podesta-emails
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MoveOn, PFAW, and Alliance for Justice Action Campaign released an ad and
polling today that shows that most Americans want a Supreme Court nominee
that defends ordinary Americans against the expansion of corporate rights.
We hope to make sure that the unfolding debate over whoever the nominee is
focuses on these questions, and not the wedge issues that the Republicans
will try to drive.
Americans deserve a new Justice who will fill Stevens shoes in fighting for
individual rights and ordinary Americans.
The NYTimes rejected the ad. We think they are being skittish about using
logos of companies who advertise with them (of course, they won't say that).
Here are some top line findings from the poll:
Ø While the Supreme Court enjoys the respect of average voters, its
standing is colored by a majority of voters who believe that the Court
favors big corporations over individuals. Such views of the court are
shared by Democrats and Republicans.
Ø The perception of corporate bias is underscored by broad disagreement
with many recent Supreme Court decisions, the *Citizens United* case among
them.
Ø By a 20-point margin, voters believe that when Senators evaluate the
President’s nominee, they should focus on the nominee’s understanding of the
impact that legal decisions have on the lives of everyday Americans, rather
than focusing solely on the nominee’s experience and qualifications. A 61
percent majority of Democrats feel this way, as do 60 percent of
Republicans.
Ø Similarly, the most appealing description of a potential nominee tested
in this survey is someone who will “be fair so that individuals and families
get an impartial hearing and not give preferential treatment to powerful
individuals and big corporations.”
Here's a link to the poll memo: http://www.moveon.org/r?r=88214
Here's a link to the ad: http://www.moveon.org/r?r=88210
Full release below:
* *
*MoveOn.org Political Action*
*People for The American Way*
*Alliance** for Justice Action Campaign*
* *
*For Immediate Release: Contact: ***
Friday, May 7, 2010 Doug Gordon (MoveOn) (202) 822-5200
x237
Miranda Blue
(PFAW) (202) 467-4999
Kevin Fry (AFJ)
(202) 822-6070
**** See The Ad: **http://www.moveon.org/r?r=88210 ****
*New Provocative Ad Asks: “Is The Supreme Court Corporate America’s Newest
Subsidiary?”*
* *
**** Ad Too Hot For New York Times: Company Refused To Run Ad ****
* *
A new ad, released today, asks the provocative question: “Is the Supreme
Court corporate America’s newest subsidiary?” The ad, released by MoveOn.org
Political Action, People For the American Way and Alliance for Justice
Action Campaign, was rejected by the *New York Times* and will run in
the *Washington
Post* next week.
You can see the ad here: http://www.moveon.org/r?r=88210
In addition to the ad, the groups also released a new poll from Greenberg
Quinlan Rosner Research that shows a majority of Americans—across party
lines--believe that this Supreme Court favors big corporations over
individuals.
You can see the poll here: http://www.moveon.org/r?r=88214
On the eve of President Obama’s second nomination to the court, the ad and
poll seek to steer the debate over the newest nominee away from Washington
politics as usual and point out the growing corporatization of the Court.
As the ad states, “recent rulings have allowed corporations to get away with
paying women less than men, discriminating against the rights of older
workers, dodging liability for faulty medical devices, ducking the Clean
Water Act and avoid paying damages for the Exxon Valdez oil spill.”
In addition, as the ad also states, this is no small matter because, “the
Court will soon rule on consumer rights in bankruptcy, workplace protection
against discrimination, the new health care law and a copyright rule that
could dramatically increase consumer prices.”
“We have seen the Roberts Court repeatedly put the expansion of corporations
rights and powers over those of individuals,” said *Justin Ruben, Executive
Director of MoveOn.org.* “Americans need someone to fill Justice Stevens’
shoes who will show the same conviction in fighting for the rights of the
other 98% of America—who are working hard and trying to make ends meet. Our
country must have a real debate over the issues that matter and the future
of the Court. Not the politics as usual that has become the norm for Supreme
Court nomination battles.”
“On the eve of President Obama’s second pick to the Court our poll clearly
shows that while the Supreme Court enjoys the respect of average voters, its
standing is colored by a majority of voters who believe that the Court
favors big corporations over individuals. This will likely be very important
in the debate around the nominee and the future of the Court,” said *Anna
Greenberg, Senior Vice President of Greenberg Quinlan Rosner Research.*
* *
“As we feared, it’s become clear that the Roberts Court is pushing a
political agenda from the bench, putting the interests of big business over
the rights of ordinary Americans,” said *Michael B. Keegan, President of
People For the American Way.* “Our Constitution guarantees fair treatment
for every American. We need a Supreme Court that agrees with that very
fundamental principle.”
"This poll shows clearly that people of all political viewpoints admire the
Supreme Court but are concerned that it doesn't stand up for everyday
Americans,” said *Nan Aron, President of Alliance for Justice Action
Campaign.* “Large majorities, across the ideological spectrum, expressed
serious misgivings about the Roberts Court's cases favoring corporate
interests. The American people understand that the courts have an enormous
impact on their lives and they expect the next justice will bring to the
Court a standard of fairness that ensures that corporate interests do not
get preferential treatment and that the rights of all Americans are
protected equally."
*MoveOn.org Political Action is a political action committee powered by 5
million progressive Americans. We believe in the power of small donors and
grassroots action to elect progressive leaders to office and to advance a
progressive agenda. We do not accept any donations over $5,000, and the
average donation to MoveOn.org Political Action is under $100.*
*AD TEXT:***
The United States Supreme Court was founded to protect the American people,
not American big business.
Yet recent rulings have allowed corporations to get away with paying women
less than men, discriminating against the rights of older workers, dodging
liability for faulty medical devices, ducking the Clean Water Act and avoid
paying damages for the Exxon Valdez oil spill.
Most alarmingly, the Court has also just declared that corporations have the
same rights as people, with unlimited rights to pour money into electing
corporate candidates who will protect their interests.
Senator Charles Schumer declared of this ruling, “The bottom line is, the
Supreme Court has just predetermined the winners of next November’s
election. It won’t be the Republicans or the Democrats and it won’t be the
American people: it will be Corporate America.”
A Supreme Court designed to protect our citizens has instead expanded the
rights of powerful companies, working through the radical right majority led
by Justices Roberts and Alito.
So much is at stake. A recent poll shows that the majority of Americans
believe that this Supreme Court favors big corporations over individuals.
The Court will soon rule on consumer rights in bankruptcy, workplace
protection against discrimination, the new health care law and a copyright
rule that could dramatically increase consumer prices.
Justice Stevens was a staunch advocate for the rights of ordinary Americans,
and his replacement must be too.
Americans need a Justice who will dispense justice to Americans, not protect
corporate profits at our expense.
Paid for by moveon.org political action, political.moveon.org, not
authorized by any candidate or candidate's committee, Moveon.org Political
Action is responsible for the content of this advertising.
*DOCUMENTATION:***
* *
In 2007, in the case of Ledbetter v. Goodyear Tire & Rubber Co. the Supreme
Court: “held that, under Title VII, the female victim of decades of pay
discrimination on the job who only learned of her biased treatment at the
end of her career could not sue since the discrimination had begun more than
180 days before her court filing and the statute of limitations had
therefore run. The four dissenters argued in vain that, given that Ledbetter
was unaware that she was being paid less than men on the job, each
discriminatory paycheck renewed the cause of action and the 180 days should
be measured from the point at which she first learned of the salary double
standard.”
http://www.pfaw.org/media-center/publications/the-business-of-justice-how-the-supreme-court-putting-corporations-first
“In 2009, in Gross v. FBL Financial Services (2009), the majority knocked
the wind out of the Age Discrimination in Employment Act by ruling that age
discrimination plaintiffs can no longer use the traditional "mixed motive"
test from Title VII when bringing a case but must prove that age was the
"but for" cause of their discriminatory treatment at the hands of an
employer.” (
http://www.pfaw.org/media-center/publications/the-business-of-justice-how-the-supreme-court-putting-corporations-first)
In 2008, Justices Roberts, Kennedy, Thomas, Souter and Scalia. reduced the
punitive damage award from the Exxon Valdez spill in Alaska from $2.5
billion to $507.5 million. (
http://www.pfaw.org/media-center/publications/the-business-of-justice-how-the-supreme-court-putting-corporations-first)
In February 2010, according to *The New York Times*: “Thousands of the
nation’s largest water polluters are outside the Clean Water Act’s reach
because the Supreme Court has left uncertain which waterways are protected
by that law, according to interviews with regulators.” (
http://www.nytimes.com/2010/03/01/us/01water.html )
“In 2010, in Citizens United v. FEC, a case that dealt originally with the
question of whether the electioneering communications provisions of the
McCain-Feingold Act apply to "pay-per-view" movies produced by
not-for-profit entities, five Justices on the Court, including the two named
by President Bush himself--Chief Justice John Roberts and Justice Samuel
Alito--reached out to ask a question that had not been posed to them. They
then answered it, announcing that private businesses – including for-profit
corporations - have a right to spend as much money as they want to elect or
defeat candidates in political campaigns at all levels. The decision
reversed numerous Supreme Court precedents and toppled dozens of
long-standing campaign finance laws at the federal and state level, clearing
the field to permanently remake America's popular democracy into something
like a "corporate democracy." On its central point, Justice Kennedy’s
majority opinion was joined by Chief Justice Roberts and Justices Alito,
Thomas and Antonin Scalia.”
http://www.pfaw.org/media-center/publications/the-business-of-justice-how-the-supreme-court-putting-corporations-first
President Obama called the Citizens United ruling: “a major victory for big
oil, Wall Street banks, health insurance companies and the other powerful
interests that marshal their power every day in Washington to drown out the
voices of everyday Americans.” (
http://www.nytimes.com/2010/01/22/us/politics/22scotus.html?partner=rss&emc=rss)
“"The bottom line is, the Supreme Court has just predetermined the winners
of next November's election. It won't be the Republican or the Democrats and
it won't be the American people; it will be corporate America," Senator
Charles Schumer, a Democrat from New York, said.” (
http://www.reuters.com/article/idUSTRE60K3SK20100121 )
In his dissent around the Citizens United court ruling, Justice Stevens
said: “"The court's ruling threatens to undermine the integrity of elected
institutions around the nation." (
http://www.msnbc.msn.com/id/34822247/ns/politics-supreme_court/ )
According to *The New York Times*: ‘Pamela S. Karlan, a law professor at
Stanford, said Thursday’s decision, Citizens United v. Federal Election
Commission, was a telling indicator of the direction of the court. “This is
a deeply divided court with a strong pro-corporate wing,”” (
http://www.nytimes.com/2010/01/23/us/politics/23scotus.html )
According to *The New York Times: *“In a series of controversial cases about
abortion, racial integration in schools, faith-based programs and the death
penalty, the court’s four more conservative justices prevailed, with Justice
Anthony M. Kennedy providing the crucial fifth vote. The four more liberal
justices were often moved to dissent in unusually personal and vehement
terms. “It is my firm conviction,” Justice John Paul Stevens wrote in the
case striking down race-based enrollment policies in public schools, “that
no Member of the Court that I joined in 1975 would have agreed with today’s
decision.” (
http://www.nytimes.com/2010/01/22/us/politics/22scotus.html?partner=rss&emc=rss)
A recent poll shows that the majority of Americans believe that this Supreme
Court favors big corporations over individuals.
http://s3.moveon.org/pdfs/moveon
The Supreme Court will soon rule on the following cases:
*Ransom v. MBNA, America Bank* : “Whether, in calculating the debtor’s
“projected disposable income” during the plan period, the bankruptcy court
may allow an ownership cost deduction for vehicles only if the debtor is
actually making payments on the vehicles.”
http://www.scotuswiki.com/index.php?title=Ransom_v._MBNA%2C_America_Bank
*Costco Wholesale v. Omega: *Whether the first-sale doctrine applies to
imported goods manufactured abroad. If the Court holds that the “first sale
doctrine” doesn’t apply to goods manufactured abroad, consumer prices on a
wide range of goods will increase dramatically – and a copyright
infringement would exist each time an ordinary consumer sells or gives away
any copyrighted good or material with a copyright label that was
manufactured abroad.
*Kasten v. Saint-Gobain Performance Plastics Corporation*: “Is an oral
complaint of a violation of the Fair Labor Standards Act protected conduct
under the anti-retaliation provision?” In this case, Kevin Kasten, who
worked at a manufacturing facility in Wisconsin, made repeated oral
complaints to his supervisor, in compliance with his company’s reporting
procedures, that the company’s policy of not allowing employees to clock in
when putting on their uniforms at the plan was illegal. During the same
time, Kasten received an increased number of disciplinary warnings, a
suspension, and eventual termination. Although federal law clearly
prohibits retaliation toward an employee who has filed a written complaint
about violations of fair labor laws, the Court will consider whether
employees who make only oral complaints – even if doing so in accordance
with company policy – are not protected from retaliatory discharge or
discrimination.
(
http://www.scotuswiki.com/index.php?title=Costco_v._Omega#Briefs_and_Documents)
A group of State Attorney Generals has filed a federal lawsuit against the
constitutionality of the individual mandate required in the recently passed
health care reform legislation. The lawsuit claims: *“The Constitution
nowhere authorizes the United States to mandate, either directly or under
threat of penalty, that all citizens and legal residents have qualifying
health care coverage.” **(
http://politicalticker.blogs.cnn.com/2010/04/07/five-states-join-lawsuit-against-health-care-bill/?fbid=oTdH0IvHlxf)This
case is expected to make its way to the Supreme Court.
*And according to Talking Points Memo: “Note to President Obama's future
Supreme Court nominee: get ready for questions about whether it's legal to
mandate health insurance coverage. Conservatives geared up for a fight on
the confirmation of Obama's choice to replace retiring Justice John Paul
Stevens are increasingly saying they want to make health care the big
issue.” (
http://tpmdc.talkingpointsmemo.com/2010/04/far-right-scotus-group-health-care-lawsuits-new-blood-for-confirmation-hearings.php)
According to *The New York Times*: “Justice Stevens, the oldest and arguably
most liberal justice, now finds himself the leader of the opposition.
Vigorous and sharp at 87, he has served on the court for 32 years,
approaching the record set by his predecessor, William O. Douglas, who
served for 36. In criminal-law and death-penalty cases, Stevens has voted
against the government and in favor of the individual more frequently than
any other sitting justice.” (
http://www.nytimes.com/2007/09/23/magazine/23stevens-t.html?_r=4 )
According to the Washington Post: “Americans of both parties overwhelmingly
oppose a Supreme Court ruling that allows corporations and unions to spend
as much as they want on political campaigns, and most favor new limits on
such spending, according to a new Washington Post-ABC News poll. Eight in 10
poll respondents say they oppose the high court's Jan. 21 decision to allow
unfettered corporate political spending, with 65 percent "strongly" opposed.
Nearly as many backed congressional action to curb the ruling, with 72
percent in favor of reinstating limits.” (
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/17/AR2010021701151.html?hpid=topnews)
*# # #*
*Gena Madow*
Account Coordinator
*
FENTON | communications*
1000 Vermont Ave., NW Suite 200
Washington, DC 20005
202.822.5200 Ext 245
202.789.7756 Direct
www.fenton.com
--
Ilyse G. Hogue
Director of Political Advocacy and Communications
MoveOn.org
ph: 202-822-4780 x219
mobile: 202-731-2656
Hope is a feeling that life and work have meaning. You either have it or you
don't, regardless of the state of the world that surrounds you.
----Vaclav Havel
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