Common Cause's Notes

This summer, as Common Cause interns, we have had the opportunity to attend and participate in many important political events in Washington, D.C. Yesterday morning, we observed a portion of a particularly historic event--the first day of questioning in the Senate Judiciary Committee's confirmation of Sonia Sotomayor. We witnessed one of the most heated parts of the day's hearings--Senator Jeff Sessions (R., Alabama) grilling Sotomayor on whether her perspective as a "wise Latina" would lead her to rule with bias on the bench.

Hundreds of people, including politicians, Sotomayor's supporters, and members of the media and public packed into the hearing room and listened to the judge's testimony. Throughout the hearing, there was an audible buzz while Sotomayor answered questions--members of the media furiously typed away typed at their computers, while others continuously clicked their camera shutters.

Sotomayor remained calm, yet evoked frustration as Sessions repeatedly questioned her about whether her sex and ethnicity would influence her ability to impartially interpret the law. When the senator asked whether she stood by her "wise Latina" comments from past speeches, she explained that she did not regret the message of her statements, but that she disagreed with Sessions' interpretation of them. Sotomayor disputed Sessions'--as well as many other Republicans'--assumption that her upbringing and background cause her to rule with bias, explaining that her past experiences provide her with an open mind, and therefore allow her to be a better judge.

During his questioning, Sessions explained that he agreed with Judge Miriam Cedarbaum, who "believes that judges must transcend their personal sympathies and prejudices." To Sessions' apparent surprise, Sotomayor explained that Cedarbaum was her "friend," and that he was in the hearing room. Cedarbaum later told The Wall Street Journal, "I don't believe for a minute that there are any differences in our approach to judging, and her personal predilections have no [a]ffect on her approach to judging."

The tension in the hearing room suggested both the partisan nature of the nomination process, and more broadly, the magnitude of appointing a new member to the highest court in America. It was an honor to attend yesterday's hearing and to witness history in the making, as Sonia Sotomayor may soon become the first Latina Supreme Court Justice in the United States.

This week, the Senate begins deliberations on the Supreme Court nomination of Judge Sonia Sotomayor, who if confirmed, would become the first Hispanic and only the third woman to serve on the high court. For campaign finance reform advocates across the nation, her nomination may be no less historic - perhaps a rare opportunity to seat a champion of clean elections on the Supreme Court. With the high court poised to review our campaign finance laws in September, Judge Sotomayor's record on and off the bench suggests that a Justice Sotomayor may emerge as a compelling voice of reason on the issue of campaign finance reform.

To begin with, for four years prior to her appointment to the U.S. District Court by President George Bush in 1992, Judge Sotomayor served on the New York City Campaign Finance Board, a nonpartisan agency that administers the city's campaign finance program. In 1996, co-authoring an article in the Suffolk University Law Review, Judge Sotomayor wrote,

"The public must demand a change in the role of private money or find other ways, such as through strict, well-enforced regulation, to ensure that politicians are not inappropriately influenced in their legislative or executive decision-making by the interests that give them contributions."

Furthermore, in 2005, on the one instance when campaign finance reform entered her jurisdiction as a Court of Appeals judge, Sotomayor joined the majority opinion in effectively granting the court's blessing to Vermont's strict limits on campaign contributions.

Admittedly, Judge Sotomayor's substantial legal record is no ironclad guarantee that as a justice on the high court, she will be no less an ardent defender of campaign finance reform. One only need to be reminded that retiring Supreme Court Justice David Souter, appointed to the court by the first President Bush for his conservative credentials, soon surprised even the court's keenest observers by consistently dissenting from his fellow appointees from the Reagan-Bush years.

If confirmed, we hope that Judge Sotomayor will continue to follow a commonsense interpretation of our nation's laws, recognizing that forging a stronger foundation for free speech in our democracy will require breaking the stranglehold of special interests on our leaders through campaign finance reform.

Since President Obama has taken office his administration and a congress controlled by Democrats have pursued and passed several major initiatives geared toward putting America back on track. Chief among these initiatives have been rescuing banks and financial firms whose impending demise put America on the precipice of a complete economic meltdown, passing a massive stimulus bill to slow and potentially stop the massive amounts of job losses, and starting to wind down the war in Iraq which has cost us dearly in blood, treasure, and international prestige. Most recently Obama and congress are pushing for reforms in healthcare, environmental and energy policy.

All that being said, Obama and Congress have yet to tackle the fundamental issue that created the catastrophe out of which we are now digging ourselves - an issue that Obama himself campaigned on: campaign finance reform.

...except for a Dick Cheney surprise, that is.


He's been out of office for over five months, but every day another example of the former Vice President's eight-year end-run around the Constitution comes to light. Just since last Friday, reports have emerged that the Bush Administration's surveillance system extended well beyond warrantless wiretapping, as well as news of a secret CIA spying program that Vice President Cheney ordered the agency to withhold from Congress.

These revelations, of course, are in addition to the last administration's abuses of power that we already know about: the use of torture and "enhanced interrogation" on detainees at Abu Ghraib, Guantanamo and other prisons, the politicization of the Bush Justice Department and the abuse of executive privilege.

Attorney General Eric Holder has indicated that he's willing to appoint a prosecutor to investigate a narrow set of issues related to torture. "That is simply not good enough," said Common Cause President Bob Edgar in a press statement released early Monday. Indeed, it is imperative that this prosecutor be given a broad mandate to ensure that all of the Bush administrations' transgressions are investigated. Continued indifference toward such egregious abuses of power and disregard for the rule of law will do irreparable damage to the fabric of our democracy.

Join us in urging Attorney General Holder to appoint a special prosecutor to investigate ALL Bush administration abuses of power.
This cannot wait for yet another surprise news story about Vice President Cheney and other misguided Bush administration officials. "America must know what was going on during this critical period of history, to be confident that any abuses have indeed been stopped and will not reoccur," said Edgar.

Bill Moyers takes his renowned pen to Truthout and, while citing one of our recent reports, tears apart the notion that the reason for so much "compromise" in Washington on health care, financial regulation, and clean energy has to do with lively debate or a divide among the will of the people. It's not about compromise. It's not about what the public wants. It's about money - the golden ticket to "the select few who actually get it done."

When Congress passed the Helping Families Save Their Homes Act, "the select few" made sure it no longer contained the cramdown provision that would have allowed judges to readjust mortgages. The one provision that would have helped homeowners the most was removed in favor of an industry that pours hundreds of millions into political campaigns.
The list of injustices goes on, and they cite a couple other poignant ones in the column.

Our "Washington's Black Gold" report on climate cash, referenced by Moyers and co-author Michael Winship, is right over here.

Again, public broadcasting's elder statesman paints an unpretty but honest picture.

A day after this Politico story pointed out the growing pressure on the Obama administration to act, not just make promises, to upgrade our ailing campaign finance laws in this country, the New York Times weighs in with an important call to Obama to make the FEC a functional agency again.The F.E.C. is "mired in enforcement gridlock," [Senators McCain and Feingold] properly note. Over the last year, the commission's Republican members have repeatedly maneuvered for 3-to-3 tie votes to block enforcement of campaign laws and even scuttle penalties already agreed to by violators from both parties.
With the F.E.C. crippled and the Supreme Court poised to review the McCain-Feingold law's measured restrictions on corporate political spending, the cause of responsible campaign reform is back before the nation. Mr. Obama has promises to keep.

Crossposted at the Times Union Blog

We at Common Cause/NY are fed up with gridlock in the New York State Senate. The antics of our state senators have stalled important bills on campaign finance reform, ethics, stimulus oversight, and election reform - to name only some of the areas where important bills were left to hang - and blocked renewal of city and county authority to help the unemployed, run schools and collect sales tax. The Senate has wasted the tax dollars of 19 million New Yorkers and made Albany a national laughingstock.

"You were elected by the people to represent us. Gridlock does not represent us. GET TO WORK!" - S. A., Suffern, SD 38

That is why we've launched a campaign telling our state senators to Get Back to Work and Stick With It! The current stalemate is a symptom of a larger disease that paralyzes functional government year-in and year-out, one that is painfully obvious right now. Stick With It is one phase of the larger Empire State Project which will fight to ensure Albany doesn't return to "business as usual" when the stalemate ends. Our long-term goal is to identify and help initiate long-term structural changes to protect New Yorkers from such a deadlock ever happening again.

Change is in the air in Massachusetts -- just last week a sweeping ethics, lobbying, and campaign finance bill was signed into law. After years of advocating for these reforms, Common Cause's work has paid off in triplicate.

When a series of public corruption scandals shook the State House last year, Governor Deval Patrick assembled a task force that included a large Common Cause contingent--state director Pam Wilmot, former national president Scott Harshbarger, and state board member Peter Sturges. This task force then drafted legislation that was filed in January at the start of the legislature's two-year session.

"Reform before revenue" became a mantra in State House offices, and within months starting both houses had passed their own bills. Through a forceful lobbying, media and advocacy campaign, Common Cause, along with reformers in the State House, swayed the conference committee to adopt the strongest aspects within the house and senate versions.

When the compromise bill passed the week before last, Common Cause was acknowledged on the floor of the senate. When it was signed into law, Speaker Robert DeLeo publicly acknowledged Common Cause's significant part in moving this legislation.

A summary of the legislation, and a copy of the bill, can be found here.

Cross-posted at the Albany Times Union.

There is only one solution to the state senate meltdown: the personal touch.

Each senator should pick one senator of the opposing party from a different part of the state from his or her own district and quietly and personally reach out to that senator. Make a phone call, send an email, have a mutual friend reach out - heck, even send a hand-written note. And then, meet in person. Quietly. Off-the-record, somewhere out of the way or behind closed doors. Air your grievances, try to understand the other's point of view - but stick with it, keep talking. Build the relationships that are necessary to break the deadlock, but are also necessary for effective legislating.

Governor Patterson is following the right approach, forcing the senators to stay in Albany. But, as the old adage says, "You can bring a horse to water, but you can't make him drink." Senators should break the tedium of their enforced stay in Albany to break out of the existing echo chambers that they seem trapped in.

Seven years after McCain-Feingold, poll after poll reveals that Americans continue to resoundingly endorse campaign finance reform. In October 2008, with the nation in the grips of a historic election, a USA Today/Gallup poll found that 57% believe there must be limits on spending by presidential candidates, including 66% of independents and 64% of Republicans.

It is rather unfortunate that philosophical opposition to campaign finance reform by three members of the Federal Election Commission (FEC), the very agency charged with administering and enforcing campaign finance legislation, appears to be muzzling momentum for taking the big money out of our broken political system. According to Talking Points Memo, three Republicans on the six-member FEC, led by no less than Tom DeLays former ethics lawyer, have repeatedly voted as a block against the agencys performance of its basic regulatory functions.

Be it George Soros's failure to report a whopping $272,000 spent on advertising an anti-Bush book during the 2004 presidential campaign or the conservative Americans for Limited Governments misuse of FEC disclosure reports to discourage donors form making contributions, the three commissioners have turned a blind eye to violations of election law on both sides of the aisle. Now, thats exactly the kind of bipartisanship we dont need in Washington.

In our fight for a more open and accountable government, the challenge of moving forward comprehensive campaign finance legislation in Congress is hard enough. The least the American people can expect from its commissioners on the FEC is that they leave their politics out the door and instead fulfill their obligation to faithfully enforce our nations campaign finance laws.