Utah

Voting Rights Advocates Rack Up More Wins

Earlier this month, PFAW reported on what has gone right for voting rights at the state level in 2014. While there is much more work to be done to enact needed reforms and to step up and counter threats when the right to vote is under attack, states like Florida, Georgia, and North Carolina have shown that we can win. Now we've uncovered even more evidence of why we can and should keep fighting the challenges that lay before us.
PFAW

PFAW Foundation Staffer Reacts to Utah Marriage Battle in CNN Op-Ed

It has been a roller-coaster few weeks for marriage equality in Utah, where a legal battle over the state’s ban on marriage for same-sex couples continues and more than a thousand marriages are caught in limbo.

On Friday People For the American Way Foundation Major Gifts Associate Tyler Hatch reacted to the struggle in Utah, and his op-ed was featured by CNN.

Hatch writes:

Regardless of the ultimate outcome of Kitchen v. Loving (Utah’s marriage equality case currently under review by the 10th Circuit) the issue of marriage equality is once again before the Mormon or LDS church.

I was raised LDS and went to church nearly every Sunday until I was 18. I participated in weekly youth meetings, attended Boy Scout outings, and was a leader within my church. By all accounts I appeared to be the model youth, however inside I was dejected. Severe depression, suicidal thoughts, and extreme self-loathing plagued my adolescent and teen years due to an overwhelming sense of guilt regarding my sexuality.

….Whether it is in the halls of elementary schools, the wedding chapel, or feeling secure and safe in the workplace there is much work to be done. LGBT equality is an issue that will surely grip our generation for years to come. As society becomes more accepting of LGBT individuals I remain optimistic that progress will be made, at least within civil society.

….There are no easy answers for the countless number of LGBT individuals with conservative religious backgrounds and the struggle to find an identity within that intersection is a fight that will continue throughout our lives.

PFAW Foundation

Breaking: Judge Strikes Down Ban on Same-Sex Marriage in Utah

Adding to this week’s great news on marriage equality, today U.S. District Court Judge Robert J. Shelby struck down Utah’s same-sex marriage ban, which was put into the state constitution by referendum in 2004.

One of the far right’s standard attacks on the increasing number of judicial opinions striking down discriminatory marriage laws is that judges are “redefining marriage” and “usurping the legislature.”  No doubt they will do so again in this case.  Fortunately, Judge Shelby opens his opinion with a brief but important explanation of how the American constitutional system works:

The issue the court must address in this case is therefore not who should define marriage, but the narrow question of whether Utah’s current definition of marriage is permissible under the Constitution.…

[T]he legal issues presented in this lawsuit do not depend on whether Utah’s laws were the result of its legislature or a referendum, or whether the laws passed by the widest or smallest of margins. The question presented here depends instead on the Constitution itself…

In his opinion, Judge Shelby also takes apart the harmful, bogus argument that preventing same-sex couples from marrying somehow “elevate[s] the status of opposite-sex marriage”:

Rather than protecting or supporting the families of opposite-sex couples, Amendment 3 perpetuates inequality by holding that the families and relationships of same-sex couples are not now, nor ever will be, worthy of recognition. Amendment 3 does not thereby elevate the status of opposite-sex marriage; it merely demeans the dignity of same-sex couples. And while the State cites an interest in protecting traditional marriage, it protects that interest by denying one of the most traditional aspects of marriage to thousands of its citizens: the right to form a family that is strengthened by a partnership based on love, intimacy, and shared responsibilities. The Plaintiffs’ desire to publicly declare their vows of commitment and support to each other is a testament to the strength of marriage in society, not a sign that, by opening its doors to all individuals, it is in danger of collapse.  (Emphasis added.)

Congratulations, Utah!

PFAW

Sen. Hatch Misleads 'This Week' About His Role in Judicial Filibusters

On ABC News’ “This Week” yesterday, Republican Sen. Orrin Hatch of Utah claimed that he takes the “principled position” of voting against filibusters of judicial nominees:

And matter of fact, I continue to vote against filibusters with regard to judicial nominations because I think it's a principled position. I actually think the president, whoever the president may be ought to have the full choice of who they put on the bench.

And unless there's just some overwhelming reason why somebody should never be on the bench.

But on many pivotal votes to break GOP filibusters of President Obama’s federal judicial nominees, Sen. Hatch hasn’t voted “against” the filibuster. Instead, he’s made a habit of voting “present” or not voting at all. Because a motion to break a filibuster requires 60 affirmative “yes” votes to succeed, not voting or voting “present” in effect supports the continuation of the filibuster.

Hatch voted “present” on efforts to break Republican filibusters of Obama judicial nominees Caitlin Halligan, Goodwin Liu, Jack McConnell and Robert Bacharach. He did not vote at all in cloture votes on nominee Andrew Hurwitz and in the second cloture vote on Halligan.

These votes allow Hatch to say he didn’t support a filibuster, while in fact voting to do just that. And he certainly didn’t take a “principled position” to vote “against” his Republican colleagues’ obstruction.

PFAW

New Young Elected Progressives Endorsees

Today we are unveiling three more new endorsees of People For the American Way’s Young Elected Progressives program: Sean Garballey (MA), Carl Sciortino (MA), and Luz Robles (UT). These three, young individuals, under the age of 35, have been great progressive leaders in their respective states.

Sean Garballey (MA)

Sean Garballey is running for reelection to the Massachusetts House of Representatives. He has been a member since 2008, representing Arlington, MA. Garballey has established himself as a leader of the Massachusetts progressives and currently serves on four committees, including as Vice Chair of the Joint Committee on Election Laws. Prior to serving in the House, Garballey was an Arlington Town Meeting Member for 5 years. He has been a proven progressive champion in the Massachusetts legislature, sponsoring several bills to increase the funding of public education and grants for those seeking public higher education. Garballey also received the Public Service Award in 2011 from affiliate PFAW Foundation’s Young Elected Officials Network. Visit his website here.

Carl Sciortino (MA)

Carl Sciortino is running for reelection to the Massachusetts House of Representatives. He has been serving the Somerville and Medford areas in the House since 2005. Sciortino serves on the Public Health and Transportation Committees, among others, and has been a leader in the House for the past several terms. He was named "Best of the New" by Boston Globe Magazine and "Legislator of the Year" by the National Association of Social Workers and has been a great progressive leader in fighting for equal, social rights. Visit his website here.

Luz Robles (UT)

Luz Robles is running for reelection to the Utah Senate. She has represented Utah’s 1st district since 2008. Robles serves on the Senate Ethics Committee, the Health and Human Services Committee, and two others. Robles has fought hard for equal rights for all individuals and sponsored a bill which would give illegal immigrants an accountability card allowing them to gain work without changing their legal status. She was named the Fifth Most Influential Person in Utah by Deseret News and is a great progressive representative for the people of Utah. Visit her website here.

PFAW

Flashback: Reagan and Bush on the Humanity of Undocumented Immigrants

Former Utah Gov. Jon Huntsman made a surprisingly refreshing statement  in Wednesday's GOP presidential debate, when, answering a question about immigration reform, he said, “I hope that all of us as we deal with this immigration issue will always see it as an issue that revolves around real human beings.”

That Huntsman’s basic call for human empathy was surprising to hear at a GOP debate shows just how radically the party has shifted to the right in recent years. Outside the Beltway digs up this clip of George H.W. Bush and GOP hero Ronald Reagan discussing immigration reform at a debate in 1980:

Bush argues in favor of allowing the children of undocumented immigrants to attend public school, saying “We’re creating a whole society of really honorable, decent, family-loving people that are in violation of the law.” Reagan adds, “Rather than talking about putting up a fence, why don’t we work out some recognition of our mutual problems, make it possible for them to come here legally with a work permit, and then while they’re working and earning here, they pay taxes here.”

Contrast this with today’s Republican Party, where a growing contingent is pushing to amend or just intentionally misread the Constitution’s definition of citizenship, and where the two top GOP presidential candidates, when asked about the issue at last night’s debate, talked only about building a border fence and eliminating benefits to the children of undocumented immigrants.

Earlier this week, PFAW’s Michael Keegan wrote that Ronald Reagan, as much as he is a hero to today’s GOP, could never have gotten the Republican nomination in today’s polarized political climate. It’s remarkable that in today’s Republican Party, acknowledging the humanity of people who your policies affect makes you an outlier and a curiosity.

h/t The Spectator

PFAW

The 2012 GOP Field: Not Even Ronald Reagan Could Get This Nomination

Tonight, eight GOP presidential candidates will alight on sacred ground to some: the Ronald Reagan Presidential Library in Simi Valley, California. As the candidates pay the required perpetual homage to the 40th president, the rest of us might take some time to reflect on just how far off the Reagan Ranch the Republican Party has gone.

Since the advent of the Tea Party, the Republican establishment has adopted a philosophy that you could call "Xtreme Reagan" -- tax cuts for the wealthy without compromise, deregulation without common sense, social conservatism without an ounce of respect -- that makes even a liberal like me almost miss the political pragmatism of the Gipper. It's terrifying that former Utah Gov. Jon Huntsman, a hard-line economic and social conservative, whose regressive economic policies as governor were to the right of Reagan, is now widely considered to be too far to the left to even be a contender.

Don't get me wrong -- I never was a fan of Ronald Reagan and his policies. But I miss the days when believing in science and being able to do basic budget math didn't make you a radical Socialist.

Reagan, a savvy politician, rode to power on the money of corporate America and the passion of an increasingly politicized Religious Right -- and, for the most part, gave both groups enough of what they wanted once he was in office to keep them both happy. But he also bucked those interests at some important points. Contrary to current Reagan hagiography, he raised taxes 11 times during his eight years in office -- including the largest corporate tax hike in American history -- when it became clear that pure trickle-down economics would be disastrous for the economy. And in 1981, over the objections of anti-choice groups, he nominated the highly qualified and politically moderate Sandra Day O'Connor to serve on the Supreme Court.

Today's Tea Party candidates, as they love to remind us, are beholden to the same interests. But they have taken the Reagan strategy a step further, turning the values of the Reagan coalition into a new, unyieldingly rigid conservative orthodoxy.

In the Tea Party orthodoxy, environmentalism isn't just bad for business, it's unbiblical. Tax cuts aren't just what the rich want, they're what Jesus wants . The Democratic president isn't just a liberal, he's a foreigner trying to destroy America from within. Conspiracy theories become hard-and-fast facts before you can change the channel away from Fox News. There's no compromise when you live in an air-tight world of unquestioned beliefs that become created facts.

Let's take a look at how the eight GOP candidates debating tonight have taken Xtreme Reaganism and made it their own:

  • Rick Santorum: Compared health care reform to drug dealing, said it will make Christians "less than what God created you to be," said it would "destroy the country"; compared gay relationships to "man-on-dog sex"; slammed the Supreme Court decision ensuring the right to access contraception.
  • Herman Cain: The most unabashedly anti-Muslim candidate in the field (and that's saying something!), proposed a religious test for office for Muslims who wanted to work for his administration.
  • Newt Gingrich: Where to begin? Maybe with the threat of a "secular atheist country... dominated by radical Islamists." Or with the threat of "gay and secular fascism." Or with his entire record as Speaker of the House of Representatives. You choose.
  • Ron Paul: Supposedly the most "libertarian" figure in the GOP, but does not support personal liberties for women or gay people. Still thinks the Voting Rights Act was a bad idea and we were better off before FEMA.
  • Jon Huntsman: The supposedly "moderate" candidate in the GOP field, enacted a highly regressive flat tax as governor of Utah, tried to eliminate corporate taxes, and banned second-trimester abortions.
  • Michele Bachmann: Calls homosexuality "personal enslavement," wants to reduce government to "its original size," says those who believe the science of evolution are part of a "cult following."
  • Mitt Romney: Believes whatever the Republican base wants him to believe, which these days is pretty far off the rails.
  • Rick Perry: Kicked off his presidential campaign by holding an event with the most extreme leaders of the Religious Right he could find, including a pastor who thinks that God sent Hitler to hunt the Jews and another who thinks that the Statue of Liberty is a "demonic idol."

This is the field that the Party of Reagan has produced to appeal to a right-moving and increasingly isolated base -- where the architect of health care reform has to run against himself, where the most libertarian still isn't willing to cross the Religious Right, and where the highest-polling has floated the idea of his state seceding from the union.

Listen tonight as you hear the homage to Ronald Reagan and consider how radical this party has actually become.

Cross posted on Huffington Post

PFAW

The Tea Party Constitution and the Debt Ceiling

Last year, we released a report on the myriad ways that the Tea Party movement – supposedly obsessed with the Constitution – twists the United States’ founding documents beyond recognition.

This month, in the debate over the normally routine process of raising the nation’s debt ceiling to prevent a default and the resulting massive setback to the recovering economy, we get another example.

Republicans in the House have introduced a plan that would, among other demands, require the passage of a constitutional “balanced budget” amendment before they will consider taking a simple step to avert economic disaster. In Slate on Friday, Dahlia Lithwick and Doug Kendall explained why a balanced budget amendment -- championed by Utah senator and Tea Party favorite Mike Lee -- would not just be bad policy…it would be a big departure from the original text and intent of the Constitution:

It's fairly certain that George Washington and the other Founders gathered in Philadelphia in 1787 would be appalled by the Lee amendment. It is not an accident that the first two enumerated powers the Constitution vests in Congress are the power "to lay and collect Taxes … to pay the Debts and provide for the common Defense and general Welfare of the United States" and "to borrow money on the credit of the United States." The Constitution's broad textual grant of power was a direct response to the Articles of Confederation, which had imposed crippling restrictions on Congress's power to borrow and tax. These restrictions plagued the Revolutionary War effort and made a deep and lasting impression on Washington and other war veterans. Lee and the other proponents of shrinking the federal government to restore freedom misapprehend that the Constitution recognized there would be no freedom without a strong federal government to promote it.

Finally, in a Constitution filled with broad principles of governance, the amendment's arbitrary spending limit of 18 percent of GDP—an awkward and unworkable figure—would stick out like a sore thumb. Contrary to Chief Justice John Marshall's warning in the landmark decision of McCulloch v. Maryland (1819), Lee's arbitrary spending limit "partake[s] of the prolixity of a legal code," and would be out of place in a document that is designed to "to endure for ages to come … to be adapted to the various crises of human affairs."

We face a high duty when amending the Constitution: to match the Framers' maturity and foresight. By every measure that would have mattered to the Founders, Lee's proposed amendment easily flunks this test. Sen. Lee fancies himself a friend to the Constitution and an originalist. So why is he pushing for the ratification of an amendment that would take us back to the days before the Constitution was even ratified? The framers trusted in the wisdom of future legislators. The Balanced Budget Amendment represents a betrayal not only of our future but of our past as well.

Of course, the most pressing issue here is that House Republicans are playing chicken with the world economy in order to uphold massive tax breaks for the rich. But that they’re using such a misguided constitutional amendment as a bargaining chip speaks volumes about the Tea Party’s priorities.
 

PFAW

Huntsman Backer Seeks Gay Money with False Claim on Civil Unions

PFAW President Michael Keegan's recent Huffington Post commentary pointed out that former Utah Gov. Jon Huntsman, the latest to throw his hat in the GOP presidential ring, is more conservative than his media-generated image as a moderate. Here’s more evidence supporting Keegan’s claim that Huntsman’s campaign strategy is to try to be all things to all people: Huntsman supporters are making a big play for campaign contributions from LGBT donors -- but they aren't telling the truth about his record. 

According to Politico, California Log Cabin Republican official Charles T. Moran has sent a fundraising email that makes this claim:“Governor Huntsman signed into law Utah’s first Civil Unions legislation – a politically courageous move on his part given that state’s politics.”

That claim is simply false.  It is true that in 2009, Huntsman declared his support for civil unions, five years after he backed a state constitutional amendment that bans marriage and forbids recognition of any "other domestic union" that has the "same or substantially equivalent legal effect" as marriage. But civil unions never became law in Utah.

In 2008, Huntsman did sign a law, SB 299, that allowed local governments to have something like a domestic partnership registry as long as they did not describe it as a domestic partnership registry. That’s a far cry from a state civil unions law, which is still prohibited by a constitutional amendment that Huntsman supported.

PFAW

Huntsman Polishes His Magic Mirror to Show GOP Voters Whatever They're Looking For

Just who is Jon Huntsman? At this stage, he is whatever anyone hopes that he will be. As he prepares to officially join the gaggle of GOP presidential candidates, his campaign strategists seem to have adopted an "all-things-to-all-people" approach: play up his conservative credentials for Republican primary voters while courting general election voters by promoting his media image as the only moderate in the race. A CNN commentator, for example, calls him "the lone standard-bearer of the center-right in a crowded GOP field." Katrina Trinko, a reporter at the conservative National Review Online, sees this all-things-to-all-people approach as a potentially winning strategy:

It remains to be seen whether Jon Huntsman can successfully be all things to all men. But if, by stressing different parts of his record, he can successfully sell himself as a moderate to centrists and a conservative to hard-liners, he could be difficult to beat.

An analysis of Huntsman's record shows that, faced with the reality that he must appeal to the increasingly far right Republican base, he is quickly trying to jettison formerly held "moderate" positions. We agree with Mississippi Gov. Haley Barbour, who has publicly rejected the notion that Huntsman is a RINO (Republican in Name Only), saying "there's no question he's a conservative."

It's worth noting that many Americans first met Huntsman when he introduced "my friend Sarah" Palin at the 2008 Republican National Convention, exulting that "history will be made tonight!" He praised her strength, tenacity, authenticity and originality, calling her a rebel and a renegade who is "not afraid to kick a few fannies and raise a little hell." Said Huntsman, "We are looking for a beacon of light to show us the way. We are looking for Sarah!"

Huntsman and the Religious Right: Ralph Reed's 'Great Friend'

There are plenty of reasons that former Christian Coalition director Ralph Reed recently introduced Huntsman to a group of right-wing activists as "a good conservative and a great friend."

In 2009, Huntsman told a reporter that he has little patience for traditional "culture war" issues, saying "I'm not good at playing those games." That sounds like a promising and refreshing break from the norm of Republican presidential candidates, but in reality he has played those "games" devastatingly well. He made his efforts to make abortion completely unavailable to women a centerpiece of his address to Reed's "Faith and Freedom Coalition" summit:

"As governor of Utah, I supported and signed every pro-life bill that came to my desk," he said. "I signed the bill that made second-trimester abortions illegal and increased the penalty for doing so. I signed the bill to allow women to know about the pain an abortion causes an unborn child. I signed the bill requiring parental permission for an abortion. I signed the bill that would trigger a ban on abortions in Utah if Roe v. Wade were overturned."

Huntsman has also appealed to the public school-hating wing of the Religious Right. In 2007, he signed a statewide school voucher bill that provided up to $3,000 in taxpayer funds for students attending private schools. That was too much even for voters in conservative Republican Utah, who rejected the attack on public education and overturned the plan through a referendum.

At Reed's recent confab, Huntsman also joined the chorus of speakers warning Tea Party conservatives not to abandon social conservatives. The Republican Party, he said, should not focus on economics to the detriment of the fight to make abortion unavailable, saying that would lead to "a deficit of the heart and soul."

Huntsman and the Economic Right: A Full Embrace of the Ryan Budget

Huntsman, who is making his tax-cutting record as governor of Utah a major campaign theme, has praised Rep. Paul Ryan's radical budget proposal as a "very, very good one." Even though Republicans have been abandoning the Ryan plan in droves, Huntsman has said that he would have voted for the Ryan budget if he were a member of Congress. He has specifically embraced the Ryan budget's plan to essentially abolish Medicare, saying the size of the national debt required drastic policy changes. However, unlike some other Republican governors, Huntsman's concerns about the debt did not prevent him from welcoming federal stimulus funds.

He embraces the Tea Party's warnings about the economy and the suggestion that the nation is being destroyed by internal enemies. He says that America is "buying serfdom" with its deficit spending. Invoking Ronald Reagan's 1964 "A Time for Choosing" speech on behalf of Barry Goldwater, Huntsman says America is at a crossroads, with voters needing to choose "whether we are to become a declining power in the world, eaten from within, or a nation that regains its economic health and maintains its long-loved liberties."

As governor, Huntsman proposed abolishing corporate taxes altogether; campaigning in New Hampshire recently, he suggested that he would cut federal corporate taxes. The 2012 campaign, he says, will determine whether the nation will endure an economic "lost decade" or "unleash the economic magic."

Moving Right on Climate Change

This month the Salt Lake Tribune examined Huntsman's shift on climate issues. Four years ago, he supported a regional cap-and-trade program, saying, "If we do this right, our citizens are going to have a better quality of life, we're going to spawn new technologies and industries, and we're going to leave our most important belongings in better shape for the next generation." That was then, as the paper noted:

But now, in a political environment rocked by recession and a rowdy tea party, and with Huntsman's eyes on a possible presidential run in 2012, his position has evolved. He's still defending the science of climate change, but he has ditched his support for cap-and-trade.

Given that most of the GOP field is in full denial on climate change, Huntsman has gotten some credit for simply acknowledging reality. "All I know is 90 percent of the scientists say climate change is occurring," he told TIME magazine. "If 90 percent of the oncological community said something was causing cancer, we'd listen to them." But, he says, now "isn't the moment" to deal with climate change.
That led the Washington Monthly's Steve Benen to comment:

This is, in general, the worst of all possible positions. Much of the right believes climate change is a "hoax" and an elaborate conspiracy cooked up by communists to destroy America's way of life. These deniers have a simple solution to the problem: ignore it and pretend there is no problem. Much of the left takes the evidence seriously, is eager to address the crisis, and has a variety of possible solutions to the problem, including but not limited to cap-and-trade plans.

Huntsman apparently wants to split the difference -- he accepts the evidence and believes the problem is real; Huntsman just doesn't want to do anything about it.

To borrow his analogy, Huntsman has heard the collective judgment of 90% of the world's oncologists, but believes it'd be inconvenient to deal with the cancer or what's causing the cancer anytime soon.

Moderate Image, Conservative Reality

Huntsman's moderate image is based in large part on his 2009 endorsement of civil unions for gay couples. Five years earlier, when campaigning for governor, he had supported a state constitutional amendment that bans marriage and "other domestic unions" for same-sex couples. Huntsman's rhetorical shift did not find its way into any policy that offers legal protection for gay couples in Utah; he still opposes marriage equality, calling himself "a firm believer in the traditional construct of marriage, a man and a woman."

Huntsman has taken some heat from far-right activists who cannot tolerate the slightest sign of heresy against right-wing dogma. But former George W. Bush official Michael Gerson thinks Huntsman's moderate media image could actually help him by setting initial expectations low among GOP activists:

The media have often covered Huntsman as a liberal Republican -- a Rockefeller reincarnation. After all, he supports civil unions. He made it easier to get a drink at a bar in Utah. This easy press narrative gives Huntsman an odd advantage in a Republican primary: He is more conservative than his image. For many Republicans, he will improve upon closer inspection.

Huntsman's campaign is just getting under way, but his positioning is already clear. Tell Religious Right activists you're one of them by emphasizing your support for the most draconian anti-choice measures. Tell the Tea Partiers you're one of them by backing Paul Ryan's radically anti-government and anti-middle-class budget. And encourage more moderate Republicans to believe you're one of them by calling for civil discourse and offering rhetorical support for short-of-equality measures for same-sex couples. It's a calculated strategy that might make some sense politically, but it seems unlikely that trying to be all things to all people provides a path to victory through the restrictive gauntlet of the Republican primaries.

Cross posted on The Huffington Post

PFAW

It's Time to Confirm Goodwin Liu

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.

PFAW

Tea Party Bemoans “Government-Corporate Cronyism” … Really???

Tea Party groups have been busy protesting companies that support eco-friendly and other progressive policies or help Democrats … they’ve even been protesting GE, NOT because the company exploits loopholes and tax credits to avoid paying any U.S. taxes, but because GE’s CEO Jeff Immelt works with the Obama administration chairing its Council on Jobs and Competitiveness.

“Jeff Immelt is the face of government-corporate cronyism in America today,” commented Russ Walker, vice president of political and grassroots campaigns for the Tea Party “astroturf” group FreedomWorks.

The Tea Party needs to look in the mirror.

Overwhelmingly, it’s Tea Party Republicans who push the tax policies that allow GE to not pay its fair share of taxes … it’s Tea Party Republicans who want to bust up labor unions at the behest of the Koch brothers … it’s Tea Party Republicans who want to continue billions in subsidies for oil companies … and it’s Tea Party Republicans who oppose all regulation of corporate polluters, Big Insurance, Wall Street and every other sector of corporate America.

Now, there are certainly too many corporate-friendly Democrats … too many Blue Dogs and so-called moderates who are willing to put the interests of corporations over the interests of We the People. But let’s not be fooled by the Tea Party’s co-opting of rhetoric aimed at holding corporations accountable. The only accountability the Right wants for corporations is for when the occasional executive strays from the pack and is caught making nice with Democrats.

PFAW

Right Wing Watch In Focus: "Rogues' Gallery"

Today, People For the American Way released our latest Right Wing Watch In Focus report examining the slate of extremist GOP Senate candidates running for office this year.

Entitled "The Rogues' Gallery: Right-Wing Candidates Have A Dangerous Agenda for America and Could Turn the Senate," the report examines the radical agendas and views held by Joe Miller, Carly Fiorina, Ken Buck, Christine O'Donnell, Marco Rubio, Rand Paul, Roy Blunt, Sharron Angle, Kelly Ayotte, Richard Burr, Rob Portman, Pat Toomey, Mike Lee, Ron Johnson, and Dino Rossi, plus the role that Sen. Jim DeMint has played in dragging the GOP further and further to the right.

Here is the introduction:

Republicans in the U.S. Senate have already broken all records for unprincipled partisan obstructionism, preventing the administration from putting people into key positions in the executive branch, blocking judicial confirmations, and delaying and preventing Congress from dealing with important issues facing the nation, from financial reform to immigration. Now a bumper crop of far-right GOP candidates threatens to turn the "deliberative body"into a haven for extremists who view much of the federal government as unconstitutional and who are itching to shut it down.

Fueled by the unlimited deep pockets of billionaire anti-government ideologues, various Tea Party and corporate-interest groups have poured money into primary elections this year. They and conservative voters angry about the actions of the Obama administration have replaced even very conservative senators and candidates backed by the national Republican establishment with others who embrace a range of radically right-wing views on the Constitution, the role of government, the protection of individual freedoms, and the separation of church and state.

Recently, Religious Right leaders have been grousing that Republican candidates arent talking enough about abortion and same-sex marriage. But this report indicates that anti-gay and anti-choice activists have little to worry about, as the right-wing candidates profiled here share those anti-freedom positions even if theyre talking more about shutting down federal agencies, privatizing Social Security, and eliminating most of the taxes paid by the wealthiest Americans. A number of these candidates oppose legal abortion even in cases of rape or incest.

Sen. Jim DeMint of South Carolina is helping to lead the charge with his Senate Conservatives Fund. DeMint, an absolute favorite of both the Tea Party and Religious Right political movements for his uncompromising extremism on both economic and social issues, is at the far right fringe of the Republican Party and has committed himself to helping elect more like-minded colleagues. Sarah Palin, also popular among both Tea Party and Religious Right activists, has also injected her high-profile name, busy Twitter fingers, and PAC cash into numerous Senate races.

Among the right-wing insurgents who defeated candidates backed by national party leadership are Christine ODonnell of Delaware, Joe Miller of Alaska, Marco Rubio of Florida, Rand Paul of Kentucky, Sharron Angle of Nevada, Ken Buck of Colorado, and Mike Lee of Utah. Others, like Carly Fiorina of California, came through crowded primaries where right-wing leaders split their endorsements, but have now coalesced around her candidacy.

And thanks to the conservative Supreme Courts ruling in the Citizens United case, which said corporations have the same rights as citizens to make independent expenditures in elections, right-wing candidates across the board will be benefitting from a massive infusion of corporate money designed to elect candidates who will oppose governmental efforts to hold them accountable, for example environmental protections and government regulation of the financial industry practices that led the nation into a deep recession.

This In Focus provides an introduction to a select group of right-wing candidates who hope to ride a wave of toxic Tea Party anger into the U.S. Senate. The potential impact of a Senate with even half of these DeMint-Palin acolytes would be devastating to the Senates ability to function and the federal governments ability to protect the safety and well-being of American citizens.

Be sure to read the whole thing.
 

PFAW

The Right Wing Immigration Playbook Gets Scary

We reported earlier this year on the whisper campaign strategy we expected from the right wing in its effort to defeat comprehensive immigration reform, and since then we’ve seen exactly that--fringe extremism met with tacit acceptance by the mainstream.

We saw that strategy at work in Arizona, where an extreme-right state senator convinced the entire state government to hop on board an anti-immigrant plan that sanctioned racial profiling, hampered local law enforcement, and created a culture of fear for Latinos in the state.

But I don’t know if we expected anything as scary as we’re seeing this week.

Yesterday, the New York Times reported that an anonymous group had circulated a list to media outlets and government officials containing the names, birth dates, addresses, and telephone numbers of 1,300 Utah residents who, they said, they “strongly believe are in this country illegally and should be immediately deported.” The list also included the due dates of pregnant women.

The release of the list has caused residents who are here legally as well as those without documentation to fear retaliation by self-appointed immigration enforcers.

Today, Think Progress reported a similar fear tactic in Arizona, where someone pretending to be a sheriff has sent letters to businesses and individuals telling them in an intimidating tone to “take heed” of the state’s new draconian anti-immigrant policy.

Both of these incidents involved anonymous groups of individuals, not government officials (though Utah officials suspect government employees might have been involved in leaking the personal information to the list). In both cases, state and local authorities are looking into who is responsible.

These incidents have been disturbing, but what is even more disturbing is the right’s silence in response. Utah’s governor, Gary Herbert, has expressed his disapproval of the Utah list, but few right wing leaders have joined him in speaking out against it. A spokesman for the Utah chapter of the Minuteman Project went so far as to say he thought the release of the list was a good idea, as long as the information on it was accurate.

If right wing leaders don’t condemn these tactics of intimidation, they tacitly condone them. And they can’t claim to be interested in real reform if they stand by silently while fringe groups incite hatred and fear.
 

PFAW

Marriage Equality Bill Introduced in DC

DC Councilman David Catania introduced a bill on Tuesday that will end discrimination against same sex couples who wish to marry in the nation's capital. The District already recognizes same-sex marriages performed in other jurisdictions, but the new proposal will allow the nuptials to take place in the city.

The bill is expected to pass the 13-member city council, and it is supported by DC Mayor Adrian Fenty. In spite of this strong support in the city, outsiders will once again focus on denying marriage equality to DC residents.

Harry Jackson, Bishop of the Hope Christian Church in Maryland, is once again vowing to bring the issue to the ballot. As PFAW has reported, Jackson is an ardent supporter of homophobic ballot initiatives; this time he has the support of the Catholic Archdiocese of Washington, Colorado-based Focus on the Family, and the National Organization for Marriage.

In addition, Rep. Jason Chaffetz (R-Utah), who failed at derailing the marriage recognition bill from over the summer, has expressed interest in overturning DC law again, though he admits it is unlikely that Congressional Republicans will be able to muster enough support to do so.

 

PFAW

New Senate Can Deliver Some Quick Victories

A Washington Post article today points out that even not counting the two yet-undecided Senate contests in MN and GA, the Democrats could have the filibuster-proof 60 votes to move several key pieces of legislation by picking up a few Republicans. The article highlights several possible bills - two of which are civil rights bills of particular interest to People For the American Way.

First up: DC Voting Rights. The right of voters to be fully represented in Congress is paramount to the health of our democracy. Shamefully, the institutional disenfranchisement of Americans is probably most egregious in our nation’s capital, where 600,000 taxpayers have a congressional representative with no voting power.

Voting rights in Congress for the District of Columbia is another example. Legislation to expand the House of Representatives from 435 to 437 seats by giving the District and Utah an additional vote each were three votes shy of the 60 needed to end a filibuster in September 2007. Eight Republicans voted with the Democratic majority, which is 51 to 49 and includes two independents.

In addition, the Lilly Ledbetter Fair Pay Act - for which People For the American Way was far out front in leading the fight - could have the support it needs to correct a terrible Supreme Court decision (a decision supported by both of President Bush's right-wing Supreme Court nominees, Chief Justice Roberts and Justice Alito).

In April, 50 Democrats and six Republicans supported legislation that would have amended the 1964 Civil Rights Act by allowing more time for workers to file discrimination complaints. Five new Democrats will be replacing Republicans who opposed the legislation named after Lilly Ledbetter, the female employee who lost her suit against Goodyear Tire and Rubber over discrimination claims. The Supreme Court ruled that Ledbetter should have filed her claim within six months of the alleged incidents.

PFAW