American Way

Maine Becomes Latest State to Make Gay Marriages Legal

Today, Maine became the latest state to affirm the freedom to marry for same-sex couples, joining Massachusetts, Connecticut, Iowa, and Vermont when Gov. John Baldacci signed into law LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom. People For the American Way applauds Gov. Baldacci for recognizing that this is about fairness and equal protection under the law for all citizens of Maine. In a public statement, Gov. Baldacci said:

“In the past, I opposed gay marriage while supporting the idea of civil unions. I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.

“Article I in the Maine Constitution states that ‘no person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person’s civil rights or be discriminated against.’

“This new law does not force any religion to recognize a marriage that falls outside of its beliefs. It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State.

“It guarantees that Maine citizens will be treated equally under Maine’s civil marriage laws, and that is the responsibility of government.”

This news comes a day after the D.C. Council voted 12-1 to recognize same-sex marriages performed in other states. Congratulations to the Maine Legislature and all those who are working hard to make fairness and equality for same-sex couples in Maine a reality.

PFAW

Justice Souter to Retire at the End of the Term

Ending months of speculation, several news outlets reported last night Supreme Court Justice David Souter is planning to retire at the end of the term, after 19 years on the bench. People For the American Way released a statement expressing gratitude Justice Souter’s years of service to the Court, and called on President Obama to nominate “someone who can continue his work to defend our personal freedoms and ensure that every person has equal access to justice.”

On the campaign trail, then-Sen. Obama, a former constitutional law professor, told Wolf Blitzer of CNN “I I think that my first criteria is to make sure that these are people who are capable and competent, and that they are interpreting the law. And, 95 percent of the time, the law is so clear, that it's just a matter of applying the law. I'm not somebody who believes in a bunch of judicial lawmaking.” An excerpt from the transcript:

What you're looking for is somebody who is going to apply the law where it's clear. Now, there's going to be those 5 percent of cases or 1 percent of cases where the law isn't clear. And the judge then has to bring in his or her own perspectives, his ethics, his or her moral bearings. …

That's been its historic role. That was its role in Brown vs. Board of Education. I think a judge who is unsympathetic to the fact that, in some cases, we have got to make sure that civil rights are protected, that we have got to make sure that civil liberties are protected, because, oftentimes, there's pressures that are placed on politicians to want to set civil liberties aside, especially at a time when we have had terrorist attacks, making sure that we maintain our separation of powers, so that we don't have a president who is taking over more and more power.

I think those are all criteria by which I would judge whether or not this is a good appointee.

Well put, Mr. President. November’s election results were a mandate to President Obama to appoint judges committed to justice, equality, and opportunity for all Americans.

Soon after the election, People For the American Way Foundation hosted a panel called “Beyond the Sigh of Relief: Justices in the Mold of Marshall and Brennan.” It’s newly relevant, so take a look.
 

PFAW

NAMUDNO In the Supreme Court

This morning the Supreme Court heard oral argument in the case of Northwest Austin Municipal Utility District Number One v. Eric Holder, a case involving a small municipal district in Austin, Texas seeking to invalidate a key provision of the Voting Rights Act of 1965 - one of the most important civil rights laws in American history.

With the passage of the Voting Rights Act, Congress finally acted to prevent discriminatory tactics designed to prevent minorities from exercising their fundamental right to vote. Section 5, in particular, is the centerpiece of the Act, and requires certain covered jurisdictions where voting discrimination has been the most flagrant to seek a preclearance from the Justice Department or a three-judge panel of the federal court in DC for any voting related changes. According to the statute, preclearance will be given as long as the proposed change does not have the purpose or the effect of denying or infringing on the right to vote because of one’s race or color.

In this case, the party seeking to invalidate Section 5 is a municipal utility district in Travis County, Texas, that conducts elections to select the members of its board of directors. Because the State of Texas is a covered jurisdiction, the district is subject to the preclearance requirements of Section 5, and sought relief under the Act’s bailout provision in federal court in the days following the reauthorization of the Act in 2006. Alternatively, the utility district sought to invalidate the provision if it could not bailout from its requirements. It failed on both counts in the courts below.

Today’s arguments confirm that Justice Kennedy again holds the deciding vote on whether the Court will weaken or invalidate a provision upheld by the very same Court four times in the past.

To those who argue that Section 5 is no longer needed because racial discrimination no longer exists, as evidenced by the election of the country’s first African American president, look at the facts. Because of Section 5’s sunset provisions, Congress was required to re-examine whether the statute is needed and last conducted an examination of this type in 2006. The House and Senate Judiciary Committees held a combined 21 hearings over 10 months and received testimony from over 90 witnesses, including state and federal officials, experts and private citizens. And although they concluded that significant progress had been made, they recognized that “[d]iscrimination today is more subtle than the visible methods used in 1965” and concluded that discrimination continues to result in “a diminishing of the minority community’s ability to fully participate in the electoral process and to elect their preferred candidates of choice.” Congress voted 390-33 in the House and 98-0 in the Senate that, among other things, Section 5 was still necessary.

We hope that Justice Kennedy will remember the extensive record finding Congress performed in 2006 and remember his words earlier this year when he wrote in Bartlett v. Strickland, “Still, racial discrimination and racially polarized voting are not ancient history. Much remains to be done to ensure that citizens of all races have equal opportunity to share and participate in our democratic processes and traditions. . .”


Deborah Liu is General Counsel to People For the American Way, which is a defendant-intervenor in the case.

PFAW

Legal Scholars Speak out to Support Dawn Johnsen

People For the American Way co-hosted a press call on 4/27 concerning the nomination of Dawn Johnsen to head the Office of Legal Counsel.

We were joined by Walter Dellinger, Solicitor General and head of the Office of Legal Counsel under President Clinton, Douglas Kmiec, head of the Office of Legal Counsel for Presidents Reagan and George H.W. Bush, and Aviva Orenstein, an Indiana University law professor and longtime colleague of Dawn Johnsen.

All three vouched for Johnsen's legal acumen and commitment to the rule of law and expressed disbelief that Senate Republicans were attempting to block her nomination.

You can listen here:

 
The Washington Post reported on the call -- "Scholars Urge Confirmation of Johnsen to OLC" -- along with progressive bloggers like Christy Hardin Smith and Armando LLorens who have reported extensively on the Johnsen nomination: "The War Against Dawn Johnsen" and "Kmiec Calls Out “Rank Politics” Against Dawn Johnsen’s OLC Nod."

The call was co-hosted by the Alliance for Justice, National Women's Law Center, and NARAL Pro-Choice America.

PFAW

Kathleen Turner Speaks Out for Dawn Johnsen

People For the American Way Foundation board member Kathleen Turner posted a piece today on the Huffington Post making a forceful case for confirming Dawn Johnsen as the head of Office of Legal Counsel.

To restore integrity and respect for the rule of law to the Department, President Obama has nominated an inordinately qualified individual - Dawn Johnsen - who is now being attacked by Republicans and her right-wing allies for having the nerve to criticize Bush administration excesses. They're faulting her for criticizing OLC opinions that the Bush administration itself repudiated. In other words, she's being pilloried for having the very integrity and respect for the rule of law that the Bush OLC so clearly lacked.

If you want to speak out to support Dawn Johnsen’s confirmation, don’t forget to sign the petition.
 

PFAW

What a Day for Marriage!

As we hope you’ve already heard, champagne corks are popping in Vermont where both houses of the state legislature successfully overrode the Governor’s veto of same-sex marriage legislation. And for those of us in DC, marriage equality is a step closer now that the District’s City Council enacted legislation to recognize same-sex marriages performed in other states.

We’re exceptionally proud of the fact that the legislation granting marriage equality in Vermont was co-sponsored by a member of People For the American Way Foundation’s Young Elected Officials Network, Representative David Zuckerman.

And he’s just one of the YEOs doing great work for LGBT rights nationwide. You can read about other members working hard for equal rights for all in the most recent YEO Newsletter.

PFAW

Iowa Marriage Decision Recognizes Religious-Civil Distinction

People For the American Way Foundation's recent Right Wing Watch In Focus report documented the deceptive ways that Religious Right leaders blur the distinction between civil and religious marriage in order to convince Americans that marriage equality is a threat to religious liberty. Today's thrilling unanimous Iowa Supreme Court decision that it is unconstitutional to deny marriage to same-sex couples in the state included a powerful and respectful section on the same topic. Here's how it concludes:

In the final analysis, we give respect to the views of all Iowans on the issue of same-sex marriage—religious or otherwise—by giving respect to our constitutional principles. These principles require that the state recognize both opposite-sex and same-sex civil marriage. Religious doctrine and views contrary to this principle of law are unaffected, and people can continue to associate with the religion that best reflects their views. A religious denomination can still define marriage as a union between a man and a woman, and a marriage ceremony performed by a minister, priest, rabbi, or other person ordained or designated as a leader of the person’s religious faith does not lose its meaning as a sacrament or other religious institution.

The sanctity of all religious marriages celebrated in the future will have the same meaning as those celebrated in the past. The only difference is civil marriage will now take on a new meaning that reflects a more complete understanding of equal protection of the law. This result is what our constitution requires.

PFAW

Obama DOJ Invokes State Secrets For Second Time

This Washington Post recently had a story on a second instance of the Obama Department of Justice invoking "state secrets" in an effort to shut down a lawsuit challenging violations by the Bush Administration of individuals' constitutional rights.

The first instance, in February, came in the case of Mohamed et al. v. Jeppesen, a suit challenging a company's alleged participation in the rendition of terrorism suspects to countries where they suffered torture. At that time, People For the American Way decried the "blow to our much-needed efforts to restore justice." This time the lawsuit involves allegations by the al-Haramain Islamic Foundation that the federal government used warrantless wiretaps to gather information on the charity's board members and attorneys in violation of their due process and free speech rights.

The Post story reports that in addition to invoking the state secrets privilege to terminate the lawsuit -- thereby denying the charity its day in court -- the Justice Department is also threatening to remove the documents from the district court's custody to keep them out of the hands of the charity's lawyers. No doubt there must be a careful balancing of competing interests in these kinds of cases -- legitimate efforts to protect our nation's security versus holding the government accountable for violations of individuals' constitutional rights. But I must say the balancing that appears to be going on in these instances is making me pretty nervous.

PFAW

Kathryn Kolbert Talks Judges and GOP Hypocrisy on Air America Radio

People For the American Way president Kathryn Kolbert appeared recently on the David Bender Show on Air America to talk about President Obama’s judicial nominees.

 
Even before Obama nominated a single person, GOP Senators threatened to filibuster his nominees. These are the very same Senators who were pounding their fists over President Bush’s nominees and clamoring for the “nuclear option,” which would have obliterated the filibuster.
 
You can listen to the interview here:

PFAW

Obama Rebukes Radical Right on Stem Cells

The week started on a very positive note Monday morning with President Obama signing an executive order to overturn the ban on federal funding of embryonic stem cell research. It was a great step toward "restoring scientific integrity to health care policy," as one administration official phrased it. But it was a somewhat bittersweet for me as I remembered Christopher and Dana Reeve, who were such amazing champions for this issue and unfortunately passed away before being able to enjoy the moment. In fact, the order came only three days after the third anniversary of Dana's death on March 6.

When he died, Christopher Reeve was scheduled to participate in the upcoming edition of Justice Talking, a talk radio show I produced before a live audience at the Constitution Center in Philadelphia. His wife Dana joined us for the event. Both Christopher and Dana were very active with many progressive causes and organizations including People For the American Way.

Despite the scientific and medical communities' optimism about the cures embryonic stem cell research might produce and significant majorities of Americans supporting this research, the reaction of the Right's anti-choice zealots was less than jubilant. From Right Wing Watch:

"As expected, President Barack Obama overturned the Bush administration ban on using federal funds for embryonic stem cell research.  Needless to say, the Religious Right is livid: FRC called it a 'slap in the face'; Gary Bauer called it 'a tragedy'; Operation Rescue called it 'morally, unethical and fiscally irresponsible'; and others weighed in as well."

But perhaps the most absurd response was the comparison of stem cell research to eugenics by Fox News' Glenn Beck. Of course, right-wing talk show hosts crossing the line on this issue is nothing new. We can all remember Rush Limbaugh's sick attack on stem cell research advocate Michael J. Fox and his cruel mocking of the actor's Parkinson's disease symptoms. Limbaugh has long been part of the Right's misinformation campaign about this important scientific research.

The new administration's policy is a great step towards correcting our nation's path, not only because it's a victory for science and the economic competitiveness and medical breakthroughs this biotechnology can yield. It also marks a much-needed departure from the Religious Right being able to shove its views down the throats of all Americans via federal policy.

PFAW

NYT: Who's Filibustering Now?

Great editorial in New York Times this morning recognizing the hypocrisy of Senate Republicans threatening to filibuster President Obama's judicial nominees well before any are named and urging Senator Leahy to let the blue slip process -- under which senators get a way to block judicial nominees from their home state -- die quietly. The editorial very eloquently echoes some of the most important points People For the American Way has been making for weeks, and it is definitely worth reading.

When President George W. Bush was stocking the federal courts with conservative ideologues, Senate Republicans threatened to change the august body's rules if any Democrat dared to try to block his choices, even the least-competent, most-radical ones. Filibustering the president's nominees, they said, would be an outrageous abuse of senatorial privilege.

Now that President Obama is preparing to fill vacancies on federal benches, Republican senators have fired off an intemperate letter threatening -- you got it -- filibusters if Mr. Obama's nominees are not to their liking. Mr. Obama should not let the Republicans' saber-rattling interfere with how he chooses judges.

Read the whole article.

PFAW

The Right Re-Tools as 'Resistance Movement'

Another week, another clear example of who is pulling the strings in the Republican Party. On Monday, Republicans in the Senate -- all 41 of them -- sent a letter to President Obama all but demanding that he re-nominate three of President Bush's nominees and threatening filibusters if the president does not do what they want with his future judicial nominations.

It was only a few years ago that the GOP wanted to eliminate the judicial filibuster entirely, telling anyone who would listen that every judicial nominee deserved an up-or-down vote without exception. Apparently, the Senate Republicans have the collective memory of a goldfish.

Of course, these senators' attempt to force "bipartisanship" at gunpoint, to coerce the president with threats, is one giant pander to their extreme right-wing base. The Far Right wants to maintain conservative majorities on the most powerful courts in the country. And they want senators to do everything in their power to block judges that don't meet their strict litmus tests on everything from Roe v. Wade and gay rights to free speech and the separation of church and state -- and much more.

This is one more example in a long list of the GOP marching in lockstep to the Radical Right's orders in just the last few weeks:

  • In the spirit of Rush Limbaugh's clarion call to conservatives to hope for President Obama's failure, 100% of the Republican caucus in the House voted against the majority's stimulus package last month.
  • Some Senate Republicans have been following through on the Radical Right's challenges to the president's Department of Justice nominees, this week moving to delay a floor vote on the confirmation of David Ogden.
  • And earlier this week, RNC Chairman Michael Steele was forced apologize to the real leader of his party after making some comments seen as critical of Rush Limbaugh -- proving that Limbaugh and other extremists are calling the shots within the party.

People For the American Way just released a very timely Right Wing Watch In Focus on the status of the Radical Right's strength and influence (available here). Please read it and share it with your friends and fellow activists.

There has been much talk in the media about the Republican Party and even the Conservative Movement being lost in the wilderness. But the leadership vacuum is being filled with the most fringe elements of that side of the political spectrum. The Far Right is stronger than ever ... and the weakness of one of the major parties has provided a huge opportunity for them to assert that strength.

AND we've released our own take on Limbaugh's recent comments which is a must watch. Please take a moment to watch the video and then send a message to Rush telling him to GROW UP. Then tell your friends to check it out at www.BabyRush.org.

PFAW

Rebuild and Renew America Now

Yesterday, People For the American Way joined a growing coalition of organizations in support of President Obama's budget priorities. While People For doesn't "do" health care or housing or the environment, we do "do" equal opportunity and justice for all -- and that's what this bold and progressive budget is about. You can read the statement of support we joined here. The Rebuild and Renew America Now campaign has a lot of work ahead of it. I hope we all do our part to realize this budget's vision of an America that has turned its back on the "harsh trend of rising poverty, unemployment, hunger and homelessness."  

PFAW

Voter Caging Bill Introduced in the Senate

Today, Senator Sheldon Whitehouse (D-R.I.), along with 10 of his colleagues, re-introduced his bill – the “Caging Prohibition Act” – that if enacted, would prevent political operatives from removing eligible voters from voting lists based on inaccurate and unreliable information. Like the Deceptive Practices and Voter Intimidation Prevention Act, originally introduced by then Senator Barack Obama, the need for this bill became increasingly evident in the most recent federal elections where we have seen an increase in dirty campaign tricks aimed at suppressing the vote.

From the press release:

The Caging Prohibition Act, which was first introduced in the 110th Congress, would prohibit interference with registration or voting based solely on unreliable information, such as a "caging list." Caging is a voter suppression tactic in which a political party, campaign, or other entity sends mail marked "do not forward" to a targeted group of voters - often minorities or residents of minority neighborhoods. A list of those whose mail was returned "undelivered" is then used as the basis for challenges to the right of those citizens to vote, on the grounds that the voter does not live at the address where he or she is registered. There are many reasons that mail is returned undelivered, however; an eligible voter could be overseas on active military service or a student registered at a parent's address.

The Caging Prohibition Act would mandate that anyone who challenges the right of another citizen to vote must set forth the specific grounds for that voter's alleged ineligibility and describe the evidence to support that conclusion, under penalty of perjury. Following allegations in 2008 that Republican Party officials in Michigan, Florida, Indiana, and Ohio were considering challenging the eligibility of voters who were on a list of people whose homes were subject to foreclosure, the sponsors updated last year's version of the Caging Prohibition Act to explicitly prohibit challenges based on the foreclosure status of a voter's residence.

People For the American Way is committed to passing legislation that will increase the franchise and eliminate barriers to the ballot. This is what a true democracy is all about. While this country may have passed a threshold in the 2008 elections such that those working to decrease the franchise were overtaken by voting right advocates and the massive participation of voters, we must still be vigilant in protecting the franchise lest we repeat the electoral tragedies experienced during the 2000 and 2004 Presidential Elections. Senator Whitehouse’s voter caging bill is a welcome step in this process and we encourage all Senators to support this bill in a timely fashion so that we can protect the rights of all voters.

PFAW

Remembering Barbara Jordan

Every February, People For the American Way, along with the rest of the country, celebrates Black History Month. And this year, more than ever, it's humbling to see just how far our nation has moved. And how far we still have to go.

I'm proud that People For the American Way can point to its own history to demonstrate why Black History Month is relevant to people of all backgrounds. Barbara Jordan was the first African American woman to serve in the Texas State Senate, the first African American woman to represent a southern state in Congress, and one of the founders of People For the American Way.

In 1981, when U.S. Representative Barbara Jordan joined Norman Lear to form People For the American Way, they understood that the promise of our nation, that all men (and women) are created equal, was not just unrealized, but was under active attack. But instead of focusing on what was wrong with our country, they used their powerful, utterly unique voices to speak for America's highest ideals and to push forward towards a better America.

Rep. Jordan was an energetic advocate of our Constitution's core values of fairness and equality under law. She continues to be an inspiration in our work, and it's not an exaggeration to say that it's because of leaders like Barbara Jordan that we were all able to celebrate the inauguration of President Barack Obama last month.

But still, there are those who are intent on dragging us backwards. While the inauguration was still fresh in our minds, People For was forced to lead an aggressive campaign to help confirm President Obama's Attorney General nominee, Eric Holder -- the first African American to hold the position. After eight years spent undermining the crucial work of the Department of Justice, the Right is fighting hard to prevent the new administration from truly restoring justice at the DOJ. This is why Attorney General Holder's comments about the racism in America ring true to so many of us in this constant battle against those who would turn back the clock on civil rights. And just last week we all got an ugly reminder of this pervasive racism and racial insensitivity in America when the New York Post published an offensive cartoon depicting President Obama as a chimp getting shot by two white police officers. The cartoon literally included several layers of tastelessness: the comparison of our first African American president to an ape, what could be construed as an invitation for violence against the president AND the stirring up of racial issues with law enforcement in a city that has particularly sensitive recent history in that area.

Many have pointed out that the lack of diversity in senior management and on the editorial staff of the Post was a major contributing factor to how a cartoon like that could get published in the first place. That's why I'm proud that People For and our affiliate foundation have taken so seriously our mission to help promote diversity. It can be seen very clearly in People For the American Way Foundation's leadership development programs, the Young Elected Officials Network and Young People For, which are among the most diverse programs of their kind -- ever. And it can be seen in our groundbreaking efforts to promote equality for all, like with People For Foundation's work with African American ministers to combat homophobia in the Black Church.

We're working hard to make sure that civil rights remain a top priority for this administration, and fighting against those who are intent on erecting barriers to the ballot, not to mention advocating for a more just Supreme Court, organizing for marriage equality for all and defending religious liberty by maintaining the separation between church and state.

Barbara Jordan made clear that there are certain principles that are not negotiable, values she called "indigenous to the American idea." Opportunity. Fairness. Equality under law. Those are still the values that bind our community together, and every day we're moving closer to that nation that she envisioned.

PFAW

DC has a 200-year long line at the polls…but not for long

Long lines at the polls on Election Day are a problem not to be ignored. But imagine if you had been standing in line to vote since 1801. That’s where you’ll find the nearly 600,000 Americans living in DC. Thankfully, their 200-year wait is nearly over.

This morning the Senate brought DC one step closer to the ballot box by clearing a procedural hurdle placed in the way of the District of Columbia House Voting Rights Act of 2009 (S. 160). I was in the Capitol as 62 Senators cast votes in favor of moving this bill forward. By the end of the week, it may very well be in the hands of the House. Then it’s on to the President’s desk. President Obama is a strong supporter of DC voting rights and a former cosponsor of the bill, which would give DC a full Representative with the same voting power as other House members.

As I joined my colleagues who had gathered for the vote, I couldn’t help but think about my own journey to get to this point. DC voting rights has had a place in my portfolio for some time, and an even longer history with People For the American Way, an organization that has worked for years in the field and on Capitol Hill alongside DC Vote and its coalition in support of DC’s voting voice in Congress.

Today is a day of great celebration for all of us who belong to this movement, including those of you who have made calls, written letters, and visited Congress to say that House representation is long overdue for DC. Thank you for everything you’ve done.

But the fight is not yet over. The right-wing has S. 160 (and its House companion, H.R. 157) in its sight and will try to derail its progress. Contact your Representative and Senators to make sure they are on the right side of history when it comes to the rights of DC residents.

And the fight will not be over even when DC can cast a House vote. It is high time the nation’s capital be given both House and Senate representation, with voting power in both chambers.

PFAW

The Obstruction Strategy

On Wednesday night, I was thrilled to represent People For the American Way members and activists at a small White House reception. When meeting the President and First Lady, as well as Vice President Biden and his wife Jill, it really sunk in that, finally, progressives are no longer locked out as we were during the Bush administration. People For's seat at the table is the Obama administration's recognition of you and all your efforts, your passion and your activism, and our collective strength.

We will still need to organize and fight to achieve our goals, but so much more is possible now and it's good to know that we have a receptive audience. Our vigilance is needed to help make sure the administration does the right thing, but it's also needed because with this shift that I've just described, the Far Right has amplified its efforts to divide Americans and obstruct a progressive agenda.

Yesterday, People For the American Way released a Right Wing Watch In Focus report exposing the Radical Right's real intentions in their efforts to obstruct confirmation of President Obama's Department of Justice nominees:

"The rhetoric used in the attacks, documented extensively on RightWingWatch.org, suggests that the campaign may be less about actually stopping any of these nominees and more about getting right-wing activists, pundits, and lawmakers warmed up for similar attacks on eventual Obama nominees to the federal judiciary, and in particular to the U.S. Supreme Court."

This is more than just "playing politics." The DOJ is a vital branch of the government and these positions are critical to fill. Americans need to be able to put the past eight years of politicization and cronyism at the Department behind us and once again rely on the DOJ as a protector of our rights and values.

As I write this, the Justice Department is at the center of some serious legal matters pertaining to fundamental checks and balances. The Bush administration pushed most people's understanding of executive power to the limit and went significantly beyond. Some members of Congress did not take it lying down, asserting their constitutional authority and acting on their duty to check the president's power and cut through the extreme secrecy. But the process will be a long and intense one and we need a full team in place at Justice to help do the job.

The Senate must not delay in confirming all of the president's nominees, and first up, due to be voted on in committee next week, is Deputy Attorney General nominee David Ogden.

Ogden is incredibly well qualified, but the Right has attacked him because of his representation of American Library Association, the American Booksellers Association, and, yes, Playboy and Penthouse in First Amendment cases. They also went after him for arguing vigorously on behalf of a woman's right to choose and advocating that the U.S. follow the U.N. Convention on the Rights of the Child -- something that only the most fringe elements on the Right oppose.

But most of all, the Far Right is flexing its muscle in advance of judicial confirmation battles to come.

The Family Research Council has generated thousands of calls to the Senate in opposition to Ogden as a show of strength. It is absolutely necessary that senators not only hear from their side. Every senator needs to see that progressive activists are willing to stand up for constitutional values and weigh in on these fights. And they need to see it well in advance of Obama's first judicial nominations.

Please take a moment now to send an e-mail to your senators urging the swift confirmation of David Ogden as Deputy Attorney General.

Whether you live in a red state or a blue state, your senators need to hear from you. Even the most right-wing senators need to know that people in their states are spreading a counter message and are ready to hold them accountable.

Help Ogden achieve speedy confirmation for the sake of the DOJ AND to show senators that it's not only the Right that's strong.

PFAW

Rumors of their death...

Even before November's election, gallons of ink were being spilled to report the demise of the Religious Right. But, as Mark Twain might have said, rumors of the Right's death have been greatly exaggerated.

A small incident that was mostly ignored by the media gives a glimpse of the Radical Right's continued pull on Capitol Hill. Last week, People For's Right Wing Watch blog documented the evolution of a right-wing lie, starting with complaints by Pat Robertson's American Center for Law and Justice that a provision in the stimulus bill discriminated against people of faith (and was, specifically, anti-Christian). In fact the provision in the bill was standard language that barred the use of federal funds to construct buildings designed for religious worship or sectarian instruction and had no bearing at all on campus prayer.  Nevertheless, ACLJ's complaints bubbled up through the right-wing echo chamber and eventually became an amendment, offered by Senator DeMint of South Carolina, to strip the provision. The amendment was ultimately defeated, although by a less-than-comfortable margin. In the end, 43 senators, including some Democrats, voted with DeMint ... on an amendment that was based on nothing but the paranoid demagoguery of a fringe right-wing organization.

The right-wing message machine is firing on all cylinders too: aggressively targeting the Obama administration. It has already weighed in heavily on the economic stimulus plan, ensuring that there was no Republican support for the Obama plan during the House vote (and little more in the Senate), and Religious Right leaders are moving quickly to increase their influence within the Republican Party and at the state and local level.

Perhaps most dauntingly, the Right is laying the groundwork for future battles over judicial nominations. Some Right Wing leaders, including Family Research Counsel President Tony Perkins, have been very explicit about linking their current attacks on DOJ nominees to future obstruction of Obama judges. And if the current attacks are any indication, they'll throw everything they've got at the President's nominees to the bench. Deputy Attorney General-nominee David Ogden, for instance, represented groups defending the First Amendment (including the American Library Association and the American Booksellers Association), and is now being smeared as a "porn lawyer" for his efforts. Dawn Johnsen, President Obama's choice to head the Office of Legal Counsel, is being aggressively targeted because of her outspoken opposition to the Bush administration's support of torture, rendition, and warrentless spying -- to say nothing of her time on staff at NARAL Pro-Choice America.

People For the American Way and People For the American Way Foundation are out there every day -- pushing back on the Right's unyielding efforts. We're digging in our heels for 2009, ready to:

  • research, educate about and counter extreme claims of the Radical Right;
  • uphold and advocate for a progressive vision of the Constitution;
  • support the confirmation of progressive jurists and promote progressive legal theories while taking part in strategic litigation;
  • fight for equality for all, especially through the Foundation's work to combat homophobia in the Black Church; and
  • invest in progressive leadership.

You can help with these efforts by helping to expose the Radical Right in your community, and by staying abreast of right-wing trends by reading the Right Wing Watch blog (and signing up for regular Best of the Blog e-mail updates).

By standing with People For the American Way, you are standing against the undeserved influence of right-wing extremists in our politics and our culture. And I thank you for it.

PFAW

Dealing With the Right's Big Lies

We here at People For have been making the case since the November elections that even though the results were devastating for the Republican Party, they actually strengthened the Radical Right and increased its influence within the GOP. Republicans in Congress are now unabashedly taking their marching orders directly from right-wing demagogues and organizations ... even scarier: some Democrats seem to be falling in line as well.

Kyle at Right Wing Watch had two great posts yesterday on the Right's direct manipulation of some of the biggest current debates in Washington. He exposed how the targeting of President Obama's DOJ nominees is really being directed by the Family Research Counsel and other fringe groups and wrote about the outright lie started by Pat Robertson's American Center for Law and Justice (ACLJ) that a provision of the stimulus package -- now being debated in the Senate -- is an attack on people of faith.

The ACLJ’s water was carried by Senator Jim DeMint (R-SC) who actually offered an amendment to the stimulus package which would have stripped the 'controversial' provision -- the provision in question simply prevents the tax dollars being appropriated here from being used to support religion. So we had DeMint and others parroting lies on the Senate floor to support an amendment that had no legitimacy whatsoever.

And the amendment only failed by a close vote of 54-43 ... with several Democrats defecting and voting for DeMint's amendment!

Why did they defect? Well, in part, it's because President Obama's been sending them the wrong message about how to deal with the Religious Right. The other day, the president announced the creation of the White House Office of Faith-Based and Neighborhood Partnerships, but very conspicuously did not use the opportunity to rescind the Bush-administration policy making it legal for recipients of faith-based funding to discriminate in providing services.

Equivocation on very fundamental religious liberty issues will not help the country, and it will not help the president move his agenda. President Obama is starting to get angry – and rightly so -- at the people who are trying to derail his stimulus package. Most critics are trying to Republicanize the spending package to kill some very vital spending that would aid recovery and add more tax cuts. The president correctly states that the old supply-side economic policies of Reagan and Bush -- reckless tax cuts, cuts in spending where the economy needs it most, rampant and irresponsible deregulation -- were exactly the same policies that landed us in this economic mess to begin with. But now, some Democratic Senators are being cowed by the Rush Limbaugh-led Right into compromising on key parts of the stimulus plan.

Getting beyond partisanship is a lofty ambition, but when the other side is trying to take the country backwards, firm opposition is what's needed. Our new president would be best served to stick to the principles he campaigned on and stand up to the Right's ideological agenda -- whether it rears its ugly head in the economic debate or in the arena of constitutional rights and the separation of church and state.

President Obama and all the Democrats on the Hill should read People For the American Way's new Right Wing Watch In Focus memo on The Right's "Big Lie" Strategy.

PFAW

Restoring Justice, Step by Step

On Monday, Eric Holder was confirmed as Attorney General. Big news ... and good news for Americans who depend on the Justice Department to defend their rights. A bit more under the radar, Monday also saw another important piece of news at the DOJ. Leslie Hagen, a Justice Department attorney who was fired by Monica Goodling because of rumors that she was a lesbian, was rehired to her previous job at the Department.

This is just one step in cleaning up the appalling mess at the DOJ left by egregious politicization during the Bush administration. Monica Goodling, senior counsel to Attorney General Alberto Gonzales, was by all objective standards unqualified for such a high post. Her only "qualifications" -- the only ones that mattered in the Gonzales DOJ -- were that she was a partisan ideologue who graduated from Pat Robertson's Regent University Law School and was committed to reshaping the Justice Department to operate on a right-wing agenda.

Even though the politicization of the DOJ under President Bush was shameful (and possibly criminal), some senators apparently think it should continue and are taking their marching orders from the Radical Right. The next targets of their witch hunt? Three more of the president's eminently qualified DOJ nominees: David Ogden, Thomas Perrelli and Dawn Johnsen.

Dawn Johnson, for example, has been tapped to head the Office of Legal Counsel (OLC) -- the office that, under the Bush administration, produced the memos that served as its guidelines for detainee treatment and executive overreaching. Johnsen has been a harsh critic of the Bush administration's legal justifications for its policies. And, in her extremely impressive legal career, she spent several years at NARAL Pro-Choice America. Already some senators like Jeff Sessions of Alabama -- who earlier this week assailed the Johnsen nomination on the Senate floor -- are suggesting that, in their view, pro-choice bona fides should be an instant disqualifier.

Quickly confirming the rest of President Obama's Justice Department team will be one more important step, but there's still much more to be done to repair what was so damaged during the Bush years.

Let's look back at just a few of the disasters born out of DOJ's right-wing politicization:

  • political firings of U.S. attorneys;
  • political firings of staff attorneys, especially in the Civil Rights Division;
  • refusal to properly enforce civil rights laws, particularly those protecting voting rights;
  • Department approval and justification of unconstitutional policies from warrantless domestic spying to the denial of habeas corpus and torture.

People For the American Way will be pushing for investigations into these wrongdoings. I know how important this issue is to our activists -- you've pitched in time and again over the last eight years as we've pushed for accountability and the rule of law at the DOJ, and hundreds of you wrote me impassioned emails last week about just how critical it is to keep pushing.

Karl Rove and others who are subpoenaed to testify or provide documents must comply and cooperate not just with Justice Department probes into these matters, but also with any and all congressional investigations. Congressional action is what's needed to get to the bottom of what happened, hold those responsible accountable and prevent similar abuses of power from happening in the future.

Making sure investigations happen and proceed effectively and making sure President Obama's other Justice Department nominees are confirmed smoothly are just two things we'll be working hard for in the coming weeks, and there will be much more.

I'd also like to take a moment to ackowledge Supreme Court Justice Ruth Bader Ginsburg who is in the hospital recovering from surgery. She's a true defender of our constitutional values and I know you'll join me and the rest of the staff of People For in wishing her a speedy recovery.

PFAW