With immigration reform moving toward a vote in the Senate, anti-immigrant forces are ratcheting up their rhetoric. On Wednesday night, Eagle Forum hosted an “emergency” phone briefing intended to spur grassroots lobbying by their activists. It featured dire warnings about the Senate bill spelling doom for America, attacks on pro-reform Sen. Marco Rubio, and a joking suggestion that activists planning a visit to Sen. Susan Collins’ office “shoot her.”
Joining Eagle Forum’s Colleen Holcomb were Stephen Miller (standing in for his boss Sen. Jeff Sessions), Rosemary Jenks from anti-immigration Numbers USA, right-wing pundit Betsy McCaughey, and activist leaders from around the country. Also joining the call was the Heritage Foundation’s Robert Rector, whose much-maligned “study” of the costs of immigration reform has gained attention mostly for the views of its co-author, since forced to leave Heritage, that immigration policy should reflect his belief that Hispanics have lower IQs than the “white native” population of the U.S.
One notable feature of the call was anger at Sen. Marco Rubio, who not long ago was the darling of the Tea Party movement, but who is now vilified for his support of immigration reform. Speakers on the Eagle Forum call expressed contempt for Rubio, saying he has been lying about the bipartisan “Gang of Eight” bill.
Rosemary Jenks from Numbers USA called the current Senate bill “devastating for America” and worse than the immigration bill that was defeated in 2007. “If this amnesty passes,” she warned, “that’s it for America.” Jenks insisted there is no way to fix the bill. “There is no series of amendments that can make this bill palatable to the American people,” she said. “Kill it dead, now, because it is not savable.” Jenks said it is important to keep the bill from passing in the Senate, because if it passes, and the House passes any kind of immigration legislation, the bills would go to conference where she said it would leave our future in the hands of President Obama, Harry Reid, and John Boehner.
Betsy McCaughey, a right-wing think-tanker and former Lt. Governor of New York, urged activists to point out sections of the bill that she said people will find “repulsive,” including provisions that she said would put “left-wing community organizations” in charge of assisting people applying for legal status. She said Rubio has not read the bill he is promoting.
Rector echoed that charge, saying Rubio “has no knowledge whatsoever” of what is in the bill. Rector defended his calculation that the immigration reform bill would cost America $6 trillion over the next 50 years and accused the bill’s supporters of deceiving the American public about its costs.
Callers were urged to rely on resources from Numbers USA, the Federation for American Immigration Reform, and the Center for Immigration Studies, a trio of organizations that are, in the words of the Southern Poverty Law Center, “fruits of the same poisonous tree.” According to the SPLC,
“Together, FAIR, CIS, and Numbers USA form the core of the nativist lobby in America. In 2007, they were key players in derailing bipartisan, comprehensive immigration reform that had been expected by many observers to pass. Today, these organizations are frequently treated as if they were legitimate, mainstream commentators on immigration. But the truth is that they were all conceived and birthed by a man who sees America under threat by non-white immigrants. And they have never strayed from their roots.”
The remarks about Sen. Collins came in response to a question from an activist looking for suggestions for an upcoming meeting with her district office. “Yeah, shoot her,” came the response from a participant on the call. Awkward laughter followed, along with a speaker’s suggestion that they “shoot her with data.”
Maine Republican Sen. Susan Collins signed on today as a cosponsor of a blatantly political bill meant to deny President Obama, unlike any of his predecessors, the ability to fill vacancies on the D.C. Circuit Court of Appeals.
The D.C. Circuit is the second most influential court in the country, behind the Supreme Court. It has the final word on scores of federal laws and regulations, from consumer protections to workers’ rights to environmental protections.
For more than 30 years, presidents of both parties have placed numerous judges on the D.C. Circuit:
Senate Republicans prevented President Obama from placing a single nominee on the court during his first term and the first four months of his second, despite the fact that one-third of its active judgeships were vacant. They were so eager to keep the court dominated by Republican-nominated judges that they twice filibustered President Obama’s first nominee to the court, the eminently qualified Caitlin Halligan. Yesterday, after a ten-month delay, the Senate finally confirmed an Obama nominee, Sri Srinivasan, to fill one of the court’s four vacancies. But Republicans are indicating that their cooperation will stop there.
Senate Republicans are not only vowing to block any Obama nominees to the remaining three seats on the D.C. Circuit, they are actually proposing a bill that would eliminate those three seats entirely in order to prevent President Obama from filling them.
The bill, sponsored by Senate Judiciary Committee ranking member Chuck Grassley and cosponsored by every other Republican member of the Judiciary Committee, just gained its first non-committee cosponsor: Sen. Collins.
The bill’s backers claim that the D.C. Circuit doesn’t have a great enough workload to justify filling the remaining three judgeships. However, Sen. Collins’ own voting record provides a perfect refutation of that argument.
Sen. Collins and her allies object to Obama’s filling the 9th, 10th and 11th seats on the D.C. Circuit. However, when George W. Bush was president, Sen. Collins had no such reservations about the need to fill the court's vacancies. In 2006, Collins voted to confirm Bush nominee Brett Kavanaugh to the 10th seat on the D.C. Circuit. In 2005, she voted to confirm Bush nominees Janice Rogers Brown to the 10th seat on the court and Thomas Griffith to the 11th.
Following the Griffith confirmation, which Collins supported, the D.C. Circuit’s caseload was 119 cases per active judge. If every one of the D.C. Circuit’s 11 seats were filled today -- including the three seats that Sen. Collins wants to eliminate – the court’s caseload would be slightly higher than it was then, at 120 cases per active judge. Sen. Collins evidently thinks that what was a reasonable caseload for the court under President Bush is somehow wastefully low under President Obama.
Meanwhile, here is Sen. Sheldon Whitehouse refuting Sen. Grassley’s absurd claim that President Obama is trying to “pack” the D.C. Circuit by filling its vacancies:
To: Editorial boards and journalists
From: Marge Baker, Executive Vice President, People For the American Way
Subject: Gridlock or Bust: How the Senate GOP Has Abandoned Its Own Nominees for the Sake of Obstruction
Date: July 19, 2012
Yesterday, Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell got into a shouting match on the Senate floor, each of them accusing the other of purposefully stalling Senate business.
One of them was right. The other was making flimsy excuses.
Senate Republicans under McConnell’s leadership have routinely stalled the government’s business even on matters on which they agree with Democrats. Nowhere is this clearer than in the obstruction of nominees to the federal courts, particularly those with strong bipartisan support. And nowhere is that clearer than the senseless filibuster of the nomination of Oklahoma’s Robert Bacharach to the Tenth Circuit Court of Appeals.
Bacharach has the strong support of both of Oklahoma’s Republican senators. He was approved by a strong bipartisan majority in the Senate Judiciary Committee. Yet McConnell, citing a nebulous so-called rule named after South Carolina segregationist Sen. Strom Thurmond, refuses to hold a vote on Bacharach’s confirmation. (Under Senate rules, the majority cannot schedule a vote without the consent of the minority party. Denying that consent for President Obama’s judicial nominees has been standard operating procedure for McConnell. This quiet filibuster is usually hidden from the public unless the majority calls for a cloture vote to end it.)
Oklahoma’s Robert Bacharach and the 20 other highly qualified judicial nominees awaiting confirmation deserve swift up-or-down votes from the full Senate.
McConnell is misleading Americans on the extent of his own obstruction.
In their exchange yesterday, Sen. McConnell accused Sen. Reid of “basically trying to convince the American people that it’s somebody else's fault, that the Senate is not doing the basic work of government.”
The Senate is not doing the basic work of government. But the blame for that lies squarely on the shoulders of McConnell and his party.
Look at the progress on the confirmation of President Obama’s judicial nominees: the average federal court nominee under President Obama has waited 103 days after committee approval just for an up-or-down vote from the Senate. The average wait for George W. Bush's nominees at this point in his first term was just 34 days. The result is that only 153 Obama nominees have been confirmed so far, compared with 197 Bush nominees at the same point in his term. While Bush cut the judicial vacancy rate by over one third during his first term in office, Obama is set to end his first term with more vacancies than he started with, capping off a historically long period of high vacancy rates.
McConnell, unsurprisingly, has been trying desperately to hide these numbers. In an op-ed in the Los Angeles Times yesterday, he and Sen. Charles Grassley claimed that the Senate today “already has confirmed 152 of his lower-court nominees, compared to only 119 of Bush's under similar circumstances.”
What they call “similar circumstances” is what the rest of us would call “apples and oranges.” The senators are comparing the confirmation rate in Obama’s first term to that in Bush’s second term – when, because of a cooperative Senate he had many fewer judicial vacancies to fill.
McConnell is prioritizing obstruction over the wishes of his fellow GOP senators.
Tenth Circuit nominee Robert Bacharach of Oklahoma has the strong support of both of his home-state GOP senators. In fact, Sen. Coburn has publicly spoken out against the needless obstruction of Bacharach’s nomination, calling McConnell’s delays “stupid.” Bacharach’s position is similar to that of First Circuit nominee William Kayatta of Maine, who is being filibustered by the Senate GOP despite support from home-state Republican senators Olympia Snowe and Susan Collins.
Both nominees received bipartisan support in the Senate Judiciary Committee. Both have earned the American Bar Association’s highest rating.
Yet Kayatta has been waiting for a Senate vote since April and Bacharach since June. And if McConnell continues to have his way, neither nominee will even reach a Senate vote this year. Why? The Minority Leader arbitrarily announced last month that he would block all Circuit Court nominees until after the presidential election.
Sen. McConnell is trying to fool the American people with his creative statistics and denials. Under his leadership, the Senate GOP has become a force of gridlock, stopping even routine government business at every opportunity. If Sen. McConnell wants to prove that current Senate dysfunction is not the fault of his party, he can start by allowing a vote on Robert Bacharach.
Press contact: Miranda Blue, firstname.lastname@example.org, (202) 467-4999
To: Editorial boards and journalists
From: Marge Baker, Executive Vice President, People For the American Way
Subject: In Fight over Maine Judicial Nominee, a Perfect Storm of Senate Dysfunction
Date: July 12, 2012
How far will Senate Republicans go to obstruct government business in the final months before the presidential election? The fight over a noncontroversial Maine judicial nominee, which is coming to a head this week, shows just how far.
The struggle to confirm Maine’s William Kayatta to the First Circuit Court of Appeals is a perfect illustration of the Senate GOP’s commitment to obstruct all progress that might in any way help President Obama – even if it means throwing members of their own caucus under the bus. Maine’s Republican senators both strongly support Kayatta’s nomination. He was approved overwhelmingly by a bipartisan majority of the Senate Judiciary Committee. (The only no votes were from Utah Sen. Mike Lee, who is voting against all nominees in protest of President Obama’s recess appointments and Alabama Sen. Jeff Sessions, who objected to Kayatta’s role on an ABA panel that had the nerve to find Elena Kagan “qualified” for the Supreme Court).Yet his nomination has been waiting on the Senate calendar since April 19. And if Kayatta is not confirmed before the Senate leaves for its summer recess, the seat he’s been nominated to fill could be left open for more than a year.
What should be a fairly straight-forward job for the Senate has turned into an election year struggle of wills – at the cost of Americans who rely on fully functioning courts and a Congress that does its job.
Here’s how it happened.
Last month, Senate Minority Leader Mitch McConnell took the extraordinary step of announcing that Republicans would block all votes on all circuit court nominees between now and Election Day. This wasn’t welcome news to some Senate Republicans who have circuit court nominees who they are eager to put on the bench in their states. William Kayatta from Maine has the backing of Senators Snowe and Collins, and Robert Bacharach from Oklahoma has the support of Senators Coburn and Inhofe. Snowe and Collins have said they would support cloture to end the filibuster of Kayatta. Collins said in a statement that “It simply isn’t fair that Bill [Kayatta], who would be a superb judge, now appears to be caught up in election year politics. “ Coburn was more blunt, publicly stating, “I think it’s stupid.”
At the same time, Senate Republicans announced that they would continue to allow votes on district court nominees -- as if that were some great concession on their part instead of a basic part of their job. But it turns out that even that one bare promise was an empty one: For the past two months, the confirmation of judicial nominees has slowed to virtually a standstill, with an average of less than one vote per week.
This week, for example, Senate Republicans have allowed just one judicial confirmation vote: on a district court nominee in Tennessee. In fact, over the past eight weeks there have been only seven confirmations, of five district and two circuit court nominees. Both circuit court confirmations required a cloture vote to overcome Republican filibusters, after which the decidedly noncontroversial nominees were easily confirmed – one even by voice vote.
By contrast, during the same period preceding George W. Bush’s reelection campaign, the Senate confirmed nearly four times as many judges: 25 (20 district and five circuit). Under the “regular order” established during the Bush administration, the Senate should be holding at least three to four confirmation votes each week. Failing to move at that pace will mean that the Senate simply won’t be able to keep pace with the nominees being reported by the Senate Judiciary Committee.
Kayatta is now one of 18 highly qualified pending nominees who have been approved by the Judiciary Committee and who have been waiting for a simple up-or-down vote from the Senate. These are not controversial picks: 15 were approved by the Judiciary Committee with strong bipartisan support, and ten have been waiting for a floor vote since April or earlier.
The filibuster of Kayatta, who has been waiting since April 19 for a Senate vote despite enthusiastic support from his Republican home-state senators, is a perfect illustration of this mindless obstruction.
Kayatta is extraordinarily well qualified to be a circuit court judge
Delaying a vote until after the election will harm people throughout New England
Kayatta has earned strong bipartisan support
On both the circuit and the district court level, Republicans are needlessly blocking votes on eminently qualified, consensus nominees whose only “flaw” seems to be that they were nominated by President Obama. It’s time Senators rolled up their sleeves and did the business of the country they were sent to office to do.
Today, in a 63-33 vote, the Senate broke a filibuster of the nomination of John McConnell to serve as a district court judge in Rhode Island. The attempted obstruction of a district court nominee was a top priority for the U.S. Chamber of Commerce, which spent enormous lobbying resources on sinking McConnell’s nomination. The Chamber objected to McConnell’s work as a public interest lawyer in Rhode Island, where he took on lead paint manufacturers and tobacco companies on behalf of consumers.
TV ads airing this week in Maine, Minnesota, New Hampshire, North Carolina and Oregon focus on the harmful impact of key senators' votes to confirm Bush nominees Samuel Alito and John Roberts to the U.S. Supreme Court and urges them to stop supporting bad judges.