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Justice

How Just One Senator Vetoed A Judge And Gave A Big Gift To The NRA

Senate Republicans Explain The Rules Governing Judicial Nominees

Judge Elissa Cadish, a state court judge in Nevada who President Obama nominated to a federal district court, asked the President to withdraw her nomination, according to a letter that became public today. Cadish was the victim of an arcane senate tradition that allowed just one senator, Sen. Dean Heller (R-NV), to unilaterally block her nomination. Heller objected to her nomination because she once correctly described the state of gun rights law prior to the Supreme Court’s decision in District of Columbia v. Heller.

In 2008, before Heller established for the first time in American history that the Second Amendment protects an individual right to bear arms, Cadish was asked whether the Constitution does indeed protect such an individual right, and she gave the only correct answer a judge could have given at that point in history — “I do not believe that there is this constitutional right,” adding “of course, I will enforce the laws as they exist as a judge.” This statement accurately described the state of the law pre-Heller.

Nevertheless, Cadish’s nomination languished without a hearing due to a Senate tradition that allows a single senator to veto a nominee from their home state. In Senate parlance, Heller refused to return his “blue slip” on Cadish, and Senate Judiciary Chair Pat Leahy (D-VT) honored a tradition establishing that a nomination will not receive a hearing unless both home-state senators sign these slips.

It should be noted that not every Senate Judiciary Chair has honored this tradition in the past. In 2003, for example, when Sen. Orrin Hatch (R-UT) took over as Judiciary chair and George W. Bush was president, Hatch largely abandoned the blue slip rule. According to the Congressional Research Service, “[a] return of a negative blue slip by one or both home-state Senators d[id] not prevent the committee from moving forward with the nomination — provided that the Administration [] engaged in pre-nomination consultation with both of the home-state Senators,” during during Hatch’s tenure.

There is no good reason why President Obama’s nominees should not enjoy the same deference that President Bush’s nominees enjoyed under Hatch.

Justice

The 10 NRA-Funded Senators Hoping To Block Gun Regulations

The National Rifle Association’s NRA Political Victory Fund PAC has distributed more than $1 million in career donations to current members of the United States Senate. And, like their House counterparts, the Senators who have received the most are also among the most vocal opponents of any new gun violence prevention legislation advanced in the aftermath of the school shooting at Newton, Connecticut.

A ThinkProgress analysis of data from Political MoneyLine reveals that the top 10 Senate beneficiaries of NRA money are all Republicans. Each has already indicated his opposition to President Obama’s gun violence proposals and each has received an “A” or “A+” rating from the NRA. They are:

SEN. JIM INHOFE (R-OK) — AT LEAST $64,900


Inhofe said last month, “I will continue to strongly oppose any effort to undermine the Second Amendment and an individual citizen’s right to keep and bear arms. … The text of the Constitution clearly confers upon an individual the right to bear arms – and not just for the purposes of hunting as many liberals will claim. Our Founders believed that the people’s right to own guns was an important check on the powers of the government and ‘necessary to the security of a free State.’ I couldn’t agree more and I stand firm in my support of this right.”

SEN. ROY BLUNT (R-MO) — AT LEAST $60,550


Blunt said last month, “Unfortunately, the president’s proposals today fundamentally fail to address ways that we can prevent tragic events like Sandy Hook, and instead, he’s attempting to restrict the Second Amendment rights of law-abiding Americans.” Last week, he expressed doubt that the Senate would even expand background checks.

SEN. SAXBY CHAMBLISS (R-GA) — AT LEAST $56,950


Chambliss said last month, “While I am certain that the president’s proposal is well-intentioned, it is Congress’ responsibility to make sure that Americans’ constitutional rights are protected.”

SEN. JOHN THUNE (R-SD) — AT LEAST $48,605


Thune said last month, “There is a lot of emotion driving this debate. We need to prevent this in the future, and make the schools and our kids safer. And frankly, I don’t think it has to do with restrictions on the Second Amendment.”

SEN. LINDSEY GRAHAM (R-SC) — AT LEAST $46,600


Graham said last month, “One bullet in the hands of a homicidal maniac is one too many. But in the case of a young mother defending her children against a home invader — a real-life event which recently occurred near Atlanta — six bullets may not be enough. Criminals aren’t going to follow legislation limiting magazine capacity. However, a limit could put law-abiding citizens at a distinct disadvantage when confronting a criminal. As for reinstating the assault weapons ban, it has already been tried and failed.”

SEN. RICHARD SHELBY (R-AL) — AT LEAST $43,755


Shelby said on his Congressional website, “We all mourn the victims of shocking tragedies that have resulted from senseless acts of violence perpetrated by seriously disturbed individuals. However, such tragedies should not be viewed as an indictment of America’s precious Second Amendment rights. Thus, we should not react in a manner that would unnecessarily and improperly infringe upon the rights of tens of millions of law-abiding American gun owners. Unfortunately, it seems that some zealous gun rights opponents are seeking to leverage tragedies to further their long-held agenda of unduly restricting Americans’ Second Amendment rights.”

SEN. MIKE CRAPO (R-ID) — AT LEAST $43,700


Crapo said last month, “The President’s proposal on gun control is very disappointing. Any discussion about restricting the Constitutional rights of law-abiding Americans deserves, at minimum, a full and public debate in Congress. Burdening law-abiding citizens of this country with additional gun restrictions is not the answer to safeguarding the public from further attacks.”

SEN. ORRIN HATCH (R-UT) — AT LEAST $41,750


Hatch said last month that even passage of universal background checks would be “the way reductions in liberty occur.” He added, “When you start saying people all have to sign up for something, and they have a database where they know exactly who’s who, and where government can persecute people because of the database, that alarms a lot of people in our country, and it flies in the face of liberty,” noting that gun rights are “an express provision in the Constitution, unlike the penumbras and other conjured-up provisions that aren’t there that the court has come up with over the years. This is express, and many people are very, very concerned about any infringement on it, and I’m one of them.”

SEN. CHUCK GRASSLEY (R-IA) — AT LEAST $41,200


Grassley said last month, “The Second Amendment is more than just words on paper. It’s a fundamental right that ensures citizens the ability to protect themselves against the government. Unfortunately, the President seems to think that the Second Amendment can be tossed aside. Using executive action to attempt to poke holes in the Second Amendment is a power grab along the same pattern we’ve seen of contempt for the elected representatives of the American people. Some of these directives clearly run afoul of limitations Congress has placed on federal spending bringing the President’s actions in direct conflict with federal law. More importantly, it’s hard to see how any of these executive actions would have prevented the tragedies that precipitated this effort.”

SEN. ROGER WICKER (R-MS) — AT LEAST $36,750


Wicker said last month, “The President’s proposals would violate the Constitution and have been proven not to be effective in preventing gun violence, I will be part of a bipartisan coalition opposing this legislation and looking for real solutions such as school safety guards, mental health care, and addressing the culture of violence in the media. The Second Amendment rights of Americans must be preserved.”

The 10 have received more than $480,000 combined in career NRA PAC money.

The Senate Judiciary Committee’s Constitution, Civil Rights and Human Rights subcommittee will hold a hearing Tuesday to examine proposals to reduce gun violence. The four Republicans on the nine-person panel are Graham, Hatch, Sen. Ted Cruz (R-TX), and Sen. John Cornyn (R-TX). Cruz (at least $9900) has blasted the President for “trying to exploit the tragic murder of children as an excuse to push his own extreme anti-gun agenda,” and Cornyn ($17,850) has said we must enforce existing gun laws before we consider any new ones.

Politics

Republicans Claim That Obama’s Long Time Economic Proposal Represents A ‘Classic Bait-And-Switch’

Sen. Orrin Hatch (R-UT) ripped into President Obama’s opening offer on a package to avert the so-called fiscal cliff, during the GOP’s weekly address on Saturday, characterizing the proposal as “radical” and a “classic bait-and-switch.” “Maybe I missed it but I don’t recall him asking for any of that during the presidential campaign,” Hatch said. “These ideas are so radical that they have already been rejected on a bipartisan basis by Congress.”

Watch it:

Obama’s proposal — which includes $1.6 trillion in increased taxes on the rich over the next decade, $400 billion in savings in Medicare and other social programs, $50 billion in stimulus spending to begin next year, and an end to current debt ceiling rules — is not new or radical: it reflects the very same same policies Obama advanced for years and promoted extensively on the campaign trail.

For instance, Obama’s FY 2013 budget — released in February 2012 — raised “an additional $1.7 trillion in revenue” and proposed $360 billion in savings from entitlement programs, including Medicare and Medicaid. (Comparatively, Simpson-Bowles called for $2.7 trillion revenue over 10 years, more than what Obama requested). Obama advocated for additional stimulative spending throughout the campaign, calling for a path “forward” that will “continue investing in education and infrastructure.”

Republicans are feigning shock that Obama is proposing to implement the very same policies that Americans voted for in November, as they seek to define his second term agenda and bolster their own negotiating position. Meanwhile, they have yet to offer their own detailed proposal to avert the cliff.

Update

Much of President Obama’s current proposal appeared in his 20-page plan, released in October. Hatch apparently missed these explicit mentions of tax cuts for the middle class (but not the wealthiest Americans), small business tax breaks to stimulate the economy, and entitlement savings — then and now. In a Politco op/ed following the plan’s original release, Hatch mocked it as a “glossy 20-page brochure” but not a “plan,” and dismissed it as “nothing but a rehash of the same failed ideas of the past four years.”

NEWS FLASH

Out Of Bounds: Challenger Says Hatch Could ‘Die Before His Term Is Through’ | Sen. Orrin Hatch’s (R-UT) Democratic opponent, Scott Howell, sent a fundraising letter on Sunday that made a case against Hatch based on the incumbent’s age. He said that Hatch, who is 78, “is old enough to be my father and I don’t want my father running the United States Senate Finance Committee.” Howell added that Hatch could “die before his term is through.” Hatch’s campaign called the letter “offensive.” In a June poll, Hatch led Howell 63 percent to 29.

– Greg Noth

LGBT

Even Orrin Hatch Opposes Mitt Romney’s Push For Anti-Gay Constitutional Amendment

Sen. Orrin Hatch (R-UT) and Mitt Romney

Sen. Orrin Hatch (R-UT) and Mitt Romney (Credit: Scott G Winterton, Deseret News)

In an interview with SiriusXM’s Michelangelo Signorile, Sen. Orrin Hatch (R-UT) said that while he opposes same-sex marriage, he believes the question should be left up to the states. When told that this put him at odd’s with Mitt Romney’s position, Hatch expressed disbelief.

Romney, who as Governor actively sought to take away the right of same-sex couples to marry in Massachusetts, has signed the National Organization for Marriage’s anti-marriage equality pledge to push for a federal constitutional amendment defining marriage as “the union of one man and one woman.” He has proposed a three-tier system to allow already-married same-sex couples to remain married, but preventing any state from offering same-sex marriage licenses henceforth.

Hatch told Signorile that he’s a “believer that the states should be able to make their own determination” and that he’s no longer even thinking about a constitutional amendment to take that right away.

HATCH: There are about, what, six states that have done it? They’ve chosen to do that. I don’t agree with that, because I believe in the sanctity of the marriage covenant and the traditional definition, but the states have a right to do it.

SIGNORILE: But Mitt Romney wants to pass a federal amendment though that would stop those states?

HATCH: I’ve never heard that — never heard him say that. I don’t think that’s his position. But I don’t know.

Hatch previously had co-sponsored constitutional amendments banning same-sex marriage.

Economy

Senate GOP Tax Plan Would Raise Taxes On 20 Million Working Families

Republicans have consistently denounced President Obama’s plan to allow the Bush tax cuts on income over $250,000 to expire at the end of the year. “We ought not raise taxes on anyone at the end of the year,” Senate Minority Leader Mitch McConnell (R-KY) has said of the Obama plan, which would raise taxes on roughly 2.1 million high-income earners (while still preserving a piece of the tax cut for them).

A new Senate GOP tax plan released by McConnell and Utah Sen. Orrin Hatch (R), however, raises taxes on nearly 10 times as many Americans by allowing certain tax breaks signed into law by President Obama expire at the end of the year. Putting an end to those three tax breaks — the Child Tax Credit, a tax break on college tuition, and a more generous Earned Income Tax Credit — would raise taxes on 20 million families, as shown by this chart from Seth Hanlon, the director of fiscal reform at the Center for American Progress:

According to Hanlon, 13.1 million families would see higher taxes if the enhancements to the Child Tax Credit and Earned Income Tax Credit are allowed to expire. Another 9.1 million benefited from the American Opportunity Tax Credit, a break on college tuition.

The Senate GOP claims it wants to prevent tax hikes on Americans at the end of the year. The McConnell-Hatch plan, however, is yet another example of the fact that the only tax hikes Republicans can stomach are those that only hit the poor.

Economy

GOP Senator Introduces Bill To Block Welfare Waivers Supported By Republican Governors

Sen. Orrin Hatch (R-UT)

Sen. Orrin Hatch (R-UT) introduced a bill on the Senate floor Wednesday to block President Obama’s plan to allow states to experiment with the work requirements in the welfare program. A companion bill will be brought up in the House by Rep. Dave Camp (R-MI). Sen. Hatch described his bill as a defense of the work requirements in the 1996 welfare reform law:

“Neither the Obama Administration nor any Administration should have the power to unilaterally change the law as it sees fit. Work requirements were an essential part of the landmark 1996 Welfare Reform law and shouldn’t be scrapped at the whim of Washington bureaucrats. This legislation restores critical welfare work requirements so Congress can thoroughly and thoughtfully examine the TANF program in a way that balances states concerns, while ensuring that taxpayer dollars are used to get people off welfare and on a path to self-sufficiency.”

Other Republicans in the Senate have signed onto the bill, and Rep. Jim Jordan (R-OH) said that, “President Obama just tore up a basic foundation of thew welfare contract.”

To say the least, this is a questionable description of the new policy. The language of Obama’s memo rules out using welfare funds to help “individuals or families subject to the [Temporary Assistanace for Needy Families] prohibitions on assistance.” Rather, it’s specifically geared towards reducing red tape and seeing to it that people are counted as successes when they find work, not simply when they take on various activities such as job hunting, training, or unpaid work. In essence, the waivers increase states’ focus on actually getting people into jobs.

Support for such flexibility is not new, and it crosses both state and partisan lines. The governor of Utah — Sen. Hatch’s own state — called for such waivers in 2011. So did California, Connecticut, Minnesota and Nevada, the last of which was also under Republican control at the time. In 2005, Mitt Romney, the GOP’s presidential candidate, joined 29 other Republican governors in calling for more flexibility and “increased waiver authority” in welfare policy from the then Republican Congress.

NEWS FLASH

Despite Nearly $1M FreedomWorks Smear Campaign, Hatch Wins Primary In Landslide | FreedomWorks for America, the super PAC for former Rep. Dick Armey’s (R-TX) FreedomWorks USA, invested more than $942,000 on independent expenditures aimed at defeating Utah Sen. Orrin Hatch (R) and instead nominating former state senator Dan Liljenquist for his seat. In Tuesday’s Utah Republican primary, Hatch won renomination, winning by a two-to-one landslide. The party backed Hatch for a seventh term, despite FreedomWorks for America’s attack ads smearing Hatch for his votes for the same debt limit increases that Armey himself had supported.

Justice

Senate Republicans Now Blockading Every Single Appeals Court Nominee

Senate Republicans Explain The Rules Governing Judicial Nominees

For most of President Obama’s time in office, Senate Republicans engaged in such an aggressive campaign to hold up his judicial nominees that even their fellow Republican Chief Justice John Roberts urged them to quit it. After three years of roadblocks, however, they’ve now decided to tear up the road:

Senate Minority Leader Mitch McConnell (Ky.) made the decision to blockade nominations official Wednesday when he informed his colleagues that he would invoke the “Thurmond Rule” from now until after the elections.

Named after the late Sen. Strom Thurmond (R-S.C.) — and alternately called the “Leahy Rule” by some Republicans after Judiciary Chairman Patrick Leahy (D-Vt.) — the doctrine holds that within six months of a presidential election, the opposition party can, and typically does, refuse to allow votes on circuit court judges.

First of all, there is no doctrine saying that court of appeals judges cannot be confirmed six months before an election. According to data from the Federal Judicial Center, President Carter had 5 appeals judges confirmed between this day in 1980 and that year’s election, one of whom was future Justice Ruth Bader Ginsburg. President Reagan had 7 in his first term and 2 in his second. The first President Bush had 7. No appellate judges were confirmed in the lead up to the 1996 election, but one was confirmed at the end of President Clinton’s second term. The second President Bush had 3 confirmed during this period in 2004 and 2 in 2008.

In other words, if history is any guide, the supposed ban on late term confirmations does not exist, and it has never existed except arguably during the Clinton presidency, when then-Judiciary Committee Chair Orrin Hatch (R-UT) routinely played Calvinball with the Senate’s rules in order to keep President Clinton’s judges from being confirmed.

Indeed, in 2004, when George W. Bush was in the White House, Senate Republicans had very different things to say about the nature of the Thurmond Rule. In Hatch’s words, “”There is no ‘Thurmond Rule’ . . . . we’re going to keep on pushing ahead on judges and hopefully get a number of them through before the end of the year.”

LGBT

Hatch Parrots Anti-Gay NOM’s Self-Victimizing Talking Points

Sen. Orrin Hatch (R-UT) has the back of the National Organization for Marriage. In a letter to IRS Commissioner Doglas H. Shulman this week, he called for an investigation into the leak of NOM’s 2008 Schedule B, which revealed some of the anti-equality group’s top donors, including Mitt Romney. Hatch’s letter parrots the same conspiracy-mongering rhetoric that NOM has been pushing:

The public 2009 and 2010 forms do not include confidential donor information.  Moreover, unlike the 2009 and 2010 public 990s, the 2008 Schedule B published by HRC and Huffington Post is a PDF document that appears to have been deliberately altered in a manner to obscure information that would identify its origins with the IRS.  First, the 2008 Schedule B appears to have been cropped in order to hide a stamp appearing across the top of each page that states, “THIS IS A COPY OF A LIVE RETURN FROM SMIP.  OFFICIAL USE ONLY.”  Second, a white rectangle appears diagonally across the middle of each page of the document at issue — a redaction that hides a number that appears to have been generated by the IRS.

Blogger David Cary Hart has already debunked NOM’s “proof” that the documents had to have originated from the IRS. When the Human Rights Campaign and Huffington Post originally reported on the leak, they attributed the document to a whistleblower within NOM. Because it seems that Romney’s contribution was not properly disclosed, it’s likely that NOM’s cries for an investigation are an attempt to distract attention from their potential lawbreaking.

Hatch faces a primary challenge from former Utah state Sen. Dan Liljenquist and has been swinging to the right to appeal to his base. Though polling overwhelmingly favors Hatch, this may explain why he’s endorsed NOM’s attempt to avoid taking responsibility for its misdeeds and its possible whistleblower.

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