Heritage Foundation

Heritage Foundation

The best-known and most influential right-wing think tank, the Heritage Foundation owes much of its success to savvy marketing and PR and the generous donations of right-wing benefactors, foundations and wealthy corporations. The foundation boasts about its influence on Capitol Hill yet insists that it does not "lobby."

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Obama's "Unconstitutional" Nobel Prize

If you were worrying that the Right might be running out of subjects from which it could gin up phony controversies, rest assured that they are always hard at work coming up with new, innovative, and ridiculous scandals ... like the idea that in accepting the Nobel Peace Prize, President Obama violated the Constitution:

Last Thursday, Barack Obama accepted the Nobel Peace Prize Oslo, Norway. He is the third sitting president, after Woodrow Wilson and Theodore Roosevelt, to win the award. While controversy swirled around the award being granted to a wartime president, Matthew Spalding with The Heritage Foundation is concerned about the constitutionality of Obama's acceptance of the Nobel Prize. 

A clause in Article I, Section 9 of the U.S. Constitution states: "No Title of Nobility shall be granted by the United States: And no Person holding any Office or Trust under them, shall, without the consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign state." That raises a question: Is the Nobel Peace Prize an "Emolument" -- a gift arising from one's office which includes some sort of monetary award with it?

Spalding, director of the B. Kenneth Simon Center for American Studies at The Heritage Foundation, says since the award is technically the property of the United States, Obama has under 60 days to turn the award over to the appropriate authorities for proper disposal.

"The Commission, the group that gives out the Nobel Prize, is actually appointed by the Parliament of Norway, which is [to] say that it's connected with a foreign state. This makes it very interesting," the Heritage scholar notes. "In 1993, President Clinton's own Office of Legal Counsel said that it didn't have to be a foreign state acting in a formal way, but could be, rather, indirect. [This] seems to be a perfect example of what the Nobel Prize is -- and the Founders put this clause in the Constitution precisely to make sure that foreign states didn't unwarrantedly influence American domestic politics."

Spalding believes the Nobel Prize Commission intended to give the award to a president who had not yet accomplished anything, in hopes of encouraging him to do certain things in the future.

And for the record, "emolument" means "salary, wages and benefits paid for employment or an office held," not "gift".  

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Washington Times Teams Up With the Heritage Foundation to Save the Conservative Movement

I'm guessing that if, say, the Washington Post teamed up with a progressive group to create a new website called TheLiberals.com, right-wing activists and media critics would have a complete meltdown.

I'm likewise guessing that we will see no such meltdown about this:

Conservatives and citizen journalists have a new interactive community destination that showcases breaking news, opinion and culture with stunning technology, patriotic layout and ideological muscle.

TheConservatives.com -- a joint online media venture from The Washington Times and the Heritage Foundation -- is a tool to "reinvent the right" and steer the public discourse. It is up and running as of Tuesday and geared to those who are not content to sit on the sidelines.

"TheConservatives.com creates a cutting-edge new marriage between the social publishing world of bloggers and the social networking world of Twitter, Facebook and the like. Most opinion sites today enable thought-leaders to talk down to the masses. But TheConservatives.com empowers users to change the direction of that dialogue, allowing the Joe the Plumbers of the world to speak up to major thinkers, like Newt Gingrich," said John Solomon, executive editor and vice president for content of The Times.

"It is convenient. It is groundbreaking. And we believe it will transform grass-roots communications, enabling a two-way dialogue. The best ideas can grow up from the netroots, reaching like-minded opinion leaders. It is a technology and a concept that can be adapted by thinkers on the right, the left and the center," Mr. Solomon said.

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Roberts and Alito: Good for Women, Sotomayor: Bad

Apparently the confirmations of John Roberts and Samuel Alito were great things for women in this country whereas the possible confirmation of Sonia Sotomayor, an actual woman, would be a bad thing - at least that seems to be the message of the Women's Coalition for Justice:

Members of the Women's Coalition for Justice released the following statements in advance of the Senate confirmation hearings for Supreme Court Nominee Judge Sonia Sotomayor beginning next Monday.

Marjorie Dannenfelser, President of the Susan B. Anthony List, stated, "Women are best protected by the rule of law -- and blind justice. Their rights are most endangered when personal preference, ideology or painful personal history inform judgment ... Given what we know about Sonia Sotomayor's own judicial philosophy, including her support of policymaking from the bench, senators have just cause to reject her appointment to the United States Supreme Court."

Genevieve Wood, Vice President of Strategic Initiatives, The Heritage Foundation ..."[Sonia Sotomayor's] statements raise grave concerns about whether she can truly be impartial and the current defense that she simply endorses including different perspectives doesn't hold water. The Senators must ask challenging questions to determine whether she believes that a wise woman can reach the same conclusion as a wise man, or whether she intends to bring bias, as she has suggested, even to most cases."

Connie Mackey, Senior Vice President for FRCAction ... Women think independently and most women will see that Sonia Sotomayor is a judicial activist who will use the courts to make policy reflective of her own personal judgments as opposed to ruling based upon the tenets put forth by the Constitution.

Charmaine Yoest, President and CEO of Americans United for Life remarked ... "Her record of activism in support of a radical pro-abortion agenda is clear and documented. This is a judge with a record significantly worse than Judge Souter's. We are asking the Senate Judiciary Committee to seriously consider the consequences of confirming a Supreme Court justice whose radical record shows she would rule against all common-sense legal protections for the unborn, including parental notification, informed consent and bans on partial-birth abortion. The American people will not tolerate a nominee who is outside the mainstream of American public opinion."

Wendy Wright, President of Concerned Women for America Legislative Action Committee stated, "Sonia Sotomayor's record reveals she lacks the primary characteristic required of a judge -- impartiality ... After giving her the benefit of the doubt, her record of giving preferences to certain classes of people and denying equal justice to others obliges Concerned Women for America Legislative Action Committee to oppose her nomination to the U.S. Supreme Court. Sonia Sotomayor has disqualified herself from the U.S. Supreme Court. Senators need to set aside their party loyalty and do their Constitutional duty to uphold equal justice for all by opposing Sonia Sotomayor's nomination."

Not surprisingly, many of these same conservative women also participated in the "Women For Roberts" coalition which held a press conference at which they praised the fact that John Roberts "doesn't have a sexist bone in his body" as well as a “Women for Alito” press conference to make the case that "Samuel Alito possesses the capability, character and commitment to the law America needs in a Supreme Court justice, and he deserves a swift and fair confirmation."

So there you have it: the appointment of ultra-conservative men to the Supreme Court by President Bush greatly advances the interests of women, whereas the appointment of an actual woman by President Obama greatly undermines those interests and Senators have an obligation to uphold the rights of all women by rejecting the nomination of this particular woman.

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Whither the Four Horsemen?

Back when George W. Bush was seeking confirmation for his Supreme Court nominees, there was a group of right-wing Washington insiders known as the "four horsemen" who were at the center of this effort:

The calls start just after 8 every morning, and the participants phone in from just about anywhere. A lawyer speed dials the teleconference line from a taxi as he dashes to a breakfast meeting. A radio evangelist checks in before heading to Atlanta. An old Reagan hand punches in the password from a hotel room while a federalist movement leader calls from his office near the White House.

The daily conference call, in many ways, is indistinguishable from thousands of others occurring inside Washington's beltway, but with one big difference: This one is shaping the Republicans' nomination strategy for the Supreme Court and, in consultation with the White House, scripting party-line talking points. The daily call is also the glue for a fragile conservative coalition, from the religious right to the business lobby, that's smoothing the way for President Bush's nominee to replace Justice Sandra Day O'Connor.

The men, who have been dialing in since 2003, have come to be known as the "Four Horsemen": C. Boyden Gray, Edwin Meese III, Jay Sekulow, and Leonard Leo. Hand-picked by the White House for their ties to disparate conservative groups, they have been instrumental in helping the president name strict constitutionalists to the federal bench--and now they hope to do the same on the nation's highest court. "We've been waiting for this for four years," says Sekulow of the American Center for Law and Justice. And so the Four Horsemen are galloping into this confirmation fight.

This time around, with a Democrat in the White House and Sonia Sotomayor nominated to the Supreme Court, most of these horsemen have been nowhere to be seen.  While Sekulow remains engaged in the process, both Leo and Gray have been relatively absent, though they have spoken out on occasion, while Meese had been seemingly AWOL entirely. 

Or so we thought until we saw this:

Ed Meese is at it again.

The Reagan-era attorney general, beloved by conservatives but long reviled by many liberals, is playing an important behind-the-scenes role in coordinating opposition to Supreme Court nominee Sonia Sotomayor.

From his perch at the conservative Heritage Foundation, the 77-year-old Edwin Meese III has been meeting with a network of right-of-center lawyers, buttonholing Republican senators and preaching the same message he’s been delivering since the 1980s: judges should follow the Constitution and not push a liberal agenda from the bench.

“He’s been very influential in his meetings on Capitol Hill and behind-the-scenes working with leading legal lights,’’ said Gary Marx, executive director of the Judicial Confirmation Network, which has been echoing Meese’s message with regular public blasts against Sotomayor.

“All of us feel like we stand on the shoulders of giants who have come before us, and clearly Meese is one of those giants and a conservative icon,’’ Marx added.

Interestingly, we've read lots of coverage about the Right's efforts to coordinate its opposition to Sotomayor but have never even so much as seen Meese's name mentioned very often.  Frankly, that is not surprising because presumably the Right doesn't really want its anti-Sotomayor efforts to be too compromised by knowledge that the man who played in central role in nominating Robert Bork to the Supreme Court is now playing a similar role in opposing Sotomayor.

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SCOTUS Round-Up

In its Washington Update, the Family Research Council reacts with joy to the news that Sen. Jeff Session has been chosen to become ranking Republican on the Judiciary Committee:   

Sessions has proven to be a strict constructionist who is unapologetically pro-family on policy matters. One of FRC Action's "True Blue" awardees, Sessions has a track record of voting for traditional values 100% of the time on key legislative issues … For conservatives, his promotion could not have come at a better time. As Republicans brace for a party showdown over the replacement for retiring U.S. Supreme Court Justice David Souter, Sessions--an uncompromising voice for faith and family--will be just the man to lead them into battle. 

Andrew Grossman is Senior Legal Policy Analyst in the Center for Legal and Judicial Studies at The Heritage Foundation writes that while David Souter was “certainly no originalist, in numerous cases [he wrote] opinions that are in accord with the demands of the Constitution and the rule of law.”  After citing several such cases, Grossman declares:

In nearly all of these cases, more liberal members of the Supreme Court sought outcomes inconsistent with the Constitution and the rule of law. That block would find additional strength if President Obama appoints a liberal activist to the Court to replace Justice Souter, a center-left moderate, and many cases like those listed above would have had different outcomes. As a result:

    * Violent criminals would be freed for minor blunders by police,
    * Tough sentences for violent crimes would be struck down,
    * Trial lawyers would have more opportunities than ever to launch frivolous, but expensive lawsuits, and
    * Victims of crimes would be denied a role in the criminal justice system.

The bottom line: Justice Souter was no conservative and no originalist, but replacing him with a far-left activist would change the balance of the Court for the worse.

Ed Whelan continues to make his case against the possible nomination of Diane Wood, while the Judicial Confirmation Network released its own memo targeting Wood along with Elena Kagan and Sonia Sotomayor:  

While President Obama has said he intends to nominate a moderate or a pragmatist, not a liberal activist, it is advisable to take that statement with a grain of salt. Remember, he thinks that the current Supreme Court the majority of which is a liberal judicial activist Court is "right-wing" or "conservative." If that is his frame of reference ("liberal judicial activist" equals "right-wing"), then his definition of "moderate" may be equally skewed.

Moreover, with the vetting record of this White House and its willingness to appoint to high government posts nominees who have cheated on their taxes and have other ethical problems, any rush to appoint a Supreme Court Justice with lightning speed is all the more unseemly. And it certainly violates the Obama promises of transparency and accountability. We need a fair, orderly process to educate Americans about the potential nominees that the Obama-Leahy machine seems determined to rush through the confirmation process.

Here are three women widely thought to be front-runners for this Supreme Court seat. They are not moderates. They are not pragmatists. They are hard-left liberal judicial activists.

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The Judicial Nominations Fight, Through the Eyes of the Right

World Magazine has a good article on President Obama and the issue of judicial nominations ... and by "good" I mean an exhaustive listing of all of the complaints and concerns Republicans and right-wing judicial activists have about the process and the future of the judiciary:

Conservatives say Obama missed an opportunity to usher in a more conciliatory start to the often contentious judicial nominating process by naming [David] Hamilton ... In nominating Hamilton, Obama ignored a letter from all 42 Republican senators, asking the president to get the process off to a bipartisan start by renominating several of President George W. Bush's blocked nominees. Bush renominated two of President Bill Clinton's stalled choices soon after taking office ... GOP senators had also hoped to use the "blue slip" tradition, which holds that no judicial nominee can come before the Senate without agreement (in the form of a blue slip) from both senators representing that nominee's state. Republicans have at least one senator in 27 states. But the two GOP senators from Texas are already losing a battle to hold onto this privilege as the White House recently signaled its intention to include that state's 12 House Democrats in the screening process.

So it was Obama who missed the opportunity to be conciliatory by not nominating rather than, say, all the Republicans in the Senate who had pre-emptively threatened to filibuster all of Obama's judicial nominees? Nice try.

Furthermore, Obama did not "ignore" their letter - in fact, he obviously took into consideration their demand that the White House "consult with us as it considers possible nominations to the federal courts from our states" because he obviously did so with Republican Senator Richard Lugar, who immediately praised the nomination:

"I enthusiastically support the Senate confirmation of David Hamilton for U.S. 7th Circuit Court of Appeals. Judge Hamilton has served the Southern District of Indiana with distinction as U.S. District Court Judge," U.S. Sen. Dick Lugar said.

Thirdly, how exactly are the Republican Senators from Texas "losing the battle" to use the "blue slip"?  As we pointed out before, in situations where the President is of one party and both of a state's Senators are from the other, tradition has generally dictated that opposing party Senators play a secondary role in the judicial nomination selection process - and that is what is happening in Texas. If they don't like Obama's nominees, they are still free to refuse to return their blue slips, so in no way can it be said that they at risk of losing this privilege.

In essence, as the article explains, all of these sorts of gripes are aimed primarily at ginning up opposition to Obama's judicial nominees in order to set the stage for a Supreme Court battle and rally Republican forces leading into the mid-term elections:

The ultimate hope among conservative lawmakers is that if Obama overreaches in his judicial picks, then Democrats may face a backlash in the polls during the 2010 Senate races. Such political costs could force Obama to make marginally more moderate picks in future openings, says Ed Whelan, president of the Ethics and Public Policy Center.

The article features quotes from a variety of right-wing groups that work on the issue, including Whelan, as well as representatives of the Alliance Defense Fund, Judicial Watch, the Committee for Justice, and the Heritage Foundation ... so if you are looking for a good run-down of just about every right-wing talking point on the judiciary and judicial nominees, this article offers one-stop shopping.

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Heritage Foundation: Change We Can Obstruct

Heritage Email Offer

The Heritage Foundation, a behemoth of right-wing marketing muscle, wasted no time in pledging to stop the Obama administration from advancing progressive policies on health care, the environment, the courts. After eight years of backing the Bush administration, NOW they’re encouraging people to read the Constitution?

Click here to see more of Heritage's email.

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Doing Away With VAWA

Apparently, tomorrow the Eagle Forum and RADAR [Respecting Accuracy in Domestic Abuse Reporting] are co-hosting an all-day event entitled “The Conflict between Federal Domestic Violence Policies and Traditional Family Values” [PDF] at The Heritage Foundation that will focus on how to do away with the Violence Against Women Act: . 

The Violence Against Women Act, which now costs the federal government $1 billion a year, has spawned an industry that undermines Constitutional protections, thwarts welfare reform, weakens military readiness, fosters immigration fraud, and is harmful to families. This conference will probe how to rein in a federal law that increasingly encroaches on the personal lives of millions of Americans.

Just check out the forum’s agenda:

9:30
Feminist Fatherphobia and Domestic Violence
Phyllis Schlafly – Eagle Forum

10:00
How Marriage Protects Against Domestic Violence
Robert Rector – Heritage

10:45
How Domestic Violence Policies Weaken Families and Harm Children
Stephen Baskerville, PhD – Patrick Henry College
Foundation

11:15
VAWA: Victimizing All Taxpayers Act?
Benjamin Foster, PhD, CPA – University of Louisville College of Business

11:45
Impact on Military Readiness
Elaine Donnelly – Center for Military Readiness

It’s easy to understand that “marriage protects against domestic violence” provided that you share Schlafly’s view that wives cannot be raped by their husbands.

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Right Attacks California Marriage Ruling

Not surprisingly, the Right’s reaction to last week’s ruling by the California Supreme Court in favor of equal marriage rights for gays and lesbians was swift and negative.

Former Rep. Ernest Istook, now of the Heritage Foundation, evoked Nazi metaphors to blame those who supported civil unions as a compromise: “By trying to appease homosexual rights activists, those who have refused to stand up for traditional marriage helped to create this court ruling.  They are the Neville Chamberlains of the cultural wars.”

Barrett Duke of the Southern Baptist Convention's Ethics & Religious Liberty Commission said he was "saddened for the people of California" but "especially for the children of that state."

"The California Supreme Court ruling not only overruled the very clear will of the people, it also proposes to overrule God's design," Duke said. "These judges may think they know more about marriage than the rest of us, but I am confident they don't know more about marriage than God. Marriage is the union of one man and one woman. Children need that environment to give them their best chance to fulfill their great potential. That's not only my opinion and the opinion of most of the people in this country, it's God's opinion, and His opinion overrules the opinion of any judges.

Indeed, the Right emphasized this “activist judges” angle; Gary Bauer, attacking the “four unelected robed radicals,” wrote:

It was an egregious exercise in judicial activism – of judges wielding raw political power to redefine our most basic values. But that is how the Left has succeeded. It cannot achieve its goals through the democratic process via the elected legislatures, so it ignores the people and goes to the courts, where it relies on political activists cloaked in black who answer to no one. The Left succeeds by using the most undemocratic methods possible.

Of course, Bauer may not realize that, while appointed at first, justices on California’s Supreme Court face voters at the next general election; each of the justices in the majority for this case has been retained by voters at least once. Bauer is probably aware, though, that the “elected legislature” in California passed marriage equality in 2005 and 2007, only to have it vetoed both times by Republican Gov. Arnold Schwarzenegger.

Nevertheless, right-wing activists hoped the decision would energize opponents of gay rights into action. “The good news is that I believe this will re-ignite the debate over a federal constitutional amendment,” according to Concerned Women for America’s Matt Barber. Jan LaRue called on Californians to recall members of the state’s Supreme Court in the way they recalled the governor several years ago. “Are you going to sit by and do nothing while four black-robed despots take away your right to govern yourselves?”

Meanwhile, the effort to put on a constitutional amendment to ban gay marriage on the California ballot continues—now, apparently, with more funding.

And, in spite of a beleaguered GOP’s effort to keep a low profile on social wedge issues during this election cycle, the Right is hoping the decision will push John McCain to “speak out more strongly in support of defining marriage as the union of one man and one woman,” as Peter Sprigg of the Family Research Council put it.

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