Tag Archives: Arizona

A Threat To Women And Workers


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What you Need To Know About Today’s Supreme Court Rulings

The Supreme Court issued two important rulings this morning: one that makes it harder for women to exercise their right to choose, and a second that effectively eliminates a President’s ability to make recess appointments and could imperil unions down the road as a consequence. The remaining decisions this session are expected to come next Monday, including Hobby Lobby (can owners of a for-profit, secular corporation impose their religious beliefs on their employees?) and Harris v. Quinn (are public sector unions’ fair share fees that ensure all employees, regardless of whether they are members of the union, receive the collectively bargained-for benefits constitutional?)

The decisions today were both handed down unanimously by the High Court. Here’s more on what the implications are for each:

McCullen v. Coakley

The decision: The Court struck down a Massachusetts’ law establishing a 35-foot buffer zone around abortion providers, ruling in favor of anti-choice protesters who argued that being required to stay that far away from clinic entrances is a violation of their freedom of speech. The decision rolls back a proactive policy intended to safeguard women’s access to reproductive health care in the face of persistent harassment and intimidation from abortion opponents.

The argument: The Justices argue that the 35-foot zone in the Massachusetts law restricts “access to ‘public way[s]‘ and ‘sidewalk[s],’ places that have traditionally been open for speech ac­tivities.” Therefore, the opinion states, the law burdens “substantially more speech than necessary to achieve the Commonwealth’s asserted interests.” The justices do not categorically deny the right for states to set up buffer zones protecting abortion clinics, but do effectively remove the Massachusetts law and threaten other similar safety measures around the country.

The implications: The decision is a blow to women. Since 1993, eight clinic workers have been murdered. There have been 6,400 reported acts of violence against abortion providers since 1977. According to the National Abortion Federation (NAF), which closely tracks threats and violence against abortion providers across the country, buffer zones have had a measurable impact improving safety in the areas where they’re in place.

BOTTOM LINE: The Supreme Court itself has a buffer zone around it’s 252-by-98-foot plaza, preventing protesters from demonstrating too close to the entrance. Surely it can see the need for abortion clinics, the subject of frequent and sometimes violent intimidation from their opponents, to have a reasonable buffer zone as well.

National Labor Relations Board v. Noel Canning

The decision: The Court effectively eliminated the president’s power to make recess appointments in all but the most unusual circumstances. It limits the president’s constitutional duty to appoint leaders that keep our country working for all Americans, from making sure our elections are fair to protecting workers’ and consumer rights.

The argument: Prior to Noel Canning, a federal appeals court — the highest legal authority to weigh in on the question — confirmed that a president does indeed have the power to make recess appointments. Specifically, it ruled that sham sessions known as “pro forma” sessions held by the Senate every three days in order to defeat a president’s attempts to make these appointments were in fact not enough to stop him. Every single justice on the Supreme Court, however, disagreed with that ruling and voted against recess appointments today, although the Court split 5-4 on rationale. Five justices, overturning the appeals court, opined that these “pro forma” sessions were in fact enough to block a president from making recess appointments because “the Senate is in session when it says it is.” The four conservative justices went even further, with an opinion that could have retroactively invalidated thousands of recess appointments made by presidents past if it had garnered just one more vote.

The implications: The impact of this ruling goes beyond a legal technicality. President Obama took the risk of making recess appointments in the first place to fill a minimum number of seats on the National Labor Relations Board, a government agency with exclusive authority to enforce much of federal labor law. NLRB members serve five year terms, and unless at least three seats on the board are occupied, it is powerless to act. Therefore, the fullest impact of this decision will likely be felt in 2018, when the five year terms of the NLRB’s current slate of members expire. Even if the president at that time supports allowing federal labor law to function in 2018, he or she will be unable to keep the NLRB functioning if a majority of the Senate is determined to shut down federal labor protections.

More broadly, the decision underscores the importance of the Senate’s action last November to allow executive nominees to receive an up or down confirmation vote. Without last year’s change to the Senate rules, today’s decision would have empowered a small, but vocal minority, to use arcane procedure to block the government from being able to function properly.

BOTTOM LINE: In a technical ruling, the Supreme Court took away the president’s power to make recess appointments. While today’s court decision will have little immediate impact, its long-term effects remain unclear and could threaten the rights of workers across the country if the NLRB is dismantled. The House and Senate must find new ways to ensure that the politics of obstruction and shutdown do not limit the ability of our nation to function properly.

Stay tuned for more Court decisions on Monday. If you are in the Washington, D.C. area, RSVP to join a rally hosted by NARAL in front of the Supreme Court that morning.

Bosses vs birth control


This week on “The Good Fight” podcast: an inside account of the Supreme Court’s hearings on the case that could give corporate CEOs the right to deny birth control coverage to their employees.

Irin Carmon, the brilliant reporter for MSNBC.com, was there in the courtroom as the justices hashed out Hobby Lobby v. Sebelius—and then walked across the street to our studio in D.C. to tell us exactly how it went down.

Her story made me laugh, it made my blood boil a little bit … and it made me very excited about sharing this episode. If you’ve ever benefited from birth control yourself, you’ll definitely want to hear it: Click here to open the podcast on iTunes (and be sure to subscribe)!

Or you can listen on our website, via the Stitcher app for Android or iOS, or via RSS.

 

Guess how many justices were distinctly unenthusiastic about corporations getting to impose religious views on their employees’ birth control decisions?

Here’s a hint: There are three women on the Supreme Court.

You’ll hear what it’s like to sit inside the court during a historic case, and you’ll learn about what’s at stake. Plus, in this episode, you’ll hear updates on progressive fights from coast to coast in “The Good Fight’s Win Report.” If you’ve never listened to “The Good Fight,” this is a great place to start—this one’s short, sweet, and full of positive energy.

Click to hear the podcast on iTunes! And if you like it … subscribe!

Or check it out on the “The Good Fight” website.

If it seems to you like your CEO’s religious freedom shouldn’t affect what you can do with your own body, you’re not alone. In fact, one of the many great provisions in the Affordable Care Act is based on exactly that idea. It’s now under attack, like so many of the rights and freedoms that we’ve fought for over the years. And to fight back, the first step is knowing what’s happening. The second step? Spreading the word.

Thanks for all you do!

–Ben Wikler

P.S. New to podcasts? Welcome! A podcast is a prerecorded radio show, distributed through the Internet. You can listen on your computer on our website or through iTunes, or on your phone (through iTunes for iPhones, or Stitcher for Androids).

We launched “The Good Fight” in partnership with MoveOn a few months ago to tell the inside stories of fights that matter, and inspire people to get involved. If you like the program, please subscribe, post a review, and drop us an email at show@thegoodfight.fm.

since when is a Corporation a person ? Since the Roberts Court


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The Roberts Court Sides With Corporations And CEOs Over Average Citizens

The Supreme Court’s final decisions of the term came today, and in the now established tradition of the Roberts Court, they strike another blow to working Americans. In Harris v. Quinn, the five conservative justices undermined public sector unions by barring homecare workers in Illinois from collecting fair share fees to ensure that everyone shares in the cost of bargaining. And in the closely watched Hobby Lobby case, the same five male justices gave unprecedented power to for-profit employers to make health care decisions for their female employees.

Both rulings were handed down from a split court along ideological lines. The majority opinions for both were authored by Justice Samuel Alito, who is considered to be the most business-friendly justice ever; number two is his colleague, Chief Justice John Roberts.

Here’s a little chart that demonstrates how business interests are racking up the Supreme Court wins in the Roberts Court more than ever before:

scotus-chamber

Let’s go through each case where the court chose to trample on the rights of the people at the expense of the powerful:

Harris v. Quinn

Public sector unions bargain on behalf of all of their workers — even if a particular worker does not belong to the union. Typically, non-members pay a fair share fee to ensure all employees, regardless of whether they are members of the union, receive the collectively bargained-for benefits. In Harris v. Quinn, the Roberts court ruled 5-4 that some Illinois home-care workers who did not want to join the union but still saw their wages rise thanks to collective bargaining are exempt from having to pay those fees. The decision weakens the ability for public sector unions to bargain on behalf of their workers. When staffing and safety decisions are taken out of the hands of the first responders that know them best and put into the hands of politicians and corporate CEOs, that makes us all less safe.

The court did not go as far as to entirely agree with the anti-union plaintiffs; the plaintiffs sought to essentially end unions as we know them by arguing that it is unconstitutional to require any non-union members to pay to reimburse unions that bargain on their behalf. By contradicting previous rulings and acting in an activist manner, however, the court left the door open to future rulings that further weaken unions, hurt middle class workers and put more power in the hands of corporations and CEOs.

That makes it more important than ever for working Americans to stand up like they have at fast-food strikes around the country and negotiate for the rights, freedom and dignity they deserve. A single court ruling doesn’t negate our obligation to keep fighting to restore the American middle class.

Burwell v. Hobby Lobby

Bosses should not be able to interfere with a woman’s access to affordable birth control. Period. But today, five men sitting on the Supreme Court decided that they do. The majority ruled 5-4 that owners of for-profit, secular businesses who have religious objections to birth control may defy federal rules requiring that they include contraceptive care in their employees’ health plans because it violates the employer’s religious liberty rights.

The decision is an example of judicial activism that benefits corporations at its worst. Think Progress Justice Editor Ian Millhiser explains:

For many years, the Supreme Court struck a careful balance between protecting religious liberty and maintaining the rule of law in a pluralistic society. Religious people enjoy a robust right to practice their own faith and to act according to the dictates of their own conscience, but they could not wield religious liberty claims as a sword to cut away the legal rights of others. This was especially true in the business context. As the Supreme Court held in United States v. Lee, “[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.”

With Monday’s decision in Burwell v. Hobby Lobby, however, this careful balance has been upended. …The rights of the employer now trump the rights of the employee.

Let us clarify: Religious liberty is the right to practice religion as you wish and the freedom to not have religion imposed on you by others, especially corporations.

The reality of the decision is that while it was celebrated on the right as protecting people of faith, it actually hurts them: a substantial majority of almost every major U.S. Christian group support the idea that corporations like Hobby Lobby should be required to provide employees with healthcare plans that cover contraception and birth control at no cost. Moreover, Julia K. Stronks, an evangelical Christian and political science professor at Whitworth University, points out the irony that “although the owners of these for-profit corporations oppose the contraceptive requirement because of their pro-life religious beliefs, the requirement they oppose will dramatically reduce abortions.”

There is no doubting the slippery slope of the Hobby Lobby case when it comes to businesses using religious liberty to deny any number of rights to individuals. We must being to work now to re-establish a meaningful and appropriate religious liberty in America.

BOTTOM LINE: Today’s Supreme Court rulings from five conservative justices use judicial activism to benefit corporations and CEOs while hurting workers and women. The Roberts Court’s friendliness to corporate interests and the powerful at the expense of regular Americans is continues to be unprecedented, and it continues to be critical that progressives use every available avenue to fight back.

Riding the Reverse Racism Unicorn


mmaSome other things I’ve read this week: Felix Salmon’s explanation of why he’s joining Fusion, an interview with David Leonhardt about The Upshot, and updates about detained Vice reporter Simon Ostrovsky. Also, congratulations to Digby for a well-deserved award.

John Whitehouse
Twitter: @existentialfish

Riding The Reverse Racism Unicorn

Kelly HumeThis week, the Roberts court attacked another race-conscious law. Conservatives responded by attacking established civil rights laws as a form of “reverse racism.” Meagan Hatcher-Mays explains how they are defending the systematic favoring of wealthy whites in the admissions process: http://mm4a.org/1hkWji1
Related: Five things you need to know about the Court’s affirmative action decision: http://mm4a.org/Qw32vp The right is also pushing lies about President Obama’s proposed clemency program:http://mm4a.org/1lCMEY8

The Racist Tirade Of A Conservative Media Hero

Hannity, BundyThe right-wing media spent a long time promoting Cliven Bundy’s dispute with the federal government, even though Bundy was completely in the wrong. Will anything change now that Bundy has made virulently racist statements? http://mm4a.org/1ropemt
Related: This vile rhetoric is strikingly similar to remarks from conservatives from Rush Limbaugh to the WSJ editorial board: http://mm4a.org/1f7jTQz

 

FEATURED VIDEO

StewartJon Stewart blasted Sean Hannity’s transparently hypocritical support of scofflaw Nevada rancher Cliven Bundy: http://mm4a.org/QufpZ0

“NEAR WORTHLESS” OBAMACARE REPLACEMENT

Ben CarsonFox’s Ben Carson has a plan to replace Obamacare. Experts told Media Matters‘ investigative reporter Joe Strupp that it would be a disaster for everyone but the very rich: http://mm4a.org/1i8UuFI

IMAGE OF THE WEEK

Ruffalo
Mark Ruffalo Speaks Out On The Right To Choose

 

the Senate ~~ CONGRESS 7/9 ~~ the House


2ebe4-gulfwindsunset

The Senate stands adjourned until 10:00am on Wednesday, July 9, 2014.

 

Following any leader remarks, there will be a period of morning business until 12:00 noon, with senators permitted to speak therein for up to 10 minutes with the time equally divided and controlled between the two Leaders, or their designees.

 

At 12:00 noon, the Senate will turn to Executive Session and proceed to a series of votes on confirmation of the following nominations:

 

Executive Calendar #906, Julian, Castro, of Texas, to be Secretary of Housing and Urban Development (roll call vote);

Executive Calendar #797, Darci L. Vetter, of Nebraska, to be Chief Agricultural Negotiator, Office of the United States Trade Representative, with the rank of Ambassador (voice vote); and

Executive Calendar ##904 William D. Adams, of Maine to be Chairperson of the National Endowment for the Humanities for a term of four years (voice vote).

 

Following morning business, the Senate will resume consideration of the motion to proceed to S.2363, the Bipartisan Sportsmen’s Act, and proceed to an immediate vote on the motion to proceed.

 

At 12:00 noon, we expect a roll call vote on confirmation of the Castro nomination and voice votes on confirmation of the Vetter and Adams nominations and on the motion to proceed to the Bipartisan Sportsmen’s Act.

The Senate has reached an agreement that at 12:00 pm, tomorrow, Wednesday, July 9, 2014, the Senate will proceed to Executive Session and consider Calendar #’S.906 (Castro), 797 (Vetter), 904 (Adams). There be 2 minutes for debate equally divided in the usual form on each nomination. Upon the use or yielding back of time the Senate proceed to vote, without intervening action or debate, on the nominations in the order listed. All roll call votes after the first will be 10 minutes in length. We expect a roll call vote on confirmation of the Castro nomination and voice votes on the Vetter and Adams nominations.

 

12:00 noon: at least 1 roll call vote

  • Executive Calendar #906, Julian, Castro, of Texas, to be Secretary of Housing and Urban Development (roll call vote expected)
  • Executive Calendar #797, Darci L. Vetter, of Nebraska, to be Chief Agricultural Negotiator, Office of the United States Trade Representative, with the rank of Ambassador (voice vote expected)
  • Executive Calendar ##904 William D. Adams, of Maine to be Chairperson of the National Endowment for the Humanities for a term of four years (voice vote expected)
  • Motion to proceed to S.2363, the Bipartisan Sportsmen’s Act (voice vote expected)

WRAP UP

No Roll Call Votes

Legislative items

Cal. # 440, S.Res.447, a resolution recognizing the threats to freedom of the press and expression around the world and reaffirming freedom of the press as a priority in the efforts of the United States Government to promote democracy and good governance, with committee-reported amendments to the resolution and preamble

No Additional Executive items

 

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Last Floor Action:
5:03:09 P.M. -H.R. 4923
On agreeing to the McAllister amendment (A006) Roll Call 371 – Recorded vote pending.

Last Floor Action:7/8
9:03:43 P.M. – The House adjourned.

The next meeting is scheduled for 10:00 a.m. on July 9, 2014.

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