Judiciary

Senate to Try New Thing Called 'Work'

Senate Majority Leader Harry Reid has cancelled the scheduled 4th of July recess, in the hopes that the Republican obstructionists in the upper chamber might finally allow some real work to take place on behalf of the American people. The debt talks certainly deserve attention, but this is also a great opportunity to whittle down the critical mass of still-unconfirmed presidential nominees. The number of vacant positions, particularly in the judiciary, is an embarrassing testament to the unprecedented obstruction that is taking place. According to PFAW’s Marge Baker as reported in the Huffington Post, we can’t even begin to tackle this problem unless the Senate actually shows up for work:

Baker sees a simple means of drilling through the obstruction by embarrassing an opposition that has chosen to enjoy fictional days at the office at a time when most Americans are working extra hard to keep their jobs in a tough economy.

“One way to do that is stay in session and work -- force them to work -- and get something done,” Baker said, referring particularly to the Senate where there is an enormous backlog of unfinished business on the appointment front alone.

Of nearly 300 civilian appointments Obama has made this year, fewer than 100 of them have been confirmed by the Senate -- even when there is no opposition.

It’s particularly stark with judicial appointees. Baker noted that there are 15 judge nominees who have been unanimously approved by the Senate Judiciary Committee -- nine of them women or minority appointees -- yet none have made it to the floor of the Senate.

To her, that just looks like obstruction. And even worse, in her mind, is the idea that Republicans simply want to flout the law by refusing to confirm anyone to the CFPB -- unless the law is changed.

PFAW

U.S. Senators to LGBT Youth: “We’re making it better”

Thirteen members of the Senate are the latest voices in the It Gets Better Project. In this five-minute long video, senators from across the country speak out to send a message of hope and support for LGBT youth and a call to action for all Americans. Check it out: 

Through its efforts and mission the It Gets Better Project sends a positive message to LGBT youth, but I applaud the senators for taking the message one step further by saying: “we’re making it better”. Going beyond the simple, yet powerful, message of “it gets better,” these senators show us that taking action—and not passively waiting—will result in significant advances and great victories for LGBT rights.

Pointing out their support for repeal of Don’t Ask, Don’t Tell, the Defense of Marriage Act, and some even speaking out in support of marriage equality, these senators show their commitment to fighting for the LGBT community.

“It’s going to get better. Believe in it, let’s fight for it.”  - Senator Udall (CO)

It is disappointing, however, that we only hear from the voices of Democrats. Speaking out against harassment and discrimination of any form, against any group should transcend partisan politics and be countered with action from both sides of the aisle.

In talking about the importance and necessity of working together, Senator Richard Blumenthal of Connecticut put it best:

“Our nation has always done better when all of us, no matter where we’re from, what we look like, or whom we love, work together.”

Making it better to ensure that it gets better requires courage, commitment, and hard work on the part of both our leaders and individuals. I am so pleased to see a handful of senators coming out in support of LGBT rights and fighting to fulfill the promise of equality for all.

Special thanks to the following senators for speaking out in support of LGBT rights and continuing the fight for equality: Sen. Richard Blumenthal (CT), Sen. Sherrod Brown (OH), Sen. Maria Cantwell (WA.), Sen. Dick Durbin (IL.), Sen. Dianne Feinstein (CA), Sen. Al Franken (MN), Sen. Kirsten Gillibrand (NY), Sen. Chuck Schumer (NY), Sen. Jeanne Shaheen (NH), Sen. Mark Udall (CO), Sen. Sheldon Whitehouse (RI), and Sen. Ron Wyden (OR).

And I would like to extend a very special thank you to Senator Chris Coons (DE), who believes “equality is a question of morality,” for leading this important and inspiring effort.

It is my hope that we will soon hear from more members of Congress—Democrats and Republicans alike—with a similar message of making it better for LGBT youth.

PFAW

Senate Judiciary Committee Exposes the Corporate Court

The Senate Judiciary Committee held an important hearing this morning looking into the disturbing trend of the Roberts Court to shut down people’s access to justice when they go to court to vindicate their rights against large corporations.

The hearing was on Barriers to Justice and Accountability: How the Supreme Court's Recent Rulings Will Affect Corporate Behavior. Chairman Leahy opened the hearing discussing how recent Supreme Court cases are making it harder for working Americans to get their day in court. He expressed particular concern about three cases:

  • Wal-Mart v. Dukes, which will make it harder to hold big companies accountable when they violate civil rights laws;
  • Janus Capital Group v. First Derivative Traders, which shielded from accountability those who knowingly committed securities fraud; and
  • AT&T Mobility v. Concepcion, which prevents victims of consumer fraud from the protections of jury trials and class actions.

The committee invited four distinguished people to address the issue: Betty Dukes (plaintiff in the sex discrimination case against Wal-Mart) was the one panelist who was also a party to one of the cases being discussed. She spoke poignantly about her experience at Wal-Mart and the fear that so many women have of going against their employer, especially one as powerful as Wal-Mart. She promised to continue her fight, but knows that without a national class action, many women will be intimidated into not litigating.

Andrew J. Pincus (a Washington lawyer who has argued many cases before the Court) and Robert Alt (from the Heritage Foundation) denied that the Court was tilting unfairly to favor corporations, argued that the cases were decided rightly, and stated that the Court was simply upholding existing law. In contrast, Melissa Hart (law professor at the University of Colorado) and James Cox (law professor at Duke) took the position that the Court is wrongly shielding wrongdoers from accountability.

Professor Hart correctly characterized as a policy decision the Roberts Court's tendency to interpret procedural law so restrictively, despite congressional intent otherwise, so that Americans become unable to present their case to an impartial court.

Senator Whitehouse discussed the critical role juries play in American government. He noted that juries are mentioned three times in the Constitution, and that they remain a government institution that Big Business cannot corrupt. For years, the far right has been denigrating "trial lawyers" and "runaway juries" in an effort to keep Americans from being able to hold the powerful accountable. Whitehouse argued that the Roberts Court is acting consistently with that pattern.

People For the American Way Foundation submitted testimony to the committee on how the Roberts Court has removed substantive and procedural protections that are the only way that individuals can avoid becoming victimized by giant corporations that dwarf them in size, wealth, and power. These decisions often provide road maps to corporate interests in how to avoid accountability for harm that they do. The constitutional design empowering individuals to consolidate their power against corporations is slowly being eroded by a fiercely ideological Court. Today's hearing is part of an effort to expose the harm that is being done.

PFAW

Justice Thomas' Unethical Conduct Highlights Need for Reforms

Supreme Court Justice Clarence Thomas is generating quite a bit of attention these days. Questions abound – not from him, as he hasn’t asked a question during oral arguments for over five years – but from citizens concerned about the integrity of the Court.

Last week, the New York Times profiled Mr. Thomas’ relationship with wealthy corporate benefactors who often have business before the Court. Among them, a man Dallas real estate magnate named Harlan Crow, who generously offered Justice Thomas a $19,000 bible once belonging to Frederick Douglass, half a million dollars to Thomas’ wife so she could start a Tea Party group, and even generous contributions to museums featuring exhibits in the Justice’s honor.

Thomas has attended Koch-sponsored political fundraisers, which underwrite the very sort of front groups that now, thanks in part to Thomas’ vote in the Citizen’s United case, do not need to disclose their spending. And Thomas failed to recuse himself from three cases in which the American Enterprise Institute, which had given him a $15,000 gift, had filed a brief. It’s nice to get nice things, but if you sit on the Supreme Court of the United States, it is a serious problem if those gifts potentially influence – or appear to influence – your official conduct.

Perhaps the root of the problem is that the Judicial Conference Code of Conduct does not apply to Supreme Court justices. A movement is underway in Congress to address this gaping hole in our judicial ethical standards – a flaw that helps create an appearance that justice can be bought by the highest bidder. In a step to fix this flaw, Rep. Christopher Murphy (D-CT) is circulating a letter urging the House Judiciary Committee to investigate potential abuses by Justice Thomas and to consider applying the ethical code of conduct to the Supreme Court as a means to restoring the public’s faith in the integrity of the court.

Considering the concerns raised about Justice Thomas’ potential disregard of ethical boundaries, this call for an investigation is coming none too soon.

 

Check out an article on the subject in the Huffington Post by PFAW President Michael Keegan.

PFAW

Mat Staver Flaunts His Ignorance About Goodwin Liu

(cross posted to Right Wing Watch)

Mat Staver of the ironically named Liberty Counsel has a new video up where he takes credit for the shameful filibuster of Goodwin Liu. That clears up so much.

Was it Mat Staver who "exposed" the "extremism" of this extremely qualified nominee? Was it Mat Staver who convinced every Republican senator but one to ignore Liu's testimony before the Senate Judiciary Committee, his detailed written submissions, and his many articles, all of which disproved the lies being told about him? Was it Mat Staver whose keen legal arguments completely discredited conservative legal figures like Ken Starr, Clint Bolick, Richard Painter, and John Yoo, all of whom were part of the vast network of support Liu received from the nation's legal community across the ideological spectrum?

Yeah, right.

No, it was naked partisan politics at its worst and not Mat Staver that sank Goodwin Liu's nomination.

But the video does raise an interesting question: If Staver knows so much about Goodwin Liu, why does he repeatedly call him "Godwin"? Don't you think he would know the man's name after all of his exhaustive research and outreach to senators?

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

Major League Sports Teams to Make “It Gets Better” Videos

Last week, the San Francisco Giants became the first major league sports team to make a video for the It Gets Better Project, and already, other teams are following suit. 35-year-old Sean Chapin, tired of hearing all the negative press about Kobe Bryant’s anti-gay slur, started a Change.org petition asking the Californian baseball team to send out some positive messages to the LGBT community.

Soon after the Giants’ video was released, 12-year-old Sam Maden started his own Change.org petition asking his favorite baseball team, the Boston Red Sox, to do likewise. Within a few days, his petition had over 10,000 signatures, and the Red Sox agreed to make the video. The Chicago Cubs have also announced plans to make an It Gets Better video, and countless other sports teams have Change.org petitions demanding them to join the movement. It started out primarily with MLB teams, but these petitions are no longer limited just to baseball, nor just to American teams. The Cincinnati Bengals (NFL), Oklahoma City Thunder (NBA), and even Manchester United (UEFA) are among the many teams whose fans are asking them to make It Gets Better videos. People for the American Way applauds the sports teams participating in the It Gets Better Project, as well as the thousands of fans urging their teams to step up to the plate and publicly speak out against anti-gay bullying.

PFAW

Representative Darrell Issa Chooses Big Business Over the Lives of his Own Constituents

How many accidents will it take to get Rep. Darrell Issa to choose his constituents over his donors? The San Onofre Nuclear Station, located in Issa’s California congressional district, spilled 70 gallons of sulfuric acid on Saturday, its fifth spill in just over two years. These dangerous spills, combined with claims of a “deficient safety culture” at the plant, recently prompted hundreds of locals express their concern about the plant’s safety record. This, along with the recent nuclear disaster in Japan, would seem to be reason enough to prompt Issa to look into nuclear safety. Yet, he hasn’t given it more than a cursory glance.

Why would Issa ignore nuclear safety when the lives of his own constituents are most immediately at risk? Well, let’s follow the money. Edison International, which owns over 75% of the plant, is Issa’s third largest campaign contributor, donating $46,000 over Issa’s career, not including the $10,000 given to Issa’s two PACs. Is protecting the lives of his constituents just not worth asking questions of one of his biggest donors?

Find out more at Issa Watch, a project of the Courage Campaign

PFAW

Tennessee: Front and Center on Anti-Gay Legislation

Tennessee really seems to be going down the rabbit hole with their recent anti-gay legislation. Last month, a bill advanced to their state Senate, the “Don’t Say Gay” bill, which would prohibit educators from discussing any sexual orientation other than heterosexuality with students in kindergarten through eighth grade. This not only applies to lessons in classrooms, but to all discussions between educators and students. Any acknowledgement that gay people exist is officially prohibited, a cruel effort to isolate and declare as abnormal any children who are gay or who have gay family members (including parents).

This week, Gov. Bill Haslam signed a bill prohibiting local governments from enacting anti-discrimination laws that are stricter than those in state law. This new law overturns the recent Nashville Metro Council ordinance requiring businesses contracting with the city to prohibit discrimination based on sexual orientation and gender identity. Tennessee state law prohibits discrimination based on race, creed, color, religion, sex, age, or national origin, but that leaves out a number of groups who are still facing discrimination with no legal support.

Haslam told a reporter, "We're not in favor of discrimination in any form at all," but actions speak louder than words, and Haslam’s support of this legislation certainly screams out loud and clear.

Nashville attorney Abby Rubenfeld is currently putting together a lawsuit to fight this legislation. She notes that the bill is homophobic and targeted at LGBT workers, but it would also affect veterans, disabled people, and other groups that aren’t protected by the state anti-discrimination law.

PFAW

With Liu Gone, GOP Still Twisting his Record

On Wednesday night, Berkeley law professor Goodwin Liu wrote to President Obama asking that the his nomination to sit on the Ninth Circuit Court of Appeals be withdrawn. Liu’s exit was the culmination of two years of smears, scapegoating and filibustering, in which the nominee never even got an up or down vote from the Senate.

The main gist of Republican opposition to Liu was the claim that he would be an “activist judge” in favor of making up constitutional rights willy-nilly (a claim that Republicans in the Senate have lobbed at any number of highly qualified judicial nominees, including current Supreme Court justice Elena Kagan, but interestingly not at Republican nominees who have shown strong streaks of creative legal interpretation).

In an op-ed earlier this week, the New York Times singled out Sen. John Cornyn for his false claim that Liu holds the “ridiculous view that our Constitution somehow guarantees a European-style welfare state.” Yesterday, in a letter to the editor, Cornyn fought back, providing this quote from a 2006 law review article by Liu to back up his claim:

On my account of the Constitution’s citizenship guarantee, federal responsibility logically extends to areas beyond education. ... Beyond a minimal safety net, the legislative agenda of equal citizenship should extend to systems of support and opportunity that, like education, provide a foundation for political and economic autonomy and participation. The main pillars of the agenda would include basic employment supports such as expanded health insurance, child care, transportation subsidies, job training and a robust earned income tax credit.

What is interesting about this quote is that it doesn’t say what Cornyn says it says. At all. Nowhere in the quote -- which Cornyn points to as decisive evidence that Liu wants the courts to turn us into Denmark -- does Liu say that the courts should enforce a social safety net. In fact, Liu is careful to specify that he is discussing the duty of Congress to create a “legislative agenda” that fulfills the highest ideals of the Constitution, rather than a judicial responsibility to enforce that agenda.

Elsewhere in the article [pdf], Liu makes it perfectly clear that he sees it as the duty of Congress, not the courts, to guarantee basic living standards for citizens. He even explicitly states that he intentionally doesn’t use the term “rights” because that would imply “judicial enforceability” of the values that he’s discussing:

In this Article, I do not address whether the Supreme Court or any court should hold that the Fourteenth Amendment guarantees an adequate education. Although that question remains open in the case law, my thesis is chiefly directed at Congress, reflecting the historic character of the social citizenship tradition as “a majoritarian tradition, addressing its arguments to lawmakers and citizens, not to courts.” Whatever the scope of judicial enforcement, the Constitution—in particular, the Fourteenth Amendment—speaks directly to Congress and independently binds Congress to its commands. Thus the approach to constitutional meaning I take here is that of a “conscientious legislator” who seeks in good faith to effectuate the core values of the Fourteenth Amendment, including the guarantee of national citizenship.

From this perspective, the language of rights, with its deep undertone of judicial enforceability, seems inapt to probe the full scope of a legislator’s constitutional obligations. As Professor Sager has observed, “[T]he notion that to be legally obligated means to be vulnerable to external enforcement can have only a superficial appeal.” It is more illuminating to ask what positive duties, apart from corresponding rights, the Fourteenth Amendment entails for legislators charged with enforcing its substantive guarantees. Framed this way, the inquiry proceeds from the standpoint that Congress, unlike a court, is neither tasked with doing legal justice in individual cases nor constrained by institutional concerns about political accountability. Instead, “Congress can draw on its distinctive capacity democratically to elicit and articulate the nation’s evolving constitutional aspirations when it enforces the Fourteenth Amendment.” By mediating conflict and marshaling consensus on national priorities, including the imperatives of distributive justice, Congress can give effect to the Constitution in ways the judicial process cannot.

Thus the legislated Constitution, in contrast to the adjudicated Constitution, is not “narrowly legal” but rather dynamic, aspirational, and infused with “national values and commitments.” …

(emphasis is mine)

Cornyn and his pals in the Senate know what was in the article they attacked. Liu even explained it to them in detail in response to written questions from the Senate Judiciary Committee [pdf]. But it was easier to willfully misinterpret Liu's writing and paint him as irresponsible than to engage in a substantive debate on his qualifications.

 

PFAW

Shameful!

Imagine senators of one party filibustering a judicial nominee who has been hailed as one of his generation’s great legal minds by legal experts of both parties and across the ideological spectrum on the grounds that he is *too* qualified.

Well that's exactly what happened today.

In what could be the most egregious example of the GOP’s partisan obstruction of judicial nominations to date, Senate Republicans today blocked Goodwin Liu from receiving an up or down vote. Liu, a law professor and dean at U.C. Berkeley who as a nominee has the American Bar Association’s highest rating, was nominated for a seat on the 9th Circuit Court of Appeals by President Obama over a year ago, and has since been approved by the Judiciary Committee three times.

His credentials and grasp of the law and Constitution are impeccable. Liu’s only mistake: being too qualified.

At age 40, his confirmation to the 9th Circuit could put him in position to be the first Asian American Supreme Court nominee. Because of his intellectual heft, his commitment to Americans’ constitutional rights and his commonsense understanding of how the law impacts people’s lives, the prospect of Liu’s future elevation, and even his influence on a Circuit Court of Appeals, terrifies corporate special interests and right-wing ideologues ... the same people calling the shots with Republican senators.

Shame on them. The concocted justifications Republican senators used in their opposition to Liu were based on unbelievable distortions of his record by Radical Right activist groups, as well as Liu’s testimony in opposition to Supreme Court Justice Samuel Alito’s confirmation. They rested their opposition on lies because they know that a Liu filibuster makes a mockery of the supposed agreement between parties to employ a filibuster only in “extraordinary circumstances.” Everything about Goodwin Liu’s record and the breadth of his support indicates a legal expert squarely in the mainstream -- the only thing “extraordinary” about him is how good he is, and how deserving he was of confirmation.

Every GOP senator except Alaska’s Lisa Murkowski participated in the filibuster. If one or both of your U.S. senators are Republicans, CALL them right now and let them hear it. Tell them, “shame on you for filibustering Goodwin Liu,” and let them know that you will be working hard to hold them accountable in their state.

Make sure you SIGN our “Stop the Obstruction” petition to the Senate and let senators of both parties know that the continued obstruction of the president’s nominees is hurting our country and will not be tolerated.

We need Republicans to feel the pressure about their judicial obstructions just like they are feeling it about their attacks on Medicare. And Democratic leaders in the Senate need to know that they must be using every tool in their arsenal to combat this obstruction.

PFAW

On Climate Change, Oil Industry Pays for Its Own Facts and Its Own Religious Doctrine

Recently a group of climate change skeptics released a list of “900+ Peer-Reviewed Papers Supporting Skepticism of 'Man-Made' Global Warming (AGW) Alarm." But where did those 900+ papers come from? GOOD reports that of the ten authors cited most frequently in the list, nine have financial ties to ExxonMobil.

It’s hardly news that the oil and gas industry is pouring money into research dismissing the threat of climate change. But the extent of its influence continues to be staggering. Last month, we reported on the oil industry’s wildly successful underwriting of the Religious Right’s embrace of climate change denialism. In response to some prominent evangelical leaders joining the “creation care” movement, which see environmental protection as an imperative for those who want to protect God’s creation, energy company-backed groups are joining with prominent Religious Right leaders to push a gospel that mandates human exploitation of our natural habitat.

In a relatively short amount of time, the oil and gas industry has managed to buy both its own body of questionable scientific research and its own gospel of environmental exploitation.

Here, for a refresher, is the Religious Right’s response to climate science and creation care:

 

PFAW

Religious Right Groups And Chamber of Commerce Fail To Block District Court Nominee

Cross-posted on Right Wing Watch

Religious Right and pro-corporate groups failed today to block President Obama’s nominee for U.S. District Court in Rhode Island, John McConnell, from receiving an up-or-down vote in the Senate. The Senate invoked cloture on McConnell’s nomination in a 63-33 vote, defeating the filibuster against McConnell. Filibusters against district court judges are extremely rare—only a handful of District Court nominees have ever faced cloture votes, and none have ever been blocked—and many Republicans previously vowed they would never filibuster a judicial nominee.

Today’s vote came after a long wait for McConnell: according to The Providence Journal, the delay caused by the concerted right-wing effort to block McConnell forced Rhode Island’s chief federal judge to “take the unusual step of reassigning more than two dozen civil cases to judges in New Hampshire and Massachusetts.”

Why the tough fight? McConnell faced virulent opposition from the Chamber of Commerce over his role fighting big tobacco companies and lead paint manufacturers. The Chamber and other groups that oppose corporate accountability found allies in the Religious Right groups that decided to fight McConnell as well.

The Conservative Action Project made McConnell a top target of their efforts. The group includes pro-corporate organizations like the 60 Plus Association, National Taxpayers Union, Americans for Limited Government, Citizens United, and American Tax Reform, along with social conservatives such as the Family Research Council, Traditional Values Coalition, Heritage Action, American Values, Liberty Counsel Action, and Eagle Forum. The Conservative Action Project’s Memo to the Movement [PDF] claimed McConnell was unqualified to serve in the judiciary because he was a trial lawyer with a history of challenging big business.

Eagle Forum derided him as a “pro-choice, anti-business, pro-judicial activism nominee” who “has made numerous anti-business statements.” The Family Research Council slammed McConnell for his ties to the Southern Poverty Law Center, one of the country’s most prominent civil rights organizations, and Phillip Jauregui’s Judicial Action Group said that his link to the SPLC and the American Constitution Society shows he “supports organizations who support homosexual marriage and oppose conservative politicians.”

While the Corporate Right and the Religious Right filibuster of the McConnell nomination failed, many of these organizations will continue to work together to block other qualified judicial nominees and aggravate the country’s burgeoning judicial vacancy crisis.

PFAW

The Corporate Court Strikes Again: By 5-4, Supreme Court Undermines Class Action Consumer Protection Suits

Yesterday at the Supreme Court, the five conservative Justices on the Corporate Court handed corporate interests even greater control than before over Americans' daily lives. In AT&T v. Concepcion, a narrow 5-4 majority used a federal arbitration law in a way wholly alien to its intent: to undermine state consumer protection laws across the country. Even worse, under yesterday’s precedent, employers may now be able to easily cut off anti-discrimination enforcement through class action lawsuits – often the only way to address employment discrimination – by simply refusing to hire anyone who does not agree to resolve future conflicts through arbitration clauses that contain a ban on class action.

This case started when AT&T allegedly scammed thousands of customers by offering a "free" second phone, then charging them for the taxes on the undiscounted price of the phone. One of its victims brought a class action suit against the company. However, AT&T had a service contract where consumers had to agree to resolve any future claims against the cell phone company through arbitration, rather than the courts. In addition, customers had to agree not to participate in any class action against the telecommunications giant. So AT&T asked the court to enforce the agreement it had imposed upon the Concepcions by throwing out the class action suit and forcing them into arbitration, one lone family against AT&T suing for a few dollars without the protections of courts of law or neutral judges.

Under California law, the contractual prohibition against class action is so outrageous as to be illegal. California recognizes that such provisions effectively protect companies from being held liable for their transgressions and that they are able to force them upon consumers only because of the corporations’ vastly superior bargaining position.

But the Roberts Court said this state protection of consumers is preempted by the Federal Arbitration Act, which generally encourages courts to compel arbitration in accordance with the terms of arbitration agreements.

Many of us have gotten incomprehensible bills from giant telecom companies with relatively small charges for services never ordered, or mysterious taxes or fees that the company should not be charging. Unfortunately, the vast majority of consumers who are cheated in these situations don't even realize it. Moreover, because the amounts at issue are relatively small, there is little incentive for consumers to undertake the significant expenses of recovering their loss. Even when the company pays out to the tiny percentage of defrauded customers who go to the trouble to engage in lone arbitration against the company, the overall scheme remains profitable.

That is why class actions are so important. They allow the entire universe of cheated consumers to recoup their losses, making possible the deterrent effect of a potentially significant financial loss to the deceptive corporation. In ruling for AT&T, the Roberts Court has devastated state-level consumer protections like California’s and essentially given corporations an instruction manual on how to commit rampant fraud against consumers. Beyond that, using the same interpretation of the Federal Arbitration Act, employers may be able to evade class-action discrimination lawsuits as well, putting all workers at risk.

Fortunately, unlike Citizens United, this Corporate Court gift to Big Business rests on an interpretation of a statute, not the Constitution. In other words, Congress can fix this problem with a simple bill. Senate Judiciary Committee Chairman Patrick Leahy has already called on Congress to do just that.

PFAW

Independents Align More Closely With Democrats on Social Issues

Conventional wisdom tells us that Independents swing elections. Logic tells us that the two major parties should be trying to court as many Independents as possible. So why are Republicans emphasizing a legislative agenda that falls out of synch with the priorities of most independent voters?

According to recent polling data compiled by CQ Weekly, the views of Independents align more closely with Democrats than with Republicans on social issues such as funding Planned Parenthood. Interestingly, Republicans are pretty evenly split on the issue, and independent voters are in favor of continuing funding. The majority of Independents also believe that gays and lesbians should be allowed to legally marry and that abortion should be legal in all or most cases.

Why, then, are Republicans actively alienating Independents by threatening to shut down the government over issues that they oppose? As noted in the CQ article, One House, Two Agendas [paywall], even Lamar Alexander of Tennessee, who manages communications strategy for Senate Republicans, fears the consequences of this shift in priorities:
 

“Our focus needs to be on reducing spending,” Alexander said. “We can’t preach the whole Bible in one sermon, so sometimes we have to take it one step at a time.”

Alexander’s views are reflected in the opinions of more libertarian-minded tea party groups. Last November, several tea party leaders and gay conservatives sent a letter to lawmakers asking them not to become distracted by the concerns of social conservatives.

“The tea party movement is a non-partisan movement, focused on issues of economic freedom and limited government,” they wrote. “We urge you to stay focused on the issues that got you and your colleagues elected and to resist the urge to run down any social issue rabbit holes in order to appease the special interests.”

In a recent essay describing a growing coalition between fiscal and social conservatives, PFAW Foundation’s Peter Montgomery explains how the Tea Party, supposedly concerned only about the size and scope of the federal government, is being co-opted by the Religious Right:

Now effectively in the employ of the libertarian David Koch, who founded Americans for Prosperity and chairs the board of its foundation, [Koch political operative Tom Phillips] has deep ties to the evangelical Right, most notably with Ralph Reed, former executive director of the Rev. Pat Robertson's Christian Coalition, who now heads a new entity, the Faith and Freedom Coalition. Reed and Phillips go way back; the two were partners in Century Strategies, the political consulting group through which Reed played a role in the Jack Abramoff bribery scandal. Now, it seems Phillips is partnered with Reed and other Religious Right leaders in a much greater conquest: a merger of the Religious Right and the ostensibly secular Tea Party movement to create an electoral juggernaut that will determine the outcome of the 2012 Republican presidential primary.

Republicans continue to force extreme social issues on the American people, and independent voters are finding it less and less palatable. Hopefully, they’ll get the message.

 

PFAW

NOM’s Gallagher Invited to Share Anti-Equality Myths with House Committee

This morning, Rep. Trent Franks, chairman of the House Judiciary Subcommittee on the Constitution, called a hearing on “Defending Marriage” to examine the Obama Administration’s decision to stop defending the so-called “Defense of Marriage Act” in courts.

Franks is pretty, um, far to the right, so it’s no surprise that one of the three witnesses he called to the hearing was Maggie Gallagher, chair of the National Organization for Marriage.

As Justin wrote earlier, Gallagher hit a bunch of the big themes of the Religious Right’s anti-gay activism, but she also dwelled on one argument peculiar to the anti-marriage equality crowd: that marriage exists solely as a structure for procreation:

If we accept, as DOMA explicitly does, that this is a core purpose of marriage, then treating same-sex unions as marriages makes little sense. If marriage as a public and legal institution is oriented towards protecting children by increasing the likelihood they are born to and raised by the man and the woman whose union made them, then same-sex couples do not fit. If same-sex couples “fit” the public definition of marriage, then marriage is no longer about responsible procreation. Same-sex marriage cuts marriage as a public idea off from these deep roots in the natural family. Over time the law will re-educate the next generation that these ancient and honorable ideals underlying marriage no longer apply. Gay marriage, as Judge Walker ruled in wrongly striking down Prop 8, is based on the idea that neither biology nor gender matters to children. Same-sex marriage repudiates the public’s interest in trying to see that children are, to the extent possible, raised by the man and woman whose bodies made them in a loving single family.

The argument that marriage exists solely for having children is, needless to say, flimsy – and has been pretty well demolished in a few marriage equality trials. I’m just going to share this extended exchange from last year’s Proposition 8 trial, in which Judge Vaughn Walker reduces the lawyer defending Prop 8 into babbling incoherence as he tries to defend the marriage-is-only-for-procreation argument:

THE COURT: And my point was that there are a number of heterosexual couples who do not naturally procreate, who require the intervention of some third party or some medical assistance of some kind.

MR. COOPER: Yes, your Honor. And it is not those opposite-sex couples either that the state is concerned about in terms of -- in terms of the threats to society and the natural concerns that society has from irresponsible procreation.

THE COURT: What's the threat to society of people choosing to have medical assistance in order to conceive children?

MR. COOPER: There isn't one there, your Honor. I mean, it's -- it is the -- again, it's irresponsible procreation. The procreation that comes about casually. And often again, as the Eighth Circuit put it, often by accident, unintentionally, unintentionally. The opposite-sex couple where one of the partners is infertile, for example, or the same-sex couple can't unintentionally procreate, but for reasons that we discussed earlier with respect to the opposite sex but infertile couple, allowing them to marry isn't something that is inconsistent with the purposes of -- the core procreative purposes of marriage and, in fact, in certain respects it advances those purposes and it would just not be possible or realistic, as case after case has said, for the state to try to implement its policy on a more narrow or fitted basis.

And, your Honor, with respect to -- and you asked a question about this in your written questions. Even with respect to the opposite-sex couple where one of the partners is infertile, encouraging that couple to get married, trying to channel that couple into marriage furthers the procreative purposes and policies underlying the traditional definition of marriage in the sense that if that couple gets married, then it -- then all of the social norms that come with marriage to encourage that couple to stay together and to be faithful to one another operate to society's benefit in the sense that the fertile member of that couple will be less likely to engage in sexual relationships with third parties and raise anew a threat of some type of unintentional or what I have been referring to previously as irresponsible procreation.

THE COURT: Why don't those same values, which are values to society that you have described, apply to lesbian couples and gay couples? Coming together, supporting one another, taking care of one another, looking out for one another, being an economic unit, being a social unit, providing love, comfort and support for one another, why don't all of those considerations apply just as much to the plaintiffs here as they apply to John and Jane Doe, to use the names that Reverend Tam used.

MR. COOPER: Those purposes, your Honor, are – we haven't suggested there is a distinction among gay and opposite-sex couples with respect to those considerations. There is a distinction, however, with respect to the fundamental procreative purpose, responsible procreative purpose of marriage; and that is that the gay couple, unlike the opposite-sex couple where one of the partners may be infertile, doesn't represent -- neither partner in the – with respect to the same-sex couple is -- again, assuming homosexual sexual orientation -- represents a concern about irresponsible procreation with a third party.

To summarize, Cooper, when pressed on the issue, ended up arguing that opposite-sex couples should get married so they don’t go around “irresponsibly procreating” with people they aren’t married to…but same-sex couples aren’t in danger of irresponsibly procreating, so they don’t need to get married….and that somehow, if gay couples were to get married, they would drive heterosexuals away from marriage, resulting in them having babies out of wedlock.

To be clear, this is the primary argument that opponents of marriage equality have in their toolkit.
 

PFAW

Support Marriage Equality? You're a Bigot!

It seems that the religious right is resorting to that old schoolyard taunt to yet again attempt to portray themselves as the victims of the fight for marriage equality.

I am rubber, you are glue…

In her testimony before the House Judiciary Committee on the Defense of Marriage Act (DOMA), Maggie Gallagher, Chairman of the Board of the National Organization of Marriage, warned members of the panel that Americans must brace for the impending scorn they will receive for standing up for “religious liberty.”

In a lovely bit of circular reasoning, Gallagher bemoans the intolerance of the pro-equality community:

The great animating idea behind same-sex marriage is this: there are no relevant differences between same-sex and opposite-sex unions, and if you see a difference there’s something wrong with you. You are like a bigot opposed to interracial marriage.

If you want to see what this big new idea, embraced by law, means, ask yourself: how do we treat bigots who oppose interracial marriage? If we—and the law—accept the core ideas driving same-sex marriage, we will also have to accept the consequences for traditional faith communities, for those Americans who continue to believe that marriage is the union of husband and wife.

Apparently, there is a new type of bigot: The bigot-bigot. Strangely, Gallagher is trying to claim that supporters of marriage equality are actually bigoted themselves for thinking that treating gay couples as second-class is inherently bigoted. Around and around we go.

PFAW

The Strategy Behind the Maryland Marriage Bill Withdrawal

Advocates of equality were disappointed Friday when Maryland's pending marriage bill failed to pass the House of Delegates. It had already passed the Senate, in part because the vitriol of equality opponents had prompted one legislator to switch from opposing to supporting the bill. Unfortunately, advocates were unable to garner a majority of the House.

However, the bill was not defeated in a floor vote, but instead was "recommitted to committee." This is a critical distinction, one that allows advocates to introduce the bill again next year with a greater chance of success. Equality Maryland board member David Lublin explains the strategy on Maryland Politics Watch:

The House of Delegates agreed on a unanimous voice vote to recommit the bill to the House Judiciary Committee. This decision effectively kills the bill for the year. Many people naturally wonder why no vote was taken after all of the hard work that was done to advance the bill by so many people inside and outside of the legislature. Proponents agreed to this because they fell a few votes short of those needed to pass the bill on the floor of the House.

The argument for a vote is clear. People have a right to know where their legislators stand on such an important issue. Regardless of the outcome, it would have been the democratic process in action with delegates reflecting the will of their constituents and acting as our representatives.

On the other hand, proponents would have lost by a greater number than the closeness of the unofficial count because some "yes" votes would have become "no" votes. Legislators in marginal districts who might have been willing to stick their necks out to pass a meaningful piece of legislation would not do so if the legislation was going to fail.

Additionally, going forward, it is a lot harder to convert the votes of people who have cast a vote on the floor against marriage than it is to gain the votes of the undecided or who have said they oppose it but have yet to cast an actual vote on the topic. The thought behind not holding a vote is that it makes it easier to bring it up again next year and also does not demoralize opponents in other states. That was the thinking behind the decision to recommit.

Had the bill been defeated in a floor vote, then it would have been hard to reintroduce it successfully until after the next legislative elections, which are not until November 2014. But with the bill recommitted, advocates are freer to introduce it next year. In the meantime, they can spend the intervening months reaching out to legislators and the general population.

PFAW

Sweeping Anti-Choice Bill Passes House Committee

The House Judiciary Committee approved a bill today that would severely restrict reproductive rights, including undercutting women’s ability to buy their own insurance coverage for abortion.

Lawmakers stripped the bill, H.R. 3, of some of its most controversial provisions, including language that would redefine rape, and changed it to clarify that insurance must cover “life-saving” abortions.

But, as Amanda Terkel writes in the Huffington Post, the sweeping anti-choice bill is still troubling:

Arons points out that H.R. 3 would still impose "a permanent, blanket prohibition on any and all federal spending for abortion care," whereas under current law, only specific programs have such restrictions and they must be renewed every year.

The bill would also deny tax credits to businesses that offer employees health insurance plans that happen to cover abortion care, as well as disallow any medical deductions for expenses related to abortion. Women would not be able to set aside their own money in pre-tax health accounts for abortion coverage.

The revised H.R. 3 would also still hit the District of Columbia particularly hard. In 2009, Congress voted to lift the District's abortion funding restrictions and allow it to make its own choices. Smith's bill denies the Capitol "home rule."

"Each of these provisions represents an expansion, not simply a codification of abortion funding restrictions that now exist in federal law," Maloney said.

H.R. 3 is part of the expansive Republican war on women, which on the federal level has included efforts this year to slash federal funds to family planning clinics. Republican efforts on the state level have sought to regulate abortion clinics into the ground, impose potentially dangerous ultrasound requirements, force women to go to anti-choice “crisis pregnancy centers” before obtaining abortions, and even legalize the killing of abortion providers.
 

PFAW

Still More Bipartisan Support for Goodwin Liu

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

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

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

This post brings together a variety of material about Liu:

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

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

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

PFAW