One of the most absurd things to come out of American politics in recent months is the allegation that the president’s proposal to raise taxes on the wealthiest Americans – bringing them back to the levels they enjoyed under Clinton -- amounts to “class warfare.”
In the Huffington Post last week, PFAW’s Michael Keegan called the GOP’s renewed cries of “class warfare” both “ironic and cynical.”
If you want to see what class warfare really looks like, you need look no further than Texas, where a group of oil companies has successfully lobbied to have a government panel re-examine a very large tax break that they were previously denied, and are now on the verge of receiving a $135 million gift from the state. Who’s paying for that gift? Public schools.
Here’s how the oil companies, led by Valero, are wrangling the refund from the Texas Commission on Environmental Quality, according to the AP:
Valero first asked for the refund for six of its refineries in 2007, and wants payment retroactive to that year. Since then, at least four other companies have asked for the same retroactive refund.
Valero argues the units should be exempt under a Texas law that says industrial plants don't have to pay taxes on equipment purchased to reduce on-site pollution. The law saves companies millions, and is meant to encourage investment in new technology.
At first, the request was denied. The commission's staff said the hydrotreaters reduce pollution in diesel and gas, not necessarily at the plant. In fact, staff said, the hydrotreaters actually increased sulfur dioxide pollution near the refineries because the toxic gas is now burned off in a flare.
Valero appealed, and the panel's chairman, Bryan Shaw, said last April that the Legislature likely intended a broader interpretation of the law. He instructed his staff to research whether they could award partial exemptions to Valero. Shaw declined to be interviewed for this story, saying it could present a conflict because the issue will be brought before him again.
Shaw, the environmental commissioner who encouraged the panel to take a new look at the oil company tax refund, was hand-picked for his post by Gov. Rick Perry. He’s an odd choice to head an environmental quality panel – as Mother Jones reported last week, he’s a climate change skeptic who has a long history of siding with industry over environmental groups.
But Gov. Perry’s ties to the oil industry run deep – since 1998, he’s raked in $11 million in campaign contributions from oil and gas companies, including $147,895 from Valero, the company that’s leading the effort to get the $135 million tax refund.
While oil companies enjoy expensive access to the governor and an ally at the top of one of the committees charged with holding them accountable, it’s the state’s children who are breathing polluted air and whose schools are being asked to pay for new corporate tax breaks. From AP:
Now, the AP's analysis shows, the Pasadena Independent School District may have to refund $11.3 million to two refineries if commissioners grant the request.
Early Monday, Gonzales and others handed out fliers, collected petition signatures and offered $10,000 cookies and brownies at a mock "bake sale" designed to raise awareness about the money at stake. Eight Houston schools planned similar mock sales for later in the day.
The mom-turned-activist said she learned about the refineries' requests while unsuccessfully lobbying earlier this year to convince Perry and the Legislature to dip into the state's so-called rainy day fund to ease cuts to the schools.
Gonzales lives near a miles-long stretch of refineries, where massive pipes and stacks light the night like skyscrapers do in other cities. An intense, burnt chemical scent hangs over the town.
"You smell it. That's what we're known for. Stinkadena because of the refineries," Gonzales said. "There are days when we can't go out because our children's asthma is that bad ... and then they want money back?"
Is it the American Way to make the children of undocumented immigrants live as second-class citizens?
The question came up in last night’s GOP presidential debate, when Texas Gov. Rick Perry was asked about the policy in his state allowing some undocumented immigrants to pay in-state tuition at state universities. “It doesn’t make any difference what the sound of your last name is, that is the American way,” Perry said. “No matter how you got in to that state, from the standpoint of your parents brought you there or what have you, and that’s what we’ve done in the state of Texas, and I’m proud that we are having those individuals being contributing members of our society, rather than telling them ‘you’re gonna be on the government dole.’”
Perry was met with boos from the crowd.
Rep. Michele Bachmann equated the Texas law to the federal DREAM Act (which is much broader and which Perry also opposes), saying, “I think that the American way is not to give taxpayer-subsidized benefits to people who have broken our laws who are here in the United States illegally. That is not the American way.”
Perry is right that it’s not the American Way to punish children for the actions of their parents, which is why it’s odd that he’s against the federal DREAM Act, which would pave a path to citizenship for children who came into the country illegally who go to college or join the military. Perry seems to be trying to score “moderate” points for sticking up for his sensible policy in Texas, while having exactly the same view as Bachmann on a federal policy to achieve some of the same goals.
Watch the exchange:
The Austin Chronicle has set up a new Twitter account devoted exclusively to digging up old stories on the shenanigans of Texas Gov. Rick Perry. They’ve pulled up some good stuff, including this story from last year on the governor’s involvement in shutting a planned student production of a controversial play at Texas’ Tarleton State University.
The play in question was Terrence McNally’s Corpus Christi, which provoked a furor from Religious Right groups when it was first released in 1998 because of its depiction of a gay Christ. The production was canceled after the playwright and theater staff received death threats, but it was later reinstated – with metal detectors at the door. People For the American Way Foundation was among the groups defending the right of the play to be put on in peace at the time, staging "A Quiet Walk for the First Amendment" in front of the theater on opening night.
How times have not changed. When a student at Tarleton State started working on a production of Corpus Christi last year, he ran up against opposition from none other than Texas’ Lieutenant Governor, David Dewhurst. Dewhurst issued a press release attacking the student production as a “lewd display” and “morally reprehensible to the vast majority of Americans.” The backlash unleashed by Dewhurst’s statement was so strong that the professor in charge of the show ultimately decided to cancel it and three other student productions because of “safety and security concerns for the students.”
While Perry’s deputy was the public face of the opposition to the show, the Chronicle dug up a tidbit from the Texas GOP website that made it clear that the governor himself was not only aware of but also involved in the censorship effort:
In a "thank you" note on the Texas GOP Vote website, Conservative Republicans of Texas President Steve Hotze gives credit (a-hem) to Dewhurst for his moment of censoriousness, but then adds this interesting little factoid:
We also owe a debt of gratitude to Governor Perry for his behind the scenes work to stop the play at Tarleton State. Ray Sullivan, the Governor’s Chief of Staff, was notified of the play on Thursday and after discussing it with the Governor, the necessary steps were taken to ensure that its performance was canceled.
This all brings to mind the GOP’s latest successful censorship attempt, targeting a recent exhibition about gays and lesbians in American Art at the National Portrait Gallery. Like the criticism of Corpus Christi, the criticism of the exhibit centered on both its acknowledgement of gay people and on a depiction of Christ that some on the Religious Right found objectionable. The groups targeting the exhibit were led by the far-right Catholic League, which also, not coincidently, was a leader in the fight against the original production of Corpus Christi.
The success of Religious Right censorship campaigns depends, in a large part, on the willingness of elected officials to play along. In the 1980s and 1990s, Jesse Helms took on the role of censorship champion. In the most recent Smithsonian scandal, John Boehner and Eric Cantor were more than willing to echo the complaints of far-right groups like the Catholic League. And if Perry’s involvement in the Tarleton Corpus Christi incident is any indication, if he were president he would be happy to lend his hand to similar efforts.
Texas Gov. Rick Perry raised eyebrows yesterday when, while campaigning in South Carolina, he likened the struggles of corporations resisting paying their fair share in taxes to the civil rights movement. When told that he was visiting a town where civil rights advocates held a sit-in fifty years ago, Perry mused that the corporate fight against taxes and regulation is an extension of the civil rights movement: “I mean we’ve gone from a country that made great strides in issues of civil rights,” Perry said, “And as we go forward, America needs to be about freedom. It needs to be about freedom from over-taxation, freedom from over-litigation, freedom from over-regulation.”
But it is important to remember that Perry’s fight for lower taxes and regulations for corporations (on the backs of low-income families) is not just an economic position but also a spiritual issue. Before his Response prayer rally earlier this month, Perry told The 700 Club that he would be praying to end “government’s over-taxed, over-regulated, over-litigated” policies that have “caused roadblocks to economic prosperity.”
In an interview with televangelist James Robison in May, Perry claimed that the current economic crisis was God’s way of ending our “slavery” to government. Like civil rights leaders who used the story of Exodus in their struggle against discrimination, Perry contended that “Pharaoh” exists today in the form of government and “we’ve become slaves to government”:
Texas Gov. Rick Perry formally launched his presidential campaign last weekend, apparently hoping to upstage those competitors who were slugging it out in the Iowa Straw Poll. The event was won by Michele Bachmann, whose core supporters come from the same Religious Right-Tea Party crowd expected to be Perry's base. He may have just made it official, but in fact Perry has already been running hard. A week before his announcement, he solidified the devotion of Religious Right leaders and activists with a defiantly sectarian prayer rally sponsored by some of the country's most extreme promoters of religious and anti-gay bigotry. His financial backers began hitting up donors a while ago.
Perry is hoping to take advantage of a relative lack of enthusiasm for the current Republican field and its erstwhile front-runners. His potential to upset the field is reflected in the fact that he was polling in the double-digits before even entering the race, drawing far more support than candidates like Newt Gingrich and Rick Santorum who have seemingly been running for years. Ed Kilgore at The New Republic wrote recently that Perry has become "the unity candidate of the GOP" because he "seems to perfectly embody the Republican zeitgeist of the moment, appealing equally to the GOP's Tea Party, Christian Right, and establishment factions while exemplifying the militant anti-Obama attitude that holds it all together." Perry does indeed draw support from both establishment and far-right Republicans: last year, prizes offered by his election campaign included lunch with GOP strategist Karl Rove and a spiritual tour of the U.S. Capitol with right-wing pseudo-historian David Barton.
The Religious Right
Perry's love affair with even the most extreme elements of the Religious Right is a long-term relationship that started years before the recent prayer rally. Over the years, Perry has persistently backed the efforts of Religious Right activists on the Texas school board to use the textbook selection process to impose right-wing religious and political ideology on science and history textbooks. He has shown little respect for the separation of church and state and has worked to further restrict access to abortion in the state.
His reelection campaigns have relied heavily on church-based organizing and networks of far-right evangelical pastors mobilized by the likes of self-described "Christocrat" Rick Scarborough. According to the Texas Freedom Network, Between May 2005 and October 2008 the Texas Restoration Project held eight pastors' policy briefings. Part of Perry's invitation to the October 2008 event said:
While Congress occupies its time trying to legislate defeat in Iraq, we hope you will attend a Pastors Policy Briefing that will equip you to walk point in the war of values and ideas.
Rediscovering God in America -- Austin is intended to remind us that excuses are not the proper strategy when facing evil and confronting enemies. Instead, we must rally godly people and seek God's provision for the resources, the courage, and the strength necessary to win and, ultimately, glorify Him.
In 2009, he participated in a closed-door session with Texas pastors sponsored by the U.S. Pastor Council, and hosted a state prayer breakfast that featured Gary Bauer as the keynote speaker. And last year, he was visited by a group of pastors associated with the dominionist New Apostolic Reformation, who told him that God had chosen him for bigger things; they were among the leaders of last weekend's "Response."
The Response itself was called by Perry but sponsored and paid for by the American Family Association, which has been designated a hate group by the Southern Poverty Law Center for its pattern or spreading false and denigrating information about gay people, and which promotes some of the ugliest bigotry spewed on the nation's airwaves. Among the extremist co-sponsors and speakers at The Response were dominionist Mike Bickle, who has said that Oprah is a harbinger of the anti-Christ, and pseudo-historian David Barton, who claims that Jesus opposed progressive taxes, the minimum wage, and collective bargaining by unions.
The Tea Party Right
Perry also seamlessly blends the Tea Party's anti-Washington fervor with the Religious Right's Christian-nation vision. Last year, at an event sponsored by the Texas Eagle Forum, Perry said the November 2010 elections were "a struggle for the heart and soul of our nation." Said Perry, "That's the question: Who do you worship? Do you believe in the primacy of unrestrained federal government? Or do you worship the God of the universe, placing our trust in him?"
If it seems remarkable and contradictory that Perry would seek the presidency so soon after speculating on the benefits of seceding from the union "if Washington continues to thumb its nose at the American people," it is no less contradictory than Perry promoting his anti-Washington book, "Fed Up: Our Fight to Save America from Washington," while repeatedly requesting federal emergency assistance to fight wildfires that have raged in Texas this year.
The Economic Right
Perry is almost certain to make jobs -- and his claims that Texas' low-tax, low-regulation, low-wage environment would be good for what ails America -- a centerpiece of his campaign. In fact he has been publicly praying about regulations that he says stifle business and jobs. That vision will almost certainly make Perry popular among the corporate funders that are increasingly funneling money into Republican campaigns in the wake of the Supreme Court's Citizens United decision that corporations have the same rights as citizens to influence elections.
Perry's economic policies may be good for corporate profits, but they aren't much of an economic model for the rest of us. Nobel Prize-winning economist and New York Times columnist Paul Krugman wrote earlier this year:
Texas is where the modern conservative theory of budgeting -- the belief that you should never raise taxes under any circumstances, that you can always balance the budget by cutting wasteful spending -- has been implemented most completely. If the theory can't make it there, it can't make it anywhere.
Debt owed by the state of Texas has doubled during Perry's tenure as governor; the state's per-capita debt is worse than California's. And this year, Texas lawmakers wrestled with a budget shortfall that Associated Press called "one of the worst in the nation." Perry's budget relied heavily on federal stimulus funds to plug a massive 2010 budget deficit. The budget finally passed this year cut some $4 billion out of state support for public education and is expected to result in tens of thousands of teacher layoffs.
Meanwhile, Texas ranks at or near the bottom of many indicators of individual and community health. It is worst in the country in the percentage of children with health insurance and pregnant women receiving early prenatal care. It has the highest percentage of workers earning at or below the minimum wage. It has the lowest percentage of adults with a high school diploma. It is worst for known carcinogens released into the air and among the worst for toxic pollution overall.
The Right Online
Perry has sometimes adopted the Sarah Palin approach to media. According to the conservative Daily Caller, Perry declined to meet with newspaper editorial boards during his primary race against Sen. Kay Bailey Hutchison, but "went out of his way to make himself available to conservative bloggers." The Caller's Matt Lewis predicts that "a large percentage of conservative bloggers for sites like RedState.com" will "jump on the Perry bandwagon."
Perry the Prevaricator Perry statements have received no fewer than seven "pants on fire" ratings from Politifact Texas; he earned those awards for repeated false statements about his policies and his political opponents. Of 67 Perry statements reviewed by Politifact, 14 were declared false in addition to the seven "pants on fire" lies -- while another 10 were rated "mostly false." Only 17 were considered true (10) or mostly true (7), with 19 called "half true."
Perry and the Republican Party
If Rick Perry does indeed become the Republican "unity candidate," that will be further evidence that the GOP has become the party of, by, and for the far right -- a party that has abandoned any credible claim to representing the economic interests or constitutional values embraced by most Americans.
PFAW President Michael Keegan today wrote in the Huffington Post today about the radical and fanatical figures organizing Texas Gov. Rick Perry’s The Response prayer rally on August 6. Research from PFAW’s Right Wing Watch exposed many of Perry’s allies’ bizarre views, including interesting theories about Oprah Winfrey and the Statue of Liberty. Keegan writes, “The Response has turned out to be a powerful draw for the farthest of the far Right, attracting all varieties of extremists, whom Perry and his allies have welcomed with open arms.” Read the whole article at the Huffington Post and make sure to watch this must-see video on just some of The Response organizers:
As this is probably the kickoff event for Perry's run for the presidency, we should all know the backgrounds of the people and organizations that Perry is working with to promote the proselytizing event, known as The Response. His choice of allies belies the claim that it will be "apolitical" or even quasi-tolerant of non-Christians. Co-organizing and largely funding the rally is the American Family Association, a Religious Right group dedicated to infusing right-wing evangelical views into American politics. The AFA's chief spokesman, Bryan Fischer, is one of the most offensive voices in politics today. He has compared gays to Nazis and said gay people should be banned from public office; he has called for an end to Muslim immigration into the United States and a ban on the building of new mosques; he has said that Native American communities deserved past persecution and current poverty because of a refusal to convert to Christianity; he has even compared low-income African Americans to animals. In line with Fischer's views, the AFA dedicates itself to launching boycotts against companies that treat their gay employees well and sponsoring political get-togethers for the far right.
Then there is the International House of Prayer (yes, "IHOP"), the 24-hour-a-day worship powerhouse that has lent several senior staff members to planning The Response. IHOP's affiliated The Call rallies - politically charged events that gather hundreds of people to pray for anti-gay and anti-choice policies -- also serve as the model for Perry's event. As People For the American Way reported this month, the church's leader, Mike Bickle, has some pretty extreme views: he has warned that Oprah Winfrey is the harbinger of the Antichrist, and that marriage equality would result in the banning of marriage in some parts of the world.
And these are just the main organizers of the event. The Response has turned out to be a powerful draw for the farthest of the far Right, attracting all varieties of extremists, whom Perry and his allies have welcomed with open arms. Displayed prominently on the official "endorsers" page of The Response website are the names of pastors who have called the Statue of Liberty a "demonic idol"; blamed the 9/11 attacks on America's growing acceptance of gays and lesbians; blamed the mysterious bird deaths in Arkansas on the repeal of Don't Ask, Don't Tell; and advocated the violent overthrow of the U.S. government. Several participants are prominent advocates of "Seven Mountains" dominionist theology, which is basically the idea that a certain far-right breed of evangelical Christians need to take over all aspects of American society -including government, business and entertainment - to pave the way for the Second Coming of Christ. Fittingly, in a perfect illustration of the increasing acceptance of extremism on the Right, Perry even welcomed the endorsement of John Hagee, the pastor whose anti-Catholic and anti-Semitic statements were so shocking that John McCain had to publicly reject his endorsement in 2008.
Perry, questioned about the ragtag team of extremists he has assembled to help him launch his possible presidential run, has repeatedly claimed that he is not responsible for the views of everyone with whom he associates. He's not - but he should know who he's going to for advice, and whose profile he's lifting with a national soapbox. Perry says that The Response is meant in part to seek spiritual guidance for the political problems our nation faces. If these are the people he's going to for guidance, and who he's lifting up to help solve the nation's problems, we should all be concerned. What these groups want is for a very small sliver of American Christians with a certain narrow set of beliefs to control American politics - and to restrict everybody else's freedom to worship or not as they choose. Rick Perry, citing his own religious freedom, seems more than happy to lend them a megaphone.
Here at People For the American Way, we’ve spent the last several weeks marveling as Texas Gov. Rick Perry plans a blockbuster Christian prayer rally in Houston, gathering around him a remarkable collection of Religious Right extremists – from a pastor who claims that the Statue of Liberty is a “demonic idol” to a self-described “apostle” who blamed last year’s mysterious bird deaths in Arkansas on the repeal of Don’t Ask, Don’t Tell. Perry claims the event is apolitical, but it is conveniently timed to coincide with the possible launching of his presidential bid and bolstered by groups that are dedicated to working far-right evangelical values into American politics.
Which is why we were all surprised today to find a story in The Hill titled “At second glance, Texas Gov. Rick Perry not as conservative as some think.” Really?
The evidence presented for Perry’s maverick-moderate tilt is that the governor has taken some reasonable positions on immigration reform and that he once angered Religious Right groups by requiring that all 6th grade girls in the state receive a vaccine for HPV, a sexually transmitted disease that can lead to cervical cancer.
Perry’s 2007 executive order requiring that the vaccine be offered to Texas’s sixth graders was a wonderful, progressive public health policy…but seemed a little odd coming from a far-right Texas governor. Interestingly, while the move angered Perry’s supporters on the Religious Right, it made one constituency very happy: lobbyists for Merck & Co., the pharmaceutical giant that manufactured the vaccine and stood to gain billions from the new law. The Associated Press reported at the time on the cozy relationship Merck had developed with the newly-reelected Texas governor:
Merck is bankrolling efforts to pass laws in state legislatures across the country mandating it Gardasil vaccine for girls as young as 11 or 12. It doubled its lobbying budget in Texas and has funneled money through Women in Government, an advocacy group made up of female state legislators around the country.
Details of the order were not immediately available, but the governor's office confirmed to The Associated Press that he was signing the order and he would comment Friday afternoon.
Perry has several ties to Merck and Women in Government. One of the drug company's three lobbyists in Texas is Mike Toomey, his former chief of staff. His current chief of staff's mother-in-law, Texas Republican state Rep. Dianne White Delisi, is a state director for Women in Government.
Toomey was expected to be able to woo conservative legislators concerned about the requirement stepping on parent's rights and about signaling tacit approval of sexual activity to young girls. Delisi, as head of the House public health committee, which likely would have considered legislation filed by a Democratic member, also would have helped ease conservative opposition.
Perry also received $6,000 from Merck's political action committee during his re-election campaign.
Maybe Gov. Perry just really cared about helping prevent an epidemic and helping girls in Texas receive good medical care. On the other hand, health care for Texans doesn’t seem to have been a major priority for Perry: by last year, the tenth year of his governorship, Texas ranked last in the country in terms of the percentage of the population with health insurance and the percentage of insured children.
The “Perry bucks the Religious Right for the health of young girls” story will probably continue to reappear as he continues to be lauded as the Republican Party’s last, best hope for 2012. But the full story in no way proves that Perry’s an independent-minded moderate. Instead, it offers a case study of the sometimes conflicting priorities of the Religious and Corporate Right, and a politician who tries to appease them both.
At yesterday’s press conference on Capitol Hill, People For the American Way joined with Rev. Jesse Jackson, 12 other national civil rights organizations and numerous members of Congress to denounce the draconian and suppressive voting measures that have been enacted or are being considered by states across the country.
These laws, which create strict voter ID requirements, will have the effect of disenfranchising over 20 million potential voters who do not have any form of government-issued identification. Voters targeted by this legislation are disproportionately minority, low-income, disabled, elderly or student voters – all populations that the measures’ proponents see as an obstacle to their agenda. Strict voter ID measures have been introduced in more than half of the states so far this year, and Kansas, Tennessee, Texas, South Carolina and Wisconsin have already passed the legislation.
Of course, past investigations of voter fraud in this country have come to a startling conclusion: it doesn’t exist. Even during a five-year campaign by President Bush’s Justice Department to prosecute voter fraud, only a few dozen people were ever convicted. In most cases, they had cast votes without knowing they weren’t eligible.
We believe that it is every eligible American’s constitutional right to cast a vote that counts on Election Day. Efforts to prevent students, minorities, and disabled, elderly or low-income individuals from engaging in our nation’s civic and political life will not be tolerated and are simply not the American Way. People For the American Way is committed to fighting these suppressive voting measures alongside our civil rights allies and will continue to work with our network partners across the U.S. to ensure that every eligible American is able to exercise their constitutional right to vote.
Courtesy of the Lawyer's Committee for Civil Rights Under Law, the following map shows vote suppression legislation by state:
Last night Rachel Maddow looked into the radical views of the preachers and activists that Texas Gov. Rick Perry is partnering with to put on his The Response prayer rally. Utilizing research from People For the American Way’s Right Wing Watch, Maddow featured video of Mike Bickle, John Hagee, Bryan Fischer, Cindy Jacobs, John Benefiel and C. Peter Wagner, and discussed Perry’s attempts to win support from the Religious Right as he weighs a run for the presidency.
Last night, People For's Peter Montgomery went on MSNBC's The Last Word with Lawrence O'Donnell to discuss Texas Gov. Rick Perry's newest big project: a prayer rally cosponsored by the American Family Association.
As it happens, our Right Wing Watch blog has been following the American Family Association and its spectacularly bigoted spokesman Bryan Fischer for years. On the show, O'Donnell introduced our new report on Fischer, which you can read here.
For the occassion, we also put together a highlight real of Bryan Fischer's most bigoted moments (it was hard to choose):
Yes, this is who Texas governor and potential presidential candidate Rick Perry is choosing to associate himself with. More on the AFA and other participants in Perry's rally here.
The Senate is currently debating the nomination of Goodwin Liu to the Ninth Circuit Court of Appeals. Liu is a phenomenally well qualified legal scholar who has support across the political spectrum, as well as among a majority of U.S. Senators. However, because Senate Republican leaders are putting politics over all else, they are set on stymieing the majority and filibustering the nomination. A cloture vote to end this stalling tactic may occur as soon as tomorrow morning.
People For the American Way supports the nomination. We sent a letter this morning that says much of what we have been saying in person on the Hill for over a year. Among other things, the letter states:
Perhaps the most powerful testament to Professor Liu's superb qualifications is the extensive support his nomination has garnered from across the ideological spectrum. It is not only progressive and moderate legal thinkers who admire his work: He has received endorsements from conservatives such as Ken Starr, Solicitor General under President Ronald Reagan; Richard Painter, the chief ethics counsel for President George W. Bush; and Clint Bolick, Director of the conservative Goldwater Institute.
When a judicial nominee attracts such strong support independent of political ideology, you can be confident that he is exactly the kind of mainstream, talented, and fair jurist we need on the federal bench.
Although Liu has the support of a majority of senators, his opponents are working to block his nomination from receiving an up or down vote. Their claim is that Liu's nomination constitutes one of those rare "extraordinary circumstances" warranting a filibuster, under the benchmark developed by the Gang of 14 during the George W. Bush Administration.
By no measure can this nomination be considered to even approach "extraordinary circumstances." Even a cursory look at President Bush's nominees who were approved using that test – those whose nominations were not considered to constitute "extraordinary circumstances" – makes clear that Liu's nomination must be permitted to go forward.
- Pricilla Owen's dissenting positions on the Texas Supreme Court were so extreme that even her fellow conservatives on the Supreme Court in different cases described them with phrases like "an unconscionable act of judicial activism," "disregard of the procedural elements the Legislature established," "def[ying] the Legislature's clear and express limits on our jurisdiction," and "inflammatory rhetoric." Her nomination was not considered extraordinary, and the Senate afforded her an up-or-down vote for a seat on the Fifth Circuit, where she is now serving.
- Thomas Griffith pushed to severely curtail laws ending discrimination against women and girls' participation in school athletic programs, declaring "illegal" a test upheld by all eight of the nation's Circuit Courts of Appeals that had considered the issue. He was also suspended from the DC Bar for failure to pay mandatory Bar dues yet continued to practice law in the District during that time. Published reports and an examination of Utah law indicated that he had been engaged in the unauthorized practice of law in Utah for the four years prior to his nomination. Nevertheless, the Senate did not consider Griffith's nomination extraordinary, and he received an up-or-down vote confirming him to a seat on the DC Circuit Court of Appeals.
- Janice Rogers Brown criticized opposition to the Lochner decision, which began the period when the Supreme Court issued its most pro-corporate rulings—rulings that struck down laws requiring minimum wages, regulating working hours and conditions, and banning improper business practices. In addition, despite several Supreme Court rulings to the contrary, she explicitly suggested that Title VII of the 1964 Civil Rights Act is unconstitutional. Despite this record, her nomination was not considered an "extraordinary circumstance," and the Senate was allowed to cast an up-or-down vote, confirming her to the DC Circuit Court of Appeals.
- William Pryor called Roe v. Wade "the worst abomination of constitutional law in our history" and urged Congress to consider repealing or amending Section 5 of the Voting Rights Act. Despite the significant opposition that these and other extreme positions garnered, his nomination was not filibustered, and he was confirmed to the Eleventh Circuit Court of Appeals.
Each of these nominees attracted substantial controversy and was opposed by numerous civil rights and civil liberties groups, but not one was found to constitute "extraordinary circumstances."
The claim that Goodwin Liu is out of the mainstream as compared to any of these nominees simply does not bear scrutiny. In fact, a fair reading of his work makes clear that Liu is well within the judicial mainstream.
By any standard articulated by either party, Goodwin Liu's nomination deserves a vote on the Senate floor, and he should be confirmed to the Ninth Circuit Court of Appeals.
Tomorrow, we will learn which Republican senators are willing to toss logic, consistency, principles, and the good of the nation's court system out the window in order to score political points against a Democratic president.
After more than a dozen years out of office, former House Speaker Newt Gingrich jumped into the GOP presidential campaign this week, rolling out his candidacy via social media and a friendly interview with Fox News Channel's Sean Hannity. Gingrich thinks he's just what is needed to save America from itself and its flirtation with Barack Obama and the rest of the evil of what he calls the "secular-socialist machine."
Much of the media attention of Gingrich's candidacy has centered around his role in the 1995 government shutdown, which Gingrich alone seems to think was a great success for the GOP, and his more recent urging of congressional Republicans not to fear a repeat. The implication seems to be that if you're the kind of voter who wants a more combative conservative willing to take down the federal government in order to bring down deficits, Newt may be your guy. But that kind of discussion -- and the crazily early poll-watching "which tier is he in?" stories -- miss something more important. Let's remind ourselves what kind of person Newt Gingrich is, and what kind of impact he has had on our public life.
Gingrich hasn't exactly been in hiding. In fact, he is at the center of his own machine, a 24/7 festival of self-promotion that includes an emailed "Newt and Callista Weekly Recap" courtesy of Gingrich Productions. If self-promotion were the top trait Americans were looking for in a president, Gingrich would be a shoo-in. But the job requires a bit more than that. People For the American Way's Right Wing Watch, Mother Jones and Media Matters have already posted compilations of Newtonian 'wisdom' from a long and dishonorable career. Once you start to consider characteristics like honesty and integrity, it becomes clear that Gingrich is unfit to lead our country.
The Newt McCarthyism
Gingrich is an enthusiastic participant in the right wing's divisive and destructive McCarthyism, portraying his political opponents as enemies of America's very existence. In To Save America, Stopping Obama's Secular-Socialist Machine, he warns, "America as we know it is now facing a mortal threat... The secular-socialist machine represents as great a threat to America as Nazi Germany or the Soviet Union once did... It's up to those of us who love our country to save America from the destructive, irreversible transformation that the Left have in store for us." In Real Change: The Fight for America's Future, he claims that the Obama administration (that would be the Faith-Based Initiative-continuing, National Prayer Day-celebrating, Easter Breakfast-sponsoring Obama administration) "has shown an unprecedented hostility to Christianity." He promotes ridiculous Religious Right claims about religious persecution in America, saying that Christians are threatened by "gay and secular fascism."
Gingrich spoke this spring at the Texas church led by John Hagee, whose support proved too controversial for John McCain in 2008. Newt combined two of his favorite threats, secularists and Islamists, into one memorable, if intellectually incoherent, sentence, declaring that he feared that his grandchildren could grow up "in a secular atheist country, potentially one dominated by radical Islamists and with no understanding of what it once meant to be an American." He told the Christian Broadcasting Network's David Brody, "In a sense, our Judeo-Christian civilization is under attack from two fronts. On one front, you have a secular, atheist, elitism. And on the other front, you have radical Islamists. And both groups would like to eliminate our civilization if they could. For different reasons, but with equal passion."
Newt is also placing himself at the forefront of the concerted conservative campaign to turn "American exceptionalism" into an attack on the patriotism of their political opponents. Candidates like Sen. Marco Rubio made American exceptionalism into a campaign theme in 2010, and hope to continue to smear Democrats as unbelievers in America's divinely-blessed founding and mission in the world. Gingrich has teamed up with Citizens United's David Bossie for a new "documentary" on American exceptionalism, A City Upon a Hill, The Spirit of American Exceptionalism, which features, among others, Donald Trump, Michele Bachmann, Allen West, Andrew Breitbart and Phyllis Schlafly.
Gingrich, an old hand at politics-by-smear, is responsible for much of the venomous state of our politics. In the mid-1990s, his GOPAC distributed to Republican lawmakers a memo titled "Language: a Key Mechanism of Control." The memo urged Republicans to use a set of denigrating words to describe their opponents and the Democratic Party: "decay, failure (fail) collapse(ing) deeper, crisis, urgent(cy), destructive, destroy, sick, pathetic, lie, liberal, they/them, unionized bureaucracy, 'compassion' is not enough, betray, consequences, limit(s), shallow, traitors, sensationalists, endanger, coercion, hypocricy, radical, threaten, devour, waste, corruption, incompetent, permissive attitude, destructive, impose, self-serving, greed, ideological, insecure, anti-(issue): flag, family, child, jobs; pessimistic, excuses, intolerant, stagnation, welfare, corrupt, selfish, insensitive, status quo, mandate(s) taxes, spend (ing) shame, disgrace, punish (poor...) bizarre, cynicism, cheat, steal, abuse of power, machine, bosses, obsolete, criminal rights, red tape, patronage."
Religious Liberty: Hypocrisy and Bad History
Gingrich, like other Religious Right political figures, postures as a defender of Americans' religious liberty against a deeply hostile elite, the "secular-socialist machine." Yet he joined with gusto the opponents of the proposed Park51 Islamic community center in Manhattan, which right-wing activists vilified as the "Ground Zero Mosque," saying, "There should be no mosque near Ground Zero in New York so long as there are no churches or synagogues in Saudi Arabia." In his book, Rediscovering God in America, Gingrich declared, "A steadfast commitment to religious freedom is the very cornerstone of American liberty." Regarding the Islamic center in New York, he said, "No mosque. No self-deception. No surrender."
Gingrich, like other Religious Right leaders, justifies his attacks on Islam by suggesting that it is not really a religion, saying radical Islam "is a comprehensive political, economic, and religious movement that seeks to impose sharia -- Islamic law -- upon all aspects of global society... Radical Islamists see politics and religion as inseparable in a way it is difficult for Americans to understand. Radical Islamists assert sharia's supremacy over the freely legislated laws and values of the countries they live in and see it as their sacred duty to achieve this totalitarian supremacy in practice." Yet while Gingrich decries radical Islamists' goal of achieving "totalitarian supremacy," one of his own organizations, Renewing American Leadership, is run by an advocate of the 7 Mountains Mandate, a dominionist theology that argues that Christians are meant to control the levers of power in every aspect of government and society.
Gingrich is ideologically joined at the hip to "Christian nation" pseudo-historian David Barton. In Barton's worldview, the First Amendment is not about protecting religious pluralism, but was only meant to keep the federal government from siding with one group of Christians over another. Barton believes the First Amendment should not apply at all to the states, but that states should be free to pose religious tests for office, and local religious majorities should be free to use public schools for proselytizing prayer. On Barton's radio show, Gingrich promised that if he ran, he would be calling on Barton for help, presumably the way Barton helped turn out evangelical voters for the Republican Party during George W. Bush's reelection campaign. It seems to be a mutual admiration society. When Barton and other right-wing activists were pushing for changes in Texas textbooks, they urged that Cesar Chavez and Thurgood Marshall be dropped, but that Newt be added.
Gingrich shares Barton's view of the federal courts as evil usurpers of the founding fathers' religious intentions. "There is no attack on American culture more destructive and more historically dishonest than the secular Left's relentless effort to drive God out of America's public square," Gingrich wrote in Rediscovering God in America. In a recent speech to the National Catholic Prayer Breakfast, Gingrich said the courts have been "especially powerful engines of coerced secularization," and that "From the 1962 school prayer decision on, there has been a decisive break with the essentially religious nature of historic American civilization." While in Congress, Gingrich promoted the Religious Right's false claims that courts had somehow banned students from praying, and repeatedly supported efforts to pass a constitutional amendment to return organized prayer to public schools.
Politics over Principle
In addition to intellectual arrogance, a shameless lack of principle may be Gingrich's most identifying characteristic. When the popular uprisings in the Middle East spread to Libya, Gingrich denounced President Obama for not immediately imposing a no-fly zone: "We don't need to have the United Nations. All we have to say is that we think that slaughtering your own citizens is unacceptable and that we're intervening." Less than two weeks later, when the U.S. joined other nations in imposing a no-fly zone, Gingrich attacked Obama, saying "I would not have intervened" and declaring that "it is impossible to make sense of the standard for intervention in Libya except opportunism and news media publicity." Newt clearly knows a thing or two about opportunism and publicity-seeking; getting some coverage for an attack on Obama was clearly more important to him than questions of U.S. policy in Libya.
For all the far-right's charges that President Obama harbors anti-democratic tendencies -- Gingrich vowed to Hannity that he would abolish all the White House "czar" positions by executive order -- Gingrich's own behavior has made it clear that he sees himself as so superior to others, such an essential treasure for the nation, that the rules he would apply to others should not apply to him. When his second wife asked Newt how he could give a speech about the importance of family values just days after he admitted that he was having an affair, he reportedly told her, "It doesn't matter what I do. People need to hear what I have to say. There's no one else who can say what I can say. It doesn't matter what I live." That is a breathtaking level of hubris, even by presidential candidate standards. And when the CBN's Brody lobbed him the fluffiest of softballs by asking him to talk about his affairs in the context of his experience of God's forgiveness, Newt blew it by blaming his cheating on his love of country: "There's no question at times of my life, partially driven by how passionately I felt about this country, that I worked far too hard and things happened in my life that were not appropriate."
So Right and So Wrong
Gingrich's policy positions are pretty much standard fare in today's far-right Republican Party, including anti-worker, pro-corporate economic policies and support for criminalizing abortion. He has demonstrated his new-found commitment to the sacred nature of marriage by trying to buy the support of Religious Right activists in presidentially important Iowa, where he funneled about $200,000 into an unfortunately successful campaign to punish and purge three state Supreme Court justices who had voted to end marriage discrimination against same-sex couples in the state.
America is grappling with a set of deeply serious challenges at home and abroad. Americans would benefit from a substantive discussion of those problems and the policy choices that face them. What they're most likely to get from Newt Gingrich is toxic McCarthyism, petty and unprincipled partisanship, and preening self-promotion. Thanks but no thanks.
Cross posted on The Huffington Post
This afternoon in El Paso, President Obama laid out his case for comprehensive immigration reform. In his speech he again expressed his disappointment in the failure of the DREAM Act, which sunk under a filibuster by Senate Republicans late last year:
And we should stop punishing innocent young people for the actions of their parents – by denying them the chance to earn an education or serve in the military. That’s why we need to pass the Dream Act. Now, we passed the Dream Act through the House last year. But even though it received a majority of votes in the Senate, it was blocked when several Republicans who had previously supported the Dream Act voted no.
It was a tremendous disappointment to get so close and then see politics get in the way. And as I gave the commencement at Miami Dade, it broke my heart knowing that a number of those promising, bright students – young people who worked so hard and who speak to what’s best about America – are at risk of facing the agony of deportation. These are kids who grew up in this country, love this country, and know no other place as home. The idea that we would punish them is cruel and it makes no sense. We are a better nation than that.
Illinois Senator Dick Durbin is planning to reintroduce the DREAM Act tomorrow. As the week goes on, we’ll have more on the renewed effort to pass the legislation.
Last year, we wrote a report on the Texas Board of Education’s controversial overhaul of the state’s history curriculum standards, in which the board conveniently reshaped the United States history schools taught to better reflect right-wing political talking points. Now, as the Texas Freedom Network has been tracking, the state’s school board seems to be gearing up for a right-wing overhaul of the science curriculum. Texas Board of Education Chairwoman Gail Lowe is busy lining up a panel of anti-evolution activists to review the state’s science curriculum this spring...and her track record on these issues doesn’t bode well for the scientific education of Texas children:
For example, when the state board was considering new science curriculum standards in 2008-09, Lowe appointed one of three anti-evolution activists to a special advisory panel. Her appointee, Baylor University chemistry professor Charles Garner, had signed on to an anti-evolution petition from the creationist Discovery Institute. Garner and the other two anti-evolution advisers urged the state board to adopt standards that would open the door to creationist/”intelligent design” arguments in public school science classrooms. The board ultimately did just that, essentially ignoring hundreds of respected scientists and scholars — including Nobel laureates — from Texas institutions of higher education, the National Academy of Sciences and the American Association for the Advancement of Science who practically begged board members not to dumb down science education in Texas.
Lowe has also said on voter guides that she “strongly favors” teaching “intelligent design” (creationism) alongside evolution and creationist-claimed “weaknesses” of evolution in science classrooms. In 2003 she and three other State Board of Education members opposed the adoption of proposed new biology textbooks because the textbooks didn’t include those so-called “weaknesses” of evolution.
Lowe’s hostility to evidence-based information extends also into sex education. Texas has one of the highest teen birthrates in the nation even though more than 90 percent of Texas school districts teach abstinence-only in health classes. Yet Lowe voted for new health textbooks that don’t include a shred of medically accurate information on condoms and other forms of contraception and the prevention of sexually transmitted infections. (One textbook Lowe voted to approve instead suggested that a strategy for avoiding STDs is to “get plenty of rest” so that you make better decisions. Seriously.)
Texas’s school board is infamous for micromanaging right-wing curriculum standards that in turn shape textbooks that are marketed to schools across the country…but this year, it’s not the only state in the game. Mother Jones last week counted seven states with some sort of creationism law in the works, either requiring or allowing teachers to question the science of evolution and bring creationism into the classroom.
The Right’s war on worker's rights is serious business, but this is just absurd. Maine Republican Gov. Paul LePage has ordered a mural depicting the state’s labor history removed from the lobby of the state Department of Labor. The governor’s spokesman claims that the removal, meant to appease unnamed members of the business community, is just an effort to “achieve a little aesthetic balance”:
According to LePage spokesman Dan Demeritt, the administration felt the mural and the conference room monikers showed "one-sided decor" not in keeping with the department's pro-business goals.
"The message from state agencies needs to be balanced," said Demeritt, adding that the mural had sparked complaints from "some business owners" who complained it was hostile to business.
Demeritt declined to name the businesses.
The mural was erected in 2008 following a jury selection by the Maine Arts Commission and a $60,000 federal grant. Judy Taylor, the artist from Seal Cove, said Tuesday that her piece was never meant to be political, simply a depiction of Maine's labor history.
The 11-panel piece depicts several moments, including the 1937 shoe mill strike in Auburn and Lewiston, "Rosie the Riveter" at Bath Iron Works, and the paper mill workers' strike of 1986 in Jay.
I guess it was just a matter of time before the anti-labor movement started employing the Right’s tried-and-true strategy of pretending that history they don’t like never happened.
via The Awl
Last night, the Senate struck an agreement to confirm three of President Obama’s non-controversial judicial nominees. That’s great—but, as of this morning, it leaves 99 seats on the federal judiciary left to fill. And, as the long road to last night’s three easy confirmations shows, if the Senate’s behavior with judicial nominations doesn’t change, that number is not going to dwindle fast.
The stories behind the three nominees confirmed last night clearly illustrate the Senate dysfunction that has led to one in nine seats on the federal judiciary being vacant. Marco Hernandez, an Oregon judge, was first nominated to the federal district court in 2008…by George W. Bush. When President Obama renominated him July, 2010, he did not receive a vote in the Senate. When his nomination finally went to a vote yesterday, after three years and three nominations, he was confirmed unanimously.
Attorney Paul Kinloch Holmes was nominated for the federal bench in Arkansas in April, 2010. His nomination stalled all last year in the Senate, and President Obama renominated him last month. He was confirmed without a single dissenting vote. Diana Saldana of Texas, also confirmed without dissent last night, had also been nominated twice and seen her nomination languish on the Senate floor for almost a year.
The Washington Post today reports on the crisis in the federal judiciary created by the Senate’s failure to confirm judges at the rate that they’re retiring:
The crisis is most acute along the southwestern border, where immigration and drug cases have overwhelmed court officials. Arizona recently declared a judicial emergency, extending the deadline to put defendants on trial. The three judges in Tucson, the site of last month's shooting rampage, are handling about 1,200 criminal cases apiece.
"It's a dire situation," said Roslyn O. Silver, the state's chief judge.
In central Illinois, three of the four judgeships remain vacant after two of President Obama's nominees did not get a vote on the Senate floor.
Chief Judge Michael McCuskey said he is commuting 90 miles between Urbana and Springfield and relying on two 81-year-old "senior" judges to fill the gap. "I had a heart attack six years ago, and my cardiologist told me recently, 'You need to reduce your stress,' '' he said. "I told him only the U.S. Senate can reduce my stress.''
As we’ve pointed out here before, the judicial crisis is about far more than the health of overworked judges. Overworked courts mean slower access to justice for citizens:
The effect is most visible in civil cases, with delays of up to three years in resolving discrimination claims, corporate disputes and other lawsuits.
"Ultimately, I think people will lose faith in the rule of law,'' said Alex Kozinski, chief judge of the U.S. Court of Appeals for the 9th Circuit in California. "We as a nation believe that if you have a dispute, you go to court and within a reasonable period of time, you get a decision.''
Ultimately, it’s ordinary citizens who pay for the Senate’s failure to perform one of its simplest and most essential tasks—ensuring the fairness and functioning of the federal judiciary.
Texas Governor Rick Perry, who has notoriously floated the idea of secession, was reminded yesterday by the DC Circuit Court of Appeals that states cannot simply ignore a federal law they disagree with.
Last fall, Texas flat-out told the EPA that it has no intention of implementing a key part of a federally required permitting program to regulate greenhouse gas emissions. The EPA informed the state that since Texas refused to implement this part of the permitting program, the EPA would step in and do it itself.
Yesterday, the DC Circuit refused Texas's request for a stay of the EPA's efforts to implement the law. As the National Resources Defense Council blog notes:
Texas is the only state in the nation that refused to let anyone - the state or the feds - issue permits for carbon dioxide, the main cause of global warming. Ironically, that left Texas the only state where companies could not legally start construction on new power plants or other big projects.
The court's ruling now assures that EPA will be able to fill that void for as long as Texas' leaders continue their grandstanding, so that companies can continue building their projects, but with reasonable limits on all of their dangerous pollutants.
Governor Perry may not like this federal law, and he can fight it in court, but he can't simply ignore it.
In the days and weeks leading up to Election Day, Republicans and their allies across the country were up in arms over the massive voter fraud they were insisting that Democrats were engaging in.
Of course, what they were really doing was laying the groundwork to intimidate likely Democrats (especially people of color) from voting and to de-legitimize an Election Day result that didn’t go their way. As we know, Election Day did go their way. So what happened to all the voter fraud they warned us about? Demos issued a report yesterday, Voting in 2010: Lessons Learned, which discusses a range of issues relating to voter access and election administration. In the area of voter fraud:
The fraud allegation frenzy had its intended effect in 2010. It encouraged certain activist groups and individuals to take up the bogus anti-fraud cause. As has been well documented, Tea Party groups across the nation set up "poll watch" operations where they planned to engage in activities that would interfere with the voters at the polling places, perhaps to the point of crossing the line into illegality. Some members of these groups may not have always been aware of the allowed parameters of behavior. True the Vote in Texas formed the blueprint during early voting when many of its members allegedly started confrontations and harassed voters in Houston. Activists in multiple states then took on the cause. Groups encouraged members to undertake blatantly intimidating activities like photographing and videotaping voters and following them around. Unprecedented numbers of poll watchers showed up at polling sites in communities of color. One group even offered a $500 reward for vote fraud tips.
Fortunately, on Election Day itself the Tea Party groups' threats turned out to be little more than empty. There were scattered occasions of overly aggressive poll watchers, including in Minnesota, but the situations were dealt with firmly and efficiently by Election Protection workers and election administrators. Yet the climate of anxiety and antagonism the groups created in the days leading up to the election had its effect--one that was not good for voters, elections officers, or democracy, and were completely unnecessary.
Also noteworthy after Election Day had come and gone was the sudden silence from the fraud-mongerers and Tea Party poll watch groups. Not a peep of one case of substantiated fraud at the polling place. Even Fox News decided to cancel a special report on voter fraud it had planned on Nevada because there was no fraud.
Does anyone doubt that if the Democrats had had a better night, that we'd be hearing nonstop from the right wing about voter fraud? Funny how that works.
Election Day saw a number of efforts to intimidate or trick Democrats out of their constitutional right to vote, stoke fear of rampant voter fraud, and delegitimize possible victories by Democrats. (See here for the days leading up to Tuesday). Here are a few examples: