Supreme Court

Hatch: Defense of Thurgood Marshall is “Offensive”

Watching the Senate debate on Elena Kagan’s nomination yesterday afternoon, I wasn’t sure I heard correctly when Sen. Orrin Hatch called the backlash against the GOP’s anti-Thurgood Marshall campaign “offensive.” I heard correctly. Here’s the transcript:

While Ms. Kagan has not herself been a judge, she has singled out for particular praise judges who share this activist judicial philosophy. In a tribute she wrote for her mentor, Justice Thurgood Marshall, for example, she described his belief that the Supreme Court today has a mission to “safeguard the interests of people who had no other champion.” Ms. Kagan did more than simply describe Justice Marshall’s judicial philosophy but wrote: “And however much some recent Justices have sniped at that vision, it remains a thing of glory.”

Justice Marshall was a pioneering leader in the civil rights movement. He blazed trails, he empowered generations, he led crusades. But he was also an activist Supreme Court Justice. He proudly took the activist side in the judicial philosophy debate. Some on the other side have suggested that honestly identifying Justice Marshall’s judicial philosophy for what it is somehow disparages Justice Marshall himself. I assume that this ridiculous and offensive notion is their way of changing the subject because they cannot defend an activist, politicized role for judges.

Among the members of the GOP who continue to cling to this line of attack, variations of the “I’m not disparaging Justice Marshall, I just don’t like his judicial philosophy” argument are a mainstay. The problem is, Justice Marshall’s work as a Supreme Court Justice—or his “judicial philosophy”—is a key part of his legacy. He’s a hero for his years of work rooting out segregation as a lawyer for the NAACP; he’s also a hero for his adherence, as a Supreme Court justice, to the Constitution’s promise of “protecting individual freedoms and human rights.”

When Hatch attacks Marshall’s work as a justice, he attacks his entire legacy. I won’t call that “offensive”—but I can’t say it’s wise, either.
 

PFAW

A true non-partisan

During her confirmation hearing, Elena Kagan promised not to go into any case rooting for one “team” or the other.

But as Senator Dorgan pointed out today, it sometimes seems that the current court is inappropriately divided into “teams” – and the team that is on the side of the nation’s most powerful interests and against everyday Americans is winning.

During his confirmation, Justice Roberts swore that he would be an “impartial umpire” as Chief Justice of the U.S. Supreme Court – but instead, he’s presided over the most ideologically conservative court in decades, one that bends the law to favor the powerful. We need a truly impartial, qualified Justice on the Supreme Court to make sure that the branch of our federal government that is supposed to be apolitical doesn’t continue to turn a blind eye to corporate lawbreaking. That is just the kind of nominee Elena Kagan is.

PFAW

A Justice Who Listens to Ordinary Americans

Senator Mikulski, herself a groundbreaking pioneer for women’s place in politics, re-affirmed Elena Kagan’s qualifications today. The current Court, noted Senator Mikulski, is increasingly out of touch with the majority of the American people. Elena Kagan, meanwhile, has spent her career demonstrating a concern for fairness and equality and the impact of the law on real people.

When the majority of our Supreme Court Justices are so frequently on the side of big corporations regardless of what the law says, we need someone like Kagan who will actually listen to “the little guy or gal.”

PFAW

Cornyn Twists Kagan Remark, Comes Out Against “Judgment”

Sen. John Cornyn, in his boilerplate remarks about the “judicial activism” conservatives like to associate with Elena Kagan, attempted to throw the Solicitor General’s own words back at her. Kagan, Cornyn insisted, would not rely on the “Constitution ratified by the American people and the laws passed by Congress,” but rather that she would solve tensions “between her Constitutional values” using “her prudence and judgment.” (He demonstrated his contempt for “prudence” and “judgment” by spitting the words out in disgust).

This is what Kagan actually said, in a written response to questions from Cornyn:

Question: In Confirmation Messes, Old and New, 62 U. Chi. L. Rev. 919, 932 (1995), you wrote that “many of the votes a Supreme Court Justice casts have little to do with technical legal ability and much to do with conceptions of value.”

a. Please explain in greater detail what you meant in this statement.

Response: I was referring to constitutional values, by which I mean the fundamental principles articulated and embodied in our Constitution. In some cases, constitutional values point in different directions, and judges must exercise prudence and judgment in resolving the tension between them. In doing so, judges must always look to legal sources—the text, structure, and history of the Constitution, as well as the Supreme Court’s precedents—not to their own personal values, political beliefs, or policy views.

Kagan wasn’t talking about tension in her own values—she was talking about the tension inherent in the values of the Constitution. For more on that point, Cornyn might want to read former Justice David Souter’s excellent explanation of this principle, or even just sit down and read a few recent Supreme Court cases, which typically get to the Court precisely because they embody hard-to-resolve tensions between constitutional values.

He might also want to re-watch Kagan’s debunking of the John Roberts doctrine of the judge-as-umpire, in which she patiently explains that “judging requires judgment':

PFAW

Senator Cornyn Still Thinks “Judicial Activism” is a Liberal Phenomenon

Senator Cornyn’s sound bite today: “A judge who presumes to be a lawmaker becomes a lawbreaker.” That is, a Justice who decides based on a desired policy outcome rather than a correct interpretation of the Constitution is a “judicial activist” and has no right to serve on the Supreme Court.

It’s always amazing to hear an ultra conservative like Senator Cornyn complain about judges legislating from the bench. Does he think that the conservative block of the Roberts Court, which overturned a century of settled law in the Citizens United case to achieve their desired pro-corporate policy result, is made up of lawbreakers?

Senator Cornyn also emphasized that, if we disagree with a law or a Supreme Court decision, we have the right to work towards a constitutional amendment. We couldn’t agree with him more. That’s why we’re fighting for a constitutional amendment to correct Citizens United and once again limit corporate money in our elections.

PFAW

Kyl's Hypocrisy on the Kagan Nomination

Senator Jon Kyl just finished speaking against Elena Kagan's confirmation to the Supreme Court, but he seemed a bit confused. According to Kyl, he will vote against her because she believes that the role of the court is to solve society's problems. Kyl said that's the role of the legislature, not the courts.

Yet when our elected representatives HAVE acted to solve society's problems - to protect our elections from being bought by corporations, to protect people from defective medical devices, to protect workers from unfair discrimination by powerful corporations, to protect our environment from polluting corporations - the Roberts Court has gone out of its way to dismantle these protections.

How does Senator Kyl square his support for the arch-conservatives on the Court with his claim that the elected branches should be allowed to solve society's problems?

PFAW

Cardin Supports Kagan - and the American People

In support of Elena Kagan's nomination, Sen. Ben Cardin just did an excellent job of listing a few of the examples of how the Roberts Court has gone out of its way to rule against ordinary Americans and in favor of the powerful corporations who victimize them. In addition to the Citizens United and the Ledbetter cases, he mentioned the Gross case, where a 5-4 majority overruled precedent to limit the ability of victims of age discrimination to have their day in court.

Through their elected representatives in Congress, the American people have frequently acted to protect people from abuses of power - abuses that get people fired from their jobs, that poison the air we breathe and water we drink, and that take our elections away from us. Yet the Roberts Court is dedicated to twisting the law in order to strike down these efforts. Corporations win, people lose.

Take a look at our Foundation's Corporate Court report to read what Sen. Cardin is talking about.

Elena Kagan recognizes the role of the Court is protecting Americans from the abuse of power.

PFAW

Trading Judges

As the Senate prepares to vote this week on the Supreme Court confirmation of Elena Kagan, there is also reportedly a deal in the works to finally confirm dozens of the executive branch and judicial nominees who have been waiting—many of them for months—for votes on the Senate floor.

CQ reports:

After seeing only two nominees confirmed during July, Majority Leader Harry Reid, D-Nev., and Minority Leader Mitch McConnell, R-Ky., are discussing terms for advancing at least some of the 84 nominations awaiting floor votes, aides said Monday. “We have a number of nominations that we’re looking at,” said Reid.

But some of the more controversial nominees are unlikely to be confirmed before the Senate returns in mid-September, if then. That may tempt Obama to use recess appointments to fill those vacancies at least temporarily — unless the White House agrees to pass up the opportunity to make recess appointments in exchange for Senate action on some nominees this week.

It’s about time that the Senate gets around to clearing the nominations backlog. But voting on nominees that were reported months ago without any opposition is no great concession by the Republican minority. It’s time to end the charade and the gamesmanship.

Take for example North Carolina judge Albert Wynn, whose nomination to fill a long-vacant seat on the Fourt Circuit Court of Appeals was approved by the Judiciary Committee in an 18-1 vote six months ago, and has been held up by GOP leadership ever since. David Savage at the Los Angeles Times describes the holdup of Wynn’s nomination as part of a political battle similar to “an old family feud”:

The GOP leader had no objection to Wynn. Instead, he said, he was getting back at Democrats who had blocked President George W. Bush's nominees to the same court. "My perspective on the 4th Circuit covers a little longer period of time," McConnell said.

The Senate's dispute over judicial nominees resembles a family feud that stretches over several generations. Judges are being opposed not because of their records, but because of what happened several years earlier to other nominees. Use of the filibuster rule, which the GOP had insisted was unconstitutional several years ago, has become a routine stalling tactic.

If confirmed, Wynn would fill a North Carolina seat on the 4th Circuit that has been vacant since 1994.

Let’s have a vote on James Wynn. Or let’s have a vote on Jane Stranch of Tennessee, nominated to fill a seat on the Sixth Circuit, who has the support of both of her home state Republican Senators. And let’s have a vote on Goodwin Liu, nominated for a seat on the Ninth Circuit, who has endorsements from across the ideological spectrum, including Clint Bolick and Ken Starr.


The debate over judicial nominations has become not about qualifications or the law, or about the urgent needs of the justice system, but about political game-playing. It’s great that the GOP has finally agreed to confirm some nominees who they never objected to in the first place. Maybe now they can move on to having a substantive debate on those, like Wynn, Stranch, and Liu, against whom they continue to use every passive-aggressive rule of Senate procedure.
 

PFAW

Sessions Mistakes Kagan for Roberts

GOP Senator Jeff Sessions has taken to the Senate floor to oppose the nomination of Elena Kagan to the Supreme Court. He's accused Kagan of believing that judges can simply ignore the Constitution and replace it with her personal vision of what the law should be.

I think he's confusing Kagan for the five justices who decided in Citizens United that it was gigantic corporations who the founders had in mind when adopting the First Amendment. That's a vision of society totally at odds with what the founders had in mind, to say nothing of what the American people want. It's a vision shared only by extremist pro-business conservative ideologues.

PFAW

Leahy Calls the Robert Court on its Pro-Business Excess

Sen. Leahy just opened up the Senate debate on Elena Kagan's nomination to the Supreme Court with words that we all should pay attention to: "Law matters in people's lives." He referred to the Supreme Court’s attack against victims of discrimination in the Ledbetter case. Of course, he also mentioned Citizens United. Thanks to the activists on the Roberts Court, a corporation like BP can now spend hundreds of millions of dollars to defeat candidates who want to improve regulations on offshore drilling. The Roberts Court is anything but the modest and restrained Court that then-Judge Roberts discussed at his own confirmation hearings.

These cases are just the tip of the iceberg. The Roberts Court has been bending the law regularly to favor powerful corporations. At last, they are being called on it.

PFAW

Republicans Waiting It Out On Judicial Nominations

In the wake of Citizens United and other rulings that put corporate bank accounts ahead of individual rights, it has become increasingly clear where the priorities of the Supreme Court’s conservative majority lie. Republicans in Congress, unlike most Americans, like what they’re seeing—and are doing everything in their power to make sure the Roberts Court’s philosophy is reflected in lower courts throughout the country.

Apparently not satisfied with the current conservative bent of the nation’s entire judicial system (nearly 40% of federal judges nationwide were appointed by George W. Bush), Republican Senators are trying to stall district and circuit court judicial nominations until they are in a position to appoint federal judges once again, packing the court even more firmly for corporate interests.

A recent study by the Center for American Progress found that the current Republican obstruction of judicial nominations is truly unprecedented. The graph below pretty much says it all:

The current Republican obstructionism is unprecedented. Even George H.W. Bush, whose party never controlled the Senate during his term, enjoyed a confirmation rate nearly double that of President Obama and the current solidly Democratic Senate.

Yesterday, several senators put a much-needed spotlight on the GOP’s obstruction of judicial nominations. Senator Sheldon Whitehouse of Rhode Island spoke about the special interests that are preventing public interest lawyer John McConnell, an extremely qualified nominee who enjoys bipartisan support, from serving his home state:

Why is it that nominees of President Obama are being held to a different, new standard than applied to the nominees of President Bush? Why have we departed from the longstanding tradition of respect to the views of home State Senators who know the nominees best and who best understand their home districts? … I ask this because we have a highly qualified nominee in Rhode Island, Jack McConnell, who was reported by the Judiciary Committee on June 17. It was a bipartisan vote, 13 to 6, with the support of Senator Lindsey Graham. Jack McConnell is a pillar of the legal community in Rhode Island…The Providence Chamber of Commerce has praised Jack McConnell as a well-respected member of the local community. Political figures from across our political spectrum have called for his confirmation, one of them being my predecessor as Rhode Island attorney general, Republican Jeffrey Pine.

…Notwithstanding the support of Senator Reed and myself, the two Senators from Rhode Island, notwithstanding that this is a district court nomination, notwithstanding the powerful support across Rhode Island from those who know Jack McConnell best, special interests from outside the State have interfered in his nomination. The U.S. Chamber of Commerce, not the Rhode Island chapter, the U.S. Chamber of Commerce has attacked Jack for having the temerity to stand up to big business, to the asbestos to representing the rights of the powerless. In doing so, the U.S. Chamber has created a cartoon image of Jack McConnell that bears no relation to the man Senator Reed and I know as a great lawyer, as a great Rhode Islander, and somebody who will be a great judge.

I ask my colleagues…do we want to let powerful out-of-State interests trump the better informed views of home State Senators about district court nominees?

This is not just a political question-- the GOP is so concerned about keeping the courts corporate-friendly in the long-term that they’re ignoring the very urgent short-term needs of the federal court system. While judicial positions around the country remain vacant, many Americans are forced to wait for inexcusably long periods to have their day in court as current judges struggle with an impossible workload. The Judicial Conference has declared 42 of the 99 current judicial vacancies “judicial emergencies.” Carolyn Lamm, President of the non-partisan American Bar Association, calls the current dearth of federal judges “urgent.” But the GOP clearly cares more about protecting their allies in the corporate world than allowing the lower court system to function.

PFAW

GOP’s Citizens United Hypocrisy

As we witness the growing influx of corporate spending in elections from Kentucky to Minnesota as a result of the Citizens United ruling, campaigns across the country are bracing for a barrage of corporate expenditures. Senate Republicans claim that by refusing to allow the DISCLOSE Act to come up for a vote, they are defending free speech rights established by the Court. But Norman Ornstein of the American Enterprise Institute criticizes the Republicans’ dangerously selective view of the Citizens United decision. While the 5-4 decision grants for-profit corporations the same free speech rights as individuals, the Court also ruled 8-1 to affirm the government’s right to enact rigorous campaign disclosure laws:

Senate Minority Leader Mitch McConnell, who holds the undisputed twin titles of No. 1 campaign finance anti-reformer and No. 1 hypocrite, once said he didn't understand why a little disclosure is better than a lot of disclosure. Now the Kentucky Republican is leading his party and outside activists in spurning the clear, 8-1 mandate of the Roberts Supreme Court in the Citizens United decision to encourage robust disclosure, as they call the disclosure they once championed a horrendous burden and even an unconstitutional blockage of free speech.

Even though Senate Republicans defend Citizens United, going so far as to compare it to Brown v. Board of Education, they appear to dismiss the Supreme Court’s approval of disclosure requirements to prevent secretive and misleading campaign practices by corporations. Like candidates running for office, CEOs of corporations should appear in their advertisements and go on record with their political expenditures, and publicly report money used for political purposes. As constitutional law expert Lawrence Tribe writes:

[F]ederal legislation should, at a minimum, build on the disclosure and disclaimer requirements that the Court upheld by an 8-1 vote in Citizens United, requirements specifying that electioneering communications funded by anyone other than the candidate must disclose who is “responsible for the content of this advertising” and must display on screen “in a clearly readable manner” for at least four seconds the name and address or website of whoever funded the communication.


 

 

PFAW

The Consequences of Citizens United

Ever since the Supreme Court issued its ruling in the Citizens United case in January, we’ve been warning that the decision would empower corporations to funnel unlimited donations through shadow advocacy groups to directly influence elections.

And guess what? It’s begun.

Just as we (and President Obama) predicted, corporations are already forming and funding political action groups with innocuous sounding names to anonymously support candidates they like and attack candidates they don’t.

For example, the coal industry already has a plan to create a shadow organization to directly advocate against “anti-coal” candidates, obscuring the sources of the organization’s money as they go:

The companies hope to create a politically active nonprofit under Section 527 of the Internal Revenue Code, so they won't have to publicly disclose their activities — such as advertising — until they file a tax return next year, long after the Nov. 2 election.

The U.S. Supreme Court ruled last winter that corporations and labor unions may pour unlimited funds into such efforts to influence elections.

"With the recent Supreme Court ruling, we are in a position to be able to take corporate positions that were not previously available in allowing our voices to be heard," wrote Roger Nicholson, senior vice president and general counsel at International Coal Group of Scott Depot, W.Va., in an undated letter he sent to other coal companies.

Citizens United didn’t just, as some supporters have claimed, allow corporate voices to be heard; it granted corporations unprecedented influence in democratic elections while permitting them to hide their involvement. It’s shadow organizations like this that make one wonder: why are Senate Republicans filibustering the DISCLOSE Act, which would help make corporate involvement in elections more transparent?

Meanwhile, the Minnesota gubernatorial race is providing another textbook example of the problems Citizens United is already causing for our democracy. Taking advantage of their new ability to pour limitless money into elections, several big corporations, including the retail giant Target, donated $100,000 each to a shadow group called Minnesota Forward, which has already produced an ad for Republican gubernatorial candidate Tom Emmer.

Public reaction to Target’s involvement in the race shows just why many politically involved corporations would prefer to remain anonymous:

Emmer is well known as a hardline conservative on social issues. For instance; he opposes gay marriage — a stance that angers some of Target's employees and customers. The company has been known for its gay-friendly employment policies.

Target CEO Gregg Steinhafel tried to address such concerns today with a letter to employees. He wrote, that "inclusiveness remains a core value of our company." That said, he added, "I consider it my responsibility to create conditions in which Target can thrive." And Minnesota Forward has pegged Emmer as the pro-growth candidate.

If the Senate had passed the DISCLOSE Act yesterday, Minnesota Forward would have to be a lot more forthcoming about the sources of its funding. As long as DISCLOSE is filibustered, the group has a lot more leeway for behind-the-scenes political activity. (And, until Congress passes a Shareholder Protection Act, even Target’s shareholders won’t be able to have a say in which political candidates their money is going to support). Voters and consumers have the right to know whether a corporation’s political money is where its mouth is.

Health insurance companies, too, are banding together to take advantage of the newly permissive electioneering rules:

Five of the nation’s largest health insurers are in serious discussions about creating a new nonprofit group and bankrolling it to the tune of about $20 million to influence tight congressional races and boost the image of their industry.

… “The objective is to make the House more accommodating to concerns that have been raised,” says one industry source. “They’re looking at toss-up candidates,” adding that the companies want to “focus resources to influence campaigns.”

Needless to say, like the coal companies, health insurance groups will not have to make their donations to such an advocacy organization public.

A stunning 85% of Americans agree that corporations already have too much influence on our elections; now we have proof that the Citizens United ruling is giving corporations even more power in our democracy. The proliferation of shadow groups doing the dirty work of big corporations makes the task of amending the Constitution to protect our elections from corporate money all the more urgent.

PFAW

Senate GOP Blocks Election Transparency, Baucus Responds with Constitutional Amendment

Republicans succeeded today in blocking Senate consideration of the DISCLOSE Act, a modest first attempt to start reigning in the money-in-politics free-for-all the Supreme Court set loose in January’s Citizens United decision.

The successful filibuster of DISCLOSE is frustrating, but it makes one thing very clear: the only way for voters to fully take back our democracy is to pass a Constitutional Amendment undoing the damage of Citizens United.

After the Senate’s vote on DISCLOSE, Sen. Max Baucus introduced a resolution calling for just such an amendment:

Baucus said:

The impact of Citizens United goes well beyond merely changing campaign finance law. This decision will impact the ability of Congress, as well as State and local legislatures, to pass laws designed to protect its constituents—individual Americans—when such legislation comes under fierce objection by large corporations. Corporations are now free to spend millions targeting individual lawmakers. Lawmakers’ ability to pass laws such as consumer safety or investor protection now faces even greater challenges when such laws merely threaten the corporate bottom line.

Congress and the American people must respond swiftly and firmly. The Supreme Court’s ruling in Citizens United has severely altered Congress’s ability to limit corporate spending in our electoral process.

The amendment simply returns the power of regulating election spending to Congress and the states. Here it is in its entirety:

Section 1. Congress shall have the power to regulate the contribution of funds by corporations and labor organizations to a candidate for election to, or for nomination for election to, a Federal office, and the power to regulate the expenditure of funds by corporations and labor organizations made in support of, or opposition to, such candidates.

Section 2. A State shall have the power to regulate the contribution of funds by corporations and labor organizations to a candidate for election to, or for nomination for election to, public office in the State, and the power to regulate the expenditure of funds by corporations and labor organizations made in support of, or opposition to, such candidates.

Section 3. Nothing contained in this Amendment shall be construed to allow Congress or a State to make any law abridging the freedom of the press.”

We’ve asked all federal elected officials and candidates to sign on to a pledge to support a Constitutional Amendment to reverse Citizens United. Find out more at www.pledgefordemocracy.org.
 

PFAW

The Supreme Court's Conservative Ideology

Some conservatives are still trying to argue that the Supreme Court is in danger of being overrun by “liberal activists.” But an article in Sunday’s New York Times, entitled “Court Under Roberts Is Most Conservative In Decades,” presented data from political scientists that pretty conclusively showed a conservative, not a liberal, ideology entrenched in the highest court.

One piece of data really stood out to me:

Four of the six most conservative justices of the 44 who have sat on the court since 1937 are serving now: Chief Justice Roberts and Justices Alito, Antonin Scalia and, most conservative of all, Clarence Thomas. (The other two were Chief Justices Burger and Rehnquist.) Justice Anthony M. Kennedy, the swing justice on the current court, is in the top 10.

That’s right: the current “swing” justice is considered one of the ten most conservative judges of the past 70 years. Centrist justices are in some ways even more important than the Court’s ideologues or even chief justices. As the Times article notes, the court’s most extreme shift to the right occurred when Justice O’Connor was replaced with the much more conservative Justice Alito:

By the end of her almost quarter-century on the court, Justice O’Connor was without question the justice who controlled the result in ideologically divided cases. “

On virtually all conceptual and empirical definitions, O’Connor is the court’s center — the median, the key, the critical and the swing justice,” Andrew D. Martin and two colleagues wrote in a study published in 2005 in The North Carolina Law Review shortly before Justice O’Connor’s retirement.

With Justice Alito joining the court’s more conservative wing, Justice Kennedy has now unambiguously taken on the role of the justice at the center of the court, and the ideological daylight between him and Justice O’Connor is a measure of the Roberts court’s shift to the right.

The statistics back up a right wing trend on the Supreme Court that has been hard to ignore. Since Alito joined the Court, it has made startling decision after startling decision, including overturning democratically enacted restrictions on corporate spending in Citizens United v FEC, and defending discrimination against women in the workplace in Ledbetter v Goodyear.

Just one justice can make the difference between democratically enacted campaign finance laws and unlimited corporate spending in elections; between employment discrimination laws that work for employees and those that work for employers; between our democracy holding corporations accountable and corporations owning our democracy.

All of which is why, when we talk about presidents and senators, we have to talk about the Court.

PFAW

President Urges Senators to Pass DISCLOSE Act

President Obama this afternoon urged the Senate to pass the DISCLOSE Act, which it begins debate on today. The president said the transparency bill was a necessary response to the Supreme Court's decision in Citizens United v. FEC:

Because of the Supreme Court’s decision earlier this year in the Citizens United case, big corporations –- even foreign-controlled ones –- are now allowed to spend unlimited amounts of money on American elections. They can buy millions of dollars worth of TV ads –- and worst of all, they don’t even have to reveal who’s actually paying for the ads. Instead, a group can hide behind a name like “Citizens for a Better Future,” even if a more accurate name would be “Companies for Weaker Oversight.” These shadow groups are already forming and building war chests of tens of millions of dollars to influence the fall elections.

He also had harsh words for the Senate Republican leadership, who have been working against the passage of DISCLOSE:

At a time of such challenge for America, we can't afford these political games. Millions of Americans are struggling to get by, and their voices shouldn’t be drowned out by millions of dollars in secret special interest adverting. The American people's voices should be heard. A vote to oppose these reforms is nothing less than a vote to allow a corporate and special interest takeover of our elections.

The DISCLOSE Act would requiring prompt and full disclosure of corporate campaign expenditures and prevent campaign spending by government contractors, TARP fund recipients, and foreign-controlled corporate subsidiaries.

Earlier today, PFAW executive vice president Marge Baker called DISCLOSE “a necessary and urgent step” towards dampening the effects of the Supreme Court’s decision in Citizens United v. FEC, which allowed corporations to spend unlimited amounts of money to influence elections.

You can watch the president's remarks here:
 

PFAW

Netroots Nation Takes on Citizens United

When we commissioned a poll to gauge what Americans thought about the Supreme Court’s decision in Citizens United v. FEC, we expected to find strong opposition to the idea of unlimited corporate influence in elections. But even we were stunned by how strong that opposition was. 85% of those surveyed disagreed with the Supreme Court’s decision to give corporations unlimited power to spend in elections, and 74% supported a Constitutional Amendment to reverse it.

Today, in a packed Netroots Nation panel organized by People For, activists and elected officials gave their loud and clear endorsement of a Constitutional Amendment to undo Citizens United and return elections to voters.

The audience responded with a standing ovation when panelist Rep. Donna Edwards declared her support for an amendment saying, “Let’s not let anything undo our power over our elections.”

Edwards spoke about the pressure members of Congress face from the health care and energy lobbies, and other powerful interests. “We cannot afford in this country to have elected officials afraid to stand up to that,” she said.

Corporate interests, Edwards said, “are not just trying to influence the process, they want to own the process.”

In Congress, Rep. Alan Grayson added, a corporate lobbyist “can walk into your and office, say ‘I have $5 million, and I can spend it for you or against you.’…this really is a threat to our democracy.”

All of the panelists, including Public Citizen’s Robert Weissman, Lisa Graves of the Center for Media and Democracy, and People For’s Marge Baker, agreed that passing a Constitutional Amendment wouldn’t be easy, but is necessary.

Baker called the Citizens United decision “radical, dangerous, and pernicious,” and emphasized the opportunity it creates for progressives to reclaim the debate over the courts as we work to reverse it.

Citizens United is one of the all time worst Supreme Court decisions in the history of the United States,” Weissman said, “It’s certain that it’s going to be overturned. The question is, are we going to overturn it in the next 4-5 years, or wait 50 years.”

Graves added that Americans have managed to amend the Constitution throughout our history. “They did it with the Pony Express,” she said, “and we have Web 2.0”

Grayson and Edwards have both agreed to sign the Pledge to Protect America’s Democracy, a pro-amendment effort organized by People For and Public Citizen. Urge your candidates and elected officials to do the same, at www.pledgefordemocracy.org.

UPDATE: Netroots Nation has posted a video of the discussion:

PFAW

Making the Courts a Progressive Priority

If there’s one theme that’s prevalent here at Netroots Nation, it’s that elections matter—but what you do after elections matters more.

In a great panel discussion this morning, six judiciary-watchers discussed why the courts should matter to progressives, and why it’s dangerous when they don’t.

Pam Karlan, a professor at Stanford Law school who is frequently mentioned as a potential Supreme Court nominee herself, put it this way: “However much progressive legislation we get from Congress, unless it gets enforced every day by district courts, it’s just words on paper.”

Republicans have successfully made the courts an issue for their base, and are trying to work it to their advantage now that they’ve lost power in Congress and the White House. The Philadelphia Inquirer reported earlier this month that nearly 40% of federal judges currently serving were appointed by George W. Bush, whose habit of recruiting from the conservative Federalist Society led to an intentional right-ward drift on courts across the country.

In their effort to keep the courts on the Right, Republicans are taking full advantage of their well-practiced obstruction skills.

Nan Aron, president of Alliance For Justice described the Republican game plan to keep the courts: “Hold seats open until a Republican president comes in and he’ll fill them in a New York minute.”

Which is exactly what Senate Minority Leader Mitch McConnell is trying to do as he repeatedly refuses to hold votes on confirming President Obama’s judicial nominees. He’s making a deliberate effort to stall all Senate business, but also a calculated plan to keep seats on the federal bench empty for as long as possible with the hope that they won’t be filled by progressives.

What courts do every day—from the Supreme Court down—matters to ordinary people. Indeed, courts are central to our ability to hold corporations and other special interests accountable for harmful behavior. Judicial appointments are essential to securing corporate accountability for environmental safety (just look at the Fifth Circuit, where the judges making important decisions about oil drilling regulation are closely connected to the oil industry); they’re essential to holding businesses accountable for how they treat workers (see Rent-a-Center v. Jackson); and, of course, they’re a critical part of ensuring our civil rights.

Dahlia Lithwick, who covers the Supreme Court for Slate, pointed out that “conservatives have been laser-focused on the court,” while progressives don’t always connect the issues we care about with the courts that ultimately decide their fate.

It's time to change that.

UPDATE: You can watch the full discussion in the video above.

PFAW

Saying No To Good Government

Although Elena Kagan’s nomination moved out of committee yesterday, almost every Republican committee member voted against her, and most Senate Republicans are expected to follow suite. Why? As an editorial in the New York Times pointed out , Republican opposition to the broad interpretation of the commerce clause in recent decades may partly explain their refusal to support Kagan:

[D]ozens of Senate Republicans are ready to vote against [Kagan], and many are citing her interpretation of the commerce clause of the Constitution, the one that says Congress has the power to regulate commerce among the states. At her confirmation hearings, Ms. Kagan refused to take the Republican bait and agree to suggest limits on that clause’s meaning. This infuriated the conservatives on the Senate Judiciary Committee because it has been that clause, more than any other, that has been at the heart of the expansion of government power since the New Deal.

The clause was the legal basis for any number of statutes of enormous benefit to society. It is why we have the Clean Air Act. The Clean Water Act. The Endangered Species Act. The Fair Labor Standards Act, setting a minimum wage and limiting child labor. The Civil Rights Act of 1964, outlawing segregation in the workplace and in public accommodations. In cases like these, the Supreme Court has said Congress can regulate activities that have a “substantial effect” on interstate commerce, even if they are not directly business-related.

…Make no mistake that such a vote is simply about her, or about President Obama. A vote against the commerce clause is a vote against some of the best things that government has done for the better part of a century, and some of the best things that lie ahead.

In voting against Kagan’s anticipated interpretation of the commerce clause, the “Party of No” isn’t just opposing the confirmation of extremely qualified Supreme Court Justice; they’re also opposing the government fulfilling its responsibility to protect clean air and water, fair labor standards, and civil rights for all.

PFAW

Kagan Clears Judiciary Committee

Yesterday the Judiciary Committee voted to forward Elena Kagan’s Supreme Court nomination to the full Senate. Here’s PFAW President Michael B. Keegan’s statement:

Today’s vote is a step towards achieving a Supreme Court that understands the way the law affects individual Americans. In her hearings, Solicitor General Kagan made clear that, unlike the current Court, she understands that corporate interests shouldn’t be allowed to run rampant over the rights of individual Americans.

It’s frankly puzzling that the GOP seems dead set on opposing that principle. Throughout much of the hearings, Republican senators lavished praise on Citizens United v. FEC, a decision that gave corporations unchecked rights to buy elections and which most Americans abhor. Given the national outrage at companies like BP and Goldman Sachs, it’s surprising that the GOP would expend so much breath pining for a Supreme Court Justice who would give even greater deference to corporations while slamming the door on individual Americans fighting for their rights.

Apparently, the ‘Party of No’ can’t stop from saying ‘Yes’ to corporate interests who want to get their way in the Supreme Court.

Fortunately for the country, the GOP has been unable to block the confirmation of this supremely qualified nominee. But as we’ve noted, their largely under-the-radar obstructionism on lower priority nominations is still going strong.

PFAW