Supreme Court

While Trump Makes Racist Attacks On Judge, GOP Holds a Supreme Court Seat for Him to Fill?

This piece originally appeared on the Huffington Post.

It was both completely in character and shamefully beyond the pale when Donald Trump accused Judge Gonzalo Curiel, who is presiding over two lawsuits against Trump University, of having an “inherent conflict of interest” in the cases because of the judge’s Mexican heritage. On Sunday he extended that charge to Muslim judges, who he also suspects would be unable to remain unbiased. If there was a shred of doubt remaining on the question of whether Donald Trump is fit to make judicial nominations before this attack, that debate is now over. Even GOP senators arespeaking out against Trump’s remarks. But in a contortion act that defies logic, those same senators continue to go to extraordinary lengths to hold open the vacant Supreme Court seat for the very person whose approach to judicial matters they are condemning.

GOP leaders rushed to denounce Trump’s remarks about Judge Curiel, with Republican senators including Kelly Ayotte, Jeff Flake, Rob Portman, and Mitch McConnell speaking out against his comments and House Speaker Paul Ryan calling them “out of left field” even though even a casual observer knows they were coming right from home plate for the past year. Trump has been consistent in his baseless attacks on entire communities since the first day of his campaign, when he smeared Mexican immigrants as rapists and drug dealers. And if some in the GOP are (rightly) condemning Trump’s vision of a justice system in which some judges are prohibited from doing their jobs because of their ethnic background, why are they going to extraordinary lengths to put him in the driver’s seat of our nominating process?

GOP senators are still doing everything they can to block President Obama from filling the Supreme Court vacancy. Rather than follow the Constitution and give fair consideration to President Obama’s extraordinarily qualified and respected nominee, GOP senators are running a campaign of unprecedented obstruction in order to allow Trump to make the Supreme Court nomination instead.

Let’s be clear: Trump had already provided countless reasons to call into question his fitness to nominate judges. This is a man who supports killing the family members of terrorists and wants to “open up” libel laws so he can go after journalists. That he’s now implying whole swaths of people are not fit for the federal bench is one of the most disturbing examples yet of Trump’s contempt for the independence of the judiciary and for Americans different from him. It goes against the most fundamental values of our country, and it is Exhibit A of why he should never be the person nominating judges at the Supreme Court or any level.

It’s no wonder Americans are worried about the prospect of Donald Trump making judicial nominations. Even before his attack on Judge Curiel, a recent poll found that the majority of Americans don’t trust Trump to fill the Supreme Court vacancy, and they’re none too pleased with the senators obstructing President Obama’s nominee.Half of voters say they are “less likely to vote for a senator who opposed having confirmation hearings” for Judge Merrick Garland. For Republican senators in tight reelection battles, their unwillingness to do their jobs is increasingly and rightfully becoming a liability with voters.

The fact that GOP senators are flat-out refusing to do their jobs on the Supreme Court was already an outrage. That they are now working to hold the seat open for a man who thinks some judges can’t do their jobs because of their ethnic background or religion is unconscionable and should be, quite frankly, embarrassing to all Republicans. GOP leaders are in a position of both condemning Trump’s approach to judicial issues and working to make sure he’s the one to make lifetime judicial appointments. Make sense? It doesn’t to me, either.

The choice is now crystal clear. It’s time to call the question and give Merrick Garland a vote.  

PFAW

More and More Agree: Eight is NOT Enough for the Supreme Court

Over the last few days, both the Washington Post and prominent constitutional law professor Laurence Tribe have joined the growing chorus of voices, including Republican as well as Democratic judges, making clear that eight justices are NOT enough for the nine-member Supreme Court, and that the continuing vacancy caused by Senate Republicans’ unprecedented refusal to even consider President Obama’s nomination of Judge Merrick Garland for the vacant Court seat is unconscionable. As the Post put it, the continued vacancy has required the Court to “punt, duck, dodge and weave around contentious issues,” creating “dysfunction.” These problems are documented in more detail in the recent report by PFAW Foundation and the Constitutional Accountability Center, “Material Harm to our System of Justice: the Consequences of an Eight-Member Supreme Court.”

As the report explains, the continuing vacancy has already produced several 4-4 splits on the Court, leaving the contested lower court decision in place but setting no national precedent. In one situation, the result was that the Court could not resolve conflicting interpretations of federal law on loan discrimination in different lower courts, causing confusion and different rules for different people around the country. Specifically, as a result of this Supreme Court 4-4 split, people in some states can be required to get their spouse to co-sign a bank loan, while in other states, some right next door, that requirement is illegal.

In addition to several 4-4 splits, the continued vacancy has caused the eight-member Court to effectively punt several important cases for later review by a full Court, again leaving uncertainty and confusion as a result. For example, in the Zubik case concerning whether religious employers can effectively deny to their employees contraceptive coverage required by the ACA because of religious objections, the Court vacated conflicting lower court decisions and suggested that the government and the employers try to find a compromise and then go back to the lower courts, and the Supreme Court, if necessary. The continued litigation by some religious employers makes clear that future resolution by a nine-member Court will be necessary. But in the meantime, uncertainty about these important rights remains. As the report explains, the continued vacancy also appears to have decreased the number of important cases the Court has agreed to review next term starting in October, and makes it difficult for the Court to issue important temporary stay decisions in divisive cases where decisions must be made quickly, as in cases seeking temporary halts of executions or new election rules.

As a result, both Republican and Democratic-appointed judges and justices, including Chief Justice Roberts, Retired Justice John Paul Stevens, and the late Justice Scalia himself, have explained that having a full complement of nine members is important for a fully-functioning Court. Justice Ruth Bader Ginsburg agreed last week, commenting publicly that “eight is not a good number” for the Court.

And as the Post also explained, the Senate Republican leaders that are responsible for this problem “are doing more than ever to discredit themselves,” claiming that their blockade is about the non-existent “principle” that a vacancy that arises in an election year should be filled by the next president, contrary to history and the Constitution, while at the same time claiming that Republicans could find no “worse nominee” than Judge Garland. This is despite the fact that these very same Republican leaders, including Senate Majority Leader Mitch McConnell, have agreed that Judge Garland is “well-qualified.”  As the Post concludes, this admission should “end the discussion”: Judge Garland should receive a hearing and should be confirmed. But if the Senate Republican blockade continues, the eight-member Court will only cause further harm to our system of justice.

PFAW

Do Mitch McConnell and Chuck Grassley Agree With Trump That No Mexican Americans Should Serve On The Supreme Court?

This piece originally appeared in the Huffington Post.

Senate Majority Leader Mitch McConnell made clear this week not only that he wants Donald Trump to be president, but that the main reason he wants Trump to be president is so that he will be the one picking Supreme Court justices.

The Republican leader told radio host Hugh Hewitt that “the Supreme Court is the biggest thing the next president will deal with.” He continued, “I made sure of that by making sure that this president doesn’t get to pick this nominee and get them confirmed on the way out the door. But that alone, that issue alone will define much of what America is like for the next generation.”

According to McConnell, “That issue alone is enough to convince me to support Donald Trump.”

Senate Judiciary Committee Chairman Chuck Grassley also recently expressed his support for Trump selecting a Supreme Court justice to fill the vacancy left by the death of Justice Antonin Scalia. He told the Des Moines Register, “Based upon the type of people he’d be looking for, I think I would expect the right type of people to be nominated by him to the Supreme Court.”

Yesterday, Trump made clear that he applies a racial test when assessing the impartiality of judges, telling The Wall Street Journal that Judge Gonzalo Curiel should not preside over a fraud case involving his Trump University scam real estate seminars case because the federal judge has “an absolute conflict.”

According to Trump, Curiel’s “Mexican heritage” is “an inherent conflict of interest” because “I’m building a wall.” Curiel, whose parents are from Mexico, was born in Indiana.

Trump’s pronouncement raises a serious question for the Republicans who are engaging in an unprecedented effort to stop President Obama’s Supreme Court nominee, Merrick Garland, from so much as getting a Senate hearing, with the apparent goal to keep the seat open for a President Trump to fill.

Trump claims that a judge’s heritage is a conflict of interest because it means that he will be biased against Trump.

During every president’s term, numerous cases involving their policies or interpretations of the law are argued before the Supreme Court. If Trump believes a district court judge’s heritage creates an unfair bias against him, then one can assume that he thinks this same bias would exist in a judge on the highest court.

Approximately 10 percent of our country’s population is of Mexican heritage, and Donald Trump’s racial test would exclude every single one of them from the judiciary. Perhaps this explains why the list of potential Supreme Court nominees that Trump released last month was 100% white.

McConnell, Grassley and other Republicans obstructing President Obama’s Supreme Court nominee as they hope for a Republican victory in November now need to answer whether or not they too would apply Donald Trump’s racial test to the court.

PFAW

Supreme Court’s Recent Non-Decisions Highlight Importance of the Court in June and Beyond

This piece originally appeared in the Huffington Post.

Perhaps the most important thing about the Supreme Court this May was what it didn’t decide. As Justice Ginsburg candidly admitted to a group of lawyers, having only eight justices hamstrings the Court by making it more difficult to decide closely-divided cases. Far from suggesting that the Court’s importance has diminished, however, the Court’s non-decisions in May show just how important the Court continues to be, particularly in this fall’s elections.

With only eight justices, the Court issued two non-decision decisions in May that effectively punted important controversies for a future, fully-staffed Court to decide, but leaving significant confusion and uncertainty in the meantime. In the Zubik case, rather than splitting 4-4, the Court issued a brief unsigned opinion and vacated conflicting rulings in the lower courts on whether the Religious Freedom Restoration Act (RFRA) allows religious nonprofit colleges and other employers to effectively take away Affordable Care Act-required contraceptive coverage from their female employees. The Court directed that the lower courts should give the government and the objecting employers another opportunity to try to resolve the issue, and then decide the cases again if necessary, with Supreme Court review after that if needed. While resolving such controversies voluntarily is a desirable goal, it is clear from the prolonged litigation that at least some religious employers will not agree to any resolution under which its employees will get contraceptive insurance coverage from its insurer. The result is uncertainty for millions of women about their contraceptive coverage, as well as for religious employers about their claims.

The same day that the Court effectively punted in Zubik, it also issued a non-decision decision in the Spokeo case. In that case, the Court was to decide whether Congress may give individuals the right to sue for damages in federal court, so that they have “standing” to sue, when a federal law has been violated even in the absence of other actual injury.  This is an important issue since it affects the ability of Congress and individuals to hold companies accountable when they violate federal law.  In a 6-2 decision, the Court did not resolve the question of whether the individual in Spokeoactually had standing, but instead suggested that the lower court’s analysis was “incomplete,” and sent the case back to that court to reconsider the issue, without taking any position on the key issue presented by the case. This important question will need to be revisited by the Court again, after it again has nine justices.

During May, the Court accepted only three new cases for review starting in October, making a total of eight since Justice Scalia’s death. Legal commentators have suggested that the decisions not to take up more significant cases for  review is another result of an eight-justice court, with the remaining justices concerned about their ability to resolve controversial cases — again creating uncertainty about people’s rights.

Finally, non-decisions in three major pending cases in May, concerning affirmative action, reproductive rights, and immigration, will almost certainly lead to some kind of decisions in these cases in June, as the Court completes its work this term, with significant consequences for millions of Americans. Some decision on the merits is most likely in the Fisher case concerning affirmative action in college admissions, since Justice Kagan’s recusal from the case leaves the Court with seven members. The precise result will likely depend on swing Justice Anthony Kennedy, and may affect millions of minority students across America.

4-4 ties are quite possible in some of the remaining cases, including Whole Women’s Health, which concerns the constitutionality of extreme and unnecessary restrictions on abortion clinics in Texas. Advocates strongly believe the Court should resolve this case in favor of reproductive rights, which would protect the rights of millions, but the Court is clearly divided. Although not setting any national precedent, a simple tie vote in this case would leave the lower court opinions standing, which could effectively deprive all but the richest women in Texas of the ability to choose abortion. The Court will clearly be taking significant action soon.

In the meantime, Senate Republican leaders have refused to budge on their unprecedented blockade of the President’s nomination of Judge Merrick Garland to fill the vacant seat on the court, refusing even to grant him a hearing. It is becoming increasingly clear that they are trying to hold open that vacancy to be filled by, they hope, a President Trump. Trump’s list of potential nominees (also released in May) includes people who have called Roe v. Wade the “worst abomination in the history of constitutional law” and two others who voted to make their appellate court the only one in the country that sided with religious nonprofits’ efforts to deprive female employees of birth control.

To Senate Republican leaders and their right-wing allies, the stakes are clear. They will do everything they can to ensure that the current Court vacancy, and the additional vacancies very likely to arise in the next president’s term, are filled by far-right justices who will vote to overturn Roe v. Wade, limit contraceptive coverage, and set the clock back on civil rights and liberties for America. That is why continuing efforts to push Senate Republican leaders to take action on President Obama’s nomination is so important, and why the Supreme Court is such a critical issue in this fall’s elections.

PFAW

Democracy Awakens in Historic Mobilization Weekend

This past weekend something truly historic was set in motion. The 2016 Democracy Awakening was a first-of-its-kind event, uniting multiple movements working to promote voting rights and  money in politics reform as well as advocating for fair consideration of the president’s nominee to the Supreme Court. Environmentalists, social justice advocates, organized labor, and communities of faith all came together to demand a government that works for everyone, not just those with the biggest bank accounts who can buy access and influence at the expense of everyone else.

democracy awakening

The Democracy Awakening began on Saturday, April 16, with a day of workshops, trainings and film screenings and concluded on Monday April 18th with a Congress of Conscience where hundreds of people were arrested on the steps of the capitol as a massive crowd rallied alongside in solidarity. The Democracy Awakening peaked on Sunday afternoon, with a rally with thousands in attendance on the National Mall followed by a march in front of the Capitol and Supreme Court. Chants of “Money Out, People In” and “Do Your Job”  could be heard reverberating off federal buildings as marchers took over the streets.

democracy awakening

More than 300 organizations came together to participate in the Democracy Awakening and promote it to their members, demanding that Congress pass four particular bills, two that promote voting rights and two that promote money in politics reform. Additionally the Democracy Awakening demands that the Senate give fair consideration to the President’s Supreme Court nominee, which means hearings and an up-and-down vote.  Many of the organizations that collaborated on this event had previously never worked together, and there is a collective sense that things are just getting started, and that we won’t stop until we have a government that is of, by and for the people.

PFAW

A Sleazy or Principled Approach to Judicial Confirmations?

Several days ago, USA Today reported on some comments made by Senator Patrick Leahy about the Senate GOP’s refusal to consider Merrick Garland’s nomination to the Supreme Court.  Judiciary Committee chairman Chuck Grassley has fallen in line behind the order of his boss, Mitch McConnell, and the demands of far-right extremist groups like the Judicial Crisis Network, who make wildly untrue claims about Judge Garland’s record.  GOP senators’ decision to hide behind those outside attacks and refuse to give Judge Garland a chance to defend himself is “sleazy,” Leahy said.  He also urged Grassley to show some independence from partisan interests, as Leahy did when he chaired the Judiciary Committee in parts of George W. Bush’s presidency.

Conservative Ed Whelan challenged Leahy’s positive characterization of his chairmanship on the National Review website in a piece he called “Patrick Leahy (D-Sleaze).”  Whelan criticized then-Chairman Leahy for not holding hearings on a number of Bush’s nominees.  One might think the committee was letting vacancies pile up around the country: that Leahy was fiddling while the American court system burned.  In fact, at this point in Bush’s last two years, the Democratic-controlled Senate had already confirmed 45 circuit and district court nominees, while the current Senate has confirmed a mere 17.  During the entire two years of the 110th Congress, the Senate confirmed 68 judges, a number that Chuck Grassley and Mitch McConnell show no interest in even trying to match.

In fact, it is Grassley and McConnell who are fiddling.  When the current Congress began, there were 40 circuit and district court vacancies, a number that has increased to 74 due to GOP inaction.  (If you include the Court of International Trade, the increase is from 43 to 78.)  In the same period, judicial emergencies have nearly tripled, jumping from 12 to 34 on April 14 (a change in how the Administrative Office of U.S. Courts weights cases went into effect the next day, affecting the number of emergencies and thereby complicating comparisons after that date).  In contrast, vacancies and emergencies went down in 2007-2008 because Democrats processed judicial nominations in a responsible manner.  Leahy also chaired the committee for 17 months in 2001-2002, during which the Democratic-controlled Senate confirmed 100 of Bush’s judicial nominees.  Circuit and district court vacancies went down during that period from 109 to 60.  When it comes to taking seriously their constitutional responsibility to make sure our federal judiciary is sufficiently staffed, the difference between the two parties could hardly be starker.

The contrast is not limited to the confirmation of judicial nominees.  In Bush’s last two years, Sen. Leahy held 22 nominations hearings, including one as late as September 23, 2008 … just a few weeks before the presidential election to replace the term-limited George Bush.  Chairman Grassley has scheduled a confirmation hearing for April 20, the first since January, only the 13th of the current Congress, and he has suggested that he may shut the process down in July.

With 33 circuit and district court nominees in committee, and only five of them having had a hearing (but not until April 20), talk of such an early shutdown is obscene.  Seven of the nominees who have yet to be granted a hearing are circuit court nominees, most of them nominated more than two months ago.  Three of the circuit court nominees already have their “blue slips” from their home state senators.  The fact that this is an election year should not prevent a hearing for these circuit court nominees:  When President Bush nominated Steven Agee to the Fourth Circuit in March of 2008, Sen. Leahy scheduled a hearing seven weeks later, and a committee vote just two weeks after that.

And certainly no one could believably question Leahy’s fairness.  When President Obama took office, Chairman Leahy maintained the same rules and practices he had used with Bush’s nominees.  For instance, as under Bush, he opted to require the “blue slip” approval of both home-state senators before holding a hearing on a nominee, something not in the committee rules but rather a prerogative of the chair.  This led to a number of highly qualified Obama nominees being denied a chance to publicly respond to the often unfair and inaccurate attacks being made against them by GOP senators.  Other times, the Republican senators gave no public reason for their opposition, yet still used Leahy's blue slip  practices  to deny hearings to targeted nominees.  He even allowed Kansas’s GOP senators to change their mind after a hearing and, at their request, did not allow a scheduled committee vote on Tenth Circuit nominee Steve Six to take place.  The committee records are filled with Leahy’s sharp criticism of how qualified nominees were being denied hearings this way, including ones strongly supported by their one Democratic home state senator, including then-Majority Leader Harry Reid.  Nevertheless, he did not change his blue slip practice as he could have done unilaterally.

Whelan also criticizes Senator Leahy as “sleazy” for not getting controversial Fifth Circuit nominee Leslie Southwick confirmed quickly enough and then for opposing his nomination altogether.  As chairman, Sen. Leahy could have simply chosen not to give him a hearing.  In fact, at the confirmation hearing, Sen. Hatch specifically thanked Chairman Leahy for scheduling it over the criticism from “far left groups.”  Giving a nominee an opportunity to address senators’ concerns and defend their record in a public forum is not “sleazy.”

As Sen. Leahy pointed out last week, what’s “sleazy” is the way that the Republican-controlled Senate is mistreating the president’s Supreme Court nominee.  And while well-financed far-right groups are working overtime to keep GOP senators in line, two thirds of Americans are rejecting that position and support a hearing for Chief Judge Garland.  Chairman Grassley would do well to listen to the American people.

PFAW

On Senate Floor, Sen. Reid Slams GOP Senators for Backtracking on Supreme Court Vacancy

In recent weeks, two Republican senators who had previously expressed their support for the Senate giving fair consideration to the president’s Supreme Court nominee, Judge Merrick Garland, have now both backtracked from their initial positions.

In February, Sen. Lisa Murkowski (Alaska) was the first Republican senator to support hearings for the president’s nominee, but did an about-face just days later. Similarly, after Sen. Jerry Moran (Kansas) said in late March “I have my job to do” and that “the process ought to go forward,” he faced a hostile response from extremist right wing groups and obediently reversed his position. The Topeka Capital-Journal reported that after Moran’s initial comments,

The Judicial Crisis Network announced it was putting the finishing touches on an advertising campaign bashing Moran, and the Tea Party Patriots Citizens Fund said it was considering backing a primary challenger.

On the Senate floor today, Minority Leader Harry Reid slammed the GOP senators for reversing course.

“Senator Moran’s backtracking is especially alarming because it appears to be the result of a multi-million dollar campaign urging the Senator to reverse his support for a hearing for Judge Garland,” Reid said. “Senator Moran was for meeting with Merrick Garland and holding confirmation hearings until the Judicial Crisis Network and the Tea Party Patriots threatened him. It will surprise no one to learn that the Koch brothers and their dark money help fund both of these radical organizations.”

The conservative, moneyed backlash came all because Sen. Moran “dared to do his job,” Reid said, asking if the GOP had become “a party dictated by menace and intimidation.”

Sen. Reid wrapped up his remarks by noting that he hopes other GOP senators will not follow suit: “Instead of caving to the Republican leader and the Koch brothers, it’s time for Republican senators to take a stand.” The American people, Reid said, want Republican senators to stop “cowering” and simply do their jobs.

Indeed, polling shows that Americans across the political spectrum want GOP senators to give Judge Garland fair consideration. A national Monmouth University poll last month found that nearly seven in ten Americans want the Senate to hold hearings, including 56 percent of Republicans. Perhaps even more revealing: 62 percent of Republicans believe that GOP leadership’s obstructionist stance is “mainly a political ploy.”

PFAW

Supreme Court Obstruction is Continuation of GOP’s Disrespect for First African American President

This piece originally appeared on the Huffington Post.

From the right-wing obsession with President Obama’s birth certificate to a GOP Representative interrupting one of his speeches by yelling “you lie,” our nation’s firstAfrican American president has endured an unprecedented level of disrespect throughout his time in office. The current blockade against considering President Obama’s nominee to the Supreme Court is the latest example of this trend, and it stems from the same racist efforts to paint his presidency as illegitimate.

The Republican anti-Obama crusade began on day one, with GOP leaders meeting on the evening of his inauguration to strategize about how to block the president’s agenda at every turn. That campaign has only grown uglier since then, with many Republicans taking every opportunity to demean President Obama, paint him as a suspicious outsider, and accuse him of overstepping his authority. It is a flawed strategy and a failed campaign that has run its course.

It was disrespectful when Texas Representative Randy Weber, for example, called the president a “socialistic dictator” and asked whether he is “intent on bringing America down.” It was a show of disdain for 2016 GOP presidential candidate Mike Huckabee to tell Pat Robertson that “deep inside of” President Obama “there is a sense in which he doesn’t want America to be [a] superpower.” It was with absolute contempt that Republican frontrunner Donald Trump, who has long questioned President Obama’s birthplace, suggested that his birth certificate might say “he is a Muslim” and floated the idea that maybe the president “doesn’t want to get rid of the problem” of terrorism. It was an absence of professional courtesy when former presidential candidate Rick Santorum failed to correct or disagree with an audience member who called President Obama an “avowed Muslim” with “no legal right to be calling himself president.” While President Obama is not a Muslim, I am certain there is no place in the position description that says a Muslim American, if elected, could not serve in this country’s highest office.

I cannot recall any other president facing this kind of treatment. The current obstruction campaign blocking the president’s Supreme Court nominee may not feature the same brand of name-calling and wild accusations as previous anti-Obama campaigns. However, let’s not be naïve at their attempt to use language that may appear more palatable; the grounding is still in the same racist assumptions that his presidency, elected not only once but twice, is somehow not valid.It causes me to wonder what they truly think of democracy and Americans who exercise their right to vote.

A Senate majority has never refused to consider a president’s nominee to the Supreme Court. It is an unprecedented rebuke of the president’s constitutionally-guaranteed authority to nominate justices. Refusing to meet with, hold hearings on, or give a simple up-or-down vote to Judge Merrick Garland, President Obama’s exceptionally qualified nominee, is an insult to Judge Garland, the president,and the American people. But the truth is that Republican leadership was already bent on categorically rejecting any nominee he put forward no matter how qualified they were. North Carolina Representative G.K. Butterfield, who leads the Congressional Black Caucus, was right when he told the New York Times that “if this was any other president who was not African-American, it would not have been handled this way.”

The Constitution makes clear that it is President Obama’s right, and his duty, to make a nomination, and that it is the Senate’s job to provide advice and consent. That GOP senators are ignoring their constitutional responsibilities and refusing to consider President Obama’s nominee for the Supreme Court isn’t just politics as usual. It’s one of the most outrageous examples yet of the Republican Party treating the president, a man of color, an American of African ancestry, a Black man, like he didn’t really earn that job. Not only did he earn it, but he is doing it quite well – and that is why this obstructionist Senate should follow his lead and stop the obstruction, stop the racially motivated disrespect, and do their job.

PFAW

A Baseless Attack Against Garland on ACA Cases

The new attacks are not based on anything Chief Judge Garland has actually written or addressed on the merits.
PFAW

PFAW Hosts Telebriefing on the President's Supreme Court Nominee

One day after President Obama nominated Judge Merrick Garland to serve on the Supreme Court, PFAW held a telebriefing for members about the extraordinarily qualified nominee and the GOP’s unprecedented obstruction campaign aimed at bringing the process of filling the vacancy to a halt.

PFAW’s Michael Keegan, Marge Baker, Elliot Mincberg, Drew Courtney, and Brian Tashman discussed the Republican blockade, Garland’s record as a judge, and what’s at stake in the confirmation fight for our constitutional rights and liberties.

“This nominee, when confirmed, will shift the balance” of a Supreme Court that has been one of the “most conservative Courts in decades,” Baker said. PFAW released a report last year, “Judgment Day 2016,” reviewing many of the 5-4 decisions that have had an enormous impact on the daily lives of Americans and highlighting how the composition of the Court is a key issue in 2016 and beyond.

Speakers outlined why it’s critical that Senate Republicans do their jobs and give Judge Garland the fair consideration that he deserves. Tashman noted that the Right’s encouragement of the GOP obstruction is nothing more than an “effort to delegitimize the president and play politics with the Court.”

You can listen to the full telebriefing here:

PFAW

GOP's Newest Defense of SCOTUS Obstruction Falls Apart

The GOP's talking points keep changing as they are refuted, and the latest ones are really easy to refute.
PFAW

PFAW Hosts Telebriefing on Women’s Health Cases at the Supreme Court

Two days after the Supreme Court heard oral arguments in a case about laws that use unnecessary regulations to shut down abortion clinics, PFAW held a member telebriefing on the two cases that may be the most significant for women’s reproductive rights in decades. The second case, which is about access to birth control and is being called “Hobby Lobby Part Two,” will be argued at the Supreme Court later this month.

On the call, actress and advocate Kathleen Turner, PFAW’s Marge Baker, Elliot Mincberg, and Drew Courtney, and the Center for Reproductive Rights’ Kelly Baden discussed what’s at stake in these cases – Whole Woman’s Health v. Hellerstedt and Zubik v. Burwell – as well as the future of women’s reproductive rights.

Turner pointed out that these cases underscore the importance of our courts in keeping unconstitutional attacks in check and protecting women’s liberty and bodily autonomy. Baden went on to highlight the ways in which these attacks harm low-income and rural women in particular, who are least able to travel long distances and pay high price tags for abortion care.

You can listen to the full telebriefing here:

PFAW

Who’s Driving The GOP’s Supreme Court Blockade?

Almost immediately after the news broke of Justice Antonin Scalia’s death last month, Republican senators started vowing to block the nomination of whomever President Obama appoints to succeed the conservative jurist. They were egged on in this kneejerk obstructionism by outside conservative groups who quickly circled the wagons in an effort to shut down any Supreme Court confirmation process.

Now, a few key conservative groups are leading the effort to pressure Republican senators to stay in line and to make it politically difficult for vulnerable Democrats to cooperate in a confirmation process. These groups have unified around a message that “the American people should decide” who the next Supreme Court justice is by waiting until the next president can nominate him or her — never mind that Americans did decide who they wanted picking Supreme Court justices when they reelected Obama in 2012.

This “let the people decide” message belies the true goals of the groups pushing it — not some idealistic belief in good governance, but an effort to shape a Supreme Court that favors business interests at the expense of workers and consumers and that helps to turn back the clock on women, LGBT people  and religious minorities.

A new report from People For the American Way looks at four of the conservative groups driving this strategy, outlining their history and their goals for the federal judiciary. It includes:

  • The Judicial Crisis Network was founded during the George W. Bush administration as the Judicial Confirmation Network with the goal of pushing through the nominations and confirmations of far-right judges to the federal bench.
  • The American Center for Law & Justice, founded by televangelist Pat Robertson, often acts as a legal arm for the Religious Right’s attempts to deny liberties to LGBT people, Muslim Americans and others.
  • The Heritage Foundation and Heritage Action have become forces for obstructionism as they pressure Republicans to abandon any attempt at bipartisan cooperation or simple governance.
  • The Family Research Council is working to turn back the clock on social advances for women, LGBT people and religious minorities — something that it hopes a friendly Supreme Court will accelerate.

Read the full report here.

PFAW

PFAW Hosts Telebriefing on Emergency Supreme Court Vacancy Campaign

As President Obama prepares to put forward a nominee to fill the Supreme Court vacancy, GOP senators have taken a stance of unprecedented obstruction – refusing to even consider any nominee, regardless of their qualifications.

Yesterday People For the American Way hosted a member telebriefing calling out the ways in which Senate Republicans are irresponsibly abandoning their constitutional obligations to give fair consideration to Supreme Court nominees. Executive Vice President Marge Baker and Senior Fellow Elliot Mincberg discussed the crisis of constitutional proportions that Senate Republicans are leading us towards, and what activists can do to push senators to stop playing political games and do their jobs.

Listen to the telebriefing here:

PFAW

Will Grassley Quit as Judiciary Chair?

Here's what we'd see if Senate Republicans applied to themselves their professed rationale for refusing to consider any Supreme Court nominee by President Obama.
PFAW

Unlike Senate GOP, Obama Continues to Do His Job on Judges

The White House continues to make judicial nominations that Senate Republicans should responsibly consider and vote on.
PFAW

PFAW Kicks Off Emergency Campaign to Fill the Supreme Court's Vacancy

Senate Republicans took their partisan obstructionism to an unprecedented, wildly irresponsible level this month – they are flat out refusing to even consider any Supreme Court nominee put forth by President Obama. It’s a blatantly political move that the GOP is trying to justify with nonsense explanations, like “we’ve never confirmed a Supreme Court justice in an election year before” (false), and “the American people should have a say in the selection of the next justice” (they did, when they re-elected President Obama in 2012). As much as they might want to pretend otherwise, Republicans are refusing to do their jobs – and threatening to keep a seat on our nation’s highest court empty until 2017!

But we're not about to let them get away with it. That's why we've launched an emergency campaign to counter the GOP's blockade and fill the Supreme Court's vacancy. PFAW is uniquely qualified to lead this fight. Since the 1980s we've been the national leader in fighting the Right's efforts to pack the courts with extreme right-wing ideologues. And that's exactly what they're trying to do now, by keeping a vacancy on the Court for an entire year and playing politics with our federal judiciary. Republicans are shirking their constitutional responsibility to give fair consideration to a Supreme Court nominee and they must be held accountable. We have a long, tough road ahead of us, but we're not backing down, and we're so grateful to have PFAW members like you on board with us for this historic fight.

SCOTUS rally

Just hours after the death of Justice Antonin Scalia, Republicans made their intentions known: no fair consideration of any nominee put forward by President Obama. So we leapt into action that weekend, mobilizing supporters and activists for an impromptu rally outside of the Supreme Court that has already become the image of the movement, appearing in the New York Times, the Washington Post, the Economist, the Atlantic, and more. We also held a campaign kickoff telebriefing this month for PFAW members across the country, to discuss our strategy for pushing the GOP to back off their unprecedented obstructionism

We're also fighting back by turning up the pressure on Senate Republicans. We teamed up with partner organizations to deliver over 500,000 petition signatures calling for fair consideration of a nominee to Senator Majority Leader Mitch McConnell's Kentucky office. And this week we delivered one million signatures to the U.S. Senate! Americans want to see this Supreme Court vacancy filled, and we're making sure Republicans know that by refusing to consider a nominee, they're going against their constituents.

GOP senators’ refusal to even consider any Supreme Court nominee isn’t just a violation of their constitutional responsibility – it’s also not what their constituents want! Recent polls have shown that a majority of Americans support filling the Supreme Court vacancy, and for some Republican senators, the blockade is already hurting them with voters. We’re working to identify those Senators, and hit them where it hurts: with their constituents. In a robocall we released in Wisconsin this month, activists heard from Martin Sheen about Sen. Ron Johnson’s obstruction of President Obama’s nominee. Sheen asked Wisconsinites to call Sen. Johnson and tell him to put his constitutional duties first, and give fair consideration to whoever President Obama nominates. The robocalls received immediate media attention – exactly what Sen. Johnson doesn’t want. We’re strategizing similar actions for other states where Republican senators are facing tough re-election battles.

PFAW