“The Past Isn’t Dead, It Isn’t Even Past”: Can Republicans Do The Right Thing On The Voting Rights Act?
Now that the Supreme Court has severely weakened the Voting Rights Act, the president and Senate Democrats must revise it to restore its power to protect minority voters. The critical question is: What will the Republicans do?
As the Republican House leaders consider the way forward, they would do well to consider the decisions of the past two generations of top Republican legislators, without whom the Voting Rights Act would never have existed.
Most students of history know that President Lyndon Johnson’s mastery of the legislative process – and his huge Democratic majorities – were key to the bill’s original passage. But few know that the final bill was written in the office of the Republican minority leader, Everett McKinley Dirksen of Illinois.
President Lyndon Johnson feared a Southern filibuster might defeat the bill. To prevent a filibuster, two-thirds of the Senate would have to move the bill to a final vote, and achieving this would require Republican votes. So Johnson turned to Dirksen. “…[ Y]ou come with me on this bill,” Johnson told him, “and two hundred years from now school children will know only two names: Abraham Lincoln and Everett Dirksen.”
At first, Dirksen was reluctant, but when peaceful demonstrators were viciously attacked by Alabama state troopers and vigilantes on what became known as Bloody Sunday, he was enraged.
Now, he told associates, he was willing to accept “revolutionary” legislation. He began to work privately with administration officials to fine tune the bill. In meetings to draft the bill, Dirksen always sat next to acting Attorney General Nicholas Katzenbach, leaving no doubt who was in charge. Later some would call the legislation the “Dirksenbach bill.” Dirksen cosponsored the bill, defended it in floor fights with Southern opponents, and delivered the Republican votes to end debate.
Similarly, when the Voting Rights Act faced procedural death in the Senate Judiciary Committee during its 1982 reauthorization, Republican Senator Bob Dole broke the logjam. “The works around here get gummed up pretty easily,” he later said. Wishing to broaden the Republican Party to include blacks and Hispanics, Dole met privately with Democratic supporters of the bill and civil rights lawyers in order to fashion a compromise, which included extending Section 5, the bill’s preclearance provision, for twenty-five years. It was signed into law by President Ronald Reagan.
It is hard to see John Boehner, the current Republican Speaker of the House, or Mitch McConnell, the Senate Republican Leader, playing similar roles. Both voted for extending the act in 2006 when it was enthusiastically signed into law by President George W. Bush, but now their party has changed.
In 2010, the Tea Party movement rose to power, sweeping away moderates and even old-school conservatives in primaries, on the way to helping Republicans win control of the House of Representatives and both legislative bodies and governorships in 26 states. Many in the Tea Party believed that President Barack Obama owed his election to massive voter fraud, despite all evidence to the contrary. Quickly, Republicans began passing a series of laws they felt would increase the integrity of elections, but that served mainly to make voting more difficult for many of President Obama’s core supporters: African Americans, Hispanics and Asian Americans; the poor; students; and the elderly or handicapped. These included the creation of voter photo-ID laws, measures restricting registration and early voting, and laws to prevent ex-felons from exercising their franchise.
It is hard to tell what impact these state laws have had so far, in part because many of the worst of them were overturned, thanks to litigation brought by the Justice Department, the NAACP and others under the Voting Rights Act. But now the act’s power has been substantially curtailed by the Supreme Court, and many Tea Party Republicans and fellow travelers are less likely to want to restore the act than to put in place more restrictions to secure the vote even if (perhaps especially if) they mean some eligible citizens will be disenfranchised.
Republican reactions to the Court’s evisceration of the Voting Rights Act are not encouraging. House Majority Leader Eric Cantor, who attended the commemoration of Bloody Sunday in Selma last March, did call for bipartisan action to reform the act, but it appears that demography means destiny. The Republican Party now represents the white minority voter, many of whom sat out the 2012 presidential election. Reaching out to African Americans, and especially to Hispanics, is counterproductive, insists long time conservative activist, Phyllis Schafly. “There’s not the slightest bit of evidence that [Hispanics] will vote Republican,” she noted in May.”The people the Republicans should reach out to are the white voters…who did didn’t vote in the last election and there are millions of them.”
If present trends continue, a number of Republicans will obstruct any new efforts to strengthen and restore the Voting Rights Act in Congress. In doing so, they will be acting less like Dole, Dirksen, Reagan and Bush, and more, in an epic role reversal, like the Southern Democratic white hard core who opposed civil rights and voting rights in the 1950s and 1960s. Sadly, the congressional battles fought then look likely to be repeated in years to come. William Faulkner was right: “The past isn’t dead,” he once wrote. “It isn’t even past.”
By: Gary May, Salon, June 29, 2013
“Investigate Darrell Issa”: Or How To Apply The Chairman’s Own Methods And Style To Him
Among the many reasons that Americans hold the House of Representatives in low repute – at historically abysmal levels, in fact – is the blatantly partisan and ideological misconduct of so many committee chairs. Without any evident embarrassment these mighty politicians deny science, defy mathematics, and dismiss every fact that contradicts their prejudices. But bad as these chairs tend to be, none is quite as flamboyantly awful as Rep. Darrell Issa, chairman of the Government Oversight Committee, a special investigative panel whose latest effort to conjure scandal from nothingness at the Internal Revenue Service would provoke his removal by a responsible leadership.
As we have pointed out repeatedly in these pages, and as testimony by the IRS inspector general has since confirmed, it is now clear that right-wing groups were not targeted for exceptional scrutiny. Moreover, there was no political motive in the agency’s treatment of the Tea Party and associated groups seeking tax exemption (in many cases illegitimately).
It is now equally obvious that the behavior of Issa himself, with his attempts to skew his committee’s investigation and conceal testimony that exonerated the agency, represents the most serious wrongdoing in the supposed “IRS scandal.” But this isn’t the first time that the California Republican, who happens to be the wealthiest man in Congress, has misused the broad powers of his chairmanship. Actually, that is all he does – as he demonstrated in equally opportunistic and amateurish examinations of both the Benghazi tragedy and the “Fast and Furious” affair.
Issa’s stewardship of the House Government Reform Committee has failed even by the standards of the Republican congressional leadership, which must have hoped that he would have collected some Obama administration scalps by now. He delayed the Fast and Furious probe solely to extend it into the election year, blustered against Attorney General Eric Holder, and accomplished…nothing.
There is little hope that Speaker John Boehner, who has enough problems maintaining a semblance of authority and dignity, will question Issa’s fitness to chair this important committee. But still we are left wondering: What would become of Issa if he were subjected to the Republican style of investigation? What if the presumption of guilt, the preference for insinuation over evidence, the omission of exculpatory facts, and the promulgation of conspiratorial speculations that feature in all of Issa’s theatrical probes were applied to him?
As the richest member of Congress, Issa seems to enjoy the same veneer of respectability that great wealth has provided to many dubious figures. But his past includes several troubling encounters with law enforcement, from alleged car thefts to weapons offenses. So what would the public learn from an Issa-style investigation of Darrell Issa?
First, the committee chair would reveal the troubling findings about Issa, namely that he was arrested not once but twice for illegal weapons offenses. Worse yet, he would explain, Issa had been convicted the second time. Then he would release slightly redacted copies of court records on file in Cleveland Heights, Ohio, where Issa grew up, showing an arrest, charges of auto theft and carrying a concealed weapon only one month after his discharge from the Army in the winter of 1972. Those same records would also reveal that Issa and an older brother were both suspects in the theft of a “new red Maserati sports car” from an auto dealership, and that Issa was eventually indicted for larceny.
And then the committee might leak a second, even more damaging set of records showing that Issa had been picked up several months later on another weapons charge in Michigan, where he attended college. Police arrested him for possession of an unregistered handgun, leading ultimately to his conviction.
What we might not learn – at least not until the facts were excavated by less partisan probers – is that Issa was only 19 years old at the time; that the first set of charges in Ohio was eventually dropped by prosecutors; and that the Michigan charge was a misdemeanor, punishable by a $100 fine. Which young Issa paid.
Yet whatever Issa did as a foolish kid could be made to look quite sinister by a congressional committee chair like him, dedicated to trumping up minor irritations into major scandals. How fortunate he is that nobody in authority has ever misused the investigative power to smear him – and that those currently in authority over him have no appetite for reining in his abuses of that power.
By: Joe Conason, The National Memo, June 29, 2013
“John Boehner’s Dilemma”: Your Choice Mr. Speaker, Tea Party Uprising Or Latino Uprising
On immigration, Speaker John Boehner is caught between two unpleasant possibilities: A Tea Party uprising or a Latino uprising. Eventually, he’s going to have to choose which presents a bigger risk to his party.
So far, all of his rhetoric and body language suggests he is trying to protect his House Republican caucus from a Tea Party uprising that would take out incumbents in Republican primaries, and perhaps himself from a challenge to his speakership.
Even though the Senate passed landmark immigration reform with a supermajority of 68 votes, Speaker Boehner is refusing to bring the Senate bill to the House floor. He is insisting the House pass its own legislation with “majority support of Republicans,” a needless standard designed to produce a far more right-wing bill than the Democratic-led Senate can tolerate, increasing the chances of a deadlocked House-Senate negotiation.
If it even gets that far. Considering how House Republicans recently failed to come together to pass a farm bill, it’s not a given the House can pass any immigration bill with Republican votes alone.
Failure to pass a final bill suits Tea Party Republicans just fine. But if Boehner buries a widely supported bipartisan Senate bill, the uprising he faces may be far worse.
On Sunday, Sen. Chuck Schumer (D-N.Y.) told CNN, “This has the potential of becoming the next major civil rights movement. I could envision in the late summer or early fall if Boehner tries to bottle the bill up or put something in without a path to citizenship … I could see a million people on the Mall in Washington.”
This is not idle musing. This has already happened.
In December 2005, the House passed legislation that would turn undocumented workers into felons. A wave of mass protests by Latinos swept the country the following spring, lasting for three months. Half a million poured into the streets of Los Angeles, and 400,000 marched in downtown Chicago. Seeing the strength of the Latino vote, the Senate quickly backed off of the House approach and in May 2006 passed an immigration bill providing a pathway to citizenship for the undocumented.
Neither the House nor Senate bills became law. But back in 2006, with conservative Republicans controlling both chambers, gridlock was a win for the protesters. Today, with immigration advocates so close to winning historic reform, gridlock would be a devastating blow.
And if the highest-ranking Republican in the country was the clear roadblock, the Republican Party in general would be on the receiving end of visceral hatred, most likely voiced once again in the streets.
A wave of protests targeting Republicans that matched or surpassed the level of street heat generated in 2006 would be devastating to the Republican Party’s attempts to win back the Latino votes that proved decisive to Barack Obama’s 2008 and 2012 victories. With the Latino share of the electorate continuing to rise — most ominously for Republicans, in their lone bastion of strength, the South — killing immigration reform could fast-track a demographic disaster that would condemn Republicans to minority status for a generation.
In the end, Boehner will have to decide which uprising he wants to face least: A Tea Party uprising that could spell personal defeats for himself and his friends, or a Latino uprising that could spell the end of the Republican Party.
If he takes the long view, he will recognize that his speakership won’t last for long if his party crumbles all around him.
By: Bill Scher, The Week, June 28, 2013
“So Much For Sacred Obligations”: It’s Open Season On Voting Rights Right Now In America
Immediately after the U.S. Supreme Court gutted the Voting Rights Act, it was hard not to wonder how long it would take for Republican state lawmakers to begin imposing new voting restrictions on Americans they don’t like. As it turns out, GOP policymakers were apparently already revving their engines, just waiting for the green light that came 24 hours ago.
MSNBC’s Benjy Sarlin noted that the Supreme Court’s majority said the Voting Rights Act “probably wasn’t a deterrent against new restrictions.” Sarlin added, “Oops.”
Quite right. Just yesterday, Republican state lawmakers in Georgia, Alabama, Mississippi, North Carolina, and Texas all moved forward, with great enthusiasm, on new election measures intended to make it harder for traditional Democratic voters to participate in their own democracy. It is, as Rachel noted on the show last night, “open season on voting rights right now in America,” thanks to the Republican-appointed justices on the U.S. Supreme Court.
Of course, the responsibility for “fixing” the Voting Rights Act is now in the hands of Congress, where one GOP leader was willing to say … something.
Earlier this year, [House Majority Leader Eric Cantor] participated in the congressional delegation that Rep. John Lewis, D-Ga., leads back to Selma, Ala., annually. That pilgrimage visits the sites of the civil rights movement, particularly one where, during a nonviolent demonstration, an explosion of police brutality erupted that left Lewis, then a young activist, with severe injuries.
“My experience with John Lewis in Selma earlier this year was a profound experience that demonstrated the fortitude it took to advance civil rights and ensure equal protection for all,” Cantor said. “I’m hopeful Congress will put politics aside, as we did on that trip, and find a reasonable path forward that ensures that the sacred obligation of voting in this country remains protected.”
That wouldn’t be especially noteworthy were it not for the fact that Cantor, to his credit, was literally the only member of the House congressional leadership — in either party — to issue a statement in response to the high court ruling. John Boehner, Mitch McConnell, and John Cornyn all said nothing.
Looking ahead, to put it mildly, this matters.
Indeed, why is it they were so reluctant to say anything at all? One of their colleagues was willing to explain the situation fairly accurately.
Most House Republicans were relatively subdued in the wake of the Supreme Court’s Tuesday decision to strike parts of the Voting Rights Act.
Conservative Arizona Rep. Trent Franks said that was no accident, but the result of a fear that their remarks would be interpreted as racism.
I suspect that’s a fair summary of the party’s fears, but I hope Republican lawmakers will consider the larger context. If they’re afraid of commenting for fear of looking racist, how do they suppose they’ll look when they reject efforts to “fix” the Voting Rights Act itself?
Boehner, McConnell, and company may not have a plan just yet, and they very likely would have preferred that the Supreme Court not drop this in their laps, but they’re going to have to come up with a strategy very soon.
And while they’re at it, I’d also encourage the Republican National Committee to think long and hard about voting rights in the coming months. Reince Priebus has been on a “listening tour” in recent months, making what appears to be a sincere effort to reach out to minority communities.
But whether the RNC realizes it or not, the party is in an untenable situation — Republicans can’t reach out to minority communities with one hand and wage a war on voting with the other, at least not if they expect their outreach efforts to be taken seriously.
Put it this way: if Republicans think they have a demographic problem now, imagine what it’ll look like after the party refuses to back a revamped Voting Rights Act.
No wonder Boehner and McConnell were feeling shy yesterday.
By: Steve Benen, The Maddow Blog, June 26, 2013
“What’s A Speaker To Do?”: The Farm Bill Failure Has Disastrous Implications For John Boehner
It’s hard to understate how much of a setback the farm bill’s surprise failure was for an already dysfunctional and divided House of Representatives.
It showed that House leadership doesn’t have a complete measure of the vote counts for even the most basic bills. It provided embarrassment all the way up to House Speaker John Boehner, who took the unusual step of publicly supporting the bill and voting for it. And it signaled possible turbulence ahead for other larger and higher-profile bills, such as one on the issue of immigration.
The debacle brings up fresh new questions about major legislation passing through the House. If Boehner can’t bring his conference together to move a farm bill through to a conference committee, what does it mean for immigration, debt ceiling, and government appropriations bills looming later this summer and fall?
The looming immigration fight, in particular, parallels the farm bill in many ways, though it could hypothetically have even more disastrous consequences for the Republican Party if it fails.
A similar version of a Senate farm bill that earned bipartisan support in a 66-27 vote failed to pass the House. Soon, an immigration bill that now looks likely to earn more than 70 bipartisan Senate votes could present Boehner with the same problem.
“The two are very different issues. However, the farm bill highlights how complicated things are here in the House,” one House GOP aide told Business Insider.
From here, the farm bill faces one of two likely fates — it could either face extinction, or House leadership could put a modified version on the floor. It’s unlikely, though, that a modified bill will come to the floor, considering that it would likely take more food-stamp cuts to earn Republican votes — something that would scare off Democrats. Most likely, a GOP aide said, a one-year extension will be passed, like both the House and Senate did last year.
A final version of any farm bill, even a one-year extension, will likely need a majority of Democrats to support its passage. The House last passed a farm bill extension as part of the bill to avert the fiscal cliff, which passed with a majority of Democrats supporting it. That overall bill required Boehner to break the Hastert Rule.
On immigration, Boehner will have an even narrower path to navigate. He has pledged to not allow a vote on a bill that does not garner majority support from Republicans. It’s clear that breaking that promise, however, is perhaps the only way a bill would pass through the House to become law — even if the Senate bill is watered down to earn more Republicans’ support.
Doing so would likely mean Boehner would face a revolt from conservative members of his caucus. Already, Rep. Dana Rohrabacher (R-Calif.) has warned him on his speakership.
One Democratic strategist, though, said Boehner might have to be willing to buck the majority of his caucus to do something he feels is necessary for the future of the party. The strategist pointed to comments from Sen. Lindsey Graham (R-S.C.) last weekend, who cautioned immigration reform was necessary to keep the GOP from falling into a “demographic death spiral.”
“He might have to decide between the short-term imperative of keeping his speakership,” the strategist said, “and the long-term imperative of the future of the Republican Party.”
By: Brett LoGiurato, Business Insider, June 21, 2013
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