Fair and Just Courts

GOP's Delay for Loretta Lynch Gets More Ridiculous By the Day

If anyone had said four months ago that we’d still be waiting for the Senate to hold a confirmation vote for Loretta Lynch, no one would have believed it.  Yet here we are.  Although she was approved by the Judiciary Committee three weeks ago, Mitch McConnell just can’t bring himself to schedule a floor vote for her.

Lynch is supremely qualified to be AG.  Progressives and conservatives alike have written to the Senate praising Lynch and urging her confirmation.  In fact, not a single one of the Republicans’ own witnesses at her confirmation hearing actually opposed her confirmation.

Yet Republicans in the Senate continue to make a partisan brawl out of a consensus nomination.

Until now, regardless of which party was in the White House or in control of the Senate, the attorney general nominee has gotten a confirmation vote very quickly upon committee approval.  But Lynch’s nomination has been languishing on the Senate floor for nearly three weeks, longer than the wait-time for the past five attorney general nominees combined.

McConnell has jettisoned his promise to allow a vote this week.  At the beginning of next week, Lynch will have been waiting for a floor vote as long as the previous seven attorneys general combined:

Click chart for larger image.
Chart: Loretta Lynch vs. other attorney general confirmations

McConnell’s latest excuse for delay is that the Senate needs to vote on a human trafficking bill first … a bipartisan bill that Republicans politicized by inserting an anti-choice provision.

The Lynch nomination was a great opportunity for Republicans to show the American people that they can govern.  Instead, they’ve shown the American people that they won’t pass up any opportunity to play politics, as they pile unheard-of delay after delay on the person who should already have been confirmed as our nation’s first African American woman attorney general.

PFAW

Staver: Supreme Court Pro-Marriage Ruling Would Deserve 'No More Respect' Than Dred Scott

In a speech to this weekend’s Awakening conference in Florida, Liberty Counsel’s Mat Staver declared that a ruling in favor of marriage equality from the Supreme Court would deserve “no more respect than Dred Scott or Buck v. Bell,” court rulings that, respectively, denied citizenship to African Americans and allowed mandatory state sterilization of mentally disabled people.

“I say this: If the Supreme Court can’t get it right, or any judge get it right, on the fundamental, observable, natural created order of marriage as the union between a man and a woman, they can’t get it right on anything, that’s their own opinion, and it deserves no more respect than Dred Scott or Buck v. Bell,” he declared.

He warned the audience that a “clash is coming” between religious liberty and LGBT rights that is “unprecedented in American history.”

“Tax exemption, income tax exemption, property tax exemption, everything is going to be impacted,” he said. “You cannot navigate around this. This is a collision of two trains coming in opposite directions on the same track. We are on the precipice of a collision of unprecedented magnitude.”

Jindal, Huckabee And Santorum To Join Far-Right Activists At Liberty Counsel's 'The Awakening'

Louisiana Gov. Bobby Jindal, after teaming up with Christian nationalist extremists to host his “The Response” prayer rally in Baton Rouge earlier this year, is now continuing his project of endearing himself to the far fringes of the Religious Right by addressing an annual conference hosted by Liberty Counsel this weekend.

Liberty Counsel’s “The Awakening” event will bring Jindal, along with fellow likely GOP presidential hopefuls Mike Huckabee and Rick Santorum, together with some of the most unapologetically extreme Religious Right leaders, including Sen. Ted Cruz’s dad Rafael.

With speakers from John Eidsmoe, a founding father of the Religious Right’s current Christian nationalist thought, to Kamal Saleem, the phony ex-terrorist and prolific anti-Obama conspiracy theorist, the candidates are sure to be treated to an exciting array of far-right ideas.

Mat Staver

The Awakening is organized by Liberty Counsel, a legal arm of Liberty University founded and chaired by Mat Staver. Staver is particularly invested in anti-LGBT activism both in the U.S. and abroad, where he has spoken out in favor of laws criminalizing homosexuality. Here at home, he has warned that marriage equality will help bring about God’s destruction of America and will be “the beginning of the end of Western Civilization.”

Staver’s extremism is not limited to LGBT rights. For instance, at the 2010 Awakening conference, Staver agreed with an audience member who asked if the Affordable Care Act created a private army of Brownshirts for President Obama.

Kamal Saleem

Kamal Saleem claims to be an ex-terrorist who worked for a number of Islamist groups before coming to America to build sleeper cells and ultimately converting to Christianity. The fact that Saleem’s story doesn’t add up — and that he’s suspiciously reluctant to talk about the details — hasn’t stopped him from being a popular speaker on the Religious Right conference circuit, where he impresses audiences with his insider knowledge that President Obama is a secret Muslim out to destroy America.

Saleem uses his literally unbelievable personal story to sell a wide range of conspiracy theories, including claims that President Obama attends a mosque in Washington, DC, on Christmas (while he is simultaneously in Hawaii) and that Islamists are working through Sasha and Malia Obama’s babysitters to establish a shadow government.

In 2012, he told The Awakening that when President Obama appeared to be pledging allegiance to the flag, he was actually taking part in an Islamic prayer. The same year, he warned the Values Voter Summit that then-Secretary of State Hillary Clinton would be shutting down churches in America within the year:

John Eidsmoe

John Eidsmoe is one of the leading voices behind the Religious Right’s effort to rewrite American history and law to reflect a specific “biblical worldview.” Former Rep. Michele Bachmann, who was a research assistant on Eidsmoe’s influential 1987 book “Christianity and the Constitution,” cites him as an in influence and his work has permeated the segment of the Religious Right that seeks to take “dominion” over America to avoid God’s judgment.

Eidsmoe has specifically warned that gay rights will bring about divine judgment on the U.S. and wrote a whole book, “Gays & Guns,” arguing against allowing gays and lesbians to serve openly in the military, warning that they might molest children.

Eidsmoe, who has gotten in trouble in the past for speaking to white supremacist groups, is currently the “senior counsel and resident scholar” at the Foundation for Moral Law, the Christian nationalist group founded by Alabama Chief Justice Roy Moore, a longtime ally.

Rick Scarborough

Rick Scarborough, a Baptist pastor and the head of the Religious Right group Vision America, is one of the most extreme voices in the anti-LGBT movement. Although he insists that he is neither a Democrat or Republican, but a “Christ-ocrat,” he frequently allies with likeminded Republican politicians including Rick Perry and Mike Huckabee to get his followers to the polls.

Scarborough maintains that AIDS is God’s “judgment” for “an immoral act,” warns that the appointment of gay ambassadors would be perfect justification for God to nuke America, and once suggested filing a class action lawsuit against homosexuality.

Scarborough has also dabbled in anti-immigrant nativism, warning that “more non-white families” in the U.S. would lead to fewer Christians and that “if this country becomes 30 percent Hispanic we will no longer be America.”

Franklin Graham

Franklin Graham, a son of famed evangelist Billy Graham, couples his international humanitarian work with an apocalyptic approach to American politics. He predicted that President Obama’sreelectionwould bring about God’s destruction of America and railed that Americans “turned our back on God” by reelecting the president.

Graham’s opinion of the Obama administration was only reinforced when he was disinvited from speaking at an event at the Pentagon because of hishistory of anti-Muslim rhetoric. He has since claimed that the White House has been “infiltrated by Muslims” and is being run by Muslims who “hate Israel and hate Christians.” Just this week, he speculated that Obama’s mother “must have been a Muslim,” which he said explains why the president supposedly won’t fight ISIS.

While he may worry that God is getting ready to judge America for President Obama, Graham has implied that the Almighty is smiling on Russian President Vladimir Putin because of his crackdown on LGBT rights in his country. Graham, who has long claimed that Christianity is on the road to being criminalized in the U.S., said last year that pastors must be prepared to get their “heads chopped off” in the fight against gay rights.

Matt Barber

Matt Barber, a former Liberty Counsel official who still hosts a daily radio program with Staver, is best known for his over-the-top bigoted anti-gay rhetoric.

Barber often frames his battle against LGBT equality and reproductive rights as a “spiritual war” in which he is on the side of God. He has called marriage equality the “bidding of the Devil” and warned that by legalizing same-sex marriage, America is “ tempting the wrath of God.” He claims that HIV/AIDS is divine punishment for homosexuality.

Barber is fond of comparing his opponents to Nazis, calling supporters of reproductive rights “modern day Nazis” and LGBT rights advocates “Rainbowshirts” who have “broken out the long knives” to go after Christians. At the same time, he has supported repressive anti-LGBT regimes around the world, praising Russian President Vladimir Putin’s anti-gay crackdown and saying he’d like to see a ban on “gay propaganda” in the U.S., and defending Uganda’s harsh criminal penalties for LGBT people.

Last year, Barber launched BarbWire.com, an online emporium for right-wing vitriol which he sees as part of his “war” against the “lies” that Satan tells through progressives.​

Cruz: Marriage Equality Decisions 'A Real Danger To Our Liberty'

Sen. Ted Cruz told Iowa talk radio host Jan Mickelson yesterday that he plans to introduce a constitutional amendment to allow states to ban gay and lesbian couples from marrying because court decisions in favor of marriage equality present “a real danger to our liberty.”

The Texas Republican deflected Mickelson’s questions on whether states could simply ignore a Supreme Court decision in favor of marriage equality, saying he preferred his constitutional amendment as a solution. “If the courts were following the Constitution, we shouldn’t need a new amendment, but they are, as you put it quite rightly, making it up right now and it’s a real danger to our liberty,” he said.

Cruz told a group of Iowa pastors yesterday that judges who have made decisions in favor of marriage equality are “ignoring their oaths, ignoring the Constitution and legislating from the bench.”

McConnell Should Let Senate Confirm Judges

There is no reason to keep delaying judicial confirmation votes, especially when Texas in particular needs its vacancies filled.
PFAW

GOP Senate Moving Obama's Judges Slower than Democrats Moved Bush's

By this same point in Bush's last two years, the Democratic Judiciary Committee had already advanced ten judicial nominees to the full Senate.
PFAW

CWA Spox: SCOTUS Marriage Ruling Could Lead To ‘Criminalization Of Religious Beliefs’

Concerned Women for America’s legal counsel, Mario Diaz, stopped by Iowa CWA director Tamara Scott’s radio program last week to discuss the Supreme Court’s upcoming consideration of a number of marriage equality cases.

Scott, who is also a Republican National Committee member, told Diaz that LGBT rights advocates, “the group that exploits the term ‘tolerant’ as their poster,” are actually “so incredibly intolerant to anyone with an opposing view.”

Diaz agreed that a collision between LGBT rights and religious liberty is “inevitable,” and that a Supreme Court marriage equality victory would lead to the “criminalization of religious beliefs.”

“And it is one of the great tragedies that I think I put now at the feet of the Supreme Court, if they are considering finding a constitutional right to same-sex marriage in the Constitution, they must consider, and I hope they are, that they will be effectively opening the door for the criminalization of religious beliefs, especially Christian beliefs.”

Later in the interview, Scott and Diaz agreed that LGBT rights victories in the courts amount to, in Diaz’s words, a “transformation of the form of government we have.”

Pointing to Justice Ruth Bader Ginsburg’s comment that it wouldn’t take “a large adjustment” for Americans to adapt to same-sex marriage, Diaz said she is planning to wave a “magic wand and declare that the country’s ready now to move to same-sex marriage.”

“And in a few years, when the country’s ready for polygamy, then the country’s ready for that also, and we continue down that track to anything that the majority of us agree about. It’s just preposterous,” he added.

Brian Brown: Marriage Equality, Like Slavery And Segregation, 'Cannot Stand'

National Organization for Marriage President Brian Brown joined Iowa Republican National Committee member Tamara Scott on her radio program last week, where the two discussed the upcoming Supreme Court decision on marriage equality.

Brown told Scott that a pro-equality decision would be “illegitimate” and anti-LGBT groups would have to emulate the anti-choice movement after Roe and “build a movement that continues to stand and proclaim the truth.”

He compared a potential marriage equality decision to infamous Supreme Court rulings upholding the Fugitive Slave Act, the prohibition on citizenship for African Americans, and school desegregation.

“It may be a generation or two down the line, but this lie about what it means to be a human being cannot stand. It cannot stand,” he said. “And just because the Supreme Court says it’s so, it doesn’t make it so. The Supreme Court has had horrible decisions in the past, horrible decisions like the Dred Scott decision, Plessy v. Ferguson, the Fugitive Slave Act, Roe v. Wade. Just because the Supreme Court said it was so didn’t make it so, and there was an obligation for people living in those times to stand up and say ‘no this is wrong’ and to fight with every ounce of their being for the truth.”

He added that the movement would have to contend with “some weakness from Republican leaders on the marriage issue.”

Earlier in the interview, Scott asked Brown about the decision to approve hormone therapy for Chelsea Manning, which Scott joked was part of a “witness protection program.”

“Well, I don’t know about that, but I do know that once you redefine what it means, or attempt to redefine what it means to be a man and a woman, then this clearly is the next step,” Brown responded. “And I don’t think people, at times we may not think deeply about what we’re being asked to accept, especially on the issue of same-sex marriage, but what we’re essentially being asked to accept is the very deconstruction of what it means to be a mother and father, husband and wife, and what it means to be a human being.”

“And once you go down this road of acting as if the biological reality of mothers and fathers, husbands and wives doesn’t matter, it doesn’t exist, then the next step is to say that gender itself is a construct. And we’re seeing that across the country, the next step on quote-unquote ‘transgender rights,’” he said.

He added that transgender rights measures would have "profound consequences" that are being seen "across the country."

Roy Moore: Ban Gay Marriage To Keep Bisexuals And 'Transgendered' From Marrying Multiple People

Alabama Chief Justice Roy Moore doesn’t seem to quite understand the LGBT community that he is so set against, telling the Associated Press this weekend that if the Supreme Court rules in favor of marriage equality, bisexual and “transgendered” people will then demand to marry two people each. “Can they marry two persons, one of the same sex and one of the opposite sex? Then, you've got a family of four or how many?" he asked:

Moore argues that no federal court, even the U.S. Supreme Court, has the right to define marriage.

"You're taking any definition of a family away. When two bisexuals or two transgendered marry, how large is that family? Can they marry two persons, one of the same sex and one of the opposite sex? Then, you've got a family of four or how many?"

Moore also resisted comparisons of his standoff with the federal courts over marriage equality to former Gov. George Wallace’s stand against desegregation, saying that one major difference is that Wallace eventually backed down, and he won’t:

Moore's actions have drawn inevitable comparisons to former Gov. George Wallace's 1963 largely symbolic "stand in the schoolhouse door" aimed at preventing desegregation at the University of Alabama, nine years after education segregation was ruled illegal.

Moore said there is another difference.

"George Wallace moved," he said, noting how the former governor eventually stepped aside.

"I can't move from my position because I'm bound to uphold the Constitution," Moore said.

Matt Barber: States Should Defy Roe And Jail Abortion Providers

Matt Barber joined Steve Deace on his radio program yesterday to discuss the actions of Alabama Chief Justice Roy Moore, who’s urging judges in his state to defy a federal judge and refuse to issue marriage licenses to gay and lesbian couples.

Barber told Deace that whether or not the United States Supreme Court has “the authority to redefine the institution of marriage, which cannot be done, it’s contrary to reality to say that it’s anything other than the male and female,” Moore is on “solid legal ground” in claiming that the Alabama Supreme Court takes precedence over the federal district court that issued the marriage ruling.

Deace asked Barber why the conservative movement was less willing to defy the federal courts during Judge Moore’s 2003 standoff over placing a Ten Commandments monument in his courthouse or after Roe v. Wade, “when the court said, ‘We’re going to start just massacring, dismembering little innocent babies.’”

Barber agreed that states should have simply ignored the court’s ruling in Roe: “Why, back when the courts issued their ridiculous, non-scientific ruling in Roe v. Wade, why didn’t states like Texas and other states say, ‘Okay, well thank you for your opinion, but nope, here in the state of Texas, you kill an unborn child, you’ve committed murder, we’re going to throw you in jail for it’?”

Later in the interview, Deace repeated his prediction that a sweeping marriage ruling would ignite an even greater culture war battle than Roe did.

Barber agreed, saying the “goal all along” of the “sin-based, sodomy-based marriage” movement has been to persecute Christians.

“Religious liberty and so-called gay marriage cannot coexist in harmony,” he said. “If the Supreme Court goes Roe v. Wade on this decision and divines a new-fangled right to sin-based, sodomy-based marriage, Christians will be being persecuted across the country. They will be told, ‘You either put your stamp of approval on sin or you will be pushed to the fringes and marginalized and you will not be able to carry a job or function in society.’ That’s been their goal all along anyway.”

Republicans Should Move Judicial Nominations Next Week

The number of judicial vacancies continues to climb. Senate Republicans should move faster on judicial nominations.
PFAW

Thursday is Test Day for Senate Judiciary Republicans

Will Senate Republicans still needlessly delay scheduled judicial nomination committee votes now that they are in the majority?
PFAW

Tony Perkins: Marriage Equality Rulings Will Throw 'Our Country Into A Tailspin'

Family Research Council President Tony Perkins spent a good portion of his “Washington Watch” radio program on Monday praising Alabama Supreme Court Chief Justice Roy Moore and the state probate judges who are refusing to follow a federal court order legalizing same-sex marriage in the state.

Perkins said that he, too, is “not going to listen to these courts that are wrong” when they make a ruling that is “inconsistent with nature itself, certainly inconsistent with scripture.”

The federal courts, he added, “are setting themselves up to lose credibility and put, I believe, our country into a tailspin.”

What is the rule of law? In a free society, a democratic society, the rule of law is generated, over all, [by the] Constitution and general consensus. We agree. And when you go too far out, which this administration has and these courts are, it doesn’t work. An unjust law is no law at all.

And they are setting themselves up to lose credibility and put, I believe, our country into a tailspin. Because I’m not going to listen to these courts that are wrong, when they have taken away the rights of the people and just imposed upon this nation a viewpoint that is not shared by a majority of the people. Even if it was, it’s inconsistent with nature itself, certainly inconsistent with scripture.

A Victory in the Fight for Fair Trials for Undocumented Immigrants

In an important victory for fair courts and the principle that justice is available to all, an appeals court in California today issued a decision granting a new trial for an undocumented immigrant whose immigration status was revealed to jurors despite its irrelevance to the issues in the case. People For the American Way had joined the UC Hastings Appellate Project and the ACLU of Southern California in submitting an amicus brief in the case, Velasquez v. Centrome, Inc. dba Advanced Biotech.

In this case, a former factory worker named Wilfredo Velasquez sued Advanced Biotech, Inc. for its alleged failure to tell his employer about the harms of a chemical he was exposed to while on the job — exposure which he says led to a devastating lung disease. But during the jury selection, the trial judge revealed to jurors that Velasquez was undocumented, an action that, in the words of our amicus brief, “unnecessarily injected prejudice into the selection process, making it impossible to know whether Mr. Velasquez received his constitutionally guaranteed fair trial by impartial jurors.” The threat to Velasquez’s right to a fair trial became clear when the jury concluded that Advanced Biotech had indeed been negligent — yet still awarded no damages to Velasquez, meaning that he, in effect, lost his case.

Fortunately, today the appeals court righted this wrong by granting Velasquez a new trial. The state appeals court noted that “cases both in California and in multiple other jurisdictions have recognized the strong danger of prejudice attendant with the disclosure of a party’s status as an undocumented immigrant.”  Indeed, we have seen how undocumented immigrants face ongoing hostility in our country.

As the amicus brief notes, every person, regardless of immigration status, has a right to “a verdict rendered by an impartial jury.” It is a right that must remain a foundational principle of our judicial system.
 

PFAW

PFAW Foundation Joins Amicus Brief in SCOTUS Case on Health Care Tax Subsidies

Yesterday PFAW Foundation joined the National Women’s Law Center, the law firm Hogan Lovells, and close to 70 other organizations in submitting an amicus brief in King v. Burwell, the pending Supreme Court case on tax subsidies for the Affordable Care Act (ACA). The brief notes that a decision in favor of those challenging the subsidies would threaten a central goal of the law: making access to health insurance possible for millions of people across the country.

The ramifications of a wrong decision in this case could be enormous, causing serious harm in the lives of people now relying on health insurance through the ACA. If the core tax subsidy provision were to be struck down, the brief points out, women of color would be especially hard-hit:

These tax credits are critical. Over 9 million women, who would otherwise go without affordable health insurance, are eligible to benefit from them, including a disproportionate number of women of color.

…The tax credits are not only critical to women’s health; they are critical to the ACA’s continued viability. Congress encouraged participation in the insurance market primarily through the careful interrelation of the individual responsibility provision, market reforms, and tax-credit provisions. Eliminate the tax credits, and the system unravels.

The amicus brief highlights the stories of many real women who depend on the tax credits to access needed health care:

Marilyn Schramm, 63, is a 26-year cancer survivor from Austin, Texas. She endured treatment for cervical cancer in her thirties and has experienced life-long complications from that treatment that have required surgeries since then. Marilyn retired several years ago. When her COBRA rights were exhausted, Marilyn was forced to go without insurance for six months because of her “preexisting conditions.” But in January 2014, Marilyn could finally purchase insurance on the federally-facilitated Exchange in Texas, with at least half of her premium covered by the ACA’s tax credits.

Marilyn has now been diagnosed with colon cancer; following surgery, she began chemotherapy this month. Her coverage depends on the ACA’s prohibition on excluding those with pre-existing conditions, and on its premium tax credits: With her modest retirement income, Marilyn is unsure whether or how she could pay her insurance premium without the tax credits.

As we have noted before, this case is a blatantly political attack intended to do serious damage to the Affordable Care Act. The millions of women and men across the country who rely on the ACA in order to access health care ranging from preventative screenings to cancer treatments deserve far better.

PFAW Foundation

Roberts Court Sets Its Eye on Fair Housing Law

At least four of the Court's conservatives are set on imposing their own ideological vision of what our nation's fair housing laws should look like.
PFAW Foundation
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