“Whether The Pretense Makes Sense Is Irrelevant”: The War On Voting In A Post Voting Rights Act World Just Got Worse
In North Carolina, thanks to Republican gains in the 2010 state elections, the congressional district lines already drawn in such a comically gerrymandered way, the state’s delegation bears little resemblance to the actual wishes of voters. In 2012, for example, a majority of North Carolinians voted for Democratic congressional candidates, and yet, only 4 of the state’s 13 members of the U.S. House are Democrats.
But as the Los Angeles Times reports today, that’s apparently not quite good enough for GOP state policymakers. In a story Rachel has covered on the show, now that the district lines have been gerrymandered to ensure a Republican advantage regardless of voters’ wishes, the next step is to restrict voters’ access to their own democracy.
The GOP chairman of the state Senate rules committee, Sen. Tom Apodaca, said he would move quickly to pass a voter ID law that Republicans say would bolster the integrity of the balloting process. GOP leaders also began engineering an end to the state’s early voting, Sunday voting and same-day registration provisions, all popular with black voters. Civil rights groups say the moves are designed to restrict poll access by blacks, who vote reliably Democratic.
Up until about a week ago, this would ordinarily be the point at which voting-rights advocates, civil rights activists, and anyone concerned with voter access and election fairness would say, “Whew, it’s a good thing the Voting Rights Act still exists. There’s no way these North Carolina’s measures will pass muster.”
But all of that changed rather abruptly when five justices on the U.S. Supreme Court gutting the Voting Rights Act and gave GOP policymakers in North Carolina and elsewhere a green light to start restricting Americans’ access to the ballot box. It is open season on voting rights and Republicans throughout the South are seizing the opportunity.
Originally, GOP lawmakers in North Carolina held back on pursuing voter-ID laws, knowing how racially discriminatory they are. But thanks to the Supreme Court, they no longer care.
What’s especially interesting to me as how thin the pretense is. At least on the surface, Republicans say they need to impose the harshest voting restrictions since Jim Crow to prevent “voter fraud.” In reality, such fraud is practically non-existent, but it nevertheless serves as a convenient pretense. But how does ending Sunday voting prevent fraud? Why eliminate early-voting opportunities and make longer voting lines, neither of which relate to fraud at all?
Of course, questions like these only matter if there’s a real debate, and with Republicans controlling North Carolina’s legislature and governor’s office, whether the pretense makes sense or not is apparently irrelevant.
By: Steve Benen, The Maddow Blog, July 2, 2013
“An Extension Of The GOP”: The Republicans Of The Supreme Court
In order to fully understand what the five Republican appointees on the Supreme Court have been up to when they make decisions that affect our democracy, as they did last week on voting rights, you need to understand what the Republican Party has been up to.
The modern GOP is based on an unlikely coalition of wealthy business executives, small business owners, and struggling whites. Its durability depends on the latter two categories believing that the economic stresses they’ve experienced for decades have a lot to do with the government taking their money and giving it to the poor, who are disproportionately black and Latino.
The real reason small business owners and struggling whites haven’t done better is the same as most of the rest of America hasn’t done better: Although the output of Americans has continued to rise, almost all the gains have gone to the very top.
Government is implicated, but not in the way wealthy Republicans want the other members of their coalition to believe. Laws that the GOP itself championed (too often with the complicity of some Democrats) have trammeled unions, invited outsourcing abroad, slashed taxes on the rich, encouraged takeovers, allowed monopolization, reduced the real median wage, and deregulated Wall Street.
Four decades ago, the typical household’s income rose in tandem with output. But since the late 1970s, as these laws took hold, most Americans’ incomes have flattened. Had the real median household income continued to keep pace with economic growth it would now be almost $92,000 instead of $50,000.
Obviously, wealthy Republicans would rather other members of their coalition not know any of this — including, especially, their role in making it happen. Their nightmare is small-business owners and struggling whites joining with the poor and the rest of the middle class to wrest economic power away. So they’ve created a convenient scapegoat in America’s minority underclass, along with a government that supposedly taxes hardworking whites to support them.
This is where the five Republican appointees to the Supreme Court have played, and continue to play, such an important role.
First, wealthy Republicans have to be able to spend as much money as possible to bribe lawmakers to do their bidding, tell their version of history, and promulgate several big lies (the poor are “takers not makers,” government keeps them “dependent,” the wealthy are “job-creators” so cutting their taxes creates more jobs, unions are bad, regulations reduce economic growth, and so on).
The five Republicans on the Supreme Court have obliged by eviscerating campaign finance laws. Their 2010 decision in Citizens United v. Federal Election Commission, along with the broad interpretations given it by several appellate judges (also Republican appointees), has opened the money floodgates.
Second, wealthy Republicans want to quietly reduce the impact of any laws that might limit their profits, even though they may help struggling whites as consumers or employees. The easiest way to execute this delicate maneuver is to make it harder to sue under such laws.
Here, too, the five Republicans on the Court have been eager to oblige by tightening requirements for class actions and limiting standing to sue. In their recent Comcast Corp. v. Behrend decision, for example, they threw out $875 million in damages that a group of Philadelphia-area subscribers had sought from the cable giant, reasoning that the subscriber plaintiffs hadn’t proven they constituted a “class” for the purpose of a class action.
Third and finally, wealthy Republicans want to minimize the votes of poor and minority citizens – and further propagate the myth that these people are responsible for the economic problems of struggling whites – through state redistricting and gerrymandering, voter-identification requirements at polling stations, and the use of almost any pretext to purge minority voters from voting lists.
The five Republicans on the Court obliged last week by striking down a section of the 1965 Voting Rights Act that sets the formula under which states with a long history of discrimination must ask the federal government or a judge for approval before changing their voting procedures.
The significance of Shelby County, Alabama vs. Holder was made plain Thursday when the Court effectively nullified two cases involving Texas voter laws by sending them back to lower courts to reconsider in light of Shelby. One was a voter identification requirement, enacted in 2011, that a federal judge had rejected on grounds that it imposed a disproportionate burden on lower-income people, many of whom are minorities. The other was a redistricting plan, also rejected by a federal court, in part because it would block minorities from gaining a majority vote in almost all districts.
But now both are effectively reinstated, as are the efforts of several other states to suppress votes.
Supreme Court justices are appointed for life in order to ensure their independence from politics. But when it comes to the core political strategy of the Republican Party, the five Republican appointees are, in effect, an extension of the GOP.
By: Robert Reich, The Robert Reich Blog, July 1, 2013
“Preventing Access To The Ballot Box”: Polling Disenfranchisement Will Be More Difficult To Flag
Time for everyone to step away from their respective ledges.
A few days have passed since the U.S. Supreme Court ruled on one of the most effective pieces of civil rights legislation ever passed, the Voting Rights Act of 1965.
Some of the kneejerk liberal oratory, the gnashing of teeth, is completely out of step with reality. The court’s decision does not signal a slippage to Jim Crow antics like poll taxes and hatred so violent that merely registering a black person to vote could lead to murder.
Likewise, conservatives would do well to cease gloating about the landmark ruling that nullified an important part of the Act. After all, it’s not like the court found that the nine states and portions of six others receiving extra scrutiny have become bastions of free and equal treatment for all voters.
In fact, records compiled for Congress the last time it renewed the Voting Rights Act in 2006 reflect many examples of disparate impacts for voters in recent years.
Clearly, a black man in the White House does not mean the nation has eradicated discriminatory problems in voting, intentional or not.
The problem now is Congress.
Congress needs to rewrite the guidelines nullified by the ruling to consider new situations across the United States. Supreme Court Chief Justice John Roberts tried to nudge toward that goal in the ruling.
Dramatic demographic shifts necessitate it. New populations of voters not fully considered in 1965 such as Hispanics, Asians and increasing numbers of less mobile elderly are bringing new challenges to ensuring access to the polls.
The Court’s 5-4 ruling in Shelby v. Holder made irrelevant a portion of the law initially intended to halt the horrific abuses of the civil rights era.
Alabama’s Shelby County challenged a section of the Voting Rights Act that mandated so-called pre-clearance standards. Most of the states and some of jurisdictions covered are in the South. Under Section 5 of the Voting Rights Act, they must first receive the federal government’s permission before redrawing legislative maps, shifting polling places or enacting new rules on voter identification.
These jurisdictions must prove to the Justice Department or a panel of federal judges that planned changes will not have a discriminatory effect.
Problem was, the areas were chosen by past abuses. Too far in the past, the court decided, nullifying the formula used to determine who is covered.
The court wants Congress to readdress the formula, using more current voting patterns. Congress failed to do that the last time the Voting Rights Act was renewed.
The Justice Department can and will still pursue abuses. They’ll be busy.
Accessibility to the ballot box is under assault in America. Legislatures nationwide are passing changes to voting laws, often under the guise of stopping voter fraud.
Repeatedly, politicians pushing for the measures cannot prove fraud exists. Often, they are mislabeling database errors as fraud. Problems like two people with the same name, inaccurate data entry of addresses or birthdays. The glitches need to be eliminated; new technology can be employed.
But the goal should always be increasing access for eligible voters, not making reaching the ballot box unnecessarily more difficult — and often placing that burden on older, poorer and minority voters.
Here is the thing.
Areas affected by pre-clearance standards could have been exempted from scrutiny years ago. All they needed to do was keep a clean slate, not have any violations for 10 consecutive years. This process, called “bailout,” is included in the act.
But problems continued. Most of the jurisdictions never met that mark.
No, they had to wait until a conservative-leaning court cut them some slack.
And now an ineffective Congress will make it that much more difficult to flag modern-era abuses.
By: Mary Sanchez, The National Memo, July 1, 2013
“No Escaping A Rising Tide”: Beyond Black And White, New Force Reshapes The South
The Deep South was, quite literally, a black and white world in 1965, when Congress approved the Voting Rights Act, sweeping away barriers that kept African-Americans from the polls.
And the Supreme Court decision on Tuesday, which struck down a key part of the law, is certain to set off a series of skirmishes over voting regulations between the white Republicans who control Southern state legislatures and civil rights groups seeking to maximize black voter clout.
But those who have studied the region closely say that a more unstoppable force is approaching that will alter the power structure throughout the South and upend the understanding of politics there: demographic change.
The states with the highest growth in the Latino population over the last decade are in the South, which is also absorbing an influx of people of all races moving in from other parts of the country.
While most experts expect battles over voting restrictions in the coming years, they say that ultimately those efforts cannot hold back the wave of change that will bring about a multiethnic South.
“All the voter suppression measures in the world aren’t going to be enough to eventually stem this rising tide,” said Representative David E. Price, a veteran North Carolina Democrat and a political scientist by training.
As the region continues to change, Republicans who control legislatures in the South will confront a basic question: how to retain political power when the demographics are no longer on your side.
The temptation in the short term, now that the Supreme Court has significantly relaxed federal oversight, may be to pass laws and gerrymander districts to protect Republican political power and limit the influence of the new more diverse population.
But that could be devastating to the party’s long-term prospects, especially if it is seen as discriminating against the groups that will make up an ever larger share of the future electorate.
The law guaranteeing political equality for blacks was passed nearly a half-century ago, in the wake of the startling images of violence in Selma, Ala. The nationally televised coverage shook America’s conscience and marked what President Lyndon B. Johnson would say in a speech to Congress was a moment where “history and fate meet at a single time in a single place to shape a turning point in man’s unending search for freedom.”
The act eventually imposed federal oversight over nine states and other jurisdictions — among them, Alabama, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia — requiring them to seek preapproval for election laws, like voter identification measures, redistricting maps and rules related to the mechanics of elections, like polling hours.
The Supreme Court on Tuesday essentially struck down those preapproval requirements, which had deterred states and localities from passing legislation that they knew would meet with resistance from civil rights advocates and result in protracted fights.
Alabama, for example, passed a law in 2011 requiring that voters show photo identification at the polls. The state put off submitting the legislation to the Department of Justice, however — a delay some Democrats attribute to the state’s Republicans waiting for the Supreme Court decision.
But the most meaningful impact of the ruling may be seen in the decade to come, when Southern states — freed from federal preclearance requirements — take up the redrawing of Congressional and legislative seats amid much more complex racial politics than in the days of Jim Crow.
As the white share of the population shrinks, Republican leaders are going to grapple with the same problem their Democratic counterparts faced as whites drifted from their ancestral party in the 1980s and 1990s.
“The South is going to start looking more like California eventually,” said Arturo Vargas, executive director of the National Association of Latino Elected and Appointed Officials.
For years, black and white legislators in the South have agreed to district lines that, thanks to racial packing, create safe seats for both black Democrats and white Republicans. The Obama administration’s Department of Justice approved nearly every Southern redistricting map, written by Republicans, after the 2010 census.
The one exception, Texas, offers a window into what the future may look like in a multiracial South. With almost 90 percent of its growth owing to a mix of new Hispanic, Asian and black voters, Republican legislators in Texas drew new districts in 2011 that were rejected by a federal court as discriminatory because they didn’t sufficiently recognize the political power of the new demographics.
Just as Texas is now, Georgia will, thanks to polyglot Atlanta, eventually become a state where it will be difficult for Republicans to produce a redistricting map that protects their majority in perpetuity without drawing legal challenges.
Georgia’s Hispanic population nearly doubled between 2000 and 2010, according to federal census data. In suburban Atlanta’s Gwinnett County, the most heavily Hispanic locality in the state, the Latino population rose to 162,035 from 64,137.
“The growing nonwhite share of the electorate in Georgia and other Southern states represents a threat to the continued domination of the current majority party, which means that it is in the political interest of the majority party to do whatever it can, whether through control of redistricting or through the enactment of restrictive voter ID laws, to limit the impact of these trends,” said Alan I. Abramowitz, an Emory University political scientist.
State Representative Stacey Abrams of Georgia, the Democratic leader, said such efforts would trigger a backlash.
“They’re going to be tempted to try to take advantage of this, but they risk permanently alienating a population that will eventually be able to take its revenge,” Ms. Abrams said. “Given how quickly our Asian and Latino populations are growing and how much of the electorate they’re going to represent, to constrain their voting power would be a recipe for disaster.”
Ms. Abrams’s Republican counterpart, the House speaker, David Ralston, said the Voting Rights Act decision was an affirmation that his native region “has changed, has matured,” and that his party would demonstrate that by appealing to Georgia’s changing face.
“If we’re going to govern responsibly and lead,” Mr. Ralston said, “then we have to recognize that Georgia is a big state, it’s a diverse state, and it’s a state that’s changing.”
By: Jonathan Martin, The New York Times, June 25, 2013
“The Party Isn’t White Enough”: Get Ready For More Republican Party Race Baiting
You, unsuspecting citizen, probably take the view that the Republican Party is too white. It’s the conventional wisdom, after all, and last year’s election results would seem to have proven the point resoundingly. But you’re obviously not up with the newest thinking in some conservative quarters, which is that the party isn’t white enough, and that the true and only path to victory in the future is to get whiter still. Some disagree, which gives us the makings of a highly entertaining intra-GOP race war playing out as we head into 2016. But given this mad party’s recent history, which side would you bet on winning?
The situation is this. The immigration reform bill passed the Senate yesterday. It will now go to the House. A few weeks ago, as I read things, there were occasional and tepid signals that the House would not take up the Senate bill. Now, by contrast, those signals are frequent and full-throated. For example, yesterday Peter Roskam, a deputy GOP whip in the House, said this: “It is a pipe dream to think that [the Senate] bill is going to go to the floor and be voted on. The House is going to move through in a more deliberative process.”
“Deliberative process” probably means, in this case, killing the legislation. House conservatives, National Journal reports, are increasingly bullish on the idea that they may be able to persuade John Boehner to drop the whole thing.
Last December, such an outcome was supposed to mean disaster for the Republicans. But now, some say the opposite. Phyllis Schlafly and talk-radio opponents of the bill like Laura Ingraham have been saying for a while now that the party doesn’t need Latino votes, it just needs to build up the white vote. And now, they have the social science to prove it, or the “social science” to “prove” it.
Sean Trende, the conservative movement’s heavily asterisked answer to Nate Silver (that is to say, Silver got everything right, and Trende got everything wrong), came out with an analysis this week, headlined “Does GOP Have to Pass Immigration Reform?,” showing that by golly no, it doesn’t. You can jump over there yourself and study all his charts and graphs, but the long and short of it is something like this. Black turnout and Democratic support have both been unusually high in the last two elections, which is true; Democrats have been steadily losing white voters, which is also true; if you move black turnout back down to 2004-ish levels and bump up GOP margins among whites (by what strikes me as a wildly optimistic amount), you reach White Valhalla. Somehow or another, under Trende’s “racial polarization scenario,” it’ll be 2044 before the Democrats again capture 270 electoral votes. Thus is the heat of Schlafly’s rhetoric cooled and given fresh substance via the dispassionate tools of statistics.
Karl Rove says this is bunk. He wrote in The Wall Street Journal yesterday that to win the White House without more Latino support, a Republican candidate would have to equal Ronald Reagan’s 1984 total among whites, which was 63 percent. Rove thinks this unlikely—Trende thinks it’s pessimistic—and counsels some Latino reach-out (naturally, none of them ever says anything about black reach-out). The party used to listen to Rove, but most of them have zoomed well past him to the twilight zone of the far, far right.
These Republicans and the people they represent—that is, the sliver of people they care about representing—don’t want any outreach. They almost certainly won’t let a path to citizenship get through the House. And they’ll attack minorities in other ways, too. It’s been mostly civil rights advocates who’ve denounced the Supreme Court’s Voting Rights Act decision, and one can obviously see why. But trust me, that decision, as Bloomberg’s Josh Green shrewdly noted the day it came down, is a “poisoned chalice” for the GOP.
Why? Just look at what’s already happened since the decision was announced—the party is launching voter-suppression drives in six of the nine freshly liberated states. All the states, of course, are down South. These drives might “work.” But they will attract an enormous amount of negative publicity, and they’ll probably induce massive backlashes and counter-movements. This effort will lead to even greater distrust of the GOP by people of color, and it will reinforce the captive Southern-ness of the party, making it even more Southern than it already is. And Republicans won’t stop, because they can’t stop. Race baiting is their crack pipe.
And here’s the worst part of this story. If the House Republicans kill immigration reform, and Republican parties across the South double down to keep blacks from voting, then they really will need to jack up the white vote—and especially the old white vote—in a huge way to be competitive in 2016 and beyond. Well, they’re not going to do that by mailing out Lawrence Welk CDs. They’re going to run heavily divisive and racialized campaigns, worse than we’ve ever seen out of Nixon or anyone. Their only hope of victory will be to make a prophet of Trende—that is, reduce the Democrats’ share of the white vote to something in the mid- to low-30 percent range. That probably can’t happen, but there’s only one way it might. Run the most racially inflamed campaign imaginable.
That’s the near-term future we’re staring at. We can take satisfaction in the fact that it’s bad for them, but unfortunately, it’s not so good for the country.
By: Michael Tomasky, The Daily Beast, June 28, 2013
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