Concerned Women for America is trying out a novel strategy in its fight to draw women to support Mitt Romney this November: denying that the next president can do anything to eliminate abortion rights. In a new TV ad, CWA counters a MoveOn.org ad featuring female celebrities talking about the issue of reproductive rights in the presidential election. In the CWA ad, women derisively call the MoveOn.org supporters “Hollywood women” and mock the contention that a President Mitt Romney would “overturn Roe v. Wade.”
“Have they ever heard of the separation of powers?” asks one Concerned Woman.
Maybe it’s CWA that needs the civics lesson. Mitt Romney has repeatedly stated that he would choose Supreme Court justices who would overturn Roe v. Wade. It even says so on his website. With as many as three Justices possibly retiring in the next four years, Romney might very well have the opportunity to shape a court that would take away the right to choose.
Which, of course, is what CWA has been working toward since its founding. A petition on CWA’s website calls for signers to support “any and all legislative efforts to overturn Roe v. Wade” and “support pro-life nominees to the courts.” A pamphlet the group distributed shortly before President Obama's inauguration said anti-choice advocates should work to "pass limits on abortion and appoint judges who will overturn Roe." And here’s the CWA’s blog discussing an Alabama Supreme Court ruling in February that challenged Roe.
This ruling has major implications for the pro-life movement. First, it clearly mirrors the growing sentiments of a majority of Americans who are pro-life, especially our younger generation. Second, Alabama has set a clear precedent that more states are expected to emulate. Finally, as state laws continue to represent Americans’ growing pro-life attitude, the U.S. Supreme Court will be called upon to reconsider and, ultimately, repeal Roe.
Unveiling the deception of Roe shouldn’t be a difficult task. Mario Diaz, Esq., Legal Counsel for Concerned Women for America, explains, “Legally speaking, Roe v. Wade is simply indefensible. It rests on the false premise that the ‘fetus’ is not a ‘person’ because the Justices say so. The scientific bases for that claim simply were not there in 1973, and they are not there now. In fact, JusticeBlackmun acknowledged that ‘[i]f this suggestion of personhood is established, [Roe's] case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the [Fourteenth] Amendment.’ Advances in science have been proving just that: we are dealing with a baby, not a blob of tissue as some conveniently tried to tell us. This decision by the Alabama Supreme Court is another indication that Roe‘s house of cards is slowly tumbling down.”
Pro-life conservatives can only hope that the Supreme Court revisits the abortion question sooner rather than later. With a few more decisions like the one in Alabama, we may just hold the legal trump card when that time comes.
The Supreme Court announced today that it will hear a critical voting rights case next year. Arizona has appealed a 9th Circuit decision that barred the state from requiring proof of citizenship from those registering to vote via a federally-approved registration form. Current federal law allows voters to register via federal form instead of a state-specific form. Those opting to do so must swear under penalty of perjury that they are citizens. Arizona’s law, which is currently stayed, would require voters using that form to jump over an extra hurdle to register, requiring them to show proof of their citizenship, a provision disproportionately affecting low-income and minority voters.
The AP explains:
The ruling applies only to people who seek to register using the federal mail-in form. Arizona has its own form and an online system to register when renewing a driver's license. The court ruling did not affect proof of citizenship requirements using the state forms.
Arizona officials have said most people use those methods and the state form is what county officials give people to use to register. But voting rights advocates had hoped the 9th Circuit decision would make the federal mail-in card more popular because it's more convenient than mailing in a state form with a photocopy of proof of citizenship.
The mail-in card is particularly useful for voter registration drives, said Robert Kengle of the Lawyers' Committee for Civil Rights Under Law, which is representing Native American and Hispanic groups in the case.
The conservative wing of the Supreme Court has been eager to challenge voting rights laws in recent years. In 2008, a 6-3 majority of the court upheld Indiana’s voter ID law, paving the way for suppressive voter ID measures throughout the country. The Court may also hear a challenge to section 5 of the Voting Rights Act, which requires federal preclearance for voting rights changes in states and counties with a history of discrimination at the ballot box. Successful court challenges to discriminatory voting law changes this year have shown just how essential that provision still is.
While the composition of the Supreme Court is unlikely to change before these cases are heard, they underscore the importance of federal courts in this election. Not only are federal courts the final protection we have against discriminatory voter suppression laws, the makeup of these courts is on the line in the presidential election. Either Mitt Romney or President Obama could pick up to three Supreme Court Justices and dozens of federal court judges in the next term. Romney has promised to appoint Justices like Antonin Scalia and Clarence Thomas, who have both signaled their hostility to voting rights. If he does, and the Court shifts farther to the right, we could see decades of progress for fair and free elections slip away.
Yesterday morning, the Supreme Court heard oral arguments in Fisher v. University of Texas, a landmark case that could determine whether public colleges and universities can consider race as one of many factors when making admission decisions. Plaintiff Abigail Fisher, a white woman, alleges that the University of Texas discriminated against her based on her race when she was not admitted to the University of Texas in 2008. Should the Supreme Court choose to rule in favor of Fisher and rescind equality measures that were upheld by the Court just nine years ago in Grutter v. Bollinger, public colleges and universities would lose their ability to ensure a diverse student body.
People For the American Way, along with many proponents of affirmative action, rallied in front of the Supreme Court, stressing the necessity of diversity and inclusiveness in higher education. Champions of fairness and racial equality spoke, reflecting upon their own educational triumphs as a result of affirmative action and warning against a color-blind perspective that the Supreme Court may uphold. Speakers emphasized that individuals are multi-faceted, and cannot be judged solely by an SAT score or a GPA.
Speakers at the rally emphasized that a student must be evaluated wholly as an individual. A person’s race and ethnicity is part of their background and part of what they offer to the diverse university community, just like their athletic abilities or legacy family roots.
While people of color have made great strides in closing the education gap, disparities in higher education remain widespread. Colleges and universities must foster diversity and represent the vast spectrum of aspiring students and professionals. This will only enhance ingenuity, bridge the racial divides of our history, and preserve America’s platform of fairness and justice.
This is Justice Antonin Scalia, who Mitt Romney and Massachusetts Sen. Scott Brown both hold up as their model Supreme Court Justice, discussing his approach to some thorny Constitutional issues:
"The death penalty? Give me a break. It's easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state”
Looking forward to seeing your rights eliminated with “ease” by the Supreme Court? We have just the candidate for you.
Survey finds high court is a significant factor for voters
A newly released Hart Research Associates poll indicates that Americans fear that if Mitt Romney is elected president, he will appoint Supreme Court Justices who will shift the court even more in favor of big business at the expense of everyday Americans. Hart also found that the Supreme Court is a significant factor for voters in the upcoming election.
The poll was conducted for the Alliance for Justice Action Campaign, The Leadership Conference on Civil and Human Rights and People for the American Way. It consisted of a national online survey of 1,007 registered, likely voters between August 24-30, 2012 and two focus groups in Philadelphia
It found that 63 percent of all voters, and more than half of independent voters and presidential “swing” voters, say the issue of who will serve on the Supreme Court is an important consideration in their vote this year. According to the survey, what most concerns voters – a full 54 percent --is their worry that Romney will nominate justices who will consistently favor corporations over ordinary Americans.
In contrast, voters believe that Obama is more likely to choose justices who “will protect the rights of average people, not just the wealthy and powerful.” And they believe President Obama is much more likely to appoint justices who “would uphold the progress we have made on civil rights and women’s rights.” The voters surveyed were also concerned about Romney’s opposition to Supreme Court decisions favoring women’s rights, including Roe v. Wade, Indeed, 59 percent of all voters, and 62 percent of swing voters, say Romney’s belief that women have no constitutional right to have an abortion gives them less confidence in Romney.
“If the next president fills even one vacancy on the Supreme Court, he could change the court, and America, for decades,” said Nan Aron, President of the Alliance for Justice Action Campaign. “This poll makes clear that the American people don’t want the president to further shift the court toward corporate special interests for a generation or more.”
“Americans are convinced that a Romney Court would make it harder for women and minorities to lead their day-to-day lives,” said Nancy Zirkin, Executive Vice President of The Leadership Conference on Civil and Human Rights. “As the Court considers affirmative action and same-sex marriage, its role as the last arbiter of equality for millions of disadvantaged Americans is clear. And Romney will have to quell these fears if he ever hopes to gain the trust of these communities.”
“We pick a president for four years, but he picks Supreme Court justices for a lifetime,” said Michael Keegan, President of People For the American Way. “This polling shows that Americans are concerned about how this election will affect the future of the Supreme Court, and know that a Mitt Romney presidency would skew the Court ever further to the Right.”
Sixty percent of all voters, and 63 percent of swing voters said they had less confidence Romney would appoint the right kinds of justices to the Supreme Court when told that Romney favored the Citizens United decision, which led to opening the floodgates to massive corporate campaign contributions. Voters are influenced as well by a number of recent 5-4 decisions siding with corporations over people, including Wal-Mart over its female employees, AT&T over its customers, and the case decided against Lily Ledbetter that led to the Lily Ledbetter Fair Pay Act.
A full memo on the poll and focus groups is below. A pdf of the memo is available here.
TO: Interested Parties
FROM: Guy Molyneux, Hart Research
DATE: September, 2012
RE: The Supreme Court and 2012
On behalf of Alliance for Justice Action Campaign, The Leadership Conference on Civil and Human Rights, and People for the American Way, Hart Research has conducted opinion research on the potential impact that the issue of Supreme Court nominations could have on the 2012 presidential election. A national online survey of 1,007 registered, likely voters was conducted August 24-30, 2012, followed by two focus groups in Philadelphia.
1) The issue of Supreme Court nominations is an important voting consideration for registered voters, including a substantial portion of swing voters.
Fully 63% of voters say that the issue of nominating justices to the Supreme Court will be an important consideration in their voting this year. That includes 30% who say “very important” consideration. As we would expect, strong partisans assign the greatest weight to the issue, but substantial numbers of independent voters (55%) and presidential swing voters (54%) also report a significant level of concern about the Supreme Court issue. Moreover, after survey respondents hear information about Mitt Romney’s positions on judicial issues and his model for judicial nominations, they rate the importance of the Court even more highly: 71% say it will be an important voting consideration, including 39% (a 9-point increase) who say very important.
2) Voters have more confidence in President Obama than Mitt Romney with respect to Supreme Court nominations.
Voters say that they have more confidence in Barack Obama (46%) than Mitt Romney (41%) to select good federal judges and Supreme Court justices. Obama is trusted on judicial nominees much more than Romney among the voters who will likely determine the outcome of the presidential election. Independent voters prefer Obama by an 8-point margin (39% to 31%), and Obama’s advantage grows to an impressive 18 points (42% to 24%) among presidential swing voters (those undecided or weakly committed to a candidate). Women in the center of the electorate strongly prefer Obama, as he enjoys a 19-point edge with independent women (43% to 24%) and a 26-point advantage among swing women (44%-18%).
The president’s advantage over Romney rests on two main elements. First, voters believe Obama (61%) is much more likely than Romney (39%) to appoint justices who “would uphold the progress we have made on civil rights and women’s rights.” Second, most voters trust Obama (59%) rather than Romney (41%) to choose justices who “will protect the rights of average people, not just the wealthy and powerful.” Among swing voters, Obama enjoys commanding advantages of 55 points and 49 points, respectively, on these two dimensions.
3) The most compelling criticism of Mitt Romney regarding the Supreme Court is that his nominees will be biased in favor of corporations over average Americans.
The survey results reveal that what most concerns voters about the prospect of Mitt Romney nominating future justices is the notion that his nominees will consistently favor corporations over ordinary Americans. Fully 54% worry that Romney will appoint this kind of justice, far more than any other single concern (for example, 43% worry that Romney’s justices will “turn back the clock on civil rights and women’s rights”). Similarly, when voters are asked which of several criticisms of Romney concern them the most, the prospect of pro-corporate justices is the top choice for swing voters (30%), far ahead of limiting legal abortion (17%), turning back the clock on rights (17%), and other factors. And later in the survey, after voters have learned about Romney’s positions on a range of judicial issues, swing voters say their single biggest concern about Romney’s justices is they will favor corporate interests over average Americans (followed by the similar idea that they will “favor millionaires over the middle class”).
4) The single best “proof point” for the claim that Romney’s nominees will favor corporations is his support for Citizens United, which has already led to corporations and billionaires spending millions of dollars on negative political ads this year. Other powerful evidence includes the AT&T, Wal-Mart, and Ledbetter cases.
The research findings indicate that the single best way to demonstrate that Romney would appoint pro-corporate justices is to focus on his support for the Court’s decision [Citizens United] which opened the door for corporations and the wealthy to spend unlimited amounts to influence elections. Linking that decision to what citizens are already experiencing – a huge number of negative political ads funded by corporations and individuals – gives this issue real salience now.
Mitt Romney does not have an extensive track record of taking positions on most other Supreme Court cases, but he has been clear about the kind of justices he would appoint: judges “in the mold of Clarence Thomas, Antonin Scalia, and Samuel Alito.”
As seen in past research, the AT&T, Wal-Mart, and Ledbetter decisions all trouble voters. Here is how they were described in the survey, each of them raising significant concerns about Romney:
5) The concern that Romney will appoint anti-choice justices also has power with many voters.
Both the survey and focus groups reveal that Romney’s commitment to appoint anti-choice justices concerns many voters. In the survey, 59% of voters (and 62% of swing voters) say Romney’s belief that women have no constitutional right to have an abortion gives them less confidence in Romney.
6) Voters’ recognition of the importance of judicial nominees in evaluating Romney and Obama is greatly heightened when we remind them that justices serve for life.
On CNN’s website today, legal analyst Jeffrey Toobin laments out how small a role the Supreme Court has played in the presidential election so far. He writes:
With a little more than a month to go, it's not too late to ask the candidates to take a stand on their plans for the court. The president has already had two appointments, and he named Sonia Sotomayor and Elena Kagan. But what does Obama, a former law professor, think about the court? Does he believe in a "living" Constitution, whose meaning evolves over time? Or does he believe, like Justices Scalia and Thomas, that the meaning of the document was fixed when it was ratified, in the 18th century.
By the same token, what kind of justices would Romney appoint? Who are his judicial role models? Romney has praised Chief Justice John Roberts, but is the candidate still a fan even after the chief voted to uphold the ACA?
No one is asking these questions. But there are few more important things to know about our current and future presidents.
Toobin is absolutely right that the candidates’ plans for the Supreme Court deserve a lot more air time than they’re getting. But he’s wrong to suggest that we know nothing about what President Obama and Governor Romney have in mind for the Court.
President Obama has already picked two Supreme Court justices. Both, Sonia Sotomayor and Elena Kagan, have been strong moderates, balancing out the retro extremism of Justices Scalia and Thomas. When female Wal-Mart employees wanted to band together to sue their employer for pay discrimination, Sotomayor and Kagan stood on the side of the women’s rights, while Scalia and Thomas twisted the law to side with the corporation. When Justices Thomas and Scalia ruled that a woman harmed by a generic drug couldn’t sue the drug’s manufacturer in state court, Justices Sotomayor and Kagan stood up for the rights of the consumer.
Mitt Romney obviously hasn’t had a chance to pick a Supreme Court justice yet, but he’s given us a pretty good idea of who he would choose if given the opportunity. On his website, Romney promises to “nominate judges in the mold of Chief Justice Roberts and Justices Scalia, Thomas, and Alito.” After the Supreme Court’s ruling in the health care reform case, Romney announced he had changed his mind about Roberts, who declined to destroy the law while still writing a stunningly retrogressive opinion redefining the Commerce Clause.
And, of course, Romney sent a clear signal to his conservative base when he tapped Robert Bork to advise him on legal and judicial issues. Bork’s record, and what he signals about Romney’s position on the Supreme Court, is chilling:
Romney’s indicated that he would want the Supreme Court to overturn Roe v. Wade. He’s even attacked the premise of Griswold v. Connecticut, the decision that prohibited states from outlawing birth control by establishing a right to privacy.
Yes, the candidates should be made to answer more questions about their plans for the Supreme Court and the lower federal courts. But there’s a lot that we already know.
(For more, check out PFAW’s website RomneyCourt.com.)
Washington, DC – People For the American Way today commended the Senate Judiciary Committee for holding an important hearing on the tremendous impact the Supreme Court will have on whether the American people will be allowed to retain control of our own democracy. Today’s hearing will focus on the Court’s decision in Citizens United v. FEC and the role of the courts in preserving individual citizens’ voting rights.
“Citizens United has profoundly reshaped our elections, opening them up to limitless corporate cash, secret money, and risk of corruption,” said Marge Baker, Executive Vice President of People For the American Way. “Citizens United has given corporations and the very wealthy unprecedented control over the public debate preceding our elections. At the same time, new threats are arising to the right to even cast a ballot, as individual citizens are seeing their voting rights taken away by suppressive laws targeted at traditionally disenfranchised communities – especially those who corporate interests fear will vote ‘the wrong way’.
“Our federal courts have an important role in ensuring that the rights of Americans to control our own democracy are preserved. It’s encouraging that the Judiciary Committee is giving these issues the attention they deserve.”
Earlier this year, People For the American Way and allied groups delivered 1.9 million petitions to congressional leaders urging them to move forward on amending the constitution to overturn Citizens United.
Taking over the Supreme Court is an obsession on the far right, and Mitt Romney is on course to do their bidding. Romney selected none other than Robert Bork to serve as his chief judicial advisor.
PFAW Activists Rally Outside Romney Headquarters in Greentree, PA
Yesterday marked the 3rd anniversary of Sonia Sotomayor officially assuming her office as Associate Justice of the Supreme Court of the United States. People for the American Way, in partnership with other progressive organizations including NARAL and the AFL-CIO, marked the occasion with activists on the ground in the key states of Ohio and Pennsylvania.
At a campaign event in Colorado yesterday, President Obama underscored the importance of the election for its impact on the future of the court.
Today is the three-year anniversary of Sonia Sotomayor taking her seat on the Supreme Court. Yesterday was the two-year anniversary of Elena Kagan taking her seat on the Supreme Court. So let's be very clear -- the next President could tip the balance of the Court in a way that turns back the clock for women and families for decades to come. The choice between going backward and moving forward has never been so clear.
People For president Michael Keegan also laid out the stakes in the Huffington Post.
President Obama’s decisions to nominate Justices Kagan and Sotomayor prove his commitment to selecting qualified jurists and building a more representative and inclusive court that respects the Constitution and the rights of every American. Mitt Romney’s decision to turn to ultra-conservative judge Robert Bork for judicial counsel is a clear signal that he would only appoint far-right figures to the Supreme Court, judges that are even further to the right than Samuel Alito and Antonin Scalia.
It’s difficult to imagine a more conservative court than the one we have now, but that’s exactly what a Romney presidency would bring. With critical issues such as reproductive rights, voting rights, LGBT rights, campaign finance, and worker protections almost certain to come before the court next presidential term, stakes have never been higher.
For more on Mitt Romney’s dangerous vision for the Supreme Court, visit Romneycourt.com.
Yesterday, PFAW avtivists were featured on Ohio Public Radio:
and Ohio Capital Blog: