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

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

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

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

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

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

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

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

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

PFAW

Norman Lear: Why I'm a Man for Choice

Norman Lear

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

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

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

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

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

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

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

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

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

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

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

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

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

This post originally appeared on CNBC.

PFAW

A Baseless Attack Against Garland on ACA Cases

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

Meet President Obama's Supreme Court Nominee Merrick Garland

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

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

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

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

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

PFAW

PFAW Hosts Telebriefing on the President's Supreme Court Nominee

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

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

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

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

You can listen to the full telebriefing here:

PFAW

A Circuit Court Nominee for Mitch McConnell to Consider

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

GOP's Newest Defense of SCOTUS Obstruction Falls Apart

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

Some People Are Still Doing Their Job on Judges

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

Ron Johnson's Revisionist History

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

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

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

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

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

You can listen to the full telebriefing here:

PFAW

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

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

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

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

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

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

Read the full report here.

PFAW

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

PFAW

Will Grassley Quit as Judiciary Chair?

Here's what we'd see if Senate Republicans applied to themselves their professed rationale for refusing to consider any Supreme Court nominee by President Obama.
PFAW

Unlike Senate GOP, Obama Continues to Do His Job on Judges

The White House continues to make judicial nominations that Senate Republicans should responsibly consider and vote on.
PFAW

PFAW Kicks Off Emergency Campaign to Fill the Supreme Court's Vacancy

Senate Republicans took their partisan obstructionism to an unprecedented, wildly irresponsible level this month – they are flat out refusing to even consider any Supreme Court nominee put forth by President Obama. It’s a blatantly political move that the GOP is trying to justify with nonsense explanations, like “we’ve never confirmed a Supreme Court justice in an election year before” (false), and “the American people should have a say in the selection of the next justice” (they did, when they re-elected President Obama in 2012). As much as they might want to pretend otherwise, Republicans are refusing to do their jobs – and threatening to keep a seat on our nation’s highest court empty until 2017!

But we're not about to let them get away with it. That's why we've launched an emergency campaign to counter the GOP's blockade and fill the Supreme Court's vacancy. PFAW is uniquely qualified to lead this fight. Since the 1980s we've been the national leader in fighting the Right's efforts to pack the courts with extreme right-wing ideologues. And that's exactly what they're trying to do now, by keeping a vacancy on the Court for an entire year and playing politics with our federal judiciary. Republicans are shirking their constitutional responsibility to give fair consideration to a Supreme Court nominee and they must be held accountable. We have a long, tough road ahead of us, but we're not backing down, and we're so grateful to have PFAW members like you on board with us for this historic fight.

SCOTUS rally

Just hours after the death of Justice Antonin Scalia, Republicans made their intentions known: no fair consideration of any nominee put forward by President Obama. So we leapt into action that weekend, mobilizing supporters and activists for an impromptu rally outside of the Supreme Court that has already become the image of the movement, appearing in the New York Times, the Washington Post, the Economist, the Atlantic, and more. We also held a campaign kickoff telebriefing this month for PFAW members across the country, to discuss our strategy for pushing the GOP to back off their unprecedented obstructionism

We're also fighting back by turning up the pressure on Senate Republicans. We teamed up with partner organizations to deliver over 500,000 petition signatures calling for fair consideration of a nominee to Senator Majority Leader Mitch McConnell's Kentucky office. And this week we delivered one million signatures to the U.S. Senate! Americans want to see this Supreme Court vacancy filled, and we're making sure Republicans know that by refusing to consider a nominee, they're going against their constituents.

GOP senators’ refusal to even consider any Supreme Court nominee isn’t just a violation of their constitutional responsibility – it’s also not what their constituents want! Recent polls have shown that a majority of Americans support filling the Supreme Court vacancy, and for some Republican senators, the blockade is already hurting them with voters. We’re working to identify those Senators, and hit them where it hurts: with their constituents. In a robocall we released in Wisconsin this month, activists heard from Martin Sheen about Sen. Ron Johnson’s obstruction of President Obama’s nominee. Sheen asked Wisconsinites to call Sen. Johnson and tell him to put his constitutional duties first, and give fair consideration to whoever President Obama nominates. The robocalls received immediate media attention – exactly what Sen. Johnson doesn’t want. We’re strategizing similar actions for other states where Republican senators are facing tough re-election battles.

PFAW

Donald Trump Is Disrupting The Religious Right's Christian-America Dreams

This post originally appeared on the Huffington Post.

The closed-door meeting in Texas in December at which dozens of Religious Right leaders agreed to rally around Ted Cruz for president was in some ways a big payoff for years of work by Republican political operative David Lane. Lane believes America was founded by and for Christians and has a national mission to advance the Christian faith. He sees politics as spiritual warfare against the evil forces of secularism and “pagan” homosexuality. Lane has been building an “army” of conservative evangelical pastors to run for office and turn their churches into get-out-the-vote operations for Republican candidates.

Lane’s allies and funders played an essential role in putting together that secret endorsement meeting for Ted Cruz, which came after months of indications that Cruz, who has never met a Religious Right figure too extreme to embrace, was winning the“Christian-nation primary.” Shortly after that meeting, Cruz and his Religious Right fans gathered at a ranch owned by Farris Wilks, a fracking billionaire who, with his brother, gave $15 million to a pro-Cruz super PAC. The Wilks brothers are big fundersof Lane’s efforts and other far-right political causes. A separate, but affiliated, Cruz super PAC is being run by another Christian-nation activist, right-wing “historian”David Barton.

Lane believes that conservative evangelicals split their votes in the 2008 and 2012 Republican primaries and were stuck with nominees John McCain and Mitt Romney, vowing that this year would be different. Conservative evangelicals would be inspired into action by politically engaged pastors and would choose a presidential nominee who shared Lane’s Christian-nation vision. They would elect an evangelical president who would help lead the nation to spiritual and political renewal.

But 2016’s campaign is different in ways Lane could not have anticipated. In South Carolina, the divinely anointed Cruz campaign took third place, with Donald Trump sweeping the most heavily evangelical parts of the state and beating Cruz handily among evangelical voters.  Many of the state’s Republican leaders threw their support not to Cruz, but to Marco Rubio; chief among them was Gov. Nikki Haley, who hadhosted one of Lane’s political prayer rallies last summer. Trump won by an even bigger margin in the Nevada caucuses.

Shortly before the South Carolina primary, Cruz was in Spartanburg to meet privately with “hundreds of pastors and their wives” at a meeting sponsored by David Lane’s American Renewal Project. Cruz’s appearance was supplemented by a softballinterview with Lane’s “good friend” David Brody of the Christian Broadcasting Network. In that interview, Cruz made a version of his standard pitch for a presidential run based on turnout of evangelical Christians. Cruz told Brody,

"If we allow our leaders to be selected from non-believers we shouldn't be surprised when our leaders don't share our values. So what I'm working to do more than anything else is energize and empower the grassroots and do everything we can for Christians to stand up and vote biblical values.”

After the election, Brody acknowledged that Trump had beaten Cruz among the state’s evangelical voters. Brody’s explanation?

Evangelicals are upset with the Republican Party too. They’ve felt like cheap political pawns for years, constantly being used by the GOP to get out and vote and then having nothing to show for it. With Trump, many of those evangelicals feel like they’ve found the politically incorrect mouthpiece to channel their inner frustration. Is he the most righteous man to carry the torch? No. Is he the most transparent and authentic one? Clearly, they believe so.

Journalist Sarah Posner has written about the ways that Trump divides the Christian Right. Trump has been endorsed by Jerry Falwell, Jr. even though the candidate is “unabashedly ignorant of the biblical imperatives that form the foundation of evangelical culture and politics.” Trump’s support indicates that many evangelicals do not, in fact, share the culture-war priorities of the movement’s leaders, Posner suggests, adding that Trump is the candidate who most resembles a prosperity-gospel televangelist who portrays wealth as a sign of God’s favor. Says Posner, “Trump’s supporters -- both evangelical and not -- apparently are willing to believe that worshiping self-serving hype will somehow produce a miracle for them.”

Along similar lines, Russell Moore of the Southern Baptists’ Ethics and Religious Liberty Commission said in January that Ted Cruz was leading in the Jerry Falwell wing of the evangelical movement, Marco Rubio in the Billy Graham wing, and Trump in the Jimmy Swaggart wing.

In a recent article for In These Times, Theo Anderson also took a look at the “great puzzle” of evangelical Christians flocking to Trump, “the Republican candidate most out of step with evangelicals on social issues and the most tin-eared regarding religion.” Anderson concludes that Trump’s success reflects many evangelicals’ desire for an “anti-establishment” candidate as well as what he calls Trump’s performance of a prophetic style of politics practiced by conservative radio preachers who encourage their listeners to stand against the corruptions of the world: “Trump’s speeches and social media output are a stream of falsehoods that speak to the certainty - the ‘higher truth’ - that white Christians, and the nation they love, are being betrayed and targeted.”

Trump, for his part, has embraced the Religious Right’s claims that Christians in America are under “assault,” particularly from department stores and coffee chains that don’t show due reverence to Christmas, and that Muslims pose an existential threat to the country.

Trump’s success among evangelicals is maddening to some of Cruz’s backers. Glenn Beck, who believes God has called Cruz to save America from the abyss, had urged his viewers to fast on Cruz’s behalf before the Nevada caucuses. Beck says he fears that Trump is the embodiment of “The Bubba Effect,” in which a group of people are pushed over the edge into violence by an overbearing government. Beck says that only the election of Ted Cruz can save America from violent revolution, warning that the country will not be able to recover if it elects a socialist, authoritarian, or member of the status quo.

Speaking of authoritarians, political scientist Matthew MacWilliams wrote recently that the single most significant predictor of a voter’s support for Trump is their level of authoritarian inclinations, which suggests that support for Trump’s blustery strongman routine is detached to some degree from a voter’s ideological or theological leanings. That’s one reason Trump’s campaign frightens some conservatives who see Trump’s insistence that he’d be a fix-it strongman (to some commentators, a would-be Mussolini), as undermining conservatives’ political and intellectual campaign against a strong federal government.

Of course, Trump hasn’t rejected the Religious Right policy agenda. In fact he has fully embraced much of it, pledging to defund Planned Parenthood as long as the organization performs abortions. He has supported Senate Republicans’ vow not to consider any Obama Supreme Court nominee and vowed to nominate Supreme Court justices “as close to Scalia as you could find.” He has called the Supreme Court’s marriage equality ruling “shocking” and suggested Religious Right activists should trust him to put judges on the Court who would “unpass” that ruling and Roe v. Wade. Those kind of pledges may help Trump win conservative evangelical votes, or at least make evangelicals feel more comfortable voting for him in spite of a political and personal record that contravenes the values they say they hold dear.

The campaign for the GOP nomination isn’t over, but Religious Right leaders must be wondering how it is that their Chosen One has faltered and seems to be losing ground to the charlatan Trump. In fact, National Review reported on Wednesday that Religious Right leaders who rallied around Cruz are talking amongst themselves aboutabandoning him for Rubio if Cruz doesn’t do well on “Super Tuesday” next week.

If Trump is the nominee, many religious conservatives will vote for him because he is the Republican candidate. But it could be a bitter pill, one that some may not be able to swallow. In National Review’s seemingly ineffectual issue devoted to making a case against Trump as the Republican nominee, Russell Moore of the Southern Baptists’ Ethics and Religious Liberty Commission wrote:

Trump can win only in the sort of celebrity-focused mobocracy that Neil Postman warned us about years ago, in which sound moral judgments are displaced by a narcissistic pursuit of power combined with promises of “winning” for the masses. Social and religious conservatives have always seen this tendency as decadent and deviant. For them to view it any other way now would be for them to lose their soul.

But Trump continues to reach out to the conservative evangelical leaders. He headed to Pat Robertson’s Regent University on Wednesday, where Robertson told him, “you inspire us all,” and invited him to come back to Regent after the election as President Trump. And while Trump isn’t the candidate around whom many Religious Right leaders decided to coalesce, Christian-nation activist David Lane may harbor some hopes for a Trump candidacy. Last summer Lane said of Trump, “America is starving for moral, principled leadership. I hope that Donald Trump brings that.”

PFAW

The Extremists Behind the 2016 GOP Presidential Candidates

As People For the American Way (PFAW) Senior Researcher for Special Projects Miranda Blue explained on the most recent telebriefing for PFAW members, “In past years, we’ve seen extreme endorsers for Republican presidential candidates, but there was always a level of extremism that the candidates wouldn’t go past. This year, it’s completely different. Leading 2016 Republican presidential candidates have shared the stage with individuals who say that the government should kill gay people, embrace a Christian Nation ideology, and more.”

This unprecedented extremism was discussed during last Thursday’s telebriefing, and has been closely tracked by PFAW’s Right Wing Watch team.

Some of the most striking examples come from Ted Cruz. He spoke at a conference alongside far-right pastor Kevin Swanson, who believes that according to the Bible, our government should impose the death penalty on gay people. Troy Newman, who Cruz appointed to co-chair his anti-abortion committee, has argued that the government should execute abortion providers. And Cruz touted the endorsement of Mike Bickle, who says that Hitler was a “hunter” sent by God for the Jewish people. But don’t just take our word for it – watch this clip from the Rachel Maddow Show last month, which uses research from PFAW’s Right Wing Watch:

It’s not just Ted Cruz who’s courting extremists. Donald Trump, for example, has campaigned with the support of people like Sarah Palin and Ann Coulter. Coulter is not quite the household name that Palin is, but they’re two peas in a pod in their far-right extremism. Coulter said recently that Donald Trump’s call to ban all Muslims from entering the United States was her “best birthday gift ever!”

Far-right figures also exert undue influence in the 2016 election through campaign spending. Because of Citizens United, millionaires and billionaires are able to push a far-right agenda in the Republican Party through unlimited expenditures. As PFAW Senior Fellow Peter Montgomery discussed on the telebriefing, Farris and Dan Wilks are top donors to Ted Cruz’s super PACs. The Wilks brothers hold strongly anti-gay, anti-choice and anti-government views. Peter was quoted earlier this month in the Houston Chronicle discussing the Wilks brothers: "Their willingness to pour millions of dollars into the presidential race and to write enormous checks for Religious Right organizations give them the potential to make a huge and destructive impact on our politics.”

Marco Rubio, for his part, is bankrolled both personally and professionally by billionaire Norman Braman. Marco Rubio returned the favor to Braman when he was in the Florida state legislature; Rubio “has steered taxpayer funds to Mr. Braman’s favored causes, successfully pushing for an $80 million state grant to finance a genomics center at a private university and securing $5 million for cancer research at a Miami instate for which Mr. Braman is a major donor.”

As the 2016 election continues, we’re sure to see more of the far-right financing and supporting the leading 2016 candidates. Be sure to follow our coverage at www.rightwingwatch.org.

PFAW

No, Biden Didn't Call For Rejecting All Supreme Court Nominees In Election Years

Within hours of the death of Supreme Court Justice Antonin Scalia earlier this month, conservatives retroactively invented a bogus “tradition” that Supreme Court justices are never confirmed in presidential election years. That claim is demonstrably false, but conservatives are sticking with it in an attempt to justify their efforts to keep President Obama from naming the next Supreme Court justice.

Today, the pro-obstruction crowd thought it got a boost when a short clip of now-Vice President Joe Biden was unearthed from the depths of the C-SPAN archives. In the clip of the 1992 floor speech, Biden, who was then chairman of the Senate Judiciary Committee during what turned out to be the last year of George H.W. Bush’s presidency, urges the president to, in the event of a Supreme Court vacancy, “not name a nominee until after the November election is completed.”

Hypocrisy!

Well, not quite.

As ThinkProgress’ Igor Volsky and Biden himself have pointed out, when taken in context, that wasn't Biden's point. The then-senator made the remarks in the context of a long speech bemoaning the increased politicization of the confirmation process and, in Biden’s words, urging the White House and the Senate to “work together to overcome partisan differences to ensure the Court functions as the Founding Fathers intended.”

Secondly, even if you were to claim that Biden were offering some new rule for blocking Supreme Court nominations, that rule wouldn't cover the current situation.

Look at the timestamp on the video. Biden was speaking on June 25, 1992 about filling a vacancy if a justice “resigns tomorrow or within the next several weeks resigns at the end of the summer.” By June 25, the presidential primaries were over and Bill Clinton was the presumptive Democratic nominee. That’s a very different point in an election year than we are in today, when the vacancy opened so very early on in the presidential nominating contests and with the risk of a Supreme Court seat remaining open for more than a year, severely disrupting two consecutive terms.

If you go back to read the transcript of Biden’s remarks, he repeatedly states that he is concerned about vacancies that occur “in the summer or fall of a presidential election year” — not vacancies that occur as early in the year as Justice Scalia’s did. The last four Supreme Court confirmations took an average of 75 days from nomination to confirmation, meaning that if President Obama nominates anyone in the next month, they could be confirmed well before the period that Biden was supposedly arguing should be off-limits for Supreme Court nominations.

There is still no “tradition” of shutting down judicial nominations for the entire last year of a presidency or of leaving the Supreme Court short-handed for an entire year.

And, as Volsky notes, while Biden didn’t face a Supreme Court vacancy in 1992, his Judiciary Committee did continue approving Circuit Court nominees well through the summer and fall of the election year, a stark contrast to current Republican threats to shut down the judicial nominations process entirely this year:

 

 

PFAW

New Poll Shows Obstructionist Stance on Supreme Court Vacancy is Hurting Toomey and Portman With Voters

Note to senators in tough reelection battles: putting your Washington DC party bosses over the Constitution by standing in the way of filling the vacancy on the Supreme Court is not only the wrong thing to do for our country, it’s also making voters less likely to support you.

New Public Policy Polling surveys released today show that large majorities of voters in Pennsylvania and Ohio, where Senators Pat Toomey and Rob Portman are running for reelection, want the vacancy created by Justice Antonin Scalia’s death to be filled this year. According to the polling memo:

  • Strong majorities of voters – 58/35 in Ohio and 57/40 in Pennsylvania – think that the vacant seat on the Supreme Court should be filled this year. What’s particularly noteworthy about those numbers – and concerning for Portman and Toomey – is how emphatic the support for approving a replacement is among independent voters. In Ohio they think a new Justice should be named this year 70/24 and in Pennsylvania it’s 60/37.
  • …Voters are particularly angry about Senators taking the stance that they’re not going to approve anyone before even knowing who President Obama decides to put forward. By a 76/20 spread in Pennsylvania and a 74/18 one in Ohio, voters think the Senate should wait to see who is nominated to the Court before deciding whether or not to confirm that person. Toomey and Portman are out of line even with their own party base on that one – Republicans in Pennsylvania think 67/27 and in Ohio think 63/32 that the Senate should at least give President Obama’s choice a chance before deciding whether or not to confirm them. [emphasis added]

Perhaps most notable for the senators, more than half of voters (52 percent in both states) say they would be less likely to vote for Toomey or Portman if they “refused to confirm a replacement for Justice Scalia this year no matter who it was.” Among independents, the numbers were even higher.

Senators Toomey and Portman would be wise to take heed of their constituents, and of the Constitution, and stop refusing to even consider any Supreme Court nominee, regardless of his or her credentials. Any nominee must be treated fairly and honestly. The Supreme Court is far too important to be held hostage to the overtly political obstruction of GOP senators.

PFAW