Iowa

When the Judicial Nominations Process Works

The filling of an 8th Circuit vacancy is proceeding apace due to commitment and cooperation among the White House and both of Iowa's senators.
PFAW

Obama Nominates Iowa’s First Ever Female Circuit Court Judge

The White House announced two new federal appeals court nominees today, Jane Kelly of Iowa to serve on the Eighth Circuit Court of Appeals and Gregory Alan Phillips of Wyoming to serve on the Tenth Circuit Court of Appeals.

Kelly’s nomination is notable for a number of reasons. If confirmed, she will become only the second woman ever to serve on the Eight Circuit Court of Appeals, which oversees seven Midwestern states, and the first from Iowa. She would also help to bring a greater diversity of professional backgrounds to the federal bench, coming to the position after a career as a highly-regarded federal public defender.

Kelly’s nomination underscores the Obama administration’s remarkable success in bringing a diversity of voices to the federal bench. A record 41 percent of President Obama’s confirmed nominees have been women and 36 percent have been people of color. In addition, Obama has nominated more openly gay federal judges than all previous presidents combined. Despite the Senate GOP’s routine stalling of the president’s nominees, he has succeeded in bringing unprecedented gender and racial diversity to the federal bench.

Both Kelly and Phillips have been nominated to vacancies that have not yet opened up (Kelly’s vacancy opens tomorrow and Phillips’ in April). If the Senate confirms them quickly it will avoid adding two more vacancies to an already over-burdened federal court system. Promptly filling the 10th Circuit vacancy  is especially critical since the 12-judge Tenth Circuit  is on track to have vacancies in one third of its seats. A nominee for one of the three current vacancies on the circuit, Robert Bacharach of Oklahoma, has been waiting over seven months for a Senate vote, despite strong support from his two home-state Republican senators.

 

PFAW

PFAWF Releases Reports on Outside Election Spending in 21 States, Organizes ‘Money Out/Voters In’ Events Across the U.S.

Out of State Money Floods Contests in 2012

Washington, DC –  Today People For the American Way Foundation unveiled new state-by-state fact sheets detailing outside spending in U.S. Senate and House races in 21 states.  Each report analyzes the outside spending totals from Super PACs, dark money groups, and out-of-state spenders in the down ballot federal races from the 2012 election cycle.  The fact sheets reveal that, on average, a majority of outside election money in these states came from Super PACs.  And in every case, a vast majority came from organizations registered outside of the state.

The release of the “Outside Spending, Outsized Influence” reports coincide with the weekend marking Martin Luther King, Jr. Day and the third anniversary of Citizens United v. FEC  to draw attention to the dual threats of voter suppression and unlimited corporate and special interest money in politics. The reports – a partnership between PFAWF and U.S. PIRG – are part of the Money Out/Voters In campaign.  As part of that campaign, People For the American Way Foundation, its affiliate People For the American Way, and other organizers across the country are hosting “Day of Action” events in more than 76 cities in 33 states this weekend. Members of People For the American Way Foundation’s African American Ministers Leadership Council will be leading Money Out/Voters In events in Georgia, Louisiana, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, South Carolina, and Virginia.

“Last year’s elections were far and away the most expensive in history,” said People For the American Way Foundation Executive Vice President Marge Baker.  “A major reason was the influx of outside, special interest spending in the wake of the Supreme Court’s Citizens United v. FEC decision. When big money floods our elections, it dwarfs the ability of individual Americans to have their voices heard. Just as important, when politicians push laws to suppress the vote, we turn back the clock on decades on progress to expand and improve our democracy. We need to pursue the full range of remedies to address the problem of too much money in politics, including amending the Constitution to overturn Citizens United, and we need to stand up against the growing threat of voter suppression.  This weekend we are joining with allies across the country to call for a democracy that gets Money Out and Voters In.”

The states featured in the reports are California, Colorado, Connecticut, Georgia, Iowa, Illinois, Indiana, Massachusetts, Maine, Maryland, Michigan, North Carolina, New Jersey, Nevada, New York, Ohio, Oregon, Pennsylvania, Texas, Utah, and Wisconsin.

For links to each report, please visit: http://www.pfaw.org/issues/outside-spending-outsized-influence-big-and-s...

For more information about the Money Out/Voters In campaign or the Days of Action, please visit: http://www.moneyout-votersin.org

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Still No Explanation From Grassley on Judiciary Committee Delays

This morning, the Senate Judiciary Committee approved five nominees to serve on federal district courts in New York, California and Florida and on the US Court of International Trade. A week ago, Iowa Republican Sen. Chuck Grassley postponed votes on all five nominations without giving a reason, a delaying tactic that he has used on 97 percent of President Obama’s judicial nominees who the committee has voted on.

Sen. Grassley did not explain the reason for the delay last week, when a coalition of Iowa and national groups urged him to stop such routine delays. And the reason remained unclear today, as all five nominees were approved without opposition.

These five nominees now join fifteen other federal judicial nominees awaiting confirmation votes from the full Senate. The Senate has made progress by scheduling confirmation votes on four unopposed district court nominees in the past week, but that small amount of progress isn’t nearly enough to fill the gaps in overworked federal courts. Seven of the nominees still waiting for votes would fill officially-designated “judicial emergencies.”

It would be easy, of course, for the Senate to hold votes on all of the remaining nominees before the end of the year. After all, most were approved by the Judiciary Committee many months ago. But Senate Republicans have continued to stall even nominees with strong bipartisan support. All the circuit court nominees waiting for votes have the support of their home-state senators, Republican and Democratic, and nearly all of the pending district court nominees were approved by the Judiciary Committee with unanimous or nearly unanimous bipartisan support. One circuit court nominee, New Jersey’s Patty Shwartz, has been waiting nine months just for an up-or-down vote from the Senate; Federal Circuit nominee Richard Taranto has also been waiting since March.

If the Senate fails to vote on these nominees during the lame duck, the confirmation process – from presidential nomination through floor vote – will have to start all over again next year.

Notable about the district court nominees approved by the Judiciary Committee today is that all are women or people of color, representative of President Obama’s efforts to bring diversity to the federal courts. The nominees also include New York’s Pamela Chen, who would become just the fifth openly gay person to be confirmed to a lifetime federal judgeship.

PFAW

Grassley's Non-Response on Judicial Nominations

Chuck Grassley issues a misleading response to complaints about his obstruction of resident Obama's judicial nominees.
PFAW

Grassley, Ignoring Iowa Groups, Delays Five Judicial Nominations Without Explanation

Washington, DC – Sen. Chuck Grassley of Iowa today ignored the calls of national and home-state groups and delayed Judiciary Committee votes on five federal judicial nominees. Sen. Grassley, the committee’s ranking member, has routinely held back committee votes on judicial nominations for one, two, three, or even six weeks, usually without providing a reason. Ninety-seven percent of President Obama’s judicial nominees who have had committee votes scheduled have met with these delays, before confronting even greater obstruction on the Senate floor.

Yesterday, 16 Iowa and national groups sent Sen. Grassley a letter urging him to end these routine delays of judicial nominees, which have helped create a record vacancy crisis in the federal courts. In response, Grassley flaunted misleading statistics and failed to produce a reason why he has delayed nominees far more frequently than his predecessors.

Ignoring the groups' call, at a hearing today, Grassley postponed committee votes on four federal district court nominees and one nominee for the Court of International Trade. Three of the nominees would fill emergency vacancies. It has been more than two months since the committee heard testimony from the nominees and had the chance to ask follow-up questions.  

“Sen. Grassley has chosen to put petty partisan politics over the wellbeing of our federal courts and the wishes of his constituents,” said Marge Baker, Executive Vice President of People For the American Way. “Because they take place in committee, Grassley’s delaying tactics usually go under the radar, but that does not make them any less harmful. Grassley and his party are delaying these nominees just for the sake of delay. At a time when federal courts are struggling to meet the needs of Americans, that is simply irresponsible.”

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16 Iowa and National Groups Call on Grassley to End Routine Delay of Judicial Nominations

Washington, DC – A coalition of 16 national and Iowa organizations today called on Senate Judiciary Committee Ranking Member Charles Grassley to end a practice that has needlessly slowed down the confirmation of almost every single one of President Obama’s judicial nominees, helping to create a record vacancy crisis in the federal courts.

Grassley has used his power as ranking member of the Judiciary Committee to routinely delay committee votes on circuit and district court nominees without even providing a reason. These delays at times stretched into two, three, even six weeks. Ninety-seven percent of President Obama’s judicial nominees have seen their nominations delayed in this way, before experiencing long months of further obstruction on the Senate floor.

In a letter to Grassley, the groups said:

No matter the nominee, no matter their qualifications, no matter their bipartisan support … it has been your practice to delay the vote – generally without explanation. This occurs despite an unprecedented vacancy crisis on the federal bench. This isn’t about learning more about a nominee, and it isn’t about delaying someone you think might not be qualified to sit on our federal courts. This is about obstruction, pure and simple. And it is precisely the kind of senseless gridlock that the American people have made clear they reject.

The letter continues:

The committee obstruction is part of a larger picture, one involving deliberate delay and obstruction at all stages of the nomination and confirmation process. But the routine and needless delaying of Committee votes is the form of obstruction for which you bear direct responsibility. And that gives you the power to change the tone by foregoing the practice.

The full text of the letter is below.

November 28, 2012

The Honorable Chuck Grassley, Ranking Member
Committee on the Judiciary
152 Dirksen Senate Office Building
Washington, DC 20510

Dear Senator Grassley:

We are writing to you in your role as ranking member of the Judiciary Committee to request that you abandon the practice of routinely delaying votes on judicial nominees in Committee and permit the judicial nominees currently scheduled to be considered at the Judiciary Committee Executive Business Committee meeting on November 29, 2012 to go forward.

Although permitted under Committee rules, the practice of “holding over” nominees in the past was invoked only when there has been a significant question about a particular nominee that warranted additional attention. Under your tenure and that of your predecessor as Ranking Member of the Committee, President Obama’s judicial nominees have virtually all been routinely delayed, despite the absence of any questions, indeed of any debate, on most of the ones held over.

In fact, of the more than 180 men and women who have been scheduled for a Committee vote, all but five – 97 percent – have seen their votes delayed. Indeed, during your tenure as ranking member, all but one nominee’s initially scheduled vote has been blocked.

No matter the nominee, no matter their qualifications, no matter their bipartisan support … it has been your practice to delay the vote – generally without explanation. This occurs despite an unprecedented vacancy crisis on the federal bench. This isn’t about learning more about a nominee, and it isn’t about delaying someone you think might not be qualified to sit on our federal courts. This is about obstruction, pure and simple. And it is precisely the kind of senseless gridlock that the American people have made clear they reject.

Americans want and need Congress to be able to debate the serious issues before us and work together on crafting solutions. But cooperation on areas of contention seems all but impossible if you cannot even work with the president on areas where you agree, such as the vast majority of judicial nominees.

The committee obstruction is part of a larger picture, one involving deliberate delay and obstruction at all stages of the nomination and confirmation process. But the routine and needless delaying of Committee votes is the form of obstruction for which you bear direct responsibility. And that gives you the power to change the tone by foregoing the practice.

Fortunately, you do not have to wait until the 113th Congress to show the American people your ability and willingness to work cooperatively with the president and your Democratic colleagues. The Senate Judiciary Committee has scheduled votes on five judicial nominations for November 29. That is good news for the people of New York, California, and Florida, the states where judicial vacancies would be filled. Three of those courts are in such dire straits that the Administrative Office of the U.S. Courts has formally designated the vacancies as emergencies. All five nominees – three women and two men – testified to the Judiciary Committee back in September, more than two months ago.

You can set the cooperative tone that the American people expect by allowing the Committee to vote on the five nominations as scheduled. Especially with time running out before the end of this Congress, an unwarranted demand to delay the committee votes for these five nominees would be particularly damaging and – should the Committee approve them – would seriously diminish the chances of their confirmation this year. It would also send a terrible signal to the American people of your intentions.

Sincerely,

Alliance for Justice
American Association for Justice (formerly the Association of Trial Lawyers of America)
American Association of University Women (AAUW)
Communications Workers of America (CWA)
Compassion & Choices
Constitutional Accountability Center
Defenders of Wildlife
Iowa Citizen Action Network
Lambda Legal
The Leadership Conference on Civil and Human Rights
National Council of Jewish Women
National Fair Housing Alliance
One Iowa
People For the American Way
Progress Iowa
Working Families Win

 

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The Right to Vote Under Attack, 2012 Update

Here we detail, as of October 6, 2012, except where otherwise noted, the latest efforts across the country to suppress the vote, as well as some encouraging successes in expanding the franchise.

NOM’s Brown Claims Gay Rights Advocates Want to Take Away Opponents’ Right to Vote

National Organization for Marriage president Brian Brown joined Iowa anti-gay luminary Bob Vander Plaats at a Des Moines rally today to call for a ballot referendum to overturn the state’s marriage equality law. Following Vander Plaats, who compared same-sex marriage to polygamy and incest, Brown argued that making the civil rights of a minority subject to a popular vote is in fact right in line with the legacy of Martin Luther King, Jr.

It’s marriage equality proponents, Brown argued, who are trying to “deprive” their opponents of civil rights– specifically “the right to vote":

Opposition to gay marriage is not rooted in fear and hate as supporters suggest, Vander Plaats said, but rather love and religious truth. He also lashed out at the notion of “marriage equality” as a slippery slope toward no restrictions on relationships whatsoever.

“If we want marriage equality, let’s just stop for a second. Why stop at same-sex marriage? Why not have polygamy? Why not have a dad marry his son or marry his daughter? If we’re going to have marriage equality, let’s open this puppy up and let’s have marriage equality,” he said. “Otherwise, let’s stick to the way God designed it – one man and one woman, period.”

Referring to Senate Democrats’ refusal to advance the amendment and clear the way for a statewide vote, National Organization for Marriage President Brian Brown invoked Martin Luther King, Jr., to suggest that it was the opponents of same-sex marriage whose civil rights were threatened.

“We hear that this is about civil rights, and that those of us who oppose the redefinition of marriage are somehow bigots,” Brown said. “And yet, what Dr. Martin Luther King called the most important civil right – the right to vote – these very same folks are trying to deprive us of this right.”
 

Mitt Romney: Man of the Corporations

PFAW's TV ad airing in New Hampshire challenges presidential candidate Mitt Romney’s recent assertion that “corporations are people.”

New PFAW Ad in New Hampshire Asks, 'Mitt Romney: Man of the People?'

People For the American Way today released a new TV ad in New Hampshire, challenging presidential candidate Mitt Romney’s recent assertion that “corporations are people.

Attend a Rally to Save the American Dream this Saturday!

Events have been organized in cities and state capitols across the nation to show solidarity with workers in Wisconsin. Find the event or events nearest you.

“Rogues’ Gallery” Report Profiles Far-Right Senate Candidates

People For the American Way today released “The Rogues’ Gallery,” profiling 15 far-right Republican nominees for Congress. The report makes clear that the Republican slate of nominees is everything the Tea Party or the Religious Right could want.

Unanimous Iowa Supreme Court Upholds Marriage Equality Ruling

A unanimous Iowa Supreme Court today upheld a lower court ruling that denying marriage to same-sex couples violates the equal protection clause of the state's constitution. People For the American Way Foundation, which was amicus in the case, welcomed the decision as a victory for core constitutional and American values. "The Iowa Supreme Court's decision is a historic affirmation of equality," said People For the American Way Foundation Interim President Michael B. Keegan. "It's a joyous day for the Iowa families involved in the case, and for equality advocates in Iowa and across the nation. Congratulations to the courageous couples who challenged unfair and unconstitutional discrimination, and to One Iowa, Lambda Legal, and all their allies. We were glad to support their work in this case."

Myths and Facts about Marriage Equality

As the fight for same-sex couples' right to marry continues, here's a debunking of some commonly held myths about marriage equality.
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