Iowa

More Evidence that the 'Court Efficiency Act' Isn't So Efficient

Unable to come up with any legitimate reason to filibuster President Obama’s three nominees to the Court of Appeals for the D.C. Circuit, Senate Republicans have landed on a not-so-convincing excuse: They claim that the court has too many judges as it is and that it would be wasteful to fill its remaining vacancies.

Sen. Charles Grassley of Iowa has even gone so far as to introduce a bill that would permanently reduce the number of seats on the influential court from eleven to eight (the number of active judges currently sitting on the court), thereby preventing President Obama from placing any more nominees on the court. (The president has had one nominee confirmed to the DC Circuit, compared to four nominees under President Bush and eight under President Reagan).

Grassley’s bill would reduce the number of slots on the DC Circuit by three and “reallocate” two of those seats  to circuits that he contends need the judges more.

There are a number of gaping flaws in Grassley’s logic, the first of which is that he and his fellow Republicans were eager to fill the very same DC Circuit seats that they are now trying to eliminate back when President Bush was the one making nominations.

Then, there’s the fact that there seems to be absolutely no basis for reallocating the two D.C. Circuit seats to the Eleventh and Second circuits. The official office that evaluates the needs of federal courts and makes recommendations for adding and removing seats doesn’t include the D.C. Circuit in its recommendations because the court’s caseload is uniquely complex and difficult to compare to that of other courts…and it also hasn’t recommended that the Eleventh or Second circuits get new judges.

This was confirmed by a former Chief Judge of the Eleventh Circuit whose statement  [see p. 34 of this pdf] was submitted into the Senate record last month confirming that his former court indeed does not need new judges:

Since my appointment to the Eleventh Circuit on October 1, 1990, the judges of our court annually have voted whether or not we should ask Congress to authorize more federal judges.  Each time our court considers the topic, an overwhelming majority of our members have voted “no!” 

Even one of the co-sponsors of the court-rigging bill – Sen. Jeff Sessions – has gone on record saying that the Eleventh and Second Circuits actually don’t need new judgeships.

All of which makes one suspect that of all the goals that Sen. Grassley might have in mind with the Court Efficiency Act, the efficiency of the courts is probably not one of them.

PFAW

Iowa Senate Candidate Bruce Braley Stands Against Citizens United

The Democratic frontrunner in the 2014 Iowa Senate race, US Representative Bruce Braley (D-IA01), is placing the issue of money in politics front and center in his campaign.

On Sunday, Representative Braley sent an email to his supporters requesting they sign a petition to stand with him “to stop more money from flooding our election system.” The letter referred to McCutcheon v. FEC – a campaign finance case that the Court is hearing this term – and the infamous Citizens United decision, which Braley said is “destroying the election process.”

The American public overwhelmingly agrees with Representative Braley’s assessment, but Braley, a longtime supporter of campaign finance reform, has proven he’s not in the “money in politics” fight just because of public opinion.

Prior to Citizens United in the 111th Congress, Braley cosponsored the “Fair Elections Now Act,” a bill that provided for public financing of congressional campaigns. Following Citizens United, in 2010 and 2012 he cosponsored the DISCLOSE Act, which, had it not been blocked by Republican filibusters, would have stopped “dark money” social welfare organizations and trade associations from spending anonymously in federal elections.

Braley has personal experience with these Citizens United-empowered dark money groups. As People For the American Way documented in “Citizens Blindsided,” during the 2010 election, Braley was the target of a large influx of anonymous outside spending from the American Future Fund, a secretive group without an office or even a website.

In May 2012, Braley spoke about the attack ads in an appearance on The Rachel Maddow Show. In the interview, Braley referred to Citizens United as the “worst thing to happen to democracy in [his] lifetime” and spoke about the implications of the decision:

… now, we can see that very powerful moneyed interests are trying to buy the government they want and have no restrictions—literally—on what they can spend. And that’s why Americans have to wake up and realize they need to ask the tough questions when they see these ads on TV and they have innocuous names – paid for by the American Future fund. Most people don’t realize that this is really a highly coordinated effort to get rid of people who speak truth to power and aren’t going to be swayed by some of these powerful special interests [emphasis added].

In 2014 in Iowa, voters have the chance to stand with Representative Braley and against “these powerful special interests.” They want to dominate the political process by buying it; he wants to keep the “for sale” sign off the US Senate.

 

PFAW

New Nominees Highlight Growing Diversity on the Courts

One of President Obama’s most important long-term achievements has been his concerted effort to bring qualified judicial nominees from a wide variety of backgrounds to the federal bench. 42 percent of President Obama’s confirmed judicial nominees have been women, compared with just 22 percent of those nominated by the second President Bush and 29 percent of those nominated President Clinton. Likewise, 46 percent of his confirmed nominees have been people of color, a dramatic change from the previous administration, in which 82 percent of federal judicial nominees were white. And President Obama has nominated more openly gay people to federal judgeships than all of his predecessors combined. (All of these numbers are available in this pdf from our friends at Alliance For Justice).

The four new judicial nominations that the White House announced last night are perfect examples of this effort to make the courts better reflect the people they serve. One, Judge Carolyn B. McHugh, who has been nominated to the Tenth Circuit Court of Appeals, would be the first woman to sit on a federal appeals court in Utah. Pamela L. Reeves, nominated to the Eastern District of Tennessee, and Elizabeth A. Wolford, nominated to the Western District of New York, would be the first women to serve in their respective districts. And Debra M. Brown, nominated to the Northern District of Mississippi, would be the first African-American federal judge in her district and the first African-American woman to serve as an Article III judge in Mississippi.

Another important type of diversity among federal judges – one where there has been some progress but where there is still room for improvement – is diversity of professional background. Judges who have worked as public interest or legal aid attorneys bring a perspective to the bench that is different from that brought by prosecutors and litigators representing corporate clients. One example of this professional diversity is Iowa’s Jane Kelly, who was recently confirmed to the Eight Circuit Court of Appeals with unanimous bipartisan support from the Senate. An Associated Press profile yesterday explained the important perspective that Kelly will bring to the federal bench  from her experience as a federal public defender:

The 48-year-old attorney has spent her career as a public defender representing low-income criminal defendants, a rarity in the ranks of appeals court judges who are often former prosecutors and trial judges. She'll become just the second woman in the 122-year history of the 8th U.S. Circuit Court of Appeals, which handles cases in seven states from Arkansas to the Dakotas.

Associates say she is a smart legal thinker who has zealously defended the rights of even the most publicly despised clients, including a notorious mailbox bombing suspect and the biggest white-collar criminal in Iowa history. Even prosecutors who disagreed with her in court praise Kelly, who will take the oath of office privately.

"Her story is compelling all the way around," said Debra Fitzpatrick of the University of Minnesota-based Infinity Project, which advocates for more women on the 8th Circuit. "Her credentials and her background and her career sort of set her up to be the right candidate at the right time."

A long-distance runner, Kelly's life almost ended when she went for a morning jog on the Cedar River Trail in June 2004. She was tackled and beaten by a male stranger, then dragged to a creek and left for dead. Passersby found Kelly in a pool of blood, in and out of consciousness and struggling to call for help. Speculation swirled that the attack was linked to Kelly's legal work, but no one ever was arrested.

Kelly quickly returned to representing criminal defendants after spending months in recovery. Her colleagues gave her the John Adams Award, which recognizes an Iowa lawyer's commitment to the constitutional right to criminal defense. And hundreds gathered one year later for a "Take Back the Trail" event, where Kelly jogged there again for the first time.

Kelly grew up in Newcastle, Ind., and graduated from Duke University in 1987. She earned a Fulbright scholarship to study in New Zealand before enrolling at Harvard, where she and Obama were acquaintances but not friends. She clerked for U.S. District Judge Donald Porter in South Dakota and then for Hansen.

She taught one year at University of Illinois law school before returning to Iowa as one of the first hires for the new public defender's office. She's been a fixture ever since, often representing "not the most popular person in the room," as she put it in her confirmation hearing, including drug dealers, pornographers and con artists.

Other pending nominees with public defender experience include Michael McShane (Oregon), Luis Felipe Restrepo (Pennsylvania), Jeffrey Schmehl (Pennsylvania), Rosemary Márquez (Arizona), and William Thomas (Florida).

PFAW

Senate Confirms Second Woman and First Ever Public Defender to Eighth Circuit

Yesterday, the Senate unanimously confirmed Iowa’s Jane Kelly to the Eighth Circuit Court of Appeals. Kelly, who currently serves as a federal public defender, becomes “only the second woman, and the first public defender, to serve in the history of the court that was established in 1891,” according to the Iowa City Gazette.

Kelly also makes history by having the quickest confirmation process of any of President Obama’s appeals court nominees so far, according to the Gazette. Kelly waited just 33 days for a confirmation vote, compared to the average 153 day wait for President Obama’s circuit court nominees (as of two weeks ago). Kelly’s quick confirmation, however, would not have been at all noteworthy at this point in George W. Bush administration, when appellate nominees waited an average of just 37 days between committee approval and Senate confirmation.  

Kelly’s speedy confirmation may have something to do with the senators supporting her. Iowa’s Chuck Grassley, who as ranking member of the Senate Judiciary Committee has been instrumental in obstructing President Obama’s judicial nominees, seemed to put aside his obstruction habits for a nominee from his own state.
 

PFAW

When the Judicial Nominations Process Works

The filling of an 8th Circuit vacancy is proceeding apace due to commitment and cooperation among the White House and both of Iowa's senators.
PFAW

Obama Nominates Iowa’s First Ever Female Circuit Court Judge

The White House announced two new federal appeals court nominees today, Jane Kelly of Iowa to serve on the Eighth Circuit Court of Appeals and Gregory Alan Phillips of Wyoming to serve on the Tenth Circuit Court of Appeals.

Kelly’s nomination is notable for a number of reasons. If confirmed, she will become only the second woman ever to serve on the Eight Circuit Court of Appeals, which oversees seven Midwestern states, and the first from Iowa. She would also help to bring a greater diversity of professional backgrounds to the federal bench, coming to the position after a career as a highly-regarded federal public defender.

Kelly’s nomination underscores the Obama administration’s remarkable success in bringing a diversity of voices to the federal bench. A record 41 percent of President Obama’s confirmed nominees have been women and 36 percent have been people of color. In addition, Obama has nominated more openly gay federal judges than all previous presidents combined. Despite the Senate GOP’s routine stalling of the president’s nominees, he has succeeded in bringing unprecedented gender and racial diversity to the federal bench.

Both Kelly and Phillips have been nominated to vacancies that have not yet opened up (Kelly’s vacancy opens tomorrow and Phillips’ in April). If the Senate confirms them quickly it will avoid adding two more vacancies to an already over-burdened federal court system. Promptly filling the 10th Circuit vacancy  is especially critical since the 12-judge Tenth Circuit  is on track to have vacancies in one third of its seats. A nominee for one of the three current vacancies on the circuit, Robert Bacharach of Oklahoma, has been waiting over seven months for a Senate vote, despite strong support from his two home-state Republican senators.

 

PFAW

Still No Explanation From Grassley on Judiciary Committee Delays

This morning, the Senate Judiciary Committee approved five nominees to serve on federal district courts in New York, California and Florida and on the US Court of International Trade. A week ago, Iowa Republican Sen. Chuck Grassley postponed votes on all five nominations without giving a reason, a delaying tactic that he has used on 97 percent of President Obama’s judicial nominees who the committee has voted on.

Sen. Grassley did not explain the reason for the delay last week, when a coalition of Iowa and national groups urged him to stop such routine delays. And the reason remained unclear today, as all five nominees were approved without opposition.

These five nominees now join fifteen other federal judicial nominees awaiting confirmation votes from the full Senate. The Senate has made progress by scheduling confirmation votes on four unopposed district court nominees in the past week, but that small amount of progress isn’t nearly enough to fill the gaps in overworked federal courts. Seven of the nominees still waiting for votes would fill officially-designated “judicial emergencies.”

It would be easy, of course, for the Senate to hold votes on all of the remaining nominees before the end of the year. After all, most were approved by the Judiciary Committee many months ago. But Senate Republicans have continued to stall even nominees with strong bipartisan support. All the circuit court nominees waiting for votes have the support of their home-state senators, Republican and Democratic, and nearly all of the pending district court nominees were approved by the Judiciary Committee with unanimous or nearly unanimous bipartisan support. One circuit court nominee, New Jersey’s Patty Shwartz, has been waiting nine months just for an up-or-down vote from the Senate; Federal Circuit nominee Richard Taranto has also been waiting since March.

If the Senate fails to vote on these nominees during the lame duck, the confirmation process – from presidential nomination through floor vote – will have to start all over again next year.

Notable about the district court nominees approved by the Judiciary Committee today is that all are women or people of color, representative of President Obama’s efforts to bring diversity to the federal courts. The nominees also include New York’s Pamela Chen, who would become just the fifth openly gay person to be confirmed to a lifetime federal judgeship.

PFAW

Grassley's Non-Response on Judicial Nominations

Chuck Grassley issues a misleading response to complaints about his obstruction of resident Obama's judicial nominees.
PFAW

Mitt Romney Still Thinks Corporations are People. They Still Aren’t.

Campaigning in Florida today, Mitt Romney doubled down on his recent claim that “corporations are people”:


Speaking to a town hall-style gathering at a Miami airport hotel, the former Massachusetts governor repeated the line he first said last month at the Iowa State Fair.


“I’ll communicate to the private sector, by the way, that we like you,” Romney said in response to a question about how to encourage banks to lend more money. “We like enterprise. I was in Iowa the other day, and people suggested that we just raise taxes on corporations.”


He went on: “I told them, corporations are people. … Raising taxes on corporations is raising taxes on people.”


While it’s true that corporations are owned by people, Romney intentionally ignores the basic purpose of corporations: to be a legal entities separate from human beings that own them, with different rights and responsibilities under the law. He also ignores the fact that many large corporations pay much less in taxes than actual human beings – GE, for instance, paid no federal income taxes in 2010.

Even if corporations were people, they’d be doing fairly well in today’s economy. Corporate profits have soared in the past year, even as more and more human beings are out of jobs and facing poverty.

When Romney made his first “corporations are people” remark, we responded with a petition and a TV ad in New Hampshire. Sounds like it’s time to dust that ad off:

 

 

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

Rick Perry: Uniting the Really Far Right and the Really, Really Far Right

Cross-posted from the Huffington Post

Texas Gov. Rick Perry formally launched his presidential campaign last weekend, apparently hoping to upstage those competitors who were slugging it out in the Iowa Straw Poll. The event was won by Michele Bachmann, whose core supporters come from the same Religious Right-Tea Party crowd expected to be Perry's base. He may have just made it official, but in fact Perry has already been running hard. A week before his announcement, he solidified the devotion of Religious Right leaders and activists with a defiantly sectarian prayer rally sponsored by some of the country's most extreme promoters of religious and anti-gay bigotry. His financial backers began hitting up donors a while ago.

Perry is hoping to take advantage of a relative lack of enthusiasm for the current Republican field and its erstwhile front-runners. His potential to upset the field is reflected in the fact that he was polling in the double-digits before even entering the race, drawing far more support than candidates like Newt Gingrich and Rick Santorum who have seemingly been running for years. Ed Kilgore at The New Republic wrote recently that Perry has become "the unity candidate of the GOP" because he "seems to perfectly embody the Republican zeitgeist of the moment, appealing equally to the GOP's Tea Party, Christian Right, and establishment factions while exemplifying the militant anti-Obama attitude that holds it all together." Perry does indeed draw support from both establishment and far-right Republicans: last year, prizes offered by his election campaign included lunch with GOP strategist Karl Rove and a spiritual tour of the U.S. Capitol with right-wing pseudo-historian David Barton.

The Religious Right

Perry's love affair with even the most extreme elements of the Religious Right is a long-term relationship that started years before the recent prayer rally. Over the years, Perry has persistently backed the efforts of Religious Right activists on the Texas school board to use the textbook selection process to impose right-wing religious and political ideology on science and history textbooks. He has shown little respect for the separation of church and state and has worked to further restrict access to abortion in the state.

His reelection campaigns have relied heavily on church-based organizing and networks of far-right evangelical pastors mobilized by the likes of self-described "Christocrat" Rick Scarborough. According to the Texas Freedom Network, Between May 2005 and October 2008 the Texas Restoration Project held eight pastors' policy briefings. Part of Perry's invitation to the October 2008 event said:

While Congress occupies its time trying to legislate defeat in Iraq, we hope you will attend a Pastors Policy Briefing that will equip you to walk point in the war of values and ideas.

Rediscovering God in America -- Austin is intended to remind us that excuses are not the proper strategy when facing evil and confronting enemies. Instead, we must rally godly people and seek God's provision for the resources, the courage, and the strength necessary to win and, ultimately, glorify Him.

In 2009, he participated in a closed-door session with Texas pastors sponsored by the U.S. Pastor Council, and hosted a state prayer breakfast that featured Gary Bauer as the keynote speaker. And last year, he was visited by a group of pastors associated with the dominionist New Apostolic Reformation, who told him that God had chosen him for bigger things; they were among the leaders of last weekend's "Response."

The Response itself was called by Perry but sponsored and paid for by the American Family Association, which has been designated a hate group by the Southern Poverty Law Center for its pattern or spreading false and denigrating information about gay people, and which promotes some of the ugliest bigotry spewed on the nation's airwaves. Among the extremist co-sponsors and speakers at The Response were dominionist Mike Bickle, who has said that Oprah is a harbinger of the anti-Christ, and pseudo-historian David Barton, who claims that Jesus opposed progressive taxes, the minimum wage, and collective bargaining by unions.

The Tea Party Right

Perry also seamlessly blends the Tea Party's anti-Washington fervor with the Religious Right's Christian-nation vision. Last year, at an event sponsored by the Texas Eagle Forum, Perry said the November 2010 elections were "a struggle for the heart and soul of our nation." Said Perry, "That's the question: Who do you worship? Do you believe in the primacy of unrestrained federal government? Or do you worship the God of the universe, placing our trust in him?"

If it seems remarkable and contradictory that Perry would seek the presidency so soon after speculating on the benefits of seceding from the union "if Washington continues to thumb its nose at the American people," it is no less contradictory than Perry promoting his anti-Washington book, "Fed Up: Our Fight to Save America from Washington," while repeatedly requesting federal emergency assistance to fight wildfires that have raged in Texas this year.

The Economic Right

Perry is almost certain to make jobs -- and his claims that Texas' low-tax, low-regulation, low-wage environment would be good for what ails America -- a centerpiece of his campaign. In fact he has been publicly praying about regulations that he says stifle business and jobs. That vision will almost certainly make Perry popular among the corporate funders that are increasingly funneling money into Republican campaigns in the wake of the Supreme Court's Citizens United decision that corporations have the same rights as citizens to influence elections.

Perry's economic policies may be good for corporate profits, but they aren't much of an economic model for the rest of us. Nobel Prize-winning economist and New York Times columnist Paul Krugman wrote earlier this year:

Texas is where the modern conservative theory of budgeting -- the belief that you should never raise taxes under any circumstances, that you can always balance the budget by cutting wasteful spending -- has been implemented most completely. If the theory can't make it there, it can't make it anywhere.

Debt owed by the state of Texas has doubled during Perry's tenure as governor; the state's per-capita debt is worse than California's. And this year, Texas lawmakers wrestled with a budget shortfall that Associated Press called "one of the worst in the nation." Perry's budget relied heavily on federal stimulus funds to plug a massive 2010 budget deficit. The budget finally passed this year cut some $4 billion out of state support for public education and is expected to result in tens of thousands of teacher layoffs.

Meanwhile, Texas ranks at or near the bottom of many indicators of individual and community health. It is worst in the country in the percentage of children with health insurance and pregnant women receiving early prenatal care. It has the highest percentage of workers earning at or below the minimum wage. It has the lowest percentage of adults with a high school diploma. It is worst for known carcinogens released into the air and among the worst for toxic pollution overall.

The Right Online

Perry has sometimes adopted the Sarah Palin approach to media. According to the conservative Daily Caller, Perry declined to meet with newspaper editorial boards during his primary race against Sen. Kay Bailey Hutchison, but "went out of his way to make himself available to conservative bloggers." The Caller's Matt Lewis predicts that "a large percentage of conservative bloggers for sites like RedState.com" will "jump on the Perry bandwagon."

Perry the Prevaricator Perry statements have received no fewer than seven "pants on fire" ratings from Politifact Texas; he earned those awards for repeated false statements about his policies and his political opponents. Of 67 Perry statements reviewed by Politifact, 14 were declared false in addition to the seven "pants on fire" lies -- while another 10 were rated "mostly false." Only 17 were considered true (10) or mostly true (7), with 19 called "half true."

Perry and the Republican Party

If Rick Perry does indeed become the Republican "unity candidate," that will be further evidence that the GOP has become the party of, by, and for the far right -- a party that has abandoned any credible claim to representing the economic interests or constitutional values embraced by most Americans.

PFAW

Mitt Romney: People Person?

Republican presidential candidate Mitt Romney turned a few heads on Thursday when he told an audience at the Iowa State Fair that “corporations are people.”

Responding to a protestor who suggested that Romney be open to raising taxes on corporations, Romney said, “Corporations are people, my friend. Of course they are. Everything corporations earn ultimately goes to people. Where do you think it goes?”

While Romney might feel a personal connection to the corporations that are spending millions of dollars to support his campaign, the fact remains that corporations are legal entities and not human beings. And while it’s true that corporate profits are indeed at the disposal of certain people, those people are hardly the ones hurting most in the recession. In fact, the salaries of CEOs skyrocketed in 2010, even as unemployment rates remained high.

Over the weekend, we made an ad responding to Romney’s statement, which we’re airing in New Hampshire:

Watch the original video from the Iowa State Fair:

You can also sign our petition urging Romney to retract his new definition of personhood here.
 

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

Will California’s LGBT-inclusive curricula promote safer schools?

California's Governor Jerry Brown signed the Fair, Accurate, Inclusive, and Respectful Education Act (FAIR Act) today, a landmark piece of legislation requiring the state’s public schools to include LGBT history in their curricula. This major step forward is not only a sign of a significant societal shift, but is also proof lawmakers, activists, and everyday people are working to make things better for LGBT youth.

This exciting news comes at a time when we too frequently hear about numerous LGBT students suffering constant—and sometimes violent—bullying and harassment by their peers and even teachers. Though the FAIR Act is by no means a solution to the bullying problem by itself, its impact will hopefully help foster an environment of tolerance and respect in California’s public schools.

While states such as California continue to make important strides towards equality and inclusiveness, it is important that we continue tackling the bullying problem head on by supporting federal legislation such as the Safe Schools Improvement Act, the Student Non-Discrimination Act, and the Tyler Clementi Higher Education Act.

To learn more about these important pieces of legislation, please see our fact sheet on safe school and find out what you can do to support this effort.

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

Department of Education takes another stand for LGBT youth

In October and December of 2010, the Department of Education took a stand for LGBT youth by issuing guidance to address bullying in schools, especially as it relates to federal education anti-discrimination laws. One of those laws, Title IX of the Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex. While the language does not specify sexual orientation and gender identity, the Department has made clear that harassment on these grounds, under certain circumstances, violates Title IX.

Yesterday, the Department of Education released new guidance, this time focusing on the right of students under the Equal Access Act to form extracurricular clubs, including gay-straight alliances (GSAs).

Secretary Arne Duncan:

Gay-straight alliances (GSAs) and similar student-initiated groups addressing LGBT issues can play an important role in promoting safer schools and creating more welcoming learning environments. Nationwide, students are forming these groups in part to combat bullying and harassment of LGBT students and to promote understanding and respect in the school community. Although the efforts of these groups focus primarily on the needs of LGBT students, students who have LGBT family members and friends, and students who are perceived to be LGBT, messages of respect, tolerance, and inclusion benefit all our students. By encouraging dialogue and providing supportive resources, these groups can help make schools safe and affirming environments for everyone.

[ . . . ]

It is important to remember, therefore, that the Equal Access Act’s requirements are a bare legal minimum. I invite and encourage you to go beyond what the law requires in order to increase students’ sense of belonging in the school and to help students, teachers, and parents recognize the core values behind our principles of free speech.

The announcement was met with strong support across the safe schools community.

Eliza Byard, Executive Director, Gay, Lesbian, and Straight Education Network:

Secretary Duncan's Dear Colleague letter is a clear signal to schools and school districts that they may not discriminate against students who seek to form Gay-Straight Alliances. We are grateful to the Department of Education for supporting students' rights, attempting to prevent discrimination and affirming the positive contributions Gay-Straight Alliances make to the life of our schools, right alongside other non-curricular clubs.

Laura Murphy, Director, ACLU Washington Legislative Office:

Gay-straight alliances can play a crucial role in improving students’ lives. Just as with other extra-curricular groups and clubs, students have a federal legal right to form GSAs. Our public schools should be promoting fairness and acceptance, not discrimination.

Human Rights Campaign:

Gay-Straight Alliances are powerful forces in our schools. Not only do they offer a safe and supportive environment for LGBT students but they allow straight allies to show their support. One of the most powerful impacts that a GSA can have, however, is on those students who aren't even members - the very existence of a GSA shows students who may still be coming to terms with their orientations that someone at their school cares.

PFAW agrees that every student, LGBT or not, has the right to be educated in the same way, including equal access to extracurricular clubs. Click here and here for more information.

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Iowa State Senator Tells Student Testifiers “Go Back Home”

What would it be like to be hushed and shooed away by your own elected representative? Earlier this week, a group of student leaders from each of Iowa’s state universities found out firsthand. The students, who were testifying in opposition to proposed budget cuts to higher education, were told to “go home” by Sen. Shawn Hamerlinck, the ranking Republican on Iowa’s Senate Education Appropriation committee.

The students, mostly presidents of their respective student government organizations, were invited for “Open Budget Hearings,” which were arranged to get feedback from Iowans who would be affected by the proposed budget cuts, including a severe cut to higher education that would lead to fewer course offerings, larger class size, and more students unable to afford their college tuitions. After their testimony, Sen. Hamerlinck thanked them condescendingly, then basically told them to butt out of the government’s business. “Spending your time worrying about what we’re doing up here, I don’t want you to do that. Go back home,” he told them.

As a student myself, I find this appalling. Youth does not equate to ignorance. Hamerlinck addressed the students as if they were merely wasting his time, playing congressional make-believe, saying “you probably prepared for [this hearing] for days and you sat there in front of us trying to make sure your remarks were just right.” Hamerlinck has the air of an impatient parent saying, That’s nice, but daddy’s doing grown-up work, so why don’t you go play somewhere else?

These students are young adults, not children, and they represent the student governments of their universities. Even more importantly, they’re constituents. Maybe it’s more than Hamerlinck can handle to truly listen to and take into consideration the opinions of his constituents, but it’s truly unacceptable for him to treat a group of engaged young people with such disrespect and contempt.

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Rick Santorum: The Hapless Holy Warrior Starts Another Crusade

Former Senator Rick Santorum formally launched his bid for the White House today. Given that Santorum's last run for reelection resulted in a crushing 17-point defeat, and given that his poll numbers are still in the low single digits in spite of his having been running a de facto campaign for the past year and a half, it would seem that Santorum's race is mostly a sign of the self-deceiving wishful thinking that overtakes people who believe they are meant to be president -- or in Santorum's case, who believe God truly wants them to be president.

Indeed, Santorum's campaign has already won him enough mockery that Pittsburgh Post-Gazette columnist Tony Norman recently dubbed him "the Rodney Dangerfield of American politics," saying he gets "as little respect as support."

Part of Santorum's problem is simply that he comes across to many people as annoyingly self-righteous. Norman writes, "His biggest problem is that he reminds everyone, including Republicans, of the annoying kid in Sunday school who memorizes all 66 books of the Bible so he can recite them in reverse order for the old ladies at church." In 2009, as Santorum's plans to run were becoming more apparent, journalist Matthew Cooper wrote, "My favorite Santorum anecdote actually comes from Bob Kerrey. After Santorum denounced Sen. Mark Hatfield, the Oregon Republican, for his opposition to the balanced budget amendment to the Constitution, the Nebraska Democrat was asked what he thought. 'Santorum, that's Latin for a--hole.'"

Fans on the Far Right

In spite of Santorum's huge negatives, he has his cheerleaders among right-wing activists and pundits who think he could still emerge from the unimpressive GOP pack.

Last month, right-wing Catholic activist Keith Fournier published a column that was essentially a mash note, declaring Santorum the winner of the South Carolina debate, calling his demeanor "Kennedy-esque," and gushing that Santorum's "courage to lead" is "what this Nation needs."

In February, columnist George Will praised Santorum as a "relentless ethicist" and said the GOP needs someone who can energize social conservatives who "are feeling neglected and are looking for someone like Santorum." To those who thought his loss would make him unelectable, Will asks, "Well, was Richard Nixon defunct after losing the California gubernatorial race in 1962?" I wonder if Santorum welcomed that comparison.

In January, when Santorum was criticized for slamming Obama's support for abortion in racial terms -- saying, "I find it almost remarkable for a black man to say 'now we are going to decide who are people and who are not people'" -- The National Review's Kathryn Jean Lopez praised Santorum for raising the issue of abortion in the black community.

The Christian Broadcasting Network's David Brody also praised Santorum back in January, before Brody's crush on Donald Trump burst into full flower.

Love him or hate him, let's be clear about Rick Santorum. He doesn't hold back. He doesn't mince words and conservative Christians and Catholics find this quality to be his best attribute. If and when he dives into the 2012 GOP mosh pit, he's going to be the guy that won't hold back and in the process he'll put some of these other 2012 contenders on the spot by bringing up issues that everybody whispers about but rarely talks about in public.

Hard Right Record

Santorum's far-right rhetoric and policy positions are what keep hope alive among some of his supporters. He is campaigning as a hard-right candidate who can appeal to every stripe of conservative. And he certainly has the record to back up that claim.

Speaking to a Tea Party gathering in February, Santorum embraced an extreme view of the constitutional separation of powers and the role of the federal judiciary, reportedly saying that Congress has the power and the right to declare what is constitutional or not. He said Congress has the power to disband the federal courts and that "I would sign a bill tomorrow to eliminate the 9th Circuit [Court of Appeals]. That court is rogue. It's a pox on the western part of our country." He told the Conservative Political Action Conference in February that "America belongs to God" and the judiciary has no right to "redefine" life or marriage.

He's a fierce critic of federal health care reform legislation, saying it will "destroy the country," portraying it as the equivalent of drug dealing and telling a group of Christians that getting hooked on health care would make them "less than what God created you to be." He has said that "if Obamacare is actually implemented," then "America as we know it will be no more."

Today, after he announced his candidacy, Santorum declared that American troops at D-Day had been fighting for Rep. Paul Ryan's plan to effectively end Medicare. "Those Americans risked everything so they could make that decision on their health care plan," he said.

He pushes the Tea Party's small-government ideology, saying the problems in the housing industry will be resolved by "getting regulators to back off" and letting the markets work their magic. Similarly, he says the answer to creating jobs is to get rid of all the government intervention that he believes is strangling businesses -- health care reform, financial regulation, the Environmental Protection Agency, and more.

In a bid to salvage his sinking 2006 reelection campaign, Santorum turned to bashing immigration reform and "amnesty" for illegal immigrants.

Santorum has a social issues record to make the Religious Right cheer. He made a name for himself on the national scene with his attacks on gay rights, most notably in a 2003 interview comparing gay relationships with "man-on-dog" sex. (In the same interview he argued that the Constitution does not protect a right to privacy. Recently he said that allowing loving gay couples to adopt children is "trying to defy nature" and should be illegal, as should gay marriage. He says that the Obama administration's decision to stop defending the Defense of Marriage Act in federal court meant that the "free exercise of religion will be eviscerated."

Although, while in the Senate, Santorum supported the occasional pro-choice Republican, he calls Roe v. Wade a "monstrosity" and supports criminalization of abortion, which he says is the reason Social Security is in trouble. He backs right-wing attacks on funding for Planned Parenthood's family planning services, actively taking part in the right-wing propaganda campaign against Planned Parenthood. Santorum has slammed the Griswold decision, in which the Supreme Court recognized a constitutional right to privacy and overturned a state ban on contraception, as a "constitutional wrecking ball."

Santorum gave Religious Right activists a powerful tool for pushing religion into public school classrooms when he sponsored an amendment to the "No Child Left Behind" law that encouraged the teaching of intelligent design in science classes. The amendment, written in part by the creationist Discovery Institute, became a force behind creationists' bogus "teach the controversy" strategy. Santorum wrote in 2002 that "Intelligent Design is a legitimate scientific theory that should be taught in science classes." Scientists and courts disagree.

Santorum has been a severe critic of Islam from his perch at the "America's Enemies" program at the right-wing Ethics and Public Policy Center. He says Islam is incompatible with western civilization because Shariah is both a civil code and a religious code. But he also says of Christians that "it is our obligation" to make civil law in America "comport with God's laws."

Santorum has tried to get attention to his desire to be the second Catholic president by slamming the first, saying he was "appalled" by John F. Kennedy's "radical" support for the separation of church and state - a centerpiece of Kennedy's vision of America. Speaking of the Kennedys, Santorum criticized church officials for praising former senator Ted Kennedy at his funeral, saying there was "no excuse" for it and arguing that it was harmful to send the message that it was okay for Catholic politicians to dissent from church teachings.

Although Santorum has been quick to slam progressive Catholics for not hewing closely enough to the doctrine of Church hierarchy, he's shown no compunction in casting aside Church teaching when it conflicts with his extreme ideology, as he did when repeatedly supporting "enhanced interrogation" techniques like waterboarding -- which has been clearly labeled "torture" and "an intrinsic evil" by the Catholic Church.

Santorum blamed the church's sex abuse scandal on the liberal political culture of Boston:


Priests, like all of us, are affected by culture. When the culture is sick, every element in it becomes infected. While it is no excuse for this scandal, it is no surprise that Boston, a seat of academic, political and cultural liberalism in America, lies at the center of the storm.


Obama as Enemy

At least one columnist has suggested that Santorum is angling for a VP spot, where he would serve as the GOP campaign's attack dog. He has repeatedly demonstrated his willingness to savage President Obama in the most extreme terms. Obama he says, does not have "a love of this country and an understanding of the basic values and wants and desires of its people." If Obama is reelected, he says, "Democracy and freedom will disappear." Santorum says Obama's talk about his faith is "phony" because the president, like other liberal Christians, has "abandoned Christendom" and has no "right to claim it." In fact, he says, Obama and "the left" are actively seeking to "destroy the family and destroy the Church" because that is the only way they can "be successful in getting socialism to be accepted in this country and that's what their objective is." During the 2008 campaign, Santorum was declared one of Keith Olbermann's "Worst Persons in the World" for continuing to spread the right-wing lie that Obama "won't wear the American flag pin."

When President Obama criticized cable news, Santorum ridiculously portrayed it as a prelude to tyrannical censorship: "This reminds me of what Hugo Chavez is doing down in Venezuela, trying to shut down the voice of opposition in the media." He says Obama "doesn't believe in the foundational principles that made this country great, which is limited government and free people." He said his own grandfather came from fascist Italy to a country that would allow him to be free: "That's the kind of change we need in Washington, DC."

In an April 28, 2011 foreign policy speech at the National Press Club, Santorum declared that "unlike President Obama I believe we were a great country even before the Great Society Programs of the 1960s." He went on to say, "Freedom has been our watchword, our anchor and our moral guide for nearly every cause both here and abroad. But today we have lost this mission because our president doesn't believe in it." After another (now-GOP-requisite) slam on Obama for not believing in American exceptionalism, Santorum slammed Obama for not doing more to support protesters in Iran: "We sided with evil because our president believes our enemies are legitimately aggrieved and thus we have no standing to intervene." Last year Santorum reportedly told a Pennsylvania crowd "that Obama seeks to make the United States like Europe, a continent whose citizens have turned their backs on faith and grown selfish, and where governments bestow rights upon the citizenry, rather than a place where all are born with God-given rights."

Violating Reagan's 11th Commandment

One reason Santorum might not be very popular in spite of his reliably right-wing record is that he is a habitual violator of Ronald Reagan's 11th Commandment. Santorum seems quite happy to speak ill of his fellow Republicans. He has slammed Romney as "Obama's running mate" (a reference to Romney's support for health care reform in Massachusetts) and criticized Newt Gingrich for criticizing Paul Ryan.

During the 2008 campaign, he repeatedly criticized John McCain. After pledging that he would never support McCain, he tepidly endorsed him after Sarah Palin joined the ticket. Santorum even wrote a snide column after McCain's loss predicting (wrongly) that McCain would seek historical redemption by leading the charge in Congress to help Obama move his agenda.

One of Santorum's less-successful slams on a fellow Republican came when he criticized Sarah Palin for not attending the Conservative Political Action Conference and suggested that her duties as a mom to five kids may have made her too busy. Palin in turn suggested that Santorum might be a "knuckle-dragging Neanderthal."

God's Candidate?

Santorum sees politics in spiritual terms. He says that government gets bigger and more intrusive without a "moral consensus" to guide society. In 2008 he told faculty and students at right-wing Ave Maria University, "This is not a political war, it is not a cultural war; it's a spiritual war." Santorum suggested that his opponents were agents of Satan: "The Father of Lies has his sights on what you would think the Father of Lies would have his sights on -- a good, decent, powerful, influential country: the United States of America." He warned the students that if they signed up for God's army, "you'll be ridiculed and you'll lose most if not every one of your battles. But you know who's going to win in the end, so you warrior on happily."

The Campaign Limps Along

Last spring, Santorum said he saw "an opening for someone who can unite the various primary factions -- economic libertarians, party establishment types and cultural conservatives," according to CBS News' Marc Ambinder. But after more than a year of campaigning, Santorum is polling at just two percent among Republicans.

Santorum is unfazed, saying that his poor showing in national polls is only because he's focusing on important early states of Iowa, New Hampshire, and South Carolina, where he won a GOP straw poll earlier this year. Though to keep that win in perspective, Santorum was the only candidate to show up to the GOP dinner and took 150 votes out of the 408 cast.

Cross posted on The Huffington Post

It's hard to predict what could happen in the GOP primary, but at this point, Santorum's barely-limping-along campaign seems in need of divine intervention.

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Pandering for the Primaries, Pawlenty Tacks Right

Former Minnesota governor Tim Pawlenty officially launched his presidential campaign today in Iowa. Although he has been campaigning in Iowa and New Hampshire for a couple of years now, you may not know much about him. He has low name recognition and low poll numbers, and his book Courage to Stand is not selling that well. But journalists from The New Republic and National Review think he could well be the GOP candidate. So it's worth taking a good look at his record and his far-right ideology.

Part of Pawlenty's appeal is supposed to be that he is from Minnesota, and was elected as a conservative in a bluish-purplish state. Some people wrongly assume that being from Minnesota automatically makes him some kind of moderate. In fact, Pawlenty is campaigning as a hard-core, across-the-board conservative.

He makes appeals to Religious Right voters by talking up his faith and appearing on even the most offensive radio shows, like that of the American Family Association's Bryan Fischer, who is surely one of the most extreme, hateful and bigoted personalities in Christian radio. Pawlenty helped raise money for Ralph Reed's "Faith and Freedom Coalition" in Iowa. And he appointed an education commissioner who equated teaching of evolution with teaching of creationism but thought teaching sharing in kindergarten was "socialist."

Pawlenty's attacks on reproductive rights please anti-abortion advocates. A National Review Online blogger says Pawlenty "may be the strongest pro-life candidate" in 2012. As governor, Pawlenty signed legislation erecting barriers to women seeking abortions, including a required waiting period and anti-choice lecture. He has spoken at anti-choice rallies, looking forward to a day when Roe v. Wade would be overturned, saying: "We have a dream today that someday soon this will not be an anniversary of sadness, but an anniversary of justice restored."

Pawlenty has also fine-tuned his campaign and his record to be more attractive to the far-right Republican Party of the Tea Party era. He once actively supported regional action to address climate change and even filmed an environmental commercial. But now he apologizes, calls his former position "stupid," and has joined the ranks of climate change deniers. Pawlenty once voted for a gay rights bill as a state legislator, but then disavowed it and embarked on a journey that Think Progress described as "evolving homophobia." And he is a vocal supporter of the current effort to amend Minnesota's constitution to ban gay couples from getting married.

Pawlenty doesn't even support legal protections short of marriage, like those that could be provided by civil unions. He went so far as to sign an Orwellian letter defending the Family Research Council, the American Family Association and other anti-gay groups against criticism that they were promoting hate.

Pawlenty appears at Tea Party events and appeals to Tea Partiers with his opposition to health care reform. He denounces "Obamacare" as unconstitutional and one of the worst pieces of legislation in the history of the country. He compares the health care reform law to drug dealing and has joined legal efforts to prevent it from being implemented. In 2006, Pawlenty, in what opponents called election-year politics, pushed a wide array of proposals to crack down on immigration. Last year, he advocated amending the Constitution to deny citizenship to the American-born children of undocumented immigrants. Speaking to a Hispanic Republican group in January, he fudged his position, but said, "We can't have wide swaths of the country nodding or winking or looking the other way to broad violations of the law," rhetoric that echoes the "anti-amnesty" language used by opponents of comprehensive immigration reform.

And Pawlenty works hard to appeal to the economic and corporate right. He wrote a column in the Wall Street Journal last December slamming government employees and decrying a "silent coup, an inside job engineered by self-interested politicians and fueled by campaign contributions." The nonpartisan PolitiFact rated the column and its claims about government workers "Pants on Fire" -- its most-lying "Truth-o-meter" rating.

Pawlenty's self-portrait doesn't always mesh with reality. He rails against the "immoral debt" and touts his record as a governor of holding the line on growth in government. But in fact, as governor, he used short-term budget tricks that "left the state with a $5-billion projected deficit, one of the highest in the nation as a percentage of the state's general fund." He railed against the Obama administration's stimulus bill but then asked for $236 million from it.

He portrays himself as an anti-tax champion, but that's not how many Minnesotans experienced him. A state revenue department study in 2009 found that Minnesotans earning less than $129,879 saw their tax rates increase under Pawlenty. "Don't let anyone tell you Governor Pawlenty didn't raise taxes," said Sen. Al Franken. "It's about whom he raised them on. He raised them on lower- and middle-income families all across the state in order to pay for our kids' education."

Pawlenty promises right-wing groups that as president he will appoint "strict constructionist" judges -- code for judges with an 18th-century view of Americans' rights and interests. Last year he bypassed his state's Commission on Judicial Selection to appoint to a judgeship an attorney with strong Religious Right connections who served as counsel for the Minnesota Family Council in an anti-gay marriage case.

Back in 2008, when Pawlenty was frequently mentioned as a potential vice presidential candidate, he was criticized for being too boring on television, maybe a bit too "Minnesota nice." So the 2012 Pawlenty has learned how to make himself sufficiently aggressive for the GOP zeitgeist. In speeches at conservative conferences, Pawlenty denigrates President Obama, accusing him of appeasing the nation's enemies. In his campaign launch message, Pawlenty said President Obama lacks both understanding of the nation's problems and the courage to address them.

While these may all be traits that will help Pawlenty win the Republican nomination, it's hard for me to imagine that a majority of American voters would agree that what we really need in the White House is a trash-talking, flip-flopping, science-denying, abortion-criminalizing, gay-rights-bashing, Religious Right-embracing politician who is so eager to get elected that he'll promise the far right just about anything. He even faked a southern accent when speaking to conservatives in Iowa, provoking well-deserved mockery back in Minnesota.

Pawlenty's backers are convinced that his polling numbers are low only because Americans haven't gotten to know him yet. But as Nate Silver noted back in November, Pawlenty was not that popular among those who know him best of all:

... a survey of Republican primary voters in Minnesota -- where Mr. Pawlenty is the governor and where his name recognition is near-universal -- showed him getting only 19 percent of the Republican primary vote there (although this was good for a nominal first place with Ms. Palin placing at 18 percent). Mr. Pawlenty's approval rating in Minnesota is also a tepid 47 percent.

Cross posted on The Huffington Post

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