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Justice

GOP Tries To Water Down Violence Against Women Act, Expresses Willingness To Tolerate Some Domestic Abuse

Sen. Chuck Grassley (R-IA)

From the very beginning, Sen. Chuck Grassley (R-IA) led the opposition to reauthorizing the Violence Against Women Act (VAWA) — even leading Senate Judiciary Republicans to unanimously vote against it because they object to its protections for LGBT victims, immigrants and Native Americans. Grassley has now teamed up with Sen. Kay Bailey Hutchison (R-TX) “offer a substitute that would address GOP concerns with the bill.”

Although the full details of Grassley and Hutchinson’s watered down protections for domestic violence victims have yet to be released, it is likely that they will map Grassley’s previously stated opposition to providing greater support for LGBT, undocumented, and tribal victims of domestic violence. The Hutchison/Grassley amendment will likely leave out some victims who face particularly harsh discrimination. If Senate Republicans embrace Grassley’s earlier objections to reauthorizing VAWA, they will show that they are willing to tolerate a certain amount of domestic violence by ignoring certain victims:

For Native victims: In 86 percent of reported rapes or sexual assaults on Native women, the perpetrators are non-Native. While Hutchison has criticized the tribal provisions, saying that ‘any American’ could be imprisoned by tribal courts, in actuality, the provisions allow tribal members to prosecute a non-tribal people who commit domestic violence and who either live or work on a reservation, or are married to a tribal member. The Grassley / Hutchison amendment requires any domestic violence to be prosecuted in federal courts, meaning that rural tribal victims won’t seek help. Additionally, federal prosecutors “already decline to prosecute half of Indian Country crimes that are referred to them,” and with the added number of domestic violence crimes, victims are likely to never see justice.

For LGBT victims: The new version of the bill also lacks any additional provisions for the LGBT community, blanketing over LGBT-specific issues with gender neutral language that lumps the needs of gay and lesbian protections in with the needs of straight couples. The original version of VAWA says that domestic violence shelters cannot discriminate against gay, lesbian, or trans people, but the new version says nothing about this issue. Grassley has said that he does not believe discrimination in shelters is an issue — despite the fact that “44.6 percent of LGBT/HIV-positive survivors of intimate partner violence were turned away from shelters.”

For undocumented victims: The Grassley/Hutchison version of the bill takes out the added visas for undocumented people who are beaten and seek assistance from the state. The visas are put in place so that victims aren’t too scared to contact the authorities when they find themselves physically harmed or in danger. When such protections don’t exist, people are forced to work outside of the law to protect themselves.

But there may be a bit of good news in the amendment. It may offer increased funding for rape kits, the processing of which is notoriously backlogged in the criminal justice system across the U.S. This funding should be increased, but LGBT, Native American and immigrant victims should not have to suffer for it.

Devon Boyer, a council member of the Shoshone-Bannock Tribes, and a former law enforcement officer, shared the stories of two women who couldn’t see justice done to their abusers:

Update

White House Adviser Valerie Jarrett spoke out against the Grassley/Hutchison amendment today, saying, “We believe it takes us backwards. It discourages local police departments from arresting domestic violence offenders, it deletes the new provisions for assisting same sex victims, which we believe are important, and it greatly weakens the new proposals to address the high rates of violence on college campuses, which is so important for our young people, and the Hutchison bill just generally leaves too many victims without protection.”

LGBT

GOP Excludes Protections For LGBT Community In Alternative Violence Against Women Act

Sen. Chuck Grassley (R-IA)

The Senate began debate on Wednesday to reauthorize the landmark Violence Against Women Act, a measure that prevents domestic violence and aids victims of domestic or sexual abuse. Earlier this year, Sen. Chuck Grassley (R-IA) led a Republican effort to block renewal of the Act because he objected to the bill’s protections for LGBT individuals, undocumented immigrants and Native Americans, causing every single Republican member of the Senate Judiciary Committee to vote against its reauthorization. House Republicans have also refused to take up the measure earlier this year.

 

Now, the GOP is crafting watered-down proposals that specifically exclude LGBT people, Native Americans, immigrants, and others:

Sen. Chuck Grassley, R-Iowa, joined by Sen. Kay Bailey Hutchison, R-Texas, is preparing an alternative that would alter several Democratic provisions. Their alternative would cap visas available to legal and illegal immigrants who suffer abuse at 10,000 a year, compared to 15,000 proposed by the Democratic bill offered by Judiciary Committee Chairman Patrick Leahy, D-Vt. It does not specify, as the Democratic bill does, that violence against gays, lesbians and transgenders are part of the act. The Leahy bill expands the authority of Native American officials to handle cases of abuse of Indian women by non-Indians. The Republican substitute permits tribal authorities to go to federal court for protective orders on behalf of abused Native American women.

The base Senate bill would reauthorize VAWA for five years with funding of $659.3 million a year, down $136.5 million a year from the last VAWA act, which expired several months ago. The money goes to such programs as legal assistance for victims, enforcement of protection orders, transitional housing aid and youth prevention programs.

Sponsors of the House bill, which is still being drafted, said it would be close to the Grassley-Hutchison approach. It was introduced by 12 GOP women lawmakers and three members of the Republican leadership, including Majority Leader Eric Cantor of Virginia.

Mitt Romney, the party’s presumptive presidential nominee, has refused to say which version of the Violence Against Women Act he supports, but as Attorney General Eric Holder put it, “For the life of me, I cannot begin to understand why this is something that is a debate within Congress.”

“It is inconceivable to me now that we are in the process of a debate about something that has proven so effective and is clearly so needed for the future,” Holder added. “It must be passed, and it must be passed soon.”

Research indicates that domestic violence among same-sex couples occurs at similar rates as domestic violence among straight couples. Unfortunately, domestic violence victims in same-sex relationships are not receiving the help they need due to the lack of legal recognition of same-sex relationships, law enforcement’s failure to identity and properly handle domestic violence cases involving people of the same sex, and the shortage of resources available to victims of same-sex partner domestic abuse. A 2011 report from the National Anti-Violence Project, however, that rates of domestic abuse and violence have increased among couples in the LGBT community and that support and protections for survivors is low. Reported instances of domestic violence increased 38 percent from last year, including seven deaths, while over 44 percent of survivors were turned away from traditional shelters and over 54 percent who sought court orders for protection from abuse were denied.

Justice

Chuck Grassley Advocates Boycott Of Coca-Cola To Punish Company For Leaving ALEC

On April 4, Coca-Cola announced it was ending financial support for the American Legislative Exchange Council, the right-wing group behind “Stand Your Ground” laws and voter suppression efforts.

Now, U.S. Senator Chuck Grassley (R-IA) is advocating a boycott of the company:


The Grassley boycott could be quite extensive. Over the last few weeks, at least 11 other companies — including Pepsi, McDonald’s, and Kraft — announced they were severing ties with ALEC.

In response to the criticism, ALEC announced they were ending all “non-economic” activities. Unfortunately for ALEC, that hasn’t stopped the parade of defections, which most recently includes Blue Cross Blue Shield and Yum! Foods.

Update

A reader notes that Coke operates bottling plants in Iowa, Grassley’s home state.

Justice

Romney Won’t Say If He Supports Holding Domestic Violence Victims Hostage To Spite Gay Victims And Immigrants

Earlier this year, Sen. Chuck Grassley (R-IA) led a Republican effort to block renewal of the Violence Against Women Act because he objected to the fact that the reauthorization bill includes certain protections for LGBT individuals, undocumented immigrants and Native Americans. Grassley said that he would abandon this effort last night, however — likely because the reauthorization now has the supermajority of supporters it needs to defeat a Republican filibuster. Nevertheless, the bill must still survive the GOP-controlled House of Representatives, where it faces a much rougher ride, before its longstanding protections for domestic violence victims can be continued.

In light of these recent Republican efforts to hold some domestic violence survivors hostage to block protections for others, formerGov. Mitt Romney’s campaign was recently asked whether he supports including the protections for gay people, undocumented immigrants and Native Americans or not. Team Romney would not answer the question:

Andrea Saul, a spokeswoman for Mr. Romney, said in an e-mail, “Gov. Romney supports the Violence Against Women Act and hopes it can be reauthorized without turning it into a political football.” But she declined to specify which version he supported.

As Attorney General Eric Holder said yesterday, it is “inconceivable” that there is actually a debate over whether to protect domestic violence victims or not. It is equally inconceivable that anyone could deem some victims more worthy of protection than others. Romney, however, doesn’t seem willing to even go that far. He won’t even tell us which people caught in a horrific spiral of domestic violence deserve the law’s full protection against domestic violence.

NEWS FLASH

Sen. Grassley: GOP Will Not Filibuster VAWA | The GOP is not going to filibuster the Violence Against Women Act (VAWA), Sen. Chuck Grassley (R-IA) told Roll Call today. “‘We’re not going to extend this debate,’ Grassley said. ‘There won’t be a cloture vote necessary, and they’ll surely let us have a vote on our substitute.’” The GOP has come up with their own version of the bill, which strips the added protections for Native American, LGBT, and undocumented victims of domestic violence. But with 61 cosponsors in the Senate, the bill with all of its provisions will likely pass. Sen. Grassley continued: “Violence against women except for these additions is noncontroversial. I’m afraid what they’re doing here is they want a political issue — you know, ‘war on women’ — and they are going to end up with another one-year extension.” The real fight is likely to be in the House of Representatives, where VAWA has been hotly debated and enjoyed very little Republican, or male, support.

Economy

Sen. Grassley Blasts Senate’s Watered Down STOCK Act: ‘Wall Street Traders Get Rich, But The American People Lose’

The Senate today, by an overwhelming vote of 96-3, passed the STOCK Act, a bill crafted in response to a 60 Minutes investigation showing that members of Congress had personally profited from insider information. Most notably, House Financial Services Chairman Spencer Bachus (R-AL) made tens of thousands of dollars trading on information he received during private economic briefings at the height of the 2008 economic crisis.

However, the bill that the Senate adopted is the same one that the House passed last month, not a stronger version that the Senate had written earlier and approved by a huge margin. The earlier version included a provision, championed by Sen. Chuck Grassley (R-IA), that would have required Washington insiders who sell intelligence to corporate America to register as lobbyists. Grassley, who was one of the three votes against the bill, today took to the Senate floor to blast Congress for adopting the watered down House version:

On Tuesday the Republican Majority Leader of the House and the Democrat [sic] Majority Leader of the Senate worked together to thwart the will of 60 Senators and 286 Members of Congress. This is not the kind of bipartisan cooperation we need.

I won’t ascribe motives to anyone in this body, but I know that today’s actions only serve the desires of obscure and powerful Wall Street interests and undercut the will of an overwhelming majority of Congress. [...]

There are over 2,000 people working in the completely unregulated world of political intelligence, or political espionage as I call it. Right now, they are celebrating. They are celebrating because they know that its business as usual. They can continue to pass along tips they get from Members of Congress, Senators and staff and no one will be the wiser. They pass along these tips to hedge funds, private equity firms and other investors who pay them top dollar.

The lobbyists get rich. Wall Street traders get rich. But the American people lose.

The weaker House version of the bill was drawn up by House Majority Leader Eric Cantor (R-VA), who had earlier blocked the GOP from moving an anti-insider trading bill at all. Last month, Grassley reacted to the House removing his political intelligence provision by saying, “it’s astonishing and extremely disappointing that the House would fulfill Wall Street’s wishes by killing this provision.”

Justice

Grassley & Harkin Introduce Bipartisan Bill To Fix Supreme Court Assault On Older Workers

Nearly three years ago, the Supreme Court rolled back decades of precedent to make it harder for older workers to stand up to age discrimination in the workplace:

Employment discrimination cases are difficult to prove because the plaintiff ultimately must show what their boss was thinking at the time they were fired or demoted–it is illegal for an employer to fire a worker because they think the worker is too old or too black or too female, but not because they think the worker is incompetent or poorly dressed. Since workers don’t have ESP, the Supreme Court long ago put certain procedures in place to make sure that laws banning discrimination amount to more than just empty promises.

“Mixed motive” suits are an example of these procedures. To win a mixed motive case, a plaintiff had to prove that discrimination was one of the reasons behind their boss’ decision to fire or demote them. It was then up to their boss to prove that they would have made the same decision regardless of the worker’s race or gender or age. Workers are spared the nearly impossible task of having to prove that that their boss was thinking only of bigotry when they lashed out at their employee; and employers are given a fair chance to prove that discrimination is not the real reason why the worker was cast aside. . . .[Gross v. FBL Financial Services] eliminates such claims in age discrimination cases. Thanks to Justice Thomas’ majority opinion, victims of age discrimination are helpless unless they can get inside their boss’ head and show that their boss would have behaved differently if the victim had been a little younger.

A bill introduced Tuesday by Sens. Chuck Grassley (R-IA) and Tom Harkin (D-IA) will overturn Gross and restore to older workers the same ability to fight discrimination that they agreed before a 5-4 Supreme Court took it away from them. Although many Senate Democrats have long supported undoing the justices’ mischief in this way, this is the first time a Republican has signed on to the effort — Grassley’s endorsement of the bill is a hopeful sign that it could become law.

Enacting this bill is not simply important because it will restore necessary rights to older workers, it also is important to push back against a Supreme Court that openly flouts its own precedents. Justice Thomas’ majority opinion in Gross acknowledged that his decision was at war with longstanding precedent, but he dismissed this fact by simply saying “it is far from clear that the Court would have the same approach were it to consider the question today in the first instance.” In other words, Thomas believes that, because the Supreme Court is now dominated by five far right justices, it should no longer have to follow precedents from a more sensible era.

Economy

GOP Senator Slams Own Party For Fulfilling ‘Wall Street’s Wishes’ With Weak Insider Trading Bill

The Senate passed its version of the Stop Trading on Congressional Knowledge (STOCK) Act by an overwhelming 96-3 margin. Included in the bill is a provision inserted by Sen. Chuck Grassley (R-IA) under which “Washington insiders who collect political intelligence and sell it to corporate America would have to register under the lobbying disclosure law.” “When these people come around to get information from you that they sell to hedge funds, that you’ll know who they are. You don’t know that now,” Grassley said in defense of the provision.

The House Republicans’ version of the bill, however, does not include Grassley’s provision. In fact, the House version, crafted by House Majority Leader Eric Cantor (R-VA), is significantly weaker than the Senate version, leading Grassley to slam his own party for granting “Wall Street’s wishes” on the legislation:

It’s astonishing and extremely disappointing that the House would fulfill Wall Street’s wishes by killing this provision. The Senate clearly voted to try to shed light on an industry that’s behind the scenes. If the Senate language is too broad, as opponents say, why not propose a solution instead of scrapping the provision altogether? I hope to see a vehicle for meaningful transparency through a House-Senate conference or other means. If Congress delays action, the political intelligence industry will stay in the shadows, just the way Wall Street likes it.

The House is planing to vote on its version of the STOCK Act this week. It’s worth remembering that, before he introduced this weak tea version of the legislation, Cantor blocked his own party from moving an insider trading bill at all.

Justice

Senate GOP Still Fighting A War On Smart Judges

Ninth Circuit Nominee Paul Watford

Two years ago, President Obama nominated Goodwin Liu (now Justice Goodwin Liu on the California Supreme Court) to a seat on the U.S. Court of Appeals for the Ninth Circuit. Liu immediately stood out among the president’s nominees — and indeed, from most of the judges currently serving on the federal bench — for his brilliance and impeccable legal credentials. He is a former clerk to Justice Ruth Bader Ginsburg, one of the top constitutional scholars in the nation, and he enjoyed wide support from all corners of the legal community. Clinton inquisitor Ken Starr called Liu an “extraordinarily qualified nominee” who will serve as a judge “with great distinction.” Torture memo author John Yoo called him a “very well qualified” nominee who will be a “good judge on the bench.”

Senate Republicans immediately started distorting his record, and they eventually filibustered his nomination into oblivion.

About a year later, we saw this same charade play out again. President Obama nominated Caitlin Halligan to serve as a federal appellate judge in DC. Like Liu, Halligan is an absolutely brilliant legal mind and a former Supreme Court law clerk. Unlike Liu, however, she did not have a paper trial because she has never been a law professor and spent her career advocating on behalf of her client’s views rather than expressing her own. Nevertheless, Senate Republicans filibustered her, relying on the thin argument that she is unconfirmable because she once represented a client whose views disagree with those of the NRA.

So when President Obama nominated former Supreme Court law clerk Paul Watford to a federal judgeship last October, ThinkProgress worried that he too would prove too qualified to be confirmed. Sadly, our fears seem justified. Yesterday, the Senate Judiciary Committee cast an entirely party-line vote to advance Watford to the full Senate — an action which, in the past, has proceeded a GOP filibuster. Sen. Chuck Grassley (R-IA) was given the unfortunate task of devising a flimsy rationale for opposing the nomination:

I have substantive concerns regarding Mr. Watford’s views on both immigration and the death penalty.

Mr. Watford partnered with the American Civil Liberties Union (ACLU) and the National Immigration Law Center (NILC) in two cases to oppose Arizona’s 2010 immigration bill. In the first case, Friendly House, a class-action lawsuit, Mr. Watford served as co-counsel for most of the plaintiffs, including the class action representative, Friendly House. . . .

With regard to the death penalty, Mr. Watford assisted in submitting an amicus brief to the Supreme Court in Baze v. Rees on behalf of a number of groups who opposed Kentucky’s three-drug lethal injection protocol. In its plurality opinion, the Court rejected the arguments raised in the brief. Ultimately, Kentucky’s three drug protocol was upheld 7-2.

So there you go. In a legal career that stretches nearly two decades, Watford worked for two clients that Grassley disagrees with, and this fact evermore disqualifies him for a seat on the federal courts.

It’s impossible to describe how dangerous this standard is. Our system of law depends on all parties having adequate representation to assert their legal claims, and this is doubly true with respect to the kind of disadvantaged clients who stand against conservatives’ preferred legal outcomes. Grassley is sending a clear and unambiguous message to the entire legal profession here — if you want to be a judge some day, don’t even think about working for the poor, for immigrants, for unions or for criminal defendants. Sadly, many bright and ambitious attorneys will hear that message loud and clear, and will remain in corporate law firms representing well-moneyed clients who will be just fine with or without their services.

Ultimately, however, it’s likely that Grassley’s real motivations are slightly different. Like Liu and Halligan before him, Watford is guilty of being the kind of exceptionally talented attorney who could be on the Supreme Court some day — and so the Senate GOP appears poised to block him even if they can’t think of a plausible reason to do so.

LGBT

Grassley Suggests LGBT People Aren’t Discriminated Against At Shelters

Yesterday, the Senate Judiciary Committee advanced an LGBT-inclusive version of the Violence Against Women Reauthorization Act (VAWA), which aims to protect victims and survivors of domestic violence, dating violence, sexual assault, and stalking. Before it passed along party lines, Sen. Chuck Grassley (R-IA) objected to the protections based on sexual orientation and gender identity, suggesting they were simply unnecessary:

GRASSLEY: The Leahy substitute would prohibit discrimination by grantees on the basis of sexual orientation or gender identity. Of course, I agree that shelters and other grant recipients should provide services equally to everyone. But advocates of this provision haven’t produced data that shelters have refused to provide services for these reasons. This is true even after we were told they would send a report on the subject. The provision is a solution in search of a problem. Instead, it is only a political statement that shouldn’t be made on a bill that is designed to address actual needs of victims.

Grassley is wrong on two counts. First, there are plenty of troubling data to show why the protections are necessary. The National Coalition of Anti-Violence Programs (NCAVP) and the National Gay and Lesbian Task Force (NGLTF) both published studies last year that demonstrate how LGBT people have been refused protection by shelters:

  • In 2010, 44.6 percent of LGBT/HIV-positive survivors of intimate partner violence were turned away from shelters (NCAVP).
  • More than half of survivors (54.4 percent) were denied orders of protection (NCAVP).
  • 29 percent of homeless transgender people have been turned away by shelters (NGLTF).
  • 6 percent of transgender people report being denied equal access to domestic violence shelters and programs (NGLTF).

The other count on which Grassley is wrong is his basic reasoning. In this statement, he basically asserted that LGBT people have to first face discrimination before they deserve to be protected from it. One wonders how much “data” he expects the LGBT community to endure before he’ll deem it worthy of his compassion.

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