Today, the Senate Judiciary Committee will hold a hearing on the nomination of Cornelia “Nina” T.L. Pillard to the influential Court of Appeals for the D.C. Circuit. Pillard is one of President Obama's three nominees to fill vacancies on the court, which is currently operating with nearly one-third of its seats empty.
Pillard is a fair-minded, nationally recognized law professor and experienced appellate lawyer with an extraordinary record of service. She has won historic Supreme Court victories: she opened one of the last male-only public colleges to women, and protected the Family and Medical Leave Act. She has served two tours as a high-level government lawyer and is currently a distinguished and beloved professor at Georgetown University Law Center. Her expertise in appellate litigation led to her appointment as a co-director of Georgetown’s Supreme Court Institute, which assists lawyers from around the country in preparing for Supreme Court arguments, without regard to which side they represent. Her record demonstrates her superb character, judgment, and fundamental commitment to upholding the principles of our Constitution and laws.
Right-wing bloggers are already making nasty and untrue attacks on Professor Pillard, but here are the facts:
The National Review Online cited unnamed sources in a blog calling Professor Pillard a “complete ideologue.” In reality, Professor Pillard is a fair-minded, highly accomplished litigator with broad experience and an outstanding reputation for public service. She has litigated major constitutional cases brought or defended by Republican Administrations, and Supreme Court justices appointed by Republican presidents have often written the majority opinions agreeing with Professor Pillard’s legal arguments. And prominent officials in Republican-appointed officials are supporting her nomination.
FACT: Because of Pillard’s unbiased approach to the law, which has earned her the respect of her colleagues, she was asked to chair an American Bar Association Reading Committee that evaluated Judge Samuel Alito’s qualifications to serve on the Supreme Court. Her committee’s evaluation led to the ABA rating Alito “well qualified."
FACT: Pillard serves on the Executive Committee of the Board of Directors of the American Arbitration Association, the world’s largest alternative dispute resolution provider.
FACT: Pillard has a long track record of fair and unbiased work, including litigating major constitutional cases brought or defended by Republican Administrations. And Supreme Court justices appointed by Republican presidents have often written the majority opinions agreeing with her legal arguments.
FACT: President George W. Bush’s Assistant Attorney General Viet Dinh signed a letter of support for Professor Pillard citing her unbiased approach to the law.
The Family Research Council has attacked Professor Pillard, claiming she has radical liberal ideas on abortion, motherhood and abstinence only education.
The FRC wrongly attributed a quote to Professor Pillard which was actually a quote belonging to former Chief Justice Rehnquist.
The Family Research Council wrongly accuses Professor Pillard of broadly claiming that abstinence only education is unconstitutional, saying, “Pillard is so fiercely opposed to abstinence education that she has said publicly she would declare it unconstitutional.”
The FRC claimed that Professor Pillard has ‘extreme pro-abortion’ views when in fact Professor Pillard’s academic writing on abortion seeks ways to bridge the gap between abortion rights advocates and opponents by finding common ground for ways to reduce reliance on abortion.
On ABC News’ “This Week” yesterday, Republican Sen. Orrin Hatch of Utah claimed that he takes the “principled position” of voting against filibusters of judicial nominees:
And matter of fact, I continue to vote against filibusters with regard to judicial nominations because I think it's a principled position. I actually think the president, whoever the president may be ought to have the full choice of who they put on the bench.
And unless there's just some overwhelming reason why somebody should never be on the bench.
But on many pivotal votes to break GOP filibusters of President Obama’s federal judicial nominees, Sen. Hatch hasn’t voted “against” the filibuster. Instead, he’s made a habit of voting “present” or not voting at all. Because a motion to break a filibuster requires 60 affirmative “yes” votes to succeed, not voting or voting “present” in effect supports the continuation of the filibuster.
Hatch voted “present” on efforts to break Republican filibusters of Obama judicial nominees Caitlin Halligan, Goodwin Liu, Jack McConnell and Robert Bacharach. He did not vote at all in cloture votes on nominee Andrew Hurwitz and in the second cloture vote on Halligan.
These votes allow Hatch to say he didn’t support a filibuster, while in fact voting to do just that. And he certainly didn’t take a “principled position” to vote “against” his Republican colleagues’ obstruction.
The Senate Judiciary Committee today held a hearing for the first of President Obama’s three recent nominees to the DC Circuit Court of Appeals, attorney Patricia Ann Millett. Republican committee members, having no actual objections to Millett’s qualifications, used the opportunity to grandstand about what they see as the enormous injustice of a Democratic president nominating people to open seats on the federal judiciary.
Chief among the grandstanders, of course, was Sen. Ted Cruz of Texas, who spent most of his time telling Millett that Republican opposition to her nomination has nothing to do with her and has everything to do with President Obama’s supposed effort to “pack” the DC Circuit.
Very little of what he said had any basis in reality. He started out by claiming that the DC Circuit is currently “evenly divided” between Democratic and Republican nominees and that President Obama and Democrats are now trying to “pack the court” with Obama’s nominees:
Right now, the DC Circuit is evenly divided among active judges, with four Republicans and four Democrats. And you find yourself one of three nominees from the president. The president and senior Democrats on this committee have made clear that they want to pick a fight on the DC Circuit. They want to pick a fight on the DC Circuit, and unfortunately I believe part of this pressure, part of the effort of stopping qualified Republican nominees and then deciding to pick a fight now, is a desire to pack the court.
While it’s true that there are currently four Democratic nominees and four Republican nominees in active service on the court, Cruz obscures the fact that the court has an active backbench of six senior judges – five of whom are Republican nominees:
This imbalance exists because Republican presidents have nominated the bulk of DC Circuit judges in the past three decades -- 15 of the last 19 confirmed to the DC Circuit were nominated by Republicans. Far from “packing” the court, President Obama has had fewer judges confirmed to the DC Circuit than any of his four most recent predecessors.
Cruz continued, insisting that President Obama is trying to “pack” the court because it is “holding this administration accountable, and in particular, holding rule-making accountable that has been contrary to federal law”:
The DC Circuit has been a court that has been holding this administration accountable, and in particular, holding rule-making accountable that has been contrary to federal law. And I believe that there is an activist base that is pressuring the president, that has been pressuring senior Senate Democrats to get judicial nominees on the DC Circuit to protect the regulations coming from this administration. And I think any effort to pack the court because the administration doesn’t like the outcomes of judges applying the law fairly should be decried.
What Cruz is referring to is the fact that the D.C. Circuit is currently dominated by right-wing Republican nominees, who have delved into far-right legal theory to strike down common-sense protections for workers, consumers and voters – you can read about some of their most appalling decisions here. President Obama is not trying to “pack” the court to get the decisions that he wants, as Cruz alleges. Instead, he is using his mandate from American voters to pick judges who will restore some ideological balance to one of the farthest-right courts in the country.
Finally, Cruz declares that his objections to Millett have nothing to do with her “very fine professional qualifications” and instead have to do with too much “partisan politics” in judicial confirmations – partisan politics which he seems to have very little interest in putting aside.
Because I think partisan politics has driven this committee’s approach to the DC Circuit for over a decade. And I think that’s unfortunate, I would rather see a situation where able judges are confirmed irrespective of that. But it is not consistent with our responsibility to let one party prevent qualified judges from going to the court, and at the same time to enable packing the court to reach preferred outcomes. So I thank you for being here, and I think it’s regrettable, the overall context of this dispute, which as I said is irrespective of your very fine professional qualifications.
So, Cruz is refusing to support Millett, who he thinks is unquestionably qualified for the job, for purely political reasons… because he thinks the judicial nominations process has become too politicized.
In the wake of last week’s Supreme Court rulings on critical civil rights issues, a new poll finds increasing support for marriage equality and falling support for the high court itself.
A national Princeton Survey Research Associates poll found that 55 percent of Americans think that marriages of same-sex couples should be legally recognized – the highest level of support ever. A similar percentage (53 percent) believe that affirmative action programs are needed, and more Americans oppose the Supreme Court’s decision to strike down a key part of the Voting Rights Act (49 percent) than support it (40 percent). In other words, the American people are not on board with the Supreme Court turning back the clock on our civil rights.
So it is not surprising that Supreme Court approval ratings are falling. The Princeton poll found the lowest level of approval (43 percent) in eight years, with slightly more Americans disapproving of the way the court is doing its job (44 percent). Similarly, a Rasmussen poll released yesterday found that the percentage of likely voters who think the Supreme Court is doing a poor job is rising.
What is more surprising is that both polls show that a greater percentage of Americans still believe that the high court is “too liberal” than believe it is “too conservative.” As PFAW President Michael Keegan pointed out in May, this is no accident:
“In recent decades, right-wing leaders have worked in popular culture to attack the courts as a liberal peril while successfully organizing to dominate and control legal institutions to create courts that no longer look out for the rights of all Americans. They have set up law schools and legal societies to promote corporate and right-wing commitments, have promoted the appointment of reactionary judges and Justices, blocked the appointment of even moderate jurists, and defined a legal agenda that subordinates individual rights to government power and public regulation to corporate power. Right-wing success in remaking the judiciary in the image of the Republican Party has not led conservatives to curb their bitter attack on ‘liberal judicial activism,’ a fantasy that is several decades out of date but indispensable to this smoke-and-mirrors operation.”
While conservatives continue to crow about “liberal judicial activism,” the American people are realizing that the Supreme Court’s conservative rulings on issues like voting rights and the rights of workers and consumers do not reflect their beliefs or the nation’s core constitutional values.
Following the approval of House Joint Memorial 6 by a 17-13 vote in the Oregon Senate today, Oregon became the 16th state to call for an amendment to the Constitution overturning the 2010 Citizens United decision and related cases.
The passage of HJM6, first introduced in January by Representative Brian Clem, is the result of a grassroots mobilization effort by the people of Oregon. In 2012 alone, 12 Oregon cities and counties passed local resolutions urging state and federal legislators to call for a constitutional amendment taking back our democracy from corporations and special interests. The mobilization at the state level was led by Oregonians for Restoring Constitutional Democracy, a coalition that gathered signatures and endorsements in support of HJM6.
The joint memorial urges Congress to propose a constitutional amendment “clarifying the distinction between the rights of natural persons and the rights of corporations” and recognizing “that Congress and state legislatures may regulate all moneys raised and spent for political purposes.”
Rep. Jules Bailey, speaking to the Oregon House last week, urged his fellow representatives to support the measure, saying, “When we confuse the monolith with the individual, then a piece of our humanity dies. Let us ask Congress to undo this mistake.” The measure passed the House by a vote of 48-11 on June 21st before being sent to the Senate.
With each additional state joining the movement to overturn Citizens United and related decisions, the will of the American people becomes clearer. We will not let our elections be bought and sold. We will not let corporate power subvert the will of the people.
Peter LaBarbera of Americans for Truth about Homosexuality apparently had to spend quite some time stewing over the Supreme Court’s decision striking down the key provision of the Defense of Marriage Act, finally coming out today with a press release slamming the decision. The high court’s decision, LaBarbera writes, “continues America’s godless trajectory toward sexual and gender chaos” and helps to make us “a Profane Nation at war with our own heritage.”
He saves his special vitriol for Justice Anthony Kennedy, author of the DOMA opinion, whom he predicts “will go down in history as one more craven elitist who sold out Almighty God for a place in the Gay Hall of Fame.”
Yesterday’s decisions by the U.S. Supreme Court striking down Section 3 of the Defense of Marriage Act (DOMA) and effectively invalidating Californians’ vote to preserve marriage as between a man and a woman — continues America’s godless trajectory toward sexual and gender chaos. We have become a Profane Nation at war with our own heritage and the Judeo-Christian moral values that helped make us great.
Healthy societies discriminate against sexually immoral behavior: homosexuality, sex outside marriage, pornography, incest, etc. This benefits children and adults by using the law to reinforce stable moral boundaries and steer citizens away from destructive (sinful) behaviors. So it was stunning to read the majority decision by Justice Anthony Kennedy – a Reagan appointee – overturning DOMA’s pro-natural-marriage provision in the name of the children.
Kennedy surely has earned his future laudatory obit in the New York Times for capitulating to “gay” activist ideology — but among clear-thinking Americans who still know right from wrong he will go down in history as one more craven elitist who sold out Almighty God for a place in the Gay Hall of Fame.
The Kennedy majority’s legal insanity is what emerges from an Isaiah 5:20 culture (evil is good and good evil) that puts deviant sexual identities on a pedestal, to be celebrated as protected “civil rights.” The LGBT Pandora’s Box has been flung open, and there will be much more folly and destruction to follow — including the public policy madness of establishing “gender identity” (read: extreme gender confusion) as a parallel “civil right.”
At least the Supreme Court did not create a national “right” to homosexual “marriage.” But we must be vigilant, as future LGBT litigation, coupled with the appalling self-righteousness of Kennedy’s liberal court majority, will combine to make this the next goal of the judicial supremacists.
LaBarbera also discussed the DOMA decision on VCY America’s Crosstalk yesterday. He attacked President Obama’s statement praising the Supreme Court’s decision, calling it an example of “radical egalitarianism,” and warned that marriage equality will now be “foisted” upon children which is “not good for their hearts and souls.”
The other thing that strikes me, Jim, is the radical egalitarianism of that statement. You know, this idea of homosexual love, homosexual unions are equal to marital unions, it’s not all equal. A marriage between a man and a woman produces children, it’s the very foundation of human civilization. And the idea that two men or two women is somehow ‘equal’ to that is a liberal falsehood. And I’m worried that it’s going to be foisted by necessity now upon children, especially in the states that have so-called homosexual marriage, they will be taught that same-sex so-called marriage is equal to the real thing, and that’s not good for their hearts and souls.
It's been a week of mixed emotions for those of us who care about civil rights. There was the elation today when the Supreme Court overturned the so-called Defense of Marriage Act -- the discriminatory law that has hurt so many Americans in its nearly 17 years of existence -- and let marriage equality return to California. There was the anger when the Court twisted the law to make it harder for workers and consumers to take on big corporations. And there was the disbelief and outrage when the Court declared that a key part of the Voting Rights Act that was so important and had worked so well was now somehow no longer constitutional.
But throughout the week, I have been reminded of one thing: how grateful I am that Mitt Romney will not be picking the next Supreme Court justice.
It remains true that this Supreme Court is one of the most right-leaning in American history. The majority's head-in-the-sand decision on the Voting Rights Act -- declaring that the VRA isn't needed anymore because it's working so well -- was a stark reminder of why we need to elect presidents who will nominate Supreme Court justices who understand both the text and history of the Constitution and the way it affects real people's lives.
We were reminded of this again today when all the conservative justices except for Anthony Kennedy stood behind the clearly unconstitutional DOMA. Justice Antonin Scalia -- no stranger to anti-gay rhetoric -- wrote an apoplectic rant of a dissent denying the Court's clear role in preserving equal protection. If there had been one more far-right justice on the court, Scalia's dissent could have been the majority opinion.
Just think of how different this week would have been if Sonia Sotomayor and Elena Kagan were not on the court and if John McCain had picked two justices instead. We almost certainly wouldn't have a strong affirmation of LGBT equality. Efforts to strip people of color of their voting rights would likely have stood with fewer justices in dissent. And the rights of workers and consumers could be in even greater peril.
As the Republican party moves further and further to the right, it is trying to take the courts with it. This week, we saw what that means in practice. As we move forward to urge Congress to fix the Voting Rights Act and reinforce protections for workers and consumers, and work to make sure that marriage equality is recognized in all states, we must always remember the courts. Elections have real consequences. These Supreme Court decisions had less to do with evolving legal theory than with who appointed the justices. Whether historically good or disastrous, all these decisions were decided by just one vote. In 2016, let's not forget what happened this week.
The Supreme Court today ruled that the core section of the so-called Defense of Marriage Act violates the Constitution’s guarantee of equal protection under the law. DOMA’s Section 3, which the Court vacated, prevented the federal government from recognizing same-sex marriages performed in the states, thereby hitting legally married gay and lesbian couples with extra taxes and depriving them of a slew of federal protections.
People For the American Way Foundation president Michael Keegan said of the Supreme Court’s ruling: “Today’s DOMA ruling is a profound step forward for loving, committed same-sex couples across the country. The decision is premised on the plain fact that there is no good reason for the government to recognize some legally married couples while discriminating against others.”
PFAW launched a campaign to “Dump DOMA” in 2008. Since then, our petition calling on Congress to repeal the discriminatory law has gathered 230,000 signatures.
But the effort to overturn DOMA is not over. While Section 3 was the law’s most damaging provision, DOMA’s Section 2, which says that states don’t have to recognize same-sex marriages performed in other states, still stands. We will continue to work to overturn the remainder of DOMA and ensure that all gay and lesbian Americans have the right to marriage, no matter which state they make their home.
While our work continues, today’s decision represents a historic turning point for equality. DOMA will no longer tear apart binational couples. It will no longer impose a “gay tax” on legally married same-sex couples. It will no longer deny benefits to same-sex spouses of federal employees. It will no longer deny gay and lesbian veterans benefits for their spouses.
The story of Edith Windsor, the plaintiff who brought DOMA to the Supreme Court, and Thea Spyer, her late wife and partner of 40 years, illustrates what this decision will mean to so many Americans:
WASHINGTON – In response to the Supreme Court’s decision today in Shelby County v. Holder, People For the American Way Foundation President Michael Keegan released the following statement:
“As the Supreme Court swerves further to the right, our constitutional liberties continue to take a beating. Today, the Supreme Court seriously undermined an important piece of the premier civil rights legislation of the past century – legislation that civil rights heroes gave their lives for. This decision sends a chilling message to all those Americans who continue to face politically-motivated hurdles on their way to the ballot box.
“In his confirmation hearings, Chief Justice John Roberts pledged to behave like an umpire—just calling balls and strikes, and staying out of the game. Today that umpire upended decades of civil rights law. His decision substitutes his own opinions for the findings of America’s elected representatives in Congress, who found numerous cases of ongoing, racially-based political gerrymandering and trickery. Moreover, it does so in an area in which the Constitution specifically and intentionally gives Congress wide discretion. Reauthorization of the Voting Rights Act received near unanimous support in both houses of Congress just a few years ago, and was signed into law by President Bush. Today’s decision is a blatantly inappropriate exercise in legislating from the bench. Conservatives who have spent decades decrying judicial activism should take note.
“In two separate cases yesterday, Justice Ginsburg called on Congress to fix the damage done by decisions handed down by our nation’s highest court. That need is even greater today. Congress should move quickly to enact a coverage formula under Section 4 to protect voters whose right to participate in our democracy was badly undermined today. The American people deserve no less.”
Today Senators Tom Udall [NM] and Jon Tester [MT] introduced amendment resolutions in the United States Senate that would overturn the Supreme Court’s ruling in Citizens United v. FEC (2010). Leaders from state and national organizations applauded the efforts of these US Senators as well as other members of the 113th Congress who are responding to the will of the American people by introducing and co-sponsoring amendments to the US Constitution.
The group includes leaders from the 15 state across the country that have already passed resolutions or initiatives putting their states on record calling for an amendment to overturn Citizens United and related cases.
“We applaud the leadership of Senator Tom Udall and others in Congress who understand that we must now amend the US Constitution to undo the Supreme Court’s disastrous decisions in Citizens United, in Buckley v. Valeo, and in related cases… For the sake of our democratic future, we must end corporate rule over our political process and enact meaningful election reform in America,” said Mimi Stewart, New Mexico State Representative and lead sponsor of the NM amendment resolution.
"Last month, I was proud to co-sponsor S.J.R. 27, a resolution calling for an amendment to the U.S. Constitution to get money out of politics and overturn the Citizens United ruling. The values expressed in that resolution, which passed with bipartisan support, are reflected in the amendments introduced by Senators Udall and Tester," said Barbara Flynn Currie, Illinois House Majority Leader.
“In my district there has been overwhelming support for reversing the Citizens United ruling. Last November 74% of Kane County residents voted in favor of a public advisory to reverse the ruling. I’m proud to represent my constituents and their views in Springfield,” said Karen McConnaughay, Illinois State Senator and lead co-sponsor of the IL amendment resolution.
“California’s Legislature is on record as opposing the Supreme Court’s misguided Citizens United ruling and I strongly support attempts by Congress to protect the integrity of our legislative and electoral processes. Congress must act to tip the scales away from the powerful corporate interests and back to the people,” said Bob Wieckowski, California Assemblymember and lead sponsor of the CA amendment resolution.
“The state of Montana has spoken loud and clear on the need for such an amendment, and the time has come for the rest of Montana’s congressional delegation to listen to our voices and go on record in support,” said C.B. Pearson, Stand with Montanans Treasurer.
"The U.S. Constitution belongs to the American people, and in our history we have many times had to amend it to respond to the antics of a conservative Supreme Court playing politics with our most precious document … I am urging the Maryland congressional delegation to join the campaign to reverse the Roberts Court and restore basic democratic and popular meanings to the Constitution," said Jamie Raskin, Maryland State Senator, Majority Whip.
"It is great that more members of Congress are waking up and moving the issue forward. We applaud those in Congress who understand the need for a constitutional change to undo the Court's grave mistake," said Anthony Pollina, Vermont State Senator and lead sponsor of the VT amendment resolution.
"When it comes down to democracy or big, corporate money, Vermonters definitely vote for democracy. Vermonters at 64 town meetings called for an amendment and the Vermont Legislature passed a resolution calling on the Court to reverse the decision last year," said Vermont State Senator and lead sponsor of the VT amendment resolution Virginia "Ginny" Lyons.
“We must now amend the U.S. Constitution to undo disastrous Supreme Court’s decisions that have allowed money to swamp our elections and diminish the voices of everyday people… we must enact meaningful federal election reform that places voters, not wealthy campaign donors and special interests, first in our government,” said Andrew Bossie, Executive Director of Maine Citizens for Clean Elections.
“Americans’ voices are being drowned out by huge corporations and wealthy special interests. We are heartened that these senators understand the need for a constitutional amendment to take our democracy out of the hands of corporations and wealthy special interests put it back into the hands of everyday people, where it belongs,” said Marge Baker, Executive Vice President for Policy and Program of People For the American Way.
"We applaud Senators Jon Tester and Tom Udall for their outstanding leadership in introducing today their constitutional amendment bills to reclaim our democracy. We must reverse Citizens United and ensure that people, not corporations, govern in America and that the nation lives up to its fundamental promise of political equality for all. Senator Tester’s sponsorship of the People’s Rights Amendment and Senator Udall’s re-introduction of his amendment bill on campaign spending represent significant political developments for our movement. They reflect the growing support across the country for overturning Citizens United and restoring democracy to the people,” said John Bonifaz, Executive Director of Free Speech For People.
“The American people are refusing to accept the corporate takeover of our politics and country. Fifteen states and the District of Columbia have called for a constitutional amendment to restore our democracy, as have nearly 500 cities and towns across the country. Now come U.S. Senators Tom Udall (D-N.M.) and Jon Tester (D-Mont.) to supercharge the momentum for constitutional reform,” said Robert Weissman, President of Public Citizen.
“Our country has lived with the disastrous consequences of Citizens United for over three years now. Americans have had enough. Millions of Americans have registered their anger by filing voter instruction resolutions to overturn Citizens United at the ballot box, in town halls and in state capitols across the country. We applaud Senators Tester and Udall for taking seriously the voter instruction ballot measure that passed in Montana by 75% and a resolution that passed both chambers of the New Mexico state legislature. We look forward to working with Senators Tester and Udall and other members of the House and Senate as we work in every state to support a constitutional amendment to combat the flood of money unleashed by the Citizens United decision,” said Karen Hobert Flynn, Common Cause Senior Vice President for Strategy & Programs.
“To date, 15 states and nearly 500 municipalities have called upon Congress to overturn Citizens United and related cases by amending the Constitution. The introduction of these two joint resolutions today takes that call seriously and moves us two steps closer to ensuring that in our democracy the size of your wallet does not determine the volume of your voice,” said Blair Bowie, Democracy Advocate of U.S. Public Interest Research Group.