Subject: Today from the Constitutional Responsibility Project
From: Natalie Raps <[email-masked]>
To: Natalie Raps <[email-masked]>
Date: Mon, 2 May 2016 21:40:25 +0000

Today in the fight for a full and functioning Supreme Court: As Senators fly home for recess, a new poll shows Iowans growing increasingly frustrated with Senator Grassley's Supreme Court obstruction, the New York Times calls on Senate Republicans to do their job and the media reports that due to Supreme Court vacancy, the justices are accepting fewer cases.

Iowa voters oppose Sen. Chuck Grassley's obstruction of Chief Judge Merrick Garland's Supreme Court nomination.
Today, the Constitutional Responsibility Project, in conjunction with the League of Conservation Voters, released a new survey of Iowa voters conducted by Hart Research Associates. Findings confirm that a majority of Iowa voters support giving Chief Judge Garland a fair hearing and an up-or-down vote and believe that Sen. Grassley is playing partisan politics by refusing to allow the Senate Judiciary Committee to take action on Chief Judge Garland's nomination. Both undecided voters and one in five voters who otherwise might be inclined to support Grassley indicate that this issue could drive them to not vote for Senator Grassley in the November general election.

CLICK HERE<https://www.wetransfer.com/downloads/961e6d57eafa2cc94562247172477c6d20160502172400/562eec9c981709e6b29fd2a7cb3fa4d520160502172400/5d0613> to download the audio from today's call. A full memo from Hart Research Associates outlining the survey's findings can be found HERE<http://weneednine.org/wp-content/uploads/2016/05/Me-WN9-IA.pdf>.

Key findings from the Constitutional Responsibility Project and the League of Conservation Voters survey include:

  *   By a margin of 57 percent to 35 percent, Iowa voters say the Senate should hold hearings and give Chief Judge Garland an up-or-down-vote.
  *   When told about Senator Grassley's position on not allowing a hearing for Chief Judge Garland, 55 percent of voters have a negative reaction. 59 percent of independents view Senator Grassley's position negatively.
  *   60 percent of voters, including 63 percent of independents, agree with the conclusion that Senator Grassley is letting Senate Majority Leader Mitch McConnell dictate the Senate Republican position on Chief Judge Garland's nomination, rather than acting as a leader as chairman of the Judiciary Committee.
  *   44 percent of all Iowa voters said they are less likely to support Senator Grassley in his re-election bid this year as a result of his position to not grant Chief Judge Garland a fair hearing.
  *   One in five voters who otherwise might be inclined to support Grassley indicates that this issue could drive them away from him, and half of undecided voters also say this issue would make them less likely to be with Grassley in November.

Senate Republicans must rescue the Supreme Court from limbo.
The New York Times<http://www.nytimes.com/2016/05/01/opinion/sunday/rescue-the-supreme-court-from-limbo.html?partner=rssnyt&emc=rss> editorial board calls on Senate Republicans to do their job so the Supreme Court can do its job:

"The consequences of the impasse have been growing graver by the day... It could get worse from here. So far, the justices' docket for the term beginning in October is smaller than usual<http://www.scotusblog.com/statistics/>, and the eight-member court may hesitate before taking on high-profile cases on controversial topics that are more likely to result in split votes... Mr. Grassley and his fellow Republicans gambled that anger over their inaction would fade as the news cycle rolled on and the public's attention turned to the presidential campaign. Maybe Republicans are willing to take such gambles because they believe they don't have anything to lose. But the American people do."

We'll just kick the can down the road.
A short-handed Supreme Court is accepting fewer cases for next term. The Washington Post<https://www.washingtonpost.com/politics/courts_law/scalias-death-affecting-next-term-too-pace-of-accepted-cases-at-supreme-court-slows/2016/05/01/1d304d1c-0ecb-11e6-bfa1-4efa856caf2a_story.html> reports:

"The number of cases the justices have accepted has fallen, meaning that a docket that in recent years has been smaller than what is traditional is shrinking still. The court has accepted only six cases since Scalia died Feb. 13. The number is low compared with the average.... John P. Elwood, a Washington lawyer and Supreme Court specialist, said "having an extra member matters. He said there seem to be a number of "defensive denials," meaning neither side of the ideologically split court wants to take some cases because of uncertainty about how it will turn out, or whether the court will be able to reach a decision."

The facts don't line up with Sen. Grassley's claims.
The Daily Gate City<http://www.dailygate.com/opinion/article_112596ee-0d59-11e6-90bc-bf62cd26e406.html> fact-checks Sen. Chuck Grassley's claim that Supreme Court nominees are not confirmed during election years:

"President Roosevelt nominated Frank Murphy after Justice Butler died in 1939. Justice Murphy was confirmed in 1940. In 1968 Lyndon B. Johnson nominated Justice Abe Fortas to replace retiring Chief Justice Earl Warren. The Senate held confirmation hearings; however, Fortas asked his name to be withdrawn after battling fierce Congressional opposition... By refusing to begin the process of confirming Merrick Garland, Chuck Grassley isn't following tradition. He's making history. I guess his crystal ball is clearer than the history books he hasn't been reading."

Sen. Lankford and his Republican colleagues need to stop playing politics with the Supreme Court.
Elizabeth B. Wydra, president of the Constitutional Accountability Center, writes in The Oklahoman<http://newsok.com/lankford-is-playing-politics-with-supreme-court-nomination/article/5494978>:

"If anyone is 'playing politics' with the Supreme Court, it is Sen. Lankford and his Republican colleagues, who are blocking Garland from even getting a hearing and a yes-or-no vote. America needs a fully staffed, fully functioning Supreme Court that can decide cases of profound importance to law enforcement and prosecutors who keep our nation safe, while ensuring that the people's constitutional rights are protected. It is time for Lankford to do his job and call for hearings and a vote."

If Justice Scalia were a Senator, he would support hearings and a vote on Chief Judge Garland's nomination.
Salt Lake County lawyer Lawrence J. Leigh imagines a world in which the late Justice Scalia could weigh in on the Republican obstruction around the Supreme Court for the Salt Lake Tribune<http://www.sltrib.com/opinion/3826444-155/op-ed-sen-scalia-would-have-voted>:

"Sen. Scalia saw instantly that the majority leader was not "the Senate." Nor was the Republican Caucus. The "Senate" meant 100 members, two senators from each sovereign state. And the phrase "Advice and Consent" meant a vote by the Senate either to give or withhold its consent according to the principle of majority rule. The issue was not even a close call. He would speak in favor of voting up or down on the nomination."

A look ahead at a sampling of activity by our grassroots allies:

TUESDAY 5/03/16

Event: DSCC Press Call on How Supreme Court Obstruction Has Emerged as Election Year Issue
Time: 10:30AM ET
Host: DSCC
Key briefers/speakers: Fred Yang of Garin-Hart-Yang Polling
RSVP information: Please email Lara Sisselman at [email-masked]<mailto:[email-masked]> to receive a call-in number
Press Contact: Sadie Weiner, Lauren Passalacqua, 202-545-3524

Event: Don't Trump the Courts Allentown event
Location: In front of Sen. Toomey's office, 1150 S Cedar Crest Blvd # 101, Allentown, PA 18103
Host: Americans United for Change
Press Contact: Aletheia Henry, 614-668-5116, [email-masked]<mailto:[email-masked]>; Pat Millham, 570-854-1378; [email-masked]<mailto:[email-masked]>

Event: Cedar Rapids #DoYourJob Event
Location: Cedar Rapids, IA
Time: 12PM local time
Host: Americans United for Change
Press Contact: Derek Eadon, 515-954-8630, [email-masked]<mailto:[email-masked]>

Event: Kansas City #DoYourJob event
Location: Sen. Blunt's office, 1000 Walnut Street, Suite # 1560
Kansas City, MO 64106
Host: Americans United for Change
Press Contact: Martin Casas, [email-masked]<mailto:[email-masked]>

Event: Springfield #DoYourJob event
Location: Sen. Blunt's office, 260 Russell Senate Office Bldg, Washington, DC 20510
Host: Americans United for Change
Press Contact: Martin Casas, [email-masked]<mailto:[email-masked]>

WEDNESDAY 5/04/16

Event: Tucson #DoYourJob Event
Location: Tucson, AZ
Host: Americans United for Change
Press Contact: Rodd McCleod, 347-387-1010, [email-masked]<mailto:[email-masked]>

Event: Asheville #DoYourJob Event
Location: Ashville, NC
Time: 5PM local time
Host: Americans United for Change
Press Contact: Gerrick Brenner, 919-452-2248, [email-masked]<mailto:[email-masked]>

Event: Charlotte #DoYourJob Event
Location: Charlotte, NC
Time: 12PM local time
Host: Americans United for Change
Press Contact: Gerrick Brenner, 919-452-2248, [email-masked]<mailto:[email-masked]>

Event: St. Louis #DoYourJob Event
Location: Outside of Senator Blunt's St. Louis Office, 7700 Bonhomme, Clayton, MO 63105
Host: Americans United for Change
Press Contact: Martin Casas, [email-masked]<mailto:[email-masked]>

Event: Jefferson City #DoYourJob Event
Location: Missouri State Capitol, 201 W Capitol Ave, Jefferson City, MO 65101
Host: Americans United for Change
Press Contact: Martin Casas, [email-masked]<mailto:[email-masked]>

Event: Portsmouth #DoYourJob event
Location: Sen. Ayotte's Office, 14 Manchester Square, Ste 140
Portsmouth, NH 03801
Time: 12PM local time
Host: Americans United for Change
Press Contact: Liz Purdy, 603-731-2200, [email-masked]<mailto:[email-masked]>

Event: Des Moines #DoYourJob event
Location: Sen. Grassley's Office, 210 Walnut St #721, Des Moines, IA 50309
Time: 12PM local time
Host: Americans United for Change
Press Contact: Derek Eadon, 515-954-8630, [email-masked]<mailto:[email-masked]>

THURSDAY 5/05/16

Event: Phoenix #DoYourJob event
Location: Phoenix, AZ
Host: Americans United for Change
Press Contact: Rodd McCleod, 347-387-1010, [email-masked]<mailto:[email-masked]>

Event: #DoYourJob NH Coalition recess protest
Location: Sen. Ayotte's Manchester Office, 1200 Elm Street, Suite 2
Manchester, NH 03101-2503
Time: 12PM local time
Press Contact: Liz Purdy, 603-731-2200, [email-masked]<mailto:[email-masked]>

Event: Youngstown #DoYourJob event with Rep. Tim Ryan
Location: Youngstown, OH
Host: Americans United for Change
Press Contact: Joanne Pickrell, 614-364-1442, [email-masked]<mailto:[email-masked]>

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