Newt Gingrich

  • December 19, 2011

    by Jeremy Leaming

    Newt Gingrich’s outlandish commentary on so-called radical judges is garnering, rightfully so, plenty of attention, but as American University Law Professor Jamie Raskin writes in this piece for The Huffington Post, there are other Republican presidential candidates, whose positions on the judiciary are just as worrisome.

    Raskin, also a Maryland State senator, noted that Gingrich’s “outbursts against judicial independence” have raised the hackles of a number of prominent conservatives. And one can see why he says. During the last GOP debate, Gingrich’s comments about the judicial branch, Raskin says, “were divorced from reality and indeed comical for a self-proclaimed ‘historian.’ He called the courts ‘grotesquely dictatorial, far too powerful, and … arrogant in their misreading of the American people.’”

    In particular Gingrich claimed he was seriously peeved over the federal appeals court opinion that found constitutionally suspect the practice of reciting in public schools the Pledge of Allegiance, which was made religious during the Eisenhower administration with the assertion of the words “under God.” That decision, as Raskin notes, was later reversed by the U.S. Supreme Court. Nonetheless, Gingrich bandied about that federal appeals court opinion, along with a few others, to blast the federal courts and claim that if he were president he’d take action to reign judges in. (On a CBS’s “Face the Nation,” Gingrich said there is “no reason the American people need to tolerate a judge that is out of touch with American culture,” and that if he were president he’d order federal Marshalls to arrest such judges.)

    But Raskin warns that voters who care about an independent judiciary should not be lulled into believing that Mitt Romney is any better on the matter.  

    Raskin points out that “Romney’s new constitutional advisor is none other than former Judge Robert Bork, an astounding selection to head up the Governor’s legal and constitutional affairs advisory team. Bork is a fiercely pro-corporate, anti-voting rights, anti-choice, anti-feminist, pro-censorship, anti-gay, anti-free speech, anti-separation of church and state, and evolution-denying ideologue who has described the 9th Amendment to the Constitution defending the rights of the people as ‘an inkblot’ and called for allowing Supreme Court constitutional decisions to be overturned by majority vote in Congress as well as a constitutional amendment to deny gay people the right to marry.”

  • December 15, 2011

    by Nicole Flatow

    Former George W. Bush attorneys general Michael Mukasey and Alberto Gonzales are expressing alarm over Republican presidential primary candidate Newt Gingrich’s latest proposal to eviscerate the power of the courts, Fox News reports.

    Mukasey calls some of the ideas in Gingrich’s position paper “dangerous, ridiculous, totally irresponsible, outrageous, off-the-wall and would reduce the entire judicial system to a spectacle," and Gonzales takes particular aim at the suggestion that Congress subpoena judges after controversial rulings, saying, “I cannot support and would not support efforts that would appear to be intimidation or retaliation against judges." 

    In his 28-page paper, "Bringing the Courts Back Under the Constitution," Gingrich suggests a number of radical ways in which the legislative and executive branches should rein in “lawless judges,” including by eliminating courts they don’t like, limiting the scope of decisions those courts can make, and simply ignoring Supreme Court decisions.

    On Gingrich’s suggestion that the entire U.S. Court of Appeals for the Ninth Circuit be eliminated, Mukasey says, “The fact is the Constitution empowers the Supreme Court to establish lower federal courts. Presumably it can undo lower federal courts. But to say that you are going to undo an entire court -- simply because you don't like some of their decisions -- when there are thousands of cases before that court is totally irresponsible."

    Mukasey and Gonzales echo the concerns of several other commentators, who have expressed particular alarm over Gingrich’s attack on the landmark decision Cooper v. Aaron, in which all nine members of the Supreme Court affirmed a court order calling for desegregation. 

    “If he had his way, a Supreme Court that ordered an end to racist segregation policies would become a puppet of the political branches,” The New York Times editorial board asserts.

    In her New York Times Opinionator column, American Constitution Society Board Member Linda Greenhouse calls “truly head-spinning” the “tenuous hold that this screed, from a onetime history professor, has on American history.”  She continues:

  • December 13, 2011

    by Jeremy Leaming

    In late October, Texas Gov. Rick Perry, and Republican presidential hopeful, unveiled tax policy that despite the already historically low tax breaks for the nation’s wealthiest would advance even more tax benefits for that tiny, but politically powerful, group. As reported by TPM’s Brain Beutler, Newt Gingrich’s tax policy, reviewed by the Tax Policy Center, continues the Republican Party presidential candidates’ formula of advancing tax policy geared to coddling the super wealthy.

    As Beutler writes, “And like all the plans that came before it, Gingrich’s constitutes a massive tax cut for the rich. Indeed, no matter how you stack the numbers, Gingrich wants a tax system that permanently holds tax rates on the highest earners lower than the tax rates on the middle class."

    With study after study showing the decline of the nation’s middle class and sharp increase in poverty, the GOP presidential candidates are either oblivious to the research or are collectively shrugging their shoulders. It was Fox’s Britt Hume who said earlier this year of growing economic inequality, “who cares?”

    The Tax Policy Center, Beutler notes in conclusion, would drastically “reduce federal revenues.” Groups, such as Grover Norquist’s Americans for Tax Reform, have advocated this type of policy for years – that is starve the federal government of revenues, so policies intended to help the less fortunate dwindle. The group’s mission, as noted on its website, is directed at shrinking what it sees as an unwieldy federal government. “The government’s power,” the group’s mission statement reads, “to control one’s life derives from its power to tax. We believe that power should be minimized.”    

    The Republican Party, as Tim Dickinson explores in this piece for Rolling Stone, has evolved to become a movement beholden to the nation’s wealthiest.

    Dickinson writes, “Today’s Republican Party may revere Reagan as the patron saint of low taxation. But the party of Reagan – which understood that higher taxes on the rich are sometime required to cure ruinous deficits – is dead and gone. Instead, the modern GOP has undergone a radical transformation, reorganizing itself around a grotesque proposition: that the wealthy should grow wealthier still, whatever the consequences for the rest of us.”

    Earlier this month in Osawatomie, Kan., President Obama echoed some of the concerns that the Occupy Wall Street protestors have brought, in dramatic fashion, to the fore in recent months, when he decried economic policies that have damaged the middle class while benefiting a tiny few.

    “Look at the statistics,” the president said. “In the last few decades, the average income of the top 1 percent has gone up by more than 250 percent to $1.2 million per year. I’m not talking about millionaires, people who have a million dollars. I’m saying people who make a million dollars every single year. For the top one hundredth of 1 percent, the average income is now $27 million per year. The typical CEO who used to earn about 30 times more than his or her worker now earns 110 times more. And yet, over the last decade the incomes of most Americans have actually fallen by about 6 percent.”

    In a Dec. 11 column for the Chicago Tribune, Geoffrey R. Stone, a distinguished law professor at the University of Chicago Law School, and an ACS Board member, called Obama’s speech “groundbreaking,” for likely speaking to whom he dubbed “The Concerned Majority.”

  • November 19, 2010
    The vote resulting in the ouster of three Iowa Supreme Court justices for their involvement in a 2009 decision that permitted same-sex marriages in the state was a major victory for people concerned about an allegedly out-of-control judiciary according to a couple of conservative politicians who are said to be eyeing runs for the White House in 2012.

    Former Arkansas Governor Mike Huckabee (pictured), who sought the Republican presidential nomination in 2008, told a Christian radio station host that Iowans were "sick of one branch of government thinking it is more powerful than the other two put together," The Iowa Independent reports. Huckabee also said, "A president has certainly got to respect a ruling of a court, but if a ruling of the court is wrong, and you have two branches of government that determine that it's wrong, then those other two branches supersede the one."

    During a book-signing in Iowa, Newt Gingrich, former speaker of the U.S. House of Representatives, and also touted as a potential Republican contender for the presidency, said the remaining Iowa Supreme Court justices should resign, a Des Moines Register blog reported. "I mean it's clear if they had been on the ballot, they'd have been repealed," Gingrich said.

    The Iowa Independent also reported that five out-of-state organizations spent $948,355 in the state to oust the judges. The campaign to remove the judges was led, the Independent noted, by a Christian lobbying group, the American Family Association.

    During an ACS event earlier this week on the process of selecting judges, American Bar Association President-elect Wm. T. (Bill) Robinson said the constitutional principle of separation of powers is "under assault," and cited the vote in Iowa. He said the vote against the judges was done "in retaliation for a politically controversial ruling." Robinson said the losers will be citizens who are denied access to fair and impartial courts.

    [image via Gage Skidmore]