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Pop Culture And The Death Penalty Project: John Grisham’s ‘The Confession’

Just a reminder, we’re doing a screening of Werner Herzog’s Into the Abyss tomorrow in Washington, DC. Details on how to RSVP are here. And we’ll head over to the second-floor bar at the Gallery Place Clyde’s to discuss the movie after the screening is over. Next week, we begin our conversation about women and the death penalty, and we’ll be watching and discussing Patty Jenkins’ Monster.

One of the things I’ve found interesting about John Grisham’s work is the extent to which he’s shifted from telling stories in which his main characters, who tend to be straight, white men, do the right thing when faced with criminality, to stories in which those same straight, white men end up joining social justice movements. Rev. Keith Schroeder’s journey in The Confession is identical to that taken by Michael Brock in The Street Lawyer: two men who believe they’re not directly influenced or threatened by injustice find themselves in the path of its unintended consequences, and come to believe that their sense of remove is unsustainable. There’s no question that these kinds of stories risk becoming The Help redux, tales about white saviors who rescue disadvantaged people from problems they’re unable to work their way out of. But in Grisham’s stories, his white boys tend to fail: an execution takes place, a homeless family freezes to death. The work these men end up doing is within movements, not at the head of them.

But it’s the things that bring them to consciousness that matter. Because while The Confession is far from Grisham’s best novel, it’s about a critically important problem: the profound need many people have to believe the criminal justice system works, and how it makes them violently resistant to the prospect that it errs, and that people can die as a result of those mistakes.
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Study: GOP’s Balanced Budget Amendment Would Double Unemployment Rate, Put 15 Million Out Of Work

In a week, the GOP will again vote on a Balanced Budget Amendment, the cockamamie economic proposal they have toyed with several times over the last several months, including during the debate over raising the debt ceiling. The vote is part of the final compromise to raise the debt limit, in which President Obama and Senate Democrats promised to hold a vote on such an amendment, despite the fact that such votes have failed numerous times in the past.

Republicans have taken to ignoring the obvious perilous consequences of the amendment even as voices on both sides of the aisle denounce it as the “worst idea in Washington.” The current amendment, former Reagan adviser Bruce Bartlett said, “looks like it was drafted by a couple of interns on the back of a napkin.” Today, the Center on Budget and Policy Priorities (CBPP) added to that criticism, releasing a study highlighting a piece from Macroeconomic Advisers that notes that such an amendment would make future recessions “deeper and longer” and saying that if a BBA had been enacted prior to the 2008 recession, the “effect on the economy” would have been “catastrophic.”

And according to CBPP, passing a Balanced Budget Amendment now, with the country trying to climb out of the hole of joblessness caused by the recession, would have the exact opposite affect one would expect policy makers to try and achieve. In fact, the budget cuts required by such an amendment now would double the unemployment rate and slide the country back into the throes of recession:

If the 2012 budget were balanced through spending cuts, those cuts would total about $1.5 trillion in 2012 alone, the analysis estimates. Those cuts would throw about 15 million more people out of work, double the unemployment rate from 9 percent to approximately 18 percent, and cause the economy to shrink by about 17 percent instead of growing by an expected 2 percent.

That should be a reality check for Republicans who claim to be focused on job creation. Yet, despite evidence that the amendment would have disastrous consequences for our economy, Republicans — even those who pitch themselves as credible on the economy, like former Massachusetts Gov. Mitt Romney — continue to support it. Some even distort the past positions of Democrats to make it look like the proposal has bipartisan support.

In reality, such an amendment would only serve to exacerbate the very problems the GOP says it is trying to fix. And, as CBPP notes, the idea is utterly impractical: “[T]he only way to implement a BBA without some fiscal drag is to ratify it when the budget is in balance or surplus. Of course, then we wouldn’t have needed the BBA to achieve balance in the first place.”

NEWS FLASH

Report: Mitt Romney Is The Most Radical GOP Presidential Candidate On Mass Deportations | ThinkProgress guest bloggers Ann Garcia and Mayu Takeda compiled a lengthy and comprehensive list of each of the Republican presidential candidates’ stances on immigration. It includes some surprising details — including the fact that the supposedly moderate GOP frontrunner Mitt Romney is the only candidate to suggest that he supports mass deportation, so long as undocumented immigrants who have been in the United States for several years are given “enough time to organize their affairs and go home.”

All positions current as of Nov. 8.

Legend for Table

Candidate Comp. immigration reform Border security Mass deportation State and local immigration laws DREAM Act & In-State Tuition
Michele BachmannMichele Bachmann
Representative from Minnesota
opposed support opposed support opposed
Herman CainHerman Cain
Business mogul
Partially supports support opposed support support
Newt GingrichNewt Gingrich
Former Speaker of the House
Partially supports Partially supports opposed Unclear or ambiguous unknown
Jon HuntsmanJon Huntsman
Former Governor of Utah
opposed support unknown support opposed
Ron PaulRon Paul
Representative from Texas
opposed support unclear support unknown
Rick PerryRick Perry
Governor of Texas
Partially supports support opposed support Partially supports
Mitt RomneyMitt Romney
Former Governor of Massachusetts
Partially supports support opposed support unknown
Rick SantorumRick Santorum
Former Senator from Pennsylvania
Partially supports support Partially supports unclear opposed

LGBT

Judge Dismisses Anti-Gay Groups’ Self-Victimization Meme: ‘Evidence Is Quite Simply Stale’

Last month, ProtectMarriage.com and the National Organization for Marriage (NOM) — the groups that supported the passage of Proposition 8 in California — lost their suit for exemption from California’s campaign finance disclosure laws. U.S. District Judge Morrison England Jr. ruled the groups’ “limited evidence is simply insufficient” to support their claim “that disclosure of contributors’ names will lead to threats, harassment or reprisals.”

In his opinion filed on Friday, England dismissed the groups’ efforts to compare themselves to such historically maligned organizations as the NAACP and ruled that only “small, persecuted groups whose very existence depended on some manner of anonymity”:

Plaintiffs do not, indeed cannot, allege that the movement to recognize marriage in California as existing only between a man and a woman is vulnerable to the same threats as were socialist and communist groups, or, for that matter, the NAACP. Proposition 8 supporters promoted a concept entirely devoid of governmental hostility. Plaintiffs’ belief in the traditional concept of marriage, to disagreement, have not historically invited animosity. The Court is at a loss to find any principled analogy between two such greatly diverging sets of circumstances.

Finally, Plaintiffs’ exemption argument appears to be premised, in large part, on the concept that individuals should be free from even legal consequences of their speech. That is simply not the nature of their right. Just as contributors to Proposition 8 are free to speak in favor of the initiative, so are opponents free to express their disagreement through proper legal means.

England argued that even if Protect<arriage and NOM fit into the historical circumstances of the NAACP, they “would need evidence of thousands of acts of reprisals, threats or harassment, spanning much more than the short period of time covering California’s ballot-initiative process to prove contributors to such a massive group are entitled to anonymity.” He added: “Plaintiffs’ contributors’ names were actually disclosed years ago and yet Plaintiffs have produced almost no evidence of any ramifications suffered in the almost three years post-disclosure.” “Accordingly, from a practical perspective, it makes no sense to buy in to the argument that disclosure may result in repercussions when there is simply no real evidence in the record that such repercussions actually did occur in the past three years. Plaintiffs’ evidence is, quite simply, stale.”

Read the full opinion here.

Apple Crops In Washington At Risk Because Of Other States’ Extreme Immigration Laws

Washington apple growers could have had one of the best apple harvests in the state’s history — if not for the lack of workers. Orchard owners say a federal immigration crackdown and extreme anti-immigrant laws in states like Alabama and Arizona have scared off many of their workers.

Some farmers have tried to hire domestic workers. Orchards have “pickers wanted” signs, and growers have asked neighbors for extra workers. But their efforts have been unsuccessful to replace the immigrant farm workers they typically hire. So just like farmers in Alabama and Georgia, their crops will go to waste without without the experienced workers to pick the apples by hand:

Growers have struggled for years with labor shortages, but they say this harvest season is one of the toughest yet. Typically, about 70 percent of the state’s farmworkers are in the country illegally. But many Mexican and other migrant workers stayed away this year after some states passed tougher immigration laws and the federal government cracked down.

“We’ve been dealing with this for a number of years now, and until something changes at the federal level, growers are going to struggle having enough workers,” said Mike Gempler, a farm labor contractor for Washington growers.

Gov. Chris Gregoire assembled a delegation of 15 farmers last month for a trip to Washington, D.C., where they urged Congress to enact comprehensive immigration reform. At the time, Gregoire estimated the state still needed 4,000 workers to complete the harvest, which could have been the third-largest in state history.

The Supreme Court held nearly 70 years ago that a state cannot set its own immigration policy separate from federal law because of how it will affect every other state in the United States of America. As the Court explained in Hines v. Davidowitz, “[e]xperience has shown that international controversies of the gravest moment, sometimes even leading to war, may arise from real or imagined wrongs to another’s subjects inflicted, or permitted, by a government.” If an American government is going to imperil our foreign relations with another nation, that decision should come from a decision maker that has actually been elected to represent the entire nation, not someone who is only accountable to the people of Alabama.

Washington’s plight demonstrates that this problem is not limited simply to foreign policy. The voters of Alabama elected an anti-immigrant government, and the people of Washington suffer for it without any ability to hold Alabama’s leaders accountable at the polls.

Washington Company Strands 60 Farmworkers For Refusing To Work Below Minimum Wage

It’s no secret that migrant farm workers on whom American agricultural industry depends often face deplorable conditions, from starvation wages to back-breaking labor. According to the National Agricultural Workers Survery, nearly three-quarters of U.S. farmworkers earn less than $10,000 a year, and three out of five farmworker families have incomes below the poverty line.

Now a recent incident in Washington state illustrates what happens when farmworkers try to stand up for themselves and demand fair compensation. Stemilt, one of the nation’s largest fruit producers, stranded dozens of workers hours away from their homes as retaliation when they refused to work for below the minimum wage:

Nearly 60 farmworkers from a rural Washington state community just outside of Seattle said they were stranded with no way to get home last week after refusing to work for less than minimum wage.

The workers were bused to a Stemilt Grower’s Apple Orchard, where they were told they’d only make roughly $25 for about four to five hours of work, local news station KIMA-TV reports. When the workers refused to pick for that amount, they say they were left stranded miles away from their homes. (The current federal minimum wage is $7.25.)

“It’s completely outrageous,” Gorge Valenzuela with United Farm Workers told KIMA-TV. “You have workers with no way home. They had to walk an hour and a half just to get to the street so they could wave at cars to find a way home, which is an hour and half away.”

Watch it:

The over 3 million migrant and seasonal workers in the U.S. are the backbone of the country’s $30 billion fruit and vegetable industry. In fact, farmworkers have been shown to increase the overall economic output of regions where they work. Yet they are some of the most economically disadvantaged people in the U.S. In addition to low wages, farmworkers rarely have access to workers compensation, disability benefits, Medicaid or food stamps.

Despite working harder than most segments of the population, farmworkers’ wages have declined dramatically over the past few decades, making it difficult to afford basic necessities like housing, food, health care and education for their children.

NEWS FLASH

Mississippi Democrat Who Endorsed Radical ‘Personhood’ Measure Loses Big At The Polls | Earlier this year, Mississippi Democratic gubernatorial nominee Johnny DuPree announced that he supported the so-called “personhood” measure that would have rendered all forms of abortion — and likely many forms of contraception — illegal under state law. At the polls yesterday, DuPree didn’t even come within striking distance of victory, losing by a massive 22 point margin to his Republican opponent. Meanwhile, the personhood measure was voted down by an almost equally wide 58-42 margin. As it turns out, making high profile concessions to the right-wing wasn’t actually a winning electoral strategy for DuPree.

Two Bush Appointed Judges Reject Texas Redistricting Map

Judge Thomas Griffith

The Voting Rights Act requires many parts of the country to “preclear” any changes to their voting law to ensure that those changes do not discriminate on the basis of race. Either the Department of Justice or the federal courts in DC can preclear a new voting law, but states have almost always sought preclearence in the past from the Justice Department because it is both better equipped to evaluate new laws than the overburdened federal courts and better able to do so quickly.

Despite this fact, a few GOP-led states turned to the federal courts this year either to make a political statement about their distrust of the Obama Administration or because they actually believed some of the paranoid fantasies voter suppression attorneys told them about the Administration’s plans to block Republican-friendly policies. One of these states was Texas, which just received a very disappointing answer from George W. Bush-appointed judges Thomas Griffith and Rosemary Collyer:

The three-judge panel appointed to hear the case received extensive briefing and held lengthy oral argument on November 2, 2011. If any one of the plans is not precleared by this Court at this stage in the proceedings, the District Court for the Western District of Texas must designate a substitute interim plan for the 2012 election cycle by the end of November. Therefore, the Court issues its Order promptly and will issue a memorandum opinion hereafter.

Having carefully considered the entire record and the parties’ arguments, the Court finds and concludes that the State of Texas used an improper standard or methodology to determine which districts afford minority voters the ability to elect their preferred candidates of choice and that there are material issues of fact in dispute that prevent this Court from entering declaratory judgment that the three redistricting plans meet the requirements of Section 5 of the Voting Rights Act.

We eagerly await Gov. Rick Perry’s (R-TX) outraged statement accusing two George W. Bush appointed judges of unvarnished partisanship by denying preclearence to Texas’ map.

Justiceline: November 9, 2011

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

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