Filibuster

Barbara Boxer: Supporting the DISCLOSE Act and the Voters' Right to Know

The U.S. Senate is currently debating the DISCLOSE Act. Passage of the DISCLOSE Act is essential if we are to mitigate the damage done to American democracy by Citizens United. This deeply flawed opinion has led to the unleashing of extraordinary corporate influence on elections at all levels in our country. In spite of this - or perhaps because of it - Republican obstructionists cynically sidetracked the DISCLOSE bill with a filibuster in July.

Senator Barbara Boxer, speaking in support of the bill, correctly stated that "the people have a right to know" who's spending millions to influence our elections.

Contrast that with her opponent, Carly Fiorina, who was pleased to accept the endorsement of the U.S. Chamber of Commerce. The Chamber not only opposes DISCLOSE, it is one of the main front groups that well-heeled corporations are using to hide their electoral activities.

It's really simple: The people's right to know vs. a corporation's right to skulk and hide. Kudos to Sen. Boxer for choosing the people.

PFAW

So Much for "Prompt Disclosure"

When the Supreme Court decided earlier this year to allow corporations to spend unlimited amounts of money to influence elections, the justices in the majority (save Justice Clarence Thomas) took care to note that “prompt disclosure” of political spending would allow citizens to hold candidates, and their funders, accountable. It’s a nice idea…but things haven’t exactly worked out that way.

Instead, Public Citizen reported last week, in the first election after Citizens United, groups funneling money to political activities have increasingly been hiding where their money comes from.

Only 32 percent of the organizations broadcasting electioneering communications in the 2010 primary season revealed in their filings with the Federal Election Commission (FEC) the identities of donors funding their advertisements, according to Public Citizen’s analysis of FEC filings. In contrast, nearly 50 percent revealed their donors in the 2008 election cycle, and close to 100 percent did so in the 2004 and 2006 cycles. Electioneering communications are campaign ads run shortly before elections that focus on candidates but don’t expressly urge a vote for or against them.

Only 10 percent of Republican groups disclosed their funders, in contrast to 50 percent of Democratic groups.

This shouldn’t come as a surprise. As Target learned the hard way this summer, shareholders, consumers, and voters aren’t particularly keen on large corporations bankrolling political campaigns. Funneling money through secretive groups allows corporate political spenders to have the best of both worlds: they can fund the campaigns of candidates favorable to them, and never have to be held accountable.

An attempt this summer to patch up the loophole that allows corporations to keep their election spending secret ran up against stiff opposition from corporate lobbyists and a unified filibuster from the GOP. President Obama summed up the result in his weekly radio address Saturday:

What is clear is that Congress has a responsibility to act. But the truth is, any law will come too late to prevent the damage that has already been done this election season. That is why, any time you see an attack ad by one of these shadowy groups, you should ask yourself, who is paying for this ad? Is it the health insurance lobby? The oil industry? The credit card companies?

But more than that, you can make sure that the tens of millions of dollars spent on misleading ads do not drown out your voice. Because no matter how many ads they run – no matter how many elections they try to buy – the power to determine the fate of this country doesn’t lie in their hands. It lies in yours. It’s up to all of us to defend that most basic American principle of a government of, by, and for the people. What’s at stake is not just an election. It’s our democracy itself.

This fall, the Senate will have another chance to bring the DISCLOSE Act to a vote. As the New York Times pointed out yesterday, the vote should be a no-brainer for moderate senators like Susan Collins and Olympia Snowe of Maine:

The Citizens United decision, paradoxically, supported greater disclosure of donors, but Senate Republicans have filibustered a bill that would eliminate the secrecy shield. Just one vote is preventing passage. That act is coming back for another Senate vote. The two Republican senators from Maine, Susan Collins and Olympia Snowe, might want to read a recent poll by the Maine Citizens for Clean Elections, which showed that 80 percent of the state’s voters support public disclosure.

In a poll we commissioned in June, 85% of Americans said that corporations already have too much influence over the political process. Voters want information. Will Congress provide it?
 

PFAW

The DISCLOSE Act's Second Chance

As Congress returns to work this month, the Senate will likely have another chance to vote on the DISCLOSE Act, legislation meant to mitigate the damage of Citizens United by requiring full disclosure of corporate spending in elections.

The House passed the DISCLOSE Act in June. In July, it sank in the Senate, when not a single Republican was willing to break a filibuster on the bill. Moderate Republicans Scott Brown, Susan Collins, and Olympia Snowe, despite previous support for clean election legislation, all sided with their party to kill the bill.

In the Washington Post today, E. J. Dionne writes that the support of those three senators is key to the passage of the DISCLOSE Act—though the pressure they face to oppose it is greater than ever:

As moderate Republicans, Snowe and Collins are undoubtedly looking over their right shoulders, fearful that they may go the way of Sens. Lisa Murkowski and Bob Bennett. This helps explain why they went south during negotiations over the health-care bill.

But repairing Citizens United is not an ideological question, although some cast it that way. Fiscal conservatives should be as worried as anyone about corporations using their newfound power to extract expensive special benefits from the government. Even conservatives who opposed campaign reform in the past have always insisted that they favor disclosure of campaign contributions. Disclosure is now more important than ever.

Snowe, Collins and Brown have made their careers by touting their independence. But that claim doesn't come cheap. This is the issue on which their promissory note is due.

This election cycle has already produced plenty of examples of corporations funneling money through front groups to support or smear candidates. In an ideal world, every member of Congress would stand up to corporate lobbyists and support a bill that would throw light on that murky political strategy. But at the very least, a disclosure bill should have the active support of those who profess to be independent campaign reformers.
 

PFAW

The Lingering Injustice of Don’t Ask, Don’t Tell

The Don’t Ask, Don’t tell policy has been denounced by a vast majority of Americans, rejected by the leaders of the military, and, if Republicans decide not to filibuster, will be finally on its way out in this year’s Defense Authorization bill. But, for now, the policy is still driving talented and dedicated Americans away from serving in the armed forces.

The New York Times yesterday interviewed several gay and lesbian current and former West Point cadets on the pressures of serving their country while hiding their identities. Katherine Miller is a 20-year-old cadet who left West Point this month after two years of being unable to follow both the Don’t Ask, Don’t Tell policy and the Cadet Honor Code to “not lie, cheat, steal or tolerate those who do.”

“It was a whirlpool of lies — I was violating the honor code every time I socialized,” she said in an interview.

Ms. Miller, who ranked 17th in her West Point class, wrote in her Aug. 9 resignation letter: “I have lied to my classmates and compromised my integrity and my identity by adhering to existing military policy. I am unwilling to suppress an entire portion of my identity any longer.”

The Servicemembers Legal Defense Network has been releasing a letter a day this week from family members of those who have been harmed by Don’t Ask Don’t Tell to the Pentagon officials charged with surveying straight military spouses about the policy. Pam’s House Blend is posting all the letters.

The parents of an Army sergeant who was fired because of Don’t Ask, Don’t Tell wrote:

As parents, this law offends us deeply. It tells us that our gay and lesbian children who are in uniform and putting their lives on the line every day, saving lives, are not good enough to serve their country. The law discriminates against family members, forcing fear and anguish into their lives. Our sons and daughters should be judged on their performance, loyalty to country and bravery, not their sexual orientation.

The partner of a Navy captain who survived the Sept. 11 attack on the Pentagon wrote:

As the numbness began to wear off, it hit me how incredibly alone I would have been had Joan been killed. The military is known for how it pulls together and helps people; we talk of the "military family," which is a way of saying we always look after each other, especially in times of need. But, none of that support would have been available for me, because under DADT, I didn't exist.

In fact, I would have been one of the last people to know had Joan been killed, because nowhere in her paperwork or emergency contact information had Joan dared to list my name.

Congress and the military may be on the path to repealing DADT…but as they meander down that path, injustices continue to pile up.
 

PFAW

Senate Republicans: Just Say No to Participating in the Legislative Process

A well-researched, provocative piece in The New Yorker this week explores the increasingly dysfunctional nature of the US Senate. In particular, the article draws attention to the unprecedented obstructionism of the current Republican minority:

Under [Minority Leader Mitch] McConnell, Republicans have consistently consumed as much of the Senate’s calendar as possible with legislative maneuvering. The strategy is not to extend deliberation of the Senate’s agenda but to prevent it. Tom Harkin [D-IA], who first proposed reform of the filibuster in 1995, called his Republican colleagues “nihilists,” who want to create chaos because it serves their ideology. “If there’s chaos, things will tend toward simple solutions,” Harkin said. “In chaos people don’t listen to reason.” McConnell did not respond to requests for an interview, but he has often argued that the Republican strategy reflects the views of a majority of Americans. In March, he told the Times, “To the extent that they”—the Democrats—“want to do things that we think are in the political center and would be helpful to the country, we’ll be helpful. To the extent they are trying to turn us into a Western European country, we are not going to be helpful.”

…The deepest source of [the Senate’s] problems is not rules and precedents but, rather, its human beings, who have created a culture where Tocqueville’s “lofty thoughts” and “generous impulses” have no place.

If Republican Senators were true statesmen, they would know that it is always “helpful” for the minority party to make an honest attempt to work through their differences with their opponents. Instead, Republicans have adopted a “just say no” legislative philosophy, making it impossible for the Senate to be the dignified and idea-oriented institution envisioned by the Founders.

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

Senate GOP Blocks Election Transparency, Baucus Responds with Constitutional Amendment

Republicans succeeded today in blocking Senate consideration of the DISCLOSE Act, a modest first attempt to start reigning in the money-in-politics free-for-all the Supreme Court set loose in January’s Citizens United decision.

The successful filibuster of DISCLOSE is frustrating, but it makes one thing very clear: the only way for voters to fully take back our democracy is to pass a Constitutional Amendment undoing the damage of Citizens United.

After the Senate’s vote on DISCLOSE, Sen. Max Baucus introduced a resolution calling for just such an amendment:

Baucus said:

The impact of Citizens United goes well beyond merely changing campaign finance law. This decision will impact the ability of Congress, as well as State and local legislatures, to pass laws designed to protect its constituents—individual Americans—when such legislation comes under fierce objection by large corporations. Corporations are now free to spend millions targeting individual lawmakers. Lawmakers’ ability to pass laws such as consumer safety or investor protection now faces even greater challenges when such laws merely threaten the corporate bottom line.

Congress and the American people must respond swiftly and firmly. The Supreme Court’s ruling in Citizens United has severely altered Congress’s ability to limit corporate spending in our electoral process.

The amendment simply returns the power of regulating election spending to Congress and the states. Here it is in its entirety:

Section 1. Congress shall have the power to regulate the contribution of funds by corporations and labor organizations to a candidate for election to, or for nomination for election to, a Federal office, and the power to regulate the expenditure of funds by corporations and labor organizations made in support of, or opposition to, such candidates.

Section 2. A State shall have the power to regulate the contribution of funds by corporations and labor organizations to a candidate for election to, or for nomination for election to, public office in the State, and the power to regulate the expenditure of funds by corporations and labor organizations made in support of, or opposition to, such candidates.

Section 3. Nothing contained in this Amendment shall be construed to allow Congress or a State to make any law abridging the freedom of the press.”

We’ve asked all federal elected officials and candidates to sign on to a pledge to support a Constitutional Amendment to reverse Citizens United. Find out more at www.pledgefordemocracy.org.
 

PFAW

Lindsey Graham and Extraordinary Circumstances

In his opening comments, Lindsey Graham raises the agreement reached by the Gang of 14 and the standard they set: that filibusters of judicial nominees could be allowed only in extraordinary circumstances.

Senator Susan Collins has already said that she doesn’t think that the “extraordinary circumstances” threshold has been met by Senator Kagan’s nomination, which should be obvious to any impartial observer.

But we shouldn’t forget that most Republicans didn’t embrace the standard set by the Gang of 14. They argued that a filibuster of a judicial nominee was unconstitutional in all cases. It wasn’t about politics, they claimed. It was a principled commitment to the Constitution. Senator Sessions, for his part, was unambiguous about his stance.

“One of the many reasons why we shouldn't have a filibuster, an important one, is Article I of the Constitution. It says the Senate shall advise and consent on treaties by a two-thirds vote and simply 'advise and consent' on nominations,” he said in a 2003 floor statement. "Historically, we have understood that provision to mean -- and I think there is no doubt the Founders understood that to mean -- that a treaty confirmation requires a two-thirds vote, but confirmation of a judicial nomination requires only a simple majority vote."

So none of the Republicans would ever try to filibuster a judicial nominee. Right?

PFAW

Ending Anonymous Holds

Last weekend, Senator Claire McCaskill put pressure on obstructionist Republicans, announcing that she had enough votes to end the Senate practice of placing anonymous holds on executive nominees. As McCaskill explained in her recent Huffington Post piece, “someone, it seems, secretly has a problem with these nominations but they don't want to be open and transparent about it.”

Apparently, the pressure worked: on Tuesday, 60 backlogged Obama choices were finally cleared by the Senate after months of Republican stonewalling. The confirmations represented a small victory over Senate Republicans’ unprecedented obstructionism, which has plagued the last year and a half of crucial legislative work. The GOP has not only placed an absurd number of anonymous holds on executive nominees; they’ve also set an all-time record on misusing the filibuster to waste the Senate’s time and slow down important government business. Even after Tuesdays slew of confirmations, dozens of nominees remain unconfirmed – as compared to only thirteen at this time in George W. Bush’s presidency.

It’s clear that the Republicans in question don’t have substantive problems with the President’s nominees. Instead, they’re abusing Senate procedure to intentionally disrupt government functions. It’s time for a change in the way the Senate operates, and thanks to Senator McCaskill and her colleagues, we may soon have one.

PFAW

A New Ally For Kagan Opponents

As Republican leadership refuses to rule out filibustering Elena Kagan’s Supreme Court nomination, it’s important to keep in mind the ideological company her opponents keep. One new critic is none other than failed Supreme Court nominee Robert Bork, who plans to elaborate on his complaints against Kagan at a Wednesday news conference hosted by the anti-choice group Americans United for Life.

As we pointed out recently, Bork agrees with Republican Senate nominee and Tea Party darling Rand Paul that certain key parts of the Civil Rights Act should never have been passed. And lest his opposition to Kagan surprise anyone, he also opposed President Obama’s last nominee, Sonia Sotomayor. For more on Bork’s judicial philosophy, see the ad we made in 1987 to oppose Bork’s nomination:


 


It’s good to know that today Robert Bork is just another ultra-conservative lawyer and not a US Supreme Court Justice.

PFAW

Dawn Johnsen Speaks Out on the Office of Legal Counsel

Dawn Johnsen, the law professor who was forced in April to withdraw her nomination to head the DOJ’s Office of Legal Counsel, has written a forceful op-ed in today’s Washington Post. Johnsen, an exceedingly qualified candidate who was the victim of a fifteen month Republican obstruction effort, writes that the President and Senate need to quickly install a new OLC head—and to pick someone who will lead the office in an honest and nonpartisan way:

In 2004, the leak of a controversial memo on the use of torture catapulted the Justice Department's Office of Legal Counsel into the spotlight. Fallout and debate continue, including in the context of my nomination -- withdrawn this spring -- to head this office. While attention understandably is focused on confirming the president's Supreme Court nominee, the OLC remains, after six years, without a confirmed leader.

It is long past time to halt the damage caused by the "torture memo" by settling on a bipartisan understanding of the proper role of this critical office and confirming an assistant attorney general committed to that understanding.

There is no simple answer to why my nomination failed. But I have no doubt that the OLC torture memo -- and my profoundly negative reaction to it -- was a critical factor behind the substantial Republican opposition that sustained a filibuster threat. Paradoxically, prominent Republicans earlier had offered criticisms strikingly similar to my own. A bipartisan acceptance of those criticisms is key to moving forward. The Senate should not confirm anyone who defends that memo as acceptable legal advice.

Johnsen is right that the OLC should be led by a fierce advocate of the rule of law—someone like Johnsen herself. We hope that the debate over the next OLC nominee will, unlike the last debate, reflect the importance of this qualification.

 

PFAW

House Passes Defense Bill with Path to Repeal Don't Ask Don't Tell

The House has just passed a Defense authorization bill that includes a path to repealing the discriminatory and way too long-lived Don’t Ask Don’t Tell policy. The vote was 229 – 186.

Earlier today, People For President Michael Keegan said of the policy that prevents gay men and lesbians from serving openly in the military:

This discriminatory policy has for 17 years prevented patriotic citizens from serving our country in the armed forces. Because of this policy, thousands of qualified men and women have been forced out of the military simply because they are gay, and countless others have been deterred from serving in the first place. The policy does a disservice to men and women who have served this country with honor and stands in contradiction to our values as Americans.

The Senate must now clear its version of the bill. Republicans have threatened a filibuster.

The vast majority of Americans are on the side of equality and common sense on this issue. Let’s hope our Senators get the message.

PFAW

GOP Strategy Call: Obstruct Supreme Court Nomination to Delay Policy Debates

The day Justice John Paul Stevens announced his retirement, Senate Republican leadership vowed to obstruct the confirmation of whoever was nominated to replace him. Today, Republican Senators who had previously praised nominee Elena Kagan’s intellect and qualifications have become strikingly less supportive.

And now we have evidence that the obstruction of Obama’s Supreme Court pick, as a way of delaying progress on policy initiatives like climate change regulation and immigration reform, has been the GOP’s explicit strategy all along.

Talking Points Memo’s Brian Beutler obtained a recording of an April 22 RNC strategy call led by right-wing activist Curt Levey:

The crux of the GOP's strategy is to use Obama's nominee to wedge vulnerable Democratic senators away from the party, and drag the confirmation fight out until the August congressional recess, to eat up precious time Democrats need to round out their agenda.

"[I]t wouldn't take much GOP resistance to push a final vote into early August," Levey advised. "And, look, the closer we could get it to the election, frankly, the better. It would be great if we could push it past the August recess because that forces the red and purple state Democrats to have to go home and face their constituents."

Levey acknowledged that a filibuster likely won't last--that Obama's nominee, now known to be Solicitor General Elana Kagan, will almost certainly be confirmed. But he hammered home the point to Republicans that there's value in mischaracterizing any nominee, and dragging the fight out as long as possible, whether or not Obama's choice is particularly liberal.

This is frustrating, but not surprising, from a party that has recently displayed an unparalleled mastery of the Senate’s rules for delay. If they’re willing to stall the confirmation of one of their own party’s most prominent spokespeople, why would they not draw out the confirmation process for an obviously qualified Supreme Court nominee?
 

PFAW

Senators Study How to Break the Filibuster Gridlock

Yesterday’s confirmation of Chris Schroeder to head the Office of Legal Policy was a welcome break in the gridlock that GOP senators have created over President Obama’s Executive Branch nominees. (Though, as has become the pattern, they made sure Schroeder’s confirmation was held up for nearly a year before allowing it to easily pass in a 72-24 vote).

The GOP’s recent unprecedented abuse of procedural stalling tactics has Senators and observers scrambling for ways to amend filibuster rules to get the Senate working again.

In the Washington Post this morning, Ruth Marcus details her ideas on reforming the filibuster while maintaining the power of the minority to have a strong voice in the Senate, and Ezra Klein outlines the enormous time-wasting potential of the current rules.

And Chuck Schumer, chairman of the Senate Rules Committee, has launched a (sure to be smash hit) series of hearings on filibuster reform. At this morning’s hearing, there was some especially interesting testimony from the Brookings Institution’s Sarah Binder, who debunked the widely held idea that the Founding Fathers meant the Senate to be deliberative to the point of inaction.

The filibuster clearly has worthy uses (as anyone who’s seen Mr. Smith Goes to Washington knows), but it’s clearly wrong to imply that the Senate’s inventors intended the sort of obstruction that we see today.

Stanley Bach, a former legislative specialist at the Congressional Research Service who testified at this morning’s hearing, put it this way: “A useful starting point [to discussions of reform] is to ask whether the usual purpose of filibusters is more balanced legislation or no legislation at all.”

These days, the answer to that seems pretty clear.
 

PFAW

The Greatest Hits of GOP Obstructionism

The Senate Rules Committee is holding a hearing tomorrow to discuss the history of the filibuster, as Democrats consider their options for limiting GOP abuse of stalling tactics.

People For’s Marge Baker just released a memo on some of the GOP’s most egregious abuses of filibuster threats in the current Congress. She writes:

Although the bulk of the news coverage on nominations has focused on a few nominees singled out for very public attacks by the GOP and right-wing activists, it’s the lower profile nominations that most clearly illustrate the Republicans’ “Party of ‘No’” strategy. In dealing with those nominees, the GOP has undertaken a relentless and irresponsible campaign of obstruction that has frustrated the timely confirmation of the President’s nominees and diverted critical time, energy, and focus from other, equally critical business of the Senate.

The cases that Baker outlines—like that of Circuit Court Judge Barbara Keenan, who waited 124 days for a Senate floor vote on her nomination, only to find that no Republican Senator actually objected to her taking a place on the court—are frustrating examples of purely political obstruction. There’s not a consensus on what to do about the filibuster, but it’s clear that the extent to which the GOP has been using it just to stall the business of government is stunning.
 

PFAW

Undermining Trust in Government: A Cynical, But Winning, Strategy

John Perr wrote what I consider a must-read post over at Crooks and Liars about how Republicans, when in power, fail miserably at governing and seem to do their best art destroying our country. The results of their policies -- economic or otherwise -- inevitably force them out of office, but last long enough that they are able to pin the woes on their democratic successors and make "Government" the scapegoat for all the nation's problems, with particular anger being directed at the then-incumbents: Democrats.

That Americans' trust in government has plummeted to near-record lows isn't a surprise. After all, as the Pew Research Center documented, distrust of Washington is an American tradition, one which tends to rise and fall inversely with the economy. But the spike in anger towards the federal government, a fury which doubled to 21% since 2000, points to a potential midterm bonanza for the GOP. All of which suggests that the Republican Party whose anti-government rhetoric and incompetence in office helped kill trust in government may now be rewarded for it.

By now, the Republican recipe for badmouthing government into power should be all too familiar. First is to endlessly insist that, as Ronald Reagan famously said, "Government is the problem." Second is the self-fulfilling prophecy of bad government under Republican leadership, as the Bush recessions of 1991 and 2007, the Hurricane Katrina response, the Iraq catastrophe and the transfer of federal oversight powers to the industries being regulated all showed. Third, when the backlash from the American people inevitably comes as it did in 1992 and 2008, attack the very legitimacy of the new Democratic president they elected. Fourth, turn to the filibuster and other obstructionist tactics to block the Democratic agenda, inaction for which the incumbent majoirty will be blamed. Last, target the institutions and programs (Social Security, Medicare, the IRS) which form the underpinnings of progressive government.

Then lather, rinse and repeat.

Read Perr's entire post (w/links) here >

And check out two recent PFAW reports which evidence quite clearly that the Right has no real interest in actually governing or doing what's best for the country:

PFAW

Kyl disagrees with 69% of Americans on SCOTUS nominee

In his remarks on the retirement of Justice John Paul Stevens, President Obama alluded to his displeasure (which he hasn’t exactly been keeping secret) with the Supreme Court’s ruling in Citizens United v. FEC. Now the GOP is crying “litmus test”:

Senate Minority Whip Jon Kyl (R-Ariz.) invoked Supreme Court Chief Justice John Roberts’s name in a Senate floor speech Tuesday warning Obama not to nominate someone who would be an automatic vote against corporate interests. He made it clear such a nomination could provoke a GOP filibuster.

“The big corporation might have the right law and facts in a particular case,” said Kyl, who noted that Roberts in his own confirmation hearing said that in a dispute between a “big guy and little guy” he would vote for whoever had the law behind him.

“You don’t go on to the bench [saying], ‘I’m always going to be against the big guy,’ ” said Kyl.

Kyl’s straw man argument not only misconstrues Obama’s words, but shows how out of touch his party has become with the American people. A People For poll in February found that a full 78% of Americans—from across the political spectrum— believe that corporations should be limited in how much they can spend to influence elections, with 70% believing that corporations already have too much influence. And asked whether President Obama should nominate a Supreme Court justice who supports limiting corporate spending in elections, 69% said yes.

And just this week, a candidate running on a platform that included a Constitutional Amendment to overturn Citizens United won a resounding victory in a congressional special election in Florida.

Given that kind of evidence, Senator Kyl might want to rethink his decision to make himself a champion of corporate interests over the rights of ordinary Americans.
 

PFAW

Can the filibuster be fixed?

The threat of filibuster is holding up Senate business more than ever before, and Senators are at odds over whether to do away with or amend the rule that’s causing so much trouble.

People for Executive Vice President Marge Baker joined a panel yesterday at American University’s Washington College of Law to discuss what can be done to loosen up the gridlock in the deliberative body.

Baker, Washington Post columnist Ruth Marcus and Cato Institute scholar John Samples discussed several proposals that have been put forward to fix the filibuster problem, from limiting lawmakers to a “one bite” rule that would not permit filibusters of both motions to proceed to a bill as well as on the merits of the bill itself to reducing the number of votes needed to invoke cloture to scuttling the rule altogether. But they kept coming back to one point: what’s causing the gridlock isn’t the filibuster rule itself but its increasing use as an obstructionist tactic.

“The problem is not its existence; the problem is its overuse,” Marcus said.

People For the American Way has found that Republicans in the 111th Congress are holding up executive branch nominations at an unprecedented rate, and that they are more than ever invoking the cloture process to delay votes whose outcome they know they can’t change.

“It really is a problem. It really is causing government to break down,” Baker said, “The cloture vote is being used to an unprecedented degree, and the degree to which it’s being used primarily for obstruction, is really a serious problem.”

Here’s a look at the rate of cloture filings in the past 90 years:


And a look at filibuster threats to executive nominees from 1949 through March of 2010:

Senators Jeanne Shaheen and Tom Harkin have introduced a measure to phase out the filibuster in a series of steps, eventually ending in a Senate where votes can pass with a simple majority. Senator Tom Udall has proposed letting the Senate adopt new rules--and make a choice about the filibuster--at the start of every new Congress. But the solution may lie not in taking away the power of the minority to have some leverage in matters that are truly important (nobody likes that idea when they’re in the minority), but in limiting the situations where the filibuster can be used. Marcus suggested taking the option off the table for executive nominations, limiting its use in judicial nominations, and limiting the minority to one filibuster per law. Baker suggested changing the rule that provides for 30 hours of post-cloture debate before a matter can be voted on, which would save enormous time, particularly where the result is a foregone conclusion.

Though, whatever the form that filibuster rules take, I’m pretty sure we can count on the GOP to come up with creative ways to keep on stalling business.


Baker, Samples, Marcus, and moderator William Yeomans at American University's Washington College of Law

PFAW

Legislative Achievements Will Live or Die in the Courts

President Obama was elected on a promise of change, but in order for any of his legislative accomplishments to remain in place, they will need to survive court challenges.

Health care reform has passed. Major financial regulatory reform could be on the horizon. But these reforms will live or die in the federal courts. We immediately saw litigation from right-wing state attorneys general challenging the constitutionality of the health care bill. Will the fate of that bill and others be decided by George W. Bush-appointed judges? That looks increasingly likely if many of the lower federal court vacancies are not filled in a timely manner. Republican obstruction and threats of filibuster cannot be allowed to deter or delay the confirmation of much-needed judicial nominees.

Barry Friedman has an op-ed in today’s Politico that hammers home this point while providing some relevant examples:

Administrations frequently find their regulatory plans in judicial trouble. The Supreme Court gutted the Carter administration's plans to regulate toxic benzene in the workplace. When the Bush administration's Environmental Protection Agency refused to regulate greenhouse gases, claiming a lack of statutory authority, the justices disagreed. The Reagan administration suffered defeat on air bags, the Clinton administration on tobacco regulation.

Just last week, the D.C. Circuit Court ruled the Federal Communications Commission does not have the authority to require broadband providers to treat all customers equally regardless of the type of lawful content they're sending and receiving -- called "net neutrality."

Read Friedman's full piece here:
http://dyn.politico.com/printstory.cfm?uuid=F8683704-18FE-70B2-A857018EEDBEBF04
 

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GOP Obstruction: The Saga Continues

The first day back from spring recess and Republican senators were at it right off the bat, continuing their unprecedented obstruction and trying to filibuster the extension of unemployment benefits for over a quarter of a million out of work Americans. To his credit, Senator Reid almost immediately called for a cloture vote and a united Democratic caucus along with a handful of Northeastern Republicans provided the needed 60 votes to proceed with debate on the bill (which will allow for the bill's passage).

DownWithTyranny! has more >

You can take action against the GOP's unprecedented filibuster abuse here >

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