Ted Cruz

Second day of Senate debate to #GetMoneyOut

When Senators returned to the floor on Tuesday for the second day of debate on the Democracy for All amendment, supporters continued to build a strong case for getting money out of politics, while the opposition ramped up its hyperbole.
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The Right Wing's Inflammatory Reaction to the Border Crisis

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As we’re dealing with the refugee crisis on the southern border, right-wing elected officials have amped up their inappropriate, inflammatory rhetoric to dehumanize immigrants and attack immigration reform:

  • Sen. Ted Cruz announced last week that his new “top priority”  in Washington is to end President Obama’s deferred action program for DREAMers and deport undocumented immigrants who came to the U.S. as children. While trying to soften his appearance by bringing teddy bears and soccer balls to children at the southern border, he proclaimed that “as long as that promise of amnesty is there, more and more children will come... We need to eliminate the promise of amnesty.”
  • Rep. Louie Gohmert claims children being held are a problem because “we don’t even know what all diseases they have” and added that our healthcare system “can’t withstand the influx,” which, he believes was orchestrated by President Obama to recruit millions of people to cast fraudulent ballots for Democrats.
  • Sen. David Vitter has “had it with undocumented immigrants,” and tweeted on Friday that “enough is enough.” To deal with the crisis, he introduced a bill that would “require mandatory detention for anyone” that is in the U.S. illegally, in order to get “illegal aliens on the next plane home.” (Mother Jones calculated that this effort would require more than 64,000 planes to actually work.)
  • Rep. Tom Tancredo shared a similar plan when he said that President Obama should “sign an executive order saying all these people ought to be returned. Put them on buses or planes, send them back to the countries from which they came and have the governments there take care of it.”
  • Sheriff Joe Arpaio of Maricopa County, Arizona, claimed that these unaccompanied minors from Central America are probably “gangbangers” and questioned why they are being sent to this county in the first place.

Of course, elected extremists aren’t the only ones making outrageous statements:

  • The Minuteman Project’s Jim Gilchrist said this crisis is “part of a concerted effort to transfer populations of Central America and Mexico into the United States using minor children, illegal immigrants under the age of 18, as human shields… to detour our ability to enforce our immigration laws.”
  • The American Family Association’s Sandy Rios suggested the child refugees should be quarantined like lepers used to be, harking back to “biblical times” when the “lepers were separated” because it was “understood that leprosy was so contagious.” Rios' fretted that these children are transported in the “same planes that you and I fly in… How do we know about lice and disease before they get on public transportation?”
  • Jody Hice, running to replace Georgia Rep. Paul Broun in the U.S. House, suggested that people take up arms in response to “a government that refuses to secure our borders” because “that is the reason we have a Second Amendment.”

The Right Wing's inflammatory rhetoric distorts the reality of the crisis, causing more conflict and damage.

PFAW

Ted Cruz Taken Down by Famous Law Prof Ewrin Chemerinsky on Democracy Amendment

Noted constitutional law scholar Erwin Chemerinsky took to the op-ed page of The Hill last week to utterly dismantle Senator Ted Cruz's outlandish arguments against the proposed constitutional amendment to undo the consequences of decisions like Citizens United.

In his not-so-subtly titled op-ed "Ted Cruz should be ashamed," he wrote that while it is reasonable for Congress to debate the merits of a proposed amendment, Cruz’s claims about how the amendment would affect Americans are outright lies and "have no place in an informed debate."

Here’s Dean of UC Irvine School of Law Erwin Chemerinsky:

In a statement to the Senate Judiciary Committee, Cruz declared: "This amendment here today, if adopted, would repeal the free speech protections of the First Amendment. . . . This amendment, if adopted, would give Congress absolute authority to regulate the political speech of every single American, with no limitations whatsoever."

Similarly, in an op-ed in the Wall Street Journal, Cruz said, the amendment "gives Congress power to regulate—and ban—speech by everybody." In remarks at the Family Research Council, Cruz declared: "What it [the proposed amendment] says is that politicians in Washington have unlimited constitutional authority to muzzle each and every one of you if you’re saying things that government finds inconvenient."

The amendment does nothing of the sort. It gives no authority to the government to ban or limit anyone's speech. It provides the government no power to "muzzle" messages the government doesn’t like. It does not change in any way the long-standing First Amendment principle that the government cannot restrict speech based on the content of the message or the views expressed. The amendment would do no more than allow the government to regulate spending in election campaigns.

Chemerinsky goes on to note that he has debated Cruz multiple times and knows that Cruz is "a person of great intelligence," who has had a distinguished legal career. Consequently, Chemerinsky concludes that Cruz's lies indicate that "he knows exactly what the proposed amendment would do and yet has chosen to vilify it by misrepresenting it."

Cruz responded to Chemerinsky in today’s The Hill, with an op-ed entitled “I did not lie.” Cruz accuses Chemerinsky of waging “personal insults” against him, and argues that Chemerinsky’s piece was invalid on a technicality, because he quoted from a slightly later iteration of the bill. Interestingly, Cruz’s response focuses far more on attacking Chemerinsky than on presenting – or clarifying – any valid argument against the constitutional amendment.

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Poll Confirms Majority Support for Immigration Reform, Explains GOP Obstruction

A survey released today by the Public Religion Research Institute and the Brookings Institution finds strong public support, across political and religious lines, for immigration reform that includes a path to citizenship for people now living in the country illegally.

When asked how the immigration system should deal with immigrants currently living in the country illegally, 62 percent of Americans favor allowing them a way to become citizens provided they meet certain requirements, 17 percent favor allowing them to become permanent legal residents but not citizens, and 19 percent favor identifying and deporting them.

A significant finding of the survey is that over the past four years, Americans went from evenly divided on the question about whether immigrants threaten American values or strengthen the country, to saying by an almost 20 percentage point margin that immigrants strengthen American society.

So why won’t the House of Representatives take up immigration reform?  The poll includes data that explains the lack of action from Republican leaders:  the party’s Tea Party base is the group most hostile to immigration reform, and white evangelical Protestants are the religious group most likely to favor mass deportation (30 percent) over a path to citizenship (48 percent) or other legal status (18 percent).

While a majority of Republicans, 51 percent, support a path to citizenship, about 30 percent of Republicans want to deport all immigrants living in the US illegally, compared to only 11 percent of Democrats.  Tea Party members are even worse, with as many Tea Party members supporting deportation as support a path to citizenship (37 percent). 

Also making action less likely in this election year are declining approval numbers for President Barack Obama, and a troubling lack of enthusiasm for voting in the mid-term elections among voters who most favor reform.  Latino voters and voters under the age of 30 are dramatically less likely than Republican leaning groups to say they are sure to vote this year: 30 percent for Hispanic voters and 24 percent for voters under 30, compared to 86 percent for Tea Party voters, 74 percent for seniors and 78 percent for Republicans.

The poll also demonstrates the influence of Fox News within the conservative movement and the GOP. Some 53 percent of Republicans said they trust Fox over any other news source: those Fox News Republicans are more than 20 percentage points more likely than other Republicans to say that immigrants today burden the country rather than strengthen it, and almost 20 percent less likely to support a path to citizenship.  There is a similar Fox effect among Independents.

One panelist commenting on the poll results was Robert Costa, a political reporter for the Washington Post, who said that when he or other political reporters are looking to get a comment from a Republican politician, they head to Fox News’s Washington bureau.  Costa said he sees obstacles to action on immigration reform next year, as the 2016 Republican presidential primary jockeying heats up, noting that Ted Cruz is pulling the party to the right on this and other issues.

PFAW

West Texas Judges Talk About the Need for More Judges

The Chief Judge, a visiting judge, and a former judge all agree that the Western District of Texas needs more judges to handle the heavy caseload.
PFAW

Severe Conditions in Texas Courts

Given the urgent need to fill district court vacancies in Texas, recommending nominees should be among Senators Cornyn and Cruz's top concerns.
PFAW

Will Texas Senators Help Delay 5th Circuit Judicial Nominee Gregg Costa?

Cornyn & Cruz should urge their GOP colleagues not to block a committee vote on a consensus nominee to fill a 5th Circuit judicial emergency.
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Video: PFAW President Discusses Rafael Cruz and Tea Party Extremism

Today, PFAW’s Right Wing Watch posted new footage of Sen. Ted Cruz’s father, Raphael Cruz, denying evolution, claiming that gay rights advances endanger children and warning that the United States government is controlled by Satan. These are only the most recent extremist comments from the senator’s father – a frequent campaign surrogate --- to come to light. Right Wing Watch previously exposed the elder Cruz’s promotion of anti-Obama conspiracy theories and Christian-Nation rhetoric, and last week Mother Jones posted videos of him saying that the president should go “back to Kenya.”

On Friday, PFAW President Michael Keegan joined Rev. Al Sharpton on PoliticsNation to discuss Rafael Cruz’s extremism and why it matters:
 

PFAW

Cruz Holds Up Government Over Good Government Measure

There is no shortage of senators opposed to the DISCLOSE Act. But while any of them will no doubt bloviate on why shining a light on campaign ad expenditures somehow limits free speech, junior Texas Senator Ted Cruz has taken his distaste for sunshine to a new level this month by holding the Federal Communications Commission hostage over the matter. Luckily, Sen. Cruz has folded, in part due to his dwindling stock among GOP leaders.

With two seats vacant on the FCC, the Senate Commerce committee held confirmation hearings this summer on candidates to fill the commission. While Michael O’Rielly, an advisor to Sen. Cornyn of Texas, faced a breezy nomination hearing in September, nominee Tom Wheeler’s June hearing grabbed media attention thanks to Sen. Cruz. Mr. Wheeler, a long time industry leader and President Obama’s nominee to chair the Commission, was asked by the senator for his thoughts on the FCC’s role in campaign ad disclosure. When Mr. Wheeler replied frankly that he did not know enough about the matter and could not answer, Sen. Cruz threatened to hold up the confirmation process until he was given a different answer.

Once the federal government reopened this month, the Senate was poised to pass the two nominees so that the FCC could handle its full docket of work. Then Sen. Cruz caused a new shutdown, this time blocking a unanimous consent confirmation vote for Mr. Wheeler because he wanted the presumptive chairman of the FCC to effectively set policy without the resources of the Commission at his disposal. With Mr. Wheeler’s vote tied to Mr. O’Rielly’s, the FCC was thus left without a chairman and its fifth commissioner. In the Senate, there are only two ways to overcome a hold like Sen. Cruz’s. The first is for the senator in question to remove his hold, while the other is to override the senator by way of a cloture vote requiring a supermajority of 60 votes.

Senate Majority Leader Harry Reid decided to call Sen. Cruz on his bluff Monday night. Sources have indicated that, given Sen. Cruz’s particularly vocal role in this month’s government shutdown,  he has little clout among his Senate GOP peers. With a losing cloture vote imminent, it looks like Sen. Cruz set up a meeting Tuesday with Mr. Wheeler to hash out the nominee’s thoughts on disclosure with the senator. Mr. Wheeler came out of the meeting saying that this move by the FCC was not a priority, which mollified the Texas statesman. It is worth noting that this does not mean the FCC won’t take up disclosure rules  for broadcasters airing political ads under a Wheeler chairmanship.

Sen. Cruz has regarded the FCC as an enemy in his anti-disclosure fight since March when Florida’s senior senator, Bill Nelson (who saw  almost $10 million spent against him by outside organizations last November), addressed the issue. Sen. Nelson pointed out during a Committee hearing (at the 2:06:35 mark) that the FCC must require full on-air disclosure of campaign ad sponsors, and that this was not limited to just the umbrella entity (see Section 73.1212 for the authorizing language’s full text). He went on to say that the Supreme Court looked approvingly on disclosure in its Citizens United decision. Sen. Cruz’s response was to call such a reading “overtly partisan,” and that it would “undermine the integrity of the Commission,” which he stressed is non-partisan (2:28:05).

Yes, Sen. Cruz called the FCC non-partisan, then turned around and used it as a partisan tool to lock the Senate up over the matter of campaign disclosure, all while trying to force an agency nominee to set policy before he steps foot in the door. 

Both Mr. Wheeler and Mr. O’Rielly got their Senate confirmation votes yesterday.

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