!! History Commons Alert, Exciting News

Context of 'May 27, 2009: Supreme Court Nominee’s Remarks on Ethnic Influence Similar to Those of Conservative Nominee in 2006'

This is a scalable context timeline. It contains events related to the event May 27, 2009: Supreme Court Nominee’s Remarks on Ethnic Influence Similar to Those of Conservative Nominee in 2006. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

Headline from the New York Times regarding the ‘Roe’ decision.Headline from the New York Times regarding the ‘Roe’ decision. [Source: RubeReality (.com)]The US Supreme Court, in a 7-2 decision, legalizes abortion on a federal level in the landmark case of Roe v. Wade. The majority opinion is written by Justice Harry Blackmun; he is joined by Chief Justice Warren Burger and Justices William O. Douglas, William Brennan, Potter Stewart, Thurgood Marshall, and Lewis Powell. Justices Byron “Whizzer” White and William Rehnquist dissent from the opinion. Blackmun’s majority opinion finds that the 14th Amendment’s guarantees of personal liberty and previous decisions protecting privacy in family matters include a woman’s right to terminate her pregnancy. White’s dissent argues that the Court has “fashion[ed] and announce[d] a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invest[ed] that right with sufficient substance to override most existing state abortion statutes.” The decision does not make abortion freely available to women in any stage of pregnancy. It places the following constraints:
bullet No restrictions on availability are made during the first trimester (three months) of a woman’s pregnancy.
bullet Because of increased risks to a woman’s health during the second trimester, the state may regulate the abortion procedure only “in ways that are reasonably related to maternal health.”
bullet In the third and final trimester, since the rate of viability (live birth) is markedly greater than in the first two trimesters, the state can restrict or even prohibit abortions as it chooses, “except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.”
Originally brought to challenge a Texas law prohibiting abortions, the decision disallows a host of state and federal restrictions on abortion, and sparks an enormous controversy over the moral, religious, and legal viability of abortion that continues well into the 21st century. [ROE v. WADE, 410 US 113 (1973), 1/22/1973; CNN, 1/22/2003; National Abortion Federation, 2010] In a related case, Roe v. Bolton, the Court strikes down restrictions on facilities that can be used to provide abortions. The ruling leads to the establishment of so-called “abortion clinics.” [CBS News, 4/19/2007]

Entity Tags: Potter Stewart, Byron White, Lewis Powell, Harry Blackmun, William Rehnquist, US Supreme Court, William O. Douglas, Warren Burger, William Brennan, Thurgood Marshall

Timeline Tags: US Health Care, Civil Liberties

Edwin Meese.Edwin Meese. [Source: GQ (.com)]Attorney General Edwin Meese receives a report, “Separation of Powers: Legislative-Executive Relations.” Meese had commissioned the report from the Justice Department’s Domestic Policy Committee, an internal “think tank” staffed with hardline conservative scholars and policy advisers.
Recommendations for Restoring, Expanding Executive Power - The Meese report approvingly notes that “the strong leadership of President Reagan seems clearly to have ended the congressional resurgence of the 1970s.” It lays out recommendations for restoring the power taken from the executive branch after Watergate and Vietnam, and adding new powers besides. It recommends that the White House refuse to enforce laws and statutes that “unconstitutionally encroach upon the executive branch,” and for Reagan to veto more legislation and to use “signing statements” to state the White House’s position on newly passed laws. It also assails the 1972 War Powers Resolution and other laws that limit presidential power.
Reinterpreting the Separation of Powers and the Concept of 'Checks and Balances' - Perhaps most importantly, the Meese report claims that for 200 years, courts and scholars alike have misunderstood and misinterpreted the Founders’ intentions in positing the “separation of powers” system (see 1787 and 1793). The belief that the Constitution mandates three separate, co-equal branches of government—executive, judicial, and legislative—who wield overlapping areas of authority and work to keep each of the other branches from usurping too much power—a concept taught in school as “checks and balances”—is wrong, the report asserts. Instead, each branch has separate and independent sets of powers, and none of the three branches may tread or encroach on the others’ area of responsibility and authority. “The only ‘sharing of power’ is the sharing of the sum of all national government power,” the report claims. “But that is not joint shared, it is explicitly divided among the three branches.” According to the report, the White House should exercise total and unchallenged control of the executive branch, which, as reporter and author Charlie Savage will later explain, “could be conceived of as a unitary being with the president as its brain.” The concept of “checks and balances” is nothing more than an unconstitutional attempt by Congress to encroach on the rightful power of the executive. This theory of presidential function will soon be dubbed the “unitary executive theory,” a title adapted from a passage by Alexander Hamilton in the Federalist Papers. [Savage, 2007, pp. 47-48] Charles Fried, Reagan’s solicitor general during the second term, will later write that though the unitary executive theory displays “perfect logic” and a “beautiful symmetry,” it is difficult to defend, because it “is not literally compelled by the words of the Constitution. Nor did the framers’ intent compel this view.” [Savage, 2007, pp. 50]

Entity Tags: Charles Fried, Reagan administration, Domestic Policy Committee, US Department of Justice, Ronald Reagan, Edwin Meese, Charlie Savage

Timeline Tags: Civil Liberties

Clarence Thomas survives the Senate hearings to join the Supreme Court.Clarence Thomas survives the Senate hearings to join the Supreme Court. [Source: PBS]The full Senate votes to confirm Clarence Thomas (see July 2-August 28, 1991, October 8, 1991, and October 11-12, 1991) on a 52-48 vote, the lowest margin of victory by any Supreme Court nominee in US history. It is possible that some senators’ votes are influenced by a wash of “fast-action” polls reported by the White House, purporting to show that African-Americans overwhelmingly support Thomas, and a majority of citizens support Thomas’s confirmation. A year later, analysis proves those polls to be completely wrong. [Thomas Hearings Website, 8/1997; Dean, 2007, pp. 146-153] In 1992, Senator Joseph Biden (D-DE), a member of the Senate Judiciary Committee, will say: “That last hearing was not about Clarence Thomas. It was not about Anita Hill. It was about a massive power struggle going on in this country, a power struggle between women and men, and a power struggle between minoritites and the majority.” [Thomas Hearings Website, 8/1997]

Entity Tags: US Supreme Court, Joseph Biden, Bush administration (41), Clarence Thomas, Senate Judiciary Committee

Timeline Tags: Civil Liberties

Appeals Court Judge Sonia Sotomayor delivers a lecture at the University of California at Berkeley School of Law. Sotomayor, whose parents are Puerto Rican, speaks on the subject of Hispanics in the judiciary and her own experience as a Latina (Hispanic woman) jurist. After noting the tremendous cultural and ethnic diversity among Hispanics, and citing the ascension of increasing numbers of Hispanics and women to the judiciary, Sotomayor addresses the issue of judges acting without regard for their ethnic heritage or gender. “[J]udges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law,” she says, and notes that while she tries to aspire to that goal: “I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. Whatever the reasons why we may have different perspectives, either as some theorists suggest because of our cultural experiences or as others postulate because we have basic differences in logic and reasoning, are in many respects a small part of a larger practical question we as women and minority judges in society in general must address. I accept the thesis… that in any group of human beings there is a diversity of opinion because there is both a diversity of experiences and of thought.… I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that—it’s an aspiration because it denies the fact that we are by our experiences making different choices than others.” She adds: “Justice [Sandra Day] O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases.… I am also not so sure that I agree with the statement. First… there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life. Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I… believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable.… However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench.” [National Council of La Raza Law Journal, 10/2001; ABC News, 10/26/2001 pdf file; New York Times, 5/14/2009] After Sotomayor is nominated to the Supreme Court (see May 26, 2009), many critics will use this speech to accuse her of racism (see May 26, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, and June 3, 2009).

Entity Tags: University of California at Berkeley School of Law, Sonia Sotomayor, US Supreme Court

Timeline Tags: Civil Liberties

Wisconsin Right to Life logo.Wisconsin Right to Life logo. [Source: Dane101 (.com)]After the passage of the Bipartisan Campaign Reform Act of 2002 (BCRA—see March 27, 2002), also known as the McCain-Feingold law after its original sponsors, and the 2003 McConnell Supreme Court decision that upheld the law (see December 10, 2003), corporations and labor unions are prohibited from airing ads that attack candidates but avoid specific language that turns the ads from general commercials into “campaign” ads within 30 days of a primary election or 60 days of a federal election. Wisconsin Right to Life (WRTL) comes to anti-abortion and anti-campaign finance lawyer James Bopp Jr. (see November 1980 and After) with a dilemma. The WRTL wants to run ads attacking Senator Russ Feingold (D-WI), a powerful advocate of abortion rights, for his record of opposing President Bush’s judicial nominees. It intends to use the ads as campaign attack ads against Feingold, but skirt the BCRA’s restrictions by not specifically discouraging votes for him, thereby giving the appearance of “issue” ads and thusly not running afoul of the BCRA. Bopp is worried that the McConnell decision, just rendered, would make the Court reluctant to reverse itself so quickly. Bopp knows that the McConnell decision was in response to a broad challenge to the BCRA that argued the law was unconstitutional in all circumstances. Bopp decides to challenge the BCRA on behalf of the WRTL on narrower grounds—to argue that the specific application of the BCRA in this instance would violate the group’s First Amendment rights. He decides not to file a complaint with the Federal Election Commission (FEC) because of that agency’s notoriously slow response time, but instead files a preemptive challenge in court objecting to the BCRA’s ban on “issue advertisements” in the weeks before elections. Bopp is encouraged by the prospects of a court challenge that may wend its way to the Supreme Court, as the “swing” vote in McConnell was Justice Sandra Day O’Connor, who has been succeeded by the more conservative Samuel Alito (see October 31, 2005 - February 1, 2006). [New Yorker, 5/21/2012] Bopp will prove to be correct, as the Supreme Court will find in WRTL’s favor (see June 25, 2007).

Entity Tags: Russell D. Feingold, Federal Election Commission, Bipartisan Campaign Reform Act of 2002, George W. Bush, Samuel Alito, James Bopp, Jr, Wisconsin Right to Life, US Supreme Court, Sandra Day O’Connor

Timeline Tags: Civil Liberties, 2004 Elections

John Roberts.John Roberts. [Source: In These Times]John Roberts is approved by the Senate to become the new chief justice of the US Supreme Court, replacing the recently deceased William Rehnquist (see September 5, 2005). Roberts, who once clerked for Rehnquist while Rehnquist was an associate justice, also served in the Reagan Justice Department and as an associate counsel to then-President Reagan. He was deputy solicitor general in the first Bush administration. George W. Bush appointed him to the DC Circuit Court in 2001. [White House, 9/29/2005] Roberts was originally nominated to succeed the retiring Sandra Day O’Connor, but when Rehnquist died, Bush quickly withdrew the nomination for associate justice and refiled Roberts’s name for chief justice.
Characteristics and History - Roberts appeals to conservatives for a number of reasons; he has a powerful legal intellect, is soft-spoken, personable, and telegenic, and has not been outspoken about his views on issues like abortion and the right to privacy. Law professor Stephen Wermiel, who knows Roberts well, said in July that Roberts is not “somebody who… comes off as gruff or overbearing, which some people will recall was a factor in the [Robert] Bork hearings in 1987” (see July 1-October 23, 1987). Wermiel called Roberts’s nomination “a stroke of brilliance on the White House’s part.” One area of controversy surrounds Roberts’s work with Governor Jeb Bush of Florida during the bitterly contested 2000 presidential election, where Roberts helped construct the strategies used in the Bush v. Gore case that awarded George W. Bush the presidency. Another is Roberts’s membership in the Federalist Society, an organization of conservative activist judges, lawyers, and legal thinkers. A third is his advocacy, during his time with the first Bush administration, for scrapping decades of law providing for the separation of church and state in order to allow prayer in public schools. [National Public Radio, 7/20/2005] Four days before President Bush nominated him to the Court, Roberts voted in favor of upholding the Bush administration’s assertions about its wartime powers in the case of Hamdan v. Rumsfeld (see June 30, 2006), ruling that Bush need not consult Congress before setting up military commissions, and ruling that Bush is not bound by the strictures of the Geneva Convention. Liberals are unhappy with his stance against abortion, his representation as a private attorney of corporate mining interests seeking to dodge environmental regulations and of businesses trying to evade affirmative action requirements, as well as his attempts to curb environmentalists’ efforts to save endangered species. In 2007, reporter Charlie Savage will write that while progressives and liberals busily attacked Roberts for his positions on various “hot-button” issues, “[a]lmost lost amid the hubbub was” Roberts’s “unwavering commitment to the [expansion of] presidential power,” dating back to his 1980-81 clerkship under Rehnquist and his tenure as a White House lawyer under Ronald Reagan (see June-July 1983, October 1983, February 13, 1984, and May 16, 1984). [Savage, 2007, pp. 251-255]
Quick Confirmation - The Senate agreed to expedite Roberts’s confirmation process in order to allow him to preside over the next session of the Supreme Court in October, and so gave its members little time to peruse his record. Roberts sailed through the Senate Judiciary Committee hearings, and is confirmed by a 78-22 vote. Roberts hit a brief snag when he divulged that he had met with Attorney General Alberto Gonzales just six days before hearing oral arguments in the Hamdan case, had met with Vice President Cheney and a select coterie of top White House officials while considering his verdict, and had met with Bush for the president’s final approval on the Court nomination the same day that he handed down his favorable ruling. Though 22 Democrats vote against his confirmation, because Roberts’s ascension to the Court does not change the ideological balance among the nine justices (Roberts is replacing the equally conservative Rehnquist), Senate Democrats decided not to filibuster his nomination. [Dean, 2007, pp. 154-155; Savage, 2007, pp. 252]

Entity Tags: US Department of Justice, Stephen Wermiel, Senate Judiciary Committee, Federalist Society, George W. Bush, Charlie Savage, John G. Roberts, Jr, US Supreme Court

Timeline Tags: Civil Liberties

Harriet Miers.Harriet Miers. [Source: Harpers.org]After President Bush successfully places conservative judge John Roberts as chief justice of the Supreme Court (see September 29, 2005), he names White House counsel and personal friend Harriet Miers to replace the retiring Sandra Day O’Connor on the Court.
Firestorm of Criticism - The media reacts adversely to this; Miers is said to be insufficiently qualified for the position and to have been chosen because of her loyalty to Bush. Her nomination is further derailed by opposition from hard-line conservatives, who do not believe she is conservative enough in her beliefs, particularly on abortion. Miers is certainly a weak choice from most viewpoints—she has no constitutional law experience and lacks a reputation as a strong legal thinker. She has never been a judge, nor even published an academic law journal article. Even conservative stalwart Robert Bork, who is still a center of controversy from his failed Court nomination (see July 1-October 23, 1987), calls Miers’s nomination “a disaster on every level.” When a letter Miers had written Bush for his birthday in 1997 is published in the media—in which Miers gushed over Bush in breathless, almost schoolgirlish prose, calling him “cool!” and “the best governor ever!”—the derision hits a fever pitch. When she submits a questionnaire to the Senate Judiciary Committee listing her background and qualifications for the job, a questionnaire almost devoid of pertinent and specific information, the ranking members of the committee threaten to have her do it over, a humiliation she avoids by withdrawing her name from consideration.
Trumped-Up Dispute over Executive Privilege - The Senate asks to see Miers’s White House memos to judge the quality of her legal work, and the White House refuses, citing executive privilege. Many view the dispute as a trumped-up conflict designed to allow the Bush administration to save what little face it can in the debacle; neoconservative columnist Charles Krauthammer had suggested engineering just such a “conflict” to stage “irreconcilable differences over documents” that would allow the Bush White House to withdraw Miers’s nomination over the issue.
Withdrawal - Miers indeed asks Bush to withdraw her nomination, and Bush cites the documents dispute in announcing the decision to pull Miers from consideration: “It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House—disclosures that would undermine a president’s ability to receive candid counsel,” Bush says. “Harriet Miers’s decision demonstrates her deep respect for this essential aspect of the Constitutional separation of powers—and confirms my deep respect and admiration for her.” Bush settles on another nominee, Samuel Alito, to replace O’Connor (see October 31, 2005 - February 1, 2006). [Savage, 2007, pp. 262-266; Dean, 2007, pp. 155]
Staunch Advocate for Expanded Executive Power - In 2007, reporter and author Charlie Savage will write that, in his view, the Bush administration chose Miers for a simple reason: she is a staunch advocate for the continued expansion of presidential power. “Miers… could be counted on to embrace Bush’s expansive view of presidential powers,” he will write. Miers is quite loyal to Bush “and, through him, the institution he represented.” Miers’s adoration of Bush on a personal level would further guarantee her “solid support for any presidential claim of power that might come before the Court,” he will write. “Like Roberts before her, she was an executive branch lawyer who identified with the task of defending the prerogatives of the president.” On the questionnaire she submits to the Senate Judiciary Committee, Miers writes that as White House counsel, she has gained significant constitutional experience in “presidential prerogatives, the separation of powers, executive authority, and the constitutionality of proposed regulations and statutes.… My time serving in the White House, particularly as counsel to the president, has given me a fuller appreciation of the role of the separation of powers in maintaining our constitutional system. In that role, I have frequently dealt with matters concerning the nature and role of the executive power.” [Savage, 2007, pp. 265-267]

Entity Tags: US Supreme Court, John G. Roberts, Jr, Sandra Day O’Connor, Samuel Alito, Senate Judiciary Committee, Harriet E. Miers, Charlie Savage, George W. Bush, Bush administration (43), Charles Krauthammer, Robert Bork

Timeline Tags: Civil Liberties

President Bush, stung by the opposition from both left and right that derailed his nomination of Harriet Miers for the Supreme Court (see October 3-27, 2005), nominates appeals court judge Samuel Alito to the Court to replace the retiring Sandra Day O’Connor. [Dean, 2007, pp. 155-157]
Staunch Advocate of Expanding Presidential Power - Alito has impeccable credentials, especially in contrast to the widely derided Miers. He is a graduate of Yale Law School, a long-time member of the conservative Federalist Society, and has years of decisions behind him as an appellate court judge. He is a product of the Reagan-era Justice Department. Bush calls him “one of the most accomplished and respected judges in America.” He is a powerful anti-abortion advocate, and a staunch supporter of granting ever more power to the executive branch, especially at the expense of the legislative and judicial branches. During his time in the Reagan Justice Department, he worked on a project to “increase the power of the executive to shape the law.” In 2000 he called the “unitary executive theory” (see April 30, 1986) the “gospel according to the OLC,” the Justice Department’s Office of Legal Counsel, where he worked for four years, and said he was firmly committed to advancing that theory. [Savage, 2007, pp. 267-271]
Bland Facade at Hearings - Alito receives a unanimous “well qualified” assessment from the American Bar Association, and the Bush administration expects that his nomination will sail through the Senate confirmation hearings as quickly and painlessly as did Bush’s previous choice for the Court, John Roberts (see September 29, 2005). The hearings are more contentious than Bush would like, and former Nixon White House counsel John Dean will say in 2007 that Alito’s performance before the Judiciary Committee “only served to confirm that the entire process has become little more than a great charade.” Senator Edward Kennedy (D-MA), one of the longest-serving members of the committee, observes that the Bush administration believes—correctly—that it can nominate radical right-wing extremists to the Court virtually at will, “as long as their views were not well known,” and adds, “[T]he current White House [has] turned the effort to hide nominees’ views into an art form.” Like Roberts, Alito presents a bland, non-confrontational facade to the committee (see January 9-13, 2006), refusing to take a personal stance on any issue and giving the impression that, as Kennedy will say after Alito and Roberts begin their service on the Court, he would be “as neutral as a baseball umpire.… The men who promised to be neutral umpires look more and more like loyal members of the president’s team.” [Dean, 2007, pp. 155-157]
Party-Line Confirmation - After an attempt by Senators Kennedy and John Kerry (D-MA) to filibuster Alito’s confirmation fails, the Senate confirms Alito’s ascension to the Court by a near-party line 58-42 vote, the closest such vote since Clarence Thomas’s (see October 13, 1991). Senator Orrin Hatch (R-UT) condemns what he calls the “very bitter partisanship” over Alito’s nomination, and accuses Democrats of playing politics: “When you have a man who has the decency, the legal ability and the capacities that Judge Alito has treated this way, I think it’s despicable.” Alito, whose hardline conservative beliefs are sufficiently masked during the hearings, replaces the far more moderate O’Connor, who before her retirement made up the “moderate center” of the Court with Justices Anthony Kennedy and David Souter. Now Alito joins Thomas, Roberts, and Antonin Scalia to form a hard-right conservative bloc on the Court which, when joined by center-right conservative Kennedy, forms a nearly unshakable conservative majority. [CNN, 2/1/2006]
Overturning Roe? - Many believe that Alito gives the Court the fifth vote it needs to finally overturn the landmark abortion case Roe v. Wade (see January 22, 1973), a longtime goal of social conservatives that would go far to make abortions illegal in the US. [Slate, 10/31/2005]

Entity Tags: Orrin Hatch, Sandra Day O’Connor, Samuel Alito, John Dean, US Supreme Court, John G. Roberts, Jr, John Kerry, George W. Bush, Clarence Thomas, Anthony Kennedy, David Souter, Edward M. (“Ted”) Kennedy, Harriet E. Miers, Antonin Scalia

Timeline Tags: Civil Liberties

A Christian group sues a public library for preventing religious organizations from using its facilities to hold worship services. The library says it is following the constitutional separation of church and state. The Justice Department’s civil rights division (CRD) files a “friend of the court” brief on behalf of the Christian group, claiming that the library violated its civil rights. The brief is written by a 2004 political hire to the CRD, a former clerk for conservative Supreme Court Justice Samuel Alito (see October 31, 2005 - February 1, 2006) while he was an appeals court judge and a member of two groups that advocate integrating Catholic religious practices into law and society (see Fall 2002 and After). [Savage, 2007, pp. 298]

Entity Tags: US Department of Justice, Civil Rights Division (DOJ)

Timeline Tags: Civil Liberties

During the Senate hearings to confirm conservative jurist Samuel Alito to the Supreme Court, the questioning turns to Alito’s views on the “unitary executive” theory (January 1, 1992). The theory seems to have originated in the Reagan administration’s Justice Department (see April 30, 1986), where Alito worked in the Office of Legal Counsel.
Lawyer Testifies to Unitary Executive - Former Clinton White House counsel Beth Nolan testifies about the theory and its potential for dramatically revamping the power of the presidency: “‘Unitary executive’ is a small phrase with almost limitless import. At the very least, it embodies the concept of presidential control over all executive functions, including those that have traditionally been executed by ‘independent’ agencies and other actors not subject to the president’s direct control.… The phrase is also used to embrace expansive interpretations of the president’s substantive powers, and strong limits on the legislative and judicial branches.” Nolan cites a November 2000 speech by Alito to the Federalist Society, where Alito said in part, “the president is largely impervious to statutory law in the areas of foreign affairs, national security, and Congress is effectively powerless to act as a constraint against presidential aggrandizement in these areas.” [Dean, 2007, pp. 100-106] During the questioning session, Alito denies ever discussing the idea of inherent presidential powers during that speech.
Evasive Answers in Hearings - Senator Richard Durbin (D-IL) says in his opening statement that he intends to press Alito on his support for what Durbin calls “a marginal theory at best… yet one you’ve said you believe.” Durbin notes that the Bush administration has repeatedly cited the theory to justify its most controversial policies and decisions, particularly in conducting its war on terror. Senator Charles Schumer (D-NY) adds: “The president is not a king, free to take any action he chooses without limitation, by law.… In the area of executive power, Judge Alito, you have embraced and endorsed the theory of the unitary executive. Your deferential and absolutist view of separation of powers raises questions. Under this view, in times of war the president would, for instance, seem to have inherent authority to wiretap American citizens without a warrant, to ignore Congressional acts at will, or to take any other action he saw fit under his inherent powers. We need to know, when a president goes too far, will you be a check on his power or will you issue him a blank check to exercise whatever power alone he thinks appropriate?” [Savage, 2007, pp. 271-272] However, Alito refuses to address the issue in the hearings, giving what one journalist calls “either confused or less than candid” answers to questions concerning the subject.
Failure to Recall - During questioning, Alito turns aside inquiries about his avowed support for the unitary executive theory, saying he was merely talking about the idea that a president should have control over lesser executive branch officials, and was not referring to the usurpation of Congressional power by the executive. Further questions elicit nothing but a dry definition of the term. Asked about Supreme Court Justice Clarence Thomas’s stinging dissent in the 2004 Hamdi v. Rumsfeld case (see June 28, 2004), where Thomas wrote that the authors of the Constitution believed a unitary executive was essential to the implementation of US foreign policies, Alito says he does not recall Thomas’s mention of the phrase. Asked about Bush’s signing statement that attempted to invalidate the Detainee Treatment Act (see December 30, 2005), Alito merely recites the definition of a signing statement, and refuses to actually state his position on the issue (see February 6, 1986 and After). Senator Ted Kennedy (D-MA), disturbed by Alito’s refusal to address the subject, says he will vote against him in part because of Alito’s embrace of “the gospel of the unitary executive.” Kennedy cites one of the authors of the theory, law professor Steven Calabresi, one of the founders of the Federalist Society, who, Kennedy says, “acknowledged that, if the concept is implemented, it would produce a radical change in how the government operates.” [Dean, 2007, pp. 100-106; Savage, 2007, pp. 271-274]
ACLU Opposes Alito - The ACLU, for only the third time in its history, formally opposes Alito’s nomination, in part because of Alito’s embrace of the unitary executive theory of the presidency, citing Alito’s “expansive view of executive authority and a limited view of the judicial role in curbing abuses of that authority.” In its 86-year history, the ACLU has only opposed two other Court nominees: William Rehnquist and former Solicitor General Robert Bork. [American Civil Liberties Union, 1/9/2006]
Opposition Fails - However, none of this is effective. Alito is sworn in less than a month later, after Democrats in the Senate fail to successfully mount a filibuster against his confirmation. [CNN, 2/1/2006]

Entity Tags: Office of Legal Counsel (DOJ), Samuel Alito, Edward M. (“Ted”) Kennedy, Clarence Thomas, Beth Nolan, US Department of Justice, Bush administration (43), US Supreme Court, American Civil Liberties Union

Timeline Tags: Civil Liberties

The announcement that Supreme Court Justice David Souter is retiring is already sparking a tremendous fundraising effort among conservative opposition groups, according to the Congressional Quarterly. “This is a nuclear weapon for the conservatives out there,” says conservative fundraiser Dan Morgan. “When you do fundraising, there’s an emotional component in this, and boy the emotion is there magnified times 100.” President Obama is expected to choose a replacement for Souter who is somewhat left of center, a choice that will be portrayed by right-wing groups as a threat to their positions on abortion, gun rights, gay marriage, and property rights, among other “hot-button” social and legal issues (see May 26, 2009). The upshot: lots of money gathered to oppose Obama’s prospective nominee. “Although Souter may be a more difficult case to make as his voting record is center-left, it does open the door for discussion of who, and how left a replacement, President Obama may choose,” says veteran Republican fundraiser Linus Catignani. “It also gives clarity to the power of the presidency and generates lots of chatter regarding the fact that Obama may make up to four replacements in short order. That obviously paints a very scary picture for many conservatives.” Catignani says that when conservative Justices John Roberts and Samuel Alito (see September 29, 2005 and October 31, 2005 - February 1, 2006) were nominated, Republican fundraisers used them as touchstones for their efforts to gather money—that time in the interest of promoting and defending the nominees. Democrats used their nominations to raise funds in opposition, much as Republicans are doing now, and Democrats will use the nomination to raise funds in defense of Obama’s nominee. Souter’s replacement will energize and invigorate a flagging and dispirited conservative base, says former Democratic National Committee Chairman Steve Grossman. “This can be a catalyst properly handled that can get people back into a sense of stakeholdership.” It can also be used to energize Democrats to fund efforts to thwart the Republicans’ own efforts to derail the nomination. Morgan says: “The Supreme Court is great. That’s going to be mail, that’s going to be phone calls. The clients I work with are in meetings already. There are letters being written already.” [Congressional Quarterly, 5/1/2009]

Entity Tags: Linus Catignani, Barack Obama, David Souter, Sonia Sotomayor, Dan Morgan, Steve Grossman, US Supreme Court

Timeline Tags: Civil Liberties

New Republic legal correspondent Jeffrey Rosen, a law professor at George Washington University, writes an analysis of appeals court judge Sonia Sotomayor, considered by many to be a leading candidate to replace retiring Justice David Souter on the Supreme Court.
Rose from Poverty to Consideration for High Court - Rosen gives a brief biographical sketch of Sotomayor, whom he labels as a “compelling” candidate both for her legal accomplishments and her life story. Sotomayor is the daughter of poor Puerto Rican immigrants, grew up in the South Bronx, and graduated with high academic honors from Princeton and Yale. She has served as a prosecutor, a corporate litigator, and a judge. If nominated and confirmed, Sotomayor would be the Court’s first Hispanic member and only its third female member. She has the support of both New York senators, Democrats Charles Schumer and Kirsten Gillibrand.
Conflicting Opinions Largely from Anonymous Sources - Rosen notes that her former clerks praise her as “demanding but thoughtful” and “commit[ted] to legal fairness,” a “rule-bound pragmatist—very geared toward determining what the right answer is and what the law dictates, but her general approach is, unsurprisingly, influenced by her unique background.” Rosen quotes several anonymous sources—“nearly all… former law clerks… or former federal prosecutors in New York”—who, he says, question “her temperament, her judicial craftsmanship, and most of all, her ability to provide an intellectual counterweight to the conservative justices, as well as a clear liberal alternative.” According to one former law clerk, Sotomayor is “not that smart and kind of a bully on the bench,” egotistical, and “domineering.” In contrast, one of his named sources, fellow Second Circuit appeals court judge Jose Cabranes, said of her, “She is not intimidated or overwhelmed by the eminence or power or prestige of any party, or indeed of the media.” Anonymous sources tell Rosen that Sotomayor is more apt to quibble with a colleague’s grammar and syntax rather than the focus of their legal arguments. Another former clerk praises Sotomayor for being tough-minded and “impressive.” Rosen admits that he has not read enough of Sotomayor’s opinions “to have a confident sense of them,” nor has he “talked to enough of Sotomayor’s detractors and supporters, to get a fully balanced picture of her strengths. It’s possible that the former clerks and former prosecutors I talked to have an incomplete picture of her abilities. But they’re not motivated by sour grapes or by ideological disagreement—they’d like the most intellectually powerful and politically effective liberal justice possible. And they think that Sotomayor, although personally and professionally impressive, may not meet that demanding standard.” Rosen concludes that President Obama would be taking an unnecessary “gamble” by nominating her to the high court. [New Republic, 5/4/2009]
Repercussions of Analysis - Rosen’s column triggers several demeaning characterizations of Sotomayor in the conservative press (see May 4, 2009 and May 5, 2009), characterizations that will intensify when she is nominated for the Court (see May 26, 2009). His use of anonymous sources to base his negative coverage will be repudiated by a number of critics (see May 5, 2009).

Entity Tags: Charles Schumer, Kirsten Gillibrand, Sonia Sotomayor, US Supreme Court, Jose Cabranes, Jeffrey Rosen

Timeline Tags: Civil Liberties, Domestic Propaganda

Columnist Marc Ambinder joins in the wave of conservative criticism against prospective Supreme Court nominee Sonia Sotomayor (see May 4, 2009) triggered by an analysis in the New Republic (see May 4, 2009). Ambinder warns the Obama administration not to choose Sotomayor simply because some liberals and Hispanics want her on the bench, calls her “solid if unspectacular,” and writes, “And the respectable intellectual center… is beginning to have doubts.” Ambinder does not note who, exactly, makes up the “intellectual center” he cites. [Atlantic Monthly, 5/5/2009] Nation columnist Chris Hayes retorts: “One gossipy article from Jeff Rosen means ‘the respectable intellectual center… is beginning to have doubts.’ Really?” [Salon, 5/5/2009] Less than a month later, Sotomayor will be nominated to the Court (see May 26, 2009).

Entity Tags: Chris Hayes, Obama administration, Sonia Sotomayor, US Supreme Court, Marc Ambinder, Jeffrey Rosen

Timeline Tags: Domestic Propaganda

Conservative groups run attack ads and public relations campaigns against three of President Obama’s prospective nominees to replace retiring Supreme Court Justice David Souter, even though Obama has not yet named a replacement. The three being targeted for attack are Judge Diane Wood of the Seventh Court of Appeals, US Solicitor General Elena Kagan, and Judge Sonia Sotomayor of the Second Court of Appeals, who will eventually get the nod (see May 26, 2009). Progressive groups counter the attacks with their own ads and blog campaigns. Wood is targeted as too pro-abortion, Kagan has come under fire for not being supportive enough of the military, and in Sotomayor’s court, one ad says, “the content of your character is not as important as the color of your skin.” Tom Goldstein, who runs the influential SCOTUSblog, a non-partisan website focusing on Supreme Court issues, says: “I think that the Internet and blogs have been great in terms of being able to distribute information easily. The downside is that there is an equal leveling effect in which totally idiotic wing nuts can go off—that’s true on both the far left and far right.… So it contributes to good people being torn apart for no reason.” Gary Marx of the Judicial Confirmation Network, a conservative group that assembled the attack ads, says the spots are an attempt to properly “frame the issue.” Law professor Jonathan Adler says the ads are more about fundraising than any real attempt to derail whichever nominee Obama selects. “If you are a conservative group and you want more Republicans in the Senate, then you really harp on this issue.” Adler says the nomination process for Supreme Court choices has been locked in a “downward spiral” for more than 20 years. “I think we’re talking about the wrong things,” he says. “It can have negative effects on the judiciary. And it could steer people away from the court who are easy to demonize.” The ultimate result, he says, “is a worse judiciary and a tainted confirmation process.” Former Bush administration lawyer Bradford Berenson blames the Obama administration for the preemptive attacks, citing the White House’s choice to conduct what he calls a “lengthy, semipublic deliberation” over the nomination. That “virtually guarantees that the interest groups will mount attacks and exert both public and private pressure in an effort to influence the selection,” he says. “In some ways, that is the point of proceeding in this way—to get a feel for the strength and type of opposition particular candidates will face.” [Los Angeles Times, 5/21/2009]

Entity Tags: Elena Kagan, Barack Obama, Bradford Berenson, Diane T. Wood, Jonathan Adler, Thomas Goldstein, Gary Marx, US Supreme Court, David Souter, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

Barack Obama and Sonia Sotomayor during the nomination announcement.Barack Obama and Sonia Sotomayor during the nomination announcement. [Source: Associated Press]President Obama nominates Second Circuit Appeals Court Judge Sonia Sotomayor as his candidate to replace retiring Supreme Court Justice David Souter (see May 1, 2009). Sotomayor is a Hispanic woman from an underprivileged background with a stellar academic record and an extensive legal background, having served as a prosecutor, a corporate lawyer, and a judge for 17 years, having been first appointed to the bench by former President George H. W. Bush. She is expected to receive heavy support from Democrats. Republicans say they are waiting for more information to decide whether to mount organized opposition. Political observers say such a move would be chancy for Republicans, who need to attract more support from Hispanic and female voters. Obama calls Sotomayor a judge with an impressive intellect and a great capacity for empathy, and a jurist who renders judgments with “an understanding of how the world works and how ordinary people live.” He notes that Sotomayor has more legal experience than any currently sitting justice had when they ascended to the high court. Sotomayor would be the first Hispanic and the third woman to serve on the Court. Sotomayor is considered more or less ideologically consistent with the moderate-to-liberal Souter, and thus would not change the court’s ideological makeup. The Obama administration says it wants Sotomayor approved in time for the Court’s October session. In her acceptance speech, Sotomayor says of herself, “I am an ordinary person who has been blessed with extraordinary opportunities and experiences.” Of her position as a jurist, she says she is driven first and foremost by the rule of law and the principles laid down in the Constitution. “Those principles,” she says, “are as meaningful and relevant in each generation as the generation before.” Sotomayor was chosen over three other short-listed finalists: fellow appellate court judge Diane Wood, Solicitor General Elena Kagan, and Homeland Security Secretary Janet Napolitano. It is likely that one or more of the people on the list may become nominated to the court as well: Justice John Paul Stevens is 89 years old, and Justice Ruth Bader Ginsburg, 76, suffers from pancreatic cancer. [Associated Press, 5/26/2009; CNN, 5/26/2009] In response to the nomination, Republican National Committee chairman Michael Steele says: “Republicans look forward to learning more about… Sotomayor’s thoughts on the importance of the Supreme Court’s fidelity to the Constitution and the rule of law. Supreme Court vacancies are rare, which makes Sonia Sotomayor’s nomination a perfect opportunity for America to have a thoughtful discussion about the role of the Supreme Court in our daily lives. Republicans will reserve judgment on Sonia Sotomayor until there has been a thorough and thoughtful examination of her legal views.” [Think Progress, 5/26/2009]

Entity Tags: Elena Kagan, Barack Obama, Diane T. Wood, Sonia Sotomayor, Michael Steele, David Souter, US Supreme Court, Janet Napolitano

Timeline Tags: Civil Liberties

Salon columnist Glenn Greenwald notes that in 2006, conservative Supreme Court nominee Samuel Alito (see October 31, 2005 - February 1, 2006) made remarks about his ethnic identity influencing his decisions from the bench that are strikingly similar to those made in 2001 by Supreme Court nominee Sonia Sotomayor (see October 26, 2001 and May 26, 2009). Sotomayor is being called a “racist” by conservatives based on her remarks (see May 26, 2009, May 26, 2009, May 27, 2009, and May 28, 2009). In 2006, as Greenwald notes, Alito told the Senate Judiciary Committee: “[W]hen a case comes before me involving, let’s say, someone who is an immigrant—and we get an awful lot of immigration cases and naturalization cases—I can’t help but think of my own ancestors, because it wasn’t that long ago when they were in that position. And so it’s my job to apply the law. It’s not my job to change the law or to bend the law to achieve any result. But when I look at those cases, I have to say to myself, and I do say to myself, ‘You know, this could be your grandfather, this could be your grandmother. They were not citizens at one time, and they were people who came to this country.‘… When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account.” Greenwald writes, “Anyone who is objecting now to Sotomayor’s alleged ‘empathy’ problem but who supported Sam Alito and never objected to this sort of thing ought to have their motives questioned (and the same is true for someone who claims that a person who overcame great odds to graduate at the top of their class at Princeton, graduate Yale Law School, and then spent time as a prosecutor, corporate lawyer, district court judge, and appellate court judge must have been chosen due to ‘identity politics’).” [Washington Post, 1/11/2006; Salon, 5/27/2009]

Entity Tags: Samuel Alito, Glenn Greenwald, US Supreme Court, Sonia Sotomayor, Senate Judiciary Committee

Timeline Tags: Domestic Propaganda

Pat Buchanan on MSNBC.Pat Buchanan on MSNBC. [Source: Vosizneias (.com)]Conservative pundit Pat Buchanan calls Supreme Court nominee Sonia Sotomayor (see May 26, 2009) an “affirmative action candidate” for the Court. “I don’t say it’s an outrage, I say it’s affirmative action,” Buchanan says. “They were picked because she’s a woman and a Hispanic and you know it as well as I do.” His sole evidence for his claim is the fact that President Obama apparently had no males on his short list of potential nominees. When host Norah O’Donnell points out that in past nominations the list of nominees had been exclusively white males, and perhaps “there weren’t any white men who were qualified” this time around, Buchanan calls her a bigot. When guest Lawrence O’Donnell, a former Democratic Senate staffer (and no relation to the host), asks if he would have raised similar objections if the list had contained no women, Buchanan refuses to answer. Think Progress correspondent Amanda Terkel notes that Buchanan has, in the past, avowed that slavery was good for African-Americans, wished for an America that was 90 percent white, and accused Hispanics of not wanting to “assimilate.” Lawrence O’Donnell says of Buchanan’s argument: “It’s like watching a dead fish flop around on the deck. You’re dead on this one, Pat. It’s all over.” [Think Progress, 5/27/2009] The next day, Weekly Standard editor Fred Barnes follows Buchanan’s lead, saying that Sotomayor is “one of those who has benefited from affirmative action over the years tremendously.” Radio host William Bennett, featuring Barnes as his guest, replies, “Did she get into Princeton on affirmative action, one wonders,” to which Barnes repeats, “One wonders.” [Think Progress, 5/28/2009]

Entity Tags: Patrick Buchanan, Fred Barnes, Amanda Terkel, Lawrence O’Donnell, Sonia Sotomayor, Norah O’Donnell, US Supreme Court, William J. Bennett

Timeline Tags: Domestic Propaganda

The conservative Judicial Confirmation Network releases a television and Internet advertisement that attacks Supreme Court nominee Sonia Sotomayor (see May 26, 2009) for being “personally biased” in her rulings. The ad, which claims Sotomayor’s ascension to the high court will place “equal justice… under attack,” is based largely on comments Sotomayor made in a 2001 speech (see October 26, 2001). [Think Progress, 5/29/2009] White House spokesman Robert Gibbs says that Sotomayor made a “poor word choice” in her 2001 comments (see May 29, 2009) [Associated Press, 5/29/2009] , but both President Obama and liberal news and analysis Web site Think Progress note that in that same 2001 speech, Sotomayor was firm in reiterating her belief that judges must base their decisions on the rule of law, not on personal bias or preference. And an analysis of her record shows that she has ruled against plaintiffs in discrimination lawsuits a large majority of the time (see May 29, 2009). [Think Progress, 5/29/2009] After the ad draws fire from across the political spectrum, Judicial Confirmation Network spokeswoman Wendy Long (see May 26, 2009) backs away from the controversy, writing that the debate over Sotomayor “is turning into an argument about race and identity politics.” She adds, “Many of us in the conservative movement believe that Judge Sotomayor is intelligent, and that, at least on paper, she has professional qualifications that are certainly sufficient for occupying a seat on the US Supreme Court.” Long continues to call Sotomayor’s judicial philosophy “very troubling.” [MSNBC, 5/29/2009]

Entity Tags: US Supreme Court, Sonia Sotomayor, Robert Gibbs, Think Progress (.org), Barack Obama, Judicial Confirmation Network, Wendy Long

Timeline Tags: Domestic Propaganda

Right-wing pundit Pat Buchanan continues to attack Supreme Court nominee Sonia Sotomayor (see May 26, 2009), this time during an appearance on C-SPAN’s Washington Journal. Buchanan continues his allegations that Sotomayor is an “affirmative action nominee” (see May 28, 2009), and mocks her recent discussion of her difficulties with the English language: Sotomayor told a New York Times reporter that during her first years in college, she honed her English skills by reading children’s books, practiced with lower-level grammar books, and worked with a professor who provided her tutoring in the language. Buchanan says in reference to the article: “Well I, again in that Saturday piece, she went to Princeton. She graduated first in her class it said. But she herself said she read, basically classic children’s books to read and learn the language and she read basic English grammars and she got help from tutors. I think that, I mean if you’re, frankly if you’re in college and you’re working on Pinocchio or on the troll under the bridge, I don’t think that’s college work.” The article did not characterize her outside, self-directed remedial work with English as “college work.” Amanda Terkel, a reporter for left-leaning Think Progress, will note: “Buchanan has long claimed that Hispanic immigrants are resistant to learning English and has said that it would be easier for them to ‘assimilate’ if they did so.… So basically, Buchanan yells when Hispanics are allegedly unwilling to learn English. However, when they make an attempt to do so, he mocks them as being dumb.” [New York Times, 5/30/2009; Think Progress, 6/1/2009]

Entity Tags: US Supreme Court, Sonia Sotomayor, Amanda Terkel, Patrick Buchanan

Timeline Tags: Domestic Propaganda

Former George H. W. Bush speechwriter Peggy Noonan joins the ranks of Republicans (see May 28-31, 2009, May 29, 2009, and May 29, 2009) asking for a more moderate and less inflammatory tone in recent criticisms of Supreme Court nominee Sonia Sotomayor (see May 26, 2009 and May 26, 2009). Republicans should “play grown-up,” she advises, in opposing the Sotomayor nomination, and notes that her background—disadvantaged, Hispanic, female—makes her dangerous to oppose too vehemently: “Politically she’s like a beautiful doll containing a canister of poison gas: Break her and you die.” Noonan continues: “New York is proud of her; I’m proud of our country and grateful at its insistence, in a time when some say the American dream is dead, that it most certainly is not. The dream is: You can come from any place or condition, any walk of life, and rise to the top, taking your people with you, in your heart and theirs. Maybe that’s what they mean by empathy: Where you come from enters you, and you bring it with you as you rise. But if that’s what they mean, then we’re all empathetic. We’re the most fluid society in human history, but no one ever leaves their zip code in America, we all take it with us. It’s part of our pride. And it’s not bad, it’s good.” Noonan calls Republicans who launch virulent attacks on her racial heritage or gender “idiots,” and writes that instead of “exciting the base,” as one Republican strategist has said the attacks will do, “How about excit[ing] a moderate, or interest[ing] an independent? How about gain[ing] the attention of people who aren’t already on your side? The base is plenty excited already, as you know if you’ve ever read a comment thread on a conservative blog.… They don’t need to be revved, they’re already revved. Newt Gingrich twitters that Judge Sotomayor is a racist (see May 27, 2009). Does anyone believe that? He should rest his dancing thumbs, stop trying to position himself as the choice and voice of the base in 2012, and think.… The choice for Republicans isn’t between ‘attack’ and ‘roll over.’ It’s broader than that, and more interesting. There’s a new and fresh opportunity here for Republicans in the Senate to be serious, and, in their seriousness, to be seen and understood in a new light.” [Wall Street Journal, 6/1/2009]

Entity Tags: US Supreme Court, Newt Gingrich, Sonia Sotomayor, Peggy Noonan

Timeline Tags: Domestic Propaganda

A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo.A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo. [Source: Council of Conservative Citizens / Think Progress]The Council of Conservative Citizens (CofCC), a pro-segregation group that the Southern Poverty Law Center has called “brazenly racist,” posts a doctored photograph of Supreme Court nominee Sonia Sotomayor (see May 26, 2009) on its Web site. The altered photograph depicts Sotomayor wearing what appears to be a robe and hood similar to those worn by members of the Ku Klux Klan. The robe has a raised fist and the words “La Raza.” Sotomayor is a member of the National Council of La Raza (NCLR), a Hispanic civil rights organization which some conservatives have falsely claimed is a racist organization (see May 28, 2009 and May 29, 2009). An NCLR spokesman confirms that the logo in the photograph is not used on any basis by the organization. [Think Progress, 6/2/2009]

Entity Tags: National Council of La Raza, Council of Conservative Citizens, US Supreme Court, Sonia Sotomayor, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

Former House Speaker Newt Gingrich (R-GA) writes what appears to be a retraction or withdrawal of his previous accusations that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) is a racist (see May 27, 2009). He writes that he was reacting to the news of remarks she made during a 2001 speech in which she said a “wise Latina” judge would often make better decisions than a white male (see October 26, 2001), and calls his “initial reaction… perhaps too strong and too direct.” Others have criticized his “word choice” in his vilification of Sotomayor, and Gingrich writes, “The word ‘racist’ should not have been applied to Judge Sotomayor as a person, even if her words themselves are unacceptable (a fact which both President Obama and his press secretary, Robert Gibbs, have since admitted)” (see May 29, 2009). Gingrich then launches an attack on Sotomayor’s “judicial impartiality” and accuses her of “a betrayal of a fundamental principle of the American system—that everyone is equal before the law.” Gingrich is either unaware of, or ignoring, a recent analysis which disproves the thesis that Sotomayor has systematically exhibited racial bias in her rulings (see May 29, 2009). He calls her a “radical liberal activist” masquerading as a “convention[al] liberal,” and lambasts Obama for believing that “judicial impartiality” is “no longer a quality we can and should demand from our Supreme Court justices.” [Think Progress, 4/3/2007; Human Events, 6/3/2009] Liberal news and analysis Web site Think Progress notes that Gingrich may not be the most impartial person to weigh in on this issue, having called Spanish “the language of living in the ghetto” and warned of “gay and secular fascism” as an imminent threat to American society. [Think Progress, 4/3/2007; Think Progress, 11/17/2008]

Entity Tags: US Supreme Court, Sonia Sotomayor, Newt Gingrich, Barack Obama, Robert Gibbs, Think Progress (.org)

Timeline Tags: Domestic Propaganda

Republican National Committee chairman Michael Steele implies that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) has racist tendencies, a week after urging fellow Republicans to stop “slammin’ and rammin’” Sotomayor over the issue of race and deal with her nomination on the issues (see May 29, 2009). While guest-hosting William Bennett’s radio show, Steele discusses criticisms that have been made of Sotomayor. “[T]he comments that she made that have been played up about, you know, the Latina woman being a better judge than the white male is something that she has said on numerous occasions,” Steele tells a caller (see October 26, 2001). “So this was not just the one and only time it was said. They’ve now found other evidences and other speeches… that she has made mention of this, this fact that her ethnicity, that her cultural background puts her in a different position as a judge to judge your case.… And God help you if you’re a white male coming before her bench.” A recent analysis of Sotomayor’s decisions as a judge in race-based cases proves that she does not discriminate against white plaintiffs (see May 29, 2009). [Think Progress, 6/5/2009] Four days later, Steele will defend his remarks. “Well, that’s not inflammatory,” he tells a CNN audience. “It’s based off of what—the inference that she left and what she said. You know, if you have a judge, where you have a situation where you have—you’re going before a trier of fact, and the trier of fact is on record as saying that this individual’s background experience is better positioned to make a decision than someone else, that gives one pause. And so my view of it was, in looking at it, you’re now segregating out white men by your comments. So, God help you if you’re a white male. If you’re seeking justice, this may not be the bench you want to go before.” [Think Progress, 6/10/2009]

Entity Tags: Republican National Committee, US Supreme Court, Sonia Sotomayor, Michael Steele

Timeline Tags: Domestic Propaganda

Former First Lady Laura Bush says some positive things about Supreme Court nominee Sonia Sotomayor (see May 26, 2009). On ABC’s Good Morning America, Bush says: “I think she sounds like a very interesting and good nominee.… As a woman, I’m proud there might be another woman on the Court. So we’ll see what happens, but I wish her well.” [Think Progress, 6/8/2009] Bush’s comments stand in contrast to some conservatives’ gender-based attacks on Sotomayor (see May 26, 2009, May 28, 2009, and June 5, 2009).

Entity Tags: US Supreme Court, Sonia Sotomayor, Laura Bush

Timeline Tags: Domestic Propaganda

After meeting one-on-one with Supreme Court nominee Sonia Sotomayor (see May 26, 2009), Senator Mel Martinez (R-FL) predicts that she will be confirmed “with pretty good numbers” and will “fit in” well on the Court. Martinez, like Sotomayor a Hispanic, says he is not concerned about her “wise Latina” comments from 2001 (see October 26, 2001). He knows of no evidence that shows she has ever let her heritage or personal feelings influence her judicial decisions (see May 29, 2009). “For someone who is of Latin background, personally, I understand what she is trying to say,” Martinez comments. “Which is, the richness of her experience forms who she is. It forms who I am.” [CNN, 6/9/2009]

Entity Tags: US Supreme Court, Mel Martinez, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

Former President George H. W. Bush condemns the right-wing attacks against Supreme Court nominee Sonia Sotomayor (see May 26, 2009), speaking out specifically against the charges that she has racist tendencies (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, June 2, 2009, June 5, 2009, and June 7, 2009). “I don’t know her that well but I think she’s had a distinguished record on the bench and she should be entitled to fair hearings,” he says. “Not—[it’s] like the senator John Cornyn said it (see May 28-31, 2009). He may vote for it, he may not. But he’s been backing away from these… backing off from those radical statements to describe her, to attribute things to her that may or may not be true.… And she was called by somebody a racist once. That’s not right. I mean that’s not fair. It doesn’t help the process. You’re out there name-calling. So let them decide who they want to vote for and get on with it.” [Think Progress, 6/12/2009]

Entity Tags: US Supreme Court, John Cornyn, Sonia Sotomayor, George Herbert Walker Bush

Timeline Tags: Domestic Propaganda

English-only advocates Pat Buchanan and white nationalist Peter Brimelow standing under misspelled banner.English-only advocates Pat Buchanan and white nationalist Peter Brimelow standing under misspelled banner. [Source: Think Progress (.org)]Right-wing pundit Pat Buchanan and his organization The American Cause host a conference to discuss how Republicans can regain a political majority. The conference is co-sponsored by a number of white nationalist and white advocacy groups. The conference features a panel discussion supporting English-only initiatives as a way to attract “working-class white Democrats” to the Republican Party, and in the process ridicules Supreme Court nominee Sonia Sotomayor (see May 26, 2009) for her use of children’s books to study English while she was in college (see May 31, 2009). The panelists also suggest that, without English as the official language of the US, President Obama would force Americans to speak Spanish. The conference’s English-only advocates apparently do not notice that the banner hanging over the festivities prominently misspells the word “conference” as “conferenece.” [Media Matters, 6/11/2009; Think Progress, 6/22/2009]

Entity Tags: Republican Party, Patrick Buchanan, The American Cause, US Supreme Court, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

Rachel Maddow and Pat Buchanan, during their discussion of Sonia Sotomayor’s nomination to the Supreme Court.Rachel Maddow and Pat Buchanan, during their discussion of Sonia Sotomayor’s nomination to the Supreme Court. [Source: MSNBC / Crooks and Liars]As the Senate readies to vote for or against Judge Sonia Sotomayor for the Supreme Court (see August 6, 2009), conservative commentator and author Pat Buchanan attempts to explain why he feels Sotomayor should not be confirmed.
Affirmative Action Accusation - Buchanan, interviewed by MSNBC’s progressive host Rachel Maddow, has accused Sotomayor of being an “affirmative action” selection for the bench (see May 28, 2009, May 31, 2009, June 12, 2009, and June 20, 2009) who uses her position to “discriminate against white males.” As evidence of his claim, he says: “I do believe she’s an affirmative action appointment by the president of the United States. He eliminated everyone but four women and then he picked the Hispanic.” Maddow asks him to define affirmative action, and Buchanan replies, “Affirmative action is to increase diversity by discriminating against white males.” After citing four court cases, he adds: “[A]ffirmative action is basically reverse discrimination against white males and it’s as wrong as discrimination against black females and Hispanics and others. And that’s why I oppose it.”
White People Built America, Buchanan Says - In her turn, Maddow asks, “Why do you think is that of the 110 Supreme Court justices we’ve had in this country, 108 of them have been white?” to which Buchanan responds: “Well, I think white men were 100 percent of the people that wrote the Constitution, 100 percent of the people that signed the Declaration of Independence, 100 percent of people who died at Gettysburg and Vicksburg. Probably close to 100 percent of the people who died at Normandy. This has been a country built basically by white folks in this country who are 90 percent of the entire nation—in 1960, when I was growing up, Rachel—and the other 10 percent were African-American who had been discriminated against. That’s why.” Maddow asks if he believes “there are 108 of 110 white Supreme Court justices because white people essentially deserve to have 99.5 percent of those positions? That there’s nothing—that doesn’t reflect any sort of barrier to those positions by people who aren’t white. You think that’s what they’ve—you think that’s just purely on the basis of what white people have deserved to get?”
Back to Affirmative Action - Buchanan shifts his argument and asserts that the Supreme Court should have the nine finest legal minds and scholars, regardless of race or gender. “But this one doesn’t have that. She was appointed because she’s a Latina, a Hispanic, and a woman.” Maddow counters with Sotomayor’s extensive experience, saying: “She is also the judicial nominee who has more judging experience than any judge has gone up in, say, in the past, I don’t know, what is it, 70 years? She has been an appellate court judge of some distinction for a lot longer than [Chief Justice John] Roberts was, [Justice Samuel] Alito was. I mean, it’s not like she was—she was picked out… she was like picked out of the minor leagues and brought up here, Pat.” Buchanan returns to his affirmative action argument, noting that Sotomayor agreed that she was granted admission to Princeton University because of the program. Buchanan goes farther, accusing her of receiving preferential treatment for all of her accomplishments, including her stint on the Yale Law Review and her appointment to the federal bench. Maddow, battling through Buchanan’s attempts to interrupt her, defends the affirmative action program, saying: “[W]hat our country needs is to be able to choose from the largest possible pool of talent in order to be able to pick the people who are going to have to function at the highest levels so that our country can compete and our country to do all the hard things we need do, I would hope that you would see that picking 108 out of 110 white justices… to the Supreme Court means that other people aren’t actually being appropriately considered. And the reason that you have affirmative action is that you recognize that the fact that people were discriminated against for hundreds of years in this country means that you sort of gained the system, unless you give other people a leg up.” She continues, “But, Pat, for you to argue that there’s no basis on which the United States benefits… from having Hispanics be among the people who we choose the best and brightest from defies belief.… The idea that you think we’ll best serve by only choosing among 99.9 percent white people.… [W]hen I look at the United States Supreme Court and I see 108 out of 110 white people, I see 108 out of 110 men. I’m—I don’t look at that and think, ‘God, white guys are naturally better at this type of work than other people who aren’t getting these jobs.’ I don’t think that way.… I want to hear you—I would love to hear your answer as to whether or not you think that is what explains it, too. Because, I think, what the more obvious explanation is, is that you have to be a white guy in order to get considered for these jobs and has been true since the dawn of time in this country.… That’s starting to break up now so that we can tap a bigger pool of talent. You should be happy about that for your country, Pat.” Buchanan counters that whites “are victims of this evil affirmative action policy which says in effect that everybody’s covered by the 14th Amendment and the civil rights laws unless you’re a white male and your parents and ancestors came from Europe. Then we can discriminate against you. That’s what I am against.”
Stirring 'Up Racial Animus' - Countering Buchanan’s accusations of reverse racism, Maddow says: “Pat, I couldn’t disagree with you more. I tribute—I credit you sticking to your gun. I think you’re absolutely wrong about this and I think that by advocating that the Republican Party try to stir up racial animus among white voters.… You’re dating yourself.” Buchanan says that the government should “defend the legitimate rights of white working-class folks who are the victims of discrimination, because that’s the right thing to do and because it’s the politically right thing to do.” Maddow concludes: “A lot of things divide us, Pat. Race is one of those. But there’s a lot of other ways in which we just gratify as a country, and for you to privilege race and say that what we really need to make sure we tap, politically, is white people’s racial grievances, you’re playing with fire and you’re dating yourself. You’re living in the 1950s, Pat.” [MSNBC, 7/17/2009]

Entity Tags: Samuel Alito, Patrick Buchanan, John G. Roberts, Jr, Rachel Maddow, Sonia Sotomayor, US Supreme Court

Timeline Tags: Domestic Propaganda

Sonia Sotomayor, left, is sworn in as a Supreme Court Justice by Chief Justice John Roberts, right. Her mother, Celina Sotomayor, and her brother, Juan Luis Sotomayor, look on.Sonia Sotomayor, left, is sworn in as a Supreme Court Justice by Chief Justice John Roberts, right. Her mother, Celina Sotomayor, and her brother, Juan Luis Sotomayor, look on. [Source: New York Times]The US Senate confirms Judge Sonia Sotomayor (see May 26, 2009) as Supreme Court Justice in a 68-31 vote. Nine Republicans and 59 Democrats vote for her confirmation (four of the Republicans who voted to confirm her are retiring from the Senate after the completion of their terms, and will not face questions about their vote during re-election battles). Senator Ted Kennedy (D-MA), who supports Sotomayor, did not vote due to illness. Sotomayor will be sworn in by Chief Justice John Roberts on August 8. President Obama says he is “deeply gratified” by the Senate vote, and adds, “This is a wonderful day for Judge Sotomayor and her family, but I also think it’s a wonderful day for America.” Senator Patrick Leahy closed the final day of debate over Sotomayor’s confirmation by saying: “It is distinctively American to continually refine our union, moving us closer to our ideals. Our union is not yet perfected, but with this confirmation, we will be making progress.… Years from now, we will remember this time, when we crossed paths with the quintessentially American journey of Sonia Sotomayor, and when our nation took another step forward through this historic confirmation process.” At a watch party in the Washington Court Hotel, when the final tally is announced, supporters begin chanting, “Si, se puerde,” the Spanish translation of the 2008 Obama campaign slogan of “Yes, we can.” [CNN, 8/6/2009; New York Times, 8/6/2009]

Entity Tags: Sonia Sotomayor, Barack Obama, Edward M. (“Ted”) Kennedy, US Senate, John G. Roberts, Jr, Patrick J. Leahy

Timeline Tags: Civil Liberties

MSNBC’s Rachel Maddow (l) interviews Frank Schaeffer (r).MSNBC’s Rachel Maddow (l) interviews Frank Schaeffer (r). [Source: Crooks and Liars (.com)]Frank Schaeffer, who with his late father Francis Schaeffer helped shape the social and religious conservatism that currently dominates much of American politics, writes what he calls an “inside scoop” on “why conservatives are rampaging town halls” to disrupt discussions of health care reform (see June 30, 2009, July 6, 2009, July 25, 2009, July 27, 2009, July 27, 2009, July 31, 2009, August 1, 2009, August 1, 2009, August 2, 2009, August 3, 2009, August 3, 2009, August 3, 2009, August 3, 2009, August 4, 2009, August 4, 2009, August 5, 2009, August 5, 2009, August 6, 2009, August 6, 2009, and August 6-8, 2009), and, ultimately, to deliberately foment political violence. Schaeffer was once a leader of the conservative evangelical movement who has now repudiated his former positions, and has written a book on the subject. [AlterNet (.org), 8/7/2009; MSNBC, 8/10/2009] Schaeffer’s father wrote a book, A Christian Manifesto, which compared pro-abortion policies to those of Adolf Hitler, and said that the use of force to roll back abortion law would be justified. Schaeffer himself has written a very different book, entitled Crazy for God: How I Grew Up as One of the Elects, Helped Found the Religious Right, and Lived to Take All or Almost All of It Back. [MSNBC, 6/1/2009]
Comparing Pro-Abortion Activists to Nazis - He tells MSNBC’s Rachel Maddow that his father used to compare pro-abortion activists to Nazis, and told his followers “that using violence or force to overthrow Nazi Germany would have been appropriate for Christians, including the assassination of [Adolf] Hitler.” It is a straight, short line, Schaeffer says, to go from the concept of justifiably assassinating Hitler to using violence against those who are compared to Nazis. “It’s really like playing Russian roulette,” he says. “You put a cartridge in the chamber, you spin, and once in a while it goes off. And we saw that happen with Dr. Tiller (see May 31, 2009). We’ve seen it happen numerous times in this country with the violence against political leaders, whether it’s Martin Luther King or whoever it might be. We have a history of being a well-armed, violent country.… There is a coded message here. And that is that you have a group of people who, like Rush Limbaugh (see July 21, 2009, July 27, 2009, July 28, 2009, August 3, 2009, August 4, 2009, August 6, 2009, and August 6, 2009) would rather see the president and the country fail, and their coded message to their own lunatic fringe is very simple—and that is go for broke. When you start comparing a democratically elected president, who is not only our first black president but a moderate progressive, to Adolf Hitler (see August 7, 2009), you have arrived at a point where you are literally leading—leaving a loaded gun on the table, saying the first person who wants to come along and use this, go ahead. Be our guest.” [MSNBC, 8/10/2009]
Conservative World View Shattered by Obama Election - In a separate op-ed, Schaeffer writes: “The Republican Old Guard are in the fix an atheist would be in if Jesus showed up and raised his mother from the dead: Their world view has just been shattered. Obama’s election has driven them over the edge.” Schaeffer says that when he worked with Dick Armey (R-TX), the former House Majority Leader and now lobbyist was “a decent guy, whatever his political views. How could he stoop so low as to be organizing what amounts to America’s Brown Shirts today?” He answers his own question: Armey, former House Speaker Newt Gingrich (R-GA), and others “can’t compute that their white man-led conservative revolution is dead. They can’t reconcile their idea of themselves with the fact that white men like them don’t run the country any more—and never will again. To them the black president is leading a column of the ‘other’ into their promised land. Gays, immigrants, blacks, progressives, even a female Hispanic appointed to the Supreme Court (see May 26, 2009)… for them this is the Apocalypse.… [N]ow all the the Republican gurus have left is what the defeated Germans of World War Two had: a scorched earth policy. If they can’t win then everyone must go down. Obama must fail! The country must fail!”
Using 70s-Era Anti-Abortion Protest Tactics - Schaeffer says conservative and industry lobbying firms orchestrating the anti-reform movement (see April 14, 2009, April 15, 2009, May 29, 2009, August 4, 2009, August 5, 2009, Before August 6, 2009, May 29, 2009, and August 6-7, 2009) are using the same tactics he and his father helped create for anti-abortion clinic protesters in the 1970s. He notes one lobbying organization, Armey’s FreedomWorks. “FreedomWorks represents a top-down, corporate-friendly approach that’s been the norm for conservative organizations for years,” Schaeffer writes. “How do I know this is the norm? Because I used to have strategy meetings with the late Jack Kemp (R-NY) and Dick Armey and the rest of the Republican gang about using their business ties to help finance the pro-life movement to defeat Democrats. I know this script. I helped write it. Democratic members of Congress are being harassed by angry, sign-carrying mobs and disruptive behavior at local town halls. It’s the tactic we used to follow abortion providers around their neighborhoods. ‘Protesters’ surrounded Rep. Tim Bishop (see June 22, 2009) and forced police officers to have to escort him to his car for safety. We used to do the same to Dr. Tiller… until someone killed him.” [AlterNet (.org), 8/7/2009]
Aware of Potential for Violence - In a previous interview with Maddow, Schaeffer expounded on this same topic. “[W]hat we did is we talked one game to the large public and we talked another game amongst ourselves,” he told Maddow. “And amongst ourselves, we were very radical.… I know that this is the case because of the fact that I was part of the movement, but also understood very well what we were doing back then was to attack the political issue when we talked to people like Ronald Reagan and the Bush family and Jack Kemp—the late Jack Kemp that we were very close to in all this. But on a private side, we also were egging people on to first pick at abortion clinics, then chain themselves to fences, then go to jail. We knew full well that in a country that had seen the assassination of Dr. Martin Luther King, two Kennedy brothers, and others, that what we were also doing was opening a gate here. And I think there’s no way to duck this. We live in a country in which guns are all over the place. We have plenty of people with a screw loose, plenty of people on the edge. It only takes one.” [MSNBC, 6/1/2009]
Using Lies to Obscure Facts, Disrupt Debate - The health care reform opponents are using what Schaeffer calls “[a] barrage of outright lies, wherein the Democrats are being accused of wanting to launch a massive euthanasia program against the elderly, free abortions for everyone, and ‘a government takeover’ of health care” to disrupt informed debate. Some protesters have escalated to physical violence and intimidation. Schaeffer says that just as in the 1970s, the protesters engaging in the physical violence are often “plants sent to disrupt public forums on the health care issue.… [M]uch of these protests are coordinated by public relations firms and lobbyists who have a stake in opposing President Obama’s reforms. There is no daylight between the Republican Party, the health care insurance industry, far-right leaders like Dick Armey, the legion of insurance lobbyists, and now, a small army of thugs.… No, I don’t believe that these people are about to take over the country. No, the sky is not falling. But the Republican Party is. It is now profoundly anti-American. The health insurance industry is run by very smart and very greedy people who have sunk to a new low. So has the Republican Party’s leadership that will not stand up and denounce the likes of Dick Armey for helping organize roving bands of thugs trying to strip the rest of us of the ability to be heard when it comes to the popular will on reforming health care.”
American Fascism - Schaeffer accuses the right of undermining American democracy and attempting to establish an almost-fascist control of society. “Here’s the emerging American version of the fascist’s formula,” he writes: “combine millions of dollars of lobbyists’ money with embittered troublemakers who have a small army of not terribly bright white angry people (collected over decades through pro-life mass mailing networks) at their beck and call, ever ready to believe any myth or lie circulated by the semi-literate and completely and routinely misinformed right wing—evangelical religious underground. Then put his little mob together with the insurance companies’ big bucks. That’s how it works—American Brown Shirts at the ready.” He notes that the murder of Tiller closed down his clinic, one of the few in the country that performed late-term abortions. So the murder of Tiller achieved the goal of the anti-abortion movement. “In this case a once-in-a-lifetime opportunity to save our economy from going bankrupt because of spiraling health care costs may be lost, not because of a better argument, but because of lies backed up by anti-democratic embittered thuggery. The motive? Revenge on America by the Old White Guys of the far right, and greed by the insurance industry.” Schaeffer concludes, “It’s time to give this garbage a name: insurance industry funded fascism.[AlterNet (.org), 8/7/2009]

Entity Tags: Frank Schaeffer, Francis Schaeffer, Newt Gingrich, Dick Armey, FreedomWorks, Tim Bishop, Rachel Maddow, Barack Obama

Timeline Tags: US Health Care, Domestic Propaganda, 2010 Elections

Supreme Court Justice Samuel Alito listens to President Obama’s State of the Union address.Supreme Court Justice Samuel Alito listens to President Obama’s State of the Union address. [Source: Renovo Media]President Obama sharply criticizes the recent Citizens United decision by the Supreme Court, giving corporations and unions the right to give unlimited and anonymous donations to organizations supporting or opposing political candidates (see January 21, 2010), during the annual State of the Union address. Obama gives the address to a joint session of Congress, with three Supreme Court members in attendance. “With all due deference to the separation of powers,” Obama says, “last week, the Supreme Court reversed a century of law that I believe will open the floodgates for special interests—including foreign corporations—to spend without limit in our elections. I don’t think American elections should be bankrolled by America’s most powerful interests or, worse, by foreign entities. They should be decided by the American people. And I urge Democrats and Republicans to pass a bill that helps correct some of these problems.” Democrats in the chamber applaud Obama’s remarks, while Republicans do not. In his response, Justice Samuel Alito, one of the five conservatives on the Court who joined in the majority decision, shakes his head and mouths, “Not true, not true” (some lip readers will later claim that Alito says, “That’s not true”). It is highly unusual for a president to so directly criticize a Supreme Court ruling, especially in a State of the Union address. The next day, Vice President Joe Biden defends Obama’s remarks in an appearance on Good Morning America. Biden says: “The president didn’t question the integrity of the court. He questioned the judgment of it. I think [the ruling] was dead wrong and we have to correct it.” Supreme Court expert Lucas A. Powe says, “I can’t ever recall a president taking a swipe at the Supreme Court like that.” Experts say that the closest precedent they can find is President Franklin Roosevelt’s 1937 criticism of the Court in his address to Congress. Yale law professor Jack Balkin says, “The important thing to me is that the president thinks the Citizens United decision is important enough that he would include it.” Reactions are split along ideological lines. Senator Orrin Hatch (R-UT) calls Obama “rude” to criticize the Court’s verdict. Senator Russ Feingold (D-WI) calls Alito’s reaction “inappropriate.” Legal expert Barbara A. Perry of Sweet Briar College says both Obama and Alito were in the wrong, calling the interaction “an unfortunate display for both branches.” White House deputy press secretary Bill Burton says: “One of the great things about our democracy is that powerful members of the government at high levels can disagree in public and in private. This is one of those cases.” Alito refuses to comment. Alito and Obama have a contentious history. As a senator, Obama was one of the most outspoken voices against Alito’s confirmation as a Supreme Court justice (see October 31, 2005 - February 1, 2006), saying then of Alito, “[W]hen you look at his record—when it comes to his understanding of the Constitution, I have found that in almost every case, he consistently sides on behalf of the powerful against the powerless; on behalf of a strong government or corporation against upholding American’s individual rights.” For his part, Alito snubbed the formal visit paid by Obama and Biden to the Court. [New York Daily News, 1/28/2010; Washington Post, 1/28/2010] Months later, Obama’s warning will be proven to be correct, as a media investigation will show the US Chamber of Commerce using foreign monies to fund attack ads and other political activities under the cloak of the Citizens United decision (see October 2010).

Entity Tags: Jack Balkin, Barbara A. Perry, Barack Obama, Franklin Delano Roosevelt, US Congress, US Supreme Court, Samuel Alito, Orrin Hatch, Lucas A. (“Scot”) Powe, Joseph Biden, US Chamber of Commerce, Russell D. Feingold, Bill Burton

Timeline Tags: Civil Liberties

Legatus logo.Legatus logo. [Source: ProLife Dallas (.org)]Former President George W. Bush is honored by Legatus, a Florida-based Catholic group for business and civic leaders, for his opposition to reproductive rights during his presidency. Bush receives the “Cardinal John J. O’Connor Pro-Life Award,” named for the famously anti-abortion Catholic leader. The organization notes Bush’s opposition to stem-cell research, his executive order banning the use of federal funds for abortions (see November 5, 2003), his appointment of anti-abortion advocates to the Supreme Court (see October 31, 2005 - February 1, 2006 and September 29, 2005), and his designation of January 18, 2009 as “National Sanctity of Human Life Day.” The award is given at a private meeting in Dana Point, California. The event is only open to members of Legatus and their guests, and the registration fee is $1,475 per person. A Legatus official tells a reporter: “His appearance is going to be a private appearance on behalf of our organization. He will be delivering remarks for us and all of that will be a private presentation.” Event chairperson Kathleen Eaton says: “I’ve been speaking to a number of Legatus chapters about the summit, and people are really excited. It’s been a rough year on a number of fronts and they really need this shot in the arm. They want to come together to pray and learn more about what the church is saying on different issues.” Local pro-choice and peace groups mount a protest; one organizer, Sharon Tipton, tells a reporter: “Over one million Iraqi people have been killed, mostly women and children. Bush is responsible for over 5 million new orphans, and we just found out that Bush is receiving a pro-life award? This is outrageous!” [Catholic News Agency, 1/8/2010; Orange County Weekly, 2/3/2010]

Entity Tags: Sharon Tipton, Legatus, George W. Bush, Kathleen Eaton

Timeline Tags: US Health Care

Private Lee Pray, a member of the Oath Keepers. His finger tattoo spells out ‘THOR.’Private Lee Pray, a member of the Oath Keepers. His finger tattoo spells out ‘THOR.’ [Source: Mother Jones]The progressive news magazine Mother Jones publishes a detailed examination of the Oath Keepers (see March 9, 2009), one of the fastest-growing “patriot” groups on the far right. The group was founded in April 2009 by Stewart Rhodes, a lawyer who once served as an aide to libertarian US Representative Ron Paul (R-TX). According to author Justine Sharrock, it has become “a hub in the sprawling anti-Obama movement that includes Tea Partiers, Birthers, and 912ers.” (Sharrock is referring to the burgeoning “tea party” movement, the people who believe President Obama is not an American citizen (see August 1, 2008 and After and October 8-10, 2008), and the “9/12” organization formed by lobbying organization FreedomWorks and Fox News host Glenn Beck—see March 13, 2009 and After.) Beck, MSNBC commentator Pat Buchanan (see May 28, 2009, June 20, 2009, and July 16, 2009), and CNN host Lou Dobbs have publicly praised the organization. In December 2009, a grassroots summit organized by the Oath Keepers drew lawmakers such as US Representatives Phil Gingrey (R-GA) and Paul Broun (R-GA). Sharrock’s profile is based on research and interviews with Rhodes, other Oath Keeper leaders, and ordinary members such as Private Lee Pray, who is stationed at Fort Drum, New York.
Group Made Up of Uniformed Citizens - What sets the group apart from others on the far-right fringe is that its membership is restricted to US citizens in uniform—soldiers, police officers, and veterans. At its ceremonies, members reaffirm their official oaths of service, pledging to protect the Constitution, but then go a step further, vowing to disobey “unconstitutional” orders from what they view as an increasingly tyrannical government. Pray says he knows of five fellow Oath Keepers at Fort Drum.
Preparing for Tyranny, Martial Law - He and other members are actively recruiting, arguing that under Obama, the US government is turning increasingly tyrannical and must be opposed, violently if need be. Pray says that many Oath Keepers had problems with some government policies under President Bush, but those reservations have grown with Obama’s ascension to power. Rhodes tells Sharrock: “Too many conservatives relied on Bush’s character and didn’t pay attention. Only now, with Obama, do they worry and see what has been done. Maybe you said, ‘I trusted Bush to only go after the terrorists.’ But what do you think can happen down the road when they say, ‘I think you are a threat to the nation?’” Pray, like many members, believes it will be a year at most before Obama declares martial law, perhaps under the pretext of a natural disaster or another 9/11-level terror attack, and begin detaining citizens en masse and banning interstate travel. Another Oath Keeper advises Sharrock to prepare a “bug out” bag with 39 items including gas masks, ammunition, and water purification tablets, so that she will be prepared “when the sh_t hits the fan.” Pray and his friends have a “fortified bunker” at one of their member’s parents’ home in rural Idaho, where they have stashed survival gear, generators, food, and plenty of weapons. If need be, they say, they will attack their fellow soldiers. Pray describes himself as both a “birther” and a “truther,” believing that Obama is an illegitimate president installed by a government that launched the 9/11 attacks on its own soil to drive the country further down the road towards tyranny. Pray has suffered demotion for a drinking problem, and was denied deployment to Iraq when he injured his knees in a fall. Right now his job involves operating and maintaining heavy equipment on base, and he is listed currently as “undeployable.” He and his fellow Oath Keepers on base spend their free time researching what they call the “New World Order” (see September 11, 1990) and conspiracies about detention camps. Pray is one of the few active-duty members who will agree to have his name made public; Rhodes encourages active-duty soldiers and police officers to hide their membership in the group, saying a group with large numbers of anonymous members can instill in its adversaries the fear of the unknown—a “great force multiplier,” he calls it. Pray worries that the CIA is monitoring his phone calls and insists that unmarked black cars follow him when he drives. A fellow Fort Drum Oath Keeper who only allows his first name of Brandon to be used, and who is also “undeployable” due to his own injuries, says that the off-limits areas of Fort Drum contain concentration camps. Sharrock notes that the soldiers’ behavior might be considered “paranoid,” but writes, “Then again, when you’re an active-duty soldier contemplating treason, some level of paranoia is probably sensible.”
Stewart Rhodes - Rhodes, a Yale graduate and constitutional lawyer, is working on a book currently titled We the Enemy: How Applying the Laws of War to the American People in the War on Terror Threatens to Destroy Our Constitutional Republic. He is an Army veteran who was honorably discharged after injuring his spine in a parachute jump, and worked for a time supervising interns in Ron Paul’s Congressional office. He briefly practiced law in Montana, has worked as a sculptor and a firearms instructor, and writes a gun-rights column for SWAT magazine. He describes himself as a libertarian, a staunch constitutionalist, and a devout Christian. He decided to abandon electoral politics in 2008 after Paul’s presidential bid failed, and turned instead to grassroots organizing. In college, he became fascinated with the idea that had German soldiers and police refused to follow orders in the 1930s, Adolf Hitler could have been stopped. In early 2008, he read a letter in SWAT magazine declaring that “the Constitution and our Bill of Rights are gravely endangered” and that service members, veterans, and police “is where they will be saved, if they are to be saved at all!” Rhodes responded with a column predicting a future President Hillary (“Hitlery”) Clinton turning the US into a despotism while dressed in her “Chairman Mao signature pantsuit.” He asked readers if they intended to follow this “dominatrix-in-chief,” hold militia members as enemy combatants, disarm citizens, and shoot all resisters. If “a police state comes to America, it will ultimately be by your hands,” he wrote. You had better “resolve to not let it happen on your watch.” Shortly thereafter, he set up a blog he called “Oath Keepers,” asking for testimonials from soldiers and veterans, and began gaining popularity. Military officers offered assistance. A Marine Corps veteran invited Rhodes to speak at a local tea party event. Paul campaigners provided strategic advice. In March 2009, Rhodes attended a rally staged by a pro-militia group, and in front of the crowd of some 400 participants, officially launched the Oath Keepers movement (see March 9, 2009). Buchanan and Beck have praised Rhodes, with Buchanan predicting that he “is headed for cable stardom.” Conspiracy theorist Alex Jones of Infowars.com has repeatedly featured Rhodes and the Oath Keepers on his radio talk show.
Attracts Attention of Anti-Hate Organizations - The Oath Keepers has come to the attention of anti-hate organizations such as the Anti-Defamation League and the Southern Poverty Law Center (SPLC), which have cited the group in their reports on rising anti-government extremism. Rhodes has accused the SPLC of trying “to lump us in with white supremacists and neo-Nazis, and of course make the insinuation that we’re the next McVeigh,” referring to Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Author David Neiwert, an expert on right-wing groups, tells Sharrock that it would be a mistake to term them another amalgamation of “right-wing crackpots” or “extremist nimrods,” as other press outlets have done. “[T]he reality is a lot of them are fairly intelligent, well-educated people who have complex worldviews that are thoroughly thought out,” Neiwert says. Neiwert and Sharrock tie Rhodes’s message to the much earlier views expressed by members of the now-defunct Posse Comitatus (see 1969), and note that the last reemergence of this brand of rhetoric took place during the last time a Democrat, Bill Clinton, was in the White House. Today, groups like the Oath Keepers use the Internet, particularly Facebook and YouTube, and cable news networks, to connect with like-minded citizens around the world. “The underlying sentiment is an attack on government dating back to the New Deal and before,” Neiwert says. “Ron Paul has been a significant conduit in recent years, but nothing like Glenn Beck and Michele Bachmann [R-MN] and Sarah Palin (see October 10, 2008)—all of whom share that innate animus.” While Rhodes and most Oath Keepers say they will only begin active disobedience under the delineated circumstances laid out by the group, some members have gone down their own paths of violence. Oath Keeper Daniel Knight Hayden set off a controversy last April 15 with a barrage of messages on Twitter stating his intention to “START THE KILLING NOW!” by engaging in a gun battle at the Oklahoma State Capitol and urging other Oath Keepers to join him (see April 14-15, 2009). Rhodes denounced Hayden, but Neiwert notes that Rhodes’s inflammatory and inciteful rhetoric can have what he calls “an unhinging effect” on people inclined toward violent action. “It puts them in a state of mind of fearfulness and paranoia, creating so much anger and hatred that eventually that stuff boils over.” In January, ex-Marine and Oath Keeper spokesman Charles Dyer, who beat a treason charge for advocating armed resistance to the government, was arrested on charges of raping a 7-year-old girl, and authorities found stolen military weaponry at his home; some militia groups have hailed Dyer as “the first POW of the second American Revolution,” but Rhodes removed information about him from the organization’s Web sites and now denies he was ever a member (see January 21, 2010). Rhodes says he and his Web staff are “overwhelmed” with the need to delete messages encouraging racism and violence from their blog, and recently he shut down one Internet forum because of members’ attempts to use it to recruit for militia organizations. Chip Berlet of the watchdog group Political Research Associates and an expert on far-right movements equates Rhodes’s rhetoric to yelling fire in a crowded theater. “Promoting these conspiracy theories is very dangerous right now because there are people who will assume that a hero will stop at nothing.” What will happen, he adds, “is not just disobeying orders but harming and killing.” Rhodes acknowledges that to follow through on his rhetoric could be risky, and reminds Sharrock that freedom “is not neat or tidy, it’s messy.”
Gold Standards, Muslim Rights, and Treasonous Federal Institutions - During a recent meeting at a North Las Vegas casino, Sharrock took part in discussions of whether Muslim citizens had rights under the Constitution, why the Federal Reserve was a treasonous institution, why the government should be run under Biblical law and a gold standard, and how abortion-rights advocates are part of a eugenics plan targeting Christians. The group takes no official stance on the US’s war on terror or its foreign engagements in Iraq and Afghanistan, but a recent Oath Keeper member who promoted his dual membership in the Iraq Veterans Against the War (IVAW) on the Oath Keepers blog had his post removed by Rhodes, who called the IVAW a “totalitarian” and “communist” organization.
Expanding Membership - Rhodes says the group has at least one chapter in each of the 50 states, and claims the group has some 29,000 members, not counting the ones who keep their membership off the computer lists. Volunteers are preparing a large “outreach” to soldiers serving overseas. The organization has worked hard to become a staple of tea party events, and tells tea partiers that bringing guns to those events reminds participants of their constitutional rights. The organization has made strong connections with groups such as the Constitution Party and Phyllis Schlafly’s Eagle Forum, and national figures such as Ralph Reed, the former director of Pat Robertson’s Christian Coalition, and Larry Pratt of Gun Owners of America. Elected officials such as Broun, Gingrey, Bachmann, and Steve King (R-IA) have expressed their interest in sponsoring legislation crafted by Oath Keeper leaders. [Mother Jones, 3/2010]

Entity Tags: David Neiwert, Daniel Knight Hayden, Sarah Palin, Ron Paul, Steve King, Stewart Rhodes, Timothy James McVeigh, Chip Berlet, Alex Jones, Ralph Reed, Anti-Defamation League, Charles Alan Dyer, Barack Obama, Posse Comitatus, Southern Poverty Law Center, Paul Broun, Justine Sharrock, Glenn Beck, George W. Bush, FreedomWorks, Eagle Forum, Larry Pratt, Phil Gingrey, Patrick Buchanan, Lee Pray, Mother Jones, Oath Keepers, Constitution Party, Michele Bachmann, Lou Dobbs

Timeline Tags: US Domestic Terrorism

Billionaire Donald Trump, the host of NBC’s Celebrity Apprentice and a rumored candidate for the Republican presidential nomination for 2012, makes the allegation that President Obama was a “terrible” college student who may have been admitted to the Ivy League universities of Columbia and Harvard because of his race. Trump offers no proof of the claim; it was first advanced in 2008 in a Wall Street Journal editorial that implied Obama was a “mediocre” student and demanded to see a college thesis that does not exist (see September 11, 2008). In 2009, author Jerome Corsi advanced the groundless claim that Obama was “placed” in Harvard Law School through the auspices of an African-American Muslim radical and a Saudi prince (see July 21, 2009). “I heard he was a terrible student, terrible,” Trump says. “How does a bad student go to Columbia and then to Harvard? I’m thinking about it, I’m certainly looking into it. Let him show his records.” Obama, like most politicians, has declined to release his college transcripts. Obama graduated from Columbia and then from Harvard Law School, where he graduated magna cum laude and was the first black president of the Harvard Law Review. Trump says Obama’s refusal to release his college transcripts is part of a pattern of concealing information about himself. “I have friends who have smart sons with great marks, great boards, great everything and they can’t get into Harvard,” Trump says. “We don’t know a thing about this guy. There are a lot of questions that are unanswered about our president.” Trump takes credit for “reinvigorat[ing]” the birther controversy, and boasts, “[T]he last guy [Obama] wants to run against is Donald Trump.” In his turn, Trump refuses to disclose his net worth. [NBC New York, 4/26/2011] Conservative pundit Pat Buchanan agrees, claiming on MSNBC’s Hardball that Obama only got into Harvard Law School because of “affirmative action.” Buchanan has made claims of blacks and Hispanics receiving “special treatment” because of “affirmative action” many times in the past (see May 28, 2009, May 31, 2009, June 12, 2009, June 20, 2009, July 16, 2009, and October 13, 2009). “I think the way was very probably greased, and I think he’s probably affirmative action all the way,” Buchanan says, and adds: “[L]ook… you know how the system works. You apply. He’s an African-American kid at a time where everybody’s saying: ‘Let’s bring those guys in. Give ‘em an advantage, move ‘em ahead.’” [Media Matters, 4/26/2011] Liberal pundit Keith Olbermann, writing on his personal blog, ridicules Trump’s demand to see Obama’s college transcripts, writing: “If that doesn’t work, it’ll be his list of movie rentals back in the days of VHS, or his Chicago White Sox ticket stubs to prove he really is a fan, or his laundry delivery records to make sure William Ayers or Jeremiah Wright or Karl Marx hasn’t been slipping him notes inside the suit pockets like they did in that John LeCarre spy novel.… Translated to this sorry chapter of sorry American politics, that means the Radical Right will keep the conspiracy theory going and simply change the focus.… [T]he debate has never been about whether or not Barack Obama was born in the United States of America. The debate has been about whether the Republicans could or can do by rumor, innuendo, and Fox propaganda, what they cannot do by the ballot: find the overarching ‘scandal’ with which to beat a Democratic president.” [Keith Olbermann, 4/27/2011]

Entity Tags: Jerome Corsi, Columbia University, Barack Obama, Donald Trump, Harvard University, Patrick Buchanan, Keith Olbermann

Timeline Tags: Domestic Propaganda

MSNBC suspends conservative author and commentator Pat Buchanan for racist material in his most recent book, Suicide of a Superpower (see October 18, 2011 and After). The suspension is indefinite. Buchanan has faced heavy criticism from many civil rights organizations and activists after his book was released; it contains such chapter titles as “The End of White America” and “The Death of Christian America.” The activist group Color of Change has mounted a campaign to have Buchanan suspended from the airwaves. MSNBC president Phil Griffin says that the suspension is indefinite, and will not speculate on when or if Buchanan will return to the network. Griffin says of the suspension, “When Pat was on his book tour, because of the content of the book, I didn’t think it should be part of the national dialogue, much less part of the dialogue on MSNBC.” [Raw Story, 1/7/2012; Associated Press, 1/7/2012; Mediaite, 1/7/2012] Griffin adds: “Since then [the book tour] the issue has become the nature of some of the statements in the book.… Pat and I are going to meet soon and discuss it… a decision will be made.” He calls Buchanan “a good guy,” but says “[s]ome of his ideas are alarming.” [New York Times, 1/7/2012] Buchanan has engaged in a number of racially inflammatory comments and actions in the past. In 2009, he launched a number of racially couched attacks on Supreme Court Justice Sonia Sotomayor before she was confirmed for the high court (see May 28, 2009, May 31, 2009, and June 12, 2009); in one attack on Sotomayor, he asserted that America was “a country built basically by white people” (see July 16, 2009). That same year, he took part in a political event along with a number of white supremacist figures (see June 20, 2009). Buchanan has repeatedly argued that President Obama is an “affirmative action” president, whose every success can be traced to that program in some form (see October 13, 2009). Buchanan has spoken at events sponsored by the openly white supremacist political party American Third Position (see October 15, 2009 and After). Recently Buchanan apologized for calling Obama “your boy” on an MSNBC talk show hosted by Joe Scarborough. Buchanan first gained public notice with the racially fueled remarks and programs he began as a young communications aide in the Nixon administration (see April 1969). [Raw Story, 1/7/2012; Associated Press, 1/7/2012; Mediaite, 1/7/2012] Color of Change issues the following statement: “ColorOfChange.org welcomes MSNBC’s decision to indefinitely suspend Pat Buchanan. However, it’s time for MSNBC to permanently end their relationship with Pat Buchanan and the hateful, outdated ideas he represents. We appreciate this first step and urge MSNBC to take the important final step to ensure that their brand is no longer associated with Buchanan’s history of passing off white supremacy ideology as mainstream political commentary.” [Raw Story, 1/7/2012]

Entity Tags: MSNBC, American Third Position, Patrick Buchanan, Joseph Scarborough, Sonia Sotomayor, Phil Griffin, Barack Obama, Color Of Change

Timeline Tags: Domestic Propaganda

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike