Environment

Senator Shelby Should Maybe Review His Website

There are plenty of reasons to be outraged by Senator Shelby's decision to put a blanket hold on all executive branch nominations in an effort to steer more federal dollars to his state.  After all, most people would agree that it's good for the country for the Senate to be able to move forward on key nominations to the Army, Air Force, Department of Homeland Security and Department of Defense.

Senator Shelby, of course, would rather have more pork for his state, but you'd think that even he would be outraged by the principle of refusing an up or down vote on nominations.  After all, his own senate website rails against filibusters on judicial nominees.

As a U.S. Senator, I believe that the review of judicial nominations is one of the most important responsibilities of the Senate, and I firmly believe that each of the President's nominees should be afforded a straight up-or-down vote. I do not think that any of us want to operate in an environment where federal judicial nominees must receive 60 votes in order to be confirmed. To that end I firmly support changing the Senate rules to require that a simple majority be necessary to confirm all judicial nominees, thus ending the continuous filibuster of them.

And that's how he feels about nominations for lifetime seats on the federal bench.  If he's that committed to guaranteeing up or down votes on nominees who will have their positions for life, then obviously he'd support up or down votes for nominees who serve at the pleasure of the president.

Yet Senator Shelby is still obstructing these nominees to gain political leverage for his own pet projects.

I think there's a word for that.

PFAW

Business at the Court

It's the first Monday in October, and that means another Supreme Court term is upon us. In addition to cases addressing church-state separation and First Amendment protections, the Court will be hearing a load of cases relating to business and finance that could have broad implications for all Americans.

The justices’ decisions will be closely watched at a time when, constitutional scholars say, Obama administration initiatives are generating fundamental questions about the structure and limits of government power that will, in short order, reach the court.

“There will be major ways in which these interventions will produce legal and constitutional issues,” said Michael W. McConnell, a former federal appeals court judge who is now director of the Stanford Constitutional Law Center.

And these aren't even the kinds of business cases we're used to talking about with relation to the Court.

In recent terms, the business docket was studded with cases about employment discrimination, federal pre-emption of injury suits and the environment. With the exception of a single employment case, all of those categories are missing.

In their stead, important questions about bankruptcy, corporate compensation, patents, antitrust and government oversight of the financial system will confront the justices.

PFAW

If You Care About the Environment . . .

You should also care about the Supreme Court.

In a setback for environmentalists, the Supreme Court ruled on Wednesday that federal regulators may consider costs when deciding whether to order the operators of power plants to install protections for fish.

By 6 to 3, the court overturned a ruling by the United States Court of Appeals for the Second Circuit, in Manhattan, which had ruled that the Clean Water Act barred the Environmental Protection Agency from engaging in the kind of cost-benefit analysis that it had proposed.

The recent narrow-but-good decision in Massachusetts v. EPA shouldn’t fool anyone into thinking that the Supreme Court is a particularly green institution at the moment, and today’s 6-3 decision (Justice Breyer wrote a concurrence) should be a reminder that the “liberal” wing of the Court is far from uniform. There’s a big difference between a good Justice and a great one, especially when it comes to environmental issues.
 

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

Washington Post Editorial Gets It Wrong On Nominees

An editorial in today's Washington Post calls on the Senate to act quickly on President Bush's nominees to the Fourth Circuit. But as PFAW Legal Director Judith E. Schaeffer pointed out in a Letter to the Editor, the Post has ignored serious concerns that make these nominees very controversial, and the Senate should not rush to confirm them. You can read that letter below:

To the Editor:

PFAW