Thom Tillis

Right Wing Gets It: Elections Matter Because Courts Matter

For right-wing advocates, big conservative wins in the Supreme Court’s recently completed term have only confirmed the importance of electing a president in 2016 who will give them more justices in the mold of Samuel Alito and John Roberts.  The Roberts and Alito nominations, and the conservative majority created by their confirmations, represent the triumph of a decades-long push by right-wing funders, big business, conservative political strategists, and legal groups to take ideological dominion of all levels of the federal judiciary.

Right-wing groups have long made attacks on the federal judiciary a staple of their rhetoric. Many claim America’s decline began with Supreme Court rulings against required prayer and Bible readings in public schools in the 1960s. Roe v. Wade, and more recently, judicial rulings in favor of marriage equality, have been characterized as “judicial tyranny” and “judicial activism.” Of course right-wing legal groups have been pushing hard for their own form of judicial activism, and have pushed Republican presidents to nominate judges they can count on. 

As Jeffrey Toobin notes in a recent profile of presidential hopeful Sen. Ted Cruz in the New Yorker,

Conservatives like Cruz never stopped denouncing liberals for their efforts to use the courts to promote their ideological agenda, even as they began to do much the same thing themselves. The heart of Cruz’s legal career was a sustained and often successful undertaking to use the courts for conservative ends, like promoting the death penalty, lowering the barriers between church and state, and undermining international institutions and agreements.

Right-wing activists are proud of what they have accomplished, as Richard Land, long-time leader of the Southern Baptist Ethics and Religious Liberty Commission, told National Journal’s Tiffany Stanley.  As Brian Tashman reports in RWW, Land “waxed nostalgic for the days when President Bush was in office…and especially for Bush’s commitment to nominating ultra-conservative federal judges.”

 “Alito and Roberts are the gifts that keep on giving, and we would have gotten neither one of those without our involvement,” Land said, predicting that Roe v. Wade will soon be “thrown onto the ash heap of history.”

…The Supreme Court’s ruling this year in the Hobby Lobby case shows the Religious Right’s strong focus on the judiciary is paying off.  And Tony Perkins of the Family Research Council told Stanley that conservatives will continue to use the courts as part of their strategy to keep “the barbarians at bay.”

But in spite of their wins, and their success in creating the most pro-corporate Court since the New Deal, right-wing activists are nervous that some of their big wins, like Hobby Lobby and Citizens United, were 5-4 decisions. They want to pad their majority and continue their march to remake America via the courts.

The Senate

Since federal judges have to be confirmed by the Senate, right-wing groups are also using the Supreme Court in 2014 Senate campaigns. An anti-choice PAC, Women Speak Out, followed the Hobby Lobby ruling almost immediately with attacks on Mark Pryor and other Democrats for not having supported the confirmation of Samuel Alito.

On the day of the Court’s decisions in Hobby Lobby and Harris v. Quinn, North Carolina House Speaker Thom Tillis, a Republican, who is challenging U.S. Sen. Kay Hagan, a Democrat, tweeted “Today’s SCOTUS rulings were a win for our 1st Amendment freedoms, a loss for Hagan, Obama, & DC bureaucrats.”

Cleta Mitchell, a lawyer who represents right-wing groups, told the Washington Post, “These Supreme Court decisions, it’s a reminder to people on our side of the aisle of the importance of the court, and then the importance of recapturing the Senate.”

Religious Liberty ‘Hanging by a Thread’

Right-wing pundits and organizations are already ramping up their rhetoric on judges as a 2016 presidential campaign issue, with many touting the 5-4 decision in Hobby Lobby as evidence that religious liberty is “hanging by a thread.”

Rush Limbaugh went on a tirade against Hillary Clinton after she criticized the Hobby Lobby ruling:

Can I tell you the truth about the Hobby Lobby ruling?  We're in such dangerous territory in terms of losing our freedom that we cheer when five out of nine people uphold the Constitution.  We're not advancing anything, folks.  We are barely hanging on here.  …  And here comes Hillary Clinton thinking this decision is a step toward the kind of anti-women policy seen in extremist undemocratic nations is outrageous. 

The woman is either a blithering idiot or a total in-the-tank statist, maybe a combination of the two.  But this is not a step toward anything.  This is a temporary halt in the onslaught toward totalitarianism.

We're just barely hanging on.  We cheer! We conservatives stand up and cheer when we manage to get five people to see it the right way.  "Oh, my God! Oh, Lord! Thank you so much, Lord. You saved another day."  Five people out of nine, five said the Constitution means what it says.  The troubling thing to me is the four people that didn't!  Liberty and freedom are hanging by a thread here! 

That theme was echoed by the Archdiocese of Washington’s Msgr. Charles Pope:

“OK, We won. But the Hobby Lobby vote should have been 9-0. Wake up, America. Your liberty is on the line!”

It is simply outrageous that four Supreme Court Justices, and many Americans, cannot see the clear and offensive proposition of the Government in this regard…..We won today, but barely. It should have been 9–0. Wake up, America; your religious and other liberties are hanging by the thread of one vote.

Former presidential candidate Gary Bauer of American Values weighed in in similar fashion:

“While we celebrate this victory, the fact remains that four justices on the Supreme Court, including the two appointed by Obama, evidently share his narrow view of America's first freedom and were willing to trample the religious liberty of millions of Americans in order to advance their radical pro-abortion agenda.

This narrow decision, with four liberal justices eager to go the wrong way, is a stark reminder to every man and woman of faith that their religious liberty is hanging by a thread.

The Court as Right-Wing Campaign Issue for 2016

Right-wing pundits and presidential candidates frequently use the federal judiciary as an issue to excite base voters. Back in 2012, one of the most effective things Mitt Romney did to shore up his weak support among conservative activists was to name a judicial advisory team headed by Robert Bork. That year, Terence Jeffrey, who worked on Pat Buchanan’s presidential campaigns and has written for right-wing publications, wrote:

Three of the nine justices on a U.S. Supreme Court that has decided many significant issues by 5-4 votes over the past decade will turn 80 years of age before the 2016 presidential election.

The three justices are Antonin Scalia, an anchor of the court’s conservative wing, Ruth Bader Ginsburg, an anchor of the court’s liberal wing, and Anthony Kennedy, who is often the decisive swing vote in 5-4 opinions….

Bobby Jindal is among the crop of potential 2016 presidential candidates who is making an issue of the courts.  In an interview with a conservative Christian blogger during last month’s Iowa state Republican convention, Jindal suggested if Republicans take control of the Senate this year they would block additional nominees. Asked about federal judges overturning state marriage bans for same-sex couples, Jindal said, ““This shows you the importance of the November elections.  We don’t need this President putting more liberal judges on the bench.”

It is important, whether you are a lawyer or not, to understand what it means for the courts to actually apply the Constitution as opposed for them just to create new laws or to read things and just decide they are going to contradict what the other two branches of government did.  We’ve gotten away from these three separate but equal branches of government and instead we’ve got these activist judges who are overreaching. We have to recognize the problem for what it is,” Jindal added.

He emphasized the importance of elections and their impact on judicial confirmations because sometimes Constitutional amendments will correct the problem, and other times federal judges will just overrule them.

Mike Huckabee has seemingly made attacks on the judiciary a centerpiece of his campaign. In May, he called for the impeachment of an Arkansas judge who ruled in favor of marriage equality. Last year, urging Senate Republicans to block an Obama appeals court nominee, he said, “Judges can linger on for decades after a President leaves office, and a bad one can wreak havoc that echoes down the ages.”

Meanwhile, presidential contender Rick Santorum and the right-wing Judicial Crisis Network are attacking Chris Christie for not sufficiently making right-wing ideology a litmus test for his state judicial appointments.  Santorum told Yahoo News earlier this month, “To see a record as abysmal as Gov. Christie’s record in the state of New Jersey, I guarantee you that will be a red flag for most voters in the state of Iowa, but also most voters in the Republican primary.” (Earlier this month, while in Iowa campaigning for Gov. Terry Branstad, Christie said he supports the Court’s Hobby Lobby decision; he had initially declined to say whether he supported the decision.)  

The Judicial Crisis Network has also slammed Christie, saying his failure to “deliver on judicial activism” may have doomed his 2016 presidential hopes. It has created an entire website devoted to trashing Christie’s judicial record to conservative voters:  www.christiebadonjudges.com. In June, Fox News ran an op ed by JCN’s Carrie Severino using Christie’s alleged failure to appoint right-wing ideologues to the state supreme court as a way to discredit him with conservative activists.

Christie didn’t deliver on judicial activism. Has he doomed his 2016 bid?

If a candidate’s tenure as governor is his road-test for the presidency, Governor Chris Christie just flunked.

As a candidate for governor, Christie talked the talk on judges, vowing to "remake" the New Jersey Supreme Court and to transform the most activist court in the nation into one that operates under the rule of law. 

Despite having the opportunity to appoint four of seven justices on the court since taking office, Christie has repeatedly nominated individuals with no discernible judicial philosophy….

And while elected representatives must stand for re-election every few years, federal judges sit for life. 

Today’s nominee could still be playing the same tricks in 2050 or beyond.  That is why the issue of judges matters so much during presidential primaries and caucuses….

Right-wing advocates have been talking for a while about how important it is to their judicial plans not just to elect a Republican, but to elect a Republican committed to making the kind of Supreme Court nominations they want. In February, right-wing activist Mychal Massie complained that many justices nominated by Republican presidents over the past few decades did not turn out to be ideological warriors (though that is hardly the case with more recent nominees).

But forward-thinking conservatives are keenly aware that we must be concerned about the future as well, and not just because of Obama. Based on age alone, one of the primary areas of concern is that the person elected president in 2016 will potentially have at least four Supreme Court Justices to replace. Two of the potential four are liberals, so a Democrat president would simply be replacing liberals with liberals, ergo, it would be a wash. But of the other two the one is a solid Constructionist, and the other is a swing vote who has, in recent years, ruled based on Constructionism enough times that we should be concerned if a Democrat president replaces him….

As you can see, the potential for the political complexion of the High Court to be changed for decades to come should be of critical concern if a Democrat wins the presidency in 2016. But, it is myopic betise on an epic level to even for an instant believe we need not be concerned if a Republican wins. Especially if it is an establishment Republican….

With Karl Rove and Reince Priebus pulling the strings of the GOP and RNC, the Republican Party resembles a RINO theme park more than it does the Party true conservatives have supported.

With them controlling things from behind the curtain it is not just critical that the next president be “conservative” but he/she must be a legitimate conservative whose conservative bonafides are unimpeachable. It does conservatism no good to elect a Mitt Romney, John McCain, or Jeb Bush type. The 2016 election will place in office a person with the potential to change the face of SCOTUS for many decades to come. And as John Boehner, Eric Cantor, Mitch McConnell, et al. have showed us — it’s not just Democrats who are betraying us.

Religious Right leaders will certainly be keeping the issue of judicial nominations at the forefront of the 2016 campaigns. This week, George O. Wood, who heads the Assemblies of God denomination, wrote:

Moreover, we should encourage voting because elections have consequences. One of those consequences is that the president nominates judges who serve on district and appellate courts and on the Supreme Court. The U.S. Senate must then approve those nominees. It is a sad fact that no evangelical sits on the Supreme Court—even though evangelicals constitute a very large faith community in America. I suspect that at present no evangelicals could even be nominated or confirmed to a federal bench because they hold views that are pro-life and pro-traditional marriage. People in our Fellowship need to remember that when they cast a ballot, they effectively decide who will sit as a federal judge. Indirectly, they are casting a vote for or against a robust understanding of the free exercise of religion.

PFAW Mobilizes Latino Voters to Save the Senate, Has First Spanish Language Ad in North Carolina Race

The National Journal just cited our work in an article about how control of the Senate could hinge on Latino voters. The story focused on the North Carolina race and noted that PFAW was the first group out with a Spanish Language ad targeting extreme Republican candidate Thom Tillis. PFAW’s political director, Randy Borntrager, spoke with the National Journal about why Tillis is out of touch with North Carolinians, and why his extreme agenda is bad for Hispanics.

From the article:

"North Carolina is the first state we've gone into because Thom Tillis's extreme agenda is forcing our hand to get involved early," said PFAW political director Randy Borntrager. "We're extremely concerned about the Latino community understanding what's at stake, so we engaged quickly."

Borntrager said Tillis's record on Medicaid, education, and tax breaks for the wealthy, combined with a history of "foot-in-mouth" comments when it comes to minorities, was something PFAW would make sure all Latinos were aware of come November.

"He's so bad on so many issues that's it is an incredible motivation to get out and vote," Borntrager said.

PFAW's award-winning program to mobilize the Latino vote has made a difference in key races over the last several election cycles – including major impacts in several presidential swing states in 2012. As Latino voters become more and more critical to progressive victories at the ballot box, our program will continue to grow with the support of allies who understand the urgent need to speak directly to this long-overlooked community.

Read the entire article here.

PFAW

North Carolina GOP Senate Candidate Thom Tillis Marginalizes Minority Communities

In an interview recorded in September 2012, North Carolina Speaker of the House and U.S. Senate candidate Thom Tillis compared the growing population of African Americans and Latinos to a stagnant “traditional population of North Carolina and the United States.”

In an interview highlighted by Talking Points Memo, which first spotted the 2012 interview, a spokesman for Tillis claimed that “traditional North Carolinians refers to North Carolinians who have been here for a few generations.”

If you listen to the full context of Tillis’ remarks, however, it is clear that he was referring to the “traditional population” as a group distinct from the “Latino population” and the “African American population.”

Right Wing Watch points out that “traditional population” and “traditional Americans” are frequently used by anti-immigrant extremists as euphemisms for “white population.” For instance, in The Social Contract, a journal founded by an influential anti-immigrant leader, the term is used in a 2012 essay by Brenda Walker when she says, “Traditional Americans are assailed by affirmative action and benefits for illegal aliens, which are not available to citizens.”

In speaking of the “traditional population,” Tillis stands alongside people like William Gheen, founder of anti-immigrant group Americans for Legal Immigration PAC, who said that immigration reform would create a situation in which “traditional Americans, like those who that have been here for hundreds of years in descendancy, will no longer govern our own nation.”

It is true that North Carolina’s African American, Latino, and Asian American populations are growing faster than its white population. For instance, the Latino population in North Carolina grew by 111.1 percent from 2000 to 2010, increasing from 4.7 percent of the population to 8.4 percent. Yet Tillis has consistently worked to marginalize Latinos, by cutting spending on education, opposing healthcare reform, and supporting a restrictive voter identification law ironically called “VIVA.” That’s why People for the American Way is working in North Carolina this year to make sure Latino voters know the threat posed by Tillis’ extreme agenda.

Last year PFAW’s Spanish-language advertising helped spur turnout among Latinos in Virginia’s gubernatorial elections, and did the same in many 2012 battleground contests. As we look to the 2014 elections, Tillis’ actions and statements marginalizing the Latino community will represent a real challenge to his standing in an increasingly powerful voting bloc.

PFAW

Tillis Borrowed 'Traditional Population' Phrase From Anti-Immigrant Extremists

TPM has dug up a 2012 interview in which North Carolina House Speaker and Republican U.S. Senate candidate Thom Tillis contrasts the growing black and Latino populations with the more stagnant “traditional population of North Carolina and the United States.” (The exchange starts about 2:45 into this video.)

Tills made the remarks while discussing the need for the Republican Party to reach out to and appeal to non-white voters — but the phrase “traditional population” as a euphemism for white Americans was lifted right from the racist, anti-immigrant fringe.

The Social Contract, the journal founded by anti-immigrant movement godfather John Tanton frequently uses the phrasetraditional Americans” to mean non-immigrants, and specifically white non-immigrants. One example, from an essay by Brenda Walker in the Fall 2012 issue: “The idea of diversity has been used like a club, to force obedience to the utopian multicultural state, as traditional Americans are assailed by affirmative action and benefits for illegal aliens, which are not available to citizens.”

The white nationalist website VDARE is also known to use the formulation. The late white supremacist writer Sam Francis, who was a contributor to VDARE, has also used the phrase.

The phrase is also a favorite of William Gheen, the leader of the anti-immigrant hate group Americans for Legal Immigration PAC, who warned earlier this year that immigration reform would “lead to a situation where traditional Americans, like those that have been here for hundreds of years in descendancy, will no longer govern our own nation.”

Eagle Forum, the group founded by Phyllis Schlafly, hinted at the same idea when it lamented that “non-whites, non-Christians, and non-marrieds vote Democrat out of group identifications. That is, they see it as being in their group interests to tear down traditional American culture.”

Famously, Fox News’ Bill O’Reilly made the same connection when he lamented that changing demographics mean "it’s not traditional America anymore.” Pat Buchanan’s 2009 column, “Traditional Americans Are Losing Their Nation,” got at the same point.

Even if Tillis meant what he said about reaching out to black and Latino voters, his use of the phrase “traditional Americans” as a euphemism for white people shows that he has a long way to go.

Spanish-Language Radio Ad Challenges Tillis in North Carolina

People For the American Way is launching a Spanish-language radio ad today challenging North Carolina Senate candidate Thom Tillis and his extreme stances on education, healthcare, and tax breaks for the rich. The ad will air starting today in Charlotte, Greensboro, and Raleigh.

“Thom Tillis has pushed an extreme agenda throughout his career,” said Randy Borntrager of People For the American Way. “He’s given tax breaks to the most privileged of our society while raising taxes on middle class families, and wants to roll back critical health care protections for families. Thom Tillis’ dangerous agenda is too extreme and Latino voters deserve to know what is at stake this election.”

The ad is the latest in PFAW’s campaign to connect with Latino voters in key states, exposing the extreme views of GOP candidates. (An English translation of the ad is available below. You can hear an English version of the ad here.)

ROSA: Como mamá, como mujer, como Hispana,
yo no apoyo al republicano Thom Tillis.
Y no lo haré ¡nunca!
Porque jamás apoyaré a una persona que recorta los fondos públicos a la educación y reduce el gasto social en salud.
¡¿Pues quién se cree este señor?!
Es obvio que no entiende, ni valora, la importancia de la educación, y no apoya el futuro de nuestros hijos.
¡Pero eso sí! Apoya los recortes en impuestos para yates y aviones de los ricos. 
Thom Tillis, ¡por favor!
Hay que ordenar sus prioridades.
Además, quiere quitarle el seguro médico a quienes lo tienen.
El seguro médico que yo ¡y SIETE MILLONES de norteamericanos! por fin tenemos, y que nos protege a nosotras y a nuestra familia.
Carolina del Norte es nuestro hogar.
Y el republicano Thom Tillis está en contra de todo lo que es importante para las familias Hispanas. Empezando por un mejor futuro para nuestros hijos.
Y si él está en contra de eso, yo estoy en contra  de él.
¡Así de fácil!
VO DISCLAIMER:
Este mensaje es pagado por People For the American Way, (www.pfaw.org) y no está autorizado por ningún candidato o comité de candidato. People For the American Way es responsable por el contenido de este anuncio.

In English:

ROSA: As a mom, a woman, a Hispanic, I do not support Republican Thom Tillis.
And I never will.
Because I will never support a person that cuts public education funds and reduces social spending on health.
Who does this gentleman think he is?
It's obvious that he does not understand nor value the importance of education and doesn't support our kids future.
But what does he do? He supports tax breaks for the rich with yachts and airplanes.
Thom Tillis, please!
Set your priorities straight!
Plus, he wants to take away health insurance from those who have it.
The health insurance that I, and seven million Americans, finally have, and that protects us and our families.
Look, North Carolina is our home.
And Republican Thom Tillis is against everything that's important for Hispanic families. Starting with a better future for our kids.
And if he's against that, I'm against him.
As easy as that!
VO DISCLAIMER:
Paid for by People For the American Way (www.pfaw.org) and not authorized by any candidate or candidate’s committee. People For the American Way is responsible for the content of this advertising.

PFAW, a national group protecting civil rights and civil liberties, has worked in multiple local, state, and federal campaigns to engage Latino voters.

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All GOP Senate Candidates in North Carolina Deny Existence of Climate Change

Many Americans celebrate Earth Day by planting trees, organizing a citywide trash pickup, or talking about the consequences of climate change and the ongoing threat it creates for our planet. But on Earth Day yesterday, all four Republican candidates for Senate in North Carolina used the opportunity to deny that climate change is real. TPM reports:

Fittingly, all four Republican candidates in the North Carolina Senate race were asked on Earth Day if they believed climate change is a proven fact. And all four candidates said "no."

The question was asked during a GOP primary debate on Tuesday night. The candidates, House Speaker Thom Tillis, Rev. Mark Harris, Dr. Greg Brannon, and nursing practitioner Heather Grant, in response to the question, said "no."

This is not the first time Republicans have denied the existence of climate change and it will likely not be the last. But the fact that all four candidates agreed underscores the GOP extremism in the North Carolina Senate race and serves as yet another example of a political party increasingly divorced from reality.

PFAW
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