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The GOP Displays Effective Use of Taxpayer Dollars

The Senate Judiciary Committee this morning voted to approve seven federal judicial nominees. Four of these nominees are Judiciary Committee pros by now—they’ve already been approved by the committee, but were blocked by Senate Republicans, and had to start the nomination process all over again. Two are going through the process for the third time.

So what high ground is the GOP standing on in their months long blocking of these four nominees and insistence on holding the same debate multiple times?

Well, there are the objections to Rhode Island nominee John McConnell, who had the gall to represent victims of lead paint poisoning, and be proud of it.

Not to mention the record of former Wisconsin Supreme Court Justice Louis Butler, whose work as a judge irked business interests so much, they spent $1 million to stop his reelection.

Then there’s the outrage against U.S. Magistrate Edward Chen for his work fighting discrimination against Asian Americans for the American Civil Liberties Union.

And then, of course, there’s the all-out battle against Ninth Circuit Appeals Court nominee Goodwin Liu. As the New York Times editorial page points out today, the GOP’s resistance to Liu centers mainly around the fear that he’s so qualified, he might end up on the Supreme Court.

And these are just the nominees to which the GOP has been able to articulate some sort of objection. There are now 23 nominees waiting for votes on the Senate floor--17 of them made it through the Judiciary Committee without the objection of a single Republican.

Witness the trademark efficiency of the Party of No.
 

PFAW

Women Are Not WorthLess

With time running short in the 111th Congress, National Women’s Law Center wants the Senate to know that Women Are Not WorthLess.

National Women’s Law Center produced this new video as part of their ongoing efforts to pass the Paycheck Fairness Act, which People For the American Way supports, along with American Association of University Women, American Civil Liberties Union, National Committee on Pay Equity, and hundreds of other organizations and countless advocates nationwide.

Equal pay in America needed to be put back on track after the Supreme Court’s devastating Ledbetter v. Goodyear ruling, and the Lilly Ledbetter Fair Pay Act answered that call – as the first major milestone of the Obama Administration. Still, this new law cannot on its own do the job of eliminating the wage gap. Additional tools are necessary to bring equality to the workplace and prevent further disturbing incidents like the one that befell Lilly Ledbetter. Especially in this unsteady economy, people who are struggling to pay their bills shouldn’t have to worry about whether they are being discriminated against in the workplace. We need the Paycheck Fairness Act.

It was way back in January 2009 that the House passed the Paycheck Fairness Act. Please join National Women’s Law Center and Women Are Not WorthLess in calling on the Senate to do the same and send this important legislation to the President’s desk.

PFAW

Anti-Muslim Rhetoric Having a Sadly Unsurprising Effect

From TPM:

The New York Police Department has confirmed to TPM that a cab driver in Manhttan was allegedly stabbed by a passenger who asked if the cabbie was Muslim, and says the incident is being treated as a hate crime. The suspect has been charged with attempted murder and other crimes.

Unfortunately, hateful rhetoric leading to violence is all too common and does not come as a shock. Let's hope that as the Right ratchets up the hate leading up to November's elections, the violence does not become widespread.

Read PFAW's statement on the Muslim community center in lower Manhattan.

UPDATE: The stabbing victim has issued a statement (article contains description of the attack) through the NYC taxi union.

"I have been here more than 25 years," Ahmed H. Sharif said in a statement. "I have been driving a taxi more than 15 years. All my four kids were born here. I never feel this hopeless and insecure before. Right now, the public sentiment is very serious (because of the Ground Zero Mosque debate.) All drivers should be more careful."

"While a minority of has-been politicians spew ignorance and fear, it's the working person on the street who has to face the consequences," added NYTWA [the drivers' union] Executive Director Bhairavi Desai. "This kind of bigotry only breeds more violence and makes taxi drivers all the more vulnerable on the streets where there are no bully pulpits or podiums to hide behind."

PFAW

New Groups Taking Advantage of Concealed Election Spending

Can we have the DISCLOSE Act now? USA Today reports that more than a dozen groups have been organized since June to take advantage of the lax election spending rules left by the Citizens United decision earlier this year…and most of them aren’t going to tell us who’s funding them:

In many cases, the public will not know who has funded the ads until long after they have aired.

"This is the new order of political finance," says Sheila Krumholz, executive director of the Center for Responsive Politics, which tracks money in politics. Outside groups can "sling mud with hidden money."

Since June 1, at least 15 organizations have launched these operations to influence congressional races, according to filings with the Federal Election Commission.

In Mother Jones, Peter Stone explains one reason why corporate interests are jumping through hoops to influence elections without being noticed:

You might wonder: Given that Citizens United allowed companies, say General Motors or Aetna, to get involved in elections directly, why would they need to go through groups like BIPAC or the US Chamber of Commerce? The problem, says Larry Noble, a former general counsel at the FEC, is that the decision is so unpopular many companies may not want to be seen as taking advantage of it. (In the wake of President Obama's attack on the Citizens United ruling in the State of the Union address—he noted that it would allow special interests and "foreign corporations to spend without limits in our elections"—80 percent of Americans told pollsters they disagreed with the ruling.)

Then, there’s also the powerful example of Target, which taught corporations that it’s ok to give money to political causes—as long as you don’t get caught.
 

PFAW

Ken Cuccinelli Will Not Be Outdone

Virginia’s crusading attorney general Ken Cuccinelli has a new cause: ensuring that Virginia keeps up with Arizona in the race to become the most anti-immigrant state in the union.

On Friday, prompted by an inquiry from Republican Governor Bob McDonnell, Cuccinelli decreed that Virginia police can grill people about their immigration status when stopped for traffic violations or at police checkpoints:

A 2008 Virginia law requires that law enforcement check the immigration status of anyone taken into custody on suspicion of having committed a separate crime. Cuccinelli's opinion could expand such inquiries to those who have been legally stopped by law enforcement, for instance those pulled over for a traffic violation or at a police checkpoint.

Cuccinelli writes in the July 30 opinion that while local law enforcement have the ability to arrest those they suspect of committing criminal violations of immigration laws but not those they believe have violated civil immigration statutes. But he says inquiring into status is different than arresting for a violation and that law enforcement can inquire. While it is a crime to illegally cross the border, many other immigration violations are civil offense, like overstaying a valid visa.

"Virginia law enforcement officers have the authority to make the same inquiries as those contemplated by the new Arizona law. So long as the officers have the requisite level of suspicion to believe that a violation of the law has occurred, the officers may detain and briefly question a person they suspect has committed a federal crime," he writes.

In Virginia, official opinions of the attorney general are considered law unless a judge disagrees with the legal analysis after an opinion has been challenged in court.

A similar provision in Arizona’s law was blocked by a federal judge last week before it could take effect. Arizona’s law required police to make such checks when they suspect that a person they have stopped is in the country illegally, whereas Cuccinelli’s pronouncement merely allows police to make that check. The effect, however, is similar: state police are given the broad authority to determine whom to quiz about immigration status in situations that are unrelated to immigration. And, however many racial profiling disclaimers are written into a law, a regulation like that is going to unduly burden Virginia’s Latino residents, who now must be prepared to prove their immigration status every time they drive to the grocery store.
 

PFAW

Thurgood Marshall Roundup

We were far from the only ones noting the surprising volume of GOP attacks on Justice Thurgood Marshall on Monday. Talking Points Memo counted the number of references to the illustrious Justice on the opening day of Kagan’s hearings:

In an example of how much the GOP focused on Marshall, his name came up 35 times. President Obama's name was mentioned just 14 times today.

Harpers Magazine shared my confusion about what might have motivated Republican Senators to engage in these attacks:

So what made Marshall the image of an “activist judge”? Was it his role in Brown v. Board of Education, the decision that put an end to the lie of “separate but equal” education across the American South, forcing desegregation in public education? Or perhaps it was the fact that he won nearly all of his Supreme Court cases, most of them on behalf of the NAACP, and all of them testing the official refuges of bigotry and racism?

The attacks were led, predictably, by neoconfederate senator Jeff Sessions of Alabama, the Republican ranking member and the Theodore Bilbo of his generation, who snarled that Kagan’s affection for her former boss “tells us much about the nominee”—a comment clearly intended as an insult. But so many other Republican senators joined in—Orrin Hatch, John Cornyn, and Jon Kyl, for instance—that it appears to have been an agreed talking point. (I see Dana Milbank reports that Republican staffers were actually handing out opposition research on Marshall’s voting record after the hearing–another sign that the war on Marshall was a formal strategy.)

At first it was unclear to me what possible complaint about Justice Marshall the Republican Senators could have had. But Dana Milbank at the Washington Post cleared things up:

Republicans saw trouble in this Marshall fellow. "In 2003, Ms. Kagan wrote a tribute to Justice Marshall in which she said that, 'in his view, it was the role of the courts in interpreting the Constitution to protect the people who went unprotected by every other organ of government,' " Kyl complained.

Protecting the unprotected? Say it ain't so!

And that wasn't all. Kagan also emphasized Marshall's "unshakable determination to protect the underdog," Kyl said.

Let’s take a moment to remember all the great things Justice Marshall did for this country. Stephanie Jones’ thoughtful piece in the Washington Post this morning details his vital role in fulfilling the promises of the Constitution. She summarizes:

Marshall was a great jurist who used his skills to move this country closer to being a more perfect union. As a lawyer and a justice, he protected us from activist judges and the cramped thinking of politicians who tried to keep our country in the muck. And he never forgot how the high court's rulings affect the least of us.

So what do Republicans have to gain from attacking this giant? Out west at the Seattle Post-Intelligencer, columnist Joel Connelly reminded us that attacks on Marshall are just part of a larger right wing trend to de-legitimize American heroes with whom they disagree:

The political right has taken to beating up on great American presidents, with the "progressive" Theodore Roosevelt demonized by Fox's Glenn Beck, and Thomas Jefferson ordered banished from textbooks by the Texas Board of Education.

At confirmation hearings for Supreme Court nominee Elena Kagan, Senators from the party of Abraham Lincoln have discovered -- literally -- a new black hat. They are denouncing and labeling Thurgood Marshall, our country's greatest civil rights lawyer.

 

UPDATE: even conservatives are perplexed by the Republicans' anti-Marshall strategy. Check out Joe Scarborough mocking Senate Republicans:

 

PFAW

Taking a Stand on Immigration Reform

The New York Times ran a powerful editorial today on the stark contrast between the courage of activists fighting for fair and comprehensive immigration reform and the somewhat less courageous behavior of those in power in Washington.

They highlight the story of four students—three of them undocumented immigrants who came to the country as children— who were arrested Monday for staging a sit-in in Sen. John McCain’s Tucson office to advocate for the DREAM Act.

Who else has shown such courage in the long struggle for immigration reform? Not Mr. McCain, who ditched his principled support of rational immigration legislation to better his odds in a close re-election campaign against a far-right-wing opponent. Not President Obama, who has retreated to lip service and vagueness in his calls for reform. Not his administration. The Justice Department has stood by as a civil-rights coalition — the American Civil Liberties Union, Maldef, the N.A.A.C.P., the National Day Laborer Organizing Network and others — has swiftly sued to block the Arizona law.

Other supposed defenders of immigrants, Democrats in Congress, have lost their voices. Senators Charles Schumer, Robert Menendez and Harry Reid, mindful of November elections and frustrated Latino voters, have unveiled a blueprint for immigration reform that parrots Republican talking points about clamping down the southern border and treating the undocumented as a swelling tide of criminals.

Good immigration reform needs a good bill, and the administration and the president and Democratic leaders haven’t yet offered or convincingly fought for one. The fight for reform is stalled. It could be simple acts of protest that ignite a fire. Half a century ago it was young people, at lunch counters and aboard buses across the South, who help galvanize the movement for civil rights, and to waken more powerful elders to injustice.

Last month, we documented the dangerous and deceitful playbook that the right wing has constructed to stamp out any attempt at advancing reasonable immigration reform…and then we saw the playbook at work in Arizona, where moderate legislators supported an appalling anti-immigrant bill by an extreme right wing politician; in the rapidly changing immigration views of Sen. McCain; and in the reluctance of congressional Democrats to get near the issue in an election year.

The right wing certainly hasn’t made it easy for elected leaders to stand up for a fair and pragmatic approach to immigration reform…but it’s sad to see how few are willing to take the risk.
 

PFAW

People For Signs on to Arizona Travel Boycott

Last month, Arizona’s governor signed a draconian anti-immigrant law that has come under fire from civil rights and civil liberties groups, sports teams, the president, and even the occasional outspokenly anti-immigrant politician.

People For has now joined a number of other national groups in signing on to a travel boycott of Arizona until the law is reversed. The groups—including the National Council of La Raza, the American Civil Liberties Union, SEIU, the Leadership Council on Civil Rights, and the Center for Community Change—have agreed to:

  • Not hold any conventions, conferences, special events, or major meetings involving significant travel to Arizona from out of state, while this law is in force.
  • Strongly discourage their affiliates, chapters, or members from holding any conventions, conferences, special events, or major meetings involving significant travel to Arizona from out of state, while this law is in force.
  • Widely disseminate the adverse consequences of this legislation to their key stakeholders, for the purpose of encouraging informed judgments regarding whether stakeholders should hold, convene, sponsor, or otherwise support any conventions, conferences, special events, or major meetings involving significant travel to Arizona from out of state, while this law is in force.
  • Call on all other major American institutions to consider choosing alternative locations for conventions, conferences, special events, or major meetings already scheduled involving significant travel to Arizona from out of state, while this law is in force.
  • Call on their affiliates, chapters, members, stakeholders, all major American institutions, and people of conscience everywhere to carefully consider whether the dollars they spend as consumers of goods and services could end up, directly or indirectly, supporting the perpetuation of this unjust law.

Arizona is already hurting from this and other boycotts. Less than three weeks after the new law was passed, Arizona’s hotel and lodging association had already counted a loss of 23 meetings, at an estimated loss to the state of $6 to $10 million. And a city official in Phoenix has predicted that boycotts could cost his area $90 million over the next five years.

Read questions and answers about the boycott here.
 

PFAW

Give the gift of equal pay on Mother’s Day

As we mark Mother’s Day this Sunday, think about taking action to support women’s rights. Ask your Senators to support the Paycheck Fairness Act. Be sure to thank them if they’re already cosponsors.

Equal pay in America needed to be put back on track after the devastating Ledbetter ruling, and the Lilly Ledbetter Fair Pay Act answered that call – but it wasn’t the last word. The Paycheck Fairness Act would move us even further forward by providing the tools necessary to enforce equity in the workplace and prevent further disturbing incidents like the one that befell Lilly Ledbetter. It ensures that employers would not have the incentive to continue to discriminate against workers like Lilly Ledbetter, and in doing so actually increases employer incentives for pay equity. It would also prohibit retaliation against workers who ask about employers’ wage practices and increase educational outreach to employers and employees about proper pay practices.

National Women’s Law Center, the American Association of University Women, and the American Civil Liberties Union are among the many good resources for information and action. I would also encourage you to check out the National Committee on Pay Equity.

PFAW

Breathing While Undocumented in Arizona

Linda Greenhouse, writing for the New York Times Opinionator blog, rightly points out that Arizona's new anti-immigrant law quite literally creates a new crime of "breathing while undocumented" due to a provision that someone lacking authorization to be in the country is "trespassing," even on public land.

Greenhouse wonders what Arizonan libertarian and conservative icon Barry Goldwater would have to say about the law, writing, "Wasn’t the system of internal passports one of the most distasteful features of life in the Soviet Union and apartheid-era South Africa?"

She discusses possible responses to the law and importantly notes that even though the law might seem blatantly unconstitutional to many:

[Her] confidence about the law’s fate in the court’s hands is not boundless, however. In 1982, hours after the court decided the Texas case [Plyler v. Doe, which overturned a Texas law depriving undocumented immigrant children of public education], a young assistant to Attorney General William French Smith analyzed the decision and complained in a memo: “This is a case in which our supposed litigation program to encourage judicial restraint did not get off the ground, and should have.” That memo’s author was John G. Roberts Jr.

PFAW

New People For Report Tracks the Rise of the Corporate Court

When the Supreme Court decided this year to open the electoral process to floods of money from corporate interests, it provoked a vehement public backlash. But Citizens United v. FEC was just the tip of the iceberg of a decade of rulings—some high-profile and some less noticed— made by a Court that has been disturbingly deferential to corporate interests. A new People For the American Way Foundation report outlines the rise of the corporate court under Chief Justice Rehnquist and the new life it has taken on in the Roberts court.

Americans across the spectrum have been startled and appalled by the Citizens United decision, which will "open the floodgates for special interests—including foreign companies—to spend without limit in our elections," as President Obama said in his 2010 State of the Union Address. According to a Washington Post nationwide poll, more than 80% of the American people reject the Court's conclusion that a business corporation is a member of the political community entitled to the same free speech rights as citizens.

Yet, the Court's watershed ruling is the logical expression of an activist pro-corporatist jurisprudence that has been bubbling up for many decades on the Court but has gained tremendous momentum over the last generation. Since the Rehnquist Court, there have been at least five justices—and sometimes more—who tilt hard to the right when it comes to a direct showdown between corporate power and the public interest. During the Roberts Court, this trend has continued and intensified. Although there is still some fluidity among the players, it is reasonable to think of a reliable "corporate bloc" as having emerged on the Court.

Take a look at the full report here.
 

PFAW

Kyl disagrees with 69% of Americans on SCOTUS nominee

In his remarks on the retirement of Justice John Paul Stevens, President Obama alluded to his displeasure (which he hasn’t exactly been keeping secret) with the Supreme Court’s ruling in Citizens United v. FEC. Now the GOP is crying “litmus test”:

Senate Minority Whip Jon Kyl (R-Ariz.) invoked Supreme Court Chief Justice John Roberts’s name in a Senate floor speech Tuesday warning Obama not to nominate someone who would be an automatic vote against corporate interests. He made it clear such a nomination could provoke a GOP filibuster.

“The big corporation might have the right law and facts in a particular case,” said Kyl, who noted that Roberts in his own confirmation hearing said that in a dispute between a “big guy and little guy” he would vote for whoever had the law behind him.

“You don’t go on to the bench [saying], ‘I’m always going to be against the big guy,’ ” said Kyl.

Kyl’s straw man argument not only misconstrues Obama’s words, but shows how out of touch his party has become with the American people. A People For poll in February found that a full 78% of Americans—from across the political spectrum— believe that corporations should be limited in how much they can spend to influence elections, with 70% believing that corporations already have too much influence. And asked whether President Obama should nominate a Supreme Court justice who supports limiting corporate spending in elections, 69% said yes.

And just this week, a candidate running on a platform that included a Constitutional Amendment to overturn Citizens United won a resounding victory in a congressional special election in Florida.

Given that kind of evidence, Senator Kyl might want to rethink his decision to make himself a champion of corporate interests over the rights of ordinary Americans.
 

PFAW

Virginia's New Radical Right Governor Begins His Assault

Pat Robertson's man in the Virginia State House, Governor Bob McDonnell, has been in office less than a month and is already delivering on the Religious Right's agenda ... at the expense of Virginians' civil rights.

A February 5 executive order from the 'Gov stripped gay and lesbian state workers of protections against job discrimination. It was that simple: signing an order that prohibits discrimination based on nearly every category except sexual orientation (which had been included under McDonnell's predecessor, Gov. Tim Kaine). The move has already been praised by Radical Right groups like Tony Perkins' Family Research Council.

This is a painful, cringe-inducing "I told you so" moment that brings no satisfaction to anyone and certainly no desire to gloat. It's a sad reminder that when we snooze, we lose -- in this case, progressive voters snoozing has led to LGBT Virginians losing, but rest assured, there will be more to come and enough misery to go around.

Bob McDonnell's opponent in the gubernatorial race was Creigh Deeds, who failed to inspire his progressive base. Deeds campaign ran away from progressive values instead of embracing and fighting for them, and the Democratic ticket paid the price on Election Day. Deeds got the Democratic nomination in the first place because of dreadful turnout, particularly among progressives, in that party's primary election.

The other lesson we must take away is that we must EXPOSE right-wing candidates for what they are. This need makes organizations like PFAW and blogs like RightWingWatch very important. McDonnell is an undoubtedly intelligent and charismatic politician. He seems like a very nice guy, a good family man and emanates a sincerity that might be genuine. But this persona belies his radical beliefs.

McDonnell could rightly be called a "wolf in sheep's clothing" for running a campaign that avoided the polarizing issues on which his Religious Right agenda is focused. But the evidence was there all along. He was elected, in part, due to progressives' and Democrats' failure to expose his true radical right-wing inclinations despite a wealth of evidence.

His master's thesis (at Pat Robertson's Regent University, which itself should have been portrayed as a bigger red flag to VA voters) espoused extremely radical views. It became a major campaign issue for his opponent Deeds but somehow McDonnell was able to diffuse it by saying those were the views of a younger, less lived and learned version of himself. He was 34 YEARS OLD when he wrote the thesis, though, and hardly some naïve kid. McDonnell's record as Attorney General and statements he had made in the past, as well as his close connection to Pat Robertson, should have been additional red flags.

But here we find ourselves, with LGBT Virginians taking the first of what will likely be many blows to their basic rights throughout Gov. McDonnell's tenure. And it's not only Virginians who are going to suffer.

McDonnell has been unleashed onto the national political scene too. Americans already have enough fear from hatemongers like Sarah Palin, Rick Santorum and others who threaten America with their potential candidacy for president. Now, we have Bob McDonnell (Pat Robertson's protégé!!!) who is clearly being groomed to be a national leader of the Republican Party after he gave the GOP response to President Obama's State of the Union Address -- a response that was very well executed and positioned the articulate family man McDonnell as what one would imagine to be a Tea Party activist's ideal alternative to our current president. (The fact that McDonnell is white is sadly of central importance in the GOP's ploy, but that's a topic that deserves further dissection in another post).

It's been said that we get the government we deserve, based on who we vote for or whether or not we choose to vote at all. But no one deserves a governor like Bob McDonnell. And the likes of Pat Robertson and Tony Perkins certainly do not deserve to have their errand boy serving them up one wish list item at a time wrapped all pretty with a bow on it.

Progressives stay at home on Election Day at all of our peril. And that goes for the primaries especially. The progressive "base" can't just be the voters whose turnout makes the difference for Democrats in general elections (young voters, low-income voters, etc.). People who truly embrace what it means to be progressive need get out there and stand up for our values within the political party structure. If there's one thing this current crop of Democratic members of Congress has made all too clear, it's that no one else is going to assert those values (the same ones that made and continue to make America great, I might add) if we don't do it in the voting booth.

We must do better.

In the meantime, we need to keep an eye on Governor Bob McDonnell, lest he follow the path of another perceived "every man" who was strong on "family values" and played the part of a "uniter, not a divider." That "every man," George W. Bush, served up the most radical right-wing policies of any modern president and was quick to empty the nation's treasury into the pockets of war profiteers and his other corporate sponsors. Let's learn from the past.
 

PFAW

Justice Alito: Words v. Actions [VIDEO]

The media spent much of last week obsessing over Justice Samuel Alito's injudicious show of disapproval during the State of the Union. They went a bit overboard to be sure, but were it not for that, millions of Americans may have missed the Citizens United ruling entirely.

Citizens United, as you probably know, opened up elections to unlimited corporate spending. The 5-4 decision overturned a century of precedent and was made possible by Justice Alito -- President Bush's nominee to replace moderate Sandra Day O'Connor.

Sorely absent from last week's coverage was how far Alito's actions on the bench have departed from his words as a nominee. With that in mind I've pulled some relevant clips from the confirmation hearing.

Alito praised the principle of stare decisis (respect for precedent) throughout his hearing but hasn't let it prevent him back brashly overruling longstanding decisions. Here, in conversaton with Senator Orrin Hatch (R-UT), he argued that the court should take limited actions and use its ability to overrule precedent sparingly:

HATCH: Does that mean that the Supreme Court should perhaps be even more cautious, even more self-restrained, since there is no appeal from any errors that they might make?

ALITO: I think that's a solemn responsibility that they have. When you know that you are the court of last resort, you have to make sure that you get it right. It is not true, in my judgment, that the Supreme Court is free to do anything that it wants. It has to follow the Constitution and it has to follow the laws. Stare decisis, which I was talking about earlier, is an important limitation on what the Supreme Court does. And although the Supreme Court has the power to overrule a prior precedent, it uses that power sparingly, and rightfully so. It should be limited in what it does.

Alito frequently said that his judicial philosophy discourages him from reaching overly broad decisions when a narrower ruling is possible. Yet he and the other conservatives went far out of their way in order to strike down as many restrictions on corporate influence in elections as possible. Here, still speaking to Senator Hatch, Alito praised narrow rulings and noted that court rulings on consitutional grounds often cannot be undone by Congress (indeed, we are coming up against that limitation now with Citizens United):

ALITO: Because a constitutional decision of the Supreme Court has a permanency that a decision on an issue of statutory interpretation doesn't have. So if a case is decided on statutory grounds, there's a possibility of Congress amending the statute to correct the decision if it's perceived that the decision is incorrect or it's producing undesirable results. I think that my philosophy of the way I approached issues is to try to make sure that I get right what I decide. And that counsels in favor of not trying to do too much, not trying to decide questions that are too broad, not trying to decide questions that don't have to be decided, and not going to broader grounds for a decision when a narrower ground is available.

Alito also made a good show of deference to the elected branches of government, arguing that the role of a judge is to interpret the law, not make public policy. He clearly disregarded these remarks to Senator Jeff Sessions (R-AL) when he joined with four other judges to strike down decades of legislation passed by Congress and signed into law by the President:

SESSIONS: But we really want the court to be more modest and to draw back from some of its intervention and policy issues that are causing much angst around the country. You want to comment on that? Otherwise, Mr. Chairman, I would yield my time.

ALITO: Well, Senator, I think your policy views are much more legitimate than the policy views of the judiciary because members of Congress are elected for the purpose of formulating and implementing public policy and members of the judiciary are appointed for the purpose of interpreting and applying the law.

PFAW

Justice Alito Begs to Differ

If you watched the State of the Union last week, you probably saw Justice Samuel Alito take exception to President Obama's entirely accurate characterization of the Supreme Court's decision in Citizens United v. FEC.

Some people were outraged by Justice Alito's lack of decorum, but not E. J. Dionne in the Washington Post.

Alito did not like the president making an issue of the court's truly radical intervention in politics. I disagree with Alito on the law and the policy, but I have no problem with his personal expression of displeasure.

On the contrary, I salute him because his candid response brought home to the country how high the stakes are in the battle over the conservative activism of Chief Justice John Roberts's court.

Hopefully, Justice Alito's actions at the State of the Union will help feed the conversation about the damage done by the Court's decision in Citizens United and what can be done to fix it.

PFAW

Obama: Repeal 'Don't Ask, Don't Tell'

In last night's State of the Union Address, President Obama pledged to work with Congress and the military to repeal "Don't Ask, Don't Tell" this year.
 

Thousands of activists joined People For the American Way in urging the President to include the repeal of "Don't Ask, Don't Tell" in the defense budget proposal he sends to Congress early next month.
 

While it's not yet clear what the vehicle is going to be for repeal, the President's strong statement last night is an indication that he's getting the message. Now, it's up to the Obama administration to deliver on last night's pledge and it's up to all of us to make sure that it does.
 

We can't slack up in our fight to make sure that the administration and Congress advance pro-equality reforms this year. Anti-LGBT discrimination in the military, the workplace and, yes, in the institution of civil marriage must be addressed by this president and this Congress without delay.
 

You can join the fight for equality at:
 

PFAW

Obama Nominates First Openly Gay EEOC Commissioner

President Obama recently nominated Chai Feldblum to the Equal Employment Opportunity Commission.  She'll be the first openly gay person to hold that post.

Feldblum, a law professor at Georgetown University Law Center, previously served as legislative counsel to the AIDS Project of the American Civil Liberties Union, where she played a role in the drafting of the Americans with Disabilities Act of 1990.

"She has also worked on advancing lesbian, gay, bisexual and transgender rights" and "been a leading expert on the Employment Nondiscrimination Act," according to a biography released by the White House.

Her degrees are from Harvard Law School and Barnard College, and she went on to clerk for Judge Frank Coffin on the First Circuit Court of Appeals and Supreme Court Justice Harry A. Blackmun.

Of course, the Right Wing has lost no time at all in branding her "general counsel to the Forces of Darkness."  Stay classy, you guys.

PFAW

A Historical Perspective on Right Wing Paranoia

In Sunday’s Washington Post, historian and journalist Rick Perlstein offers up an insightful historical perspective on the teabaggers, birthers, and deathers who’ve been thrust to the forefront by the media, claiming to speak for all Americans in opposition to everything from health care reform to President Obama’s citizenship.

One parallel: When the 1964 Civil Rights Act was introduced, opponents said that it would “enslave” whites. Those claims don’t sound much nuttier than the allegations that a health care provision to help senior citizens who want to write a living will would actually have created “death panels.”

When John F. Kennedy entered the White House, his proposals to anchor America's nuclear defense in intercontinental ballistic missiles -- instead of long-range bombers -- and form closer ties with Eastern Bloc outliers such as Yugoslavia were taken as evidence that the young president was secretly disarming the United States. Thousands of delegates from 90 cities packed a National Indignation Convention in Dallas, a 1961 version of today's tea parties; a keynote speaker turned to the master of ceremonies after his introduction and remarked as the audience roared: "Tom Anderson here has turned moderate! All he wants to do is impeach [Supreme Court Chief Justice Earl] Warren. I'm for hanging him!"

Before the "black helicopters" of the 1990s, there were right-wingers claiming access to secret documents from the 1920s proving that the entire concept of a "civil rights movement" had been hatched in the Soviet Union; when the landmark 1964 Civil Rights Act was introduced, one frequently read in the South that it would "enslave" whites. And back before there were Bolsheviks to blame, paranoids didn't lack for subversives -- anti-Catholic conspiracy theorists even had their own powerful political party in the 1840s and '50s.

We’ve all heard the saying that history repeats itself. Perlstein’s analysis is, without a doubt, a must read.
 

PFAW

Proposition 8: Open Season on Minorities?

We’re all waiting to see how the California Supreme Court rules on the constitutionality of Proposition 8. Equality advocates argue that stripping lesbian and gay people of the right to marry was what California law calls a revision: a constitutional change so fundamental that it should not have been allowed on the ballot without first being approved by a constitutional convention or a legislative supermajority.

In contrast, Proposition 8’s far right supporters claim it was a constitutional amendment: a non-fundamental change that properly went directly to the voters. Supporters of Prop 8 have also loudly condemned equality advocates for going to court after the election, saying that such a move is illegitimate because the people have already spoken.

The Right is wrong on both counts.

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Maine Becomes Latest State to Make Gay Marriages Legal

Today, Maine became the latest state to affirm the freedom to marry for same-sex couples, joining Massachusetts, Connecticut, Iowa, and Vermont when Gov. John Baldacci signed into law LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom. People For the American Way applauds Gov. Baldacci for recognizing that this is about fairness and equal protection under the law for all citizens of Maine. In a public statement, Gov. Baldacci said:

“In the past, I opposed gay marriage while supporting the idea of civil unions. I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.

“Article I in the Maine Constitution states that ‘no person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person’s civil rights or be discriminated against.’

“This new law does not force any religion to recognize a marriage that falls outside of its beliefs. It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State.

“It guarantees that Maine citizens will be treated equally under Maine’s civil marriage laws, and that is the responsibility of government.”

This news comes a day after the D.C. Council voted 12-1 to recognize same-sex marriages performed in other states. Congratulations to the Maine Legislature and all those who are working hard to make fairness and equality for same-sex couples in Maine a reality.

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