In Los Angeles, California, a group of specialists in media, advertising and entertainment, joined by business people, lawyers, and civic activists have founded an organization that is running advertisements based solely on the need to amend the Constitution to fix our political campaign finance system. The group, Fix Our America, has begun the process of running the following advertisement on airwaves in California, and is seeking to run more ads in other media markets across the country:
These advertisements are boosting the amendment dialogue in California, a state that has witnessed much grassroots amendment activity yet is still in need of deep reform. Just days ago, Los Angeles voters approved Ballot Measure C, which called for a constitutional amendment to overturn Citizens United, with 77% of the vote; last year, the California state legislature passed an amendment resolution “to restore constitutional rights and fair elections to the people”; and since the Citizens United decision came down in January 2010, over 75 California municipalities have called on Congress and the states to pass and ratify an amendment to overturn Citizens United.
California does not stand alone. The amendment movement is well underway and gaining momentum in states across the country. Fix Our America is yet another example of the American people joining together in protest of the fundamental threat that corporate and special interest campaign spending poses to our democratic institutions. In the words of Fix Our America’s Declaration of Principles Statement, “Americans deserve the best. Instead, we have been saddled with a system that … leaves all of us at the mercy of those who buy legislation and policy to suit their narrow interests.” The time has come to fix that.
Amid Congressional hearings and an unending stream of pointed fingers, what is the real takeaway from the unfolding IRS mess? United Steelworkers President Leo Gerard has the answer, arguing that our country needs to rethink the role of corporate money in our elections by passing a Constitutional amendment overturning the Citizens United decision.
In an In These Times article Tuesday, Gerard called for such an amendment, writing that
“while every politician in Washington is cursing the carbuncle, hardly one has complained of the cancer killing the patient. Allowing unlimited, unaccounted-for corporate spending in elections is a malignancy threatening the life of the republic.”
PFAW President Michael Keegan has also spoken out about the danger of allowing the IRS misdeeds to be held up as an example of the perils of oversight writ large.
In a Huffington Post piece last week, he noted,
“The danger of this frame is that it will discourage the IRS from fully investigating all nonprofit groups spending money to influence elections. And it will distract from the core problem behind the IRS's mess: the post-Citizens United explosion of undisclosed electoral spending.”
As both writers remind us, the IRS should never base its work on the political leanings of applicant groups. But where our real focus should lie in this national dialogue is on how to strengthen transparency and accountability in all electoral spending.
Last night the Senate Judiciary Committee voted 13-5 to advance immigration legislation that creates a path to citizenship for millions of undocumented immigrants. It is expected to come to the Senate floor for debate in June.
As the bill moves forward, Republicans in Congress will have to make a choice between casting their lot with the majority of their party and country in supporting common-sense reform or with anti-immigrant extremists attempting to stand in the way of progress. As Right Wing Watch has documented, right-wing activists continue to push damaging, outrageous lies about immigrant communities. Maria Espinoza, director of a project linked to the nativist Numbers USA, proclaimed that “no one is immune to the illegal who drives wildly drunk, or the wanna-be gang-banger who needs to machete innocent citizens to gain entry and respect into the Latino or other gangs.” Center for Immigration Studies director Mark Krikorian has called GOP immigration reform supporters “useful idiots” and claimed that “Native-born Hispanic Americans, who make up most Hispanic voters, have a majority of the children that are born to them are illegitimate, very high rates of welfare use.”
As the GOP works to change their party’s image for Latino voters, they face a choice between standing with those on the far-right fringe such as Krikorian and Espinoza or standing with the bipartisan majority pushing for much-needed change.
This week, the Associated Press reported that the Department of Justice had seized two months of phone records for its editors and reporters without any prior notification to the news organization, thereby denying it the opportunity to negotiate or challenge the seizure in court.
While it's true that there are complicated issues at stake in balancing the right to privacy and First Amendment protections for the media against the government’s obligation to protect national security, the Attorney General’s office has in place its own guidelines on subpoenas of news media for evidence and testimony – guidelines that they apparently failed to follow in this case. If true, the actions taken by the Department of Justice are beyond the pale of our Constitutional system. The right of all persons to feel secure that their privacy is protected is fundamental to our nation's character; we should pay special heed to that guarantee when it involves the freedom of the press, an essential bulwark of our democracy.
Any government requests for media records should be subject to automatic judicial review, and whatever exceptions to that principle that may exist should be extraordinarily limited in scope. According to reports, neither was true in this instance.
In response to this revelation, the White House has appropriately reiterated its support for more robust shield laws to protect journalists from undue government intrusion. Even without those laws in place, the Department of Justice should have understood that its actions in this instance were a gross violation of important Constitutional principles.
One of President Obama’s most important long-term achievements has been his concerted effort to bring qualified judicial nominees from a wide variety of backgrounds to the federal bench. 42 percent of President Obama’s confirmed judicial nominees have been women, compared with just 22 percent of those nominated by the second President Bush and 29 percent of those nominated President Clinton. Likewise, 46 percent of his confirmed nominees have been people of color, a dramatic change from the previous administration, in which 82 percent of federal judicial nominees were white. And President Obama has nominated more openly gay people to federal judgeships than all of his predecessors combined. (All of these numbers are available in this pdf from our friends at Alliance For Justice).
The four new judicial nominations that the White House announced last night are perfect examples of this effort to make the courts better reflect the people they serve. One, Judge Carolyn B. McHugh, who has been nominated to the Tenth Circuit Court of Appeals, would be the first woman to sit on a federal appeals court in Utah. Pamela L. Reeves, nominated to the Eastern District of Tennessee, and Elizabeth A. Wolford, nominated to the Western District of New York, would be the first women to serve in their respective districts. And Debra M. Brown, nominated to the Northern District of Mississippi, would be the first African-American federal judge in her district and the first African-American woman to serve as an Article III judge in Mississippi.
Another important type of diversity among federal judges – one where there has been some progress but where there is still room for improvement – is diversity of professional background. Judges who have worked as public interest or legal aid attorneys bring a perspective to the bench that is different from that brought by prosecutors and litigators representing corporate clients. One example of this professional diversity is Iowa’s Jane Kelly, who was recently confirmed to the Eight Circuit Court of Appeals with unanimous bipartisan support from the Senate. An Associated Press profile yesterday explained the important perspective that Kelly will bring to the federal bench from her experience as a federal public defender:
The 48-year-old attorney has spent her career as a public defender representing low-income criminal defendants, a rarity in the ranks of appeals court judges who are often former prosecutors and trial judges. She'll become just the second woman in the 122-year history of the 8th U.S. Circuit Court of Appeals, which handles cases in seven states from Arkansas to the Dakotas.
Associates say she is a smart legal thinker who has zealously defended the rights of even the most publicly despised clients, including a notorious mailbox bombing suspect and the biggest white-collar criminal in Iowa history. Even prosecutors who disagreed with her in court praise Kelly, who will take the oath of office privately.
"Her story is compelling all the way around," said Debra Fitzpatrick of the University of Minnesota-based Infinity Project, which advocates for more women on the 8th Circuit. "Her credentials and her background and her career sort of set her up to be the right candidate at the right time."
A long-distance runner, Kelly's life almost ended when she went for a morning jog on the Cedar River Trail in June 2004. She was tackled and beaten by a male stranger, then dragged to a creek and left for dead. Passersby found Kelly in a pool of blood, in and out of consciousness and struggling to call for help. Speculation swirled that the attack was linked to Kelly's legal work, but no one ever was arrested.
Kelly quickly returned to representing criminal defendants after spending months in recovery. Her colleagues gave her the John Adams Award, which recognizes an Iowa lawyer's commitment to the constitutional right to criminal defense. And hundreds gathered one year later for a "Take Back the Trail" event, where Kelly jogged there again for the first time.
Kelly grew up in Newcastle, Ind., and graduated from Duke University in 1987. She earned a Fulbright scholarship to study in New Zealand before enrolling at Harvard, where she and Obama were acquaintances but not friends. She clerked for U.S. District Judge Donald Porter in South Dakota and then for Hansen.
She taught one year at University of Illinois law school before returning to Iowa as one of the first hires for the new public defender's office. She's been a fixture ever since, often representing "not the most popular person in the room," as she put it in her confirmation hearing, including drug dealers, pornographers and con artists.
Other pending nominees with public defender experience include Michael McShane (Oregon), Luis Felipe Restrepo (Pennsylvania), Jeffrey Schmehl (Pennsylvania), Rosemary Márquez (Arizona), and William Thomas (Florida).
The Senate Judiciary Committee yesterday approved the nomination of Sri Srinivasan to sit on the powerful Court of Appeals for the D.C. Circuit. There are currently four vacancies on the D.C. Circuit – and Senate Republicans have prevented President Obama from filling a single one.
The Senate GOP has been unusually cooperative with Srinivasan’s nomination, but have signaled that they will not be so friendly to future nominees to the court. Judiciary Committee ranking member Chuck Grassley is actually trying to permanently lower the number of judgeships on the court to prevent President Obama from reversing its far-right, anti-consumer, anti-worker tilt.
The Senate yesterday also confirmed William Orrick to serve on the District Court for the Northern District of California, a seat that had been officially designated a “judicial emergency” because of its overworked courts. The confirmation vote came a full eight months after Orrick was first approved with bipartisan support in the Senate Judiciary Committee.
In a Senate floor speech Wednesday, Sen. Elizabeth Warren of Massachusetts discussed the Senate GOP’s extraordinary obstruction of federal judicial nominees, noting the high level of officially-designated “judicial emergencies,” which has risen by 30 percent since the beginning of the year.
The Founders of our Republic gave to the President the task of nominating individuals to serve and gave us the responsibility to advise on and consent to these appointments. For more than 200 years this process has worked.
Presidents over the years have nominated thousands of qualified men and women who were willing to serve in key executive branch positions.
The Senate has considered nominations in a timely fashion and taken up-or-down votes. Of course, there have been bumps along the way, but we have never seen anything like this. Time and again, Members of this body have resorted to procedural technicalities and flatout obstructionism to block qualified nominees.
At the moment, there are 85 judicial vacancies in the U.S. courts, some of which are classified as ``judicial emergencies.'' That is more than double the number of judicial vacancies at the comparable point during President George W. Bush's second term. Yet right now there are 10 nominees awaiting a vote in the Senate, and they have not gotten one.
Senate Republicans like to blame the judicial vacancy crisis on President Obama, whom they say has not been quick enough to nominate judges. Sen. John Cornyn of Texas ran into the fallacy of this talking point last week, when he was called out for blaming the president for Texas vacancies that Cornyn himself was responsible for.
The president continued his steady pace of federal judicial nominations last night, nominating four women to federal judgeships in Utah, Tennessee, New York and Mississippi.
UPDATE: The White House points out in a blog post today that President Obama has now nominated more district court judges than had President Bush at this point in his presidency.
Photo credit: City of Minneapolis Facebook
Thousands of Minnesotans streamed into St. Paul Tuesday afternoon to witness history in the making. Governor Mark Dayton welcomed an estimated crowd of 7,000 equality supporters to watch him sign marriage equality legislation into law, making Minnesota the twelfth state to legalize marriage for same-sex couples.
People For members helped make this historic event happen. In 2012 PFAW activists joined the fight to vote down an anti-gay ‘one-man, one-woman’ measure on the November ballot. Following that first step, they continued working hard, joining PFAW ally organizations Minnesotans United and OutFront Minnesota in organizing their neighbors, making phone calls, sending emails, and writing letters to their newspapers, demanding full marriage equality for same-sex couples.
In late April, even a massive Midwestern blizzard didn’t stop hundreds from waving rainbow flags while rallying for same-sex marriage on the steps of the Minnesota State Capitol before heading inside to lobby their legislators. Last week the big moment finally arrived, as activists from across Minnesota trekked to St. Paul to witness the historic debate of HF 1054 in the MN House. After a contentious three-hour debate, the bill passed easily on a vote of 75-59, evidence of the measure’s broad bi-partisan support.
On Monday the action moved to the Minnesota Senate chamber. Once again, PFAW members in their bright red PFAW ‘Equality Now!’ t-shirts joined thousands of marriage equality supporters at noon in the capitol as the MN Senate took up the measure. A massive crowd packing the rotunda and hallways chanted ‘Vote Yes!’ and sang protest songs, letting Senators know where they stood. By a vote of 42-45, the Senate voted down a divisive amendment that would have allowed business owners to refuse goods and services to same-sex couples based on religious objections. The hours-long but respectful debate on the intact same-sex marriage bill resulted in another bipartisan vote; the measure passing 37-30, sending the bill to Gov. Mark Dayton for his signature.
At 5:00 pm yesterday Gov. Dayton and supportive members of the Minnesota Legislature gathered in the 90-degree heat on the front steps to celebrate the historic bill signing. A deafening roar rose from the crowd as Dayton signed the bill into law. Following the ceremony, the thousands of equality revelers paraded to downtown St. Paul for a free party thrown by St. Paul Mayor Chris Coleman. The celebration lasted late into the warm spring night.
PFAW congratulates all Minnesotans and our People For members in celebrating the state’s newly-minted status as the twelfth marriage equality state!
Americans of all political stripes should be outraged at the recent revelation that the Tea Party was unfairly targeted by the IRS before last year's election. The IRS should never base its decisions on political preferences or ideological code words, regardless of what bureaucratic challenges it may face. But the lesson that the right is drawing from the IRS's misdeeds -- the lesson that threatens to dominate the public conversation about the news -- is wrong.
We're seeing a knee-jerk reaction, particularly from the Tea Party and their allies in Congress, that is threatening to turn the IRS's mistakes into an indictment of "big government" writ large. Some are already trying to tie the scandal to the Right's favorite target, Obamacare, and to the Benghazi conspiracy theory.
The danger of this frame is that it will discourage the IRS from fully investigating all nonprofit groups spending money to influence elections. And it will distract from the core problem behind the IRS's mess: the post-Citizens United explosion of undisclosed electoral spending.
Before the Supreme Court's decision in Citizens United, only a limited number of nonprofit 501c(4) groups could spend money to influence elections -- those who did not take contributions from corporations or unions. But Citizens United lifted restrictions on corporate spending in elections, setting the stage for individuals and companies to funnel unlimited money through all corporations, including c(4)s and super PACs in an effort to help elect the candidates of their choice. Spending by c(4)s has exploded since Citizens United, since the decision allowed any c(4) nonprofit corporation that didn't spend the majority of its money on electoral work to run ads and campaign for and against candidates. And c(4)s, as long as they follow this rule, don't have to disclose their donors under the laws currently in place.
The IRS, then, was forced to play a new and critical role in policing this onslaught of electoral spending. IRS officials clearly made poor choices in how to confront this sudden sea change and those mistakes should be investigated and properly addressed. But strong oversight of this new wave of spending remains critically important and clearlywithin the IRS's purview.
If we let understandable concerns about bad decisions by the IRS lead to weakening of campaign finance oversight, our democracy will be the worse off for it. Instead, we should insist that the government strengthen its oversight of electoral spending -- equally across the political spectrum. We should pass strong disclosure laws that cover all political spenders, including c(4)s. And we should redouble our efforts to overturn Citizens United by constitutional amendment and reel back the flood of corporate money that led the IRS to be in this business in the first place.
Yesterday, as the Minnesota Senate voted 37-30 to allow same-sex marriages in the state, PFAW and friends expressed their support for marriage equality through signs, chants, and songs:
Garrett Epps writes today in The Atlantic about how the D.C. Circuit Court of Appeals, still dominated by far-right George W. Bush nominees, has been instrumental in “the long, doleful transformation of the First Amendment from an individual right of conscience into a shield against business regulation.”
We've read of the violence done to the National Labor Relations Board by the D.C. Circuit's December decision in Noel Canning v. NLRB. Having read that opinion repeatedly, I believe it does violence to the Constitution as well. The D.C. Circuit last year voided a Food and Drug Administration regulation requiring graphic warning labels on cigarette labels as a violation of tobacco companies' "free speech" rights -- to me, another grave misstep. And I feel the same way about the Circuit's decision this week in National Association of Manufacturers v. NLRB. In this case, three Republican nominees held that the First Amendment's right against "compelled speech" protects employers against an NLRB regulation requiring them to post a government poster notifying workers of their rights. The decision is another step on the long, doleful transformation of the First Amendment from an individual right of conscience into a shield against business regulation.
We posted an infographic yesterday that shows just how ideologically skewed the D.C. Circuit is. George W. Bush made a concerted effort to pack the court with judges who shared his right-wing ideology (including John Roberts, who went on to be one of the top two most pro-corporate Supreme Court Justices in the past 65 years). In contrast, President Obama is the first president since Woodrow Wilson to not place a single judge on the court during his full first term.
The Huffington Post clips this exchange from yesterday’s meeting of the Senate Judiciary Committee meeting yesterday, which pretty much encapsulates the gridlock that Republicans have inflicted on the Senate during the Obama administration:
HuffPost’s Jennifer Bendery summarizes the exchange between Texas Republican John Cornyn and Democrats on the Judiciary Committee:
During a Senate Judiciary Committee hearing, Cornyn was arguing for more immigration judge slots in Texas when he got called out by Sen. Sheldon Whitehouse (D-R.I.) for gumming up the district court nomination process. Immigration judges are different from district court judges, but Whitehouse questioned why the Senate should add more immigration judgeships in Texas if Cornyn isn't trying to fill empty district court slots there.
"I don't see why you need additional judges when there have been multiple vacancies that have been left without nominees for years," Whitehouse said. "I have an issue with that."
Cornyn said his answer to that was "simple:" It's Obama's fault.
"The president's got to nominate somebody before the Senate can act on it," Cornyn said.
But the process for approving a new district court judge, per longstanding tradition, begins with a senator making recommendations from his or her state to the president. The president then works with that senator to get at least some of the nominees confirmed -- the idea being that those senators, regardless of party, are motivated to advocate for nominees from their states. The White House may look at other nominees on its own, but typically won't move forward without input from home state senators.
That's when Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) stepped in to remind Cornyn what he already knows: that if he wants to see movement on district court nominees, he needs to make recommendations to the president.
"Based on 38 years experience here, every judgeship I've seen come through this committee during that time has followed recommendations by the senators from the state," Leahy said. "You have to have recommendations from the senators, especially since I've been chairman, because ... as the senator from Texas knows, if senators have cooperated with the White House and the White House sends somebody they disagree with ... I have not brought the person forward, even when it's been importune to do so by the White House."
Cruz tried to absolve himself of the matter altogether, saying he just got to the Senate in January.
In short, Cornyn was blaming President Obama for gridlock that Cornyn himself has created. In fact, Texas has eight current federal judicial vacancies, one dating back as far as 2008. All are on courts so overworked that they have been labeled “judicial emergencies.” Thanks to Cornyn and Cruz, not one of those vacancies has a nominee.
And in July, one more vacancy will open up in a district court seat based in Fort Worth. When it comes open, Fort Worth will be reduced to just one active federal judge for the first time in over two decades.
This afternoon the Minnesota House passed a bill allowing same-sex couples in Minnesota to marry. It is expected to be taken up by the Senate on Monday, and Gov. Mark Dayton has pledged to sign the legislation if it reaches him. If successful, Minnesota would be the twelfth state – and the third in one month – to pass marriage equality legislation.
“I personally want this to pass, but I also think it’s the right direction for Minnesota and where the future is headed,” said Minnesota House Speaker Paul Thissen on Tuesday, according to the Star Tribune.
Jake Loesch, communications director for Minnesotans United, shared a similar sentiment:
“Marriage is a simple freedom, it’s something that all Minnesotans deserve and it’s about the love, the commitment, the responsibility that two people share.”
It seems like with every election, congressional hearing or large gathering of its activists, the Right reaches new lows. Here are some updates on what we’re up against right now.
Rewarding Hypocrisy -- Sanford and Cruz
This week, former South Carolina Governor Mark Sanford staged a political comeback and won a special election to reclaim the U.S. House seat he once occupied. Sanford had left office mired in scandal about his extramarital affair and ran a campaign centered on his own humility and learned compassion -- although, apparently his experience did nothing to dissuade him from his moralizing anti-choice and anti-gay positions. I pointed out in a piece on the Huffington Post yesterday that Sanford trumpeted his new personal understanding of "human grace as a reflection of God's grace," but his ideas of grace, choice and personal freedom as they apply to his own story don’t seem to be pushing him in the direction of supporting those things for same-sex couples, women, religious minorities or really anyone who is not just like him.
Sanford’s just the tip of the iceberg.
This past weekend NRA convention speakers from Glenn Beck and Rick Santorum to Sarah Palin and NRA president Wayne LaPierre attacked “the Left,” the Obama administration, the media and, basically, their straw man version of The (uber-liberal) Establishment for using fear tactics to scare Americans into supporting common sense gun reforms like background checks… while in the same breath stoking paranoia about every manner of “big government” tyranny, like the forced disarmament of America’s law abiding gun owners.
Another NRA convention speaker, Sen. Ted Cruz (R-TX) is being discussed in right-wing circles (and by Cruz himself) as potential presidential candidate in 2016. Cruz is a Tea Party super star who is making waves by challenging the traditional role of freshmen U.S. senators and recently gained notoriety for leading the filibuster of the background check requirement for gun purchases (the one 90% of Americans support) and then insulting his fellow Republican senators at a Tea Party event. But Sen. Cruz was born in Canada. Where are all the Tea Party “Birthers” who claimed that President Obama was born in Kenya and therefore he didn’t qualify as a “natural born citizen,” making him ineligible to run for president, even if his mother was an American citizen??
Whether it’s based on race, politics or ideology, the hypocrisy here is palpable … as it was when Cruz bragged to the NRA about vowing to filibuster any gun safety reform, no matter how common-sense or popular, but in the same speech, tore into Senate Majority Leader Harry Reid for requiring a 60 vote threshold to advance one of his preferred “pro-gun” bills, which incidentally had less support in the Senate than background checks.
It seems that it’s not so much a good redemption story the Right loves as it is blatant hypocrisy that gets rewarded with support and popularity.
It must be political witch hunt season because Republicans in Congress – fueled by their allies in the right-wing media – are embarking on some serious fishing expeditions in attempts to smear the president, his nominee for Labor Secretary Tom Perez and former Secretary of State Hillary Clinton.
Rep. Darrell Issa (R-CA), chair of the House Oversight and Government Reform Committee channels Sen. Joe McCarthy perhaps more than any other sitting member of Congress in his overzealous twisting of facts and events to “support” his hyperbolic allegations like President Obama’s is “the most corrupt government in history” and Hillary Clinton and her inner circle staged a vast “cover up” surrounding the embassy attack in Benghazi. Issa, who himself is no stranger to ethical questions (again with the hypocrisy -- they can’t help themselves), along with his allies, who include most congressional Republicans, the Religious Right and virtually the entire conservative movement, are clearly being motivated by their expectations that former Sec. of State Clinton will be a formidable candidate for president in 2016, so they are trying to tar her in advance.
Issa and his House cohorts have been involved in the attacks on Tom Perez as well, although the real obstruction is taking place in Senate, where Perez’s confirmation vote has been delayed again by Republicans on the Health, Education, Labor & Pensions (HELP) Committee. While obstructing an eminently well qualified Latino nominee seems like a funny way to demonstrate the GOP’s “rebranding” and appeal to Latino voters, the attacks on Tom Perez have truly been as vicious as they are baseless. Rep. Steve King (R-IA) alluded to Perez being “a dishonorable man,” and Rep. Jim Jordan (R-OH) contorted claims about an incident involving the city of St. Paul, MN to assert that Perez wanted to “hurt poor people” simply because he was in a position of power from which he could do so.
This week, PFAW delivered 50,000 petition signatures to the Senate HELP Committee urging an end to the obstruction and swift action to confirm Tom Perez, and we’ll continue to keep the pressure on.
Religious Right’s Persecution Fantasy
Claim after claim after claim of “persecution,” used as examples of a “war on Christians” by Religious Right activists, talk show hosts and politicians, gets thoroughly debunked. But even as these examples are firmly established as myths, right-wing leaders, and even lazy mainstream journalists, continue to cite them in their speeches and reporting. PFAW’s Right Wing Watch released an In Focus report in the first weeks of the Obama administration in 2009 about the Right’s use of a “big lie” strategy about a war on Christians to stoke the base’s false fears of religious persecution. We are seeing every day in our Right Wing tracking that the playbook we identified remains in constant use.
A new study by the Constitutional Accountability Center details the remarkable success corporate special interests like the Chamber of Commerce have had before the current Supreme Court. Certainly as, if not even more, notable, another study published in The Minnesota Law Review ranked all 36 Supreme Court justices of the last 65 years based on their pro-corporate bent. While all five of the current Court’s conservative justices made the top 10, President George W. Bush’s nominees and the two most recent conservative additions to the Court, Chief Justice Roberts and Justice Alito, were at the very top of the list.
Meanwhile, a separate study from the nonpartisan Congressional Research Service confirms what we’ve been pointing out for years -- that President Obama’s judicial nominees are being treated exceptionally poorly by Senate Republicans. Emblematic of the obstruction of President Obama’s nominees has been the situation with respect to the DC Circuit Court of Appeals, often called the nation’s second most powerful court. Republicans are fighting tooth and nail to preserve the DC Circuit’s rightward tilt even at the cost of maintaining vacancies that severely hinder the Court’s ability to do its job.
PFAW will continue to call attention to and fight the GOP’s unprecedented judicial obstruction in the DC Circuit and the entire federal judiciary. We expect several confirmation battles on the horizon, with new nominations expected to be announced by the White House in coming weeks, and we’ll be employing various strategies to make sure senators are feeling the heat in their own states over the GOP’s unconscionable obstruction.
The D.C. Circuit Court of Appeals, the most important court that most Americans have never heard of, is making waves this week with a ruling that the National Labor Relations Board’s requirement that corporations inform their employees of their right to unionize violates the free speech rights of the corporations.
This decision by a panel of three Republican-nominated D.C. Circuit judges is outrageous, but unfortunately it’s not out of character. Last year, Republican nominees on the court ruled that a regulation requiring tobacco companies to print factually accurate warnings on cigarette packages actually violated the tobacco companies’ free speech rights. In January, the court invalidated three presidential appointments to the NLRB, undermining the Board’s ability to protect the rights of workers. And that’s just the beginning.
Why is the D.C. Circuit still wreaking havoc on the government’s ability to protect the rights of workers and consumers? Because Republicans in the Senate have yet to allow a single one of President Obama’s nominees to the court reach a confirmation vote, making Obama the first president since Woodrow Wilson to serve a full first term without placing a judge on the D.C. Circuit.
That means that the partisan makeup of the D.C. Circuit is pretty much unchanged since the Bush years. Currently dominated by active judges and semi-retired senior judges appointed by Republicans, the D.C. Circuit has four vacancies. As the graphic above shows, if President Obama can fill those four vacancies, he can restore some balance to a court that has veered far, far, far to the right.
"I am one imperfect man saved by God's grace," Mark Sanford proclaimed yesterday as he declared victory in a special election for South Carolina's open House seat. "Until you experience human grace as a reflection of God's grace, I don't think you really get it," he said. "And I didn't get it before."
Sanford's victory wasn't a big surprise. He won as a Republican in a district that favored Mitt Romney by 18 points last year.
What would be a surprise, and what I would love to see, is if Sanford applied his new personal understanding of "human grace as a reflection of God's grace" to his new role in government.
He could, for instance, apply some of that grace to women facing often wrenching decisions about abortion, allowing them to make their own decisions rather than pre-judging them with burdensome regulations designed to humiliate them and severely restrict their choices.
He could apply some of that grace to gay and lesbian couples,who, like him, are simply trying to share their lives openly with the one they love. While many public figures have "evolved" on gay rights without even having to be "saved by grace," Mark Sanford just recently reminded us that he hasn't moved an inch.
He could perhaps share some grace with his fellow Americans who are struggling to raise children while working multiple low-paying jobs. Maybe with his newfound empathy, he will understand that pre-K education, health care and food assistance can help those struggling to get by keep themselves afloat in an unforgiving economy.
Maybe he will have some grace left over for undocumented immigrants who are trying to support their families and give back to the country they call home.
Perhaps he could convince his party, which claims to be in the market for a makeover, that a little grace and understanding would do it some good.
Maybe this will happen. But it seems more likely that Sanford's idea of grace, choice and personal freedom apply exclusively to people like him.
Following closely on the heels of Rhode Island, Delaware is poised to become the eleventh state to allow same-sex couples to marry. Because the Delaware House passed a marriage equality bill last month and Governor Jack Markell has pledged to sign it, the only remaining step was passage in the state Senate – which happened this afternoon.
Recent polling data found that a clear majority of Delaware voters, like the majority of Americans in general, support marriage equality. In April Gov. Markell told the Huffington Post:
“…when the advocates came to me earlier this year, and said we think it's time…I said, you know what, it is time, and I'm happy to stand right there with you.”
We agree: it is time for loving, committed couples to be treated equally under the law – in Delaware and throughout the country.