Adam Serwer

Adam Serwer

Reporter

Adam Serwer is a reporter at Mother Jones. Formerly a staff writer at the American Prospect, his writing has appeared in the Washington Post, the Root, the Village Voice, and the New York Daily News

Get my RSS |

Cuccinelli Campaign Won't Say If He's Committed Any Crimes Against Nature

| Thu Apr. 4, 2013 12:38 PM PDT
Virginia Attorney General Ken Cuccinelli at the Values Voters Summit in 2011

The campaign of Virginia state attorney general Ken Cuccinelli won't say if he's committed any crimes against nature.

Cuccinelli, who is running to be Virginia's next governor, recently petitioned a federal court to reverse its ruling that the state's archaic "Crimes Against Nature" law is unconstitutional. That statute outlaws oral and anal sex between consenting adults—gay or straight, married or single—making such "carnal" acts a felony. The law is unconstitutional because of the Supreme Court's ruling in Lawrence v. Texas, which invalidated such "anti-sodomy laws" across the country.

As my colleague Kate Sheppard notes, Cuccinelli's office claims that it is appealing the decision because the state's regular statutory rape law doesn't allow it to pursue the harshest punishment against a 47-year-old man who solicited oral sex from teenagers (who were above the age of consent at the time). But as Josh Israel recounts at ThinkProgress, Cuccinelli helped kill an effort to reform the Crimes Against Nature law in order to make it comply with the Supreme Court's ruling in Lawrence, possibly because the proposed law didn't focus on homosexuality. "My view is that homosexual acts, not homosexuality, but homosexual acts are wrong," Cuccinelli said in 2009. "They're intrinsically wrong. And I think in a natural law-based country it's appropriate to have policies that reflect that…They don’t comport with natural law."

If Virginia's ban on "unnatural" sex acts applied nationwide, the Virginia law would make 90 percent of men and women in the United States between the age of 25 and 44 criminals. Here's a chart from the National Center on Health Statistics on sexual behavior in the US:

Violating Virginia's Crimes Against Nature statute was a class six felony in the state, and carried a penalty of between one and five years in prison. The Virginia Department of Corrections only has a capacity of around 30,000. Given that 64.6 percent of Virginia's 8 million residents are between the ages of 18 and 65, the state most likely lacks the prison capacity to house millions of Virginians who, in Cuccinelli's view, have committed crimes against nature.

But what about Cuccinelli and his aides? Mother Jones asked his campaign if Cuccinelli or anyone working for his campaign had ever engaged in any of the prohibited conduct and whether Cuccinelli would fire any campaign staff who had done so. We have received no response. But if Cuccinelli's campaign is being run by criminals against nature, don't the voters have a right to know?

Advertise on MotherJones.com

Ken Starr (!) Pleads With Senate GOPers to Confirm Obama Nominee

| Tue Apr. 2, 2013 7:43 AM PDT

How many former Republican solicitors general does it take to prevent a filibuster?

Almost a year ago, President Barack Obama nominated Caitlin Hannigan and Sri Srinivasan to be judges on the DC Circuit Court of Appeals, a key court that has jurisdiction over federal regulations and is often seen as a stepping-stone to the US Supreme Court. Four of the 11 seats on the court are currently vacant, but Senate Republicans have refused to confirm any of Obama's nominees, leaving the court dominated by conservatives eager to toss out federal regulations dealing with everything from air pollution to financial reform. Last month Halligan withdrew her nomination after Republicans filibustered her into oblivion.

That leaves Srinivasan, a former clerk for Supreme Court Justice Sandra Day O'Connor, who is the Obama administration's principal deputy solicitor general and argued before the Supreme Court in the Defense of Marriage Act case. There are things liberals will like about Srinivasan (he wrote Supreme Court briefs supporting affirmative action and arguing cops should need a warrant to put a GPS on your car) and things they won't (he's represented corporate and anti-union interests). His nomination has gone untouched since June 2012, but next Wednesday the Senate will be holding a confirmation hearing. Monday a bipartisan group of former solicitors general sent a letter to Senate Judiciary Chairman Patrick Leahy (D-Vt.) and Chuck Grassley (R-Iowa) urging his confirmation. The list includes former Bush administration solicitors general Paul Clement and Theodore Olson, as well as former George H.W. Bush Solicitor General Kenneth Starr, who as special counsel investigated the Monica Lewinsky scandal.

"Sri is one of the best lawyers in the country," the letter reads. "He is extremely well prepared to take on the intellectual rigors of serving as a judge on the DC Circuit." 

There are more vacancies on the federal bench today than when Obama took office. The Obama administration hasn't put forth enough nominations to fill them all, but the chief impediment is that Republicans have slowed the judicial confirmation process to a crawl. The average Bush circuit or district court nominee waited 175 days for a vote, compared to 227 under Obama.

Srinivasan exemplifies this dysfunction. He clerked for a Reagan-appointed Supreme Court justice; he worked for Republican and Democratic administrations, and he's endorsed by the guy who helped the GOP almost bring down Bill Clinton. Yet thanks to GOP obstruction—and the Democrats' refusal to reform the filibuster—he still might not get confirmed.

Here's the letter:

 
An earlier version of this post stated that Starr was solicitor general under Reagan, he was solicitor general under George H.W. Bush.

The Civil Rights Division Is Kicking Butt, Says the Civil Rights Division

| Fri Mar. 29, 2013 11:02 AM PDT
Civil Rights Division head Thomas Perez.

Earlier this month, President Barack Obama nominated Thomas Perez, the head of the Justice Department's civil rights division, to run the Department of Labor. Now, with Republicans scrambling to find any excuse block Perez' appointment, the civil rights division has issued a report detailing its accomplishments over the past four years. 

"For more than 50 years, the Division has enforced federal laws that prohibit discrimination and uphold the civil and constitutional rights of all who live in America," the report reads. "Over the past four years, the Division has worked to restore and expand this critical mission." The report has been in the works since prior to Perez' nomination as labor secretary.

The word "restore" is a backhanded critique of the Bush administration, during which enforcement of civil rights laws dropped and the leadership of the civil rights division was found to be deeply politicized. Under Perez, the division claims to have worked on more voting rights cases, agreements with local police addressing misconduct, and hate crimes convictions than ever before, while acquiring the highest fair housing discrimination settlements in history. Civil rights advocacy groups tend to share the leadership of the division's view that things have improved tremendously since the Bush years.

Here's the division's fact sheet touting its record:

 

 

 

Perez himself has been under fire from Republicans because of a recent Department of Justice Inspector General report that found lingering partisan divides in the voting section while knocking down almost all of the criticisms the GOP has leveled in the division's direction. Republicans are also angry that Perez helped cut a deal that prevented the Fair Housing Act being gutted by the Supreme Court. But given the modern GOP's hostility to many civil rights laws as unjust federal infringement on state's rights, a strong record of enforcement in the civil rights division may just be another reason for Republicans to oppose his nomination.

Tue Mar. 19, 2013 9:44 AM PDT
Mon Mar. 11, 2013 8:30 AM PDT
Fri Mar. 8, 2013 12:24 PM PST
Thu Feb. 7, 2013 5:35 PM PST
Thu Jan. 31, 2013 10:37 AM PST
Tue Jan. 29, 2013 3:26 PM PST
Tue Jan. 29, 2013 12:33 PM PST
Fri Jan. 18, 2013 1:37 PM PST