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Half a Million Americans Urge President Obama to Shine a Light on Dark Money

This afternoon activists from PFAW and ally groups participated in a petition delivery at the White House calling on President Obama to issue an executive order requiring corporations that receive government contracts to disclose their political spending. More than 550,000 petition signatures were delivered in support of this executive order, collected by a collaborative effort of more than 50 organizations.

In addition to leaders from organized labor, civil rights, environmental and consumer protection groups, PFAW Director of Outreach and Public Engagement Diallo Brooks (pictured below), was one of the individuals to speak at the event. Highlighting the fact that transparency is essential to accountability, Mr. Brooks and other speakers reiterated the strong message sent by the half a million petition signers.

President Obama has shared his support for reform on numerous occasions. Most recently, in his State of the Union address this January, the president called attention to the issue by speaking out against “dark money for ads that pull us into the gutter.” Obama went on to call for a “better politics.”

Rallies like the one held in Washington today also occurred in nearly 60 cities across 28 states, all encouraging the president to use his authority and issue an executive order to help bring about that “better politics.”

Have you added your name to the petition yet?

 

PFAW

Fighting against Big Money in Politics: The One Year Anniversary of McCutcheon v. FEC.

Today, April 2nd, marks the one year anniversary of the Supreme Court decision, McCutcheon v. FEC. The Supreme Court ruled in a 5-4 decision to remove limits on the total amount of spending an individual could contribute over a two year period to a federal level candidates, parties, or political action committees. Previously, the law limited the amount of money an individual could spend to $48,600 for individual candidates or $74,600 to a party or political action committee over a biannual period. The plaintiff in the case, Shaun McCutcheon, claimed that the limit on political spending was a violation of his First Amendment right to freedom of speech. Using a severely cramped definition of the type of corruption that campaign finance limitations can legitimately address, Chief Justice John Roberts wrote “Congress may target only a specific type of corruption—‘quid pro quo’ corruption . . . Spending large sums of money in connection with elections, but not in connection with an effort to control the exercise of an officeholder’s official duties, does not give rise to quid pro quo corruption. Nor does the possibility that an individual who spends large sums may garner ‘influence over or access to’ elected officials or political parties”. The court, agreeing with McCutcheon, said that having limits on aggregate spending and campaign contributions was unconstitutional and a violation of the First Amendment.

The impact the McCutcheon v. FEC decision had on the 2014 elections was enormous. There was no longer an aggregate restriction on the amount of money an individual could give to candidates, parties and political committees. One of the biggest impacts of the court’s decision was the expansion of joint fundraising committees as fundraising tools. Joint committees are committees where candidates can combine their separate committees, party committees, and PAC’s into one single committee that fundraises together. As a result, nearly four billion dollars was given to candidates, parties, and political action committees combined, the most money ever spent in any midterm election. In 2014, out of the ten Senate races where the most money was spent on candidates, six of them finished within a ten point margin of victory, while in the ten House races where the most money was spent on candidates in 2014, seven of them ended within a five point margin of victory.

The McCutcheon decision has solidified the need for a constitutional amendment because big donors can now give virtually unrestricted amounts of money to influence elections. This money is used to produce television ads for or against candidates, send out direct mail attacking opponents, and to boost a candidate’s own credentials. Such dependence on campaign cash results in our elected officials becoming further beholden to the big donors interests instead of their constituents.

 Fortunately, a nonpartisan movement is growing to get big money out of politics and overturn Supreme Court decisions like McCutcheonand Citizens United. Sixteen states, over 600 towns and cities, and over five million people have already gone on the record in support of a constitutional amendment that levels the political playing field and reduce the influence big money in our political system.

PFAW

Arkansas Governor Does Only a Partial Retreat on RFRA

Gov. Hutchinson's call for a RFRA bill paralleling the federal one still leaves the door open to discrimination, thanks to the Hobby Lobby ruling.
PFAW

Gov. Pence's Claims Ignore Indiana "Religious Freedom" Law's History

Indiana's Mike Pence is less than convincing in his claims about that state's new RFRA law.
PFAW

Hobby Lobby Comes Home to Roost as States Consider "Religious Freedom" Legislation

This op-ed was originally published at The Huffington Post.

Over the last twenty years, 19 states have passed laws modeled on the federal Religious Freedom Restoration Act (RFRA), which was enacted in 1993 with broad bipartisan support. But just this year, almost the same number, 15, have seen such bills introduced, generating enormous controversy across the country, particularly in Indiana where Gov. Mike Pence signed the new state RFRA into law.

Why the huge uptick now? As one of those involved in the original drafting and passage of RFRA in 1993, I think it's a combination of the perceived dangers to the far right from the move towards LGBT marriage equality and the perceived opportunity created just last year by the 5-4 Supreme Court's rewriting of RFRA in Burwell v. Hobby Lobby.

Even before the Supreme Court agreed to decide the marriage equality issue, the far right has highlighted the supposed dangers to small businesses like bakers and florists who do not want to serve LGBT couples because of religious objections. Under RFRA as passed in 1993, and under the protection from the First Amendment's Free Exercise doctrine that it was meant to restore, RFRA wouldn't have offered much help. First, neither had been applied to non-religious corporations, which had never been thought to have religious freedom rights. Second, it would have been very hard to argue that a neutral law banning discrimination against LGBT people would have created a "substantial burden" on actual religious exercise, which is required to qualify for a RFRA-type exemption. For example, in one case the Supreme Court rejected the claim that requiring federal welfare recipients to submit social security numbers was such a burden even when it conflicted with an applicant's religious beliefs. And even if such a burden were created by obeying an anti-discrimination or other general law, pre-Hobby Lobby law would not have helped a religious claimant: as the Court ruled in rejecting a religious exemption to a requirement that a religious farmer withhold social security taxes, such an exemption would improperly "operate to impose the employer's religious faith on the employees" and others.

But then came Hobby Lobby.

In that case, writing for a bare majority of the Court, Justice Alito ruled that religious objections by a corporation's owners exempted them under RFRA from providing contraceptive coverage through insurance to employees under the Affordable Care Act. As Justice Ginsburg explained in dissent, rather than interpreting RFRA to restore prior case law, the majority interpreted it as going beyond prior Court decisions to maximize benefits to religious claimants. In particular, she explained, the Court effectively re-wrote RFRA so that it could be invoked by for-profit corporations, and so that the original law protecting individuals against a "substantial burden" on the exercise of religion was transformed to allow claims by a business owner that complying with a neutral law offended their religious beliefs in some way. Under the majority's view, Justice Ginsburg suggested, RFRA could be interpreted to "require exemptions" in cases where religious beliefs were used to justify actions that discriminated on the basis of race, gender, and sexual orientation. Pointedly, Justice Alito responded only that "prohibitions on racial discrimination" would be safe from a RFRA exemption claim, but said nothing about gender or LGBT status.

So for far-right activists and legislators concerned about LGBT marriage equality and other rights, Hobby Lobby provided the perfect opportunity: pass state RFRA laws and effectively grant a religious exemption claim from LGBT anti-discrimination laws and local ordinances, based on the Court's re-writing of RFRA's language. Indeed, in communicating with supporters about the Indiana RFRA law, the far-right Family Research Council specifically called it the "Hobby Lobby bill."

Even better, rhetoric directed at outsiders could be cloaked in general language about protecting religious freedom, not attacking LGBT rights. Supporters could even invoke Democratic supporters of RFRA like President Clinton and claim that neither RFRA nor its state counterparts had been interpreted to allow discrimination, as Indiana Gov. Pence has tried to do. These claims ignore the fact that it wasn't until last year that the Supreme Court effectively rewrote the language in RFRA so that it was transformed from a shield for religious liberty into a sword against anti-discrimination protections. And previous supporters like President Clinton have made clear their opposition to this year's state RFRA proposals.

Under pressure, the neutral façade of recent state RFRA proposals has crumbled. When pushed to amend a state RFRA proposal in Georgia to make clear that it could not be used against anti-discrimination ordinances, a Georgia legislator admitted that one of the reasons for the bill was to allow it to be invoked by the small business owner who had religious objections to providing services to an LGBT couple. And when an amendment was added in the Georgia House Judiciary Committee to state that the RFRA bill was not to be used against discrimination laws, the bill was promptly tabled on March 26, with a supporter stating that the amendment would "gut" the bill.

As of now, the fate of RFRA bills in Georgia and elsewhere is uncertain and Gov. Pence has asked the legislature for an amendment to "clarify" that Indiana's RFRA law cannot be used to deny services to anyone. That would be a welcome step - one that flies in the face of the clear intent of some of the bill's backers, which was clearly to enshrine such a "right" for Indiana businesses. Language has been adopted elsewhere to make clear that state RFRAs cannot be used against anti-discrimination bills; such a provision is currently in Texas' RFRA, although there is a proposal to remove it. Before Hobby Lobby, such language might not have been necessary. After Hobby Lobby, it is crucial.

PFAW

State Money In Politics Reform Victories Show Growing Strength of Movement

While likely presidential candidates chase billionaires they hope will bankroll their campaigns, activists in states across the country are ramping up a very different kind of campaign: grassroots organizing to restore some common sense to the rules governing money in elections. In March alone, we’ve seen significant victories in the movement to get big money out of politics.

Last week, following sustained advocacy by PFAW activists and allies, the New Hampshire Senate unanimously passed a bill in favor of a constitutional amendment to overturn cases like Citizens United v. FEC. If it passes in the House, New Hampshire will become the 17th state calling for an amendment. PFAW’s New Hampshire Campaign Coordinator Lindsay Jakows, who has been leading our on-the-ground effort in the state, said the vote shows that “our state senators are listening to, and responding to, the voices of their constituents.” And after passing 67 town resolutions in support of an amendment – including 11 just this month – the voices of New Hampshire constituents on this issue are crystal clear.

On the other side of the country, local leaders in Washington and Montana are also making important strides. Earlier this month, Washington’s state Senate unanimously passed a disclosure bill that would expose the spending of some of the largest political donors. PFAW activists in the state made calls to their senators, urging them to vote for the bill to strengthen transparency in Washington’s politics. And in Montana a disclosure bill that would help shine a light on “dark money” in state elections passed in the state House this weekend following calls from PFAW activists.

All of these victories share the same core ingredient: people power.

The sustained drumbeat of calls and emails from local advocates, which led to important wins in three states just this month, show what’s possible when grassroots leaders organize to take their democracy back from corporations and billionaires.

PFAW

Shining a Light on Corporate 'Dark Money'

This op-ed was originally published at OtherWords.com.

If 2014 was the “Year of Dark Money” in elections, then 2016 is likely to be the “Year of Way, Way More Dark Money” — that is, unless something big changes soon.

One of the most troubling aspects of the explosion of big money in politics in recent years is the rapid rise in spending by groups that aren’t required to disclose their donors.

Right now, corporations and super-rich political donors like the Koch brothers can funnel millions into elections through groups that hide their identities, leaving voters and candidates unable to tell who’s behind the attack ads they buy in bulk, or what their agendas are.

More than $600 million of this so-called “dark money” has already been poured into our federal elections, and that’s only going to increase as we ramp up for the next presidential race.

Americans aren’t happy about this.

When President Barack Obama called in January for a “better politics” where “we spend less time drowning in dark money for ads that pull us into the gutter,” he wasn’t just speaking for himself.

He was tapping into a deep-seated unease among everyday Americans who know that our political system can’t work for us when it’s awash in millions of dollars of untraceable money.

But President Obama can do more than simply call attention to the problem. He can take a big step toward fixing it by issuing an executive order requiring companies with government contracts to disclose their political spending.

That would mean that many of the nation’s biggest corporations — like Exxon Mobil, Lockheed Martin, AT&T, Chrysler, and Verizon, just to name a few — would have to let the American people know about their political spending. That would turn some of that dark money into plain old “money.”

As The Washington Post editorial board wrote earlier this year, disclosure is “the backbone of accountability.” The public needs to be able to follow the money trail, see who’s behind political spending, and call them out when they don’t like what they see.

Even the Supreme Court’s conservative majority, which opened the floodgates to unlimited corporate political spending with its 2010 Citizens United decision, has underscored the need for disclosure. Transparency, wrote Justice Anthony Kennedy in the ruling, “enables the electorate to make informed decisions and give proper weight to different speakers and messages.”

Today, only one-fourth of the country’s largest government contractors disclose their contributions to outside groups. That means that many of the corporations receiving the biggest government contracts — from taxpayer money — are likely doing a great deal of secret spending to influence elections.

President Obama is right: Ordinary Americans are tired of being pulled “into the gutter.” We’re tired of seeing corporations rig our political system with untold amounts of money from undisclosed sources.

The White House should issue an executive order to let voters see for themselves who’s trying to buy political influence to distort our democracy.

What are these corporations trying to hide? And why should We the People hand over our taxpayer money to help them hide it?

PFAW

PFAW Calls Out Ted Cruz for His Doublespeak on Immigration

If Ted Cruz is so proud of his anti-immigrant stance, why won't he talk about it in Spanish?

In launching his campaign this week, Ted Cruz released an English-language video celebrating both his immigrant history and his work “putting everything on the line to stop President Obama’s illegal and unconstitutional amnesty.” But in the Spanish-language version, Cruz again celebrates his immigrant history, but makes no mention of his anti-immigrant leadership.

 

Read People For the American Way's statement calling out Cruz for his doublespeak.

PFAW

Payday Loan Interests Funneled Dark Money into Fight Against Oversight

On Tuesday the Huffington Post’s Paul Blumenthal revealed that in 2012, the Online Consumers Network, an “arm of the online payday loan empire industry,” gave $200,000 to two dark money groups connected to top House Republicans during the industry’s push to roll back the power of the Consumer Financial Protection Bureau.

In other words, two years after the Citizens United decision that allowed for unlimited outside spending to influence elections, payday loan interests were funneling dark money political spending to benefit officials who could help in their efforts to fight oversight and regulation.

While this is far from surprising in light of the current state of our campaign finance laws, it flies in the face of how regulation should work. From the chemical industry ramping up political spending as Congress takes up a bill overhauling the regulation of chemicals, to the payday loan industry throwing money against oversight efforts, industry interests should never be driving the legislative or regulatory process. The public good should be.

Fighting to make governmental action about protecting ordinary Americans rather than protecting the bottom line of major corporations shouldn’t be controversial. It’s simply expecting our political system to work as it was intended: for the people.
 

PFAW

GOP's Delay for Loretta Lynch Gets More Ridiculous By the Day

If anyone had said four months ago that we’d still be waiting for the Senate to hold a confirmation vote for Loretta Lynch, no one would have believed it.  Yet here we are.  Although she was approved by the Judiciary Committee three weeks ago, Mitch McConnell just can’t bring himself to schedule a floor vote for her.

Lynch is supremely qualified to be AG.  Progressives and conservatives alike have written to the Senate praising Lynch and urging her confirmation.  In fact, not a single one of the Republicans’ own witnesses at her confirmation hearing actually opposed her confirmation.

Yet Republicans in the Senate continue to make a partisan brawl out of a consensus nomination.

Until now, regardless of which party was in the White House or in control of the Senate, the attorney general nominee has gotten a confirmation vote very quickly upon committee approval.  But Lynch’s nomination has been languishing on the Senate floor for nearly three weeks, longer than the wait-time for the past five attorney general nominees combined.

McConnell has jettisoned his promise to allow a vote this week.  At the beginning of next week, Lynch will have been waiting for a floor vote as long as the previous seven attorneys general combined:

Click chart for larger image.
Chart: Loretta Lynch vs. other attorney general confirmations

McConnell’s latest excuse for delay is that the Senate needs to vote on a human trafficking bill first … a bipartisan bill that Republicans politicized by inserting an anti-choice provision.

The Lynch nomination was a great opportunity for Republicans to show the American people that they can govern.  Instead, they’ve shown the American people that they won’t pass up any opportunity to play politics, as they pile unheard-of delay after delay on the person who should already have been confirmed as our nation’s first African American woman attorney general.

PFAW

Signs of Progress on Voting Rights for Formerly Incarcerated Persons

It's fitting that Maryland is showing signs of progress just as its US Senators are reintroducing the Democracy Restoration Act in Congress.
PFAW

Alabama's Shame Grows with Bill to Make It Harder for Gays to Marry

No one should be fooled for a moment that this has anything to do with religious liberty.
PFAW

Seriously? Republicans Target Birthright Citizenship Again?

This op-ed by Randy Borntager, Political Director of People For the American Way, was originally published at The Huffington Post.

After the vast majority of Republicans voted to shut down the Department of Homeland Security to oppose President Obama's immigration actions, and with Republicans blocking any hope of real immigration reform this Congress, it seems the anti-immigrant movement has instead decided to refocus its efforts on revoking the constitutional right to birthright citizenship.

Earlier this week, Republican Sen. David Vitter of Louisiana decided to introduce a birthright citizenship amendment to the bipartisan Justice for Victims of Trafficking Act of 2015. The amendment so far has just one cosponsor -- Sen. David Perdue of Georgia -- and it's unlikely that it will be included in the final bill, but this decision to tack an unconstitutional, anti-immigrant measure onto an important bill shows the priorities of Sen. Vitter and the Republican Party.

Sen. Vitter claims that his birthright citizenship amendment would help curb the issue of "birth tourism," recently in the news surrounding Chinese mothers coming to California -- often committing crimes in the process -- so their children can be born in the U.S. It would seem more sensible to tackle this issue through targeting the middlemen who NBC reports "pocketed hundreds of thousands of dollars tax-free," and the visa, tax, and marriage fraud that are often a key part of "birth tourism." Instead, Sen. Vitter and the many Republicans who support ending birthright citizenship are trying to use the issue as cover for their attacks on immigrants and attempts to revoke a core constitutional right.

The flaws of the conservative attacks on birthright citizenship have been well documented. First, it's blatantly unconstitutional. It's clear that the drafters of the 14th Amendment intended it to guarantee citizenship to everyone born in the U.S. The only exception -- in the words of one of the amendment drafter's, Sen. Jacob Howard -- is for people "who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States," as they are not, as the 14th Amendment requires, "subject to the jurisdiction" of the United States. Conservatives from Michael Gerson, a former George W. Bush adviser, to the anti-immigrant Lou Dobbs have viewed attempts to undermine birthright citizenship as unconstitutional.

It's also a terrible idea. Gerson wrote, "Anti-immigration activists often claim that their real concern is to prevent law breaking, not to exclude Hispanics. But revoking birthright citizenship would turn hundreds of thousands of infants into 'criminals'--arriving, not across a border, but crying in a hospital." The Migration Policy Institute also found that rather than decreasing the number of undocumented immigrants in America, as birthright citizenship activists claim, revoking the right would "likely increase dramatically" the number of people in the country without authorization, leading to the "establishment of a permanent class of unauthorized persons."

Sen. Vitter is not the only Republican promoting anti-immigrant bills instead of trying for real, bipartisan solutions on immigration. In January of this year, Rep. Steve King of Iowa re-introduced a bill aiming to repeal birthright citizenship. Sen. Rand Paul, Sen. Lindsey Graham, Speaker John Boehner, House Majority Whip Steve Scalise, Rep. Mike Coffman, and Rep. Joe Heck have all backed plans to revoke birthright citizenship in the past.

We need immigration reform. From improving the economy while reducing the deficit to ensuring that DREAMers and their families can live and work in the U.S. without fear of deportation, the benefits are endless. Not only have Republicans blocked comprehensive immigration reform when it had a real chance of passing, they're now trying yet again to bring up unconstitutional bills to drive their point home. That's not what responsible governing looks like, and for a party that says they're trying to attract more Latino support, they're certainly not shy about attacking immigrants for short-term political gain.

PFAW

Following the Money in Wisconsin and Beyond

On Monday, Wisconsin became the 25th so-called “right to work” state when Gov. Scott Walker signed a bill into law that undermines workers’ rights and is likely to reduce wages in the state.

This divisive bill, which would have more accurately been called a “right to work for less” bill, was fast-tracked by Republican leaders despite being met with intense resistance and had the support of major right-wing funders. Two outside groups in favor of “right to work” legislation, Wisconsin Manufacturers & Commerce and the Koch-backed Americans for Prosperity, spent over $5.5 million in support of Scott Walker’s reelection bid. Analysis by the Wisconsin Democracy Campaign found that since 2013, Republican legislators in the state have accepted “$26 in contributions from business interests for every $1 in labor contributions.” And the right-wing Bradley Foundation has given millions to groups promoting “right to work” bills, including to a number of groups in Wisconsin.

In Wisconsin and across the country, when people can “follow the money” and see who is bankrolling elected officials and what their agenda is, it changes how they evaluate the bills being considered. But today it’s not always possible to follow the money. Major corporations can funnel an unlimited amount of money through “dark money” groups to influence the political process, and they can do so secretly.

President Obama can, and should, take a big step to shine a light on dark money by issuing an executive order requiring companies that contract with the federal government, companies like Verizon and Lockheed Martin and Exxon Mobil, to disclose their political spending. No matter the issue, voters deserve to know who is trying to buy influence in their state or national government.

PFAW

Iran Letter Shows GOP’s Growing Penchant for Sabotage

Republicans in Congress are now trying to sabotage U.S. foreign policy.
PFAW

McConnell Should Let Senate Confirm Judges

There is no reason to keep delaying judicial confirmation votes, especially when Texas in particular needs its vacancies filled.
PFAW

Discrimination Masked as Religious Freedom? Not in My Name.

This op-ed by Rev. Timothy McDonald III, co-chair of People For the American Way's African American Ministers in Action, was originally published at The Huffington Post.

Last week, a bill disguised as a "religious liberty" measure that would give a green light to discrimination was passed by the Georgia Senate and will now go to the House.

As a Baptist pastor, I feel called to weigh in on a proposal that is supposedly designed to protect religious rights in my state. I fully support every person's constitutionally-protected right of the free exercise of religion. The right to pray to whatever God you believe in and freely practice your religion is a fundamental one, and one that must be protected.

But I do not support this bill, which is not a true effort to protect First Amendment rights. And the fact that supporters in the state Senate quickly and unexpectedly brought it up in committee when no Democrats were present makes me wonder if even proponents aren't so sure of its merit.

The proposed bill is modeled on a national religious freedom bill that passed in 1993, and supporters claim that it would shield people of all religions from government intrusion. In reality, this is a bill that threatens to allow businesses and individuals to simply flout the laws they don't like. It threatens to turn "religious liberty" law from a shield to guard individual liberties into a sword to bring harm to others.

For example, what happens if medical workers, citing religious beliefs, decide that they won't treat gay or transgender people? If business owners decide that they won't serve Muslims or interracial couples? If landlords decide they won't rent to single women? Beyond anti-discrimination protections, what happens if individuals or business owners claim they are exempt from any number of laws they disagree with? What happens, for example, if employers decide that paying their workers a minimum wage goes against their religious beliefs? Do we want to live in a society where your legal rights depend on the religious beliefs of others in the community?

Basic rights and equality should never yield to discrimination.

Other religious leaders here in Georgia aren't fooled, either. Working with a group of more than 160 clergy across the state, we have been asking our elected officials to abandon this misguided project, urging them not to pass any so-called "religious freedom" legislation that could lead to widespread discrimination. Handing people the "right" to use the mantle of religious liberty to harm others? Not in our name.

It's clear that rather than fixing a problem, as good public policy should, this bill would create problems, and often for those most vulnerable among us.

Even former state attorney general Michael Bowers, who once fought in favor of anti-gay "sodomy" laws, has called the bill "nothing but an excuse to discriminate," saying it is "ill-conceived, unnecessary, mean-spirited, and deserving of a swift death in the General Assembly."

I agree. My faith tells me that I should stand up for the marginalized. That I should speak out against proposals that could deny basic rights to others -- especially when it's being done in the name of religion.

PFAW