Wednesday, July 25, 2012

Thank you for holding this hearing, Mr. Chairman.  And I extend hearty greetings to Justice O'Connor for being with us today.  You were not only the first woman to serve on the Supreme Court.  You were the first Justice whose confirmation I voted for.  Your performance justified the confidence that the Senate placed in you.

We would like to believe that our judges, whose independence is guaranteed by the Constitution, rule based only on the Constitution and not on their policy preferences.  Judicial independence was established to make the courts independent of the other branches and independent of popular views.  It is not designed to make the judges independent of the Constitution so that they can impose their policy preferences.  We hear that if only our citizens properly understood the role of the courts, unprecedented attacks on judicial rulings would vanish.

This view is at odds with both current reality and the history of our country.  In fact, the leading reason for the so-called attack on judicial independence is the judges themselves.  Only last week, The New York Times reported that only a few weeks before the Court's health care decision, the public approved of the Supreme Court's performance by a 44-36 margin.

But the article reported that after the ruling, as many Americans disapprove of the Supreme Court as approve of its performance.  That decision, which some have speculated was issued, at least in part, to reduce political opposition to the Court, appears to have accomplished exactly the opposite result.

The article states that most Americans believe the decision was based mainly on the justices' personal or political views.  Only about 30 percent of Americans say the decision was made mainly on legal analysis.  For myself, I respect the decision, even if I am disappointed by it.  And I question no one's motives.  But I do not think that the poll results would be different if only the public had a better understanding of the Court.  In fact, I think the poll reflects that the public does have reason to suspect that politics enters into some Justices' decisions.  They accept them anyway, as shown by the polling on 18 earlier major cases presented in the article, two-thirds of which were unpopular with the population when they were decided.

Although unfortunate, this perception should not be a cause for alarm, so long as it does not lead to threats of violence, threats of impeachment, or threats to imprison judges for their rulings.  Much more serious threats to judicial independence have occurred regularly in our history when the citizens were convinced that what courts presented as law was not constitutionally sound, such as when Andrew Jackson refused to be bound by the Supreme Court's opinion of the constitutionality of the Bank of the United States or its rulings on Indian rights.  Or, when Abraham Lincoln said that the Dred Scott decision was "erroneous" and refused to accept it as a precedent because it reflected "apparent political bias."  Or, when Theodore Roosevelt ran the most successful third party candidacy in our country's history on a platform of "restriction of the power of the courts [so] as to leave to the people the ultimate authority to determine fundamental questions of social welfare and public policy," including the ability of voters to overturn constitutional rulings of state courts.  And, when Franklin Roosevelt tried to "pack" the Supreme Court because of its rulings striking down New Deal legislation.  So let us keep perspective.

It is not a violation of judicial independence for a senator to criticize court rulings that he or she believes are incorrect   It is not a violation of judicial independence for a senator to conduct legitimate oversight of the judiciary.   Those are appropriate ways of ensuring accountability.

But judicial independence could be jeopardized when a President at the State of the Union misstates the holding of a Supreme Court case in front of Justices when they cannot respond.  Judicial independence could be threatened when, after a pending case is briefed or argued, the President publicly misstates the process of judicial review and claims that the Court's legitimacy, and a particular Justice's legacy, will be tainted unless the Court decides that case as the President wants.  And judicial independence is certainly weakened if Justices give in to those attacks, rather than decide based on the Constitution, or appear to do so.

Finally, I appreciate Justice O'Connor's work in advancing civic education.  I believe that all citizens in a democracy benefit from the participation of informed and active citizens.  I think the ICivics site is a good one, although I wish CourtQuest told students that citizens can challenge laws on constitutional grounds in state as well as federal courts.  It should also say that a trial held for violation of a state criminal law claimed to violate the federal Constitution would be held in state and not federal court.  And, although I have supported federal efforts to promote greater understanding of our constitutional system, I do not believe that the federal government should develop and mandate civics standards.  And I do not think the Framers of the Constitution thought they had given Congress the authority to impose such standards.

DES MOINES, IA (07/25/2012)(readMedia)-- Fairgoers can enjoy special half price savings and extended hours for DART Park & Ride shuttles to the Iowa State Fair. Park for free at any of the three Park and Ride locations and catch the bus for a quick and easy direct trip to the Fair. "Nothing Compares" to saving time and money with DART Park & Ride. The Iowa State Fair is set August 9-19.

Receive 50 percent off your Park & Ride roundtrip fare by showing an advance Fair admission ticket. Discounted roundtrip prices are $1 for adults and 50 cents for children ages 6-10, seniors (65+) and people with a disability. Children 5 and younger ride for free. Regular roundtrip fares are $2 for adults and $1 for children, seniors and people with a disability. Cash only; exact fare required. Catch the #1 Fairgrounds Route at any of the Park & Ride locations to receive your discount.

Park & Ride offers three convenient locations where Fairgoers can park for free:

• Center Street Park & Ride (7th and Center St., enter on 7th St.)

• Southeast Polk Schools (N.E. 80th St. and Highway 163)

• State Capitol (East 12th and Grand Ave.)

Service at all locations runs from 8:30 a.m. to Midnight every day of the Fair, with a few exceptions. On August 9, service will begin at 6 a.m. to accommodate Opening Day activities. Service will also be extended for late-ending Grandstand shows.

Shuttles from Southeast Polk Schools will drop off and pick up Fairgoers on Dean Avenue south of the Swine Barn. Shuttles from the Center Street Park & Ride and the State Capitol will continue to drop off and pick up Fairgoers near Gate 10.

Most buses are wheelchair-accessible. For more information, call DART at 515.283.8100 or go online to ridedart.com or iowastatefair.org.

Parking in the Fair's North Lot is $10. New this year, paid parking will also be available in a new paid parking lot located just east of E. 36th St. on E. University Ave. Fairgoers utilizing this lot will enter through the campgrounds to Gate 4.

Fair advance admission tickets are on sale through August 8 while supplies last at participating Hy-Vee, Hy-Vee Drugstores, Dahl's Food, Fareway stores and the State Fair Ticket Office, located on the Fairgrounds. Or purchase your tickets online at iowastatefair.org and print them at home, fee free.

"Nothing Compares" to the 2012 Iowa State Fair, August 9-19. Save money on advance admission tickets now through August 8 (while supplies last). For more information, call 800/545-FAIR or visit iowastatefair.org.

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Washington, DC - Rep. Bruce Braley (IA-01) will hold his weekly press conference call with Iowa reporters this morning at 10:30am CDT.

Braley will announce new steps he's taking to get the US House to hold an up-or-down vote on the Farm Bill.  House leaders have refused to schedule a vote on the Farm Bill, despite a number of disaster assistance programs from the 2008 Farm Bill expiring and Iowa farmers suffering through a worsening drought this summer.

WHAT: Bruce Braley's weekly press call with Iowa reporters

WHEN:  TODAY, Wednesday July 25, 2012

Washington, D.C. - Congressman Dave Loebsack today praised the passage of legislation that would stop the U.S. Department of Labor (DOL) from finalizing the proposed rule that would limit the work children could perform on family farms.  When the rule was originally proposed earlier this year, Loebsack personally met with the DOL officials to urge them to review Iowans' concerns while working to keep our children safe.  Shortly after the meeting, DOL withdrew the proposed rule.

"Iowa farmers have a long and proud history of feeding their neighbors, state, country and the world," said Loebsack.  "I heard from family farmers earlier this year about the possible negative effects of the rule and personally urged the Department of Labor to not move forward with it.  I was pleased when the Department of Labor withdrew it.  Today's bill takes another step to ensure Iowa's way of life is protected."

In addition to meeting with the DOL, Loebsack urged the Secretary of Labor to ensure Iowa farmers and families had the opportunity to be heard regarding these proposals and also urged the Department to reconsider the provisions relating to the parental exemption for children helping on the farm.