Senate Judiciary Committee

As Immigration Bill Advances, Common Sense Faces off with Extremism

Last night the Senate Judiciary Committee voted 13-5 to advance immigration legislation that creates a path to citizenship for millions of undocumented immigrants.  It is expected to come to the Senate floor for debate in June. 

As the bill moves forward, Republicans in Congress will have to make a choice between casting their lot with the majority of their party and country in supporting common-sense reform or with anti-immigrant extremists attempting to stand in the way of progress.  As Right Wing Watch has documented, right-wing activists continue to push damaging, outrageous lies about immigrant communities.  Maria Espinoza, director of a project linked to the nativist Numbers USA, proclaimed that “no one is immune to the illegal who drives wildly drunk, or the wanna-be gang-banger who needs to machete innocent citizens to gain entry and respect into the Latino or other gangs.” Center for Immigration Studies director Mark Krikorian has called GOP immigration reform supporters “useful idiots” and claimed that “Native-born Hispanic Americans, who make up most Hispanic voters, have a majority of the children that are born to them are illegitimate, very high rates of welfare use.”

As the GOP works to change their party’s image for Latino voters, they face a choice between standing with those on the far-right fringe such as Krikorian and Espinoza or standing with the bipartisan majority pushing for much-needed change.

PFAW

PFAW Applauds Senate Judiciary Committee Approval of 13 Nominees, Including D.C. Circuit Court Nominee Caitlin Halligan

This morning the Senate Judiciary Committee voted to approve Caitlin Halligan to be a U.S. Circuit Judge for the D.C. Circuit and Patty Shwartz to be a U.S. Circuit Judge for the Third Circuit.  The Committee also approved nine District Court nominees and two nominees for the U.S. Court of International Trade.

Since 2003 Shwartz has served as a Magistrate Judge on the New Jersey U.S. District Court and includes among her supporters New Jersey governor Chris Christie.   Halligan, an accomplished appellate litigator who has practiced in front of the Supreme Court, is currently General Counsel of the Manhattan District Attorney’s Office and has strong support from the law enforcement community in New York and around the country.  She was first nominated for the seat on the D.C. Circuit in 2010 and has faced ongoing Republican obstruction despite the Court’s pressing vacancies.  The D.C. Circuit Court, the nation’s second most important court, currently has four vacancies (out of only eleven judgeships).  This has serious ramifications for the caseloads for each of the remaining active judges, which have continued to rise steeply in recent years.

“The need to fill vacancies has never been more pressing,” said Marge Baker, Executive Vice President of People For the American Way.  “We are heartened that two highly qualified women have been approved by the Committee for the Circuit Courts.  Halligan and Shwartz both deserve prompt votes.”

Of the thirteen judicial nominees voted on this morning, eight are women, six are minorities, and one is openly gay.

“These highly capable nominees come from diverse backgrounds,” Baker continued.  “It is encouraging to see a list of judicial nominees who look like America.”

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PFAW Commends Senate Hearing on Citizens United and Voting Rights

Washington, DC – People For the American Way today commended the Senate Judiciary Committee for holding an important hearing on the tremendous impact the Supreme Court will have on whether the American people will be allowed to retain control of our own democracy. Today’s hearing will focus on the Court’s decision in Citizens United v. FEC and the role of the courts in preserving individual citizens’ voting rights.

Citizens United has profoundly reshaped our elections, opening them up to limitless corporate cash, secret money, and risk of corruption,” said Marge Baker, Executive Vice President of People For the American Way. “Citizens United has given corporations and the very wealthy unprecedented control over the public debate preceding our elections. At the same time, new threats are arising to the right to even cast a ballot, as individual citizens are seeing their voting rights taken away by suppressive laws targeted at traditionally disenfranchised communities – especially those who corporate interests fear will vote ‘the wrong way’.

“Our federal courts have an important role in ensuring that the rights of Americans to control our own democracy are preserved. It’s encouraging that the Judiciary Committee is giving these issues the attention they deserve.”

Earlier this year, People For the American Way and allied groups delivered 1.9 million petitions to congressional leaders urging them to move forward on amending the constitution to overturn Citizens United.


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For Judicial Nominees, The Hidden Obstruction Continues

Ongoing Republican abuse of committee procedures is keeping our nation's courtrooms empty.
PFAW

GOP Boycotts Judiciary Committee

Are Senate Republicans Finding New Ways to Keep Our Nation's Courtrooms Empty?
PFAW

PFAW's Peter Montgomery: Republicans Using 'Religious Liberty' to Attack Obama, Women's Health

Attacking President Obama for his supposed “hostility” to religious liberty is the tactic du jour for congressional Republicans, according to a new piece in the Huffington Post by PFAW Senior Fellow Peter Montgomery.

After a widely-mocked hearing before the House Oversight Committee on contraceptive coverage, conservatives testifying before the Judiciary Committee continued to claim that the Obama Administration’s compromise on contraceptive coverage is not sufficient – and even if were, the Administration couldn’t be trusted to actually carry it out.

But many of their arguments relied on narrow definitions of the beginning of life that are at odds with medical standards and even with the rest of the religious community:

The arguments from Republican members and their witnesses boiled down to three main claims: the regulations requiring contraception coverage are unconstitutional burdens on religious organizations; the compromise to prevent religious organizations from having to pay for contraceptive coverage is only "an accounting gimmick" that does not resolve any of the moral or religious liberty issues; and the Obama administration has proven itself hostile to religious liberty and cannot be trusted to follow through on its promised accommodation.

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Several Democratic members pointedly noted that Lori was not speaking for all Catholic leaders, placing into the record positive statements about the proposed compromise from the Catholic Health Association, the Association of Jesuit Colleges and Universities, and other Catholic groups. Meanwhile, outside the hearing, other Catholic voices challenged the credibility of the bishops' religious liberty alarmism.

Others cited fallacious examples to attempt to bolster their claim of lacking religious accomodation.

Also on hand: more nonsensical analogies to join Bishop Lori's previous testimony that the regulations were akin to forcing a Jewish deli to serve pork. Committee Chair Lamar Smith asked whether the government could force people to drink red wine for its health benefits. (As Rep. Zoe Lofgren noted, no one is being forced to use birth control.) Religious Right favorite Rep. Steve King lamented that in the past Christians had "submitted" to Supreme Court decision on prayer in schools and the Griswold decision and the right to privacy "manufactured" by the Supreme Court.

The piece goes on to discuss how religious liberty does require some accommodation of religious beliefs, and striking an appropriate balance is a delicate task. But whatever the outcome, Montgomery notes, the courts will evaluate the regulation of competing interests, and “religious liberty in America will survive.” You can read the entire article here.

PFAW

Senate Hearing Examines Indefinite Detention of Americans

Today, the Senate Judiciary Committee held a hearing entitled, “The Due Process Guarantee Act: Banning Indefinite Detention of Americans,” which shed light on controversial provisions of the National Defense Authorization Act for Fiscal Year 2012 (NDAA).

That act, signed into law on December 31, 2011, codified some of the most extreme abuses of civil liberties that have been pursued following the initiation of the ‘War on Terror,’ the actions of which, under the current administration, are now engaged under the title, ‘Overseas Contingency Operations.’ The most striking provision of the NDAA affirmed a broad interpretation of the Authorization for Use of Military Force Against Terrorists (2001) and stated that the executive has the power to detain anyone “who was part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities … without trial, until the end of the hostilities authorized by the [AUMF 2001],” which many interpret would permit even the indefinite detention of American citizens.

Although the current executive branch has pledged to not act upon these powers with respect to American citizens – President Obama signed the law with an adjoining statement, declaring, “my Administration will not authorize the indefinite military detention without trial of American citizens” – the potential for future administrations to engage in such clearly unconstitutional behavior, or for the Obama Administration to simply change its mind, is a danger that all Americans should be wary of.

Troubled by these possibilities, Senator Dianne Feinstein introduced the ‘Due Process Guarantee Act of 2011’ just hours after the final version of the NDAA was approved by the Senate. The bill seeks to amend the United States Code affected by the NDAA, effectively barring the executive from utilizing indefinite detention on American citizens without express approval from Congress to do so.

The hearing today regarded this remedial act; and there were fireworks to say the least.

Senator Feinstein, who chairs the Senate Intelligence Committee and is the author of the bill, repeatedly called into question the effectiveness of the provisions in question. Alluding to her past experiences on the Intelligence Committee, Feinstein echoed the concerns of leaders of intelligence and domestic crime fighting agencies who have expressed their disagreement with the infringement of the Armed Forces into domestic security concerns.

Senator Patrick Leahy, before passing the gavel to Senator Feinstein to chair the session, spoke more broadly about the practice of indefinite detention in his opening statement, stating, “A regime of indefinite detention degrades the credibility of this great Nation around the globe, particularly when we criticize other governments for engaging in such conduct.”

The most heated portion of the hearing arose when Senator Al Franken objected to the testimony of Steven G. Bradbury, a former Bush Administration appointee invited by Senate Republicans to testify in favor of the indefinite detention provisions. Franken alluded to the ‘enhanced interrogation’ memos (more accurately called torture memos) that Bradbury authored – which were the subject of a Justice Department probe that concluded by seriously questioning the legal work of Bradbury and others - and stated, “it’s very difficult for me, frankly, to rely on your legal opinion today.”

To ensure that future generations of Americans are not subject to indefinite detention without charge or trial, which was deemed unconstitutional by the Hamdi Supreme Court decision in 2004, please contact your local Representative and Senators to express your opposition to the NDAA, and encourage them to co-sponsor legislation to make sure the law reflects our Constitution’s most essential values. ( H.R. 36702 in the House; S. 2003 in the Senate).

PFAW

PFAW Commends Movement on DOMA Repeal

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) announced today that he intends to bring the Respect for Marriage Act, a bill that would repeal the discriminatory Defense of Marriage Act (DOMA), before his committee for a vote in November.

People For the American Way Supports Goodwin Liu for Ninth Circuit

By any standard articulated by either party, Goodwin Liu’s nomination deserves a vote on the Senate floor, and he should be confirmed to the Ninth Circuit Court of Appeals.
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