“Obligations To Justice”: Eric Holder And Robert F. Kennedy’s Legacy
When he announced his leave-taking last week, Attorney General Eric Holder spoke of Robert F. Kennedy as his inspiration for believing that the Justice Department “can — and must — always be a force for that which is right.”
There are many reasons our nation’s first African American attorney general might see Kennedy as his guide, but this one may be the most important: If ever a public figure was exempt from Holder’s much contested depiction of our country as a “nation of cowards” on race, it was RFK, a man who was in constant struggle with his demons and his conscience.
Few white men were as searing as Kennedy in describing how the world looked to a young black man in the late 1960s. “He is told that the Negro is making progress,” Kennedy wrote, following the racial etiquette of his time. “But what does that mean to him? He cannot experience the progress of others, nor should we seriously expect him to feel grateful because he is no longer a slave, or because he can vote or eat at some lunch counters.”
“How overwhelming must be the frustration of this young man — this young American,” Kennedy continued, “who, desperately wanting to believe and half believing, finds himself locked in the slums, his education second-rate, unable to get a job, confronted by the open prejudice and subtle hostilities of a white world, and seemingly powerless to change his condition or shape his future.”
Yet Kennedy was never one to let individuals escape responsibility for their own fates. So he also spoke of others who would tell this young black man “to work his way up, as other minorities have done; and so he must. For he knows, and we know, that only by his efforts and his own labor will the Negro come to full equality.”
Holder and his friend President Obama have lived both halves of Kennedy’s parable. Like social reformers in every time, they strived to balance their own determination to succeed with their obligations to justice. Doing this is never easy. It can’t be.
Kennedy was not alone among Americans in being tormented by how much racism has scarred our national story. That’s why I was one of many who bristled back in 2009 when Holder called us all cowards. For all our flaws, few nations have faced up to a history of racial subjugation as regularly and comprehensively as we have. And Holder and Obama have both testified to our progress.
Yet rereading Kennedy is to understand why Holder spoke as he did. That the young man Kennedy described is still so present and recognizable tells us that complacency remains a subtle but corrosive sin. One of Holder’s finest hours as attorney general was his visit to Ferguson, Mo., after the killing of Michael Brown. Many young black men still fear they will be shot, a sign that the “open prejudice and subtle hostilities of a white world” have not gone away. We have moved forward, yet we still must overcome.
Holder leaves two big legacies in this area from which his successors must not turn away. In the face of a regressive Supreme Court decision gutting the Voting Rights Act, he has found other ways to press against renewed efforts to disenfranchise minority voters. And it is a beacon of hope that sentencing reform and over-incarceration, central Holder concerns, are matters now engaging conservatives, libertarians and liberals alike.
The New York Times’ Matt Apuzzo captured the irony of Holder’s tenure with the observation that his time as attorney general “is unique in that his biggest supporters are also among his loudest critics.” Many progressives have been troubled by his record on civil liberties in the battle against terrorism, his aggressive pursuit of journalists’ e-mails and phone records in leak investigations, and his reluctance to prosecute individual Wall Street malefactors.
That these issues will long be debated is a reminder that Holder was first a lawyer and public servant, most of whose work had nothing to do with race. That he singled out Kennedy as his hero shows that none of us need be imprisoned by race. That Holder cajoled and provoked us on the need “to confront our racial past, and our racial present” is itself an achievement that transcends the color line.
Kennedy, who spoke of those who braved “the disapproval of their fellows, the censure of their colleagues, the wrath of their society,” would understand the risks that Holder ran.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, September 29, 2014
“Judge Slams Voter Suppression Law”: ‘Why Does The State Of North Carolina Not Want People To Vote?’
Voting rights advocates in North Carolina caught a lucky break on Thursday, where it was revealed that the panel of three judges who would consider that state’s comprehensive voter suppression law included one Clinton appointee, Judge Diana Gribbon Motz, and two Obama appointees, Judges James Wynn and Henry Floyd. Last month, a George W. Bush appointee to a federal trial bench in North Carolina allowed the law to go into effect during the 2014 election, the panel of three judges from the United States Court of Appeals for the Fourth Circuit are now considering whether to affirm or reverse that decision. They heard oral arguments in the case on Thursday.
Several provisions are at issue in this case that all make it more difficult for residents of North Carolina to cast a vote. One provision cuts a week of early voting days. Another restricts voter registration drives. A third implements a strict voter ID law, although that provision does not take effect until 2016, so it would be reasonable for the court to decide not to suspend it during the 2014 election.
One provision that received a great deal of attention from the judges during Thursday’s oral arguments in this case is a change to the state law that causes ballots to be tossed out if a voter shows up in the wrong precinct. For the last decade, voters who showed up at the wrong precinct would still have their votes counted in races that were not specific to that precinct, so long as they voted in the correct county. The new law prohibits these ballots from being counted at all. According to the Associated Press, that means thousands of ballots will be thrown out each election year.
Judge Wynn, the only member of the panel who lives in North Carolina, appeared baffled by this provision. Explaining that he lives very close to a precinct that is not his assigned polling place, he asked the state to justify why his vote should be thrown out if he did not travel to a precinct that is further away from his home. At one point, his questions grew quite pointed — “Why does the state of North Carolina not want people to vote?” Wynn asked. At another point, he described a hypothetical grandmother who has always voted at the same place. Why not “let her just vote in that precinct?” he wondered?
An attorney defending the North Carolina law spent a great deal of his time at the podium arguing that it would be too disruptive for a court to suspend parts of North Carolina’s election law this close to the November elections. As a legal matter, this is a strong argument. In a 2006 case called Purcell v. Gonzalez, the justices reinstated a voter ID law that had been halted by a lower court. They explained that “[c]ourt orders affecting elections, especially conflicting orders, can themselves result in voter confusion and consequent incentive to remain away from the polls. As an election draws closer, that risk will increase.”
Yet the judges seemed skeptical of this argument as well, questioning what evidence the state could show that voters would actually be confused. When an attorney argued that restoring lost voting rights could be logistically challenging for the state, Judge Floyd asked whether “an administrative burden [can] trump a constitutional right?”
The argument that judges should heed Purcell‘s warning and be cautious about changing voting law close to an election also did not convince a much more conservative panel considering another voter suppression law in Wisconsin. Earlier this month, a panel of three Republican judges reinstated a voter ID in a single page order issued the same day that they heard oral arguments in the case. At the time, election law expert Rick Hasen criticized this order as a “very bad idea,” in part because of the reasons stated in Purcell. There are already early signs that Hasen was correct.
The Wisconsin case is already making its way to the Supreme Court, and the North Carolina case is likely to wind up there as well, especially if the Fourth Circuit rules against the state’s law. Should both cases come before the justices, that means that they will be confronted with one case where a court changed a state’s election law in a way that Democrats generally approve of, and another case where a court changed the state’s election law in a way that Republicans generally approve of. Both of these changes, moreover, would be made close to an election.
If the conservative Roberts Court really meant what it said in Purcell, then it is likely to allow the North Carolina law to go into effect while suspending the Wisconsin law. Should it allow both laws to take effect, however, that would raise serious concerns about whether the justices are willing to apply the same rule to every case, regardless of whether the rule benefits Democrats or Republicans.
By: Ian Millhiser, Think Progress, September 29, 2014
“You Can See Russia From 1400 Pennsylvania Avenue”: My Disorienting Day With Sarah Palin
Had John McCain been elected president in 2008, Sarah Palin still may not have ever set foot in the White House…because she wouldn’t have been able to find it.
On Friday afternoon, the failed reality-television star and one-time VP nominee materialized in Washington, clad in a leather blazer, to deliver a speech to the crowd at the Values Voter Summit—an annual social-conservative confab held at the Omni Shoreham Hotel, a sprawling, gilded maze of a place that is rumored to be haunted by a dead maid.
Maybe she was the one screwing with Palin’s notes, because about halfway through her remarks, Palin said this: “Don’t retreat: You reload with truth, which I know is an endangered species at 1400 Pennsylvania Avenue. Anyway, truth.”
1400 Pennsylvania Avenue.
One assumes Palin was attempting to say truth is an endangered species at the White House, which is located at 1600 Pennsylvania Ave. 1400 Pennsylvania Avenue is roughly a plaza in front of the Willard Hotel.
Palin is not the first politician to make this mistake. On Aug. 1, 2008, Rep. K. Michael Conaway, Republican from Texas, wrote a letter to then-President George W. Bush, which he addressed to:
“The President
The White House
1400 Pennsylvania Avenue
Washington, D.C. 20500”
I would like to imagine Conaway has spent the last six years wondering why he never received a response.
Out in the hallway of the Omni Shoreham, I talked to conservative women who felt that Palin’s mistake was not a big deal: “She speaks from the heart,” Marlea Knighton of Arizona, said. “The news never misprints?” Linda, an older lady from Virginia, said that anyone criticizing Palin for not knowing where the White House is located is just doing it “because they’re scared of what she says,” because women “who love the Lord” are intimidating to non-believers, like those populating the mainstream media.
Mark Roeske, who operates campaign buses, offered a different take: Conservative women like Palin intimidate feminist women because “they’re women who are not just a vagina,” and so they feel compelled to attack her whenever possible and make her seem stupid.
Gaffe aside, the rest of Palin’s speech was an unremarkable, nonsensical collection of Palinisms haphazardly strung together and delivered in her signature bright-yet-bitter-sounding sing-song style—like a homicidal kindergarten teacher.
“You’re the Americans that the media loves to hate,” she crooned, menacingly. And then, “All you mama grizzlies out there, rear up and charge against the lawless, imperial president and his failed liberal agenda and the lapdogs in the media.” And then, “So, I’m out in the shop with Todd, and he’s winterizing his snow plane.”
Let’s hope Todd has a better sense of direction.
By: Olivia Nuzzi, The Daily Beast, September 26, 2014
“The Religious Right’s Slow-Motion Suicide”: Contributing To Their Own Well Deserved Demise
I’m not sure what’s come over me and I suppose it’ll pass, but at just this moment I’m feeling a little bit sorry for evangelical conservatives. They were apparently pretty droopy, these proceedings over the weekend at the Values Voter Summit, as my colleague Ben Jacobs described things. Oh, yes, Ted Cruz fired them up, and some of the old stalwarts put in respectable appearances, but they have to know deep down that they’re like the horse-and-buggy lobby after Henry Ford has hit town. It’s only a matter of time.
I refer here chiefly to same-sex marriage, the big issue on which the cultural right now represents a quickly shrinking minority. You know the storm clouds are gathering when even Michele Bachmann is throwing in the towel—she declared same-sex marriage “not an issue” and even “boring” at the meeting.
But it’s not just same-sex marriage. The country has liberalized culturally in a range of ways in the past six or eight years, and it’s not only not going back, it’s charging relentlessly forward. The religious right also has no leaders anymore of the remotest interest. Back in the ’80s, Jerry Falwell was a figure to contend with; to loathe, certainly, but also to fear. Today? Pat Robertson has lost his marbles, seemingly, and after him, who? Tony Perkins? No one even knows his name, or if they do, they inevitably think of the guy who played filmdom’s most famous matricidal cross-dresser and aren’t entirely sure that this Tony Perkins might not be that Tony Perkins, which is not quite the type of association they’re looking for.
It’s a group that is losing power, and I think the leaders and even the rank-and-filers know it. Their vehicle, the Republican Party, is going libertarian on them. Rand Paul, whether he wins the 2016 nomination or not, is clearly enough of a force within the party that he is pushing it away from the culture wars. He is joined in this pursuit by the conservative intellectual class, which knows the culture wars are a dead-bang loser for the GOP and which finds the culture warriors more than a little embarrassing, and by the establishment figures, the Karl Rove types, who stroked them back in 2004 but who now see them as a liability, at least at the presidential level. There are still, of course, many states where these voters come in quite handy in that they elect many Republican representatives and senators.
If you think of the famous three legs of the Republican stool (the money conservatives, the foreign-policy conservatives, and the cultural conservatives) and think about which of those legs have had the biggest policy impact during periods of Republican governance in recent history, you have to conclude that the money and foreign-policy conservatives have made out like bandits (in some cases all too literally). The money crowd got all the deregulation it could realistically hope for. The neocons got two wars. The social conservatives haven’t done nearly as well. They’ve gotten some judicial appointments, but Roe v. Wade is still law, and that turncoat Kennedy is probably going to let the gays marry.
Now we’re getting to why on one level I feel a pang of sympathy for them. The disasters the Republican Party has brought us in the last decade—the economic meltdown and the wars—were the fault of the other two legs of the stool. Yet we know that these two groups are going to have permanent power in GOP. The money people own the party, and the neocons still dominate in Washington and—Rand Paul notwithstanding—will always have a considerable degree of influence in the party. The social conservatives are the only faction within the triad that hasn’t heaped wreckage upon the nation (not for lack of trying), and yet they have far less power in the upper echelons of the party than the other two groups. And when they complain, as they occasionally do, that they’ve largely been paid back for all their work in the vineyards with lip service and symbolic little executive order-type things, they have a point. It’s a little like labor in the Democratic Party.
And now, 2016 is going to be a pivotal election for them. Many of them want Ted Cruz, who won the Values Voter straw poll. But of course this is ridiculous. Cruz isn’t going to be the nominee. In fact Cruz’s win, and the fact that Jeb Bush and Chris Christie weren’t even invited to the meeting, is a sign of their retreat from serious politics toward something entirely gestural. Bush, from these people’s perspective, is too squishy on immigration, and Christie last October decided to stop fighting the tide of history on same-sex marriage when a decision by the state’s Supreme Court led Christie to withdraw an appeal his administration had lodged against a pro-same-sex marriage lawsuit.
That’s a childish way to do politics. If somehow they were to get their way with Cruz, then Hillary Clinton will easily be elected president, and she’ll almost certainly have the time and opportunity to flip the Supreme Court back to a liberal majority, and they’ll be finished for the good, the cultural right, and they will have contributed mightily to their own well-deserved demise.
OK. Whew. I’m over it.
By: Michael Tomasky, The Daily Beast, September 29, 2014
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