Earlier this month, the Supreme Court heard oral arguments in AT&T Mobility v. Concepcion, where the cell phone company is asking the Supreme Court to demolish class-action suits and cripple state consumer protection laws. This case threatens to be one of many where the Roberts Court bends the law in order to give even more power to already-powerful corporations.
In the Huffington Post, David Arkush of Public Citizen has an interesting observation about the arguments AT&T is making to sway the Roberts Court: They are nakedly aimed at the conservative Justices' political ideology, not any conception of the law. After noting how eager the Roberts Court has been to overrule decades of once-settled law, Arkush writes:
[W]hen the court is so willing to remake the law in a broad range of areas, individual political appeals become much more important. A devastating piece of evidence on this point came [when] AT&T's lawyers made this argument:
"Accordingly, California's professed belief that class actions are necessary for deterrence boils down to the proposition that deterrence is served by imposing on all businesses -- without regard to culpability -- the massive costs of discovery that typically precede a class certification motion and the inevitable multimillion dollar fee award extracted by the class action attorneys as the price of peace. In other words, because class actions always cost vast amounts to defend and eventually settle with a large transfer of wealth from the defendant to the class action lawyers no matter how guiltless the defendant may be, all businesses will be deterred from engaging in misconduct by the very existence of this externality producing procedure."
Note that this is a pure policy argument, not a legal argument. More important, it's politically charged hyperbole. ...
AT&T's lawyers are not hacks. They are some of the nation's best Supreme Court litigators. It is a devastating indictment of the Roberts court that these lawyers think repeating myths about greedy trial lawyers is an effective way to argue. They must think the court is brazenly activist and political.
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, Politicoreports 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.
We were all pretty shocked by this story out of California today:
A Stanislaus County school is forcing a student to take an American flag off of his bike.
Thirteen-year-old Cody Alicea put the flag there as a show of support for the veterans in his family.
But officials at Denair Middle School told him he couldn't fly it. He said he was told some students had complained.
But the superintendent said he's trying to avoid tension on campus.
"(The) First Amendment is important," Superintendent Edward Parraz said. "We want the kids to respect it, understand it, and with that comes a responsiblity."
Parraz said the campus has recently experienced some racial tension. He said some students got out of hand on Cinco de Mayo.
"Our Hispanic, you know, kids will, you know, bring their Mexican flags and they'll display it, and then of course the kids would do the American flag situation, and it does cause kind of a racial tension which we don't really want," Parraz said. "We want them to appreciate the cultures."
School officials later explained that they felt Cody’s safety was at risk from children who were bullying him, and that they were addressing the bullies and have now allowed Cody to continue displaying the flag.
But whatever the reasoning (or lack thereof) behind the decision to make Cody put away the flag, the superintendant’s remarks are still startling. As we saw repeatedly in the vapid debate over the so-called “Ground Zero Mosque,” it’s a skewed view of the First Amendment that sees displaying one’s values or culture as some sort of un-American provocation. There is, as the superintendent said, “a responsibility” that comes with freedom of speech. But that responsibility does not include suppressing your patriotism, or any other deeply held beliefs, at the risk of offending others.
The right of a kid to display an American flag on Veterans Day should be the clearest example of the freedoms that should never be taken away.
The Supreme Court today declined to reverse a Ninth Circuit Court of Appeals ruling that let the military continue to discriminate against gay and lesbian servicemembers while the legal battle against Don’t Ask Don’t Tell continues. The ban on openly gay Americans serving in the military was stopped temporarily after a federal judge in California ruled the policy unconstitutional. The Ninth Circuit demanded that enforcement continue while the case makes its way through the court system.
The high court’s decision makes it even more urgent for Congress to repeal Don’t Ask, Don’t Tell during this years's lame duck session. With a strong Republican majority in the House next year—including many new members who are not at all open to LGBT equality—there will be little hope for legislative repeal.
In the meantime, the vast majority of Americans, across party lines, continue to oppose Don’t Ask Don’t Tell. One of these Americans is Cindy McCain, whose husband John McCain is the leading the Senate effort to keep the discriminatory policy in place. Watch the video Cindy McCain made for the anti-bullying group NO H8, in which she slams Dont Ask Dont Tell: "Our government treats the LGBT community like second class citizens, why shouldn't [bullies]?"
You can imagine our delight here at People For when we finally made it on to Glenn Beck’s infamous conspiracy theory-promoting blackboard last night. You can watch the clip here:
Note that, contrary to Beck’s assertions, People For the American Way is not a 501c(3) group…and, moreover, 501(c)3 groups like People For the American Way Foundation are not allowed to participate in partisan political activity at all.
Beck is gradually expanding the reach of his broad conspiracy involving progressive groups to include as many as possible, it seems. But we’d like to think that our inclusion has something to do with the petition campaign People For and Media Matters have launched urging Fox News advertisers to drop their support of the network—because they are indirectly subsidizing Beck.
Beck, of course, has every right to criticize progressive groups on the air. But his rhetoric frequently verges on violent, and has led, on more thanone occasion, to actual or attempted violence against those involved in the progressive movement.
Sign People For and Media Matters' Drop Fox petition here.
And read the full letter Tides Foundation CEO Drummond Pike sent to Fox advertisers last month after he was the victim of a Beck-inspired assassination attempt:
Dear Fox Advertiser,
I am writing to ask your company to take a simple step that may well save lives in the future. And it is not unimportant that taking this action will remove your company and its products from any connection to what could very likely be an unpleasant tragedy, should things remain as they are today. On behalf of my organization, and many others like it, I ask that you cease advertising on the Fox News Channel.
This is neither a hollow request, nor one rhetorically made. There is an urgency to it born of our own direct experience as the target of a would-be assassin inspired by Fox's Glenn Beck Show.
On July 19th of this year, I arrived at our San Francisco office to learn that a misguided person carrying numerous guns and body armor had been on his way to start a "revolution" by murdering my colleagues and me. The Oakland Police Department called to tell us that, following a 12 minute shootout with the California Highway Patrol, law enforcement officials arrested an assailant who had targeted the Tides Foundation, an organization which I founded and currently serve as CEO, and the ACLU for violence. To say we were "shocked" does not adequately describe our reaction. Imagine, for a moment, that you were us and, had it not been for a sharp eyed highway patrolman, a heavily armed man in full body armor would have made it to your office with the intent to kill you and your colleagues. His motive? Apparently, it was because the charitable, nonpartisan programs we run are deemed part of a conspiracy to undermine America and the capitalist system, which is hogwash.
Although not a political organization, the Tides Foundation has been a frequent target of misinformation, propaganda, and outright lies by Fox News' Glenn Beck. Since his arrival at Fox in early 2009, Beck has repeatedly vilified Tides, suggesting we are intent on "creat[ing] a mass organization to seize power." He accuses the foundation of indoctrination and says we are "involved in some of the nastiest of the nasty." Beck tells viewers that Tides has "funneled" money to "some of the most extreme groups on the left" and that our mission is to "warp your children's brains and make sure they know how evil capitalism is." In total, prior to the attempted rampage, Beck had attacked the Tides Foundation 29 times. On September 28th, more than a month after the shooting, Beck reiterated his focus on the Tides Foundation, warning, "I'm coming for you." In jailhouse interviews, the gunman confessed he views Beck as a "schoolteacher" who "blew my mind." My would-be killer admitted that Beck "give[s] you every ounce of evidence you could possibly need" to commit violence.
Beck is a self-described "Progressive Hunter" who relies on violent rhetoric. Do you really think that the millions of Americans who describe themselves as "progressive" need to be "hunted down"? If so, to what end?
For hours every day on radio and television, Beck pits American against American, telling his audience that our country is under attack by a demonic Nazi-like regime seeking to destroy all that is great about America while insisting it's up to his viewers to resist and revolt. He warned his audience that "these are the most dangerous two years of our republic. Because in the end, in revolutions, the real dangerous killers show up." Beck even compared our government to vampires while instructing his viewers to "drive a stake through the heart of the bloodsuckers" and pretended to poison Speaker Pelosi on television. A few months later, Gregory Giusti was arrested for repeatedly threatening House Speaker Nancy Pelosi -- including threatening to destroy her home -- because he was upset over health care reform. The man's mother told a local news station he listens to those with "really radical ideas," adding, "I'd say Fox News or all of those that are really radical."
When I started the Tides organizations 35 years ago, I did so in the very American belief that ordinary citizens had a role to play in our democratic process. It was, I thought, the responsibility of everyone to become engaged in our civic life, and for years we've worked with thousands of Americans to do just that. And, while we support progressive values and goals, we respect the rights and voices of those with whom we disagree on issues. Never in our history have we tolerated employees or grantees that support those who would do harm to others. By supporting Fox News Channel, you and your company are risking your reputation and good standing because they are doing just this.
As you may know, a coordinated advertiser boycott by Media Matters and Color of Change, an online civil rights group, has caused Glenn Beck's Fox News show to lose over 100 sponsors. Despite the campaign's success, Fox insists it has had no impact on the channel's profitability because the overall demand for advertisements on Fox has remained stable. Companies are still paying to advertise on Fox News, but their ads are simply moved to a different time of day. Thus, businesses that pay to broadcast commercials on Fox News are subsidizing Glenn Beck's television show by continuing to pump money into the network. It has become clear that the only way to stop supporting Beck is to stop supporting Fox News.
I respectfully request that you bring this matter of your company's sponsorship of hate speech leading to violence to the attention of your fellow directors as soon as possible. I believe no responsible company should advertise on Fox News due to its recent and on-going deplorable conduct.
While we may agree to disagree about the role our citizens and our government should play in promoting social justice and the common good, there should be no disagreement about what constitutes integrity and professionalism and responsibility in discourse – even when allowing for and encouraging contending diverse opinions intelligently argued. This is not a partisan issue. It's an American issue. No one, left, right or center, wants to see another Oklahoma City.
The next "assassin" may succeed, and if so, there will be blood on many hands. The choice is yours. Please join my call to do the right thing in this regard and put Fox News at arm's length from your company by halting your advertising with them.
Corporate interests already exercise an inordinate level of control over Americans' daily lives. This morning, in AT&T Mobility v. Concepcion, the Supreme Court heard oral arguments in a case that threatens to give yet another advantage to powerful corporations over individual Americans. AT&T is essentially asking the Court to take a wrecking ball to state consumer protection laws.
At issue is whether states have the right to protect consumers from contracts that are so unfair as to be unconscionable - where one party has so much bargaining power over the other that the weaker one has little choice but to agree to highly disadvantageous terms.
This case started when AT&T offered phone purchasers a "free" second phone, then charged the consumers for the taxes on the undiscounted price of the "free" phone. AT&T allegedly pulled this scam on thousands of its customers. One of its victims, the Concepcions, brought a class action suit against AT&T. However, AT&T had a service contract where consumers had to agree to resolve any future claims against the cell phone company through arbitration, rather than the courts. In addition, customers had to agree not to participate in any class action against AT&T. So AT&T asked the court to enforce the agreement it had imposed upon the Concepcions by throwing out the class action suit and forcing them into arbitration, one lone family against AT&T without the protections of courts of law or neutral judges.
However, the court denied AT&T's motion, determining that the "no class action" contractual provision was unconscionable under California law and, therefore, not enforceable. Moreover, the court rejected AT&T's claim that the Federal Arbitration Act preempts state law in this case, making the contract fully enforceable against the Concepcions. (The Federal Arbitration Act generally encourages courts to compel arbitration in accordance with the terms of arbitration agreements.) The Ninth Circuit upheld the lower court decision. However, hoping to get a different result from the corporate-friendly Roberts Court, AT&T appealed.
As countless Americans can attest, it is not at all uncommon for a giant telecommunications service provider to provide extremely complex monthly bills that are nearly impossible for the average person to understand. It is certainly not unheard of for such bills to hide relatively small charges for services never ordered, or mysterious taxes or fees that the company should not be charging. Unfortunately, the vast majority of consumers who are cheated in these situations don't even realize it. Moreover, because the amounts at issue are relatively little, there is little incentive for consumers to undertake the significant expenses of recovering their loss. Even when the company pays out to the tiny percentage of defrauded customers who go to the trouble to engage in lone arbitration against the company, the overall scheme remains profitable.
Class actions are a tool that allows the entire universe of cheated consumers to recoup their losses, making possible a potentially significant financial loss to the company that sets out to defraud its customers. If the Supreme Court rules for AT&T, it will devastate state-level consumer protections and essentially grant a permission slip for rampant corporate fraud against consumers.
As the Alliance For Justice points out in its excellent analysis of this case, it is not only consumer protections that are at risk should AT&T win this case. Class action suits have often been the only way for employees experiencing illegal discrimination to contest it without spending vast amounts of money and risking retaliation. Depending on how the Roberts Court rules, it may enable employers to easily cut off this avenue of anti-discrimination enforcement by simply refusing to hire anyone who does not agree to resolve future conflicts through arbitration, with a ban on class action.
As described in People For the American Way Foundation’s Rise of the Corporate Court report, the Roberts Court has not been shy in twisting the law in order to rule in favor of corporations and against average Americans. AT&T Mobility v. Concepcion may turn out to be another gift of power to the already-powerful.
OpenSecrets.org reported yesterday that on the whole, millionaire and billionaire self-financed candidates pretty much flopped in Tuesday’s elections. Four out of every five of the 58 federal-level candidates who spent more than $500,000 of their own money on their campaigns ended up losing in the primary or general election. Among those who lost their expensive gambles were former World Wrestling Entertainment CEO Linda McMahon, who spent more than $46 million on her Senate campaign in Connecticut and Carly Fiorina, who spent more than $5.5 million of her own money in her California Senate race.
And OpenSecret’s data doesn’t even count the most prominent big-spending loss this year, California’s Meg Whitman, who spent a whopping $141 million on her gubernatorial bid.
Self-financed candidates generally have a fairly dismal track record of winning elections—partly because some lack the political experience to pull off a successful campaign, partly because voters reject the idea of a person buying themselves political office. (The Washington Post and the American Prospect both looked into the self-funding paradox earlier this year).
So, you might conclude from this, money can’t buy you electoral love. But the data from other kinds of campaign spending tells a very different story.
Public Citizen reported Wednesday that spending by outside groups—like those we profiled in our After Citizens United report—had a huge impact on the outcome of elections throughout the country. In 58 of the 74 races in which power changed hands yesterday, the candidate who benefitted from the most outside spending also won their election, Public Citizen’s analysis found. Of course, the cause and effect can go both ways—special interests often back shoe-in candidates just to be in their good graces once they’re in office—but it’s undeniable that spending by outside groups really did make a difference in many close races.
The Chamber of Commerce alone promised to spend $75 million to influence this year’s elections…more than 90% of which had, as of the last reporting deadline, gone to support Republican candidates. The Chamber, like many of the pro-GOP power players in this election, spent millions of dollars of money from undisclosed sources to buy ads that often had very little to do with its real goals.
Polling shows that the vast majority of Americans really don’t like the idea of corporations and interest groups pouring money into elections…and also really don’t like it that outside groups don’t have to reveal the major sources of their money.
But not liking the idea of wealthy people or corporations or powerful special interest groups trying to buy elections isn’t much help when you’re seeing a convincing ad on TV from a group with a name like the “Commission on Hope, Growth, and Opportunity”—and have no way of finding out what the money and motivations behind the ad are.
When a candidate is bankrolling her own campaign, voters know what’s going on, and can go into the polling place knowing full well who’s most invested in that candidate’s success. When a candidate is backed by millions of dollars from shadowy interest groups, the equation gets more difficult. The money’s there, but it’s impossible to tell what that money is meant to buy. As PFAW’s Michael Keegan wrote in the Huffington Post last week, that system works great for candidates who back the interests of corporate America and the wealthiest citizens…but isn’t so great for those who don’t have fat bank accounts ready to help them out.
Interestingly, one candidate who invested heavily in his own campaign did notably well on Tuesday—Ron Johnson of Wisconsin, who beat incumbent senator Russ Feingold. Johnson invested more than $8 million in his campaign (almost twice as much as he received from individual contributors). But Johnson was also propped up by over a million dollars worth of ads paid for by out-of-state pro-corporate groups.
Tomorrow at the Supreme Court, the Justices will hear arguments over whether the state can limit minors’ access to extreme depictions of violence.
California law bans the sale or rental of violent video games to minors. In adopting the law, the California legislature considered scientific evidence showing a correlation between playing violent video games and an increase in aggressive thoughts and behavior, antisocial behavior, and desensitization to violence in both minors and adults. The law was designed to give parents greater control over whether their children have access to the most violent video games.
Although the law was enacted several years ago, courts have kept it from going into effect on the basis that it violates the First Amendment.
The law parallels a New York law restricting the sale of non-obscene sexual material to minors that the Court upheld in the 1960s. Specifically, it covers those violent video games where:
a reasonable person, considering the game as a whole, would find that it appeals to a deviant or morbid interest of minors;
it is patently offensive to prevailing standards in the community as to what is suitable for minors; and
it causes the game, as a whole, to lack serious literary, artistic, political, or scientific value for minors.
California argues that, for the purposes of the First Amendment, the Supreme Court should apply the same relaxed standard to violent material as it does to sexual material:
[I]t should make no constitutional difference whether the material depicts sex or violence. ... [T]he Act must be upheld so long as it was not irrational for the California legislature to determine that exposure to the material regulated by the statute is harmful to minors.
This would mark a significant change in First Amendment law.
Just the fact that the Court agreed to hear this case is interesting. The Court often takes a case where there is disagreement among circuit courts on how to interpret a particular law. But here, there is no such disagreement: Lower courts have uniformly struck down laws such as this as violating the First Amendment. The fact that the Supreme Court decided to hear the case anyway may signal that the Justices are ready to make the change that California is asking for.
After extremist Republican Joe Miller upset incumbent Senator Lisa Murkowski in the GOP primary, many Alaskans panicked over the prospect of having a Senator that wants to greatly diminish the federal government’s role in Alaska. After Senator Murkowski announced a write-in bid to take on Miller and the Democratic nominee, Sitka Mayor Scott McAdams, a new organization emerged to back the incumbent: Alaskans Standing Together.
Alaskans Standing Together is a “Super PAC” which can raise unlimited amounts of funds from individuals and corporations, and must disclose its donors to the FEC. The group is solely dedicated towards supporting Senator Murkowski’s reelection campaign and criticizing both of her opponents. So far, Alaskans Standing Together has reported having nine donors: Native American Corporationsthat have contributed over $800,000 to the group. But these Native American Corporations are also federal contractors, and many of them openly claim that they receive much of their federal money as a result of the legislative efforts of Lisa Murkowski. The corporations say that such money is needed since outside organizations like the California-based Tea Party Express are running hundreds of thousands of dollars worth of ads promoting Joe Miller.
But as the Miller and Murkowski squabble over the non-party groups backing their campaigns, only Scott McAdams directly pointed to an important reason for the massive downpour in campaign cash:
The Democrat in the race, Scott McAdams, took a different approach, blaming the U.S. Supreme Court for opening up politics to unlimited corporate donations. If he's elected, McAdams said, he'd move to pass a campaign finance law backed by Democratic leaders in the Senate and President Barack Obama. He also seized on a claim the White House has been hammering in recent weeks: that unlimited corporate money has the potential to give foreign-owned corporations a say in U.S. elections.
"As a small state, Alaska can't afford to allow its elections to be overtaken by corporate spending," McAdams said. "Unfortunately, Sen. Murkowski has voted to allow corporations, including foreign corporate money, to continue to influence elections."
Outside independent expenditure groups are playing a major role in the Alaska Senate race -- and those across the country. In previous elections, such contributions wouldn't have been legal, but the recent Citizens United Supreme Court decision allows corporate and union donors to inject unlimited amounts of money into politics.
With Election Day fast approaching, tens of millions of dollars from corporations flooding the airwaves each week and seemingly endless news stories about apathy in the Democratic base, right-wing candidates are getting more brazen -- advancing ever more extreme positions and spreading outright lies.
Sharron Angle, the Republican running to unseat Harry Reid in Nevada, told a crowd that Dearborn, Michigan and a town named Frankford, Texas are under Islamic Sharia Law. Utter nonsense. The statement earned her a strong rebuke from the Mayor of Dearborn and it turns out that Frankford, TX doesn't even exist!
Rand Paul, running for Senate in Kentucky, now supports ending the income tax in favor of a more regressive national sales tax that would hit the poor and middle class far more harshly than the income tax. After saying a few months back that he would have opposed the Civil Rights Act of 1964, and making controversial statements about mining and the BP oil spill, Paul's handlers have tried hard to keep his extremism under wraps. But for someone as "out there" as Rand Paul, that's hard to do for very long.
In a debate on Wednesday night, Tea Party favorite and Republican Senate candidate in Delaware, Christine O'Donnell, perpetuating an attack that has been thoroughly discredited, accused her Democratic opponent Chris Coons of being a Marxist, based on Coons' tongue-in-cheek comment in an article he wrote as a student. On a roll, O'Donnell launched into a rant that included attacks on Coons for things he never said and completely fabricated declarations about the "tenets" of Marxism.
These are just some of this week's salvos from the right-wing Rogue's Gallery of Senate candidates -- let's not forget some of the past gems from Tea Party candidates. Sen. Russ Feingold's opponent in Wisconsin, Ron Johnson, is such an extreme pro-corporate ideologue that he tries to push the notion that global warming is caused by sunspots in order to cover for corporate polluters... he also wants to drill for oil in the Great Lakes and even fought against protections for victims of child abuse on the grounds that it would be bad for business.
But the worst of the bunch has to be Colorado's GOP Senate candidate Ken Buck. When he was a county D.A., he refused to prosecute a rape that the accused essentially admitted he had committed. Instead, Buck chose to blame the victim, calling her charges a case of "buyer's remorse." Perhaps most disturbingly, it appears his statement and inaction might have been retribution for what some claimed was an abortion the victim had a year before (despite the victim's claim that she had a miscarriage). Keep in mind this is a man who is against legal abortion even in the cases of rape and incest, and apparently agrees with Sharron Angle that rape victims who become pregnant as a result of their assault should make "lemonade" out of "what was really a lemon situation."
If this weren't enough, this week an interview from March reemerged in which the "get rid of government no matter what the cost" Buck actually came out in favor of privatizing the Centers for Disease Control and Prevention! Imagine the CDC privatized -- the profit motive being the sole determination for whether the Center might act to save millions of lives... or let millions suffer or even die.
This is what extremism looks like. These could be the new people making our laws.
But it's not too late. We can Stamp Out Extremism. Please, this election, dig deep, speak out and get involved.
The latest poll numbers have progressive Democrat Joe Sestak ahead of pro-corporate extremist Pat Toomey in the Pennsylvania Senate race for the first time... Colorado is a very tight race and our endorsed candidate Michael Bennet is in position to defeat Buck with enough of our help... the progressive Senate candidate in Kentucky, Jack Conway, is running very close and could actually beat Republican Rand Paul because of his extremism... and we are fighting tooth-and-nail to keep Russ Feingold in the Senate and stop the radically right-wing Ron Johnson. We are in the process right now of producing ads for all of these states and more, and finalizing our field plan to get out the vote.
Please stay tuned for more on those products and activities, and, in the meantime, help spread around our resources, like our "Rogues Gallery" report, which calls out the GOP's extremist Senate candidates, and our "After Citizens United" report, which exposes the corporate front groups that are trying to buy this election for the Republicans.
UPDATE:Jed Lewison at Kos highlights right-wing candidates attacks on the miminum wage:
As Joan McCarter (here, here, and here) and DemFromCT (here) have documented, in the past few weeks leading Republican candidates have come out against the minimum wage, either calling for it to be lowered or for eliminating it altogether because they think it's unconstitutional. And now West Virginia GOP Senate nominee Joe Raese is once again vowing to repeal the Fair Labor Standards Act which established the minimum wage.
The key thing about the GOP position is that it's not just the minimum wage that they want to get rid of. They want to nuke virtually every law and regulation that protects workers. And that includes another provision of the Fair Labor Standards Act: overtime pay.
UPDATE 2: Tea Party House candidate in California's 11th Congressional District, David Harmer, wants to abolish public schools. Sharron Angle and others want to do away with the Department of Education, but Harmer's position could be an even more extreme attack on public education. Harmer is leading progressive incumbent Rep. Jerry McNerney in the polls...
Is public education a sign that government is too big? That’s what a front-running GOP congressional candidate in California thinks. Nick Baumann at Mother Jones reports that David Harmer, who hopes to defeat Rep. Jerry McNerney in California’s 11th congressional district, has advocated for eliminating the public education system altogether:
[I]n 2000, he published a lengthy op-ed in the San Francisco Chronicle titled, "Abolish the Public Schools." In that Chronicle piece, Harmer argues that "government should exit the business of running and funding schools." He contends that would allow for "quantum leaps in educational quality and opportunity" and notes that he's simply pushing for a return to "the way things worked through the first century of American nationhood." Here's how he describes the wondrous world of early American education:
“[L]iteracy levels among all classes, at least outside the South, matched or exceeded those prevailing now, and... public discourse and even tabloid content was pitched at what today would be considered a college-level audience. Schooling then was typically funded by parents or other family members responsible for the student, who paid modest tuition. If they couldn't afford it, trade guilds, benevolent associations, fraternal organizations, churches and charities helped. In this quintessentially American approach, free people acting in a free market found a variety of ways to pay for a variety of schools serving a variety of students, all without central command or control.”
Yet historians say the early American education system was nothing like that. Back then, even high school was a luxury. "The high school at that point is a kind of elite form of education pretty much limited to the inner cities," says John Rury, an education historian at the University of Kansas. The rest of the system was far from comprehensive. What early schools taught, Rury says, were "very basic literacy and computational skills." Many schools only met four or five months a year, and their quality varied widely. "To get to a higher level of cognitive performance, you needed to have more teachers and longer school years, and that drove costs up," he explains. That led to modern taxpayer-supported schools. "Look around the world," says Rury. "Do we have an example of a modern, well-developed school system that operates on the model this person is advocating? We don't."
Granted, Harmer is the only one of this year’s batch of far-right candidates who has wanted to go so far as to eliminate public education (though pleas to get rid of the standards-enforcing Department of Education are common). But his argument does illuminate the Tea Party movement’s enthusiastic embrace of radically regressive policies. For instance, there’s Rand Paul’s plug for replacing the income tax with a flat national sales tax (ensuring that the poor are disproportionately hit by taxes and the rich are home free), there's Ken Buck's proposal to privatize the Centers for Disease Control's public health work, there’s Christine O’Donnell’s insistence that non-citizens with serious injuries should be turned away by hospitals (which, as Adam Serwer points out, flies in the face of both decency and a law signed by Ronald Reagan), and then there’s the gleefully righteous reaction on the Right to the absurdly symbolic incident of the pay-for-play fire department that stood by while a house burned down.
These aren’t instances of opposition to further expansion of government. They’re examples of a backwards-looking ideology taken to its logical, and disastrous, extremes.
In the world of sports, corporate sponsorship has increasingly become associated with naming rights. That's why we now have the Allstate Sugar Bowl, the Discover Orange Bowl, and the Kentucky Derby presented by Yum! Brands.
But why limit this to the world of sports? Perhaps it's time for Americans to recognize the corporate sponsorship of Republicans in Congress and on the campaign trail by using corporate sponsorship names.
The only catch, of course, is that the megacorporations that are spending unprecedented amounts of campaign cash are hiding their identities in the shadows. Fortunately, though, we know the organizations who are laundering the money for them.
So if the elections go as the Republicans and their corporate sponsors hope, we may well soon be talking about Sen. Club For Growth Buck of Colorado and Sen. Club For Growth Johnson of Wisconsin.
For those who appreciate a little foreign influence in their elections – and on their elected officials – perhaps the people of Missouri, Indiana, and Illinois corporations will see their interests represented by a Sen. Chamber of Commerce Blunt, Sen. Chamber of Commerce Coates, and Sen. Chamber of Commerce Kirk.
Of course, we shouldn't forget the hard work that Karl Rove has been doing to hide the unprecedented deluge of corporate campaign cash from the American public. So we may soon be welcoming Sen. American Crossroads Fiorina of California, Sen. American Crossroads Paul of Kentucky, Sen. American Crossroads Portman of Ohio, and Sen. American Crossroads Ayotte of New Hampshire.
As any sports fan knows, the fights over naming rights can be quite expensive. So should Harry Reid lose his race for reelection, there may well be a bidding war over whether Nevada will be represented by Sen. American Crossroads Angle, Sen. Club For Growth Angle, or Sen. Americans For New Leadership & Liberty Angle.
Alternatively, Americans can show up to the polls to fulfill the words spoken by Abraham Lincoln at Gettysburg: that government of the people, by the people, and for the people, shall not perish from the earth.
A federal judge today ordered the government to stop enforcing the discriminatory Don’t Ask, Don’t Tell policy.
Judge Virginia Phillips of California found last month that the policy violates servicemembers’ First Amendment speech rights and Fifth Amendment right to due process. The injunction she issued today takes effect immediately. The Obama Administration can still choose to appeal her decision.
Christian Berle, the Deputy Director of the Log Cabin Republicans, reacted with this statement:
"These soldiers, sailors, airmen and marines sacrifice so much in defense of our nation and our Constitution," Berle said. "It is imperative that their constitutional freedoms be protected as well. This decision is also a victory for all who support a strong national defense. No longer will our military be compelled to discharge service members with valuable skills and experience because of an archaic policy mandating irrational discrimination."
Federal judges in two separate cases this year have found Don’t Ask Don’t Tell dismissals to be unconstitutional. I summed up some other voices of authority weighing in on the DADT debate in this post. The policy is a disgrace, and it’s far past time for it to be a piece of our history.
Update: The Advocate talked with White House Press Secretary Robert Gibbs about the possibility of appealing the ruling:
At a Tuesday briefing soon after Phillips's issued her judgment, White House press secretary Robert Gibbs told The Advocate he did not know whether the Administration would seek a stay of the ruling, nor did he know if any steps have been taken to bring the Pentagon into compliance with the injunction. "Obviously, there have been a number of [DADT] court cases that have ruled in favor of plaintiffs in this case and the president will continue to work as hard he can to change the law that he believes is fundamentally unfair," Gibbs said.
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:
The Pew Research Center reported this week that fewer than half of Americans are opposed to same-sex marriage, the first time opposition has dipped below 50% since Pew began polling on the issue 15 years ago.
Opposition to marriage equality still edges out support, with 48% opposed and 42% in favor, but Pew’s data show’s a clear and steady trend toward acceptance of equal rights for gays and lesbians. And take a look at this chart showing how support breaks down among different age groups. The trend is remarkable:
In August, People For’s president, Michael Keegan, wrote in the Huffington Post, “The Right has won many important battles against gay rights, but they are losing the war...and they know it”:
For years, the Right has watched its anti-gay agenda lose credibility as public acceptance of gays and lesbians has steadily grown and intolerance has declined. And that trend is going strong, as young people of all political stripes are more likely to know gay people and more willing to grant them equal rights and opportunities, including the right to marriage. A CNN poll this month found that a majority of Americans think gays and lesbians should have the right to marry--the first time gay marriage dissenters had slipped solidly into the minority in a national poll. Even in California, where Proposition 8 passed on the ballot in 2008, a poll earlier this year found a majority now support same sex marriage rights. Indeed, this change is even visible on the Right, where the fight against equality is being waged by an increasingly marginalized movement. Who would have ever thought that Ann Coulter would be booted from a right-wing conference for being "too gay friendly"?
Of course, basic human rights should never be decided by majority vote--they are guaranteed by the Constitution. But, on the issue of gay rights, the Right Wing now finds itself up against both the Constitution and the will of a steadily increasing majority.
This isn’t to say that the Right Wing has been taking the hint that an anti-gay agenda might be a losing proposition in the long run. Rather, prominent figures on the Right seem to be trying to revel in homophobia as much as possible before the issue becomes marginalized. Opposition to the “homosexual agenda” was a major theme of last month’s “Values Voter Summit,” which drew GOP leaders (and aspiring GOP leaders) like Mitt Romney, Tim Pawlenty, and Bob McDonnell. And even Glenn Beck, who drew flack from the far right for saying that gay marriage wouldn’t be a threat to the country, regularly invites pseudohistorian and professional homophobe David Barton—who recently opined that gay people were such a threat to the country that gay sex should be regulated—to lend his expertise to his program.
Maybe the most stunning thing about the Right’s commitment to anti-gay politics is the continuing opposition to allowing gays and lesbians to serve openly in the military. Pew found that Americans support allowing gays and lesbians to serve openly by a 2-1 margin—yet the Republican Party continues to side with a small minority of right-wing extremists dedicated to preserving Don’t Ask Don’t Tell.
Today, as the Supreme Court opens its new term, the major news concerns a decision from last term: the solid rebuke of Citizens United by a bipartisan group of more than 50 legal scholars and public officials. The impact of that decision is poisoning election campaigns around the country and, through the Congress that will be elected as a result, will doubtless impact the lives of every American.
This term, the Court will be deciding at least one new corporate personhood case, as well as other cases affecting our most important rights, including freedom of speech, church-state separation, and due process. Some of the ones we'll be looking at:
Corporate Personhood & Privacy:AT&T v. FCC. The Freedom of Information Act (FOIA) generally requires federal agencies to disclose records to the public upon request. There are numerous exceptions, such as records or information compiled for law enforcement purposes whose disclosure could reasonably be expected to constitute an unwarranted invasion of "personal privacy." The Supreme Court will decide if "personal privacy" applies to corporations, as well as to people.
Free Speech:Snyder v. Phelps. Fred Phelps and his fellow fanatics from the Westboro Baptist Church are infamous for picketing the funerals of military personnel with messages such as "God Hates Fags." According to Phelps, the deaths of U.S. servicemembers are God's punishment for the nation's tolerance of homosexuality. The Supreme Court will determine whether Phelps' funeral-picketing activities are protected by the First Amendment. The case will be argued Wednesday.
Free Speech:Schwarzenegger v. Video Software Dealers Association. The Supreme Court will address whether a California law restricting the sale of violent video games to minors violates the free speech protections of the First Amendment. California argues that states can restrict minors' access to violent material just as they can with sexual material. During oral arguments in November, we may get a sense as to whether the Supreme Court agrees.
Church-State Separation:Arizona Christian Tuition v. Winn. Arizona has a program that gives parents tax credits for tuition at private schools. Most parents use these credits toward tuition at religious schools. A group of taxpayers sued, arguing that this violates the Establishment Clause of the First Amendment. Before the Supreme Court can decide that issue, it must first determine if the plaintiffs have standing to sue. In 2007, the Roberts Court limited the circumstances in which taxpayers can challenge government expenditures that violate the Establishment Clause, and they may do so again in this case.
State Secrets Privilege:General Dynamics v. U.S. and Boeing v. U.S. These cases are actually not about the most infamous uses of the states secret privilege, which notoriously has been used to shut down lawsuits against the government alleging U.S. complicity in torture and other illegal activities. This time, it's the federal government that has initiated the lawsuit, which raises interesting Due Process issues. These consolidated cases address whether the United States can sue two defense contractors for failing to fulfill their contractual obligations, while at the same time using the state secrets privilege to prevent the companies from presenting a defense.
Employment of Immigrants:Chamber of Commerce of the United States v. Whiting. In 2007, Arizona passed a law targeting employers who hire undocumented immigrants by revoking their licenses to operate in the state. The state law also requires employers to participate in a federal electronic employment verification system that federal law specifically makes voluntary. The Supreme Court will decide whether federal immigration legislation preempts Arizona's laws.
Preemption - Right to Sue Drug Manufacturers:Bruesewitz v. Wyeth. The federal Vaccine Act preempts certain design defect lawsuits in state court against child vaccine manufacturers "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings." The Bruesewitz family argues that their lawsuit isn't preempted because the side effects were not unavoidable: A safer, alternative vaccine was available. The Supreme Court will decide if the Vaccine Act preempts the family's suit.
Preemption - Right to Sue Car Manufacturers:Williamson v. Mazda. An accident victim sued Mazda in state court for negligently choosing to install a lap-only seatbelt in the back center seat instead of a safer lap/shoulder belt. However, federal car safety regulations at the time specifically allowed lap-only seatbelts. The Supreme Court will decide if Congress intended the federal safety regulations to preempt such state lawsuits.
Traditionally, political parties and their campaign arms spend the most amount of money promoting their congressional and senatorial candidates across the country. Following the Supreme Court’s decision in Citizens United, however, a flurry of outside groups has materialized with gigantic war chests. As profiled in After Citizens United: A Look into the Pro-Corporate Players in American Politics, the Court’s decision allowed for new groups to surface and older organizations to increase their fundraising capacities. In the midterm elections, Kristin Jensen and Jonathan D. Salant of Bloomberg reportthat political committees supporting Republicans and attacking Democratic officials have so-far outspent both the Republican and Democratic parties’ campaign arms in 2010:
Republican-leaning groups outspent the two political parties combined during September’s first four weeks in a bid to sway the U.S. congressional elections, Federal Election Commission reports show.
The groups -- including Crossroads GPS, advised by Republican strategist Karl Rove, and the U.S. Chamber of Commerce -- spent more than $33 million, mainly on advertising. That compares with just under $20 million spent by the Republican and Democratic committees charged with electing their party’s candidates.
Outside organizations are focusing most of their fire on Senate races, particularly in California, Colorado, Florida, Missouri, Nevada and Pennsylvania, their reports to the FEC show. Many of the groups are registered as nonprofits that don’t have to disclose their donors, drawing protest from Democrats including President Barack Obama and Montana Senator Max Baucus.
“Republican operatives in the shadows are clearly winning the hidden money game,” said Linda Fowler, a government professor at Dartmouth College in Hanover, New Hampshire.
Obama has used two of his recent weekly addresses to blast Republicans for blocking legislation that would make groups engaged in political activity report their contributions. Baucus, the Senate Finance Committee chairman, today asked Internal Revenue Service Commissioner Doug Shulman to investigate the organizations.
While political parties and their campaign arms must disclose their donors and have caps on contribution amounts, many outside groups accept unlimited amounts of money from individuals and corporations and do not have to disclose the sources of their funding. Thanks to such organizational advantages, such outside groups are now overshadowing political parties as regulations concerning transparency and spending fall by the wayside.
Republicans in the U.S. Senate have already broken all records for unprincipled partisan obstructionism, preventing the administration from putting people into key positions in the executive branch, blocking judicial confirmations, and delaying and preventing Congress from dealing with important issues facing the nation, from financial reform to immigration. Now a bumper crop of far-right GOP candidates threatens to turn the "deliberative body"into a haven for extremists who view much of the federal government as unconstitutional and who are itching to shut it down.
Fueled by the unlimited deep pockets of billionaire anti-government ideologues, various Tea Party and corporate-interest groups have poured money into primary elections this year. They and conservative voters angry about the actions of the Obama administration have replaced even very conservative senators and candidates backed by the national Republican establishment with others who embrace a range of radically right-wing views on the Constitution, the role of government, the protection of individual freedoms, and the separation of church and state.
Recently, Religious Right leaders have been grousing that Republican candidates arent talking enough about abortion and same-sex marriage. But this report indicates that anti-gay and anti-choice activists have little to worry about, as the right-wing candidates profiled here share those anti-freedom positions even if theyre talking more about shutting down federal agencies, privatizing Social Security, and eliminating most of the taxes paid by the wealthiest Americans. A number of these candidates oppose legal abortion even in cases of rape or incest.
Sen. Jim DeMint of South Carolina is helping to lead the charge with his Senate Conservatives Fund. DeMint, an absolute favorite of both the Tea Party and Religious Right political movements for his uncompromising extremism on both economic and social issues, is at the far right fringe of the Republican Party and has committed himself to helping elect more like-minded colleagues. Sarah Palin, also popular among both Tea Party and Religious Right activists, has also injected her high-profile name, busy Twitter fingers, and PAC cash into numerous Senate races.
Among the right-wing insurgents who defeated candidates backed by national party leadership are Christine ODonnell of Delaware, Joe Miller of Alaska, Marco Rubio of Florida, Rand Paul of Kentucky, Sharron Angle of Nevada, Ken Buck of Colorado, and Mike Lee of Utah. Others, like Carly Fiorina of California, came through crowded primaries where right-wing leaders split their endorsements, but have now coalesced around her candidacy.
And thanks to the conservative Supreme Courts ruling in the Citizens United case, which said corporations have the same rights as citizens to make independent expenditures in elections, right-wing candidates across the board will be benefitting from a massive infusion of corporate money designed to elect candidates who will oppose governmental efforts to hold them accountable, for example environmental protections and government regulation of the financial industry practices that led the nation into a deep recession.
This In Focus provides an introduction to a select group of right-wing candidates who hope to ride a wave of toxic Tea Party anger into the U.S. Senate. The potential impact of a Senate with even half of these DeMint-Palin acolytes would be devastating to the Senates ability to function and the federal governments ability to protect the safety and well-being of American citizens.
At this point, the GOP’s refusal to end Don’t Ask Don’t Tell seems not only embarrassing, but futile. After Senate Republicans blocked DADT repeal earlier this week, I compiled a list of the prominent arguments for and against repeal. I’ll add the Constitution to the “for” column. Again.
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.”
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.”