Legal

Extremely Extreme Extremism Update

With Election Day fast approaching, tens of millions of dollars from corporations flooding the airwaves each week and seemingly endless news stories about apathy in the Democratic base, right-wing candidates are getting more brazen -- advancing ever more extreme positions and spreading outright lies.

Sharron Angle, the Republican running to unseat Harry Reid in Nevada, told a crowd that Dearborn, Michigan and a town named Frankford, Texas are under Islamic Sharia Law. Utter nonsense. The statement earned her a strong rebuke from the Mayor of Dearborn and it turns out that Frankford, TX doesn't even exist!

Rand Paul, running for Senate in Kentucky, now supports ending the income tax in favor of a more regressive national sales tax that would hit the poor and middle class far more harshly than the income tax. After saying a few months back that he would have opposed the Civil Rights Act of 1964, and making controversial statements about mining and the BP oil spill, Paul's handlers have tried hard to keep his extremism under wraps. But for someone as "out there" as Rand Paul, that's hard to do for very long.

In a debate on Wednesday night, Tea Party favorite and Republican Senate candidate in Delaware, Christine O'Donnell, perpetuating an attack that has been thoroughly discredited, accused her Democratic opponent Chris Coons of being a Marxist, based on Coons' tongue-in-cheek comment in an article he wrote as a student. On a roll, O'Donnell launched into a rant that included attacks on Coons for things he never said and completely fabricated declarations about the "tenets" of Marxism.

These are just some of this week's salvos from the right-wing Rogue's Gallery of Senate candidates -- let's not forget some of the past gems from Tea Party candidates. Sen. Russ Feingold's opponent in Wisconsin, Ron Johnson, is such an extreme pro-corporate ideologue that he tries to push the notion that global warming is caused by sunspots in order to cover for corporate polluters... he also wants to drill for oil in the Great Lakes and even fought against protections for victims of child abuse on the grounds that it would be bad for business.

But the worst of the bunch has to be Colorado's GOP Senate candidate Ken Buck. When he was a county D.A., he refused to prosecute a rape that the accused essentially admitted he had committed. Instead, Buck chose to blame the victim, calling her charges a case of "buyer's remorse." Perhaps most disturbingly, it appears his statement and inaction might have been retribution for what some claimed was an abortion the victim had a year before (despite the victim's claim that she had a miscarriage). Keep in mind this is a man who is against legal abortion even in the cases of rape and incest, and apparently agrees with Sharron Angle that rape victims who become pregnant as a result of their assault should make "lemonade" out of "what was really a lemon situation."

If this weren't enough, this week an interview from March reemerged in which the "get rid of government no matter what the cost" Buck actually came out in favor of privatizing the Centers for Disease Control and Prevention! Imagine the CDC privatized -- the profit motive being the sole determination for whether the Center might act to save millions of lives... or let millions suffer or even die.

This is what extremism looks like. These could be the new people making our laws.

But it's not too late. We can Stamp Out Extremism. Please, this election, dig deep, speak out and get involved.

The latest poll numbers have progressive Democrat Joe Sestak ahead of pro-corporate extremist Pat Toomey in the Pennsylvania Senate race for the first time... Colorado is a very tight race and our endorsed candidate Michael Bennet is in position to defeat Buck with enough of our help... the progressive Senate candidate in Kentucky, Jack Conway, is running very close and could actually beat Republican Rand Paul because of his extremism... and we are fighting tooth-and-nail to keep Russ Feingold in the Senate and stop the radically right-wing Ron Johnson. We are in the process right now of producing ads for all of these states and more, and finalizing our field plan to get out the vote.

Please stay tuned for more on those products and activities, and, in the meantime, help spread around our resources, like our "Rogues Gallery" report, which calls out the GOP's extremist Senate candidates, and our "After Citizens United" report, which exposes the corporate front groups that are trying to buy this election for the Republicans.

UPDATE: Jed Lewison at Kos highlights right-wing candidates attacks on the miminum wage:

As Joan McCarter (here, here, and here) and DemFromCT (here) have documented, in the past few weeks leading Republican candidates have come out against the minimum wage, either calling for it to be lowered or for eliminating it altogether because they think it's unconstitutional. And now West Virginia GOP Senate nominee Joe Raese is once again vowing to repeal the Fair Labor Standards Act which established the minimum wage.

The key thing about the GOP position is that it's not just the minimum wage that they want to get rid of. They want to nuke virtually every law and regulation that protects workers. And that includes another provision of the Fair Labor Standards Act: overtime pay.

UPDATE 2: Tea Party House candidate in California's 11th Congressional District, David Harmer, wants to abolish public schools. Sharron Angle and others want to do away with the Department of Education, but Harmer's position could be an even more extreme attack on public education. Harmer is leading progressive incumbent Rep. Jerry McNerney in the polls...

PFAW

Survey Shows Obstacles to Justice in U.S. Courts

Dan Froomkin is reporting on a depressing new report that paints a frightening picture of just how difficult it is for ordinary Americans to receive justice in our courts. He discusses:

the finding[s] of a world-wide survey unveiled Thursday morning that ranks the United States lowest among 11 developed nations when it comes to providing access to justice to its citizens -- and lower than some third-world nations in some categories.

The results are from the World Justice Project's new "Rule of Law Index", which assesses how laws are implemented and enforced in practice around the globe. Countries are rated on such factors as whether government officials are accountable, whether legal institutions protect fundamental rights, and how ordinary people fare in the system. ...

But the most striking findings related to access to justice for ordinary people. ...

[The study] found a significant gap between the rich and the poor in terms of their use and satisfaction with the civil courts system.

Froomkin quotes from a World Justice Project news release:

[O]nly 40% of low-income respondents who used the court system in the past three years reported that the process was fair, compared to 71% of wealthy respondents. This 31% gap between poor and rich litigants in the USA is the widest among all developed countries sampled. In France this gap is only 5%, in South Korea it is 4% and in Spain it is nonexistent.

Unfortunately, it is no surprise that the wealthy and powerful are happier with our court system than are the rest of the American people. This is consistent with the analysis contained in a People For the American Way Foundation report released earlier this year. Citing Citizens United and numerous other cases, The Rise of the Corporate Court: How the Supreme Court is Putting Business First exposed the undue deference the Supreme Court has too often paid to corporations at the expense of the legal rights of individuals.

Making it even harder for average Americans victimized by powerful corporations to seek justice, one in eight seats on the federal bench is vacant. In fact, the Administrative Office of the U.S. Courts has declared judicial emergencies in numerous circuits and districts where the vacancies have reached the crisis point. Yet Senate Republicans refuse to allow floor votes on qualified and unopposed judicial nominees to help relieve the overburdened federal judiciary.

The integrity of the entire judicial branch of the United States government is at risk.

PFAW

Big Pharma and the Next Congress

In addition to the obvious legal questions involved in the pharmaceutical immunity case of Bruesewitz v. Wyeth, this case also has a political component that ties it to the midterm elections. If the Supreme Court interprets the Vaccine Act in a way that benefits injured parties, we can expect the giant pharmaceutical companies to push the next Congress to change the law. That would connect this case politically, if not legally, to Citizens United and the DISCLOSE Act.

As detailed in a recent People For report, powerful corporations, unleashed by the Roberts Court, are taking aim at our democracy and spending millions of dollars under cover of anonymity in order to purchase a pliant Republican congressional majority. Republican members of Congress will surely know who they can thank for their offices, but without the transparency rules included in the DISCLOSE Act, blocked by Republicans in Congress, ordinary Americans will have no way of knowing if the pharmaceutical companies are among the corporate sponsors of the newly elected Republican caucus.

That is one of the many reasons we must pass the DISCLOSE Act.

PFAW

Stevens: Campaign money is “simply not speech”

In a wide-ranging interview with NPR’s Nina Totenberg this week, former Justice John Paul Stevens touched on his strong opposition to the Supreme Court’s decision in Citizens United v. FEC, to which he wrote an adamant dissenting opinion.

As for the court's recent ruling allowing corporations and unions to spend unlimited amounts on candidate elections, Stevens thinks it was dead wrong — and, indeed, still doesn't think that money is the same thing as speech. "Can you hear it talk? Can you read it? [Money is] simply not speech," he says. "And I have to confess that my own views are that there is an interest in trying to have any debate conducted according to fair rules that treat both sides with an adequate opportunity to express their view. We certainly wouldn't, in our arguments in this court, give one side a little more time because they could pay higher fees to hire their lawyers, or something like that."

Stevens is hardly alone among legal luminaries in thinking that the decision in Citizens United was flat-out wrong. On Monday, People For and the fair elections group Free Speech For People sent a letter signed by over 50 prominent lawyers and law professors urging Congress to consider amending the Constitution to undo Citizens United.

Corporate political expenditure regulations do not infringe any speech rights of the American people whatsoever. Rather, such regulations reflect the power of the American people to regulate corporations and the rules that govern such entities as the people and our representatives see fit. Justice John Paul Stevens’ dissent rightly calls the majority opinion a “radical departure from what has been settled First Amendment law.”


You can read the full letter here.
 

PFAW

Chamber’s Foreign Funding Demonstrates the Need to Revisit Citizens United

Coming on the heels of a report by ThinkProgress on how the US Chamber of Commerce uses membership dues from foreign corporations to pay for political advertisements in American elections, the Supreme Court’s ruling in Citizens United is facing new scrutiny for opening up the floodgates of corporate spending. People For the American Way has spoken out against the Chamber’s practices of collecting “hundreds of thousands of dollars from foreign owned businesses, including companies owned by foreign governments,” and the editorial board of the New York Times is also sounding the alarm. The Times editors write that the election system is broken as a result of Citizens United and actions by Republicans in Congress and the FEC to weaken the remaining regulations of campaign finances:

Because the United States Chamber is organized as a 501(c)(6) business league under the federal tax code, it does not have to disclose its donors, so the full extent of foreign influence on its political agenda is unknown. But Tuesday’s report sheds light on how it raises money abroad. Its affiliate in Abu Dhabi, for example, the American Chamber of Commerce, says it has more than 450 corporate and individual members in the United Arab Emirates who pay as much as $8,500 a year to join.

Because of a series of court decisions that culminated in the Supreme Court’s Citizens United ruling earlier this year, these and similar 501(c) nonprofits have become huge players in the year’s election, using unlimited money from donors who have no fear of disclosure. (Not surprisingly, the chamber has been a leading opponent of legislation to require disclosure.) One such group, American Crossroads, organized by Karl Rove, announced on Tuesday a $4.2 million ad buy to support Republican candidates, bringing the group’s total spending to about $18 million so far.

The possible commingling of secret foreign money into these groups raises fresh questions about whether they are violating both the letter and spirit of the campaign finance laws. The Federal Election Commission, which has been rendered toothless by its Republican members, should be investigating possible outright violations of the Federal Election Campaign Act by foreign companies and the chamber.

Now, Minnesota Senator Al Franken is calling on the FEC to look into the Chamber’s finances, the Star Tribune reports:

Franken’s letter says that the Chamber’s mixing of funds under current FEC rules “is not per se illegal.” But he wrote that the company had to demonstrate that its foreign funds were not used for political purposes, and pushed the FEC to launch an investigation.

In addition, Franken’s letter asked the FEC to change its regulations allowing foreign companies to spend on elections — which is legal so long as the company is incorporated in the U.S. and creates a special election committee staffed by Americans.

 

PFAW

The Crossroads Juggernaut Reaches New Heights and Receives More Scrutiny

American Crossroads and Crossroads GPS, the sister conservative organizations that hope to raise $52 million in order to defeat Democratic candidates in 2010, is already close to spending a combined $20 million in ads. After spending an initial $14 million in ads to boost the GOP’s chances at taking control of the Senate, Crossroads is ready to spend an additional $4.2 million for ads in Senate races in Colorado, Nevada, Washington, Missouri, Pennsylvania, Illinois, and Florida. Now, Mike Allen of Politico reports that the two groups will begin running ads in competitive House races shortly.

Crossroads GPS, the leading outside group airing ads in Senate races, does not have to disclose its donors since it is a 501(c)4 “social welfare” organization. But as a 501(c)4, it is supposed to focus on “issue advocacy” rather than deliberately urge voters to support or oppose specific candidates for office. Now, the heads of Democracy 21 and the Campaign Legal Center have asked the IRS to look into the group’s status, maintaining that Crossroads GPS “was organized to participate and intervene in the 2010 congressional races while providing donors to the organization with a safe haven for hiding their role.” J. Gerald Hebert of the Campaign Legal Center explains:

While the abuses of 501(c)(4) tax designation for no-fingerprint political attack ads seems rampant in this election cycle, the most blatant certainly appears to be Crossroads GPS. The group makes almost no effort at all to hide the fact that it was created principally to impact the 2010 elections, and to take money from those interested in contributing to their efforts but doing so anonymously. The IRS has a duty to ensure that groups are not violating their tax status in this election cycle, and Crossroads GPS certainly seems like a logical place to start.
PFAW

Chamber of Commerce uses Foreign Funding for Political Ads

In January President Obama in his Statue of the Union address warned Americans of the deleterious impact the Supreme Court’s ruling in Citizens United would have on our political process:

With all due deference to separation of powers, last week the Supreme Court reversed a century of law that, I believe, will open the floodgates for special interests, including foreign corporations, to spend without limit in our elections. I don't think American elections should be bankrolled by America's most powerful interests or, worse, by foreign entities.

While Justice Alito and others criticized Obama’s assertion that “foreign corporations” will be allowed to spend money in elections, ThinkProgress looked into how the Chamber utilizes its foreign branches to raise money for the $75 million it plans to spend on the 2010 election:

A ThinkProgress investigation has found that the Chamber funds its political attack campaign out of its general account, which solicits foreign funding. And while the chamber will likely assert it has internal controls, foreign money is fungible, permitting the Chamber to run its unprecedented attack campign. According to legal experts consulted by ThinkProgress, the Chamber is likely skirting longstanding campaign finance law that bans the involvement of foreign corporations in American elections.


In recent years, the Chamber has become very aggressive with its fundraising, opening offices abroad and helping to found foreign chapters (known as Business Councils or “AmChams”). While many of these foreign operations include American businesses with interests overseas, the Chamber has also spearheaded an effort to raise money from foreign corporations, including ones controlled by foreign governments. These foreign members of the Chamber send money either directly to the U.S. Chamber of Commerce, or the foreign members fund their local Chamber, which in turn, transfers dues payments back to the Chamber’s H Street office in Washington DC. These funds are commingled to the Chamber’s 501(c)(6) account which is the vehicle for the attack ads.
PFAW

Santorum Slamming JFK, Secularism

Fifty years ago, the man who would become America’s first Catholic president delivered a historic speech that helped reduce anti-Catholic prejudice in our public life. Five decades later, a man who would like to be the nation’s second Catholic president celebrated the occasion by slamming Kennedy. It’s a remarkable reversal. 

Former Senator Rick Santorum has been using the anniversary of then-presidential candidate John F. Kennedy’s famous address on church-state separation to decry the destructive forces of secularism that he says Kennedy unleashed. (People For the American Way is among Santorum’s targets.)
 
Santorum’s attack deserves attention, especially at a time when religious and political leaders, Santorum among them, are eagerly fanning the flames of religious intolerance. Much of Santorum’s recent speech – delivered in Houston on September 9 and reprised since then at events like Ralph Reed’s Faith and Freedom conference – is given over to repeated claims that Kennedy emboldened secularists who want a public square “cleansed of all religious wisdom and the voice of religious people of all faiths.” He says Kennedy’s speech launched a movement that is “repressing or banishing people of faith from having a say in government.”
 
These inflammatory claims are regularly advanced by Religious Right leaders who portray supporters of church-state separation as hostile to faith and religious liberty. But how can they be taken seriously?
 
Choose any topic that is being debated in the public square, and you’ll find people of faith advancing their values, probably on both sides of the issue – and not just on abortion and gay rights.  Religious Right activists spouted Tea Party arguments about the evils of government while progressive religious leaders worked hard to promote health care reform. The Catholic hierarchy is among the religious organizations working to deny gay couples legal recognition while other religious groups like the Religious Action Center of Reform Judaism are working for full marriage equality.  At the same time, the two groups are both lobbying for humane immigration reform.
 
It’s a complicated scene, and it’s a noisy one. Who has been silenced? Not Ralph Reed, who is bragging that he’s planning to mobilize conservative evangelical voters to turn Election Day into a historic rout for Democrats.  And certainly not conservative Catholics like Santorum.  At Reed’s Faith and Freedom conference, a panel included leaders of two groups organized to promote conservative Catholic values in the public arena – Catholic Advocate and Faithful Catholic Citizens.
 
There are situations that bring constitutional values into tension. America, via the Supreme Court and civil rights legislation, has decided (Rand Paul notwithstanding) that a business owner’s desire to discriminate against racial minorities does not trump other individuals’ right to equal access to public accommodations, even if the desire to discriminate was based on sincerely held religious beliefs.  Courts and legislatures are wrangling with similar situations that consider religious beliefs about homosexuality, abortion, and contraception alongside LGBT Americans’ right to legal equality, and all Americans’ access to medical care.
 
But the fact that some court cases have gone against those seeking a religious exemption to a generally applied law is no grounds for claiming that religious people have been silenced, or no longer have the right to make their case in the public square. What Santorum seems to want is a kind of double standard: religious conservatives can take part in public debate but should be shielded from criticism. They can engage in legal and political advocacy, but if they lose they can claim the process has been stacked against them by sinister anti-religious forces.
 
Santorum argues that the secularist forces unleashed by Kennedy threaten peaceful coexistence and even put American civilization at risk. He says the founders believed that “if they fostered religion and the Judeo-Christian moral code we would achieve something that was never before seen in a country with so many competing faiths - a truly tolerant, democratic and harmonious public square.”
 
But Santorum himself is actively undermining the possibility for a “tolerant, democratic and harmonious” public square. He seeks political gain by branding his opponents as enemies of religious liberty. And he has played a significant role in inflaming an ugly anti-Islamic wave of public opinion that has resulted in fatal violence and could leave communities damaged and divided for years.
 
Santorum portrays himself as heroic, telling audiences, “I have been criticized in the media for daring to speak out on these sensitive moral issues.”  That’s not true.  Santorum is criticized not for “daring to speak out” but for saying things many people disagree with. Santorum has every right to denigrate the loving relationships of same-sex couples by comparing them to man-on-dog sex. But just as surely others have the right to criticize and even ridicule him for those statements.  
 
The First Amendment is a two-way street. But that seems to be one truth that Santorum and his allies refuse to acknowledge.
PFAW

First Monday in October

Today, as the Supreme Court opens its new term, the major news concerns a decision from last term: the solid rebuke of Citizens United by a bipartisan group of more than 50 legal scholars and public officials. The impact of that decision is poisoning election campaigns around the country and, through the Congress that will be elected as a result, will doubtless impact the lives of every American.

This term, the Court will be deciding at least one new corporate personhood case, as well as other cases affecting our most important rights, including freedom of speech, church-state separation, and due process. Some of the ones we'll be looking at:

Corporate Personhood & Privacy: AT&T v. FCC. The Freedom of Information Act (FOIA) generally requires federal agencies to disclose records to the public upon request. There are numerous exceptions, such as records or information compiled for law enforcement purposes whose disclosure could reasonably be expected to constitute an unwarranted invasion of "personal privacy." The Supreme Court will decide if "personal privacy" applies to corporations, as well as to people.

Free Speech: Snyder v. Phelps. Fred Phelps and his fellow fanatics from the Westboro Baptist Church are infamous for picketing the funerals of military personnel with messages such as "God Hates Fags." According to Phelps, the deaths of U.S. servicemembers are God's punishment for the nation's tolerance of homosexuality. The Supreme Court will determine whether Phelps' funeral-picketing activities are protected by the First Amendment. The case will be argued Wednesday.

Free Speech: Schwarzenegger v. Video Software Dealers Association. The Supreme Court will address whether a California law restricting the sale of violent video games to minors violates the free speech protections of the First Amendment. California argues that states can restrict minors' access to violent material just as they can with sexual material. During oral arguments in November, we may get a sense as to whether the Supreme Court agrees.

Church-State Separation: Arizona Christian Tuition v. Winn. Arizona has a program that gives parents tax credits for tuition at private schools. Most parents use these credits toward tuition at religious schools. A group of taxpayers sued, arguing that this violates the Establishment Clause of the First Amendment. Before the Supreme Court can decide that issue, it must first determine if the plaintiffs have standing to sue. In 2007, the Roberts Court limited the circumstances in which taxpayers can challenge government expenditures that violate the Establishment Clause, and they may do so again in this case.

State Secrets Privilege: General Dynamics v. U.S. and Boeing v. U.S. These cases are actually not about the most infamous uses of the states secret privilege, which notoriously has been used to shut down lawsuits against the government alleging U.S. complicity in torture and other illegal activities. This time, it's the federal government that has initiated the lawsuit, which raises interesting Due Process issues. These consolidated cases address whether the United States can sue two defense contractors for failing to fulfill their contractual obligations, while at the same time using the state secrets privilege to prevent the companies from presenting a defense.

Employment of Immigrants: Chamber of Commerce of the United States v. Whiting. In 2007, Arizona passed a law targeting employers who hire undocumented immigrants by revoking their licenses to operate in the state. The state law also requires employers to participate in a federal electronic employment verification system that federal law specifically makes voluntary. The Supreme Court will decide whether federal immigration legislation preempts Arizona's laws.

Preemption - Right to Sue Drug Manufacturers: Bruesewitz v. Wyeth. The federal Vaccine Act preempts certain design defect lawsuits in state court against child vaccine manufacturers "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings." The Bruesewitz family argues that their lawsuit isn't preempted because the side effects were not unavoidable: A safer, alternative vaccine was available. The Supreme Court will decide if the Vaccine Act preempts the family's suit.

Preemption - Right to Sue Car Manufacturers: Williamson v. Mazda. An accident victim sued Mazda in state court for negligently choosing to install a lap-only seatbelt in the back center seat instead of a safer lap/shoulder belt. However, federal car safety regulations at the time specifically allowed lap-only seatbelts. The Supreme Court will decide if Congress intended the federal safety regulations to preempt such state lawsuits.

PFAW

Menendez introduces LGBT-inclusive immigration reform

Senator Menendez has sent a strong message that same-sex couples and their families deserve equal rights under immigration law. On Wednesday, he joined with Senator Leahy to introduce a comprehensive immigration reform bill that is LGBT-inclusive. Both men support the Uniting American Families Act.

Immigration Equality Action Fund hailed this important step forward.

It is simply unconscionable that our immigration laws tear families apart . . . Senator Menendez’s legislation, which is a truly comprehensive bill, would provide LGBT families with important opportunities to keep their families together. The bill’s introduction is welcome news not just for lesbian and gay Americans, but also their extended families, their communities and our country. The Immigration Equality Action Fund is committed to working for its passage.

PFAW welcomes an immigration debate that provides equality to same-sex couples so that they can keep their families together. They need to be able to begin the immigration process more quickly and efficiently, and with fewer limitations. Gay men and lesbians whose partners are US citizens or legal permanent residents should have the right to apply for family-based visas and green cards.

As the 111th Congress draws to a close, and the 112th begins, we urge both the House and Senate to make inclusive reform a priority.

PFAW

Obama to Senate: Stop Playing Games with the Courts

On Wednesday night, the Senate left for recess without confirming a single one of the 23 judicial nominees who had been waiting for a vote, most of them for several months. The GOP blocked the majority of these nominees not because of ideology—19 were approved unanimously by the Judiciary Committee—but just for the sake of obstruction. President Obama responded yesterday with this letter to Senate leaders:

Dear Senator Reid, Senator McConnell, Senator Leahy, and Senator Sessions:

I write to express my concern with the pace of judicial confirmations in the United States Senate. Yesterday, the Senate recessed without confirming a single one of the 23 Federal judicial nominations pending on the Executive Calendar. The Federal judiciary and the American people it serves suffer the most from this unprecedented obstruction. One in eight seats on the Federal bench sits empty, and the Administrative Office of the U.S. Courts has declared that many of those vacancies constitute judicial emergencies. Despite the urgent and pressing need to fill these important posts, a minority of Senators has systematically and irresponsibly used procedural maneuvers to block or delay confirmation votes on judicial nominees – including nominees that have strong bipartisan support and the most distinguished records. The minority has even been blocking non-controversial nominees – a dramatic shift from past practice that could cause a crisis in the judiciary.

The Judiciary Committee has promptly considered my judicial nominees. Nonetheless, judicial confirmation rates in this Congress have reached an all-time low. At this point in the prior Administration (107th Congress), the Senate had confirmed 61% of the President’s judicial nominations. By contrast, the Senate has confirmed less than half of the judicial nominees it has received in my Administration. Nominees in the 107th Congress waited less than a month on the floor of the Senate before a vote on their confirmation. The men and women whom I have nominated who have been confirmed to the Courts of Appeals waited five times longer and those confirmed to the District Courts waited three times longer for final votes.

Right now, 23 judicial nominees await simple up-or-down votes. All of these nominees have the strongest backing from their home-state Senators – a fact that usually counsels in favor of swift confirmation, rather than delay. Sixteen of those men and women received unanimous support in the Judiciary Committee. Nearly half of the nominees on the floor were selected for seats that have gone without judges for anywhere between 200 and 1,600 days. But despite these compelling circumstances, and the distinguished careers led by these candidates, these nominations have been blocked.

Judge Albert Diaz, the well-respected state court judge I nominated to the U.S. Court of Appeals for the Fourth Circuit, has waited 245 days for an up-or-down vote – more than 8 months. Before becoming a judge, Diaz served for over 10 years in the United States Marine Corps as an attorney and military judge. If confirmed, he would be the first Hispanic to sit on the Fourth Circuit. The seat to which he was nominated has been declared a judicial emergency. Judge Diaz has the strong support of both of North Carolina’s Senators. Senator Burr has publicly advocated for Judge Diaz to get a final vote by the Senate. And just before the August recess, Senator Hagan went to the floor of the Senate to ask for an up-or-down vote for Judge Diaz. Her request was denied.

We are seeing in this case what we have seen in all too many others: resistance to highly qualified candidates who, if put to a vote, would be unanimously confirmed, or confirmed with virtually no opposition. For example, Judge Beverly Martin waited 132 days for a floor vote – despite being strongly backed by both of Georgia’s Republican Senators. When the Senate finally held a vote, she was confirmed to the Eleventh Circuit unanimously. Jane Stranch was recently confirmed by an overwhelming majority of the Senate, after waiting almost 300 days for a final vote. Even District Court nominees have waited 3 or more months for confirmation votes – only to be confirmed unanimously.

Proceeding this way will put our judiciary on a dangerous course, as the Department of Justice projects that fully half of the Federal judiciary will be vacant by 2020 if we continue on the current pace of judicial confirmations. The real harm of this political game-playing falls on the American people, who turn to the courts for justice. By denying these nominees a simple up-or- down vote, the Republican leadership is undermining the ability of our courts to deliver justice to those in need. All Americans depend on having well-qualified men and women on the bench to resolve important legal matters – from working mothers seeking timely compensation for their employment discrimination claims to communities hoping for swift punishment for perpetrators of crimes to small business owners seeking protection from unfair and anticompetitive practices.

As a former Senator, I have the greatest respect for the Senate’s role in providing advice and consent on judicial nominations. If there is a genuine concern about the qualifications of judicial nominees, that is a debate I welcome. But the consistent refusal to move promptly to have that debate, or to confirm even those nominees with broad, bipartisan support, does a disservice to the greatest traditions of this body and the American people it serves. In the 107th Congress, the Judiciary Committee reported 100 judicial nominees, and all of them were confirmed by the Senate before the end of that Congress. I urge the Senate to similarly consider and confirm my judicial nominees.

Back in June, President Obama made a similar plea in a meeting with Senate GOP leaders, but apparently bipartisan cooperation on something as straight-forward as filling seats in the judiciary wasn’t on their list of priorities.

(I also want to point out that while the GOP is holding up most of the 23 stalled nominees for absolutely no reason, there are a handful of nominees who certain GOP senators actively oppose. We’ve explored some of the reasons for this opposition here and here and here.)
 

PFAW

Right Wing Watch In Focus: "Rogues' Gallery"

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

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

Here is the introduction:

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

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

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

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

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

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

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

Be sure to read the whole thing.
 

PFAW

“The ACLU Chromosome” and other judicial disqualifiers

Politico today outlines an emerging trend in judicial obstruction. While partisan battles over judicial nominees have in past years focused on the occasional appellate court judge or Supreme Court justice, these days even nominees to lower-profile district courts are fair game for partisan obstructionism. Among other problems, this doesn’t make it easy to keep a well-functioning, fully staffed federal court system:

According to data collected by Russell Wheeler of the Brookings Institution and analyzed by POLITICO, Obama’s lower-court nominees have experienced an unusually low rate of confirmation and long periods of delay, especially after the Senate Judiciary Committee has referred the nomination for a confirmation vote by the full Senate. Sixty-four percent of the district court nominees Obama submitted to the Senate before May 2010 have been confirmed — a number dwarfed by the 91 percent confirmation rate for Bush’s district court nominees for the same period.

But analysts say the grindingly slow pace in the Senate, especially on district court nominations, will have serious consequences.

Apart from the burden of a heavier case load for current judges and big delays across the federal judicial system, Wheeler, a judicial selection scholar at Brookings, says that potential nominees for district courts may think twice before offering themselves up for a federal nomination if the process of confirmation continues to be both unpredictable and long.

"I think it means first that vacancies are going to persist for longer than they should. There’s just not the judge power that there should be," Wheeler said. And private lawyers who are not already judges may hesitate to put their practices on hold during the confirmation process, he added, because "you can’t be certain that you’ll get confirmed" for even a district judgeship, an entry-level position to the federal bench.

Jeff Sessions, the top Republican on the Judiciary Committee, has been at the lead of the GOP’s obstruction of every judicial nominee who can possibly be obstructed. He told Politico that he simply wants to make sure every new federal judges passes his litmus test: "If they’re not committed to the law, they shouldn’t be a judge, in my opinion."

Sounds fair. But the problem is, of course, that Sessions’ definition of “committed to the law” is something more like “committed to the way Jeff Sessions sees the law.”

In a meeting yesterday to vote on eight judicial nominees-- five of whom were going through the Judiciary Committee for the second or third time after Senate Republicans refused to vote on their nominations--Sessions rallied his troops against Edward Chen, nominated to serve as a district court judge in California. Chen is a widely respected magistrate judge who spent years fighting discrimination against Asian Americans for the American Civil Liberties Union. But Sessions smelled a rat: Chen, he said, has “the ACLU chromosome.”

The phrase really illuminates what Sessions and his cohort mean when they talk about finding judges “committed to the law” or who won’t stray from “the plain words of statutes or the Constitution.” It isn’t about an “objective” reading of the Constitution. It’s about appointing judges who will find ways to protect powerful interests like Exxon, BP, and the Chamber of Commerce, while denying legal protections to working people, women, racial, ethnic, and religious minorities, and gays and lesbians.

(Sessions himself was nominated for a judgeship in 1986, but was rejected by a bipartisan majority of the Senate Judiciary Committee for his history of not-so-ACLU-like activity).

Sessions’ warns that “Democrats hold federal judiciary as the great engine of the left,” but the reality is far from that. Besides having the most conservative Supreme Court in decades, nearly 40% of all current federal judges were appointed by George W. Bush, who made a point of recruiting judges with stellar right-wing credentials.

No matter how much disarray it causes in the federal courts, it’s in the interest of Sessions and the Right Wing to keep the number of judicial seats President Obama fills to a minimum. If they succeed, they keep their conservative, pro-corporate courts, tainted as little as possible by the sinister “ACLU chromosome.”
 

PFAW

“The Money’s Flowing,” But From Where?

Michael Luo and Stephanie Strom of The New York Times profiled the rapid growth of political organizations that can receive unlimited contributions but do not have to disclose their donors. 501(c)(4) groups* have become more numerous, and unlike 527’s, do not have to reveal the sources of their funding, which is “arguably more important than ever after the Supreme Court decision in the Citizens United case earlier this year that eased restrictions on corporate spending on campaigns.”

“I can tell you from personal experience, the money’s flowing,” said Michael E. Toner, a former Republican F.E.C. commissioner, now in private practice at the firm Bryan Cave.

The growing popularity of the groups is making the gaps in oversight of them increasingly worrisome among those mindful of the influence of money on politics.

“The Supreme Court has completely lifted restrictions on corporate spending on elections,” said Taylor Lincoln, research director of Public Citizen’s Congress Watch, a watchdog group. “And 501(c) serves as a haven for these front groups to run electioneering ads and keep their donors completely secret.”

Almost all of the biggest players among third-party groups, in terms of buying television time in House and Senate races since August, have been 501(c) organizations, and their purchases have heavily favored Republicans, according to data from Campaign Media Analysis Group, which tracks political advertising.

These organizations are considered “social welfare” groups that are legally allowed to lobby on certain issues, but until Citizens United, were not permitted to explicitly urge voters to vote for or against a candidate. “As a result, rarely do advertisements by 501(c)(4) groups explicitly call for the election or defeat of candidates,” Luo and Strom write, “Instead, they typically attack their positions on issues.” That has changed dramatically since Citizens United, as seen in the rise of organizations like American Crossroads GPS. 501 (c)6 groups that are “business associations” like the US Chamber of Commerce and Americans for Job Security are “spending heavily in support of Republicans.”

But with weak and ineffective regulatory oversight, many of these political organizations disguised as “social welfare” groups can continue to hide their donors from the public eye:

In fact, the I.R.S. is unlikely to know that some of these groups exist until well after the election because they are not required to seek the agency’s approval until they file their first tax forms — more than a year after they begin activity.    

"These groups are popping up like mushrooms after a rain right now, and many of them will be out of business by late November,” Mr. Owens said. “Technically, they would have until January 2012 at the earliest to file anything with the I.R.S. It’s a farce.”    

Social welfare nonprofits are permitted to do an unlimited amount of lobbying on issues related to their primary purpose, but there are limits on campaigning for or against specific candidates.

I.R.S. officials cautioned that what may seem like political activity to the average lay person might not be considered as such under the agency’s legal criteria.



* People For the American Way is a 501(c)(4) organization.

 

 

PFAW

Voter Suppression Plan Uncovered in Wisconsin

In 2008, Republican operatives tried to create a narrative of widespread voter fraud being perpetrated across the country by young and minority voters and the people trying to register them. There was hardly a widespread conspiracy—the non-partisan Brennan Center of Justice reported, “It’s more likely that an individual will be struck by lightning than that he will impersonate another voter at the polls”—but the allegations provided useful cover for attempts to suppress turnout of new and infrequent voters.

And this year, it seems, voter suppression is back in full force—all in the name of stopping the mythical epidemic of voter fraud. The progressive group One Wisconsin Now reported today a plan by the Republican Party of Wisconsin, various Tea Party groups, and the conservative campaign cash-funneling machine Americans for Prosperity, to use “voter caging” to weed out registered voters in minority and student communities.

One Wisconsin quotes the Brennan Center’s description of voter caging:

Voter caging is the practice of sending mail to addresses on the voter rolls, compiling a list of the mail that is returned undelivered, and using that list to purge or challenge voters registrations on the grounds that the voters on the list do not legally reside at their registered addresses. Supporters of voter caging defend the practice as a means of preventing votes cast by ineligible voters. Voter caging, however, is notoriously unreliable. If it is treated (unjustifiably) as the sole basis for determining that a voter is ineligible or does not live at the address at which he or she registered, it can lead to the unwarranted purge or challenge of eligible voters. ...Moreover, the practice has often been targeted at minority voters, making the effects even more pernicious.

…which is pretty much what the Wisconsin groups are trying to do, according to One Wisconsin’s report. One Wisconsin boils down the GOP/AFP/Tea Party plan:

• The Republican Party of Wisconsin will use its "Voter Vault" state-wide voter file to compile a list of minority and student voters in targeted Wisconsin communities.

• Americans for Prosperity will use this list to send mail to these voters indicating the voter must call and confirm their registration information, and telling them if they do not call the number provided they could be removed from the voter lists.

• The Tea Party organizations will recruit and place individuals as official poll workers in selected municipalities in order to be able to make the challenges as official poll workers.

• On Election Day, these organizations will then "make use" of any postcards that are returned as undeliverable to challenge voters at the polls, utilizing law enforcement, as well as attorneys trained and provided by the RPW, to support their challenges.

The allegations are backed up by documents and audio recordings of meetings. You can peruse it all at http://www.SaveWisconsinsVote2010.org.

One Wisconsin thinks that some of these groups’ activities might be illegal. But legal or illegal, operations like this are downright cynical. Trying to win an election by getting fewer people to vote is a desperate move, and far from the spirit of democracy.

 


 

PFAW

Important votes next week on DADT, DREAM, and secret holds

It could be a big week next week for the Senate. When Majority Leader Reid brings the FY 2011 Defense authorization bill to the floor, we are likely to see consideration of Don’t Ask, Don’t Tell, the DREAM Act, and secret holds.

Don’t Ask, Don’t Tell. According to PFAW’s Michael B. Keegan and Marge Baker, “Don’t Ask, Don’t Tell runs counter to the honesty and integrity we associate with the armed forces, not to mention the values of equality and freedom of expression espoused by our Constitution.” AAMIA’s Reverend Timothy McDonald, III and Reverend Dr. Robert P. Shine agree that LGBT individuals “share in the sacrifices made by their family, friends, and neighbors. They deserve to serve honestly and openly with dignity.” Conditional repeal passed as an amendment to the FY 2011 Defense authorization bill on the House floor and in the Senate Armed Services Committee. Now that the bill is coming to the Senate floor, repeal opponents may get a chance to modify that language or remove it entirely. We want to make sure that the current language remains intact as the bill goes into conference and eventually heads to the President’s desk.

The DREAM Act. Earlier this year, PFAW urged the Senate to take action on comprehensive immigration reform (CIR). And we urged both chambers to recognize LGBT families in their work. We have also been longtime supporters of the DREAM Act, a bill that would grant children of undocumented immigrants the opportunity to earn legal permanent resident status in the US. It may now see light of day as an amendment to the FY 2011 Defense authorization bill. Senators should take this opportunity to send a clear message that expanding access to higher education for these children – and for anyone – benefits them, benefits our economy, and benefits our country.

Secret holds. PFAW has been a staunch defender of Senate rules and procedure against unprecedented obstruction. Senator Wyden has also taken up this cause. He joined with Senators Grassley, McCaskill, Murray, and Sherrod Brown to introduce the Secret Holds Elimination Act, a bill that would require public disclosure of all objections. Attempts were made this summer to push such disclosure, and another is expected within the FY 2011 Defense authorization bill. No single Senator should be able to stop legislation or nominations without at least some measure of transparency and accountability.

These are not the only issues we’ll be monitoring next week, but they are three on which we expect votes. Please contact your Senators now.

PFAW

Appeals Court Strikes Down Hazleton, PA Immigration Law

Hazleton, Pennsylvania in many ways pioneered the trend of sweeping, discriminatory, and impractical state and local immigration enforcement laws.

And, like the recent Arizona law that followed in its ideological footsteps, Hazleton’s law requiring businesses and landlords to act as immigration enforcement officials hasn’t been too popular with the courts.

Today, the 3rd Circuit Court of Appeals affirmed the large part of a lower court ruling that struck down the law, holding that Hazleton was interfering with the federal government’s exclusive responsibility to enforce immigration laws.

In July, a federal judge blocked portions of Arizona’s new draconian anti-immigrant law from taking effect because of similar concerns about the state government trying to take on the federal government’s role.

The question of whose jurisdiction immigration enforcement practices fall under isn’t purely technical. The 3rd Circuit decision offered up the example [PDF] of Hazleton’s requirement that landlords check the immigration status of tenants before renting to them:


Although the federal government does not intend for aliens here unlawfully to be harbored, it has never evidenced an intent for them to go homeless…Common sense, of course, suggests that Hazleton has absolutely no interest in reducing aliens without legal status to homelessness either. No municipality would benefit from forcing any group of residents (“legal” or “illegal”) onto its streets. Rather, it appears plain that the purpose of these housing provisions is to ensure that aliens lacking legal immigration status reside somewhere other than Hazleton. It is this power to effectively prohibit residency based on immigration status that is so clearly within the exclusive domain of the federal government.

Laws like Hazleton’s and Arizona’s make those places as hostile as possible to immigrants both legal and illegal—their ultimate goal isn’t to solve the nation’s immigration challenge, but to be able to ignore
 

PFAW

Alabama County Brings the Voting Rights Act to Court

An 87% white county in Alabama is arguing that some of the anti-discrimination protections in the Voting Rights Act are no longer necessary…and its case might end up in the Supreme Court.

Shelby County is protesting Section 5 of the Voting Rights Act, which requires counties with a history of discriminatory election practices to run new election rules by the Justice Department.

"For Congress to continue to interfere with Shelby County's electoral autonomy in 2010 based on conditions that existed in 1965 is both arbitrary and without constitutional justification," according to one of the county's written arguments in the case.

Shelby County's complaint is that Section 5 of the law -- which says the Justice Department has to make sure election-related changes don't discriminate against minority voters -- is no longer necessary and that complying with the law is a significant legal expense for county taxpayers.

The county, however, does not provide any details about the "taxpayer dollars, time and energy" it has spent over the years asking the federal government to pre-approve things like new district lines or polling place changes. The U.S. Justice Department, the defendant in the lawsuit, argues the claim about expenses is vague and unsupported by evidence.

A number of African American residents of Shelby County disagree that voter discrimination is an outdated problem, and have tried to stop the county’s suit from going forward. They have some concrete examples to back them up. Just in 2008, a redistricting plan for one city in Shelby didn’t pass Justice Department muster because it eliminated the city’s one majority-black council district.

Shelby County’s argument recalls some of the right-wing objections to the 2006 renewal of the Voting Rights Act. Georgia Republican Lynn Westmoreland said of the 1965 bill, "It was set up to be temporary, just to get things to where they should be," he said. "And if you look at the results we have here in Georgia, I think you can see that it's worked. Its time has passed."

If only it had.
 

PFAW

Joe Miller’s Dangerous Views on Women’s Rights

After his dramatic upset win, Alaska Republican Joe Miller took a stunningly distasteful route when tweeting about his opponent: Senator Lisa Murkowski. Rumors in Alaska were flying that Murkowski, who is trailing Miller with vote totals without absentees and early-votes counted, would run in the general election even without the Republican nomination. Miller responded with this mind-boggling post about his rival:

Of course, Miller’s campaign promptly removed the Tweet and denied that the candidate was the author. Facing criticism, the campaign released a statement claiming that the author was referring to Alaska’s Libertarian Party, not the Senator.

But in light of this sexist outburst, no matter who wrote it, it’s worth asking what Miller’s attitude is towards women when it comes to writing laws.

The answer is that the Tea Party-loved, Sarah Palin-backed “small government conservative” has a very intrusive view of the government’s role in women’s lives and family decision-making: He opposes a woman’s right to choose in nearly all cases, believing that an abortion should be legal only when a woman’s life is endangered. He does not support exceptions for rape and incest, and is a staunch supporter of Measure 2, a referendum that passed with 55% of the vote, which forces minors to obtain the consent of their parents in order to have an abortion. In the case of sexual assault by a family member, minors can receive a “judicial bypass” from the Supreme Court, but can only petition the Court with the authorization of an adult family member or a law enforcement officer.

The American Academy of Pediatrics, National Association of Social Workers and the YWCA all opposed the law, citing the lack of protections for girls who are homeless and the victims of abuse, incest, or rape. According to the Juneau Empire: “a girl who is struggling with an unwanted pregnancy, and is suffering abuse at home (maybe even the awful damage of incestuous rape),” because of Measure 2, “would be forced to either deal with the consequences of revealing this pregnancy to an abuser, or relive the abuse in a written statement before she is psychologically ready to do so.”

Miller is the preferred candidates of the right-wing Alaska Family Council, whose mission is to “to hold our public officials accountable to a higher law - the law of God.” He also strongly opposes comprehensive sex-education and stem-cell research, while a champion of the “global gag rule,” or the prohibition of US funding to family planning services and the groups that promote them.

The more combative Tea Party-style of campaigning by candidates such as Joe Miller, who previously paraded with assault weapon-wielding supporters, promotes a cold political agenda that sees government with little-to-no role in helping or protecting the elderly and disabled, low-income families, the unemployed, the uninsured, or victims of hate crimes. However, Miller believes in a severely expansive and invasive role for government when it comes to decisions over women’s bodies.

PFAW

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

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

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

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

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

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

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

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

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

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

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

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

PFAW