Indiana

7th Circuit Says Arguments Against Marriage Equality "Cannot Be Taken Seriously"

Reagan judge Richard Posner concludes that the argument against marriage equality "is so full of holes that it cannot be taken seriously."
PFAW Foundation

Indiana’s Marriage Ban Struck Down

In another win for equality, today U.S. District Judge Richard Young struck down Indiana’s ban on marriage for same-sex couples. Because the judge did not stay the ruling, the Indianapolis Star reports that couples can begin getting married right away.

Not a single state marriage ban has been able to withstand a challenge in federal court in the wake of the Supreme Court’s 2013 decision in United States v. Windsor, which struck down part of DOMA.

Congratulations, Indiana!

PFAW Foundation

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

Richard Mourdock and the Supreme Court

If Mitt Romney wins the election, his Supreme Court justices would empower far-right politicians like Richard Mourdock to codify their religious beliefs into law.
PFAW

Richard Mourdock's Religion Trumps Everyone Else's

The GOP candidate's explanation for why he'd outlaw abortion in the case of rape raises serious questions about the role of religion in making government policy.
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

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

Constitutional Privacy Rights and Title X

46 years ago today, the Supreme Court issued its historic ruling in Griswold v. Connecticut, overturning the Connecticut state law that criminalized the use of contraceptives and recognizing that the Constitution protects the right to privacy. Five years after Griswold, Congress enacted Title X, which provides federal funding to family planning services for the uninsured and for low-income families. Griswold also paved the way for Roe v. Wade, which ruled that a woman’s choice to have an abortion was a constitutionally protected private decision.

But 46 years after Griswold, access to both contraception and abortion services are still under attack from the Right. Right-wing legislatures across the country just this year have passed numerous laws restricting women’s access to abortion. In addition, putting access to contraception and health care at great risk, Indiana last month adopted a law cutting off all state funding to Planned Parenthood.

Republicans in Congress are also going after access to contraception, in the form of Title X funding. In February, the House passed a budget bill that would put a stop to all Title X funding, including examinations to screen for sexually transmitted infections, breast cancer, and diabetes. The bill also included a provision to strip federal funding from Planned Parenthood. Those draconian provisions didn’t make it into law, but a provision preventing DC from using its own local tax dollars to help fund abortions for low-income residents did.

We’ve come a long way in 46 years…but we’re also still fighting many of the same battles to exercise the rights guaranteed to us in the United States Constitution.

PFAW

GOP Attempt To “Defund The Left” Paying Dividends

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

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

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

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



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

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

Update from the Frontlines in Ohio: Voter ID Bill Could Affect Poor and Minority Populations

Poor and minority populations are again under attack in Ohio. With Ohioans putting all of our efforts into stopping Governor Kasich and Republican leaders from destroying workers’ rights, we’re being blindsided by a very troubling bill aimed at limiting access to the ballot box. Ohio’s new Voter ID bill, HB 159, which requires every voter to present a valid government issued photo ID in order to vote, sailed through the Ohio House of Representatives last week. This bill would put up unnecessary road blocks to the voting process and almost certainly cause mass confusion during next year’s presidential election.

Georgia’s Secretary of State, Brian Kemp, was Skyped in last week to testify to the Ohio House in favor of Voter ID restrictions. When asked by an Ohio legislator how many cases of voter fraud in Georgia led to the state’s Voter ID bill, he said “I don’t have a number in front of me,” adding, “It’s hard to put a number on it because you didn’t know that fraud was happening.” We then heard in-person testimony from the Deputy Secretary of State of Indiana (the same state where the current Secretary of State has been recently indicted on voter fraud). His answer to the same question was, “I can’t give you a number, however there were 2 people arrested in Indiana for voter fraud and no evidence of dead people voting.”

It costs between $21.75 and $25.75 to obtain an Ohio driver’s license. Should you need to purchase a birth certificate in order to get a drivers license, there’s an additional cost of $21.50. Paying somewhere between $40 and $50 is an unnecessary burden for many Ohioans in this uncertain economy. Imagine having to choose between paying for a state identification in order to vote and paying an overdue utility bill before disconnection. That’s not the kind of choice Americans should have to make.

In addition, racial minorities, the working poor, students and people with disabilities are twice as likely to lack a non-expired government photo ID.

In 2005, Ohio passed a law that imposed stricter ID requirements than federal law. Now, Ohio may become the most restrictive voting state in the country since this bill does not even permit voters to produce other forms of identification found to be acceptable in states that require identification. This bill would have national implications, considering Ohio’s historical position as “the” deciding state when determining the outcome of Presidential elections.

Shouldn’t we be making voting more accessible instead of making it restrictive and exclusive to a select group of people? The Republican Secretary of State doesn’t even support this bill, so why is the legislature pushing it through? The answer one Republican House member gave is, “Because we can.” As Ohio Representative Mike Foley put it, "There were 3,956,245 votes cast in the 2010 general election and there was one instance of voter fraud out of all of these votes cast. So we’re looking to spend somewhere in the $10-20 million range to deal with a .00000025 percent problem." With an $8 billion budget shortfall, we should be seeking ways to spend less money, particularly on a problem that doesn’t exist.

PFAW

Pence Admits to Using Women’s Health as a Bargaining Chip

NPR reports today on Republican efforts to gut funding to Title X family planning clinics, which “serve 15 percent of women in the United States who obtain contraceptive prescriptions or supplies, or who receive an annual checkup for birth control.” In February, all but three Republican representatives voted for a budget proposal that completely nixed Title X funding, after approving an amendment that also strips Planned Parenthood of all federal funds. As NPR reports, Rep. Mike Pence, the sponsor of the Planned Parenthood amendment, actually thinks that Title X funding is a good thing….but is willing to use it as a bargaining chip to achieve his ultimate goal of decimating Planned Parenthood:

Supporters of defunding have characterized it as an effort to strip funds from Planned Parenthood and other organizations that use other funds to provide legal abortions, without singling out any particular group. The House in February voted 240-185 to defund Title X in the current budget year.

But even staunch anti-abortion legislators like Rep. Mike Pence, the Indiana Republican who has crusaded against federal funding for Planned Parenthood clinics, say that jettisoning the Title X program may be going too far.

"I've never advocated reducing funding for Title X," Pence said during a recent radio interview with the chairman of a county Right to Life organization in his home state.

"Title X clinics do important work in our inner cities," Pence said. "They provide health services for women and children that might not otherwise have access to them."

So, why have Republican House members set their sights on the $327 million that would fund the program this year?

The answer, largely, is Planned Parenthood and politics.

Social conservatives have pressed House Republicans to make cutting off federal funds to Planned Parenthood a priority; but they see room for negotiation over Title X funds.

The Right’s obsession with bringing down Planned Parenthood is destructive enough…that people like Pence are willing to put millions of women at risk to achieve it shows just how blind an obsession it is.

 

PFAW

Congressmen Expose King Hearings for Undermining Law Enforcement and American Values

During Rep. Peter King's misguided King hearing on what he calls the " radicalization of Muslim American community," Republicans took time to speak about the purported threat of Sharia Law and myths about Muslim Americans' lack of cooperation with law enforcement officials. Rep. Yvette Clarke of New York was right on target when she called the hearings “political theater.” One by one Republican congressmen and their witnesses, none of whom were law enforcement officials, tried to defend the hearings despite ample evidence disproving their assumption that Muslim Americans are radical and dangerous. As Sheriff Lee Baca, a witness called by the Democrats, told the hearing, Muslim Americans consistently work with law enforcement and are far from the “enemy within” that the GOP represents.

Congresswoman Laura Richardson of California pointed to the clear connection between the King hearings’ use of scare tactics, false charges, and fear-mongering and Joseph McCarthy's ruthless investigations in the 1950s.

Congressman Andre Carson of Indiana, one of the two Muslims serving in Congress, discussed his own background in law enforcement and how by stigmatizing and marginalizing Muslim Americans, the GOP was undercutting cooperation between the community and law enforcement:

The two representatives exposed the King hearings as nothing more than a political stunt to ramp up the GOP’s drive to demonize Muslim Americans, while contributing nothing to law enforcement or national security.

PFAW

Madison Police Chief: Walker’s Remarks on Protesters are “Unsettling and Troubling”

Madison, Wisconsin’s police chief isn’t so happy about Gov. Scott Walker’s joking around with a caller who he thought was billionaire Republican donor David Koch. In his conversation with a reporter pretending to be Koch, Walker said that he had “thought about” planting troublemakers in the crowds outside the state’s capital to discredit pro-union protesters. Police Chief Noble Wray told the Milwaukee Journal Sentinel:

“I would like to hear more of an explanation from Governor Walker as to what exactly was being considered, and to what degree it was discussed by his cabinet members. I find it very unsettling and troubling that anyone would consider creating safety risks for our citizens and law enforcement officers,” the chief said.

“Our department works hard dialoging with those who are exercising their First Amendment right, those from both sides of the issue, to make sure we are doing everything we can to ensure they can demonstrate safely. I am concerned that anyone would try to undermine these relationships. I have a responsibility to the community, and to the men and women of this department - who are working long hours protecting and serving this community – to find out more about what was being considered by state leaders.”

The police chief’s remarks come the day after a deputy attorney general in Indiana was fired for encouraging the use of violent force on the Wisconsin protesters.

h/t Think Progress
 

PFAW

GOP’s Corporate Backers Intent on Busting Unions, Not Solving Budget Problems

In both Wisconsin and Ohio, Republican governors are attempting to rush through legislation that would devastate workers’ rights that would in reality do little to help close their states’ budget shortfalls. Behind their proposals to strip public employees of their collective bargaining rights is actually a political power play to diminish the voice of organized labor in American politics, a move sponsored by corporate interest groups.

Wisconsin Governor Scott Walker’s desire to eliminate collective bargaining has more to do with political baiting than sound fiscal policy.

For example, Walker specifically exempts the four public employee unions that endorsed his gubernatorial bid in his plan to eliminate collective bargaining. Labor law professor Paul Secunda of Marquette University called it “the worst type of favoritism there could be.” And despite his claim to be a fiscal hawk, the Governor pushed through costly corporate giveaways that jeopardized the state’s balanced budget and rejected a Republican’s compromise bill that would permit only a temporary curb on collective bargaining while preserve unions’ financial concessions.

History shows that states that stripped their public employees’ collective bargaining rights did nothing to solve their fiscal problems. Policy Matters Ohio notes that while Indiana, Kentucky, and Missouri recently eliminated public workers’ bargaining rights, “the budget shortfalls of these states in 2010 ranged from 10.6 percent of general revenue fund (Indiana) to 14.5 percent (Kentucky) to 22.7 percent (Missouri), mirroring the fiscal crisis of states across the nation.”

Rather than solve the budget problems, doing away with a key right of workers only advances the agenda of the corporate interests funding Republican campaigns.

Jonathan Salant of Bloomberg looked into the ties between virulently anti-labor corporations like Koch Industries and Wal-Mart and the radical GOP proposals in Wisconsin and Ohio:

Koch, a closely held energy and chemical company based in Wichita, Kansas, is controlled by the billionaire brothers David and Charles Koch. Along with other corporations, Koch Industries has often opposed organized labor on regulation and free trade, Holman said. Now they see a chance to cripple unions in the name of balancing budgets, he said.

The $1.2 million in Koch support for Republican governors includes $1.1 million given to the Republican Governors Association, which spent more than $3.4 million in support of Walker, according to Common Cause, a Washington-based advocacy group that opposes the governor’s proposal.

In addition, Koch gave $43,000 directly to Walker, his single largest corporate source; $11,000 to the Wisconsin Republican party; $22,000 to Kasich; and $34,000 to the Ohio Republicans.

Koch also supported the 2008 campaign of Indiana’s Daniels, according to the National Institute on Money in State Politics. The Republican Governors Association, which received $25,000 from Koch, was the biggest source of campaign cash for Daniels, institute records show.

In addition, Americans for Prosperity spent $1.2 million in support of Republican candidates for Congress last year, Federal Election Commission records show. Koch Industries’ federal political action committee contributed $1.3 million to candidates for the 2010 elections, 90 percent of it to Republicans, according to the Center for Responsive Politics.

Wal-Mart Stores Inc., the Bentonville, Arkansas, subject of a campaign by the United Food and Commercial Workers Union, also contributed to the campaigns of Walker and Daniels, and donated more than $340,000 to the Republican Governors Association for the 2010 elections, according to the Internal Revenue Service and the National Institute on Money in State Politics.
PFAW

New Attacks on Public Schools

When Republicans take over the House next month, we can expect a flurry of bills seeking to impose school vouchers. But around the country, state and local officials are already escalating their assault against public education.

In Florida, voucher supports had already gotten their foot in the door with voucher programs for low-income students and those with disabilities. Last week, they took the predictable next step:

Florida Gov.-elect Rick Scott on Thursday blew the door wide open to the idea of a voucherlike program for all students, saying he's working with lawmakers to allow state education dollars to follow a student to the school his or her parents choose.

He did not use the term vouchers. Others called it an "education savings account."

But whatever it's called, the incoming governor, key lawmakers and a foundation tied to former Gov. Jeb Bush are setting the stage for Florida to consider one of the most radical education ideas that it - or arguably any state - has ever considered.

In Indiana:

Gov. Mitch Daniels said Wednesday he will ask lawmakers to approve an education voucher system that would let low-income students use state money to help pay for private school tuition.

Daniels provided few details about his proposal - including income levels at which families would qualify or the amount they could receive - but said it will be part of his larger education agenda for the 2011 session.

And in Denver:

The Douglas County school board Tuesday night took another step toward a voucher program, with the board president saying he would like a pilot program for the 2011-12 school year. ...

[T]he board agreed to have Superintendent Elizabeth Celania-Fagen analyze whether vouchers would be good for the school district. After that analysis, the board will receive additional public input and make a final decision. ...

Some at the packed school-board meeting room were not in favor of using public money for a private education, especially for religious schools. Thirteen of the 14 private schools in the district are religious.

They carried signs that read "Keep Public Money in Public Schools" and "Do Not Bankrupt Our Schools."

"I think this would help destroy the public school system," said former teacher Sue Carter.

Indeed, the diversion of funds from public to private schools threatens the integrity of our public education system. By providing public funds to religious schools, voucher programs undermine the separation of church and state. To make things worse, studies show that vouchers don't even lead to significant academic improvements. For instance, earlier this year, the U.S. Department of Education's final report on the D.C. Opportunity Scholarship Program (OSP, the name of the voucher program) found that there "is no conclusive evidence that the OSP affected student achievement."

The problems that are faced by America's public schools will not be solved by taking kids out of the system.

PFAW

Crossroads Blasts Bank Bailouts But Takes Wall Street Money

While American Crossroads as a 527 group is mandated by law to disclose its donors, its sister 501c4 “social welfare” group, Crossroads Grassroots Policy Strategies (GPS), is allowed to keep its sources of funding a secret to the public. In October Politico reported that “most of the GOP corporate money is believed to be moving through the Crossroad Grassroots group, so that it isn’t disclosed publicly,” even as American Crossroads was publicly listing the millions of dollars it received from corporations. Now, NBC News has uncovered how Wall Street played a major role in funding the shadowy Crossroads GPS organization:

A tightly coordinated effort by outside Republican groups, spearheaded by Karl Rove and fueled by tens of millions of dollars in contributions from Wall Street hedge fund moguls and other wealthy donors, helped secure big GOP midterm victories Tuesday, according to campaign spending figures and Republican fundraising insiders.



A substantial portion of Crossroads GPS’ money came from a small circle of extremely wealthy Wall Street hedge fund and private equity moguls, according to GOP fundraising sources who spoke with NBC News on condition of anonymity. These donors have been bitterly opposed to a proposal by congressional Democrats — and endorsed by the Obama administration — to increase the tax rates on compensation that hedge funds pay their partners, the sources said.

Clearly, “extremely wealthy Wall Street hedge fund and private equity moguls” wanted to keep their influence a secret as Crossroads GPS engineered a massive television and direct mail ad campaign.

Some of the ads by the Crossroads groups, however, bashed the government bailouts of Wall Street which many-believed saved the financial industry. Even though the bailouts were signed by President Bush and had support from members of both parties, including the Republican leadership, Crossroads attempted to link the Wall Street bailouts into its anti-government ads criticizing Obama and Democrats. Here are just a few examples:

In Nevada, Crossroads GPS’ ad says that “instead of fixing these problems Harry Reid’s made it worse,” and includes in the “Wall Street bailout” in the list of Reid’s supposed wrongdoings.

When criticizing Pennsylvania’s Joe Sestak, this Crossroad GPS ad says that Sestak is a “reckless” spender by supporting “bailouts for banks” as part of the “$700 Billion Wall Street Bailout,” saying that it was part of “trillions of dollars wasted.”

In this ad against Indiana Democrat Joe Donnelly, who barely edged out his Republican opponent, American Crossroads slams the “Joe Donnelly Wall St. Bailout” and slams “their bailouts, raising our debt.”

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

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