Education

Epstein Echoes Sessions: “Massive Resistance” to Citizens United

Today I went back to the Heritage Foundation for their annual “Scholars and Scribes” panel reviewing the recent and upcoming activities of the Supreme Court. There was some discussion of judicial activism, but most of the panelists seemed to have finally given up on the claim that conservative Justices have acted as neutral “umpires” in the past year.

What is surprising is that, now that the Court’s decision in Citizens United ruined the “judicial activism” mantra for the Right, a new tactic has apparently taken hold. During a question and answer session, conservative legal scholar Richard Epstein echoed Senator Jeff Sessions in comparing the Citizens United decision to, of all things, Brown v. Board of Education. His take was slightly different and, if possible, even more unhinged from reality. Those of us who oppose and are working to overturn the Citizens United ruling, Epstein said, “look a little bit like the same kind of massive resistance” engendered by Brown v. Board.

To compare the 93% of Americans who think that there should be limits on corporate political spending to the recalcitrant racists who tried to stop the desegregation of public schools is absurd and offensive. If conservatives are trying to paint corporations as victims akin to those who have suffered from institutionalized racism, they’re going to be fighting an uphill battle.

PFAW

Thurgood Marshall Roundup

We were far from the only ones noting the surprising volume of GOP attacks on Justice Thurgood Marshall on Monday. Talking Points Memo counted the number of references to the illustrious Justice on the opening day of Kagan’s hearings:

In an example of how much the GOP focused on Marshall, his name came up 35 times. President Obama's name was mentioned just 14 times today.

Harpers Magazine shared my confusion about what might have motivated Republican Senators to engage in these attacks:

So what made Marshall the image of an “activist judge”? Was it his role in Brown v. Board of Education, the decision that put an end to the lie of “separate but equal” education across the American South, forcing desegregation in public education? Or perhaps it was the fact that he won nearly all of his Supreme Court cases, most of them on behalf of the NAACP, and all of them testing the official refuges of bigotry and racism?

The attacks were led, predictably, by neoconfederate senator Jeff Sessions of Alabama, the Republican ranking member and the Theodore Bilbo of his generation, who snarled that Kagan’s affection for her former boss “tells us much about the nominee”—a comment clearly intended as an insult. But so many other Republican senators joined in—Orrin Hatch, John Cornyn, and Jon Kyl, for instance—that it appears to have been an agreed talking point. (I see Dana Milbank reports that Republican staffers were actually handing out opposition research on Marshall’s voting record after the hearing–another sign that the war on Marshall was a formal strategy.)

At first it was unclear to me what possible complaint about Justice Marshall the Republican Senators could have had. But Dana Milbank at the Washington Post cleared things up:

Republicans saw trouble in this Marshall fellow. "In 2003, Ms. Kagan wrote a tribute to Justice Marshall in which she said that, 'in his view, it was the role of the courts in interpreting the Constitution to protect the people who went unprotected by every other organ of government,' " Kyl complained.

Protecting the unprotected? Say it ain't so!

And that wasn't all. Kagan also emphasized Marshall's "unshakable determination to protect the underdog," Kyl said.

Let’s take a moment to remember all the great things Justice Marshall did for this country. Stephanie Jones’ thoughtful piece in the Washington Post this morning details his vital role in fulfilling the promises of the Constitution. She summarizes:

Marshall was a great jurist who used his skills to move this country closer to being a more perfect union. As a lawyer and a justice, he protected us from activist judges and the cramped thinking of politicians who tried to keep our country in the muck. And he never forgot how the high court's rulings affect the least of us.

So what do Republicans have to gain from attacking this giant? Out west at the Seattle Post-Intelligencer, columnist Joel Connelly reminded us that attacks on Marshall are just part of a larger right wing trend to de-legitimize American heroes with whom they disagree:

The political right has taken to beating up on great American presidents, with the "progressive" Theodore Roosevelt demonized by Fox's Glenn Beck, and Thomas Jefferson ordered banished from textbooks by the Texas Board of Education.

At confirmation hearings for Supreme Court nominee Elena Kagan, Senators from the party of Abraham Lincoln have discovered -- literally -- a new black hat. They are denouncing and labeling Thurgood Marshall, our country's greatest civil rights lawyer.

 

UPDATE: even conservatives are perplexed by the Republicans' anti-Marshall strategy. Check out Joe Scarborough mocking Senate Republicans:

 

PFAW

Sessions: Citizens United was just like Brown v. Board!

You do have to feel for the big corporations who were being discriminated against before the Supreme Court decided they could spend unlimited amounts of money in elections, right? Jeff Sessions, for one, is standing up for corporate underdogs who have fallen victim to moral injustice. Talking Points Memo reports:

Last night, elaborating on his criticisms of former Supreme Court Justice Thurgood Marshall, Sessions made the unusual comparison of Citizens United v. FEC to Brown v. Board of Education of Topeka.

"[Marshall] was right on Brown v. Board of Education. It's akin in my view to the Citizen's United case. The court sat down and we went back to first principles--What does the Constitution say? Everybody should be equal protection of the laws," Sessions told me after a Senate vote last night.

"Is it treating people equally to say you can go to this school because of the color of your skin and you can't?" Sessions asked rhetorically. "We've now honestly concluded and fairly concluded that it violates the equal protection clause."

Come again?

Let’s break this down into a few points that I guess we shouldn’t assume are obvious:

  1. Brown v. Board of Education ended the systematic segregation of the American school system. Citizens United v. FEC struck down a law that didn’t let corporations spend as much as they wanted to on electioneering communications.
  2. The GOP has spent a large part of the past two days attacking Justice Marshall for what they call his “activist” judicial philosophy. They define that philosophy as an insufficient reverence for the Constitution as originally written and intended.
  3. Brown v. Board of Ed (which Marshall argued) is a classic example of a case in which the Supreme Court interpreted part of the Constitution—the 14th Amendment—in a way at odds with the original intent of its writers, but in line with evolving social mores and values. Elena Kagan made that very point herself this morning, as did former Justice David Souter a few weeks ago.
  4. Sessions says that the same philosophy led to Brown v. Board and Citizens United, but continues to slam Thurgood Marshall, the architect of the Brown argument, while praising the results of Citizens United.

The confusing logic aside, the main point here is that Sessions just compared limits on corporate spending in elections with systematic racial segregation. This is the top Republican on the Senate Judiciary Committee. And abstract arguments about judicial philosophy aside, that’s just appalling.
 

PFAW

Who in the World is Thurgood Marshall??

It isn't just Republican senators on the Senate Judiciary Committee who are attacking Thurgood Marshall, the NAACP attorney and American hero whose brilliant long-term litigation strategy led to Brown v. Board of Education, the end of Jim Crow, and eventually to a seat on the Supreme Court. In fact, if they and their compatriots had their way, the next generation might not even know who Thurgood Marshall was. As our affiliate PFAW Foundation has reported, Justice Marshall just barely survived the recent ideological purge of Texas textbooks, despite urgings from Religious Right "advisors" that he be erased from history.

What we're seeing at the Kagan hearings is just part of a larger far right campaign to vilify a man who symbolized the best of America.

PFAW

The Odd Marshall Debate

Solicitor General Kagan started out the day defending her late mentor Justice Thurgood Marshall after yesterday’s GOP attacks. It’s odd that she even had to go there. Dana Milbank’s column in the Post this morning explains it well:

It was, to say the least, a curious strategy to go after Marshall, the iconic civil rights lawyer who successfully argued Brown vs. Board of Education. Did Republicans think it would help their cause to criticize the first African American on the Supreme Court, a revered figure who has been celebrated with an airport, a postage stamp and a Broadway show? The guy is a saint -- literally. Marshall this spring was added to the Episcopal Church's list of "Holy Women and Holy Men," which the Episcopal Diocese of New York says "is akin to being granted sainthood."

With Kagan's confirmation hearings expected to last most of the week, Republicans may still have time to make cases against Nelson Mandela, Mother Teresa and Gandhi.

I had thought Republicans had learned their lesson after their first Marshall-based attacks on Kagan were met with a collective “Huh?
 

UPDATE: Brian Beutler over at Talking Points Memo asked three top Republicans on the Judiciary Committee which Marshall cases they objected to. They couldn't name a single one.

PFAW

Republicans Against Thurgood Marshall?

Republican members of the Senate Judiciary Committee tried to smear Elana Kagan all day by attacking her mentor and hero, Thurgood Marshall, as a “liberal activist judge.” Senator Jon Kyl in particular complained that Marshall’s judicial philosophy was “not what [he] would consider mainstream.” Really? Let’s not forget: this was the man who won the breakthrough victory for civil rights in Brown v Board of Education. Justice Marshall spent his quarter century tenure on the Supreme Court protecting the rights of privacy, equal opportunity, and a fair trial. According to Senate Republicans, that record makes Marshall a radical judicial activist.

Can the Republican Senators really be opposed to the legacy of Thurgood Marshall? If so, what in the world could they be for?

PFAW

Judicial Activism?

In response to the GOP’s repeated accusations of Elena Kagan’s so-called judicial activism, Senator Dick Durbin (D-IL) fired back with a quote from Justice John Paul Stevens’ sharp dissent in Citizens United: “Essentially, five Justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law.”

As Senator Durbin pointedly noted, the Court’s reversal of decades of precedent was “espoused by men who swore they would never engage in judicial activism” – men like Chief Justice John Roberts, who during his own confirmation hearings spoke about how judges are like umpires because they “don’t make the rules, they apply them” and must have “the humility to recognize that they operate within a system of precedent”…and then went on to author the majority opinion in Citizens United. “If that isn’t judicial activism,” said Durbin, “then I don’t know what is.”

And as for the “well-known activist judges” with whom Ms. Kagan has been “associating”, Sen. Durbin spoke out against Republicans’ criticism that Kagan might be a judge in the mold of Thurgood Marshall, for whom she clerked. He instead praised the former justice, citing his critical role in successfully arguing the landmark case of Brown v. Board of Education, and saying that Marshall had changed America for the better. “If that is an activist mind at work, we should be grateful as a nation.”

PFAW

Texas Textbooks: What happened, what it means, and what we can do about it

People For has been tracking the Religious Right’s crusade to politicize textbooks—and fighting against it—since the 1980s. Our new Right Wing Watch: In Focus report outlines how the latest right-wing takeover of Texas textbooks fits into the history of the religious right’s efforts to influence public education:

Religious Right leaders in Texas have been waging war against science and history for the past few decades. A primary target and battleground has been the state’s public schools, in particular the statewide approval process for textbooks. People For the American Way Foundation first started working with Texans to resist Religious Right takeovers of textbooks back in the 1980s.

The Religious Right has invested so heavily in Texas textbooks because of the national implications. School districts in Texas have to buy books from a state-approved list, and Texas is such an enormous market that textbook publishers will generally do whatever they can to get on that list. Textbooks written and edited to meet Texas standards end up being used all over the country. So Religious Right leaders in Texas can doom millions of American students to stunted, scientifically dubious science books and ideologically slanted history and social studies books. Advances in printing technology make it easier to prevent that from happening now, but it will take vigilance to keep publishers from following the path of least resistance.

Earlier this month, we led a coalition of groups to deliver over 130,000 petitions to a textbook publisher in New York urging them to reject Texas’s new right-wing curriculum standards. You can sign the petition here.

Read the full Right Wing Watch report here.
 

PFAW

No-Fly Lists and Rendition

On Monday, the Supreme Court declined to hear a case brought by Maher Arar, a Canadian national who was sent to Syria and tortured after arriving in New York from a vacation.

The court did not comment Monday in ending Syrian-born Maher Arar's quest to sue top U.S. officials, including former Attorney General John Ashcroft. Arar says he was mistaken for a terrorist when he was changing planes in New York on his way home to Canada, a year after the 2001 terrorist attacks. He was instead sent to Syria, where he claims he was tortured.

Lower courts dismissed Arar's lawsuit, which asserts the U.S. purposely sent him to Syria to be tortured. Syria has denied he was tortured.

The Canadian government agreed to pay Arar $10 million and apologized to him for its role in the case.

Yesterday’s New York Times reported that Yahya Wehelie, a US citizen who was on his way home from Yemen, is in custody in Cairo after F.B.I. agents discovered that he was on a no-fly list.

For six weeks, Mr. Wehelie has been in limbo in the Egyptian capital. He and his parents say he has no radical views, despises Al Qaeda and merely wants to get home to complete his education and get a job.

But after many hours of questioning by F.B.I. agents, he remains on the no-fly list. When he offered to fly home handcuffed and flanked by air marshals, Mr. Wehelie said, F.B.I. agents turned him down.

“The lady told me that Columbus sailed the ocean blue a long time ago when there were no planes,” Mr. Wehelie said in a telephone interview from Cairo. “I’m an innocent American in exile, and I have no way to get home.”

The common thread uniting these two situations is silence. By refusing to hear Mr. Arar’s case, the Supreme Court tacitly acknowledges the government’s argument (a carryover from the Bush administration) that any matter which could jeopardize national security does not belong in court. In Mr. Wehelie’s case, the FBI invoked a policy that precludes it from discussing persons on watch lists or no fly lists.

By continuing his predecessor’s policies, President Obama is responding to the pressure placed upon him by recent terrorist threats. But at what cost? Do fundamental rights to due process stop applying as soon as the government decides you aren’t worthy of them?
 

PFAW

Souter’s Case Against Originalism

In his commencement address at Harvard last week, former Supreme Court Justice David Souter offered up an eloquent and thorough debunking of the popular conservative delusion of constitutional “originalism.”

E.J. Dionne sums it up nicely:

At issue is "originalism," an approach to reading the Constitution whose seeming precision has given conservatives a polemical advantage over the liberals' "Living Constitution" idea that appears to let judges say our founding document means whatever they want it to mean.

Justice Antonin Scalia, the court's leading orginalist, summarized his opponents' attitude toward the Constitution with four words: "You know, it morphs."

Now, thanks to Souter's commencement address at Harvard last week, Scalia's critics have fighting words of their own. Souter, who did not mention Scalia by name, underscored "how egregiously it misses the point to think of judges in constitutional cases as just sitting there reading constitutional phrases fairly and looking at reported facts objectively to produce their judgments."

The problem is not only that "constitutions have a lot of general language in them in order to be useful as constitutions," but also that the U.S. Constitution "contains values that may very well exist in tension with each other, not in harmony."

This means that "hard cases are hard because the Constitution gives no simple rule of decision for the cases in which one of the values is truly at odds with another."

Souter focused on the example of Brown v. Board of Education, the 1954 decision that declared segregated schools unconstitutional. "For those whose exclusive norm of constitutional judging is merely fair reading of language applied to facts objectively viewed,” he said, “Brown must either be flat-out wrong or a very mystifying decision.”

The Supreme Court’s conservative wing has shown itself willing to depart from originalism when it serves their purposes. What’s surprising is that the originalist “balls and strikes” argument is still dominates discussions on the courts.
 

PFAW

Advice for Obama from FDR

Jeff Shesol, author of the fascinating Supreme Power: Franklin Roosevelt vs. The Supreme Court, has some advice for President Obama in a new blog post for the American Constitution Society. Shesol argues that Obama can learn a thing or two from Roosevelt’s struggles with an “activist” Supreme Court that was overturning key legislative initiatives to protect individual rights and his success in shifting the frame of the public’s debate on the Court and the Constitution.

It's a paradox: we've got a former constitutional law professor as president, but he's had far less to say than his critics (and some of his supporters) about the relevance of the Constitution to key questions of national policy. No doubt he's got plenty to say on the subject. No doubt he's unwilling to cede the argument to Republicans mouthing pieties about "the plain language of the Constitution." So what's holding the professor back?

Understandably, his focus now is the confirmation of Elena Kagan, and that goal might not be served by starting a debate with the self-styled defenders of the Constitution. But as Senator Cornyn said last year, not incorrectly, "each Supreme Court nomination is a time for national conversation and reflection on the role of the Supreme Court." And by keeping mostly mum on the matter, President Obama is missing an important opportunity to "take the country to school," as Felix Frankfurter advised President Roosevelt to do in the mid-1930s. Frankfurter urged FDR to launch a campaign of "quiet education" about the Court's proper role and the ways in which ideologically driven conservative justices were overstepping it.

As Shesol points out, for decades conservatives have dominated the debate over the meaning of the Supreme Court and the Constitution. But in recent months, their talking points have been noticeably loosing credibility. The Roberts Court’s far-reaching decision in Citizens United—in which it went out of its way to upend 100 years of settled law to give corporations the same rights as citizens to influence elections— angered Americans across the political spectrum, and soundly debunked the myth of “judicial activism” as a liberal trait. And the Republican National Committee’s recent attempt to smear Elena Kagan for questioning the perfection of the original Constitution spectacularly backfired when the flaws in their argument became clear.

Americans are clearly ready to embrace a view of the Supreme Court and the Constitution that does not fit neatly into flawed baseball-themed talking points. The debate over Kagan’s nomination provides an opportunity to have that conversation.
 

PFAW

On Ellis Island, African American Ministers Leadership Council Are First to Sign Immigration Reform Covenant

Members of the African American Ministers Leadership Council and African American Ministers in Action gathered on Ellis Island to sign an immigration reform covenant.

On Wednesday, members of People For the American Way Foundation’s African American Ministers Leadership Council (AAMLC) and African American Ministers In Action (AAMIA) gathered on Ellis Island to pledge their unified support for a dignified, just, and tolerant approach to reforming the country’s immigration laws. The ministers, from five states and diverse denominations, were the first to sign a multi-faith covenant calling for “immigration dialogue and reform that will inspire hope, unite families, secure borders, ensure dignity and provide a legal avenue for all of God’s children working and desiring to reside in this country to drink from the well of justice and equal protection under the law.”


The covenant, which lays out seven principles for a respectful immigration reform debate, will be circulated among faith leaders of diverse traditions and ethnicities across the United States.

“We believe immigration reform is important for this nation. As faith leaders from various faith traditions, we stand united with one message and that is a message of love,” said Leslie Watson Malachi, director of African American Religious Affairs.

Watson Malachi put together the covenant in response to what she called the “increasingly nasty and divisive political and social tone of the immigration debate.”

Rev. Robert Shine

“For years, we have witnessed rhetoric around immigration reform that is deceptive, harmful, and pits communities against each other,” she said. “What took place in Arizona last month, when the state essentially legalized racial profiling in the name of immigration reform, demonstrated the mean-spirited, inhospitable atmosphere that is moving across state lines. This covenant is a statement that faith leaders will reclaim civility, lead a genuine, compassionate conversation, and not stand for racially divisive tactics that undermine the dignity of human beings.”

Members of the AAMLC were quick to sign on.

“We are concerned about all people, from all walks of life, all backgrounds, all races, all nationalities, ethnic origins, etc.,” said Reverend Melvin Wilson of St. Luke AME Church in New York, one of the original signers, “But the tone of the current discussion of immigration has been so negative, so divisive, we are just not going to sit idly by and let the talking heads speak without providing a counter-voice.”

Rev. Patrick Young signs the covenant as Rev. Dr. E. Gail Anderson Holness looks on.

“To sign this covenant is important for multiple reasons,” said Reverend Byron Williams, of Resurrection Church in Oakland, California, who was among the first leaders to add his name to the document. “First of all, it’s important on the issues of equality, and justice, and fairness and dignity. But it also makes an important statement that we have African American pastors coming together. Our ancestry does not take us by Ellis Island, but the concept of liberty is one that’s as deep in our community as it is for anyone that’s come to these shores looking for a better life. It’s those deeply held values of liberty, justice and fairness that are the bedrock of American principles.”

Watson Malachi plans to continue promoting the messages of unity and dignity through education and awareness efforts that include informative dialogue sessions, roundtable conversations with faith leaders from African, Caribbean, Latino, African American and other communities.

The full text of the covenant can be found here.

People For’s report on divisive and dishonest rhetoric in the debate on immigration reform is here.
 

PFAW

Breathing While Undocumented in Arizona

Linda Greenhouse, writing for the New York Times Opinionator blog, rightly points out that Arizona's new anti-immigrant law quite literally creates a new crime of "breathing while undocumented" due to a provision that someone lacking authorization to be in the country is "trespassing," even on public land.

Greenhouse wonders what Arizonan libertarian and conservative icon Barry Goldwater would have to say about the law, writing, "Wasn’t the system of internal passports one of the most distasteful features of life in the Soviet Union and apartheid-era South Africa?"

She discusses possible responses to the law and importantly notes that even though the law might seem blatantly unconstitutional to many:

[Her] confidence about the law’s fate in the court’s hands is not boundless, however. In 1982, hours after the court decided the Texas case [Plyler v. Doe, which overturned a Texas law depriving undocumented immigrant children of public education], a young assistant to Attorney General William French Smith analyzed the decision and complained in a memo: “This is a case in which our supposed litigation program to encourage judicial restraint did not get off the ground, and should have.” That memo’s author was John G. Roberts Jr.

PFAW

Bob McDonnell vs. the Right to Vote

Mere days after rewriting the history of the Civil War - turning it into a war for independence with nothing to do with slavery - Virginia Governor Bob McDonnell has done it again. But this time, instead of denying people's humanity, he's "just" making it a lot harder for them to vote.

According to the Washington Post, McDonnell plans to place a significant new burden in front of non-violent felons seeking to have their voting rights restored:

McDonnell will require the offenders to submit an essay outlining their contributions to society since their release, turning a nearly automatic process into a subjective one that some say may prevent the poor and less-educated from being allowed to vote. ...

McDonnell's administration said the essay requirement is designed to put a human face on each applicant and to help staff members better understand each person's situation.

And if you can't read and write well? Or if you're intimidated by things like essays? Or if you just can't express yourself well in writing? You're out of luck.

Even worse, restoration of the right to vote will not be based on a set of objective criteria, but will instead be based on whether McDonnell or some designated official thinks the applicant is worthy of the right to vote:

In coming weeks, McDonnell will start requiring nonviolent offenders to write a letter to him explaining the circumstances of their arrest; their efforts to get a job, seek an education and participate in church and community activities; and why they believe their rights should be restored. Some applicants already have been notified that letters will be required.

In a democracy, the right to vote should never depend on whether the governor finds you worthy of that right. It is not the place of government to make sure that only the "right" type of people vote.

It seems that every day, Virginia is becoming a more and more frightening place to live.

PFAW

What Moderates?

Last night, Patricia Smith, President Obama’s choice to be Solicitor of the Department of Labor, passed an important procedural hurdle: the Senate decided to vote on her nomination.

What’s remarkable is that, unlike past attempts to block votes on executive branch nominees, the vote was entirely along party lines.  Even the so-called moderates in the Republican party, like Senators Susan Collins and Olympia Snowe, voted against allowing an up or down vote on a second-tier executive branch nomination.

For a party that railed against the use of the filibuster even in the case of judicial nominees, the hypocrisy is remarkable.

Perhaps, you think, Patricia Smith is far outside the mainstream, and the GOP was using it’s last tactic to stop an extreme nominee. 

Nope.  

But filibustering a nominee like Smith for a position most people have never heard of in a department that is rarely in the news still requires some justification. After all, most of the GOP senators have been around long enough that they served during a time when such a filibuster would be unimaginable.

So they called Smith a liar.

Sen. Mike Enzi (R-Wy.), the ranking Republican on the Health, Education, Labor and Pensions Committee, led the pack, decrying her "lack of candor" and cited "discrepancies in her testimony." The issue -- which was really not, of course, the issue -- centered on a small pilot program in New York called Wage Watch, which aims to educate workers about the minimum wage is and when they are entitled to overtime. Republicans, during committee hearings, insisted that it was a Big Labor plot, but Smith said the idea had been generated within her office. It was later shown that apparently a labor representative had suggested it to an employee, who then suggested it to Smith.

The GOP also lambasted Smith for categorizing the pilot program as "educational" rather than "enforcement." Democrats pointed out that the distinction was an irrelevant one: The purpose of the education was to improve enforcement efforts.

The pilot program cost $6,000. Smith manages some 4,000 employees and oversees an $11 billion annual budget.

The conclusion is obvious.  The GOP, including so-called moderates, are obstructing nominations for the sake of obstruction, throwing sand into the gears of government and attempting to hobble the Obama administration by any means necessary.  That tactic is irresponsible and unacceptable.  Americans deserve better.

 

PFAW

The Pew and the Bench: A Faith Summit on the Federal Judiciary

Today, there was a panel at the Religious Action Center discussing the role of religious communities in debates over judicial nominees. Joi Orr, program assistant with People for the American Way’s African American Religious Affairs department spoke about the role of the religious vote and what People for the American Way is currently doing around judicial nominations.

Other panelists included: Nancy Zirkin from the Leadership Conference on civil rights, Jim Wimkler from the general board of the United Methodist Church, Holly Hollman from the general counsel of the Baptist joint committee, Sammie Moshenberg from the National Council of Jewish Women, Rick Foltin from the American Jewish Committee and Mark Pelavin from the Religious Action Center.

Panelists briefly discussed how their organizations reach various faith communities, and reiterated the importance of having strong judicial candidates for these lifetime position. Joi summarized the work that the African American Religious Affairs department is accomplishing with regards to judicial nominations.

The ministers programs were founded to act out of the prophetic vein of the Black Church. So I will say, that we do not claim to speak on behalf of the entire black church, because it is not a homogeneous group. We particularly advocate and represent the marginalized, disenfranchised, and outcast. So like the prophet Rev. Dr. Martin Luther King Jr., we advocate with a liberal reading of the Bible in one hand and the Constitution in the other. That’s what the prophetic black church has done throughout history. We rejected the “slaves obey your masters” rhetoric of the New Testament, while embracing the nation’s sacred documents that purport to stand for liberty and justice for all. And I want to underscore the word all. Because the truly prophetic black church is inclusive in its advocacy. That’s why MLK was an integrationist. That’s why as an organization we work on fair public education for all of our children, fair comprehensive immigration reform, and LGBT rights, because injustice anywhere is a threat to justice everywhere.

PFAW

Washington Post Publishes One-Sided Feature Story on Bishop Harry Jackson

The Washington Post published a one-sided piece on Bishop Harry Jackson that neglected to mention his ties to right-wing political figures such as James Dobson, Lou Sheldon, Tony Perkins and the Family Research Council.

Bishop Harry Jackson has enthusiastically opposed equality and basic civil rights for gays and lesbians couples, and has worked overtime to make discrimination the law of our land. He has dedicated his life’s work to denying gay and lesbian couples important legal protections that could determine whether couples can be kept apart when one person is sick, or forced out of a home when one dies. The government should not put obstacles in the path of those who are trying to care for their loved ones with a lifetime commitment, and neither should Bishop Harry Jackson.

Nor has Bishop Jackson limited his right-wing activism to opposing rights for LGBT people. Bishop Jackson opposed Barack Obama’s presidential bid, saying during the campaign that an ongoing ‘march of darkness’ would overtake the country if ‘we don’t do the right thing in this campaign.’ In an ad, Jackson argued that if Obama was elected president, the nation would not have ‘chosen God’s best.’ Jackson has worked hard to oppose important initiatives that will help all people, especially the poor – from affordable and accessible health care to quality public education to sensible immigration policies.”

People For the American Way released an in depth report on Bishop Harry Jackson earlier this year, “Point Man for the Wedge Strategy.” Click here to view the report.

PFAW

10 Year Old Stands Up for Equality

Will Phillips, a 10 year old boy in Arkansas, recently refused to stand and recite the pledge of allegiance. His reason? He said he could not pledge allegiance to a country that continues to deny equality to the LGBT community.

Will's teacher tried to reprimand him for not participating in the pledge, despite his constitutional right to do so. His principal acknowledges that students cannot be forced to recite the pledge, but is refusing to apologize to the 10 year old.

While some classmates are supportive of Will's stand for equality, others have taunted him with homophobic remarks. His mother commented that, "It's really frustrating to him that people are being so immature." When asked what it means to be an American, Will said, "Freedom of speech. The freedom to disagree. That's what I think pretty much being an American represents."

We couldn't agree more.

PFAW

Have they no decency?

McCarthyism is back. Let's call it what it is.
 
We are seeing one witch hunt after another led by right-wing opinion leaders, media outlets, organizations and even members of Congress. They pursue personal smear campaigns, grasping at straws to create "guilt by association" and challenge the legitimacy, allegiances and patriotism of their opponents.
 
Remember the Bush-era attacks on the patriotism of anyone who questioned the administration's policies? Those look tame in comparison. Now, with Democrats in power, the insinuation is that the president, his advisers and his political allies are actively trying to destroy America from within and, despite being elected by the people, are inherently unfit to lead.
 
We stand up to right-wing bullies every day, and we want to help all courageous Americans do the same. People For the American Way is ready to confront this new McCarthyism head-on. In the coming days and weeks we will be exposing the Right's tactics and rhetoric and creating tools to help activists combat them. We will educate Americans about the insidious nature of what we see happening in this country and impress upon Americans the urgency of stopping it.
 
In a 1954 Senate hearing, Army head counsel Joseph Welch famously put Senator Joseph McCarthy in his place, saying, "Have you no sense of decency, sir, at long last? Have you left no sense of decency?"
 
In that great moment in American history, Welch called McCarthy out for his "cruelty" and "recklessness." The crowd at the hearing erupted in applause and, in that instant, McCarthy's power started its decline.
 
It's time for all of us to ask that same question -- Have you no sense of decency? -- of those on the Right who have resurrected McCarthy's tactics.
 
Radical Right activists ("Birthers," "Tea Baggers"), paranoid anti-government extremists and irresponsible media personalities like Glenn Beck and Rush Limbaugh (and media outlets like FOX News) -- in many cases with the backing of entrenched right-wing and corporate interest groups -- have simultaneously raised the ominous, not to mention incompatible, specters of socialism, communism, fascism, Nazism and infiltration by foreign elements. This has created a backdrop of suspicion in which McCarthy-like intimidation, guilt by association and character assassination thrive.
 
In the last two weeks alone, we've seen:

  • 53 right-wing members of Congress sign a letter to the President requesting that he fire Kevin Jennings who heads the office at the Department of Education tasked with keeping schools safe, for "promoting homosexuality and pushing a pro-homosexual agenda in America's schools." Jennings, a gay man and founder of the Gay, Lesbian and Straight Education Network (GLSEN), has been the target of right-wing groups like Family Research Council for months. He was also the victim of false accusations that he broke the law in counseling an underage student when he was a teacher - and the congressional letter included that allegation even though the office of the letter's primary signer, Rep. Steve King, had been made aware that the story was wrong.
  • Glenn Beck, whose "6 degrees of Obama" guilt-by-association attacks have generally lacked any shred of coherence, has been going after White House Communications Director Anita Dunn for once offhandedly referring to Mao Tse-tung (along with Mother Teresa) as one of her favorite political philosophers. He has repeatedly implied that this means she must endorse his heinous deeds and personal ideology while remaining conspicuously silent about the fact that many icons of the conservative movement have approvingly cited the political writings and tactics of communists like Mao, Lenin and the Viet Cong.
  • Just this past Sunday, the notoriously right-wing editorial page of the Washington Times savaged Judge Edward Chen, who is nominated to the Northern District Court of California, opening the piece with the sentence, "Another day, another Obama nominee who doesn't appear to love America." For its 'evidence,' the editorial cites: Chen's acknowledgement of what we all know -- that a judge's life experiences affect how he or she views a case (shades of the attacks against Sonia Sotomayor); the fact that he expressed concern -- as many thinking Americans did -- about potential recriminations for Muslim Americans following the tragedy of September 11; and his former work with the ACLU.

Of course, the use of race-baiting, red-baiting, gay-baiting and lies to characterize people as enemies of America doesn't stop with attacks on administration officials and nominees. There have been many more examples, and sadly, there will undoubtedly be many more to come.
 
That's why we must all be vigilant. We must call out fear-mongering and intimidation in government, in the media and in our own communities. And when we confront it, we must ask the vital question, "Have you no sense of decency?"
 
People For the American Way is getting out in front of this troubling and pervasive new trend. Through research, educational materials and activism tools, we'll give you what you need to stand up to the Right and McCarthyism.

PFAW

PFAW Opposes Unconstitutional Vitter-Bennett Amendment

Today, People For the American Way was represented by our General Counsel Debbie Liu at a press conference to oppose the Vitter-Bennett amendment, which would require Census workers to ask all Americans their citizenship and immigration status in the 2010 census. Doing so could discourage minority communities’ participation in the 2010 census, and would result in an inaccurate census. Not only is the amendment unconstitutional, it is a thinly-veiled effort by the radical Religious Right and their counterparts in Congress to target undocumented immigrants. 

Above, attendees at the press conference to oppose the Vitter-Bennett amendment.

The New York Times featured an editorial citing how changing the census would waste time and valuable resources. Should the Vitter-Bennett amendment pass, the Census Bureau would have to reprint forms, promotional materials and training software:

As required by law, the Census Bureau gave Congress the exact wording of the survey’s 10 questions in early April 2008 — more than 18 months ago. Changing it now to meet Mr. Vitter’s demand would delay the count, could skew the results and would certainly make it even harder to persuade minorities to participate.

It would also be hugely expensive. The Commerce Department says that redoing the survey would cost hundreds of millions of dollars: to rewrite and reprint hundreds of millions of census forms, to revise instructional and promotional material and to reprogram software and scanners.

Other civil rights groups including the Center for American Progress (CAP), the League of United Latin American Citizens (LULAC), the Hispanic National Bar Association (HNBA), the Mexican American Legal Defense and Education Fund (MALDEF), Demos, and the NAACP Legal Defense and Educational Fund (LDF) attended the press conference.

PFAW