Supreme Court

‘What You Talkin’ Bout, Willard?’

If you watched TV in the 1980s, you surely remember this:

The TV show Diff’rent Strokes – which featured the iconic tagline “What you talkin’ bout, Willis”? – was produced by PFAW’s founder Norman Lear.

And when Norman heard that Mitt Romney – whose first name is actually Willard – was running for president, it rang a bell.

In a piece in Variety this week, Norman asks Willard Mitt Romney exactly what he is talking about:

"What You Talkin' Bout, Willard?"

By Norman Lear

I don't have to explain that line to Americans who grew up watching one of our production company's sitcoms, "Diff'rent Strokes", which ran for eight seasons between 1978 and 1986 and for years after in syndication. Any one who knows the show will recall this signature phrase repeated by the young Gary Coleman to his older brother when stupefied and maddened by something his brother just said, "What you talkin' bout, Willis?"

I know some people think Willard Mitt Romney is the only responsible adult
i n that implausible field of presidential hopefuls, but often he will say
 something so surprising and disingenuous in this seemingly endless campaign, 
I find myself thinking, 'What you talkin' bout, Willard?

Absent a profanity, I don't know a better reaction to Romney's declaration 
that "corporations are people." Of course he'd be correct if the people
 he's referring to are the billionaire Koch brothers. Or if they are the 
people who are setting up phony corporations for the purpose of supporting
 Willard Mitt Romney's candidacy with million dollar gifts, and they could of 
course include the Kochs.

"What you talkin' bout, Willard?" leaps to mind at the thought of the natty
 Harvard-educated Wall Street executive and former Massachusetts governor 
railing against "eastern elites" at the last Republican National Convention. And it aches to be shouted out when I am reminded that Willard Mitt Romney, 
seeking someone to head his legal team, chose a man whose reactionary views
 about the U.S. Constitution led to a bi-partisan Senate vote to keep him off 
the Supreme Court, Robert Bork.

Willard's embrace of Bork, despite his angry rants since then, such as those
 calling for active government censorship of popular culture, is clearly 
meant to signal far-right activists that they can count on more Supreme
 Court Justices in the mold of Scalia, Thomas, Roberts and Alito, who are all
 energetically working to make Romney's assertion that "corporations are 
people" a legal reality.

What are you talkin' bout, Willard?

 

PFAW

ACLU DNA, Lead Paint, and the Judges who Made it Through GOP Obstruction

As we like to remind anyone who will listen, the current GOP senate has been shameless in its enthusiasm for obstructing judicial nominees just for the sake of obstruction. For instance, a PFAW memo on August 2 reported that of 24 nominees then waiting for confirmation votes, 21 had been voted through the Senate Judiciary Committee with no recorded opposition. Instead of sending through at least the unopposed nominees in a voice vote and moving on with its business, the Senate decided to keep these potential jurists off the bench for as long as possible – despite the pressing problem of unfilled judicial seats leading to slowed down justice. Ultimately, 4 of those nominees were confirmed by the Senate before it left for its August recess, and 20 remain waiting. (The Washington Post this morning lamented that such “gamesmanship is not only frustrating but also destructive”)

This sort of thing is a clear example of obstruction for obstruction’s sake. But what about the nominees who do face some GOP opposition? Last week, The Atlantic’s Andrew Cohen took an in-depth look at some of President Obama’s nominees who were ultimately confirmed by the Senate, but who received more than 25 “no” votes. The reason? Most were opposed because of a record fighting for civil liberties or against big corporations. Here are a few of Cohen’s examples:

7th U.S. Circuit Court of Appeals Judge David Hamilton (Votes 59-39). Even though his local Federalist Society endorsed this nephew of former Congressional leader Lee Hamilton, Senate Republicans mostly didn't because, as a trial judge, Hamilton had issued this 2005 ruling which had infuriated the religious right. Citing Supreme Court precedent, Judge Hamilton had ruled that Indiana's legislative prayer before each session could no longer be "sectarian" and regularly invoke the name of Jesus Christ.


Northern District of Ohio Judge Benita Y. Pearson (Votes 56-39). The first black female federal jurist in Ohio almost didn't get the gig. The precise reasons why are unclear. The People for the American Way suggested that she was a member of an animal rights group and thus earned the wrath of those in the cattle industries -- although 39 "no" votes is quite a lot of beef to have against a pioneering jurist.


District of Colorado Judge William J. Martinez
(Votes 58-37). By contrast, it is not hard to understand why this Mexico-born nominee roused so much Republican opposition on the floor of the Senate. Before he was nominated, Martinez advised the Americans with Civil Liberties Union and was a lawyer for the Equal Employment Opportunity Commission (just like Clarence Thomas before him, only Justice Thomas' EEOC experience evidently was a boon for his nomination). Of nominee Martinez, Sen. Jeff Sessions (R-Ala.) said: "It seems that if you've got the ACLU DNA you've got a pretty good leg up to being nominated by this president."


District of Rhode Island Judge John J. McConnell (Votes 50-44). It's also fairly clear why Judge McConnell almost didn't make it onto the bench. Senate Republicans didn't like him because the U.S. Chamber of Commerce didn't like him because, as a lawyer, McConnell had successfully sued Big Tobacco and fought for those harmed by lead paint. Evidently that's five Republican votes more serious in the Senate than ticking off Big Beef.


Northern District of California Judge Edward M. Chen
(Votes 56-42). Like Judge Martinez, Edward Chen evidently was touched with the "ACLU gene," which rendered him objectionable to Senate Republicans. Sen. Charles Grassley (R-Iowa), whose state's Asian population is nearly three times lower than the American average, voted against Chen because he thought the well-respected former magistrate judge employed the "empathy standard" of judging.


District of Oregon Judge Michael H. Simon
(Votes 64-35). Harvard educated? Check. Prior government experience with the Justice Department? Check. So why 35 "no" votes? Because Simon had worked for the ACLU. The seat he took on the federal bench, reported the Oregonian, had been vacant for 664 days, two months short of two years. How would you like to have been a litigant in Oregon during that time?


All of these nominees were ultimately confirmed – but not after plenty of stalling and debate over the value of “ACLU DNA” or of holding big corporations accountable for their actions. When we talk about the many nominees who are unopposed yet unaccountably stalled, it’s important to remember that the few nominees who do face GOP opposition don’t always face that opposition for the most convincing of reasons.
 

PFAW

Rick Perry: Uniting the Really Far Right and the Really, Really Far Right

Cross-posted from the Huffington Post

Texas Gov. Rick Perry formally launched his presidential campaign last weekend, apparently hoping to upstage those competitors who were slugging it out in the Iowa Straw Poll. The event was won by Michele Bachmann, whose core supporters come from the same Religious Right-Tea Party crowd expected to be Perry's base. He may have just made it official, but in fact Perry has already been running hard. A week before his announcement, he solidified the devotion of Religious Right leaders and activists with a defiantly sectarian prayer rally sponsored by some of the country's most extreme promoters of religious and anti-gay bigotry. His financial backers began hitting up donors a while ago.

Perry is hoping to take advantage of a relative lack of enthusiasm for the current Republican field and its erstwhile front-runners. His potential to upset the field is reflected in the fact that he was polling in the double-digits before even entering the race, drawing far more support than candidates like Newt Gingrich and Rick Santorum who have seemingly been running for years. Ed Kilgore at The New Republic wrote recently that Perry has become "the unity candidate of the GOP" because he "seems to perfectly embody the Republican zeitgeist of the moment, appealing equally to the GOP's Tea Party, Christian Right, and establishment factions while exemplifying the militant anti-Obama attitude that holds it all together." Perry does indeed draw support from both establishment and far-right Republicans: last year, prizes offered by his election campaign included lunch with GOP strategist Karl Rove and a spiritual tour of the U.S. Capitol with right-wing pseudo-historian David Barton.

The Religious Right

Perry's love affair with even the most extreme elements of the Religious Right is a long-term relationship that started years before the recent prayer rally. Over the years, Perry has persistently backed the efforts of Religious Right activists on the Texas school board to use the textbook selection process to impose right-wing religious and political ideology on science and history textbooks. He has shown little respect for the separation of church and state and has worked to further restrict access to abortion in the state.

His reelection campaigns have relied heavily on church-based organizing and networks of far-right evangelical pastors mobilized by the likes of self-described "Christocrat" Rick Scarborough. According to the Texas Freedom Network, Between May 2005 and October 2008 the Texas Restoration Project held eight pastors' policy briefings. Part of Perry's invitation to the October 2008 event said:

While Congress occupies its time trying to legislate defeat in Iraq, we hope you will attend a Pastors Policy Briefing that will equip you to walk point in the war of values and ideas.

Rediscovering God in America -- Austin is intended to remind us that excuses are not the proper strategy when facing evil and confronting enemies. Instead, we must rally godly people and seek God's provision for the resources, the courage, and the strength necessary to win and, ultimately, glorify Him.

In 2009, he participated in a closed-door session with Texas pastors sponsored by the U.S. Pastor Council, and hosted a state prayer breakfast that featured Gary Bauer as the keynote speaker. And last year, he was visited by a group of pastors associated with the dominionist New Apostolic Reformation, who told him that God had chosen him for bigger things; they were among the leaders of last weekend's "Response."

The Response itself was called by Perry but sponsored and paid for by the American Family Association, which has been designated a hate group by the Southern Poverty Law Center for its pattern or spreading false and denigrating information about gay people, and which promotes some of the ugliest bigotry spewed on the nation's airwaves. Among the extremist co-sponsors and speakers at The Response were dominionist Mike Bickle, who has said that Oprah is a harbinger of the anti-Christ, and pseudo-historian David Barton, who claims that Jesus opposed progressive taxes, the minimum wage, and collective bargaining by unions.

The Tea Party Right

Perry also seamlessly blends the Tea Party's anti-Washington fervor with the Religious Right's Christian-nation vision. Last year, at an event sponsored by the Texas Eagle Forum, Perry said the November 2010 elections were "a struggle for the heart and soul of our nation." Said Perry, "That's the question: Who do you worship? Do you believe in the primacy of unrestrained federal government? Or do you worship the God of the universe, placing our trust in him?"

If it seems remarkable and contradictory that Perry would seek the presidency so soon after speculating on the benefits of seceding from the union "if Washington continues to thumb its nose at the American people," it is no less contradictory than Perry promoting his anti-Washington book, "Fed Up: Our Fight to Save America from Washington," while repeatedly requesting federal emergency assistance to fight wildfires that have raged in Texas this year.

The Economic Right

Perry is almost certain to make jobs -- and his claims that Texas' low-tax, low-regulation, low-wage environment would be good for what ails America -- a centerpiece of his campaign. In fact he has been publicly praying about regulations that he says stifle business and jobs. That vision will almost certainly make Perry popular among the corporate funders that are increasingly funneling money into Republican campaigns in the wake of the Supreme Court's Citizens United decision that corporations have the same rights as citizens to influence elections.

Perry's economic policies may be good for corporate profits, but they aren't much of an economic model for the rest of us. Nobel Prize-winning economist and New York Times columnist Paul Krugman wrote earlier this year:

Texas is where the modern conservative theory of budgeting -- the belief that you should never raise taxes under any circumstances, that you can always balance the budget by cutting wasteful spending -- has been implemented most completely. If the theory can't make it there, it can't make it anywhere.

Debt owed by the state of Texas has doubled during Perry's tenure as governor; the state's per-capita debt is worse than California's. And this year, Texas lawmakers wrestled with a budget shortfall that Associated Press called "one of the worst in the nation." Perry's budget relied heavily on federal stimulus funds to plug a massive 2010 budget deficit. The budget finally passed this year cut some $4 billion out of state support for public education and is expected to result in tens of thousands of teacher layoffs.

Meanwhile, Texas ranks at or near the bottom of many indicators of individual and community health. It is worst in the country in the percentage of children with health insurance and pregnant women receiving early prenatal care. It has the highest percentage of workers earning at or below the minimum wage. It has the lowest percentage of adults with a high school diploma. It is worst for known carcinogens released into the air and among the worst for toxic pollution overall.

The Right Online

Perry has sometimes adopted the Sarah Palin approach to media. According to the conservative Daily Caller, Perry declined to meet with newspaper editorial boards during his primary race against Sen. Kay Bailey Hutchison, but "went out of his way to make himself available to conservative bloggers." The Caller's Matt Lewis predicts that "a large percentage of conservative bloggers for sites like RedState.com" will "jump on the Perry bandwagon."

Perry the Prevaricator Perry statements have received no fewer than seven "pants on fire" ratings from Politifact Texas; he earned those awards for repeated false statements about his policies and his political opponents. Of 67 Perry statements reviewed by Politifact, 14 were declared false in addition to the seven "pants on fire" lies -- while another 10 were rated "mostly false." Only 17 were considered true (10) or mostly true (7), with 19 called "half true."

Perry and the Republican Party

If Rick Perry does indeed become the Republican "unity candidate," that will be further evidence that the GOP has become the party of, by, and for the far right -- a party that has abandoned any credible claim to representing the economic interests or constitutional values embraced by most Americans.

PFAW

Ensuring accountability in a post­-Citizens United era

The Supreme Court’s 2010 Citizens United decision was quickly followed by warnings of the disastrous consequences of opening the floodgates for corporate spending in future elections, but few would have predicted something as bizarre as what was recently discovered in Delaware.

“Restoring Our Future,” a pro-Romney Super PAC, recently received a generous donation of $1 million from W Spann LLC. However, little is known about the firm that only operated in the state for a period of four months, including even the most basic information about its owners. And experts suggest that this arrangement may well be illegal.

“If they put money into the corporation specifically for the purpose of making a political donation that would constitute, in my view, illegally making a donation to avoid disclosure,” says Paul Ryan of the Campaign Legal Center.

While individuals can of course make contributions to PACs and other political organizations, there are disclosure laws in place to help voters and watchdogs understand where the money is coming from. But because the owners of this corporation don’t need to make their names public, Ryan and others suspect the mysterious firm, W Spann LLC, was set up in order to make a large contribution and avoid disclosing any information about the money’s origins.

Ryan’s group along with other watchdog organizations such as the Public Campaign Action Fund and Democracy are calling on Delaware Attorney General Beau Biden as well as officials from the Justice Department and FEC to look into this questionable conduct. But as we wait to see what happens next, it’s clear that this is yet one more of the many examples illustrating how destructive the Citizens United decision has been to our democracy.

With the important elections in 2012 a little more than a year away, it is incumbent on our elected officials to enact meaningful remedies to ensure the integrity of our elections is protected.

PFAW

Taking it Back to 1987, Mitt Romney Teams Up with Judge Bork

Mitt Romney yesterday announced the members of his campaign’s legal advisory team, which will be led by none other than Robert Bork.

This is interesting because Judge Bork’s views of the law and Constitution were so extreme that his 1987 Supreme Court nomination was rejected by the Senate.

Here’s the TV spot People For the American Way aired about Bork at the time:

Among the reasons PFAW, the United States Senate, and the American people concluded that Bork was not suitable for a seat on the nation’s highest court:

  • Bork rejected the idea of a constitutional right to privacy – the basis for our freedom to use contraception, choose whether to have an abortion, and engage in private consensual sexual activity – putting him far to the right of most sitting Supreme Court justices.
  • He regularly interpreted the law to favor the powerful, to the particular detriment of women and people of color, including opposing the Civil Rights Act and claiming that the Equal Protection Clause does not apply to women.

As another Massachusetts political leader, Sen. Edward Kennedy famously put it:

Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.

America is a better and freer nation than Robert Bork thinks.

And in the years after his failed Supreme Court nomination, Bork kept on reminding us of why he would have been a disastrous Supreme Court Justice. From a 2002 PFAW report:

Robert Bork has carved out a niche for himself as an acerbic commentator on the Supreme Court, as well as various cultural issues. In fact, to Bork the two topics are closely related and the Supreme Court’s “illegitimacy” and its departure from the Constitution are in many ways responsible for our growing “cultural depravity.”

According to Bork, we are rapidly becoming a fragmented society that has totally lost its nerve and is now either unwilling or unable “to suppress public obscenity, punish crime, reform welfare, attach stigma to the bearing of illegitimate children, resist the demands of self-proclaimed victim groups for preferential treatment, or maintain standards of reason and scholarship.” Abortion, technology, affluence, hedonism, and modern liberalism are gradually ruining our culture and everywhere you look “the rot is spreading.”

Bork has denounced the public education system that “all too often teaches moral relativism and depravity.” He considers sensitivity training to be little more than “America’s version of Maoist re-education camps.” He has shared his fear that recognition of gay marriage would lead to accommodation of “man-boy associations, polygamists and so forth.” And he has criticized the feminist movement for “intimidat[ing] officials in ways that are destructive of family, hostile to masculinity, damaging to the military and disastrous for much education.”

It appears as if almost everything within contemporary culture possesses the capacity to offend Bork. He attacks movies for featuring “sex, violence and vile language.” He faults television for taking “a neutral attitude toward adultery, prostitution, and pornography” and for portraying homosexuals as “social victims.” As for the art world, most of what is produced is “meaningless, uninspired, untalented or perverse.” He frets that the “pornographic video industry is now doing billions of dollars worth of business” and the invention of the Internet will merely result in the further indulgence of “salacious and perverted tastes.” When it comes to music, “rock and rap are utterly impoverished … emotionally, aesthetically, and intellectually.”

More to the point, Bork is not content merely to criticize; he wants the government to do something about it. “Sooner or later,” he claims “censorship is going to have to be considered as popular culture continues plunging to ever more sickening lows.” So committed is he to this cause that he dedicated an entire chapter in his 1996 book Slouching Toward Gomorrah to making “The Case for Censorship.” In it, he advocates censoring “the most violent and sexually explicit material now on offer, starting with obscene prose and pictures available on the Internet, motion pictures that are mere rhapsodies to violence, and the more degenerate lyrics of rap music.”

When asked by Christianity Today about how he would decide what should and should not be censored, Bork announced: “I don’t make any fine distinctions; I’m just advocating censorship.” He went on to argue that the United States has a long history of censorship, and that such censorship “didn’t suppress any good art, it didn’t eliminate any ideas.” He goes on to state that, were individuals to decry such censorship as inhibiting their individual liberty or right to express themselves, he would reply “… yes, that is precisely what we are after.”

In choosing Bork to head his legal team, Mitt Romney is sending a clear message to the farthest right of the Right Wing... \and reminding us all that our 2012 vote for president is also a vote for the Supreme Court for the next generation.

PFAW

The Supreme Court for Beginners

Do you care about clean elections, fair pay, civil rights, environmental protections, and the right to seek justice when you’ve been wronged?

Then you should care a whole lot about the Supreme Court.

In a new video, People For the American Way Foundation provides an animated guide to the Supreme Court and how its decisions impact all Americans. Enjoy:

 

PFAW

Too Many Rulings are Supremely Courteous to Corporations

This op-ed was originally published at OtherWords.org

Americans realize that our rights and liberties depend on having a system of justice that we can trust. We know we should be able to show up in court to contest anything from a parking ticket to felony and make our case — whether we're rich or poor.

But there's one U.S. court where it's increasingly hard for individual Americans to have their voices heard. The Supreme Court — our court of last resort — is making it harder for individual citizens to hold the rich and powerful accountable.

In recent years, the high court has consistently twisted the law and Constitution to put giant corporations' profits over the rights of individual Americans. That means it's getting harder for citizens to seek justice when corporations stiff us.Supreme Corp.

In June, for instance, the Supreme Court ruled that more than a million women who had suffered wage discrimination as employees of Walmart couldn't join together to sue the company. Several women had filed a class action suit against the company on behalf of themselves and up to 1.5 million other women who faced similar treatment, seeking to pool their resources in order to go up against one of the most powerful corporations in the world. But the majority opinion ignored what the women had in common and focused instead on the differences bound to arise within a group that large, ruling that they couldn't go in it together to hold Walmart accountable. By sharply reducing the ability of employees to pool their resources, the court has made it easier for big employers to discriminate.

The Walmart case is only one example of the Supreme Court's growing tendency to side with the interests of big corporations over the rights of ordinary citizens. Earlier this year, the court ruled that Californians who had fallen prey to an alleged scam by their cell phone company couldn't join together to hold the company accountable. Because each customer was cheated out of a relatively small amount, few customers would go to the trouble of recovering their money. Many victims had not even noticed the relevant charge in their bill.

For these reasons, only a large class action lawsuit would serve to hold the company accountable. In another case, the court ruled that a financial firm accused of defrauding its investors couldn't be held liable because the firm had protected itself with a cleverly designed corporate structure. In doing so, the court both ignored the clear meaning of the law and essentially provided financial firms with an instruction manual on how to defraud their clients without being caught.

In the past year, the Supreme Court also handed two big victories to pharmaceutical companies. In one, it ruled that a state couldn't prohibit the sale or use of pharmacies' prescription data by drug companies without the prescribing doctor's authorization. In the other, the court let a pharmaceutical company off the hook for failing to warn about the dangerous side effects of a drug it was selling — a failure that resulted in at least one patient developing a painful and incurable neurological disorder.

Of course, sometimes the law really is on the side of big business. Our justice system requires that big corporations get a fair hearing just as ordinary citizens do. But they don't deserve more of a voice than the rest of us. The Supreme Court, guided by a right-wing majority, has increasingly bought the convoluted arguments of moneyed corporations lock, stock, and barrel, while turning a blind eye to the law — to say nothing of the impact on ordinary Americans. These decisions don't just hurt the individuals directly involved in them. They hurt us all, by limiting our rights and sending a signal to the wealthy and powerful that they can go ahead and abuse the rest of us without consequence.

Our founders wrote the Constitution to protect individuals against the whims of the powerful. But too often lately, the Supreme Court has twisted our laws to protect the powerful from being held accountable by individuals. Supreme Court justices and lower federal court judges must defend the Constitution, not twist it beyond recognition.

Marge Baker is executive vice president of People For the American Way.

PFAW

Goodwin Liu Nominated to California Supreme Court

Today, Governor Jerry Brown appointed Goodwin Liu to serve on the California Supreme Court. Liu, a professor at UC Berkeley with extensive experience in public service, is an exceptionally well-qualified legal scholar. 

“He is a nationally recognized expert on constitutional law and has experience in private practice, government service and in the academic community,” Brown said in his announcement. “I know that he will be an outstanding addition to our state supreme court.”

 Liu’s appointment to the California high court comes after President Obama had unsuccessfully nominated him to the U.S. Ninth Circuit Court of Appeals. Although his sterling credentials were not in doubt and he had strong bipartisan support outside the Senate, unprecedented obstruction by Senate Republicans eventually prevented Liu’s confirmation. After years of claiming that judicial filibusters were unconstitutional when George W. Bush was president, Republican Senators did an about-face that would have done Mitt Romney proud once Obama took office, and they shamefully prevented the Senate from voting on Liu’s nomination.

Governor Brown’s decision is a testament to Professor Liu’s outstanding judicial temperament and readiness to serve. Liu says he is “deeply honored” by the nomination – and this honor is well-earned. Californians will be fortunate to have someone of Goodwin Liu’s caliber on their state supreme court.

PFAW

Who's Who in Today's DOMA Hearing

Cross-posted on RIght Wing Watch

Senate Republicans have called Tom Minnery of Focus on the Family, David Nimocks of the Alliance Defense Fund and Ed Whelan of the Ethics and Public Policy Center as witnesses in today’s hearing on the “Defense of Marriage Act.” The groups these witnesses represent have a long record of extreme rhetoric opposing gay rights:

CitizenLink, Focus on the Family’s political arm, is a stalwart opponent of gay rights in every arena:

• Focus on the Family has consistently railed against the repeal of Don’t Ask, Don’t Tell, demanding the discriminatory policy’s reinstatement.

• The group claims anti-bullying programs that protect LGBT and LGBT-perceived youth in schools amount to “homosexual indoctrination” and “promote homosexuality in kids.”

• The group insists that House Republicans investigate the Justice Department over its refusal to defend the unconstitutional Section 3 of DOMA.

The Ethics and Public Policy Center is backed by the far-right Sarah Scaife Foundation, the John M. Olin Foundation, the Lynde and Harry Bradley Foundation, and the Koch- backed Castle Rock Foundation, all well-known right-wing funders.

• George Weigel of EPPC wrote in June that “legally enforced segregation involved the same kind of coercive state power that the proponents of gay marriage now wish to deploy on behalf of their cause.”

• Ed Whelan spearheaded the unsuccessful and widely panned effort to throw out Judge Vaughn Walker’s 2010 decision finding California’s Proposition 8 to be unconstitutional on the grounds that Walker was in a committed same-sex relationship at the time of the decision.

The Alliance Defense Fund, which bills itself as a right-wing counter to the American Civil Liberties Union, is dedicated to pushing a far-right legal agenda:

• The ADF has been active on issues including pushing "marriage protection," exposing the "homosexual agenda" and fighting the supposed "war on Christmas."

• The ADF claims 38 “victories” before the Supreme Court, including: Citizens United v. Federal Election Commission, which allows corporations to spend unlimited money on elections in the name of “free speech” and Boy Scouts of America v. Dale (2000), which allowed the Boy Scouts to fire a Scout Leader because he was gay.

PFAW

A Milestone for Diversity on the Federal Bench

Today, the Senate confirmed J. Paul Oetken to be a federal judge in the Southern District of New York. He is the first openly gay man to be confirmed as an Article III judge (one with lifetime tenure).

In order for the federal judiciary to effectively protect our constitutional rights, the bench must reflect the diversity of America. That is not to say that demography determines how a judge will rule. But it is true that a person's background can give them insight into the effect of a law that others might miss. Ignorance of a law's actual impact can lead to a serious misanalysis of its constitutionality.

Some of the most notorious Supreme Court cases in history rest on such misunderstandings and show the results of a non-diverse bench. For instance, Plessey v. Ferguson, the 1896 case that upheld racial segregation, reflected the thinking of an advantaged class who had no real idea of how Jim Crow laws affected real people. The majority rejected out of hand

the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.

Similarly, Justice Scalia made headlines in 2009 when he angrily challenged the assertion that non-Christians might not see a Christian cross as a symbol of respect. While they may not have changed his mind, it was good that he had non-Christian colleagues who could have given him a sense of how people different from him are affected by the law. And perhaps the notorious 5-4 Bowers v. Hardwick opinion might have been different had there been an openly gay Justice there to tell his colleagues that their assumptions about "practicing homosexuals" were simply incorrect. Surely discussions of laws impacting women are improved by actually having women on hand to offer the benefit of their experience. And judges who have been stopped for "driving while black" may recognize the real-world impact of certain police practices that might seem relatively benign to others.

A richly diverse judiciary makes it more likely that judges will understand how their decisions will affect ordinary people, and that laws protecting individuals will actually be enforced as intended. President Obama's nomination of J. Paul Oetken is part of his overall efforts to significantly increase the diversity of the bench, an effort that has, unfortunately, been met with stubborn resistance by Senate Republicans.

PFAW

ALEC’s Elections Agenda

Justin wrote earlier today about the trove of model legislation from the American Legislative Exchange Council (ALEC) that the Center for Media and Democracy released today. ALEC, which is funded largely by corporate interests, is a driving force behind a whole lot of state-level legislation that helps out big business at the expense of individual citizens – legislation that curtails workers’ rights, undercuts public education and other essential government services and, most importantly, and big tax breaks to corporations and the wealthy.

The agenda that ALEC helps to spread to state legislatures doesn’t just help give the group’s corporate funders a leg up – it also helps them keep American voters from wresting away any power they have in the electoral process.

The Nation’s John Nichols went through the ALEC legislation and found not only model Voter ID language – variations of which have been introduced in 33 states this year -- but various attempts to keep voters from imposing campaign finance limits:

Beyond barriers to voting, ALEC is also committed to building barriers to direct democracy. Horrified by the success of living-wage referendums and other projects that have allowed voters to enact protections for workers and regulations for businesses, ALEC’s corporate sponsors have pushed to toughen the rules for voter initiatives. “The legislative process should be the principal policy-making vehicle for developing state law,” declares one 2006 resolution, which specifically mentions concerns about state minimum wage laws, taxation and “the funding of other government programs and services.” ALEC’s Resolution to Reform the Ballot Initiatives Process recommends making it harder to qualify referendum language and suggests that proposals on fiscal issues should require supermajorities to become law.

ALEC is also determined to ensure that citizens do not have the final say on who is elected president, an agenda outlined in such documents as its Resolution in Support of the Electoral College and its ardent opposition to the National Popular Vote project (which it has warned would “nationalize elections and unravel Federalism”). A related resolution encourages state legislatures to formally complain that an interstate compact to defer to the popular will “would allow a candidate with a plurality—however small—to become President.” While ALEC worries about the candidate with the most votes winning, it has no problem with policies that increase the likelihood that the candidate with the most money and corporate support will prevail. Its 2009 Resolution Supporting Citizen Involvement in Elections bluntly “opposes all efforts to limit [citizen] involvement by limiting campaign contributions.” A resolution approved last year expresses support for the Supreme Court’s Citizens United ruling. ALEC even opposes moves to give shareholders a say in the expenditure of corporate funds on campaigning. At the same time, ALEC urges legislators to fight the “federal takeover” of state election procedures, objecting in particular to universal standards for voting procedures.

PFAW

Progressive groups to Wisconsin Supreme Court: Prosser must go

Yesterday, members of a number of Wisconsin progressive groups gathered in front of the Wisconsin capitol to demand that state Supreme Court Justice David Prosser step down until an investigation into his alleged choking of another justice is complete.

Prosser – who once called the state’s female Supreme Court Justice a “total bitch” and then bragged about it – is accused of placing another female colleague in a chokehold during an argument about the state’s controversial budget bill. The justices who witnessed the incident have provided differing accounts of what happened, while Prosser’s allies and the right-wing media have teamed up to blame the alleged victim.

Speakers at the rally laid out the reasons for Prosser to step down until the investigation is completed:

Anthony Prince, a labor lawyer likewise representing the lawyers' group, told the crowd that asking Prosser to step aside is "not a radical proposal," adding that most employers would place an employee accused of similar behavior on administrative leave while the accusations were investigated.

"An employer has a legal obligation to provide a workplace free of hazard," Prince said. "We are the employer of Justice David Prosser."

Subeck agreed: "Every woman is entitled to a safe workplace, free of violence." She told the crowd that one out of every 250 women will be a victim of workplace violence, and also cited a U.S. Bureau of Justice Statistics study (PDF) finding that, in 2009, workplace violence accounted for 24 percent of all nonfatal violence against employed people age 16 or older.

There is a reason the rest of the country has its eye on Wisconsin, said Scot Ross, executive director of liberal advocacy group One Wisconsin Now. Ross said Prosser has brought "dishonor" to the state's highest court because of his violent behavior.

"This is classic workplace bullying, and it's got to stop," Ross said.

Prosser survived a close bid for reelectionearlier this year, despite his alliance with Gov. Scott Walker and his unpopular anti-worker policies.

PFAW

Disclosure Critics are Missing the Point

Legislative efforts to combat the Supreme Court’s disastrous Citizen’s United decision, which opened the door to unlimited, secretive spending by shadowy groups, have been having a tough time getting past corporate lobbyists and Republicans in Congress. First, Congress failed to pass the DISCLOSE Act, which would have shed light on the secretive groups that funnel corporate money into American politics. Then, last April they put up such a fuss about a leaked executive order that would require federal contractors to disclose their political spending that the order was put on hold.

Now, another effort to bring some accountability back into post-Citizens United elections is meeting with a predictable response. As reported by Mother Jones, Rep. Anna Eshoo (D-CA) introduced an amendment last Thursday to a defense authorization bill that would legislatively accomplish the proposed Executive Order’s goals. However, such proposals have been criticized by Republicans in Congress such as Rep. Tom Cole (R-OK) for attempting to politicize the contract procurement process. Such critics are missing the point, as Rep. Eshoo points out, because “When contractors can spend money in elections, the contracting process is already politicized.”

PFAW

Supreme Court Shows Ideological Biases, Is It Still Nonpartisan?

The New York Times posted a must-read editorial highlighting activities by Supreme Court justices, that, particularly in light of the Court’s recent 5-4 decisions favoring corporate special interests over the rights of individuals, create a compelling case for an ethical code of conduct for Supreme Court Justices.

Justices Antonin Scalia and Samuel Alito Jr., for example, appeared at political events. That kind of activity makes it less likely that the court’s decisions will be accepted as nonpartisan judgments. Part of the problem is that the justices are not bound by an ethics code. At the very least, the court should make itself subject to the code of conduct that applies to the rest of the federal judiciary.

So many of the Supreme Court’s decisions this term have worked in favor of powerful corporate interests that it’s becoming almost impossible to ignore the ideological biases of the justices. The editorial discusses some of these worrisome rulings, including making it harder “for private lawsuits to succeed against mutual fund malefactors, even when they have admitted to lying and cheating,” and making it “more difficult for class-action suits in all manner of cases to move forward.” in the recent Wal-Mart case.

The federal judiciary was set up to put space between the legal system and political sphere, but it seems more and more that some justices have brought an intense ideological agenda to the bench. If the American people are to trust in the impartiality of the Supreme Court, its justices are going to have to be held to the very highest of ethical standards.

PFAW

Today's Supreme Court: Not Since the Gilded Age

There was once a Monty Python sketch about Dennis Moore, a confused Robin Hood wannabe who steals from the poor and gives to the rich. Minus the laugh track, that more and more seems to be the mission of the Corporate Court. The Washington Post's E.J. Dionne has a terrific column on this: "The Supreme Court's Continuing Defense of the Powerful."

The United States Supreme Court now sees its central task as comforting the already comfortable and afflicting those already afflicted.

If you are a large corporation or a political candidate backed by lots of private money, be assured that the court's conservative majority will be there for you, solicitous of your needs and ready to swat away those pesky little people who dare to contest your power.

After discussing some of the outrages of the arch-conservative majority, Dionne writes:

[P]ay heed to how this conservative court majority bristles at nearly every effort to give the less wealthy and less powerful an opportunity to prevail, whether at the ballot box or in the courtroom. Not since the Gilded Age has a Supreme Court been so determined to strengthen the hand of corporations and the wealthy.

People For the American Way Foundation recently submitted testimony to the Senate Judiciary Committee analyzing the ominous pro-corporate tilt of the Roberts Court in the term that just ended.

PFAW

Chamber's Influence on Corporate Court Examined

In the term that ended Monday, the Roberts Court continued its disturbing trend of removing the legal protections that are often the only way that individuals can avoid becoming victimized by giant corporations that dwarf them in size, wealth, and power. The Chamber of Commerce not only has been working to make this development happen, it has taken credit for it. As reported in Roll Call:

The liberal Constitutional Accountability Center released a report Tuesday pointing out the increasing philosophical alignment between the chamber and the Supreme Court.

The current court, led by Chief Justice John Roberts, has sided with the chamber's position on business cases 65 percent of the time, more than it did under any previous chief justice.

"The chamber is having a great deal of success in helping to shape the docket of cases that the Supreme Court hears and then having a lot of success in winning the cases," said Doug Kendall, a lead author of the report.

...

[T]he chamber has encouraged the notion that it is somehow influencing justices.

On the [Chamber's] litigation center's website, the group highlights a quote from Carter G. Phillips, a partner at Sidley Austin who often represents the chamber in the Supreme Court.

"Except for the solicitor general representing the United States, no single entity has more influence on what cases the Supreme Court decides and how it decides them than the National Chamber Litigation Center," he said.

You can read more about the Constitutional Accountability Center's report here.

PFAW

Senate Judiciary Committee Exposes the Corporate Court

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

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

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

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

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

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

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

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

PFAW

Wisconsin News Round-up: 6/29/11

Today's news from Wisconsin:

RecallTheRight.org

PFAW

Supreme Court's Legitimacy Rests With the Justices

As noted in a NYT editorial by Jeff Shesol, some of the justices of the Supreme Court are spending a lot of their time off the bench engaging in all sorts of extracurricular activities. Of course, they have always participated in the usual speech-giving and book-singing circuit – but as of late, some justices have lent their names to organizations with decidedly partisan agendas, including Koch-sponsored policy retreats, and have become increasingly entangled with ideological benefactors with clearly partisan agendas.

This has prompted calls for a re-examination of our standard of judicial ethics, since many of them surprisingly do not apply to the high court. Sheshol writes:

Yet there are few, if any, precedents for the involvement of Justices Thomas and Scalia with the fund-raising efforts of the Koch brothers. In an invitation to a meeting earlier this year in Palm Springs, Calif., Charles Koch cautioned financial contributors that “our ultimate goal is not ‘fun in the sun.’ This is a gathering of doers.” The meeting’s objective was “to review strategies for combating the multitude of public policies that threaten to destroy America as we know it.” Last summer’s sessions included “Framing the Debate on Spending” and “Mobilizing Citizens for November.” The invitation listed Justices Scalia and Thomas first among the “notable leaders” who had attended past meetings.

In the face of criticism, the court’s conservatives may be doubling down. Justice Thomas, in particular, has lashed back, refusing to disclose activities and relationships that have been called into question. Stone’s admonition, clearly, is as relevant as ever. Over its history, the Supreme Court has faced periodic threats to its legitimacy and has survived with its powers intact, thanks in large part to its public esteem. At some point, another challenge will come. And the court, next time, may find fewer Americans on its side if its members allow themselves to be perceived, in Justice Breyer’s words, as “junior-varsity politicians” who possess, but do not merit, the last word.

 

PFAW

People For’s Drew Courtney Discusses Supreme Court Video Game Decision

Yesterday, the Supreme Court struck down a California law that banned the sale of violent video games to minors, holding in a 7-2 decision that the ban violated the First Amendment. PFAW Foundation Communications Director Drew Courtney visited DC’s Fox 5 News this morning to discuss how the Court’s decision protects the principles of free speech, while strengthening the rights of parents to decide what’s best for their children:

Supreme Court Says Government Can't Ban Violent Video Game Sales to Kids: MyFoxDC.com

PFAW