Women

The Right Wing Immigration Playbook Gets Scary

We reported earlier this year on the whisper campaign strategy we expected from the right wing in its effort to defeat comprehensive immigration reform, and since then we’ve seen exactly that--fringe extremism met with tacit acceptance by the mainstream.

We saw that strategy at work in Arizona, where an extreme-right state senator convinced the entire state government to hop on board an anti-immigrant plan that sanctioned racial profiling, hampered local law enforcement, and created a culture of fear for Latinos in the state.

But I don’t know if we expected anything as scary as we’re seeing this week.

Yesterday, the New York Times reported that an anonymous group had circulated a list to media outlets and government officials containing the names, birth dates, addresses, and telephone numbers of 1,300 Utah residents who, they said, they “strongly believe are in this country illegally and should be immediately deported.” The list also included the due dates of pregnant women.

The release of the list has caused residents who are here legally as well as those without documentation to fear retaliation by self-appointed immigration enforcers.

Today, Think Progress reported a similar fear tactic in Arizona, where someone pretending to be a sheriff has sent letters to businesses and individuals telling them in an intimidating tone to “take heed” of the state’s new draconian anti-immigrant policy.

Both of these incidents involved anonymous groups of individuals, not government officials (though Utah officials suspect government employees might have been involved in leaking the personal information to the list). In both cases, state and local authorities are looking into who is responsible.

These incidents have been disturbing, but what is even more disturbing is the right’s silence in response. Utah’s governor, Gary Herbert, has expressed his disapproval of the Utah list, but few right wing leaders have joined him in speaking out against it. A spokesman for the Utah chapter of the Minuteman Project went so far as to say he thought the release of the list was a good idea, as long as the information on it was accurate.

If right wing leaders don’t condemn these tactics of intimidation, they tacitly condone them. And they can’t claim to be interested in real reform if they stand by silently while fringe groups incite hatred and fear.
 

PFAW

Bush’s Courts

We talk a lot about the purely political motives Republican senators have in their efforts to slow down the confirmation process for President Obama’s judicial nominees. It’s easy to forget that who those nominees are—and when they start working— makes a huge difference. The Philadelphia Inquirer reported this weekend that nearly 40% of all federal judges currently on the bench were appointed by George W. Bush--who made a concerted effort to appoint judges with right-wing credentials, and, you might say, didn’t put much of a priority on gender or racial diversity.

Obama, in contrast, has returned to a more bipartisan appointment process and has a notably diverse list of appointees. But thanks to Republican obstruction, Obama’s appointees aren’t making it to the bench:

So far, nearly half of Obama's 73 appointments to the federal bench have been women, 25 percent have been African American, 11 percent Asian American, and 10 percent Hispanic. About 30 percent of Obama's nominees were white males. By contrast, two-thirds of George W. Bush's nominees were white males.

Obama's rate of appointing women and people of color is higher than those of any of his predecessors during the first year of their terms. But he is not the only one setting records.

According to a report by the Alliance for Justice, a liberal advocacy group: "The Senate confirmed both fewer nominees and a smaller percentage of nominees under President Obama than under any other previous five presidents during their first year in office."

Presidents Jimmy Carter and Ronald Reagan had 91 percent of their nominees confirmed in their first year in office. Since then, however, the figure has sharply declined, with George H.W. Bush getting 65 percent of his early judicial nominees confirmed, followed by Bill Clinton at 57 percent, George W. Bush at 44 percent, and Obama at 36 percent.

As recent events in the Fifth Circuit reminded us, it really does matter who ends up in federal judgeships. And Republicans, booted from control of the legislative and executive branches, are fighting tooth and nail to keep the courts.
 

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Jon Kyl Attacks Women, Older Workers, Baby Seals

Today, when questioning the first panel of witnesses for the Elena Kagan confirmation, Senator Jon Kyl decided not to ask questions, but simply to attack those who had agreed to testify.

Instead of, say, listening to the witnesses, or even ignoring them, he accused three witnesses testifying about sex discrimination, age discrimination, and the devastating impact of the Exxon Valdez spill of demanding a Justice who would rule for them. All they wanted, he claimed, was “results oriented judging.”

He didn’t give them a chance to answer the accusation, so maybe we can answer for them.

No, Senator Kyl, all we want is a Justice who will follow the law.

In Ledbetter, the Court read the law in a cramped and unnatural way in order to limit the right of women to sue for discrimination. In Gross, the Court arbitrarily changed the standard used to determine discrimination on the basis of age. And in Exxon v. Baker, the Court invented a limit on punitive damages out of whole cloth—the ruling was so bad that even the Heritage Foundation thought it was judicial activism.

In the Ledbetter, Gross and Exxon cases, the Court went out of its way to side with corporations and defend them from people who were trying to hold them accountable.

Remind me again, Senator Kyl: what’s the definition of “results oriented judging?”

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The Immigration Misinformation Campaign

Last week, Arizona governor Jan Brewer further fanned the flames of resentment and suspicion around the immigration debate in her state when she announced her evidence-free view that the majority of people entering the United States illegally do so to transport illegal drugs. Thankfully, President Obama seems to be relying on actual facts in that area. In his speech today outlining the need for comprehensive immigration reform, he gave an honest explanation of the dangers of the current system:

The result is an estimated 11 million undocumented immigrants in the United States. The overwhelming majority of these men and women are simply seeking a better life for themselves and their children. Many settle in low-wage sectors of the economy; they work hard, they save, they stay out of trouble. But because they live in the shadows, they’re vulnerable to unscrupulous businesses who pay them less than the minimum wage or violate worker safety rules -– thereby putting companies who follow those rules, and Americans who rightly demand the minimum wage or overtime, at an unfair [dis]advantage. Crimes go unreported as victims and witnesses fear coming forward. And this makes it harder for the police to catch violent criminals and keep neighborhoods safe. And billions in tax revenue are lost each year because many undocumented workers are paid under the table.

As we predicted in our Right Wing Watch: In Focus report on the efforts to derail comprehensive immigration reform, the Right has not been letting facts get in the way of its smear efforts. From Brewer’s claim about drug smuggling to false assumptions that illegal immigration causes crime, opponents of immigration reform have been trying to shift the debate to be about fear and suspicion, rather than reality and solutions. These tactics are nasty, but they shouldn’t be underestimated.

It’s encouraging that Obama is trying to counter the campaign of misinformation. Let’s hope that it leads to actual solutions.
 

PFAW

Joining the Club

Yesterday, Sen. Amy Klobuchar shot down her colleague Tom Coburn’s assertion that the American people are less free now than we were 30 years ago, offering up some powerful illustrations of the progress women have made since 1980. “I think about whether people were more free in 1980,” she said, “it's all in the eyes of the beholder.”

Kagan, who if confirmed would be the fourth female Justice in the history of the Supreme Court, responded, “I think that there's no question that women have greater opportunities now, although they could be made greater still.”

Today, the Pew Research Center released a survey of attitudes toward working women throughout the world. One finding stood out:

Indeed, the United States and Germany reported an especially strong gap between the sexes on whether enough has been done to give women equality. Of those who believe in equal rights, many more American and German men believe their nations have made the right amount of changes for women, while many more women than men in those countries think more action is required.

“When you’re left out of the club, you know it,” said Prof. Jacqui True, an expert in gender relations and senior lecturer at the University of Auckland. “When you’re in the club, you don’t see what the problem is.”

This disparity in the perception of progress brings to mind Justice Ruth Bader Ginsburg’s fiery dissent to the Supreme Court’s ruling in Ledbetter v. Goodyear. In that ruling, the Court’s majority ruled that Lilly Ledbetter couldn’t collect her fair share after decades of pay discrimination because, they said, she would have had to report the discrimination before she even knew that it was taking place. At the time, Ginsburg was the only female member of the Supreme Court, and she knew what it was like to be “left out of the club.”

Introducing her dissenting opinion, Ginsburg said, “In our view, the Court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination.”

This isn’t to say that those who haven’t experienced discrimination can’t understand it. But it’s a powerful reminder of why it’s so important to have a diversity of voices, coming from a diversity of experiences, in positions of power.
 

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Whose Freedom?

After debating 1776, we move on to a conversation about 1980.

In his long complaint about the Commerce Clause, Sen. Coburn declared that Americans had more freedom 30 years ago than we do now.

Sen. Klobuchar then took the floor, and brought up a few interesting points in response.

  • In 1980, there were no women Supreme Court Justices
  • In 1980, there were no women on the Senate Judiciary Committee
  • In 1980, there were was one woman in the United States Senate


“I think about whether people were more free in 1980,” she said, “it's all in the eyes of the beholder.”
 

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The Kagan "Smoking Gun"? Hardly

It seems that the Right is all agog over this article in the "National Review" by Shannen Coffin, claiming that Elena Kagan "manipulated the statement of a medical organization to protect partial-birth abortion" while working in the Clinton White House.

Here is the gist of Coffin's "bombshell":

There is no better example of this distortion of science than the language the United States Supreme Court cited in striking down Nebraska’s ban on partial-birth abortion in 2000. This language purported to come from a “select panel” of the American College of Obstetricians and Gynecologists (ACOG), a supposedly nonpartisan physicians’ group. ACOG declared that the partial-birth-abortion procedure “may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman.” The Court relied on the ACOG statement as a key example of medical opinion supporting the abortion method.

Coffin points to this draft copy [PDF] of the ACOG statement which does not include the phrase “[An intact D & X] may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman." Instead, that phrase was handwritten in as a suggestion from Kagan.

The phrase was included in the final version and has apparently been cited by judges in cases involving the prodecure ... and this is somehow proof that Kagan is willing to "override a scientific finding with her own calculated distortion in order to protect access to the most despicable of abortion procedures seriously twisted the judicial process" and therefore is unfit for the Supreme Court.

Of course, if you bother to actually read the document Coffin cites, or the final ACOG statement itself, it is abundantly clear that this one sentence fits with the overall position being advocated by ACOG, which was that any "legislation prohibiting specific medical practices, such as intact D & X, may outlaw techniques that are critical to the lives and health of American women. The intervention of legislative bodies into medical decision making is inappropriate, ill advised, and dangerous.."

Here is the entire ACOG statement, so you can judge for youself wheter the inclusion of this one sentence in any way changes ACOG's fundamental point or distorts science:

THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS,

Washington, DC.

ACOG Statement of Policy

STATEMENT ON INTACT DILATATION AND EXTRACTION

The debate regarding legislation to prohibit a method of abortion, such as the legislation banning ``partial birth abortion,'' and ``brain sucking abortions,'' has prompted questions regarding these procedures. It is difficult to respond to these questions because the descriptions are vague and do not delineate a specific procedure recognized in the medical literature. Moreover, the definitions could be interpreted to include elements of many recognized abortion and operative obstetric techniques.

The American College of Obstetricians and Gynecologists (ACOG) believes the intent of such legislative proposals is to prohibit a procedure referred to as ``Intact Dilatation and Extraction'' (Intact D & X). This procedure has been described as containing all of the following four elements:

1. deliberate dilatation of the cervix, usually over a sequence of days;

2. instrumental conversion of the fetus to a footling breech;

3. breech extraction of the body excepting the head; and

4. partial evacuation of the intracranial contents of a living fetus to effect vaginal delivery of a dead but otherwise intact fetus.

Because these elements are part of established obstetric techniques, it must be emphasized that unless all four elements are present in sequence, the procedure is not an intact D & X.

Abortion intends to terminate a pregnancy while preserving the life and health of the mother. When abortion is performed after 16 weeks, intact D & X is one method of terminating a pregnancy. The physician, in consultation with the patient, must choose the most appropriate method based upon the patient's individual circumstances.

According to the Centers for Disease Control and Prevention (CDC), only 5.3% of abortions performed in the United States in 1993, the most recent data available, were performed after the 16th week of pregnancy. A preliminary figure published by the CDC for 1994 is 5.6%. The CDC does not collect data on the specific method of abortion, so it is unknown how many of these were performed using intact D & X. Other data show that second trimester transvaginal instrumental abortion is a safe procedure.

Terminating a pregnancy is performed in some circumstances to save the life or preserve the health of the mother. Intact D & X is one of the methods available in some of these situations. A select panel convened by ACOG could identify no circumstances under which this procedure, as defined above, would be the only option to save the life or preserve the health of the woman. An intact D & X, however, may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman, and only the doctor, in consultation with the patient, based upon the woman's particular circumstances can make this decision. The potential exists that legislation prohibiting specific medical practices, such as intact D & X, may outlaw techniques that are critical to the lives and health of American women. The intervention of legislative bodies into medical decision making is inappropriate, ill advised, and dangerous.

Approved by the Executive Board, January 12, 1997.

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The Odd Marshall Debate

Solicitor General Kagan started out the day defending her late mentor Justice Thurgood Marshall after yesterday’s GOP attacks. It’s odd that she even had to go there. Dana Milbank’s column in the Post this morning explains it well:

It was, to say the least, a curious strategy to go after Marshall, the iconic civil rights lawyer who successfully argued Brown vs. Board of Education. Did Republicans think it would help their cause to criticize the first African American on the Supreme Court, a revered figure who has been celebrated with an airport, a postage stamp and a Broadway show? The guy is a saint -- literally. Marshall this spring was added to the Episcopal Church's list of "Holy Women and Holy Men," which the Episcopal Diocese of New York says "is akin to being granted sainthood."

With Kagan's confirmation hearings expected to last most of the week, Republicans may still have time to make cases against Nelson Mandela, Mother Teresa and Gandhi.

I had thought Republicans had learned their lesson after their first Marshall-based attacks on Kagan were met with a collective “Huh?
 

UPDATE: Brian Beutler over at Talking Points Memo asked three top Republicans on the Judiciary Committee which Marshall cases they objected to. They couldn't name a single one.

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Kagan: A Fake John Roberts, A Radical Homosexualist, and a Sign of The End Times

As the questioning in Elena Kagan's confirmation hearing finally gets underway, right-wing groups are busy releasing statements and reports claiming she is everything from a "clear and present danger to the Constitution" to a sign of the end times.

The Judicial Crisis Network's first day write-up is particularly confusing, as they seem convinced that Kagan is trying to "disguise herself as the next John Roberts" 

The Senate Judiciary Committee just concluded the first day of Elena Kagan's hearings to replace Justice Stevens on the Supreme Court. Our summary of Day 1: She may not be a Constitutionalist, but she sure plays one on TV.

As we expected, Kagan followed in Justice Sotomayor's footsteps and disguised herself as the next John Roberts, and Democratic Senators did their best to help her hide from her record of extreme activism on abortion, 2nd Amendment rights, and the scope of government power. According to Kagan, "what the Supreme Court does is to safeguard the rule of law, through a commitment to even-handedness, principle, and restraint." In the immortal words of The Who, "Don't get fooled again."

Seeing as it was John Roberts who "disguised" himself as a umpire who would just call balls and strikes and then, once confirmed, revealed himself to be a blatant judicial activist, that is a pretty ironic criticism for JCN to level.

But at least the JCN's complaints are at least coherent, unlike those of Gordon Klingenschmitt:

Chaplain Klingenschmitt has contracted with a team of investigative journalists including Brian Camenker, Amy Contrada and Peter LaBarbera to investigate and report breaking news about Supreme Court nominee Elena Kagan.

While serving as Dean of Harvard Law School, Kagan's administration demanded and forced Blue-Cross, Blue-Shield to cover sex-change operations as an "equal right" paid benefit, harming gender-confused students, as confirmed in 2006 and 2008 by Harvard Crimson newspaper articles.

Kagan also offered sympathetic ear to lesbian group Lambda's Transgender Task Force demand to force all women to share public bathrooms and locker-rooms with cross-dressing men, which is now part of Harvard's dormitory policy, according to the report.

"This is further proof Elena Kagan cannot be trusted to impartially rule on Obamacare or bathroom bills like ENDA, since she believes sin is a Constitutional right," said Chaplain Klingenschmitt, "but rights come from God, who never grants the right to sin."

Because if anything is going to clarify these confirmation hearings, is a report written by a bunch of militantly anti-gay activists like Klingenschmitt, Camenker, and LaBarbera ... and now that is exactly what we have:

Supreme Court nominee Elena Kagan is committed to the radical campaign pushing acceptance of homosexuality and transgenderism as “civil rights." Her unprecedented activism supporting that view as Dean of Harvard Law School (2003-2009) calls into question her ability to judge fairly and impartially on same-sex “marriage” and other homosexuality- or transgender-related issues that may come before the nation’s highest court.

Kagan’s record while Dean of Harvard Law School (HLS) demonstrates her agreement with the goals of the radical GLBT (gay lesbian bisexual transgender) movement and her solidarity with those activists. Working hand in hand with students to expel military recruiters in protest over the Armed Forces’ ban on homosexuals (a “moral injustice of the first order,” she wrote) is only the most obvious example of Kagan’s passionate dedication to this controversial and immoral agenda.

Kagan’s celebration and active promotion of the radical homosexualist and transgender worldview has profound implications. As a Supreme Court Justice, she could be expected to overturn traditional law and understandings of family, marriage, military order, and even our God-given sex (what transgender radicals call “gender identity or expression”). She is a most dangerous nominee who must be opposed by all who care about religious freedom, the preservation of marriage and traditional values.

There should be grave concern over Kagan’s issues advocacy concerning “sexual orientation.” Even before her nomination to the Court, her enthusiastic and committed pro-homosexuality activism at Harvard (including her recruitment to the faculty of radical “gay” activist scholars like former ACLU lawyer William Rubenstein and elevation of radical out lesbian Professor Janet Halley) was highly significant for the nation. Now, it is imperative that Senators and the U.S. public gain an accurate understanding of the radical, pro-homosexual environment that was Kagan’s home at Harvard – and the GLBT legal agenda that Kagan herself helped foster as Dean.

But that is actually quite reasonable compared to this statement from Tim LaHaye and Craig Parshall claiming that Kagan "presents a danger as old as the book of Genesis" and that her confirmation could be a sign of the End Times:

First, if she becomes a Supreme Court justice, she could be the all-important fifth vote in favor of interpreting our Constitution, not according to the vision of our Founding Fathers, but from an international law standpoint, a concept that would have seemed treasonous to our Founders. Three justices on the Court have already relied on foreign law in their opinions: Justices Kennedy, Breyer and Ginsburg. Recently-installed justice Sotomayor has praised Ruth Bader Ginsberg's penchant for international law, so we can assume she will be a legal globalist as well. Five justices create a majority and with Kagan on board they could begin radically steering us away from view of the Constitution that honors our Judeo-Christian heritage and founding.

Second, if this happens, it will usher America into a new age of global law. With Elena Kagan on the Supreme Court, international legal standards could well be imposed on Americans by the High Court's legal globalists, even without the Senate approving a specific international treaty. In our new novel, Edge of Apocalypse, we show how this trend might create a modern-day legal nightmare for conscientious Christians. We need only to turn to Genesis chapter 11 to see how God opposed the ancient attempt at global unification: the Lord declared the tragic result that would follow if a centralized group of fallen men were to consolidate an unlimited, unrestrained power over the planet.

Keep your eyes on the Supreme Court's view of global law. It could be one of the most telling 'signs of the times.'

Cross-posted from RightWingWatch.org

PFAW

Better Luck Next Time, Anti-Kagan Activists

Earlier today, Traditional Values Coalition, Concerned Women for America, the Judicial Crisis Network, and Students for Life of America held a joint press conference to announce their opposition to Elena Kagan's confirmation to the Supreme Court.

The only problem was, as the CQ-Roll Call blog Congress.org explained, that the groups held their conference outside the Supreme Court, where reporters were awaiting today's rulings, rather than where the reporters covering it were actually stationed:

Activists against Elena Kagan gathered on Capitol Hill Monday but outside the wrong building.

An hour before the Supreme Court nominee faced questions from senators, the leaders of four conservative groups stood outside the high court in protest.

"We're calling on the senate today," Andrea Lafferty of the Traditional Values Coalition began. "They are going to be accountable for the questions they ask or don't ask."

One problem: The backdrop Lafferty and the others chose was the court, not the Capitol. The court reporters who were around focused on a competing press conference about the morning's court rulings .

Most of the cameras focused on Lafferty's group were those of tourists -- not the press.

"Why are they protesting here?" one passerby asked a friend. "She's not on the court yet. She doesn't work here."

Had the reps from the Judicial Crisis Network, Students for Life, and Concerned Women for America stood outside the Hart Building, they would have had better luck getting attention from reporters actually covering Kagan.

I guess I should also point out that TVC is considered an anti-gay hate group by the Southern Poverty Law Center, so you have to question the judgment of CWA and JCN for partnering with them for this event.

Cross-posted from RightWingWatch.org.

PFAW

The New Originalism Debate—An Early Roundup of Good Reads

A few weeks ago, former Supreme Court Justice David Souter delivered a call to arms against the misguided theory of “constitutional originalism” that has dominated recent debates on the Supreme Court. “The Constitution is no simple contract,” Souter said, “Not because it uses a certain amount of open-ended language that a contract draftsman would try to avoid, but because its language grants and guarantees many good things, and good things that compete with each other and can never all be realized, all together, all at once.”

Souter’s argument has started a robust and refreshing conversation about keeping faith with the Constitution …. and debunking the notion of justices as constitutional umpires who have to simply stand at the plate and call objective balls and strikes.

Constitutional law professor Alain L. Sanders weighed in today with an interesting take on what a literal adherence to the Constitution as originally written —sure to be invoked in the upcoming hearings on Elena Kagan’s nomination— would mean:

The political oratory will be enticing to many, and sound astute, learned and even well-grounded. But much of it will be misleading, wrong-headed, and unsupported by logic, history, or the principles of the Constitution. A simple examination of the Senate confirmation proceedings themselves illuminates the fallacies of the conservative assault.

Sitting on the Senate Judiciary panel will be California's Dianne Feinstein and Minnesota's Amy Klobuchar. To any and all true-blue strict constructionists, the presence of these two women legislators ought immediately to sound the alarm of unconstitutionality and invalidate the entire confirmation process. The Constitution states clearly, directly and consistently throughout its many provisions that federal officials are to be men.

Sanders’ argument brought to mind some other great riffs on Souter’s speech that we’ve seen over the past couple of weeks. These articles are all worth a read:

The Constitutional Accountability Center’s Doug Kendall and UVA professor Jim Ryan argued that adherence to the full text and history of the Constitution – including all of its amendments - is something that progressives can and should embrace:

We live in an era thick with conservative nostalgia for the "original" Constitution and the ideas of our founding, even when those ideas have been repudiated or modified by subsequent constitutional amendments. Kagan would be doing the entire nation as well as the Constitution itself a service if she would use the confirmation process to express and explain her commitment to follow the Constitution—all of it. If Kagan does talk about the text and history of the Constitution, as well as the role of the court, it could go a long way toward recalibrating the current national debate on the judiciary and the Constitution.

Slate’s Dahlia Lithwick asked why it’s fashionable to see the Constitution as a simple instructional manual:

So, as we look forward toward Elena Kagan's confirmation hearings, the question isn't whether she will use the opportunity of her hearings to defend living constitutionalism or to debunk originalism. That is probably too freighted a discussion, and one that no progressive can possibly win in this day and age. The question I would ask is why it's so fashionable for nominees to suggest that the hard work of judging is simple; that the Constitution is no more complicated than the instructions for assembling an Ikea end table; and that the reason they are perfectly qualified for the job is that, well, they can read. What does it say about the court as an institution that everyone who goes through the interview process must downplay the difficulty of the job?

And Adam Serwer of the American Prospect, responding to Lithwick, calls originalism out as “a great hustle”:

Lithwick notes that the theory of orginalism assumes a "nonexistent universe in which all cases are easy and all the constitutional directives are perfectly clear." But to the originalists, it is always perfectly clear: The answer is whatever they want it to be, all other conclusions are inherently illegitimate. That's what makes originalism such a great hustle -- its arbitraryness is masked by nigh-bulletproof rhetorical argument -- that its adherents are simply "applying the law as written." In order to attack their reasoning, you first have to dismantle the idea that there are no inherent tensions within the Constitution that need to be resolved in order to reach a clear ruling. In a way, originalists are a bit like religious fundamentalists who insist on following their religious texts literally but in practice only select those that fit their prevailing cultural sympathies, dismissing others as heretics and unbelievers.

We’re hoping that the weeks since Souter’s commencement address are just the beginning of a new discussion about the Constitution and the importance of the Supreme Court in all of our lives - a discussion that should be at the center of the debate on Kagan’s confirmation.


 

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Equal Protection Under Attack: Doe v. Vermilion Parish School Board

Last week, People for the American Way Foundation signed on to an amicus brief urging the Fifth Circuit Court of Appeals to overturn a lower court’s decision allowing a Louisiana middle school to segregate classrooms by sex. The amicus brief, led by the National Women’s Law Center, argued that sex-segregated classrooms are harmful to members of both sexes and violate the Fourteenth Amendment’s Equal Protection Clause.

Parents of the Rene A. Rost Middle School were informed in 2009 that classes for the school would be segregated by sex for the coming fall semester. A parent whose children were placed in sex-segregated classes without receiving constitutionally mandated coeducational options objected and was told that because the coed classes had already been filled, the only option left for one of her daughters was a special needs class. Represented by the ACLU, the parent sued and the trial court dismissed the case by wrongly shifting the burden of proof, requiring the victim to prove discrimination by demonstrating an “intent to harm” - a new standard that is almost impossible to meet and not recognized by the Supreme Court.

As the Supreme Court held in its 1996 decision requiring the Virginia Military Institute to admit women, for a state to permissibly classify on the basis of sex, it “must carry the burden of showing an exceedingly persuasive justification for the classification.” Additionally, the state must not “rely on overbroad generalizations about the different talents, capacities, or preferences of males and females.” Simply put, the Court has found that a state must have a very good reason before it decides to discriminate on the basis of sex.

NWLC’s brief cites evidence that suggests a total lack of adequate justification for the school’s policy, both from a legal and practical perspective, specifically a flawed study performed by Rost Middle School’s principal. Simply put, if the Fifth Circuit were to uphold the District Court’s decision, it would ignore almost 30 years of settled Equal Protection law in order to endorse a discriminatory policy that is harmful to all students regardless of gender.
 

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House Passes Defense Bill with Path to Repeal Don't Ask Don't Tell

The House has just passed a Defense authorization bill that includes a path to repealing the discriminatory and way too long-lived Don’t Ask Don’t Tell policy. The vote was 229 – 186.

Earlier today, People For President Michael Keegan said of the policy that prevents gay men and lesbians from serving openly in the military:

This discriminatory policy has for 17 years prevented patriotic citizens from serving our country in the armed forces. Because of this policy, thousands of qualified men and women have been forced out of the military simply because they are gay, and countless others have been deterred from serving in the first place. The policy does a disservice to men and women who have served this country with honor and stands in contradiction to our values as Americans.

The Senate must now clear its version of the bill. Republicans have threatened a filibuster.

The vast majority of Americans are on the side of equality and common sense on this issue. Let’s hope our Senators get the message.

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Reproductive rights for military women

Yesterday the Senate Armed Services Committee voted 18-10 to approve the Defense authorization bill. This legislation, which includes conditional repeal of Don’t Ask, Don’t Tell, also takes an important step toward equality in reproductive rights for military women.

Existing law prohibits, in most circumstances, military hospitals from providing abortion care. The ban treats women who have chosen to serve their country, as well as military wives and daughters, as second-class citizens by limiting their constitutionally protected right to choose. And it endangers their health. These women rely on military hospitals for medical care and are often stationed in areas where alternative local medical facilities are inadequate or unavailable. A woman facing an unintended pregnancy may be forced to risk her life by seeking an unsafe abortion or delaying an abortion until she can travel to a location where adequate medical care is available.

The Committee sent a clear message that endangering the health of military women is unacceptable. Should it become law, the new language would allow military women to use their own funds for abortion care at military hospitals.

For more information, please visit NARAL Pro-Choice America Foundation and Planned Parenthood.

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78% of Americans Oppose Don’t Ask Don’t Tell; Congress Is on the Fence

Congress, take note:

A CNN/Opinion Research Corporation survey released Tuesday indicates that 78 percent of the public supports allowing openly gay people to serve in the military, with one in five opposed.

"Support is widespread, even among Republicans. Nearly six in ten Republicans favor allowing openly gay individuals to serve in the military," says CNN Polling Director Keating Holland. "There is a gender gap, with 85 percent of women and 71 percent of men favoring the change, but support remains high among both groups."

And congressional leaders aren’t sure if they can get the votes to repeal the discriminatory Don’t Ask, Don’t Tell policy. It’s another stark example of Washington politicians lagging far behind their constituents when it comes to gay rights.
 

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People For’s Full Page Ad in the Post: “Is The Supreme Court Corporate America’s Newest Subsidiary?”

People For and a coalition of progressive groups will run a full page ad in the Washington Post next week, criticizing the Supreme Court’s increasing deference to corporate interests. The ad, which pictures judicial robes embroidered with the logos of large corporations and asks “Is the Supreme Court Corporate America’s newest subsidiary?,” was released today.

 The corporate sympathies of the current Supreme Court majority—displayed in cases like Citizens United v. FEC and Ledbetter v. Goodyear Tire Company—have shaken Americans across the political spectrum. Last month, a People For report documented the Court’s 10-year pro-corporate trend, and the emergence of a “corporate bloc” on the Court.

 The ad lays out some of the most startling rulings of the Roberts Court:

The United States Supreme Court was founded to protect the American people, not American big business.

Yet recent rulings have allowed corporations to get away with paying women less than men, discriminating against the rights of older workers, dodging liability for faulty medical devices, ducking the Clean Water Act and avoid paying damages for the Exxon Valdez oil spill.

Most alarmingly, the Court has also just declared that corporations have the same rights as people, with unlimited rights to pour money into electing corporate candidates who will protect their interests.

A poll commissioned by the groups that released the ad—People For, Alliance for Justice, and MoveOn.org—found that the majority of Americans agree that the Supreme Court favors big corporations over individuals, and want a new Justice who will not be part of that trend.

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Give the gift of equal pay on Mother’s Day

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

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

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

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Two Must-Read Op-Eds on the Stevens Vacancy and What This Court Fight Should Be About

In his column yesterday, E.J. Dionne laid out exactly the right prescription for liberals and Democrats in the upcoming confirmation battle over the Supreme Court seat being vacated by Justice John Paul Stevens.

We don't know who the nominee is yet, but we know the dangers posed by the Roberts Court and what the right-wing ideologues are doing to our country via their agenda-driven interpretations and reinterpretations of the law and the Constitution.

Citizens United is an extreme case of a general tendency: Conservative judges are regularly invoking their alleged fealty to the "original" intentions of the Founders as a battering ram against attempts to limit the power of large corporations. Such entities were not even in the imaginations of those who wrote the Constitution. To claim to know what the Founders would have made of Exxon Mobil or Goldman Sachs or PepsiCo is an exercise in arrogance.

What liberals forgot during the years when their side dominated the judiciary is that for much of our history, the courts have played a conservative role. But today's conservatives have not forgotten this legacy. Their goal is to overturn the last 70 years of judicial understandings and bring us back to a time when courts voided minimum-wage laws and all manner of other economic regulations.

Read the whole thing here >

Several days earlier, Joe Conason wrote a great piece discussing the politics of Supreme Court confirmation battles and why Democrats and progressives should be eager to have a constitutional debate about the role of the Court and how the Right's definition of "constitutional" really means the dangerous upending of the traditional understanding of the Constitution which has served America well.

Conason writes:

What exactly do they mean by "constitutional"? On the increasingly powerful fringes of the Republican right, a category that includes some Tea Party activists, the Constitution is interpreted as prohibiting every social and political advance since before the Civil War. They would outlaw the Federal Reserve System, the progressive income tax, Social Security, Medicare, environmental protection, consumer regulation and every other important federal initiative of the past century.

Targets of the "constitutional conservatives" would certainly include civil rights legislation that guarantees equal protection under law to minorities and women...

Click here to read the whole piece >

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Senator Sessions Plays the “Judicial Activism” Card

At a Senate Judiciary Committee hearing today, Senator Jeff Sessions said that that Goodwin Liu’s writings represent “liberal judicial activism.” And he doesn’t like it!

But what Sessions apparently does like is conservative judicial activism. Overturn more than a century of settled campaign finance law? Limit women’s ability to recover for being discriminated against on their jobs? Hand billions of dollars to Exxon? Rewrite the Voting Rights Act? That’s a-ok! “Liberal judicial activism,” (by which I assume he means opposing those decisions)? Bad.

Senator Sessions’s ability to keep a straight face while delivering such patently farcical attack is impressive. His stale talking points aren’t.
 

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African American History Awareness Month - A Chance to Prove

In 1926, Dr. Carter G. Woodson launched Negro History Week as an initiative to bring national attention to the contributions of Black people throughout American history. Today the celebration in the arts and science, public and private business industries, sports, domestic and foreign policy, and political, social and economic justice arenas continues throughout February and is now known as African American History Awareness Month.

Like others during these 28 days, I find myself hungry to learn of yet another person who, because of their thoughts, actions, motivation, "made a way out of no way". One Saturday evening I watched a PBS documentary titled "For Love of Liberty" and the sacrifices of African American soldiers who fought for a "cause greater than me".

Dating as far back as the Revolutionary War, it is the story of "America's Black Patriots." I watched images and heard narratives of those who faced ultimate racism and bigotry, but continued to sign up to for a chance to prove African Americans were worthy of dignity, humanity and full rights of citizenship. I also watched images of soldiers lynched in their uniforms as a message from extremist that no matter what their sacrifice, they would never be equal, honored or worthy.

This month I was afforded the opportunity to participate in a Congressional Black Caucus staff briefing on the repeal of Don't Ask, Don't Tell. In preparing for this presentation I realized here was yet another group of military personnel, soldiers waiting for a "chance to prove" they were worthy. I found what may seem like an unlikely connection with those of the past who fought for love of liberty for others with no gains or recognition of who they were with those who fight today and serve this county honorably for the same reason.

The contributions of African American's to this country are substantial, but as important they are inspiring. Pinckney Benton Stewart Pinchback was the first non-white and first person of African American descent to become governor of a U.S. state, serving as the 24th Governor of Louisiana for an entire 35 days. Anna Julia Haywood Cooper was an educator, writer, and human rights leader. Vernon Johns was an African American minister and leader who was active in the struggle for civil rights for African Americans from the 1920s and is considered the father of the American Civil Rights Movement, having laid the foundation on which Martin Luther King, Jr. and others would build.

There are no ordinary sacrifices a person can make when their motivations and actions are for a cause greater than self. Religious and racial extremists haven't deterred those who seek that chance to prove their worthiness. As an African American, I am aware of what the insults of oppression, injustice and inequality can have on the mind and spirit of a persons and a people. I also know that separate is not necessarily equal. But I also have read and witnessed that "suffering produces perseverance; perseverance, character; and character, hope."

I believe in revelation, the connection to historical moments, the legacy of persons and people in pursuit of "a chance to prove." This African American History Awareness Month I recognized the contributions of all men and women who served and are serving in our armed forces with profound appreciation for their sacrifices in pursuit of a chance to prove. In the words of what is known as the African American National Anthem by James Weldon Johnson, we must continue to celebrate, educate, and be inspired to "Lift every voice ... until victory is won."

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