Colorado

Florida Puts Hold on Voter Purge, North Carolina Lifts the Veil on Voter ID Law

When we last checked in with the controversial Florida voter purge, advocates and media alike were speculating over what route Governor Rick Scott and Secretary of State Ken Detzner would take in 2014, with Detzner's office considering comparing its voter records with the US Department of Homeland Security's federal citizenship database known as Systematic Alien Verification for Entitlements (SAVE). Now we know: the purge is off for 2014. Also this week, in North Carolina US Magistrate Judge Joi Elizabeth Peake ruled that lawmakers must release correspondence related to the formation of the state's new voter ID law, saying that though some records might be shielded, many are considered public.
PFAW

PFAW Releases New Toolkit on Getting Money Out and Voters In to Our Democracy

We believe in a democratic system where all Americans have equal access to the voting booth and can express their views on a level playing field.
PFAW

Voter suppression and intimidation reported in Colorado recall election

The recall effort began earlier this year as a grassroots protest and on Tuesday resulted in State Senate President John Morse of Colorado Springs and State Senator Angela Giron of Pueblo losing their seats.
PFAW

All Hands On Deck: Stop the NRA’s Colorado Senate Recall!

YOU can help defeat gun extremists' unprecedented power grab in Colorado.
PFAW

From the Archives: Ken Buck's Extreme Record

As you may have heard, 2010 Tea Party candidate Ken Buck has decided to throw his hat into the ring for the 2014 Senate race in Colorado. Unfortunately for him, no one has forgotten the extreme record that led voters to reject him last time around.

PFAW

PFAWF: More Attention on Colorado Censorship Campaign

Last week, People For the American Way Foundation joined a campaign to fight book censorship in a Colorado school district. The censorship battle began when a group of parents launched a petition to keep Toni Morrison’s The Bluest Eye out of the Legacy High School curriculum. Legacy High student Bailey Cross started a counter-petition emphasizing the dangerous precedent that this censorship would set and encouraging the school district to keep the book on the approved reading list.

PFAW Foundation sent a letter to the Adams 12 Five Star School District Board of Education showing support for the student’s campaign and urging the district to reject the attempts at censorship.

The efforts of the Foundation were highlighted by the Denver Post yesterday. Staff writer Yesenia Robles wrote that the parents involved claim the book is “developmentally inappropriate” and should be kept out of the classroom.

People For the American Way Foundation disagrees. Robles reports,

"We do understand this book has themes and content that are really challenging, but that's why it should be taught," foundation spokesman Drew Courtney said. "An important role of classrooms is to help students and young adults deal with that, to have those conversations in an intelligent way in the classrooms. Offering an alternative assignment is appropriate, but banning a prize-winning novel isn't prudence. It's censorship."

See the full Denver Post article here.

PFAW Foundation

PFAW Foundation Joins Fight Against Book Censorship in Colorado School District

“If one book is banned from being taught in a classroom setting, then it opens the door for all books – and ideas – to be banned as well.”

These are the closing words to a petition launched by high school student Bailey Cross in response to an attempt to eliminate Toni Morrison’s The Bluest Eye from the high school curriculum in her Colorado school district.  The school board will have to decide the fate of the book in the district’s classrooms, which a local news source has reported could happen as early as August

In their petition, the students point out that parents or students who object to the reading assignment are already offered an alternative novel.  In addition, teachers are not forced to teach the book.  The outright elimination of this important piece of literature from the classroom would set a troubling precedent.

Today People For the American Way Foundation sent a letter on behalf of our 718,000 members to the Adams 12 Five Star School District Board of Education urging them to reject the attempts at censorship.  The letter notes,

“Since it was first published in 1970, The Bluest Eye has been the target of censorship attempts because of its frank portrayal of racism and sexual assault. But shielding high school students from these subjects and from Morrison’s discussion of them does nothing to eliminate them from the world. Instead, Morrison’s nuanced discussions of difficult issues serve to help readers understand, discuss, and confront those issues…

“Our nation’s schools are meant to be places that encourage the free exchange of ideas.”

Let’s make sure we keep them that way.

PFAW Foundation

As Washington Begins Debate on Gun Violence Bills, National Responses Vary

As the U.S. Senate prepares to consider a package of gun violence prevention proposals this week, the current debate on the role of guns in society has led to a variety of legislative responses in D.C. and across the nation.
PFAW

This is How Judicial Nominations are Supposed to Work

President Obama will end his second term with more vacancies on the federal courts than there were when he started. Today there are 99 vacancies on the federal circuit and district courts, 33 of which are for courts that are so busy that they’ve been officially designated “judicial emergencies.” This glut of vacancies is in large part due to Senate Republicans’ persistent obstruction of the president’s nominees – even the ones from their own states who they purportedly support. During President Obama’s first term, judicial nominees have had to wait on average three times as long after committee approval for a vote from the full Senate as did nominees in President George W. Bush’s first term.

But some vacancies are due to a less well-known but all too common delay at the very start of the nominations process.

Before he makes a nomination to the federal judiciary, President Obama asks senators from the state where the vacancy has occurred to present him with recommendations. It’s a way to identify nominees from any given state and to ensure home-state, often bipartisan, support for nominees. The problem is, senators from both parties have too often dragged their feet in recommending acceptable nominees, leading to often years-long vacancies in the federal courts.

These vacancies exist despite the fact that most federal judges give months, sometimes even a full year of notice before retiring or taking senior status (semi-retirement) so that a replacement can be found.

This week, senators from Colorado and New Mexico showed how the process is meant to work – and how it would work, if all senators followed their lead.

In Colorado, district court judge Wiley Daniel announced last winter that he would be leaving his seat in January 2013. Colorado senators Mark Udall and Michael Bennet set up a bipartisan commission to find qualified nominees for the seat in a timely manner. They then recommended a set of finalists to the White House, which in turn nominated Raymond P. Moore on Tuesday, before the seat he would fill becomes vacant. Of the 18 future vacancies currently listed by the Administrative Office of U.S. Courts, Colorado is one of only two states with a nominee.

In New Mexico, Judge Bruce Black announced in June that he would be leaving the court in October, just a few short months. So New Mexico’s senators, Tom Udall and Jeff Bingaman, announced their bipartisan commission that very day, leading to the president’s nomination yesterday of Kenneth John Gonzales to fill the vacancy.

There is no excuse for seats on the federal courts to be left open for years, as caseloads multiply and litigants face delays. The senators from Colorado and New Mexico showed how the front end of the judicial nominations process can be efficient and fair.

PFAW

ACLU DNA, Lead Paint, and the Judges who Made it Through GOP Obstruction

As we like to remind anyone who will listen, the current GOP senate has been shameless in its enthusiasm for obstructing judicial nominees just for the sake of obstruction. For instance, a PFAW memo on August 2 reported that of 24 nominees then waiting for confirmation votes, 21 had been voted through the Senate Judiciary Committee with no recorded opposition. Instead of sending through at least the unopposed nominees in a voice vote and moving on with its business, the Senate decided to keep these potential jurists off the bench for as long as possible – despite the pressing problem of unfilled judicial seats leading to slowed down justice. Ultimately, 4 of those nominees were confirmed by the Senate before it left for its August recess, and 20 remain waiting. (The Washington Post this morning lamented that such “gamesmanship is not only frustrating but also destructive”)

This sort of thing is a clear example of obstruction for obstruction’s sake. But what about the nominees who do face some GOP opposition? Last week, The Atlantic’s Andrew Cohen took an in-depth look at some of President Obama’s nominees who were ultimately confirmed by the Senate, but who received more than 25 “no” votes. The reason? Most were opposed because of a record fighting for civil liberties or against big corporations. Here are a few of Cohen’s examples:

7th U.S. Circuit Court of Appeals Judge David Hamilton (Votes 59-39). Even though his local Federalist Society endorsed this nephew of former Congressional leader Lee Hamilton, Senate Republicans mostly didn't because, as a trial judge, Hamilton had issued this 2005 ruling which had infuriated the religious right. Citing Supreme Court precedent, Judge Hamilton had ruled that Indiana's legislative prayer before each session could no longer be "sectarian" and regularly invoke the name of Jesus Christ.


Northern District of Ohio Judge Benita Y. Pearson (Votes 56-39). The first black female federal jurist in Ohio almost didn't get the gig. The precise reasons why are unclear. The People for the American Way suggested that she was a member of an animal rights group and thus earned the wrath of those in the cattle industries -- although 39 "no" votes is quite a lot of beef to have against a pioneering jurist.


District of Colorado Judge William J. Martinez
(Votes 58-37). By contrast, it is not hard to understand why this Mexico-born nominee roused so much Republican opposition on the floor of the Senate. Before he was nominated, Martinez advised the Americans with Civil Liberties Union and was a lawyer for the Equal Employment Opportunity Commission (just like Clarence Thomas before him, only Justice Thomas' EEOC experience evidently was a boon for his nomination). Of nominee Martinez, Sen. Jeff Sessions (R-Ala.) said: "It seems that if you've got the ACLU DNA you've got a pretty good leg up to being nominated by this president."


District of Rhode Island Judge John J. McConnell (Votes 50-44). It's also fairly clear why Judge McConnell almost didn't make it onto the bench. Senate Republicans didn't like him because the U.S. Chamber of Commerce didn't like him because, as a lawyer, McConnell had successfully sued Big Tobacco and fought for those harmed by lead paint. Evidently that's five Republican votes more serious in the Senate than ticking off Big Beef.


Northern District of California Judge Edward M. Chen
(Votes 56-42). Like Judge Martinez, Edward Chen evidently was touched with the "ACLU gene," which rendered him objectionable to Senate Republicans. Sen. Charles Grassley (R-Iowa), whose state's Asian population is nearly three times lower than the American average, voted against Chen because he thought the well-respected former magistrate judge employed the "empathy standard" of judging.


District of Oregon Judge Michael H. Simon
(Votes 64-35). Harvard educated? Check. Prior government experience with the Justice Department? Check. So why 35 "no" votes? Because Simon had worked for the ACLU. The seat he took on the federal bench, reported the Oregonian, had been vacant for 664 days, two months short of two years. How would you like to have been a litigant in Oregon during that time?


All of these nominees were ultimately confirmed – but not after plenty of stalling and debate over the value of “ACLU DNA” or of holding big corporations accountable for their actions. When we talk about the many nominees who are unopposed yet unaccountably stalled, it’s important to remember that the few nominees who do face GOP opposition don’t always face that opposition for the most convincing of reasons.
 

PFAW

Americans Support Tax Increases

We know the Republican view on taxes. In Minnesota, the government has shut down over Republican refusal to raise taxes on the fewer than 8,000 people making over $1 million. On the national level, Republicans are refusing to even consider raising revenue, threatening to let the U.S. default on its debt. But what about everyday Americans? Even with the influence of the anti-tax Tea Party, Americans strongly support raising taxes in order to decrease the deficit and reduce income inequality, as 19 polls taken since the beginning of the year show. Bruce Braley has the rundown:

A June 9 Washington Post/ABC News poll found that 61 percent of people believe higher taxes will be necessary to reduce the deficit.

A June 7 Pew poll found strong support for tax increases to reduce the deficit; 67 percent of people favor raising the wage cap for Social Security taxes, 66 percent raising income tax rates on those making more than $250,000, and 62 percent favor limiting tax deductions for large corporations. A plurality of people would also limit the mortgage interest deduction.

A May 26 Lake Research poll of Colorado voters found that they support higher taxes on the rich to shore-up Social Security’s finances by a 44 percent to 25 percent margin.

A May 13 Bloomberg poll found that only one third of people believe it is possible to substantially reduce the budget deficit without higher taxes; two thirds do not.

A May 12 Ipsos/Reuters poll found that three-fifths of people would support higher taxes to reduce the deficit.

A May 4 Quinnipiac poll found that people favor raising taxes on those making more than $250,000 to reduce the deficit by a 69 percent to 28 percent margin.

An April 29 Gallup poll found that only 20 percent of people believe the budget deficit should be reduced only by cutting spending; 76 percent say that higher taxes must play a role.

An April 25 USC/Los Angeles Times poll of Californians found that by about a 2-to-1 margin voters favor raising taxes to deal with the state’s budget problems over cutting spending alone.

An April 22 New York Times/CBS News poll found that 72 percent of people favor raising taxes on the rich to reduce the deficit. It also found that 66 percent of people believe tax increases will be necessary to reduce the deficit versus 19 percent who believe spending cuts alone are sufficient.

An April 20 Washington Post/ABC News poll found that by a 2-to-1 margin people favor a combination of higher taxes and spending cuts over spending cuts alone to reduce the deficit. It also found that 72 percent of people favor raising taxes on the rich to reduce the deficit and it is far and away the most popular deficit reduction measure.

An April 20 Public Religion Research Institute poll found that by a 2-to-1 margin, people believe that the wealthy should pay more taxes than the poor or middle class. Also, 62 percent of people believe that growing inequality of wealth is a serious problem.

An April 18 McClatchy-Marist poll found that voters support higher taxes on the rich to reduce the deficit by a 2-to-1 margin, including 45 percent of self-identified Tea Party members.

An April 18 Gallup poll found that 67 percent of people do not believe that corporations pay their fair share of taxes, and 59 percent believe that the rich do not pay their fair share.

On April 1, Tulchin Research released a poll showing that voters in California overwhelmingly support higher taxes on the rich to deal with the state’s budgetary problems.

A March 15 ABC News/Washington Post poll found that only 31 percent of voters publican policy of only cutting spending to reduce the deficit; 64 percent believe higher taxes will also be necessary.

A March 2 NBC News/Wall Street Journal poll found that 81 percent of people would support a surtax on millionaires to help reduce the budget deficit, and 68 percent would support eliminating the Bush tax cuts for those earning more than $250,000.

A February 15 CBS News poll found that only 49 percent of people believe that reducing the deficit will require cuts in programs that benefit them; 41 percent do not. Also, only 37 percent of people believe that reducing the deficit will require higher taxes on them; 59 percent do not.

A January 20 CBS News/New York Times poll found that close to two-thirds of people would rather raise taxes than cut benefits for Social Security or Medicare in order to stabilize their finances. The poll also found that if taxes must be raised, 33 percent would favor a national sales tax, 32 percent would support restricting the mortgage interest deduction, 12 percent would raise the gasoline taxes, and 10 percent would tax health care benefits.

On January 3, a 60 Minutes/Vanity Fair poll found that 61 percent of people would rather raise taxes on the rich to balance the budget than cut defense, Social Security or Medicare.

h/t Teagan Goddard

PFAW

Videos: Young Elected Officials at the White House

Earlier this month, members of PFAW Foundation’s Young Elected Officials network were invited to the White House for a day of briefings with top Administration officials and a private reception with President Obama.

The White House communications team caught up with a few of the YEOs after the reception. Here’s what they had to say:

 

 

 

PFAW

Senate Judiciary Committee Exposes the Corporate Court

The Senate Judiciary Committee held an important hearing this morning looking into the disturbing trend of the Roberts Court to shut down people’s access to justice when they go to court to vindicate their rights against large corporations.

The hearing was on Barriers to Justice and Accountability: How the Supreme Court's Recent Rulings Will Affect Corporate Behavior. Chairman Leahy opened the hearing discussing how recent Supreme Court cases are making it harder for working Americans to get their day in court. He expressed particular concern about three cases:

  • Wal-Mart v. Dukes, which will make it harder to hold big companies accountable when they violate civil rights laws;
  • Janus Capital Group v. First Derivative Traders, which shielded from accountability those who knowingly committed securities fraud; and
  • AT&T Mobility v. Concepcion, which prevents victims of consumer fraud from the protections of jury trials and class actions.

The committee invited four distinguished people to address the issue: Betty Dukes (plaintiff in the sex discrimination case against Wal-Mart) was the one panelist who was also a party to one of the cases being discussed. She spoke poignantly about her experience at Wal-Mart and the fear that so many women have of going against their employer, especially one as powerful as Wal-Mart. She promised to continue her fight, but knows that without a national class action, many women will be intimidated into not litigating.

Andrew J. Pincus (a Washington lawyer who has argued many cases before the Court) and Robert Alt (from the Heritage Foundation) denied that the Court was tilting unfairly to favor corporations, argued that the cases were decided rightly, and stated that the Court was simply upholding existing law. In contrast, Melissa Hart (law professor at the University of Colorado) and James Cox (law professor at Duke) took the position that the Court is wrongly shielding wrongdoers from accountability.

Professor Hart correctly characterized as a policy decision the Roberts Court's tendency to interpret procedural law so restrictively, despite congressional intent otherwise, so that Americans become unable to present their case to an impartial court.

Senator Whitehouse discussed the critical role juries play in American government. He noted that juries are mentioned three times in the Constitution, and that they remain a government institution that Big Business cannot corrupt. For years, the far right has been denigrating "trial lawyers" and "runaway juries" in an effort to keep Americans from being able to hold the powerful accountable. Whitehouse argued that the Roberts Court is acting consistently with that pattern.

People For the American Way Foundation submitted testimony to the committee on how the Roberts Court has removed substantive and procedural protections that are the only way that individuals can avoid becoming victimized by giant corporations that dwarf them in size, wealth, and power. These decisions often provide road maps to corporate interests in how to avoid accountability for harm that they do. The constitutional design empowering individuals to consolidate their power against corporations is slowly being eroded by a fiercely ideological Court. Today's hearing is part of an effort to expose the harm that is being done.

PFAW

Japanese American Groups Supporting American Muslims in Fight Against Discrimination

The Washington Post today reports on the work some Japanese American groups are doing to support American Muslims, who are increasingly the objects of widespread fear and suspicion because of their faith. These groups see echoes of the persecution Japanese Americans faced during World War II in the scapegoating and vilification of American Muslims, exemplified by the congressional hearings Rep. Peter King is beginning this week:

Spurred by memories of the World War II-era roundup and internment of 110,000 of their own people, Japanese Americans - especially those on the West Coast - have been among the most vocal and passionate supporters of embattled Muslims. They've rallied public support against hate crimes at mosques, signed on to legal briefs opposing the government's indefinite detention of Muslims, organized cross-cultural trips to the Manzanar internment camp memorial near the Sierra Nevada mountains in California, and held "Bridging Communities" workshops in Islamic schools and on college campuses.

Last week, Rep. Michael M. Honda (D-Calif.), who as a child spent several wartime years living behind barbed wire at Camp Amache in southeastern Colorado, denounced King's hearings as "something similarly sinister."

"Rep. King's intent seems clear: To cast suspicion upon all Muslim Americans and to stoke the fires of anti-Muslim prejudice and Islamophobia," Honda wrote in an op-ed published by the San Francisco Chronicle.

Last November, in the heat of the debate over the Park51 Islamic community center in lower Manhattan (aka the “Ground Zero Mosque”), former Supreme Court Justice John Paul Stevens spoke [pdf] about the parallel between the prejudice Japanese Americans faced during World War II the demonization that American Muslims are facing today. Stevens, a WWII veteran, recalled a visit to Pearl Harbor in 1994, when he spotted a group of Japanese tourists and had to fight his first reaction, which was that “those people really don’t belong here”:

But then, after a period of reflection, some of those New Yorkers may have had second thoughts, just as I did at the Arizona. The Japanese tourists were not responsible for what some of their countrymen did decades ago; the Muslims planning to build the mosque are not responsible for what an entirely different group of Muslims did on 9/11. Indeed, terrorists like those who killed over 3, 000 Americans -including Catholics , Jews , Protestants, atheists and some of the 600 ,000 Muslims who live in New York -have also killed many more Muslims who disagree with their radical views in other parts of the world. Many of the Muslims who pray in New York mosques may well have come to America to escape the intolerance of radicals like those who dominate the Taliban. Descendants of pilgrims who came to America in the 17th century to escape religious persecutions -as well as those who thereafter joined the American political experiment that those people of faith helped launch -should understand why American Muslims should enjoy the freedom to build their places of worship wherever permitted by local zoning laws.

Our Constitution protects everyone of us from being found guilty of wrongdoing based on the conduct of our associates. Guilt by association is unfair. The monument teaches us that it is also profoundly unwise to draw inferences based on a person's membership in any association or group without first learning something about the group. Its message is a powerful reminder of the fact that ignorance -that is to say, fear of the unknown -is the source of most invidious prejudice.


PFAW

Web Videos Show GOP Extremists In Their Own Words

People For the American Way has produced four new videos showing the extreme far-right views of four Republican candidates for US Senate: Ken Buck of Colorado; Rand Ron Johnson of Wisconsin; Paul of Kentucky, and Pat Toomey of Pennsylvania. These candidates promise to bring their dangerous agenda into the US Senate, and our videos show the candidates in their own words revealing their radical views on topics such as civil rights, LGBT and gender equality, climate change, the economy, and Social Security. You can find more information about all of the GOP’s extreme candidates for US Senate in People For the American Way’s The Rogues’ Gallery.

Ken Buck

Ron Johnson

Rand Paul

Pat Toomey

PFAW

American Action Network’s False Ad Yanked From Airways

Yesterday, Greg Sargent thoroughly debunked a new ad that is targeting Connecticut Democratic Rep. Chris Murphy from the pro-GOP American Action Network. The ad focuses on the recently passed health care reform law, and employs a number of the same misleading charges that other groups have used as detailed in a new People For the American Way report. But the American Action Network takes it one step further, and says that the reform law will mandate “jail time” for people who do not purchase health care insurance:

The ad claims health reform means "$500 billion in Medicare cuts." But Politifact found that "the law does not take $500 billion out of the current Medicare budget."

The ad claims health reform means "thousands of new IRS agents." But Factcheck.org pronounced that assertion "wildly misleading."

As for the claim of "jail time for anyone without coverage," the original bill passed by the House did provide for possible criminal prosecution of those who evade the tax imposed on those who don't get mandated coverage. But FactCheck.org says the Senate nixed that provision, and the final bill Obama signed said folks will not be subject to criminal prosecution.

Now, at least one Connecticut television station has pulled the ad from the air. This new false allegation even rivals the terribly deceptive claim of another American Action Network ad, which says that taxpayers will subsidize Viagra for sex offenders. Sargent reports:

FoxCT, the local Fox affiliate, informed the Murphy campaign that it would stop running the American Action Network ad after the Murphy camp sent the station a letter detailing the ad's falsehoods, the Murphy campaign confirms. "

We have verified that the ad in question is not accurate and will pull their schedule going forward," a FoxCT executive wrote to the Murphy campaign in an email sent my way. "I hope you have reached out to the other stations and they follow the same course."

I'm told other another Connecticut station may follow suit. If so, I'll update you.

All of which is to confirm -- yet again -- that the untold part of this story is that this national campaign bankrolled by secret cash is flooding airwaves across the country with an untold number of falsehoods and distortions. We'll probably never have a clear picture of this campaign's scope and reach, or the depth and extent of its mendacity.

Update:  The American Action Network's notorious "Viagra ad" has been pulled from the air in Colorado, according to CQ.

 

PFAW

PFAW on the air in Colorado

People For the American Way is on the air in Colorado to inform voters about the corporate special interest money that is being used to elect Ken Buck to the US Senate. Coloradans need to know that corporate-funded groups like the US Chamber of Commerce, American Crossroads, and the First Amendment Alliance want Ken Buck in the Senate to push their agenda and block reforms. Corporations want to buy Colorado’s next Senator, and People For the American Way wants to make sure that voters in Colorado know “who’s controlling Ken Buck” and “what are they buying”:

 

PFAW