“Yes, Mess With Texas”: To Ensure Fairness At The Polls, Southern States Still Require Scrutiny
Pro-tip: When you win a big court case giving you the go-ahead to suppress voter turnout for your political opponents, don’t gloat about it.
That is surely one of the lessons in the remarkable news that the U.S. Department of Justice is challenging new voting-rights laws in Texas and elsewhere even after the Supreme Court ruling that eviscerated the part of the Voting Rights Act that the feds had relied on for decades to challenge voting restrictions. What made the ruling especially galling was the celebration that followed from Republicans in states, including Texas, who immediately vowed to proceed with voting restrictions that had been challenged under the now-undermined part of the VRA.
The alacrity with which Texas, North Carolina and other states have rushed to take advantage of the ruling seriously weakened the sober conservative argument, from Chief Justice John Roberts and others, that Southern states no longer needed to be singled out for special scrutiny because they had long since left their discriminatory ways behind. And it all but invited Attorney General Eric Holder to take this new step, to announce that his department would still do everything in its power to ensure fairness at the polls.
This will of course be decried as executive overreach and an assault on checks and balances, but the case for declaring it such would be much easier to make if Texas and other states hadn’t been so gleeful in their rush to capitalize on the ruling. Texas takes the cake for the speed of its response, but North Carolina surely takes the prize for sheer brazenness: The legislation making its way through Raleigh is so extreme that it earned even a tut-tut from arch-conservative Wall Street Journal columnist Stephen Moore. The legislation will not only add a strict Voter ID requirement by the polls, but reduce early voting days from 17 to 10 (early voting has been used disproportionately by African-Americans in the state), prohibit counties from extending polling hours in extraordinary circumstances, like unusually long lines, and eliminate provisional ballots for voters who show up at the wrong precinct, among other changes. A separate bill seeks to give a tax penalty to parents whose dependent children register to vote somewhere in the state other than where the parents reside, a nifty way to discourage voting by college students.
What impact would the changes have? My colleague Nate Cohn, who has generally warned against over-reaction on voter suppression measures, ran the numbers and found that the Voter ID provision alone could swing enough votes to win the state for Republicans in a close statewide election—and that’s not accounting for the early voting cutbacks and other changes. The New York Times has declared North Carolina “first in voter suppression,” a judgment quoted approvingly by election-law expert Rick Hasen, also not one prone to overstatement.
Holder is now, essentially, using the giddy brazenness of the voting-restriction push in these states to justify federal challenges even in the wake of the Supreme Court ruling. Under the “pre-clearance” provision in Sections 4 and 5 of the Voting Rights Act that was eviscerated by the ruling, a whole swath of states and municipalities, mostly in the South, had to submit voting law changes to the feds for approval as a matter of course. Holder is now threatening to use a different part of the Voting Rights Act, Section 3, which allows the federal government to demand pre-clearance rights by “bail-in.” As the Times puts it, if “the department can show that given jurisdictions have committed constitutional violations, federal courts may impose federal oversight on those places in a piecemeal fashion.” In other words, if the states’ recent track record on voting rights is sufficiently egregious, they may still need federal approval.
That is not to say, though, that the Supreme Court ruling was not enormously consequential. It will be much harder for the federal government to press its case by the Section 3 route. And whether the DOJ decides to make the effort to move against states will depend even more on which party holds the White House. As South Carolina Governor Nikki Haley boasted when I saw her on the stump in Greenville with Mitt Romney in early 2012, whereas the Obama administration had challenged her state’s stringent new Voter ID law, “President Romney [will say] that’s our right.”
By: Alec MacGillis, Senior Editor, The New Republic, July 26, 2013
“You Expect Me To Read The Bill?: NC Governor Admits He “Doesn’t Know Enough” About The Voter Suppression Bill He’s About To Sign
North Carolina Gov. Pat McCrory (R) said Friday he would sign a bill passed by the North Carolina legislature that would become the most suppressive voting law in the nation. But when asked to speak about a provision in the bill that would prohibit 17-year-olds from registering in advance of their 18th birthday, McCrory admitted he “did not know enough” and had not read that portion of the bill.
The bill, passed just weeks after the U.S. Supreme Court gutted the Voting Rights Act and paved the way for new suppressive state laws, imposes a laundry list of new restrictions on access to the ballot, including eliminating same-day registration, cutting early voting, easing campaign contribution limits, and expanding the mechanisms for alleging voter fraud. In remarks saying he would sign the bill, McCrory focused on his support for the bill’s voter ID requirement — a particularly suppressive and discriminatory policy that McCrory has long supported. But when asked by an Associated Press reporter about another provision in the bill to limit new voter registration opportunities, McCrory said, “I don’t know enough. I’m sorry. I haven’t read that portion of the bill.”
McCrory also dodged questions about two other elements of the bill that restrict early voting and end same-day registration, choosing instead to tout new campaign contribution limits, and pointing to an amendment — added by Democrats — that would expand early voting hours to make up for the limited early voting days.
When a reporter repeated the original question, McCrory said same-day registration concerns him because of the “possibility for abuse.” He added: “There’s plenty of opportunity for voter registration — online, off-line, through many methods. I thought that was a fair system before, and I think it’s a fair system now.” The Associated Press pointed out that North Carolina has no online voter registration, although voters can download a form online and print it out
In the wake of the U.S. Supreme Court’s June decision that effectively disables federal oversight of states with a history of voting discrimination, states have raced to pass new restrictive voting laws. On Thursday, Attorney General Eric Holder said he would challenge a voter ID law in Texas under another provision of the VRA not affected by the Supreme Court’s ruling. Holder hinted he would pursue similar actions against other states with restrictive laws, saying, “This is the department’s first action to protect voting rights [after the Supreme Court’s ruling]. … But it will not be our last.”
By: Nicole Flatow, Think Progress, July 28, 2013
“Side Door To Voting Rights Pre-Clearance”: The Next Best Way To Enforce The Voting Rights Act
I mentioned this briefly at Lunch Buffet, but because the story will be with us for a while, let me quote from Lyle Denniston’s explanation at SCOTUSblog of Eric Holder’s strategy for re-establishing a preclearance requirement for states engaged in repetitive and egregious voting rights violations in the wake of the Supreme Court’s Shelby County v. Holder decision:
The preclearance provision is contained in Section 5 of the Voting Rights Act. It has been widely considered to be the government’s most effective legal weapon against race bias in elections, because it requires states and local governments with a past history of racial discimination in voting to get official permission in Washington before they may put into effect any change, however small, in voting laws or procedures.
The 1965 law provided two ways to impose a Section 5 obligation on a state or local government. One was a virtually automatic formula, contained in Section 4 of the law. If a state or local government had a sustained history of racial bias in its voting patterns in the past, that triggered a coverage formula that led directly to a Section 5 preclearance obligation. Preclearance can be sought either from the Justice Department or from a three-judge District Court in Washington.
The second way to get a state or local government put under a preclearance duty is the 1965 law’s Section 3 — the one that the Attorney General said the government will now be invoking. If a state or local government is found to have recently engaged in intentional race bias in voting, a court has the power to impose the preclearance duty on that jurisdiction for a set period of time. It is not an automatic method, in contrast to the coverage formula in Section 4.
While the Supreme Court in the Shelby County ruling did not disturb Section 5 and the preclearance requirement, it did strike down the Section 4 coverage formula. That has been the quickest and most effective way to lead to Section 5 preclearance. The Court’s majority ruled that the coverage formula was seriously out of date, and could no longer be used to trigger Section 5 for any state or local government anywhere in the country.
The Shelby County decision did not disturb Section 3 as a separate way to bring about a preclearance duty. That is why advocacy groups — and now the Obama administration — are turning to Section 3 as the next-best way to enforce the 1965 law through preclearance.
The immediate effort will be focused on Texas, thanks to past court findings of intentional discrimination. But challenges to new voting rules and districting decisions elsewhere–most notably those in North Carolina, which are setting a kind of Gold Standard for voter dilution and repression–could well be next, particularly if the Texas litigation is successful.
BTW, I’d like to note that Lyle Denniston is 81 years old. The clarity and comprehensiveness of Denniston’s writing gives this old goat hope for a journalistic second wind that lasts a while.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, July 25, 2013
“Anger, Frustration, Bewilderment”: From Rolling Stone To Salon, Where Are The Parent’s?
This is not a defense. This is, I hope, the beginning of a conversation.
I read Rich Benjamin’s latest piece for Salon where he suggests that Eric Holder is President Obama’s “Inner N-Word,” with the same anger, frustration and bewilderment as many others. In addition to salaciously dropping the N-word, Benjamin didn’t actually take up Obama’s speech or the many statements the president made in a meaningful way. Instead, he focused on the idea that Attorney General Eric Holder is the black man who says the things Obama can’t, Obama’s “repressed Black Id.” He forwarded the idea that Holder was “more black” (and more correctly black) than Obama because Holder always speaks his mind, most recently denouncing, vehemently, “Stand Your Ground” laws.
Worse yet, Benjamin suggested that the more correct or realer mode of blackness comes by way of aggression and anger, perpetuating the pervasive and damaging myth of the angry black man. His piece suggested that nuance is an ineffective strategy when discussing race. He went for the attention-getting gambit. I suspect he dashed off his piece only a short while after Obama spoke (as we often have to; I’ve been there and will be there again and am probably there now. I get it). There was a missed opportunity to more fully address the issue of the complexity of blackness or Obama’s burden of expectations when he addresses race.
As I followed various reactions on Twitter, I wrote my Salon editor, Anna North, because I wanted to know more about the editorial process. Later, I spoke on the phone with Salon’s interim editor-in-chief, David Daley, and we had a frank and lengthy conversation with about diversity and editorial/creative freedom.
But. Is Benjamin’s piece a writing problem or an editorial problem? In looking at the editorial staff of Salon, one thing is clear—there is little ethnic diversity. Let’s not pretend, however, that this is only a Salon problem. Most magazines, online and print, are utterly lacking in editorial diversity and demonstrate little interest in addressing the problem. I don’t need to name names; just pick a magazine.
Salon, like many publications, is stuck in a cultural vacuum where an editor can read Benjamin’s piece and publish it without any indication that there has been some consideration of the consequences, and, more importantly, of the message being sent. I cannot even be sure the editors understand why Benjamin’s piece is problematic though I do know they are absolutely aware there is a problem.
How do the magazines solve their masthead diversity problem? How does anyone solve this problem? The solutions are quite simple but reminders are clearly needed. Diversify the editorial staff, particularly at senior levels. Hire a person of color as an editor at large — but don’t expect them or any contributor of color on the site to be the token person for matters of race. We can and do want to write on a range of subjects. Create consistent contributor diversity that goes well beyond black writers. Create strong and consistently maintained content partnerships with publications that cater, specifically, to diverse populations. Make sure diversity is an ongoing priority among the current editorial staff in quantifiable ways.
Be more intersectional, creating an environment that produces a range of perspectives on race, gender, class, sexuality, and political thought. There can be no genuine intellectual diversity without intersectional thought and action. Fostering diversity requires both big and small efforts. Fostering a truly diverse environment takes time. Often, it also takes money. Either you will walk the walk or you’ll simply talk about how diversity is a good idea.
Would a black editor have prevented Benjamin’s piece from being published without rigorous questions? We cannot possibly know.
Blackness is not monolithic. The reaction to Benjamin’s piece certainly speaks to that. But because blackness is not monolithic, black editorial insight cannot be predicted. It is problematic to suggest that a black editor is all it would take to prevent a piece like Benjamin’s from being published, that a black editor would save the day with his or her cape and magic black editorial pen. We have to think about what we’re actually saying to suggest this. Rich Benjamin needs to check himself, but he may not be the only one who needs to do so.
By: Roxanne Gay, Salon, July 20, 2013
“Trayvon Martin Could’ve Been Me”: A Difficult Journey To Becoming A More Perfect Union, Not A Perfect Union, A More Perfect Union
Last weekend, not long after the jury delivered its verdict in the George Zimmerman trial, President Obama issued a written statement, urging all Americans to “respect the call for calm reflection from two parents who lost their young son.” Today, however, the president made an unexpected appearance at the White House press briefing room to speak to the issue in more detail.
For those who can’t watch the video, this was a rather remarkable moment for the nation’s first African-American president, who reflected on the story and race in America with an eloquence that has sometimes been lacking of late.
President Barack Obama emerged Friday to give voice to African Americans’ reaction to last weekend’s verdict in the George Zimmerman case, saying that Trayvon Martin “could have been me 35 years ago.”
He also suggested that the outcome of the case could have been different if Martin were white. “If a white male teen would have been involved in this scenario,” he said, “both the outcome and the aftermath might have been different.”
Obama went on to reflect on his own experiences as a black man, drawing scrutiny in department stores, hearing car-door clicks as he walked down sidewalks, and seeing women clutch their purses nervously with him in an elevator. “The African-American community is looking at this through a set of experiences and history that doesn’t go away,” he said.
Obama also broached the subject of “racial disparities in the application of our criminal laws” — including the death penalty and drug laws — which generally is left out of our public conversation.
But perhaps most provocatively, the president reflected on an imaginary scenario. “If Trayvon Martin was of age and was armed, could he have stood his ground on that sidewalk?” Obama asked. “If the answer to that question is at least ambiguous, then it seems to me that we should examine those laws.”
It was a rather remarkable display. A transcript of the remarks is below.
The president said the following:
I wanted to come out here, first of all, to tell you that Jay is prepared for all your questions and is very much looking forward to the session. The second thing is I want to let you know that over the next couple of weeks, there’s going to obviously be a whole range of issues — immigration, economics, et cetera — we’ll try to arrange a fuller press conference to address your questions.
The reason I actually wanted to come out today is not to take questions, but to speak to an issue that obviously has gotten a lot of attention over the course of the last week — the issue of the Trayvon Martin ruling. I gave a preliminary statement right after the ruling on Sunday. But watching the debate over the course of the last week, I thought it might be useful for me to expand on my thoughts a little bit.
First of all, I want to make sure that, once again, I send my thoughts and prayers, as well as Michelle’s, to the family of Trayvon Martin, and to remark on the incredible grace and dignity with which they’ve dealt with the entire situation. I can only imagine what they’re going through, and it’s remarkable how they’ve handled it.
The second thing I want to say is to reiterate what I said on Sunday, which is there’s going to be a lot of arguments about the legal issues in the case — I’ll let all the legal analysts and talking heads address those issues. The judge conducted the trial in a professional manner. The prosecution and the defense made their arguments. The juries were properly instructed that in a case such as this reasonable doubt was relevant, and they rendered a verdict. And once the jury has spoken, that’s how our system works. But I did want to just talk a little bit about context and how people have responded to it and how people are feeling.
You know, when Trayvon Martin was first shot I said that this could have been my son. Another way of saying that is Trayvon Martin could have been me 35 years ago. And when you think about why, in the African American community at least, there’s a lot of pain around what happened here, I think it’s important to recognize that the African American community is looking at this issue through a set of experiences and a history that doesn’t go away.
There are very few African American men in this country who haven’t had the experience of being followed when they were shopping in a department store. That includes me. There are very few African American men who haven’t had the experience of walking across the street and hearing the locks click on the doors of cars. That happens to me — at least before I was a senator. There are very few African Americans who haven’t had the experience of getting on an elevator and a woman clutching her purse nervously and holding her breath until she had a chance to get off. That happens often.
And I don’t want to exaggerate this, but those sets of experiences inform how the African American community interprets what happened one night in Florida. And it’s inescapable for people to bring those experiences to bear. The African American community is also knowledgeable that there is a history of racial disparities in the application of our criminal laws — everything from the death penalty to enforcement of our drug laws. And that ends up having an impact in terms of how people interpret the case.
Now, this isn’t to say that the African American community is naïve about the fact that African American young men are disproportionately involved in the criminal justice system; that they’re disproportionately both victims and perpetrators of violence. It’s not to make excuses for that fact — although black folks do interpret the reasons for that in a historical context. They understand that some of the violence that takes place in poor black neighborhoods around the country is born out of a very violent past in this country, and that the poverty and dysfunction that we see in those communities can be traced to a very difficult history.
And so the fact that sometimes that’s unacknowledged adds to the frustration. And the fact that a lot of African American boys are painted with a broad brush and the excuse is given, well, there are these statistics out there that show that African American boys are more violent — using that as an excuse to then see sons treated differently causes pain.
I think the African American community is also not naïve in understanding that, statistically, somebody like Trayvon Martin was statistically more likely to be shot by a peer than he was by somebody else. So folks understand the challenges that exist for African American boys. But they get frustrated, I think, if they feel that there’s no context for it and that context is being denied. And that all contributes I think to a sense that if a white male teen was involved in the same kind of scenario, that, from top to bottom, both the outcome and the aftermath might have been different.
Now, the question for me at least, and I think for a lot of folks, is where do we take this? How do we learn some lessons from this and move in a positive direction? I think it’s understandable that there have been demonstrations and vigils and protests, and some of that stuff is just going to have to work its way through, as long as it remains nonviolent. If I see any violence, then I will remind folks that that dishonors what happened to Trayvon Martin and his family. But beyond protests or vigils, the question is, are there some concrete things that we might be able to do.
I know that Eric Holder is reviewing what happened down there, but I think it’s important for people to have some clear expectations here. Traditionally, these are issues of state and local government, the criminal code. And law enforcement is traditionally done at the state and local levels, not at the federal levels.
That doesn’t mean, though, that as a nation we can’t do some things that I think would be productive. So let me just give a couple of specifics that I’m still bouncing around with my staff, so we’re not rolling out some five-point plan, but some areas where I think all of us could potentially focus.
Number one, precisely because law enforcement is often determined at the state and local level, I think it would be productive for the Justice Department, governors, mayors to work with law enforcement about training at the state and local levels in order to reduce the kind of mistrust in the system that sometimes currently exists.
When I was in Illinois, I passed racial profiling legislation, and it actually did just two simple things. One, it collected data on traffic stops and the race of the person who was stopped. But the other thing was it resourced us training police departments across the state on how to think about potential racial bias and ways to further professionalize what they were doing.
And initially, the police departments across the state were resistant, but actually they came to recognize that if it was done in a fair, straightforward way that it would allow them to do their jobs better and communities would have more confidence in them and, in turn, be more helpful in applying the law. And obviously, law enforcement has got a very tough job.
So that’s one area where I think there are a lot of resources and best practices that could be brought to bear if state and local governments are receptive. And I think a lot of them would be. And let’s figure out are there ways for us to push out that kind of training.
Along the same lines, I think it would be useful for us to examine some state and local laws to see if it — if they are designed in such a way that they may encourage the kinds of altercations and confrontations and tragedies that we saw in the Florida case, rather than diffuse potential altercations.
I know that there’s been commentary about the fact that the “stand your ground” laws in Florida were not used as a defense in the case. On the other hand, if we’re sending a message as a society in our communities that someone who is armed potentially has the right to use those firearms even if there’s a way for them to exit from a situation, is that really going to be contributing to the kind of peace and security and order that we’d like to see?
And for those who resist that idea that we should think about something like these “stand your ground” laws, I’d just ask people to consider, if Trayvon Martin was of age and armed, could he have stood his ground on that sidewalk? And do we actually think that he would have been justified in shooting Mr. Zimmerman who had followed him in a car because he felt threatened? And if the answer to that question is at least ambiguous, then it seems to me that we might want to examine those kinds of laws.
Number three — and this is a long-term project — we need to spend some time in thinking about how do we bolster and reinforce our African American boys. And this is something that Michelle and I talk a lot about. There are a lot of kids out there who need help who are getting a lot of negative reinforcement. And is there more that we can do to give them the sense that their country cares about them and values them and is willing to invest in them?
I’m not naïve about the prospects of some grand, new federal program. I’m not sure that that’s what we’re talking about here. But I do recognize that as President, I’ve got some convening power, and there are a lot of good programs that are being done across the country on this front. And for us to be able to gather together business leaders and local elected officials and clergy and celebrities and athletes, and figure out how are we doing a better job helping young African American men feel that they’re a full part of this society and that they’ve got pathways and avenues to succeed — I think that would be a pretty good outcome from what was obviously a tragic situation. And we’re going to spend some time working on that and thinking about that.
And then, finally, I think it’s going to be important for all of us to do some soul-searching. There has been talk about should we convene a conversation on race. I haven’t seen that be particularly productive when politicians try to organize conversations. They end up being stilted and politicized, and folks are locked into the positions they already have. On the other hand, in families and churches and workplaces, there’s the possibility that people are a little bit more honest, and at least you ask yourself your own questions about, am I wringing as much bias out of myself as I can? Am I judging people as much as I can, based on not the color of their skin, but the content of their character? That would, I think, be an appropriate exercise in the wake of this tragedy.
And let me just leave you with a final thought that, as difficult and challenging as this whole episode has been for a lot of people, I don’t want us to lose sight that things are getting better. Each successive generation seems to be making progress in changing attitudes when it comes to race. It doesn’t mean we’re in a post-racial society. It doesn’t mean that racism is eliminated. But when I talk to Malia and Sasha, and I listen to their friends and I seem them interact, they’re better than we are — they’re better than we were — on these issues. And that’s true in every community that I’ve visited all across the country.
And so we have to be vigilant and we have to work on these issues. And those of us in authority should be doing everything we can to encourage the better angels of our nature, as opposed to using these episodes to heighten divisions. But we should also have confidence that kids these days, I think, have more sense than we did back then, and certainly more than our parents did or our grandparents did; and that along this long, difficult journey, we’re becoming a more perfect union — not a perfect union, but a more perfect union.
By: Steve Benen, The Maddow Blog, July 19, 2013
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