Fair and Just Courts

Justice Scalia’s 7 Worst Anti-Gay Statements

On Friday, the Supreme Court agreed to hear two landmark cases on marriage equality. Yesterday, Justice Antonin Scalia reminded us again why gay rights advocates, to put it mildly, aren’t counting on his vote.

Scalia is the Supreme Court’s most outspoken opponent of gay rights. He led the dissent to the two major gay rights decisions of his tenure on the Court, the decisions to strike down Texas’ criminal sodomy law and to overturn Colorado’s ban on local anti-discrimination measures. And in his spare time, he minces no words about his uncompromising opposition to gay rights. Here are seven of his most egregious anti-gay statements:

  • Compares bans on homosexuality to bans on murder: Yesterday, Scalia asked a gay law student, “If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?”
     
  •  …and to bans on polygamy and animal cruelty: In his dissent to the Colorado case, Romer v. Evans, Scalia wrote, “But I had thought that one could consider certain conduct reprehensible--murder, for example, or polygamy, or cruelty to animals--and could exhibit even 'animus' toward such conduct. Surely that is the only sort of ‘animus’ at issue here: moral disapproval of homosexual conduct, the same sort of moral disapproval that produced the centuries old criminal laws that we held constitutional in Bowers.”
     
  • Defends employment and housing discrimination: In his dissent to Lawrence, the decision that overturned Texas’ criminal sodomy law, Scalia went even further, justifying all kinds of discrimination against gays and lesbians: “Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive. The Court views it as ‘discrimination’ which it is the function of our judgments to deter.”
     
  • Says decision on “homosexual sodomy” was “easy” because it's justified by long history of anti-gay discrimination: In a talk at the American Enterprise Institute earlier this year, Scalia dismissed decisions on abortion, the death penalty and “homosexual sodomy” as “easy”: “The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion,” he said. “Homosexual sodomy? Come on. For 200 years, it was criminal in every state.”
     
  • Says domestic partners have no more rights than “long time roommates”:  In his dissent in Romer, Scalia dismissed the idea that a law banning benefits for same-sex domestic partners would be discriminatory, saying the law “would prevent the State or any municipality from making death benefit payments to the ‘life partner’ of a homosexual when it does not make such payments to the long time roommate of a nonhomosexual employee.”
     
  • Says gay rights are a concern of “the elite”: In his Romer dissent, Scalia lashes out at the majority that has upheld gay rights: “This Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected, pronouncing that "animosity" toward homosexuality is evil.“
     
  • Accuses those who disagree with him of supporting the “homosexual agenda”: Lifting a talking point straight from the far right, Scalia accused the majority in Lawrence of being in the thrall of the “homosexual agenda”: “Today’s opinion is the product of a Court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.”
PFAW

Pending Judicial Nominations Pile Up

Republicans resist lame duck confirmations that have been made necessary by their own obstruction.
PFAW

Still No Explanation From Grassley on Judiciary Committee Delays

This morning, the Senate Judiciary Committee approved five nominees to serve on federal district courts in New York, California and Florida and on the US Court of International Trade. A week ago, Iowa Republican Sen. Chuck Grassley postponed votes on all five nominations without giving a reason, a delaying tactic that he has used on 97 percent of President Obama’s judicial nominees who the committee has voted on.

Sen. Grassley did not explain the reason for the delay last week, when a coalition of Iowa and national groups urged him to stop such routine delays. And the reason remained unclear today, as all five nominees were approved without opposition.

These five nominees now join fifteen other federal judicial nominees awaiting confirmation votes from the full Senate. The Senate has made progress by scheduling confirmation votes on four unopposed district court nominees in the past week, but that small amount of progress isn’t nearly enough to fill the gaps in overworked federal courts. Seven of the nominees still waiting for votes would fill officially-designated “judicial emergencies.”

It would be easy, of course, for the Senate to hold votes on all of the remaining nominees before the end of the year. After all, most were approved by the Judiciary Committee many months ago. But Senate Republicans have continued to stall even nominees with strong bipartisan support. All the circuit court nominees waiting for votes have the support of their home-state senators, Republican and Democratic, and nearly all of the pending district court nominees were approved by the Judiciary Committee with unanimous or nearly unanimous bipartisan support. One circuit court nominee, New Jersey’s Patty Shwartz, has been waiting nine months just for an up-or-down vote from the Senate; Federal Circuit nominee Richard Taranto has also been waiting since March.

If the Senate fails to vote on these nominees during the lame duck, the confirmation process – from presidential nomination through floor vote – will have to start all over again next year.

Notable about the district court nominees approved by the Judiciary Committee today is that all are women or people of color, representative of President Obama’s efforts to bring diversity to the federal courts. The nominees also include New York’s Pamela Chen, who would become just the fifth openly gay person to be confirmed to a lifetime federal judgeship.

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More Dissembling from Chuck Grassley

Sen. Grassley again offers a blizzard of misleading statistics to hide his party's obstruction of President Obama's judicial nominees.
PFAW

Grassley's Non-Response on Judicial Nominations

Chuck Grassley issues a misleading response to complaints about his obstruction of resident Obama's judicial nominees.
PFAW

GOP Bad Faith on the Pace of Confirmations

Since a bipartisan agreement on judges ended in May, the rate of confirmations that Republicans have consented to has plummeted.
PFAW

Florida Federal Judge: We Need More Judges!

One of the district's vacancies could have been filled many months ago, if only Republicans would stop their blanket obstruction.
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This is How Judicial Nominations are Supposed to Work

President Obama will end his second term with more vacancies on the federal courts than there were when he started. Today there are 99 vacancies on the federal circuit and district courts, 33 of which are for courts that are so busy that they’ve been officially designated “judicial emergencies.” This glut of vacancies is in large part due to Senate Republicans’ persistent obstruction of the president’s nominees – even the ones from their own states who they purportedly support. During President Obama’s first term, judicial nominees have had to wait on average three times as long after committee approval for a vote from the full Senate as did nominees in President George W. Bush’s first term.

But some vacancies are due to a less well-known but all too common delay at the very start of the nominations process.

Before he makes a nomination to the federal judiciary, President Obama asks senators from the state where the vacancy has occurred to present him with recommendations. It’s a way to identify nominees from any given state and to ensure home-state, often bipartisan, support for nominees. The problem is, senators from both parties have too often dragged their feet in recommending acceptable nominees, leading to often years-long vacancies in the federal courts.

These vacancies exist despite the fact that most federal judges give months, sometimes even a full year of notice before retiring or taking senior status (semi-retirement) so that a replacement can be found.

This week, senators from Colorado and New Mexico showed how the process is meant to work – and how it would work, if all senators followed their lead.

In Colorado, district court judge Wiley Daniel announced last winter that he would be leaving his seat in January 2013. Colorado senators Mark Udall and Michael Bennet set up a bipartisan commission to find qualified nominees for the seat in a timely manner. They then recommended a set of finalists to the White House, which in turn nominated Raymond P. Moore on Tuesday, before the seat he would fill becomes vacant. Of the 18 future vacancies currently listed by the Administrative Office of U.S. Courts, Colorado is one of only two states with a nominee.

In New Mexico, Judge Bruce Black announced in June that he would be leaving the court in October, just a few short months. So New Mexico’s senators, Tom Udall and Jeff Bingaman, announced their bipartisan commission that very day, leading to the president’s nomination yesterday of Kenneth John Gonzales to fill the vacancy.

There is no excuse for seats on the federal courts to be left open for years, as caseloads multiply and litigants face delays. The senators from Colorado and New Mexico showed how the front end of the judicial nominations process can be efficient and fair.

PFAW

President Obama Continues to Diversify the Federal Bench

Yesterday's slate of judicial nominations makes clear that President Obama's commitment to a diverse federal bench will continue into his second term.
PFAW

Lame Duck - Time to Confirm All the Pending Nominees

Don't believe the latest Republican spin to justify their obstruction of judicial nominations even during the lame duck session.
PFAW

Supreme Court to Review Voting Rights Act

A lynchpin of protecting the right to vote may fall before the altar of "states' rights."
PFAW Foundation

Election Is Mandate for Policies Grounded in Progressive American Values

The American people have made their choice -- a resounding victory for President Obama and Vice President Biden and a mandate for their policy agenda.
PFAW

Endorsements Cite Supreme Court

Overwhelming majority of endorsements cite the Supreme Court as an enormous contributing factor to keeping President Obama in office.
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New PFAW Report on the Importance of the Supreme Court in the 2012 Presidential Election

This week People For the American Way released a new report on the importance of the Supreme Court in the 2012 presidential election.
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Judge Cebull in the News Again

In an election year case affecting minority voting rights, we can't have confidence that Judge Cebull's decision is unaffected by his own prejudices.
PFAW Foundation

A Real-Life Halloween Scare From Mitt Romney

Forget ghosts and goblins. Americans' biggest Halloween fear should be a Supreme Court chosen by Mitt Romney.
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