This morning, the Supreme Court heard the oral arguments of Arizona v. United States, a case that will examine key provisions of Arizona’s infamous and draconian immigration law, SB 1070. If implemented, the law, colloquially known as the ‘show me your papers bill,’ would lead to the unjust targeting of Arizonans through racial profiling and increased jail sentencing.
Because of SB 1070’s blatant assault on civil liberties, much of the nation was shocked by its passage. The United States challenged it in court, arguing that the state was unconstitutionally encroaching on the federal government’s responsibility for immigration law. Four sections of the bill were blocked by U.S. District Judge Susan Bolton of Phoenix on July 28, 2010. The 9th Circuit Court of Appeals in San Francisco upheld Bolton’s ruling, and after Arizona appealed that decision, the case arrived at the Supreme Court, which has chosen to address yet another politically polarizing issue in this critical election year. Although the threat to the basic rights of people – both citizens and immigrants – is the subject of significant concern, the legal issue before the Supreme Court today addresses whether Arizona’s effort to make life so miserable for immigrants that they leave the state is preempted by federal law.
Below is an analysis of the legislation that People For the American Way published when participating in a statewide boycott of Arizona following the passage of the legislation nearly two years ago.
Question: How does the Arizona law, S.B. 1070, expand racial profiling? Isn't it focused only on migrant workers?
Answer: Under current law, state-local police are authorized to enforce federal immigration laws only in limited circumstances. Even so, law enforcement in Arizona and across the country already is challenged by substantial evidence of wrongful arrests, racial profiling, and discrimination. The new law would dramatically expand the problem. Specifically, the new law:
• Increases the scope of those enforcing immigration laws from a few police departments, or units within departments, to every single law enforcement officer in the entire state.
• Expands the population at risk of being stopped, arrested, and detained from a limited number – those targeted by bona fide immigration enforcement operations, or those already in police custody – to everyone who comes into contact with a law enforcement officer who has a "reasonable suspicion" someone may be undocumented.
• Virtually guarantees that Latinos and other minorities will be asked to provide proof of legal residency, and be subject to arrest and detention if they cannot do so, at far higher rates than non-minorities. Research on racial profiling shows that, not only do minority drivers experience more traffic stops than non-minority drivers, once stopped, minorities are subject to higher rates of searches, arrests, and formal charges than similarly-situated non-minority drivers.
• Provides powerful incentives for wrongful arrests, racial profiling, and other abuse by creating a private right of action against any agency that fails to uphold the new law's provisions, while at the same time indemnifying police officers from litigation brought by those who are wrongfully detained or racially profiled.
Demonstrations in support of the U.S. Justice Department took place this morning, and PFAW staff were able to attend in solidarity.
End Note: Another controversial aspect of SB 1070 is the role that ALEC, the American Legislative Exchange Council, played in adopting the bill as model legislation and pushing it in states across the country. For an analysis of the ALEC connection and SB 1070, please read our report on ALEC in Arizona released in November 2011, “ALEC IN ARIZONA: The Voice of Corporate Special Interests in the Halls of Arizona's Legislature” and the Center for Media and Democracy’s blog post on the issue.
In early April, after she went to cast her ballot in Washington, DC, NBC Latino contributor Alicia Menendez found out that someone else had also tried to cast a ballot in her name. The perpetrator was an ally of right-wing activist James O’Keefe, who has been traveling the country trying to trick Americans into thinking widespread voter identity fraud exists by committing it himself.
Menendez writes that the attempted fraud felt like a personal “violation.” But she’s not buying O’Keefe’s scare tactics:
So why are O’Keefe & company pushing a solution in search of a problem? In 2008, a wave of inspired first-time voters flocked to the polls. That level of participation and infusion of enthusiasm is good for our democracy, regardless of how those Americans vote. But some people couldn’t abide the candidates the voters chose, and so they are trying desperately to keep a similar surge of new voters from voting this year.
O’Keefe and the people who fund groups like his want to stop people who traditionally vote against their candidates, almost all Republicans, from voting at all. To do that, they are trying to re-raise the barriers to voting that we tore down in the civil rights era. They are trying to scare us into believing that there is a massive wave of “voter fraud” sweeping the country. I will not be scared into believing their myths and neither should you.
There is something honest here though: they honestly do not understand why more people don’t try to commit voter fraud. That’s because voter suppression fraud — the kind where you keep people who don’t vote your way from voting at all — has been a standard part of their playbook for years.
For more on the “voter fraud” fraud, see People For the American Way’s report, The Right to Vote Under Attack: The Campaign to Keep Millions of Americans from the Ballot Box.
Recent polling indicates the vast majority of Americans believe that corporations and special interests have too much sway in our elections – a whopping 85 % of voters said that corporations have too much influence over the political system, and 93% said that average citizens have too little. Across all parties, a full 62% specifically oppose Citizens United, the deeply flawed 2010 Supreme Court Decision that opened the floodgates to massive corporate and special interest spending in our elections.
This deep disapproval is manifest in the growing grassroots movement taking hold across the country fighting for a constitutional amendment to overturn that decision. While there’s a long way to go, the people represented in these polls are making their voice heard, and our elected officials are taking action.
The 89 members of Congress who have endorsed one of the 13 federal resolutions to overturn Citizens United introduced thus far during the 112th Congress are acting on this sentiment. These proposed amendments are diverse, and are reflective of the robust and serious debate Americans are having across the country on what constitutional approach would best solve the problem. In addition, as significant is the groundswell of support at the local and state level that far transcends this total. To name just a few, the City Councils of New York City, NY, Oakland, CA, Los Angeles, CA, Albany, NY, Missoula, MT, and Boulder, CO have all adopted their own resolutions, as have the legislatures of states like Hawaii, New Mexico and Vermont (and in Maryland, where the state Constitution does not permit the passage of non-binding resolutions, a majority of legislators in both houses have signed a letter calling for a constitutional amendment). When given the chance to vote directly, the citizens of 64 towns across the state of Vermont have passed ballot measures supporting a constitutional amendment.
So far, 91 million Americans are represented by public officials who have declared their support for a constitutional amendment to overturn Citizens United. 24 Senators, representing 75 million constituents, have sponsored or cosponsored a version of an amendment. Across the Capitol, 65 members of the House of Representatives, representing an additional 16 million people.
Progress is being made, but there’s still more work to do to fill these maps with dark shades of yellow and green. But this is a “movement moment” – and with the ever-increasing support of public officials, advocacy organizations and citizen activists, it can be done.
The Senate Judiciary Committee yesterday approved the nomination of Maine attorney William Kayatta Jr. to sit on the 1st Circuit Court of Appeals. Only two committee members voted against allowing Kayatta a vote from the full Senate: Utah’s Mike Lee, who is still protesting all Obama nominees, and Alabama Sen. Jeff Sessions, who gave the following reason, according to the Portland Press Herald:
In a statement on his opposition to Kayatta's nomination, Sessions cited Kayatta's role as lead evaluator for the American Bar Association's Standing Committee on the Federal Judiciary during the nomination of U.S. Supreme Court Justice Elena Kagan.
Sessions said Kayatta saw fit to give Kagen the highest rating despite her lack of substantial courtroom and trial experience, as a lawyer or trial judge. Sessions said the rating was "not only unsupported by the record, but, in my opinion, the product of political bias."
Yes, that’s right. Kayatta was involved in the American Bar Association’s nonpartisan rating process, which dared to call the solicitor general and former Harvard Law School dean “well qualified” for the job of Supreme Court Justice.
Sessions, one of the most outspoken opponents of Kagan’s Supreme Court nomination frequently slammed her lack of judicial experience in her confirmation hearings two years ago. He seemed to conveniently forget that the late conservative icon Chief Justice William Rehnquist also came to the High Court without having previously served as a judge – as have over one third of all Justices in U.S. history. The American Bar Association similarly found Rehnquist qualified for the job and called him “one of the best persons available for appointment to the Supreme Court [pdf].
It would be funny if it weren’t so appalling: Sessions’ grudge against Kagan runs so deep that he not only objected to her nomination, he’s objecting to anyone who who’s dared to call her qualified for her job.
People For the American Way launched a major new campaign today highlighting what a Mitt Romney presidency would mean for America’s courts. Romney has signaled that he’s ready to draw the Supreme Court and lower federal courts even farther to the right. And no signal has been clearer than his choice of former Judge Robert Bork to lead his campaign advisory committee on the courts and the Constitution.
In 1987, PFAW led the effort to keep Judge Bork off the Supreme Court. Ultimately, a bipartisan majority of the U.S. Senate recognized his extremism and rejected his nomination.
Last night, PFAW’s Jamie Raskin went on The Last Word with Lawrence O’Donnell to discuss PFAW’s campaign and what a Supreme Court picked by Mitt Romney and Robert Bork would look like:
Watch our full video, Don’t Let Romney Bork America:
To find out more about Judge Bork and what a Romney presidency would mean for America’s courts, visit www.RomneyCourt.com.
PFAW joined members of Congress, state and local officials, advocacy organizations and concerned citizens for a Capitol Hill summit to amplify the call for a constitutional amendment to overturn Citizens United, the 2010 Supreme Court decision that helped usher in unprecedented levels of corporate spending to influence our elections.
The speakers recounted the toll that Citizens United has taken on our democracy, as their colleagues must contend with the outsized influence that wealthy special interests hold over the political system, and how it is absolutely imperative for Congress to have the authority to regulate campaign contributions and require disclosure. While there are many approaches under consideration, it was clear to all that amending the Constitution is a necessary step to restore our democracy. So far, 13 constitutional amendments have been introduced in the current session.
It’s a long road to ratification, but there is a rapidly growing grassroots movement taking hold across the country to get this done. State Representatives and City Councilmen took to the podium to share their constituents’ enthusiasm for a constitutional amendment, and many states and cities across the country have already adopted resolutions calling for such an amendment.
The summit concluded with a call for public officials to sign the Declaration for Democracy, a simple statement of support for amending the Constitution “to protect the integrity of our elections and limit the corrosive influence of money in our democratic process.”
Here is a video and photos of the event.
PFAW’s Marge Baker opens the Summit as members of Congress, local and state officials and activists look on. “We the people means all the people, not just the powerful and privileged.”
PFAW’s Diallo Brooks introduces several local government officials as Representative Keith Ellison (D-MN) signs the Declaration for Democracy.
Maryland State Senator and PFAW Senior Fellow Jamie Raskin describes the Supreme Court’s flawed logic in the Citizens United decision. Quoting Justice White: “The state need not let its own creature [corporations] devour it.”
Rep. Keith Ellison watches as PFAW’s Marge Baker signs the Declaration.
The Declaration for Democracy: “I declare my support for amending the Constitution of the United States to restore the rights of the American people, undermined by Citizens United and related cases, to protect the integrity of our elections and limit the corrosive influence of money in our democratic process.”
Last month, Pennsylvania Gov. Tom Corbett offered a solution for women who were going to be forced by the government to undergo a completely unnecessary ultrasound against their wills: "You can't make anybody watch, okay? Because you just have to close your eyes." The governor's suggestion would be almost comical, if it weren't for the tragic fact that forcing women to watch was the whole point of the legislation Corbett supported.
But it seems that Corbett's suggestion doesn't just apply to women seeking abortions in the Keystone state. It is, in essence, what the GOP is telling to every woman turned off by the party's attacks on reproductive rights, equal pay and domestic violence protections: "You just have to close your eyes."
Mitt Romney's campaign is banking on the fact that voters of both genders are concerned about the economy in these uncertain times. Polls show that they're right. But just because you're concerned with the economy doesn't mean you ignore it when a group of people are systematically taking away your rights for their own short-term political gain.
Sadly, this is the new normal. The Tea Party's success has been based on this "just close your eyes" formula. Swept into power on a wave of economic dissatisfaction, Tea Party legislators in Washington and the states asked the country to "close its eyes" as it did everything but fix the economy. "Pay no attention while we roll back decades of progress everything else you care about. Just close your eyes while we bash immigrants, cut essential services, make it very hard to vote, and take away collective bargaining rights". Many minorities have been affected, particularly in the last two years, but arguably and amazingly, no group has been under attack more than the American majority--women.
A new report from People For the American Way investigates the new landscape that the Tea Party is creating for American women. Mississippi is set to become the only state in the country without a legal abortion clinic. Texas is on the path to denying reproductive health care to 130,000 low-income women. Wisconsin repealed its enforcement mechanism for equal pay lawsuits. Senate Republicans are fighting to stop the reauthorization of the Violence Against Women Act. Following an all-male panel speaking on women's health, a woman who dares speak in front of Congress about the importance of affordable contraception is called a "slut."
Even with closed eyes, these things are very hard to miss. The Romney campaign has attempted to distract voters from this train wreck of anti-woman policies by claiming that a second Obama administration will hurt women economically. Last week, they hammered hard on the claim that women have accounted for 92 percent of job losses under President Obama- a mangled statistic that ignores, among other factors, that many of those losses were the result of Republican-led layoffs of teachers and other government employees. Then they decided to accuse Democrats of waging a "War on Moms" - forgetting, perhaps, the candidate's history of aggressively pushing low-income women to work outside of the home when their children are very young.
Women haven't bought it. In polls, Romney still trails Obama among women voters by double digits. And in an under-reported fact, among women ages 18 to 29, he's losing by an astounding 45 points. You don't need a political science degree that know that that spells disaster.
Mitt Romney and congressional Republicans seem to think they can get away with almost anything because, in the end, their Election Day hopes will be saved by a bad economy. The problem is, the people they attack on a regular basis - women, gays, Latinos, Muslims, you name it -know the Tea Party's record on the economy and its history of cynical, culture-war attacks that deeply affect the lives of real people. We have our eyes wide open.
In the week since the call went out for the corporations on ALEC’s Private Enterprise Board to disassociate from the organization, a whopping TEN companies have publicly announced that they will no longer bankroll the American Legislative Exchange Council’s extreme agenda.
These entities have bid ALEC adieu, and more are sure to follow:
PFAW and other advocacy organizations have launched a petition calling for the remaining companies to leave ALEC, putting increasing pressure on companies like State Farm and Johnson & Johnson to stop funding the organization responsible for so many attacks against workers, public education, the right to vote and so many other fundamental issues.
However, the member-corporations are only one part of the ALEC equation. Slowly but surely, ALEC-member state legislators are beginning to understand that ALEC’s toxic policies are not in the best interests of their constituents, and are backing out of the organization as well:
The American Legislative Exchange Council (ALEC) is not the innocuous, bipartisan organization it purports to be. Their agenda is radical and wrong for Missouri. I was a member and saw firsthand the sort of extreme legislation they push on state legislators around the country. I disagree with ALEC's extremist agenda and encourage my colleagues in the Missouri General Assembly to end their affiliations with the group. If ALEC is too extreme for Coke, Pepsi, McDonald's, Kraft, Wendy's, Intuit and the Gates Foundation, it's too extreme for me and the people of Missouri.
As a legislator, I value the input that non-partisan organizations contribute to various issues. However, I do not believe that the American Legislative Exchange Council is a non-partisan organization. Due to the legislation that ALEC has been involved in forming and promoting, I will not be renewing my membership. I value and listen to all opinions, but ALEC's agenda has become harmful to my constituents, and the people of the State of Texas.
There’s much more work to be done, but the ALEC house of cards is beginning to crumble.
Greetings from on-the-ground as we count down to the recall elections in Wisconsin!
PFAW prepared to re-launch our ground efforts here this week, with PFAW’s Randy Borntrager and Sergio Lopez stopping in to help Scott Foval, who is starting as the new PFAW Wisconsin Coordinator. They visited the state’s Government Accountability Board on Tuesday, the deadline for the filing of recall candidate signature petitions: photos are posted on PFAW Wisconsin's newly-updated
There are now four Democratic candidates vying to challenge Scott Walker for Governor, and the Republicans have a surprise challenger who has filed to run against him as well. Wisconsin Republicans are running "fake Democrats" against the six Democratic incumbents who are also up for recall, which We Are Wisconsin says may constitute election fraud.
Meanwhile, right-wing darling Wisconsin Lt. Gov. Rebecca Kleefisch decided to go ahead and speak before the CPAC Chicago event, even though she might be recalled 3 days before she is scheduled to appear.
News broke this morning in Roll Call that U.S. Senator Ron Johnson is just about to purge his DC legislative staff, possibly half his office, in order to move to a messaging strategy instead of writing good legislation for Wisconsinites. Senate Minority Leader Mitch McConnell has tapped Johnson to become the messaging liaison between the Senate Republican Caucus and apparent GOP Presidential nominee Willard Mitt Romney.
BREAKING: Today Wisconsin Democrats have revealed evidence of what they say is proof that WI Gov. Scott Walker held sole hiring and promotion responsibility for the accused felons on his staff in the John Doe investigation.
Looking ahead to next week, WeAreWisconsin.org is sponsoring Equal Pay Day events on Tuesday, April 17th, encouraging supporters to tell Terry Moulton and Jeff Fitzgerald to stop The GOP's War On Working Women now!
The People For the American Way political team was in full effect this week as we had the pleasure to go to Wisconsin and meet our new Wisconsin PFAW coordinator, Scott Foval. Wisconsin is ground zero for progressives to push back on right-wing attacks on workers and the entire progressive agenda. Scott has a long history in progressive politics and has been on many campaigns around the country, going back to the Iowa Coordinated Campaign / Bonnie Campbell for Governor Campaign in 1994. We welcome him to the PFAW team in such a crucial year. He’ll be working with We Are Wisconsin and our activists in Wisconsin. Be sure to say hi and help the effort if you are in, or visiting, Wisconsin!
So, Mitt Romney’s campaign has a new idea, which is that they will neutralize the media devastation caused by the GOP’s attacks on women by turning things around and accusing President Obama of waging a “War on Women.” So far, the one piece of evidence Romney’s team has been able to hustle up to back up their new claim is an out-of-context jobs number that Politifact has rated Mostly False.
Asked to explain their new tagline in more detail today, Romney’s advisers were at a loss.
In the meantime, Romney shows no signs of abandoning any of the GOP’s anti-woman policies. The candidates advisors told a reporter that they weren’t sure if their boss supports the Lilly Ledbetter Fair Pay Act, a landmark law – signed by President Obama – that ensures that women can sue for pay discrimination. Ledbetter fired back, saying, “If he is truly concerned about women in this economy, he wouldn’t have to take time to ‘think’ about whether he supports the Lilly Ledbetter Fair Pay Act.”
Romney has done a 180 on reproductive rights, supporting extreme “personhood” measures and calling the Obama administration rule making sure women have insurance coverage for contraceptives an “attack on religious conscience, religious freedom.” When a firestorm erupted over Rush Limbaugh’s false and degrading attacks on Georgetown law student Sandra Fluke, Romney simply said Limbaugh’s sexist slurs were “not the language I would have used.”
And of course Romney tapped Robert Bork, a vociferous opponent of feminism and reproductive rights, to head his advisory team on courts and the law.
If Romney wants to convince American voters that his opponent is the one waging a War on Women, he’s going to have an uphill battle.