On Monday, the Senate will hold a cloture vote to end the filibuster of Robert Bacharach to the Tenth Circuit Court of Appeals. This filibuster is just the latest example of the destructive obstruction of judicial nominees that Republicans have engaged in from the very start of the Obama presidency.
In fact, if this filibuster succeeds, it will be the first time there has ever been a successful filibuster of a circuit court nominee who was approved in committee with bipartisan support.
Bacharach, who hails from Oklahoma, is extraordinarily well qualified to be a circuit court judge. The ABA panel that evaluates judicial nominees unanimously gave him their highest possible rating, "well qualified." He has been a magistrate judge in the Western District of Oklahoma for over a decade, giving him substantial experience with the criminal and civil legal issues he would face as a circuit court judge.
Much of Oklahoma's legal establishment has publicly supported his nomination: the Chief Judge for the Western District of Oklahoma; the Oklahoma Bar Association; the Dean of the University of Oklahoma College of Law; the General Counsel at Oklahoma City University; the Dean Emeritus at Oklahoma City University School of Law; the President of the Oklahoma County Bar Association; fellow members of the Federal Bar Association; and attorneys who worked closely with him while he was in private practice.
Bacharach also has strong bipartisan support. He has the support of President Obama and both of Oklahoma's Republican senators. In addition, he was approved by the Judiciary Committee nearly unanimously, with only Sen. Lee voting no (for reasons unrelated to the nominee). Sen. Coburn has said it would be "stupid" for his party to block a floor vote on Bacharach.
Last month, Senate Minority Leader Mitch McConnell announced that his party would refuse to consent to any further confirmation votes for circuit court nominees, purportedly because it is an election year. He cited the so-called "Thurmond Rule," which he mischaracterized as a practice of not allowing any judicial confirmation votes as we approach a presidential election. In reality, it is not a "rule" at all. Instead, it is the name for the general principle that the party not in the White House will sometimes slow confirmation of controversial judicial nominees at some point in the months leading up to a presidential election. It has nothing to do with consensus nominees like Bacharach.
In fact, as noted above, a successful filibuster of Bacharach would be the first time there has ever been a successful filibuster of a circuit court nominee who was approved in committee with bipartisan support. That is hardly consistent with Senate history or practice.
But it would be consistent with Republican efforts to obstruct President Obama's judicial nominees regardless of their qualifications, regardless of their strong bipartisan support, and regardless of the damage the obstruction inflicts on the American people. After years of calling filibusters of President Bush's judicial nominees unconstitutional, Senate Republicans turned around and filibustered President Obama's very first judicial nominee (David Hamilton, to the Seventh Circuit). This year, most of the circuit court nominees who have been confirmed have required a cloture vote to break Republican filibusters.
Republican efforts to filibuster Robert Bacharach are completely unjustified, but are also no surprise.
Last week, the San Francisco Giants became the first major league sports team to make a video for the It Gets Better Project, and already, other teams are following suit. 35-year-old Sean Chapin, tired of hearing all the negative press about Kobe Bryant’s anti-gay slur, started a Change.org petition asking the Californian baseball team to send out some positive messages to the LGBT community.
Soon after the Giants’ video was released, 12-year-old Sam Maden started his own Change.org petition asking his favorite baseball team, the Boston Red Sox, to do likewise. Within a few days, his petition had over 10,000 signatures, and the Red Sox agreed to make the video. The Chicago Cubs have also announced plans to make an It Gets Better video, and countless other sports teams have Change.org petitions demanding them to join the movement. It started out primarily with MLB teams, but these petitions are no longer limited just to baseball, nor just to American teams. The Cincinnati Bengals (NFL), Oklahoma City Thunder (NBA), and even Manchester United (UEFA) are among the many teams whose fans are asking them to make It Gets Better videos. People for the American Way applauds the sports teams participating in the It Gets Better Project, as well as the thousands of fans urging their teams to step up to the plate and publicly speak out against anti-gay bullying.
Republicans in Congress have finally backed down and have stopped blocking a bill to provide health care to 9/11 first responders.
It seems that one factor in the GOP’s giving in on the bill is that the right-wing media for once did not unquestioningly buy its talking points. The New York Times reports:
Headlines in normally conservative news outlets blasted Republicans. Newsmaxx.com wrote, “Giuliani Raps Fellow Republicans for Holding Up 9/11 Heroes Money.” The Fox News host Shepard Smith drew attention to Senator Tom Coburn of Oklahoma, who has said he will try to block the legislation.
“He is the man who is vowing to slow this down or block it, so the necessary funding for the illnesses of the first responders who made it to ground zero to try to save lives on the day that America changed — remember?” Mr. Smith said during his broadcast Tuesday. “This is the senator who is vowing to block it so that it doesn’t make it through.”
On Wednesday morning, the MSNBC host Joe Scarborough, a former Republican congressman, called the G.O.P.’s opposition to the bill “a terrible mistake” for the party.
“It’s a terrible, terrible mistake to be seen as opposing relief for 9/11 heroes,” he said. “This is one of those times when you get so wrapped up in the game that you forget to look and see what’s happening. Here, the Republicans, whether they know it or not, look horrible.”
Think Progress reported last week that the U.S. Chamber of Commerce had lobbied against the bill because it opposed the method of funding it—closing a tax loophole for foreign corporations. When Sen. Kirsten Gillibrand changed the mechanism for funding the bill to a 2% excise tax on some foreign companies, the Chamber still opposed it.
The debate over the 9/11 bill may be so stunning because it perfectly crystallizes the choice that the far right wing of the GOP makes again and again—given the choice between the profits of corporations and the welfare of individuals, they fight for the corporations. It’s no surprise that people across the political spectrum were upset by the GOP’s opposition to a bill that should have been a no-brainer. But the logical pattern that their opposition to the bill took is nothing new.
|The Daily Show With Jon Stewart||Mon - Thurs 11p / 10c|
|I Give Up - 9/11 Responders Bill|
You can imagine our delight here at People For when we finally made it on to Glenn Beck’s infamous conspiracy theory-promoting blackboard last night. You can watch the clip here:
Note that, contrary to Beck’s assertions, People For the American Way is not a 501c(3) group…and, moreover, 501(c)3 groups like People For the American Way Foundation are not allowed to participate in partisan political activity at all.
Beck is gradually expanding the reach of his broad conspiracy involving progressive groups to include as many as possible, it seems. But we’d like to think that our inclusion has something to do with the petition campaign People For and Media Matters have launched urging Fox News advertisers to drop their support of the network—because they are indirectly subsidizing Beck.
Beck, of course, has every right to criticize progressive groups on the air. But his rhetoric frequently verges on violent, and has led, on more than one occasion, to actual or attempted violence against those involved in the progressive movement.
Sign People For and Media Matters' Drop Fox petition here.
And read the full letter Tides Foundation CEO Drummond Pike sent to Fox advertisers last month after he was the victim of a Beck-inspired assassination attempt:
Dear Fox Advertiser,
I am writing to ask your company to take a simple step that may well save lives in the future. And it is not unimportant that taking this action will remove your company and its products from any connection to what could very likely be an unpleasant tragedy, should things remain as they are today. On behalf of my organization, and many others like it, I ask that you cease advertising on the Fox News Channel.
This is neither a hollow request, nor one rhetorically made. There is an urgency to it born of our own direct experience as the target of a would-be assassin inspired by Fox's Glenn Beck Show.
On July 19th of this year, I arrived at our San Francisco office to learn that a misguided person carrying numerous guns and body armor had been on his way to start a "revolution" by murdering my colleagues and me. The Oakland Police Department called to tell us that, following a 12 minute shootout with the California Highway Patrol, law enforcement officials arrested an assailant who had targeted the Tides Foundation, an organization which I founded and currently serve as CEO, and the ACLU for violence. To say we were "shocked" does not adequately describe our reaction. Imagine, for a moment, that you were us and, had it not been for a sharp eyed highway patrolman, a heavily armed man in full body armor would have made it to your office with the intent to kill you and your colleagues. His motive? Apparently, it was because the charitable, nonpartisan programs we run are deemed part of a conspiracy to undermine America and the capitalist system, which is hogwash.
Although not a political organization, the Tides Foundation has been a frequent target of misinformation, propaganda, and outright lies by Fox News' Glenn Beck. Since his arrival at Fox in early 2009, Beck has repeatedly vilified Tides, suggesting we are intent on "creat[ing] a mass organization to seize power." He accuses the foundation of indoctrination and says we are "involved in some of the nastiest of the nasty." Beck tells viewers that Tides has "funneled" money to "some of the most extreme groups on the left" and that our mission is to "warp your children's brains and make sure they know how evil capitalism is." In total, prior to the attempted rampage, Beck had attacked the Tides Foundation 29 times. On September 28th, more than a month after the shooting, Beck reiterated his focus on the Tides Foundation, warning, "I'm coming for you." In jailhouse interviews, the gunman confessed he views Beck as a "schoolteacher" who "blew my mind." My would-be killer admitted that Beck "give[s] you every ounce of evidence you could possibly need" to commit violence.
Beck is a self-described "Progressive Hunter" who relies on violent rhetoric. Do you really think that the millions of Americans who describe themselves as "progressive" need to be "hunted down"? If so, to what end?
For hours every day on radio and television, Beck pits American against American, telling his audience that our country is under attack by a demonic Nazi-like regime seeking to destroy all that is great about America while insisting it's up to his viewers to resist and revolt. He warned his audience that "these are the most dangerous two years of our republic. Because in the end, in revolutions, the real dangerous killers show up." Beck even compared our government to vampires while instructing his viewers to "drive a stake through the heart of the bloodsuckers" and pretended to poison Speaker Pelosi on television. A few months later, Gregory Giusti was arrested for repeatedly threatening House Speaker Nancy Pelosi -- including threatening to destroy her home -- because he was upset over health care reform. The man's mother told a local news station he listens to those with "really radical ideas," adding, "I'd say Fox News or all of those that are really radical."
When I started the Tides organizations 35 years ago, I did so in the very American belief that ordinary citizens had a role to play in our democratic process. It was, I thought, the responsibility of everyone to become engaged in our civic life, and for years we've worked with thousands of Americans to do just that. And, while we support progressive values and goals, we respect the rights and voices of those with whom we disagree on issues. Never in our history have we tolerated employees or grantees that support those who would do harm to others. By supporting Fox News Channel, you and your company are risking your reputation and good standing because they are doing just this.
As you may know, a coordinated advertiser boycott by Media Matters and Color of Change, an online civil rights group, has caused Glenn Beck's Fox News show to lose over 100 sponsors. Despite the campaign's success, Fox insists it has had no impact on the channel's profitability because the overall demand for advertisements on Fox has remained stable. Companies are still paying to advertise on Fox News, but their ads are simply moved to a different time of day. Thus, businesses that pay to broadcast commercials on Fox News are subsidizing Glenn Beck's television show by continuing to pump money into the network. It has become clear that the only way to stop supporting Beck is to stop supporting Fox News.
I respectfully request that you bring this matter of your company's sponsorship of hate speech leading to violence to the attention of your fellow directors as soon as possible. I believe no responsible company should advertise on Fox News due to its recent and on-going deplorable conduct.
While we may agree to disagree about the role our citizens and our government should play in promoting social justice and the common good, there should be no disagreement about what constitutes integrity and professionalism and responsibility in discourse – even when allowing for and encouraging contending diverse opinions intelligently argued. This is not a partisan issue. It's an American issue. No one, left, right or center, wants to see another Oklahoma City.
The next "assassin" may succeed, and if so, there will be blood on many hands. The choice is yours. Please join my call to do the right thing in this regard and put Fox News at arm's length from your company by halting your advertising with them.
CEO and Founder, Tides
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:
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.
Republican obstructionism found another victim today in the senate: a bipartisan bill to sell unused land for the construction of the National Women’s History Museum has been held up in the Senate. Senators Jim DeMint (R-SC) and Tom Coburn (R-OK) have both placed holds on the bill that would sell land near the Smithsonian to the private group planning the Women’s Museum. Unless the holds are withdrawn, the Senate must go through the protracted process of holding a cloture vote, which requires the support of 60 Senators.
Even though all the preparations and finances for the museum would be privately funded, the two Republican Senators found their personal problems with the Museum to be so egregious that they are delaying the Senate’s ability to vote on the land deal. Senator DeMint, who is the head of the Senate Conservatives Fund and driving the GOP even farther to the right, believes that the Museum will be used to advance abortion-rights. Despite claims from the Museum organizers that the Museum does not intend to discuss the abortion issue, the far-right group Concerned Women for America is baselessly charging that the Museum will be biased towards the choice-activists. Of course, no one should have expected any less from DeMint, who most recently claimed that “this idea that government has to do something is not a good idea” and promised to “block all legislation that has not been cleared by his office in the final days.”
Oklahoma’s Senator Coburn’s reasons are more personal: he just doesn’t like the idea.
Gail Collins in the New York Times writes:
Coburn’s office said the senator was concerned that taxpayers might be asked to chip in later and also felt that the museum was unnecessary since “it duplicates more than 100 existing entities that have a similar mission.”
The office sent me a list of the entities in question. They include the Quilters Hall of Fame in Indiana, the National Cowgirl Museum and Hall of Fame in Texas and the Hulda Klager Lilac Gardens in Washington.
There also were a number of homes of famous women and some fine small collections of exhibits about a particular locality or subject. But, really, Senator Coburn’s list pretty much proved the point that this country really needs one great museum that can chart the whole, big amazing story.
Neither Senator has a sound record on women’s issues to begin with: both support a sweeping criminalization of abortion, and Coburn even said: “I favor the death penalty for abortionists.” DeMint wants unmarried pregnant women to be banned from teaching in public schools.
But due to the combination of unprecedented Republican obstructionism with opposition to women’s rights, the National Women’s History Museum may have to wait for quite some time for the bill to get an up-or-down vote in the Senate.