Barack Obama

What Kind of Justice Will We Vote for On Election Day?

President Obama's Supreme Court Justices respect the words and the values of the Constitution and deeply understand the law's impact on everyday Americans.
PFAW

On Every Issue, Vote the Court

We are seeing increasing recognition of the Supreme Court as a central and critical issue in the presidential election.
PFAW

Far Right Poised to Reverse a Century of Progress with Romney's Court

Far right scholars are eager for a Romney victory, because his Supreme Court would turn their cramped vision of the Constitution into reality.
PFAW

PFAW Ad Campaign Reaches out to Latino Voters

This week, the White House made public President Obama’s endorsement interview with the Des Moines Register’s editorial board. In the interview, the president is frank about what he thinks could be the deciding factor in this election – the votes of Latinos:

The second thing I’m confident we’ll get done next year is immigration reform. And since this is off the record, I will just be very blunt. Should I win a second term, a big reason I will win a second term is because the Republican nominee and the Republican Party have so alienated the fastest-growing demographic group in the country, the Latino community. And this is a relatively new phenomenon. George Bush and Karl Rove were smart enough to understand the changing nature of America. And so I am fairly confident that they’re going to have a deep interest in getting that done. And I want to get it done because it’s the right thing to do and I've cared about this ever since I ran back in 2008.

The president is right that as the United States’ Latino population has grown in recent years, the GOP has increasingly pushed Latinos aside. While John McCain and George W. Bush both to some extent supported bipartisan efforts at comprehensive immigration reform, Mitt Romney has embraced some of his party’s most extreme anti-immigrant rhetoric and policies. He touted the endorsement of Kris Kobach, the man behind draconian anti-immigrant measures in Arizona and Alabama, then took Kobach on as an adviser. He said he would veto the DREAM Act if it were to be passed by Congress. He says his immigration strategy is to make the lives of immigrants so miserable that they are forced to “self-deport.” He endorsed Steve King, the Iowa congressman who has compared immigrants to “cattle” and “dogs.”

Unsurprisingly, Latino voters haven’t been responding well to Romney’s record. Bush won 40 percent of the Latino vote in 2004, and McCain won 31 percent in 2008. Romney is currently polling at 20 -25 percent among Latinos.

Earlier this month People For the American Way launched a 5-week, $1.2 million campaign to remind Latino voters about Mitt Romney’s policies. We’re running TV ads in four states (Ohio, Wisconsin, Virginia and Nevada), radio ads in five (with the addition of North Carolina), and operating a direct mail program. Here are the three of the TV ads that we’ve run so far. English translations are available in the description of each video on YouTube.

“Somos El 47%”
 

“DREAM Act”
 

“Taxes”
 

UPDATE: On October 29, we expanded the campaign to Colorado.

PFAW

Obama Talks About the Supreme Court

The president discusses the consequences if the next Supreme Court justices are chosen by Mitt Romney.
PFAW

Debate Exposes Importance of Supreme Court to Working Women

The discussion of Lilly Ledbetter highlights the threat to working women that Mitt Romney's Supreme Court would pose.
PFAW

Supreme Court to Hear Arizona Voting Rights Case

The Supreme Court announced today that it will hear a critical voting rights case next year. Arizona has appealed a 9th Circuit decision that barred the state from requiring proof of citizenship from those registering to vote via a federally-approved registration form. Current federal law allows voters to register via federal form instead of a state-specific form. Those opting to do so must swear under penalty of perjury that they are citizens. Arizona’s law, which is currently stayed, would require voters using that form to jump over an extra hurdle to register, requiring them to show proof of their citizenship, a provision disproportionately affecting low-income and minority voters.

The AP explains:

The ruling applies only to people who seek to register using the federal mail-in form. Arizona has its own form and an online system to register when renewing a driver's license. The court ruling did not affect proof of citizenship requirements using the state forms.

Arizona officials have said most people use those methods and the state form is what county officials give people to use to register. But voting rights advocates had hoped the 9th Circuit decision would make the federal mail-in card more popular because it's more convenient than mailing in a state form with a photocopy of proof of citizenship.

The mail-in card is particularly useful for voter registration drives, said Robert Kengle of the Lawyers' Committee for Civil Rights Under Law, which is representing Native American and Hispanic groups in the case.

The conservative wing of the Supreme Court has been eager to challenge voting rights laws in recent years. In 2008, a 6-3 majority of the court upheld Indiana’s voter ID law, paving the way for suppressive voter ID measures throughout the country. The Court may also hear a challenge to section 5 of the Voting Rights Act, which requires federal preclearance for voting rights changes in states and counties with a history of discrimination at the ballot box. Successful court challenges to discriminatory voting law changes this year have shown just how essential that provision still is.

While the composition of the Supreme Court is unlikely to change before these cases are heard, they underscore the importance of federal courts in this election. Not only are federal courts the final protection we have against discriminatory voter suppression laws, the makeup of these courts is on the line in the presidential election. Either Mitt Romney or President Obama could pick up to three Supreme Court Justices and dozens of federal court judges in the next term. Romney has promised to appoint Justices like Antonin Scalia and Clarence Thomas, who have both signaled their hostility to voting rights. If he does, and the Court shifts farther to the right, we could see decades of progress for fair and free elections slip away.

PFAW

CitU Spending Overwhelmingly Benefits Romney

Since Labor Day, 70% of outside spending on the presidential race made possible by Citizens United has benefited Mitt Romney, according to a new analysis.
PFAW

Toobin Asks Candidates to 'Take a Stand' on Supreme Court. They Already Have.

On CNN’s website today, legal analyst Jeffrey Toobin laments out how small a role the Supreme Court has played in the presidential election so far. He writes:

With a little more than a month to go, it's not too late to ask the candidates to take a stand on their plans for the court. The president has already had two appointments, and he named Sonia Sotomayor and Elena Kagan. But what does Obama, a former law professor, think about the court? Does he believe in a "living" Constitution, whose meaning evolves over time? Or does he believe, like Justices Scalia and Thomas, that the meaning of the document was fixed when it was ratified, in the 18th century.

By the same token, what kind of justices would Romney appoint? Who are his judicial role models? Romney has praised Chief Justice John Roberts, but is the candidate still a fan even after the chief voted to uphold the ACA?

No one is asking these questions. But there are few more important things to know about our current and future presidents.

Toobin is absolutely right that the candidates’ plans for the Supreme Court deserve a lot more air time than they’re getting. But he’s wrong to suggest that we know nothing about what President Obama and Governor Romney have in mind for the Court.

President Obama has already picked two Supreme Court justices. Both, Sonia Sotomayor and Elena Kagan, have been strong moderates, balancing out the retro extremism of Justices Scalia and Thomas. When female Wal-Mart employees wanted to band together to sue their employer for pay discrimination, Sotomayor and Kagan stood on the side of the women’s rights, while Scalia and Thomas twisted the law to side with the corporation. When Justices Thomas and Scalia ruled that a woman harmed by a generic drug couldn’t sue the drug’s manufacturer in state court, Justices Sotomayor and Kagan stood up for the rights of the consumer.

Mitt Romney obviously hasn’t had a chance to pick a Supreme Court justice yet, but he’s given us a pretty good idea of who he would choose if given the opportunity. On his website, Romney promises to “nominate judges in the mold of Chief Justice Roberts and Justices Scalia, Thomas, and Alito.” After the Supreme Court’s ruling in the health care reform case, Romney announced he had changed his mind about Roberts, who declined to destroy the law while still writing a stunningly retrogressive opinion redefining the Commerce Clause.

And, of course, Romney sent a clear signal to his conservative base when he tapped Robert Bork to advise him on legal and judicial issues. Bork’s record, and what he signals about Romney’s position on the Supreme Court, is chilling:

Romney’s indicated that he would want the Supreme Court to overturn Roe v. Wade. He’s even attacked the premise of Griswold v. Connecticut, the decision that prohibited states from outlawing birth control by establishing a right to privacy.

Yes, the candidates should be made to answer more questions about their plans for the Supreme Court and the lower federal courts. But there’s a lot that we already know.

(For more, check out PFAW’s website RomneyCourt.com.)

PFAW

President Obama voices his support for a constitutional amendment

Two days ago, President Obama sat down for a live “Ask Me Anything” session on the popular social news website Reddit. Of the ten questions President Obama was asked, one pertained to money in the politics:

What are you going to do to end the corrupting influence of money in politics during your second term?

Although not specifically asked about the amendment strategy, President Obama raised the issue in his answer:

Money has always been a factor in politics, but we are seeing something new in the no-holds barred flow of seven and eight figure checks, most undisclosed, into super-PACs; they fundamentally threaten to overwhelm the political process over the long run and drown out the voices of ordinary citizens. We need to start with passing the Disclose Act that is already written and been sponsored in Congress - to at least force disclosure of who is giving to who. We should also pass legislation prohibiting the bundling of campaign contributions from lobbyists. Over the longer term, I think we need to seriously consider mobilizing a constitutional amendment process to overturn Citizens United (assuming the Supreme Court doesn't revisit it). Even if the amendment process falls short, it can shine a spotlight of the super-PAC phenomenon and help apply pressure for change. [Emphasis added]

President Obama already had, through spokespeople, acknowledged his support of constitutional remedies to overturn Citizens United; he had not however done so himself, until now. The very fact that the sitting U.S. President is speaking seriously about the use of constitutional remedies to overturn Citizens United shows how far the movement has come. The movement has clearly made its move to the mainstream.

To date, here is what PFAW and our allies have accomplished:

- 1,951 public officials are now in support of constitutional remedies

- 96 House Representatives; 29 Senators

- 14 amendment resolutions introduced in the 112th Congress

- Over 275 cities and towns have passed resolutions supporting an amendment

- 7 State Legislatures have passed resolutions (HI, NM, VT, MD, RI, CA, and MA)

PFAW

People For Raises Awareness of the 'Romney Court' on Sotomayor Anniversary

PFAW Activists Rally Outside Romney Headquarters in Greentree, PA

Yesterday marked the 3rd anniversary of Sonia Sotomayor officially assuming her office as Associate Justice of the Supreme Court of the United States. People for the American Way, in partnership with other progressive organizations including NARAL and the AFL-CIO, marked the occasion with activists on the ground in the key states of Ohio and Pennsylvania.

At a campaign event in Colorado yesterday, President Obama underscored the importance of the election for its impact on the future of the court.

Today is the three-year anniversary of Sonia Sotomayor taking her seat on the Supreme Court. Yesterday was the two-year anniversary of Elena Kagan taking her seat on the Supreme Court. So let's be very clear -- the next President could tip the balance of the Court in a way that turns back the clock for women and families for decades to come. The choice between going backward and moving forward has never been so clear.

People For president Michael Keegan also laid out the stakes in the Huffington Post.

President Obama’s decisions to nominate Justices Kagan and Sotomayor prove his commitment to selecting qualified jurists and building a more representative and inclusive court that respects the Constitution and the rights of every American. Mitt Romney’s decision to turn to ultra-conservative judge Robert Bork for judicial counsel is a clear signal that he would only appoint far-right figures to the Supreme Court, judges that are even further to the right than Samuel Alito and Antonin Scalia.

It’s difficult to imagine a more conservative court than the one we have now, but that’s exactly what a Romney presidency would bring. With critical issues such as reproductive rights, voting rights, LGBT rights, campaign finance, and worker protections almost certain to come before the court next presidential term, stakes have never been higher.

For more on Mitt Romney’s dangerous vision for the Supreme Court, visit Romneycourt.com.

Yesterday, PFAW avtivists were featured on Ohio Public Radio:

 

ONN Tv,

and Ohio Capital Blog:

PFAW

A Sotomayor or a Bork? The Decision Is Ours in November

This post originally appeared in the Huffington Post.

Three years ago today, the first Supreme Court confirmation battle of Barack Obama's presidency came to an end. Justice Sonia Sotomayor took the oath of office on August 8, 2009, after enduring days of hearings at which she had been lambasted by Senate Republicans for such offenses as calling herself a "wise Latina" and acknowledging, like many male nominees before her, the shocking fact that her life experiences had shaped her perspective on the law.

In the three years since, I've been relieved to have Justice Sotomayor on the Court. I haven't agreed with all her decisions, but she has shown time and again that she understands how the Constitution protects our rights -- all of our rights. In 2010, she dissented to the Court's disastrous Citizens United decision, which twisted the law and Constitution to give corporations and the super wealthy dangerous influence over our elections. In 2011, she joined the four-justice minority that stood up for the rights of women Wal-Mart employees who were the victims of entrenched sex discrimination. This year, she was part of the narrow majority that upheld the Affordable Care Act, saving a clearly constitutional law that is already helping millions of Americans receive health care coverage.

Over and over again in the past years, the Supreme Court has split between two very different visions of the law and the Constitution. On one side, we have justices like Sotomayor who understand how the Constitution protects all of our rights in changing times. On the other side, we have right-wing justices like Clarence Thomas and Samuel Alito, who are determined to walk back American progress, turn their backs on the values enshrined in the Constitution, and ignore decades of our laws and history. On issues from voting rights to women's equality to environmental regulation, Americans' rights are being decided by the Supreme Court -- often by a single vote. Even the decision to uphold health care reform, in which Chief Justice John Roberts joined Sotomayor and the three other moderates on the court, would not have been as close as it was if the Court had not moved steadily to the right.

November's presidential election will be a turning point for the Supreme Court. The next president will likely have the chance to nominate at least one Supreme Court justice, setting the course of the Court for decades to come. President Obama has shown his priorities in his picks of Justice Sotomayor and Justice Elena Kagan.

Mitt Romney has a very different vision for the Supreme Court. Campaigning in Puerto Rico earlier this year, Romney bashed Sotomayor -- who also happens to be the first Hispanic Supreme Court justice and the Court's third woman ever. Instead, he says he'd pick more justices like Thomas, Alito and Antonin Scalia, the core of the right-wing bloc whose decisions are systematically rolling back Americans' hard-won rights. He used to say that he'd pick more Justices like Chief Justice Roberts, but changed his mind when Roberts ruled in favor of the health care reform plan similar to the one that Romney himself had helped pilot in Massachusetts.

So who would Romney pick for the Supreme Court? We've gotten a hint from his choice of former judge Robert Bork as his campaign's judicial advisor. Bork's brand of judicial extremism was so out of step with the mainstream that a bipartisan majority of the Senate rejected his nomination to the Supreme Court in 1987. Bork objected to the part of the Civil Rights Act of 1964 that desegregated lunch counters; he defended state laws banning birth control and "sodomy"; he was unabashedly in favor of censorship; he once ruled that a corporation could order its female employees to be sterilized or be fired. And, though it might not seem possible, since his confirmation battle Bork has gotten even more extreme.

Any justice appointed by Romney would likely fall in the footsteps of Bork in undermining workers' rights, eliminating civil rights protections, siding with corporations over the rights of individuals, threatening women's reproductive freedom, and rolling back basic LGBT rights. President Obama, on the other hand, has promised to pick more justices who share the constitutional values of Justice Sotomayor.

Three years into the term of Justice Sotomayor, the Court hangs in the balance. It's important that we all know the stakes.

PFAW

President Obama: A Romney Court Could ‘Turn Back the Clock for Women and Families for Decades’

Speaking at a campaign event in Colorado today, President Obama laid out the crucial importance of the Supreme Court in November’s election:

Today is the three-year anniversary of Sonia Sotomayor taking her seat on the Supreme Court. Yesterday was the two-year anniversary of Elena Kagan taking her seat on the Supreme Court. So let's be very clear -- the next President could tip the balance of the Court in a way that turns back the clock for women and families for decades to come. The choice between going backward and moving forward has never been so clear.

The choice has never been so clear. In the Huffington Post today, People For president Michael Keegan lays out what’s at stake as we pick the man who will pick our next Supreme Court justices:

So who would Romney pick for the Supreme Court? We've gotten a hint from his choice of former judge Robert Bork as his campaign's judicial advisor. Bork's brand of judicial extremism was so out of step with the mainstream that a bipartisan majority of the Senate rejected his nomination to the Supreme Court in 1987. Bork objected to the part of the Civil Rights Act of 1964 that desegregated lunch counters; he defended state laws banning birth control and "sodomy"; he was unabashedly in favor of censorship; he once ruled that a corporation could order its female employees to be sterilized or be fired. And, though it might not seem possible, since his confirmation battle Bork has gotten even more extreme.

Any justice appointed by Romney would likely fall in the footsteps of Bork in undermining workers' rights, eliminating civil rights protections, siding with corporations over the rights of individuals, threatening women's reproductive freedom, and rolling back basic LGBT rights. President Obama, on the other hand, has promised to pick more justices who share the constitutional values of Justice Sotomayor.

To learn more about Mitt Romney's dangerous vision for the Supreme Court, visit www.RomneyCourt.com.

 

PFAW

Mitt Romney and America’s “Anglo-Saxon Heritage"

Mitt Romney traveled to Europe last night, and flew right into a political mess. Romney’s campaign is running away fast from a comment made by one of the candidate’s foreign policy advisers to Britain’s The Telegraph:

One of his advisers told Britain’s Daily Telegraph on Tuesday that Romney is better positioned than President Obama to foster a strong relationship with the U.K. because of his "Anglo-Saxon" connection to the country. "We are part of an Anglo-Saxon heritage, and he feels the relationship is special," the unnamed aide said of Romney. "The White House didn’t fully appreciate the shared history we have."

The accusation that President Obama doesn’t appreciate America’s “Anglo-Saxon heritage” is a barely veiled racist attack against the president, not to mention the millions of Americans who are not descended from ancient Britons. Newt Gingrich was getting at the same thing when he accused the president of having a “Kenyan, anti-colonial” worldview. Mike Huckabee was too when he said Obama grew up near “madrassas” rather than “going to Boy Scout meetings.”

Unsurprisingly, the Romney campaign is now denying that the words were ever said (though they won’t specify by whom they were not said, nor have they asked for a retraction). I hope they’re telling the truth: the comment was massively offensive, and shouldn’t be coming from anywhere near a major political campaign. But the Romney campaign’s denials aren’t really letting the candidate off the hook. That sort of comment calls for a strong rebuke, not just a tepid denial.

But I’m not holding my breath. After all, when another Romney surrogate, former George H.W. Bush chief of staff John Sununu said the president needs to "learn how to be an American" – another appeal to the popular right-wing idea that the president is some sort of foreign imposter – Sununu attempted to walk back his own comment, but the campaign was silent.

As it happens, Romney is in a similar situation with another of his foreign policy advisers, former Bush administration official John Bolton who went on anti-Muslim activist Frank Gaffney’s radio show yesterday to defend Rep. Michele Bachmann’s attacks on Muslim-Americans working for the U.S. government. Bolton’s comments set him apart from prominent Republicans including John McCain and John Boehner, who have rebuked Bachmann’s witch hunt. Yet Romney, who apparently will be only appearing for photo ops in London tomorrow, hasn’t said a word.

PFAW

Don’t Forget Who John Roberts Is

Add this to the good news/bad news mix from the Supreme Court's healthcare decision: Because of the good news (Chief Justice Roberts voted to uphold the constitutionality of the Affordable Care Act), we get the bad news that his standing among the nation's Democrats has significantly increased. This collective amnesia about who John Roberts is and what he has done is disturbing, especially since the direction of the Court is one of the most important issues upon which Democrats should be voting in November.

A new Gallup Poll shows wild fluctuations in Democrats and Republicans' assessment of Chief Justice John Roberts since their last poll in 2005, a change Gallup attributes to his role in upholding the Affordable Care Act. Roberts' approval rating among Republicans has plummeted 40 percentage points from 2005, falling from 67% to 27%. In contrast, his favorability among Democrats has risen from 35% to 54%. That the healthcare decision is a catalyst of this change is supported by a PEW Research Center poll last week showing that between April and July, approval of the Supreme Court dropped 18 points among Republicans and rose 12% among Democrats.

Yes, John Roberts upheld the ACA, but only as a tax. At the same time, he agreed with his four far right compatriots that it fell outside the authority granted Congress by the Commerce Clause, leaving many observers concerned that he has set traps designed to let the Court later strike down congressional legislation that should in no way be considered constitutionally suspect. He also joined the majority that restricted Congress's constitutional authority under the Spending Clause to define the contours of state programs financed with federal funds.

Just as importantly, Roberts's upholding the ACA does not erase the past seven years, during which he has repeatedly been part of thin conservative majority decisions bending the law beyond recognition in order to achieve a right wing political result. John Roberts cast the deciding vote in a number of disastrous decisions, including those that:

Oh, and then there's that little 5-4 Citizens United opinion that has upended our nation's electoral system and put our government up to sale to the highest bidder.

With a rap sheet like that – and this is hardly a complete a list – no one should be under the illusion that John Roberts is anything but a right-wing ideologue using the Supreme Court to cement his favorite right-wing policies into law.

Next term, Roberts is expected to lead the judicial front of the Republican Party's war against affirmative action and the Voting Rights Act. Whether he succeeds may depend on whether it is Mitt Romney or Barack Obama who fills the next vacancy on the Supreme Court.

PFAW

Waking up from the Nightmare

Although the DREAM Act seemed to remain a dream after being blocked by Senate Republicans in 2010, the Obama administration has recently taken steps to make staying in the United States a reality for thousands of young undocumented immigrants.

Last Friday, President Obama announced a new policy directive to allow undocumented immigrants under the age of 30 to apply for a two-year, renewable work permit if they met an array of criteria, including arriving to the United States before the age of 16, and are in high school, graduated from high school, or were honorably discharged from the armed forces. The plan doesn’t grant amnesty or a road to citizenship; but as the president stated, it is a “temporary solution” and “the right thing to do.”

This decision will positively impact up to 800,000 law-abiding, hard-working Americans who have until now lived in constant fear of deportation. One such DREAMer is 26 year-old Mohammad Abdollahi, who immigrated to this nation at the age of three from Iran. His family’s visa soon expired and was not renewed. Not only has Mohammad had to live the majority of his life in fear of deportation, but the price of being sent back to Iran was incredibly high. Mohammad is openly gay and due to Iran’s policy of capital punishment towards gay individuals, his deportation could be a death sentence.

With his life literally on the line, and running out of options, Mohammad became one of the first students to come out as undocumented in an attempt to pressure congress to pass the DREAM Act in 2010. Although the act didn’t pass, he hasn’t given up the fight. When President Obama made this historic announcement last week, Mohammad was occupying an Obama re-election office in Deerborn, Michigan as a symbolical plea directed towards the president to take action. This change in policy ends this nightmare for Mohammad and so many other DREAMers like him.

In his address in the Rose Garden, President Obama stated, “We are a better nation than one that expels innocent young kids.” Sadly, it seems many Republicans in Congress don’t share this value. After the announcement, Republican House Judiciary Committee Chairman Lamar Smith of Texas claimed, "President Obama's decision to grant amnesty to potentially millions of illegal immigrants is a breach of faith with the American people…It also blatantly ignores the rule of law that is the foundation of our democracy.”

Not only is Rep. Smith just flat wrong to claim that the plan grants “amnesty,” he appears to believe that the foundation of our democracy requires ridding our nation of young, productive and patriotic members of society. Republicans should wake up and embrace this change as an opportunity to finally be a part of a more permanent solution.

PFAW