On Wednesday, PFAW president Michael Keegan sent the following message to PFAW members:
Scott Walker is truly the worst governor money can buy. In 2010, in the wake of the Supreme Court’s Citizens United v. FEC decision, Walker shattered state fundraising records in his campaign to be Wisconsin’s next governor. Now, faced with a recall election, he’s doing it again -- and then some.
It was reported this week that in the last three months, Scott Walker raised $13.1 MILLION to beat back his recall challenge. And that figure does not include the money being spent by right-wing Super PACs to support him and bash his opponents. To put this feat in perspective, Walker’s two leading Democratic challengers, Kathleen Falk and Tom Barrett -- currently locked in a primary in which they are spending resources against each other -- have raised $977,000 and $750,000 respectively.
Walker has milked his “golden boy” status among the ideological mega-funders of the right-wing movement. His aggressive attacks on workers’ rights, funding for important social programs and equal rights protections have made powerful corporate interests like Koch Industries and activists like Grover Norquist eager to host fundraisers for him around the country, from Oklahoma to New York. Amazingly, the Right continues to accuse our side of being fueled by “special interests” (as always, mischaracterizing “special interests” as people willing to stand up for their rights).
Many have called the Wisconsin recall election the second most important election battle of 2012 (second only to the presidential race), and it’s certainly shaping up to be the most emblematic of the crossroads at which America finds itself post-Citizens United. This recall battle is definitively one of Big Money vs. the People.
Mark Hanna, William McKinley’s right-wing millionaire campaign manager in 1896, famously said, “There are two things that matter in politics. The first is money and I can’t remember what the second one is.” We MUST prove him wrong in Wisconsin ... we must prove that People Power can win the day.
With the help of Hanna and the robber barons of the era, McKinley won his race with only 51% of the popular vote after outspending his Democratic opponent 23 to 1. It’s up to us to make sure 2012 is not a repeat of 1896.
We won’t be able to outspend them, but what we do have we will spend smarter to help turn out the people’s vote. With your help, we’ll outwork Walker and his billionaire allies and RECALL THE RIGHT in Wisconsin.
Thank you for standing with us in this fight. Please stay tuned for more important information about the Wisconsin recall elections and People For the American Way’s campaign the Recall the Right.
Michael Keegan, President
New Jersey Governor Chris Christie was in Wisconsin this week campaigning for Scott Walker and said, “For the next five weeks, America is going to find out the answer to what is more powerful, the people or the money and special interests from Washington, D.C. Wisconsin will answer that question."
Republicans are really going all in on the claim that the big money being spent in the recall election is coming from the Walker’s opponents. Jaw-dropping chutzpah considering Walker has already spent $20 million in his own defense, has another $25 million on hand and is being supported by outside groups with limitless funding from wealthy corporate interests. Meanwhile, the amount of money raised and spent both by the Democratic candidates and outside groups opposing Walker (including unions – the so-called ‘special interests’ to which Chris Christie was alluding) is hardly a fraction of Walker’s behemoth war chest. Oh, and for all the Republicans' handwringing about out of state money fueling the recall effort, it was reported a few days ago that two-thirds of Walker's money has come from outside of Wisconsin.
There's no question this race is a question of the grassroots versus big special interest money, but Scott Walker isn't the on the side of the grassroots.
Bloomberg Businessweek put together a handy infographic charting the path of one particular piece of ALEC model legislation, the Private Attorney Retention Sunshine Act, on its journey from approval as a model through introduction in 12 states across the country, and eventually becoming law in three. Shielding corporations from liability for causing harm to consumers and the environment is a major ALEC priority, and this legislation makes it harder for states to hire law firms to bring suits against businesses.
ALEC claims that it is just a library for bills and falsely states on its IRS returns that it conducts no lobbying, but documents submitted by Common Cause to the IRS last week all but prove otherwise. Internal documents show that ALEC actively engages in all the hallmarks of lobbying – from advocating for bills to tracking their progress through statehouses nationwide.
The national media is focusing its gaze once again on Wisconsin, and this week it was all about the money. Monday, April 30th, was the filing deadline for pre-primary election fundraising totals. Wisconsin’s embattled Republican Governor Scott Walker turned in a filing that, on the surface, blew his Democratic rivals away, reporting $13 million in money raised during the January to April reporting period.
An in-depth analysis by The Huffington Post, however, revealed that approximately two-thirds of Walker’s money raised was donated by individuals and entities from outside Wisconsin. This draws a stark contrast to his nearest Democratic rivals filings, with Tom Barrett reporting $750,000 in donations in 25 days, and Kathleen Falk reporting $1 million. 99% of Barrett’s donations came from inside Wisconsin. Falk only had $25,862 in her account at the end of 2011.
News analysis also revealed that Walker transferred $60,000 to his legal defense fund during the pre-primary period, according to his campaign finance report. This revelation drew criticism from One Wisconsin Now and others, as it appeared to many Wisconsinites that Walker’s campaign is using nuances in Wisconsin GAB reporting requirements to avoid revealing who donated to the legal defense fund.
Mid-week, Marquette University released polling data that indicates the public’s perception of the Governor has not improved, despite his campaign spending $21 million dollars to bolster his image and fight against a recall from office. The situation left prominent pundits and reporters alike referring to his numbers as “almost freakishly fixed in place,” with rivals using grassroots support and a focus on issues to prepare for next Tuesday’s primary elections to take on the Governor for the recalls.
Looking forward, next Tuesday is Primary Day! Follow our Facebook page and Twitter feed for the latest information on where to find your polling place. Exercise your duty to Fight The Right and vote!
Fresh off of filing a major complaint with the IRS alleging that the American Legislative Exchange Council abused their tax-exempt status by acting primarily as a lobbying organization, the good-government group Common Cause is now pressing for state-level investigations. Yesterday, Common Cause asked New Jersey Attorney General Jeffrey Chiesa to investigate whether ALEC’s activities are in violation of state law.
Nine companies based in New Jersey, including Honeywell, Johnson & Johnson and Merck are ALEC members, and an investigation by the Star-Ledger found that a close resemblance between ALEC model bills and several pieces of legislation and executive actions pushed by the Christie Administration. The investigation also noted that ALEC member corporations and their executives have given at least $200,000 to New Jersey officials who are responsible for advancing these bills.
ALEC claims that it only “provides a constructive forum for state legislators and private sector leaders to discuss and exchange practical, state-level policy issues,” and “does not lobby state legislatures.” But it’s difficult to understand how an organization that pays for state legislators to go to exclusive resorts, where they discuss and vote as equals with corporations on model legislation, can be considered anything but a lobbying front. One thing is clear: ALEC certainly is not the “charity” they claim they are on their tax returns.
Who has ditched ALEC so far?
A major component of the American Legislative Exchange Council’s agenda to transfer the public’s resources to a few private hands revolves around privatizing our public school systems. From model bills that sanction “Virtual Public Schools” run by for-profit companies to subsidizing private school vouchers with taxpayer money, ALEC places corporate profits above children’s needs.
Perhaps this is why the National Board for Professional Teaching Standards (NBPTS), the national certifying body for teachers in the United States and an organization that is ostensibly dedicated to serving children’s educational needs, announced that they are severing ties with ALEC:
Given recent events, the new NBPTS President and CEO decided to discontinue engagement with ALEC. As a result, NBPTS terminated its membership as an Education Task Force Member of ALEC effective April 18, 2012, and also withdrew from participating in the upcoming ALEC conference....The decision to participate in ALEC had been made by previous NBPTS leadership.
–NBPTS spokesperson Brian Lewis
NBPTS is a non-profit organization, but they take positions on many aspects of education policy, including teacher-certification regulations. Before their departure, the organization sat on ALEC’s Education Task Force, which, as the Center for Media and Democracy reports, boasts private-sector members such as the James Madison Institute of Florida and the Pioneer Institute of Massachusetts, both members of the Koch-funded State Policy Network.
ALEC is too toxic even for some for-profit education companies. Last week, Kaplan announced that they are declining to renew their ALEC membership.
The American Legislative Exchange Council’s influence over state legislative bodies is well documented. We’ve seen countless examples of corporate lobbyist-drafted model legislation, developed at exclusive retreats at fancy resorts out of the public’s eye, make its way to the statehouse floor, bringing disastrous results to working families, public education, the environment, voting rights and much more.
Last week, Common Cause released a bounty of ALEC’s internal documents as part of an official complaint to the IRS, claiming that ALEC has abused its tax status as a 501c3 organization. As a result, a new window was been opened into the processes responsible for creating these pro-special interest bills, revealing just how much power ALEC’s corporate members enjoy.
One such document, the minutes from ALEC’s 2011 Telecommunications & Information Technology Task Force meeting in New Orleans, reveals how the private sector (ALEC-speak for “corporations”) has equal – and often greater – policy-making power than elected officials through their influence in developing model legislation that can become law. The document describes how the U.S. Chamber of Commerce offered a resolution regarding federal efforts to curtail internet sites that sell counterfeit products, and after discussion amongst the public and private sector members, the resolution was defeated:
The Task Force then proceeded with a vote on the motion to amend by Mr. Castleberry, which was adopted by the private sector 8-1 in favor and by the public sector 19-3 in favor. On final passage of the resolution as amended, the public sector voted 17-1 in favor of the resolution, but the private sector voted 8-8 in favor; thus, the resolution failed on final passage because it failed to achieve a majority of support from the private sector.
In this case, the will of 94% of our elected representatives participating in the discussion was trumped by just half of the task force’s corporate members. To put it simply: unelected corporations are voting as equals with elected officials on model bills that become our laws.
This is how ALEC accomplishes its stated mission to “advance the fundamental principles of free-market enterprise”: by helping free market enterprises literally vote on public policy.
[H/T Republic Report]
Mitt Romney is eager these days to change the subject from what the public sees as his party's "war on women." He seeks to close the huge gender gap that has opened up as women flee the party of Rick Santorum, Newt Gingrich and Rush Limbaugh in search of something a little less patriarchal and misogynistic.
But Romney's problems with America's women may be just beginning. He can distance himself from the theocratic musings of other Republicans and the macho bullying of Fox News talking heads, but he cannot run away from his own selection of former Judge Robert Bork, in August of last year, to become his principal advisor on the Supreme Court and the Constitution.
Bork hopes to wipe out not only the constitutional right to privacy, especially the right to contraception and to abortion, but decades of Equal Protection decisions handed down by what he calls a feminized Supreme Court deploying "sterile feminist logic" to guarantee equal treatment and inclusion of women. Bork is no casual chauvinist but rather a sworn enemy of feminism, a political force that he considers "totalitarian" and in which, he has concluded, "the extremists are the movement."
Romney may never have to elaborate his bizarrely muted reaction to Rush Limbaugh calling Sandra Fluke a "slut" and a "prostitute" ("it's not the language I would have used"), but he will definitely have to answer whether he agrees with his hand-picked constitutional advisor that feminism is "totalitarian"; that the Supreme Court, with two women Justices, had become "feminized" at the time of U.S. v. Virginia (1996) and produced a "feminization of the military"; and that gender-based discrimination by government should no longer trigger heightened scrutiny under the Equal Protection Clause.
Romney has already said that, "The key thing the president is going to do... it's going to be appointing Supreme Court and Justices throughout the judicial system." He has also said that he wishes Robert Bork "were already on the Court."
So look what Robert Bork thinks Romney's Supreme Court Justices should do about the rights of women.
Wiping Out Contraceptive, Abortion and Privacy Rights
Romney certainly hoped to leave behind the surprising controversy in the Republican primaries over access to contraception, but Robert Bork's extremist views on the subject guarantee that it stays hot. Bork rejects the line of decisions, beginning with Griswold v. Connecticut (1965), affirming the right of Americans to privacy in their procreative and reproductive choices. He denounces the Supreme Court's protection of both married couples' and individuals' right to contraception in Griswold and Eisenstaedt v. Baird (1972), declaring that such a right to privacy in matters of procreation was created "out of thin air." He calls the Ninth Amendment -- which states that the "enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people" -- an "inkblot" without meaning. For him, the right of people to decide about birth control has nothing to do with Due Process liberty or other rights "retained by the people" -- it is the illegitimate expression of "radical individualism" on the Supreme Court.
Bork detests Roe v. Wade (1973), a decision he says has "no constitutional foundation" and is based on "no constitutional reasoning." He would overturn it and empower states to prosecute women and doctors who violate criminal abortion laws. Bork promises:
Attempts to overturn Roe will continue as long as the Court adheres to it. And, just so long as the decision remains, the Court will be perceived, correctly, as political and will continue to be the target of demonstrations, marches, television advertisements, mass mailings, and the like. Roe, as the greatest example and symbol of the judicial usurpation of democratic prerogatives in this century, should be overturned. The Court's integrity requires that.
In other words, the Court's "integrity" would require a President Romney to impose an anti-Roe v. Wade litmus test on all nominations to the Court.
Ending Heightened Scrutiny of Government Sex Discrimination under Equal Protection
Bork is the leading voice in America assailing the Supreme Court for using "heightened" Equal Protection scrutiny to examine government sex discrimination under the Fourteenth Amendment. While women and men all over America cheered the Supreme Court's 7-1 decision in United States v. Virginia (1996), the decision that forced the Virginia Military Institute to stop discriminating and to admit its first women cadets, Bork attacked it for producing the "feminization of the military," which for him is a standard and cutting insult --"feminization" is always akin to degradation and dilution of standards. He writes: "Radical feminism, an increasingly powerful force across the full range of American institutions, overrode the Constitution in United States v. Virginia." Of course, in his view, this decision was no aberration: "VMI is only one example of a feminized Court transforming the Constitution," he wrote. Naturally, a "feminized Court" creates a "feminized military."
Bork argues that, outside of standard "rational basis" review, "the equal protection clause should be restricted to race and ethnicity because to go further would plunge the courts into making law without guidance from anything the ratifiers understood themselves to be doing." This rejection of gender as a protected form of classification ignores the fact that that the Fourteenth Amendment gives "equal protection" to all "persons." But, if Bork and his acolytes have their way, decades of Supreme Court decisions striking down gender-discriminatory laws under the Equal Protection Clause will be thrown into doubt as the Court comes to examine sex discrimination under the "rational basis" test, the most relaxed kind of scrutiny. Instead of asking whether government sex discrimination "substantially" advances an "important" government interest, the Court will ask simply whether it is "conceivably related" to some "rational purpose." Remarkably, Mitt Romney's key constitutional advisor wants to turn back the clock on Equal Protection jurisprudence by watering down the standards for reviewing sex-discriminatory laws.
Judge Bork Means Business: the Case of the Sterilized Women Employees
If you don't think Bork means all this, go back and look at his bleak record as a Judge on the U.S. Court of Appeals for the D.C. Circuit. Take just one Bork opinion that became a crucial point of discussion in the hearings over his failed 1987 Supreme Court nomination. In a 1984 case called Oil, Chemical and Atomic Workers International Union v. American Cyanamid Co., Bork found that the Occupational Safety and Health Act did not protect women at work in a manufacturing plant from a company policy that forced them to be sterilized -- or else lose their jobs -- because of high levels of lead in the air. The Secretary of Labor had decided that the Act's requirement that employers must provide workers "employment and a place of employment which are free from recognized hazards" meant that American Cynamid had to "fix the workplace" through industrial clean-up rather than "fix the employees" by sterilizing or removing all women workers of child-bearing age. But Bork strongly disagreed. He wrote an opinion for his colleagues apparently endorsing the view that other clean-up measures were not necessary or possible and that the sterilization policy was, in any event, a "realistic and clearly lawful" way to prevent harm to the women's fetuses. Because the company's "fetus protection policy" took place by virtue of sterilization in a hospital -- outside of the physical workplace -- the plain terms of the Act simply did not apply, according to Bork. Thus, as Public Citizen put it, "an employer may require its female workers to be sterilized in order to reduce employer liability for harm to the potential children."
Decisions like this are part of Bork's dark Social Darwinist view of America in which big corporations are always right and the law should rarely ever be interpreted to protect the rights of employees, especially women, in the workplace.
No matter how vigorously Mitt Romney shakes his Etch-a-Sketch, Americans already have an indelible picture of what a Romney-run presidency and Bork-run judiciary would look like and what it would mean for women. With Robert Bork calling the shots on the courts, a vote for Mitt Romney is plainly a vote against women's rights, women's equality and women's freedom.
Jamin Raskin is the author of the new PFAW Report, "Borking America: What Robert Bork Will Mean for the Supreme Court and American Justice."
ALEC, the American Legislative Exchange Council, and ALEC members are on the run in Arizona. As more Arizonans learn about the tactics and operating procedures of the obscure network, the organization and its corporate funders are scrambling to come up with ways to justify their unjustifiable agenda.
ALEC had operated in relative obscurity for decades since its inception in 1973. However in the past year, with the launching of the ALEC-Exposed project, and some diligent investigative reporting from journalists and good government organizations alike, the veil has been removed, and ALEC has been on the run since – in recent months, thirteen companies have withdrawn financial support from the organization and 28 state legislators have renounced their membership.
In response to these developments, the Arizona ALEC network has revealed just how entrenched it is with its corporate funders. A leaked email provided to PFAW Foundation shows that ALEC legislators held an event yesterday morning to discuss ALEC PR strategy – and that the event was being actively promoted by none other than Russel Smolden, head lobbyist of the Salt River Project, a public utility corporation that sits on ALEC’s Private Enterprise Board:
Debbie Lesko and other ALEC legislative members both present and past would like to invite you to a meeting thisThurs. (April 26th), 11:00am at AGC to get the latest update on the fight that ALEC is waging in the media against its detractors. We would really appreciate your attendance
Russell D. Smoldon
Senior Director Government Relations
The ALEC agenda is out of the shadows, and its affiliates have been scrambling to come up with talking points to sugarcoat their policies. Unfortunately, no amount of obfuscation can conceal the truth. The ALEC agenda is harmful to everyday citizens because it rewards the corporations who fund the network – nearly 98 percent of it. When ALEC legislators and ALEC corporate lobbyists like Russell Smoldon agree to meet behind closed-doors like they did yesterday morning, their attempts to assuage their image crisis only tarnish their reputations further, for what could they could they possibly be discussing that requires confidentiality?
The following photos are of lobbyists arriving at and leaving from the closed-door ALEC-PR strategy meeting:
[Russel Smoldon (on the right) – author of leaked email, head lobbyist for the Salt River Project.]
[Joe Abate – lobbyist representing PHRMA, among other clients.]
[Spencer Kamps – lobbyist for Home Builders Associations of Central AZ.]
[Marty Schulz – former registered lobbyist for Pinnacle West, now works at the Denver, CO-based firm, Brownstein Hyatt Farber Schreck.]
Click here to view PFAW Foundation’s press release on this development.
Endnote: In November of 2011 and April of 2012, PFAW Foundation released two reports, in conjunction with Common Cause, Progress Now and the Center for Media and Democracy, documenting the enormous influence that ALEC has in Arizona. The reports evidence how ALEC legislators have introduced and passed ALEC model legislation that has damaged communities and harmed the state – from attacks on public education to privatizing prisons to reducing consumer protections, the corporate-backed ALEC agenda has transformed Arizona into an ALEC model state, one that Arizonans, as evidenced by the recall of ALEC member and former Senate President Russell Pearce, are rejecting in force.
Following the release of the second report, Arizona Public Service Company (APS), Arizona’s largest utility in the state, announced it was severing ties with ALEC.
And for more information on State Representative Debbie Lesko - who was one of the hosts of the ALEC PR strategy meeting - and her ties with ALEC-sponsor SRP, please check out CMD's post on the connection.
Yum! Brands, the parent company of fast food chains such as KFC, Taco Bell and Pizza Hut, has decided to leave the American Legislative Exchange Council, according to Color of Change. This makes Yum! The 12th company to disassociate from the organization in recent weeks.
This is a significant decision because it comes after ALEC’s decision to disband the Public Safety and Elections Task Force, the part of the organization responsible for the voter suppression and “Stand Your Ground” laws that exemplify ALEC’s extreme agenda and helped galvanize the recent corporate exodus from the group.
Think Progress notes that Yum! held a leadership position on a different committee: Labor and Business Regulation, which fought to repeal laws guaranteeing paid sick leave to workers. The corporation also was a member of the Commerce, Insurance and Economic Development Task Force.
Responsible members of the business community are realizing with or without the Public Safety and Elections Task Force, ALEC’s extreme agenda is bad for business.
People For the American Way launched a major new campaign today highlighting what a Mitt Romney presidency would mean for America’s courts. Romney has signaled that he’s ready to draw the Supreme Court and lower federal courts even farther to the right. And no signal has been clearer than his choice of former Judge Robert Bork to lead his campaign advisory committee on the courts and the Constitution.
In 1987, PFAW led the effort to keep Judge Bork off the Supreme Court. Ultimately, a bipartisan majority of the U.S. Senate recognized his extremism and rejected his nomination.
Last night, PFAW’s Jamie Raskin went on The Last Word with Lawrence O’Donnell to discuss PFAW’s campaign and what a Supreme Court picked by Mitt Romney and Robert Bork would look like:
Watch our full video, Don’t Let Romney Bork America:
To find out more about Judge Bork and what a Romney presidency would mean for America’s courts, visit www.RomneyCourt.com.
Last month, Pennsylvania Gov. Tom Corbett offered a solution for women who were going to be forced by the government to undergo a completely unnecessary ultrasound against their wills: "You can't make anybody watch, okay? Because you just have to close your eyes." The governor's suggestion would be almost comical, if it weren't for the tragic fact that forcing women to watch was the whole point of the legislation Corbett supported.
But it seems that Corbett's suggestion doesn't just apply to women seeking abortions in the Keystone state. It is, in essence, what the GOP is telling to every woman turned off by the party's attacks on reproductive rights, equal pay and domestic violence protections: "You just have to close your eyes."
Mitt Romney's campaign is banking on the fact that voters of both genders are concerned about the economy in these uncertain times. Polls show that they're right. But just because you're concerned with the economy doesn't mean you ignore it when a group of people are systematically taking away your rights for their own short-term political gain.
Sadly, this is the new normal. The Tea Party's success has been based on this "just close your eyes" formula. Swept into power on a wave of economic dissatisfaction, Tea Party legislators in Washington and the states asked the country to "close its eyes" as it did everything but fix the economy. "Pay no attention while we roll back decades of progress everything else you care about. Just close your eyes while we bash immigrants, cut essential services, make it very hard to vote, and take away collective bargaining rights". Many minorities have been affected, particularly in the last two years, but arguably and amazingly, no group has been under attack more than the American majority--women.
A new report from People For the American Way investigates the new landscape that the Tea Party is creating for American women. Mississippi is set to become the only state in the country without a legal abortion clinic. Texas is on the path to denying reproductive health care to 130,000 low-income women. Wisconsin repealed its enforcement mechanism for equal pay lawsuits. Senate Republicans are fighting to stop the reauthorization of the Violence Against Women Act. Following an all-male panel speaking on women's health, a woman who dares speak in front of Congress about the importance of affordable contraception is called a "slut."
Even with closed eyes, these things are very hard to miss. The Romney campaign has attempted to distract voters from this train wreck of anti-woman policies by claiming that a second Obama administration will hurt women economically. Last week, they hammered hard on the claim that women have accounted for 92 percent of job losses under President Obama- a mangled statistic that ignores, among other factors, that many of those losses were the result of Republican-led layoffs of teachers and other government employees. Then they decided to accuse Democrats of waging a "War on Moms" - forgetting, perhaps, the candidate's history of aggressively pushing low-income women to work outside of the home when their children are very young.
Women haven't bought it. In polls, Romney still trails Obama among women voters by double digits. And in an under-reported fact, among women ages 18 to 29, he's losing by an astounding 45 points. You don't need a political science degree that know that that spells disaster.
Mitt Romney and congressional Republicans seem to think they can get away with almost anything because, in the end, their Election Day hopes will be saved by a bad economy. The problem is, the people they attack on a regular basis - women, gays, Latinos, Muslims, you name it -know the Tea Party's record on the economy and its history of cynical, culture-war attacks that deeply affect the lives of real people. We have our eyes wide open.