July 2011

  • July 22, 2011

    by Nicole Flatow

    The Senate Judiciary Committee approved five more judicial nominees yesterday, all by voice vote without opposition, adding to the list of 26 nominees awaiting approval by the full Senate.

    But the Senate is not keeping pace with the Judiciary Committee; they have held votes on only four nominees in the past two months, while the number of vacancies is once again rising.

    There are now 115 current and future federal court vacancies -- more than the 114 that existed at the beginning of the year, when senators came to a “gentleman’s agreement” to end obstruction of judicial nominations.

    “I’d been fairly optimistic about the compromise that Senators struck at the beginning of the 112th Congress in January, in which Republicans agreed to ease up on obstruction in exchange for Democratic agreement to leave formal rules surrounding filibusters and cloture alone,” Jonathan Bernstein wrote in The Washington Post last week. “It appears, however, that the deal has now broken down.”

    Bernstein points out that getting judges confirmed “doesn’t get any easier when the election gets closer; it’s time for action on judges right now.”

    ACS Executive Director Caroline Fredrickson said earlier this week that senators are now using the deficit reduction negotiations as another excuse not to confirm any nominees.

    “Republicans are playing politics with the nation’s financial obligations, while at the same time kicking other responsibilities down the road,” Fredrickson said. “The rising federal court vacancies are not going to solve themselves. Judges need to be confirmed, and the Republican opposition seems immovable.”  

    While the Senate Judiciary Committee has been consistently moving nominees forward, one nominee, Steve Six, was held over today. Six’s nomination to the U.S. Court of Appeals for the Tenth Circuit has been opposed by both his home-state senators, but he has received strong support from a bipartisan group of more than two dozen attorneys general, and by former Tenth Circuit Chief Judge Deanell Reece Tacha, who left the court to become dean at Pepperdine University School of Law.

    To learn more about the judicial vacancy crisis and follow developments, visit JudicialNominations.org.

  • July 22, 2011

    Republican National Committee Chairman Reince Priebus is questioning the legality of a video associated with a raffle to raise money for President Obama’s reelection campaign, Politico reports.

    Priebus suggests in a letter to Attorney General Eric Holder that Obama may have violated the Hatch Act by allegedly filming the video in the White House’s Map Room.

    But Richard Painter, who was chief ethics lawyer under President George W. Bush, is calling the letter “an embarrassment to the Republican Party, of which I count myself a part.”

    “The small donors get nothing in return for their donation except a chance to support a candidate they believe in — until this raffle,” Painter tells Politico. “Now they get a raffle ticket entitling them [to] a very small chance of getting the type of meeting that a big donor has for the asking. To call this a crime yet ignore the larger problem is absurd. Writing this kind of letter — after standing in the way of campaign finance reform — is laughable.”

    In a related blog post, Painter adds to his analysis, noting that while “there are serious problems with political activity in the White House,” none of them are raised by this letter.

    He writes:

    The question I have for the author of this letter, and for everyone else in a position of responsibility in this government, is what measures do you support that will put ordinary citizens on the same footing as big donors? A raffle is not one of them, but neither is an absurd criminal investigation of a raffle while politicians auction off public policy to the highest bidder.

  • July 22, 2011

    by Nicole Flatow

    A constitutional amendment to balance the nation’s budget is set to be considered by the House of Representatives next week, and its chances for passage appear low. “But the fact that so many House members support the amendment is alarming," writes former Acting Solicitor General Walter Dellinger in The New York Times. "[I]f it were to become law, it would do grave harm to our constitutional system, because the process for enforcing it would be uncertain and perilous."

    Dellinger, a partner at O’Melveny & Myers and a member of the American Constitution Society’s Board of Advisors, explains in an op-ed that an amendment mandating that “[t]otal outlays for any fiscal year shall not exceed total receipts for that fiscal year” places an “empty promise” in our Constitution and could have a “very corrosive effect.”  

    Because of the many implementation and enforcement questions raised by a balanced budget amendment, the entire budget process is likely to end up in court, Dellinger suggests, particularly given that new versions of the amendment “clearly contemplate judicial involvement and even provide that members of Congress can bring lawsuits to enforce the limits.”

    “Allowing federal judges to make fundamental decisions about spending whenever outlays threatened to exceed receipts would be an extraordinary expansion of judicial authority,” Dellinger writes.

    Even conservative constitutional scholar Robert H. Bork has warned that such an amendment would result in “hundreds, if not thousands, of lawsuits around the country, many of them on inconsistent theories and providing inconsistent results.”

    On the other hand, if courts declined to get involved in the budget process, "it would render the amendment unenforceable," Dellinger notes.

    It would be wonderful if we could declare that from this day forward the air would be clean, our children well educated and the budget forever in balance. But merely putting such things in the Constitution — as some foreign governments have done — would not make them happen.

  • July 21, 2011
    Video Interview

    by Jeremy Leaming

    Earlier today the House Education & the Workforce Committee approved a bill aimed at limiting the ability of the National Labor Relations Board (NLRB) to enforce federal law protecting workers’ rights.

    As noted here, the House measure is being pushed by right-wing policymakers bent on punishing the NLRB for its complaint against Boeing Corp., which alleges that the giant aerospace company moved jobs from its Washington State facility to punish workers there for striking, an activity protected by federal law.

    On the state level, governors in Wisconsin, Michigan and Ohio have enacted laws greatly undermining the ability of public sector workers to engage in activity to protect their rights. Kerry Korpi, director of research and collective bargaining services for AFSCME, talked with ACSblog about the Right’s efforts to advance corporate interests, while hobbling the rights of workers.

    The governors of those states say they are facing out-of-control deficits and therefore public sector workers’ benefits and rights must be slashed. Korpi said that’s a smokescreen for an ideological agenda.

    “There are budget problems in all of these states,” Korpi said. “All the governors you mention are making them worse by cutting taxes further on corporations and the rich, and then using that as justification for cutting middle-class jobs, cutting programs to the elderly and the poor. In Wisconsin, for example, Scott Walker said he had to cut collective bargaining rights to get costs in control … he wanted to increase our members’ contributions to pensions and health insurance. Our union there agreed to both of these things, but we are not going to give up our right to bargain, and he said ‘thanks, but no thanks;’ he has not sat down with us once.

    “So it is not about the budget,” Korpi continued. “It’s about an ideological effort to get rid of folks who oppose them. And it’s not just unions they are going after, it’s young voters, it’s minority voters, it’s an effort to crystallize power in a way that other people can never take it back again.”

    Watch Korpi’s full interview below or by visiting blip.tv here. The interview is also available as a video podcast.

  • July 21, 2011
    Guest Post

    By Mary Kelly Persyn, Associate, Ramsey & Ehrlich


    On July 19, first lady Michelle Obama announced the launch of the California FreshWorks Fund, a $200 million public-private partnership to provide financing to food retailers and distributors willing to locate in food deserts.  Spearheaded by The California Endowment (“TCE”), a private, statewide foundation with a public-health mission that it interprets increasingly broadly, the Fund pulls together an impressive array of banks, philanthropies, industry players, government agencies, and investors under the umbrella of healthy food.

    Why food, and why now?  Food deserts -- areas without access to healthy, fresh food, namely grocery stores, but usually with abundant access to unhealthy fast food -- are disturbingly common attributes of lower-income neighborhoods.  Across California, four million people live in food deserts, which correlate with higher rates of obesity, heart disease, high blood pressure, and diabetes than areas with grocery stores. I’ve written previously in this space about the unhappy cohabitation of racially isolated poverty and diminished access to healthy food.  And we can little afford such poor healthy food access now, when our nation faces a tsunami of obesity and its attendant costs in health care and economic productivity.  As TCE Director of Community Health Marion Standish and I wrote here last week, the increasing rate of childhood obesity threatens to wreak even more havoc in future years as obese children become obese adults.  And we know that access to healthy food decreases the risk of obesity.