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“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

June 26, 2013 Posted by | Civil War, Voting Rights Act | , , , , , , , | Leave a comment

“Please Proceed SCOTUS”: Affirmative Action Has Helped White Women More Than Anyone Else

In the coming days, the U.S. Supreme Court is expected to rule in a potentially landmark case on the constitutionality of affirmative action. The original lawsuit was filed on behalf of Abigail Fisher, a woman who claims that she was denied admission to the University of Texas because she is white. But study after study shows that affirmative action helps white women as much or even more than it helps men and women of color. Ironically, Fisher is exactly the kind of person affirmative action helps the most in America today.

Originally, women weren’t even included in legislation attempting to level the playing field in education and employment. The first affirmative-action measure in America was an executive order signed by President Kennedy in 1961 requiring that federal contractors “take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin.” In 1967, President Johnson amended this, and a subsequent measure included sex, recognizing that women also faced many discriminatory barriers and hurdles to equal opportunity. Meanwhile, the Civil Rights Act of 1964 only included sex in the list of prohibited forms of discrimination because conservative opponents of the legislation hoped that including it would sway moderate members of Congress to withdraw their support for the bill. Still, in a nation where white women and black people were once considered property — not allowed to own property themselves and not allowed to vote — it was clear to all those who were seeking fairness and opportunity that both groups faced monumental obstacles.

While people of color, individually and as groups, have been helped by affirmative action in the subsequent years, data and studies suggest women — white women in particular — have benefited disproportionately. According to one study, in 1995, 6 million women, the majority of whom were white, had jobs they wouldn’t have otherwise held but for affirmative action.

Another study shows that women made greater gains in employment at companies that do business with the federal government, which are therefore subject to federal affirmative-action requirements, than in other companies — with female employment rising 15.2% at federal contractors but only 2.2% elsewhere. And the women working for federal-contractor companies also held higher positions and were paid better.

Even in the private sector, the advancements of white women eclipse those of people of color. After IBM established its own affirmative-action program, the numbers of women in management positions more than tripled in less than 10 years. Data from subsequent years show that the number of executives of color at IBM also grew, but not nearly at the same rate.

The successes of white women make a case not for abandoning affirmative action but for continuing it. As the numbers in the Senate and the Fortune 500 show, women still face barriers to equal participation in leadership roles. Of course, the case for continuing affirmative action for people of color is even greater. The median wealth of white households is 20 times that of black households. Researchers found that the same résumé for the same job application will get twice as many callbacks for interviews if the name on the résumé is Greg instead of Jamal. School districts spend more on predominantly white schools than predominantly black schools. The fact that black workers earn, on average, 35% less than white workers in the same job isn’t erased by the election of an African-American President — one who, by the way, openly praises the role of affirmative action in his life and accomplishments.

As for Fisher, there is ample evidence that she just wasn’t qualified to get into the University of Texas. After all, her grades weren’t that great, and the year she applied for the university, admissions there were actually more competitive than Harvard’s. In its court filings, the university has pointed out that even if Fisher received a point for race, she still wouldn’t have met the threshold for admissions. Yes, it is true that in the same year, the University of Texas made exceptions and admitted some students with lower grades and test scores than Fisher. Five of those students were black or Latino. Forty-two were white.

By: Sally Kohn, Time, June 17, 2013

June 22, 2013 Posted by | Supreme Court, Women | , , , , , , , | 1 Comment

“An Awful Crown Of Thorns”: Oppressed Christians And Second-Class Citizenship

With all this talk of gay people marrying one another, some people on the right are starting to bleat about how they’re being oppressed for their Christian beliefs—so oppressed, in fact, that they’re starting to feel like “second-class citizens.” Here’s CBN’s David Brody lamenting the sorrows of Kirk Cameron and Tim Tebow. Here’s Red State’s Erik Erikson predicting the coming pogrom (“Within a year or two we will see Christian schools attacked for refusing to admit students whose parents are gay. We will see churches suffer the loss of their tax exempt status for refusing to hold gay weddings. We will see private businesses shut down because they refuse to treat as legitimate that which perverts God’s own established plan.”). Here’s Fox News commentator Todd Starnes on the oppression that has already begun (“it’s as if we’re second-class citizens now because we support the traditional, Biblical definition of marriage”). And how is this second-class citizenship being thrust upon them back in the real world? Well, people are … strongly disagreeing with their position on an issue of public concern! It’s awful, I tell ya.

The impulse to jam that crown of thorns down on your head is a powerful one in politics. It means you’ve achieved the moral superiority of the victim, and the other side must be the victimizer. The problem is that these folks don’t seem to have much of a grasp on what second-class citizenship actually looks like. Last time I checked, nobody was forbidden to vote because they’re a Christian, or not allowed to eat in their choice of restaurants, or forced to use separate water fountains, or even be forbidden by the state to marry the person of their choice. That’s what second-class citizenship is. Having somebody on television call your views retrograde may not be fun, but it doesn’t make you a second-class citizen.

Of course, they say, “Just you wait.” But these fantasies of oppression are just that, fantasies. One of their favorite scare stories is that before you know it, Christian ministers are going to be hauled off to jail or have their churches lose their tax-exempt status if they refuse to marry gay people. Right, just like at the moment a Jewish synagogue will lose its tax-exempt status if the rabbi won’t preside over a Pentecostal wedding. And as for the florist who refuses to sell flowers to a gay couple, what he’s asking for is not a right but a privilege, the privilege to discriminate based on sexual orientation. It’s no different than if he refused to sell flowers to an interracial couple. But somehow, if he finds justification for that discriminatory practice in his faith, that’s supposed to make it a fundamental right.

I’m more than happy to admit that in certain circles, it’s more acceptable to be gay than to be an evangelical Christian. That’s what Chief Justice Roberts was getting at when he noted during the oral arguments about DOMA that “political figures are falling all over themselves” to endorse gay marriage, and thus gay people don’t qualify as a disfavored minority. But what we’re talking about here isn’t attendance at fashionable Upper West Side parties, it’s discrimination under the law. That’s what makes you a second-class citizen. It’s what gay people live with now, and it’s something that is never, ever going to happen to Christians, no matter how bad some of them may feel when people tell them they’re wrong.

 

By: Paul Waldman, Contributing Editor, The American Prospect, March 27, 2013

March 29, 2013 Posted by | Civil Rights | , , , , , , , , | Leave a comment

“Racial Entitlement?”: Trust Us Says The South, Just Like The Wifebeater Who Says He Has Seen The Error Of His Ways

One day, many years ago, I was working in my college bookstore when this guy walks in wearing a T-shirt. “White Power,” it said.

I was chatting with a friend, Cathy Duncan, and what happened next was as smooth as if we had rehearsed it. All at once, she’s sitting on my lap or I’m sitting on hers — I can’t remember which — and that white girl gives this black guy a peck on the lips. In a loud voice she asks, “So, what time should I expect you home for dinner, honey?”

Mr. White Power glares malice and retreats. Cathy and I fall over laughing.

Which tells you something about how those of us who came of age in the first post-civil-rights generation tended to view racism; we saw it as something we could dissipate with a laugh, a tired old thing that had bedeviled our parents, yes, but which we were beyond. We thought racism was over.

I’ve spent much of my life since then being disabused of that naivete. Watching media empires built upon appeals to racial resentment, seeing the injustice system wield mass incarceration as a weapon against black men, bearing witness as the first African-American president produced his long-form birth certificate, all helped me understand just how silly we were to believe bigotry was done.

So a chill crawled my spine last week as the Supreme Court heard arguments in a case that could result in gutting the Voting Rights Act. That landmark 1965 legislation gave the ballot to black voters who had previously been denied it by discriminatory laws, economic threats, violence and by registrars who challenged them with nonsense questions like, “How many bubbles are in a bar of soap?”

One of the act’s key provisions covers nine mostly Southern states and scores of municipalities with histories of such behavior. They must get federal approval before changing their voting procedures. The requirement may be stigmatizing, but it is hardly onerous.

Yet Shelby County, AL seeks the provision’s repeal, pronouncing itself cured of the attitudes that made it necessary. “The children of today’s Alabama are not racist and neither is their government,” wrote Alabama attorney general Luther Strange last week.

It was rather like hearing a wifebeater say he has seen the error of his ways and will no longer smack the missus around. Though you’re glad and all, you still hope the wife’s testimony will carry a little more weight in deciding whether the restraining order should be lifted.

But the Court’s conservatives seemed eager to believe, peppering the law’s defenders with skeptical questions. Indeed, Justice Antonin Scalia branded the law a “racial entitlement.”

Sit with that a moment. A law protecting the voting rights of a historically disenfranchised minority is a “racial entitlement”? Equality is a government program?

Lord, have mercy.

There is historical resonance here. In the 1870s, the South assured the federal government it could behave itself without oversight. The feds agreed to leave the region alone where race was concerned. The result: nearly a century of Jim Crow. Now here comes Shelby County, saying in effect: We’ve changed. Trust us.

It is an appeal that might have seemed persuasive back when I was young and naive, sitting on Cathy’s lap (or she on mine) and thinking race was over. But that was a long time ago.

Yes, the South has changed — largely because of the law Shelby County seeks to gut. Even so, attempts to dilute the black vote have hardly abated. We’ve just traded poll taxes and literacy tests for gerrymandering and Voter ID laws.

So we can ill afford to be as naive as a top Court conservative at the prospect of softening federal protection of African-American voting rights. “Trust us,” says the South. And the whole weight of history demands a simple question in response.

Why?

 

By: Leonard Pitts, Jr., The National Memo, March 3, 3013

March 5, 2013 Posted by | Civil Rights, Voting Rights | , , , , , , , | Leave a comment

“Vulnerability Of The Vote”: Insurance Against Racial Suppression Should Not Be On A Backwards Slide

An odd scene unfolded in Washington on Wednesday: as the president and leaders of Congress were dedicating a statue to Rosa Parks, the lifelong activist whose defiance on a Montgomery, Alabama, bus helped spark the Civil Rights Movement, across the street the Supreme Court heard oral arguments on one of the signature piece of civil rights legislation, the Voting Rights Act.

Specifically, the court heard the case of Shelby County v. Holder, in which that Alabama county seeks to overturn Section 5 of the Voting Rights Act, which was passed in 1965. That section requires states — and some municipalities — to get pre-clearance from the Justice Department or the District of Columbia federal court before making any changes to voting laws.

The fundamental question is whether states that have a history of voter suppression should forever have to live with the legacy of that past.

The problem with the law, in my mind, is that it should be expanded rather than struck down.

The Brennan Center for Justice at New York University maintains that “Section 5 is an essential and proven tool.” According to the center:

“Although progress has been made since the Voting Rights Act passed in 1965, voting discrimination still persists. Between 1982 and 2006 (when Congress overwhelmingly renewed the law), the Voting Rights Act blocked more than 1,000 proposed discriminatory voting changes. Without Section 5’s protection, these changes would have gone into effect and harmed minority voters.”

The center calls the passage of the Voting Rights Act “a reflection of the promise of our Constitution that all Americans would truly have the right to vote without facing discrimination, poll taxes, and other abuses,” and I wholeheartedly agree with that point of view.

The problem that the law may run into is that it’s too narrow.

In a 2009 ruling questioning the constitutionality of Section 5, Chief Justice John G. Roberts Jr. wrote:

“The evil that Section 5 is meant to address may no longer be concentrated in the jurisdictions singled out for preclearance. The statute’s coverage formula is based on data that is now more than 35 years old, and there is considerable evidence that it fails to account for current political conditions. For example, the racial gap in voter registration and turnout is lower in the States originally covered by Section 5 than it is nationwide.”

If the Voting Rights Act covered all states and not just some, Justice Roberts’s argument would be null. In fact, there is growing evidence that such a national requirement would be prudent. Many of the states that sought to install voter suppression laws leading up to last year’s election were in fact not covered by Section 5.

Roberts hammered this point home Wednesday during oral arguments, asking, “Is it the government’s submission that the citizens in the South are more racist than the citizens in the North?”

Seven of the nine states covered by Section 5 are in the south (Alabama, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia). The other two states are Arizona and Alaska. Some counties and townships are covered in other states.

The Southern states that Section 5 applies to span the Black Belt of the south, a region with the most glaring electoral abuses in the 1960s.

A November Pew Research Center report points out the obvious: blacks were the largest minority group in 1960, but that is no longer the case.

According to the report, blacks were 11 percent of the population, while Hispanics were 3.5 percent and Asians were .6 percent. Since then, the demographics of the country have changed dramatically. According to Pew, in 2011 blacks were 12 percent of the population, while Hispanics were 17 percent and Asians were 5 percent. And the numbers are projected to change even more. By 2050 Pew estimates that blacks will be only 13 percent of the population, while Hispanics will be 29 percent and Asians 9 percent.

To boot, Hispanics and Asians geographically dispersed differently than blacks.

We not only need to keep Section 5 in place, we also need to consider expanding it so that every voter has fair and equal access to the ballot. There are hurdles to achieving this goal, of course. The court might also find that it’s unconstitutional to broaden that section of the law, deeming it too onerous and an infringement on states’ rights — particularly those states that don’t have a demonstrable, endemic, systematic history of discrimination.

Still, it’s worth some thought.

During oral arguments, Justice Antonin Scalia went so far as to call Section 5 the “perpetuation of racial entitlement.” (That guy…) It’s not a racial entitlement, sir, but insurance against racial suppression.

In the president’s remarks at the statue dedication, he rightfully hedged his words. Instead of saying that because of people like Parks our children grow up in a land that is free and fair and true to its founding creed, he said that because of them it is “more free and more fair; a land truer to its founding creed.” (Emphasis mine.)

We’ve come a long way, but we’re not there yet, and the last thing we want or need now is to slide backward.

 

By: Charles M. Blow, Op-Ed Columnist, The New York Times, February 27, 2013

March 3, 2013 Posted by | Civil Rights, Voting Rights | , , , , , , , | 2 Comments