Illinois

Obama Nominates Three to Illinois District Courts

President Obama yesterday nominated three highly qualified candidates to federal district court judgeships in Illinois. The nominations of Colin Stirling Bruce, Sara Lee Ellis and Andrea R. Wood underscore the president’s commitment to bringing qualified, diverse candidates to the federal bench. Two of the three nominees, Ellis and Wood, are African-American women. Wood brings unique professional diversity to the bench: she currently works for the enforcement division of the Securities and Exchange Commission, which helps keep financial companies accountable to voters and consumers.

PFAW

More Court Vacancies, More GOP Obstruction

Republicans are blocking judicial nominees in Illinois and California, even though new vacancies in those states were announced just this morning.
PFAW

The Judicial Vacancy Crisis in Illinois

Sen. Durbin discusses how the chief judge of the Northern District of Illinois has asked the Senate to fill two vacancies as quickly as possible.
PFAW

More Than 50 Legal Academics Blast Obstruction of 7th Circuit Nomination

More and more Americans are fed up with freshman Senator Ron Johnson's single-handedly blocking the Senate from even considering the nomination of Victoria Nourse to Seventh Circuit Court of Appeals. Yesterday, the Milwaukee Journal-Sentinel reported that:

Johnson's decision to block the judicial nomination of a University of Wisconsin law professor has drawn a pointed letter of protest from a group of legal academics around the country.

Johnson has singlehandedly held up consideration of Victoria Nourse for the Seventh Circuit Court of Appeals, which reviews federal cases from Wisconsin, Illinois and Indiana.

"For a single senator from one state within the Circuit to assert a hold, months after the nomination was complete, undermines Wisconsin's merit-based selection system, blocking highly qualified nominees from a hearing and a vote," reads the letter to Senate Judiciary Chairman Patrick Leahy of Vermont and the panel's top Republican, Charles Grassley of Iowa. "The effect is an unbreakable one-person filibuster."

The professors say a "a nominee of sterling credentials who has served under both Republicans and Democrats" should not be subject to "unending delay." You can click here to see the letter and its 53 signatories, some of whom served under Republican presidents.

Indeed, the letter shows Nourse's support across the ideological spectrum. In addition to progressive legal scholars, signers also include conservatives like Randy Barnett (a senior fellow at the Cato Institute who has challenged the constitutionality of the healthcare reform law) and David Bernstein (author of Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform). The signers also include ten scholars from Wisconsin law schools. All agree that Nourse would make an excellent judge.

Nourse was originally nominated by President Obama more than a year ago after consultation with Wisconsin's two senators. Unfortunately, because of the unprecedented obstruction of qualified judicial nominees by Senate Republicans, Nourse was among the dozens of nominees who the Senate was prevented from considering before 2010 came to an end. President Obama renominated her in January, with the new Congress that now includes newly elected Senator Ron Johnson.

Johnson complains he should have been consulted before the renomination even though the appropriate consultation with Wisconsin's senators occurred when Nourse was originally nominated. Other states with new Republican senators have faced the same situation with the re-nominations of judicial nominees who were originally nominated last year. In every case but Wisconsin, the new Republican senator has allowed the nomination to go forward. Only Senator Johnson has refused.

PFAW

Spirit of a Serial Killer

John Wayne: Rugged. Distinctive. An enduring American Icon. It’s no wonder that Michele Bachmann, as she kicks off her presidential campaign, wants to embody these qualities.

"Well what I want them to know is just like, John Wayne was from Waterloo, Iowa. That's the kind of spirit that I have, too," said Bachmann.

Well, it turns out that Bachmann’s fellow Waterloonian is not John Wayne the movie star, but John Wayne Gacy, the serial killer.

According to the Washington Times, Gacy began his life of crime in Waterloo, before moving on to Illinois, where he picked up a whopping 33 murder convictions before his eventual execution in 1994.

On Face the Nation, Bachmann passed up an opportunity to correct the 16 statements identified by PolitiFact as “False” or “Pants on Fire” – let’s see if she’ll stand by this little gaffe as well.

  

PFAW

Obama Makes the Case for Comprehensive Immigration Reform, DREAM Act

This afternoon in El Paso, President Obama laid out his case for comprehensive immigration reform. In his speech he again expressed his disappointment in the failure of the DREAM Act, which sunk under a filibuster by Senate Republicans late last year:

And we should stop punishing innocent young people for the actions of their parents – by denying them the chance to earn an education or serve in the military. That’s why we need to pass the Dream Act. Now, we passed the Dream Act through the House last year. But even though it received a majority of votes in the Senate, it was blocked when several Republicans who had previously supported the Dream Act voted no.

It was a tremendous disappointment to get so close and then see politics get in the way. And as I gave the commencement at Miami Dade, it broke my heart knowing that a number of those promising, bright students – young people who worked so hard and who speak to what’s best about America – are at risk of facing the agony of deportation. These are kids who grew up in this country, love this country, and know no other place as home. The idea that we would punish them is cruel and it makes no sense. We are a better nation than that.

Illinois Senator Dick Durbin is planning to reintroduce the DREAM Act tomorrow. As the week goes on, we’ll have more on the renewed effort to pass the legislation.

PFAW

Wisconsin YEO Chris Larson Stands Up To GOP Power Play

Republicans in the Wisconsin State Senate announced that they will penalize the fourteen boycotting Senators by imposing a $100-a-day fine and taking away their parking spaces, but the chamber’s Democrats are determined to block the GOP’s radical anti-labor legislation. In an interview with Talking Points Memo, Democratic State Sen. Chris Larson described the group’s resolve not to budge in the face of Republican threats. Sen. Larson is a member of PFAW Foundation’s Young Elected Officials Network, and is working closely with PFAW to build momentum to stop Governor Scott Walker’s plan to quash workers’ rights. He makes clear that the public is increasingly turning against Walker’s plans, and that the Republicans’ latest move only shows their desperation to quickly pass their extreme legislation:

"They've become increasingly desperate with these petty things that they're throwing out there," Larson said. "The next thing they're gonna throw out is we're gonna have to say 'Mother, may I' before anybody can talk."

TPM asked Larson, who said he was at a rest stop in Illinois, whether he was prepared to pay the fines. "You know, it's not about us, it's not about the finances," said Larson. "It's about the cuts that they're doing to workers rights, it's about the cuts that they're doing to educators, and throwing out Medicare, Medicaid and Seniorcare, and trying to change these provisions."

Larson also was not entirely sure whether the fines were legally permissible. "First of all, it's in the Constitution that you cannot diminish a person's wages," said Larson. "But it's beside the point. The fact that they're trying to hold our paychecks and have these fines, it's petty and it's not impacting anybody. We had a meeting and nobody flinched at it. It was just like, wow, he's [Fitzgerald] looking really desperate."

Later in the interview, TPM noted to Larson that the fines appeared to be based on a provision in the state Constitution that the legislature "may compel the attendance of absent members in such manner and under such penalties as each house may provide."

"Well, we'll have to see when we go back," said Larson. "We'll go over it with some lawyers. The fact is, it's giving - it's not making us think about it twice. We're focused on preserving workers' rights, preserving the way of life in Wisconsin without these huge cuts to rights. That's what we're focused on.

"If they want to throw out fines, if they want to call us names and if they want to take over our staff, they're doing everything they can to ignore what the real issue is, and that's that they're going too far with their power grab. The public is crying foul and calling them out on their power grab, and they're just ignoring it."

He also added: "What they do to us is of little consequence, compared to what they're doing to themselves right now."
PFAW

Senate Confirms Three Judges…But What About the 99 Vacancies Left?

Last night, the Senate struck an agreement to confirm three of President Obama’s non-controversial judicial nominees. That’s great—but, as of this morning, it leaves 99 seats on the federal judiciary left to fill. And, as the long road to last night’s three easy confirmations shows, if the Senate’s behavior with judicial nominations doesn’t change, that number is not going to dwindle fast.

The stories behind the three nominees confirmed last night clearly illustrate the Senate dysfunction that has led to one in nine seats on the federal judiciary being vacant. Marco Hernandez, an Oregon judge, was first nominated to the federal district court in 2008…by George W. Bush. When President Obama renominated him July, 2010, he did not receive a vote in the Senate. When his nomination finally went to a vote yesterday, after three years and three nominations, he was confirmed unanimously.

Attorney Paul Kinloch Holmes was nominated for the federal bench in Arkansas in April, 2010. His nomination stalled all last year in the Senate, and President Obama renominated him last month. He was confirmed without a single dissenting vote. Diana Saldana of Texas, also confirmed without dissent last night, had also been nominated twice and seen her nomination languish on the Senate floor for almost a year.

The Washington Post today reports on the crisis in the federal judiciary created by the Senate’s failure to confirm judges at the rate that they’re retiring:

The crisis is most acute along the southwestern border, where immigration and drug cases have overwhelmed court officials. Arizona recently declared a judicial emergency, extending the deadline to put defendants on trial. The three judges in Tucson, the site of last month's shooting rampage, are handling about 1,200 criminal cases apiece.

"It's a dire situation," said Roslyn O. Silver, the state's chief judge.

In central Illinois, three of the four judgeships remain vacant after two of President Obama's nominees did not get a vote on the Senate floor.

Chief Judge Michael McCuskey said he is commuting 90 miles between Urbana and Springfield and relying on two 81-year-old "senior" judges to fill the gap. "I had a heart attack six years ago, and my cardiologist told me recently, 'You need to reduce your stress,' '' he said. "I told him only the U.S. Senate can reduce my stress.''

As we’ve pointed out here before, the judicial crisis is about far more than the health of overworked judges. Overworked courts mean slower access to justice for citizens:

The effect is most visible in civil cases, with delays of up to three years in resolving discrimination claims, corporate disputes and other lawsuits.

"Ultimately, I think people will lose faith in the rule of law,'' said Alex Kozinski, chief judge of the U.S. Court of Appeals for the 9th Circuit in California. "We as a nation believe that if you have a dispute, you go to court and within a reasonable period of time, you get a decision.''

Ultimately, it’s ordinary citizens who pay for the Senate’s failure to perform one of its simplest and most essential tasks—ensuring the fairness and functioning of the federal judiciary.
 

PFAW

Illinois sends civil union bill to Governor Quinn

In a 61-52 vote on November 30, the Illinois House approved the Religious Freedom Protection and Civil Union Act. The Senate followed suit on December 1 with a 32-24 vote. The bill would make civil unions available to Illinoisans as of July 1 of next year.

Equality Illinois celebrated the victory.

On that date, thousands of same-sex couples in Illinois will have access to protections that were previously denied to them, such as emergency medical decision-making, hospital visitation, inheritance rights, and others.  This is a historic moment for our State, and we would not have been able to get here without the extraordinary leadership of the bill's chief sponsors, State Representative Greg Harris and State Senator David Koehler.  Many of our partner organizations and community leaders devoted endless energy to helping pass this bill.  Clergy all around Illinois educated their congregations and even prayed for elected officials to understand the urgency of the protection that civil unions offers.  And our supporters from every corner of the State participated by contacting lawmakers, canvassing, phone banking, writing letters, and making contributions.  This is your victory too.

Governor Quinn has pledged to sign it into law.

Quinn has been an outspoken supporter of the bill, which was co-sponsored by state Rep. Greg Harris, D-Chicago, one of two openly gay state legislators. During the recent election, Quinn gambled his political career on the legislation by vowing to pass it and sign it into law. He defeated state Sen. Bill Brady, R-Bloomington, a staunch conservative, by less than 20,000 votes.

"It's always the right time to do the right thing,"; Quinn said paraphrasing Martin Luther King Jr. during a press conference, when asked to address criticism that the state's large debt and high jobless rate should take precedence over social issues.

"My conscience is not kicking me in the shins today," he said. "I believe I did the right thing for the people of Illinois and all those who live in Illinois."

The action in Illinois is an important step forward in the fight for equitable relationship recognition. PFAW welcomes this step but notes that civil unions are no substitute for marriage. Marriage is a state institution recognized in every state, across state lines, and at the federal level. Civil unions are exclusively state-based. Like domestic partnerships, they provide some state benefits, but they are not portable from state-to-state, and they receive no federal recognition. In addition, the separate status of “civil unions” stigmatizes lesbian and gay families as unworthy of perhaps the most basic foundation of our society.

The National Gay and Lesbian Task Force has produced maps that show the successes thus far and the challenges moving forward.

We have won the battle, but we have not yet won the war.

PFAW

Big Victories for Young Progressives

This year People For the American Way Action Fund endorsed over eighty candidates of the age 35 or younger who were running for public office. Many of the candidates were already elected officials, while others were running for office for the very first time. The PFAW Action Fund helped provide young progressives with the resources to spread and bolster their messages of equality, justice, and good-government, and put them in the leadership pipeline to strengthen the progressive movement.

Of the candidates we endorsed for the general election, seventy-two of the eighty-six endorsed candidates won their races! Highlights from Tuesday include:

  • Kyrsten Sinema of Arizona, a solidly progressive State Representative and one of Time magazine’s 40 under 40, was elected to the State Senate.
  • Elena Parent of Georgia upset a conservative incumbent to secure a seat in the State House.
  • Ariana Kelly, a women’s-rights activist from Maryland, was elected to the House of Delegates.
  • Angie Buhl, a YP4 Fellow and Front Line Leaders Academy graduate, won a seat in the South Dakota State Senate.
  • We are also still waiting to hear the final results of Montana State Rep. Kendall Van Dyk, who is currently slightly ahead of his right-wing opponent in a competitive race for the State Senate.

Congratulations to all of the young candidates, and we hope you can support the efforts of the PFAW Action Fund to ensure a progressive future.

PFAW

The Voter-Fraud Fraud

"I don't want everybody to vote ... our leverage in the elections quite candidly goes up as the voting populace goes down." - Paul Weyrich, founding father of the conservative movement, 1980.

When news hit last week that Democrats were doing better than expected in early voting turnout, Republican Dick Armey - whose FreedomWorks organization ensures that the Tea party is well funded by Big Business - immediately took to the airwaves with two goals: to delegitimize any potential Election Day victories for Democrats, and to justify this year's efforts by Republicans and their allies to keep people of color from voting. Armey told Fox News viewers that:

Democrats vote early because there's "less ballot security," creating a "great opportunity" for fraud. He also claimed that such fraudulent early voting is "pinpointed to the major urban areas. The inner city."

Of course, the former congressman had no more evidence to support his false and inflammatory claims than Joseph McCarthy had for his. But he does have an echo chamber of Republican and allied supporters all making the same unsupported claims of rampant voter fraud to justify aggressive efforts to keep likely Democratic voters - especially African Americans - out of the voting booth.

First, let there be mo mistake: Analysis after analysis has shown that there is no national problem with voter fraud. For instance, in its report The Truth About Voter Fraud, the Brennan Center for Justice has

analyzed purported fraud cited by state and federal courts; multipartisan and bipartisan federal commissions; political party entities; state and local election officials; and authors, journalists, and bloggers. Usually, only a tiny portion of the claimed illegality is substantiated - and most of the remainder is either nothing more than speculation or has been conclusively debunked.

Similarly, when the New York Times turned its investigatory resources to the "problem" of voter fraud in 2007, it found that

[f]ive years after the Bush administration began a crackdown on voter fraud, the Justice Department ha[d] turned up virtually no evidence of any organized effort to skew federal elections, according to court records and interviews.

Nevertheless, the Republicans and their close allies are up to their usual election-time hysterics about voter fraud, especially by nefarious dark-skinned people. They are ginning up fears of stolen elections ... so they can suppress the vote and thereby steal the elections themselves.

Over the past few weeks, as reported in Talking Points Memo and elsewhere:

  • In Illinois, Republican Senate nominee Mark Kirk inadvertently disclosed his plan to send "voter integrity" squads to two predominately African-American neighborhoods of Chicago and two other urban areas of Illinois with significant minority populations "where the other side might be tempted to jigger the numbers somewhat."
  • In Houston, Texas, Tea Party poll watchers claiming to be preventing voter fraud have been accused of "hovering over" voters, "getting into election workers' faces" and blocking or disrupting lines of voters who were waiting to cast their ballots as early voting got underway. The most aggressive poll watching has been at African American and Latino precincts. The Department of Justice is investigating.
  • In Wisconsin, Tea Party groups, the pro-corporate Americans for Prosperity, and the state GOP have been involved in a vote caging operation that seeks to challenge the eligibility of minority and student voters. In addition, dozens of billboards are being put up showing people behind bars with an ominous warning that voter fraud is a felony.
  • The West Virginia Republican Party plans to send "ballot security teams" to all of the state's fifty-five counties in search of "illegal activity" at the polls.
  • In Minnesota, a coalition of Tea Party and other right wing groups is offering a $500 reward for information leading to voter fraud convictions, an inducement that may encourage voter harassment.
  • In Indiana and elsewhere, Republicans and allies are photographing voters at early voting locations.
  • Michelle Malkin went on Fox News to discuss what the far right media outlet described as "reports of voter fraud on a massive scale with the intention of keeping Democrats in office." Malkin poured oil on the fire by claiming that "We are all voter fraud police now," accusing progressives of trying to win elections "by any means necessary."

This isn't new territory for the Right. For instance, in 2006, the Bush Administration fired U.S. Attorneys who refused to press phony voter fraud prosecutions. In 2008, until their plans were exposed, Michigan Republicans planned to use home foreclosure lists to challenge likely Democratic voters at the polls, supposedly to prevent voter fraud. That same year, the Montana Republican Party challenged the eligibility of 6,000 registered voters in the state's Democratic strongholds after matching the statewide voter database with the National Change of Address database to identify voters who aren't living where they are registered to vote. In Ohio, voter caging was used as a prelude to challenge individuals at the voting precinct.

These actions were part of a larger pattern. During the fall of 2008, the Right was setting itself up to challenge the integrity of the election. Across the country, they repeatedly trumped up claims of voter fraud, attacking ACORN and other voter registration efforts and lambasting the Justice Department for its failure to stop this alleged "fraud." However, that effort sputtered when the false claims of voter fraud mushroomed into threats against ACORN workers and vandalism of their offices, which PFAW helped to expose. Last year's doctored "pimp and prostitute" ACORN videos and their aftermath showed the lengths Republicans and their allies are willing to go to demonize and ultimately destroy successful minority voter registration efforts.

Clearly, the Right puts a great deal of energy into tackling a non-existent problem. But while these actions may do nothing to prevent instances of voter fraud that were never going to happen in the first place, they do accomplish something very important, as noted above: They intimidate people, often people of color, into not voting. They also work to paint any election victory by Democrats as illegitimate, thereby seriously destabilizing one of the foundations needed for America's constitutional government to work.

Voting is our assurance that those in power govern only by the consent of the people. The theory of American electoral democracy is that We the People act through government officials who we elect to act on our behalf. However, that assumes that all parties are willing to abide by the results of free and fair elections, win or lose.

Unfortunately, when the most powerful groups in society are willing to ignore democratic principles when it’s convenient - when they are eager to disenfranchise those who are most likely to vote against them - the democratic system fails.

In the past, these forces used poll taxes, literacy tests, and even brute force to keep disfavored Americans from voting, staining the legitimacy of the elected government in the process. Today, far more wary of appearances, they use the false accusation of "voter fraud" to do the same thing, often against the same targets: African Americans and other people of color.

PFAW

YEO Blasts Tea Party Opponent’s Racist Comments

State Senator Michael Frerichs of Illinois, a YEO and PFAW Action Fund candidate, is running for re-election against a local Tea Party leader, Al Reynolds. During a forum sponsored by the League of Women Voters and the NAACP, Reynolds claimed that “minority men find it more lucrative to be able to do drugs or other avenues rather than do education. It's easier.” He went on to say that African American men only pursue “sports avenues” when it comes to finding jobs. Reynolds is the founder and leader of the East Central Illinois Tea Party Patriots, and has previously called on states to “nullify” federal laws which they disagree with. Frerichs hit back on Reynolds’s stereotyping:

A few minutes later Reynolds' opponent, state Sen. Mike Frerichs, D-Champaign, addressed his opponents' comments.

"I've been in this community for a long time now. I've been working in this community for a long time and I've worked with a lot of African-American men. They're not pursuing careers in sports. They're not trying to sell drugs. They're trying to support their families. They're trying to be good people," he said.

"I've attended church around here. There are good families around here. There are some obstacles placed in their way and the state needs to tear them down. But I've met a lot of good people in this area and I don't think we should stereotype them all like that."

Frerichs' remarks received sustained applause from the audience, which included a number of African-Americans.

Please visit the PFAW Action Fund website to support Michael Frerichs and other young leaders who are fighting the Far-Right and promoting progressive policy around the country.

PFAW

Alexi Giannoulias Makes the Case for Overturning Citizens United

Illinois Democrat Alexi Giannoulias discussed the need to amend the Constitution to overturn Citizens United, which he called “a dangerous decision,” in a debate with rival US Senate candidate Mark Kirk. His Republican opponent, who has a habit of distorting and lying about his record, spoke in favor of greater campaign disclosure laws. However, Kirk voted against the DISCLOSE Act, which would have made sure that political organizations disclose their donors and make their funding sources more transparent. Giannoulias, on the other hand, has signed the Pledge to Protect America’s Democracy, which calls on candidates for Congress to overturn Citizens United.

Crossroads GPS, which does not disclose its donors, has spent over $3 million in ads attacking Giannoulias, and its sister “Super PAC” American Crossroads has spent over $1 million to smear Giannoulias. Two groups which do not disclose their donors and are backed by corporate entities, the New Prosperity Foundation and the US Chamber of Commerce, spent around a half-million dollars each in ads to help Mark Kirk.

Watch:

 

PFAW

Right-Wing Group to Nevada Latinos: “Don’t Vote”

Republican-affiliated groups have been getting less and less subtle in their attempts to prevent those likely to be Democrats from voting. There was the voter-caging operation in Wisconsin that sought to scare young and minority voters away from the polls in the name of preventing the proven non-problem of “voter fraud.” There was Illinois Senate candidate Mark Kirk suggesting that poll watchers be sent to predominantly black districts, “where the other side might be tempted to jigger the numbers.” But enough of the dog whistle. A Republican-affiliated group called “Latinos For Reform” has made an ad simply telling Latinos in Nevada: “Don’t Vote." Here's the English transalation:

 The organization’s president, conservative Unavision pundit Robert Desposada, has acknowledged that Republican Senate candidate Sharron Angle would do nothing to advance immigration reform. "I can't ask people to support a Republican candidate who has taken a completely irresponsible and bordering on racist position on immigration," he told Politico.

For someone who thinks Angle’s positions are “irresponsible” and “bordering on racist,” he seems awfully interested in getting her elected.

Update: Univision has refused to air the ad.

PFAW

Naming Rights for Republican Candidates

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.

PFAW

The Crossroads Juggernaut Reaches New Heights and Receives More Scrutiny

American Crossroads and Crossroads GPS, the sister conservative organizations that hope to raise $52 million in order to defeat Democratic candidates in 2010, is already close to spending a combined $20 million in ads. After spending an initial $14 million in ads to boost the GOP’s chances at taking control of the Senate, Crossroads is ready to spend an additional $4.2 million for ads in Senate races in Colorado, Nevada, Washington, Missouri, Pennsylvania, Illinois, and Florida. Now, Mike Allen of Politico reports that the two groups will begin running ads in competitive House races shortly.

Crossroads GPS, the leading outside group airing ads in Senate races, does not have to disclose its donors since it is a 501(c)4 “social welfare” organization. But as a 501(c)4, it is supposed to focus on “issue advocacy” rather than deliberately urge voters to support or oppose specific candidates for office. Now, the heads of Democracy 21 and the Campaign Legal Center have asked the IRS to look into the group’s status, maintaining that Crossroads GPS “was organized to participate and intervene in the 2010 congressional races while providing donors to the organization with a safe haven for hiding their role.” J. Gerald Hebert of the Campaign Legal Center explains:

While the abuses of 501(c)(4) tax designation for no-fingerprint political attack ads seems rampant in this election cycle, the most blatant certainly appears to be Crossroads GPS. The group makes almost no effort at all to hide the fact that it was created principally to impact the 2010 elections, and to take money from those interested in contributing to their efforts but doing so anonymously. The IRS has a duty to ensure that groups are not violating their tax status in this election cycle, and Crossroads GPS certainly seems like a logical place to start.
PFAW

What Citizens United has to do with Rod Blagojevich

Last night, a federal jury in Chicago convicted Illinois governor Rod Blagojevich on just one of 24 counts of political corruption. On the rest of the counts, the jury was hopelessly deadlocked.

Scott Turow, the bestselling novelist who started his career as a US Attorney prosecuting political corruption cases in Chicago, writes in the New York Times that whatever the fuzziness of fact in the Blagojevich case, what is even fuzzier is the way our legal system deals with political corruption. The influence of big money is everywhere in our political process—and the Supreme Court’s decision in Citizens United opened the door for less showy, but equally problematic, versions of the corruption that Blagojevich is accused of.

Indeed, in Citizens United v. Federal Election Commission, the court decided that such organizations could spend as much as they wished at any time, assuming there was no direct coordination with the candidate. In doing so, the court overturned its own precedents and refused to distinguish the free speech rights of corporations and unions in any way from those of actual people.

The problem with this logic is that corporations have a legal duty not to spend money unless it is likely to improve profits. Unions, too, are expected to make only contributions that will benefit members. As a result, no idealistic patina of concern about good government or values-driven issues can burnish these payments.

The future of other campaign finance restrictions looks bleak. Thirty-four years ago, when the Supreme Court first declared in Buckley v. Valeo that the First Amendment protected election spending, it nonetheless approved contribution limits “to prevent ... the appearance of corruption.” In Citizens United, the Roberts Court gave short shrift to any concern about appearances. Limits on direct contributions to candidates appear likely to be the next campaign safeguard to fall.

In any case, the bevy of ways in which donors can get around current spending laws, combined with the Supreme Court’s elastic approach to the First Amendment, have left our campaign finance system as little more than a form of legalized influence-buying. Only those as naive as Wanda Brandstetter or as crass and ham-handed as Rod Blagojevich find themselves subject to prosecution, while others wise enough to say less out loud find snug protection in the First Amendment, no matter how bald their desire to influence government actions.

We see daily examples of this sort of dynamic happening in elections—take the Florida governor’s race--where any causal relationships between campaign cash and policy decisions can never be fully sorted out. It’s a dangerous thing for democracy…and one, as Turow points out, we aren’t going to fix without a Constitutional amendment.
 

PFAW

Star of the Kagan Hearings is the Corporate Court

Democratic Senators used the opportunity of Elena Kagan’s Supreme Court confirmation hearings today focus attention on nine people who were not in the room. The Senators called the Roberts Court out for some of its more outrageous decisions as they began to reframe the debate on the role of the Court and the Constitution. Central to the discussion was the Court’s decision in Citizens United v. FEC, in which it overturned a century of settled law to allow corporations to spend unlimited amounts of money to influence elections.

Russ Feingold of Wisconsin, was one of the chief designers of the campaign finance rules that the Supreme Court knocked down in Citizens United. He said:

[W]hen a decision like the one handed down earlier this year by a 5-4 vote in the Citizens United case uproots longstanding precedent and undermines our democratic system, the public’s confidence in the Court can’t help but be shaken. I was very disappointed in that decision, and in the Court for reaching out to change the landscape of election law in a drastic and wholly unnecessary way. By acting in such an extreme and unjustified manner, the Court badly damaged its own integrity. By elevating the rights of corporations over the rights of people, the Court damaged our democracy.

Sheldon Whitehouse of Rhode Island took on the Court’s pro-corporate leanings by brilliantly co-opting Chief Justice Roberts’ famous baseball metaphor:

Only last week, the Rent-A-Center decision concluded that an employee who challenges as unconscionable an arbitration demand must have that challenge decided by the arbitrator. And the Citizens United decision -- yet another 5-4 decision -- created a constitutional right for corporations to spend unlimited money in American elections, opening our democratic system to a massive new threat of corruption and corporate control.
There is an unmistakable pattern. For all the talk of umpires and balls and strikes at the Supreme Court, the strike zone for corporations gets better every day.

Ted Kaufman of Delaware told Kagan, “I plan to spend the bulk of my time asking you about the Court’s business cases, based on my concern about its apparent bias.”

The Court’s decision last fall in the Citizens United case, which several of my colleagues have mentioned, is the latest example of the Court’s pro-corporate bent. The majority opinion in that case should put the nail in the coffin of claims that “judicial activism” is a sin committed by judges of only one political ideology.

What makes the Citizens United decision particularly troubling is that it is at odds with what some of the Court’s most recently confirmed members said during their confirmation hearings. We heard a great deal then about their deep respect for existing precedent. Now, however, that respect seems to vanish whenever it interferes with a desired pro-business outcome.

Al Franken of Minnesota explained the real impact of campaign finance laws:

Now, you’ve heard a lot about this decision already today, but I want to come at it from a slightly different angle.
There is no doubt: the Roberts Court’s disregard for a century of federal law—and decades of the Supreme Court’s own rulings—is wrong. It’s shocking. And it’s torn a gaping hole in our election laws.

So of course I’m worried about how Citizens United is going to change our elections.

But I am more worried about how this decision is going to affect our communities—and our ability to run those communities without a permission slip from big business.

Citizens United isn’t just about election law. It isn’t just about campaign finance.

It’s about seat belts. It’s about clean air and clean water. It’s about energy policy and the rights of workers and investors. It’s about health care. It’s about our ability to pass laws that protect the American people even if it hurts the corporate bottom line.

As Justice Stevens said, it’s about our “need to prevent corporations from undermining self-government.

And finally, Sen. Richard Durbin of Illinois summed up the retort to any GOP Senator complaining about “judicial activism”:

We've heard from those across the aisle about their support for traditionalism, and their opposition to judicial activism. I have two words for them: Citizens United.

We’re looking forward to hearing a lot more about Citizens United and the Corporate Court as the hearings progress
 

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Candidates Begin to Appeal to Voters’ Disappointment with Corporate Court

Republicans say they’re plotting to use any Supreme Court nomination battle to their advantage in November.

But polls show that the issue cuts strongly the other way—the American public is overwhelmingly concerned about the current Court’s pro-corporate sympathies and its failure to fully appreciate how the law affects individual Americans.

Within hours of President Obama’s announcement that he would nominate Solicitor General Elena Kagan to the Supreme Court, Illinois Senate candidate Alexi Giannoulias seized on that message in an email to supporters. Here’s a screenshot:

Giannoulias isn’t the first candidate to appeal to the public’s discomfort with the Court’s pro-corporate bent. Last month, now-Rep. Ted Deutch decisively won a special election in Florida, after running on a platform that included a Constitutional Amendment to reverse Citizens United v. FEC.

Citizens United, Ledbetter, and Exxon v. Baker have brought home the impact that the Court’s corporate leanings can have on all Americans. We’re expecting to see a lot more office-seekers raising these issues as November approaches.

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Obama's First Judicial Nomination: A Good Start

News reports state that David Hamilton, a federal district court judge in Indiana, will be President Obama’s first judicial nominee. He will apparently be nominated to serve on the United States Court of Appeals for the Seventh Circuit.

I am just learning about Judge Hamilton. In 2005, according to the New York Times, "he made news by ruling that the legislature was prohibited from beginning its sessions with overtly Christian prayers. The decision drew widespread criticism in the legislature and across the state."

I can only imagine.

The overwhelming majority of Indianans are Christian. I’d venture to guess that very few of them have ever lived in a society where theirs was a minority religion, and where the government officially promoted a religion that condemned theirs. The experience of their lives is one where they are comfortably in the majority.

As a Jew who grew up in conservative Texas, my experience is different. I know how it felt in elementary school when public school teachers imposed their Christianity upon the classroom. Officially-sanctioned Christianity regularly made it clear that I was an outsider in my own society: I did not belong.

That is but one of the many excellent reasons that the Founders wisely adopted the First Amendment’s prohibition of the establishment of religion by government. But it’s the one that first occurred to me as I read about the Indiana legislative prayer case.

It is important that judges as a group reflect the diversity of America, so the bench is filled with jurists with a wide variety of life experiences, ranging from the top to the bottom of the social ladder. But that does not excuse the individual judge from being able to step outside their own life experience and recognize that what is not a problem for them can be a severe problem for someone whose life has been different. That is an essential quality for a judge. It’s what made the Brown v. Board of Education decision so different from Plessey v. Ferguson, even though both cases were decided by all-white Courts. Similarly, it’s what made 1976’s Craig v. Boren (establishing a higher level of scrutiny for legal sex-based classifications) so different from 1872’s Bradwell v. Illinois (upholding the state’s prohibition against women attorneys), even though both cases were decided by an all-male Court.

Perhaps Judge Hamilton’s ability to step outside his own experiences helped him decide the legislative prayer case. Either way, he clearly was willing to enforce the First Amendment and clear Supreme Court precedent in a case where he knew that he would be condemned by many people in his state. He put the law over ideology. That’s another quality needed in a judge.

This is an encouraging first judicial nomination from President Obama.

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