Women

Wal-Mart, Class Action, and Rules Without Remedies

One of the daunting realities of modern life is that we as individuals are confronted by far more powerful corporations. When we want to buy a product, get a job, or seek to hold a large corporation accountable for its misdeeds, our negotiating power is limited by the fact that we are individuals. In contrast, due to its eternal life, its being composed of thousands or even millions of people, and its many state-granted benefits such as limited liability, corporations have consolidated vast resources that would be impossible for any living person attain.

So when that corporation does wrong against individuals – when it engages in a pattern of illegal discrimination, sells defective products, or cheats its customers – the victims often are powerless to hold the corporation accountable unless they, too, can consolidate their resources.

That’s why class actions are so important – and why Big Business keeps asking the Roberts Court to sabotage people’s ability to band together in class actions. Earlier this term, the Corporate Court undercut class actions against consumer fraud in AT&T v. Concepcion. And Monday, it struck out against women employees seeing to hold Wal-Mart accountable for illegal employment discrimination.

Wal-Mart is the nation’s largest private employer. Several women sued the corporate giant on behalf of themselves and similarly situated women around the country - anywhere from 500,000 to 1.5 million employees. To sue as a class, they would have to show that they have claims typical of the whole group.

So that’s what they did. As Justice Ginsburg’s dissent pointed out, the district court that had certified them as a class had identified systems for promoting in-store employees that were sufficiently similar across regions and stores to conclude that the manner in which these systems affect the class raises issues that are common to all class members. The women showed that Wal-Mart has a national corporate climate infused with invidious bias against women. Wal-Mart’s policy is to have personnel decisions made by local managers, all of whom are products of that toxic corporate climate.

But the conservative majority’s 5-4 opinion, authored by Justice Scalia, went out of its way to overlook that obvious commonality, focusing instead on the differences that will inevitably be present when a corporate giant targets so many people. The Roberts Court accepted Wal-Mart's assertion that the women cannot be designated a class because the representative plaintiffs do not have claims typical of the whole group.

What this 5-4 opinion states is that Wal-Mart is so large – and the discrimination it has allegedly engaged in is so great – that its victims cannot unify as one class to hold the company accountable. Individuals or small groups are much less likely to have the resources to seek justice.

Large corporations may be licking their chops at the opportunities the Roberts Court has opened to them to violate the law. They realize that a rule without a remedy is no rule at all.

PFAW

Menendez Introduces Comprehensive Immigration Reform Bill

Senator Robert Menendez, along with Majority Leader Harry Reid and Senators Richard Durbin, Patrick Leahy, Charles Schumer, and John Kerry, today introduced the Comprehensive Immigration Reform Act of 2011. The bill creates a path to citizenship for undocumented immigrants who must meet strict requirements before waiting in line to become legal residents. The bill also addresses the continuing need for effective border security. Most notably, this bill includes the provisions for LGBT families outlined in the Uniting American Families Act, as well as the DREAM Act and AgJOBS. Here at PFAW, we’re very pleased to see such inclusive legislation being introduced.

America is a nation of immigrants, and our country’s history would be unfathomable without the men and women who have come here from all around the world. Comprehensive immigration reform will help the economy and create greater fairness and equality in our deeply flawed immigration system. We applaud these senators for their leadership in seeking to create a comprehensive and fair immigration policy. When addressing undocumented immigrants, the best thing our nation can do is to implement a stable path to legal citizenship, with equal opportunity for all, and that’s precisely what this bill does.

PFAW

YEO Network Meets with Obama Administration

UPDATE: The White House has posted some great video interviews with YEOs. 

Last Friday, 200 members of People For the American Way Foundation’s Young Elected Officials Network visited the White House to talk with Obama administration officials and meet the president. The elected officials, all progressives under the age of 35, were able to discuss their concerns about issues including the economy, immigration, health care and education with highly placed administration officials including Council of Economic Advisors Chairman Austan Goolsbee, HUD Secretary Shaun Donovan and Chief Technology Officer Aneesh Chopra. The elected officials then attended an intimate reception with President Obama.

The White House has a blog post on the event here, and below are some photos by YEO staff and network members.

(Photo: YEO Network member)

Young Elected Officials at White House policy briefing (Photo: Matthew Lesser)

President Obama speaks to the Young Elected Officials Network (Photo: YEO Network member)

 President Obama greets Young Elected Officials (Photo: YEO Network member)

 The YEO Network's Women's Caucus at the White House (Photo: YEO Network member)


The YEO Network’s Black Caucus at the White House (Photo: YEO Network member)

PFAW

Huntsman Polishes His Magic Mirror to Show GOP Voters Whatever They're Looking For

Just who is Jon Huntsman? At this stage, he is whatever anyone hopes that he will be. As he prepares to officially join the gaggle of GOP presidential candidates, his campaign strategists seem to have adopted an "all-things-to-all-people" approach: play up his conservative credentials for Republican primary voters while courting general election voters by promoting his media image as the only moderate in the race. A CNN commentator, for example, calls him "the lone standard-bearer of the center-right in a crowded GOP field." Katrina Trinko, a reporter at the conservative National Review Online, sees this all-things-to-all-people approach as a potentially winning strategy:

It remains to be seen whether Jon Huntsman can successfully be all things to all men. But if, by stressing different parts of his record, he can successfully sell himself as a moderate to centrists and a conservative to hard-liners, he could be difficult to beat.

An analysis of Huntsman's record shows that, faced with the reality that he must appeal to the increasingly far right Republican base, he is quickly trying to jettison formerly held "moderate" positions. We agree with Mississippi Gov. Haley Barbour, who has publicly rejected the notion that Huntsman is a RINO (Republican in Name Only), saying "there's no question he's a conservative."

It's worth noting that many Americans first met Huntsman when he introduced "my friend Sarah" Palin at the 2008 Republican National Convention, exulting that "history will be made tonight!" He praised her strength, tenacity, authenticity and originality, calling her a rebel and a renegade who is "not afraid to kick a few fannies and raise a little hell." Said Huntsman, "We are looking for a beacon of light to show us the way. We are looking for Sarah!"

Huntsman and the Religious Right: Ralph Reed's 'Great Friend'

There are plenty of reasons that former Christian Coalition director Ralph Reed recently introduced Huntsman to a group of right-wing activists as "a good conservative and a great friend."

In 2009, Huntsman told a reporter that he has little patience for traditional "culture war" issues, saying "I'm not good at playing those games." That sounds like a promising and refreshing break from the norm of Republican presidential candidates, but in reality he has played those "games" devastatingly well. He made his efforts to make abortion completely unavailable to women a centerpiece of his address to Reed's "Faith and Freedom Coalition" summit:

"As governor of Utah, I supported and signed every pro-life bill that came to my desk," he said. "I signed the bill that made second-trimester abortions illegal and increased the penalty for doing so. I signed the bill to allow women to know about the pain an abortion causes an unborn child. I signed the bill requiring parental permission for an abortion. I signed the bill that would trigger a ban on abortions in Utah if Roe v. Wade were overturned."

Huntsman has also appealed to the public school-hating wing of the Religious Right. In 2007, he signed a statewide school voucher bill that provided up to $3,000 in taxpayer funds for students attending private schools. That was too much even for voters in conservative Republican Utah, who rejected the attack on public education and overturned the plan through a referendum.

At Reed's recent confab, Huntsman also joined the chorus of speakers warning Tea Party conservatives not to abandon social conservatives. The Republican Party, he said, should not focus on economics to the detriment of the fight to make abortion unavailable, saying that would lead to "a deficit of the heart and soul."

Huntsman and the Economic Right: A Full Embrace of the Ryan Budget

Huntsman, who is making his tax-cutting record as governor of Utah a major campaign theme, has praised Rep. Paul Ryan's radical budget proposal as a "very, very good one." Even though Republicans have been abandoning the Ryan plan in droves, Huntsman has said that he would have voted for the Ryan budget if he were a member of Congress. He has specifically embraced the Ryan budget's plan to essentially abolish Medicare, saying the size of the national debt required drastic policy changes. However, unlike some other Republican governors, Huntsman's concerns about the debt did not prevent him from welcoming federal stimulus funds.

He embraces the Tea Party's warnings about the economy and the suggestion that the nation is being destroyed by internal enemies. He says that America is "buying serfdom" with its deficit spending. Invoking Ronald Reagan's 1964 "A Time for Choosing" speech on behalf of Barry Goldwater, Huntsman says America is at a crossroads, with voters needing to choose "whether we are to become a declining power in the world, eaten from within, or a nation that regains its economic health and maintains its long-loved liberties."

As governor, Huntsman proposed abolishing corporate taxes altogether; campaigning in New Hampshire recently, he suggested that he would cut federal corporate taxes. The 2012 campaign, he says, will determine whether the nation will endure an economic "lost decade" or "unleash the economic magic."

Moving Right on Climate Change

This month the Salt Lake Tribune examined Huntsman's shift on climate issues. Four years ago, he supported a regional cap-and-trade program, saying, "If we do this right, our citizens are going to have a better quality of life, we're going to spawn new technologies and industries, and we're going to leave our most important belongings in better shape for the next generation." That was then, as the paper noted:

But now, in a political environment rocked by recession and a rowdy tea party, and with Huntsman's eyes on a possible presidential run in 2012, his position has evolved. He's still defending the science of climate change, but he has ditched his support for cap-and-trade.

Given that most of the GOP field is in full denial on climate change, Huntsman has gotten some credit for simply acknowledging reality. "All I know is 90 percent of the scientists say climate change is occurring," he told TIME magazine. "If 90 percent of the oncological community said something was causing cancer, we'd listen to them." But, he says, now "isn't the moment" to deal with climate change.
That led the Washington Monthly's Steve Benen to comment:

This is, in general, the worst of all possible positions. Much of the right believes climate change is a "hoax" and an elaborate conspiracy cooked up by communists to destroy America's way of life. These deniers have a simple solution to the problem: ignore it and pretend there is no problem. Much of the left takes the evidence seriously, is eager to address the crisis, and has a variety of possible solutions to the problem, including but not limited to cap-and-trade plans.

Huntsman apparently wants to split the difference -- he accepts the evidence and believes the problem is real; Huntsman just doesn't want to do anything about it.

To borrow his analogy, Huntsman has heard the collective judgment of 90% of the world's oncologists, but believes it'd be inconvenient to deal with the cancer or what's causing the cancer anytime soon.

Moderate Image, Conservative Reality

Huntsman's moderate image is based in large part on his 2009 endorsement of civil unions for gay couples. Five years earlier, when campaigning for governor, he had supported a state constitutional amendment that bans marriage and "other domestic unions" for same-sex couples. Huntsman's rhetorical shift did not find its way into any policy that offers legal protection for gay couples in Utah; he still opposes marriage equality, calling himself "a firm believer in the traditional construct of marriage, a man and a woman."

Huntsman has taken some heat from far-right activists who cannot tolerate the slightest sign of heresy against right-wing dogma. But former George W. Bush official Michael Gerson thinks Huntsman's moderate media image could actually help him by setting initial expectations low among GOP activists:

The media have often covered Huntsman as a liberal Republican -- a Rockefeller reincarnation. After all, he supports civil unions. He made it easier to get a drink at a bar in Utah. This easy press narrative gives Huntsman an odd advantage in a Republican primary: He is more conservative than his image. For many Republicans, he will improve upon closer inspection.

Huntsman's campaign is just getting under way, but his positioning is already clear. Tell Religious Right activists you're one of them by emphasizing your support for the most draconian anti-choice measures. Tell the Tea Partiers you're one of them by backing Paul Ryan's radically anti-government and anti-middle-class budget. And encourage more moderate Republicans to believe you're one of them by calling for civil discourse and offering rhetorical support for short-of-equality measures for same-sex couples. It's a calculated strategy that might make some sense politically, but it seems unlikely that trying to be all things to all people provides a path to victory through the restrictive gauntlet of the Republican primaries.

Cross posted on The Huffington Post

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

Judge Won’t Vacate Prop 8 Decision, Rejects Argument that Gay Judge was Biased

Yesterday, proponents of California’s Proposition 8 went before a federal judge to argue that the ruling overturning the discriminatory law should be thrown out because the judge who issued it is gay.

Today, they were handed an epic takedown. In an order dismissing the motion to vacate the Prop 8 case, district court judge James Ware tore apart the arguments made by the anti-marriage equality lawyers who claimed that Judge Vaughn Walker’s decade-long same-sex relationship should have disqualified him from hearing the marriage equality case.

The arguments made by Prop 8’s defenders were so ridiculous (for example, see here and here) that it’s hard to pick just one part of Judge Ware’s takedown to quote, so I’ve picked out a few of my favorites.

The Prop 8 camp’s main line of argument was that the problem with Judge Walker wasn’t that he is gay but that he may at some point want to marry someone of the same sex, thereby benefiting from his own pro-marriage equality decision. This led them to partake in some celebrity-magazine style speculation about whether Judge Walker was planning to wed. Judge Ware responds that that type of speculation about a judge’s personal life isn’t enough to disqualify him from a case:

[D]isqualifying Judge Walker based on an inference that he intended to take advantage of a future legal benefit made available by constitutional protections would result in an unworkable standard for disqualification. Under such a standard, disqualification would be based on assumptions about the amorphous personal feelings of judges in regards to such intimate and shifting matters as future desire to undergo an abortion, to send a child to a particular university or to engage in family planning. So too here, a test inquiring into the presiding judge’s desire to enter into the institution of marriage with a member of the same sex, now or in the future, would require reliance upon similarly elusive factors.

Then there was the argument that Judge Walker’s long-term same-sex relationship “gave him a markedly greater interest in a case challenging restrictions on same-sex marriage than the interest held by the general public.” Judge Ware responds that in cases of fundamental rights, all members of society are affected by the outcome…in a way, turning the logic of the Prop 8 crowd (who argue that straight people will be hurt by gay marriage) on its head:

The fact that this is a case challenging a law on equal protection and due process grounds being prosecuted by members of a minority group does not mean that members of the minority group have a greater interest in equal protection and due process than the rest of society. In our society, a variety of citizens of different backgrounds coexist because we have constitutionally bound ourselves to protect the fundamental rights of one another from being violated by unlawful treatment. Thus, we all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right. One of the duties placed on the shoulders of federal judges is the obligation to review the law to determine when unequal treatment violates our Constitution and when it does not. To the extent that a law is adjudged violative, enjoining enforcement of that law is a public good that benefits all in our society equally. Although this case was filed by same-sex couples seeking to end a California constitutional restriction on their right to marry, all Californians have an equal interest in the outcome of the case. The single characteristic that Judge Walker shares with the Plaintiffs, albeit one that might not have been shared with the majority of Californians, gave him no greater interest in a proper decision on the merits than would exist for any other judge or citizen.

And then Judge Ware tells Prop 8 supporters that not all gay people think in the same way…so they can’t assume that a gay judge will come to a certain conclusion:

Finally, the presumption that “all people in same-sex relationships think alike” is an unreasonable presumption, and one which has no place in legal reasoning. The presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief. On the contrary: it is reasonable to presume that a female judge or a judge in a same-sex relationship is capable of rising above any personal predisposition and deciding such a case on the merits. The Motion fails to cite any evidence that Judge Walker would be incapable of being impartial, but to presume that Judge Walker was incapable of being impartial, without concrete evidence to support that presumption, is inconsistent with what is required under a reasonableness standard.

Ware concludes that requiring judges to recuse themselves under the standard proposed by Prop 8’s backers would lead to a “standard that required recusal of minority judges in most, if not all, civil rights cases.”
 

PFAW

Sanctimonious Santorum Continues his Assault on Women’s Rights

Rick Santorum, the former senator from Pennsylvania who announced his candidacy for president on Monday, may not have a great shot at winning the GOP nomination, but might very well succeed in moving the Republican debate on social issues even further to the right than it has already become.

Today, Think Progress caught Santorum on video expressing a truly extreme position on abortion rights. Discussing his role in bringing about the federal late-term abortion ban, Santorum dismissed exceptions meant to protect the health of the mother as “phony” and claimed that such exceptions would render the ban “ineffective”:

Heartless remarks like these have earned Santorum the reputation as one of the most hard-right politicians on the national stage. Today, People For’s Michael Keegan posted a retrospective of Santorum’s career in the Huffington Post, writing about Santorum’s history of making dehumanizing remarks about women, gays and lesbians, Muslims, and victims of sexual abuse:

Santorum has a social issues record to make the Religious Right cheer. He made a name for himself on the national scene with his attacks on gay rights, most notably in a 2003 interview comparing gay relationships with "man-on-dog" sex. (In the same interview he argued that the Constitution does not protect a right to privacy. Recently he said that allowing loving gay couples to adopt children is "trying to defy nature" and should be illegal, as should gay marriage. He says that the Obama administration's decision to stop defending the Defense of Marriage Act in federal court meant that the "free exercise of religion will be eviscerated."

Although, while in the Senate, Santorum supported the occasional pro-choice Republican, he calls Roe v. Wade a "monstrosity" and supports criminalization of abortion, which he says is the reason Social Security is in trouble. He backs right-wing attacks on funding for Planned Parenthood's family planning services, actively taking part in the right-wing propaganda campaign against Planned Parenthood. Santorum has slammed the Griswold decision, in which the Supreme Court recognized a constitutional right to privacy and overturned a state ban on contraception, as a "constitutional wrecking ball."

Santorum gave Religious Right activists a powerful tool for pushing religion into public school classrooms when he sponsored an amendment to the "No Child Left Behind" law that encouraged the teaching of intelligent design in science classes. The amendment, written in part by the creationist Discovery Institute, became a force behind creationists' bogus "teach the controversy" strategy. Santorum wrote in 2002 that "Intelligent Design is a legitimate scientific theory that should be taught in science classes." Scientists and courts disagree.

Santorum has been a severe critic of Islam from his perch at the "America's Enemies" program at the right-wing Ethics and Public Policy Center. He says Islam is incompatible with western civilization because Shariah is both a civil code and a religious code. But he also says of Christians that "it is our obligation" to make civil law in America "comport with God's laws."

Santorum has tried to get attention to his desire to be the second Catholic president by slamming the first, saying he was "appalled" by John F. Kennedy's "radical" support for the separation of church and state - a centerpiece of Kennedy's vision of America. Speaking of the Kennedys, Santorum criticized church officials for praising former senator Ted Kennedy at his funeral, saying there was "no excuse" for it and arguing that it was harmful to send the message that it was okay for Catholic politicians to dissent from church teachings.

Although Santorum has been quick to slam progressive Catholics for not hewing closely enough to the doctrine of Church hierarchy, he's shown no compunction in casting aside Church teaching when it conflicts with his extreme ideology, as he did when repeatedly supporting "enhanced interrogation" techniques like waterboarding -- which has been clearly labeled "torture" and "an intrinsic evil" by the Catholic Church. Santorum blamed the church's sex abuse scandal on the liberal political culture of Boston:

"Priests, like all of us, are affected by culture. When the culture is sick, every element in it becomes infected. While it is no excuse for this scandal, it is no surprise that Boston, a seat of academic, political and cultural liberalism in America, lies at the center of the storm."

PFAW

Constitutional Privacy Rights and Title X

46 years ago today, the Supreme Court issued its historic ruling in Griswold v. Connecticut, overturning the Connecticut state law that criminalized the use of contraceptives and recognizing that the Constitution protects the right to privacy. Five years after Griswold, Congress enacted Title X, which provides federal funding to family planning services for the uninsured and for low-income families. Griswold also paved the way for Roe v. Wade, which ruled that a woman’s choice to have an abortion was a constitutionally protected private decision.

But 46 years after Griswold, access to both contraception and abortion services are still under attack from the Right. Right-wing legislatures across the country just this year have passed numerous laws restricting women’s access to abortion. In addition, putting access to contraception and health care at great risk, Indiana last month adopted a law cutting off all state funding to Planned Parenthood.

Republicans in Congress are also going after access to contraception, in the form of Title X funding. In February, the House passed a budget bill that would put a stop to all Title X funding, including examinations to screen for sexually transmitted infections, breast cancer, and diabetes. The bill also included a provision to strip federal funding from Planned Parenthood. Those draconian provisions didn’t make it into law, but a provision preventing DC from using its own local tax dollars to help fund abortions for low-income residents did.

We’ve come a long way in 46 years…but we’re also still fighting many of the same battles to exercise the rights guaranteed to us in the United States Constitution.

PFAW

Heritage Foundation Fellow: “Welfare has served as a substitute for the male breadwinner”

“Protecting the poor should not be a partisan issue,” said Rep. Elijah Cummings (D) of Maryland Wednesday at a congressional hearing on “Duplication, Overlap & Inefficiencies in Federal Welfare Programs.” It shouldn’t, but House Republicans at the hearing seemed more concerned with cutting tiny fractions of federal spending than with the men, women, and children who suffer when the services they rely on lose funding.

The Oversight and Government Reform hearing was supposedly aimed at “duplication” in welfare programs, but witnesses and Republican members of Congress used the occasion to lob many of their favorite attacks on welfare programs as a whole.

Robert Rector, Senior Research Fellow at the Heritage Foundation, criticized welfare programs, claiming that they reward people for not working and not marrying. “What welfare assistance has done is to supplant a male in the household. That may be a little crude, but yes, welfare has served as a substitute for the male breadwinner in the home. These low-income mothers would not be able to raise these kids without those welfare checks."

Crude? Try sexist.

When Patricia Dalton, COO of the Government Accountability Office, lamented that some federally funded programs provided similar services to similar populations, Lisa Hamler-Fugitt, Executive Director of the Ohio Association of Second Harvest Food Banks, explained that program overlap doesn’t always mean duplication. Because different programs have different criteria for qualification, many families may be struggling, but not count as being “poor enough” to qualify for all the services they need.

Over and over again in this hearing, Republicans discussed “streamlining duplicative programs,” a euphemism for cutting spending on the services that struggling Americans need the most.

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

Scalia and Thomas Urge Results-Based Decision

This week, the two most famous arch-conservative Supreme Court Justices openly praised results-based jurisprudence and the legitimacy of bending the law in order to reach the desired result. Coming from Justices who have derided others for allegedly shaping their legal decisions to reach a preferred outcome, this was a jarring example of hypocrisy.

The case of Brown v. Plata involves California's prisons, which are so overcrowded as to violate the Eighth Amendment's prohibition of cruel and unusual punishment. A lower court had ordered California to reduce its prison population by tens of thousands of inmates in order to remedy the constitutional violation. In a 5-4 opinion authored by Justice Kennedy and joined in by the four more progressive Justices, the Supreme Court upheld the lower court order.

The opinion frankly acknowledged that the release of prisoners in large numbers "is a matter of undoubted, grave concern." Nevertheless, after a careful analysis of the law, as well as the state's long history of failing to cure the constitutional violation, the majority concluded that there is simply no other realistic way for California to come into compliance with the United States Constitution.

In their dissent Justices Scalia and Thomas quite frankly acknowledged a fondness for results-based jurisprudence:

There comes before us, now and then, a case whose proper outcome is so clearly indicated by tradition and common sense, that its decision ought to shape the law, rather than vice versa. One would think that, before allowing the decree of a federal district court to release 46,000 convicted felons, this Court would bend every effort to read the law in such a way as to avoid that outrageous result.

The law does not exist in a vacuum, and there are circumstances in which common sense and fairness dictate how the law should be interpreted. For instance, in the Ledbetter sex discrimination case, the dissenters correctly looked at the consequences of the majority’s cramped interpretation of the law and saw that it was not in line with the law’s purpose of eliminating sex discrimination in the workplace. Justices Scalia and Thomas joined the flawed majority opinion that ignored the real world impact and thereby violated legislative intent.

The jurisprudence of Justices Scalia and Thomas is littered with, to use their term, "outrageous results" – women who can’t sue for ongoing illegal sex discrimination (Ledbetter), parties whose rights are forever lost because they followed a judge’s incorrect instructions (Bowles v. Russell), or a disabled man who had to crawl up two flights of courthouse stairs who they said could not sue to enforce his rights under the Americans with Disabilities Act (Lane v. Tennessee). It sometimes seems that they actually take pride in not caring about the harsh consequences of so many of their decisions. And now Justice Scalia – who once told law students that "[i]f you're going to be a good and faithful judge, you have to resign yourself to the fact that you're not always going to like the conclusions you reach" – is writing that judges' interpretation of the law should be shaped by the result they want? They should bend the law to reach a foreordained conclusion? The hypocrisy is stunning.

Scalia and Thomas and their arch-conservative colleagues are generally more circumspect when they engage in results-based jurisprudence. For instance, with their votes, the Roberts Court has become notorious for regularly bending the law in order to rule in favor of large corporations, as we saw in Citizens United. But it is nevertheless jarring to see these two Supreme Court Justices openly support blatant results-based jurisprudence.

PFAW

Pandering for the Primaries, Pawlenty Tacks Right

Former Minnesota governor Tim Pawlenty officially launched his presidential campaign today in Iowa. Although he has been campaigning in Iowa and New Hampshire for a couple of years now, you may not know much about him. He has low name recognition and low poll numbers, and his book Courage to Stand is not selling that well. But journalists from The New Republic and National Review think he could well be the GOP candidate. So it's worth taking a good look at his record and his far-right ideology.

Part of Pawlenty's appeal is supposed to be that he is from Minnesota, and was elected as a conservative in a bluish-purplish state. Some people wrongly assume that being from Minnesota automatically makes him some kind of moderate. In fact, Pawlenty is campaigning as a hard-core, across-the-board conservative.

He makes appeals to Religious Right voters by talking up his faith and appearing on even the most offensive radio shows, like that of the American Family Association's Bryan Fischer, who is surely one of the most extreme, hateful and bigoted personalities in Christian radio. Pawlenty helped raise money for Ralph Reed's "Faith and Freedom Coalition" in Iowa. And he appointed an education commissioner who equated teaching of evolution with teaching of creationism but thought teaching sharing in kindergarten was "socialist."

Pawlenty's attacks on reproductive rights please anti-abortion advocates. A National Review Online blogger says Pawlenty "may be the strongest pro-life candidate" in 2012. As governor, Pawlenty signed legislation erecting barriers to women seeking abortions, including a required waiting period and anti-choice lecture. He has spoken at anti-choice rallies, looking forward to a day when Roe v. Wade would be overturned, saying: "We have a dream today that someday soon this will not be an anniversary of sadness, but an anniversary of justice restored."

Pawlenty has also fine-tuned his campaign and his record to be more attractive to the far-right Republican Party of the Tea Party era. He once actively supported regional action to address climate change and even filmed an environmental commercial. But now he apologizes, calls his former position "stupid," and has joined the ranks of climate change deniers. Pawlenty once voted for a gay rights bill as a state legislator, but then disavowed it and embarked on a journey that Think Progress described as "evolving homophobia." And he is a vocal supporter of the current effort to amend Minnesota's constitution to ban gay couples from getting married.

Pawlenty doesn't even support legal protections short of marriage, like those that could be provided by civil unions. He went so far as to sign an Orwellian letter defending the Family Research Council, the American Family Association and other anti-gay groups against criticism that they were promoting hate.

Pawlenty appears at Tea Party events and appeals to Tea Partiers with his opposition to health care reform. He denounces "Obamacare" as unconstitutional and one of the worst pieces of legislation in the history of the country. He compares the health care reform law to drug dealing and has joined legal efforts to prevent it from being implemented. In 2006, Pawlenty, in what opponents called election-year politics, pushed a wide array of proposals to crack down on immigration. Last year, he advocated amending the Constitution to deny citizenship to the American-born children of undocumented immigrants. Speaking to a Hispanic Republican group in January, he fudged his position, but said, "We can't have wide swaths of the country nodding or winking or looking the other way to broad violations of the law," rhetoric that echoes the "anti-amnesty" language used by opponents of comprehensive immigration reform.

And Pawlenty works hard to appeal to the economic and corporate right. He wrote a column in the Wall Street Journal last December slamming government employees and decrying a "silent coup, an inside job engineered by self-interested politicians and fueled by campaign contributions." The nonpartisan PolitiFact rated the column and its claims about government workers "Pants on Fire" -- its most-lying "Truth-o-meter" rating.

Pawlenty's self-portrait doesn't always mesh with reality. He rails against the "immoral debt" and touts his record as a governor of holding the line on growth in government. But in fact, as governor, he used short-term budget tricks that "left the state with a $5-billion projected deficit, one of the highest in the nation as a percentage of the state's general fund." He railed against the Obama administration's stimulus bill but then asked for $236 million from it.

He portrays himself as an anti-tax champion, but that's not how many Minnesotans experienced him. A state revenue department study in 2009 found that Minnesotans earning less than $129,879 saw their tax rates increase under Pawlenty. "Don't let anyone tell you Governor Pawlenty didn't raise taxes," said Sen. Al Franken. "It's about whom he raised them on. He raised them on lower- and middle-income families all across the state in order to pay for our kids' education."

Pawlenty promises right-wing groups that as president he will appoint "strict constructionist" judges -- code for judges with an 18th-century view of Americans' rights and interests. Last year he bypassed his state's Commission on Judicial Selection to appoint to a judgeship an attorney with strong Religious Right connections who served as counsel for the Minnesota Family Council in an anti-gay marriage case.

Back in 2008, when Pawlenty was frequently mentioned as a potential vice presidential candidate, he was criticized for being too boring on television, maybe a bit too "Minnesota nice." So the 2012 Pawlenty has learned how to make himself sufficiently aggressive for the GOP zeitgeist. In speeches at conservative conferences, Pawlenty denigrates President Obama, accusing him of appeasing the nation's enemies. In his campaign launch message, Pawlenty said President Obama lacks both understanding of the nation's problems and the courage to address them.

While these may all be traits that will help Pawlenty win the Republican nomination, it's hard for me to imagine that a majority of American voters would agree that what we really need in the White House is a trash-talking, flip-flopping, science-denying, abortion-criminalizing, gay-rights-bashing, Religious Right-embracing politician who is so eager to get elected that he'll promise the far right just about anything. He even faked a southern accent when speaking to conservatives in Iowa, provoking well-deserved mockery back in Minnesota.

Pawlenty's backers are convinced that his polling numbers are low only because Americans haven't gotten to know him yet. But as Nate Silver noted back in November, Pawlenty was not that popular among those who know him best of all:

... a survey of Republican primary voters in Minnesota -- where Mr. Pawlenty is the governor and where his name recognition is near-universal -- showed him getting only 19 percent of the Republican primary vote there (although this was good for a nominal first place with Ms. Palin placing at 18 percent). Mr. Pawlenty's approval rating in Minnesota is also a tepid 47 percent.

Cross posted on The Huffington Post

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

Maddow Takes on South Dakota Anti-Choice Bill

Remember that draconian anti-choice bill that South Dakota’s governor signed into law in March? The one that mercifully didn’t include a proposed provision to legalize the killing of abortion providers, but did include some of the most restrictive waiting period requirements in the country?

Rachel Maddow has done some digging into how the enforcement of such an over-the-top law is going to play out. Basically, nobody seems to really know:

Visit msnbc.com for breaking news, world news, and news about the economy

 

For more on South Dakota’s law and other extreme anti-choice bills advancing in the states, take a look at our report: The GOP Takes Its War on Women to the States.

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

PFAW urges you to contact Congress tomorrow on Equal Pay Day

Equal pay in America needed to be put back on track after the devastating Ledbetter ruling, and the Lilly Ledbetter Fair Pay Act answered that call – but it wasn’t the last word. The Paycheck Fairness Act would move us even further forward by providing the tools necessary to enforce equity in the workplace and prevent further disturbing incidents like the one that befell Lilly Ledbetter. It strengthens the remedy, enforcement, and exception provisions of the existing Equal Pay Act. It engages the Equal Employment Opportunity Commission (EEOC) and the Department of Labor in a number areas including technical assistance, data collection and review of existing data, and the provision of wage discrimination training to government employees and individuals seeking their assistance. It supports negotiation skills training for women and girls and general public awareness regarding the means available to eliminate pay discrimination.

Representative Rosa DeLauro (D-CT3) and Senator Barbara Mikulski (D-MD) are expected to reintroduce the Paycheck Fairness Act tomorrow in honor of Equal Pay Day. Ask your Representative and Senators to support this important legislation. Be sure to thank them if they’re already cosponsors.

According to the National Committee on Pay Equity, tomorrow:

[S]ymbolizes how far into 2011 women must work to earn what men earned in 2010.

Equal Pay Day was originated by the National Committee on Pay Equity (NCPE) in 1996 as a public awareness event to illustrate the gap between men's and women's wages.

Since Census statistics showing the latest wage figures will not be available until late August or September, NCPE leadership decided years ago to select a Tuesday in April as Equal Pay Day. (Tuesday was selected to represent how far into the work week women must work to earn what men earned the previous week.) The date also is selected to [avoid] religious holidays and other significant events.

Because women earn less, on average, than men, they must work longer for the same amount of pay. The wage gap is even greater for most women of color.

In addition to NCPE, National Women’s Law Center, the American Association of University Women, and the American Civil Liberties Union are among the many good resources for information and action. I would also encourage you to check out MomsRising. Then visit our web site for a fact sheet and letters to the House and Senate.

PFAW

GOP May Shut Down the Government Over Family Planning, Clean Air

The Hill reports that Democrats and Republicans in Congress have reached an agreement on the amount of money to cut from next year’s federal budget, just before tomorrow’s deadline for avoiding a government shutdown. Great news, right? Not so fast: while Congress has agreed on an amount to cut from the deficit next year, House Republicans are still willing to hold up the budget and shut down the government over funding to Planned Parenthood and clean air programs:

“The numbers are basically there,” Reid said. “But I’m not nearly as optimistic — and that’s an understatement — as I was 11 hours ago. The numbers are extremely close. Our differences are no longer over how much savings we get on government spending.

“The only thing holding up an agreement is an ideology,” Reid told the Senate’s presiding chair. “I’m sorry to say, Mr. President, my friend the Speaker and the Republican leadership have drawn a line in the sand, not dealing with a deficit we know we have to deal with.

“The two main issues holding this matter up are the choice of women, reproductive rights, and clean air,” Reid said. “These matters have no place in a budget bill.”

Any member of Congress who says his or her primary goal is to reduce the deficit and improve the economy should have to explain this. A government shutdown would be disastrous for the economy. It would hurt Americans, and it would almost certainly result in lost jobs. That House Republicans are willing to inflict economic suffering just so they can make a point about contraception and lend a hand to corporate polluters shows just how little they actually care about the deficit or about job creation.

 

 

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

Women versus Wal-Mart at the Supreme Court Today

Today the Supreme Court heard oral argument in the case of Dukes v. Wal-Mart, a gender discrimination case brought by female workers of Wal-Mart, the nation’s largest private employer. The workplace discrimination case is a complicated piece of litigation and has already been in the courts for a decade.

The women suing Wal-Mart won an important victory in 2004 when a district court ruled that they could pursue their case as a “class,” representing all similarly situated women working for Wal-Mart.

Class action cases are permitted under very limited circumstances but they serve as important vehicles for groups of plaintiffs who may not have the means or resources to individually take on a deep-pocketed defendant in court. Because without a class action case, most of the plaintiffs wouldn’t be willing to go through the difficult process of filing a suit, class actions mean that corporations are forced to deal with cases they could otherwise ignore. In addition, class actions raise the possibility that a company will have to pay an enormous monetary award and even punitive damages—a powerful incentive to settle out of court.

So it’s no surprise that Wal-Mart appealed the district court’s decision to let this case proceed. The company’s appeal resulted in two split decisions by three-judge panels and a later 6-5 decision from the full 9th Circuit which, among other things, ultimately upheld the district court’s decision as to certification of the class. Wal-Mart appealed to the Supreme Court.

Wal-Mart is arguing that the women suing shouldn’t be designated a class for a number of reasons. The company claims that that the representative plaintiffs do not have claims typical of the whole class—a group which could involve from 500,000 to 1.5 million women with varying jobs and circumstances. Wal-Mart also argued that allowing the district court’s decision to stand would make the trial so unmanageable that it would violate Wal-Mart’s federal and constitutional rights.

The women pushing the suit point to company-wide practices that they claimed resulted in a culture of gender discrimination, including sexist nicknames, managers who held meetings at Hooters restaurants, and other disparaging conduct directed at women. They also point out that only a class action approach would work against a giant corporation like Wal-Mart. Individual claims of $1,100 per worker would do nothing towards ending the company’s discriminatory practices.

PFAW Foundation filed an amicus brief in support of the female class along with 33 other civil rights organizations, including the ACLU and the National Women’s Law Center. The brief emphasizes that sex discrimination in the workplace remains a very serious problem in the United States and the systemic barriers to individual actions reinforce the need for a class action to address the kind of discrimination alleged in the case against Wal-Mart. Not surprisingly, corporate America and its many powerful trade associations, including the U.S. Chamber of Commerce, came out in full force in support of Wal-Mart, filing amicus briefs to protect their corporate interests.

While the outcome of the case remains unclear, it can be certain that there remains a pro-corporate bloc of the Court that will be sympathetic to Wal-Mart’s claims. Justice Scalia tipped his hand at his skeptical view of class actions last year in another case, suggesting that there was “national concern over abuse of the class action device.” The Court is also considering a case this term that would weaken the ability to bring class action lawsuits in the context of state consumer protection laws.

We’ll keep you posted as the case moves forward.

 

PFAW

South Dakota Governor Signs Harsh Law Restricting Reproductive Freedom

In another blow to women’s rights, the Republican governor of South Dakota Dennis Daugaard today signed legislation intended to curtail women’s access to reproductive healthcare and bolster anti-choice propaganda. The law creates a 72 hour waiting period for women seeking an abortion in the state, which has only one clinic which offers abortion services just once a week. Moreover, women seeking to terminate their pregnancy would be required to meet with staff of a “pregnancy help center,” more commonly known as crisis pregnancy centers, which do not provide abortion services.

People For the American Way’s report, “The GOP Takes Its War on Women to the States,” describes how such centers are fronts for anti-choice organizations to spread false information about abortion and deceive women:

In 2006, a congressional committee looked into federally funded CPC’s, and found that “the vast majority of the federally funded pregnancy resource centers contacted during the investigation provided information about the risks of abortion that was false or misleading,” and “in many cases, this information was grossly inaccurate or distorted.” The National Abortion Federation notes that such centers are mostly staffed by volunteers whose “main qualifications are a commitment to Christianity and anti-choice beliefs,” rather than by medical professionals, and “many CPCs are connected with religious organizations, but few disclose that fact in their advertising.”
PFAW