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National Bullies

Today, Kyle at Right Wing Watch reported on the unsurprisingly hate-filled reaction of the American Family Association’s Bryan Fischer to a rash of suicides by young people have been bullied for being gay. Fischer puts the blame for these deaths not on hate-mongers like himself who spend their lives stirring up anti-gay sentiments, but on support groups like GLSEN that try to make life easier for gay teens:

If we want to see fewer students commit suicide, we want fewer homosexual students. What all truly caring adults will want to do for a student struggling with his sexual identity is to help him resist dangerous sexual impulses, accept his biological identity as either male or female, and help him learn to adjust his psychological identity to his God-given biological one.

Along that path lies psychological, spiritual, mental and emotional wholeness. Along the path of sexual depravity lies loneliness, self-torment, disease, and even death. It is a cruel thing to help a sexually confused student walk down a path that leads to darkness rather than urge him to choose a path that leads to light.

Fischer, as we’ve noted, is an unapologetic extremist on issues from gay rights to whale-stoning, but his response to this issue is essentially the same as that of much more prominent right-wing leaders. Fischer boils their “solution” to anti-gay bullying down to its head-in-the-sand conclusion: gay kids wouldn’t be bullied if there weren’t any gay kids. This is essentially what Family Research Council president and occassional Fischer buddy Tony Perkins said in a largely fact-free (not to mention compassion-free) op-ed in the Washington Post’s On Faith section yesterday:

However, homosexual activist groups like GLSEN (the Gay, Lesbian and Straight Education Network) are exploiting these tragedies to push their agenda of demanding not only tolerance of homosexual individuals, but active affirmation of homosexual conduct and their efforts to redefine the family.

There is an abundance of evidence that homosexuals experience higher rates of mental health problems in general, including depression. However, there is no empirical evidence to link this with society's general disapproval of homosexual conduct. In fact, evidence from the Netherlands would seem to suggest the opposite, because even in that most "gay-friendly" country on earth, research has shown homosexuals to have much higher mental health problems.

Within the homosexual population, such mental health problems are higher among those who "come out of the closet" at an earlier age. Yet GLSEN's approach is to encourage teens to "come out" when younger and younger--thus likely exacerbating the very problem they claim they want to solve.

Some homosexuals may recognize intuitively that their same-sex attractions are abnormal--yet they have been told by the homosexual movement, and their allies in the media and the educational establishment, that they are "born gay" and can never change. This--and not society's disapproval--may create a sense of despair that can lead to suicide.

Glenn Beck University “professor” David Barton also embraced this causality-reversed view of these tragic suicides when he offered up the higher rate of suicides among gays and lesbians as proof that homosexuality is inherently unhealthy—and should therefore be eliminated.

These illogical public health pronouncements would be laughable if they weren’t contributing to a very real tragedies. The mother of a boy who committed suicide after falling victim to anti-gay bullying, wrote a response to Perkins in the Washington Post today:

If schools perceive addressing anti-gay bullying as a controversial issue, then they'll continue the status quo of putting their heads in the sand and hoping the issue takes care of itself.

It won't. And we need to be clear on one thing - addressing anti-gay bullying is not a controversial issue. If you move through the smoke screen organizations like Family Research Council try to create, you realize addressing anti-gay bullying is simply the right thing to do if we care about all of our young people.

Fischer may be an extremist’s extremist, but right-wing leaders echoing his harmful message are no less dangerous. And when future presidential candidates gather with people like Fischer and Perkins, they ensure that their messages of hate will keep on trickling down to vulnerable, ostracized kids. If what Fischer, Perkins, and Barton are doing isn’t bullying, I don’t know what is.
 

PFAW

Record Spending in September by Outside Groups

The Center for Responsive Politics has tabulated the spending totals of outside groups from September to the beginning of October, revealing such enormous spending levels that third-party organizations are even spending more than the candidates themselves. Of the top ten biggest spenders in September, nine are pro-corporate groups and eight of them uniformly back Republican candidates. Spencer MacColl of CRP reports that “since September 1, identifiably conservative groups have spent $25.8 million, liberal groups $5.6 million,” and Ben Smith of Politico notes that pro-GOP groups have spent $43.6 million since August. In fact, pro-GOP organizations have spent more than the campaigns of four Republican candidates for Senate on their own races, outspending the campaign committees of Sharron Angle in Nevada, Ken Buck in Colorado, Joe Miller in Alaska, and Dino Rossi in Washington. To learn more about the increasingly powerful outside organizations, read PFAW’s new report: “After Citizens United: A Look into the Pro-Corporate Players in American Politics.”

 

PFAW

YEO stands up to Sharron Angle’s Dangerous Health Care Stance

When video emerged of Sharron Angle, the Republican nominee in Nevada for US Senate, dismissing insurance mandates for covering autism and maternity leave, Nevada Assemblyman David Bobzien stood up to her dangerous attacks. Angle told a crowd at a Tea Party Express rally that people shouldn’t have to pay for medical concerns that they personally don’t have in their insurance plans (of course, this contradicts the idea of the insurance system). In her speech, she used air-quotes to describe autism, and said that she wants to get rid of the mandate to cover the neural disorder.

Assemblyman David Bobzien of Reno, a member of PFAW Foundation’s Young Elected Officials (YEO) Network and a sponsor of the measure to establish mandates for autism coverage, convened a meeting of parents of children with autism. Many of the parents took issue with how she dismissed the significance of autism, and Assemblyman Bobzien pointed to the fact the mandate actually lowers costs and that officials from both parties and insurance providers all backed the mandate. In fact, just two members of the Assembly opposed AB162, and the Nevada State Senate passed the measure unanimously. Such bizarre attacks against reasonable health care provisions are typical of the Tea Party darling, who despite her anti-government rhetoric is actually covered by federal government health care. You can learn more about Angle’s extreme ideology in PFAW’s Rogues’ Gallery report.

When right-wing candidates like Sharron Angle oppose commonsense and important measures such as mandates for covering Autism and maternity leave, it is important that young progressive leaders like Assemblyman Bobzien stand up to rebut their attacks.

 

PFAW

The Wrong Lesson To Learn From the Kagan Confirmation

Over at The Atlantic, Max Fisher draws some conclusions from the Kagan confirmation, and I think he’s pulled together a pretty good summation of what folks in Washington are thinking—but that doesn’t mean they’re right.

Fisher argues that since 37 votes were cast against Kagan, and since the GOP could pick up Senate seats in November, Obama will be forced to nominate a “moderate.”

Not so fast.

The fact that 37 Senators voted against Elena Kagan is a sign that Senate Republicans will fight anyone who gets nominated to the high court, no matter how unobjectionable (a fact that’s borne out by their disgraceful treatment of lower court nominees.) If Republicans are willing to attack a Supreme Court nominee endorsed by Jack Goldsmith, Miguel Estrada, Ken Starr and Ted Olson, they’re not going to let anyone off without a food fight.

Will more Republicans mean a bigger fight next time? Maybe, but there’s nothing to be done about it. President Obama should consider himself free to nominate whoever he wants: if we’re going to fight, it might as well be a fight worth having.

PFAW

The Oil Industry Ties of Oil Industry Judges

We’ve been worried about what will happen if liability suits from BP’s massive oil spill in the Gulf reach the Supreme Court. But it sounds like fans of justice might have more immediate concerns.

When a district court judge halted the Obama administration’s Gulf drilling moratorium last month, that judge’s history of ties to the oil industry caused a stir. Today, a three judge panel from the 5th Circuit Court of Appeals is set to hear an appeal of the case.

But we shouldn’t get our hopes up. Alliance For Justice has looked into the backgrounds of the three judges on the panel and found some pretty startling oil industry ties: two of the judges represented major oil companies in previous jobs, two have major investments in oil companies, and two went on an oil industry-financed junket to Montana in 2004 to learn “why ecological values are not the only important ones.”

Read the full Alliance For Justice report here.


 

PFAW

Jeff Sessions Comes Out Against Ideas

When I got to the office this morning, I turned on C-SPAN, which was rerunning the confirmation hearings all over again. While I was listening, I heard again something that caught my ear yesterday.

Senator Sessions: I think that yesterday you indicated that the court could consider foreign court opinions as they could “learn about how other people might approach” and think about approaching legal issues. And you said, well I guess “I'm in favor of good ideas coming from wherever you can get them.” I think some of the judges on the court have used that phrase, but ideas sound like policy to me. It does not sound like authority to me.

Is Senator Sessions arguing that judges shouldn’t have ideas? That having ideas per se might undermine the authority of the Court?

On one level, it’s a bit frightening, but, on another, it’s Chief Justice Roberts’ “balls-and-strikes” theory of judging extended to its absurd, inevitable conclusion.

PFAW

Fieldtrip to the Heritage Foundation

As a new arrival in DC (I started interning here two weeks ago), I was thrilled to get a chance to visit the Heritage Foundation for the first time on Wednesday. I know everyone here at People For was flattered to learn that the folks on their “Myth of the Conservative Court” panel had been reading our Rise of the Corporate Court report. A lot.

The panelists – Todd Gaziano, Hans von Spakovsky, and Manuel Miranda -- took umbrage at progressive groups like PFAW using the term “judicial activism” because, well, it belongs to them. And they like the decisions being handed down!

Spakovsky argued that progressives have called the Citizens United decision judicial activism merely because we didn’t like the outcome. He’s certainly right that we don’t like it—and neither do 80% of Americans—but we agree that our dislike doesn’t make it judicial activism. What makes it judicial activism is that the Court based its decision on utterly specious Constitutional grounds, overturning over a hundred years of settled law and its own precedent in the process. John Roberts promised to be a baseball umpire, just calling balls and strikes, but as PFAW President Michael B. Keegan pointed out, “in baseball terms, Citizens United was the equivalent of grabbing the bat and using it to beat the pitcher.”

Much to my shock, Gaziano admitted during the panel that the conservatives on the Court had exhibited pro-corporate judicial activism in one case, Exxon Shipping Co. v. Baker, deciding in Exxon’s favor for subjective rather than purely Constitutional or statutory reasons. So what makes him think that the Conservative judges weren’t influenced by their corporate bias in the other cases outlined in our Corporate Court report?

What was most remarkable about the panel, though, probably wasn’t the contortions that conservatives are willing to go through in order to deny “judicial activism” by conservatives on the Court—it’s that they’re still clearly trying to use it against progressives. That and the lunch they served afterwards. It was delicious.

PFAW

Advice for Obama from FDR

Jeff Shesol, author of the fascinating Supreme Power: Franklin Roosevelt vs. The Supreme Court, has some advice for President Obama in a new blog post for the American Constitution Society. Shesol argues that Obama can learn a thing or two from Roosevelt’s struggles with an “activist” Supreme Court that was overturning key legislative initiatives to protect individual rights and his success in shifting the frame of the public’s debate on the Court and the Constitution.

It's a paradox: we've got a former constitutional law professor as president, but he's had far less to say than his critics (and some of his supporters) about the relevance of the Constitution to key questions of national policy. No doubt he's got plenty to say on the subject. No doubt he's unwilling to cede the argument to Republicans mouthing pieties about "the plain language of the Constitution." So what's holding the professor back?

Understandably, his focus now is the confirmation of Elena Kagan, and that goal might not be served by starting a debate with the self-styled defenders of the Constitution. But as Senator Cornyn said last year, not incorrectly, "each Supreme Court nomination is a time for national conversation and reflection on the role of the Supreme Court." And by keeping mostly mum on the matter, President Obama is missing an important opportunity to "take the country to school," as Felix Frankfurter advised President Roosevelt to do in the mid-1930s. Frankfurter urged FDR to launch a campaign of "quiet education" about the Court's proper role and the ways in which ideologically driven conservative justices were overstepping it.

As Shesol points out, for decades conservatives have dominated the debate over the meaning of the Supreme Court and the Constitution. But in recent months, their talking points have been noticeably loosing credibility. The Roberts Court’s far-reaching decision in Citizens United—in which it went out of its way to upend 100 years of settled law to give corporations the same rights as citizens to influence elections— angered Americans across the political spectrum, and soundly debunked the myth of “judicial activism” as a liberal trait. And the Republican National Committee’s recent attempt to smear Elena Kagan for questioning the perfection of the original Constitution spectacularly backfired when the flaws in their argument became clear.

Americans are clearly ready to embrace a view of the Supreme Court and the Constitution that does not fit neatly into flawed baseball-themed talking points. The debate over Kagan’s nomination provides an opportunity to have that conversation.
 

PFAW

Former DOJ Official Discusses Impact of GOP Obstruction

On Tuesday, former Deputy Attorney General David Ogden spoke publicly for the first time since leaving the Justice Department.

Among other pressing issues, Ogden addressed the ongoing obstruction of key Obama nominees to the department, including Dawn Johnsen to head the Office of Legal Counsel and Chris Schroeder to head the Office of Legal Policy.
 
In Ogden’s words, “it causes problems for the department not to have key” positions filled.
 
Johnsen, whom Ogden called a “brilliant” lawyer, has been waiting for over a year for an up-down vote in the Senate. “It would make a big difference to have her in there,” said Ogden. “It’s just not right that it’s been held up so long.”
 
Johnsen was approved by the Judiciary Committee for a second time on March 4th and could be brought to the Senate floor in the coming weeks.
 
Click here to learn more about Johnsen’s outstanding qualifications and broad base of support. And click here to call on Senators to finally confirm her and let her get to work on the many pressing issues at Justice Department.
PFAW

African American History Awareness Month - A Chance to Prove

In 1926, Dr. Carter G. Woodson launched Negro History Week as an initiative to bring national attention to the contributions of Black people throughout American history. Today the celebration in the arts and science, public and private business industries, sports, domestic and foreign policy, and political, social and economic justice arenas continues throughout February and is now known as African American History Awareness Month.

Like others during these 28 days, I find myself hungry to learn of yet another person who, because of their thoughts, actions, motivation, "made a way out of no way". One Saturday evening I watched a PBS documentary titled "For Love of Liberty" and the sacrifices of African American soldiers who fought for a "cause greater than me".

Dating as far back as the Revolutionary War, it is the story of "America's Black Patriots." I watched images and heard narratives of those who faced ultimate racism and bigotry, but continued to sign up to for a chance to prove African Americans were worthy of dignity, humanity and full rights of citizenship. I also watched images of soldiers lynched in their uniforms as a message from extremist that no matter what their sacrifice, they would never be equal, honored or worthy.

This month I was afforded the opportunity to participate in a Congressional Black Caucus staff briefing on the repeal of Don't Ask, Don't Tell. In preparing for this presentation I realized here was yet another group of military personnel, soldiers waiting for a "chance to prove" they were worthy. I found what may seem like an unlikely connection with those of the past who fought for love of liberty for others with no gains or recognition of who they were with those who fight today and serve this county honorably for the same reason.

The contributions of African American's to this country are substantial, but as important they are inspiring. Pinckney Benton Stewart Pinchback was the first non-white and first person of African American descent to become governor of a U.S. state, serving as the 24th Governor of Louisiana for an entire 35 days. Anna Julia Haywood Cooper was an educator, writer, and human rights leader. Vernon Johns was an African American minister and leader who was active in the struggle for civil rights for African Americans from the 1920s and is considered the father of the American Civil Rights Movement, having laid the foundation on which Martin Luther King, Jr. and others would build.

There are no ordinary sacrifices a person can make when their motivations and actions are for a cause greater than self. Religious and racial extremists haven't deterred those who seek that chance to prove their worthiness. As an African American, I am aware of what the insults of oppression, injustice and inequality can have on the mind and spirit of a persons and a people. I also know that separate is not necessarily equal. But I also have read and witnessed that "suffering produces perseverance; perseverance, character; and character, hope."

I believe in revelation, the connection to historical moments, the legacy of persons and people in pursuit of "a chance to prove." This African American History Awareness Month I recognized the contributions of all men and women who served and are serving in our armed forces with profound appreciation for their sacrifices in pursuit of a chance to prove. In the words of what is known as the African American National Anthem by James Weldon Johnson, we must continue to celebrate, educate, and be inspired to "Lift every voice ... until victory is won."

PFAW

Virginia's New Radical Right Governor Begins His Assault

Pat Robertson's man in the Virginia State House, Governor Bob McDonnell, has been in office less than a month and is already delivering on the Religious Right's agenda ... at the expense of Virginians' civil rights.

A February 5 executive order from the 'Gov stripped gay and lesbian state workers of protections against job discrimination. It was that simple: signing an order that prohibits discrimination based on nearly every category except sexual orientation (which had been included under McDonnell's predecessor, Gov. Tim Kaine). The move has already been praised by Radical Right groups like Tony Perkins' Family Research Council.

This is a painful, cringe-inducing "I told you so" moment that brings no satisfaction to anyone and certainly no desire to gloat. It's a sad reminder that when we snooze, we lose -- in this case, progressive voters snoozing has led to LGBT Virginians losing, but rest assured, there will be more to come and enough misery to go around.

Bob McDonnell's opponent in the gubernatorial race was Creigh Deeds, who failed to inspire his progressive base. Deeds campaign ran away from progressive values instead of embracing and fighting for them, and the Democratic ticket paid the price on Election Day. Deeds got the Democratic nomination in the first place because of dreadful turnout, particularly among progressives, in that party's primary election.

The other lesson we must take away is that we must EXPOSE right-wing candidates for what they are. This need makes organizations like PFAW and blogs like RightWingWatch very important. McDonnell is an undoubtedly intelligent and charismatic politician. He seems like a very nice guy, a good family man and emanates a sincerity that might be genuine. But this persona belies his radical beliefs.

McDonnell could rightly be called a "wolf in sheep's clothing" for running a campaign that avoided the polarizing issues on which his Religious Right agenda is focused. But the evidence was there all along. He was elected, in part, due to progressives' and Democrats' failure to expose his true radical right-wing inclinations despite a wealth of evidence.

His master's thesis (at Pat Robertson's Regent University, which itself should have been portrayed as a bigger red flag to VA voters) espoused extremely radical views. It became a major campaign issue for his opponent Deeds but somehow McDonnell was able to diffuse it by saying those were the views of a younger, less lived and learned version of himself. He was 34 YEARS OLD when he wrote the thesis, though, and hardly some naïve kid. McDonnell's record as Attorney General and statements he had made in the past, as well as his close connection to Pat Robertson, should have been additional red flags.

But here we find ourselves, with LGBT Virginians taking the first of what will likely be many blows to their basic rights throughout Gov. McDonnell's tenure. And it's not only Virginians who are going to suffer.

McDonnell has been unleashed onto the national political scene too. Americans already have enough fear from hatemongers like Sarah Palin, Rick Santorum and others who threaten America with their potential candidacy for president. Now, we have Bob McDonnell (Pat Robertson's protégé!!!) who is clearly being groomed to be a national leader of the Republican Party after he gave the GOP response to President Obama's State of the Union Address -- a response that was very well executed and positioned the articulate family man McDonnell as what one would imagine to be a Tea Party activist's ideal alternative to our current president. (The fact that McDonnell is white is sadly of central importance in the GOP's ploy, but that's a topic that deserves further dissection in another post).

It's been said that we get the government we deserve, based on who we vote for or whether or not we choose to vote at all. But no one deserves a governor like Bob McDonnell. And the likes of Pat Robertson and Tony Perkins certainly do not deserve to have their errand boy serving them up one wish list item at a time wrapped all pretty with a bow on it.

Progressives stay at home on Election Day at all of our peril. And that goes for the primaries especially. The progressive "base" can't just be the voters whose turnout makes the difference for Democrats in general elections (young voters, low-income voters, etc.). People who truly embrace what it means to be progressive need get out there and stand up for our values within the political party structure. If there's one thing this current crop of Democratic members of Congress has made all too clear, it's that no one else is going to assert those values (the same ones that made and continue to make America great, I might add) if we don't do it in the voting booth.

We must do better.

In the meantime, we need to keep an eye on Governor Bob McDonnell, lest he follow the path of another perceived "every man" who was strong on "family values" and played the part of a "uniter, not a divider." That "every man," George W. Bush, served up the most radical right-wing policies of any modern president and was quick to empty the nation's treasury into the pockets of war profiteers and his other corporate sponsors. Let's learn from the past.
 

PFAW

Happy Birthday, Origin of Species!

In case you had somehow overlooked it, today is the 150th anniversary of the publication of Charles Darwin’s “On the Origin of Species,” the scientific landmark that reshaped the way we see the natural world—and which religious extremists rail about to this day.

People For the American Way Foundation has a long history of opposing religious belief being taught as fact in public schools, and we’ve worked hard to defend classrooms against religious doctrine dressed up as science.

To learn more about the many ways creationists have tried to push Darwin out of public schools, check out our Creationism Timeline as well as Right Wing Watch’s coverage of creationism. And don’t forget to raise your glass tonight to wish “On the Origin of Species” a very happy birthday.
 

PFAW

Progressives Make Significant Gains at the Local Level

Among the mixed results from high profile races last week, progressives had many reasons to celebrate last Tuesday with the election of young progressives at the local and state level. Several members of our Young Elected Officials Network (YEO Network), the first national program singularly-focused on providing a network of support to young progressive state and local elected officials age 35 and under, were re-elected to their posts while others were successful in their runs for elevated positions.

Among them:

  • City Commissioner Sean Becker was elected Mayor of Bozeman, Mont.
  • Tompkins County Legislator Nathan Shinagawa won re-election to his post with 91 percent of the vote.
  • Alderwoman Rebekah Gerwirtz beat her opponent handily. She received 76 percent of the vote to his 24 percent.

As results are still coming in from across the country, one thing rings true: support for young progressives, and the changes they seek, is growing in state and local races. Young Elected Officials are shaping public policy and promoting progressive values in congressional, gubernatorial [is that true?], legislative, and city and county commission seats across the United States.

The YEO Network, a project of People For the American Way Foundation, brings together officials between the under the age of 35 to build professional relationships with other young progressive leaders who face similar challenges. The network provides an infrastructure for members to learn from each other and from policy experts how to be more effective leaders on issues that matter to their constituents.

PFAW

Hints for the Obama Agenda in the Coming Supreme Court Term

As discussed in a number of previous posts, the Roberts Court has demonstrated its conservative ideological bent, striking down laws passed by Congress and demonstrating a willingness to ignore long-standing precedent. It reached out last term in the Gross age discrimination case to decide an issue that hadn't been briefed and changed the law in a way that will make it much harder for older workers to prove that they were discriminated against in the workplace. In the Ricci fire fighters case, the Court reached out to decide the case on the merits - even though no employee had actually been injured -- so that it could reach the merits and change the law with respect to proving discrimination in so-called disparate impact cases. And, in the recently argued Citizens United case, the Court re-opened the briefing in the case to re-visit what had been a settled question about whether regulating corporate expenditures in candidate elections is constitutional.

Will this trend continue? And what does this mean for President Obama's initiatives on health insurance reform? Climate change? Financial regulatory reform? Asnoted in Adam Liptak's article in yesterday's New York Times, the Court's docket this term includes a number of cases likely to signal its future willingness to support government intervention to address structural problems in our economy. In Free Enterprise Fund v. Public Company Accounting Oversight Board, a case growing out of the Enron debacle, the Court will consider the scope of Congress' power to delegate regulatory responsibility to independent regulatory boards. The issue in Jones v. Harris Associates, concerns the role of courts in regulating executive compensation for mutual fund investment advisers. And in Milavetz, Gallop & Milavetz v. United States, the issue concerns the scope of a federal law concerning lawyers' advice to clients considering bankruptcy. Dry? Perhaps. But what we learn in these cases, may well signal how far the Court is willing to go in supporting or, perhaps more likely, frustrating, efforts by the Administration and Congress to address serious structural problems in our economy.

You think Justices' legal ideology matters? Stay tuned.

PFAW

Don’t Believe the Right’s Propaganda on the Supreme Court

With everyone talking about the retirement of Justice David Souter, the Radical Right’s propaganda machine is set to max.

Right Wing Watch is reporting on the Right’s reaction.  One of the more laughable claims comes from Wendy Long of the Judicial Confirmation Network:

The current Supreme Court is a liberal, judicial activist court.  Obama could make it even more of a far-left judicial activist court, for a long time to come …

Calling the current Court liberal is like calling Mitt Romney consistent – you can’t say it with a straight face.  In fact, no less an authority than Justice John Paul Stevens has pointed out that “every judge who’s been appointed to the court since Lewis Powell has been more conservative than his or her predecessor,” with the possible exception of Justice Ginsburg.

But, for the sake of argument, let’s review some of the highlights of the current “liberal” Supreme Court.

In order to achieve their desired ideological results, the Far Right justices have recklessly toppled precedents, or even ignored them while pretending not to, with alarming frequency.  For example, the restrictive federal abortion ban upheld by the Roberts Court was essentially identical to one the Court had struck down before Roberts and Alito joined the bench.  Unfortunately, extreme Right Wing ideology trumped the rule of law.

Voting rights have also come under attack.  The Roberts Court upheld the constitutionality of the most restrictive voter ID law in the country, an Indiana law requiring people to present a currently valid, government-issued photo ID in order to vote.  This imposes a substantial burden on the elderly who don’t drive, college students, and the poor who don’t own cars.  Indiana was unable to identify a single case of in-person voter fraud occurring in its history.  That didn’t stop the Roberts Court from upholding a restriction that kept many Americans from being able to go to the polls on Election Day and cast a vote.

Even our very access to the courts has come under attack from the “liberal” Supreme Court.

Lilly Ledbetter was a victim of sex discrimination effectively barred from the courthouse.  Late in her career, she learned that she had, over the years, been subjected to salary discrimination on the basis of her sex, and she sued.  A jury found that she had been illegally discriminated against.  Yet a 5-4 Right Wing majority held that she should have sued within 180 days of the initial discriminatory conduct—even though she didn’t learn that she was being discriminated against for more than a decade.

The Court also closed the courthouse door in Riegel v. Medtronic, holding that patients injured by a defective medical device cannot sue for damages for violations of state common law if it was approved for marketing by the Food and Drug Administration and made to the agency’s specifications.  To reach this result, the Court had to interpret a federal law in a manner directly contrary to how its Senate sponsor said it was intended.

Keith Bowles was yet another victim denied his day in court.  After Bowles was denied relief in federal district court, the judge informed him that he had 17 days to file an appeal.  Unbeknownst to him, the rules really gave him only 14 days.  So when Bowles, relying on the federal judge, filed on day 16, a narrow 5-4 Supreme Court majority said that he had filed too late.  In so doing, the Court majority overruled clear and principled precedent that protected people in his situation.  In dissent, Justice Souter correctly wrote that “it is intolerable for the judicial system to treat people this way, and there is not even a technical justification for this bait and switch.”

The danger from right-wing justices was clear in Boumediene v. Bush, a case related to the then-President’s claim of virtually unlimited executive powers to conduct the war on terror.  The case involved the constitutionality of the Military Commissions Act of 2006, which eliminated federal court jurisdiction over habeas corpus claims by certain foreign detainees.  The Court rebuked President Bush’s vision of the presidency as an office of limitless power and declared that the president of a free nation cannot simply lock people up and throw away the key like some third-world dictator.  Chillingly, with Chief Justice Roberts and Justices Alito, Scalia, and Thomas dissenting, the case was decided by a single vote, 5-4.  One more hard-right justice on the Court, and the decision would likely have gone the other way.

That’s why it’s crucial to have justices who are committed to our core constitutional values of justice and equality under the law.

It is of the utmost importance that Justice Souter be replaced by a powerful advocate for our Constitution—a justice in the mold of great jurists like Thurgood Marshall and William Brennan.  Our nation cannot afford anything less.

PFAW

Does the National Organization for Marriage want to overthrow the government?

If the National Organization for Marriage was attempting to position itself as a respectable group, they’ve been having a rough time of it lately.

First, they created the hilariously inept “Gathering Storm” ad which generated a blizzard of mockery.

Now, via Box Turtle Bulletin, we learn that they’ve announced that science fiction writer Orson Scott Card will serve on their board.

The problem?  He’s advocated the overthrow of the government as an appropriate response to pro-marriage equality decisions.

What these dictator-judges do not seem to understand is that their authority extends only as far as people choose to obey them.

How long before married people answer the dictators thus: Regardless of law, marriage has only one definition, and any government that attempts to change it is my mortal enemy. I will act to destroy that government and bring it down, so it can be replaced with a government that will respect and support marriage, and help me raise my children in a society where they will expect to marry in their turn.

Biological imperatives trump laws. American government cannot fight against marriage and hope to endure. If the Constitution is defined in such a way as to destroy the privileged position of marriage, it is that insane Constitution, not marriage, that will die.

One would like to believe that even NOM realizes that this kind of rhetoric is beyond the pale.  If so, they should be coming out with a statement disavowing Card’s views any minute now.  Or do they agree with him?

We’re waiting . . .

PFAW

Trouble Keeping Track of Ballot Initiatives?

Having trouble keeping your propositions straight? Ballotpedia to the rescue! 

The collaborative site is like Wikipedia for local propositions and initiatives, helping citizens of states with lots (and lots) of such measures up for consideration to learn about and keep track of them all.

See this table of California ballot measures for a good example of Ballotpedia's usefulness. You can see what each proposition is about and find links to arguments for or against each one.

(via Lifehacker)

 

PFAW

Full-Page NY Times Ad Stands Up to Right-Wing Smears and Shoddy Reporting

Anyone who watched last night’s debate should know that John McCain and his right-wing allies are going to outrageous lengths to smear the reputation of ACORN, a community organizing group which has registered hundreds of thousands of voters for the coming election. But many in the media – especially at Fox News and CNN – have failed the public.

People For the American Way is running a full-age ad (see below) in the New York Times in the coming days to call out the right-wing smears and the failure by many in the press to report the full story.

The truth is that there is no voter fraud problem. This is what the top election experts have consistently concluded. When Karl Rove aggressively pushed the Justice Department to investigate and prosecute voter fraud, they came up empty-handed. But all we seem to hear about from Fox and CNN is that Mickey Mouse was registered to vote.

There are already systems in place to catch petty voter registration fraud. It should be a non-issue. Meanwhile McCain and the RNC are using a handful of negligible but colorful examples to distract from the organized disenfranchisement of thousands, perhaps millions, of legally registered voters through so-called ballot security measures.

Learn more about those efforts here, read more about our ad here, and check out the ad here.

PFAW

Need to Brush Up on Your Wonk Lingo?

Luckily, the good folks at the ACLU have your back. They've just posted the concluding installment of "Congress-ese," a series of blog entries aimed at teaching you stuff about Congress you didn't learn in social studies class.

Find the answers to questions like:

PFAW

Governor Palin is Wrong; There's No Scientific "Debate" Over Evolution to Teach

Sarah Palin

As soon as news broke last Friday that Senator John McCain had chosen the relatively unknown governor of Alaska, Sarah Palin, as his running mate, a media scramble began to find out more about her. In the brief period since then, one of the most concerning things to come to light about someone who holds public office and aspires to higher office is her belief that creationism should be taught alongside evolution in public school science classes. As Palin has put it, "let kids debate both sides." This is a regurgitation of the right wing's "teach the debate" campaign. On the face of it, it sounds sort of benign, doesn't it? Give kids more information, let them decide? What could be wrong with that?

PFAW