endorsements

It's Time to Confirm Goodwin Liu

The Senate is currently debating the nomination of Goodwin Liu to the Ninth Circuit Court of Appeals. Liu is a phenomenally well qualified legal scholar who has support across the political spectrum, as well as among a majority of U.S. Senators. However, because Senate Republican leaders are putting politics over all else, they are set on stymieing the majority and filibustering the nomination. A cloture vote to end this stalling tactic may occur as soon as tomorrow morning.

People For the American Way supports the nomination. We sent a letter this morning that says much of what we have been saying in person on the Hill for over a year. Among other things, the letter states:

Perhaps the most powerful testament to Professor Liu's superb qualifications is the extensive support his nomination has garnered from across the ideological spectrum. It is not only progressive and moderate legal thinkers who admire his work: He has received endorsements from conservatives such as Ken Starr, Solicitor General under President Ronald Reagan; Richard Painter, the chief ethics counsel for President George W. Bush; and Clint Bolick, Director of the conservative Goldwater Institute.

When a judicial nominee attracts such strong support independent of political ideology, you can be confident that he is exactly the kind of mainstream, talented, and fair jurist we need on the federal bench.

Although Liu has the support of a majority of senators, his opponents are working to block his nomination from receiving an up or down vote. Their claim is that Liu's nomination constitutes one of those rare "extraordinary circumstances" warranting a filibuster, under the benchmark developed by the Gang of 14 during the George W. Bush Administration.

By no measure can this nomination be considered to even approach "extraordinary circumstances." Even a cursory look at President Bush's nominees who were approved using that test – those whose nominations were not considered to constitute "extraordinary circumstances" – makes clear that Liu's nomination must be permitted to go forward.

  • Pricilla Owen's dissenting positions on the Texas Supreme Court were so extreme that even her fellow conservatives on the Supreme Court in different cases described them with phrases like "an unconscionable act of judicial activism," "disregard of the procedural elements the Legislature established," "def[ying] the Legislature's clear and express limits on our jurisdiction," and "inflammatory rhetoric." Her nomination was not considered extraordinary, and the Senate afforded her an up-or-down vote for a seat on the Fifth Circuit, where she is now serving.
  • Thomas Griffith pushed to severely curtail laws ending discrimination against women and girls' participation in school athletic programs, declaring "illegal" a test upheld by all eight of the nation's Circuit Courts of Appeals that had considered the issue. He was also suspended from the DC Bar for failure to pay mandatory Bar dues yet continued to practice law in the District during that time. Published reports and an examination of Utah law indicated that he had been engaged in the unauthorized practice of law in Utah for the four years prior to his nomination. Nevertheless, the Senate did not consider Griffith's nomination extraordinary, and he received an up-or-down vote confirming him to a seat on the DC Circuit Court of Appeals.
  • Janice Rogers Brown criticized opposition to the Lochner decision, which began the period when the Supreme Court issued its most pro-corporate rulings—rulings that struck down laws requiring minimum wages, regulating working hours and conditions, and banning improper business practices. In addition, despite several Supreme Court rulings to the contrary, she explicitly suggested that Title VII of the 1964 Civil Rights Act is unconstitutional. Despite this record, her nomination was not considered an "extraordinary circumstance," and the Senate was allowed to cast an up-or-down vote, confirming her to the DC Circuit Court of Appeals.
  • William Pryor called Roe v. Wade "the worst abomination of constitutional law in our history" and urged Congress to consider repealing or amending Section 5 of the Voting Rights Act. Despite the significant opposition that these and other extreme positions garnered, his nomination was not filibustered, and he was confirmed to the Eleventh Circuit Court of Appeals.

Each of these nominees attracted substantial controversy and was opposed by numerous civil rights and civil liberties groups, but not one was found to constitute "extraordinary circumstances."

The claim that Goodwin Liu is out of the mainstream as compared to any of these nominees simply does not bear scrutiny. In fact, a fair reading of his work makes clear that Liu is well within the judicial mainstream.

By any standard articulated by either party, Goodwin Liu's nomination deserves a vote on the Senate floor, and he should be confirmed to the Ninth Circuit Court of Appeals.

Tomorrow, we will learn which Republican senators are willing to toss logic, consistency, principles, and the good of the nation's court system out the window in order to score political points against a Democratic president.

PFAW

Still More Bipartisan Support for Goodwin Liu

Richard Painter, once the chief White House ethics lawyer for President George W. Bush, has a comprehensive, well-researched piece in the Huffington Post whose title says it all: "Qualified, Measured, and Mainstream: Why the Senate Should Confirm Goodwin Liu." Now a professor at the University of Minnesota, this conservative lawyer is one of the many legal scholars from across the political spectrum to support Liu's nomination.

Despite this broad support, perhaps no jurist nominated to the federal bench by President Obama has been maligned, mischaracterized, and mistreated by far right extremists more than Goodwin Liu. Point by point, Painter demolishes the myths about Liu. As Painter explains in detail, the caricature the far right has created bears no relation to reality. As he writes:

Liu's opponents have sought to demonize him as a "radical," "extremist," and worse. National Review Online's Ed Whelan has led the charge with a "one-stop repository" of attacks on Liu. However, for anyone who has actually read Liu's writings or watched his testimony, it's clear that the attacks--filled with polemic, caricature, and hyperbole--reveal very little about this exceptionally qualified, measured, and mainstream nominee. ...

This post brings together a variety of material about Liu:

  • First, I review Liu's background, qualifications, and key endorsements.
  • Second, I highlight two letters from respected authorities that shed important light on Liu's scholarly record.
  • Third, I provide several responses to various attacks on Liu.
  • Fourth, I address Liu's opposition to the Supreme Court confirmations of Roberts and Alito, two Justices whom I vigorously supported as a Bush administration lawyer and whom I believe were outstanding additions to the Court.

These materials summarize why Liu is an excellent choice for the federal bench. But even if you read this entire post, nothing substitutes for reading Liu's writings or watching his testimony for yourself. That is how I reached the conclusion that Liu deserves an up-or-down vote in the Senate and ought to be confirmed.

Liu's nomination has been stalled by Republican senators for more than a year. Today, he appears yet again before the Senate Judiciary Committee. When the committee once again approves his nomination and sends it to the Senate floor, leadership should schedule a vote, defy any GOP threats to filibuster, and get this most talented of judicial nominees confirmed at last.

PFAW

Former Bush Lawyer: Stop Partisan Bickering and Confirm Liu

The Blog of the Legal Times is reporting that Senate Majority Leader Harry Reid is planning to call Senate Republicans on their obstruction of judicial nominees and break the gridlock that has kept four of these nominees pending, in some cases for over a year. Reid will attempt to stop the Republican filibuster of Ninth Circuit nominees Goodwin Liu and Edward Chen, Rhode Island District Court nominee John McConnell, and Wisconsin District nominee Louis Butler. 

This is a critical moment for these nominees, who despite support from their home-state senators and endorsements across the ideological spectrum, have for various reasons been branded as “too extreme” by obstructionist Republicans in the Senate. McConnell has been up against an expensive lobbying campaign from the Chamber of Commerce, which objects to his work as a public interest lawyer representing victims of lead paint poisoning. Butler has been up against business interests who don’t think he was friendly enough to them when he was on the Wisconsin Supreme Court. Chen was accused by Jeff Sessions, the top Republican on the Senate Judiciary Committee of having an apparently disqualifying “ACLU chromosome.”

Liu’s nomination has been the subject of the most partisan squabbling. Liu’s main obstacle, it seems, has been his own brilliance: some on the Right worry that if he makes it on to the bench, he could eventually become a Supreme Court nominee. But Liu’s nomination is backed by legal luminaries from across the ideological spectrum, including former Bush White House lawyer Richard Painter, who today wrote another plea for the Senate GOP to break the judicial gridlock and at least take a vote on Liu’s nomination:

In any event, nominees who should not be controversial, including Goodwin Liu (I have made previous posts here on his nomination), are described as radical activists, the same tactic that advocacy groups deployed to mischaracterize many of President Bush’s nominees.

Public opinion of Members of Congress (both parties) these days is lower, far lower, than it was in the days when Senator Henry Cabot Lodge used just the right term to describe what he saw going on when Senators filibustered legislation. Those of us who care about the future of the judiciary should make it clear that the delay must stop.

This does not mean the Senators should vote "yes". They can vote "no". But they should vote.

Specific nominations aside, the federal judicial system in general has taken a drubbing under the Senate GOP’s refusal to confirm nominees. A new report from the Alliance for Justice has found that the number of vacancies in the federal judiciary has nearly doubled since President Obama took office, and that the number of open seats designated as “judicial emergencies” has risen from 20 to 50, affecting 30 states.

Confirmation votes will become much more difficult next year, with Democrats hanging on to a much slimmer majority in the Senate. Now’s the time to push through the nominees whom the GOP has been the most eager to obstruct.
 

PFAW

Right Wing Watch In Focus: "Rogues' Gallery"

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

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

Here is the introduction:

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

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

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

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

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

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

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

Be sure to read the whole thing.
 

PFAW

Trading Judges

As the Senate prepares to vote this week on the Supreme Court confirmation of Elena Kagan, there is also reportedly a deal in the works to finally confirm dozens of the executive branch and judicial nominees who have been waiting—many of them for months—for votes on the Senate floor.

CQ reports:

After seeing only two nominees confirmed during July, Majority Leader Harry Reid, D-Nev., and Minority Leader Mitch McConnell, R-Ky., are discussing terms for advancing at least some of the 84 nominations awaiting floor votes, aides said Monday. “We have a number of nominations that we’re looking at,” said Reid.

But some of the more controversial nominees are unlikely to be confirmed before the Senate returns in mid-September, if then. That may tempt Obama to use recess appointments to fill those vacancies at least temporarily — unless the White House agrees to pass up the opportunity to make recess appointments in exchange for Senate action on some nominees this week.

It’s about time that the Senate gets around to clearing the nominations backlog. But voting on nominees that were reported months ago without any opposition is no great concession by the Republican minority. It’s time to end the charade and the gamesmanship.

Take for example North Carolina judge Albert Wynn, whose nomination to fill a long-vacant seat on the Fourt Circuit Court of Appeals was approved by the Judiciary Committee in an 18-1 vote six months ago, and has been held up by GOP leadership ever since. David Savage at the Los Angeles Times describes the holdup of Wynn’s nomination as part of a political battle similar to “an old family feud”:

The GOP leader had no objection to Wynn. Instead, he said, he was getting back at Democrats who had blocked President George W. Bush's nominees to the same court. "My perspective on the 4th Circuit covers a little longer period of time," McConnell said.

The Senate's dispute over judicial nominees resembles a family feud that stretches over several generations. Judges are being opposed not because of their records, but because of what happened several years earlier to other nominees. Use of the filibuster rule, which the GOP had insisted was unconstitutional several years ago, has become a routine stalling tactic.

If confirmed, Wynn would fill a North Carolina seat on the 4th Circuit that has been vacant since 1994.

Let’s have a vote on James Wynn. Or let’s have a vote on Jane Stranch of Tennessee, nominated to fill a seat on the Sixth Circuit, who has the support of both of her home state Republican Senators. And let’s have a vote on Goodwin Liu, nominated for a seat on the Ninth Circuit, who has endorsements from across the ideological spectrum, including Clint Bolick and Ken Starr.


The debate over judicial nominations has become not about qualifications or the law, or about the urgent needs of the justice system, but about political game-playing. It’s great that the GOP has finally agreed to confirm some nominees who they never objected to in the first place. Maybe now they can move on to having a substantive debate on those, like Wynn, Stranch, and Liu, against whom they continue to use every passive-aggressive rule of Senate procedure.
 

PFAW

Leahy Keeps Pushing Forward on Nominations

At a meeting of the Senate Judiciary Committee today, Dawn Johnsen was set to be sent for a second time to the full Senate—this time on the one year anniversary of her original nomination. True, Washington is almost totally shut down by snow at the moment, but Senator Patrick Leahy (of Vermont, a place used to a few snowstorms) forged ahead and convened the Committee, succeeding in moving four more judicial nominations to the full Senate.

Unfortunately, not everyone is as willing to deal with a little bad weather. Republicans insisted that Johnsen's nomination be held over yet again due to the storm. After all, they wouldn’t want to pass up one more opportunity to try to paint her as “controversial.”

Sure, Johnsen has already served with distinction as acting head of the OLC under President Clinton, received bipartisan support from her home state senators and garnered endorsements from legal experts across the ideological spectrum, but that’s not going to stop the GOP from taking all the pot shots they can.

PFAW

Obama Endorsements and the Court

As the Editor & Publisher reported yesterday, Barack Obama is winning the race for newspaper endorsements in a landslide, 112-39.  Especially notable is the fact that at least 25 papers that supported Bush in 2004 have endorsed Obama this time around.

The Supreme Court consistently appears as one of the foremost concerns.

The Kansas City Star, a key swing state paper, touts a prospective Obama administration as a “safeguard for liberties”:

Obama wants judges who won’t favor the strong at the expense of the weak. He offers hope for a Supreme Court that would reject excessive executive power and protect precious freedoms.

The Santa Fe New Mexican writes:

At least as important is that we can also trust him to restore the credibility of our judiciary as vacancies occur at district and appellate levels, as well as at the Supreme Court. Civil liberties in particular, and justice in general, have suffered enormously in recent years.

Obama endorsers understand that the Supreme Court is on the ballot November 4th, and they understand the importance of repairing the damage done to the federal court system by the Bush administration.  Obama, if elected, will have a mandate to do just that.

PFAW

Don't Mourn, Organize!

If you're following the election news as closely as I am, you're probably finding a lot of reasons to holler at your TV. How about Todd Palin refusing a subpoena from the legislative committee investigating "Troopergate" in Alaska, and Sarah Palin ducking requests to testify with claims of "executive privilege" (sound familiar?) — haven't we had enough of executive branch officials insisting they're above the law? Or maybe for you it's the sight of the "get government out of the way" Republicans suddenly claiming that they're the ones to bring more effective government oversight to Wall Street. So much for free-market fundamentalism! Or maybe it's the implication by the McCain-Palin campaign with their "Country First" signs that anyone who does not support their ticket is not patriotic!

Another thing that is making me furious is that people may be kept from casting their vote. Our affiliate People For the American Way Foundation has been documenting and mobilizing opposition to voter suppression efforts around the country — but conservative officials keep finding new ways to try to keep some voters away from the polls. In Michigan — a key presidential battleground state — the Republican Party is training people to challenge voters at the polls, and is even planning to try to deny voters the chance to cast a ballot if their home has gone into foreclosure. It's disgusting, but it's only part of a much bigger picture -- we're seeing official efforts in other key states like Virginia, Ohio and Florida to find reasons to knock people off the voting rolls.

Whatever is driving you to distraction this week, keep in mind labor organizer Joe Hill's famous admonition: "Don't mourn, organize!"

There's a huge amount of exciting organizing People For and other progressive groups are doing right now — and a lot of ways for you to get involved in these last few weeks before the election.

First and foremost you should VOTE and take at least five friends to the polls with you. If your state lets you vote early, do it. But don't stop there. Here are three other things you can do to keep the White House and Supreme Court out of the hands of the radical Religious Right:

  1. Get your ringside seats on October 2 when "Amtrak Joe" debates "Mooseburger Sarah"... Host a People For vice presidential debate watch party with your friends. We have been documenting Sarah Palin's record of extremism, and we're going to keep it up — we'll help you host a great party and send people off with new ammunition for their conversations with friends and family. Sign up at http://site.pfaw.org/parties.

  2. Volunteer some of your time to a progressive campaign during the next six weeks. Campaigns need help with voter identification and turnout, and in a close election year, this kind of ground work is vitally important -- and it's a fun way to get to know others in your community who share your political passions. Soon we will have a complete list of the candidates who are endorsed by the People For the American Way Voters Alliance. Click here to affirm your membership with People For in one simple step so we can share those endorsements with you.

  3. Be on the front lines to protect voting rights and democracy. We can help you find a way to volunteer in key states on or before Election Day. Sign up here!  

Let's make sure that on November 5, we're tired but elated!

P.S.  Are you doing something new this election year that you've never done before? Do you have a creative idea for energizing people to take action? Let me know and we'll share some of your stories. You could inspire someone else to take the next step — and you could help turn the tide! E-mail me at Kathryn@pfaw.org.

PFAW