Abortion

Roberts Court Strikes Down Clinic Buffer Zone Law

With the Chief Justice writing the majority opinion, the Roberts Court votes to strike down a Massachusetts clinic buffer law.
PFAW Foundation

Far Right Poised to Reverse a Century of Progress with Romney's Court

Far right scholars are eager for a Romney victory, because his Supreme Court would turn their cramped vision of the Constitution into reality.
PFAW

Obama Talks About the Supreme Court

The president discusses the consequences if the next Supreme Court justices are chosen by Mitt Romney.
PFAW

Richard Mourdock and the Supreme Court

If Mitt Romney wins the election, his Supreme Court justices would empower far-right politicians like Richard Mourdock to codify their religious beliefs into law.
PFAW

Richard Mourdock's Religion Trumps Everyone Else's

The GOP candidate's explanation for why he'd outlaw abortion in the case of rape raises serious questions about the role of religion in making government policy.
PFAW

VP Debate Highlights the Importance of the Supreme Court

Joe Biden spells out the danger of a Supreme Court with Romney justices hand-picked by the infamous Robert Bork.
PFAW

Virginia Senate passes less terrible, but still terrible, mandatory ultrasound bill

Last week, Virginia Gov. Bob McDonnell buckled under nationwide pressure and forced his allies in the state’s legislature to revise a bill they had passed mandating forced, medically unnecessary transvaginal ultrasounds for women seeking abortions. That the bill was tweaked to no longer require women to be vaginally penetrated without their consent – a requirement that McDonnell, until he was met with a national outcry, was all set to sign into law -- was an important victory for pro-choice and common-decency activists.

But we need to remember just how far anti-choice politicians are willing to go. Just a few years ago, before the War on Women kicked into full swing, we wouldn’t have known that we’d have to be fighting state-mandated vaginal probes. In fact, just a few years ago, the amended bill passed by the Virginia Senate today would have been seen as extreme in itself.

The bill that the Virginia Senate passed in a 21-19 vote today requires all women seeking an abortion to first undergo a medically unnecessary external ultrasound – unless they can prove they are pregnant as a result of rape or incest.

It’s important to remember just how extreme the bill still is. Virginia Republicans are mandating that doctors perform a medically unnecessary procedure whether or not their patient requests it, unless that patient can produce a police report to prevent it. It creates a situation that’s ethically difficult for doctors and absolutely demeaning for women.

If Gov. McDonnell signs the bill, which he is expected to do, Virginia will join seven other states that currently require pre-abortion ultrasounds.
 

PFAW

Santorum Says He Doesn’t Want to Impose His Values on the Rest of Us

On Meet the Press yesterday, David Gregory questioned GOP presidential frontrunner Rick Santorum about the social issues – opposition to reproductive choice and gay rights – on which he has built his career. Stunningly, Santorum denied that he has focused on social issues and claimed, “There’s no evidence at all that I, that I want to impose those values on anybody else.”

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FMR. SEN. SANTORUM: It's so funny. I get the question all the time. Why are you talking so much about these social issues, as they, as, as people ask about me about the social issues.
MR. GREGORY: Senator, no, wait a minute.
FMR. SEN. SANTORUM: Look, the...
MR. GREGORY: You talk about this stuff every week. And by the way, it's not just in this campaign.
FMR. SEN. SANTORUM: No, I talk about, I talk...
MR. GREGORY: Sir, in this campaign you talk about it. And I've gone back years when you've been in public life and you have made this a centerpiece of your public life. So the notion that these are not deeply held views worthy of question and scrutiny, it's not just about the press.
FMR. SEN. SANTORUM: Yeah, they, they are deeply held views, but they're not what I dominantly talk about, David. You're taking things that over a course of a 20-year career and pulling out quotes from difference speeches on, on issues that are fairly tangential, not what people care about mostly in America, and saying, "Oh, he wants to impose those values." Look at my record. I've never wanted to impose any of the things that you've just talked about. These are, these are my personal held religious beliefs, and in many forums that I, that, that are, in fact, religious, because I do speak in front of church groups and I do speak in these areas, I do talk about them. But there's no evidence at all that I, that I want to impose those values on anybody else.


This is, of course, a bunch of baloney. While Santorum has spent a lot of time in his presidential campaign talking up regressive tax policies, irresponsible deregulation and anti-environmentalism, the core of his brand has always been social conservatism. His campaign has consistently and explicitly distinguished his anti-choice, anti-gay record with Mitt Romney’s in order to successfully appeal to culture-warring voters.

Santorum has also never shied away from wanting to “impose” his far-right values on the rest of the country. In a 2005 interview with NPR, for instance, he railed against the libertarian wing of the Republican party, saying, “They have this idea that people should be left alone, be able to do whatever they want to do. Government should keep our taxes down and keep our regulation low and that we shouldn't get involved in the bedroom, we shouldn't get involved in cultural issues, you know, people should do whatever they want. Well, that is not how traditional conservatives view the world.”

And here he is at a Republican debate in November discussing how our civil laws must “comport with God’s law”:

The former senator has said that states should be allowed to outlaw birth control and gay relationships, but supports the federal law banning recognition of legal same-sex marriages. He supports so-called “personhood” laws, which would not only outlaw all abortions regardless of circumstances, but would jeopardize legal access to contraception. He says that as president, he would reinstate Don’t Ask, Don’t Tell, putting the careers of openly gay members of the military at risk. Yet he says he doesn’t want to “impose” his far-right values on the rest of us.

Santorum’s interview on Meet the Press is far from the first time he’s claimed that he’s not overly interested in social issues. PFAW’s Right Wing Watch found a speech he gave in 2008 in which he claimed that it’s liberals who have made sex an issue on the campaign trail. For liberals, he said, politics “comes down to sex” and that the Democratic Party has become “the party of Woodstock.”:

And it’s just insidious. And it’s most of the time focused on the sexual issues. If you’re a hard-core free-market guy, they’re not going to call you “zealous”. They’re not going to call you “ultra-conservative”. They’re not going to do that to you.
It comes down to sex. That’s what it’s all about. It comes down to freedom, and it comes down to sex. If you have anything to with any of the sexual issues, and if you are on the wrong side of being able to do all of the sexual freedoms you want, you are a bad guy. And you’re dangerous because you are going to limit my freedom in an area that’s the most central to me. And that’s the way it’s looked at.
...
Woodstock is the great American orgy. This is who the Democratic Party has become. They have become the party of Woodstock. The prey upon our most basic primal lusts, and that’s sex. And the whole abortion culture, it’s not about life. It’s about sexual freedom. That’s what it’s about. Homosexuality. It’s about sexual freedom.
All of the things are about sexual freedom, and they hate to be called on them. They try to somehow or other tie this to the Founding Father’s vision of liberty, which is bizarre. It’s ridiculous.
 

 

PFAW

Norton Thanks Issa for Pulling DC Bill

Yesterday we reported how eager Representative Darrell Issa was to override DC’s home rule when he introduced a bill to mandate new DC hiring practices. Just hours later, he pulled his bill off the markup schedule for his committee, where it had been fast-tracked. DC Delegate Eleanor Holmes Norton:

Congresswoman Eleanor Holmes Norton (D-DC) called Oversight and Government Reform Committee Chairman Darrell Issa (R-CA) today to thank him for pulling his bill on District of Columbia hiring practices, after D.C. Council Chairman Kwame Brown called and assured Issa that the city was moving forward with its own hiring reform legislation. During an affable phone conversation, Norton told Issa that she has long advised members of Congress who have concerns about local D.C. laws to speak directly with the mayor, council chair, or her regarding their concerns rather than to introduce legislation, and that she hopes that other Members will follow Issa’s example in this case of working directly with the city to address their concerns.

We must still remain vigilant in the House, because as Delegate Norton points out:

The current House Republican majority has been less open to working with the District and instead has moved aggressively on anti-home-rule legislation.

And in the Senate, remember that PFAW is still calling for a clean funding bill, and urges everyone to send the same message to the Senate.

PFAW

UPDATE: PFAW to Senate GOP: Leave DC alone

Last month, PFAW strongly encouraged the Senate Appropriations Committee to approve a clean DC appropriations bill. Now the fight continues in the Senate, where this week we expect the consideration of a “minibus” appropriations package including DC.

PFAW renews its call for a clean bill, and urges everyone to once again send the same message to the Senate.

DC residents and their elected officials should be the ones who determine what is best for their city, without the meddling of a Congress in which they have no vote. For a party that claims to be focused on getting the federal government out of people’s lives, many Republicans have been astoundingly eager to override DC’s home rule.

On the House side, Representative Darrell Issa is showing how eager he is to do just that. Representative Issa has introduced a bill to mandate new DC hiring practices, and he’ll mark up that bill in his committee on Thursday morning.

Seriousness of recent DC scandals aside, Representative Issa fails to recognize that this is a DC problem, one that DC itself is already investigating through the city council, the Office of Campaign Finance, and the US Attorney. DC Delegate Eleanor Holmes Norton:

The bill represents a significant escalation of Republicans’ relentless attacks this Congress on the District’s right to self-government . . . [It] will not pass the committee quietly, and if it makes it to the House floor, we will make it very clear that Republicans, who profess to support local control of local matters, are focused on partisan, ideological fights, not addressing Americans’ top priority: jobs.
PFAW

Resurrecting Lochner

Right-wing columnist George Will has a column this morning filled with deception and misdirection on the Supreme Court's infamous Lochner decision. Lochner was the decision in which arch-conservative Supreme Court Justices struck down New York's law setting a maximum work week for bakers (six days a week, ten hours a day).

Because of their much greater economic power, employers in New York had been able to compel employees to agree to terrible working conditions. The Lochner Court, seeking a way to impose its own economic and social policies, decided that the law violated the individual baker's constitutional right to freely contract his labor. As manipulated by these Justices, the Constitution enshrined the "right" of the powerless individual to remain powerless in the face of oppression.

Lochner has come to represent the far-right Court's use of the Constitution to impose its own preferred economic and policy goals. The Lochner era saw the Court strike down laws limiting child labor, setting a minimum wage and protecting union rights, all in the name of the Constitution.

Such wild judicial activism has been thoroughly discredited since the 1930s. But as the Roberts Court increasingly chooses to legislate from the bench to protect Big Business, forces of the Right are going so far as to seek to resurrect Lochner. Will writes that

Since the New Deal, courts have stopped defending liberty of contract and other unenumerated rights grounded in America's natural rights tradition. These are referred to by the Ninth Amendment, which explicitly protects unenumerated rights "retained by the people," and by the "privileges or immunities" and "liberty" cited in the 14th Amendment.

Reading that, you would never know that it is conservatives and not liberals who for decades have tossed the Ninth and Fourteenth Amendments in the trash heap by claiming that if a right is not specifically enumerated in the Constitution, then it does not exist. Conservatives have heaped scorn on the idea that the Constitution protects the right to privacy. How many times have they said that the word "abortion" doesn't appear in the Constitution, as if that was at all relevant?

And the idea that the Supreme Court has "stopped defending the liberty of contract" is absurd. What it has done is stop misusing the liberty of contract to strike down consumer and employee protections.

During the First Gilded Age of the late 18th and early 19th centuries, American society had evolved significantly from our nation's founding. With the unprecedented consolidation of wealth, large corporations and their owners and managers dwarfed individuals in power in a way that our nation had never seen before. In addition, we were changing from an agricultural nation of independent farmers and small merchants into an industrial nation where millions of people began to rely on wage labor with vastly more powerful employers for survival.

Fortunately, the Constitution protects individuals from enthrallment to the powerful, whether it is a government or a private actor holding the whip. In the latter case, it empowers Americans to consolidate our power – through government – to accomplish that which individuals cannot do, including countering the otherwise unbridled power that economic forces have granted to some.

The corporate-funded Tea Party movement is perhaps the most visible effort to discredit the idea that Americans have the constitutional right to prevent giant corporations from oppressing workers, destroying the environment, and endangering consumers at will. The Constitution is not a tool to be wielded against Americans in the service of a developing and growing plutocracy; it's a shield to ensure all Americans have equal rights and protections under the law.

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

Rick Perry: Uniting the Really Far Right and the Really, Really Far Right

Cross-posted from the Huffington Post

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

Wisconsin Recall Round-Up: Post-Election Edition

Last night, voters sent a message to Scott Walker and his corporate, right-wing allies. They told him that Wisconsinites won’t sit back and let him attack working families to score political points. They told him they’re not going to swallow his misleading claims about wanting to balance the budget when he gives tax breaks to big corporations and the wealthiest individuals- while cutting funds for those that need them most. And most of all, they told him that his actions will have consequences. Four incumbent Republicans may have survived this election, but there’s no way they or Scott Walker slept soundly last night, knowing that when they betray the needs of their constituents, the people notice--even in the Republican-leaning districts we won last night.

 

To round up the results, four districts saw the Republican incumbent fend off their challengers: Luther Olsen in SD-14 (by only 2000 votes), Robert Cowles in SD-02, Sheila Harsdorf in SD-10 and Alberta Darling in SD-08. Two districts will see new Democratic State Senators: Jessica King in SD-18 and Jennifer Shilling in SD-32. That narrows the Republican majority to 17-16 in the State Senate, in the biggest win in Wisconsin recall history. We Are Wisconsin built an amazing field operation which will be crucial in future elections: with the capability to knock on over 90,000 doors on Election Day alone, the groundwork laid by their campaign is impressive enough even beside our two gains.

 

Today, I didn’t wake up feeling disappointed or hopeless because we didn’t take back the State Senate. I woke up thinking of the threat to collective bargaining rights in Ohio and extreme anti-choice legislation in Kansas; I woke up thinking of the corporate ALEC agenda being pushed across the country; and I woke up thinking of struggling Americans with no health insurance, couples without equal rights and millions of unemployed workers who need jobs.

 

Last night, we won two new seats for the Democrats in the Wisconsin State Senate and showed that the people have a voice. Next Tuesday, we’re working in SD 12 and 22 to defend Jim Holperin and Bob Wirch. I  don’t know about you, but we’re not done fighting yet.

PFAW

Taking it Back to 1987, Mitt Romney Teams Up with Judge Bork

Mitt Romney yesterday announced the members of his campaign’s legal advisory team, which will be led by none other than Robert Bork.

This is interesting because Judge Bork’s views of the law and Constitution were so extreme that his 1987 Supreme Court nomination was rejected by the Senate.

Here’s the TV spot People For the American Way aired about Bork at the time:

Among the reasons PFAW, the United States Senate, and the American people concluded that Bork was not suitable for a seat on the nation’s highest court:

  • Bork rejected the idea of a constitutional right to privacy – the basis for our freedom to use contraception, choose whether to have an abortion, and engage in private consensual sexual activity – putting him far to the right of most sitting Supreme Court justices.
  • He regularly interpreted the law to favor the powerful, to the particular detriment of women and people of color, including opposing the Civil Rights Act and claiming that the Equal Protection Clause does not apply to women.

As another Massachusetts political leader, Sen. Edward Kennedy famously put it:

Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.

America is a better and freer nation than Robert Bork thinks.

And in the years after his failed Supreme Court nomination, Bork kept on reminding us of why he would have been a disastrous Supreme Court Justice. From a 2002 PFAW report:

Robert Bork has carved out a niche for himself as an acerbic commentator on the Supreme Court, as well as various cultural issues. In fact, to Bork the two topics are closely related and the Supreme Court’s “illegitimacy” and its departure from the Constitution are in many ways responsible for our growing “cultural depravity.”

According to Bork, we are rapidly becoming a fragmented society that has totally lost its nerve and is now either unwilling or unable “to suppress public obscenity, punish crime, reform welfare, attach stigma to the bearing of illegitimate children, resist the demands of self-proclaimed victim groups for preferential treatment, or maintain standards of reason and scholarship.” Abortion, technology, affluence, hedonism, and modern liberalism are gradually ruining our culture and everywhere you look “the rot is spreading.”

Bork has denounced the public education system that “all too often teaches moral relativism and depravity.” He considers sensitivity training to be little more than “America’s version of Maoist re-education camps.” He has shared his fear that recognition of gay marriage would lead to accommodation of “man-boy associations, polygamists and so forth.” And he has criticized the feminist movement for “intimidat[ing] officials in ways that are destructive of family, hostile to masculinity, damaging to the military and disastrous for much education.”

It appears as if almost everything within contemporary culture possesses the capacity to offend Bork. He attacks movies for featuring “sex, violence and vile language.” He faults television for taking “a neutral attitude toward adultery, prostitution, and pornography” and for portraying homosexuals as “social victims.” As for the art world, most of what is produced is “meaningless, uninspired, untalented or perverse.” He frets that the “pornographic video industry is now doing billions of dollars worth of business” and the invention of the Internet will merely result in the further indulgence of “salacious and perverted tastes.” When it comes to music, “rock and rap are utterly impoverished … emotionally, aesthetically, and intellectually.”

More to the point, Bork is not content merely to criticize; he wants the government to do something about it. “Sooner or later,” he claims “censorship is going to have to be considered as popular culture continues plunging to ever more sickening lows.” So committed is he to this cause that he dedicated an entire chapter in his 1996 book Slouching Toward Gomorrah to making “The Case for Censorship.” In it, he advocates censoring “the most violent and sexually explicit material now on offer, starting with obscene prose and pictures available on the Internet, motion pictures that are mere rhapsodies to violence, and the more degenerate lyrics of rap music.”

When asked by Christianity Today about how he would decide what should and should not be censored, Bork announced: “I don’t make any fine distinctions; I’m just advocating censorship.” He went on to argue that the United States has a long history of censorship, and that such censorship “didn’t suppress any good art, it didn’t eliminate any ideas.” He goes on to state that, were individuals to decry such censorship as inhibiting their individual liberty or right to express themselves, he would reply “… yes, that is precisely what we are after.”

In choosing Bork to head his legal team, Mitt Romney is sending a clear message to the farthest right of the Right Wing... \and reminding us all that our 2012 vote for president is also a vote for the Supreme Court for the next generation.

PFAW

Last abortion clinics in Kansas shut their doors

Abortion is legal in the United States. But as of tomorrow, there will be one state where you can’t get one.

Tomorrow is when Kansas’s new TRAP (targeted regulation of abortion providers) regulations will go into place, forcing every abortion clinic in the state to close because none can meet the state’s onerous new rules. The AP elaborates:

The regulations tell providers what equipment and drugs they must stock and set space and temperature requirements for procedure and recovery rooms.

For example, rooms where abortions are performed to have at least 150 square feet of space, excluding fixed cabinets, and to keep their temperatures between 68 and 73 degrees. Each procedure room also must have its own janitor's closet with at least 50 square feet.

TRAP laws are one of the most effective ways states have to eliminate access to abortion without outright banning it. Proponents often say they are concerned with the safety of patients, but the substance of the regulations imply otherwise. Abortion is one of the safest medical procedures available – with or without a 50 square foot janitor’s closet available next door.

On the other hand, illegal abortions are incredibly dangerous. As states shut out opportunities for women to access and pay for safe and legal abortion procedures, more and more women may be driven to seek dangerous, illegal procedures.

For more on TRAP laws and other ways state legislatures are trying to make abortion all but illegal, take a look at our report on the war on women in the states.
 

UPDATE: In a last minute decision, one clinic will be allowed to stay open.

PFAW

After Long Delays, Senate Confirms 3 DOJ Nominees

The Senate today confirmed three of President Obama’s nominees to fill long-vacant posts in the Justice Department, including, at long last, a leader for the DOJ’s Office of Legal Counsel.

The Senate confirmed attorney Virginia Seitz to head the Office of Legal Counsel, which hasn’t had a permanent, Senate-confirmed head since 2004. President Obama’s first nominee to fill the position, the well-respected and highly qualified law professor Dawn Johnsen, came under fire from Republicans for her support of abortion rights and opposition to torture, and withdrew her nomination last year after over a year of obstruction and gridlock

The OLC essentially acts as the White House’s private law firm, advising the president and executive branch agencies on the constitutionality of their actions

Besides Seitz, James Cole was confirmed to serve as Deputy Attorney General, a position that has been vacant since February 2010, and Lisa Monaco was confirmed to lead the DOJ’s National Security Division, which has been vacant since March.

PFAW