Supreme Court

PFAW Supports the U.S. Justice Department in Arizona v. United States

This morning, the Supreme Court heard the oral arguments of Arizona v. United States, a case that will examine key provisions of Arizona’s infamous and draconian immigration law, SB 1070. If implemented, the law, colloquially known as the ‘show me your papers bill,’ would lead to the unjust targeting of Arizonans through racial profiling and increased jail sentencing.

Because of SB 1070’s blatant assault on civil liberties, much of the nation was shocked by its passage. The United States challenged it in court, arguing that the state was unconstitutionally encroaching on the federal government’s responsibility for immigration law. Four sections of the bill were blocked by U.S. District Judge Susan Bolton of Phoenix on July 28, 2010. The 9th Circuit Court of Appeals in San Francisco upheld Bolton’s ruling, and after Arizona appealed that decision, the case arrived at the Supreme Court, which has chosen to address yet another politically polarizing issue in this critical election year. Although the threat to the basic rights of people – both citizens and immigrants – is the subject of significant concern, the legal issue before the Supreme Court today addresses whether Arizona’s effort to make life so miserable for immigrants that they leave the state is preempted by federal law.

Below is an analysis of the legislation that People For the American Way published when participating in a statewide boycott of Arizona following the passage of the legislation nearly two years ago.

Question: How does the Arizona law, S.B. 1070, expand racial profiling? Isn't it focused only on migrant workers?

Answer: Under current law, state-local police are authorized to enforce federal immigration laws only in limited circumstances. Even so, law enforcement in Arizona and across the country already is challenged by substantial evidence of wrongful arrests, racial profiling, and discrimination. The new law would dramatically expand the problem. Specifically, the new law:

• Increases the scope of those enforcing immigration laws from a few police departments, or units within departments, to every single law enforcement officer in the entire state.

• Expands the population at risk of being stopped, arrested, and detained from a limited number – those targeted by bona fide immigration enforcement operations, or those already in police custody – to everyone who comes into contact with a law enforcement officer who has a "reasonable suspicion" someone may be undocumented.

• Virtually guarantees that Latinos and other minorities will be asked to provide proof of legal residency, and be subject to arrest and detention if they cannot do so, at far higher rates than non-minorities. Research on racial profiling shows that, not only do minority drivers experience more traffic stops than non-minority drivers, once stopped, minorities are subject to higher rates of searches, arrests, and formal charges than similarly-situated non-minority drivers.

• Provides powerful incentives for wrongful arrests, racial profiling, and other abuse by creating a private right of action against any agency that fails to uphold the new law's provisions, while at the same time indemnifying police officers from litigation brought by those who are wrongfully detained or racially profiled.

Demonstrations in support of the U.S. Justice Department took place this morning, and PFAW staff were able to attend in solidarity.

End Note: Another controversial aspect of SB 1070 is the role that ALEC, the American Legislative Exchange Council, played in adopting the bill as model legislation and pushing it in states across the country. For an analysis of the ALEC connection and SB 1070, please read our report on ALEC in Arizona released in November 2011, “ALEC IN ARIZONA: The Voice of Corporate Special Interests in the Halls of Arizona's Legislature” and the Center for Media and Democracy’s blog post on the issue.

PFAW

PFAW Rallies to Uphold Healthcare Law

PFAW staff and supporters joined the throngs of supporters of the Affordable Care Act outside the Supreme Court today, while the Justices were hearing the second day of arguments on the constitutionality of the law.

Hundreds of activists chanted and carried signs supporting ObamaCare. For so many Americans, the ACA is the difference between receiving potentially lifesaving healthcare services and being denied for a preexisting condition or being financially devastated by an unexpected illness.

The ACA is a practical and constitutional approach to a solving a pressing national problem, and the Supreme Court should uphold the law.

 

 

 

 

PFAW

Roberts Court Pokes a Hole in the Family and Medical Leave Act

Conservatives close the courthouse door to certain Family and Medical Leave Act lawsuits against states.
PFAW Foundation

PFAW's Jamie Raskin Takes on Right-Wing Rhetoric on the Courts

As the 2012 presidential campaign gears up, PFAW Senior Fellow Jamie Raskin has collected an extensive glossary of the Right Wing’s favorite rhetoric about the Supreme Court and the Constitution. Sen. Raskin's Daily Kos piece explains the coded phrases and euphemisms, such as “federalism,” “legislating from the bench” and “original intent,” that the Right Wing uses to project their political agenda onto the Founding Fathers’ vision for America.

Here’s an excerpt :

“Follow the Law, Not Make the Law” – Right -Wing Usage: What Republican judges and justices do and what Republican judicial nominees will do, e.g., “It’s only a matter of time before our five justices who follow the law and don’t make the law strike down the Affordable Care Act (Obamacare) and Section 5 of the Voting Rights Act and step up the campaign to invalidate jury verdicts and punitive damages in the states.” Preferred Usage: Essentially meaningless campaign rhetoric used to describe judges who toe the right-wing corporate line, e.g., “I hope they follow the law, instead of making it, and cut our jury verdict down to a price that won’t cost us so much freedom of speech.”

You can read the whole glossary here.

PFAW

Super-PAC Tuesday

Ten states are holding primaries and caucuses today, earning March 6th the title of “Super Tuesday.” Participants will show up, cast their vote, and hopefully feel good for participating in the democratic process and fulfilling their civic duty.

But thanks to Citizens United, and the Super PACs that flawed decision gave rise to, the voters are not the stars of this show. An outpouring of cash from a few extremely wealthy donors has dramatically altered the campaign landscape, altering the balance of influence from individual donors and grassroots donors to rich special interests and corporations.

As illustrated above by Dave Granlund, tonight’s contests should really be called Super-PAC Tuesday. NPR reports that in the ten states up for grabs, Super PACs have spent a whopping $12 million for ads:

Leading the way is Restore Our Future, the superPAC that backs former Massachusetts Gov. Mitt Romney. According to Federal Election Commission numbers, Restore Our Future has spent $6.9 million on the Super Tuesday states.

"The groups have clearly taken the lead in advertising for the whole Republican primary. They're very much taking the lead in advertising for Super Tuesday. It's mostly the 'Restore Our Future show,' followed by Winning Our Future, which is the Gingrich group, and Red, White and Blue, which is the Santorum group," says Ken Goldstein, who tracks political ad spending for Kantar Media CMAG.

Red, White and Blue has spent some $1.3 million on Super Tuesday, and has been running an ad in Ohio that goes after Romney for his alleged similarities to the man all Republicans want to defeat in November: President Obama.

These ads supposedly (and unconvincingly) act independently from a candidate’s official campaign, meaning that candidates are unaccountable for their content. But as Katrina vanden Huevel points out in today’s Washington Post, these superPACs reach “barely a legal fiction,” populated as they are with former staff and fundraisers for the candidates they “independently” support.  And this is in addition to the spending by 501 c-4 organizations the sources for which do not even have to be disclosed.

This is not what democracy looks like. We have to end unfettered political spending in our elections system – and solutions like the DISCLOSE Act and a constitutional amendment to overturn Citizens United are gaining steam. $12 million worth of ads on Super-PAC Tuesday alone should convince everyone that enough is enough.

PFAW

Unlimited Donations Toward an Extreme Agenda

Talk about Citizens United usually revolves around the anti-democratic fact that corporations and wealthy donors are now free to give unlimited amounts to oppose or support candidates of their choice. While it’s obvious that those wealthy individuals seeking to buy an election are likely to hold significant influence over their candidate of choice, it’s important to remember that these donors aren’t just hoping to elect the candidate they would most like to have a beer with – they are trying to buy the opportunity to enact a far-reaching policy agenda.

An editorial in today’s New York Times explores the policy interests of some of the approximately two-dozen individuals, couples and companies who have given 80 percent of the money collected by Super PACs – a whopping $54 million. These people want more than just President Obama’s defeat; an extreme Right-Wing policy agenda is part of the package.

Harold Simmons, a billionaire corporate raider, has given $1 million to Mr. Gingrich’s political action committee, $1.1 million to Rick Perry’s PAC, $100,000 to Mitt Romney’s PAC, and $10 million to American Crossroads, the super PAC advised by Karl Rove that is supporting many Republican candidates. Mr. Simmons’s companies make metals, paints and chemicals, among other things, and have gotten into trouble over lead and uranium emissions from previous decades. He also runs a radioactive waste dump in Texas that has clashed with environmental regulators over its proximity to a nearby aquifer. He controls Waste Control Specialists, which has contracts to clean up federal hazardous waste sites, including emissions from other companies he controls.

Peter Thiel, a co-founder of PayPal and an outspoken libertarian, gave $2.6 million to Ron Paul’s PAC. In 2009, he wrote that the 1920s were the last decade when one could be optimistic about American politics, lamenting the subsequent rise of the welfare state that he blamed in part on giving women the right to vote.

Foster Friess, who gave $1 million to Rick Santorum’s Red White and Blue PAC, is a mutual fund manager who recently declared that aspirin used to be an effective contraceptive when women put it between their knees. He is a former president of the Council for National Policy, a secretive club of some of the country’s most powerful conservatives, which opposes unions, same-sex marriage and government regulation.

If roughly 24 people can use their gigantic bank accounts to pursue an agenda like this, it’s no wonder that the vast majority of Americans believe the pervasive influence of money in politics –exasperated by the Supreme Court’s decision in Citizens United – is not working in the people’s best interest.

PFAW Foundation

A Chance to Overrule Citizens United?

Justices Ginsburg and Breyer suggest that Citizens United should be revisited via a case from Montana, based on the past two years' experience.
PFAW Foundation
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