nominations

What Moderates?

Last night, Patricia Smith, President Obama’s choice to be Solicitor of the Department of Labor, passed an important procedural hurdle: the Senate decided to vote on her nomination.

What’s remarkable is that, unlike past attempts to block votes on executive branch nominees, the vote was entirely along party lines.  Even the so-called moderates in the Republican party, like Senators Susan Collins and Olympia Snowe, voted against allowing an up or down vote on a second-tier executive branch nomination.

For a party that railed against the use of the filibuster even in the case of judicial nominees, the hypocrisy is remarkable.

Perhaps, you think, Patricia Smith is far outside the mainstream, and the GOP was using it’s last tactic to stop an extreme nominee. 

Nope.  

But filibustering a nominee like Smith for a position most people have never heard of in a department that is rarely in the news still requires some justification. After all, most of the GOP senators have been around long enough that they served during a time when such a filibuster would be unimaginable.

So they called Smith a liar.

Sen. Mike Enzi (R-Wy.), the ranking Republican on the Health, Education, Labor and Pensions Committee, led the pack, decrying her "lack of candor" and cited "discrepancies in her testimony." The issue -- which was really not, of course, the issue -- centered on a small pilot program in New York called Wage Watch, which aims to educate workers about the minimum wage is and when they are entitled to overtime. Republicans, during committee hearings, insisted that it was a Big Labor plot, but Smith said the idea had been generated within her office. It was later shown that apparently a labor representative had suggested it to an employee, who then suggested it to Smith.

The GOP also lambasted Smith for categorizing the pilot program as "educational" rather than "enforcement." Democrats pointed out that the distinction was an irrelevant one: The purpose of the education was to improve enforcement efforts.

The pilot program cost $6,000. Smith manages some 4,000 employees and oversees an $11 billion annual budget.

The conclusion is obvious.  The GOP, including so-called moderates, are obstructing nominations for the sake of obstruction, throwing sand into the gears of government and attempting to hobble the Obama administration by any means necessary.  That tactic is irresponsible and unacceptable.  Americans deserve better.

 

PFAW

Extra! Extra! 59 is more than 41!

In the wake of yesterday's extremely disappointing election in Massachusetts, you'd be forgiven for thinking that the Democrats had somehow lost control of the Senate.  In fact, the Democrats still have an 18 vote majority--an enormous power base in a legislative chamber with only 100 seats.

Former Solicitor General Walter Dellinger points out that on Supreme Court nominations, President Obama has a majority that most presidents would envy:

President George H. W. Bush had only 43 Republican Senators when he nominated Judge Clarence Thomas – undoubtedly the most conservative nominee of the past half-century – to the Supreme Court. That’s right: 43 Senators of his party. In the end, Justice Thomas was confirmed 52 to 48. The nomination was not remotely close to having enough Senators to prevail on a cloture vote – that would have required all 43 Republicans, joined by 17 Democrats. But he was confirmed because the settled expectation was that the President and the country are entitled to have an up or down vote on a matter such as a Supreme Court nomination. A filibuster that prevented such a vote was politically unthinkable.

And if there aren't 60 votes in favor of a particular issue or nominee?  Let them filibuster.  After a while, voters might start wondering why it is that 41 senators won't allow a vote on legislation with clear majority support.

PFAW

The GOP and the Courts

If anyone had any doubt that the courts matter, check out this article in today’s Hill about Republicans and allied groups vowing to spend millions on legal challenges to healthcare reform and other parts of the Obama agenda.

Health care, global warming, financial reform, workers rights--you name it.  The courts make a huge difference in the lives of all Americans. Who sits on those courts--and how fully they embrace our core constitutional values--is critical.

That’s why there’s so much urgency about breaking the current nominations impasse created by Republicans’ unprecedented obstruction. And that’s why we need a bold choice to fill any new vacancy on the Court--someone who understands the constitution mandates attention to the interests of all, not just a privileged few.

PFAW

Dawn Johnsen and the GOP Obstruction Game

As you may have seen reported, in a perfect exclamation point to the obstruction we've seen all year, when the Senate adjourned last week, the Republicans objected to what is ordinarily a routine request to waive Senate rules and permit pending nominations to remain in the Senate confirmation pipeline. Without what's called "unanimous consent," under Senate rules, pending nominations must be returned to the President, who then has to re-nominate in the next session. In what has become a far too typical exercise by the "Just Say No" party, Republicans objected to three DOJ nominees who have been on the Senate’s calendar awaiting consideration for months: Dawn Johnsen, for the Office of Legal Counsel; Chris Schroeder for the Office of Legal Policy; and Mary Smith, for the Tax Division. They also objected to two pending federal District Court nominees (Edward Chen, for a seat on the Northern District of California and Louis B. Butler for a seat on the Western District of Wisconsin) and to Craig Becker for reappointment as a member of the National Labor Relations Board. 

This is just more of the same unconscionable obstruction by the Republicans that is interfering with the President's ability to assemble the team he needs to serve the American public. And the obstruction is pointless. All the Republicans are doing is slowing down the inevitable -- but as we've seen with any number of issues, anything they can do to gum up the works they treat as a victory. So much for the Republicans' past claims about how elections matter and about the deference owed to the President in filling out his cabinet.

Right now, three of eleven Assistant Attorney General slots in the Justice Department -- more than one quarter of the key leadership slots at DOJ -- are filled by individuals in interim "acting" capacities because the Republicans are playing politics and tying up the nominees. It's nearly one year since Dawn Johnsen's nomination was announced; her nomination has been pending on the Senate calendar for nine months.

We fully expect the President and the Senate to work through this latest round of irresponsible Republican obstruction. The nominees will be sent back to the Senate; the Judiciary Committee will consider them promptly; they'll go back on the Senate Calendar; and, unless cooler and more responsible heads prevail, Senator Reid, unfortunately, will have to file cloture on each and every one of them to put an end to the obstruction. These are exceptionally talented nominees -- and the American people will be well-served when they are finally confirmed. 

PFAW

The Pew and the Bench: A Faith Summit on the Federal Judiciary

Today, there was a panel at the Religious Action Center discussing the role of religious communities in debates over judicial nominees. Joi Orr, program assistant with People for the American Way’s African American Religious Affairs department spoke about the role of the religious vote and what People for the American Way is currently doing around judicial nominations.

Other panelists included: Nancy Zirkin from the Leadership Conference on civil rights, Jim Wimkler from the general board of the United Methodist Church, Holly Hollman from the general counsel of the Baptist joint committee, Sammie Moshenberg from the National Council of Jewish Women, Rick Foltin from the American Jewish Committee and Mark Pelavin from the Religious Action Center.

Panelists briefly discussed how their organizations reach various faith communities, and reiterated the importance of having strong judicial candidates for these lifetime position. Joi summarized the work that the African American Religious Affairs department is accomplishing with regards to judicial nominations.

The ministers programs were founded to act out of the prophetic vein of the Black Church. So I will say, that we do not claim to speak on behalf of the entire black church, because it is not a homogeneous group. We particularly advocate and represent the marginalized, disenfranchised, and outcast. So like the prophet Rev. Dr. Martin Luther King Jr., we advocate with a liberal reading of the Bible in one hand and the Constitution in the other. That’s what the prophetic black church has done throughout history. We rejected the “slaves obey your masters” rhetoric of the New Testament, while embracing the nation’s sacred documents that purport to stand for liberty and justice for all. And I want to underscore the word all. Because the truly prophetic black church is inclusive in its advocacy. That’s why MLK was an integrationist. That’s why as an organization we work on fair public education for all of our children, fair comprehensive immigration reform, and LGBT rights, because injustice anywhere is a threat to justice everywhere.

PFAW

President Obama nominates Judge Chin and Judge Thompson to Court of Appeals

Judge Chin clerked on the Southern District of New York for Judge Henry F. Werker. He was the first Asian-American appointed as a U.S. District Court Judge outside of the Ninth Circuit. Judge Chin is currently the U.S. District Court Judge for the Southern District of New York

Judge O. Rogeriee Thompson serves on the Rhode Island Superior Court.  She was the first African-American woman on that court. As an Associate Justice of the Rhode Island Superior Court, Judge Thompson has original jurisdiction over all felony cases and civil actions, including those sounding in equity

President Obama said:

Judges Chin and Thompson have displayed exceptional dedication to public service throughout their careers They have served on the bench with distinction in New York and Rhode Island and I am honored to nominate them today to serve the American people on the United States Court of Appeals. I am confident that they will be judicious and esteemed additions to the First and Second Circuits

We hope that the Senate confirms these nominations quickly. With both Judge Chin and Judge Thompsons' credentials, we think that they will be excellent additions to both the First and Second Circuits

PFAW

Returning Justice to Justice: Stop the Obstruction

Don't miss today's New York Times article on the steps Attorney General Eric Holder is taking to restore the Civil Rights Division's historic focus on high-impact enforcement against policies that have a discriminatory impact on minorities. Also underway are plans to beef up hiring of career attorneys and an administration-wide effort to enforce regulations that bar those who receive public funds from advancing policies that have a disparate impact on minorities.

Now all the Attorney General needs is for an end to the Republican obstruction that has prevented the confirmation of Tom Perez to head the Civil Rights Division, not to mention Dawn Johnsen to head the Office of Legal Counsel and Chris Schroeder to head the Office of Legal Policy. By the time the Senate returns from its August recess, these nominees will have waited nearly 8 months, more than three months, and nearly one and a half months, respectively, for a vote by the full Senate following approval of their nominations by the Senate Judiciary Committee.

It's time to stop the obstruction and to give the Attorney General the assistance he needs in returning justice to the Justice Department.

PFAW

Wendy Long May Have More in Common with Sotomayor Than She Thought

If you’ve been following the nomination of Sonia Sotomayor to the Supreme Court, the term “reverse-racist” has undoubtedly appeared in a story you’ve read. Rush Limbaugh branded Sotomayor a ‘reverse-racist’ on his radio show, while Newt Gingrich labeled her a racist when he posted a statement on his Twitter account.

Some right wing groups claim that Sotomayor is a judicial activist who will bend the law based on her own personal views.

Wendy Long of The Judicial Confirmation Network, a conservative-leaning organization involved with judicial nominations, sent a letter to Senators yesterday outlining these concerns:

“Judge Sotomayor challenges the belief that the law needs to be knowable and predictable . . .” 

Long accused Sotomayor of embracing judicial activism, and claims that “when judges drive such change, based not on the written Constitution and laws enacted by the people, judges use their own sense of personal "justice," based on their own experiences, personal views, feelings, and backgrounds.”

Sadly, the facts get in the way of Long’s argument. Take, for instance, Sotomayor’s ruling in the case of Pappas v. Giuliani. In short, the case involved Thomas Pappas, an employee of the New York City Police Department, who was fired for mailing racially offensive, anonymous letters to organizations that had solicited him for donations.

A reverse-racist, judicial activist, such as Sotomayor, must have ruled in favor of the city, claiming that Thomas violated the rights of others through his offensive remarks, right?

Wrong. It turns out that Judge Sotomayor did exactly what Wendy Long would have wanted―she made her ruling based “on the written Constitution and laws enacted by the people.” Citing the NYCLU’s briefing on the case, Sotomayor and her Second Circuit panel concluded that: 

“The reduced free-speech protections accorded to public-employee speech related to the workplace also extended to private and anonymous speech by employees that took place away from the workplace and that was unrelated to the workplace” 

 Rather than let her personal beliefs get in the way of her ruling, Sotomayor upheld one of America's oldest laws by defending a bigot’s right to be a bigot.

PFAW

Two Strikes Against Senator Inhofe

Senator Inhofe announced earlier this week that he would filibuster the nomination of David Hamilton for a seat on the Seventh Circuit Court of Appeals. And on the Senate floor he elaborated—he said this was because, in a case involving a ban on the Indiana House of Representatives’ use of opening prayers to advance a particular religion, Hamilton placed limits on prayers that used Christ’s name, but, according to Inhofe, said that invoking the name of “Allah” would be permissible.

There are two major problems with Senator Inhofe’s announcement.

First is the senator’s statement, back in 2005, that filibusters of judicial nominees were contrary to the Constitution. Of filibusters of judicial nominations he said: “I don’t think it should be used where it is contrary to the Constitution.” If you watched Rachel Maddow last night you go this point loud and clear. You can’t have it both ways – the Constitution didn’t change between 2005 and 2009; what changed is the President making the nominations.

The second is the Senator’s gross misreading of Hamilton’s opinion. As noted in an earlier post, Hamilton never ruled that prayers to Christ were impermissible, while Muslim prayers were permissible. What he said was that any prayers that advanced a particular religion were impermissible and that on the record before the court, the official prayers being offered in the Indiana House “repeatedly and consistently” advanced the Christian belief in the divinity of Jesus, but that the single instance of a Muslim imam offering a prayer was not distinctly Muslim in its content.

In a ruling on a post judgment motion, Hamilton did say that prayers to “Allah” would be permissible, but what Senator Inhofe’s statement leaves out is both the context and the full content of the statement. Hamilton was asked in the post judgment motion to rule on whether a prayer can be addressed to “Allah.” Explaining that this is the Arabic word for “God” used in translations of Jewish and Christian scriptures, Hamilton ruled this permissible. He went on to say: “If those offering prayers in the Indiana House of Representatives choose to use the Arabic Allah, the Spanish Dios, the German Gott, the French Dieu, the Swedish Gud, the Greek Theos, the Hebrew Elohim, the Italian Dio, or any other language’s terms in addressing the God who is the focus of the non-sectarian prayers contemplated in Marsh v. Chambers, the court sees little risk that the choice of language would advance a particular religion or disparage others.”

If Senator Inhofe would carefully review the record, either Judge Hamilton’s or his own, he’d see that his pledge to filibuster this nomination is a very poor idea.

PFAW

The Audacity of Blackmail

According to the Daily Beast, the GOP is threatening to filibuster President Obama’s legal nominees if he moves to release the infamous “torture memos” that came out of the John Yoo-era Office of Legal Counsel:

A reliable Justice Department source advises me that Senate Republicans are planning to “go nuclear” over the nominations of Dawn Johnsen as chief of the Office of Legal Counsel in the Department of Justice and Yale Law School Dean Harold Koh as State Department legal counsel if the torture documents are made public. The source says these threats are the principal reason for the Obama administration’s abrupt pullback last week from a commitment to release some of the documents. A Republican Senate source confirms the strategy. It now appears that Republicans are seeking an Obama commitment to safeguard the Bush administration’s darkest secrets in exchange for letting these nominations go forward.

It was bad enough that George W. Bush spent the last eight years politicizing the Department of Justice and degrading the rule of law. Now, instead of working with the new administration to clean up the DOJ, Republican Senators are apparently doubling down and desperately attempting to cover up the Bush Administration’s misdeeds and their own complicity.

As several of the Democrats on the Senate Judiciary Committee said during the Committee’s vote on Dawn Johnsen’s nomination: bring it on. If the GOP wants a public debate about what’s been going in on the Justice Department, that’s the kind of debate the American people will understand.

In the mean time, now would be a good time to remind every member of the U.S. Senate, Democrat and Republican alike, that it’s time to confirm Dawn Johnsen and clean up the DOJ.

PFAW

GOP Boycotts Hamilton Hearing

I’m just back from the Senate Judiciary Committee hearing on the nomination of Judge David Hamilton to the Court of Appeals for the Seventh Circuit, which the Republicans on the committee boycotted because they claimed they had not been given sufficient time to prepare for the hearing. In an ironic twist, the hearing was held in a small room off of the Senate floor—the same room that Senator Leahy, the Chair of the Committee, used to continue holding hearings on President Bush’s judicial nominations in the immediate aftermath of September 11th.

As Senator Leahy noted today, the Democrats on the Committee have a better record of pushing through Republican judicial nominees than the Republicans had when they were in charge. Yet today, the Republicans once again were all about trying to delay the process, and we’re now even seeing complaints that the hearing was moved to the Capitol, a move which actually helped accommodate Senators who needed to be on the floor to vote on budget amendments.

In the absence of the Republicans, Senator Leahy ended up asking Judge Hamilton about cases that Senator Specter had identified as potentially problematic – in other words he asked the Republicans questions for them!

David Hamilton is eminently qualified to sit on the Seventh Circuit. We hope the Committee will move his nomination forward when the Senate returns from its upcoming two-week recess.

PFAW

The Right Re-Tools as 'Resistance Movement'

Another week, another clear example of who is pulling the strings in the Republican Party. On Monday, Republicans in the Senate -- all 41 of them -- sent a letter to President Obama all but demanding that he re-nominate three of President Bush's nominees and threatening filibusters if the president does not do what they want with his future judicial nominations.

It was only a few years ago that the GOP wanted to eliminate the judicial filibuster entirely, telling anyone who would listen that every judicial nominee deserved an up-or-down vote without exception. Apparently, the Senate Republicans have the collective memory of a goldfish.

Of course, these senators' attempt to force "bipartisanship" at gunpoint, to coerce the president with threats, is one giant pander to their extreme right-wing base. The Far Right wants to maintain conservative majorities on the most powerful courts in the country. And they want senators to do everything in their power to block judges that don't meet their strict litmus tests on everything from Roe v. Wade and gay rights to free speech and the separation of church and state -- and much more.

This is one more example in a long list of the GOP marching in lockstep to the Radical Right's orders in just the last few weeks:

  • In the spirit of Rush Limbaugh's clarion call to conservatives to hope for President Obama's failure, 100% of the Republican caucus in the House voted against the majority's stimulus package last month.
  • Some Senate Republicans have been following through on the Radical Right's challenges to the president's Department of Justice nominees, this week moving to delay a floor vote on the confirmation of David Ogden.
  • And earlier this week, RNC Chairman Michael Steele was forced apologize to the real leader of his party after making some comments seen as critical of Rush Limbaugh -- proving that Limbaugh and other extremists are calling the shots within the party.

People For the American Way just released a very timely Right Wing Watch In Focus on the status of the Radical Right's strength and influence (available here). Please read it and share it with your friends and fellow activists.

There has been much talk in the media about the Republican Party and even the Conservative Movement being lost in the wilderness. But the leadership vacuum is being filled with the most fringe elements of that side of the political spectrum. The Far Right is stronger than ever ... and the weakness of one of the major parties has provided a huge opportunity for them to assert that strength.

AND we've released our own take on Limbaugh's recent comments which is a must watch. Please take a moment to watch the video and then send a message to Rush telling him to GROW UP. Then tell your friends to check it out at www.BabyRush.org.

PFAW

Report from the Judiciary Committee

I'm sitting in the Senate Juduciary Committee executive meeting where Senator Leahy confirmed what we had been hearing -- despite the fact that David Ogden's nomination to be Deputy Attorney General was reported out on a vote of 14-5, with three Republicans including the ranking member in support -- the Republican caucus is going to filibuster the nomination on the floor.  All this because Ogden had the temerity while in public practice to stand up for the First Amendment and a woman's right to choose.

Senator Leahy also flagged the absurdity -- which People For noted earlier this week -- that the entire Republican caucus is threatening to filibuster President Obama's judicial nominees even before a single nomination is put forward. Senator Leahy noted that Republicans and their allies may want the President to fail, but that the American people surely do not. For the good of all of us, he said, President Obama needs to succeed. And that certainly means moving the President's nominees through expeditiously.

By the way, the final votes on the nominations of Elena Kagan -- who will be the first woman confirmed as Solicitor General -- and Tom Perrelli -- nominated to be Assistant Attorney General -- were both held up by the Republicans at the last executive meeting. The vote today? 13-3 and either 17-1 or 16-2. (There was some confusion about the last vote - will report back when it's clarified.)
 

UPDATE: So, it looks like the planned filibuster of the Ogden nomination may be losing some steam. Thanks to Senator Leahy for exposing the Republican obstructionism to the light of day. Also, the Committee has clarified the vote on Tom Perrelli's nomination: it was 17-1, with Senator Coburn as the only "no" vote.
 

PFAW

The GOP as the Party of No

I just came back from an executive meeting of the Senate Judiciary Committee where once again the Republicans are demonstrating a reflexive and not very wise strategy of just saying NO. Senator Leahy, chair of the Committee was trying to move the nominations of two key Justice Department nominees, Elena Kagan, who will be the first woman to be confirmed as the Solicitor General of the United States, and Tom Perrelli, who will be the third-most senior official at the Justice Department, but Republicans on the committee refused to permit a vote. 

It’s not that they’re not entitled to do this – they have the procedural right under the Committee’s rules to hold the votes over until the next meeting of the Committee. My concern is that the Republicans didn’t appear to have any good reasons for delaying the votes other than “because we can.” That shouldn’t be acceptable, particularly where, as here, the delay denies Attorney General Holder and President Obama the senior leadership team they need to address the enormous task of restoring public confidence in the Department’s commitment to the rule of law.

Senator Leahy has bent over backwards to accommodate the Committee Republicans, in much the same way that President Obama has tried to reach across the aisle on a range of issues. But the response is obstructionism and delay. Saying NO just because you can is not sound policy and is not good for the American people.

PFAW

The Obstruction Strategy

On Wednesday night, I was thrilled to represent People For the American Way members and activists at a small White House reception. When meeting the President and First Lady, as well as Vice President Biden and his wife Jill, it really sunk in that, finally, progressives are no longer locked out as we were during the Bush administration. People For's seat at the table is the Obama administration's recognition of you and all your efforts, your passion and your activism, and our collective strength.

We will still need to organize and fight to achieve our goals, but so much more is possible now and it's good to know that we have a receptive audience. Our vigilance is needed to help make sure the administration does the right thing, but it's also needed because with this shift that I've just described, the Far Right has amplified its efforts to divide Americans and obstruct a progressive agenda.

Yesterday, People For the American Way released a Right Wing Watch In Focus report exposing the Radical Right's real intentions in their efforts to obstruct confirmation of President Obama's Department of Justice nominees:

"The rhetoric used in the attacks, documented extensively on RightWingWatch.org, suggests that the campaign may be less about actually stopping any of these nominees and more about getting right-wing activists, pundits, and lawmakers warmed up for similar attacks on eventual Obama nominees to the federal judiciary, and in particular to the U.S. Supreme Court."

This is more than just "playing politics." The DOJ is a vital branch of the government and these positions are critical to fill. Americans need to be able to put the past eight years of politicization and cronyism at the Department behind us and once again rely on the DOJ as a protector of our rights and values.

As I write this, the Justice Department is at the center of some serious legal matters pertaining to fundamental checks and balances. The Bush administration pushed most people's understanding of executive power to the limit and went significantly beyond. Some members of Congress did not take it lying down, asserting their constitutional authority and acting on their duty to check the president's power and cut through the extreme secrecy. But the process will be a long and intense one and we need a full team in place at Justice to help do the job.

The Senate must not delay in confirming all of the president's nominees, and first up, due to be voted on in committee next week, is Deputy Attorney General nominee David Ogden.

Ogden is incredibly well qualified, but the Right has attacked him because of his representation of American Library Association, the American Booksellers Association, and, yes, Playboy and Penthouse in First Amendment cases. They also went after him for arguing vigorously on behalf of a woman's right to choose and advocating that the U.S. follow the U.N. Convention on the Rights of the Child -- something that only the most fringe elements on the Right oppose.

But most of all, the Far Right is flexing its muscle in advance of judicial confirmation battles to come.

The Family Research Council has generated thousands of calls to the Senate in opposition to Ogden as a show of strength. It is absolutely necessary that senators not only hear from their side. Every senator needs to see that progressive activists are willing to stand up for constitutional values and weigh in on these fights. And they need to see it well in advance of Obama's first judicial nominations.

Please take a moment now to send an e-mail to your senators urging the swift confirmation of David Ogden as Deputy Attorney General.

Whether you live in a red state or a blue state, your senators need to hear from you. Even the most right-wing senators need to know that people in their states are spreading a counter message and are ready to hold them accountable.

Help Ogden achieve speedy confirmation for the sake of the DOJ AND to show senators that it's not only the Right that's strong.

PFAW

Rumors of their death...

Even before November's election, gallons of ink were being spilled to report the demise of the Religious Right. But, as Mark Twain might have said, rumors of the Right's death have been greatly exaggerated.

A small incident that was mostly ignored by the media gives a glimpse of the Radical Right's continued pull on Capitol Hill. Last week, People For's Right Wing Watch blog documented the evolution of a right-wing lie, starting with complaints by Pat Robertson's American Center for Law and Justice that a provision in the stimulus bill discriminated against people of faith (and was, specifically, anti-Christian). In fact the provision in the bill was standard language that barred the use of federal funds to construct buildings designed for religious worship or sectarian instruction and had no bearing at all on campus prayer.  Nevertheless, ACLJ's complaints bubbled up through the right-wing echo chamber and eventually became an amendment, offered by Senator DeMint of South Carolina, to strip the provision. The amendment was ultimately defeated, although by a less-than-comfortable margin. In the end, 43 senators, including some Democrats, voted with DeMint ... on an amendment that was based on nothing but the paranoid demagoguery of a fringe right-wing organization.

The right-wing message machine is firing on all cylinders too: aggressively targeting the Obama administration. It has already weighed in heavily on the economic stimulus plan, ensuring that there was no Republican support for the Obama plan during the House vote (and little more in the Senate), and Religious Right leaders are moving quickly to increase their influence within the Republican Party and at the state and local level.

Perhaps most dauntingly, the Right is laying the groundwork for future battles over judicial nominations. Some Right Wing leaders, including Family Research Counsel President Tony Perkins, have been very explicit about linking their current attacks on DOJ nominees to future obstruction of Obama judges. And if the current attacks are any indication, they'll throw everything they've got at the President's nominees to the bench. Deputy Attorney General-nominee David Ogden, for instance, represented groups defending the First Amendment (including the American Library Association and the American Booksellers Association), and is now being smeared as a "porn lawyer" for his efforts. Dawn Johnsen, President Obama's choice to head the Office of Legal Counsel, is being aggressively targeted because of her outspoken opposition to the Bush administration's support of torture, rendition, and warrentless spying -- to say nothing of her time on staff at NARAL Pro-Choice America.

People For the American Way and People For the American Way Foundation are out there every day -- pushing back on the Right's unyielding efforts. We're digging in our heels for 2009, ready to:

  • research, educate about and counter extreme claims of the Radical Right;
  • uphold and advocate for a progressive vision of the Constitution;
  • support the confirmation of progressive jurists and promote progressive legal theories while taking part in strategic litigation;
  • fight for equality for all, especially through the Foundation's work to combat homophobia in the Black Church; and
  • invest in progressive leadership.

You can help with these efforts by helping to expose the Radical Right in your community, and by staying abreast of right-wing trends by reading the Right Wing Watch blog (and signing up for regular Best of the Blog e-mail updates).

By standing with People For the American Way, you are standing against the undeserved influence of right-wing extremists in our politics and our culture. And I thank you for it.

PFAW

Department of Justice Will Actually Uphold the Law!

After 8 years of the Bush Administration, it’s amazing how low our collective standards have fallen. For instance, the idea that Barack Obama has appointed people to the Department of Justice who will uphold the rule of law -- as opposed to wantonly ignoring it for political purposes -- struck me almost too good to be true.

But by any standards the team he’s put together looks top notch. Elena Kagan is clearly the big news, but there’s a lot of depth in the slate of nominees. TAPPED points out:

One particular point of interest: Johns[e]n, the new head of the Office of Legal Counsel, has recently written articles entitled Faithfully Executing the Laws: Internal Legal Constraints on Executive Power and What's a President to Do? Interpreting the Constitution in the Wake of the Bush Administration's Abuses. Given that OLC was a hotbed of torture-justifying and illegal-surveillance-allowing during the last administration, it's nice to see that the new boss has a different set of ideas.

Be still my beating heart!

PFAW

Kathleen Turner vs. Susan Collins

Sure, we've been saying for years that Senator Susan Collins's votes on the Roberts and Alito nominations show how shallow her commitment to choice really is. But when Kathleen Turner is saying it, it just sounds different.
PFAW

Kathleen Turner vs. Susan Collins

Sure, we've been saying for years that Senator Susan Collins's votes on the Roberts and Alito nominations show how shallow her commitment to choice really is. But when Kathleen Turner is saying it, it just sounds different.
PFAW

Washington Post Editorial Gets It Wrong On Nominees

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

To the Editor:

PFAW