Fighting the Right

Biased Critiques of Sotomayor's "Judicial Temperament"

Amid questioning concerning her supposed “aggressive” judicial temperament and “bullying” courtroom demeanor, Judge Sotomayor today emerged from the tussle of the hearings a composed and careful speaker, unwilling to let pointed critiques ruffle her feathers.

Senator Lindsey Graham read comments by attorneys -- as collected in the Almanac of the Federal Judiciary -- that referred to Judge Sotomayor as “temperamental” and “excitable.” However, Senator Graham’s statements that followed took on a decidedly patronizing tone, as he recommended the judge see the confirmation hearings as a time for self-reflection during which she should reconsider her courtroom behavior.

Would Graham have had the same critique of a male nominee? One whose demeanor was overtly hostile at times?

Says the L.A. Times: “[B]eing tough on advocates is de rigeur for the Supreme Court. Lawyers there often barely begin their presentations before they are interrupted by one of the justices. Being able to survive that sort of intense questioning and still deliver your argument is viewed as a badge of honor. If anyone ever asked Antonin Scalia if he had a temperament problem, he'd probably readily agree -- and be proud of it.”

PFAW

An Interesting Op-Ed Analyzes Republican Outrage at Sotomayor’s “Wise Latina” Remark

The first day of Judge Sotomayor’s confirmation hearings was replete with opening statements from Republican Senators expressing their concerns about her 2001 “wise Latina” remark: “I would hope that a wise Latina woman, with the richness of her experiences, would more often than not reach a better conclusion than a white male who hasn't lived that life.”

Conservative commentators have latched onto the statement, but Eugene Robinson’s op-ed in the Washington Post today unpacks what their objections imply.

Republicans' outrage, both real and feigned, at Sotomayor's musings about how her identity as a "wise Latina" might affect her judicial decisions is based on a flawed assumption: that whiteness and maleness are not themselves facets of a distinct identity. Being white and male is seen instead as a neutral condition, the natural order of things. Any "identity" -- black, brown, female, gay, whatever -- has to be judged against this supposedly "objective" standard.

Thus it is irrelevant if Justice Samuel A. Alito Jr. talks about the impact of his background as the son of Italian immigrants on his rulings -- as he did at his confirmation hearings -- but unforgivable for Sotomayor to mention that her Puerto Rican family history might be relevant to her work.

It is highly likely that this “wise Latina” remark will be the focal point of questions Judge Sotomayor will face from some members of the Senate Judiciary Committee this week.

PFAW

Indefinite Detention: Wrong Under Bush, Wrong Under Obama

For some people in Guantanamo Bay who are found not guilty in a court of law for whatever they are eventually put on trial for, the Obama Administration is floating the idea of keeping them in "indefinite detention" anyway. According to the Washington Post:

Guantanamo Bay detainees who are acquitted by civil or military courts may still be imprisoned indefinitely if the government determines that they pose a national security threat, the Defense Department's chief lawyer said yesterday. "The question of what happens if there's an acquittal is an interesting question -- we talk about that often within the administration," Pentagon general counsel Jeh Johnson said at a Senate hearing. "If, for some reason, he's not convicted for a lengthy prison sentence, then, as a matter of legal authority, I think it's our view that we would have the ability to detain that person," he said.

Reading this sends a chill down my spine. We are a country governed by law, and we cherish our liberty. The United States Constitution establishes a number of safeguards to limit the government's ability to use its awesome power to simply lock people away. That's why we have trials. That's why we have juries. That's why we prevent the police from beating confessions out of people. That's why we give defendants the right to cross-examine those testifying against them. And when the government loses at trial and a person is found not guilty, our liberty is further protected by the Constitution's prohibition of double jeopardy.

Our nation's founders knew that the system wouldn't be perfect, but they recognized that protecting the rights of all people - even bad people - is what liberty is all about.

An LA Times editorial put it simply two years ago, when President Bush proposed the same idea as the one currently being discussed: "[A]n acquittal must mean more than a return trip to a prison cell."

Just because it would be Barack Obama and not George Bush holding the prison door key does not make this any less of a threat to America's constitutional principles.

PFAW Foundation

James von Brunn Finds Inspiration from the Work of Other White-Supremacists

James von Brunn, the 88 year old man who opened deadly gun fire on D.C.’s Holocaust Museum yesterday, was a member of multiple anti-Semitic groups. During his time living in Hayden, Idaho, von Brunn became a member of Aryan Nations, run by the late Richard Butler. As our archives show, Butler was no one to be admired, and his opinion editorial published in the USA Today (pdf) in 1985 shows the true hate this man possessed.

The right to self-preservation for the individual, or of a racial nation composed of individuals, is an inalienable, fundamental right. Therefore, our white or Aryan nation has a right and is under an obligation to preserve itself and its members.

The “we the people” in the Constitution’s preamble were and are the Aryan or white race of people who became the lawful de jure citizens of this new national state for our race.

The views of Butler and the actions von Brunn show how easily hateful words can turn into deadly violence.
 

PFAW Foundation

PFAWF’s Sharon Lettman on Rev. Byron Williams Radio Show Today at 1 PM

People For the American Way Foundation’s Sharon Lettman will be on Rev. Byron Williams’ Radio Show on Blogtalkradio.com to discuss the African American Ministers Leadership Council and the work the organization does around civic participation, economic justice, equal justice, health care, and public education.  Tune in here at 1 pm EDT for the hour long show – and be sure to call-in with questions. 

 

 

 

PFAW Foundation

Torturing the Rule of Law

Newsweek is reporting:

Over objections from the U.S. intelligence community, the White House is moving to declassify—and publicly release—three internal memos that will lay out, for the first time, details of the "enhanced" interrogation techniques approved by the Bush administration for use against "high value" Qaeda detainees. The memos, written by Justice Department lawyers in May 2005, provide the legal rationale for waterboarding, head slapping and other rough tactics used by the CIA. One senior Obama official, who like others interviewed for this story requested anonymity because of the issue's sensitivity, said the memos were "ugly" and could embarrass the CIA. Other officials predicted they would fuel demands for a "truth commission" on torture.

Torture and the other illegal activities approved at the very highest levels of the Bush Administration must be exposed to the public for a simple reason: sweeping officially-sanctioned lawbreaking under the rug is dangerously corrosive to the rule of law.  After all, if one president can get away with illegal behavior without any consequences, what’s to prevent another president from doing the same?

America will have more presidents, good and bad, and letting the malefactors of the Bush Administration off the hook can only encourage future criminal abuses of authority.

We must have full accountability for what happened during the Bush era.
 

PFAW

Obama Rebukes Radical Right on Stem Cells

The week started on a very positive note Monday morning with President Obama signing an executive order to overturn the ban on federal funding of embryonic stem cell research. It was a great step toward "restoring scientific integrity to health care policy," as one administration official phrased it. But it was a somewhat bittersweet for me as I remembered Christopher and Dana Reeve, who were such amazing champions for this issue and unfortunately passed away before being able to enjoy the moment. In fact, the order came only three days after the third anniversary of Dana's death on March 6.

When he died, Christopher Reeve was scheduled to participate in the upcoming edition of Justice Talking, a talk radio show I produced before a live audience at the Constitution Center in Philadelphia. His wife Dana joined us for the event. Both Christopher and Dana were very active with many progressive causes and organizations including People For the American Way.

Despite the scientific and medical communities' optimism about the cures embryonic stem cell research might produce and significant majorities of Americans supporting this research, the reaction of the Right's anti-choice zealots was less than jubilant. From Right Wing Watch:

"As expected, President Barack Obama overturned the Bush administration ban on using federal funds for embryonic stem cell research.  Needless to say, the Religious Right is livid: FRC called it a 'slap in the face'; Gary Bauer called it 'a tragedy'; Operation Rescue called it 'morally, unethical and fiscally irresponsible'; and others weighed in as well."

But perhaps the most absurd response was the comparison of stem cell research to eugenics by Fox News' Glenn Beck. Of course, right-wing talk show hosts crossing the line on this issue is nothing new. We can all remember Rush Limbaugh's sick attack on stem cell research advocate Michael J. Fox and his cruel mocking of the actor's Parkinson's disease symptoms. Limbaugh has long been part of the Right's misinformation campaign about this important scientific research.

The new administration's policy is a great step towards correcting our nation's path, not only because it's a victory for science and the economic competitiveness and medical breakthroughs this biotechnology can yield. It also marks a much-needed departure from the Religious Right being able to shove its views down the throats of all Americans via federal policy.

PFAW

Republican Silence in the Face of More Rush Outrage

Rush Limbaugh is at it again, this time with his glaringly offensive - and tasteless - reference to Senator Kennedy's health. I'm sure you've seen the comment:  "Before it's all over, it'll be called the Ted Kennedy memorial health care bill."  Well, Politico's just up with this post about the deafening silence so far from the GOP's top leaders:  House Minority Leader John Boehner, Senate Majority Leader Mitch McConnell, and RNC Chair Michael Steele: http://www.politico.com/blogs/glennthrush/0309/GOP_silent_on_Rushs_Kennedy_slap.html?showall  Wonder when -- or, more likely,  if -- we'll ever hear anything from these folks?

PFAW

The Right Re-Tools as 'Resistance Movement'

Another week, another clear example of who is pulling the strings in the Republican Party. On Monday, Republicans in the Senate -- all 41 of them -- sent a letter to President Obama all but demanding that he re-nominate three of President Bush's nominees and threatening filibusters if the president does not do what they want with his future judicial nominations.

It was only a few years ago that the GOP wanted to eliminate the judicial filibuster entirely, telling anyone who would listen that every judicial nominee deserved an up-or-down vote without exception. Apparently, the Senate Republicans have the collective memory of a goldfish.

Of course, these senators' attempt to force "bipartisanship" at gunpoint, to coerce the president with threats, is one giant pander to their extreme right-wing base. The Far Right wants to maintain conservative majorities on the most powerful courts in the country. And they want senators to do everything in their power to block judges that don't meet their strict litmus tests on everything from Roe v. Wade and gay rights to free speech and the separation of church and state -- and much more.

This is one more example in a long list of the GOP marching in lockstep to the Radical Right's orders in just the last few weeks:

  • In the spirit of Rush Limbaugh's clarion call to conservatives to hope for President Obama's failure, 100% of the Republican caucus in the House voted against the majority's stimulus package last month.
  • Some Senate Republicans have been following through on the Radical Right's challenges to the president's Department of Justice nominees, this week moving to delay a floor vote on the confirmation of David Ogden.
  • And earlier this week, RNC Chairman Michael Steele was forced apologize to the real leader of his party after making some comments seen as critical of Rush Limbaugh -- proving that Limbaugh and other extremists are calling the shots within the party.

People For the American Way just released a very timely Right Wing Watch In Focus on the status of the Radical Right's strength and influence (available here). Please read it and share it with your friends and fellow activists.

There has been much talk in the media about the Republican Party and even the Conservative Movement being lost in the wilderness. But the leadership vacuum is being filled with the most fringe elements of that side of the political spectrum. The Far Right is stronger than ever ... and the weakness of one of the major parties has provided a huge opportunity for them to assert that strength.

AND we've released our own take on Limbaugh's recent comments which is a must watch. Please take a moment to watch the video and then send a message to Rush telling him to GROW UP. Then tell your friends to check it out at www.BabyRush.org.

PFAW

Rush's Greatest Hits

I couldn’t resist the urge to get in on the rush. (I know, I know.) The latest in the Limbaugh saga: he’s invited President Obama on his show for a “one-on-one debate of ideas and policies.” Although I suspect President Obama would never entertain Rush’s tomfoolery, I thought I’d compile some of Rush’s greatest hits, as recorded by PFAW Foundation’s Right Wing Watch, in case such a conversation were to ever take place. Besides, a little oppo research never hurt – although I’m certain there’s plenty of folks on the job.

Following Katrina, Limbaugh criticized what he described as “entitlement mentality” in New Orleans. Several right-wing think tanks, pundits, and lawmakers followed Rush’s lead with offensive comments.
 
Back in 2006, Media Matters caught Rush Limbaugh blaming the liberal government and UNICEF for the obesity crisis. Limbaugh accused the Bush Administration of “killing the poor with too much food.” 
 
The GOP’s mouthpiece has also encouraged Republicans to deliberately disenfranchise voters: 
I mean, you take a look at the average Democrat voter registration drive, you can take for every hundred thousand voters they register, the cumulative IQ would probably be less than a pencil eraser. So when it comes time for the election, half of them can be fooled in saying, "No, it's not Election Day. It's tomorrow, Wednesday." And they show up on Wednesday to vote when the polls are closed, and the Democrats claim a trick has been played on them. That's how stupid some of their voters are.
More Right Wing Watch hits on Rush available here, if you can even stomach this much Rush. Somehow, I think you get the point.

 

 

PFAW Foundation

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