Voting

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.

 

PFAW

PFAW Denounces Voter Suppression Laws

At yesterday’s press conference on Capitol Hill, People For the American Way joined with Rev. Jesse Jackson, 12 other national civil rights organizations and numerous members of Congress to denounce the draconian and suppressive voting measures that have been enacted or are being considered by states across the country.

These laws, which create strict voter ID requirements, will have the effect of disenfranchising over 20 million potential voters who do not have any form of government-issued identification. Voters targeted by this legislation are disproportionately minority, low-income, disabled, elderly or student voters – all populations that the measures’ proponents see as an obstacle to their agenda. Strict voter ID measures have been introduced in more than half of the states so far this year, and Kansas, Tennessee, Texas, South Carolina and Wisconsin have already passed the legislation.

Of course, past investigations of voter fraud in this country have come to a startling conclusion: it doesn’t exist.  Even during a five-year campaign by President Bush’s Justice Department to prosecute voter fraud, only a few dozen people were ever convicted.  In most cases, they had cast votes without knowing they weren’t eligible.

We believe that it is every eligible American’s constitutional right to cast a vote that counts on Election Day. Efforts to prevent students, minorities, and disabled, elderly or low-income individuals from engaging in our nation’s civic and political life will not be tolerated and are simply not the American Way. People For the American Way is committed to fighting these suppressive voting measures alongside our civil rights allies and will continue to work with our network partners across the U.S. to ensure that every eligible American is able to exercise their constitutional right to vote.

Courtesy of the Lawyer's Committee for Civil Rights Under Law, the following map shows vote suppression legislation by state:

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

Deceitful Robocalls Added to List of Dirty Election Tricks in Wisconsin

The Wisconsin GOP has been going to great lengths to sabotage efforts to conduct fair and open recall elections in Wisconsin. Instead of honestly putting their candidates against the Democrats and letting the voters decide between the two, they are running fake Democratic candidates in the primaries in an attempt to confuse voters and draw out the process. They have even distributed posters designed to encourage Republican voters to participate in the Democratic primary and vote for their planted candidates.

Adding to the list of dirty tricks, reports are surfacing that a “Right to Life” group is robocalling Wisconsin Democrats and telling them not to go to the polls today, and instead to wait for an absentee ballot to arrive in the mail. This is false, as July 12 is the last day to cast a vote in the Democratic primary, and there is not enough time to cast a vote by mail. Apparently, the robocalls are coming from a 703 area code (Virginia).

We do not know yet exactly who is ultimately responsible for these calls, and even if an individual is caught and takes the fall, we may never find out who’s really pulling the strings. Whoever they are, they are obviously people in synch with the right wing agenda of Governor Walker and the Koch Brothers. Disenfranchising voters by tricking them into not voting is a tried and true method of voter suppression. So is finding excuses at the polling place to keep certain people from voting, as GOP-pushed voter ID laws do. What all the tactics we see in Wisconsin have in common is that the right wing is pulling out the stops to prevent the people from exercising their constitutional right to remove them from office.

PFAW

Wisconsin News Round-Up, 07/11


Today's news from Wisconsin:

  • Democrats in the Wisconsin state legislature got their first look at the new district map, which shamelessly ignored the law and [] redistricted Democrats out of their districts. John Nichols at the Nation has a great piece explaining how the Republicans put their political interests above the law: for example, in flouting a law which requires the state legislature to wait until local governments have drawn their own maps, designed to ensure “communities are not cut up for partisan purposes.” Democrats are now suing, calling it a ‘naked power grab’, and with Democratic candidate Nancy Nusbaum being drawn out of her district by half a block[] it’s hard to disagree with that characterization. Currently, state legislature plans to vote on the maps next Tuesday.
  • Continuing on the theme of Republicans being unable to win on the issues, GOTV efforts are being made in several districts encouraging Republicans to vote for the fake Democrats in tomorrow’s sham primary.
  • From the Desperation Files, we have Luther Olsen and his campaign’s underwhelming attempt at spinning his dire fundraising numbers. His campaign has attacked Fred Clark for not having enough contributors in the district – despite that small, irrelevant fact that Clark has more contributors in the district than Olsen. I suppose that’s what happens when your opponent has over twenty times as many contributors as you do, Luther.
  • Concerns about the impact of the new voter fraud law (or, the Let’s Solve a Problem That Doesn’t Exist Law) on voter turnout continue to mount: Andrea Kaminski of League of Women Voters of Wisconsin Education Fund is worried that rumors about what to expect at the ballot will discourage voters. The city of Glendale will only be opening one of its polling places for tomorrow’s primary, although it will open all polling places for the August 9th general.
  • A nice look at the GOP candidates’ tax hypocrisy from the WisconsinGazette.com.
  • Finally, take a moment to think of poor Sen. Robert Cowles, who may be being bullied into supporting Walker’s radical agenda. Because while families are being forced to make sacrifices and struggling to make ends meet, the worst thing Robert Cowles has to fear is a primary challenge and fewer campaign contributions from big corporations. Don’t you feel sorry for him?

 

PFAW

Ohio Republicans End All Pretense that Voter ID is About Fraud

As if  Republicans’ stated justification for Voter ID laws – to prevent the non-existent epidemic of voter fraud – wasn’t weak enough, a new proposal in the Ohio House has eliminated any pretense that these types of laws are not about suppressing the vote of those who typically lean Democratic.

Even if a voter is properly registered, she must cast her ballot in the correct precinct in order for it to count. Now, Ohio Republicans have inserted language into their voter ID bill stating that poll workers need not direct a voter to the correct polling place should they show up at the wrong location. According to Think Progress:

Allowing poll workers to refuse to help those who are legitimately confused about where they should vote opens the door for increased voter suppression. As state Sen. Nina Turner (D) pointed out, “Voting in the wrong precinct led to over 14,000 registered voters statewide to lose their vote in 2008.” Rating the statement “true,” Politifact reports:

[T]he second most common reason the ballot was not counted was because while the person was properly registered to vote in Ohio, they cast the ballot in the wrong county or precinct. In all, 14,335 such ballots were not counted for this reason, according to the Brunner report.

As the Cleveland Plain Dealer pointed out, mixing up precincts “most often occurs” in “urban and impoverished areas of the state,” leading Turner to sarcastically suggest of Republicans, “I guess the loss of votes for some doesn’t matter.”

This makes it absolutely clear that the Republicans and Gov. John Kasich have no interest in the “integrity of the vote.” They just want to make sure they get more of them, by any means necessary.

h/t Crooks and Liars

PFAW

NH and OH Reject Voter-Disenfranchisement Bills

New Hampshire Gov. John Lynch vetoed a proposed voter-ID law that would have required voters to show a photo ID before casting a ballot. In rejecting the proposal, Gov. Lynch called out the law for what it was – an expensive, anti-democratic solution for a problem that doesn’t exist:

The right to vote is a fundamental right that is guaranteed to all citizens of this State under the United States and New Hampshire Constitutions. An eligible voter who goes to the polls to vote on Election Day should be able to have his or her vote count on Election Day. SB 129 creates a real risk that New Hampshire voters will be denied their right to vote.

Voter turnout in New Hampshire is among the highest in the nation, election after election. There is no voter fraud problem in New Hampshire. We already have strong elections laws that are effective in regulating our elections.

Just yesterday, the Ohio Senate adjourned without voting on a similar bill, lacking the necessary votes to move it forward. Voter ID laws are being pushed in at least 36 states, according to a report by the Voting Rights Institute, at a potential cost of $828 million – quite a staggering sum for the allegedly budget-conscious Republicans who have proposed all of these bills. These bills highlight a cynical desire to disenfranchise certain groups of people – primarily minorities, students and the elderly – who don’t necessarily tend to vote the “right” way.

PFAW

PFAW asks DC’s residents and supporters to head to the White House this Saturday

The House Appropriations Committee convened this morning at 9:30 am to consider the DC appropriations bill that the DC subcommittee passed last week. We are currently waiting for word on whether any DC riders were added, in addition to those already included in the bill concerning reproductive freedom and public education.

As PFAW continues to wait for news, I’ve asked DC residents and DC rights supporters from the greater metro area to join us at Saturday’s White House Rally for DC Democracy.

Dear PFAW Activist,

Washington, DC residents, who already lack voting representation in Congress, have been treated even more like second-class citizens by this Republican Congress, adding insult to injury.

Republicans used the budget deal earlier this year to attack DC home rule and District women's access to healthcare. They banned the use of local funds (NOT federal tax dollars) from being used for reproductive healthcare for low-income women.

Now, Republicans are threatening a series of "policy riders" on the DC appropriations bill for 2012 that would micro-manage the lives of DC residents from our classrooms to our safety to our health, having already passed more attacks on women's health and public education.

So much for the "party of small government."

Please join us, along with DC residents and DC rights supporters from the greater metro area, THIS SATURDAY, at 11:00am at the White House to tell President Obama to stand up for DC.

Let the president know that this attack on DC residents' fundamental rights is a deal breaker. Both he and the Democratic leadership in the Senate need to stand up for the nearly 600,000 residents of our nation's capital -- come out this Saturday and let them know it.

When: Saturday June 25, 2011, 11:00 AM - 1:00 PM
Where: Lafayette Square (outside White House), 16th & H St NW
Metro: Farragut West (Orange & Blue lines)

Click here to RSVP with our friends at DC Vote. We hope to see you there!

-- Jen Herrick, Senior Policy Analyst

PFAW and AAMIA continue to believe that enough is enough – the people of DC deserve a voice. For more information, please click here.

PFAW

Indictments in Maryland Voter Suppression Case

On Election Day last year, while the polls were still open, Maryland Democrats received telephone calls late in the day telling them that Democratic Governor Martin O'Malley had won reelection, so they could "relax" (i.e., not vote). It was soon discovered that the calls were generated by an operative working for the campaign of O'Malley's Republican opponent, former Governor Bob Ehrlich. Yesterday, criminal indictments were handed down against a close Ehrlich aide and a political operative for their efforts to suppress the African American vote. According to the Washington Post:

One of former Maryland governor Robert L. Ehrlich Jr.'s most trusted aides and a campaign consultant were accused Thursday of orchestrating tens of thousands of anonymous election-night robo-calls last year that prosecutors said were part of a larger attempt to suppress the black vote.

Paul E. Schurick, 54, Ehrlich's de facto campaign manager, and Julius Henson, 62, a paid consultant, were indicted on multiple counts of election law violations stemming from an automated call that was placed to more than 110,000 Democrats in Baltimore and Prince George's County, according to prosecutors.

...

The indictments might be the first in the country involving Election Day attempts to suppress voting using robo-calls, experts said. The case also appears to be a rarity nationwide, one in which prosecutors might have the physical evidence necessary to prove intent to commit voter suppression, experts said.

...

"There is a long history in urban areas of people passing out fliers that say Republicans vote on Tuesday and Democrats vote on Wednesday, and specifically in Maryland of ploys telling people if you owe tickets or back child support that you can't vote," [Gilda Daniels, an elections law expert at the University of Baltimore Law School] said. "But this isn't someone printing off fliers that can't be easily tracked. These are phone calls, and there are records of them."

The Baltimore Sun provides some more details:

The indictment describes a document titled "The Schurick Doctrine" and says that it was "designed to promote confusion, emotionalism, and frustration among African-American Democrats."

The indictment quotes from the document: "The first and foremost desired outcome [of the Schurick Doctrine strategy] is voter suppression."

While the criminal case progresses, Maryland Attorney General Doug Gansler is pursuing a civil suit in federal court:

Gansler alleges that the robocalls were made with the intent to suppress and intimidate voters in predominately African-American Democratic neighborhoods. The attorney general says 112,000 such calls were made on election night, and if found to be violations, each carries a $500 fine.

PFAW

PFAW and AAMIA react to DC approps, reaffirm support for White House rally

Last week, DC Delegate Eleanor Holmes Norton hosted a press conference on Capitol Hill in defense of her city. Speaking out against several policy riders that have been passed or threatened by conservatives in Congress, Delegate Norton, DC Mayor Vincent Gray, DC Vote, and members of the civil rights community, including People For the American Way and African American Ministers in Action, voiced their support for autonomy and the right to self-government for the people of the District of Columbia.

PFAW and AAMIA just got their first glimpse of the FY12 DC appropriations bill. While some issues were spared, other riders are in.

Roll Call:

The bill that funds the District includes a provision restricting the city from spending federally appropriated and locally collected funds on abortion services, except in cases where the mother’s life is in danger or the pregnancy was a result of rape or incest.

It also includes $60 million for a federally funded, private-school voucher program, a key priority for Boehner.

Delegate Norton warns that we’re not out of the woods on any issue.

The introduction of the bill is only the first step in a long appropriations process, and action by the new national coalition is essential as the bill goes to committee and to the floor.

We are currently waiting for news from the first of the committee meetings.

PFAW President Michael B. Keegan recently noted:

Rather than address the many complex issues facing our nation, House Republicans are choosing to threaten women's constitutional rights by attacking choice and preventive care, and they are taking every chance they get to force their social priorities on the people of Washington, DC.

And while there is no doubt that educational opportunities and standards must be improved across the country, allocating money to private schools at the expense of public school students is not the way to succeed. Public dollars must continue to fund public services.

PFAW and AAMIA continue to believe that enough is enough – the people of DC deserve a voice. We hope that voice will be heard loud and clear on June 25 at the White House Rally for DC Democracy, organized by our friends at DC Vote.

Date: Saturday, June 25, 2011

Location: Lafayette Square Park, 16th Street & H Street NW (in front of the White House)

Time: 11:00 AM - 1:00 PM

Click here to RSVP, and here to learn about additional opportunities to support DC Vote on June 25.

As you may know, there have been dozens of civil disobedience arrests this year of citizens who stood up for the District’s right to self-govern. Neither PFAW nor AAMIA are organizing a civil disobedience action for June 25. If you need assistance, you may contact DC Vote directly.

For more information, please click here.

PFAW

PFAW and AAMIA condemn riders, sponsor White House rally

Last week, DC Delegate Eleanor Holmes Norton hosted a conference on Capitol Hill in defense of her city. Speaking out against several policy riders that have been passed or threatened by conservatives in Congress, Delegate Norton, DC Mayor Vincent Gray, DC Vote, and members of the civil rights community voiced their support for autonomy and the right to self-government for the people of the District of Columbia.

Michael B. Keegan, President, People For the American Way:

The extreme social policies that threaten Washington, DC are yet another example of the hypocrisy of the GOP leadership . . . We hope that the Senate and President Obama will join us and say that enough is enough – the people of DC deserve a voice. Our democracy demands nothing less.

Leslie Watson Malachi, Director, African American Ministers in Action:

The people of Washington, DC are tired of being taken advantage of . . . It’s time to end the institutional repression of Washingtonians, and in the meantime, it’s time for Congress to stop playing political games with the lives of those who make their home in our nation’s capital.

Today, PFAW and AAMIA have taken their actions one step further by sponsoring the White House Rally for DC Democracy on June 25, organized by our friends at DC Vote.

Date: Saturday, June 25, 2011

Location: Lafayette Square Park, 16th Street & H Street NW (in front of the White House)

Time: 11:00 AM - 1:00 PM

Click here to RSVP, and here to learn about additional opportunities to support DC Vote on June 25.

As you may know, there have been dozens of civil disobedience arrests this year of citizens who stood up for the District’s right to self-govern. Neither PFAW nor AAMIA are organizing a civil disobedience action for June 25. If you need assistance, you may contact DC Vote directly.

For more information, please click here and here.

PFAW

PFAW Foundation Honors Young, Progressive Elected Officials

Saint Paul City Councilman Melvin Carter and Wisconsin State Senator Chris Larson

Last weekend, about 200 young, progressive elected officials gathered in Washington at the sixth annual convening of PFAW Foundation’s Young Elected Officials Network. The Network, which includes over 600 state and local elected officials from across the country, honored five of its own who have done exceptional work in their communities over the past year.

City Councilman Melvin Carter of St. Paul, Minnesota was awarded the YEO Network’s Barbara Jordan Leadership Award. The award, named after PFAW Foundation co-founder Barbara Jordan, honors “a young elected official who has shown dedication and support to the YEO Network and has a distinguished record of public service to their community and the progressive movement at large.”

Carter, who is now the YEO Network’s Minnesota state director, became involved in politics after his brother was turned away from a Florida polling place in the 2000 elections. As an elected official, he has continued to work for voting rights and for equal rights and opportunity in his community. In 2009, Carter founded the Frogtown/Summit-University Community Investment Campus, a partnership between city, county, school, and community leaders to support high quality education outcomes for all children. Another priority of his is transit equity: he’s working to create opportunities for local businesses and affordable housing along a planned light rail line in St. Paul.

PFAW Foundation’s president, Michael Keegan, presented the Presidential Award of Distinction to Wisconsin State Senator Chris Larson, one of the state senators who left the state this winter to try to prevent a union-busting law from being passed. Larson has been a strong voice for working people in Wisconsin and around the country.

South Dakota State Senator Angie Buhl was awarded the YEO Network Leadership Award for her deep commitment to the YEO Network and People For the American Way Foundation. Sen. Buhl, who is the youngest member of South Dakota’s legislature, is a graduate of both of PFAW Foundation’s youth leadership programs, Young People For and the Front Line Leaders Academy.

Florida State Representative Dwight Bullard was awarded the YEO Progressive Leadership Award for his commitment to fighting for justice and opportunity in the Florida legislature. Representative Bullard is a fierce advocate for both education and immigration reform.

Massachusetts State Representative Sean Garballey was awarded the YEO Community Service Award for his commitment to servant leadership. In 2009, Rep. Garballey donated his share of a pay increase to state legislators to charity, because he did not believe it was fair for his pay to increase while the staff that works tirelessly to support him was being forced to take furloughs. He has also been active in supporting recovery efforts in Haiti after last year’s devastating earthquake.

PFAW

Republicans Across the Country Work to Disenfranchise Voters

In the buildup to the 2012 election, Republican legislatures across the nation are implementing a tactic many hoped would die with the signing of the Voting Right Act of 1965 -- silencing the voices of those who disagree with them by simply not allowing them to vote. GOP legislators in at least 20 states are working hard to push through restrictive voter-ID laws that all but disenfranchise large, traditionally Democratic segments of the electorate. These laws would require voters to show a government issued photo ID at the polling place, something 11% of US citizens currently lack.

The facts are firmly against such laws. Voters are more likely to be struck by lightening than to commit fraud, and the Bush Justice Department’s five-year “War on Voter Fraud” resulted in only 86 convictions out of nearly 200 million votes cast (a rate of .0000004%). Furthermore, these laws are expensive to implement, wasting millions of dollars in a time when most states are under severe budgetary restraints. So why would Republicans advocate for such an obviously unnecessary law?

Politics, of course.

While 11% of the general population lack government issued photo ID, the number jumps dramatically when looking at traditionally Democratic segments of the population. A study by the Brennan Center for Justice notes that 15% of low-income citizens, 18% of young eligible voters, and 25% of black voters lack identification that would allow them to vote under these new laws. In addition, such ID is more difficult to obtain for these parties, many of whom can’t drive to the DMV to get an ID or lack the supporting documents, such as a birth certificate, necessary to receive an ID.

In Wisconsin, Gov. Scott Walker just signed a bill that will require voters to show photo identification at the polls. This bill has provoked outrage amongst Wisconsin Democrats, with Stephanie Findley, chair of the Wisconsin Democratic Party Black Caucus, declaring:

Our proud tradition of open elections and high voter turnout will suffer. And with a stroke of the pen, thousands of African-American citizens will no longer be able to vote, solely because of their lack of identification. We now return to the days before the Voting Rights Act, where literacy tests and poll taxes were the rule.

This is backed up by the numbers. Fewer than half of African Americans in Milwaukee County hold ID that would be accepted at the polls, as compared to 83% of whites.

Florida already had a photo identification law in place, but Gov. Rick Scott recently signed a bill that goes even further, making it more difficult for third-party voter registration organizations to operate. Some such organizations, such as the non-partisan League of Women Voters, are pulling out of Florida all together, claiming the law will make it impossible to operate within the state.

In addition to making life difficult for voter-registration organizations, the new law also stops voters from making out-of-county address changes at the polls, making it more difficult for college students to vote, and shortens the early voting window from 14 days to eight. Five counties in Florida governed by the 1965 Voting Rights Act are declining to implement the new law, waiting for Justice Department approval before making any changes.

Early voting in also being targeted by Republican officials in North Carolina, who are studying how it helped Barack Obama win that state in 2008.

PFAW

Murkowski Shows Her Colleagues How to Keep One's Word with Liu Vote

As a bit of follow up to Michael's post about the Goodwin Liu vote, it is worth noting that Sen. Lisa Murkowski was the ONLY Republican senator to break with her party and do the right thing, voting to move the nomination forward to a full floor vote.

In 2005, she said, “Let me make it clear that I support an up-or-down vote on all nominations brought to the Senate floor, regardless of the president nominating them or which party controls the Senate.”

Murkowski said in a statement after today's vote, "I stated during the Bush Administration that judicial nominations deserved an up or down vote, except in ‘extraordinary circumstances’ and my position has not changed simply because there is a different president making the nominations."

Sen. Murkowski deserves to be thanked for her consistency, and for sticking to a commitment that many in her party also made but abandoned.

PFAW

It's Time to Confirm Goodwin Liu

The Senate is currently debating the nomination of Goodwin Liu to the Ninth Circuit Court of Appeals. Liu is a phenomenally well qualified legal scholar who has support across the political spectrum, as well as among a majority of U.S. Senators. However, because Senate Republican leaders are putting politics over all else, they are set on stymieing the majority and filibustering the nomination. A cloture vote to end this stalling tactic may occur as soon as tomorrow morning.

People For the American Way supports the nomination. We sent a letter this morning that says much of what we have been saying in person on the Hill for over a year. Among other things, the letter states:

Perhaps the most powerful testament to Professor Liu's superb qualifications is the extensive support his nomination has garnered from across the ideological spectrum. It is not only progressive and moderate legal thinkers who admire his work: He has received endorsements from conservatives such as Ken Starr, Solicitor General under President Ronald Reagan; Richard Painter, the chief ethics counsel for President George W. Bush; and Clint Bolick, Director of the conservative Goldwater Institute.

When a judicial nominee attracts such strong support independent of political ideology, you can be confident that he is exactly the kind of mainstream, talented, and fair jurist we need on the federal bench.

Although Liu has the support of a majority of senators, his opponents are working to block his nomination from receiving an up or down vote. Their claim is that Liu's nomination constitutes one of those rare "extraordinary circumstances" warranting a filibuster, under the benchmark developed by the Gang of 14 during the George W. Bush Administration.

By no measure can this nomination be considered to even approach "extraordinary circumstances." Even a cursory look at President Bush's nominees who were approved using that test – those whose nominations were not considered to constitute "extraordinary circumstances" – makes clear that Liu's nomination must be permitted to go forward.

  • Pricilla Owen's dissenting positions on the Texas Supreme Court were so extreme that even her fellow conservatives on the Supreme Court in different cases described them with phrases like "an unconscionable act of judicial activism," "disregard of the procedural elements the Legislature established," "def[ying] the Legislature's clear and express limits on our jurisdiction," and "inflammatory rhetoric." Her nomination was not considered extraordinary, and the Senate afforded her an up-or-down vote for a seat on the Fifth Circuit, where she is now serving.
  • Thomas Griffith pushed to severely curtail laws ending discrimination against women and girls' participation in school athletic programs, declaring "illegal" a test upheld by all eight of the nation's Circuit Courts of Appeals that had considered the issue. He was also suspended from the DC Bar for failure to pay mandatory Bar dues yet continued to practice law in the District during that time. Published reports and an examination of Utah law indicated that he had been engaged in the unauthorized practice of law in Utah for the four years prior to his nomination. Nevertheless, the Senate did not consider Griffith's nomination extraordinary, and he received an up-or-down vote confirming him to a seat on the DC Circuit Court of Appeals.
  • Janice Rogers Brown criticized opposition to the Lochner decision, which began the period when the Supreme Court issued its most pro-corporate rulings—rulings that struck down laws requiring minimum wages, regulating working hours and conditions, and banning improper business practices. In addition, despite several Supreme Court rulings to the contrary, she explicitly suggested that Title VII of the 1964 Civil Rights Act is unconstitutional. Despite this record, her nomination was not considered an "extraordinary circumstance," and the Senate was allowed to cast an up-or-down vote, confirming her to the DC Circuit Court of Appeals.
  • William Pryor called Roe v. Wade "the worst abomination of constitutional law in our history" and urged Congress to consider repealing or amending Section 5 of the Voting Rights Act. Despite the significant opposition that these and other extreme positions garnered, his nomination was not filibustered, and he was confirmed to the Eleventh Circuit Court of Appeals.

Each of these nominees attracted substantial controversy and was opposed by numerous civil rights and civil liberties groups, but not one was found to constitute "extraordinary circumstances."

The claim that Goodwin Liu is out of the mainstream as compared to any of these nominees simply does not bear scrutiny. In fact, a fair reading of his work makes clear that Liu is well within the judicial mainstream.

By any standard articulated by either party, Goodwin Liu's nomination deserves a vote on the Senate floor, and he should be confirmed to the Ninth Circuit Court of Appeals.

Tomorrow, we will learn which Republican senators are willing to toss logic, consistency, principles, and the good of the nation's court system out the window in order to score political points against a Democratic president.

PFAW

Wisconsin GOP Moves to Disenfranchise Students and Seniors Just in Time for Recall Elections

In July, Wisconsin voters will start heading to the polls for a series of elections to recall several of the GOP state senators who voted to bust the state’s public employee unions. But the Wisconsin GOP, true to form, has a sneaky plan: they’re trying to change the voting rules to prevent many college students, senior citizens and others without official state IDs from casting votes in the recall election.

Wisconsin’s Voter ID bill, which if passed will kick in just before the recall elections, is one of 22 similar state-level bills currently in the works. Think Progress summarizes Wisconsin’s bill:

Wisconsin’s bill requires voters to use a driver’s license, state ID, military ID, passport, naturalization papers or tribal ID at the polls. Though student IDs are technically permitted, none of the colleges or universities in the state currently use IDs that meet the requirements listed in the bill. And as state Sen. Bob Jauch (D) notes, 175,000 seniors (70 percent of whom are women) do not have driver’s licenses and may have to “get a ride at least 50 miles round trip to obtain an identification card to enable them to continue their constitutional right to vote.” What’s more, the bill will cost the state more than $5.7 million to implement — at a time when Gov. Scott Walker (R) is claiming the state is broke and needs to restrict public employees’ collective bargaining rights to survive.

I can’t imagine that attempting to disenfranchise thousands of voters will do much to endear these lawmakers to Wisconsin’s citizens…but that won’t really matter if they can prevent enough people from casting votes.

 

h/t FireDogLake

PFAW

Boehner to Consider Ending Subsidies to Big Oil

House Speaker John Boehner has finally acknowledged what Americans have known for a long time yet Congressional Republicans don’t seem to understand: the immensely profitable energy industry really doesn’t need federal subsidies, particularly when eliminating these needless giveaways would save our cash-strapped treasury up to $45 billion over the next decade.

“It’s certainly something we should be looking at,” Mr. Boehner said in an interview with ABC World News. “We’re in a time when the federal government’s short on revenues. They ought to be paying their fair share.”

Boehner goes on to say that President Obama is to blame for high gas prices, so voters will register their frustrations by voting against him in 2012. However, it’s more likely that Americans will feel similarly frustrated with the knowledge that while they are writing their check to the IRS each year and watching Congress cut the programs that matter most, huge companies are receiving enormous subsidies while raking in record profits. We would all be better off if Congress redirected these favors to big business toward creating jobs for the middle class.

Also, while we're at it, requiring the country’s biggest companies to pay more than $0 in taxes would make sense too.

PFAW

Citizens United Freed Corporations to Politically Pressure Employees

The Supreme Court’s decision in Citizens United v. FEC, which allowed corporations to spend unlimited amounts of money on politicking, has caused ripples of sometimes unexpected consequences – from the toppling of long-established state laws to the rise of secretive corporate spending groups that operate outside the reach of disclosure laws. Now The Nation has uncovered another destructive consequence of the decision:

On the eve of the November midterm elections, Koch Industries sent an urgent letter to most of its 50,000 employees advising them on whom to vote for and warning them about the dire consequences to their families, their jobs and their country should they choose to vote otherwise.

The Nation obtained the Koch Industries election packet for Washington State [1]—which included a cover letter from its president and COO, David Robertson; a list of Koch-endorsed state and federal candidates; and an issue of the company newsletter, Discovery, full of alarmist right-wing propaganda.

Legal experts interviewed for this story called the blatant corporate politicking highly unusual, although no longer skirting the edge of legality, thanks to last year’s Citizens United Supreme Court decision, which granted free speech rights to corporations.

“Before Citizens United, federal election law allowed a company like Koch Industries to talk to officers and shareholders about whom to vote for, but not to talk with employees about whom to vote for,” explains Paul M. Secunda, associate professor of law at Marquette University. But according to Secunda, who recently wrote in The Yale Law Journal Online about the effects of Citizens United on political coercion in the workplace, the decision knocked down those regulations. “Now, companies like Koch Industries are free to send out newsletters persuading their employees how to vote. They can even intimidate their employees into voting for their candidates.” Secunda adds, “It’s a very troubling situation.”

The Kochs were major supporters of the Citizens United case; they were also chief sponsors of the Tea Party and major backers of the anti-“Obamacare” campaign. Through their network of libertarian think tanks and policy institutes, they have been major drivers of unionbusting campaigns in Wisconsin, Michigan and elsewhere.

“This sort of election propaganda seems like a new development,” says UCLA law professor Katherine Stone, who specializes in labor law and who reviewed the Koch Industries election packet for The Nation. “Until Citizens United, this sort of political propaganda was probably not permitted. But after the Citizens United decision, I can imagine it’ll be a lot more common, with restrictions on corporations now lifted.”

PFAW

States’ Rights! Smaller Federal Government! But Not for DC

We should have known what was coming in January when the House GOP, in one of its first acts in the majority, took away the limited floor voting rights of the District of Columbia’s one delegate in Congress. The move was depressingly ironic coming from a party that had swept to power on a movement that claimed to echo the spirit of the American Revolution and its call for “no taxation without representation.” But the irony was lost on most of the GOP, and, it seems, hasn’t been found yet.

Today, the House will vote on whether to spend $100 million of federal tax dollars over five years to impose a school voucher program in the District that doesn’t work and that the local government doesn’t even want. The voucher program, which funnels federal money to religious schools, is a pet project of House Speaker John Boehner, who has shown no qualms about cutting other education programs—including Head Start and Title I grants for low-income school districts.

A similar program was eliminated in 2009 after it was found to be ineffective in increasing student achievement, and DC’s mayor and non-voting congressional delegate both oppose reinstating it.

The voucher bill, expected to pass in the House, is the latest in a string of House GOP efforts to use DC as a pawn in the culture wars. The GOP’s radical anti-choice bill, HR 3, includes a provision that would prevent DC from using its own, locally raised tax dollars to provide abortion services. And now, Rep. Jim Jordan, leader of the 176-member Republican Study Group, is pushing for a bill that would overturn the District’s law allowing gay and lesbian couples to marry.

And this is on top of efforts to overturn DC’s local decisions on gun control and its needle exchange program.

Just to be clear, an elected body in which DC residents have no voting representation has decided to spend its time imposing programs the city doesn’t want, overturning its laws, and deciding how it can spend its own local tax dollars. Somebody call the Tea Party – I bet they’ll be furious.

PFAW

Update from the Frontlines in Ohio: Voter ID Bill Could Affect Poor and Minority Populations

Poor and minority populations are again under attack in Ohio. With Ohioans putting all of our efforts into stopping Governor Kasich and Republican leaders from destroying workers’ rights, we’re being blindsided by a very troubling bill aimed at limiting access to the ballot box. Ohio’s new Voter ID bill, HB 159, which requires every voter to present a valid government issued photo ID in order to vote, sailed through the Ohio House of Representatives last week. This bill would put up unnecessary road blocks to the voting process and almost certainly cause mass confusion during next year’s presidential election.

Georgia’s Secretary of State, Brian Kemp, was Skyped in last week to testify to the Ohio House in favor of Voter ID restrictions. When asked by an Ohio legislator how many cases of voter fraud in Georgia led to the state’s Voter ID bill, he said “I don’t have a number in front of me,” adding, “It’s hard to put a number on it because you didn’t know that fraud was happening.” We then heard in-person testimony from the Deputy Secretary of State of Indiana (the same state where the current Secretary of State has been recently indicted on voter fraud). His answer to the same question was, “I can’t give you a number, however there were 2 people arrested in Indiana for voter fraud and no evidence of dead people voting.”

It costs between $21.75 and $25.75 to obtain an Ohio driver’s license. Should you need to purchase a birth certificate in order to get a drivers license, there’s an additional cost of $21.50. Paying somewhere between $40 and $50 is an unnecessary burden for many Ohioans in this uncertain economy. Imagine having to choose between paying for a state identification in order to vote and paying an overdue utility bill before disconnection. That’s not the kind of choice Americans should have to make.

In addition, racial minorities, the working poor, students and people with disabilities are twice as likely to lack a non-expired government photo ID.

In 2005, Ohio passed a law that imposed stricter ID requirements than federal law. Now, Ohio may become the most restrictive voting state in the country since this bill does not even permit voters to produce other forms of identification found to be acceptable in states that require identification. This bill would have national implications, considering Ohio’s historical position as “the” deciding state when determining the outcome of Presidential elections.

Shouldn’t we be making voting more accessible instead of making it restrictive and exclusive to a select group of people? The Republican Secretary of State doesn’t even support this bill, so why is the legislature pushing it through? The answer one Republican House member gave is, “Because we can.” As Ohio Representative Mike Foley put it, "There were 3,956,245 votes cast in the 2010 general election and there was one instance of voter fraud out of all of these votes cast. So we’re looking to spend somewhere in the $10-20 million range to deal with a .00000025 percent problem." With an $8 billion budget shortfall, we should be seeking ways to spend less money, particularly on a problem that doesn’t exist.

PFAW