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Pending Judicial Nominations Pile Up

Republicans resist lame duck confirmations that have been made necessary by their own obstruction.
PFAW

Still No Explanation From Grassley on Judiciary Committee Delays

This morning, the Senate Judiciary Committee approved five nominees to serve on federal district courts in New York, California and Florida and on the US Court of International Trade. A week ago, Iowa Republican Sen. Chuck Grassley postponed votes on all five nominations without giving a reason, a delaying tactic that he has used on 97 percent of President Obama’s judicial nominees who the committee has voted on.

Sen. Grassley did not explain the reason for the delay last week, when a coalition of Iowa and national groups urged him to stop such routine delays. And the reason remained unclear today, as all five nominees were approved without opposition.

These five nominees now join fifteen other federal judicial nominees awaiting confirmation votes from the full Senate. The Senate has made progress by scheduling confirmation votes on four unopposed district court nominees in the past week, but that small amount of progress isn’t nearly enough to fill the gaps in overworked federal courts. Seven of the nominees still waiting for votes would fill officially-designated “judicial emergencies.”

It would be easy, of course, for the Senate to hold votes on all of the remaining nominees before the end of the year. After all, most were approved by the Judiciary Committee many months ago. But Senate Republicans have continued to stall even nominees with strong bipartisan support. All the circuit court nominees waiting for votes have the support of their home-state senators, Republican and Democratic, and nearly all of the pending district court nominees were approved by the Judiciary Committee with unanimous or nearly unanimous bipartisan support. One circuit court nominee, New Jersey’s Patty Shwartz, has been waiting nine months just for an up-or-down vote from the Senate; Federal Circuit nominee Richard Taranto has also been waiting since March.

If the Senate fails to vote on these nominees during the lame duck, the confirmation process – from presidential nomination through floor vote – will have to start all over again next year.

Notable about the district court nominees approved by the Judiciary Committee today is that all are women or people of color, representative of President Obama’s efforts to bring diversity to the federal courts. The nominees also include New York’s Pamela Chen, who would become just the fifth openly gay person to be confirmed to a lifetime federal judgeship.

PFAW

More Dissembling from Chuck Grassley

Sen. Grassley again offers a blizzard of misleading statistics to hide his party's obstruction of President Obama's judicial nominees.
PFAW

Far-Right Leaders Still Condemning "Intrinsically Disordered" Gays and Lesbians While The Rest of the Country Moves Forward

It has been hard to keep up with all of the historic wins for marriage equality in the past few months. Three states passed ballot measures in support of marriage equality, and one rejected a state constitutional amendment banning it. A new CBS News Poll found – consistent with other recent national polls – that a majority of Americans support same-sex marriage. The Supreme Court could announce any day whether it will hear cases related to the Defense of Marriage Act and California’s Proposition 8. It is not hard to see that the tide is turning in our country.

But some people, it seems, are still not getting the memo.

Case in point: Mission America leader Linda Harvey. PFAW’s Right Wing Watch tuned in to Harvey’s daily radio show today and reported on her tired – but disturbing – opinions about what she views as “unnatural” behavior. “Homosexual marriage is wrong because two men together or two women is intrinsically disordered,” Harvey said. “The behavior is unnatural.”

Not to be outdone, televangelist Pat Robertson also shared some homophobic remarks today as he weighed in on the news that two women were married in West Point’s Cadet Chapel. After proclaiming that General Douglas MacArthur, Ulysses S. Grant and Robert E. Lee must each be “rolling over in his grave,” he asked: “What have they done to our cherished institution?”

But I have a different question. With the country seeing progress for LGBT communities in cities and states across the country, and with more and more Americans supporting marriage equality, the real question is when these far-right leaders are going to realize that they are on the very wrong side of a losing battle.

PFAW

PFAW Supports President Obama’s Call for a Balanced Approach to Fiscal Plan

President Barack Obama posed an important question to families across the country yesterday: what does $2,000 mean to you?

In a speech on extending tax cuts for the middle class as the fiscal deadlines approach, President Obama emphasized the importance of this tax measure for everyday Americans:

 

“If Congress does nothing, every family in America will see their taxes automatically go up at the beginning of next year…A typical middle class family of four would see its income taxes go up by $2,200. $2,200 out of people’s pockets. That means less money for buying groceries, less money for filling prescriptions, less money for buying diapers. It means a tougher choice between paying the rent and paying tuition. And middle class families just can’t afford that right now.”

 

He made the case that extending tax cuts for the middle class would give families peace of mind and give those in Washington more time to work out a comprehensive fiscal plan “in a balanced way – including asking the wealthiest Americans to pay a little more so we can still invest in things like education and training in science and research.”

Earlier this month, People For the American Way – as well as PFAW’s African American Ministers in Action and People for the American Way Foundation’s Young Elected Officials and Young People For programs – joined more than 100 other organizations in calling for a budget agreement that prioritizes job creation, saving the safety net, stopping sequestration, and adding new revenue from corporations and the wealthiest earners.

Americans agree with this approach. A Washington Post-ABC poll released yesterday found that the majority (60%) of Americans support increasing taxes on the wealthy and that 67% oppose raising the age for Medicare coverage. As families across the country know, the solution to our fiscal problems cannot come from putting efficient systems like Medicare and Medicaid on the chopping block so that we can extend tax breaks for the richest Americans.

Beyond being bad for families, it’s bad for our national economy. As the Congressional Research Service found this fall, lower tax rates for the wealthy do not spur economic growth. Instead, as President Obama said today, “let’s approach this problem with the middle class in mind” – and make sure Congress isn’t taking money out of our national investments in health and education to pay for tax cuts for the wealthy.

 

PFAW

Grassley's Non-Response on Judicial Nominations

Chuck Grassley issues a misleading response to complaints about his obstruction of resident Obama's judicial nominees.
PFAW

PFAW Joins Allies at Conference to Fight Money in Politics

Super PACs and corporate lobbyists, beware.

Earlier this month, organizations from around the country working to fight back against the influence of big money on our democracy gathered to share ideas and make plans for action. The conference, associated with the Money Out/Voters In Coalition – of which People For the American Way is a leading member – provided a forum to discuss Constitutional and legislative solutions to the growing problem of corporate influence in politics. As AlterNet’s Steven Rosenfeld described it:


“Last Saturday in Los Angeles saw the most detailed, ambitious and encouraging discussion of exactly how to approach campaign finance and lobbying reform that I’ve seen in two decades of reporting on the decline of American democracy.”


Conference-goers grounded their discussions in the notion that corporations should not have the same constitutional rights as people to spend money to influence elections. They noted that constitutional and other remedies are needed to prevent powerful and wealthy special interests from undermining our democracy.

And national polls have consistently found that Americans want solutions. Earlier this year, the Brennan Center for Justice found that three in four Americans “believe limiting how much corporations, unions, and individuals can donate to Super PACs would curb corruption.” Another recent poll found that nine Americans out of ten agree that there is too much corporate money in politics.

As People For the American Way’s Marge Baker put it:



“This is happening because the people want it to happen.”


It is clear that Americans realize we have a problem on our hands. And as movement leaders come together, float plans, and debate proposals, it is also clear that those who care about repairing our democracy will continue to fight back against corporate influence in politics until we as a country have enacted viable solutions.

 

PFAW

Congressional Hispanic Caucus Supports LGBT-Inclusive Immigration Reform

CHC says that it will “protec[t] the unity and sanctity of the family, including the families of bi-national, same-sex couples, by reducing the family backlogs and keeping spouses, parents, and children together.”
PFAW

GOP Bad Faith on the Pace of Confirmations

Since a bipartisan agreement on judges ended in May, the rate of confirmations that Republicans have consented to has plummeted.
PFAW

Florida Federal Judge: We Need More Judges!

One of the district's vacancies could have been filled many months ago, if only Republicans would stop their blanket obstruction.
PFAW

This is How Judicial Nominations are Supposed to Work

President Obama will end his second term with more vacancies on the federal courts than there were when he started. Today there are 99 vacancies on the federal circuit and district courts, 33 of which are for courts that are so busy that they’ve been officially designated “judicial emergencies.” This glut of vacancies is in large part due to Senate Republicans’ persistent obstruction of the president’s nominees – even the ones from their own states who they purportedly support. During President Obama’s first term, judicial nominees have had to wait on average three times as long after committee approval for a vote from the full Senate as did nominees in President George W. Bush’s first term.

But some vacancies are due to a less well-known but all too common delay at the very start of the nominations process.

Before he makes a nomination to the federal judiciary, President Obama asks senators from the state where the vacancy has occurred to present him with recommendations. It’s a way to identify nominees from any given state and to ensure home-state, often bipartisan, support for nominees. The problem is, senators from both parties have too often dragged their feet in recommending acceptable nominees, leading to often years-long vacancies in the federal courts.

These vacancies exist despite the fact that most federal judges give months, sometimes even a full year of notice before retiring or taking senior status (semi-retirement) so that a replacement can be found.

This week, senators from Colorado and New Mexico showed how the process is meant to work – and how it would work, if all senators followed their lead.

In Colorado, district court judge Wiley Daniel announced last winter that he would be leaving his seat in January 2013. Colorado senators Mark Udall and Michael Bennet set up a bipartisan commission to find qualified nominees for the seat in a timely manner. They then recommended a set of finalists to the White House, which in turn nominated Raymond P. Moore on Tuesday, before the seat he would fill becomes vacant. Of the 18 future vacancies currently listed by the Administrative Office of U.S. Courts, Colorado is one of only two states with a nominee.

In New Mexico, Judge Bruce Black announced in June that he would be leaving the court in October, just a few short months. So New Mexico’s senators, Tom Udall and Jeff Bingaman, announced their bipartisan commission that very day, leading to the president’s nomination yesterday of Kenneth John Gonzales to fill the vacancy.

There is no excuse for seats on the federal courts to be left open for years, as caseloads multiply and litigants face delays. The senators from Colorado and New Mexico showed how the front end of the judicial nominations process can be efficient and fair.

PFAW

A First Swing at Fixing the Broken Election System

If you were casting a ballot in South Carolina last Tuesday, your wait to vote may have been four hours. In Florida, it might have been seven. If you were voting in Hawaii, you may have gone to one of the nineteen polling places that ran out of paper ballots. President Barack Obama noted in his victory speech that many Americans waited in long lines and, as he stated, “we have to fix that.”

Just nine days after Election Day, Senator Chris Coons (D-Del.) has taken a first swing at that fix. Coons proposed a bill yesterday that would reform many of the country’s election procedures. His proposed legislation, the Louis L. Redding Fair, Accurate, Secure and Timely (FAST) Voting Act of 2012, would provide federal grants to states that make voting faster and more accessible. The bill includes provisions for same-day registration, early voting, and reducing how long voters must wait at poorly-performing voting facilities.

As Sen. Coons noted in a statement: “Long lines are a form of voter disenfranchisement, a polling place running out of ballots is a form of voter suppression, and making it harder for citizens to vote is a violation of voters’ civil rights.” And these problems at the polls tend to disproportionately affect African American and Latino voters.

The Washington Post points out that it is less a matter of fixing a voting system but more an issue of fixing thousands of voting systems. They note that with Congress, states, and local officials all playing roles, there is no single entity that oversees voting in the country. This may complicate the process of developing solutions.

Nevertheless, it is welcome news that national leaders are focusing on this issue. It was inspiring to see millions of Americans willing to spend hour after hour on line to vote, many of them likely knowing that the lines were an intentional result of plans to prevent them from voting. Every single voter on Election Day should be confident that their ballot will be cast in a timely manner and that their voice will be heard. Anything less is undemocratic -- and unacceptable.

PFAW

Is That Bryan Fischer or Mitt Romney?

Earlier this week, PFAW’s Right Wing Watch caught this rant by American Family spokesman and all-purpose bigot Bryan Fischer, who declared on his radio program that American Latinos voted Democratic in record numbers this year because “they want big government goodies.”

 Hispanics are not Democrats, don’t vote Democrat, because of immigration. That’s not the main reason why they vote for Democrats. It doesn’t have anything to do with lax immigration policy. It has to do with the fact that they are socialists by nature. They come from Mexico, which is a socialist country. They want big government intervention. They want big government goodies. It’s primarily about that.

Now, they want open borders, make no mistake, because they’ve got family and friends that they want to come up and be able to benefit from the plunder of the wealth of the United States just as they have been willing to do. Republicans can pander all they want to Hispanics, to immigrants, and it will not work. There is no way on Earth you’re going to get them to leave the Democratic party, it’s one reason we’ve got to clamp down on immigration.

Fischer’s racist diatribe echoes generations of right-wing innuendo about “handouts” for minorities. It also, as it happens, lines up pretty closely with the worldview of 2012 Republican presidential nominee Mitt Romney. In a call with donors today, Romney blamed his presidential loss on the “gifts” President Obama offered to African Americans, Latinos, women and young people. What “gifts” did he mean? Universal health care, contraception coverage, college loans and the DREAM Act.

The New York Times reported on the call:

A week after losing the presidential election to President Obama, Mitt Romney blamed his overwhelming electoral loss on what he said were big “gifts” that the president had bestowed on loyal Democratic constituencies — including young voters, African-Americans and Hispanics.

In a conference call on Wednesday afternoon with his national finance committee, Mr. Romney said that the president had followed the “old playbook” of wooing specific interest groups — “especially the African-American community, the Hispanic community and young people,” Mr. Romney explained — with targeted gifts and initiatives.

“In each case they were very generous in what they gave to those groups,” Mr. Romney said.

“With regards to the young people, for instance, a forgiveness of college loan interest, was a big gift,” he said. “Free contraceptives were very big with young college-aged women. And then, finally, Obamacare also made a difference for them, because as you know, anybody now 26 years of age and younger was now going to be part of their parents’ plan, and that was a big gift to young people. They turned out in large numbers, a larger share in this election even than in 2008.”

….

“You can imagine for somebody making $25,000 or $30,000 or $35,000 a year, being told you’re now going to get free health care, particularly if you don’t have it, getting free health care worth, what, $10,000 per family, in perpetuity, I mean, this is huge,” he said. “Likewise with Hispanic voters, free health care was a big plus. But in addition with regards to Hispanic voters, the amnesty for children of illegals, the so-called Dream Act kids, was a huge plus for that voting group.”

Sure, Bryan Fischer is more willing than Mitt Romney to say outright racist things. But the content of what they’re saying is pretty much the same. Bill O’Reilly put it even more clearly when he opined that “traditional America” was being lost to people of color who “want stuff.”

I have to guess this is not going to be the way for Republicans to win back non-white voters, women and young people, all of whom have been fleeing their party in droves.

PFAW

President Obama Continues to Diversify the Federal Bench

Yesterday's slate of judicial nominations makes clear that President Obama's commitment to a diverse federal bench will continue into his second term.
PFAW

Lame Duck - Time to Confirm All the Pending Nominees

Don't believe the latest Republican spin to justify their obstruction of judicial nominations even during the lame duck session.
PFAW

Election Is Mandate for Policies Grounded in Progressive American Values

The American people have made their choice -- a resounding victory for President Obama and Vice President Biden and a mandate for their policy agenda.
PFAW

A Critical Victory in Montana

The defender of Montana's campaign finance laws will now become that state's governor.
PFAW