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Profile: Orrin Hatch
Orrin Hatch was a participant or observer in the following events:
When Supreme Court Justice Thurgood Marshall, the first and only African-American to serve on the Court, announces his retirement, the Bush administration is ready with a far more conservative replacement. President Bush himself is already under fire for previously naming a moderate, David Souter, to the Court, and Bush is determined to give his conservative base someone they can back. Although Bush had wanted to nominate an appropriately conservative Hispanic, his eventual nomination is Clarence Thomas, who is completing his first year as a judge on the DC Court of Appeals. Thomas has two qualifications that Bush officials want: like Marshall, he is African-American; unlike Marshall, he is as conservative a jurist as Antonin Scalia (see September 26, 1986) or Robert Bork (see July 1-October 23, 1987). Two of former President Reagan’s closest legal advisers, C. Boyden Gray and Lee Liberman (a co-founder of the conservative Federalist Society), privately call Thomas “the black Bork.” Bush calls Thomas “the most qualified man in the country” for the position. [New York Times, 7/2/1991; Dean, 2007, pp. 146-153] During the July 2 press conference to announce Thomas’s nomination, Bush says: “I don’t feel he’s a quota. I expressed my respect for the ground that Mr. Justice Marshall plowed, but I don’t feel there should be a black seat on the Court or an ethnic seat on the Court.” For his part, Thomas extols his upbringing as a desperately poor child in Georgia, crediting his grandmother and the nuns who taught him in Catholic schools as particular influences on his life and values. Republican senator Orrin Hatch says that opposing Thomas will be difficult: “Anybody who takes him on in the area of civil rights is taking on the grandson of a sharecropper.” [New York Times, 7/2/1991] However, the non-partisan American Bar Association’s recommendation panel splits on whether Thomas is qualified or not, the first time since 1969 the ABA has failed to unanimously recommend a nominee. Twelve panelists find Thomas “qualified,” two find him “not qualified,” and none find him “well qualified.” One senior Congressional aide calls the assessment of Thomas “the equivalent of middling.” [New York Times, 8/28/1991; Dean, 2007, pp. 146-153] In 2007, former Nixon White House counsel John Dean will write, “For the president to send a nominee to the Supreme Court with anything less than a uniformly well-qualified rating is irresponsible, but such decisions have become part of the politicization of the judiciary.” Thomas, himself a beneficiary of the nation’s affirmative action programs, opposes them, once calling them “social engineering;” he has no interest in civil rights legislation, instead insisting that the Constitution should be “color-blind” and the courts should stay out of such matters. Civil rights, women’s rights, and environmental groups are, in Dean’s words, “terrified” of Thomas’s nomination. To overcome these obstacles, the Bush administration decides on a strategy Dean calls “crude but effective… us[ing] Thomas’s color as a wedge with the civil rights community, because he would pick up some blacks’ support notwithstanding his dismal record in protecting their civil rights. [New York Times, 7/2/1991; Dean, 2007, pp. 146-153] The nomination of an African-American quells some of the planned resistance to a conservative nominee promised by a number of civil rights organizations. [New York Times, 7/2/1991] Three months later, Thomas will be named to the court after a bitterly contentious brace of confirmation hearings (see October 13, 1991).
Entity Tags: Orrin Hatch, US Supreme Court, Lee Liberman, Robert Bork, John Dean, Thurgood Marshall, David Souter, American Bar Association, Bush administration (41), Antonin Scalia, George Herbert Walker Bush, Clayland Boyden Gray, Clarence Thomas
Timeline Tags: Civil Liberties
The conservative supporters of Supreme Court nominee Clarence Thomas (see October 13, 1991) ferociously respond to charges of sexual harassment against Thomas (see October 8, 1991 and October 11-12, 1991) by former employee Anita Hill. According to David Brock, a right-wing reporter who will write a scathing “biography” of Hill after the hearings, Thomas’s supporters quickly devise a strategy to counter the charges. They decide to portray the entire affair as a conspiracy by liberals to besmirch Thomas in order to keep a conservative off the Court. A team of Federalist Society lawyers works feverishly to find, or concoct, evidence to discredit Hill. One of the most effective counters comes from a story which Hill related to the committee, that Thomas had once turned to her and asked, “Who put this pubic hair on my Coke?” Federalist Society member Orrin Hatch (R-UT), a member of the Senate Judiciary Committee, is told by a staff member that a similar scene involving pubic hair and a glass of gin appears in the novel The Exorcist, and accuses Hill of lifting the scene from the novel and retelling it for her story of harassment. [Dean, 2007, pp. 146-153] Hatch also accuses Hill of working with “slick lawyers” in a conspiracy to destroy Thomas’s nomination. Thomas supports that view; when asked if he believed Hill fabricated her story, Thomas replies, “Some interest groups came up with this story, and this story was developed specifically to destroy me.” [Time, 10/21/1991] Fellow committee member Arlen Specter (R-PA) excoriates Hill in a long and brutal round of questioning, at one point accusing her of perjury. He even submits a psuedo-psychological analysis of Hill to the committee that portrays her as imagining the events she is testifying towards. Committee member Alan Simpson (R-WY) suggests that he has damaging information about Hill’s own sexual proclivities, although he never provides that material for examination. Four witnesses testify to the accuracy of Hill’s charges; a string of character witnesses testify on behalf of Thomas. [Dean, 2007, pp. 146-153] One of them testifies that he believes Hill was “unstable” and indulged in romantic fantasies about him. [Time, 10/21/1991] Democratic chairman Patrick Leahy (D-VT) and other committee Democrats do virtually nothing to defend Hill. Not only do they allow their Republican colleagues to “savage her,” in Dean’s words, but they refuse to release evidence they have compiled that supports Hill’s charges, including records of Thomas’s regular purchase of pornography and the statements of numerous other witnesses who have given statements in support of Hill, two even stating that they were also harassed by Thomas. They also fail to tell the committee that Hill has passed a polygraph test about her allegations. [Dean, 2007, pp. 146-153]
CIA agent Richard Hirschfeld sends large amounts of weapons to Iraqi government officials, apparently at the behest of his CIA superiors. Hirschfeld, already a convicted criminal, is facing federal charges of wire fraud, arms peddling, drug running, and more. While he is trying to prove that everything he did was authorized by the CIA, he also works to leave the impression that he is a man of money and influence. He drives around Richmond and Norfolk, Virginia, and Fort Lauderdale, Florida, his bases of operations, in a yellow Rolls-Royce, spends a lot of time on the phone with Senator Orrin Hatch (R-UT), and tells people he is boxer Muhammad Ali’s lawyer. Hirschfeld has been exchanging Colombian cocaine and marijuana for arms in Panama—Soviet-made small arms, automatic weapons, and hand grenades captured by Israel in the 1967 and 1973 wars with Syria and cached since then. According to investigative reporter Nat Bynum: “the drugs went to the US and the bills of lading said the arms were going to General [Augusto] Pinochet in Chile, but they weren’t. A guy from Chile was shipping them straight to Iraq, to Saddam Hussein’s army.… Richard said he’d done it all for the CIA.” It is unclear whether Hirschfeld is telling the truth about working under CIA orders with the arms shipments. [Kolb, 2007, pp. 163]
Senator Orrin Hatch (R-UT), a member of both the Senate Intelligence and Judiciary Committees, says he has just been “briefed by the highest levels of the FBI and of the intelligence community.” He says, “They’ve come to the conclusion that this looks like the signature of Osama bin Laden, and that he may be the one behind this.” [Salon, 9/12/2001]
Senator Orrin Hatch (R-UT) tells the Associated Press that the US government has been monitoring Osama bin Laden’s communications electronically, and overheard two bin Laden aides celebrating the successful terrorist attack: “They have an intercept of some information that included people associated with bin Laden who acknowledged a couple of targets were hit.” [Associated Press, 9/12/2001; ABC News, 9/12/2001] Defense Secretary Donald Rumsfeld publicly denounces the report, not as untrue, but as an unauthorized release of classified information. [Department of Defense, 9/12/2001]
The Associated Press reports that both Republicans and Democrats have expressed outrage that Nabil al-Marabh was deported in January 2004 (see January 2004). Several senators have written letters to Attorney General John Ashcroft, demanding an explanation. Sen. Charles Grassley (R-IN) states that the circumstances of al-Marabh’s deportation—who was “at one time No. 27 on the [FBI] list of Most Wanted Terrorists”—are “of deep concern and appear to be a departure from an aggressive, proactive approach to the war on terrorism.” Sen. Patrick Leahy (D-VT) wrote to Ashcroft, “The odd handling of this case raises questions that deserve answers from the Justice Department.… Why was a suspected terrorist returned to a country that sponsors terrorism? We need to know that the safety of the American people and our strategic goals in countering terrorism are paramount factors when decisions like this are made.” Sen. Charles Schumer (D-NY) says, “It seems that pursuing a military tribunal, a classified criminal trial, or continued immigration proceedings would have made more sense than merely deporting a suspected terrorist.” Sen. Orrin Hatch (R-UT) has also made inquiries into the case. Prosecutors in several US cities sought to bring criminal cases against al-Marabh and a US attorney in Chicago drafted an indictment against him, which he apparently was not allowed to pursue (see January-2002-December 2002). [Associated Press, 6/30/2004] Apparently, no explanation from Ashcroft is ever given. The 9/11 Commission Final Report, released a couple of months later, will fail to mention al-Marabh at all.
Former White House counsel Alberto Gonzales is confirmed as attorney general by the Senate on a generally party-line vote of 60-36, one of the smallest margins of confirmation in Senate history. Gonzales’s confirmation hearings (see January 6, 2005 and January 6, 2005) have been the source of great controversy, with Senate Democrats accusing him of being deliberately evasive, obfuscutory (see January 17, 2005), and even obtuse during questioning, but with a solid Republican majority, Democrats have little ability to do anything to interfere with Gonzales’s ascension to power. [Savage, 2007, pp. 213] Senator Christopher Dodd (D-CT) explains his opposition to Gonzales: “What is at stake here is whether he has demonstrated to the Senate of the United States that he will discharge the duties of the office to which he’s been nominated, specifically whether he will enforce the Constitution and the laws of the United States and uphold the values upon which those laws are based. Regrettably, and disturbingly in my view, Alberto Gonzales has fallen short of meeting this most basic and fundamental standard.” Dodd adds that Gonzales “has endorsed, unfortunately, the position that torture can be permissible.” Fellow Senator Richard Durbin (D-IL) adds: “At the very least Mr. Gonzales helped to create a permissive environment that made it more likely that abuses would take place. You could connect the dots from the administration’s legal memos to the Defense Department’s approval of abusive interrogation techniques for Guantanamo Bay to Iraq and Abu Ghraib.” Republicans are incredulous that Democrats would oppose Gonzales’s candidacy, and imply that their opposition is racially based. “Is it prejudice?” asks Senator Orrin Hatch (R-UT). “Is it a belief that a Hispanic-American should never be in a position like this because he will be the first one ever in a position like this? Or is it because he’s constantly mentioned for the Supreme Court of the United States of America? Or is it that they just don’t like Judge Gonzales?” Senator Mel Martinez (R-FL) says: “This is a breakthrough of incredible magnitude for Hispanic-Americans and should not be diluted by partisan politics. Judge Gonzales is a role model for the next generation of Hispanic-Americans in this country.” [Fox News, 2/4/2005] When Gonzales is sworn in on February 14, President Bush will use the occasion to urge Congress to renew the controversial USA Patriot Act (see February 14, 2005). [Deseret News, 2/15/2005]
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
John Dean. [Source: Truthdig.com]Nixon White House counsel and Watergate veteran John Dean says that President Bush’s domestic spying program is worse than anything his former boss, Richard Nixon, did while he occupied the Oval Office. Testifying before the Senate Judiciary Committee during a hearing on Senator Russ Feingold’s (D-WI) motion to censure Bush over the program (see March 12, 2006 and After), Dean says Bush “needs to be told he cannot simply ignore a law with no consequences.” Republican committee leaders grudgingly agreed to hold the hearing over the censure motion, but dismiss the motion as little more than an election-year stunt designed by Democrats to, in committee member Orrin Hatch’s (R-UT) words, “weaken the commander in chief” in a time of war. Feingold’s measure, if passed, would condemn Bush’s “unlawful authorization of wiretaps of Americans within the United States without obtaining the court orders required” by the Foreign Intelligence Surveillance Act (FISA). The measure has little chance of passing, with even most Senate Democrats refusing to get behind the resolution. “To me, this is not really and should not be a partisan question,” Dean says. “I think it’s a question of institutional pride of this body, of the Congress of the United States.… [T]he president needs to be reminded that separation of powers does not mean an isolation of powers.” Dean has previously suggested, in his book Worse Than Watergate and in op-eds, that Bush may deserve impeachment over the surveillance program. [Associated Press, 3/31/2006]
Senate Democrats and Republicans spar over the just-released Senate Intelligence Committee report about the Bush administration’s use of intelligence in the run-up to war with Iraq (see June 5, 2008). However, no Democrat pushes for criminal charges against any White House officials, and administration officials dismiss the report as “old news.” Committee chairman John D. Rockefeller (D-WV) says of the report: “The tragic fact is, on issues of war and peace, which should require the most meticulous and the most precise adherence to the truth, the administration was too often careless with its words, including in some cases making presentations that were not substantiated by the available intelligence—or worse, directly contradicted by the available intelligence. The administration went well beyond what the intelligence community knew and what it believed.” Rockefeller says pushing for criminal charges would be pointless and would completely shut down already-strained relations between Congress and the White House. “It would mean nothing else, whether it’s clean air or FISA, would get done,” he says. “It’s like pressing for impeachment. It’s a grand act with only five or six months to go. It’s a futile act and it’s a wrong act, because we do have business to do.” Interestingly, Rockefeller acknowledges that charges should be brought, saying: “Should it be done in the wide sweep of history? Yes. Should it be done by us, now? No.” Senator Sheldon Whitehouse (D-RI) says, “It rots the very fiber of democracy when our government is put to these uses.” White House press secretary Dana Perino says that the report actually vindicates the administration in some areas, and in others merely rehashes old claims that the administration has already acknowledged and “taken measures to fix.” Republican committee member Christopher “Kit” Bond (R-MO) calls the report “political theater… that makes partisan points but isn’t grounded in fact,” and adds: “I don’t know why they’re trying to run against the Bush administration. Maybe they think it’s good. But unfortunately it denigrates the process of intelligence collection, analysis and oversight and that’s why it’s a very shabby example of how partisan politics can be misused in the intelligence community.” Former counterterrorism chief Richard Clarke says there must be some accountability: “I just don’t think we can let these people back into polite society and give them jobs on university boards and corporate boards and just let them pretend that nothing ever happened when there are 4,000 Americans dead and 25,000 Americans grievously wounded, and they’ll carry those wounds and suffer all the rest of their lives.” Progressive commentator Arianna Huffington calls the report “a direct rebuke to the administration’s continued claims that it was the intelligence that was faulty, and that Bush and Co. were simply presenting what the CIA had given them.… The report doesn’t use the word, but we all know what it’s called when someone presents something as fact that’s directly contradicted by the evidence. A lie. Not a mistake. A lie.” [Hill, 6/5/2008; Huffington Post, 6/9/2008]
The CIA should have immediately fired Andrew Warren, an officer accused of date rape (see September 2007 and February 17, 2008), says Leon Panetta, the nominee to head the agency. Panetta makes the comments at a confirmation hearing before the Senate Intelligence Committee. Although prosecutors have not yet charged Warren, Panetta says: “The level of behavior involved in this situation, I think is so onerous that the person should have been terminated. And we have the responsibility, as director of the CIA, to implement that kind of termination.” Warren will actually be fired some time in the next few weeks (see Shortly After March 20, 2009). Panettta also says that the current management’s decision not to notify Congress of the case when it came to light last October was incorrect. “I think that was wrong,” says Panetta in answer to a question from committee chair Dianne Feinstein (D-CA), who first learned of the Warren case from ABC News. When asked by Senator Orrin Hatch (R-UT), Panetta also says that the case was a “significant intelligence matter,” which triggers automatic reporting standards to Congress. He adds: “My understanding is that first information about this actually came to our attention some time back in October. And I think that was the time to have briefed Congress.” [ABC News, 2/6/2009]
Americorps/VISTA logo. [Source: Americorps]Congress sends the Edward M. Kennedy Serve America Act to President Obama, who will sign the act into law sometime in April. The bill passed both houses of Congress with large majorities. Senator Orrin Hatch (R-UT), who co-sponsored the Senate legislation, says the bill is “probably the most bipartisan bill we will see on the Senate floor this year.” House Republicans wrote in the House committee report: “[W]e applaud the inclusion of reforms that Committee Republicans have long championed to ensure that recipients of taxpayer funds are held accountable for results. We are pleased to join with the Majority in supporting bipartisan efforts to strengthen the national service laws and improve service delivery throughout the country.” The bill provides for the expansion of the AmeriCorps program from 75,000 to 250,000, creating new groups of volunteers focusing on health care, education, renewable energy, and veterans, and reauthorizing such AmeriCorps organizations as VISTA (Volunteers in Service to America) and the National Civilian Community Corps. The Kennedy Act also calls for awarding college students who complete a full-time national service job an “educational award having a value equal to the maximum amount of a Federal Pell Grant.” AmeriCorps says this would increase the amount its members receive upon completion of service from $4,725 to $5,350, which they can use to pay for school or pay back student loans. First Lady Michelle Obama says the bill is of particular concern to her, as volunteerism is one of her priorities. The legislation was originally known as the “Generations Invigorating Volunteerism and Education (GIVE) Act,” but senators renamed it in honor of ailing Senator Edward Kennedy (D-MA), who helped craft the bill. Kennedy says of its final passage in the House of Representatives: “Today’s House vote again demonstrates the high priority Congress gives to encouraging citizens of all ages in all communities across America to participate in public service. This legislation will enable many more Americans to do something for their country to meet the many challenges facing us. I look forward to the president signing this bill into law so that a welcome new era of national and community service can begin.” The bill also establishes September 11 as a national day of service. [New York Times, 3/31/2009; Annenberg Political Fact Check, 3/31/2009]
'Re-Education Camps' - Some Republican lawmakers, along with a variety of conservative pundits and radio show hosts, have claimed that the bill is far more sinister than it seems. House Representative Michele Bachmann (R-MN) says the bill will allow the Obama administration to create what she calls “re-education camps for young people…” Bachmann tells a Minnesota radio audience: “It’s under the guise of—quote—volunteerism. But it’s not volunteers at all. It’s paying people to do work on behalf of government.… I believe that there is a very strong chance that we will see that young people will be put into mandatory service. And the real concerns is that there are provisions for what I would call re-education camps for young people, where young people have to go and get trained in a philosophy that the government puts forward and then they have to go to work in some of these politically correct forums. [Minnesota Independent, 4/6/2009] The Annenberg Public Policy Center’s FactCheck.org receives numerous letters asking questions such as: “Is Congress creating a mandatory public service system? Are participants not allowed to go to church?” One writer tells FactCheck: “I have been getting all kinds of e-mails from people claiming that bill calls for mandatory service and in violation of our 13th amendment, and that I should call my congressman and tell them that this bill is modern day slavery. I have also received e-mails saying that service would still be voluntary and that the bill is just expanding current volunteer opportunities.… There is a lot of confusion out there right now regarding this very important legislation and was hoping you guys could shed some light.”
Debunking Claims - FactCheck reports, “The national service bill does not mandate that youth must participate nor does it forbid anyone who does participate from going to church.” It notes that many conservative pundits and bloggers have claimed that the bill “requires the government to draw up plans for a ‘mandatory service requirement for all able young people.’ Others say the bill forbids participants from attending church. These claims are false. Neither the House-passed bill nor the Senate-passed version says these things.”
'Mandatory Service Requirement?' - Bachmann and others have also claimed that the bill provides for a “mandatory service requirement for all able young people,” but that provision is not in any version of the bill. The original House bill did advance that as an idea worthy of study, and called for a “Congressional Commission on Civil Service” to “address and analyze” several topics, including “issues that deter volunteerism” and how they can be overcome, how expanding international public service might affect diplomacy and foreign relations, and “[w]hether a workable, fair, and reasonable mandatory service requirement for all able young people could be developed, and how such a requirement could be implemented in a manner that would strengthen the social fabric of the Nation.” The proposed commission would also investigate “[t]he need for a public service academy, a 4-year institution that offers a federally funded undergraduate education with a focus on training future public sector leaders.” However, that entire section was removed from the final bill. Hatch has confirmed that the bill contains no such provisions, saying on the floor of the Senate: “Consistent with our All-Volunteer Army and volunteer opportunities and individuals’ choice in communities, nothing in this legislation is mandatory. This bill simply provides more Americans more choices and opportunities to give back to their neighborhoods and their country all through the means which they freely choose.” The bill does provide for the inclusion of service-learning programs in public schools.
Church Attendance Prohibited? - Perhaps the most inflammatory claim is the one promulgated on conservative blogs and talk radio shows claiming that the bill would prohibit volunteers from attending church. FactCheck notes that such a provision “would be an incredibly draconian law—and a clear violation of the First Amendment right to freedom of religion, upon which this country was founded…” The claim seems to originate from the Jonas Clark Ministries, which has made Web postings and sent out mass e-mails claiming that the language of section 125 of the bill “prohibited activities and ineligible organizations,” and as such volunteers would be prohibited from attending church. The bill makes no such prohibition. It does, however, says that national service volunteers cannot attempt to “influence legislation,” organize “protests, petitions, boycotts or strikes,” promote “union organizing,” engage in “partisan political activities, or other activities designed to influence the outcome of an election to any public office,” and engage in “religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization.” The language is virtually identical to what AmeriCorps and Senior Corps has told their volunteers for years. FactCheck writes: “In other words, public service activities can’t include anything overtly religious or political. And this is nothing new.” AmeriCorps spokesman Sandy Scott later tells FactCheck: “Both House- and Senate-passed bills codify long-standing regulatory restrictions on engaging in certain activities while ‘on-duty’ as an AmeriCorps member. They do not cover what individuals do on their own time at their own initiative.” [Annenberg Political Fact Check, 3/31/2009]
Entity Tags: Edward M. Kennedy Serve America Act, Edward M. (“Ted”) Kennedy, Annenberg Public Policy Center, AmeriCorps, Volunteers in Service to America, Barack Obama, Senior Corps, Orrin Hatch, Michelle Obama, Michele Bachmann, National Civilian Community Corps, Sandy Scott, Obama administration, Jonas Clark Ministries
Timeline Tags: Domestic Propaganda, 2010 Elections
Former House Speaker Newt Gingrich (R-GA) says that because Supreme Court nominee Sonia Sotomayor (see May 26, 2009) is what he calls a “Latina woman racist,” she should immediately withdraw her nomination. Gingrich bases his remark on a 2001 comment by Sotomayor in which she said she “hopes 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” (see October 26, 2001). Sending a text message on Twitter, Gingrich writes: “Imagine a judicial nominee said, ‘My experience as a white man makes me better than a Latina woman.’ New racism is no better than old racism.” He follows with another message: “White man racist nominee would be forced to withdraw. Latina woman racist should also withdraw.” Republican National Committee (RNC) media chairman Todd Herman quickly “retweets” Gingrich’s message, which usually signifies agreement with the message, but the RNC will refuse to say whether or not it officially endorses Gingrich’s comment. White House press secretary Robert Gibbs replies that Gingrich is probably not the best source of information or guidance on the issue, and warns against excessive rhetoric: “I think it is probably important for any involved in this debate to be exceedingly careful with the way in which they’ve decided to describe different aspects of the impending confirmation. I think we’re satisfied that when the people of America and the people of the Senate get a chance to look at more than just the blog of a former lawmaker that they’ll come to the same conclusion that the president did.” [Think Progress, 5/27/2009; Plum Line, 5/27/2009; Washington Times, 5/28/2009] Orrin Hatch (R-UT), who sits on the Senate Judiciary Committee, refuses to align himself with Gingrich’s characterization. Asked about Gingrich’s remark, Hatch says, “No, I don’t agree with that.” [Think Progress, 5/27/2009] Days later, Gingrich will appear to withdraw the “racist” characterization, although he will go on to accuse Sotomayor of “betray[ing]” the “American system” of law (see June 3, 2009).
Senator Orrin Hatch (R-UT) says the Senate should not pass a health care reform bill unless it garners “bipartisan” support. Hatch goes on to say that such a bill would not be bipartisan unless it could win “somewhere between 75 and 80 votes.” Two of Hatch’s colleagues, Charles Grassley (R-IA) and Mike Enzi (R-WY), have made similar statements, with Enzi demanding “a bill that 75 or 80 senators can support.” Progressive news and advocacy Web site Think Progress notes that all three senators have made very different claims in the past:
In 2001, all three boasted that then-President Bush’s $1.35 trillion tax-cut bill was “built upon bipartisanship” after it passed the Senate with 58 votes.
In November 2003, after the Senate passed a prescription drug plan for seniors that was heavily favored by pharmaceutical firms, Grassley praised himself as the “lead Senate architect of the bipartisan legislation.” The bill passed with 54 votes.
In 2005, Senate Republicans harshly criticized Senate Democrats for filibustering seven of President Bush’s 205 nominees to the federal judiciary. Hatch and Grassley argued strongly against those nominees needing to be confirmed by a 60-vote “supermajority.” Hatch called the filubuster “unconstitutional,” and Grassley described judicial filibusters as “an abuse of our function under the Constitution.” [Fox News, 8/20/2009; Think Progress, 8/20/2009]
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
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