Michigan

Voter suppression’s on the menu in Michigan

Last month we reported on the citizenship question that came up during Michigan’s primary. But that’s just the tip of the iceberg for voter suppression in the Great Lakes State.
PFAW Foundation

Michigan Primary raises citizenship question

“Are you a citizen?” was the question posed by the Michigan Primary even before voters were asked to decide between President Obama or Santorum and Romney.
PFAW Foundation

Anonymous Attacks Against LA Progressives

This summer, an organization called Los Angeles Alliance for a New Economy (LAANE) finds itself the target of dozens of baseless public records requests instigated by an anonymous right wing entity apparently seeking to intimidate and harass the organization.

LAANE has long fought for policies to raise wages, protect the environment, and enhance community input on new box stores. In other words, they have gotten in the way when giant corporations have put profit maximization over the rights of workers, consumers, and communities. Perhaps that is why they now find themselves the subject of an extensive fishing expedition for public records that can be taken out of context and demagogued ad nauseam.

An opposition research company that has worked with conservative candidates and causes in California has sent dozens of letters to public officials across the state demanding all communications between LAANE and more than 70 public officials going back a number of years.

So who hired the opposition research firm? Who is it that is apparently hoping to use public disclosure laws to do a hatchet job on LAANE?

Good question, since they refuse to identify themselves.

At least when conservatives in Wisconsin and Michigan used baseless public records requests to intimidate and harass academics at public universities, we knew which far right pro-corporate entities were doing it (ALEC and the Mackinac Center for Public Policy).

In light of the numerous deceptive actions designed to destroy Planned Parenthood, ACORN, NPR, and Shirley Sherrod, it is more important than ever to fight right wing efforts to smear people and organizations who they see as standing in the way of their agenda.

People For the American Way stands with LAANE in demanding an end to the anonymous attack, and you can, too, by signing this petition calling on those who are behind the attack on LAANE to reveal their identities. Democracy is strengthened by the free and robust exchange of ideas and arguments, not by anonymous efforts to intimidate and discredit those who disagree with you.

PFAW

Koch-Funded Group Posts Face Eviction Notices on Houses in Michigan

So, the Koch brothers-funded astroturfing front group Americans For Prosperity's Michigan branch has been busy ... trying to scare people into opposing the construction of a local bridge the group is fighting by putting fake eviction notices on their houses.

Bearing the words “Eviction Notice” in large type, the bogus notices told homeowners their properties could be taken by the Michigan Department of Transportation to make way for the New International Trade Crossing bridge project. The NITC is the subject of debate in Lansing, and Americans for Prosperity is lobbying heavily against it.

“It was meant to startle people,” Scott Hagerstrom, AFP’s Michigan director, said of the notices on Tuesday.

[Detroit Free Press/TPM]
 

PFAW

Citizens United Freed Corporations to Politically Pressure Employees

The Supreme Court’s decision in Citizens United v. FEC, which allowed corporations to spend unlimited amounts of money on politicking, has caused ripples of sometimes unexpected consequences – from the toppling of long-established state laws to the rise of secretive corporate spending groups that operate outside the reach of disclosure laws. Now The Nation has uncovered another destructive consequence of the decision:

On the eve of the November midterm elections, Koch Industries sent an urgent letter to most of its 50,000 employees advising them on whom to vote for and warning them about the dire consequences to their families, their jobs and their country should they choose to vote otherwise.

The Nation obtained the Koch Industries election packet for Washington State [1]—which included a cover letter from its president and COO, David Robertson; a list of Koch-endorsed state and federal candidates; and an issue of the company newsletter, Discovery, full of alarmist right-wing propaganda.

Legal experts interviewed for this story called the blatant corporate politicking highly unusual, although no longer skirting the edge of legality, thanks to last year’s Citizens United Supreme Court decision, which granted free speech rights to corporations.

“Before Citizens United, federal election law allowed a company like Koch Industries to talk to officers and shareholders about whom to vote for, but not to talk with employees about whom to vote for,” explains Paul M. Secunda, associate professor of law at Marquette University. But according to Secunda, who recently wrote in The Yale Law Journal Online about the effects of Citizens United on political coercion in the workplace, the decision knocked down those regulations. “Now, companies like Koch Industries are free to send out newsletters persuading their employees how to vote. They can even intimidate their employees into voting for their candidates.” Secunda adds, “It’s a very troubling situation.”

The Kochs were major supporters of the Citizens United case; they were also chief sponsors of the Tea Party and major backers of the anti-“Obamacare” campaign. Through their network of libertarian think tanks and policy institutes, they have been major drivers of unionbusting campaigns in Wisconsin, Michigan and elsewhere.

“This sort of election propaganda seems like a new development,” says UCLA law professor Katherine Stone, who specializes in labor law and who reviewed the Koch Industries election packet for The Nation. “Until Citizens United, this sort of political propaganda was probably not permitted. But after the Citizens United decision, I can imagine it’ll be a lot more common, with restrictions on corporations now lifted.”

PFAW

The Right's Use of Records Requests to Chill Dissent and Attack Academics

In Wisconsin and Michigan, we are seeing what appears to be the latest right wing tool to intimidate and harass its critics: extensive – and baseless – public records requests against academics at public universities. The consequences for the free and open debate on which our democracy depends are serious indeed.

Last week, Wisconsin Republicans clamped down on criticisms of their party's efforts to undermine workers' rights by filing a broad demand for copies of all of the emails of University of Wisconsin-Madison history professor William Cronon that mention Governor Scott Walker, the eight Republican state senators who have been targeted for recall, or unions that represent government employees. Cronon had recently penned a blog post calling attention to the work of a little-known group called the American Legislative Exchange Council (ALEC) and its apparently significant influence on Republican state lawmakers, including those in Wisconsin such as Governor Walker. The message was clear. Criticize what we do and we'll come after you to see what we can dig up to smear you with.

Any thought that this might be an isolated response was quickly shattered when similar requests were made for Wisconsin-related e-mails at three Michigan universities. Rather than being from the Wisconsin GOP, these were from a right-wing organization called the Mackinac Center for Public Policy. They filed requests for e-mails of the faculty of the University of Michigan Labor Studies Center, the Douglas A. Fraser Center for Workplace Issues at Wayne State University, and the Labor Education Program of Michigan State University. The requests cover not only e-mails relating to the Wisconsin clash over the labor rights, but, according to press reports, also any e-mails mentioning Rachel Maddow.

Aside from their far right conservative ideologies, the Mackinac Center and ALEC have something else in common: Although not well known among the general public, they are part of a network of right wing ideological organizations that have been heavily funded over the years by many of the same small group of wealthy funders, including the billionaire Koch Brothers, the Coors family, the Scaife family, and corporate giant Exxon Mobil.

It is not likely a coincidence that these two right wing organizations employed the same unusual tactics in two different states just days apart. Who knows where they will go next. Clearly this is a pattern. And, unfortunately, it's a familiar one. Just as in the McCarthy era, academics face intimidation and harassment and possible threats to their reputations if they take public stands against the far right. The specific method of intimidation may be different (i.e., public records requests), but the goal is the same.

This intimidation is as insidious now as it was more than half a century ago, because it does not matter that the targets have done nothing wrong and have nothing to hide. As we have seen, all it took was one purloined e-mail, taken out of context and distorted beyond all recognition, to manufacture the phony "Climategate" scandal that threatened the reputation of climate scientists around the world and set back climate change regulations by years.

Anyone doubting that the far right is both willing and able to destroy their reputations with such distortions needs look no farther than the devastating video "exposés" of ACORN, NPR, and Planned Parenthood. The ACORN video came first and essentially destroyed the organization. In the best traditions of McCarthyism, the right now uses any association with ACORN to discredit its opponents. They are hoping for equal success with NPR and Planned Parenthood.

People For the American Way strongly supports the Freedom of Information Act and its state and local equivalents. Opening government records to the public serves as an essential check on the abuse of government power. Indeed, the Bush Administration prepared for its long war against civil liberties in the administration's early days by essentially reversing the Clinton Administration's presumption that FOIA requests should generally be granted unless there is some reason to deny it.

Such laws exist to expand public dialogue and the dissemination of information affecting the public welfare. But the rights granted by FOIA laws, like so many others, have limitations and can be abused. A demand for information can be made not to hold government accountable and enhance public debate, but instead to harass, intimidate, suppress public debate, and keep information and opinions out of the public square. This is particularly true when it is aimed at individuals in state academic institutions.

That's what we see happening in Wisconsin and Michigan.

The public has a right to know about the activities of government entities working in its name. When a government entity has the authority to issue licenses, allocate funds, imprison people, conduct safety inspections, conduct elections – the core activities of government, all of which have substantial impacts on individuals, businesses, and groups – open records laws can help ensure that these tasks are done lawfully, without favoritism or waste. Reflecting how often members of the public request such information, many government organizations have entire offices dedicated to fulfilling these records requests.

So how often does a member of the public submit a record request for, say, the Labor Studies Center at the University of Michigan? I asked Roland Zullo, a research scientist there. He had to think about it because such requests are so rare, but he thinks the last one was about five years ago, a fishing expedition from a conservative organization essentially seeking all of their records going back to the 1950s. When the organization learned how much it would have to pay to cover the costs of its truly expansive request, it apparently backed off.

The Supreme Court has recognized the unique role that universities, including public universities, play in maintaining our liberties. As it stated in 1957, during the McCarthy era, "[t]eachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die."

That is why the American Historical Society has strongly condemned the efforts by Wisconsin Republicans to intimidate Professor Cronon:

The purpose of the state's Open Records Law is to promote informed public conversation. Historians vigorously support the freedom of information act traditions of the United States of which this law is a part. In this case, however, the law has been invoked to do the opposite: to find a pretext for discrediting a scholar who has taken a public position. This inquiry will damage, rather than promote, public conversation. It will discourage other historians (and scholars in other disciplines) employed by public institutions from speaking out as citizen-scholars in their blogs, op-ed pieces, articles, books, and other writings.

We should recognize that public universities are a unique hybrid. They are funded by the public, and we should be able to ensure that taxpayer money is being spent efficiently and legally. But their work also contributes to the robust debate over public issues without which our freedom will die. And that debate requires that we protect academic freedom and ensure that faculty have no reason to feel intimidated for asking difficult questions, conducting their research and writings, and making statements that those in power do not wish to hear.

That is the American Way.

PFAW

Big Victories for Young Progressives

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

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

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

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

PFAW

The Voter-Fraud Fraud

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PFAW

Extremely Extreme Extremism Update

With Election Day fast approaching, tens of millions of dollars from corporations flooding the airwaves each week and seemingly endless news stories about apathy in the Democratic base, right-wing candidates are getting more brazen -- advancing ever more extreme positions and spreading outright lies.

Sharron Angle, the Republican running to unseat Harry Reid in Nevada, told a crowd that Dearborn, Michigan and a town named Frankford, Texas are under Islamic Sharia Law. Utter nonsense. The statement earned her a strong rebuke from the Mayor of Dearborn and it turns out that Frankford, TX doesn't even exist!

Rand Paul, running for Senate in Kentucky, now supports ending the income tax in favor of a more regressive national sales tax that would hit the poor and middle class far more harshly than the income tax. After saying a few months back that he would have opposed the Civil Rights Act of 1964, and making controversial statements about mining and the BP oil spill, Paul's handlers have tried hard to keep his extremism under wraps. But for someone as "out there" as Rand Paul, that's hard to do for very long.

In a debate on Wednesday night, Tea Party favorite and Republican Senate candidate in Delaware, Christine O'Donnell, perpetuating an attack that has been thoroughly discredited, accused her Democratic opponent Chris Coons of being a Marxist, based on Coons' tongue-in-cheek comment in an article he wrote as a student. On a roll, O'Donnell launched into a rant that included attacks on Coons for things he never said and completely fabricated declarations about the "tenets" of Marxism.

These are just some of this week's salvos from the right-wing Rogue's Gallery of Senate candidates -- let's not forget some of the past gems from Tea Party candidates. Sen. Russ Feingold's opponent in Wisconsin, Ron Johnson, is such an extreme pro-corporate ideologue that he tries to push the notion that global warming is caused by sunspots in order to cover for corporate polluters... he also wants to drill for oil in the Great Lakes and even fought against protections for victims of child abuse on the grounds that it would be bad for business.

But the worst of the bunch has to be Colorado's GOP Senate candidate Ken Buck. When he was a county D.A., he refused to prosecute a rape that the accused essentially admitted he had committed. Instead, Buck chose to blame the victim, calling her charges a case of "buyer's remorse." Perhaps most disturbingly, it appears his statement and inaction might have been retribution for what some claimed was an abortion the victim had a year before (despite the victim's claim that she had a miscarriage). Keep in mind this is a man who is against legal abortion even in the cases of rape and incest, and apparently agrees with Sharron Angle that rape victims who become pregnant as a result of their assault should make "lemonade" out of "what was really a lemon situation."

If this weren't enough, this week an interview from March reemerged in which the "get rid of government no matter what the cost" Buck actually came out in favor of privatizing the Centers for Disease Control and Prevention! Imagine the CDC privatized -- the profit motive being the sole determination for whether the Center might act to save millions of lives... or let millions suffer or even die.

This is what extremism looks like. These could be the new people making our laws.

But it's not too late. We can Stamp Out Extremism. Please, this election, dig deep, speak out and get involved.

The latest poll numbers have progressive Democrat Joe Sestak ahead of pro-corporate extremist Pat Toomey in the Pennsylvania Senate race for the first time... Colorado is a very tight race and our endorsed candidate Michael Bennet is in position to defeat Buck with enough of our help... the progressive Senate candidate in Kentucky, Jack Conway, is running very close and could actually beat Republican Rand Paul because of his extremism... and we are fighting tooth-and-nail to keep Russ Feingold in the Senate and stop the radically right-wing Ron Johnson. We are in the process right now of producing ads for all of these states and more, and finalizing our field plan to get out the vote.

Please stay tuned for more on those products and activities, and, in the meantime, help spread around our resources, like our "Rogues Gallery" report, which calls out the GOP's extremist Senate candidates, and our "After Citizens United" report, which exposes the corporate front groups that are trying to buy this election for the Republicans.

UPDATE: Jed Lewison at Kos highlights right-wing candidates attacks on the miminum wage:

As Joan McCarter (here, here, and here) and DemFromCT (here) have documented, in the past few weeks leading Republican candidates have come out against the minimum wage, either calling for it to be lowered or for eliminating it altogether because they think it's unconstitutional. And now West Virginia GOP Senate nominee Joe Raese is once again vowing to repeal the Fair Labor Standards Act which established the minimum wage.

The key thing about the GOP position is that it's not just the minimum wage that they want to get rid of. They want to nuke virtually every law and regulation that protects workers. And that includes another provision of the Fair Labor Standards Act: overtime pay.

UPDATE 2: Tea Party House candidate in California's 11th Congressional District, David Harmer, wants to abolish public schools. Sharron Angle and others want to do away with the Department of Education, but Harmer's position could be an even more extreme attack on public education. Harmer is leading progressive incumbent Rep. Jerry McNerney in the polls...

PFAW

Ms. Angle’s Civics Class

In a remarkable speech reported today in the Mesquite (Nevada) Local News, Sharron Angle seemed to be taking her cues directly from our Rogues’ Gallery of right-wing candidates.

She started off with a novel civics lesson, telling her audience, "Government isn't what our founding fathers put into the Constitution.” (A statement that covers two favorite Tea Party themes: suspicion of the federal government as a whole, and made-to-order “facts” about the founding fathers).

Then, she articulated her priorities for the money saved by phasing out social safety net programs like Social Security and Medicare: eliminate industry regulation, and “lower the corporate income tax from 35% to 20%.”

Finally, Angle threw in some classic right-wing fear-mongering. Asked a question about “Muslims taking over the U.S.," Angle replied that yes, a few U.S. cities with large Muslim populations are at risk of coming under Sharia law:

"We're talking about a militant terrorist situation, which I believe isn't a widespread thing, but it is enough that we need to address, and we have been addressing it," Angle said.

"Dearborn, Michigan, and Frankford, Texas are on American soil, and under Constitutional law. Not Sharia law. And I don't know how that happened in the United States. It seems to me there is something fundamentally wrong with allowing a foreign system of law to even take hold in any municipality or government situation in our United States."

Historical revisionism? Check.

Focus on corporate profits above the welfare of individuals? Check.

Stoking xenophobia for political gain? Check.

Angle’s statements are over the top even for this year’s far-right candidates—but the sentiments she expresses are being repeated by candidates across the country. Read more in the  Rogues’ Gallery.
 

PFAW

Supreme Court: Suspects Must Speak in Order to Remain Silent

The Supreme Court’s conservative majority ruled today that suspects being interrogated can only invoke their right to be silent if they say so explicitly—they can’t just remain silent. Justice Sonia Sotomayor, in a dissenting opinion, called the ruling a "substantial retreat from the protection against compelled self-incrimination that Miranda v. Arizona has long provided.” The Los Angeles Times explains:

In the past, the court has said the "burden rests on the government" to show that a crime suspect has "knowingly and intelligently waived" his rights.

But in a 5-4 decision Tuesday, the court said the suspect had the duty to invoke his rights. If he failed to do so, his later words can be used to convict him, the justices said.

The ruling comes in a case involving a murder suspect who, though read his Miranda rights, never said he would waive them. After three hours of interrogation, he offered a few monosyllabic responses that implicated him in the crime. The Supreme Court’s majority, in an opinion by Justice Anthony Kennedy, went beyond the case in question to hold that suspects, rather than having to explicitly agree to be interrogated, have to explicitly invoke their Miranda rights in order to halt questioning.

Sotomayor pointed out that requiring a suspect to speak in order to remain silent doesn’t really make sense:

Justice Sonia Sotomayor, the court's newest member, wrote a strongly worded dissent for the court's liberals, saying the majority's decision "turns Miranda upside down."

"Criminal suspects must now unambiguously invoke their right to remain silent — which counterintuitively, requires them to speak," she said. "At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so. Those results, in my view, find no basis in Miranda or our subsequent cases and are inconsistent with the fair-trial principles on which those precedents are grounded."

She also criticized the majority for going beyond the decision necessary for the specific case in order to make new and broader rules:

If, in the Court’s view, the Michigan court did not unreasonably apply our Miranda precedents in denying Thompkins relief, it should simply say so and reverse the Sixth Circuit’s judgment on that ground. “It is a fundamental rule of judicial restraint . . . that this Court will not reach constitutional questions in advance of the necessity of deciding them.” Three Affiliated Tribes of Fort Berthold Reservation v. Wold Engineering, P. C., 467 U. S. 138, 157 (1984).

Two disturbing habits of the Roberts Court are on display here: the tendency to ignore the common-sense practicalities faced by the person with the least power in a given situation; and the zeal for going beyond the narrow bounds of a given case and carving out a whole new set of rules not necessary to the resolution of the case before them.

It’s a perfect example of how the Roberts majority, while displaying remarkable ambivalence to the practical implications of its rulings, isn’t just calling “balls and strikes”—it’s going to bat for its own unprecedented agenda.
 

PFAW

Voter Caging Bill Introduced in the Senate

Today, Senator Sheldon Whitehouse (D-R.I.), along with 10 of his colleagues, re-introduced his bill – the “Caging Prohibition Act” – that if enacted, would prevent political operatives from removing eligible voters from voting lists based on inaccurate and unreliable information. Like the Deceptive Practices and Voter Intimidation Prevention Act, originally introduced by then Senator Barack Obama, the need for this bill became increasingly evident in the most recent federal elections where we have seen an increase in dirty campaign tricks aimed at suppressing the vote.

From the press release:

The Caging Prohibition Act, which was first introduced in the 110th Congress, would prohibit interference with registration or voting based solely on unreliable information, such as a "caging list." Caging is a voter suppression tactic in which a political party, campaign, or other entity sends mail marked "do not forward" to a targeted group of voters - often minorities or residents of minority neighborhoods. A list of those whose mail was returned "undelivered" is then used as the basis for challenges to the right of those citizens to vote, on the grounds that the voter does not live at the address where he or she is registered. There are many reasons that mail is returned undelivered, however; an eligible voter could be overseas on active military service or a student registered at a parent's address.

The Caging Prohibition Act would mandate that anyone who challenges the right of another citizen to vote must set forth the specific grounds for that voter's alleged ineligibility and describe the evidence to support that conclusion, under penalty of perjury. Following allegations in 2008 that Republican Party officials in Michigan, Florida, Indiana, and Ohio were considering challenging the eligibility of voters who were on a list of people whose homes were subject to foreclosure, the sponsors updated last year's version of the Caging Prohibition Act to explicitly prohibit challenges based on the foreclosure status of a voter's residence.

People For the American Way is committed to passing legislation that will increase the franchise and eliminate barriers to the ballot. This is what a true democracy is all about. While this country may have passed a threshold in the 2008 elections such that those working to decrease the franchise were overtaken by voting right advocates and the massive participation of voters, we must still be vigilant in protecting the franchise lest we repeat the electoral tragedies experienced during the 2000 and 2004 Presidential Elections. Senator Whitehouse’s voter caging bill is a welcome step in this process and we encourage all Senators to support this bill in a timely fashion so that we can protect the rights of all voters.

PFAW

Don't Mourn, Organize!

If you're following the election news as closely as I am, you're probably finding a lot of reasons to holler at your TV. How about Todd Palin refusing a subpoena from the legislative committee investigating "Troopergate" in Alaska, and Sarah Palin ducking requests to testify with claims of "executive privilege" (sound familiar?) — haven't we had enough of executive branch officials insisting they're above the law? Or maybe for you it's the sight of the "get government out of the way" Republicans suddenly claiming that they're the ones to bring more effective government oversight to Wall Street. So much for free-market fundamentalism! Or maybe it's the implication by the McCain-Palin campaign with their "Country First" signs that anyone who does not support their ticket is not patriotic!

Another thing that is making me furious is that people may be kept from casting their vote. Our affiliate People For the American Way Foundation has been documenting and mobilizing opposition to voter suppression efforts around the country — but conservative officials keep finding new ways to try to keep some voters away from the polls. In Michigan — a key presidential battleground state — the Republican Party is training people to challenge voters at the polls, and is even planning to try to deny voters the chance to cast a ballot if their home has gone into foreclosure. It's disgusting, but it's only part of a much bigger picture -- we're seeing official efforts in other key states like Virginia, Ohio and Florida to find reasons to knock people off the voting rolls.

Whatever is driving you to distraction this week, keep in mind labor organizer Joe Hill's famous admonition: "Don't mourn, organize!"

There's a huge amount of exciting organizing People For and other progressive groups are doing right now — and a lot of ways for you to get involved in these last few weeks before the election.

First and foremost you should VOTE and take at least five friends to the polls with you. If your state lets you vote early, do it. But don't stop there. Here are three other things you can do to keep the White House and Supreme Court out of the hands of the radical Religious Right:

  1. Get your ringside seats on October 2 when "Amtrak Joe" debates "Mooseburger Sarah"... Host a People For vice presidential debate watch party with your friends. We have been documenting Sarah Palin's record of extremism, and we're going to keep it up — we'll help you host a great party and send people off with new ammunition for their conversations with friends and family. Sign up at http://site.pfaw.org/parties.

  2. Volunteer some of your time to a progressive campaign during the next six weeks. Campaigns need help with voter identification and turnout, and in a close election year, this kind of ground work is vitally important -- and it's a fun way to get to know others in your community who share your political passions. Soon we will have a complete list of the candidates who are endorsed by the People For the American Way Voters Alliance. Click here to affirm your membership with People For in one simple step so we can share those endorsements with you.

  3. Be on the front lines to protect voting rights and democracy. We can help you find a way to volunteer in key states on or before Election Day. Sign up here!  

Let's make sure that on November 5, we're tired but elated!

P.S.  Are you doing something new this election year that you've never done before? Do you have a creative idea for energizing people to take action? Let me know and we'll share some of your stories. You could inspire someone else to take the next step — and you could help turn the tide! E-mail me at Kathryn@pfaw.org.

PFAW

GOP Gearing Up for a Comprehensive Voter Challenge Campaign

Well, I guess some people sit around and think, hey this group of people just lost their homes, why don’t we take their vote too? Civil right groups nationwide are up in arms about a reported Michigan GOP scheme to challenge voters on Election Day using the list of foreclosed homes as the basis for the challenge.

In addition to being a mean-spirited attempt to deny persons in extremely vulnerable states access to the polls, it is also an insufficient ground to challenge a voter’s eligibility!

According to former voting rights litigator J. Gerald Hebert, foreclosure notices may not, in and of themselves, be grounds for election challenges because “people often remain in their homes after foreclosure begins and sometimes are able to negotiate and refinance.”

Thus, implementing such a policy would likely have the effect of disenfranchising large swaths of voters, who would be and are eligible to vote. Additionally, most foreclosures in Michigan were on sub-prime loans, which went at a disproportionally high rate to African Americans at a rate of over 60%. Hmm, let’s look at all the pieces: African American Voters + Suppresion Tactics = same plan, different year.

While it still astonishes me to hear about the wanton depths some people will go to keep “certain” people away from the polls, it’s definitely not the first time we’ve seen deceptive and suppressive tactics used on people of color.

Perhaps most astonishing is the Party’s insistence upon ensuring that election procedures are followed. It is difficult to imagine the challenging of poor people and minorities who are struggling to fight their foreclosures as being evidence that our electoral process is running smoothly!

Foreclosures across the country have reached an all time high, with nearly 1.25 million homes in foreclosure, and it would be not be unlikely to expect challenges of this sort in other states with high foreclosure rates, such as Ohio, Florida, Nevada and Arizona (surprise, surprise — competitive election states!) While deceptive practices and voter intimidation and suppression tactics such as this have been common in federal elections, it is long past time to put an end to this.

PFAW