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:
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.
We write frequently about the extraordinarily pro-corporate leanings of the current Supreme Court, where the Justices bend the law and twist logic in order to rule in favor of large corporate interests and against the rights of individuals harmed by those interests. In the past week, two new studies have provided powerful numbers to back up the trend.
In a report released on Thursday, the Constitutional Accountability Center found that the corporate lobbying group U.S. Chamber of Commerce has won a stunning two-thirds of the cases that it has been involved with before the Roberts Court. And this weekend, The New York Times reported on a new study from the Minnesota Law Review that found that the current Supreme Court’s five conservative justices have sided with corporate interests at a greater rate than most justices since World War II. In fact, Chief Justice John Roberts and Justice Samuel Alito, both George W. Bush nominees, are the two most pro-corporate Supreme Court justices to sit in the past 65 years:
The Times writes:
But the business docket reflects something truly distinctive about the court led by Chief Justice John G. Roberts Jr. While the current court’s decisions, over all, are only slightly more conservative than those from the courts led by Chief Justices Warren E. Burger and William H. Rehnquist, according to political scientists who study the court, its business rulings are another matter. They have been, a new study finds, far friendlier to business than those of any court since at least World War II.
In the eight years since Chief Justice Roberts joined the court, it has allowed corporations to spend freely in elections in the Citizens United case, has shielded them from class actions and human rights suits, and has made arbitration the favored way to resolve many disputes. Business groups say the Roberts court’s decisions have helped combat frivolous lawsuits, while plaintiffs’ lawyers say the rulings have destroyed legitimate claims for harm from faulty products, discriminatory practices and fraud.
Published last month in The Minnesota Law Review, the study ranked the 36 justices who served on the court over those 65 years by the proportion of their pro-business votes; all five of the current court’s more conservative members were in the top 10. But the study’s most striking finding was that the two justices most likely to vote in favor of business interests since 1946 are the most recent conservative additions to the court, Chief Justice Roberts and Justice Samuel A. Alito Jr., both appointed by President George W. Bush.
We already knew from our canvassing these past few weeks that the Pennsylvania GOP’s electoral vote-rigging plan is unpopular with Pennsylvania voters. Now, thanks to a People For the American Way video, we know that this opposition isn’t just coming from the voters -- it’s also coming from crucial Republican state senators. At a town hall meeting in New Hope, state Sen. Charles McIlhinney told constituents that he thought the electoral college scheme, sponsored by Sen. Dominic Pileggi, was “poorly thought out” and that he wouldn’t support the bill. Senator McIlhinney pointed out that it would “set Pennsylvania back” by diminishing its significance in the electoral college, putting its influence on a level with smaller states.
This should be a wake-up call for Pennsylvania governor Tom Corbett. He’s already facing a tough re-election battle, and it’s clear that this electoral college scheme is not a winner for him -- the comments from Sen. McIlhinney are just further evidence of this. But clearly, it seems like Gov. Corbett thinks staying silent on the issue will mean that no one will notice. Unfortunately for him, it doesn’t work like that: we know his silence reveals his tacit support for the plan, and the longer he leaves it, the clearer it becomes. Governor Corbett has been hiding from his own party’s policies for a while now, but with these comments from Sen. McIlhinney -- a prominent member of the committee that would be the first to consider the bill -- the reality’s catching up with him. It’s time to either come out and support the bill or admit, like Sen. McIlhinney did, that his party got it wrong on this one.
Watch our video of the Senator’s comments here:
A new study from the nonpartisan Congressional Research Service [pdf] quantifies the extent to which Senate Republicans have been stalling President Obama’s judicial nominees. Through this persistent obstruction, Senate Republicans have kept the chamber mired in gridlock, thrown the federal courts into an historic vacancy crisis, and prevented President Obama from restoring ideological balance to a system still dominated by George W. Bush nominees.
The study finds that President Obama’s judicial nominees – including those with no partisan opposition – face extraordinary wait times for simple yes-or-no votes from the Senate.
CRS notes that “President Obama is the only one of the five most recent Presidents for whom, during his first term, both the average and median waiting time from nomination to confirmation for circuit and district court nominees was greater than half a calendar year.” In particular, the study notes, the wait times for district court nominees – whose decisions do not bind other courts and who have historically been approved quickly and without controversy – have shot up in the past four years:
Where President Obama’s judicial nominees face the greatest delays is between approval by the Senate Judiciary Committee and a vote from the full Senate. Because the Senate must have unanimous consent or invoke cloture to hold an up-or-down vote, senators in the minority can quietly filibuster judicial nominees for months without giving a reason for delaying the votes. For instance, Robert Bacharach of Oklahoma, who was nominated to a seat on the Tenth Circuit Court of Appeals, was forced to wait nine months for a vote from the full Senate, despite the fact that he was supported by both of his home state’s conservative Republican senators. In the end, he was confirmed unanimously.
Perhaps the starkest example of Republican obstruction under President Obama is the gridlock that completely unopposed judicial nominees have faced. CRS finds that President Obama’s unopposed district court nominees have waited nearly three times as long for a Senate vote as did President Bush’s and nearly six times as long as President Clinton’s. His unopposed circuit court nominees have waited over four times as long as President Bush’s and seven times as long as President Bush’s.
It’s important to note also that many more of President Obama’s nominees would count as unopposed – making these numbers even more dramatic -- if Republican Sen. Mike Lee of Utah hadn’t spent a year opposing every one of President Obama’s judicial nominees in protest of a completely unrelated issue.
Today the Rhode Island House passed and Governor Lincoln Chafee is expected to sign legislation allowing same-sex couples to marry, making it the tenth state in the country with full marriage equality. The state House passed a similar version of the bill earlier this year but held another vote following minor changes to the Senate version. Last week PFAW President Michael Keegan released a statement celebrating passage of the bill in the state Senate.
In The New York Times yesterday, Governor Lincoln Chafee called the nationwide push for marriage equality a “historic realignment”:
“A historic realignment is happening all around us, as Americans from all walks of life realize that this is the right thing to do. It is occurring both inside and outside of politics, through conversations at the office and over kitchen tables, and at different speeds in different parts of the country.”
Across dinner tables, in the pews, and in the halls of state legislatures, the momentum is indeed undeniable. Today’s victory will not only give equal marriage rights to committed, loving couples in Rhode Island, it will also strengthen the nationwide momentum towards marriage equality.
The current Supreme Court’s pro-corporate leanings have resulted in a huge spike in rulings favoring corporations over individual Americans, according to a new report from the Constitutional Accountability Center. MSNBC’s Zachary Roth goes through the report’s findings, including that under Chief Justice Roberts, the behemoth corporate lobbying group the U.S. Chamber of Commerce has won a full two-thirds of the Supreme Court cases in which it has been involved:
The major result of the Chamber’s success, legal scholars say, has been a string of rulings that threaten to block the courthouse door to ordinary Americans looking to hold corporations accountable. And with court-watchers’ attention focused on higher-profile gay marriage and voting rights cases this term, it’s a development that’s flown largely under the radar.
The Roberts Court’s pro-business outlook has been apparent for several years. But the CAC report suggests it may be accelerating. Both the Chamber’s participation rate and its success rate have risen significantly in recent years. This term, the Chamber filed amicus briefs in 24% of cases, up from 10% during the latter part of the Rehnquist Court, from 1994 to 2005, a period of stability when there were no changes to court personnel. And since John Roberts became Chief Justice, the Chamber has won 69% of the cases in which it’s gotten involved (see chart below). That’s up from 56% during the latter part of the Rehnquist Court, and just 43% during the last five years of the Burger Court, from 1981 to 1986.
Jamie Raskin, Senior Fellow of People For the American Way Foundation, chronicled the “Rise of the Corporate Court” in a 2010 report. He wrote:
Americans across the spectrum have been startled and appalled by the Citizens United decision, which will "open the floodgates for special interests—including foreign companies—to spend without limit in our elections," as President Obama said in his 2010 State of the Union Address. According to a Washington Post nationwide poll, more than 80% of the American people reject the Court's conclusion that a business corporation is a member of the political community entitled to the same free speech rights as citizens.
Yet, the Court's watershed ruling is the logical expression of an activist pro-corporatist jurisprudence that has been bubbling up for many decades on the Court but has gained tremendous momentum over the last generation. Since the Rehnquist Court, there have been at least five justices—and sometimes more—who tilt hard to the right when it comes to a direct showdown between corporate power and the public interest. During the Roberts Court, this trend has continued and intensified. Although there is still some fluidity among the players, it is reasonable to think of a reliable "corporate bloc" as having emerged on the Court.
What is striking today, however, is how often the Roberts Court, like its predecessor the Rehnquist Court, hands down counter-intuitive 5-4 victories to corporations by ignoring clear precedents, twisting statutory language and distorting legislative intent. From labor and workplace law to environmental law, from consumer regulation to tort law and the all-important election law, the conservative-tilting Court has reached out to enshrine and elevate the power of business corporations --what some people have begun to call "corporate Americans"--over the rights of the old-fashioned human beings called citizens.
With Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia, Clarence Thomas and Anthony Kennedy in the driver's seat today, the "least dangerous" branch of government now routinely runs over our laws and our politics to clear the road for corporate interests. When it comes to political democracy and social progress, the Supreme Court today is the most dangerous branch. The road back to strong democracy requires sustained attention to how the Court is thwarting justice and the rule of law in service of corporate litigants.
A poll commissioned by People For the American Way and fellow progressive groups late last year found that the Corporate Court was a concern for a majority of voters.
This week, NBA center Jason Collins made history when he became the first active player in a major men’s pro sports league to come out as gay. In an interview with George Stephanopoulos aired yesterday on Good Morning America, Collins reflected that “when you finally get to that point of acceptance, there’s nothing more beautiful.” Collins has demonstrated his commitment to being open about who he is – and in doing so, has become a role model to all who are struggling to accept themselves.
Today People For the American Way President Michael B. Keegan sent Collins a letter of congratulations and support:
Becoming the first active player in a major men’s pro sports league to come out as gay could not have been an easy decision. You said yourself that if you had your way, “someone else would have already done this” – but you were the one to take this step, and we’re grateful for your courage.
The majority of lesbian, gay, bisexual, and transgender young people report experiencing harassment at school because of their sexual orientation or gender identity and the need for supportive LGBT role models has never been greater. At this moment, no one can know the full effects of your decision to come out, but what I do know is that it will change the lives of so many others who are struggling to accept who they are.
On behalf of People For the American Way’s staff, board, and members all across the country, congratulations. We are with you.
With best regards,
Michael B. Keegan
President, People For the American Way
President Obama yesterday nominated three highly qualified candidates to federal district court judgeships in Illinois. The nominations of Colin Stirling Bruce, Sara Lee Ellis and Andrea R. Wood underscore the president’s commitment to bringing qualified, diverse candidates to the federal bench. Two of the three nominees, Ellis and Wood, are African-American women. Wood brings unique professional diversity to the bench: she currently works for the enforcement division of the Securities and Exchange Commission, which helps keep financial companies accountable to voters and consumers.
Over the past few weeks, People For the American Way has been busy in Pennsylvania, at the front lines of the fight to stop a Republican attempt to rig the electoral college. We’ve delivered over 100,000 petitions to Governor Tom Corbett; hosted a press conference with African American ministers against the scheme; and organized canvassing trips in key state senate districts.
Now, we’re stepping up the pressure again. Today in Media, Pennsylvania, People For the American Way hosted a press conference with former congressman Joe Sestak to demand answers from the scheme’s sponsor, state Sen. Dominic Pileggi. Admiral Sestak denounced the scheme, and called on Senator Pileggi to end his campaign to rig the election. We also heard from the Delaware County Democratic Party Chairman David Landau, who called on the Republican co-sponsors like state Sen. Edwin Erickson to remove their names from this bill. Finally, we heard from our own Robert Weaver, who talked about the “enormous dissent” we’ve been hearing about from these state senators’ constituents.
Again and again, we’ve heard Senator Pileggi and the Republicans try to avoid criticism of this bill simply by saying that the bill isn’t moving right now. That isn’t good enough. We know, and Joe Sestak knows, and even Dominic Pileggi knows the reality: a bad bill that’s not moving is still a bad bill, and it can start moving anytime. Senator Pileggi and his co-sponsors need to stop trying to hide from the debate and either stand up for this bill or remove it from consideration, instead of just waiting until they think Pennsylvania voters aren't looking. As Rob said today, we will not stop until we know that Pennsylvanians’ electoral votes are safe.
Not content simply to pass a definitively right-wing budget, in recent weeks the extremist Republicans in control of Ohio’s legislature tacked on a slew of amendments to a substitute budget bill that read like a Radical Right Christmas wish list, including:
If you live in Ohio, please help STOP this budget bill by calling now and urging your state representative to OPPOSE Sub. H.B. No. 59. Click here to find your legislator.
The state of New York has become an embarrassing example of what can happen when money is allowed to rule politics. Earlier this month, for instance, two state lawmakers were arrested on corruption charges. It's a story that has become all too familiar in Albany, where a pervasive culture of corruption has led to the convictions of at least 13 state elected officials in the last ten years.
But New York and its governor, Andrew Cuomo, now have an opportunity to shed the state's pay-to-play image and lead the nation in fighting corruption. Good government advocates are pushing for the state to adopt a public financing system based on one that has met with success in New York City. The plan, which would provide matching funds for small donors, would help give candidates without big party or corporate backing the chance to compete in statewide elections. It would allow more voices to be heard in the political process and ensure that elected offices won't be handed to the highest bidder.
The Syracuse Post-Standard, in endorsing the measure, wrote, "There will always be more pressing spending priorities for taxpayer money. But when those priorities are thrown out of whack by the influence of big money on our politicians, something fundamental has to change." And all too often in New York, the priorities of voters are being superseded by the priorities of big campaign donors.
Shortly after the latest scandal, Gov. Andrew Cuomo introduced a bill to increase the penalties on state lawmakers accused of graft. That measure is useful, but on its own is not enough to change the culture in Albany. The public financing proposal, which would provide a meaningful solution to the problem of big money in New York politics, needs the governor's active support. So far, although supportive, Gov.Cuomo has not expended the energy in support of the measure needed for it to pass. He now has the chance to weigh in more forcefully and distinguish himself as a national leader on clean elections. With his full-throated endorsement, the measure would have a strong chance of becoming law, and New York could go from being one of the clearest examples of corrupt government to become a national model of reform.
Since the Supreme Court's outrageous Citizens United decision, which unleashed unlimited and unaccountable corporate spending into national politics, Americans have become increasingly wary of big-money influence in elections. A poll late last year found that 90 percent of Americans thought there was too much money in politics -- true bipartisan agreement! 84 percent agreed that "corporate money drowns out the voices of ordinary people." That's a lot of distrust from almost everybody in this country.
As a national movement to overturn Citizens United gains support, states and cities are leading the way with innovative and popular good government measures. New York, with Gov. Cuomo's support, could go from being a symbol of corruption to having some of the strongest clean elections laws in the country. That would be quite an enduring legacy.
Today People For the American Way joined with 38 ally organizations and individuals in sending a letter to Congress to ask for support of the Shareholder Protection Act. The Act – sponsored by Rep. Michael Capuano (D-MA) and Sen. Robert Menendez (D-NJ) – would, among other measures, require that publicly traded corporations pre-approve their annual political expenditure budgets with shareholders and promptly disclose those expenditures to the public.
The letter highlights the need for this type of legislation in the wake of the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission, which “brought a flood of new and secretive money into elections.” Since that decision, corporate officers have been able to spend unlimited amounts of corporate treasury funds to influence elections, often under the veil of ‘dark money’ groups that do not disclose their donors. In essence, this means that millions of Americans who have invested in corporations are having their money used to engage in partisan politics – without their knowledge.
Unsurprisingly, this post-Citizens United landscape of secret spending is not popular with the public. The letter notes:
A 2012 survey conducted by Bannon Communications for the Corporate Reform Coalition found that more than 8 in 10 Americans (81%) believe that the secret flow of campaign spending is bad for democracy, and 87 percent agree that prompt disclosure of political spending would help voters, customers and shareholders hold companies accountable for political behavior.
PFAW continues to advocate against corporations being able to spend unlimited amounts of money to influence our elections. Legislation requiring shareholder approval for, and public disclosure of, corporate election spending will help end some of the abuses made possible by Citizens United.
The full text of the joint letter is below.
April 25, 2013
U.S. House of Representatives
Washington, D.C. 20515
United States Senate
Washington, D.C. 20510
RE: Support the Shareholder Protection Act
Dear Member of Congress:
We write to you to encourage your support of the Shareholder Protection Act, sponsored by Rep. Michael Capuano (D-MA) and Sen. Robert Menendez (D-NJ).
Our organizations come from diverse backgrounds, with concerns ranging from constitutional rights to corporate governance to protecting our air and water. We have many different priorities, but we all agree that the unprecedented 2010 Supreme Court decision, Citizens United v. Federal Election Commission, requires a strong response.
We are troubled for several reasons by the Supreme Court’s decision to give corporations the right under the First Amendment to spend unlimited funds from their corporate treasuries to support or attack candidates.
In the electoral arena, this decision has brought a flood of new and secretive money into elections, ratcheting up the cost of campaigns and increasing the time and resources needed for fundraising. Spending by outside groups funded largely by corporate interests and intended to influence the 2010 elections was more than four times as high than in 2006, the last mid-term cycle. Outside spending increased another four-fold again in the 2012 election cycle. The sources of much of this new money swamping our elections remains undisclosed, as corporations and other special interests launder their campaign funds through non-profit groups, such as the Chamber of Commerce, which are not required to disclose their donors. The ads funded by unaccountable corporate interests fueled massive attacks that compounded the negative tone of campaigns and added to the public cynicism of our elections.
In the legislative arena, the mere threat of unlimited corporate political spending gives corporate lobbyists a large new club to wield when lobbying lawmakers, and makes it harder for legislators to vote their conscience.
In corporate governance, unless a company sets its own internal policies otherwise, there are no rules or procedures established in the United States to ensure that shareholders – those who actually own the wealth of corporations – are informed of, or have the right to approve, decisions on spending their money on politics.
The Shareholder Protection Act provides a framework to rein in some of the damage in this troubling, new political landscape.
Specifically, the Act would:
- Mandate prior approval by shareholders for an annual political expenditure budget chosen by the management for a publicly held corporation.
- Require that each specific corporate political expenditure over a certain dollar threshold be approved by the Board of Directors and promptly disclosed to shareholders and the public.
- Require that institutional investors inform all persons in their investment funds how they voted on corporate political expenditures.
- Post on the Securities Exchange Commission web page how much each corporation is spending on elections and which candidates or issues they support or oppose.
American business leaders are concerned about the pressure on business to donate to political campaigns, and the influx of large, undisclosed donations to third party political organizations that are not required to disclose their sources of funding. In a Zogby International poll commissioned by the business-led Committee for Economic Development (CED), two-thirds of business leaders polled agreed with the statement: “the lack of transparency and oversight in corporate political activity encourages behavior that puts corporations at legal risk and endangers corporate reputations.”
In addition to business leaders, the general public at large believes in transparency and giving shareholders a voice. A 2012 survey conducted by Bannon Communications for the Corporate Reform Coalition found that more than 8 in 10 Americans (81%) believe that the secret flow of campaign spending is bad for democracy, and 87 percent agree that prompt disclosure of political spending would help voters, customers and shareholders hold companies accountable for political behavior. Huge majorities of Americans across the political spectrum condemn corporate political spending and support strong reforms. For example, requiring corporations to get shareholder approval before spending money on politics is supported by 73 percent of both Republicans and Democrats, and 71 percent of Independents. About 84 percent of Americans agree that corporate political spending drowns out the voices of average Americans, and 83 percent believe that corporations and corporate CEOs have too much political power and influence.
Responsible corporate governance requires the involvement of informed shareholders and is not a partisan issue. We believe that holding management accountable and ensuring that political spending decisions are made transparently and in pursuit of sound business is important for both the market and for democracy.
We urge you to support the reasoned response that is the Shareholder Protection Act.
Brennan Center for Justice at N.Y.U. School of Law
Center for Media and Democracy
Chesapeake Climate Action Network
Citizens for Responsibility and Ethics in Washington (CREW)
Coffee Party USA
Corporate Accountability International
Corporate Ethics International/Business Ethics Network
Free Speech for People
Friends of the Earth
Harrington Investments, Inc.
Holy Cross International Justice Office
Illinois Campaign for Political Reform
Krull and Company, Peter W. Krull, President & Founder
League of Conservation Voters
Maryknoll Office for Global Concerns
National Consumers League
New Progressive Alliance
North Carolina Center for Voter Engagement
NorthStar Asset Management, Inc.
Ohio Citizen Action
People For the American Way
Progressive States Network
Service Employees International Union (SEIU)
Social Equity Group, Ron Freund and Duncan Meaney
Strategic Counsel on Corporate Accountability, Sanford Lewis
U.S. Public Interest Research Group (US PIRG)
United Food and Commercial Workers
West Virginia Citizen Action
Wisconsin Democracy Campaign
Zevin Asset Management, LLC