June, 15 2015, 09:30am EDT
ACLU Statement on "Moderate" Jeb Bush's Record as Florida Governor
Today, former Florida governor Jeb Bush will formally announce his candidacy for president. Howard Simon, Executive Director of the ACLU of Florida, stated the following regarding the announcement:
"As Jeb Bush announces his candidacy for the presidency, history should not be rewritten about his record on civil rights and civil liberties during his two terms as Florida Governor.
WASHINGTON
Today, former Florida governor Jeb Bush will formally announce his candidacy for president. Howard Simon, Executive Director of the ACLU of Florida, stated the following regarding the announcement:
"As Jeb Bush announces his candidacy for the presidency, history should not be rewritten about his record on civil rights and civil liberties during his two terms as Florida Governor.
"Some have put forth a narrative portraying Jeb Bush as having governed as a moderate, and it may be politically expedient for him to allow that image to thrive. But Floridians who lived through his governorship know that he governed more ideologically and more extremely than moderately - sometimes ignoring public opinion, sometimes ignoring constitutional principles, all in order to pursue a decidedly not moderate policy agenda.
"As a result, much of his eight year tenure as Governor was characterized by battles with moderate Republicans in the legislature and battles with the courts, whose job it is to enforce principles that protect the constitutional rights of people."
Simon pointed to five actions by then-Governor Bush as examples of his style of leadership:
We Interrupt This Article with an Urgent Message! Common Dreams is a not-for-profit news service. All of our content is free to you - no subscriptions; no ads. We are funded by donations from our readers. This media model only works if enough readers pitch in. We have millions of readers every month and, it seems, too many take our survival for granted. It isn't. Our critical Mid-Year fundraiser is going very slow - only 561 readers have contributed a total of $21,000 so far. We must raise $29,000 more before we can end this fundraising campaign and get back to focusing on what we do best. |
1. The "Scarlet Letter" Law: In allowing the infamous "Scarlet Letter" Law to go into effect, Jeb Bush ignored Florida's state constitutional right of privacy and allowed the Legislature to require Florida women placing a child for adoption with a private adoption agency to publish a notice in local newspapers about their sexual history. The notice was to contain information about the mother's age, race, hair and eye color, approximate height and weight, any person the mother reasonably believes may be the father and the date and city in which the act of conception might have occurred. The ACLU challenged the law, and argued the case in court. The courts struck down the law. Gov. Bush then signed a repeal of the statute. (Note: Presidential candidate Marco Rubio, then a member of the Florida Legislature, voted for the Bill.)
2. Attorneys for the fetus of a disabled rape victim (but not for the victim): In the JDS case, when a developmentally disabled woman who was a resident of a state-run group home in Orlando was raped and impregnated by a member of the staff of the facility, Gov. Bush sent attorneys from the Department of Children and Family Services (DCF) to court to request that the court appoint a guardian for the fetus. The tactic was designed to use the court process so that it would be too late to perform an abortion. The ACLU argued the case against the Motion filed by DCF attorneys, and the court rejected to the Motion for the appointment of a guardian for the fetus.
3. State funding of religious schools and a fight to remove constitutional protections against government entanglement with religion: In 2006, the Florida Supreme Court struck down Gov. Bush's signature education reform measure, the "Opportunity Scholarship Program" (OSP)/school voucher program. The program, the centerpiece of his 1998 campaign for Governor and enacted in his first year in office, used state funds were to pay tuition for public school students to attend church-run sectarian schools. The ACLU was part of a coalition of public education and civil liberties groups that filed suit challenging the program as a violation of two state constitutional provisions: the century-and-a-half prohibition on direct or indirect aid to religious institutions ("no aid" to religious institutions), and the requirement that the state fund a uniform system of public education. Gov. Bush ignored both constitutional provisions. Though the Florida Supreme Court used only the later provision to strike down the voucher program, thereby not needing to rule on a "no aid" violation, Gov. Bush nevertheless asked the Legislature to propose a constitutional amendment to strip the "no aid to religious institutions" provision from the state constitution. In a dramatic and narrow vote, the Republican-controlled Florida State Senate declined Gov. Bush's request to place a repeal of state constitutional church-state separation on the ballot.
4. The Terri Schiavo tragedy: Gov. Bush's intrusion into the Terri Schiavo case shocked the nation. He attempted to use the machinery of state government and then, through a special law enacted by Congress and signed by President George Bush, the machinery of the federal government and federal courts to intrude into an intensely private family tragedy. ACLU attorneys were the legal team which, on behalf of husband Michael Schiavo, successfully challenged both the state law and the federal law that Gov. Bush used as the legal basis for his personal intervention. Gov. Bush's efforts to intervene in this matter included sending state police to seize Terri Schiavo and transport her to a facility where a feeding tube would be reinserted -- in violation of six years of proceedings in the Pinellas County courts that had determined the Terri Schiavo did not wish to be sustained artificially and indefinitely in a vegetative state.
5. Defending a Civil War Era racist election system: Gov. Bush defended Florida's Civil War era system of lifetime felon disfranchisement under which the right to vote is taken away from more citizens in Florida than in any other state in the country. In a 2002 federal lawsuit, Johnson v. Bush, the Governor and his attorneys defended Florida's system of lifetime felon disfranchisement against charges of racial discrimination. The Governor ignored historical evidence that, with the extension of the franchise to the freed slaves following the Civil War, the system of lifetime felon disfranchisement was designed by the post-Confederacy 1868 Constitutional Convention to take the vote away from as many of the freed slaves as possible - largely because in some parts of the state freed slaves outnumbered whites.
Simon concluded:
"From publicly shaming Florida women for their private lives, to attempting to smash the protection against government entanglement with religion, to inviting himself - and the world -- into a family tragedy, Governor Bush saw his office as a license to use the power of government to enact his will and his own personal morality on the private lives of Florida citizens.
"He was and remains insensitive to the obligation of government to sometimes 'stay its hand' out of respect for the great religious diversity of our country. His recent speech at Liberty University echoed themes seen during his two terms as Florida Governor when he showed little appreciation for the fact that government policies should not impose the views of one religious tradition on people of a different faith tradition.
"As he prepares to run for higher office, Jeb Bush may want to present himself to the nation's electorate as a moderate. Those of us who fought for civil rights and civil liberties during his tenure in Florida know better."
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Grand Jury Indicts Top Trump Aides, 11 Arizona Republicans Over 'Fake Electors' Scheme
Had it succeeded, said the state's attorney general, the scheme would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
Apr 25, 2024
A grand jury in Arizona on Wednesday charged seven aides to Donald Trump and nearly a dozen Republican officials over a "fake electors" scheme in the state that aimed to keep the former president in power after his 2020 loss to President Joe Biden.
Trump, who is currently facing nearly 90 charges across four criminal cases as he runs for another White House term, was described as "unindicted co-conspirator 1" in the 58-page indictment, which was announced by Arizona Attorney General Kris Mayes.
"The people of Arizona elected President Biden," Mayes, a Democrat, said Wednesday. "Unwilling to accept this fact, the defendants charged by the state grand jury allegedly schemed to prevent the lawful transfer of the presidency. Whatever their reasoning was, the plot to violate the law must be answered for."
The indictment names former Arizona Republican Party Chair Kelli Ward, sitting state Republican Sens. Jake Hoffman and Anthony Kern, former U.S. Senate candidate Jim Lamon, and seven others as the "fake electors" who sought to declare Trump the rightful winner of the state's presidential contest.
The names of other individuals indicted by the state grand jury are redacted, but the document's descriptions make clear that former White House Chief of Staff Mark Meadows, former Trump attorney Rudy Giuliani, and top Trump legal strategist Boris Epshteyn are among those facing felony charges—including fraud, forgery, and conspiracy.
"In Arizona, defendants, unindicted coconspirators, and others pressured the three groups of election officials responsible for certifying election results to encourage them to change the election results," the document reads. "Discussions about using the Republican electors to change the outcome of the election began as early as November 4, 2020. Those plans evolved during
November based on memos drafted by [an attorney for the Trump campaign, Kenneth Chesebro]."
Mayes said Wednesday that had the fake elector scheme succeeded, it would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
"It effectively would have made their right to vote meaningless," said Mayes.
A state grand jury, made up of everyday, regular Arizonans, has handed down felony indictments in the ongoing investigation into the fake elector scheme in Arizona. pic.twitter.com/Nu8GcD4ZqJ
— AZ Attorney General Kris Mayes (@AZAGMayes) April 24, 2024
Alex Gulotta, state director of All Voting Is Local Action Arizona, said Wednesday that "the indictment of the eleven fake electors is one of the first steps required in holding these election deniers accountable for their alleged attempts to take power away from voters by disrupting our free and fair elections."
"Arizonans deserve to trust the election officials responsible for administering our elections and preserving our democracy," said Gulotta, "and this is a positive step forward as we continue to strengthen the foundations of our democracy and restore faith in our elections."
The Arizona Republicreported Wednesday that "several of the Arizona electors have previously claimed they were merely offering Congress a backup plan, though nothing in the documents they sent to Congress and the National Archives backs up that assertion."
"The indictment includes several statements the false electors made on social media that contradict those claims," the newspaper observed.
Jenny Guzman, director of Common Cause's Arizona program, said the indictment "marks the start of a new chapter for the fake elector scheme that has plagued Arizona."
"Arizonans are still dealing with the fallout from the false electors and the Big Lie about the 2020 elections," said Guzman. "We are relieved that the investigation by Attorney General Mayes has concluded and Arizonans can now know that what comes next is accountability. These efforts by these fake electors to undermine the will of Arizona’s voters have had implications far beyond their failed attempt to overthrow the 2020 election."
"This indictment can reassure all Arizonans that if anyone, regardless of their political affiliation, attempts to undermine their vote, consequences will follow," Guzman added.
Keep ReadingShow Less
Watchdog Urges FEC to Investigate Trump Campaign Over Scheme for Legal Fees
"By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much."
Apr 24, 2024
A campaign finance watchdog on Wednesday filed a Federal Election Commission complaint accusing former President Donald Trump's 2024 campaign, affiliated political groups, and an accounting firm of violating U.S. law in a scheme "seemingly designed to obscure the true recipients of a noteworthy portion of Trump's legal bills."
The Washington, D.C.-based Campaign Legal Center (CLC) said that "evidence appears to show an illegal arrangement between several Trump-affiliated committees and a compliance firm named Red Curve Solutions that is designed to obscure the identities of those providing legal services and how much they are being paid."
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money."
CLC alleges that the Trump campaign, Trump's political action committee (PAC) Save America, and three affiliated organizations "violated federal reporting requirements based on a scheme in which the committees reportedly paid over $7.2 million—described as 'reimbursement for legal' costs or expenses"—to Red Curve.
The watchdog also said that Red Curve appears to be "making or facilitating illegal contributions that violate either federal contribution limits or the prohibition on corporate contributions."
According to CLC:
Red Curve is a domestic limited liability company that offers compliance and FEC reporting services but does not appear to offer any legal services. It is managed by Bradley Crate, who also serves as the treasurer for each of the five Trump-affiliated committees concerned in this complaint, as well as over 200 other federal committees.
According to filings with the FEC, Red Curve appears to have been fronting legal costs for Trump since at least December 2022, with Trump-affiliated committees repaying the company later. This arrangement appears to violate FEC rules that require campaigns to disclose not only the entity being reimbursed (here, Red Curve) but also the underlying vendor. By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much they are being paid—through this arrangement.
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money," CLC senior director of campaign finance Erin Chlopak said in a statement. "When campaigns and committees obscure that information from the public, not only do they make it difficult to determine if the law has been violated, but they deny voters the ability to make an informed choice when casting a ballot."
"The steps taken by the Trump campaign, its affiliated committees, and Red Curve Solutions concealed information about how campaign funds were used to pay former President Trump's legal expenditures, including the amounts and ultimate recipients of these expenditures—and the FEC must investigate immediately," Chlopak added.
Trump—who is the presumptive 2024 GOP presidential nominee—faces 91 federal and state felony charges related to his role in the January 6 insurrection and his organization's business practices. He is currently on trial in New York for allegedly falsifying business records related to hush money payments to cover up sex scandals during the 2016 election cycle. The twice-impeached former president has been open about his use of campaign donations to pay his legal costs.
The new CLC filing comes a day after the watchdog filed separate FEC complaints urging investigations into a pair of Trump-affiliated "scam PACs," which "pretend to fundraise for major candidates or issues while secretly diverting almost all of their donors' money back into fundraising or the fraudsters' own pockets."
Keep ReadingShow Less
'One Step Closer': Arizona House Votes to Repeal 1864 Abortion Ban
"With a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever," one state campaigner said of a November ballot measure.
Apr 24, 2024
Three Republicans in the Arizona House of Representatives on Wednesday joined with Democrats to advance legislation that would repeal an 1864 ban on abortion—a development rights advocates welcomed while stressing that the fight is far from over.
The 32-28 vote on House Bill 2677—with GOP Reps. Tim Dunn (25), Matt Gress (4), and Justin Wilmeth (2) voting in favor—was the third attempt in as many weeks to pass repeal legislation since the Arizona Supreme Court upheld the ban.
"The state Senate could vote on the repeal as early as next Wednesday, after the bill comes on the floor for a 'third reading,' as is required under chamber rules," according toNBC News. Democratic Gov. Katie Hobbs on Wednesday toldThe Washington Post that "I am hopeful the Senate does the right thing and sends it to my desk so I can sign it."
Applauding the House passage of H.B. 2677, Planned Parenthood Advocates of Arizona president and CEO Angela Florez said that "today, Arizona is one step closer to repealing the state's Civil War-era total abortion ban. While the repeal still must pass the Senate, this is a major win for reproductive freedom."
"We must celebrate today's vote in support of abortion rights and harness our enthusiasm to spread the word and urge lawmakers in the Senate to support this necessary repeal bill," she continued. "Despite this step forward, Arizonans cannot stop fighting."
Florez noted that "even with the repeal of the Civil War-era ban, the state will still have a ban on abortion after 15 weeks of pregnancy that denies people access to critical care. And lawmakers continue to attack Arizonans' ability to access reproductive healthcare. Our right to control our bodies and lives is hanging on by a thread."
"Thankfully, voters will have the opportunity to take back control if the Arizona Abortion Access Act is on the ballot this November," she added. "Abortion bans are out-of-step with the will of Arizonans and will force pregnant people to leave their communities for essential healthcare. Planned Parenthood Advocates of Arizona will continue fighting to ensure everyone has the right to make decisions about their health and futures."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prevent many limits on abortions before fetal viability and safeguard access to care after viability to protect the life or physical or mental health of the patient.
The coalition supporting the amendment, Arizona for Abortion Access, highlighted on social media that the House-approved bill "did not include the emergency clause required to stop the 1864 ban from taking effect on June 8," meaning H.B. 2677 wouldn't apply until 90 days after the end of the legislative session.
Coalition campaign manager Cheryl Bruce said that "with a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever. We remain committed to taking these decisions out of the hands of extremist politicians."
Arizona is one of multiple states where rights advocates are promoting abortion rights ballot measures this cycle. Reproductive freedom is also dominating political races at all levels, including the presidential contest. Democratic President Joe Biden is set to face former Republican President Donald Trump in November.
"Donald Trump is responsible for Arizona's abortion ban. Women in the state are still living under a ban with no exceptions for rape or incest and have been stripped of the freedom to make their own healthcare decisions," said Julie Chávez Rodriguez, Biden and Vice President Kamala Harris' reelection campaign manager.
While the presumptive GOP nominee has tried to distance himself from the Arizona Supreme Court's reinstatement of a 160-year-old abortion ban, he has also campaigned on his three appointees to the U.S. Supreme Court who helped reverse Roe v. Wade.
"Trump brags that he is 'proudly' the person responsible for these bans and if he retakes power, the chaos and cruelty he has created will only get worse in all 50 states," Chávez Rodriguez said. "President Biden and Vice President Harris are the only candidates who will stop him."
Keep ReadingShow Less
Most Popular