Over the weekend, Republicans and right-wing activists gathered for a rally in Oshkosh, WI. The Oshkosh Northwestern filmed the event, and our friends at We Are Wisconsin PAC clipped some highlights (below).
The rally seems to have consisted of right-wing politicians spewing one distortion after another about the Walker administration’s policies and their opponents’ intentions. The interviews with the audience members unfortunately show a typical “tea party” misunderstanding of the issues, and that Republicans’ talking points about collective bargaining and teachers’ health benefits have taken root with at least the party’s avid supporters.
Some of the highlights included in the video above show U.S. Senate candidate Eric Hovde angrily railing against public unions (and completely rewriting the history of Scott Walker’s union busting in the process), a downright bizarre song-and-dance number mocking the protests against the Walker administration’s anti-middle class policies and Lt. Gov. Rebecca Kleefisch noting the national importance of the recall elections. (Kleefisch begins 1:54 into the video.)
You can support PFAW’s Recall the Right campaign to send Wisconsin Gov. Scott Walker and his right-wing cronies packing on June 5 here >>
Thanks to Citizens United, corporations have been spending unprecedented sums for political purposes. Short of a constitutional amendment to overturn that flawed decision, good government advocates are pressing a variety of strategies to minimize the undue influence corporations currently hold over our electoral system.
Requiring disclosure of corporate political expenditures is one powerful way to return some of the balance of influence to the American people. Activists are pressing for the passage of the DISCLOSE Act and the Shareholder Protection Act, and also submitted a record-setting action to the Securities and Exchange Commission calling for a rule requiring publicly-traded companies to disclose their political spending.
This week, the Corporate Reform Coalition is taking this call to the true owners of public corporations: the shareholders. This coalition of organizations, which includes People For the American Way, Public Citizen and others, is supporting first-time “political spending” resolutions and helping to organize rallies at the annual shareholder meetings of 3M and Bank of America, which are taking place this week, and also at Target Corporation, which will meet on June 14th.
The message is simple: Leave democracy to the people. Corporations should stop spending money on influencing our elections and focus on what they were created to do: make a profit for their shareholders. And if these corporations refuse to cease using their vast treasuries for political purposes, they at least should disclose their activities so that shareholders can make informed decisions.
These reforms speak to many Americans because so many people are shareholders. If you’ve ever bought a stock, had a 401(k) account or a pension, then you’re a shareholder – and it is your money might be spent on a candidate, cause or attack ad you don’t support, without your knowledge. We all have a right to know if our money is being spent to influence our democracy, and we should have the power to say no.
North Carolina voters today are casting their ballots on Amendment One, an extreme measure that would write discrimination into the state’s consitution and potentially take away important protections for all unmarried couples, gay and straight.
The amendment states that “marriage between one man and one woman is the only domestic union that shall be valid or recognized” in North Carolina. It would not only deal another blow to gay and lesbian couples in the state, who are already prohibited by law from marrying, but endangers protections for all unmarried couples, including domestic violence protections and health insurance coverage.
The Coalition to Protect North Carolina Families is running a handful of powerful ads showing Amendment One’s potential devastating impact. Here are a couple:
President Bill Clinton also recorded a robocall on behalf of the anti-Amendment One campaign. You can listen to it here.
In a summit at the White House yesterday with 150 grassroots and legal leaders from 27 states, Attorney General Eric Holder and White House Counsel Kathy Ruemmler stressed the importance of maintaining fair and effective federal courts, and criticized Senate Republicans for creating gridlock that has left one in ten federal court seats vacant.
Holder stressed President Obama’s effort to nominated qualified and diverse nominees to the federal courts. 46 percent of the president’s confirmed judicial nominees have been women and 37 percent have been people of color, more than under any other president in history. “Our people are diverse, they are qualified and they will serve the American people well in their time on the bench,” he said.
While President Obama has nominated dozens of highly qualified, diverse Americans to the federal bench, his nominees have met with unprecedented obstruction from Senate Republicans.
“Republican obstruction and these delays on the floor aren’t happenstance. They’re strategic and they’re having a devastating impact,” Ruemmler told attendees.
Ruemmler said that the conservative movement “understands the important role courts play in all of the issues we care deeply about as a country.”
Today’s summit was a sign that progressives are beginning to care deeply about the courts as well.
“This matters. This really matters,” Holder said. “This is a key legacy for any president. It’s one of the ways that a president’s success can be measured.”
Today, a few representatives from People For the American Way joined 150 Americans from 27 states at a White House summit to discuss the state of vacancies in the federal courts.
We’ll write more about the summit in later posts, but first, a summary of the problem. PFAW’s graphic designer, Nicole, put together this infographic showing how unprecedented obstruction of judicial nominees has created an unprecedented vacancy crisis in the federal courts, and slowed down President Obama’s effort to bring qualified, diverse judges to the federal bench:
(Click image for larger pdf version of the infographic.)
On Wednesday, PFAW president Michael Keegan sent the following message to PFAW members:
Scott Walker is truly the worst governor money can buy. In 2010, in the wake of the Supreme Court’s Citizens United v. FEC decision, Walker shattered state fundraising records in his campaign to be Wisconsin’s next governor. Now, faced with a recall election, he’s doing it again -- and then some.
It was reported this week that in the last three months, Scott Walker raised $13.1 MILLION to beat back his recall challenge. And that figure does not include the money being spent by right-wing Super PACs to support him and bash his opponents. To put this feat in perspective, Walker’s two leading Democratic challengers, Kathleen Falk and Tom Barrett -- currently locked in a primary in which they are spending resources against each other -- have raised $977,000 and $750,000 respectively.
Walker has milked his “golden boy” status among the ideological mega-funders of the right-wing movement. His aggressive attacks on workers’ rights, funding for important social programs and equal rights protections have made powerful corporate interests like Koch Industries and activists like Grover Norquist eager to host fundraisers for him around the country, from Oklahoma to New York. Amazingly, the Right continues to accuse our side of being fueled by “special interests” (as always, mischaracterizing “special interests” as people willing to stand up for their rights).
Many have called the Wisconsin recall election the second most important election battle of 2012 (second only to the presidential race), and it’s certainly shaping up to be the most emblematic of the crossroads at which America finds itself post-Citizens United. This recall battle is definitively one of Big Money vs. the People.
Mark Hanna, William McKinley’s right-wing millionaire campaign manager in 1896, famously said, “There are two things that matter in politics. The first is money and I can’t remember what the second one is.” We MUST prove him wrong in Wisconsin ... we must prove that People Power can win the day.
With the help of Hanna and the robber barons of the era, McKinley won his race with only 51% of the popular vote after outspending his Democratic opponent 23 to 1. It’s up to us to make sure 2012 is not a repeat of 1896.
We won’t be able to outspend them, but what we do have we will spend smarter to help turn out the people’s vote. With your help, we’ll outwork Walker and his billionaire allies and RECALL THE RIGHT in Wisconsin.
Thank you for standing with us in this fight. Please stay tuned for more important information about the Wisconsin recall elections and People For the American Way’s campaign the Recall the Right.
Michael Keegan, President
New Jersey Governor Chris Christie was in Wisconsin this week campaigning for Scott Walker and said, “For the next five weeks, America is going to find out the answer to what is more powerful, the people or the money and special interests from Washington, D.C. Wisconsin will answer that question."
Republicans are really going all in on the claim that the big money being spent in the recall election is coming from the Walker’s opponents. Jaw-dropping chutzpah considering Walker has already spent $20 million in his own defense, has another $25 million on hand and is being supported by outside groups with limitless funding from wealthy corporate interests. Meanwhile, the amount of money raised and spent both by the Democratic candidates and outside groups opposing Walker (including unions – the so-called ‘special interests’ to which Chris Christie was alluding) is hardly a fraction of Walker’s behemoth war chest. Oh, and for all the Republicans' handwringing about out of state money fueling the recall effort, it was reported a few days ago that two-thirds of Walker's money has come from outside of Wisconsin.
There's no question this race is a question of the grassroots versus big special interest money, but Scott Walker isn't the on the side of the grassroots.
The Equal Employment Opportunity Commission recently established that gender identity employment discrimination violates sex discrimination protections, thus allowing the complaint filed by Mia Macy to proceed.
The national media is focusing its gaze once again on Wisconsin, and this week it was all about the money. Monday, April 30th, was the filing deadline for pre-primary election fundraising totals. Wisconsin’s embattled Republican Governor Scott Walker turned in a filing that, on the surface, blew his Democratic rivals away, reporting $13 million in money raised during the January to April reporting period.
An in-depth analysis by The Huffington Post, however, revealed that approximately two-thirds of Walker’s money raised was donated by individuals and entities from outside Wisconsin. This draws a stark contrast to his nearest Democratic rivals filings, with Tom Barrett reporting $750,000 in donations in 25 days, and Kathleen Falk reporting $1 million. 99% of Barrett’s donations came from inside Wisconsin. Falk only had $25,862 in her account at the end of 2011.
News analysis also revealed that Walker transferred $60,000 to his legal defense fund during the pre-primary period, according to his campaign finance report. This revelation drew criticism from One Wisconsin Now and others, as it appeared to many Wisconsinites that Walker’s campaign is using nuances in Wisconsin GAB reporting requirements to avoid revealing who donated to the legal defense fund.
Mid-week, Marquette University released polling data that indicates the public’s perception of the Governor has not improved, despite his campaign spending $21 million dollars to bolster his image and fight against a recall from office. The situation left prominent pundits and reporters alike referring to his numbers as “almost freakishly fixed in place,” with rivals using grassroots support and a focus on issues to prepare for next Tuesday’s primary elections to take on the Governor for the recalls.
Looking forward, next Tuesday is Primary Day! Follow our Facebook page and Twitter feed for the latest information on where to find your polling place. Exercise your duty to Fight The Right and vote!
President Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act into law on October 28, 2009. Two and a half years later, its sexual orientation protections are being use for the first time.
Just how much has Citizens United altered the electoral landscape? While the overall amount of outside money in politics has risen dramatically with each passing election cycle, the Citizens United decision eliminated restrictions on corporate and special-interest spending to influence or elections. The result shows that the new rules have stacked the deck in favor of Republicans.
This chart from the Center for Responsive Politics shows how, while spending by outside groups has been on the rise since the 90’s, it was not until 2010 Supreme Court decision that conservatives saw a sudden, major advantage in outside-expenditure spending on their behalf:
Total Liberal vs. Conservative Outside Spending, Excluding Party Committees
As Ian Milllhiser at Think Progress notes, the much of the 2012 spending on Republican candidates went to intra-party contests during the primaries, though it will likely continue through the general election. But the overall trend is clear: As a result of the Citizens United, Republicans will continue to enjoy outsized spending on their behalf by corporations.
Until a constitutional amendment can overturn Citizens United, progressives around the country are working on various legislative workarounds to address the flood of corporate money being spent to influence our elections. While only a constitutional amendment can restore to the American people the authority to regulate such spending, there are several ways to compel companies to disclose their political spending to the public and bring much-needed accountability to corporations that use their vast treasuries to sway our elections.
The Securities and Exchange Commission (SEC) has the rulemaking authority to require corporations to disclose their political spending to their shareholders. This is significant because so many Americans are shareholders in one form or another: if you own a 401(k) or similar retirement account, you’re a type of shareholder; and the companies you invest with could be spending your money to support candidates or fund attack ads – all without your knowledge.
The American people have told the SEC to do its job. Yesterday, we broke the record for total number of comments submitted to the SEC on a particular rule: 178,000 Americans have written to the SEC, telling them to protect Americans from the undue influence of wealthy corporations and special interests. PFAW supporters contributed a sizeable chunk of about 24,000 signatures to the effort.
The Corporate Reform Coalition, a group of progressive organizations including PFAW, Common Cause, Public Citizens, U.S. Public Interest Research Group, the Coalition for Accountability in Political Spending and others has been pushing a consumer-driven campaign to ask corporations to refrain from engaging in political spending. We are also pursuing legislative solutions like the Shareholder Protection Act as well as other means to help shine light on the influence of corporate money in our democracy.
Last night, actor and PFAW board member Alec Baldwin appeared on The Last Word with Lawrence O’Donnell, where they discussed, as the host put it, “the number one reason to vote for president”: the United States Supreme Court.
Baldwin noted that the Supreme Court affects the daily lives of all Americans, and that the prospect of Mitt Romney making lifetimes appointments to that institution is nothing less than “scary,” especially with Robert Bork as his top judicial advisor.
“To most people, the court is an idea, they don’t realize the impact it has on our daily lives,” Baldwin said. But People For the American Way has been “drilling home the relevance of the court…this is the most abjectly politicized Supreme Court I’ve ever seen in my life,” he continued. Decisions like Bush v. Gore and Citizens United, he said, are “changing the nature of this country.”
Baldwin is helping to spread the word about RomneyCourt.com, where you can read “Borking America,” PFAW’s extensive report on Mitt Romney’s top judicial advisor – whose views are so extreme his own nomination was rejected by a bipartisan coalition more than 20 years ago.
Calls have been made for some time now for President Obama to officially support anti-bullying legislation. As of April 20, he stands strong behind the Student Non-Discrimination Act and the Safe Schools Improvement Act.
Mitt Romney is eager these days to change the subject from what the public sees as his party's "war on women." He seeks to close the huge gender gap that has opened up as women flee the party of Rick Santorum, Newt Gingrich and Rush Limbaugh in search of something a little less patriarchal and misogynistic.
But Romney's problems with America's women may be just beginning. He can distance himself from the theocratic musings of other Republicans and the macho bullying of Fox News talking heads, but he cannot run away from his own selection of former Judge Robert Bork, in August of last year, to become his principal advisor on the Supreme Court and the Constitution.
Bork hopes to wipe out not only the constitutional right to privacy, especially the right to contraception and to abortion, but decades of Equal Protection decisions handed down by what he calls a feminized Supreme Court deploying "sterile feminist logic" to guarantee equal treatment and inclusion of women. Bork is no casual chauvinist but rather a sworn enemy of feminism, a political force that he considers "totalitarian" and in which, he has concluded, "the extremists are the movement."
Romney may never have to elaborate his bizarrely muted reaction to Rush Limbaugh calling Sandra Fluke a "slut" and a "prostitute" ("it's not the language I would have used"), but he will definitely have to answer whether he agrees with his hand-picked constitutional advisor that feminism is "totalitarian"; that the Supreme Court, with two women Justices, had become "feminized" at the time of U.S. v. Virginia (1996) and produced a "feminization of the military"; and that gender-based discrimination by government should no longer trigger heightened scrutiny under the Equal Protection Clause.
Romney has already said that, "The key thing the president is going to do... it's going to be appointing Supreme Court and Justices throughout the judicial system." He has also said that he wishes Robert Bork "were already on the Court."
So look what Robert Bork thinks Romney's Supreme Court Justices should do about the rights of women.
Wiping Out Contraceptive, Abortion and Privacy Rights
Romney certainly hoped to leave behind the surprising controversy in the Republican primaries over access to contraception, but Robert Bork's extremist views on the subject guarantee that it stays hot. Bork rejects the line of decisions, beginning with Griswold v. Connecticut (1965), affirming the right of Americans to privacy in their procreative and reproductive choices. He denounces the Supreme Court's protection of both married couples' and individuals' right to contraception in Griswold and Eisenstaedt v. Baird (1972), declaring that such a right to privacy in matters of procreation was created "out of thin air." He calls the Ninth Amendment -- which states that the "enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people" -- an "inkblot" without meaning. For him, the right of people to decide about birth control has nothing to do with Due Process liberty or other rights "retained by the people" -- it is the illegitimate expression of "radical individualism" on the Supreme Court.
Bork detests Roe v. Wade (1973), a decision he says has "no constitutional foundation" and is based on "no constitutional reasoning." He would overturn it and empower states to prosecute women and doctors who violate criminal abortion laws. Bork promises:
Attempts to overturn Roe will continue as long as the Court adheres to it. And, just so long as the decision remains, the Court will be perceived, correctly, as political and will continue to be the target of demonstrations, marches, television advertisements, mass mailings, and the like. Roe, as the greatest example and symbol of the judicial usurpation of democratic prerogatives in this century, should be overturned. The Court's integrity requires that.
In other words, the Court's "integrity" would require a President Romney to impose an anti-Roe v. Wade litmus test on all nominations to the Court.
Ending Heightened Scrutiny of Government Sex Discrimination under Equal Protection
Bork is the leading voice in America assailing the Supreme Court for using "heightened" Equal Protection scrutiny to examine government sex discrimination under the Fourteenth Amendment. While women and men all over America cheered the Supreme Court's 7-1 decision in United States v. Virginia (1996), the decision that forced the Virginia Military Institute to stop discriminating and to admit its first women cadets, Bork attacked it for producing the "feminization of the military," which for him is a standard and cutting insult --"feminization" is always akin to degradation and dilution of standards. He writes: "Radical feminism, an increasingly powerful force across the full range of American institutions, overrode the Constitution in United States v. Virginia." Of course, in his view, this decision was no aberration: "VMI is only one example of a feminized Court transforming the Constitution," he wrote. Naturally, a "feminized Court" creates a "feminized military."
Bork argues that, outside of standard "rational basis" review, "the equal protection clause should be restricted to race and ethnicity because to go further would plunge the courts into making law without guidance from anything the ratifiers understood themselves to be doing." This rejection of gender as a protected form of classification ignores the fact that that the Fourteenth Amendment gives "equal protection" to all "persons." But, if Bork and his acolytes have their way, decades of Supreme Court decisions striking down gender-discriminatory laws under the Equal Protection Clause will be thrown into doubt as the Court comes to examine sex discrimination under the "rational basis" test, the most relaxed kind of scrutiny. Instead of asking whether government sex discrimination "substantially" advances an "important" government interest, the Court will ask simply whether it is "conceivably related" to some "rational purpose." Remarkably, Mitt Romney's key constitutional advisor wants to turn back the clock on Equal Protection jurisprudence by watering down the standards for reviewing sex-discriminatory laws.
Judge Bork Means Business: the Case of the Sterilized Women Employees
If you don't think Bork means all this, go back and look at his bleak record as a Judge on the U.S. Court of Appeals for the D.C. Circuit. Take just one Bork opinion that became a crucial point of discussion in the hearings over his failed 1987 Supreme Court nomination. In a 1984 case calledOil, Chemical and Atomic Workers International Union v. American Cyanamid Co., Bork found that the Occupational Safety and Health Act did not protect women at work in a manufacturing plant from a company policy that forced them to be sterilized -- or else lose their jobs -- because of high levels of lead in the air. The Secretary of Labor had decided that the Act's requirement that employers must provide workers "employment and a place of employment which are free from recognized hazards" meant that American Cynamid had to "fix the workplace" through industrial clean-up rather than "fix the employees" by sterilizing or removing all women workers of child-bearing age. But Bork strongly disagreed. He wrote an opinion for his colleagues apparently endorsing the view that other clean-up measures were not necessary or possible and that the sterilization policy was, in any event, a "realistic and clearly lawful" way to prevent harm to the women's fetuses. Because the company's "fetus protection policy" took place by virtue of sterilization in a hospital -- outside of the physical workplace -- the plain terms of the Act simply did not apply, according to Bork. Thus, as Public Citizen put it, "an employer may require its female workers to be sterilized in order to reduce employer liability for harm to the potential children."
Decisions like this are part of Bork's dark Social Darwinist view of America in which big corporations are always right and the law should rarely ever be interpreted to protect the rights of employees, especially women, in the workplace.
No matter how vigorously Mitt Romney shakes his Etch-a-Sketch, Americans already have an indelible picture of what a Romney-run presidency and Bork-run judiciary would look like and what it would mean for women. With Robert Bork calling the shots on the courts, a vote for Mitt Romney is plainly a vote against women's rights, women's equality and women's freedom.
The Wisconsin recall campaigns have heated up with the Spring weather, and both sides in the fight are pushing their big arguments and unleashing their cash reserves in an all-out battle for the hearts and minds of Wisconsin voters. With the Primaries for Governor, Lt. Governor, and recall Senate candidates rapidly approaching on May 8th, a measure of tit-for-tat claims and debunking is happening on radio and TV, with most of the Republican advertising money coming from interest groups.
Embattled Governor Scott Walker, in multiple TV, radio, and print interviews, made outrageous success claims over the last week, saying just about anything to save his hide. Just in the last 10 days alone, Walker compared himself to Abe Lincoln , denied gutting the Wisconsin Equal Pay Act and claimed his budget saved Wisconsin taxpayers $1 Billion since he's been in office.
As they tend to do, though, facts soon took the Governor's claims apart, using hard numbers to debunk his nonsensical overstatements. U.S. Bureau of Labor Statistics numbers released earlier this week nailed Walker on his jobs creation claim, with reporters across Wisconsin and the United States highlighting that Wisconsin was actually dead last in job creation in all categories. Walker's week didn't get any better when Illinois Governor Pat Quinn shot back at Walker for his derisive comments before the Illinois Chamber of Commerce and the Illinois Policy Institute about job creation, when he lambasted Walker with the facts about Illinois' incredible rebound from economic decline. Finally, Democratic women in Wisconsin took Governor Walker to task for his assertion that he didn't repeal Equal Pay in Wisconsin, filling in the blanks on the Governor's claims, and demanding he explain himself.
Wisconsin State Senators under threat of recall, along with Tea Party darling, Lt. Governor Rebecca Kleefisch who is also in danger of losing her seat, came under more scrutiny for their memberships in the American Legislative Exchange Council (ALEC), with some Senators claiming they are no longer members of the group. This comes in the wake of the announcement that ALEC is dissolving the key committee responsible for drafting legislation currently under the microscope as part of the Trayvon Martin killing in Florida. Wisconsin ALEC members, including Governor Walker, have pushed through concealed carry laws and castle defense laws similar to those enacted in Florida, Arizona, and many other states. People For The American Way is continuing to follow this story as part of its Wisconsin Fight The Right Campaign.
Looking forward to next week, financial filings for political candidates and officials in Wisconsin are due on April 30. People For The American Way will be paying special attention to whether these “former” ALEC members actually received money from the organization's donors recently. Our "Fight The Right" effort in Wisconsin will continue to roll-out, with new information posted daily on our Facebook page and Twitter feed. On Wisconsin!
I am a proud Latina and a proud supporter of LGBT rights.
The National Organization for Marriage seems to think I can’t be both.
In a 2009 strategy document that was made public last month, NOM outlines a “wedge” strategy to drive black and Latino Americans away from supporting gay rights. About Latinos, NOM writes, “Will the process of assimilation to the dominant Anglo culture lead Hispanics to abandon traditional family values? We can interrupt this process of assimilation by making support for marriage a key badge of Latino identity.”
There are many great values that can be put forward as “key badges of Latino identity.” Opposition to gay rights should not be one of them. In fact, if NOM wants to keep Latinos from embracing LGBT equality, they’re already falling behind. A poll late last year found that a majority of Latinos – like a majority of all Americans – support legal recognition of same-sex unions. Opposition to LGBT rights is no more a hallmark of Latino culture than it is of American culture as a whole.
This is the deep cynicism of NOM and other groups that devote themselves to stopping equality for gay and lesbian Americans. They will attempt to exploit and inflame existing prejudices and fears in order to reach the ends they desire. They forget that the people they attempt to exploit have our own thoughts, opinions and experiences. We have our own relationships with God. We have gay, lesbian, bisexual and transgender friends and family members. And we know when we’re being used. Nom should learn what Latinos live by, the words of the great Mexican President Benito Juarez, “Respecting the rights of others is Peace.”
NOM’s attempt to stir up mutual resentment between African Americans, Latinos and the gay community echoes some of the most destructive politics of our past. That they are resorting to this kind of dangerous and divisive tactic shows just how desperate the anti-gay movement has become.
NOM’s mistake is to think that our cultural identity is a definition of who we are not and whom we are against. But of course, our identities are definitions of who we are and what we love. Latinos across America are embracing equal rights for our gay and lesbian friends and family. Those of us who support LGBT equality haven’t abandoned our Latino identity. We’re embracing the values that define who we are as individuals, as Latinos and as Americans. Dolores Huerta is a member of the board of People For the American Way.
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.
The Supreme Court's 5-4 decision in Hobby Lobby says your boss's religion trumps your rights. We need to change the majority on the Supreme Court. But we can't do that if Republicans take over the Senate.