Government By the People

Concerns that Citizens United May Impact Your Access to Birth Control

What does Citizens United have to do with women’s health care?  According to a decision last week from the Seventh Circuit Court of Appeals, perhaps more than you may think.

Just a week after the Tenth Circuit Court of Appeals rejected Hobby Lobby’s petition to prevent enforcement of the Affordable Care Act’s contraception coverage provision, the Seventh Circuit Court of Appeals made a ruling at odds with that decision.  Last Friday the panel granted a motion for an injunction pending appeal to plaintiffs Cyril and Jane Korte who run Korte & Luitjohan Contractors, a construction company.  The Kortes had argued that the contraception mandate of the ACA violated their right to religious freedom. 

In other words, the Seventh Circuit Court of Appeals decided that – at least temporarily – the company does not have to comply with the Obama Administration’s rules that most employer-provided health care plans must cover birth control.

ThinkProgress’s Ian Millhiser points out that the Appeals Court cited Citizens United in their reasoning, a move that he finds “ominous.” Millhiser highlights a line from the decision – “That the Kortes operate their business in the corporate form is not dispositive of their claim. See generally Citizens United v. Fed. Election Comm’n, 130 S. Ct. 876 (2010)” – before arguing that:

As a matter of current law, this decision is wrong. As the Supreme Court explained in United States v. Lee, “[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.” Lee established — with no justice in dissent — that religious liberty does not allow an employer to “impose the employer’s religious faith on the employees,” such as by forcing employees to give up their own rights because of the employer’s objections to birth control.

Nevertheless, the Seventh Circuit’s citation to Citizens United is an ominous sign. Lee was decided at a time when the Court understood that corporations should not be allowed to buy and sell elections. That time has passed, and the precedents protecting against corporate election-buying were overruled in Citizens United. It is not difficult to imagine the same five justices who tossed out longstanding precedent in Citizens United doing the same in a case involving whether employers can impose their religious beliefs on their employees.


Circuit Judge Ilana Diamond Rovner also raised issues with the decision.  In her dissent, she addressed the corporation issue head-on.  She noted that:


...it is the corporation rather than the Kortes individually which will pay for the insurance coverage. The corporate form may not be dispositive of the claims raised in this litigation, but neither is it meaningless: it does separate the Kortes, in some real measure, from the actions of their company.


Similarly, our affiliate People For the American Way Foundation’s Paul Gordon noted last month in reference to the Hobby Lobby decision that the question of where to draw the line in terms of government regulation of religious institutions and individuals is a tricky one.  Still, he pointed out:


The requirement to provide certain health insurance for your employees – not for yourself, but for people you hire in a business you place in the public stream of commerce – seems a reasonable one.

 

PFAW

“Money Out, Voters In” Initiative Launches

Both Martin Luther King Jr. Day and the 3rd anniversary of Citizens United v. FEC will take place this year on the weekend of January 19, 2013, and activists are preparing to draw attention to the appropriate juxtaposition of two of the most pressing issues facing our country. Progressives understand that the dual threats of money in politics and voter suppression are interrelated and threaten the foundations of American democracy, and that taking on one of those issues means taking on both. That’s why people are rallying together under the banner of “Money Out, Voters In” on and around January 19th to raise awareness to these threats and jumpstart 2013 campaigns that will address them.

To launch these efforts, People For the American Way hosted a webcast with co-chair of the Progressive Caucus Representative Keith Ellison that was viewed by activists across the country who had assembled in organizing meetings to strategize for their January 19th action.

To join these efforts, please visit “Money Out, Voters In” or email amendment@pfaw.org.

PFAW

PFAW Joins Allies at Conference to Fight Money in Politics

Super PACs and corporate lobbyists, beware.

Earlier this month, organizations from around the country working to fight back against the influence of big money on our democracy gathered to share ideas and make plans for action. The conference, associated with the Money Out/Voters In Coalition – of which People For the American Way is a leading member – provided a forum to discuss Constitutional and legislative solutions to the growing problem of corporate influence in politics. As AlterNet’s Steven Rosenfeld described it:


“Last Saturday in Los Angeles saw the most detailed, ambitious and encouraging discussion of exactly how to approach campaign finance and lobbying reform that I’ve seen in two decades of reporting on the decline of American democracy.”


Conference-goers grounded their discussions in the notion that corporations should not have the same constitutional rights as people to spend money to influence elections. They noted that constitutional and other remedies are needed to prevent powerful and wealthy special interests from undermining our democracy.

And national polls have consistently found that Americans want solutions. Earlier this year, the Brennan Center for Justice found that three in four Americans “believe limiting how much corporations, unions, and individuals can donate to Super PACs would curb corruption.” Another recent poll found that nine Americans out of ten agree that there is too much corporate money in politics.

As People For the American Way’s Marge Baker put it:



“This is happening because the people want it to happen.”


It is clear that Americans realize we have a problem on our hands. And as movement leaders come together, float plans, and debate proposals, it is also clear that those who care about repairing our democracy will continue to fight back against corporate influence in politics until we as a country have enacted viable solutions.

 

PFAW

Pushing Back on Citizens United With Art

The results of a recent PFAW and unPAC produced art contest are in: a panel of experts (including such luminaries as Shepard Fairey, designer of the famous 2008 ‘Hope’ poster and Jesse Dylan, creator of the ‘Yes We Can’ music video) chose the piece ‘Monopolistic’ by 21-year old Tennessean Landon Wix as winner of a $3,000 prize.

Titled ‘Art > Money,’ the contest’s purpose was to find a piece of art to serve as an iconic image for the need to keep big money out of the American electoral process. Art can play an important role in such a campaign: as Shepard Fairey says, “It’s about using art to push back against the existing power structures in our society and inspiring real change.” In this instance, the American people agree: 80% oppose the infamous Citizens United decision and favor restrictions on the amount of money corporations can spend on elections.

PFAW alerted and encouraged our members to promote the winning image, and as a result of our and other’s efforts, Wix’s image was shared across the country and on the internet by thousands of activists as part of a larger effort to spread awareness about this important issue.

To see more of Wix’s work, visit http://www.landonwix.webs.com/

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

A Critical Victory in Montana

The defender of Montana's campaign finance laws will now become that state's governor.
PFAW

New Analysis Shines a Light on 2012 Election Spending

U.S. PIRG and Demos issue an analysis of how much campaign money is being spent by a few individuals and corporations.
PFAW Foundation

CitU Spending Overwhelmingly Benefits Romney

Since Labor Day, 70% of outside spending on the presidential race made possible by Citizens United has benefited Mitt Romney, according to a new analysis.
PFAW

Romney Says Teachers’ Unions Shouldn’t Be Able to Contribute to Campaigns, But Corporations OK

Stumping in Iowa last year, Mitt Romney famously defended the Supreme Court’s Citizens United decision, declaring, “Corporations are people, my friend.”

But it turns out there’s one group that Romney thinks should be prohibited from spending money to influence elections: teachers’ unions. Speaking at a forum in New York, Romney expressed his wish for one specific campaign finance restriction:

The bigger problem, Romney said, is that "the person sitting across the table from them should not have received the largest campaign contribution from the teachers union themselves ... [It's] an extraordinary conflict of interest and something that should be addressed."

He later added that "we simply can't have" elected officials who have received large contributions from teachers sitting across from them at the bargaining table "supposedly" to represent the interests of children. "I think it's a mistake," Romney said. "I think we have to get the money out of the teachers unions going into campaigns. It's the wrong way for us to go. We've got to separate that."

Romney’s absolutely right that large campaign contributions and expenditures can improperly influence elected officials. But if he’s going to apply that standard to teachers, he needs to apply it to corporations as well.

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PFAW

YEP Primary Winners

People for the American Way is proud to announce a cluster of new Young Elected Progressives endorsee primary victories this week:

On 11 September,  Bryan Townsend won the Democratic primary for the state senate seat in Delaware's 11th District; he defeated incumbent Anthony Deluca and will run against Republican Evan Queitsch on 6 November.

Meanwhile, in New York's 13 September primaries, Micah Zellner won the Democratic primary for the state assembly's 76th District and Andrew Gounardes won the Democratic primary for the state assembly's 26th District; both ran unopposed and will face Republican opponents on 6 November.

Once again, PFAW congratulates these young progressive leaders on their important success this week!

PFAW

Highlighting YEP Endorsees

The YEP Endorsee Highlights series is dedicated to informing readers about the wide variety of progressive candidates on the YEP endorsee list. This entry in the series contains a new batch of young progressives from across the country, including a Florida state senate candidate responsible for sponsoring the DREAM ACT and a former mental health counselor in Arizona’s public school system running for a senate seat in that state.
 
Colorado native Dominick Moreno is running to represent his home district in the state House of Representatives. Raised in a working class family, he worked hard and earned a scholarship to Georgetown University. During college, Moreno worked to help others in his community, including tutoring children in low-income schools during college. He continued to serve others when he became the youngest city councilmember ever in Commerce City. There he earned the respect of his colleagues and was promoted to Mayor Pro Tem. Read more about Dominick here.
 
Dwight Bullard is running for State Senate this year after having served in Florida’s House of Representatives since 2008. He is a high school teacher by trade and has shown great leadership in his field as well as constantly fighting for education reform in the state legislature. He is the Democratic ranking member in the education committee and the preK-12 education policy committee. Bullard has been recognized often for his work receiving numerous awards; most recently, he won the Barbara Jordan Leadership Award. Bullard also sponsored the Florida DREAM Act, a bill which creates a pathway for undocumented immigrants to get in-state tuition.
 
Ed Ableser is running for election to the Arizona State Senate. He is currently serving as the 17th district’s Representative, but is running in the newly formed 23rd Senate district this year.  He also works as a mental-health counselor for the public school system in Tempe and is the Democratic Party committeeperson. As a Representative, Ableser has fought hard against public education cuts and hopes to build a more equitable public education program.
 
Erin Molchany is running to represent the 22nd District in Pennsylvania’s state House. Molchany began serving her community at the Emergency Services Department of the Red Cross, parlaying this experience into position at the Coro Center for Public Leadership, where she led the Emerging Leaders in Public Affairs and Women in Leadership programs. More recently, Molchany was elected Vice President of the board of Directors for the Mt. Washington Community Development Corporation, where she served her community by promoting economic development and public safety. Read more about Erin at http://erinmolchany.com/.
PFAW

Highlighting YEP Endorsees

The YEP Endorsee Highlights series is dedicated to informing readers about the plethora of quality progressive candidates on the YEP endorsee list. This entry in the series contains a new batch of young progressives from across the country, including the first openly gay man in the Montana Legislature and a man who will become one of the youngest politicians in the country if elected.
 
Brian McGrain is running for reelection to the Ingham County Board of Commissioners in Lansing, Michigan. Originally elected in 2008, Lansing won reelection in 2010 and continues to serve as the associate director of Community Economic Development Association of Michigan, a nonprofit organization committed to rebuilding neighborhoods. He serves on the Board’s Human Services and Finance Committees and is involved with several other commissions. To learn more about Brian, click here.
 
Bryce Bennett is running for reelection to the Montana House of Representatives. He was originally elected in 2010 and currently works for a non-profit organization called Forward Montana -- which he helped found in 2004 -- that engages young Montanans in the political process. Bennett was appointed to the Education and State Administration committees and is the first openly gay man to serve in the Montana Legislature. Click here to learn more.
 
Chris Clark is running for a City Council seat in Mountain View, California. Possessing a degree in political science from Stanford and previously serving on Mountain View’s Environmental Planning Commission and Community Healthy Awareness Council, at age 25 Clark will be one of the youngest politicians in the country if elected. Clark hopes to represent the 18-36 year old demographic group, a key constituency in Mountain View without representation. Click here to learn more about Chris.
 
Dar’shun Kendrick is running for reelection to the Georgia State House. She was first elected in 2010. Representative Kendrick is the only freshman to Co-Chair Committee, as she does for the Economic Security and Development Committee. Additionally, she serves on the Children and Youth, Interstate Cooperation and Special Rules Committees. She has recently received endorsements from Planned Parenthood and Georgia’s WIN List. Click here to learn more about Dar'shun.
 
Diane Russell is running for reelection to the Maine House of Representatives. She has served two terms in the 120th district. She serves on the Veterans and Legal Affairs Committee and is a proven progressive champion advocating for working families and the immigrant community of Maine. She is a founding board member of the Opportunity Maine Campaign, which fights to make college more affordable. Click here to learn more about Diane.
PFAW

YEP Primary Winners

People for the American Way extends its congratulations to two Young Elected Progressives (YEP) endorsees who emerged victorious in Massachusetts’ legislative primary elections yesterday.

Sean Garballey, who is currently a state representative for the 23rd District of Massachusetts, ran to retain his current seat, which he acquired in 2009; he was unopposed.

Carl Sciortino is a Democratic member of the Massachusetts House of Representatives and has represented the 34th District since 2005. Carl ran unopposed to retain his current seat.

PFAW

Highlighting YEP Endorsees

PFAW takes an expansive approach when looking for endorsees, selecting progressive candidates running for a variety of elected positions across the country. Here is just a small sample of our endorsee list that we’d like to highlight today. These candidates have advocated for progressive causes in their respective communities and represent the future of the country; it is thus important that you and I show them our support.
 
Adam Goode is running for reelection to the Maine House of Representatives. Goode currently serves on the Joint Standing Committee on Insurance and Financial Services and is a member of the Worker Rights Board of Eastern Maine. He has proven to be a leader in engaging Mainers in the decision-making process as well as fighting for health care reform. Learn more about Goode here.
 
Adam Lawrence is running for election to the Michigan House of Representatives in the 99th District. Currently, Lawrence serves as a community organizer and recently graduated and received his master’s degree from Central Michigan University. He hopes to greatly improve public education funding and help veterans and seniors receive entitlements. Click here for more information about Lawrence.
 
Andrew Gillum is the National Director of People For the American Way Foundation’s Young Elected Officials Network and is running for reelection to the Tallahassee City Commission. Since being first elected in 2003, Andrew has been a leading progressive voice, fighting for working families and small businesses, forming community partnerships, and improving youth academic, personal, and professional development. For more information on Gillum, click here.
 
Andrew McLean is running to represent Gorham in the Maine House of Representatives. He has worked in education at the University of Southern Maine in Gorham. McLean is a progressive champion and has been endorsed by Victory Fund and will lead on education and economic opportunity for Gorham and for Maine as a whole.
 
Ben Allen is the current School Board President in Santa Monica, California and is running for reelection. He is also an adjunct professor at UCLA. He was unanimously voted in as President by his fellow School Board members. He is fighting to receive more government funding from the state as well as improving race relations between the students within the Santa Monica and Malibu area schools. Click here to learn more about Allen.
PFAW

Chance to Vote on Citizens United!? Yes, This November

This post originally appeared on the Huffington Post.

In today's polarized political climate, there are a few things on which American voters overwhelmingly agree. For all our disputes, we can find common ground in this: we're completely fed up. About 80 percent of us don't think Congress is doing a good job. Only aboutone third of us view the federal government favorably. In a precipitous drop, less than half of Americans have a favorable view of the Supreme Court. Across all political lines, 75 percent of Americans say there is too much money in politics, and about the same percentage think this glut of money in politics gives the rich more power than the rest in our democracy.

Interestingly, another thing that most Americans have in common is that 80 percent of us have never heard of Citizens United v. FEC, the case in which the Supreme Court ruled that corporations have a First Amendment right to spend unlimited amounts of money to influence elections. Our feelings of frustration with Washington are deeply connected with the widespread, and entirely founded, suspicion that our elected officials aren't representing voters, but are instead indebted to the wealthy interests that pay for their campaigns. This distrust has only deepened as politicians and the courts have handed over more and more power to those with the deepest pockets.

Citizens United is only the most famous of the recent spate of Supreme Court decisions aimed at eliminating hard-won campaign finance regulations. In fact, shortly before Citizens United, the George W. Bush-created right-wing bloc of the Supreme Court issued major rulings that had already begun to undermine decades of federal clean election laws.

And we are only partway down the slippery slope. It keeps getting worse as the Supreme Court gradually dismantles state-level clean elections laws, as it did in Arizona, and clarifies that its sweeping decision in Citizens United applies to states as well, as it did in Montana. Indeed, it won't be long before this or some future right-wing Supreme Court cuts to the chase and lifts the century-old ban on direct corporate contributions to political candidates, one of the most basic checks we have against widespread corruption.

Believe it or not, this November, we'll have the chance to vote on whether this slippery slope continues, or whether we stop it and roll it back. Each of these regressive campaign finance rulings has had a monumental impact on our democracy. It's easy to forget that they have been made by one-vote 5-4 majorities of the Supreme Court. That means we're just one Supreme Court vote away from stopping the trend in its tracks -- and even reversing it. Although Mitt Romney has flip-flopped on many issues, he's crystal clear about how he feels on this issue and exactly what kind of judge he would appoint to the Supreme Court and the lower federal courts. He has said he believes "corporations are people" and he means it. He's promised to nominate more Supreme Court justices like the ones who handed down Citizens United. And his chief judicial adviser, former judge Robert Bork, is legendary in his opposition to individual voting rights while advocating expansive corporate power. On this issue in particular, President Obama has been very clear and comes down unambiguously on the opposite side. Look no further than his Supreme Court picks so far. Elena Kagan and Sonia Sotomayor have consistently resisted the right-wing court's radical transformation of our democracy. In fact, his nominees now represent half the votes in the High Court who are standing up for democracy against "government by and for" the highest bidder.

Some 2008 Obama voters may not be thrilled by the last four years. Some may even be considering giving Mitt Romney a chance, despite their misgivings. But no matter who your candidate is, what issues you care about or on what side you come down on them, most importantly your vote this November will likely determine the Supreme Court for a generation. If Romney has the opportunity to replace one of the more moderate Supreme Court justices, the Court's far-right majority will not remain narrow. The votes will be there to dismantle any remaining limits of money in politics for the foreseeable future. Conversely, future Obama appointments give Americans the chance to halt this downward spiral and the opportunity to reclaim our democracy.

Whatever the issues you most care about, this November's election will be a choice between two Supreme Courts. And the two alternatives could not be more different. Quite simply, this is the chance that the overwhelming majority of Americans -- who recognize that there is too much money in politics and that it is corrupting our government at every level -- finally have to vote on it.

Will we seize this opportunity?

PFAW

Trade Associations Funnel Secret Corporate Campaign Cash

“[T]he big winners” of Citizens United are trade associations and their corporate members that can now spend undisclosed, unlimited amounts of money to affect elections.
PFAW

Democratic Platform Open to a Constitutional Amendment

The Democratic platform recognizes that an amendment may be needed to restore our democracy after Citizens United.
PFAW

President Obama voices his support for a constitutional amendment

Two days ago, President Obama sat down for a live “Ask Me Anything” session on the popular social news website Reddit. Of the ten questions President Obama was asked, one pertained to money in the politics:

What are you going to do to end the corrupting influence of money in politics during your second term?

Although not specifically asked about the amendment strategy, President Obama raised the issue in his answer:

Money has always been a factor in politics, but we are seeing something new in the no-holds barred flow of seven and eight figure checks, most undisclosed, into super-PACs; they fundamentally threaten to overwhelm the political process over the long run and drown out the voices of ordinary citizens. We need to start with passing the Disclose Act that is already written and been sponsored in Congress - to at least force disclosure of who is giving to who. We should also pass legislation prohibiting the bundling of campaign contributions from lobbyists. Over the longer term, I think we need to seriously consider mobilizing a constitutional amendment process to overturn Citizens United (assuming the Supreme Court doesn't revisit it). Even if the amendment process falls short, it can shine a spotlight of the super-PAC phenomenon and help apply pressure for change. [Emphasis added]

President Obama already had, through spokespeople, acknowledged his support of constitutional remedies to overturn Citizens United; he had not however done so himself, until now. The very fact that the sitting U.S. President is speaking seriously about the use of constitutional remedies to overturn Citizens United shows how far the movement has come. The movement has clearly made its move to the mainstream.

To date, here is what PFAW and our allies have accomplished:

- 1,951 public officials are now in support of constitutional remedies

- 96 House Representatives; 29 Senators

- 14 amendment resolutions introduced in the 112th Congress

- Over 275 cities and towns have passed resolutions supporting an amendment

- 7 State Legislatures have passed resolutions (HI, NM, VT, MD, RI, CA, and MA)

PFAW

YEP Primary Winners

People for the American Way extends its congratulations to three Young Elected Progressives endorsees who emerged victorious in yesterday’s primary elections.

In Arizona, Ed Ableser, who currently represents the 17th District in Arizona’s state House, won the Democratic primary for state Senate in the 26th District; he ran unopposed. Meanwhile, Stefanie Mach won the Democratic primary to represent the 10th District in the Arizona House.

In Vermont, Kesha Ram, incumbent state representative from Chittendon’s 3-4 District, won her primary contest; she ran unopposed.

PFAW