“SCOTUS Sanctioned Racism?”: Conservative Justices Attack The Voting Rights Act
As a statue paying tribute to civil rights pioneer Rosa Parks was unveiled in Washington, D.C., the Supreme Court heard arguments in the case of Shelby County v. Holder, which will decide the Constitutionality of the Voting Rights Act of 1965 that bears Ms. Parks’ name.
Section 5 of the VRA requires election officials in selected states and regions, mostly in the South, to pre-clear any changes to voting laws. This provision has been called the “cornerstone of civil rights law” in America.
“Is it the government’s submission that citizens in the South are more racist than citizens in the North?” asked Supreme Court Chief Justice John Roberts.
Solicitor General Donald Verrilli said no.
Roberts noted that Massachusetts had the lowest turnout rate of black voters while Mississippi had the highest. He and all of the conservative justices on the court expressed skepticism of the continued relevance of a law that was originally intended to be an emergency accommodation.
The Voting Rights Act was renewed for 25 years by a Republican Congress and signed by George W. Bush in 2006. But right-wing organizations and donors have waged a two-decade campaign to destroy Section 5.
The law was deemed Constitutional in 1999, before Roberts and Justice Samuel Alito joined the Court. Justice Clarence Thomas has previously called Section 5 unconstitutional and Justice Antonin Scalia’s antipathy to the law was clear to all in attendance.
Scalia called Section 5 a “perpetuation of racial entitlement” and suggested that Congress could never be convinced to let the law lapse. “They’re going to lose votes if they vote against the Voting Rights Act. Even the name is wonderful.”
Justice Sonia Sotomayor twice asked Scalia, “Do you think Section 5 was voted for because it was a racial entitlement?” He did not answer either time.
Experts believe that Justice Anthony Kennedy will be the deciding vote on the case. He appeared extremely troubled by the idea of pre-clearance, saying it put some states under the ”trusteeship of the United States government.”
“Times change,” Kennedy said at one point.
“Kennedy asked hard questions — that’s his job,” Myrna Perez, a senior counsel with the Brennan Center, told the Washington Post‘s Greg Sargent. “But the questions didn’t signal the law’s demise.”
Verrilli pointed out that jurisdictions can “bail out” of the pre-clearance requirement once they’ve demonstrated a 10-year discrimination-free record — nearly 250 of the 12,000 state, county and local governments covered by the law have bailed out.
Justice Elena Kagan noted that the covered jurisdictions hold 25 percent of the U.S. population, but account for 56 percent of voting-rights lawsuits.
Sotomayor asked Bert Rein, the lawyer representing Shelby County, Alabama, ”Why would we vote in favor of your county, whose enforcement record is the epitome of the reasons that cause this law to be passed in the first place?”
In his brief, Rein argued that conditions that made the law necessary no longer exist.
The Nation‘s Ari Berman, who was at the hearing, noted that the rash of legislative attempts to restrict voting rights since 2010, which he’s called the “GOP’s War on Voting,” never came up during the arguments.
By: Jason Sattler, The National Memo, February 27, 2013
“Disenfranchisement Persists”: The Supreme Court Must Defend The Voting Rights Act
Today, the Supreme Court will hear oral arguments on Shelby County v. Holder, a case concerning the constitutionality of key provisions of the Voting Rights Act of 1965, a landmark law that outlawed discriminatory voting practices that disenfranchised African-Americans.
Shelby Country lies just south of Birmingham, Ala. One of its largest tourist attractions is the American Village, a nationally recognized citizenship education center whose mission is to teach visitors good citizenship and remind them of the price of liberty—that freedom isn’t free.
Shelby County wants the Supreme Court to declare a part of Section 4 and Section 5 of the Voting Rights Act unconstitutional. Section 4b codifies a formula to identify parts of the country where political discrimination based on race is high. Section 5 requires the Justice Department to “preclear” any changes to voting rules made in nine states, mostly in the South, and by areas in seven others.
The justices will consider an ultimate constitutional question: Does voter discrimination persist to the point where legal protections must remain in place to prevent it? The question, of course is rhetorical. It does. We only need to look at the long list of recent state-level legislative activity, both in and out of the South, that targets minority voters. Just in the last decade, lawmakers have broken up majority-minority districts with questionable redistricting practices. African-American and Latino voters have seen their names purged from voter lists under the guise that election officials were cleaning them up, and restrictive voter ID laws implemented. Laws, some argue, are the modern day equivalent of poll taxes.
If today was the opposite day, Shelby County’s case would have merit. They’d rightly argue that voting rights are color-blind. But it isn’t the opposite day, nor will that be the case for a long time to come. Shelby County ignores this fact. It forgets about Alabama’s long history of using violence fraud, poll taxes, and literacy tests to keep African-American’s from the polls.
The justices must avoid the same amnesia. In 2006, the House of Representatives voted 390-to-33 and the Senate 98-to-zero to renew the Voting Rights Act until 2031. These lawmakers, after a significant amount of testimony and impassioned debate, recognized that the threat of disenfranchisement persists. Some of the justices, however, have already signaled that it doesn’t. Justice Anthony Kennedy has questioned the fairness of the Voting Rights Act, and Justice Clarence Thomas has said flat out said that it’s unconstitutional.
Shelby County v. Holder targets the very heart of American democracy. If the justices rule in Shelby County’s favor, the right to vote will most certainly not be free. The American Village will have one more reminder to give its visitors.
By: Jamie Chandler, U. S. News and World Report, February 27, 2013
“Tone Deaf And Arrogant”: This Season’s Paul Ryan, Eric Cantor Takes On The Violence Against Women’s Act
House Majority Leader Eric Cantor is a powerful player on Capitol Hill who has pretty much flown under the radar with the general public. But I predict that won’t be true much longer. Now that Cantor is taking the lead on blocking reauthorization of an inclusive version of the Violence Against Women Act in the House, more and more women are asking just who is this representative from Virginia’s 7th district, with his regressive brand of politics?
Cantor has a 12-year history in Congress of voting to restrict women’s access to abortion, deny marriage rights to same-sex couples and block efforts to address workplace discrimination. He’s opposed to affirmative action, embryonic stem cell research and expanding hate crimes law to cover sexual orientation, gender, gender identity and disability. He even voted against the Lilly Ledbetter Fair Pay Act.
These anti-woman measures are bad enough. But the worst has been Cantor’s implacable hatred of the Violence Against Women Act, an antipathy so fierce that he not only took the lead in blocking it during the 112th Congress, but has now stepped forward to derail it once again. His reasoning? Near as I can tell, he just doesn’t want some victims to get help.
On Feb. 12, the Senate passed an inclusive version of VAWA reauthorization, S. 47, by an overwhelming bipartisan vote of 78-22. The Senate’s bill would offer new protections to lesbian, gay, bisexual and transgender victims, who report being unable to access services at astonishingly high rates. It would address college and university-based sexual violence, dating violence and stalking by requiring campuses to be transparent about their assault rates, prevention programs and assistance for victims. It would also recognize Native American tribal authorities’ jurisdiction over rapes committed by non-tribal members on reservations.
I was heartened by the huge margin of victory in the Senate. It indicates that Senate Republicans understand they need to regain credibility with women voters — specifically on the issue of rape — and supporting a reauthorization of VAWA that protects all sexual assault victims would be a step in the right direction. Some House Republicans understand this too; 19 of them sent a letter to the House Republican leadership urging them to pass a bipartisan bill that “reaches all victims.” In fact, we know we have the votes in the House to pass the Senate’s inclusive VAWA, if the leadership will just allow it to happen without playing political games.
Unfortunately, Eric Cantor is either too tone-deaf or too arrogant to do the right thing. Rather than moving swiftly to pass the Senate VAWA bill, Cantor has produced a “substitute amendment” that eliminates protections contained in the Senate bill, and even scales back current law, while also undermining the Office on Violence Against Women. Among its many flaws, this substitute drops LGBT protections; permits non-Native suspects to circumvent tribal authorities, leaving Native American women with inadequate protection from their abusers; and allows college and university administrations to shirk their duty to keep students safe from sexual assault.
To boot, in keeping with the Republicans’ 2013 stealth strategy as telegraphed by Louisiana Gov. Bobby Jindal (i.e., stick with the extremist anti-woman agenda but don’t be so obvious about it), Cantor has put his own stealth moves on VAWA: His bill is deceptively numbered S. 47 (because it’s a substitute amendment of the Senate bill), and it was put forward by a woman, House Republican Conference Co-Chair Cathy McMorris Rodgers (R-Wash.). I’d say that’s too clever by half. Women voters are not so easily fooled, and will likely be offended by the clumsy attempt at subterfuge.
Eric Cantor is like this season’s Paul Ryan: an influential conservative with bad ideas who has thus far escaped public scrutiny. This time around we don’t have a Mitt Romney to help raise Cantor’s profile, but that’s okay. The majority leader’s attempt to derail a hugely popular bipartisan VAWA — and his willingness to write off the more than 1,400 local, state and national organizations that have expressed support for the Senate bill — will ensure that he will have to answer to the voters for his actions, probably sooner rather than later. Let me be the first to say it couldn’t happen to a nicer guy.
By: Terry O’Neill, The Blog, The Huffington Post, February 26, 2013
“Pushing False Equivalencies”: The Consequences Of Misguided Assumptions
I’m beginning to think an infectious disease is spreading in the nation’s capital. Symptoms include memory loss (forgetting everything Republicans have done in recent years), blurred vision (an inability to see obvious GOP ploys), and an uncontrollable urge to blame “both sides” for everything, even when it doesn’t make any sense.
The disease has already affected pundits like Bob Woodward, Ron Fournier, David Brooks, nearly everyone on the network Sunday shows, and today reaches the editorial board of the Washington Post. Indeed, the Post‘s editors seem to have come down with an especially acute case today, as evidenced this bang-your-head-against-your-desk editorial on the sequester, which cavalierly ignores the paper’s own reporting, and demands that President Obama “lead” by somehow getting congressional Republicans to be more responsible.
You can almost feel James Fallows’ frustration.
In short the facts before us are: an Administration that has gone some distance toward “the center”; a Republican opposition many of whose members still hold the absolutist position that taxes cannot go up at all; a hidden-from-no-one opposition strategy that embraces crises, shutdowns, and sequesters rather than wanting to avert them. […]
That’s the landscape. And what is the Post’s editorial conclusion? You guessed it! The President is to blame, for not “leading” the way to a compromise.
The infectious disease — I’ll assume Fallows was inoculated and therefore immune to its effects — is leading to some kind of bizarre madness in Washington, which is getting worse. It doesn’t matter that President Obama is ready to compromise; it doesn’t matter that Republicans refuse to compromise; and it doesn’t matter that the deficit is already shrinking and that both sides have already approved $2.5 trillion in debt reduction.
What matters, victims of this disease keep telling the rest of us, is that President Obama is obligated to “lead.” Lead where? They don’t know. Lead to what? They don’t know that, either. What would leadership look like, exactly? Apparently, Obama is supposed to use Jedi mind tricks that will make people in the other party — the party that has nothing but contempt and disgust for his presidency — do what he wants them to do.
And if the president doesn’t do this, Obama is, by definition, responsible for Republicans’ opposition to a bipartisan agreement.
This is more than crazy. The media establishment’s incompetence is having a direct role in contributing to a broken and unconstructive process.
Greg Sargent gets this exactly right:
The argument now is basically that the president is the father who must make his problem children behave. Only this is worse than just a dodge. Lots and lots of people are going to get hurt by the sequester. Anyone who helps deflect blame from Republicans — in the full knowledge that they are the primary obstacle to the compromise we need to prevent serious damage from being done to the country — is unwittingly helping to enable their intransigence.
This will no doubt give headaches to those who’ve already contracted the infectious disease, but Greg is right — by blaming Obama for Republicans’ intransigence, the D.C. establishment is encouraging the gridlock they claim to find offensive.
As Jamison Foser recently asked, “When Party A is intransigent but Party B gets blamed for it, what is the likely effect on Party A’s intransigence?” Or as Michael Grunwald added today, “If you were a GOP leader, and every time you were intransigent the Beltway blamed Obama’s failure to lead, would you be less intransigent?”
Pundits obsessed with pushing false equivalencies and needlessly blaming “both sides” are convinced they’re part of the solution. They’re actually part of the problem.
Let’s not forget this thesis from Thomas Mann and Norm Ornstein — who’ve helped offer a cure to this infectious disease — published nearly a year ago, long before the current mess.
We understand the values of mainstream journalists, including the effort to report both sides of a story. But a balanced treatment of an unbalanced phenomenon distorts reality. If the political dynamics of Washington are unlikely to change anytime soon, at least we should change the way that reality is portrayed to the public.
Our advice to the press: Don’t seek professional safety through the even-handed, unfiltered presentation of opposing views. Which politician is telling the truth? Who is taking hostages, at what risks and to what ends?
The first step towards recovery from the disease has nothing to do with party or ideology; it has to do with reality and Civics 101. The media establishment is, as a consequence of this disease, forced to shout “Lead!” uncontrollably, they can at least direct it to those in a position of authority in the party that refuses to compromise, refuses to consider concessions, and refuses to consider governing outside a series of extortion strategies.
By: Steve Benen, The Maddow Blog, February 26, 2013
“Muting Women”: Like A Sailboat On A Lake With No Wind, The Status Of Women Is Stuck In A Lull
What a surprise. Men are drowning out women in the public conversation, a new report from the Women’s Media Center tells us.
Actually, it is a surprise to learn just how bad it is, as if there never was a women’s movement launched by Betty Friedan’s classic, The Feminine Mystique, 50 years ago, which decried the quiet desperation of domestic suburbia.
Fifty years ago is long enough for a cultural forgetfulness to fall over us and long enough for a hostile camp of enemies to make their living mocking women’s empowerment—and yes, I mean you, Rush Limbaugh, most of all. You are the self-appointed keeper of the patriarchy’s keys. The medieval archbishops of the Catholic Church are vigilant in the war on women. The mean-spirited men of the Supreme Court can be counted on, too, ready to usurp our human rights if the “right” opportunity presents itself. Meanwhile, Michelle Obama has new bangs.
In other words, ladies, things are not getting better for us in the 21st century. The recession has been rough on everyone, but especially for our place in the workplace world. As a journalist, let me share some numbers that show you how the conversational monopoly works. In the 2012 presidential campaign, male bylines outnumbered female bylines by nearly three to one, according to he Women’s Media Center. Newspaper decision-makers are usually male in these tight times, as are the subjects of most front-page stories, even obituaries. Then the echo chamber takes effect, because men are far more likely to be quoted than their female colleagues in public discussions—especially on politics.
The Sunday talk shows, the power listening posts of the Washington establishment, predominantly invite men as their guests. But here’s the thing: only 14 percent of the interviewed guests and 29 percent of the roundtable guests are women, according to the report. The hosts conducting the dialogue are predominantly male. Avuncular, authoritative Bob Schieffer of Face the Nation is by far the best of ’em.
Women protested this state of affairs at the ballot box last fall. Twenty women senators are now serving, more than ever before. Is this a critical mass that will change the conversation, or the conversationalists? Let’s see.
I remember being in a panel cable interview after the State of the Union with two good guys—Howard Fineman and Steve Roberts. I had something sparkling to say but even I was drowned out by these older silver-tongued pros, who later apologized for being “the two biggest airhogs in Washington.” It’s a salty slice of memory. Men are just used to talking over women, just as boys talk over girls, like breathing. It happens all the time in Washington. What made Hillary Clinton’s verbal victory over her attacking jousters in her valedictory Senate hearing so extraordinary was because it was, well, extraordinary in this talkative town. She lifted morale all over for Washington women.
To our rescue comes Sheryl Sandberg of Facebook, who is lighting a match to start a “Lean In” movement. More on that another day as it gets underway. Consider the Oscars: Daniel Day-Lewis was honored for playing the greatest president and humanitarian in our history while Jennifer Lawrence won for playing a wifely female stereotype. As I listened to two male critics from the New York Times website comment on every single Academy scene in the show, it felt relentlessly normal. We are such good listeners.
The status of women is stuck in a lull, like a sailboat on a lake with no wind. And we are the ones who have to start speaking our views and telling our stories—to borrow from radical abolitionist William Lloyd Garrison—so that we will be heard.
By: Jamie Stiehm, U. S. News and World Report, February 25, 2013
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