Alabama

The Supreme Court's 2014-2015 Term: PFAW Member Telebriefing

Yesterday, People For the American Way members participated in a telebriefing to discuss the Supreme Court’s upcoming term and to preview some of the important cases the Court will be hearing this year. The call was kicked off by PFAW President Michael Keegan and moderated by PFAW Director of Communications Drew Courtney. PFAW’s Senior Legislative Counsel Paul Gordon reviewed highlights of his recent report previewing the Supreme Court’s upcoming term and answered questions from members. Also on the call and answering questions were Senior Fellow Elliot Mincberg and Executive Vice President Marge Baker.

Among the cases Gordon previewed were Young v. UPS, Integrity Staffing Solutions v. Busk, Mach Mining v. EEOC, Holt v. Hobbs, and Alabama Democratic Conference v. Alabama / Alabama Legislative Black Caucus v. Alabama. The issues addressed in these cases range from employment discrimination and workers’ rights, to religious liberty and voting rights.

He also discussed potential cases that the Court could still add for this term, which included cases on marriage equality, the Affordable Care Act, and contraception coverage by religious nonprofits—the “sequels to Hobby Lobby.”

Members’ questions focused on how the country can move forward to change some of the more damaging decisions like Citizens United, and what each person could do to effect change and impact the courts. Emphasizing what is at stake this election, both PFAW President Michael Keegan and Gordon called on people to vote in November because “when you vote … for the Senate, you are voting for the next Supreme Court justice.”

Listen to the full audio of the telebriefing for more information.

 

PFAW

Failing to Defend the Right to Vote Is Simply Not an Option

As we work to ensure not only that President Obama receives legislation without undue delay, but also that whatever language he signs protects as many voters as possible from discrimination, it is important to remember those who died a half century ago fighting for this very cause.
PFAW

Rubio and Sessions Can Prevent Delay of Critical 11th Circuit Vote

Get ready. There’s more Republican obstruction on the way.

The Senate Judiciary Committee has scheduled a vote on 11th Circuit nominee Robin S. Rosenbaum for this Thursday, which is an important step forward in the fight to address our judicial vacancy crisis. Fully a third of the 11th Circuit’s twelve active judgeships are currently vacant, and all four of its empty slots have been declared judicial emergencies by the Administrative Offices of U.S. Courts.

The vacancy crisis in the 11th Circuit is so bad that the court’s chief judge, Edward Carnes, issued an order in December temporarily suspending the standard rule that at least two judges on a three-judge 11th Circuit panel must be members of that court. That means that going forward, two of three judges on these panels could be visiting from someplace else, potentially outvoting the one 11th Circuit judge. It is vital that Judge Rosenbaum be confirmed in a timely manner. And that starts with a timely committee vote.

But it’s unlikely that’s enough reason for GOP Senators to drop their campaign of endless delays for judicial nominations.

Republicans are expected to delay that committee vote using a procedural tactic that they have deployed against all but five of President Obama’s judicial nominees.

That is, unless Sen. Marco Rubio or Sen. Jeff Sessions steps in.

Rosenbaum is from Florida, which gives Rubio a special responsibility to urge Republican senators on the committee not to delay the vote. It is a chance for him to prioritize his constituents over politics. Similarly, Sessions, who represents a state (Alabama) covered by the 11th Circuit, also has a unique responsibility, as a member of the Judiciary Committee, to avoid such needless delay.

Will either Rubio or Sessions step up and help move the process in a more functional direction? We’ll learn on Thursday, but if past events are a predictor of future behavior, I wouldn’t hold my breath.
 

PFAW

Representative John Lewis: "There's other bridges to walk across"

The Supreme Court's ruling in Shelby is a setback, or as Representative Lewis put it to ABC's Jeff Zeleny earlier today: "What the Supreme Court did was to put a dagger in the very heart of the Voting Rights Act of 1965." But it's also part of the voting rights bridge that we must continue fighting to get across.
PFAW Foundation

Supreme Court to Review Voting Rights Act

A lynchpin of protecting the right to vote may fall before the altar of "states' rights."
PFAW Foundation

UPDATE: State legislation shines national spotlight on voter ID

"On voting rights in America, the arc of the universe has indeed been long, centuries long, from the three-fifths compromise in the Constitution to the poll tax to the literacy test. But it has always bent toward justice. These new laws seek to bend the arc backward again, to take away from people their effective right to vote."
PFAW Foundation

Sessions Objects to Judicial Nominee Who Called Kagan ‘Qualified’

The Senate Judiciary Committee yesterday approved the nomination of Maine attorney William Kayatta Jr. to sit on the 1st Circuit Court of Appeals. Only two committee members voted against allowing Kayatta a vote from the full Senate: Utah’s Mike Lee, who is still protesting all Obama nominees, and Alabama Sen. Jeff Sessions, who gave the following reason, according to the Portland Press Herald:

In a statement on his opposition to Kayatta's nomination, Sessions cited Kayatta's role as lead evaluator for the American Bar Association's Standing Committee on the Federal Judiciary during the nomination of U.S. Supreme Court Justice Elena Kagan.

Sessions said Kayatta saw fit to give Kagen the highest rating despite her lack of substantial courtroom and trial experience, as a lawyer or trial judge. Sessions said the rating was "not only unsupported by the record, but, in my opinion, the product of political bias."

Yes, that’s right. Kayatta was involved in the American Bar Association’s nonpartisan rating process, which dared to call the solicitor general and former Harvard Law School dean “well qualified” for the job of Supreme Court Justice.

Sessions, one of the most outspoken opponents of Kagan’s Supreme Court nomination frequently slammed her lack of judicial experience in her confirmation hearings two years ago. He seemed to conveniently forget that the late conservative icon Chief Justice William Rehnquist also came to the High Court without having previously served as a judge – as have over one third of all Justices in U.S. history. The American Bar Association similarly found Rehnquist qualified for the job and called him “one of the best persons available for appointment to the Supreme Court [pdf].

It would be funny if it weren’t so appalling: Sessions’ grudge against Kagan runs so deep that he not only objected to her nomination, he’s objecting to anyone who who’s dared to call her qualified for her job.

PFAW

Don't Ask Don't Tell: So Long, Farewell

Don’t Ask Don’t Tell, the discriminatory law that banned gays and lesbians from openly serving in our nation’s armed forces, has been officially been relegated to the history books after a devastating 18-year existence that snatched away the careers of more than 14,000 capable and dedicated servicemembers. With repeal celebrations happening across the country, President Obama released a statement, which said in part,

Today’s achievement is a tribute to all the patriots who fought and marched for change; to members of Congress, from both parties, who voted for repeal; to our civilian and military leaders who ensured a smooth transition; and to the professionalism of our men and women in uniform.

Don’t Ask Don’t Tell repeal is a major achievement in itself, but it is also indicative of where we are as a country regarding LGBT equality. While the Right Wing has issued statements condemning this historic occasion, Republican members of Congress have largely remained silent. Opponents of gay rights realize that their discriminatory views are quickly becoming outdated, and that younger voters overwhelmingly support LGBT equality.

Celebrations have been occurring across the country. One moving video in particular has gone viral on Youtube. In it, a gay soldier from Alabama, currently stationed in Germany, calls his father right after Don’t Ask Don’t Tell repeal is finalized to come out. The soldier is greeted with acceptance and loving support. After the long fight waged by People For the American Way, other progressive groups and brave men and women in uniform who often risked their careers to fight for what they believe in, it’s heartening to see how America has become a little more just, equal and fair today than it was before.

 

 

PFAW

Alabama Governor Signs Anti-Immigrant Law Even More Extreme Than Arizona’s

Last year, Arizona’s state legislature caused a national uproar when it passed a constitutionally dubious bill giving state and local law enforcement officers the power to police for illegal immigrants and essentially requiring all people who may look like immigrants to carry their immigration papers. Parts of that law are currently on hold as courts determine their constitutionality, but the copy-cat laws keep coming. Alabama’s governor has now signed the state’s own SB 1070 on steroids, or what its sponsor called “an Arizona bill with an Alabama twist”:

Under the new measure, police must detain someone they suspect of being in the country illegally if the person cannot produce proper documentation when stopped for any reason.

It also will be a crime to knowingly transport or harbor someone who is in the country illegally. The law imposes penalties on businesses that knowingly employ someone without legal resident status. A company's business license could be suspended or revoked.

The law requires Alabama businesses to use a database called E-Verify to confirm the immigration status of new employees.

….

Alabama's law is unique in requiring public schools to determine, by review of birth certificates or sworn affidavits, the legal residency status of students.

In other words, not only are Alabama police now being roped into immigration enforcement – so are public schools and private businesses and even private citizens. The law enforcement provision is troubling: like Arizona’s law, it would seem to encourage racial profiling by police officers instructed to detain people who they suspect may be undocumented immigrants. But Alabama’s new “twist,” requiring schools to investigate the immigration status of their students is one of the most dramatic over-reaches included in the many anti-immigrant laws that have been making their way through state government’s since the passage of SB 1070.

It’s no surprise that the mind behind Alabama’s law is Kris Kobach, Kansas’s secretary of state, who was also behind Arizona’s law. Kobach was formerly the top lawyer at the Immigration Reform Law Institute, the legal arm of FAIR, the central group in the anti-immigrant movement, which has a long history of racially-charged attacks on immigrants. FAIR, formerly a fringe group, and the divisive and dehumanizing rhetoric it pushes have been enjoying a renewed national prominence in the vicious anti-immigrant movement that has begun to take hold among even the mainstream GOP. We reviewed the tactics of Kobach and his allies in a report last year on growing trends in anti-immigrant rhetoric.

 

 

PFAW

GOP Attempt To “Defund The Left” Paying Dividends

The Republican drive to eliminate workers’ rights and bust unions has always been a partisan campaign to “defund the left” cloaked in language of ‘fiscal responsibility.’ Wisconsin State Senate Leader Scott Fitzgerald, one of the champions of his state’s anti-union law, even admitted that the plan to dismantle unions for public employees was to undercut progressive political activities and weaken Obama’s state reelection campaign, saying: “If we win this battle, and the money is not there under the auspices of the unions, certainly what you’re going to find is President Obama is going to have a much more difficult time getting elected and winning the state of Wisconsin.”

Now, the International Association of Fire Fighters has decided that it can’t afford to contribute to pro-union candidates on a federal scale because it needs to use its resources to fight back against the mushrooming threats to worker’s rights in GOP-controlled states like Wisconsin, Ohio, Indiana, and Alabama. Politico reports:

As newly elected Republican state legislatures aggressively push a slew of anti-union measures, the International Association of Fire Fighters is freezing its federal political spending and shifting all resources toward its beleaguered state and local colleagues.

“With the survival of our union and the ability to preserve and protect the rights, wages, and benefits our members deserve in jeopardy in the states, we have re-evaluated how to get the best results from our political dollars,” IAFF President Harold A. Schaitberger said Tuesday in an email blast to members that was obtained by POLITICO.



The move by the union is just the latest – and most dramatic – adjustment labor leaders are scrambling to make after Republicans across the nation in January tried to quickly push through new laws that would weaken the movement and its political influence.

In Wisconsin and Ohio, new laws would undermine the collective bargaining rights of most or all public employees. In Missouri, bills have been introduced to loosen wage and child labor laws. In Indiana, lawmakers sought to essentially ban public employee unions by becoming a right-to-work state. In Alabama, lawmakers have eliminated automatic union dues deductions from workers’ paychecks.
PFAW

Empowered GOP Seeks to Sink Immigrant Rights

The Republican Party’s virulently anti-immigrant rhetoric and policies are far from mere political tactics, as GOP members of Congress usher in a radical agenda to rollback the rights of immigrants and their families. Iowa Rep. Steve King, who has appeared with violent vigilante groups and has referred to undocumented immigration as both a “slow-motion Holocaust” and a “slow-motion terrorist attack,” is set to chair the House Judiciary Committee’s subcommittee on immigration. Members of the House Republican Freshman Class, including Pennsylvania’s Tom Marino and Florida’s Allen West, frequently used immigrant-bashing in their campaigns, and Louisiana Senator David Vitter made demonizing immigrants the cornerstone of his reelection campaign.

Two new reports today demonstrate how extreme the Republican Party is moving to not only oppose immigration reform but also to undermine one of the most important protections guaranteed by the US Constitution:

GOP Rep. Steve King of Iowa, the incoming chairman of the subcommittee that oversees immigration, is expected to push a bill that would deny "birthright citizenship" to such children.

The measure, assailed by critics as unconstitutional, is an indication of how the new majority intends to flex its muscles on the volatile issue of illegal immigration.

The idea has a growing list of supporters, including Republican Reps. Tom McClintock of Elk Grove and Dan Lungren of Gold River, but it has aroused intense opposition, as well.

"I don't like it," said Chad Silva, statewide policy analyst for the Latino Coalition for a Healthy California. "It's been something that's been a part of America for a very long time. … For us, it sort of flies in the face of what America is about."

Republicans are also gearing up to defeat the DREAM Act, which would allow students and military servicemembers who came into the country illegally as children and have a clean criminal record to gain a pathway to citizenship. Even though the DREAM Act has historically garnered bipartisan support, Politico reports that Republicans on the Hill are trying to deceptively tar the bill as amnesty for criminals:

Already, GOP staffers have begun circulating to senators and conservative groups a white paper outlining what they see as the social and financial costs of passing the Development, Relief and Education for Alien Minors Act.

“In addition to immediately putting an estimated 2.1 million illegal immigrants (including certain criminal aliens) on a path to citizenship, the DREAM Act would give them access to in-state tuition rates at public universities, federal student loans and federal work-study programs,” said the research paper, being distributed by Alabama Sen. Jeff Sessions, the ranking Republican on the Senate Judiciary Committee.



The bill’s backers, though, say it outlines a “rigorous and lengthy process” for legalization, hardly the amnesty plan that opponents have depicted.

Eligible immigrants must have entered the U.S. before age 16, have been in the country for at least five consecutive years before the bill’s enactment and been at least under age 35 at the time of enactment; been admitted to a college or earned a high-school diploma or GED certificate; and have no serious criminal record.

A recent Rasmussen poll found that a majority of Americans believe that “children brought to the U.S. illegally should get a chance at citizenship if they complete two years of college or participate in the military,” and military leaders have called on Congress to pass the DREAM Act as a way to strengthen the country’s armed forces. A study by UCLA’s North American Integration and Development Center states that the DREAM Act both “offers a moral solution to the trap of being a young, motivated, undocumented immigrant in the U.S.” and is “an economically sensible piece of legislation that advances the interests of U.S. society as a whole.”

However, the extreme anti-immigrant sentiment that is pervasive within the GOP stands in the way of reasonable efforts at reform, and even leads to radical legislation that challenges the 14th Amendment of the US Constitution.

PFAW

Still more on the voter "fraud" / voter intimidation front

Some more on the voter "fraud" / voter intimidation front:

  • Alabama’s Republican Secretary of State has offered a $5000 bounty for "information reported to her office that leads to a felony conviction of voter fraud."
  • A federal district judge has ruled that conservatives in Minnesota rallying against voter fraud cannot wear their "Please I.D. Me" buttons or their Tea Party tee-shirts in or around the polling locations, since the areas where people vote are supposed to be free of political messages.
  • Media Matters has put together a video compiling right-wing media covering questionable GOP allegations of voter fraud. Despite the little evidence that exists to support these claims, Fox News has declared that the network will continue cover voter fraud allegations "in every show."
  • Media Matters also takes a look at the voter intimidation stories that Fox News either ignores or totally distorts while playing up phony voter fraud stories.
  • Noting that “voter intimidation is a form of voter fraud,” Ohio Secretary of State Jennifer Brunner is investigating the McDonald’s franchise owner who sent his employees a letter with their paychecks saying they should vote for Republican candidates if they wanted raises.
PFAW

Who ya callin’ elite?

In a recent speech in Mobile, Alabama, George W. Bush previewed his new book, “Decision Points,” and got all “aw, shucks” about the “elites” who have misunderestimated him:

“I have written a book. This will come as a shock to some of the elites. They didn’t think I could read a book, much less write one,” said Bush, the keynote speaker at a scholarship benefit for the University of Mobile. “It’s been an interesting experience. I’m not shilling for it -- aw, heck, you oughta buy a copy.” 

Which got me thinking about the slippery right-wing definition of the word “elite.” Bush is the son of a former president. He grew up in privilege in Connecticut and Texas, with a summer home in Maine. He went to an exclusive east coast boarding school, and then to Yale. Before entering politics (with the help of plenty of family connections), he ran an energy company and owned a baseball team. 

All of which, I assume, would lead a Tea Party stalwart like  Delaware Senate candidate Christine O’Donnell to criticize him as terribly out of touch with average voters. Here’s what O'Donnell has to say about her opponent, Chris Coons, in a new TV ad:

"I didn't go to Yale, I didn't inherit millions like my opponent. I'm you. I know how tough it is to make and keep a dollar. When some tried to push me from this race they saw what I was made of. And so will the Senate if they try to increase our taxes one more dime. I'm Christine O'Donnell and I approve this message. I'm you."

This was after O’Donnell tweeted that Coons would bring “Yale values” to the Senate, while she would bring “liberty, limited government, fiscal sanity.”

Last week, Frank Rich pegged O’Donnell as the “perfect decoy” for parties (Republican and Tea) that are run largely by Bush-style billionaires, but try, like W, to put on a populist, “aw, heck” guise:

She gives populist cover to the billionaires and corporate interests that have been steadily annexing the Tea Party movement and busily plotting to cash in their chips if the G.O.P. prevails.

While O’Donnell’s résumé has proved largely fictional, one crucial biographical plotline is true: She has had trouble finding a job, holding on to a home and paying her taxes. In this, at least, she is like many Americans in the Great Recession, including the angry claque that found its voice in the Tea Party. For a G.O.P. that is even more in thrall to big money than the Democrats, she couldn’t be a more perfect decoy.

I’m not going to take a stand on the populist value or liability of an Ivy League education. But as a favor to O’Donnell, I looked into which of her fellow Tea Party Senate candidates might bring “Yale values” to the U.S. Senate:

It looks like O'Donnell might have to carry the anti-elite flag all by herself.

PFAW

“The ACLU Chromosome” and other judicial disqualifiers

Politico today outlines an emerging trend in judicial obstruction. While partisan battles over judicial nominees have in past years focused on the occasional appellate court judge or Supreme Court justice, these days even nominees to lower-profile district courts are fair game for partisan obstructionism. Among other problems, this doesn’t make it easy to keep a well-functioning, fully staffed federal court system:

According to data collected by Russell Wheeler of the Brookings Institution and analyzed by POLITICO, Obama’s lower-court nominees have experienced an unusually low rate of confirmation and long periods of delay, especially after the Senate Judiciary Committee has referred the nomination for a confirmation vote by the full Senate. Sixty-four percent of the district court nominees Obama submitted to the Senate before May 2010 have been confirmed — a number dwarfed by the 91 percent confirmation rate for Bush’s district court nominees for the same period.

But analysts say the grindingly slow pace in the Senate, especially on district court nominations, will have serious consequences.

Apart from the burden of a heavier case load for current judges and big delays across the federal judicial system, Wheeler, a judicial selection scholar at Brookings, says that potential nominees for district courts may think twice before offering themselves up for a federal nomination if the process of confirmation continues to be both unpredictable and long.

"I think it means first that vacancies are going to persist for longer than they should. There’s just not the judge power that there should be," Wheeler said. And private lawyers who are not already judges may hesitate to put their practices on hold during the confirmation process, he added, because "you can’t be certain that you’ll get confirmed" for even a district judgeship, an entry-level position to the federal bench.

Jeff Sessions, the top Republican on the Judiciary Committee, has been at the lead of the GOP’s obstruction of every judicial nominee who can possibly be obstructed. He told Politico that he simply wants to make sure every new federal judges passes his litmus test: "If they’re not committed to the law, they shouldn’t be a judge, in my opinion."

Sounds fair. But the problem is, of course, that Sessions’ definition of “committed to the law” is something more like “committed to the way Jeff Sessions sees the law.”

In a meeting yesterday to vote on eight judicial nominees-- five of whom were going through the Judiciary Committee for the second or third time after Senate Republicans refused to vote on their nominations--Sessions rallied his troops against Edward Chen, nominated to serve as a district court judge in California. Chen is a widely respected magistrate judge who spent years fighting discrimination against Asian Americans for the American Civil Liberties Union. But Sessions smelled a rat: Chen, he said, has “the ACLU chromosome.”

The phrase really illuminates what Sessions and his cohort mean when they talk about finding judges “committed to the law” or who won’t stray from “the plain words of statutes or the Constitution.” It isn’t about an “objective” reading of the Constitution. It’s about appointing judges who will find ways to protect powerful interests like Exxon, BP, and the Chamber of Commerce, while denying legal protections to working people, women, racial, ethnic, and religious minorities, and gays and lesbians.

(Sessions himself was nominated for a judgeship in 1986, but was rejected by a bipartisan majority of the Senate Judiciary Committee for his history of not-so-ACLU-like activity).

Sessions’ warns that “Democrats hold federal judiciary as the great engine of the left,” but the reality is far from that. Besides having the most conservative Supreme Court in decades, nearly 40% of all current federal judges were appointed by George W. Bush, who made a point of recruiting judges with stellar right-wing credentials.

No matter how much disarray it causes in the federal courts, it’s in the interest of Sessions and the Right Wing to keep the number of judicial seats President Obama fills to a minimum. If they succeed, they keep their conservative, pro-corporate courts, tainted as little as possible by the sinister “ACLU chromosome.”
 

PFAW

Alabama County Brings the Voting Rights Act to Court

An 87% white county in Alabama is arguing that some of the anti-discrimination protections in the Voting Rights Act are no longer necessary…and its case might end up in the Supreme Court.

Shelby County is protesting Section 5 of the Voting Rights Act, which requires counties with a history of discriminatory election practices to run new election rules by the Justice Department.

"For Congress to continue to interfere with Shelby County's electoral autonomy in 2010 based on conditions that existed in 1965 is both arbitrary and without constitutional justification," according to one of the county's written arguments in the case.

Shelby County's complaint is that Section 5 of the law -- which says the Justice Department has to make sure election-related changes don't discriminate against minority voters -- is no longer necessary and that complying with the law is a significant legal expense for county taxpayers.

The county, however, does not provide any details about the "taxpayer dollars, time and energy" it has spent over the years asking the federal government to pre-approve things like new district lines or polling place changes. The U.S. Justice Department, the defendant in the lawsuit, argues the claim about expenses is vague and unsupported by evidence.

A number of African American residents of Shelby County disagree that voter discrimination is an outdated problem, and have tried to stop the county’s suit from going forward. They have some concrete examples to back them up. Just in 2008, a redistricting plan for one city in Shelby didn’t pass Justice Department muster because it eliminated the city’s one majority-black council district.

Shelby County’s argument recalls some of the right-wing objections to the 2006 renewal of the Voting Rights Act. Georgia Republican Lynn Westmoreland said of the 1965 bill, "It was set up to be temporary, just to get things to where they should be," he said. "And if you look at the results we have here in Georgia, I think you can see that it's worked. Its time has passed."

If only it had.
 

PFAW