“Shame On Texas And The U.S. Supreme Court”: A Capitulation To Voter Suppressors Everywhere
In allowing Texas’ voter identification law to go into effect, at least for the November election, the U.S. Supreme Court last week showed the nation precisely what it meant in 2013 when its conservatives struck down the heart of the Voting Rights Act in Shelby County vs. Holder.
It is hard to chronicle in a short space the ways in which the Texas law, one of the most discriminatory voting laws in modern history, runs afoul of constitutional norms and reasonable standards of justice. State lawmakers rammed through the measure, jettisoning procedural protections that had been used for generations in the state Legislature. By requiring registered voters to present a certain kind of photo identification card, and by making it difficult for those without such cards to obtain one, the law’s Republican architects would ensure that poor voters, or ill ones, or the elderly or blacks or Latinos — all likely Democratic voters — would be disenfranchised, all in the name of preventing a type of voter fraud that does not materially exist.
These lawmakers — and for that matter the U.S. 5th Circuit Court of Appeals and the Supreme Court judges who now have sanctioned the law’s implementation for next month’s election — were shown mountains of evidence on what the law’s discriminatory impact would be on minority communities. Witness after witness testified that the new law amounted to a poll tax on people who had, even in the deepest recesses of Texas, been able for decades to adequately identify themselves before lawfully casting their ballot.
What was Texas’ strongest argument against all this evidence? That a state may establish financial and practical hurdles that preclude the poor from voting so long as it — purportedly — does not discriminate against voters by race. For now, this nonsense is the law of the land in Texas.
And as Congress dithers over an amendment to the Voting Rights Act and state lawmakers continue to churn out legislation on voting that widens the nation’s divides, the high court’s ruling essentially endorses the following judicial construction — a capitulation, really, to vote suppressors everywhere — to be the law of the land in America: That even when a state with a long history of discrimination in voting practices is found to have intentionally discriminated against minority citizens by restricting their voting rights, even when a trial judge says so and even in the absence of a contradictory appellate finding on the scope and effect of that discrimination, the state still is entitled to implement those discriminatory practices in a national election.
The six Supreme Court justices who allowed the Texas law to go into effect did not write a single word about the trial judge’s extensive findings of intentional discrimination in the law’s creation or implementation. The 5th Circuit judges, who overturned that trial judge’s ruling, evaded the vital issue by noting, in passing, that those complicated issues could be resolved later, when the federal judiciary evaluated the case on the merits.
The rationale behind these hollow displays of justice is perverse, saying it would be more unfair now to force Texas to go back to the old voter identification laws, the ones that had worked well for decades, than it would be to require voters to get the new identification the law demands.
The swift passage of this Texas law — it was blocked by the Voting Rights Act until the 2013 Supreme Court ruling in Shelby County, then began to be hustled through the state Legislature on the very day that case was decided — is unassailable proof that intentional racial discrimination still exists in these jurisdictions. The trial judge so found, in page after page of documentation, that Texas state officials, emboldened by the Shelby County decision, devised a way to make it harder for blacks and Latinos to have their votes counted. Read her opinion for yourself.
Only three justices on the Supreme Court — Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan — had the courage to call the high court’s ruling the sham that it is. Ginsburg wrote in the dissent that there was ample proof the Texas law discriminates, and no proof that it doesn’t. There was ample proof, she wrote, that state officials relentlessly fought against amendments to the measures that would have ameliorated the discrimination, and no proof that the new restrictions will solve whatever perceived voter fraud problems lawmakers fear. About 600,000 registered voters could be disenfranchised, Ginsburg warned.
Some stoic commentators have noted that the Supreme Court did not rule on the merits of the Texas law — that the justices may well strike it down next year, or the year after that, when it inevitably comes back to them following a ruling on the merits at the 5th Circuit. I don’t buy it. And even if this court ultimately does strike down this odious law, where precisely do the disenfranchised citizens of Texas in the November election go to get their votes back? Nowhere, which is the point of the Texas law and the ultimate effect of the judiciary’s shameful tolerance of it.
By: Andrew Cohen, The Los Angeles Times; The National Memo, October 24, 2014
“The Same Supply-Side Ideas”: Republicans Have Known All Along That Their Jobs Plan Wouldn’t Work That Well
If you’ve read my work over the past few months, you’ve probably heard me argue that Republicans don’t have a jobs plan. I’ve said it a few times. Never has that point been clearer than in the New York Times Thursday morning, where economists on both sides of the aisle—and even House Speaker John Boehner’s spokesman—admit that the Republican “jobs” plan wouldn’t actually help the economy very much.
“Some of those things will help,” Matthew J. Slaughter, who served on President George W. Bush’s Council of Economic Advisers, told the Times about Republican economic ideas, “but, it just struck me as sort of a compendium of modest expectations. If you ask me, ‘What’s your ballpark guess for how many jobs are going to be created?,’ it’s just not many.” Douglas Holtz-Eakin, a conservative economist and former director of the Congressional Budget Office said, “I don’t think any of these are particular game changers.”
The traditional Republican ideas to boost the economy—cutting spending, reducing regulations, and reforming the tax code—represent a misunderstanding of the underlying problems with the economy. Those are all supply-side policies, intended to boost investment and improve productivity. Those aren’t bad goals, of course, but they don’t solve the demand-side issues that are actually holding back growth.
When the Great Recession struck, households cut back on their spending, forcing businesses to fire workers, who then cut back their own spending—thus, a lack of demand. This creates a nasty cycle of reduced spending and job losses. The government’s role in these situations is to fill the hole in demand by using fiscal or monetary policy. We did both and they were moderately successful. But they weren’t sufficient to fill the entire hole in demand and we’ve had a lackluster recovery as a result, made even worse by a premature turn to austerity.
The most revealing quotation in the Times article came from Kevin Smith, a spokesman for Boehner. When asked about the 46 bills that Boehner has outlined as the Republican jobs package—most of which would cut regulations and taxes—Smith said that the bills were not “a cure-all, but they would be a good start for our economy; we need to do more.” In other words, after six years of critiquing Obama’s economic policies, House Republicans still don’t have an economic agenda to fix the economy’s ills.
In some sense, that’s OK right now. The recovery has taken a step forward this year and we no longer need a big jobs package to save the economy (although more infrastructure spending would help). But during the beginning of the Obama presidency that wasn’t the case. Then, we did need a big jobs plan, but Republicans offered the same supply-side ideas they’re proposing now. Based on Smith’s comments, it seems the GOP was aware of this too.
By: Danny Vinik, The New Republic, October 23, 2014
“Don’t Let Them Silence You: Vote, Dammit”: The Way We All Become Equal On Election Day Is That We Cast That Ballot
Our country’s oldest and longest struggle has been to enlarge democracy by making it possible for more and more people to be treated equally at the polls. The right to participate in choosing our representatives – to vote — is the very right that inflamed the American colonies and marched us toward revolution and independence.
So it’s unbelievable and frankly outrageous that in the last four years, close to half the states in this country have passed laws to make it harder for people to vote. But it’s true.
But don’t stop there. Engage, and start the conversation of democracy where you live — in your apartment complex, on your block, in your neighborhood. There is always at least one kindred spirit within reach to launch the conversation. Build on it.
As this country began, only white men of property could vote, but over time and with agitation and conflict, the franchise spread regardless of income, color or gender. In the seventies, we managed to lower the voting age to 18. Yet a new nationwide effort to suppress the vote, nurtured by fear and fierce resistance to inevitable demographic change, has hammered the United States.
And this must be said, because it’s true: While it once was Democrats who used the poll tax, literacy tests and outright intimidation to keep Black people from voting, today, in state after state, it is the Republican Party working the levers of suppression. It’s as if their DNA demands it. Here’s what Paul Weyrich, one of the founding fathers of the conservative movement, said back in 1980: “I don’t want everybody to vote. Elections are not won by a majority of people. They never have been from the beginning of our country, and they are not now. As a matter of fact our leverage in the elections quite candidly goes up as the voting populace goes down.”
So the right has become relentless, trying every trick to keep certain people from voting. And conservative control of the Supreme Court gives them a leg up. Last year’s decision – Shelby County v. Holder – revoked an essential provision of the 1965 Voting Rights Act, and that has only upped the ante, encouraging many Republican state legislators to impose restrictive voter ID laws, as well as work further to gerrymander Congressional districts and limit voting hours and registration. In the past few weeks, the Supreme Court has dealt with voting rights cases in Texas, Wisconsin, North Carolina and Ohio and upheld suppression in three of them, denying the vote to hundreds of thousands of Americans. As Justice Ruth Bader Ginsburg wrote in opposition, “The greatest threat to public confidence… is the prospect of enforcing a purposefully discriminating law.”
The right’s rationale is that people — those people — are manipulating the system to cheat and throw elections. But rarely – meaning almost never — can they offer any proof of anyone, anywhere, showing up at the polling place and trying illegally to cast a ballot. Their argument was knocked further on its head just recently when one of the most respected conservative judges on the bench, Richard Posner of the US Court of Appeals for the Seventh Circuit in Chicago, wrote a blistering dissent on the legality of a Wisconsin voter ID law. “As there is no evidence that voter-impersonation fraud is a problem,” Posner declared, “how can the fact that a legislature says it’s a problem turn it into one? If the Wisconsin legislature says witches are a problem, shall Wisconsin courts be permitted to conduct witch trials?”
The real reason for the laws is to lower turnout, to hold onto power by keeping those who are in opposition from exercising their solemn right — to make it hard for minorities, poor folks, and students, among others, to participate in democracy’s most cherished act.
And you wonder why so many feel disconnected and disaffected? Forces in this country don’t want people to vote at the precise moment when turnout already is at a low, when what we really should be doing is making certain that young people are handed their voter registration card the moment they get a driver’s license, graduate from high school, arrive at college or register at Selective Service.
In a conversation for this week’s edition of Moyers & Company, The Nation magazine’s Ari Berman put it this way: “This is an example of trying to give the most powerful people in the country, the wealthiest, the most connected people, more power. Because the more people that vote, the less power the special interests have. If you can restrict the number of people who participate, it’s a lot easier to rig the political system.” And Sherrilyn Ifill, president of the NAACP Legal Defense and Educational Fund, noted, “For people who don’t have the power to engage in terms of money in the political process, the way we all become equal on Election Day is that we cast that ballot… [So] it’s not just about corporate interests. It is about power. And it is about trying to suppress the voice of those who are the most marginalized.”
So vote, dammit. It is, as President Lyndon Johnson said when he signed the Voting Rights Act, “the most powerful instrument ever devised by man for breaking down injustice.” But don’t stop there. Engage, and start the conversation of democracy where you live — in your apartment complex, on your block, in your neighborhood. There is always at least one kindred spirit within reach to launch the conversation. Build on it. Like the founders, launch a Committee of Correspondence and keep it active. Show up when your elected officials hold town meetings. Make a noise and don’t stop howling. Robert LaFollette said democracy is a life, and involves constant struggle. So be it.
By; Bill Moyers and Michael Winship; Moyers and Company, Bill Moyers Blog, October 24, 2014
“In Service Of Ideological Gain”: Chris Christie Just Exposed His Entire Party’s Deceitful Voter Suppression Plan
Every now and again a Republican state party operative or elected official will drop the ruse and admit that the purpose of state-level voter restrictions isn’t to curtail voter impersonation fraud or to cut election costs, but to keep the wrong kinds of people from voting.
Usually the admission is purely cynical, as when Pennsylvania’s House Majority Leader Mike Turzai said, “Voter ID … is gonna allow Governor Romney to win the state of Pennsylvania.” (It didn’t.) Other times it’s suffused with racism—the forefather of vote suppression—as when Don Yelton, then a Republican precinct chairman from North Carolina, appeared on “The Daily Show” last year to announce that “the law is going to kick the Democrats in the butt… If it hurts a bunch of lazy blacks that want the government to give them everything, so be it.”
Governors, senators and national operatives are better at keeping a lid on this kind of candor. But as evidence that voter fraud is a right-wing superstition mounts, alongside evidence that the GOP’s remedies measurably suppress the vote, savvier arguments for voting restrictions are reducing toward either naked appeals like Turzai’s and Yelton’s or toward a kind of post-modernist denial of objective reality in service of ideological gain.
“Would you rather have Rick Scott in Florida overseeing the voting mechanism, or Charlie Crist?” New Jersey Governor Chris Christie asked this week at a Chamber of Commerce event in Washington. “Would you rather have Scott Walker in Wisconsin overseeing the voting mechanism, or would you rather have Mary Burke? Who would you rather have in Ohio, John Kasich or Ed FitzGerald?”
Christie went on, “The fact is it doesn’t matter if you don’t really care what happens in these states, you’re going to care about who is running the state in November of 2016, what kind of political apparatus they’ve set up and what kind of governmental apparatus they’ve set up to ensure a full and fair election in 2016.”
By no coincidence, Republicans in each of those states have already imposed disenfranchising restrictions, which makes it clear that Christie sees these kinds of laws as an existential necessity, the key to Republican self-perpetuation. In Christie’s mind, American election outcomes are a direct function of partisan control of states. Republicans, who “oversee the voting mechanisms,” need to win so that they can continue to “oversee the voting mechanisms.” If they don’t win now, they’ll lose control of the voting mechanisms ahead of an election in which fundamentals will favor the Democrats, and be doomed.
There’s a blinkered and an unblinkered way to interpret such a view. The former—a more generous interpretation—is that Christie believes, against all evidence, that when Republicans lose control of the voting apparatus, fraud becomes rampant and cheaters swing elections to Democrats. The latter, to quote the Washington Monthly’s Ed Kilgore, is that Christie is “treating the right to vote as discretionary, depending on [his] party’s needs, which makes voter suppression just another day at the office”—that he believes Republicans must cheat to win now, so that they can live to cheat another day.
Neither of these readings flatters Christie. If the extent of voter fraud were an open question, Christie could make a real, but contestable case that GOP-backed voting restrictions yield election outcomes that more closely resemble the will of the voting public. But this is not an open question. What we know about voter fraud, and the right’s insistence on fighting it by limiting the franchise, makes its anti-fraud agenda a mirror image of its rejection of climate science. Republicans oppose the regulatory remedies to climate change, so they question its existence. They support the regulatory remedies to voter fraud, so they insist it exists.
In that way, voter fraud is the dark matter of Republican politics. Except that unlike dark matter, whose existence can be inferred from the way it tugs at the outer stars of our galaxy, the only way to infer that voter fraud swings elections to Democrats is to stipulate that Democratic victories are intrinsically aberrant.
This, again, is the charitable view. The simpler view is that Christie et al understand that voting restrictions suppress the Democratic vote, and see that as a feature rather than a bug. Either way, it suggests that conservatives will cling to the voter fraud myth, in the same way they cling to the myth that upper-bracket income tax cuts pay for themselves; or that they will posit the exact same voter suppression tactics as the solution to other problems, real or imagined.
Earlier this week, Vox’s Matthew Yglesias reprised his argument for building a movement to create a constitutional right to vote. The argument has three prongs. A Voting Rights Amendment would serve as a valuable organizing tool, until adopted; if adopted, it would flip the burden on Republicans, to demonstrate that their efforts to restrict voting don’t violate the Constitution; and it would be hard to defeat along the way, because the substantive and moral arguments for a Voting Rights Amendment are incontestable. Pair it with a national Election Day holiday, and Republicans would have a much harder time sculpting the electorate. The alternative is that Democrats will continue to expend tremendous energy and capital to beat back tactics Republicans are unlikely to abandon on their own.
By: Brian Beutler, The New Republic, October 22, 2014
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