vote

To Defeat Obama, A Simple, Dishonest Plan

We’ve been covering a number of attempts by state GOP lawmakers to prevent traditionally Democratic voters from casting votes that count – including a flood of new laws requiring photo ID to vote.

But all those are nothing compared to what Pennsylvania’s GOP-controlled legislature is considering: changing the state’s system of apportioning electoral votes so that even if President Obama wins the state’s popular vote in 2012, he’d take less than half of its electors. Nick Baumann at Mother Jones reports:

The problem for Obama, and the opportunity for Republicans, is the electoral college. Every political junkie knows that the presidential election isn't a truly national contest; it's a state-by-state fight, and each state is worth a number of electoral votes equal to the size of the state's congressional delegation. (The District of Columbia also gets three votes.) There are 538 electoral votes up for grabs; win 270, and you're the president.


Here's the rub, though: Each state gets to determine how its electoral votes are allocated. Currently, 48 states and DC use a winner-take-all system in which the candidate who wins the popular vote in the state gets all of its electoral votes. Under the Republican plan—which has been endorsed by top Republicans in both houses of the state's legislature, as well as the governor, Tom Corbett—Pennsylvania would change from this system to one where each congressional district gets its own electoral vote. (Two electoral votes—one for each of the state's two senators—would go to the statewide winner.)


This could cost Obama dearly. The GOP controls both houses of the state legislature plus the governor's mansion—the so-called "redistricting trifecta"—in Pennsylvania. Congressional district maps are adjusted after every census, and the last one just finished up. That means Pennsylvania Republicans get to draw the boundaries of the state's congressional districts without any input from Democrats. Some of the early maps have leaked to the press, and Democrats expect that the Pennsylvania congressional map for the 2012 elections will have 12 safe GOP seats compared to just 6 safe Democratic seats.


Under the Republican plan, if the GOP presidential nominee carries the GOP-leaning districts but Obama carries the state, the GOP nominee would get 12 electoral votes out of Pennsylvania, but Obama would only get eight—six for winning the blue districts, and two (representing the state's two senators) for carrying the state. This would have an effect equivalent to flipping a small winner-take-all state—say, Nevada, which has six electoral votes—from blue to red. And Republicans wouldn't even have to do any extra campaigning or spend any extra advertising dollars to do it.
 


Baumann adds:

Nebraska and Maine already have the system the Pennsylvania GOP is pushing. But the two states' small electoral vote values mean it's actually mathematically impossible for a candidate to win the popular vote there but lose the electoral vote, says Akhil Reed Amar, a constitutional law professor at Yale University. Pennsylvania, however, is a different story: "It might be very likely to happen in [Pennsylvania], and that's what makes this something completely new under the sun," Amar says. "It's something that no previous legislature in America since the Civil War has ever had the audacity to impose."

In theory, there’s nothing wrong with apportioning electoral votes by congressional district like Maine and Nebraska do – but when the strategy is combined with political gerrymandering and applied only selectively it becomes decidedly undemocratic. That Pennsylvania Republicans are not planning to divvy up the state’s electoral votes to match the percentage breakdown of the popular vote indicates that this has nothing to do with reflecting the will of the people, and everything to do with aggressive anti-democratic power plays.

The plan, though dishonest, is perfectly legal – and available to a number of large states now controlled by GOP legislatures.

The plan seems almost too convenient for the Pennsylvania GOP, but I wonder if it would backfire – suppressive laws like voter ID requirements can be hidden under made-up “voter fraud” threats, but what excuse could a legislature come up with for a plan to make every single Democratic voter in the state count for less? I’d like to think that once fair-minded Pennsylvanians get a whiff of this, they won’t let their legislature get away with it.

h/t Digby’s Hullabaloo
 

PFAW

North Carolina Puts Anti-Equality Amendment on the Ballot

North Carolina’s Senate today passed a measure to put an anti-marriage equality constitutional amendment on next year’s ballot. North Carolina is currently the only Southeast state that hasn’t amended its constitution to ban same-sex marriage, although it already has a statutory ban.

State anti-marriage amendments like North Carolina's are often put on the ballot to boost turnout for other elections – the Bush administration, for instance, was active in getting 11 anti-marriage amendments on state ballots in 2004.

What is remarkable about these amendments is that they change state constitutions to take away rights from citizens, while the traditional role of state and federal constitutions has been to guarantee rights for citizens, especially those who may not be popular among the majority.

It’s sad to see yet another state putting the rights of a minority at the mercy of a majority vote.

 

PFAW

Republican-Appointed Former Judge: Speed Up Judicial Confirmations

Timothy K. Lewis, a George H.W. Bush nominee who served on the Third Circuit Court of Appeals from 1992 through 1999, offers some perspective on how judicial confirmations were handled before they became mired in hyper-partisan gridlock:

Nineteen years ago, in the fall of 1992, I was nominated by President George H. W. Bush for a seat on the United States Court of Appeals for the Third Circuit. My confirmation hearing lasted one hour. In fact, I had no time to prepare for it. As a federal district judge, I was in the courtroom, charging a jury, when my secretary burst in with the news that my Senate hearing was to be the very next day. That is how much notice I had. When the vote was called only a few days later, I was unanimously confirmed.

Don’t get me wrong. This is not to celebrate me. It is to reflect on a better time for our politics and ask how things went so wrong. Among the 192 Article III judges confirmed during the elder Bush’s presidency, only David Souter and Clarence Thomas faced confirmation battles (with Thomas undergoing a very difficult confirmation battle). But, of course, they were under consideration for the Supreme Court.
 

Compare that now with the Obama administration. The president has had only 96 Article III nominations confirmed and 55 others remain in limbo, awaiting Senate action. They are stuck in a process that should by all constitutional standards remain rigorous, but shouldn’t it also be productive? In the same period of time, George W. Bush had 322 confirmed nominees and Bill Clinton had 372 confirmed.

The Obama administration was slow out of the gate on this one – nominations trickled forth in the early days of the administration when the President’s team should have been well-prepared with the names of nominees. But a considerable amount of the fault for this also has to be laid at the feet of Republicans who have made it a badge of honor to frustrate this President, himself a man of the law, from shaping the federal courts he inherited from George W. Bush. If you doubt this conclusion, reflect for a moment on the Senate minority leader’s comment shortly before the 2010 mid-term election when he said that the top – top — political priority over the next two years should be to deny President Obama a second term in office. Really, Senator? So where on the priority list do we put conducting the Senate’s constitutional business?

The gridlock in judicial nominations has been one of the less-noticed bits of collateral damage from the congressional GOP’s scorched-earth policy. But it has caused very real harm to Americans seeking justice in courts around the country -- there are currently 37 judicial emergencies in the federal courts in areas where the sitting judges are too overworked to provide prompt access to justice. Last week, Senate Republicans made an exception to their gridlock rule to fill the most publicized of those emergencies: the seat of Arizona Judge John Roll, who was murdered in the Phoenix shooting that critically injured Rep. Gabrielle Giffords. Roll had stopped by the Giffords event to tell the congresswoman about the urgent need to fill vacancies on the court.

Senate Republicans’ commitment to delay was made particularly clear when they refused to allow a floor vote on 20 pending nominees, most of whom had advanced with no opposition. The Senate GOP’s foot-dragging on judicial nominees is clearly meant to hobble the president’s attempts at basic governance and preserve the dominance of conservative George W. Bush-appointed judges. But it also amounts to the shirking of a basic duty of the Senate: to fill the judiciary with capable, non-politically-motivated judges.
 

PFAW

Senate Republicans Only Delayed Four of Five New Nominees Today!

This morning, Republicans on the Senate Judiciary Committee did something they have done only a handful of times: They exercised their discretion NOT to obstruct one of President Obama's judicial nominees.

The Committee was scheduled to vote on ten nominations this morning. With only four exceptions during the entirety of Obama's presidency, Republicans have exercised their prerogative to delay a committee vote for judicial nominees, even when those nominees are unopposed and are desperately needed to address burgeoning judicial emergencies. It is part of their larger strategy to throw sand in the wheels of the confirmation process in every way possible.

This morning, they did not request a delay for Jennifer Guerin Zipps, who has been nominated to be a district judge in Arizona. What makes Guerin Zipps different? The seat is a judicial emergency, but that has not mattered before. The nominee is unopposed, but even nominees without opposition and with the strong support of their Republican home-state senators have seen their votes delayed.

Only one thing makes this nomination different: Republicans know that the American people are paying attention, because this is to fill the seat that was held by Judge John Roll, who was among those killed in Tucson last January when Congresswoman Gabrielle Giffords was shot. Roll was seeking to meet Giffords to discuss the worsening caseload crisis overwhelming the area's federal judges. Americans were appalled by the violence, which brings this particular vacancy far more public attention than usual.

Knowing the American people are somberly watching, Senate Republicans declined to play political games with this nomination.

Not surprisingly, for all the other nominations that were scheduled for a committee vote for the first time this morning, they demanded a needless delay.

PFAW

‘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

The Play Rick Perry Didn’t Want Performed

The Austin Chronicle has set up a new Twitter account devoted exclusively to digging up old stories on the shenanigans of Texas Gov. Rick Perry. They’ve pulled up some good stuff, including this story from last year on the governor’s involvement in shutting a planned student production of a controversial play at Texas’ Tarleton State University.

The play in question was Terrence McNally’s Corpus Christi, which provoked a furor from Religious Right groups when it was first released in 1998 because of its depiction of a gay Christ. The production was canceled after the playwright and theater staff received death threats, but it was later reinstated – with metal detectors at the door. People For the American Way Foundation was among the groups defending the right of the play to be put on in peace at the time, staging "A Quiet Walk for the First Amendment" in front of the theater on opening night.

How times have not changed. When a student at Tarleton State started working on a production of Corpus Christi last year, he ran up against opposition from none other than Texas’ Lieutenant Governor, David Dewhurst. Dewhurst issued a press release attacking the student production as a “lewd display” and “morally reprehensible to the vast majority of Americans.” The backlash unleashed by Dewhurst’s statement was so strong that the professor in charge of the show ultimately decided to cancel it and three other student productions because of “safety and security concerns for the students.”


While Perry’s deputy was the public face of the opposition to the show, the Chronicle dug up a tidbit from the Texas GOP website that made it clear that the governor himself was not only aware of but also involved in the censorship effort:


In a "thank you" note on the Texas GOP Vote website, Conservative Republicans of Texas President Steve Hotze gives credit (a-hem) to Dewhurst for his moment of censoriousness, but then adds this interesting little factoid:


We also owe a debt of gratitude to Governor Perry for his behind the scenes work to stop the play at Tarleton State. Ray Sullivan, the Governor’s Chief of Staff, was notified of the play on Thursday and after discussing it with the Governor, the necessary steps were taken to ensure that its performance was canceled.


This all brings to mind the GOP’s latest successful censorship attempt, targeting a recent exhibition about gays and lesbians in American Art at the National Portrait Gallery. Like the criticism of Corpus Christi, the criticism of the exhibit centered on both its acknowledgement of gay people and on a depiction of Christ that some on the Religious Right found objectionable. The groups targeting the exhibit were led by the far-right Catholic League, which also, not coincidently, was a leader in the fight against the original production of Corpus Christi.

The success of Religious Right censorship campaigns depends, in a large part, on the willingness of elected officials to play along. In the 1980s and 1990s, Jesse Helms took on the role of censorship champion. In the most recent Smithsonian scandal, John Boehner and Eric Cantor were more than willing to echo the complaints of far-right groups like the Catholic League. And if Perry’s involvement in the Tarleton Corpus Christi incident is any indication, if he were president he would be happy to lend his hand to similar efforts.

PFAW

Ongoing Focus on GOP Obstruction of Judicial Nominations

Since President Obama took office, Republican obstruction of his judicial nominees has been multifaceted, unstinting, highly partisan, hypocritical, and unprecedented in scope. When the Senate left town at the start of the month, Republican leaders prevented the Democrats from scheduling a vote on 20 extremely qualified nominees who had cleared the Judiciary Committee.

Yesterday, the White House Blog called attention to the obstruction and to the highly qualified and diverse federal bench that the president is working to build:

[T]he President's nominations for federal judges embody an unprecedented commitment to expanding the racial, gender and experiential diversity of the men and women who enforce our laws and deliver justice.

Unfortunately, the delays these nominees are encountering on Capitol Hill are equally unprecedented: earlier this month, the Senate left for its August recess without considering 20 eminently qualified candidates, 16 of whom had passed through the bipartisan Senate Judiciary Committee completely unopposed, a development the Washington Post called "not only frustrating but also destructive" in an editorial published yesterday.

As the Republicans know, their intransigence is exacerbating a destructive vacancy crisis in federal courtrooms, one that is making it harder and harder for Americans to secure their rights:

The victims of these delays, of course, are the American citizens who are being denied the fair and timely judicial proceedings they deserve because of the chronic shortage of federal judges on the bench. Stephen Zack, president of the American Bar Association, told Senate leaders in a recent letter that the abundance of vacant federal judgeships "create strains that will inevitably reduce the quality of our justice system and erode public confidence in the ability of the courts to vindicate constitutional rights or render fair and timely decisions."

Click here to see the White House's infographic highlighting the obstruction and its consequences for families and businesses. It shows that:

  • The average wait time between committee approval and confirmation has leapt from 29 days for George W. Bush's circuit court nominees to an incredible 151 days for President Obama's.
  • For district court nominees, a 20-day wait for Bush's nominees has become a 103-day wait for Obama's.
  • Judicial vacancies have grown from 55 in 2009 to 91 today.
  • People are forced to wait an average of more than two years for a civil jury trial.
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

Wisconsin Recalls -- The Final Results

The recall process is finally over with, but the fight for middle class families continues.

This all started when Wisconsin's governor Walker and the Republican legislature tried to ram through extremist legislation ending or reversing 50 years of collective bargaining rights. This after never having campaigned on that platform in the 2010 elections.

14 courageous Democrats fled the state to prevent quorum in the State Senate, delaying a vote on the measure, but the Republicans forced it through anyway. Then came more pieces of ALEC-supported, right-wing legislation, like a vote-suppressing voter ID law.

All of this activated voters and we beat back the Right Wing with two resounding victories for the Democrats in both of today’s State Senate races. Bob Wirch defeated Republican Jonathan Steitz with 58% to 42%. In the 12th District, Holperin, who won with 54% to challenger Kim Simac's 46%.

I went door-to-door to help get out the vote with PFAW's Political Director Randy Borntrager. Enthusiasm was high, with most we spoke to having already voted. Having met the voters who are affected by Walker's policies, we've come to realize even more how important it was to send this message in these elections, to show Walker that Wisconsinites won't sit back and let Republicans threaten their children's future. More importantly, though, it reminded us that the road beyond the elections is the most crucial one. We are thrilled to have been involved in the recall elections, but the fight doesn't stop here. The fight only stops when extreme Republicans can no longer jeopardize Wisconsinites' – and ALL Americans’ – futures for the benefit of their friends at big corporations.

PFAW

Update From the Field: Fighting to Preserve Our Gains in Wisconsin!

I'm here in Wisconsin with PFAW's Political Director Randy Borntrager, helping get out the vote to defend Democratic State Senators Jim Holperin and Bob Wirch in today's recall election. Yesterday we spent the day canvassing in Jim Holperin's district, starting in We Are Wisconsin's campaign office in Antigo, who sent us to into Shawano County. We spent almost 8 hours driving around the area, delivering literature and knocking on doors to make sure people know how important these elections are. We met some fantastic folks in the predominately Mohican community of Bartelme, including the local medicine man, who said he'd been telling all his friends to vote for Holperin and would be giving rides to people who needed them to get to the polls. The enthusiasm out there is so inspiring: we saw dozens of Holperin for Senate signs, in towns and on country gravel roads, and the folks at the We Are Wisconsin office in Antigo were working hard to keep Jim Holperin in the Senate defending Wisconsin's working families.

Having driven the 300 miles from Holperin's district to Wirch's district, we're setting up in Kenosha right now, ready to help get voters to the polls. We'll be working hard until polls close at 8pm tonight.

Some pics from the field -- canvassing and campaign offices ...

PFAW

Tonight: Second Round of Recall Elections in Wisconsin

Two Wisconsin Democrats, Sens. Bob Wirch and Jim Holperin, are defending their seats tonight against Republican challengers. Holding these seats would put the Democrats just one vote away from a majority in the Senate – and provide an excellent position to hold the Republicans’ feet to the fire and push back against their extreme pro-corporate, anti-middle class agenda.

These elections are more than a referendum on specific legislators: it’s clear that Wisconsin voters, and Americans across the nation, are taking a stand against the priorities of Gov. Scott Walker and his ilk: slashing the right to pursue fair wages and benefits through collective bargaining, stacking the cards in our elections to disenfranchise minorities, students and the elderly, or cutting regulations to help big corporations reap even more profits while our environment, health and safety suffers.

Whatever the outcome, one thing is clear: the pro-corporate agenda won’t continue to get a free pass at the expense of working families any longer.

PFAW

Wisconsin News Round-Up, Election Day Edition

Today is Election Day in six districts across Wisconsin, and we’re hoping for a strong turnout. There are great liveblogs and chats with on-the-ground reports at Patch, Blue Cheddar and dane101. If you live in Wisconsin, make sure you vote before polls close at 8pm tonight, and if you have any problems voting or concerns about voter suppression, you can call 1-866-OUR VOTE and report them. Remember, a photo ID is not required to vote today, even though voters will be asked for it. You can thank Scott Walker for that one.

We’re all hoping for some wins tonight, but the real victory will be when Wisconsinites can send their children to well-funded public schools, and when their elected representatives don’t cut funds to the programs that ordinary people need in order to “balance the budget”, all while giving deficit-exploding tax breaks to the biggest corporations and wealthiest individuals. Whatever the result, the message to Walker and his corporate friends has been sent: the people of Wisconsin aren’t going to stand by and let the Republicans’ war on working families continue. Walker and extreme Republicans like him across the country are hoping that we’ll see tonight as the end of our efforts. It’s our job to make sure he doesn’t get his wish.

PFAW

Wisconsin News Round-Up, 8/8

  • Polls open in Wisconsin in less than 24 hours, and we can’t afford to stop now. If you live in Wisconsin and want to help get out the vote, sign up at We Are Wisconsin’s website. People outside the state can go to http://calloutthevote.com/ to make calls to Wisconsin voters from home. We Are Wisconsin has knocked on 125,000 doors in just the last few days, but there’s still plenty more work to be done before polls close tomorrow at 8pm CDT. Regardless of the outcome of tomorrow’s election, though, the most important thing to come out of these recalls will remain the same: the hard work of thousands of ordinary Wisconsinites standing up to fight against Walker’s extreme agenda, and to fight for teachers, students, seniors and working families who are struggling to get by. In an election with such intense national interest, extreme Republicans across the nation will have to take notice that the people won’t put up with an agenda like Walker’s. It may feel like tomorrow is the end, but in reality, it’s just the beginning.
  • Showing just how seriously the big corporations and right wing extremists are taking this election, the Tea Party Express rolled into Wisconsin over the weekend, bringing with them offensive comparisons between progressives and, of course, the Nazis. Additionally, this being the Tea Party, they got the location of their rallies wrong, listing a Thiensville rally as a Milwaukee rally. Facts are boring, though.
  • Stephen Colbert did a brilliant segment on the recalls and Americans for Prosperity’s misleading absentee ballot mailers last week. In further news on those mailers, it seems their reach was much more widespread than previously thought.
  • In a bit of good news, the DMV closures we reported on before are being halted for now.
PFAW

The Slow Pace of Diversity in the Courts

NPR reports today on President Obama’s unprecedented efforts to bring diversity to the federal bench:

The White House says almost half of the 97 candidates who have won confirmation during Obama's presidency are women; about a quarter are black. And Obama has nominated four openly gay people, more than any other president. He's also doubled the number of Asian-American judges on the bench.

Obama continued that pattern earlier this week when he nominated Adalberto Jose Jordan to serve on the U.S. Court of Appeals for the 11th Circuit and Miranda Du, an Asian American who lived in a refugee camp in Malaysia for almost a year as a child before coming to the U.S., for the district court in Nevada.

But that strategy may have a cost, says Caroline Fredrickson, who leads the American Constitution Society and has been following the judge nominees closely.

"Obama is nominating many more diverse nominees than his predecessors ... strikingly so," Fredrickson says. "But the nominees are not getting confirmed with the same kind of success."

Some of the longest waiting nominees, Louis Butler of Wisconsin, Charles Bernard Day of Maryland and Edward Dumont of Washington happen to be black or openly gay.

"For women and minorities, it's just been a bigger hill to climb before they actually get a vote," Fredrickson says. "And so for whatever the reasons, the facts speak for themselves."

Yes, the facts do speak for themselves. PFAW, in a memo released Tuesday, calculated that so far, the president’s women and minority nominees have waited on average 22 percent longer for a Senate confirmation vote than white men.

But the Senate’s slow pace confirming women and minority nominees has fed into a larger, equal opportunity obstruction agenda. As of Tuesday, there were 89 open seats on the federal judiciary, 37 of which had been designated as “judicial emergencies.” Pending on the Senate floor were 24 nominees who the Senate could easily have voted on, 21 of whom had no recorded opposition whatsoever in committee. Yet Republicans allowed a vote on only four of them. Twenty are still waiting for votes allowing them to take their posts.
 

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.

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Another Dirty Trick in Wisconsin? AFP Sends Out Absentee Ballot Applications with Wrong Return Date

This one is particularly shameless:

Americans for Prosperity is sending absentee ballots to Democrats in at least two Wisconsin state Senate recall districts with instructions to return the paperwork after the election date.

The fliers, obtained by POLITICO, ask solidly Democratic voters to return ballots for the Aug. 9 election to the city clerk "before Aug. 11."

A Democrat on the ground in Wisconsin said the fliers were discovered to be hitting doors in District 2 and District 10 over the weekend.

"These are people who are our 1's in the voterfile who we already knew. They ain't AFP members, that's for damn sure," the source said.

If this is true, AFP will be only the latest right-wing organization to try to influence the outcome of Wisconsin’s recall elections by tricking the other side into not voting. But AFP is no unknown fringe group – backed by the influential and well-connected Koch brothers, the group spent millions of dollars last year running often-misleading ads in contentious congressional districts

AFP’s alleged absentee-ballot trick comes as the Wisconsin GOP is attempting to use statutory means to keep low-income people, youth and seniors from accessing the ballot. The state’s Republican legislature and governor have passed a Voter ID bill that will require voters to present government ID at the polls, setting up a hurdle for the 175,000 seniors and many students and low-income people who don’t have the proper documents. Gov. Scott Walker then moved to close DMV offices – where those without IDs could obtain them for a fee -- in several heavily-Democratic areas.

The Right likes to harp on the dangers of “voter fraud” – individuals going to great lengths to vote in the wrong districts, an exceptionally rare occurance. But the bigger problem has always been voter suppression, or systematically keeping large groups of people from accessing the ballot box. Rather than passing unnecessary Voter ID laws that keep traditionally disenfranchised people from voting, states would be better off making sure there are stringent laws against the kind of unethical and undemocratic behavior AFP is allegedly engaging in. Those who conspire to prevent Americans from exercising their constitutional right to vote should be held fully accountable.
 

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Wisconsin News Round-Up, 7/27

  • Less than two weeks out from election day, a new Daily Kos/PPP poll shows a path to victory for the Democrats: Clark is ahead of Olsen by two points, and Nusbaum and Pasch are more than holding their own against Cowles (SD 02) and Darling (SD 08). This is especially good news in SD 08, confirming a trend seen in a previous poll. It seems that the once-confident Darling is slipping: One Wisconsin Now told Greg Sargent that Club for Growth sank $400,000 right after the previous poll came out.
  • Early voting has begun, and (thanks to Walker’s ID law) will end earlier than in previous elections, on the Friday before Election Day. If you live in a recall district, make sure you vote at your local municipal clerk’s office.
  • In news from the Republican candidates, Kim Simac, running against Jim Holperin in SD 12, has some questionable comments in her past. Also, Randy Hopper is in yet more hot water over his mistress’ lobbying gig.  
  • Fred Clark faced Luther Olsen in a debate in Portage last night, with further debates scheduled tonight and tomorrow. There’s a short clip at that link.
  • More for the unfortunately large file of voter disenfranchisement news in Wisconsin: Gov. Walker is planning on closing ten DMVs around the state, making it even more difficult for voters to obtain the photo ID needed to vote, although the DMV says the decision isn’t final yet. Currently, fewer than half the counties in Wisconsin meet the requirement that photo ID services be available for 20 hours a week. This video from We Party shows how difficult it can be to obtain a photo ID even when DMVs are open. At least one Democrat says the Governor is targeting DMVs in Democratic areas for closure; a Department of Transport official counters that “the changes were based on economics, not politics.” Even if this is true, if an office needs to be open to enable citizens to exercise their democratic rights, nothing should interfere with that- not political parties, not economics and certainly not the right-wing agenda of a Governor who puts ideology (and the wishes of his friends at ALEC) before the needs of Wisconsinites. Seriously, is there anything less American than interfering with people’s right to vote?
  • Controversy surrounding the redistricting law continues. After the Senate approved the maps last week, Walker has signed a bill allowing the legislature to circumvent a law requiring them to wait until local governments have submitted their own maps. Criticism of the maps continues to mount, with even Alberta Darling distancing herself from the bill and recognizing that the courts may have to solve this one -- even though she voted for it. It might help if in future she didn’t vote for bills she thought could be unconstitutional, but that’s a small quibble.
  • State Senate Republicans are finally moving on a bill to extend jobless benefits, although they are insisting on one more jab at the unemployed, making sure to include a one-week delay for benefits. Good work, Republicans, that’ll show ‘em. If their ideology makes them disapprove of unemployment benefits in principle, that’s one thing, but no one could reasonably say a one-week delay was going to motivate people to find work (as if that was the reason people are unemployed in this economy). It’s just a gratuitous kick in the teeth from the party that doesn’t care about the struggles of ordinary Americans.
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Wisconsin GOP Employs Yet Another Vote-Suppressing Tactic

The Wisconsin GOP and conservative outside groups just keep adding to their repertoire of ways to disenfranchise voters who aren’t surefire Republicans, namely the elderly, minorities, students, and low-income voters. They’ve run the gamut from photo ID requirements to robo-calls to gutting Wisconsin’s public-financing system for elections, but a new strategy has emerged: rigging the hours of operation at the DMV to favor locations in Republican-leaning areas.

As reported by the Associated Press,

 

One Democratic lawmaker said Friday it appeared the decisions were based on politics, with the department targeting offices for closure in Democratic areas and expanding hours for those in Republican districts.

A high-ranking DOT official rejected that claim, saying the changes were based on economics, not politics.

Rep. Andy Jorgensen, D-Fort Atkinson, called on the state Department of Transportation to reconsider its plants to close the Fort Atkinson DMV center. The department plans to expand by four hours a week the hours of a center about 30 minutes away in Watertown.



Starting next year, voters must present a valid driver's license or other acceptable photo identification in order to vote. Critics of that new requirement have said it would be unconstitutional if courts determined voters couldn't easily access DMV centers where they can obtain the ID cards required in order to vote.

 

It’s telling that the extreme Right-Wing thinks that the path to winning elections is to prevent people from voting. This brings their Voter-ID campaign to a new low.

h/t Think Progress

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Stephen Colbert Takes On Repressive Voter ID Laws

Earlier this week Omari told us about Stephen Colbert's excellent "It Gets Better" video, in which Colbert dropped his hyper-conservative character and adopted a more serious approach to give teens advice on bullying. Today we have another example of his brilliance in more familiar Colbert style: a blistering take-down of voter ID laws passed by several states this year, which he correctly characterizes as laws designed to "keep the wrong people from voting." 

This segment from his show on Wednesday does a great job of pointing out the ridiculousness of saying there is in any way a significant problem with voter fraud in these states. Colbert cites the case of Ohio, where there were four instances of fraud documented last year, amounting to "a jaw-dropping 44 one-millionths of one percent" of all votes cast. As Colbert puts it, these laws seem to be aimed at "an enemy so small it could be hiding anywhere!" Colbert also points out the troubling impact these laws will have on voters: in South Carolina, 178,000 voters do not have the government-issued photo ID now needed to vote.

These laws are an egregious example of the radical right attempting to tip the rules of the game in their favor by violating the rights of citizens, and creating a false narrative of a voter fraud epidemic that simply doesn't exist.

 

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Republicans Continue to Block Consensus Nominees

The U.S. Constitution establishes a federal court system that empowers ordinary individuals to hold accountable even the most powerful people and corporations. But when people's access to courts is choked off, ordinary people lose and the already-powerful benefit. One of the most devious ways to impede access to courts is to ensure there aren't enough judges to hear cases, and that is just what Senate Republicans continue to do through their unprecedented obstruction of President Obama's judicial nominees.

The Administrative Office of the U.S. Courts reports that there are currently 38 judicial emergencies in the United States. That is an administrative designation for courts where there are so many vacancies that the remaining judges cannot effectively do their jobs. The Senate could significantly reduce that number without delay by finally having floor votes on the 25 nominees who have been reported by the Judiciary Committee.

Most of these have been pending since at least May, yet Republicans, abusing their minority position, stubbornly refuse to allow a confirmation vote. You might not guess from the GOP's insistence on delay that all of these nominees except one enjoyed strong bipartisan support in committee. In fact, 22 of the 25 were approved without recorded opposition. There is simply no good reason not to hold an immediate vote on these consensus nominees.

Thirteen of these consensus nominees would fill judicial emergencies, immediately reducing by a third the number of urgently overstressed courts.

But as long as Senate Republicans continue to sabotage the judicial branch of the United States government, more and more Americans will find themselves unable to have their day in court. That's bad for America, but good for giant corporations seeking to avoid being held accountable.

It is clear which of these two Senate Republicans are looking out for.

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