Supreme Court

Ordinary Americans Not Getting a Fair Shake from Justice Samuel Alito -- And They Know It

Samuel Alito being on the Supreme Court is proving to be a bonanza for various far-right interests on a growing list of issues.
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Samuel Alito: A Movement Man Makes Good on Right-Wing Investments

This post originally appeared on Huffington Post Politics.

Supreme Court Justice Samuel Alito ended this Supreme Court session with a bang, writing the majority  opinion in two cases that gave for-profit corporations the right to make religious liberty claims to evade government regulation and set the stage for the fulfillment of a central goal of the right-wing political movement: the destruction of public employee unions.

Neither of the decisions were particularly surprising. Samuel Alito is the single most pro-corporate Justice on the most pro-business Court since the New Deal. Still, Alito’s one-two punch was another extraordinary milestone for the strategists who have been working for the past 40 years to put business firmly in the driver’s seat of American politics.

Many would suggest that the modern right-wing movement began with the failed presidential bid of Barry Goldwater. But there’s a strong case to be made that it begins in earnest with a 1971 memo by Lewis Powell, who argued that American businesses were losing public support and called for a massive, continuing campaign to wage war on leftist academics, progressive nonprofit groups, and politicians. The memo by Powell, who was later appointed to the Supreme Court via a nomination by Richard Nixon, inspired a few very wealth men like Adolph Coors, John M. Olin, and Richard Mellon Scaife, who set about creating and funding a massive infrastructure of think tanks, endowed academic chairs, law schools and right-wing legal groups, including the Federalist Society, which has nurtured Alito’s career.

Chief among the right-wing movement’s tactics has been building sufficient political power to achieve ideological dominance over the federal judiciary. As activists like Richard Viguerie recruited foot soldiers to help win elections for the GOP, the Federalist Society built the intellectual foundations for an extreme conservative legal movement that would gain traction when its members won confirmation to the federal bench. That process began in earnest during the Reagan administration and reached new heights during the George W. Bush administration with the ascendance to the Supreme Court of John Roberts and Samuel Alito.

Samuel Alito was, is, and always has been a man of the movement, an ideological warrior with a clear set of goals. His commitment to achieving those goals by any means available to him is reflected in his record in the Reagan Justice Department, the White House Office of Legal Counsel, as an appeals court judge, and now as a Supreme Court justice, where he is helping to wage a legal counterrevolution aimed at reversing hard-won advances protecting workers, the environment, and the rights of women, racial and ethnic minorities, and LGBT people.

He remains an active part of the political and legal movement that shepherded his rise to power. The Federalist Society’s Leonard Leo steered Alito’s Supreme Court nomination through the White House and Senate. Alito has returned the favor, participating in numerous events for the Federalist Society even after he became a member of the Supreme Court. He has shown no concern about positioning himself as part of the movement, telling listeners at a Federalist Society dinner in 2012 that the Obama administration is promoting a vision of society “in which the federal government towers over people.” He has also helped raise funds at events for the right-wing American Spectator Magazine (where he mocked VP-elect Joe Biden), the Intercollegiate Studies Institute, and the Manhattan Institute.

Alito’s class at Princeton was the last all-male class at the university, and when Alito was angling for a promotion within the Reagan-Meese Justice Department in 1985, he bragged that he was a “proud member” of Conservative Alumni of Princeton, a group that aggressively fought the university’s efforts to diversify its student body by accepting more women and people of color. (He developed a surprisingly thorough amnesia on the topic between his Justice Department days and his Supreme Court confirmation hearings.)

At the Justice Department, Alito was part of a team that pushed to limit civil rights protections and advance a right-wing legal ideology. Even in that hothouse of right-wing activism, he was an outlier, unsuccessfully trying to push Ronald Reagan to veto an uncontroversial bill against odometer fraud on the grounds of federalism. Alito argued that it is not the job of the federal government to protect the “health, safety, and welfare” of Americans. He continued to push that kind of federalism argument as a judge, dissenting from a ruling that upheld a federal law restricting the sale of machine guns. On the Third Circuit Court of Appeals he was often the lone dissenter staking out far-right interpretations of the law that consistently sacrificed the rights and interests of individuals to powerful corporate or other institutions.

Among the right-wing movement’s key long-term goals — from the Nixon era up until today — has been to rig the system to prevent progressives from being able to win elections and exercise political influence. They have sought to “defund the left” by starving government agencies and progressive nonprofits of funds and by weakening or destroying organized labor, which is a crucial source of funding and organizing efforts for progressive causes and candidates. For example, the DeVos family pushed anti-union “right to work” legislation in their home state of Michigan, and  the Koch brothers and their political networks have poured massive resources into the political arm of the movement, exemplified by politicians who, like Wisconsin Gov. Scott Walker, are hell-bent on the destruction of public employee unions.  

Alito’s recent decision in the Harris v. Quinn case was just the latest step towards that goal. In that case, Alito and his conservative colleagues invented a new employee classification in order to declare that one class of workers paid by the state are not subject to the same labor laws as other public employees. The decision was prefigured in a 2012 case,  Knox v. SEIU,  in which Alito led an attack on unions by deciding to answer a question that had not even come before them in the case. In essence, he and the other conservative justices argued that a system that allows workers to opt out of assessments for unions’ political work was suddenly unconstitutional, and required an opt-in. Justice Sotomayor slammed the Alito decision for ruling on an issue which the SEIU had not even been given an opportunity to address. That kind of right-wing activism moved People For the American Way Foundation’s Paul Gordon to write that the Court’s conservative judges “might as well have taken off their judicial robes and donned Scott Walker T-shirts in their zeal to make it harder for unions to protect workers.”

In his Harris decision, Alito went out of his way to invite right-wing legal groups to bring a more far-reaching case, one that would finally give him and his pro-business colleagues an opportunity to take a sledgehammer to public employee unions by eliminating, in the name of the First Amendment, the requirement (specifically upheld by the Supreme Court over 30 years ago) that workers benefitting from a collective bargaining agreement help pay for the costs of negotiating that kind of agreement. That would devastate union financing, sharply limiting their ability to protect their members and potentially setting up a death spiral as fewer employees would see the benefits of joining (and paying dues to) the unions.  Not coincidentally, this would also severely weaken the progressive political organizations and parties that unions have long supported. Movement conservatives have long looked forward to checking that off their “to do” list.

Alito’s determination to re-write federal law in ways that strengthen corporate power and undermine workers’ rights was also on display a few years earlier, when he wrote an indefensible opinion — joined by his conservative colleagues — in Ledbetter v. Goodyear Tire & Rubber Company. Alito ignored judicial precedent, common sense, and the clear purpose of the law in order to create an unreasonable deadline for making a pay discrimination claim, one that would be insurmountable for someone who was not immediately aware that they were being discriminated against. Lilly Ledbetter, a loyal Goodyear employee who learned she had been paid less than male colleagues for years, was, in the words of law professor and PFAW Foundation Senior Fellow Jamie Raskin, “judicial roadkill along the highway in the majority’s campaign to restrict, rewrite, and squash anti-discrimination law.” Alito also wrote the 5-4 majority opinion in last year’s Vance v. Ball State decision, which made it easier for companies to avoid liability in discrimination cases by declaring that someone who directs an employee’s day-to-day activities doesn’t count as a “supervisor” unless they have power to take “tangible employment actions” against them like firing them. As in the Ledbetter case, Alito ignored how workplaces really work in order to reach his result.

In Hobby Lobby, the other blockbuster case this week, Alito wrote a decision declaring, for the first time ever, that for-profit corporations have “religious exercise” rights under the Religious Freedom Restoration Act. In order to do so, Alito had to ignore common sense (for-profit corporations don’t have religion), to say nothing of the clear historical record and explicit statutory language that RFRA was intended to return the state of the law to the era before the Supreme Court’s 1990 decision in Employment Division v. Smith (which many believed undermined protection for religious minorities). In the face of all evidence, Alito argued, in Ginsburg’s words, that RFRA was “a bold initiative departing from, rather than restoring, pre-Smith jurisprudence.”

In an effort reminiscent of the Supreme Court’s “applies only in this case” approach to Bush v. Gore, Alito argued that his ruling was “concerned solely with the contraceptive mandate” and applied solely to closely held corporations.

Justice Ruth Bader Ginsburg didn’t let him get away with it, calling Alito’s ruling “a decision of startling breadth.” Having created an entirely new legal avenue by which closely held for-profit companies (which includes about 90 percent of American businesses, hiring more than half of the nation’s workforce) can try to evade regulation, Alito has undoubtedly generated excited activity in right-wing legal organizations who are likely to use the ruling to try to claim exemption from anti-discrimination laws for business owners that oppose homosexuality or gender equality, or perhaps for evangelical business owners who believe the Bible opposes minimum wage laws and collective bargaining. And he gave no limiting principle on extending RFRA to for-profit corporations, leaving open the question as to whether an enormous publicly-traded corporation like IBM or GE would also count as a “person” with religious liberty rights under RFRA.

Alito’s insistence that the Court must accept the plaintiff’s claim of “substantial burden” on religious free exercise based on their belief that some forms of contraception cause abortion — in spite of the consensus of the medical and scientific establishment to the contrary and Justice Ginsburg’s explanation of why that belief does not translate into a “substantial burden” — was prefigured by an argument he made when working in the Office of Legal Counsel, where he helped write a memo arguing that, in spite of anti-discrimination provisions, employers in federally funded program could exclude people with AIDS regardless of whether or not their “fear of contagion” was reasonable.

Given that the Hobby Lobby case has been trumpeted by the right as a victory for “religious liberty,” it is worth noting that, in this year’s 5-4 Town of Greece decision, Alito joined his conservative colleagues in a decision that showed little regard for the religious beliefs of citizens of minority faiths whose public town board meetings were consistently begun with sectarian prayers. During consideration of his nomination to the Supreme Court, the editorial page editor of the Atlanta Journal Constitution had written that Alito would be “likely to further erode the protections that have kept the majority from imposing their religious views on the minority.”

Alito also joined the Court’s 5-4 majority in last year’s decision gutting the Voting Rights Act, another long-pursued goal of the right-wing movement.  That decision, in Shelby County v Holder, is another example of the step-by-step shift in the law being pursued by the conservative justices. Shelby was built in part on a 2009 Voting Rights Act decision in which the Court declined to vote on the constitutionality of the provisions they threw out in Shelby, but in which Chief Justice John Roberts included language about “constitutional concerns” that he would later cite in Shelby. Earlier in his career, Alito made clear that he disagreed with Court decisions that established the crucial “one man, one vote” principle that undergirds many voting rights protections.

As a Supreme Court justice, Samuel Alito has demonstrated the traits of the right-wing movement from which he emerged: he denounces judicial activism while aggressively pursuing it; he is willing to twist laws, precedents, and established processes in order to advance his political goals; and he has often demonstrated contempt for those who disagree with him, as when he rolled his eyes and shook his head while Justice Ruth Bader Ginsburg read her dissent in the Shelby County case.

Much of the initial news coverage of the Hobby Lobby and Harris cases focused on the description of them by their author as being “limited” rather than “sweeping” in scope. That ignores the clear evidence from those cases, and from the record of the Roberts court, that Roberts and Alito are playing a long game. They have decades in which to relentlessly push the agenda that has been fostered by right-wing legal and political groups for the past four decades. Their one-step-after-another dismantling of campaign finance law, from Citizens United to McCutcheon, makes it clear that Roberts and Alito see the value of patience and of presenting a public image of restraint while carrying out a revolution. But a revolution they are pursuing, one in which the First Amendment’s protections for religious freedom and free speech are manipulated in the service of undermining religious liberty, the rights of workers, and the ability of the government to regulate corporate behavior.

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Samuel Alito: A Movement Man Makes Good On Right-Wing Investments

Supreme Court Justice Samuel Alito ended this Supreme Court session with a bang, writing the majority opinion in two cases that gave for-profit corporations the right to make religious liberty claims to evade government regulation and set the stage for the fulfillment of a central goal of the right-wing political movement: the destruction of public employee unions.

Another Damaging Supreme Court Term

The Roberts Court issued a number of damaging rulings this term, favoring the powerful and shaping the law to fit a far right ideology.
PFAW Foundation

FRC Finds Majority Side With Hobby Lobby If You Lie To Them

In his email to members last night, Family Research Council President Tony Perkins continued to crow about the Supreme Court’s Hobby Lobby decision, claiming that “an FRC-commissioned poll [found] that 53% of voters (including 50% of women!) disapproved of the idea that employers' should have to pay for workers' sexual decisions.”

“So if there is a war, it’s on the facts,” he concluded.

Indeed.

As it turns out, the FRC poll that Perkins cites, which was taken in December of last year, got its results by simply lying to respondents about the content of the contraception insurance mandate.

The pollsters asked respondents whether they supported or opposed the "mandate which requires that all private healthcare plans, including both employer based health plans and individual market health plans, cover preventative care services for women, which includes all FDA approved contraceptives, including drugs that can destroy a human embryo, and sterilization services without a direct cost to the patient."

In reality, none of the contraceptives covered under the HHS mandate “destroy a human embryo” — even if Hobby Lobby’s “sincerely held religious beliefs” hold otherwise.

As the Public Religion Research Institute found, when you poll people about the contraception coverage mandate without lying to them, a comfortable majority support it.

Alito Leads Latest Attack on Unions

Alito and his conservative colleagues have already made clear their political zeal to harm public sector unions.
PFAW Foundation

The Time A Corporation Cited Religious Freedom As A Way To Avoid Desegregation

In her dissent in the Hobby Lobby case today, Justice Ginsburg mentioned a 1968 precedent in which the owner of a chain of barbecue restaurants in South Carolina “refused to serve black patrons based on his religious beliefs opposing racial integration.”

Did Hobby Lobby Majority Undercut Its Own Argument?

The majority contradicts its own rationale for why Hobby Lobby won't open the floodgates to RFRA claims by large, publicly-traded corporations.
PFAW Foundation

Anti-Gay Activists Hopeful Hobby Lobby Will Lead To License To Discriminate

Anti-gay activists are rejoicing at the Supreme Court's decision in Hobby Lobby today, in part because they are hopeful that the decision will pave the way for one of their own policy goals: to use the religious liberty argument to push for broad exemptions for corporations from nondiscrimination laws.

Liberty Counsel's Matt Barber is hopeful that the decision bodes well for those trying to use religious freedom as a cloak to justify discrimination against LGBT people:

Peter LaBarbera of Americans for Truth About Homosexuality has a similar take:

There may be reason for them to be optimistic. As SCOTUSblog pointed out, the majority's opinion pointedly leaves open "the question of whether the Government has a similarly compelling interest in preventing discrimination on the basis of sex or sexual orientation." 

With respect to implications for other kinds of religious-based discrimination, the Court writes that racial discrimination in hiring will not be permitted under RFRA because "The Government has a compelling interest in providing equal opportunity to participate in the workforce without regard to race, and prohibitions on racial discrimination are precisely tailored to acheive [sic] that critical goal." Note that this leave open the question of whether the Government has a similarly compelling interest in preventing discrimination on the basis of sex or sexual orientation.

UPDATE: TPM has more on this.

UPDATE II: Bryan Fischer of the American Family Association has joined the chorus:

Religious Right Reacts To Hobby Lobby Decision: A Victory Over King George III And 'Subsidized Consequence Free Sex'

The Religious Right’s reaction to the Supreme Court’s decision in the Hobby Lobby case — in which the Court’s conservative majority ruled that some for-profit businesses must be exempt from the Affordable Care Act’s contraception coverage mandate — has started rolling in.

Erick Erickson sees the decision as a victory over the promiscuous:

Eric Metaxas thinks King George III would have been on the side of contraceptive insurance:

The Franciscan University of Steubenville compared businesses that don’t want to provide their employees with contraception coverage to religious martyrs in ancient Rome:

Steve Deace called the Green family, which owns the Hobby Lobby chain, "the Rosa Parks of the religious liberty fight" and urged the movement not to "settle" with just the Hobby Lobby victory:

If we play our cards right, and God grants us a favor, we can use this as a momentum changer. That’s mainly thanks to the Green family, who just became the Rosa Parks of the religious liberty fight. Just as her refusal to comply with an unjust edict on a bus one day blew the lid off the civil rights movement, perhaps the Greens’ refusal to comply with Obamacare’s unjust edict can accomplish the same for a similarly worthy cause.

But that won’t happen if we “settle” for this win like we have all too many others.

AFA’s Bryan Fischer thinks he knows Chief Justice John Roberts’ motivation to vote with the Court's majority:

And finally, the American Family Association is taking a poll:

Hobby Lobby Opens Up A Minefield

With a far-right Supreme Court majority ruling in Hobby Lobby 5-4 that for-profit closely-held corporations have religious rights under the Religious Freedom Restoration Act (RFRA), Justice Ginsburg is rightly warning that the Court has "ventured into a minefield."

Hobby Lobby: Religious Rights For Secular For-Profit Corporations … Just This One Time

Writing for the majority in the Hobby Lobby case, Justice Alito emphasized [PDF] that the ruling, which partly overturned the Obama administration’s rules on birth control coverage, does not apply to other cases involving religious objections to government regulations:

This decision concerns only the contraceptive mandate and should not be understood to hold that all insurance-coverage man-dates, e.g., for vaccinations or blood transfusions, must necessarily fall if they conflict with an employer’s religious beliefs. Nor does it provide a shield for employers who might cloak illegal discrimination as a religious practice.



In any event, our decision in these cases is concerned solely with the contraceptive mandate. Our decision should not be understood to hold that an insurance-coverage mandate must necessarily fall if it conflicts with an employer’s religious beliefs. Other coverage requirements, such as immunizations, may be supported by different interests (for example, the need to combat the spread of infectious disease) and may involve different arguments about the least restrictive means of providing them.

Apparently, the Supreme Court has determined that contraception, unlike immunizations, just doesn’t cut it in terms of public health.

In a footnote, Alito cites findings of the Centers for Disease Control and Prevention to back up claims that the government should be allowed to require immunizations over the religious objections of people who oppose vaccinations.

Of course, the contraception rule, the New York Times points out, “relied on the recommendations of the Institute of Medicine, an independent group of doctors and researchers that concluded that birth control is not just a convenience but is medically necessary ‘to ensure women’s health and well-being.’”

It is undeniable that the advent of contraception, used by around 99 percent of sexually active women, and family planning has had an extraordinary impact on public health on a level similar to the creation of new vaccines. Unless, of course, your worldview leads you to believe that such pills are simply used by women as tools to have an abortion.

Justice Ginsburg points out in her dissent that the Supreme Court has rejected past religious objections to generally applicable rules from non-persons, including church-operated schools:

And where is the stopping point to the “let the government pay” alternative? Suppose an employer’s sincerely held religious belief is offended by health coverage of vaccines, or paying the minimum wage, see Tony and Susan Alamo Foundation v. Secretary of Labor, or according women equal pay for substantially similar work, see Dole v. Shenandoah Baptist Church? Does it rank as a less restrictive alternative to require the government to provide the money or benefit to which the employer has a religion-based objection?

Indeed, the high court previously rebuffed religious-based challenges to laws regarding the minimum wage, equal pay and regulation of illicit drugs.

Religious groups that believe in the subservience of women, reject vaccines and blood transfusions or seek to use controlled substances as part of religious rituals, according to the majority opinion, don’t have as much “religious liberty” than a secular for-profit corporation such as Hobby Lobby.

Ginsburg adds:

Hobby Lobby and Conestoga surely do not stand alone as commercial enterprises seeking exemptions from generally applicable laws on the basis of their religious beliefs. See, e.g. Newman v. Piggie Park Enterprises, Inc (owner of restaurant chain refused to serve black patrons based on his religious beliefs opposing racial integration)…

[H]ow does the Court divine which religious beliefs are worthy of accommodation, and which are not? Isn’t the Court disarmed from making such a judgment given its recognition that “courts must not presume to determine…the plausibility of a religious claim?”

Would the exemption the Court holds RFRA demands for employers with religiously grounded objections to the use of certain contraceptives extend to employers with religiously grounded objections to blood transfusions (Jehovah’s Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations (Christian Scientists, among others)?

[A]pproving some religious claims while deeming others unworthy of accommodation could be “perceived as favoring one religion over another,” the very “risk the Establishment Claus was designed to preclude.”

While Alito stresses that only closely-held corporations are involved in this case, what about a company board dominated by Jehovah’s Witnesses, Christian Scientists, or evangelicals like David Barton who believe “that the Bible opposes the minimum wage, unions and collective bargaining, estate taxes, capital gains taxes, and progressive taxation in general”?

With Congress currently debating the Employment Non-Discrimination Act, what if Hobby Lobby’s owners cited their religion as a reason to discriminate against LGBT employees? Or refuse to cover HIV/AIDS treatments?

With this ruling, it seems that the court wants to decide for itself what counts as a necessary government strategy to protect public health, and what doesn’t.

Hobby Lobby Opens Up a Minefield

The Hobby Lobby ruling opens the door to handing even more power to large corporations, including the power to ignore anti-discrimination laws.
PFAW Foundation

Roberts Court Strikes Down Clinic Buffer Zone Law

With the Chief Justice writing the majority opinion, the Roberts Court votes to strike down a Massachusetts clinic buffer law.
PFAW Foundation

GOP Obstruction Leads to Supreme Court Ruling on Recess Appointments

Today's Supreme Court ruling on recess appointments case came about only as a result of the GOP's campaign of obstruction and nullification.
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NC Lt. Gov. Dan Forest: America 'Must Decide For Or Against God'

North Carolina Lt. Gov. Dan Forest followed Texas Lt. Gov. candidate Dan Patrick to the microphone at the Faith and Freedom Coalition’s 2014 Road to Majority conference. Forest joked about following another “Lieutenant Dan” and said he’d been backstage crossing things out because Patrick was already saying them. Indeed, Forest’s comments about the Constitution being grounded in “biblical truth” echoed Patrick’s Christian-nation address. “My friends,” Forest said, “America is at a great crossroads where it must decide for or against God.”

Excerpts from Dan Forest's remarks:

Forest quoted George Washington and Abraham Lincoln writing about the nation relying on God’s aid, and he said that the Declaration of Independence’s assertion that all men are created equal and endowed by their creator with the unalienable rights of life, liberty, and the pursuit of happiness was “one small declaration from tyranny, one giant declaration of dependence upon Almighty God.”

American leaders, he said, continued to rely on God until Supreme Court rulings on church-state separation:

In America, as time moved on, our leaders sought the help of the Lord through the great and terrible Civil War, through a Great Depression, through two great world wars and numerous other conflicts. Then, in 1947 our Supreme Court separated church and state and placed a high wall between the two. In 1962 our Supreme Court removed prayer from our public schools. In 1973, our Supreme Court ruled that it was OK to kill children still in the womb. In the span of a mere 25 years, we, the people allowed our nation to turn its back on God in the name of independence and freedom.

And he began a litany of ways he said America had turned its back on God:

We have forgotten God and we call it freedom.

We kill our children for convenience, and we call it freedom.

We enslave our poor in welfare and call it freedom.

We take from the hard working and give to the sluggard in the name of income equality and call it freedom.

We allow our children to become addicted to pornography in the name of free speech and we call it freedom.

We rack up mountains of debt on the backs of our grandchildren and we call it freedom.

We reward the criminal at the expense of the victim and we call it freedom.

We take God out of our schoolhouse, out of our statehouse, out of our courthouse and we call it freedom.

We allow a few individuals in the courts to determine the moral standard for all and we call it freedom.

Forest said the country must choose between “policy band-aids” and getting at the root of problems, which is that we as a nation have taken our eyes of God, “who is the giver of truth, virtue, and a moral compass.”

The heart of the matter is we have forgotten God. We have kicked him out of our house, out of our schoolhouse, out of our courthouse, and out of our statehouse, and now, out of our nation. We call it everything but what it is, we call it everything but sin, the turning away from God.

He said that the national focus on rebuilding after the 9/11 attacks was done in the name of freedom and security, but that we did it by our own strength rather than relying on God.

We don’t just need, my friends, to rebuild the walls of America. We need to rebuild the biblical foundation upon which the walls sit. We need to trust God. Fear only comes when we don’t believe that God is who he says he is. If God is the creator of the universe, if he allows our hearts to beat and our lungs to breathe, why do we not trust him? If we trust God, my friends, there is nothing we can’t accomplish. With him we can do anything. Apart from him we can do nothing. Seek first his kingdom and all these things will be given.

We continue to declare ‘God Bless America’ without doing our part, without prayer, without fasting, and repentance as a nation, without recognizing the sins we commit and humbling ourselves before the sovereign ruler of nations, and asking for forgiveness.

It is time for America to recognize that freedom does not come from being a nation of wealth, power, influence, abundance, and ease – but rather it comes from being a humble nation on its knees. It behooves us then, to humble ourselves before the offended power, to confess our national sins, and to pray for clemency and forgiveness.

 

Roberts Court Upholds but Limits EPA's Authority to Regulate Greenhouse Gases

In a mixed ruling, the Roberts Court shuts down some avenues of greenhouse gas regulation, while upholding others.
PFAW Foundation

Mike Huckabee's 2016 Themes? God In Textbooks And Attacks On Judges

Part of the Christian-nation lineup at this weekend’s Faith and Freedom Coalition Road to Majority conference was former Arkansas Gov. Mike Huckabee, a right-wing media figure and former (and likely future) presidential candidate.

Excerpts from Huckabee's remarks:

Huckabee said that he and his wife recently went to China to celebrate their 40th anniversary. He said he hadn’t been earlier because he doesn’t like the Chinese government — citing piracy and dumping but, oddly, not China’s repression of dissent and religious freedom.

He praised the flowering of entrepreneurship in China, saying the country is becoming more like America used to be and America is becoming more like China used to be. Huckabee compared NSA spying to Chinese control over Internet access. And more absurdly, he equated the Chinese government’s erasure from history of the massacre of protesters at Tiananmen Square with what he said was our country’s treatment of the role of God in America’s founding.

“And I thought I’m so glad that I’m in a country that would never erase a significant part of our history, and then I remember that we are erasing most of the history of this country. We’re telling young people that God had nothing to do with the foundation of this country when in fact there wouldn’t be a United States of America if it were not for the men and women of faith who got on their knees to pray and then got on their feet to fight, who took muskets off their mantles and took on the toughest  army that had ever existed in the world at that time and had no chance of creating a new country, but they did -- because of the Providence of God’s hand. And you try to find that in an American textbook today in a public school, and good luck doing it.

Maybe Huckabee’s desire to have public school textbooks teaching that God was behind America’s founding reflects the fact that he’s been hanging out with Christian-nation zealot David Lane, who wants to make the Bible a primary public school textbook. CBN’s David Brody reported on Friday that Lane has organized a European trip for Huckabee and pastors from key primary states.  Huckabee says the trip, called “Reagan, Thatcher, Pope John Paul II Tour: God Raising Extraordinary Leaders for Extraordinary Times,” is an opportunity to show “the human instruments used by God to change the world’s history.”

Huckabee clearly has a hankering to put himself in that category. At the Faith and Freedom conference, he railed against government regulation and “irrational people” running the government. He said abortion is “a curse for which we will answer.” He also signaled what may be a defining campaign issue if he decides to run: an attack on the federal courts.

And one of the things that I do not understand is why more Americans have not rallied in opposition to the notion that just because the Court says something that that is the final word. Have we not read our Constitution? Have we not reminded ourselves that we have three branches of government, not one, and all of those three branches are equal branches of government. One is them is not superior to either of the other two, and certainly not to both of the other two. This notion that when the Supreme Court says something it’s the last word is fundamentally unconstitutional and wrong. It is the Supreme Court, not the supreme branch.  And we have allowed guys and women in black robes not simply to interpret a law, but to transform a law, rewrite a law, and actually prescribe the fix and implement it, two responsibilities and functions that are left exclusively and totally to the legislative and executive branches.

It is high time that we recognize that one of the greatest threats to our liberty in this land is the notion of judicial supremacy. There is no such thing in the Constitution of judicial supremacy, and one of the ways in which we must transform America, unlike the way that our current occupant of the White House has transformed America, is to teach our children and to teach our peers that ultimately the authority in this country is not the courts, nor is it even the legislature or the executive branch, the ultimate authority in this country still remains the people of America, We the People.   And if we don’t truly believe that and exercise that, we will lose this country not because we have to, but because we have given it away.

Huckabee that he is optimistic, because there has never been a greater opportunity to show what freedom looks like – and it’s not just because there are a lot of conservative activists motivated to fight.

It’s because I believe that there is a God, and that his country would not be here without him, and that if this country will get on its knees and it will ask God’s forgiveness for how we have behaved. It’s not about the people who hate us, it’s about those of us who decide we wanna love God more than we wanna hate our enemies. And when we get on our knees in forgiveness, God will heal our land and He will restore us.

To those at the conference who seem overly pessimistic about the state of the country and the world, he said he’s “read the end of the book,” and his message is, “In the end, we win, and that’s good news.”

NOM's John Eastman Compares Supreme Court's DOMA Decision To Dred Scott

In his speech to the March for Marriage today, National Organization for Marriage chairman John Eastman compared the Supreme Court’s decision striking down a key part of the discriminatory Defense of Marriage Act to the infamous Dred Scott decision.

Eastman cited Justice Scalia’s “call to arms” in his dissent to the DOMA decision, paraphrasing it as, “the court should never take away controversial issues away from the voters in this country.”

“The last time the court tried to do that a century and a half ago on the slavery question, Abraham Lincoln refused to comply,” he said.

Tony Perkins Will Have A Lonely Revolution Against Gay Marriage

Operation American Spring. Truckers Ride for the Constitution. Reclaim America Now.

All were right-wing efforts to literally overthrow President Obama. None of them exactly worked.

In 2012, Family Research Council president Tony Perkins similarly warned of an anti-government uprising if the Supreme Court were to strike down bans on same-sex marriage. “I think that could be the straw that broke the camel’s back,” he said, warning that such a ruling would mean “you could have a revolt, a revolution, I think you can see Americans saying ‘enough of this’ and I think it could explode and just break this nation apart.”

In case you thought that was just a one-time gaffe, Perkins maintained a year later that if the government “goes too far” on marriage equality, it would “create revolution” and “literally split this nation in two and create such political and cultural turmoil that I’m not sure we could recover from it.”

That brings us to a poll released today by the Human Rights Campaign and conducted by Alex Lundry, who served as Mitt Romney’s data director in 2012. Respondents to the poll were read Perkins’ “revolution” remarks verbatim. Unsurprisingly, only a tiny handful agreed with him, and even most opponents of marriage equality didn’t buy into his idea of an anti-gay revolution.

Conducting his poll at the beginning of June, Lundry didn’t find much support for that kind of revolt when the quote was read to respondents, with 59 percent overall disagreeing with Perkins. Of people who said they were opposed to gay marriage, 58 percent said they wouldn’t do anything, despite disagreeing and being disappointed in the decision.

“Only one directly mentions the word ‘revolution,’ five voters threaten to leave the country, and a scant fifteen people (3% of opponents) mention any form of protest,” reads a prepared polling memo. “Clearly, there is no real threat of widespread calamity should we extend the freedom to marry to gays and lesbians.”

Support for gay marriage is at 56 percent, with 37 percent opposed, squaring with public polls. Asked to rate the degree of their support, 44 percent said they “strongly” support legalization, with only 28 percent opposed.



Those feelings are reflected in some of the other answers to the survey: 74 percent of people said their lives wouldn’t change with legalized gay marriage, and among those who did foresee a change, many rated it as one that would be for the better.

But we don’t expect Perkins to be deterred. The only poll on the topic that the Family Research Council president appears to believe was sponsored by his organization and only surveyed Republicans and Republican-leaning independents.

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