Immigration

The Roberts Court's 2011-12 Term: Is the Roberts Court Really a Court?

This piece originally appeared on Huffington Post.

Eric Segall, a professor of constitutional law at Georgia State University, has just written a provocative book called Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices Are Not Judges. The thesis is that the Supreme Court, unbound by any court above it, unfastened by the vagueness of constitutional text, and uninhibited by the gift of life tenure, operates like a freewheeling political "veto council" and not like any court that we would recognize as doing judicial work. Professor Segall challenges the legitimacy of the Court's decisions and essentially mounts an attack on the whole institution of constitutional judicial review except where the text of the Constitution is perfectly plain and clear.

It is easy to share Professor Segall's exasperation these days, but his argument is not wholly convincing. It understates how often our other courts--federal appeals and district courts and state courts--operate in a political vein and how often they too find themselves in deep ideological conflict. It also understates how clear, coherent, and logical the Warren Court was when it interpreted even vague constitutional language, like "equal protection" or "freedom of speech." Yet, Segall's clarion call to roll back judicial review today will be read by conservative judges as an invitation to negate and undo essential lines of doctrinal development that began in the Warren Court, especially the "right to privacy" decisions under Due Process, like Griswold v. Connecticut and Roe v. Wade, which Professor Segall in no uncertain terms asserts were wrongly decided.

The claim that the Supreme Court is "not a court" distracts us from what is truly at issue today. The Supreme Court is a court alright--indeed, it is the most powerful court in America, perhaps the world, and there's not much getting around that. It takes cases and controversies, writes opinions that refer to precedents and principles, and operates with the full panoply of constitutional powers reserved to the judiciary. The problem is that it is not a court committed to the rights of the people or to strong democracy unencumbered by corporate power. Indeed, it acts with most energy vindicating the rights of the powerful and the unjust. Alas, this hardly makes it an outlier in American history.

With its 2010 decision in Citizens United, the Roberts-led Court essentially cemented the institution's return to a class-bound right-wing judicial activism. Just as the Supreme Court went to war against social reform and President Franklin Delano Roosevelt's New Deal in the 1930s, just as it nullified the meaning of Equal Protection in sanctifying "separate but equal" in Plessy v. Ferguson in 1896, just as it expressed the Supreme Court's pro-slavery and racist jurisprudence in the Dred Scott decision in 1857, the Citizens United decision secured the contemporary Court's unfolding legacy as the unabashed champion of corporate power and class privilege.

The 2011-2012 Supreme Court Term

Several cases currently on the Court's docket will tell us whether the Roberts Court will accelerate its assault on public policies that advance the rights and welfare of the vast majority of "natural persons" in the country. Consider:

Legal War on "Obamacare": Health Care Reform and the Contractible Commerce Clause: Of course, the blockbuster of the Term is the cluster of cases that the Court is hearing on the constitutionality of Obamacare. There are two principal challenges to the Patient Protection and Affordable Care Act. The first, and certainly the one with the most political traction on the GOP campaign trail, is the claim that Congress has exceeded its Commerce Clause powers by compelling taxpayers to buy themselves health insurance or else pay a penalty in the program. However, the political ubiquity of this claim contrasts sharply with its feather-like legal force. Commerce Clause jurisprudence is replete with cases of Congress regulating national economic policy by compelling individuals to take actions that they would prefer not to take, such as serving customers in their restaurant that they don't want to serve or recognizing a union in their factory and reinstating workers who they fired for organizing it (see my Report for PFAW Foundation, The True Spirit of the Union: How the Commerce Clause Helped Build America and why the Corporate Right Wants to Shrink It Today, for a detailed accounting).

The ACA comes well within Congress's broad authority to address issues of national importance that affect the lives of millions of people moving and working in the streams of interstate commerce. Despite recent efforts by conservative Justices to constrict Congress's powers under the Commerce Clause, the vast majority of lawyers still believe that such powers are expansive and will be upheld even by the Roberts Court. An ABA poll of legal academics, journalists, and lawyers that allowed respondents to remain anonymous showed that fully 85% believe that the Court will uphold the ACA in full, and with a 6-3 vote seen as the most likely outcome. While the Supreme Court in the Citizens United era has been ready and willing to ignore precedent and defy logic in order to achieve its political goals, this law is so mainstream that even they are not expected to do so in this case.

The second challenge, a bit of a sleeper that saw little success in lower courts but now fascinates conservative lawyers, is that Congress has exceeded its powers under the Spending Clause and violated federalism by tying too many strings to federal Medicaid funding and thereby "coercing" states into accepting federal policies. The idea is that Medicaid has grown so big and pervasive that any conditions attached to it constitute a kind of Godfather offer that the states simply cannot refuse. From a doctrinal standpoint, the claim is somewhere between unlikely and silly, which is why no federal law or program has ever been found to unconstitutionally coerce the states under the Spending Clause . Experts in the ABA poll mentioned above predict that this outlandish argument will be rejected in an 8-1 split. A decision to strike down the ACA on this basis would be a stunning development indeed. As with the Commerce Clause issue, a decision to strike down the Medicaid expansion as unconstitutionally coercive would be recognized instantly as an exercise of political will rather than legal judgment.

Of course, should the Court uphold the ACA, as expected by most lawyers, that should not distract anyone from the damage it is doing in other ways, from the constitutional glorification of corporate political power to the continuing erosion of public health, environmental and workplace standards.

Immigration Law: the Arizona Case: Arizona v. United States addresses Arizona's efforts to develop and enforce an immigration law all its own. The statute in question provides law enforcement officers with the power to arrest someone without a warrant based on probable cause to believe that the person committed a deportable act. It also makes it a criminal offense for an undocumented immigrant to apply for a job without valid immigration papers. This presents a clear case of a law that is preempted by federal laws governing and defining U.S. immigration policy, which is committed by the Naturalization Clause of the Constitution to Congress. This case should offer no dilemma for conservatives on the Court, who almost always side with the Executive branch in preemption controversies relating to national security, police enforcement and immigration law. However, underlying all of the debate is legislation hostile to one of America's most scapegoated populations, the undocumented, and that political reality may change the legal calculus.

Attack on Labor Unions: From the repressive "labor injunctions" of the late-19th and early 20th-centuries to the Supreme Court's decisions undermining the right to organize during the New Deal, periods of judicial reaction have always included judicial assaults on the rights of labor to organize unions and fight for their interests. This period is no different, and the Supreme Court has given itself an opportunity, probably irresistible to the five conservative Justices, to take another whack at labor this Term. The case is Knox v. SEIU. It poses the question whether public sector unions must notify members of the union's political expenditures every time they happen so that employees who pay union agency fees to the union for purposes of collective bargaining only may demand a proportional rebate in advance for political expenditures. Or, alternatively, does it suffice to give an annual budgetary statement with notice of political expenditures and invite the "objectors" to seek a rebate at that point? The case, fairly frivolous on its face, but deadly serious in its political mission and reception on the Roberts Court, is obviously designed to further hobble unions and render them ineffectual political actors. The irony is that, through decisions like Abood v. Detroit Board of Education (1977) and Communication Workers of America v. Beck (1988), the Court has granted muscular rights and powers to dissenting union members that are totally undreamed-of when it comes to dissenting corporate shareholders. Company shareholders who object to corporate political expenditures have no right to a proportional rebate of their corporate shares, much less that they must be told of such corporate treasury political expenditures in advance. While defenders of the Court's decision in the Citizens United case love to observe that the decision opened the floodgates not just on corporate treasury money but on union treasury money too (as if the two were comparable!), they never follow through and make the obvious point that corporate shareholders should, therefore, enjoy the same rebate rights against "compelled speech" as union members presently enjoy. In any event, the war on unions continues and accelerates, with the Supreme Court poised again to undercut the political effectiveness of public sector labor unions, the last meaningful bulwark of labor solidarity in America.

The Surprising Early Return of College Affirmative Action to the Court:
In Fisher v. University of Texas at Austin, the Supreme Court has, surprisingly, decided to review its holding in Grutter v. Bollinger and explore dismantling what remains of affirmative action in the next Term. The 2003 Grutter decision preserved a soft form of affirmative action at the college and university level for young people who belong to racial and ethnic minority groups, but only for a period that Justice Sandra Day O'Connor suggested would be 25 years. Now, just nine years later, the ruling bloc is ominously poised to wipe out affirmative action entirely, a prospect we must judge a rather likely prospect given the Court's express loathing of progressive race-conscious measures and its brazen disregard for the original meaning of the Fourteenth Amendment, whose framers clearly contemplated such measures. Justices Scalia, Thomas, Alito, and Roberts insist that the Equal Protection Clause compels government to be "color-blind" even if seeks to remedy the effects of historical and continuing racism. This rhetorical gloss is a fundamental distortion of the meaning of the Fourteenth Amendment, whose framers clearly championed race-conscious measures, like the Freedmen's Bureau, to assist the historical victims of racism. The current project of using the Equal Protection Clause against racial and ethnic minorities seeks to deny any relationship between historical and present-day discrimination and continuing inequalities of opportunity.

Conclusion

The Supreme Court is, of course, still a court, no matter how much certain Justices behave like partisans. Yet, the Court's ideological politics are in full swing these days as the 5-4 conservative majority fleshes out one-sided doctrines in areas from corporate political rights to corporate commercial speech rights to affirmative action to Congressional power to union rights. This is a Court that almost always chooses corporate power over democratic politics and popular freedoms. In a Court of logic and precedent, a Court without aversion to the channels of popular democracy, the challenge to Obamacare would be a total non-starter. But here we are again, waiting to see whether the Court will follow the path of justice or the path of power.

Jamin Raskin is an American University Law Professor, Maryland State Senator and People For the American Way Senior Fellow.

PFAW

Justice Department Charges Anti-Immigrant Hero Joe Arpaio with Long List of Civil Rights Violations

Sheriff Joe Arpaio is something of a hero to the anti-immigrant Right. He was one of the most outspoken proponents of Arizona’s draconian anti-immigrant law last year, in a large part because he had already been using the racial profiling tactics it authorized for years. He delighted in punishing prisoners –including protestors of his tactics – by making them wear pink underwear, a practice he commemorated last month by giving Sarah Palin her very own pair. He briefly had his own reality TV show. He was courted by the Tea Party. GOP presidential candidates, including Michele Bachmann and Herman Cain vied for his endorsement, which he ultimately gave to Rick Perry before joining the candidate on the campaign trail.

Arpaio’s reckless flair for self-promotion and disregard for civil rights have been well-known for as long as he has had national fame. But today, the Justice Department released a long and scathing report detailing the Sheriff’s record of civil rights violations, including his discrimination against Latinos and non-English speakers, “excessive use of force” and “unlawful retaliation against individuals exercising their First Amendment right to criticize MCSO’s policies or practices.”

The AP outlines some of the most shocking allegations in the report:


The civil rights report said Latinos are four to nine times more likely to be stopped in traffic stops in Maricopa County than non-Latinos and that the agency's immigration policies treat Latinos as if they are all in the country illegally. Deputies on the immigrant-smuggling squad stop and arrest Latino drivers without good cause, the investigation found.

A review done as part of the investigation found that 20 percent of traffic reports handled by Arpaio's immigrant-smuggling squad from March 2006 to March 2009 were stops - almost all involving Latino drivers - that were done without reasonable suspicion. The squad's stops rarely led to smuggling arrests.

Deputies are encouraged to make high-volume traffic stops in targeted locations. There were Latinos who were in the U.S. legally who were arrested or detained without cause during the sweeps, according to the report.

During the sweeps, deputies flood an area of a city - in some cases, heavily Latino areas - over several days to seek out traffic violators and arrest other offenders. Illegal immigrants accounted for 57 percent of the 1,500 people arrested in the 20 sweeps conducted by his office since January 2008, according to figures provided by Arpaio's office.

Police supervisors, including at least one smuggling-squad supervisor, often used county accounts to send emails that demeaned Latinos to fellow sheriff's managers, deputies and volunteers in the sheriff's posse. One such email had a photo of a mock driver's license for a fictional state called "Mexifornia."


The report said that the sheriff's office launched an immigration operation two weeks after the sheriff received a letter in August 2009 letter about a person's dismay over employees of a McDonald's in the Phoenix suburb of Sun City who didn't speak English. The tip laid out no criminal allegations. The sheriff wrote back to thank the writer "for the info," said he would look into it and forwarded it to a top aide with a note of "for our operation."
 

Federal investigators focused heavily on the language barriers in Arpaio's jails.

Latino inmates with limited English skills were punished for failing to understand commands in English by being put in solitary confinement for up to 23 hours a day or keeping prisoners locked down in their jail pods for as long as 72 hours without a trip to the canteen area or making nonlegal phone calls.

The report said some jail officers used racial slurs for Latinos when talking among themselves and speaking to inmates.

Detention officers refused to accept forms requesting basic daily services and reporting mistreatment when the documents were completed in Spanish and pressured Latinos with limited English skills to sign forms that implicate their legal rights without language assistance.

The agency pressures Latinos with limited English skills to sign forms by yelling at them and keeping them in uncomfortably cold cells for long periods of time.

These allegations are disturbing enough in themselves. But what’s even more troubling is that the person behind them has been not only held up as a hero by the Right, but has served as an inspiration for immigration legislation around the country. In a report last year, we examined the ways the anti-immigrant Right has worked to dehumanize immigrants in order “to inflame anti-immigrant sentiment and build political opposition to comprehensive immigration reform.” It should come as no surprise that Sheriff Joe is the movement’s figurehead.
 

PFAW

Supreme Court Becoming a Prominent Campaign Issue for 2012

The choice of a Supreme Court nominee is one of a president's most important roles, one that has an impact on every American for decades. When Americans vote for president, they are also voting for what the Supreme Court will look like. While that has always been the case, several high-profile cases are making unlikely that anyone will overlook the importance of the Court when they cast their vote in 2012. In recent days, the Court announced that it would hear cases on:

  • the constitutionality of healthcare reform (a case that sets a fundamental challenge to congressional authority to address national problems);
  • Arizona's anti-immigrant bill, which would expose the state’s Latinos to harassment and intimidation regardless of immigration status; and
  • a Texas GOP redistricting scheme that doesn't reflect the substantial growth in the Hispanic population and which the Justice Department says was "adopted with discriminatory purpose."

As a result, a number of press outlets are out with stories on the Court and the election. The Washington Post's The Fix blog has a headline proclaiming "Supreme Court inserts itself into 2012 election in a major way." Politico reports:

Together, the cases will help shape the national political debate as well as the direction of policy on one of the most contentious issues of the election: the power of the federal government. On immigration, the justices will decide whether the federal government has the right to block state efforts to enforce immigration laws. On health care, the high court will wrestle with the question of whether the national government can require individuals to purchase health insurance.

...

While the political impact of the high court's entrance into these pivotal cases won't be clear until the justices rule, some analysts believe Obama would benefit from a decision on his health care law, regardless of the outcome.

"If the court does the unlikely and strikes the law down, he could try to run against the court. And if they uphold it, it takes some of the other side's rhetoric away" by undercutting arguments that the law is unconstitutional, said Rick Hasen, a law professor at the University of California, Irvine. "Immigration is harder to figure," he added.

Politico also quotes a number of legal and political experts and activists discussing the importance of the Court in 2012:

Thomas J. Whalen, Professor of Social Science, Boston University: [The Supreme Court] is one of President Obama's best political trump cards heading into his reelection campaign. He can reasonably argue to independents that although they're not crazy about how he's handled the economy, they'd be even more upset with a staunchly conservative Supreme Court intent on overturning almost a century of social and political reform dating back to the New Deal. ...

and

Michael Keegan, President of People For the American Way: The current Supreme Court, the most conservative in decades, has repeatedly gone out of its way to rule against individual Americans and in favor of powerful corporations, and yet is still little discussed in presidential politics. I hope that the legal battles over Arizona's immigration law and health care reform will focus wider attention on the true importance of the Court in all of our lives.

As Newt Gingrich concocts radical plans to undermine judicial independence and Mitt Romney hires extremist Robert Bork as his legal adviser, the importance of Supreme Court nominations is a conversation that all Americans need to have.

SCOTUSBlog has a good round-up of coverage:

"Yesterday the Court (with Justice Kagan recused) granted cert. in Arizona v. United States, in which the state has asked it to overturn the lower courts' decisions blocking enforcement of four provisions of its controversial immigration law, S.B. 1070 . . . several journalists – including Adam Liptak of the New York Times, Warren Richey of the Christian Science Monitor, Robert Barnes of the Washington Post, and Nina Totenberg of NPR — focused on the case's potential effect on the upcoming presidential election, particularly when combined with the Court's expected rulings on the health care and Texas redistricting cases."

It is hardly news that the Supreme Court is one of the most important issues in any presidential election. George Bush's nominations of John Roberts and Samuel Alito have led to a number of 5-4 decision finding novel ways to prevent individual Americans from exercising their legal rights when they have been wronged by powerful corporations. People's ability to pursue the legal remedies written against employment discrimination, consumer scams, and misleadingly labeled prescription drugs have all been severely undermined by an arch-conservative Supreme Court.

There's no doubt that the Supreme Court is a critical presidential campaign issue.

PFAW

Yesterday's Big Election Victories and What They Mean

What a huge day for progressive power! Yesterday, voters in nearly every region of the country turned out and resoundingly defeated right-wing attacks on:

  • Workers’ Rights (Ohio);
  • Choice (Mississippi);
  • Voting Rights (Maine);
  • Marriage Equality (Iowa);
  • Immigrant Civil Rights AND Government By the People (Arizona);
  • Public Education (North Carolina);
  • AND MORE.

In the nationally-watched races and ballot initiatives across America, progressives won across the board. These hard-fought victories are not just wins for people in these states. The results have important ramifications moving forward into the 2012 elections, with this flexing of political muscle providing a good source of hope that maybe 2012 can be our 2010.

Let’s remember that most of the Republican presidential candidates came down on the losing side of virtually every one of these issues, showing how out of touch they and their party are with Americans’ values. Frontrunner Mitt Romney, whom many consider to be the presumptive nominee, after his usual hemming and hawing, came out strongly against workers’ rights in Ohio and said he would support the shockingly extreme “personhood” amendment in Mississippi that would have given fertilized eggs the rights of human beings. Even the overwhelmingly Republican -- and culturally conservative -- electorate of deep red state Mississippi rejected that radical position by a whopping 58%-42%. An astute political observer might accurately say that Mitt Romney was in fact yesterday’s, and thus Election 2011’s, biggest loser.

Ohio – workers’ rights and defending the middle class WIN

In Ohio, voters stood up their neighbors -- their nurses, teachers, policemen and firefighters -- and successfully repealed the right-wing governor’s Wisconsin-style attack on the fundamental collective bargaining rights of public employees -- the law known as SB 5. Tallies are showing that over 60% of voters voted “No” on Issue 2, to repeal SB 5, with only six counties in the entire state showing majorities in favor of keeping the law. In all those counties, Republican Governor John Kasich won with more than 60% of the vote in 2010.

We worked hard, with PFAW activists in Ohio playing a critical role in the effort. Our allies in Ohio, especially our friends at We Are Ohio, led an inspiring and effective campaign. This victory will have a lasting impact in Ohio and national politics, as it staved off an attack that could have been crippling to progressives in a critical swing state.

The attacks on working people in Ohio, Wisconsin and other states are part of a right-wing effort to break the back of organized labor, which is a major source of progressive power and one of the only political counterweights to the corporate special interests that fund the Right. Like laws that disenfranchise voters in communities that traditionally vote more progressive, these new policies are a naked partisan power grab by Republican politicians, and at the same time serve as a big gift, basically a policy kickback, to their corporate contributors like the Koch brothers.

We will work hard to help replicate nationally for 2012 the Ohio organizing model that mobilized a middle-class revolt against right-wing extremism in that state.

Mississippi – reproductive rights WIN

As I mentioned above, voters in Mississippi, a state in which Democrats didn’t even bother to run a candidate in several statewide races, overwhelmingly rejected a state constitutional amendment that would have defined a fertilized egg as a person. That dreadful law would have effectively turned ALL abortions, without exception for rape, incest of the health of the mother, into murder under state law. It would have done the same with many popular forms of birth control and the processes involved in fertility treatment, even creating legal suspicion around miscarriages.

A similar “personhood” amendment had twice been rejected by voters in Colorado by similarly large margins, but polling leading up to Election Day in Mississippi showed a toss up. It’s important to note that while many anti-choice conservatives expressed reservations about the far-reaching extremity of the amendment, just about every Religious Right group and Republican supported it … and it lost by 16 points … IN MISSISSIPPI.

Maine – voting rights WIN

Maine voters yesterday voted to preserve their same-day voter registration policy after the right-wing legislature passed a law to repeal it.

In another example of the Right doing everything it can to make ballot access more difficult for some voters, after Republicans took control of the governorship and the legislature in 2010, one of the first things on the chopping block was Maine’s same-day voter registration law.

Voters have been able to register at their polling place on Election Day in Maine since 1973 -- if there is anything ingrained in the voting culture of Maine it’s same-day registration. Same-day voter registration is the reason Maine has one of the highest voter turnouts in the country (states with same-day registration average 6% higher turnout than states without it). It’s good for democracy … but apparently that’s bad for the Right.

Republicans had used the bogus straw man argument about “widespread voter fraud” -- even though it’s never been a reported problem in Maine. They amazingly trotted out the argument that people who wait until Election Day to register are not “engaged” enough in the process, even though same-day registrants are simply abiding by the law of nearly 40 years, and showing up on Election Day is the ultimate demonstration of “engagement.”

The Maine Republican Party even ran a full page newspaper ad just before the election trying to portray the ballot initiative to “repeal the repeal” and save same-day registration as some sort of gay activist plot. The ad implied that Equality Maine’s support of the referendum was somehow insidious and revealing of some problem with the long-standing, pro-democracy law. In reality, LGBT rights groups did have stake in the results of yesterday’s same-day voter registration ballot initiative because if Mainers would not join together to defeat such a radical right-wing usurpation of voters’ rights, then the Equality movement in that state concluded there would be little hope in waging another campaign to enact same-sex marriage equality by referendum. So, yesterday’s victory for voting rights effectively leaves the door open for a future victory for marriage equality as well. 

Iowa – marriage equality WIN

While the victory in Maine opens the possibility of a future win for marriage equality in that state, in Iowa, the state’s existing marriage equality law won a major victory with the election of the Democrat running in a special election for state Senate. Party control of the Senate hinged on this race and if the Republican had won, the legislature would surely move to undo marriage equality for same-sex couples in Iowa.

The Senate seat in question became open when Republican Governor Terry Branstad appointed incumbent Democratic Senator Swati Dandekar to a high paying post on the Iowa Utilities Board. Republicans knew full well that the bare majority Democrats held in the Senate would then be up for grabs, and with it, the fate of marriage equality. Congratulations to Democratic Senator Elect Liz Mathis, the voters who elected her and all the people of Iowa whose rights will continue to be protected by a state marriage law that holds true to our core constitutional values of Fairness and Equality.

Arizona – immigrant rights and democracy WIN

Voters in Arizona really made an impressive show of strength yesterday when they voted to RECALL Republican State Senator Russell Pearce, the architect of Arizona’s infamous draconian “show me your papers” immigration bill, SB 1070. Arizonans did themselves and the country a great service in rejected the lawmaker who pioneered the shameful racial profiling bill.

This is not just a victory for fair and humane immigration policy. The often untold story of SB 1070 is that it was engineered by the right-wing American Legislative Exchange Council (ALEC), a policy group funded by corporate special interests that essentially writes many of the laws pushed every year by right-wing state legislators across the country. SB 1070 was on its face an ugly, racist backlash against undocumented immigrants, but it was also a handout to the powerful private prison industry, which stood to benefit financially by mass roundups of undocumented immigrants who would, of course, be held in prisons.

The successful recall of the right-wing, anti-immigrant icon Russell Pearce was a win for fairness, for civil liberties and for the dignified treatment of America’s immigrant communities. But it was also a triumph over corrupt corporate influence in government and a victory for Government By the People.

Wake County, North Carolina – public education and racial equality WIN

Last month, voters in Wake County, North Carolina decisively defeated four conservative school board candidates responsible for scrapping the district's lauded diversity policies. Yesterday, the final runoff election was decided by Wake County voters who handed victory, and majority control of the school board, to the Democrats.

The ousted board members had been backed by the Koch-funded Tea Party group Americans For Prosperity (AFP). This past summer, People For the American Way and PFAW's African American Ministers in Action (AAMIA) program joined with Brave New Foundation to cosponsor the release of their “Koch Brothers Exposed” video that told the story of AFP’s involvement in the school board election and the board’s effort to resegregate schools. I’m proud that we were able to help shine a light on the Right’s unconscionable attack on public education, racial equality and civil rights.

More Notable Results

The citizens of Missoula, Montana passed a resolution in support of amending the Constitution to end corporate personhood and undo the Supreme Court’s disastrous decision in Citizen's United v. FEC. The referendum was initiated by a City Councilwoman Cynthia Wolken, an active member of our affiliate PFAW Foundation’s Young Elected Official (YEO) Network.

In Kentucky, Democrats won four out of five statewide races with incumbent Democratic governor Steve Beshear winning in a landslide over his Republican challenger

In New Jersey, after two years on the losing side of confrontations with Gov. Chris Christie, Democrats seemed to turn the tide, fighting off well-funded Republican challenges and gaining one seat in the state Legislature.

And in Virginia, the GOP was expected to take majority control of the state Senate -- which they only needed two seats to do – but might have fallen just short. With a paper-thin margin of 86 votes in one race handing preliminary victory to the Republican, there will surely be a recall and Democrats are at least publicly optimistic.

There were more progressive victories in local races around the country, and some losses. For the most part, however, the losses were either very minor or very expected. Where the eyes of the nation was focused, and where progressives put energy and resources, we won across the board. This morning, as we look ahead to 2012, the Right should be very nervous.

Thank you for your ongoing support -- it makes all the difference, every time … and 2012 will be no exception.

PFAW

Flashback: Reagan and Bush on the Humanity of Undocumented Immigrants

Former Utah Gov. Jon Huntsman made a surprisingly refreshing statement  in Wednesday's GOP presidential debate, when, answering a question about immigration reform, he said, “I hope that all of us as we deal with this immigration issue will always see it as an issue that revolves around real human beings.”

That Huntsman’s basic call for human empathy was surprising to hear at a GOP debate shows just how radically the party has shifted to the right in recent years. Outside the Beltway digs up this clip of George H.W. Bush and GOP hero Ronald Reagan discussing immigration reform at a debate in 1980:

Bush argues in favor of allowing the children of undocumented immigrants to attend public school, saying “We’re creating a whole society of really honorable, decent, family-loving people that are in violation of the law.” Reagan adds, “Rather than talking about putting up a fence, why don’t we work out some recognition of our mutual problems, make it possible for them to come here legally with a work permit, and then while they’re working and earning here, they pay taxes here.”

Contrast this with today’s Republican Party, where a growing contingent is pushing to amend or just intentionally misread the Constitution’s definition of citizenship, and where the two top GOP presidential candidates, when asked about the issue at last night’s debate, talked only about building a border fence and eliminating benefits to the children of undocumented immigrants.

Earlier this week, PFAW’s Michael Keegan wrote that Ronald Reagan, as much as he is a hero to today’s GOP, could never have gotten the Republican nomination in today’s polarized political climate. It’s remarkable that in today’s Republican Party, acknowledging the humanity of people who your policies affect makes you an outlier and a curiosity.

h/t The Spectator

PFAW

DHS Announcement on Deportations Marks Significant Step Toward Comprehensive Immigration Reform, Work Remains

On August 18, the Department of Homeland Security announced a major shift in its deportation priorities, monumental news and a very encouraging first step toward comprehensive immigration reform in America. DHS will now focus its deportations on only the highest priority cases, primarily those with criminal records or who pose threats to national security.  Low priorities will include veterans, those brought to the US as children, and spouses and families, where the administration’s understanding includes LGBT families. All 300,000 cases currently pending are up for review, as are future cases.

This change in policy is a significant victory for advocates of comprehensive immigration reform, including supporters of the DREAM Act and the Uniting American Families Act, but much more work remains to be done. The change only applies on a case-by-case basis: as José Antonio Vargas, founder of DefineAmerican.com, pointed out on his blog, broad policy change will have to come out of Congress. It seems the Obama administration has done as much as it can while Republicans continue to move the goal-posts on what they deem acceptable, as Rachel Maddow argued last night. Indeed, the Obama Administration has met Republican demands in increasing enforcement: 2009 and 2010 saw a continued increase in the number of people deported, despite a sharp decline in border apprehensions, meaning the Administration is deporting more people even while fewer are trying to get into the country illegally. We must continue to push for change that comprehensively addresses the needs of millions more immigrants not affected by this announcement.

You can read more about the new deportation policy here, and be sure to check out our fact sheets on the DREAM Act and the Uniting American Families Act.

PFAW

DHS, Congress, and President Obama: Stop separating our families!

There are an estimated 36,000 gay and lesbian binational couples in the United States. Because of the Defense of Marriage Act (DOMA) and other discriminatory federal policies, these Americans are unable to sponsor their foreign-born same-sex spouses.

Meet Frances Herbert and Takako Uedathey need your help! With Takako’s student visa set to expire, the threat of Takako’s deportation looms large for a couple who is legally married in Vermont and has known each other for over 30 years.

Anthony Makk and Bradford Wells are a couple in San Francisco who have been married for seven years. However, because their marriage is not recognized by the federal government, Wells, an Austrialian, faces deportation later this month.

Earlier this year, Rep. Jerrold Nadler and Sen. Patrick Leahy introduced the Uniting American Families Act (UAFA). It is a meaningful step toward providing equality to same-sex couples and keeping their families together. It would allow many same-sex partners to begin the immigration process more quickly, efficiently, and with fewer limitations. For many, it could very well be the only avenue available to keep their families together in the US.

Please join us in calling on President Obama and the Department of Homeland Security to keep couples like Frances and Takako and Anthony and Bradford together. Also, contact your senators and representative and urge them to cosponsor UAFA. All families deserve to stay together and have a chance at pursuing the American dream.

PFAW

Help build support for comprehensive immigration reform

Last month, Sen. Menendez introduced the Comprehensive Immigration Reform Act of 2011. Drawing on provisions from the AgJOBS, DREAM, and Uniting American Families Acts, this piece of legislation seeks to establish a pathway to citizenship for undocumented immigrants in the U.S.

Countless families have been torn apart, young people’s dreams of a bright future crushed, and communities brought to a halt because of harsh and unfair immigration laws. Menendez’s legislation, however, will make changes that allow undocumented workers, students, and families a chance at the American dream.

This legislation would be a powerful step not only towards making our nation a more humane place, but also towards making all of us safer. Undocumented workers would have to meet stringent requirements before being considered for citizenship, but creating a pathway to citizenship recognizes the hardwork of many undocumented immigrants and the numerous contributions they have made to American society.

Currently, the bill awaits further action in the Senate Judiciary Committee. There are currently 9 cosponsors of the legislation, but it will need much more support in order to pass. Please contact your senators and urge them to cosponsor the Comprehensive Immigration Reform Act. Immigrants throughout our history have transformed us into a strong country, and the immigrants of today will help build upon this legacy to keep this nation great.

PFAW

PFAW Looks Into Rick Perry's Extremist Ties

PFAW President Michael Keegan today wrote in the Huffington Post today about the radical and fanatical figures organizing Texas Gov. Rick Perry’s The Response prayer rally on August 6. Research from PFAW’s Right Wing Watch exposed many of Perry’s allies’ bizarre views, including interesting theories about Oprah Winfrey and the Statue of Liberty. Keegan writes, “The Response has turned out to be a powerful draw for the farthest of the far Right, attracting all varieties of extremists, whom Perry and his allies have welcomed with open arms.” Read the whole article at the Huffington Post and make sure to watch this must-see video on just some of The Response organizers:

As this is probably the kickoff event for Perry's run for the presidency, we should all know the backgrounds of the people and organizations that Perry is working with to promote the proselytizing event, known as The Response. His choice of allies belies the claim that it will be "apolitical" or even quasi-tolerant of non-Christians. Co-organizing and largely funding the rally is the American Family Association, a Religious Right group dedicated to infusing right-wing evangelical views into American politics. The AFA's chief spokesman, Bryan Fischer, is one of the most offensive voices in politics today. He has compared gays to Nazis and said gay people should be banned from public office; he has called for an end to Muslim immigration into the United States and a ban on the building of new mosques; he has said that Native American communities deserved past persecution and current poverty because of a refusal to convert to Christianity; he has even compared low-income African Americans to animals. In line with Fischer's views, the AFA dedicates itself to launching boycotts against companies that treat their gay employees well and sponsoring political get-togethers for the far right.

Then there is the International House of Prayer (yes, "IHOP"), the 24-hour-a-day worship powerhouse that has lent several senior staff members to planning The Response. IHOP's affiliated The Call rallies - politically charged events that gather hundreds of people to pray for anti-gay and anti-choice policies -- also serve as the model for Perry's event. As People For the American Way reported this month, the church's leader, Mike Bickle, has some pretty extreme views: he has warned that Oprah Winfrey is the harbinger of the Antichrist, and that marriage equality would result in the banning of marriage in some parts of the world.

And these are just the main organizers of the event. The Response has turned out to be a powerful draw for the farthest of the far Right, attracting all varieties of extremists, whom Perry and his allies have welcomed with open arms. Displayed prominently on the official "endorsers" page of The Response website are the names of pastors who have called the Statue of Liberty a "demonic idol"; blamed the 9/11 attacks on America's growing acceptance of gays and lesbians; blamed the mysterious bird deaths in Arkansas on the repeal of Don't Ask, Don't Tell; and advocated the violent overthrow of the U.S. government. Several participants are prominent advocates of "Seven Mountains" dominionist theology, which is basically the idea that a certain far-right breed of evangelical Christians need to take over all aspects of American society -including government, business and entertainment - to pave the way for the Second Coming of Christ. Fittingly, in a perfect illustration of the increasing acceptance of extremism on the Right, Perry even welcomed the endorsement of John Hagee, the pastor whose anti-Catholic and anti-Semitic statements were so shocking that John McCain had to publicly reject his endorsement in 2008.

Perry, questioned about the ragtag team of extremists he has assembled to help him launch his possible presidential run, has repeatedly claimed that he is not responsible for the views of everyone with whom he associates. He's not - but he should know who he's going to for advice, and whose profile he's lifting with a national soapbox. Perry says that The Response is meant in part to seek spiritual guidance for the political problems our nation faces. If these are the people he's going to for guidance, and who he's lifting up to help solve the nation's problems, we should all be concerned. What these groups want is for a very small sliver of American Christians with a certain narrow set of beliefs to control American politics - and to restrict everybody else's freedom to worship or not as they choose. Rick Perry, citing his own religious freedom, seems more than happy to lend them a megaphone.
PFAW

Is Rick Perry a moderate? Perhaps, if the price is right.

Cross-posted on Right Wing Watch

Here at People For the American Way, we’ve spent the last several weeks marveling as Texas Gov. Rick Perry plans a blockbuster Christian prayer rally in Houston, gathering around him a remarkable collection of Religious Right extremists – from a pastor who claims that the Statue of Liberty is a “demonic idol” to a self-described “apostle” who blamed last year’s mysterious bird deaths in Arkansas on the repeal of Don’t Ask, Don’t Tell. Perry claims the event is apolitical, but it is conveniently timed to coincide with the possible launching of his presidential bid and bolstered by groups that are dedicated to working far-right evangelical values into American politics.

Which is why we were all surprised today to find a story in The Hill titled “At second glance, Texas Gov. Rick Perry not as conservative as some think.” Really?


The evidence presented for Perry’s maverick-moderate tilt is that the governor has taken some reasonable positions on immigration reform and that he once angered Religious Right groups by requiring that all 6th grade girls in the state receive a vaccine for HPV, a sexually transmitted disease that can lead to cervical cancer.


Perry’s 2007 executive order requiring that the vaccine be offered to Texas’s sixth graders was a wonderful, progressive public health policy…but seemed a little odd coming from a far-right Texas governor. Interestingly, while the move angered Perry’s supporters on the Religious Right, it made one constituency very happy: lobbyists for Merck & Co., the pharmaceutical giant that manufactured the vaccine and stood to gain billions from the new law. The Associated Press reported at the time on the cozy relationship Merck had developed with the newly-reelected Texas governor:


Merck is bankrolling efforts to pass laws in state legislatures across the country mandating it Gardasil vaccine for girls as young as 11 or 12. It doubled its lobbying budget in Texas and has funneled money through Women in Government, an advocacy group made up of female state legislators around the country.

Details of the order were not immediately available, but the governor's office confirmed to The Associated Press that he was signing the order and he would comment Friday afternoon.

Perry has several ties to Merck and Women in Government. One of the drug company's three lobbyists in Texas is Mike Toomey, his former chief of staff. His current chief of staff's mother-in-law, Texas Republican state Rep. Dianne White Delisi, is a state director for Women in Government.

Toomey was expected to be able to woo conservative legislators concerned about the requirement stepping on parent's rights and about signaling tacit approval of sexual activity to young girls. Delisi, as head of the House public health committee, which likely would have considered legislation filed by a Democratic member, also would have helped ease conservative opposition.

Perry also received $6,000 from Merck's political action committee during his re-election campaign.

Maybe Gov. Perry just really cared about helping prevent an epidemic and helping girls in Texas receive good medical care. On the other hand, health care for Texans doesn’t seem to have been a major priority for Perry: by last year, the tenth year of his governorship, Texas ranked last in the country in terms of the percentage of the population with health insurance and the percentage of insured children.


The “Perry bucks the Religious Right for the health of young girls” story will probably continue to reappear as he continues to be lauded as the Republican Party’s last, best hope for 2012. But the full story in no way proves that Perry’s an independent-minded moderate. Instead, it offers a case study of the sometimes conflicting priorities of the Religious and Corporate Right, and a politician who tries to appease them both.

 

PFAW

New Tool Gives Unprecedented Insight into ALEC

Today, the Center for Media & Democracy and The Nation unveiled www.ALECexposed.org, an important resource that provides key insight into the workings of the American Legislative Exchange Council (ALEC), the shadowy organization that shepherds corporate-crafted bills through state legislatures, as detailed in this PFAW Foundation report. This new wiki-style website allows you view the actual legislation ALEC is pushing, including bills affecting:

These “model bills” are extraordinarily influential – they reach almost every state, and give incredible advantages to big corporations by carving special loopholes into environmental, tax and safety regulations and slashing worker and consumer protections. Below is a clip of PFAW’s Andrew Gillum discussing ALEC’s work with MSNBC’s Lawrence O’Donnell:

 

Visit msnbc.com for breaking news, world news, and news about the economy

PFAW

Will Immigration Authorities Stop Discriminating Against Same-Sex Marriages?

Last year, we wrote about Joshua Vandiver and Henry Velandia, a married couple who risked being separated because of discrimination in federal immigration laws. Vandiver, an American citizen, and Velandia, a Venezuelan, were married in Connecticut, but because the Defense of Marriage Act prohibits federal agencies from recognizing same-sex marriages, Vandiver was unable to sponsor Velandia for a green card, and Velandia was at risk of being deported.

Then, earlier this month, Immigration and Customs Enforcement quietly closed the case against Velandia – in a move that could set a powerful precedent for how immigration officials deal with cases of married gay couples. From the New York Times:

In a decision that could have far-reaching effects on immigration cases involving same-sex couples, federal officials have canceled the deportation of a Venezuelan man in New Jersey who is married to an American man, the couple’s lawyer said Wednesday.

Josh Vandiver, left, and his husband, Henry Velandia, outside the immigration court in Newark on Friday.

The announcement comes as immigration officials put into effect new, more flexible guidelines governing the deferral and cancellation of deportations, particularly for immigrants with no serious criminal records.

Immigration lawyers and gay rights advocates said the decision represented a significant shift in policy and could open the door to the cancellation of deportations for other immigrants in same-sex marriages.

“This action shows that the government has not only the power but the inclination to do the right thing when it comes to protecting certain vulnerable populations from deportation,” said the couple’s lawyer, Lavi Soloway.

The case has been closely watched across the country by lawyers and advocates who viewed it as a test of the federal government’s position on the Defense of Marriage Act, a federal law that bars the federal government from recognizing same-sex marriages.

Vandiver, a Princeton graduate student, and Velandia told their story in a video for the Daily Princetonian last year:

 

PFAW

Menendez Introduces Comprehensive Immigration Reform Bill

Senator Robert Menendez, along with Majority Leader Harry Reid and Senators Richard Durbin, Patrick Leahy, Charles Schumer, and John Kerry, today introduced the Comprehensive Immigration Reform Act of 2011. The bill creates a path to citizenship for undocumented immigrants who must meet strict requirements before waiting in line to become legal residents. The bill also addresses the continuing need for effective border security. Most notably, this bill includes the provisions for LGBT families outlined in the Uniting American Families Act, as well as the DREAM Act and AgJOBS. Here at PFAW, we’re very pleased to see such inclusive legislation being introduced.

America is a nation of immigrants, and our country’s history would be unfathomable without the men and women who have come here from all around the world. Comprehensive immigration reform will help the economy and create greater fairness and equality in our deeply flawed immigration system. We applaud these senators for their leadership in seeking to create a comprehensive and fair immigration policy. When addressing undocumented immigrants, the best thing our nation can do is to implement a stable path to legal citizenship, with equal opportunity for all, and that’s precisely what this bill does.

PFAW

YEO Network Meets with Obama Administration

UPDATE: The White House has posted some great video interviews with YEOs. 

Last Friday, 200 members of People For the American Way Foundation’s Young Elected Officials Network visited the White House to talk with Obama administration officials and meet the president. The elected officials, all progressives under the age of 35, were able to discuss their concerns about issues including the economy, immigration, health care and education with highly placed administration officials including Council of Economic Advisors Chairman Austan Goolsbee, HUD Secretary Shaun Donovan and Chief Technology Officer Aneesh Chopra. The elected officials then attended an intimate reception with President Obama.

The White House has a blog post on the event here, and below are some photos by YEO staff and network members.

(Photo: YEO Network member)

Young Elected Officials at White House policy briefing (Photo: Matthew Lesser)

President Obama speaks to the Young Elected Officials Network (Photo: YEO Network member)

 President Obama greets Young Elected Officials (Photo: YEO Network member)

 The YEO Network's Women's Caucus at the White House (Photo: YEO Network member)


The YEO Network’s Black Caucus at the White House (Photo: YEO Network member)

PFAW

Alabama Governor Signs Anti-Immigrant Law Even More Extreme Than Arizona’s

Last year, Arizona’s state legislature caused a national uproar when it passed a constitutionally dubious bill giving state and local law enforcement officers the power to police for illegal immigrants and essentially requiring all people who may look like immigrants to carry their immigration papers. Parts of that law are currently on hold as courts determine their constitutionality, but the copy-cat laws keep coming. Alabama’s governor has now signed the state’s own SB 1070 on steroids, or what its sponsor called “an Arizona bill with an Alabama twist”:

Under the new measure, police must detain someone they suspect of being in the country illegally if the person cannot produce proper documentation when stopped for any reason.

It also will be a crime to knowingly transport or harbor someone who is in the country illegally. The law imposes penalties on businesses that knowingly employ someone without legal resident status. A company's business license could be suspended or revoked.

The law requires Alabama businesses to use a database called E-Verify to confirm the immigration status of new employees.

….

Alabama's law is unique in requiring public schools to determine, by review of birth certificates or sworn affidavits, the legal residency status of students.

In other words, not only are Alabama police now being roped into immigration enforcement – so are public schools and private businesses and even private citizens. The law enforcement provision is troubling: like Arizona’s law, it would seem to encourage racial profiling by police officers instructed to detain people who they suspect may be undocumented immigrants. But Alabama’s new “twist,” requiring schools to investigate the immigration status of their students is one of the most dramatic over-reaches included in the many anti-immigrant laws that have been making their way through state government’s since the passage of SB 1070.

It’s no surprise that the mind behind Alabama’s law is Kris Kobach, Kansas’s secretary of state, who was also behind Arizona’s law. Kobach was formerly the top lawyer at the Immigration Reform Law Institute, the legal arm of FAIR, the central group in the anti-immigrant movement, which has a long history of racially-charged attacks on immigrants. FAIR, formerly a fringe group, and the divisive and dehumanizing rhetoric it pushes have been enjoying a renewed national prominence in the vicious anti-immigrant movement that has begun to take hold among even the mainstream GOP. We reviewed the tactics of Kobach and his allies in a report last year on growing trends in anti-immigrant rhetoric.

 

 

PFAW

Rick Santorum: The Hapless Holy Warrior Starts Another Crusade

Former Senator Rick Santorum formally launched his bid for the White House today. Given that Santorum's last run for reelection resulted in a crushing 17-point defeat, and given that his poll numbers are still in the low single digits in spite of his having been running a de facto campaign for the past year and a half, it would seem that Santorum's race is mostly a sign of the self-deceiving wishful thinking that overtakes people who believe they are meant to be president -- or in Santorum's case, who believe God truly wants them to be president.

Indeed, Santorum's campaign has already won him enough mockery that Pittsburgh Post-Gazette columnist Tony Norman recently dubbed him "the Rodney Dangerfield of American politics," saying he gets "as little respect as support."

Part of Santorum's problem is simply that he comes across to many people as annoyingly self-righteous. Norman writes, "His biggest problem is that he reminds everyone, including Republicans, of the annoying kid in Sunday school who memorizes all 66 books of the Bible so he can recite them in reverse order for the old ladies at church." In 2009, as Santorum's plans to run were becoming more apparent, journalist Matthew Cooper wrote, "My favorite Santorum anecdote actually comes from Bob Kerrey. After Santorum denounced Sen. Mark Hatfield, the Oregon Republican, for his opposition to the balanced budget amendment to the Constitution, the Nebraska Democrat was asked what he thought. 'Santorum, that's Latin for a--hole.'"

Fans on the Far Right

In spite of Santorum's huge negatives, he has his cheerleaders among right-wing activists and pundits who think he could still emerge from the unimpressive GOP pack.

Last month, right-wing Catholic activist Keith Fournier published a column that was essentially a mash note, declaring Santorum the winner of the South Carolina debate, calling his demeanor "Kennedy-esque," and gushing that Santorum's "courage to lead" is "what this Nation needs."

In February, columnist George Will praised Santorum as a "relentless ethicist" and said the GOP needs someone who can energize social conservatives who "are feeling neglected and are looking for someone like Santorum." To those who thought his loss would make him unelectable, Will asks, "Well, was Richard Nixon defunct after losing the California gubernatorial race in 1962?" I wonder if Santorum welcomed that comparison.

In January, when Santorum was criticized for slamming Obama's support for abortion in racial terms -- saying, "I find it almost remarkable for a black man to say 'now we are going to decide who are people and who are not people'" -- The National Review's Kathryn Jean Lopez praised Santorum for raising the issue of abortion in the black community.

The Christian Broadcasting Network's David Brody also praised Santorum back in January, before Brody's crush on Donald Trump burst into full flower.

Love him or hate him, let's be clear about Rick Santorum. He doesn't hold back. He doesn't mince words and conservative Christians and Catholics find this quality to be his best attribute. If and when he dives into the 2012 GOP mosh pit, he's going to be the guy that won't hold back and in the process he'll put some of these other 2012 contenders on the spot by bringing up issues that everybody whispers about but rarely talks about in public.

Hard Right Record

Santorum's far-right rhetoric and policy positions are what keep hope alive among some of his supporters. He is campaigning as a hard-right candidate who can appeal to every stripe of conservative. And he certainly has the record to back up that claim.

Speaking to a Tea Party gathering in February, Santorum embraced an extreme view of the constitutional separation of powers and the role of the federal judiciary, reportedly saying that Congress has the power and the right to declare what is constitutional or not. He said Congress has the power to disband the federal courts and that "I would sign a bill tomorrow to eliminate the 9th Circuit [Court of Appeals]. That court is rogue. It's a pox on the western part of our country." He told the Conservative Political Action Conference in February that "America belongs to God" and the judiciary has no right to "redefine" life or marriage.

He's a fierce critic of federal health care reform legislation, saying it will "destroy the country," portraying it as the equivalent of drug dealing and telling a group of Christians that getting hooked on health care would make them "less than what God created you to be." He has said that "if Obamacare is actually implemented," then "America as we know it will be no more."

Today, after he announced his candidacy, Santorum declared that American troops at D-Day had been fighting for Rep. Paul Ryan's plan to effectively end Medicare. "Those Americans risked everything so they could make that decision on their health care plan," he said.

He pushes the Tea Party's small-government ideology, saying the problems in the housing industry will be resolved by "getting regulators to back off" and letting the markets work their magic. Similarly, he says the answer to creating jobs is to get rid of all the government intervention that he believes is strangling businesses -- health care reform, financial regulation, the Environmental Protection Agency, and more.

In a bid to salvage his sinking 2006 reelection campaign, Santorum turned to bashing immigration reform and "amnesty" for illegal immigrants.

Santorum has a social issues record to make the Religious Right cheer. He made a name for himself on the national scene with his attacks on gay rights, most notably in a 2003 interview comparing gay relationships with "man-on-dog" sex. (In the same interview he argued that the Constitution does not protect a right to privacy. Recently he said that allowing loving gay couples to adopt children is "trying to defy nature" and should be illegal, as should gay marriage. He says that the Obama administration's decision to stop defending the Defense of Marriage Act in federal court meant that the "free exercise of religion will be eviscerated."

Although, while in the Senate, Santorum supported the occasional pro-choice Republican, he calls Roe v. Wade a "monstrosity" and supports criminalization of abortion, which he says is the reason Social Security is in trouble. He backs right-wing attacks on funding for Planned Parenthood's family planning services, actively taking part in the right-wing propaganda campaign against Planned Parenthood. Santorum has slammed the Griswold decision, in which the Supreme Court recognized a constitutional right to privacy and overturned a state ban on contraception, as a "constitutional wrecking ball."

Santorum gave Religious Right activists a powerful tool for pushing religion into public school classrooms when he sponsored an amendment to the "No Child Left Behind" law that encouraged the teaching of intelligent design in science classes. The amendment, written in part by the creationist Discovery Institute, became a force behind creationists' bogus "teach the controversy" strategy. Santorum wrote in 2002 that "Intelligent Design is a legitimate scientific theory that should be taught in science classes." Scientists and courts disagree.

Santorum has been a severe critic of Islam from his perch at the "America's Enemies" program at the right-wing Ethics and Public Policy Center. He says Islam is incompatible with western civilization because Shariah is both a civil code and a religious code. But he also says of Christians that "it is our obligation" to make civil law in America "comport with God's laws."

Santorum has tried to get attention to his desire to be the second Catholic president by slamming the first, saying he was "appalled" by John F. Kennedy's "radical" support for the separation of church and state - a centerpiece of Kennedy's vision of America. Speaking of the Kennedys, Santorum criticized church officials for praising former senator Ted Kennedy at his funeral, saying there was "no excuse" for it and arguing that it was harmful to send the message that it was okay for Catholic politicians to dissent from church teachings.

Although Santorum has been quick to slam progressive Catholics for not hewing closely enough to the doctrine of Church hierarchy, he's shown no compunction in casting aside Church teaching when it conflicts with his extreme ideology, as he did when repeatedly supporting "enhanced interrogation" techniques like waterboarding -- which has been clearly labeled "torture" and "an intrinsic evil" by the Catholic Church.

Santorum blamed the church's sex abuse scandal on the liberal political culture of Boston:


Priests, like all of us, are affected by culture. When the culture is sick, every element in it becomes infected. While it is no excuse for this scandal, it is no surprise that Boston, a seat of academic, political and cultural liberalism in America, lies at the center of the storm.


Obama as Enemy

At least one columnist has suggested that Santorum is angling for a VP spot, where he would serve as the GOP campaign's attack dog. He has repeatedly demonstrated his willingness to savage President Obama in the most extreme terms. Obama he says, does not have "a love of this country and an understanding of the basic values and wants and desires of its people." If Obama is reelected, he says, "Democracy and freedom will disappear." Santorum says Obama's talk about his faith is "phony" because the president, like other liberal Christians, has "abandoned Christendom" and has no "right to claim it." In fact, he says, Obama and "the left" are actively seeking to "destroy the family and destroy the Church" because that is the only way they can "be successful in getting socialism to be accepted in this country and that's what their objective is." During the 2008 campaign, Santorum was declared one of Keith Olbermann's "Worst Persons in the World" for continuing to spread the right-wing lie that Obama "won't wear the American flag pin."

When President Obama criticized cable news, Santorum ridiculously portrayed it as a prelude to tyrannical censorship: "This reminds me of what Hugo Chavez is doing down in Venezuela, trying to shut down the voice of opposition in the media." He says Obama "doesn't believe in the foundational principles that made this country great, which is limited government and free people." He said his own grandfather came from fascist Italy to a country that would allow him to be free: "That's the kind of change we need in Washington, DC."

In an April 28, 2011 foreign policy speech at the National Press Club, Santorum declared that "unlike President Obama I believe we were a great country even before the Great Society Programs of the 1960s." He went on to say, "Freedom has been our watchword, our anchor and our moral guide for nearly every cause both here and abroad. But today we have lost this mission because our president doesn't believe in it." After another (now-GOP-requisite) slam on Obama for not believing in American exceptionalism, Santorum slammed Obama for not doing more to support protesters in Iran: "We sided with evil because our president believes our enemies are legitimately aggrieved and thus we have no standing to intervene." Last year Santorum reportedly told a Pennsylvania crowd "that Obama seeks to make the United States like Europe, a continent whose citizens have turned their backs on faith and grown selfish, and where governments bestow rights upon the citizenry, rather than a place where all are born with God-given rights."

Violating Reagan's 11th Commandment

One reason Santorum might not be very popular in spite of his reliably right-wing record is that he is a habitual violator of Ronald Reagan's 11th Commandment. Santorum seems quite happy to speak ill of his fellow Republicans. He has slammed Romney as "Obama's running mate" (a reference to Romney's support for health care reform in Massachusetts) and criticized Newt Gingrich for criticizing Paul Ryan.

During the 2008 campaign, he repeatedly criticized John McCain. After pledging that he would never support McCain, he tepidly endorsed him after Sarah Palin joined the ticket. Santorum even wrote a snide column after McCain's loss predicting (wrongly) that McCain would seek historical redemption by leading the charge in Congress to help Obama move his agenda.

One of Santorum's less-successful slams on a fellow Republican came when he criticized Sarah Palin for not attending the Conservative Political Action Conference and suggested that her duties as a mom to five kids may have made her too busy. Palin in turn suggested that Santorum might be a "knuckle-dragging Neanderthal."

God's Candidate?

Santorum sees politics in spiritual terms. He says that government gets bigger and more intrusive without a "moral consensus" to guide society. In 2008 he told faculty and students at right-wing Ave Maria University, "This is not a political war, it is not a cultural war; it's a spiritual war." Santorum suggested that his opponents were agents of Satan: "The Father of Lies has his sights on what you would think the Father of Lies would have his sights on -- a good, decent, powerful, influential country: the United States of America." He warned the students that if they signed up for God's army, "you'll be ridiculed and you'll lose most if not every one of your battles. But you know who's going to win in the end, so you warrior on happily."

The Campaign Limps Along

Last spring, Santorum said he saw "an opening for someone who can unite the various primary factions -- economic libertarians, party establishment types and cultural conservatives," according to CBS News' Marc Ambinder. But after more than a year of campaigning, Santorum is polling at just two percent among Republicans.

Santorum is unfazed, saying that his poor showing in national polls is only because he's focusing on important early states of Iowa, New Hampshire, and South Carolina, where he won a GOP straw poll earlier this year. Though to keep that win in perspective, Santorum was the only candidate to show up to the GOP dinner and took 150 votes out of the 408 cast.

Cross posted on The Huffington Post

It's hard to predict what could happen in the GOP primary, but at this point, Santorum's barely-limping-along campaign seems in need of divine intervention.

PFAW

PFAW Foundation Honors Young, Progressive Elected Officials

Saint Paul City Councilman Melvin Carter and Wisconsin State Senator Chris Larson

Last weekend, about 200 young, progressive elected officials gathered in Washington at the sixth annual convening of PFAW Foundation’s Young Elected Officials Network. The Network, which includes over 600 state and local elected officials from across the country, honored five of its own who have done exceptional work in their communities over the past year.

City Councilman Melvin Carter of St. Paul, Minnesota was awarded the YEO Network’s Barbara Jordan Leadership Award. The award, named after PFAW Foundation co-founder Barbara Jordan, honors “a young elected official who has shown dedication and support to the YEO Network and has a distinguished record of public service to their community and the progressive movement at large.”

Carter, who is now the YEO Network’s Minnesota state director, became involved in politics after his brother was turned away from a Florida polling place in the 2000 elections. As an elected official, he has continued to work for voting rights and for equal rights and opportunity in his community. In 2009, Carter founded the Frogtown/Summit-University Community Investment Campus, a partnership between city, county, school, and community leaders to support high quality education outcomes for all children. Another priority of his is transit equity: he’s working to create opportunities for local businesses and affordable housing along a planned light rail line in St. Paul.

PFAW Foundation’s president, Michael Keegan, presented the Presidential Award of Distinction to Wisconsin State Senator Chris Larson, one of the state senators who left the state this winter to try to prevent a union-busting law from being passed. Larson has been a strong voice for working people in Wisconsin and around the country.

South Dakota State Senator Angie Buhl was awarded the YEO Network Leadership Award for her deep commitment to the YEO Network and People For the American Way Foundation. Sen. Buhl, who is the youngest member of South Dakota’s legislature, is a graduate of both of PFAW Foundation’s youth leadership programs, Young People For and the Front Line Leaders Academy.

Florida State Representative Dwight Bullard was awarded the YEO Progressive Leadership Award for his commitment to fighting for justice and opportunity in the Florida legislature. Representative Bullard is a fierce advocate for both education and immigration reform.

Massachusetts State Representative Sean Garballey was awarded the YEO Community Service Award for his commitment to servant leadership. In 2009, Rep. Garballey donated his share of a pay increase to state legislators to charity, because he did not believe it was fair for his pay to increase while the staff that works tirelessly to support him was being forced to take furloughs. He has also been active in supporting recovery efforts in Haiti after last year’s devastating earthquake.

PFAW

Roberts Court Upholds Arizona's "Death Penalty" for Companies Hiring Undocumented Immigrants

With Chief Justice Roberts writing an opinion for the conservative majority (or, in parts of the decision, a plurality), the Supreme Court yesterday upheld an Arizona law imposing draconian penalties on employers for hiring undocumented aliens, evading a federal law preempting such state laws.

Chamber of Commerce v. Whiting involves a 2007 Arizona law that punishes employers who knowingly hire undocumented aliens by suspending or revoking most of their state licenses. The Chamber of Commerce argued that the law is preempted by the federal Immigration Reform and Control Act of 1986 (IRCA). IRCA prohibits the hiring of undocumented aliens and sets forth procedures employers must follow before hiring someone and the sanctions they will incur for violating the law.

Most importantly, IRCA expressly preempts local and state laws creating sanctions (other than through licensing and similar laws).

It is the "licensing and similar laws" clause in the federal law that is crucial in this case, because the draconian punishment set forth in the Arizona law is the suspension and revocation of "licenses," a term defined so broadly in the Arizona statute that it even includes a company's articles of incorporation. Some have called this the "business death sentence."

The Court noted that in dictionary definitions and other statutes, the term "license" can have a very wide definition that includes articles of incorporation. The Court concluded that nothing in the federal law prohibits Arizona from broadly defining the term licenses, so it upholds the state law. However, Justices Breyer and Sotomayor's dissents pointed out that the opinion overlooks how context narrows the definition of a word. As Justice Breyer wrote:

But neither dictionary definitions nor the use of the word "license" in an unrelated statute can demonstrate what scope Congress intended the word "licensing" to have as it used that word in this federal statute. Instead, statutory context must ultimately determine the word's coverage.

Justice Breyer pointed out that IRCA is carefully calibrated to balance multiple competing goals. Arizona's "death penalty" for businesses and lax procedural safeguards throw IRCA's carefully calibrated balance into disarray. Justice Sotomayor explained that the uniform federal plan becomes wildly internally inconsistent if interpreted to allow state-by-state decisions as to whether an employer has hired an undocumented worker.

The Court also upheld Arizona's requiring employers to use the federal E-Verify database to confirm that a person is legally authorized to work. Federal law makes its use voluntary, but the Roberts Court held that means only that no federal agency can make its use mandatory. States are free to require it if they so choose. The fact that it is a pilot program and that Congress actually had reasons not to make its use mandatory seems not to matter.

Federal law mandates a unified federal approach to immigration issues, and comprehensive immigration reform is long overdue. But right-wing efforts in Arizona to attack immigrants on a state-by-state basis today got a green light from the Roberts Court. This may signal that the state's infamous "your papers please" anti-immigrant law may get a welcome reception from the conservative Justices.

PFAW

Pandering for the Primaries, Pawlenty Tacks Right

Former Minnesota governor Tim Pawlenty officially launched his presidential campaign today in Iowa. Although he has been campaigning in Iowa and New Hampshire for a couple of years now, you may not know much about him. He has low name recognition and low poll numbers, and his book Courage to Stand is not selling that well. But journalists from The New Republic and National Review think he could well be the GOP candidate. So it's worth taking a good look at his record and his far-right ideology.

Part of Pawlenty's appeal is supposed to be that he is from Minnesota, and was elected as a conservative in a bluish-purplish state. Some people wrongly assume that being from Minnesota automatically makes him some kind of moderate. In fact, Pawlenty is campaigning as a hard-core, across-the-board conservative.

He makes appeals to Religious Right voters by talking up his faith and appearing on even the most offensive radio shows, like that of the American Family Association's Bryan Fischer, who is surely one of the most extreme, hateful and bigoted personalities in Christian radio. Pawlenty helped raise money for Ralph Reed's "Faith and Freedom Coalition" in Iowa. And he appointed an education commissioner who equated teaching of evolution with teaching of creationism but thought teaching sharing in kindergarten was "socialist."

Pawlenty's attacks on reproductive rights please anti-abortion advocates. A National Review Online blogger says Pawlenty "may be the strongest pro-life candidate" in 2012. As governor, Pawlenty signed legislation erecting barriers to women seeking abortions, including a required waiting period and anti-choice lecture. He has spoken at anti-choice rallies, looking forward to a day when Roe v. Wade would be overturned, saying: "We have a dream today that someday soon this will not be an anniversary of sadness, but an anniversary of justice restored."

Pawlenty has also fine-tuned his campaign and his record to be more attractive to the far-right Republican Party of the Tea Party era. He once actively supported regional action to address climate change and even filmed an environmental commercial. But now he apologizes, calls his former position "stupid," and has joined the ranks of climate change deniers. Pawlenty once voted for a gay rights bill as a state legislator, but then disavowed it and embarked on a journey that Think Progress described as "evolving homophobia." And he is a vocal supporter of the current effort to amend Minnesota's constitution to ban gay couples from getting married.

Pawlenty doesn't even support legal protections short of marriage, like those that could be provided by civil unions. He went so far as to sign an Orwellian letter defending the Family Research Council, the American Family Association and other anti-gay groups against criticism that they were promoting hate.

Pawlenty appears at Tea Party events and appeals to Tea Partiers with his opposition to health care reform. He denounces "Obamacare" as unconstitutional and one of the worst pieces of legislation in the history of the country. He compares the health care reform law to drug dealing and has joined legal efforts to prevent it from being implemented. In 2006, Pawlenty, in what opponents called election-year politics, pushed a wide array of proposals to crack down on immigration. Last year, he advocated amending the Constitution to deny citizenship to the American-born children of undocumented immigrants. Speaking to a Hispanic Republican group in January, he fudged his position, but said, "We can't have wide swaths of the country nodding or winking or looking the other way to broad violations of the law," rhetoric that echoes the "anti-amnesty" language used by opponents of comprehensive immigration reform.

And Pawlenty works hard to appeal to the economic and corporate right. He wrote a column in the Wall Street Journal last December slamming government employees and decrying a "silent coup, an inside job engineered by self-interested politicians and fueled by campaign contributions." The nonpartisan PolitiFact rated the column and its claims about government workers "Pants on Fire" -- its most-lying "Truth-o-meter" rating.

Pawlenty's self-portrait doesn't always mesh with reality. He rails against the "immoral debt" and touts his record as a governor of holding the line on growth in government. But in fact, as governor, he used short-term budget tricks that "left the state with a $5-billion projected deficit, one of the highest in the nation as a percentage of the state's general fund." He railed against the Obama administration's stimulus bill but then asked for $236 million from it.

He portrays himself as an anti-tax champion, but that's not how many Minnesotans experienced him. A state revenue department study in 2009 found that Minnesotans earning less than $129,879 saw their tax rates increase under Pawlenty. "Don't let anyone tell you Governor Pawlenty didn't raise taxes," said Sen. Al Franken. "It's about whom he raised them on. He raised them on lower- and middle-income families all across the state in order to pay for our kids' education."

Pawlenty promises right-wing groups that as president he will appoint "strict constructionist" judges -- code for judges with an 18th-century view of Americans' rights and interests. Last year he bypassed his state's Commission on Judicial Selection to appoint to a judgeship an attorney with strong Religious Right connections who served as counsel for the Minnesota Family Council in an anti-gay marriage case.

Back in 2008, when Pawlenty was frequently mentioned as a potential vice presidential candidate, he was criticized for being too boring on television, maybe a bit too "Minnesota nice." So the 2012 Pawlenty has learned how to make himself sufficiently aggressive for the GOP zeitgeist. In speeches at conservative conferences, Pawlenty denigrates President Obama, accusing him of appeasing the nation's enemies. In his campaign launch message, Pawlenty said President Obama lacks both understanding of the nation's problems and the courage to address them.

While these may all be traits that will help Pawlenty win the Republican nomination, it's hard for me to imagine that a majority of American voters would agree that what we really need in the White House is a trash-talking, flip-flopping, science-denying, abortion-criminalizing, gay-rights-bashing, Religious Right-embracing politician who is so eager to get elected that he'll promise the far right just about anything. He even faked a southern accent when speaking to conservatives in Iowa, provoking well-deserved mockery back in Minnesota.

Pawlenty's backers are convinced that his polling numbers are low only because Americans haven't gotten to know him yet. But as Nate Silver noted back in November, Pawlenty was not that popular among those who know him best of all:

... a survey of Republican primary voters in Minnesota -- where Mr. Pawlenty is the governor and where his name recognition is near-universal -- showed him getting only 19 percent of the Republican primary vote there (although this was good for a nominal first place with Ms. Palin placing at 18 percent). Mr. Pawlenty's approval rating in Minnesota is also a tepid 47 percent.

Cross posted on The Huffington Post

PFAW