“So Much For Sacred Obligations”: It’s Open Season On Voting Rights Right Now In America
Immediately after the U.S. Supreme Court gutted the Voting Rights Act, it was hard not to wonder how long it would take for Republican state lawmakers to begin imposing new voting restrictions on Americans they don’t like. As it turns out, GOP policymakers were apparently already revving their engines, just waiting for the green light that came 24 hours ago.
MSNBC’s Benjy Sarlin noted that the Supreme Court’s majority said the Voting Rights Act “probably wasn’t a deterrent against new restrictions.” Sarlin added, “Oops.”
Quite right. Just yesterday, Republican state lawmakers in Georgia, Alabama, Mississippi, North Carolina, and Texas all moved forward, with great enthusiasm, on new election measures intended to make it harder for traditional Democratic voters to participate in their own democracy. It is, as Rachel noted on the show last night, “open season on voting rights right now in America,” thanks to the Republican-appointed justices on the U.S. Supreme Court.
Of course, the responsibility for “fixing” the Voting Rights Act is now in the hands of Congress, where one GOP leader was willing to say … something.
Earlier this year, [House Majority Leader Eric Cantor] participated in the congressional delegation that Rep. John Lewis, D-Ga., leads back to Selma, Ala., annually. That pilgrimage visits the sites of the civil rights movement, particularly one where, during a nonviolent demonstration, an explosion of police brutality erupted that left Lewis, then a young activist, with severe injuries.
“My experience with John Lewis in Selma earlier this year was a profound experience that demonstrated the fortitude it took to advance civil rights and ensure equal protection for all,” Cantor said. “I’m hopeful Congress will put politics aside, as we did on that trip, and find a reasonable path forward that ensures that the sacred obligation of voting in this country remains protected.”
That wouldn’t be especially noteworthy were it not for the fact that Cantor, to his credit, was literally the only member of the House congressional leadership — in either party — to issue a statement in response to the high court ruling. John Boehner, Mitch McConnell, and John Cornyn all said nothing.
Looking ahead, to put it mildly, this matters.
Indeed, why is it they were so reluctant to say anything at all? One of their colleagues was willing to explain the situation fairly accurately.
Most House Republicans were relatively subdued in the wake of the Supreme Court’s Tuesday decision to strike parts of the Voting Rights Act.
Conservative Arizona Rep. Trent Franks said that was no accident, but the result of a fear that their remarks would be interpreted as racism.
I suspect that’s a fair summary of the party’s fears, but I hope Republican lawmakers will consider the larger context. If they’re afraid of commenting for fear of looking racist, how do they suppose they’ll look when they reject efforts to “fix” the Voting Rights Act itself?
Boehner, McConnell, and company may not have a plan just yet, and they very likely would have preferred that the Supreme Court not drop this in their laps, but they’re going to have to come up with a strategy very soon.
And while they’re at it, I’d also encourage the Republican National Committee to think long and hard about voting rights in the coming months. Reince Priebus has been on a “listening tour” in recent months, making what appears to be a sincere effort to reach out to minority communities.
But whether the RNC realizes it or not, the party is in an untenable situation — Republicans can’t reach out to minority communities with one hand and wage a war on voting with the other, at least not if they expect their outreach efforts to be taken seriously.
Put it this way: if Republicans think they have a demographic problem now, imagine what it’ll look like after the party refuses to back a revamped Voting Rights Act.
No wonder Boehner and McConnell were feeling shy yesterday.
By: Steve Benen, The Maddow Blog, June 26, 2013
“Marching Back Across The Bridge”: Once Again, White Southerners Get To Decide Who’s Worthy To Vote
With a kind of sick fascination, I’m trying to keep track with how rapidly southern Republicans take advantage of yesterday’s Supreme Court decision striking down Section 4 of the Voting Rights Act to restrict the franchise. You’d think after years of claiming that Section 4 and Section 5 were unnecessary, they’d pause a decent interval before proving the point of voting rights advocates that prior review of voting changes in the Deep South were a practical necessity. But oh no, per this AP story from Bill Barrow:
Across the South, Republicans are working to take advantage of a new political landscape after a divided U.S. Supreme Court freed all or part of 15 states, many of them in the old Confederacy, from having to ask Washington’s permission before changing election procedures in jurisdictions with histories of discrimination.
After the high court announced its momentous ruling Tuesday, officials in Texas and Mississippi pledged to immediately implement laws requiring voters to show photo identification before getting a ballot. North Carolina Republicans promised they would quickly try to adopt a similar law. Florida now appears free to set its early voting hours however Gov. Rick Scott and the GOP Legislature please. And Georgia’s most populous county likely will use county commission districts that Republican state legislators drew over the objections of local Democrats.
Meanwhile, in Washington, House Majority Leader Eric Cantor was a lonely Republican voice indicating, however nonspecifically, an interest in congressional action to “fix” Section 4. From the House Speaker and the Senate Majority Leader, we’ve heard crickets. And across the South, we’ve heard cheers from Republicans eager to return to a time when the feds didn’t interfere with the sovereign ability of white southerners to decide who was worthy to vote. It’s like watching a tape of the 1965 march across the Edmund Pettis Bridge in Selma in reverse.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, June 26, 2013
“Blindspots, Symbols And Symptoms”: What Paula Deen Could Teach The Supreme Court
Why, in a week of multiple important Supreme Court decisions, are we so focused on the racial sins and multiple apologies of country cooking’s Paula Deen?
In part, of course, it’s because we brake for train wrecks, preferring them even to this week’s twin local animal stories about Rusty the runaway red panda and the black bear cub running through backyards in Northwest Washington.
But we’re also clicking on the Deen-athon because the “Oprah of food,” as one of the cook’s 2.7 million Facebook fans calls her, is a symbol and a symptom — a walking, talking, crying and deep-frying reminder of how much we still need both affirmative action and a fully functional Voting Rights Act.
Deen, who told NBC’s Matt Lauer, “I is what I is and I’m not changing,” was wrong about that: She’s already lost her cooking show, her deals with Smithfield Foods, Wal-Mart, Home Depot and Target. All that and more slipped away since the news that she’d admitted in a legal deposition that “of course” she’s used a racial slur in the distant past, and dreamed of throwing her brother Bubba a “plantation-themed” wedding dinner served by an all-black wait staff.
Now even Novo Nordisk has, by supposedly mutual agreement, “suspended” the woman who brought the world skillet-fried apple pie as spokeswoman for its diabetes drug. But she is the perfect spokeswoman for a week in which a number of the biggest stories circle back to the issue of inequality. To our flawed efforts to live up to that shimmery line in our Declaration of Independence about the apparently not-so-self-evident truth that we are all created equal.
In Florida, where George Zimmerman is on trial in the shooting death of black teenager Trayvon Martin, the friend Martin was on the phone with right before he died testified that he told her, “That ‘N-word’ is still following me now,’ ” she told the court. “I asked him how the man looked like. He just told me the man looked ‘creepy.’ ‘Creepy, white’ — excuse my language — ‘cracker. Creepy [expletive] cracker.” So we’ve been told that Zimmerman saw Martin through a racial lens. And now know that Martin saw Zimmerman that way.
In California, same-sex couples will soon be free to marry, but they still can’t walk down the aisle in 38 other states. And despite the high court’s thumbs down on the Defense against Marriage Act, we’re still nowhere near equality for an awful lot of Americans.
Which is why the saddest headline of the week had to be the one announcing that, as the civil rights leader Rep. John Lewis put it, “the Supreme Court has stuck a dagger into the heart of the Voting Rights Act” and “gutted the most powerful tool this nation has ever had to stop discriminatory voting practices from becoming law.” Now Mississippi and Texas can implement voter ID laws that, whatever their intent, will disenfranchise minority voters.
Across the land, meantime, disappointed white college applicants have effectively been invited to challenge race-conscious admissions plans like the one in Fisher v. the University of Texas at Austin, which the Supreme Court sent back to a lower court for further review. “The worst forms of racial discrimination in this nation have always been accompanied by straight-faced representations that discrimination helped minorities,” Clarence Thomas wrote in his concurring opinion. He’s long seen affirmative action as a vote of non-confidence, suggesting that maybe minorities aren’t as good as anybody else.
I’m not puzzled about why he might feel that way; when someone recently observed — pleasantly, with a hug and no ill intent — that my contribution to a certain group was to keep it from being all-male, I smiled on the outside yet inside, narrowed my eyes and gave him the invisible Death Stare.
But the problems caused by affirmative action are nothing compared to what the lack of diversity gets us: Just for example, a 66-year-old millionaire who still doesn’t know not to brag that she has a friend who is “black as a board.” Who somehow reached retirement age and became a big darn deal without ever learning that yes, the racial slur in question is offensive. Or that “plantation-style” is not a festive party theme.
Matt Lauer finally did make me feel for her with his blunt questions while she was in tears, acting like some latter-day Jean Le Maistre demanding on behalf of the Inquisition that Joan of Arc forsake men’s clothing in prison. (Though if Joan responded that he who is without sin should “pick up that stone and throw it so hard at my head that it kills me,” I don’t want to know.) We all pay the price for that kind of not-at-all-benign cluelessness. And for her blind spots and all of ours, what better antidote do we have than the civil rights remedies undermined this week by our highest court?
By: Melinda Henneberger, The Washington Post, She The People, June 27, 2013
“Congress As It Actually Is”: When The Voting-Rights Challenge Lands On Capitol Hill, A Strong GOP Incentive Not To Act At All
The Supreme Court’s ruling on the Voting Rights Act was almost clever, in an ugly and deceptive sort of way. The five-member conservative majority conceded what a great law the VRA has been, and hailed its efficacy over the years. (In a curious twist, the justices believe the law such a great success it magically became unconstitutional when we weren’t looking.)
Today’s ruling even left Section 5 of the law more or less intact, endorsing at least the concept of pre-clearance before states and municipalities can change their voting laws. So what’s the problem?
Actually, everything. While the high court’s ruling may seem fairly narrow — the majority said they simply want Congress to replace an old formula with a new one — it also probably marks the end of the Voting Rights Act. Today’s ruling calls for a fix, but as a practical matter, it guts the landmark civil-rights law.
The ruling, a 5-4 decision by Chief Justice John Roberts, leaves the future of the law deeply uncertain because it will be up to a sharply divided Congress to redraw the map, if it can agree on one at all.
“In practice, in reality, it’s probably the death knell of this provision,” said Tom Goldstein, the publisher of SCOTUSblog and a Supreme Court analyst for NBC News.
If we wore some kind of Rawlsian veil of ignorance, and forgot everything we know about the contemporary U.S. Congress, this wouldn’t necessarily have to be considered a complete disaster. Given widespread voting problems, a competent and capable legislative branch of government might even see the ruling as an opportunity to pursue meaningful election reforms.
But if we drop the veil, we see Congress as it actually is — an institution where procedural abuses are the norm, an extremist caucus holds control of the lower chamber, the politics of extortion and hostage strategies is routine, and lawmakers struggle badly to complete even rudimentary tasks.
And it’s not just about Congress’ dysfunction. As recently as 2006, the Voting Rights Act was easily reauthorized by large bipartisan majorities, and signed into law by a Republican president. But by any fair measure, the radicalization of Republican politics has intensified greatly over the last seven years.
Indeed, I imagine GOP lawmakers will see a strong incentive not to act at all on this issue — with the 2014 midterms coming up, and Republicans in the majority in so many state legislatures (especially in the South), the party will likely be content to reject all pre-clearance measures and encourage red-state lawmakers to enact sweeping new voting restrictions without fear of Justice Department oversight. In the process, Democratic hopes for electoral gains next November will be further undermined by institutional, not political, barriers.
The war on voting, in other words, is just getting started, and is poised to claim more casualties.
There is one more angle to keep in mind, though. You’ll recall that the Republican National Committee has said it’s sincere about outreach to minority communities and expanding its base beyond the GOP’s overwhelmingly white, older supporters.
If Republican lawmakers refuse to work constructively on the Voting Rights Act, and perhaps even kill immigration reform, the setback for the party’s alleged outreach efforts will be immeasurable.
By: Steve Benen, The Maddow Blog, June 25, 2013
“And So It Begins”: Republicans Plod Full Steam Ahead To Implement Voter Suppression Plans
In the wake of this morning’s Supreme Court ruling on the Voting Rights Act, it stood to reason that Republican policymakers, especially in the South, would be pleased. After all, despite generations of institutional racism and systemic discrimination, these officials have wanted to curtail voting rights without the Justice Department’s interference for a while.
But exactly how long did it take before we learned of GOP policymakers acting on that satisfaction? About an hour after the ruling was announced.
Just hours after the Supreme Court handed down a ruling that guts parts of the Voting Rights Act, Texas is moving forward with a controversial voter ID law that state Attorney General Greg Abbott hopes to implement right away.
“With today’s decision, the state’s voter ID law will take effect immediately,” Abbott said in a statement to the Dallas Morning News. “Redistricting maps passed by the Legislature may also take effect without approval from the federal government.”
The Texas law requires voters to show photo identification to vote — a measure that was blocked by the Justice Department, arguing the law could discriminate against racial minorities. At the time, Attorney General Eric Holder called the law a “poll tax.”
Holder was right, but according to the Supreme Court majority, that no longer matters.
What’s more, it’s not just Texas. My Maddow Show colleague Tricia McKinney found all kinds of related examples, with officials who seemed almost giddy by the prospect of acting on voting rights without fear of Justice Department intervention.
There was this AP story out of Mississippi …
Mississippi Republican officials are applauding Tuesday’s U.S. Supreme Court ruling that will allow the state’s voter identification law to take effect without federal approval.
… and this one out of North Carolina* …
Voter identification legislation in North Carolina will pick up steam again now that the U.S. Supreme Court has struck down part of the Voting Rights Act, a key General Assembly leader said Tuesday.
… and this one out of South Carolina …
S.C. Attorney General Alan Wilson said the Supreme Court ruling is a victory over “an extraordinary intrusion into state sovereignty in certain states, including South Carolina.” He said great strides had been made over time, making the preclearance requirement obsolete.
“Today’s decision means the voting rights of all citizens will continue to be protected under the Voting Rights Act without requiring a different formula for states wishing to implement reasonable election reforms, such as voter ID laws similar to South Carolina’s,” Wilson said. “This is a victory for all voters as all states can now act equally without some having to ask for permission or being required to jump through the extraordinary hoops demanded by federal bureaucracy.”
… and in Virginia, state Senate Majority Leader Tommy Norment (R) wants folks to know that if the commonwealth approves voting restrictions, don’t worry, you can still sue.
“Voter discrimination has no place in the Commonwealth and will not be tolerated by members of the Senate of Virginia. As every Virginia voter who believes a voting law or redistricting line to be discriminatory retains the ability to bring a court challenge, protections against voter discrimination remain intact despite the Supreme Court’s decision on the Voting Rights Act.”
The “war on voting” was relentless in 2011 and 2012, and got off to an aggressive start in 2013. In the coming months, it’s going to get much worse.
*updated
By: Steve Benen, The Maddow Blog, June 25, 2013
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