Marge Baker

The Substance of the Kagan Hearings

Many viewed it as a foregone conclusion that Elena Kagan’s Supreme Court confirmation hearings would lack any real discussion of law and the Constitution. In fact, People For’s Marge Baker argues in a new memo, Kagan’s hearings were more substantial than any in recent memory. Kagan politely but decisively refused to buy into empty conservative rhetoric, and laid out a strong view of the limited, but not simple, role of the courts in a democracy:

Kagan said a great deal about how judges should approach Congressional statutes and argued for significant deference to legislators and reluctance to strike down federal law. Even when invited to take on straw men (like Senator Coburn’s fruits-and-vegetables line of questioning) she went to great lengths to describe the latitude that Congress should be allowed, even pointing to Justice Holmes, approvingly noting that he “hated a lot of the legislation that was being enacted during those years, but insisted that if the people wanted it, it was their right to go hang themselves.”

In applying laws passed by Congress, she emphasized looking at Congressional intent and examining the Congressional record—approaches very much at issue in cases like Ledbetter and Citizens United. Her testimony made an unmistakable argument both for the importance of judges’ responsibility to uphold the Constitution and for the limits of what judges should do.

We’ve put together a collection of some of the most interesting moments from the hearings. Here, Kagan takes down Chief Justice Roberts’ flawed judge-as-umpire analogy:

Click here to watch our top ten favorite clips from the hearings.
 

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Dawn Johnsen Heads Back to Indiana

“The one thing you don’t want people saying at your funeral is, ‘She went to her grave with her options open.’” That’s Dawn Johnsen, in a recent speech at the American Constitution Society, proudly declaring that she has no regrets for standing on her principles throughout her legal career, even those principles were used by the GOP to attack and eventually defeat her nomination to head the Justice Department’s Office of Legal Counsel.

Today, NPR’s Morning Edition produced a great segment on Johnsen (including some commentary from People For’s Marge Baker).

You can listen to the whole thing on NPR’s website.

Johnsen withdrew her nomination in April after spending well over a year in nomination limbo, attacked from the right over her history of supporting a woman’s right to choose and opposing Bush Administration torture policies. She was, to say the least, highly qualified. It’s a testament to her integrity that she has refused to back down from any of her statements or principles—even those that didn’t prove to be politically expedient.
 

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Citizens United panel at America's Future Now! Conference

Last week at the America’s Future Now! Conference, People For’s Marge Baker participated in a panel called "Changing Citizens United and Fixing the Supreme Court." The panelists explained the negative impact of the Roberts Court’s corporate bias, the Citizens United decision, and the influence of big businesses on our elections. But don’t worry, they also outlined all the things we can do about it: legislate change, fix the courts, and, most importantly, work towards amending the Constitution.

Check out some highlights from the panel:


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PFAW and AAMIA tell Congress: Repeal DADT

People For the American Way and African American Ministers in Action wrote to Congress today urging repeal of Don’t Ask, Don’t Tell. Votes are imminent in both the House and Senate.

According to PFAW’s Michael B. Keegan and Marge Baker:

Don’t Ask, Don’t Tell runs counter to the honesty and integrity we associate with the armed forces, not to mention the values of equality and freedom of expression espoused by our Constitution. Repeal is necessary to restore these values. Until then, LGBT soldiers will have to lie and hide their true identity on a daily basis. Those who live openly and share information about their spouses, significant others, or dating life risk investigation and involuntary expulsion. Any statement that one is gay – to anyone, at any time, before or after enlistment – can be reason for discharge. Your life is a constant liability to your career when you are gay in the military.

AAMIA’s Reverend Timothy McDonald, III and Reverend Dr. Robert P. Shine further explored the ideas of equality and open service.

The faith community will continue in faithful dialogue to address the questions of LGBT equality and recognition of same-sex relationships. However, one thing people of faith should and do recognize is the need to protect constitutional and civil rights of all Americans, especially those who are discriminated against because of who they are. LGBT individuals are ready and willing to step up, and have stood up to the challenge of military service. They share in the sacrifices made by their family, friends, and neighbors. They deserve to serve honestly and openly with dignity.

Please write or call your Representative now and tell him or her that you support repeal of Don’t Ask, Don’t Tell. Share the same message with your Senators if they are on the Armed Services Committee.

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PFAW and AAMIA tell House: Pass ENDA now

People For the American Way and African American Ministers in Action wrote to the House of Representatives today urging swift passage of the Employment Non-Discrimination Act – as a clean bill with no harmful amendments or motions to recommit. This follows last month’s joint statement by over 200 organizations demanding immediate action.

According to PFAW’s Michael B. Keegan and Marge Baker:

American principles of fairness and equal opportunity should be extended to all in the workplace. Passage of ENDA would be a major step in the right direction.

AAMIA’s Reverend Timothy McDonald further explored the idea of shared values.

If we’re going to build the beloved community that Dr. King spoke of, we must be conscious of discrimination, no matter where it rears its ugly head.  As African American ministers, we know what it takes to stand up against systemic oppression. It is in solidarity and love that we recognize the plight of others and support this struggle for the same protections.

We believe a committee vote is imminent, with a House floor vote not far behind. Please write or call your Representative now and tell him or her that you support the Employment Non-Discrimination Act.

Before I go, a special shout out to our friends at the National Center for Transgender Equality for their recent action calling on transpeople to seek employment at congressional offices as a way to demonstrate that transpeople need jobs and are determined to get them.

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The Greatest Hits of GOP Obstructionism

The Senate Rules Committee is holding a hearing tomorrow to discuss the history of the filibuster, as Democrats consider their options for limiting GOP abuse of stalling tactics.

People For’s Marge Baker just released a memo on some of the GOP’s most egregious abuses of filibuster threats in the current Congress. She writes:

Although the bulk of the news coverage on nominations has focused on a few nominees singled out for very public attacks by the GOP and right-wing activists, it’s the lower profile nominations that most clearly illustrate the Republicans’ “Party of ‘No’” strategy. In dealing with those nominees, the GOP has undertaken a relentless and irresponsible campaign of obstruction that has frustrated the timely confirmation of the President’s nominees and diverted critical time, energy, and focus from other, equally critical business of the Senate.

The cases that Baker outlines—like that of Circuit Court Judge Barbara Keenan, who waited 124 days for a Senate floor vote on her nomination, only to find that no Republican Senator actually objected to her taking a place on the court—are frustrating examples of purely political obstruction. There’s not a consensus on what to do about the filibuster, but it’s clear that the extent to which the GOP has been using it just to stall the business of government is stunning.
 

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Can the filibuster be fixed?

The threat of filibuster is holding up Senate business more than ever before, and Senators are at odds over whether to do away with or amend the rule that’s causing so much trouble.

People for Executive Vice President Marge Baker joined a panel yesterday at American University’s Washington College of Law to discuss what can be done to loosen up the gridlock in the deliberative body.

Baker, Washington Post columnist Ruth Marcus and Cato Institute scholar John Samples discussed several proposals that have been put forward to fix the filibuster problem, from limiting lawmakers to a “one bite” rule that would not permit filibusters of both motions to proceed to a bill as well as on the merits of the bill itself to reducing the number of votes needed to invoke cloture to scuttling the rule altogether. But they kept coming back to one point: what’s causing the gridlock isn’t the filibuster rule itself but its increasing use as an obstructionist tactic.

“The problem is not its existence; the problem is its overuse,” Marcus said.

People For the American Way has found that Republicans in the 111th Congress are holding up executive branch nominations at an unprecedented rate, and that they are more than ever invoking the cloture process to delay votes whose outcome they know they can’t change.

“It really is a problem. It really is causing government to break down,” Baker said, “The cloture vote is being used to an unprecedented degree, and the degree to which it’s being used primarily for obstruction, is really a serious problem.”

Here’s a look at the rate of cloture filings in the past 90 years:


And a look at filibuster threats to executive nominees from 1949 through March of 2010:

Senators Jeanne Shaheen and Tom Harkin have introduced a measure to phase out the filibuster in a series of steps, eventually ending in a Senate where votes can pass with a simple majority. Senator Tom Udall has proposed letting the Senate adopt new rules--and make a choice about the filibuster--at the start of every new Congress. But the solution may lie not in taking away the power of the minority to have some leverage in matters that are truly important (nobody likes that idea when they’re in the minority), but in limiting the situations where the filibuster can be used. Marcus suggested taking the option off the table for executive nominations, limiting its use in judicial nominations, and limiting the minority to one filibuster per law. Baker suggested changing the rule that provides for 30 hours of post-cloture debate before a matter can be voted on, which would save enormous time, particularly where the result is a foregone conclusion.

Though, whatever the form that filibuster rules take, I’m pretty sure we can count on the GOP to come up with creative ways to keep on stalling business.


Baker, Samples, Marcus, and moderator William Yeomans at American University's Washington College of Law

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Olympic Fever at People For

The Olympics begin today -- with some very personal excitement at People For. David Banks, the son of Executive Vice President Marge Baker, is competing on the U.S. Olympic rowing team in Beijing. I know many of us will be up in the wee hours cheering for David and the team, and looking for a glimpse of Marge and her family in the crowd. This year, American viewers of the Olympics can expect to see a lot of ads for our presidential candidates, bringing our domestic politics more noticeably into an event that always strikes me as a complicated mix of internationalist spirit and patriotic rooting for the home team. And here in the U.S. we'll go pretty much straight from the Olympics into the political parties' nominating conventions and into the final sprint toward Election Day.
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Olympic Fever at People For

The Olympics begin today -- with some very personal excitement at People For. David Banks, the son of Executive Vice President Marge Baker, is competing on the U.S. Olympic rowing team in Beijing. I know many of us will be up in the wee hours cheering for David and the team, and looking for a glimpse of Marge and her family in the crowd. This year, American viewers of the Olympics can expect to see a lot of ads for our presidential candidates, bringing our domestic politics more noticeably into an event that always strikes me as a complicated mix of internationalist spirit and patriotic rooting for the home team. And here in the U.S. we'll go pretty much straight from the Olympics into the political parties' nominating conventions and into the final sprint toward Election Day.
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