obama’s filling the 9th, 10th and 11th seats on the D.C. Circuit. However, when George W. Bush was president, Sen. Collins had no such reservations about the need to fill the court's vacancies. In 2006, Collins voted to confirm Bush nominee Brett Kavanaugh to the 10th seat on the D.C. Circuit. In 2005, she voted to confirm Bush nominees Janice Rogers Brown to the 10th seat on the court and Thomas Griffith to the 11th.

Following the Griffith confirmation, which Collins supported,  the D.C. Circuit’s caseload was 119 cases per active judge. If every one of the D.C. Circuit’s 11 seats were filled today --  including the three seats that Sen. Collins wants to eliminate – the court’s caseload would be slightly higher than it was then, at 120 cases per active judge. Sen. Collins evidently thinks that what was a reasonable caseload for the court under President Bush is  somehow wastefully low under President Obama.

Meanwhile, here is Sen. Sheldon Whitehouse refuting Sen. Grassley’s absurd claim that President Obama is trying to “pack” the D.C. Circuit by filling its vacancies:

PFAW

Pennsylvania Gov. Tom Corbett Just Can't Find ANY Latinos

Sometimes, Governors ‘say the darndest things.’  In a roundtable discussion hosted by the Al Dia Spanish language newspaper at The Union League of Pennsylvania Wednesday, PA Gov. Tom Corbett let it slip that he didn’t ‘have any’ Latinos serving in his administration.

MODERATOR: Do you have staff members that are Latino?
CORBETT: No, we do not have any staff members in there. If you can find us one, please let me know.
MODERATOR: I am sure that there are Latinos that…
CORBETT: Do any of you want to come to Harrisburg? See?!

Could Gov. Corbett really not “find” any Latino Pennsylvanians to serve on his staff? The latest numbers indicate that there are 719,000 people in Pennsylvania who identify as Latino or Hispanic according to the Pew Research Hispanic Center.  That’s just over 6% of all Pennsylvanians, and growing. 

While talking about representing all Pennsylvanians, Corbett and Pennsylvania Republicans continue to overlook the Latinos all around them. Really, Governor, you couldn’t ‘find’ any qualified Latinos to serve on your staff?  Or is it that you aren’t really looking?

PFAW

D.C. Circuit Vacancies: One Down, Three to Go

Senate Republicans kept Sri Srinivasan from getting a committee hearing until ten months after his nomination, and even tried to filibuster him before allowing a unanimous vote to confirm him to the D.C. Circuit Court of Appeals.
PFAW

“Fix Our America” Takes Off in Los Angeles

In Los Angeles, California, a group of specialists in media, advertising and entertainment, joined by business people, lawyers, and civic activists have founded an organization that is running advertisements based solely on the need to amend the Constitution to fix our political campaign finance system.  The group, Fix Our America, has begun the process of running the following advertisement on airwaves in California, and is seeking to run more ads in other media markets across the country:

These advertisements are boosting the amendment dialogue in California, a state that has witnessed much grassroots amendment activity yet is still in need of deep reform.  Just days ago, Los Angeles voters approved Ballot Measure C, which called for a constitutional amendment to overturn Citizens United, with 77% of the vote; last year, the California state legislature passed an amendment resolution “to restore constitutional rights and fair elections to the people”; and since the Citizens United decision came down in January 2010, over 75 California municipalities have called on Congress and the states to pass and ratify an amendment to overturn Citizens United.

California does not stand alone.  The amendment movement is well underway and gaining momentum in states across the country.  Fix Our America is yet another example of the American people joining together in protest of the fundamental threat that corporate and special interest campaign spending poses to our democratic institutions.  In the words of Fix Our America’s Declaration of Principles Statement, “Americans deserve the best. Instead, we have been saddled with a system that … leaves all of us at the mercy of those who buy legislation and policy to suit their narrow interests.”  The time has come to fix that.
 

PFAW

Rethinking the IRS Mess

Amid Congressional hearings and an unending stream of pointed fingers, what is the real takeaway from the unfolding IRS mess?  United Steelworkers President Leo Gerard has the answer, arguing that our country needs to rethink the role of corporate money in our elections by passing a Constitutional amendment overturning the Citizens United decision.

In an In These Times article Tuesday, Gerard called for such an amendment, writing that

“while every politician in Washington is cursing the carbuncle, hardly one has complained of the cancer killing the patient. Allowing unlimited, unaccounted-for corporate spending in elections is a malignancy threatening the life of the republic.”

PFAW President Michael Keegan has also spoken out about the danger of allowing the IRS misdeeds to be held up as an example of the perils of oversight writ large.

 In a Huffington Post piece last week, he noted,

“The danger of this frame is that it will discourage the IRS from fully investigating all nonprofit groups spending money to influence elections. And it will distract from the core problem behind the IRS's mess: the post-Citizens United explosion of undisclosed electoral spending.”

As both writers remind us, the IRS should never base its work on the political leanings of applicant groups.  But where our real focus should lie in this national dialogue is on how to strengthen transparency and accountability in all electoral spending.
 

PFAW

McConnell Bobs and Weaves on Judicial Nominations

McConnell tries & fails to justify filibuster of DC Circuit nominee Srinivasan, and throws a GOP-supported 10th Circuit nominee under the bus in the process.
PFAW

As Immigration Bill Advances, Common Sense Faces off with Extremism

Last night the Senate Judiciary Committee voted 13-5 to advance immigration legislation that creates a path to citizenship for millions of undocumented immigrants.  It is expected to come to the Senate floor for debate in June. 

As the bill moves forward, Republicans in Congress will have to make a choice between casting their lot with the majority of their party and country in supporting common-sense reform or with anti-immigrant extremists attempting to stand in the way of progress.  As Right Wing Watch has documented, right-wing activists continue to push damaging, outrageous lies about immigrant communities.  Maria Espinoza, director of a project linked to the nativist Numbers USA, proclaimed that “no one is immune to the illegal who drives wildly drunk, or the wanna-be gang-banger who needs to machete innocent citizens to gain entry and respect into the Latino or other gangs.” Center for Immigration Studies director Mark Krikorian has called GOP immigration reform supporters “useful idiots” and claimed that “Native-born Hispanic Americans, who make up most Hispanic voters, have a majority of the children that are born to them are illegitimate, very high rates of welfare use.”

As the GOP works to change their party’s image for Latino voters, they face a choice between standing with those on the far-right fringe such as Krikorian and Espinoza or standing with the bipartisan majority pushing for much-needed change.

PFAW

The Wall St. Journal's Bizarre Attack on Potential DC Circuit Nominations

The Journal calls Obama a "king" for planning to make nominations to fill D.C. Circuit judgeships as Congress has mandated.
PFAW

DOJ’s Seizure of AP Phone Records Affronts Constitutional Principles

This week, the Associated Press reported that the Department of Justice had seized two months of phone records for its editors and reporters without any prior notification to the news organization, thereby denying it the opportunity to negotiate or challenge the seizure in court.

While it's true that there are complicated issues at stake in balancing the right to privacy and First Amendment protections for the media against the government’s obligation to protect national security, the Attorney General’s office has in place its own guidelines on subpoenas of news media for evidence and testimony – guidelines that they apparently failed to follow in this case.  If true, the actions taken by the Department of Justice are beyond the pale of our Constitutional system. The right of all persons to feel secure that their privacy is protected is fundamental to our nation's character; we should pay special heed to that guarantee when it involves the freedom of the press, an essential bulwark of our democracy.

Any government requests for media records should be subject to automatic  judicial review, and whatever exceptions to that principle that may exist should be extraordinarily limited in scope. According to reports, neither was true in this instance.

In response to this revelation, the White House has appropriately reiterated its support for more robust shield laws to protect journalists from undue government intrusion. Even without those laws in place, the Department of Justice should have understood that its actions in this instance were a gross violation of important Constitutional principles.

 

PFAW

New Nominees Highlight Growing Diversity on the Courts

One of President Obama’s most important long-term achievements has been his concerted effort to bring qualified judicial nominees from a wide variety of backgrounds to the federal bench. 42 percent of President Obama’s confirmed judicial nominees have been women, compared with just 22 percent of those nominated by the second President Bush and 29 percent of those nominated President Clinton. Likewise, 46 percent of his confirmed nominees have been people of color, a dramatic change from the previous administration, in which 82 percent of federal judicial nominees were white. And President Obama has nominated more openly gay people to federal judgeships than all of his predecessors combined. (All of these numbers are available in this pdf from our friends at Alliance For Justice).

The four new judicial nominations that the White House announced last night are perfect examples of this effort to make the courts better reflect the people they serve. One, Judge Carolyn B. McHugh, who has been nominated to the Tenth Circuit Court of Appeals, would be the first woman to sit on a federal appeals court in Utah. Pamela L. Reeves, nominated to the Eastern District of Tennessee, and Elizabeth A. Wolford, nominated to the Western District of New York, would be the first women to serve in their respective districts. And Debra M. Brown, nominated to the Northern District of Mississippi, would be the first African-American federal judge in her district and the first African-American woman to serve as an Article III judge in Mississippi.

Another important type of diversity among federal judges – one where there has been some progress but where there is still room for improvement – is diversity of professional background. Judges who have worked as public interest or legal aid attorneys bring a perspective to the bench that is different from that brought by prosecutors and litigators representing corporate clients. One example of this professional diversity is Iowa’s Jane Kelly, who was recently confirmed to the Eight Circuit Court of Appeals with unanimous bipartisan support from the Senate. An Associated Press profile yesterday explained the important perspective that Kelly will bring to the federal bench  from her experience as a federal public defender:

The 48-year-old attorney has spent her career as a public defender representing low-income criminal defendants, a rarity in the ranks of appeals court judges who are often former prosecutors and trial judges. She'll become just the second woman in the 122-year history of the 8th U.S. Circuit Court of Appeals, which handles cases in seven states from Arkansas to the Dakotas.

Associates say she is a smart legal thinker who has zealously defended the rights of even the most publicly despised clients, including a notorious mailbox bombing suspect and the biggest white-collar criminal in Iowa history. Even prosecutors who disagreed with her in court praise Kelly, who will take the oath of office privately.

"Her story is compelling all the way around," said Debra Fitzpatrick of the University of Minnesota-based Infinity Project, which advocates for more women on the 8th Circuit. "Her credentials and her background and her career sort of set her up to be the right candidate at the right time."

A long-distance runner, Kelly's life almost ended when she went for a morning jog on the Cedar River Trail in June 2004. She was tackled and beaten by a male stranger, then dragged to a creek and left for dead. Passersby found Kelly in a pool of blood, in and out of consciousness and struggling to call for help. Speculation swirled that the attack was linked to Kelly's legal work, but no one ever was arrested.

Kelly quickly returned to representing criminal defendants after spending months in recovery. Her colleagues gave her the John Adams Award, which recognizes an Iowa lawyer's commitment to the constitutional right to criminal defense. And hundreds gathered one year later for a "Take Back the Trail" event, where Kelly jogged there again for the first time.

Kelly grew up in Newcastle, Ind., and graduated from Duke University in 1987. She earned a Fulbright scholarship to study in New Zealand before enrolling at Harvard, where she and Obama were acquaintances but not friends. She clerked for U.S. District Judge Donald Porter in South Dakota and then for Hansen.

She taught one year at University of Illinois law school before returning to Iowa as one of the first hires for the new public defender's office. She's been a fixture ever since, often representing "not the most popular person in the room," as she put it in her confirmation hearing, including drug dealers, pornographers and con artists.

Other pending nominees with public defender experience include Michael McShane (Oregon), Luis Felipe Restrepo (Pennsylvania), Jeffrey Schmehl (Pennsylvania), Rosemary Márquez (Arizona), and William Thomas (Florida).

PFAW

GOP Obstruction of Judicial Nominees Continues

Republicans have yet to allow votes on all the judicial nominees who were left pending on the floor at the end of the previous Congress.
PFAW

Judicial Nominees Move Forward as GOP Obstruction Talking Points Fall Apart

The Senate Judiciary Committee yesterday approved the nomination of Sri Srinivasan to sit on the powerful Court of Appeals for the D.C. Circuit. There are currently four vacancies on the D.C. Circuit – and Senate Republicans have prevented President Obama from filling a single one.

The Senate GOP has been unusually cooperative with Srinivasan’s nomination, but have signaled that they will not be so friendly to future nominees to the court. Judiciary Committee ranking member Chuck Grassley is actually trying to permanently lower the number of judgeships on the court to prevent President Obama from reversing its far-right, anti-consumer, anti-worker tilt.

The Senate yesterday also confirmed William Orrick to serve on the District Court for the Northern District of California, a seat that had been officially designated a “judicial emergency” because of its overworked courts. The confirmation vote came a full eight months after Orrick was first approved with bipartisan support in the Senate Judiciary Committee.

In a Senate floor speech Wednesday, Sen. Elizabeth Warren of Massachusetts discussed the Senate GOP’s extraordinary obstruction of federal judicial nominees, noting the high level of officially-designated “judicial emergencies,” which has risen by 30  percent since the beginning of the year.

The Founders of our Republic gave to the President the task of nominating individuals to serve and gave us the responsibility to advise on and consent to these appointments. For more than 200 years this process has worked. 

Presidents over the years have nominated thousands of qualified men and women who were willing to serve in key executive branch positions.

The Senate has considered nominations in a timely fashion and taken up-or-down votes. Of course, there have been bumps along the way, but we have never seen anything like this. Time and again, Members of this body have resorted to procedural technicalities and flatout obstructionism to block qualified nominees.

At the moment, there are 85 judicial vacancies in the U.S. courts, some of which are classified as ``judicial emergencies.'' That is more than double the number of judicial vacancies at the comparable point during President George W. Bush's second term. Yet right now there are 10 nominees awaiting a vote in the Senate, and they have not gotten one.

Senate Republicans like to blame the judicial vacancy crisis on President Obama, whom they say has not been quick enough to nominate judges. Sen. John Cornyn of Texas ran into the fallacy of this talking point last week, when he was called out for blaming the president for Texas vacancies that Cornyn himself was responsible for. 

The president continued his steady pace of federal judicial nominations last night,  nominating four women to federal judgeships in Utah, Tennessee, New York and Mississippi. 

UPDATE: The White House points out in a blog post today that President Obama has now nominated more district court judges than had President Bush at this point in his presidency.

PFAW

PFAW Members Join Thousands to Make Minnesota the 12th State with Marriage Equality

Photo credit: City of Minneapolis Facebook

Thousands of Minnesotans streamed into St. Paul Tuesday afternoon to witness history in the making.  Governor Mark Dayton welcomed an estimated crowd of 7,000 equality supporters to watch him sign marriage equality legislation into law, making Minnesota the twelfth state to legalize marriage for same-sex couples.

People For members helped make this historic event happen.  In 2012 PFAW activists joined the fight to vote down an anti-gay ‘one-man, one-woman’ measure on the November ballot.  Following that first step, they continued working hard, joining PFAW ally organizations Minnesotans United and OutFront Minnesota in organizing their neighbors, making phone calls, sending emails, and writing letters to their newspapers, demanding full marriage equality for same-sex couples.

In late April, even a massive Midwestern blizzard didn’t stop hundreds from waving rainbow flags while rallying for same-sex marriage on the steps of the Minnesota State Capitol before heading inside to lobby their legislators.  Last week the big moment finally arrived, as activists from across Minnesota trekked to St. Paul to witness the historic debate of HF 1054 in the MN House.  After a contentious three-hour debate, the bill passed easily on a vote of 75-59, evidence of the measure’s broad bi-partisan support.

On Monday the action moved to the Minnesota Senate chamber.  Once again, PFAW members in their bright red PFAW ‘Equality Now!’ t-shirts joined thousands of marriage equality supporters at noon in the capitol as the MN Senate took up the measure.  A massive crowd packing the rotunda and hallways chanted ‘Vote Yes!’ and sang protest songs, letting Senators know where they stood.  By a vote of 42-45, the Senate voted down a divisive amendment that would have allowed business owners to refuse goods and services to same-sex couples based on religious objections.  The hours-long but respectful debate on the intact same-sex marriage bill resulted in another bipartisan vote; the measure passing 37-30, sending the bill to Gov. Mark Dayton for his signature.

At 5:00 pm yesterday Gov. Dayton and supportive members of the Minnesota Legislature gathered in the 90-degree heat on the front steps to celebrate the historic bill signing.  A deafening roar rose from the crowd as Dayton signed the bill into law.  Following the ceremony, the thousands of equality revelers paraded to downtown St. Paul for a free party thrown by St. Paul Mayor Chris Coleman. The celebration lasted late into the warm spring night. 

PFAW congratulates all Minnesotans and our People For members in celebrating the state’s newly-minted status as the twelfth marriage equality state!
 

 

 

PFAW

The Real IRS Problem: Citizens United

Americans of all political stripes should be outraged at the recent revelation that the Tea Party was unfairly targeted by the IRS before last year's election. The IRS should never base its decisions on political preferences or ideological code words, regardless of what bureaucratic challenges it may face. But the lesson that the right is drawing from the IRS's misdeeds -- the lesson that threatens to dominate the public conversation about the news -- is wrong.

We're seeing a knee-jerk reaction, particularly from the Tea Party and their allies in Congress, that is threatening to turn the IRS's mistakes into an indictment of "big government" writ large. Some are already trying to tie the scandal to the Right's favorite target, Obamacare, and to the Benghazi conspiracy theory.

The danger of this frame is that it will discourage the IRS from fully investigating all nonprofit groups spending money to influence elections. And it will distract from the core problem behind the IRS's mess: the post-Citizens United explosion of undisclosed electoral spending.

Before the Supreme Court's decision in Citizens United, only a limited number of nonprofit 501c(4) groups could spend money to influence elections -- those who did not take contributions from corporations or unions. But Citizens United lifted restrictions on corporate spending in elections, setting the stage for individuals and companies to funnel unlimited money through all corporations, including c(4)s and super PACs in an effort to help elect the candidates of their choice. Spending by c(4)s has exploded since Citizens United, since the decision allowed any c(4) nonprofit corporation that didn't spend the majority of its money on electoral work to run ads and campaign for and against candidates. And c(4)s, as long as they follow this rule, don't have to disclose their donors under the laws currently in place.

The IRS, then, was forced to play a new and critical role in policing this onslaught of electoral spending. IRS officials clearly made poor choices in how to confront this sudden sea change and those mistakes should be investigated and properly addressed. But strong oversight of this new wave of spending remains critically important and clearlywithin the IRS's purview.

If we let understandable concerns about bad decisions by the IRS lead to weakening of campaign finance oversight, our democracy will be the worse off for it. Instead, we should insist that the government strengthen its oversight of electoral spending -- equally across the political spectrum. We should pass strong disclosure laws that cover all political spenders, including c(4)s. And we should redouble our efforts to overturn Citizens United by constitutional amendment and reel back the flood of corporate money that led the IRS to be in this business in the first place.

This post originally appeared in theHuffington Post.

PFAW

Rallying for Marriage Equality in Minnesota

Yesterday, as the Minnesota Senate voted 37-30 to allow same-sex marriages in the state, PFAW and friends expressed their support for marriage equality through signs, chants, and songs:

 

PFAW

The D.C. Circuit and the 'Transformation of the First Amendment'

Garrett Epps writes today in The Atlantic about how the D.C. Circuit Court of Appeals, still dominated by far-right George W. Bush nominees, has been instrumental  in “the long, doleful transformation of the First Amendment from an individual right of conscience into a shield against business regulation.”

He focuses on the latest example of right-wing D.C. Circuit judges twisting the Constitution to favor corporations over workers and consumers:

We've read of the violence done to the National Labor Relations Board by the D.C. Circuit's December decision in Noel Canning v. NLRB. Having read that opinion repeatedly, I believe it does violence to the Constitution as well. The D.C. Circuit last year voided a Food and Drug Administration regulation requiring graphic warning labels on cigarette labels as a violation of tobacco companies' "free speech" rights -- to me, another grave misstep. And I feel the same way about the Circuit's decision this week in National Association of Manufacturers v. NLRB. In this case, three Republican nominees held that the First Amendment's right against "compelled speech" protects employers against an NLRB regulation requiring them to post a government poster notifying workers of their rights. The decision is another step on the long, doleful transformation of the First Amendment from an individual right of conscience into a shield against business regulation.

We posted an infographic yesterday that shows just how ideologically skewed the D.C. Circuit is. George W. Bush made a concerted effort to pack the court with judges who shared his right-wing ideology (including John Roberts, who went on to be one of the top two most pro-corporate Supreme Court Justices in the past 65 years). In contrast, President Obama is the first president since Woodrow Wilson to not place a single judge on the court during his full first term.

 

PFAW

Cornyn Blames Obama For Gridlock Cornyn Created

The Huffington Post clips this exchange from yesterday’s meeting of the Senate Judiciary Committee meeting yesterday, which pretty much encapsulates the gridlock that Republicans have inflicted on the Senate during the Obama administration:

 

 

HuffPost’s Jennifer Bendery summarizes the exchange between Texas Republican John Cornyn and Democrats on the Judiciary Committee:

During a Senate Judiciary Committee hearing, Cornyn was arguing for more immigration judge slots in Texas when he got called out by Sen. Sheldon Whitehouse (D-R.I.) for gumming up the district court nomination process. Immigration judges are different from district court judges, but Whitehouse questioned why the Senate should add more immigration judgeships in Texas if Cornyn isn't trying to fill empty district court slots there.

"I don't see why you need additional judges when there have been multiple vacancies that have been left without nominees for years," Whitehouse said. "I have an issue with that."

Cornyn said his answer to that was "simple:" It's Obama's fault.

"The president's got to nominate somebody before the Senate can act on it," Cornyn said.

But the process for approving a new district court judge, per longstanding tradition, begins with a senator making recommendations from his or her state to the president. The president then works with that senator to get at least some of the nominees confirmed -- the idea being that those senators, regardless of party, are motivated to advocate for nominees from their states. The White House may look at other nominees on its own, but typically won't move forward without input from home state senators.

That's when Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) stepped in to remind Cornyn what he already knows: that if he wants to see movement on district court nominees, he needs to make recommendations to the president.

"Based on 38 years experience here, every judgeship I've seen come through this committee during that time has followed recommendations by the senators from the state," Leahy said. "You have to have recommendations from the senators, especially since I've been chairman, because ... as the senator from Texas knows, if senators have cooperated with the White House and the White House sends somebody they disagree with ... I have not brought the person forward, even when it's been importune to do so by the White House."

Cruz tried to absolve himself of the matter altogether, saying he just got to the Senate in January.

In short, Cornyn was blaming President Obama for gridlock that Cornyn himself has created. In fact, Texas has eight current federal judicial vacancies, one dating back as far as 2008.  All  are on courts so overworked that they have been labeled “judicial emergencies.” Thanks to Cornyn and Cruz, not one of those vacancies has a nominee.

And in July, one more vacancy will open up in a district court seat based in Fort Worth. When it comes open, Fort Worth will be reduced to just one active federal judge for the first time in over two decades.

PFAW