North Carolina voters today are casting their ballots on Amendment One, an extreme measure that would write discrimination into the state’s consitution and potentially take away important protections for all unmarried couples, gay and straight.
The amendment states that “marriage between one man and one woman is the only domestic union that shall be valid or recognized” in North Carolina. It would not only deal another blow to gay and lesbian couples in the state, who are already prohibited by law from marrying, but endangers protections for all unmarried couples, including domestic violence protections and health insurance coverage.
The Coalition to Protect North Carolina Families is running a handful of powerful ads showing Amendment One’s potential devastating impact. Here are a couple:
President Bill Clinton also recorded a robocall on behalf of the anti-Amendment One campaign. You can listen to it here.
North Carolina voters can find your polling place here.
North Carolina’s Senate today passed a measure to put an anti-marriage equality constitutional amendment on next year’s ballot. North Carolina is currently the only Southeast state that hasn’t amended its constitution to ban same-sex marriage, although it already has a statutory ban.
State anti-marriage amendments like North Carolina's are often put on the ballot to boost turnout for other elections – the Bush administration, for instance, was active in getting 11 anti-marriage amendments on state ballots in 2004.
What is remarkable about these amendments is that they change state constitutions to take away rights from citizens, while the traditional role of state and federal constitutions has been to guarantee rights for citizens, especially those who may not be popular among the majority.
It’s sad to see yet another state putting the rights of a minority at the mercy of a majority vote.
The Koch brothers have had a piece of the right-wing anti-public education franchise for some time, through their sponsorship of the American Legislative Exchange Council (ALEC). The corporate-funded think tank has churned out all sorts of model legislation for right-wing state legislators aimed at undermining and defunding public education.
Now, through the Koch-created and funded Americans for Prosperity (AFP), the Koch brothers have taken their attacks on public education to a new level: attempting to reinstitute school segregation.
A brand new video from our friends at Brave New Foundation -- a part of their "Koch Brothers Exposed" series -- details the disturbing rise of racial resegregation in one award-winning North Carolina school district. The story goes like this: AFP supported a slate of right-wing school board candidates who ran on a platform that echoed those of 1960's southern segregationists like George Wallace almost verbatim ... they won, and now they are using their power to hurt the public school system by not only erasing the district's commendable achievements of diversity, but hurting the quality of public education received by all the district's students.
People For the American Way and PFAW's African American Ministers in Action (AAMIA) program are both incredibly proud to cosponsor the release of this video, and we're hopeful that we can help shine a light on this latest right-wing attack on public education, racial equality and civil rights.
Watch the video, and help spread the word by sharing this post.
After you watch the video, please call David Koch at his Manhattan office at 212-319-1100 and tell him to "stop funding school resegregation now."
In the buildup to the 2012 election, Republican legislatures across the nation are implementing a tactic many hoped would die with the signing of the Voting Right Act of 1965 -- silencing the voices of those who disagree with them by simply not allowing them to vote. GOP legislators in at least 20 states are working hard to push through restrictive voter-ID laws that all but disenfranchise large, traditionally Democratic segments of the electorate. These laws would require voters to show a government issued photo ID at the polling place, something 11% of US citizens currently lack.
The facts are firmly against such laws. Voters are more likely to be struck by lightening than to commit fraud, and the Bush Justice Department’s five-year “War on Voter Fraud” resulted in only 86 convictions out of nearly 200 million votes cast (a rate of .0000004%). Furthermore, these laws are expensive to implement, wasting millions of dollars in a time when most states are under severe budgetary restraints. So why would Republicans advocate for such an obviously unnecessary law?
Politics, of course.
While 11% of the general population lack government issued photo ID, the number jumps dramatically when looking at traditionally Democratic segments of the population. A study by the Brennan Center for Justice notes that 15% of low-income citizens, 18% of young eligible voters, and 25% of black voters lack identification that would allow them to vote under these new laws. In addition, such ID is more difficult to obtain for these parties, many of whom can’t drive to the DMV to get an ID or lack the supporting documents, such as a birth certificate, necessary to receive an ID.
In Wisconsin, Gov. Scott Walker just signed a bill that will require voters to show photo identification at the polls. This bill has provoked outrage amongst Wisconsin Democrats, with Stephanie Findley, chair of the Wisconsin Democratic Party Black Caucus, declaring:
Our proud tradition of open elections and high voter turnout will suffer. And with a stroke of the pen, thousands of African-American citizens will no longer be able to vote, solely because of their lack of identification. We now return to the days before the Voting Rights Act, where literacy tests and poll taxes were the rule.
This is backed up by the numbers. Fewer than half of African Americans in Milwaukee County hold ID that would be accepted at the polls, as compared to 83% of whites.
Florida already had a photo identification law in place, but Gov. Rick Scott recently signed a bill that goes even further, making it more difficult for third-party voter registration organizations to operate. Some such organizations, such as the non-partisan League of Women Voters, are pulling out of Florida all together, claiming the law will make it impossible to operate within the state.
In addition to making life difficult for voter-registration organizations, the new law also stops voters from making out-of-county address changes at the polls, making it more difficult for college students to vote, and shortens the early voting window from 14 days to eight. Five counties in Florida governed by the 1965 Voting Rights Act are declining to implement the new law, waiting for Justice Department approval before making any changes.
Early voting in also being targeted by Republican officials in North Carolina, who are studying how it helped Barack Obama win that state in 2008.
This election cycle has experienced a massive flood of political spending following the dramatic weakening of campaign finance laws in cases such as Citizens United and SpeechNow. According to Political Correction, between August 1st and October 29th, the ten biggest right-wing groups, many of which are backed by contributions by corporations and don’t publicly disclose their donors, have spent about $100 million to air 109,826 ads. Many of the conservative candidates and organizations have been employing false claims and polarizing smears in their ads meant to foment cultural divisions and discredit progressive legislation. Here are just a handful of the most outrageous and irresponsible ads used this election year:
The Right Wing has used the Park51 Community Center as a way to provoke fear, stoke divisions, and promote intolerance. The debate surrounding the community center has been riddled with attacks on religious freedom and baseless claims that the project’s organizers have ties to extremist groups, and the right has attempted to make the community center in Lower Manhattan an election issue in places like Iowa and North Carolina.
Renee Ellmers (Republican nominee, NC-02)
Anti-Health Care Reform
The recently passed health care reform law has been hammered by outside groups and conservative politicians with numerous dishonest and misleading attacks. Independent fact checkers have confirmed that the law does not use taxpayer funds to pay for abortion or drugs like Viagra for sex offenders. Other false and deceptive claims include allegations that the reform law establishes death panels, creates an army of IRS agents to arrest people without coverage, cuts Medicare benefits, and leads to the government takeover of the health care system.
Susan B. Anthony List & CitizenLink (Focus on the Family Action):
Conservative politicians are taking cues from the Right Wing Playbook on Immigration Reform by attempting to portray Latinos in America as violent criminals who threaten White Americans. While smearing Comprehensive Immigration Reform and the DREAM Act, such anti-immigrant ads unfairly depict Latinos as invaders, gangsters, and welfare-beneficiaries. Even Sharron Angle tried to distance herself from her campaign’s ads by claiming that they are not Latinos but could actually be “terrorists” from Canada.
Sharron Angle (Republican nominee, NV-SEN):
Sen. David Vitter (Republican nominee, LA-SEN):
Now that FEC rules allow political organizations to raise unlimited amounts of funds from individual and corporate donors, just a single individual or a handful of donors can finance their very own 527 Political Action Committee. But this is no longer a hypothetical matter as we are currently witnessing so-called Super PAC’s emerge with just one or a couple of wealthy donors. For example, the Concerned Taxpayers for America has spent close to a half a million dollars attacking incumbent Democratic Congressmen this election year. And according to FEC reports, it raised it’s $500,000 budget from just two donors:
Daniel G. Schuster Inc., an Owings Mills, Md., concrete firm, gave two donations to the group totaling $300,000, new disclosure records show. New York hedge fund executive Robert Mercer gave the group $200,000.
And that's the extent of the financial support reported by Concerned Taxpayers, which says it was formed in September "to engage citizens from every walk of life and political affiliation" in the fight against "runaway spending."
While the Concerned Taxpayers for America just has two individual donors, the 527 organization RightChange.com has only one. According to the Center for Responsive Politics, “Fred Eshelman, the chief executive officer of North Carolina-based pharmaceutical research firm Pharmaceutical Product Development” donated $3.38 million to RightChange.com, which is “almost the entirety of the money the group has raised this year.” So far, RightChange.com has spent $3 million in ads supporting Republicans and attacking their opponents in competitive House and Senate races across the country.
And if you don’t want to funnel your money into a 527, you can just spend the money as an individual directly. In Tennessee’s eighth congressional district, Robert Kirkland spent close to $1.5 million on an independent expenditure campaign supporting his brother Ronald Kirkland in the Republican primary. Unfortunately for him, Ronald Kirkland won less than 25% of the vote and lost to Christian singer and farmer Stephen Fincher.
As my colleague Paul recently pointed out, the trouble with voter fraud is not that voters are committing fraud – it’s that we’re constantly being told that voter fraud is a pervasive national problem when it simply isn’t. Paul notes that analysis after analysis has shown this to be true. The Right Wing uses this myth to downplay Democratic gains or keep Democrats away from the polls in the first place.
Here’s some more of what the Right Wing has been up to.
Minnesota. Last year, a group called Minnesota Majority alleged that 1,250 individuals in Hennepin County had committed voter fraud in the 2008 election. This past Tuesday, prosecutor Mike Freeman announced that only a small fraction – 47 – would be charged. And he added that there was no evidence of a coordinated campaign to commit fraud. It’s important to note that Minnesota Majority has admitted membership – but disputes claims of intimidation – in a coalition that Minnesota Congressman Keith Ellison condemned for hanging in plain view of students “posters showing a person in handcuffs, with the warning that ‘voter fraud is a felony.’”
Nevada. If you were to believe a recent fundraising letter from Cleta Mitchell, Counsel to Friends of Sharron Angle, you’d not only think that Harry Reid was committing voter fraud, but you’d think that he had lawlessly hijacked his entire campaign in order to outright steal the election from Angle. In response, Nevada Secretary of State Ross Miller cautions that such serious allegations must “contain specific information, not conjecture and rumor used in support of a plea for financial contributions, as the foundation of the violation.”
North Carolina. When poll watching is done right, it serves a very important purpose: root out wrongdoing and help well-intentioned voters make their voices heard. When it’s done wrong, it simply adds another layer of intimidation to the process. Wake County has been plagued by complaints from voters that Republican observers are doing just that. Alarmingly, “the offending observers have reportedly stood behind the registration table (where they're not allowed) and taken pictures of the license plates of voters using curbside voting (also illegal).”
The Right Wing has also taken their campaign online.
Fox News. Megyn Kelly recently disputed good faith efforts by the Department of Justice “to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted, without incidence of discrimination, intimidation or fraud.” DOJ isn’t doing its job, so Fox will. They’ve set up their very own email account – email@example.com – to field complaints.
American Majority Action. Not to be outdone, American Majority Action has released a voter fraud app that enables iPhone, BlackBerry, and Droid users to “defend our democracy and uphold credibility directly from your phone.”
On Wednesday night, the Senate left for recess without confirming a single one of the 23 judicial nominees who had been waiting for a vote, most of them for several months. The GOP blocked the majority of these nominees not because of ideology—19 were approved unanimously by the Judiciary Committee—but just for the sake of obstruction. President Obama responded yesterday with this letter to Senate leaders:
Dear Senator Reid, Senator McConnell, Senator Leahy, and Senator Sessions:
I write to express my concern with the pace of judicial confirmations in the United States Senate. Yesterday, the Senate recessed without confirming a single one of the 23 Federal judicial nominations pending on the Executive Calendar. The Federal judiciary and the American people it serves suffer the most from this unprecedented obstruction. One in eight seats on the Federal bench sits empty, and the Administrative Office of the U.S. Courts has declared that many of those vacancies constitute judicial emergencies. Despite the urgent and pressing need to fill these important posts, a minority of Senators has systematically and irresponsibly used procedural maneuvers to block or delay confirmation votes on judicial nominees – including nominees that have strong bipartisan support and the most distinguished records. The minority has even been blocking non-controversial nominees – a dramatic shift from past practice that could cause a crisis in the judiciary.
The Judiciary Committee has promptly considered my judicial nominees. Nonetheless, judicial confirmation rates in this Congress have reached an all-time low. At this point in the prior Administration (107th Congress), the Senate had confirmed 61% of the President’s judicial nominations. By contrast, the Senate has confirmed less than half of the judicial nominees it has received in my Administration. Nominees in the 107th Congress waited less than a month on the floor of the Senate before a vote on their confirmation. The men and women whom I have nominated who have been confirmed to the Courts of Appeals waited five times longer and those confirmed to the District Courts waited three times longer for final votes.
Right now, 23 judicial nominees await simple up-or-down votes. All of these nominees have the strongest backing from their home-state Senators – a fact that usually counsels in favor of swift confirmation, rather than delay. Sixteen of those men and women received unanimous support in the Judiciary Committee. Nearly half of the nominees on the floor were selected for seats that have gone without judges for anywhere between 200 and 1,600 days. But despite these compelling circumstances, and the distinguished careers led by these candidates, these nominations have been blocked.
Judge Albert Diaz, the well-respected state court judge I nominated to the U.S. Court of Appeals for the Fourth Circuit, has waited 245 days for an up-or-down vote – more than 8 months. Before becoming a judge, Diaz served for over 10 years in the United States Marine Corps as an attorney and military judge. If confirmed, he would be the first Hispanic to sit on the Fourth Circuit. The seat to which he was nominated has been declared a judicial emergency. Judge Diaz has the strong support of both of North Carolina’s Senators. Senator Burr has publicly advocated for Judge Diaz to get a final vote by the Senate. And just before the August recess, Senator Hagan went to the floor of the Senate to ask for an up-or-down vote for Judge Diaz. Her request was denied.
We are seeing in this case what we have seen in all too many others: resistance to highly qualified candidates who, if put to a vote, would be unanimously confirmed, or confirmed with virtually no opposition. For example, Judge Beverly Martin waited 132 days for a floor vote – despite being strongly backed by both of Georgia’s Republican Senators. When the Senate finally held a vote, she was confirmed to the Eleventh Circuit unanimously. Jane Stranch was recently confirmed by an overwhelming majority of the Senate, after waiting almost 300 days for a final vote. Even District Court nominees have waited 3 or more months for confirmation votes – only to be confirmed unanimously.
Proceeding this way will put our judiciary on a dangerous course, as the Department of Justice projects that fully half of the Federal judiciary will be vacant by 2020 if we continue on the current pace of judicial confirmations. The real harm of this political game-playing falls on the American people, who turn to the courts for justice. By denying these nominees a simple up-or- down vote, the Republican leadership is undermining the ability of our courts to deliver justice to those in need. All Americans depend on having well-qualified men and women on the bench to resolve important legal matters – from working mothers seeking timely compensation for their employment discrimination claims to communities hoping for swift punishment for perpetrators of crimes to small business owners seeking protection from unfair and anticompetitive practices.
As a former Senator, I have the greatest respect for the Senate’s role in providing advice and consent on judicial nominations. If there is a genuine concern about the qualifications of judicial nominees, that is a debate I welcome. But the consistent refusal to move promptly to have that debate, or to confirm even those nominees with broad, bipartisan support, does a disservice to the greatest traditions of this body and the American people it serves. In the 107th Congress, the Judiciary Committee reported 100 judicial nominees, and all of them were confirmed by the Senate before the end of that Congress. I urge the Senate to similarly consider and confirm my judicial nominees.
Back in June, President Obama made a similar plea in a meeting with Senate GOP leaders, but apparently bipartisan cooperation on something as straight-forward as filling seats in the judiciary wasn’t on their list of priorities.
(I also want to point out that while the GOP is holding up most of the 23 stalled nominees for absolutely no reason, there are a handful of nominees who certain GOP senators actively oppose. We’ve explored some of the reasons for this opposition here and here and here.)
To borrow from Bill Maher, I'm going to go ahead and make my own "New Rule."
NEW RULE: Republicans and right-wing activists cannot get breathlessly indignant every time someone calls them out for racism while actively promoting vile Islamophobic hate speech.
Here is the latest campaign ad from Renee Ellmers, a Sarah Palin-backed candidate for Congress in North Carolina:
This ad looks more like something you'd get from a Grand Wizard than a "Mama Grizzly." It's excruciatingly clear that the religious persecution of Muslims is heavily loaded with racism. The Right's continued use of Muslims as their convenient political punching bags casts them as "other," foreign, not American and certainly not white. Let me be clear: bigotry based purely on religion is unacceptable on its own, but if anyone can say with a straight face that this latest wave of vicious Islamohphobia is not a clear cut example of racism, that person is not living in reality. The fact that mainstream society and the media somehow tolerate this is a scary statement about where we are as a country in our current political climate.
Last month, Republican senators turned to a surprising strategy in their questioning of Supreme Court nominee (and now Supreme Court Justice) Elena Kagan. They attempted to smear Kagan by connecting her with a figure who most of us don’t see as a liability—the revered civil rights leader Justice Thurgood Marshall. The attacks Senators Charles Grassley, Jon Kyl, and Jeff Sessions levied at Marshall rang a bell for former NAACP member and People For board member Julian Bond. Bond writes in today’s Des Moines Register:
These attacks didn't surprise me because they're completely consistent with a party locked in the past, echoing the anti-civil rights message of those who opposed Justice Marshall's own confirmation in 1967.
Grassley, Sessions and their fellow Republicans roasted Solicitor General Kagan with the same attacks used against Marshall four decades earlier. Then, the late Sen. Sam Ervin of North Carolina complained about the likelihood that Marshall would be "a judicial activist," which he defined as someone "unable to exercise the self-restraint which is inherent in the judicial process when it is properly understood and applied, and who is willing to add to the Constitution things that are not in it and to subtract from the Constitution things which are in it."
When Ervin spoke of adding rights to the Constitution, there was no doubt that he was referring to the court's ruling in Brown v. Board of Education, which he had fervently opposed. Ervin went on to join with 10 other southern Senators in voting against Marshall's confirmation.
Faced with the inevitable backlash for their attacks, today’s senators have tried to equivocate by saying they have no problem with Justice Marshall, just with his “judicial philosophy.” As Bond makes clear, that’s not a new—or convincing--argument.
For a refresher, take a look at the compilation of Marshall attacks Talking Points Memo put together after the first day of the Kagan hearings:
As the Senate prepares to vote this week on the Supreme Court confirmation of Elena Kagan, there is also reportedly a deal in the works to finally confirm dozens of the executive branch and judicial nominees who have been waiting—many of them for months—for votes on the Senate floor.
After seeing only two nominees confirmed during July, Majority Leader Harry Reid, D-Nev., and Minority Leader Mitch McConnell, R-Ky., are discussing terms for advancing at least some of the 84 nominations awaiting floor votes, aides said Monday. “We have a number of nominations that we’re looking at,” said Reid.
But some of the more controversial nominees are unlikely to be confirmed before the Senate returns in mid-September, if then. That may tempt Obama to use recess appointments to fill those vacancies at least temporarily — unless the White House agrees to pass up the opportunity to make recess appointments in exchange for Senate action on some nominees this week.
It’s about time that the Senate gets around to clearing the nominations backlog. But voting on nominees that were reported months ago without any opposition is no great concession by the Republican minority. It’s time to end the charade and the gamesmanship.
Take for example North Carolina judge Albert Wynn, whose nomination to fill a long-vacant seat on the Fourt Circuit Court of Appeals was approved by the Judiciary Committee in an 18-1 vote six months ago, and has been held up by GOP leadership ever since. David Savage at the Los Angeles Times describes the holdup of Wynn’s nomination as part of a political battle similar to “an old family feud”:
The GOP leader had no objection to Wynn. Instead, he said, he was getting back at Democrats who had blocked President George W. Bush's nominees to the same court. "My perspective on the 4th Circuit covers a little longer period of time," McConnell said.
The Senate's dispute over judicial nominees resembles a family feud that stretches over several generations. Judges are being opposed not because of their records, but because of what happened several years earlier to other nominees. Use of the filibuster rule, which the GOP had insisted was unconstitutional several years ago, has become a routine stalling tactic.
If confirmed, Wynn would fill a North Carolina seat on the 4th Circuit that has been vacant since 1994.
Let’s have a vote on James Wynn. Or let’s have a vote on Jane Stranch of Tennessee, nominated to fill a seat on the Sixth Circuit, who has the support of both of her home state Republican Senators. And let’s have a vote on Goodwin Liu, nominated for a seat on the Ninth Circuit, who has endorsements from across the ideological spectrum, including Clint Bolick and Ken Starr.
The debate over judicial nominations has become not about qualifications or the law, or about the urgent needs of the justice system, but about political game-playing. It’s great that the GOP has finally agreed to confirm some nominees who they never objected to in the first place. Maybe now they can move on to having a substantive debate on those, like Wynn, Stranch, and Liu, against whom they continue to use every passive-aggressive rule of Senate procedure.
Nine Democratic senators went to the Senate floor today to call for up-or-down votes on the confirmation of 20 federal judicial nominees, many of whom have been waiting months to be confirmed and several of whom passed out of the Judiciary Committee with little or no opposition from members of either party. The Senators who spoke on the floor today included Mark Udall (CO), Michael Bennet (CO), Amy Klobuchar (MN), Herb Kohl (WI), Sheldon Whitehouse (RI), Jack Reed (RI), Ben Cardin (MD), Tom Carper (DE), and Ted Kaufman (DE).
The explanation from Senator Sen. Jeff Sessions, one of the architects of the obstruction? "Things do not always go as smoothly as you would like."
Among the nominees Democratic senators sought votes on were several whose nomination sagas we've been following. There were Albert Diaz and James Wynn of North Carolina who would be be, respectively, the first Latino and fourth African American appointed to the Fourth Circuit Court of Appeals (and who garnered one no vote between the two of them in committee). There was John McConnell of Rhode Island, who has come under attack from the powerful lobbyists at the Chamber of Commerce because of his record of defending consumers in suits against large manufacturers. There was William Joseph Martinez, the Colorado judge who has come under attack for having sat on an advisory panel for the ACLU.
And then there was Goodwin Liu. Sen. Ben Cardin told a Netroots Nation panel last week that Liu's hearing with the Judiciary Committee was "one of the most impressive confirmation hearings we've ever had." Richard Painter, who served as a lawyer in the Bush White House, called him "a fine choice for the federal bench." Yet, inexplicably, Liu, a law professor at Berkeley who is respected by legal scholars across the political spectrum, has become a flash point for Republican obstruction.
It's time for the Senate GOP to stop stalling votes on these critical nominations and come clean about their true priorities for the courts.
Many thanks to the Senators who took to the floor today to shine a spotlight on this unprecedented and senseless obstruction.
Some conservatives are still trying to argue that the Supreme Court is in danger of being overrun by “liberal activists.” But an article in Sunday’s New York Times, entitled “Court Under Roberts Is Most Conservative In Decades,” presented data from political scientists that pretty conclusively showed a conservative, not a liberal, ideology entrenched in the highest court.
One piece of data really stood out to me:
Four of the six most conservative justices of the 44 who have sat on the court since 1937 are serving now: Chief Justice Roberts and Justices Alito, Antonin Scalia and, most conservative of all, Clarence Thomas. (The other two were Chief Justices Burger and Rehnquist.) Justice Anthony M. Kennedy, the swing justice on the current court, is in the top 10.
That’s right: the current “swing” justice is considered one of the ten most conservative judges of the past 70 years. Centrist justices are in some ways even more important than the Court’s ideologues or even chief justices. As the Times article notes, the court’s most extreme shift to the right occurred when Justice O’Connor was replaced with the much more conservative Justice Alito:
By the end of her almost quarter-century on the court, Justice O’Connor was without question the justice who controlled the result in ideologically divided cases. “
On virtually all conceptual and empirical definitions, O’Connor is the court’s center — the median, the key, the critical and the swing justice,” Andrew D. Martin and two colleagues wrote in a study published in 2005 in The North Carolina Law Review shortly before Justice O’Connor’s retirement.
With Justice Alito joining the court’s more conservative wing, Justice Kennedy has now unambiguously taken on the role of the justice at the center of the court, and the ideological daylight between him and Justice O’Connor is a measure of the Roberts court’s shift to the right.
The statistics back up a right wing trend on the Supreme Court that has been hard to ignore. Since Alito joined the Court, it has made startling decision after startling decision, including overturning democratically enacted restrictions on corporate spending in Citizens United v FEC, and defending discrimination against women in the workplace in Ledbetter v Goodyear.
Just one justice can make the difference between democratically enacted campaign finance laws and unlimited corporate spending in elections; between employment discrimination laws that work for employees and those that work for employers; between our democracy holding corporations accountable and corporations owning our democracy.
All of which is why, when we talk about presidents and senators, we have to talk about the Court.
Yesterday, Sen. Kay Hagan of North Carolina tried to convince the Senate to confirm two appeals court nominees from her state. The two nominees, Judges James Wynn and Albert Diaz, have no controversial baggage--each received near-unanimous bipartisan support from the Judiciary Committee.
The confirmation of Wynn and Diaz would also contribute to the Obama Administration’s effort to add diversity to a woefully un-diverse court system. Diaz would be the first Latino appointed to the Fourth Circuit, Wynn the fourth African American.
Wynn and Diaz have both been waiting 169 days—over five months— for a Senate vote.
But none other than Minority Leader Mitch McConnell took to the floor yesterday to block a vote on the two nominees. He freely admitted that his action had nothing to do with Wynn and Diaz themselves, but was rather a purely political retaliation against the president’s recess appointment of a Medicare and Medicaid administrator. That appointment was not only unrelated to Wynn and Diaz, but came after the two nominees had already been stalled for months on the Senate floor.
Watch the video of Hagan’s and McConnell’s exchange:
Using judicial nominees as political pawns—thereby leaving important vacancies in courts throughout the country and stalling efforts to put judges with diverse background on the bench—is a tactic that the Republican minority has been using with zeal.
We’ve been collecting statistics on Republican efforts to keep qualified judges from starting their jobs. Here’s the latest update:
Nominees waiting for confirmation: 21
Nominees who have been waiting for more than 90 days: 18
Average number of days since nominated: 161 (200 for circuit court nominees)
Average number of days waiting for a Senate floor vote: 90 (111 for circuit court nominees)
During protests against health care reform, anti-health care activists used racial and homophobic slurs against members of Congress, and one protester was arrested for spitting on Congressman John Lewis of Georgia.
Right Wing leaders have attempted to distance themselves from the incidents, but their denials would be more convincing if inflaming racial resentment weren't such a central strategy in their campaign against President Obama and his agenda.
As People For the American Way reported in "Right Wing Watch In Focus -- Right Plays the Race Card," incendiary racial rhetoric has long been a part of the Right's crusade against health care:
At first glance, health care reform would not seem as likely an issue for racial wedge politics. But racially charged arguments have been made alongside the by-now familiar charges of government takeovers, socialism, fascism, and death panels. Investors Business Daily and Fox Nation teamed up to portray health care reform as "affirmative action on steroids" and to suggest that reform is actually a back-door way to implement reparations for slavery:
The racial grievance industry under health care reform could be calling the shots in the emergency room, the operating room, the medical room, even medical school. As Terence Jeffrey, editor at large of Human Events puts it, not only our wealth, but also our health will be redistributed.
At the recent How to Take Back America conference organized by far-right doyenne Phyllis Schlafly and her heir-apparent,right-wing radio host and activist Janet Folger Porter, a panelist attacked health care reform saying it would amount to a reenactment of slavery by our first black president, this time with doctors being enslaved. Bishop Harry Jackson, the Religious Right's favorite African American minister, has denounced health care reform proposals that he claims would divert health care resources from wealthier to poorer Americans as "reverse classism."
Two academics, Marc Hetherington of Vanderbilt University and Jonathan Weiler of the University of North Carolina at Chapel Hill, recently found an "extraordinarily strong correlation between racial resentment of blacks and opposition to health care reform," a relationship that did not exist during the Clinton health care debate.
If the GOP and the Right Wing want to be able to credibly disavow racism, they should stop associating so closely with those who peddle it.
A must read, today’s E.J. Dionne column in the Washington Post “The Real Town Hall Story,” recounts a side of the town halls that was missing from television news coverage: that the “highly publicized screamers represented only a fraction of public opinion” and “most of the town halls were populated by citizens who respectfully but firmly expressed a mixture of support, concern and doubt.”
According to the Dionne, many television networks have sent stringers to scout boisterous and hostile town halls:
The most disturbing account came from Rep. David Price of North Carolina, who spoke with a stringer for one of the television networks at a large town-hall meeting he held in Durham.
The stringer said he was one of 10 people around the country assigned to watch such encounters. Price said he was told flatly: "Your meeting doesn't get covered unless it blows up." As it happens, the Durham audience was broadly sympathetic to reform efforts. No "news" there.
Virginia Rep. Tom Perriello (D), who represents the district formerly held by conservative Virgil Goode for more than a decade, described three different groups that he’s encountered in his 17 townhalls:
When I reached Rep. Tom Perriello last week, he divided the crowds at the 17 town halls he had held to that point in his largely rural Virginia district into three groups: conservatives, for whom the health-care battle is "about big government, socialism and all that"; the left, for whom "it's about corporate accountability"; and a "middle" for whom "it's about health care costs" and the problems with their coverage.
But the only citizens who commanded widespread media coverage last month were the right-wingers. And I bet you thought the media were “liberal.”
Have you looked at the news coverage of the health care debate and wondered where are the ordinary Americans in town hall meetings who support health care reform? They’re in the cities and suburbs, and rural America too. Or maybe you’ve been to a town hall meeting, and prepared yourself for loud, angry, violent opposition only to find reasonable voices on both sides of the debate willing to hear what their representatives had to say. Unfortunately, the media has ignored those voices in favor of tabloid TV.