“Protection Of Minority Voting Rights Is A Thing Of The Past”: SCOTUS Voting Rights Decision Hurls Nation Back To Its Tragic Past
In a 5-4 decision along the ideological lines one might expect, the Supreme Court today cut out the heart and soul of the Voting Rights Act of 1965.
While preserving the purpose and the intent of the momentous civil rights law—as set forth in Section 2 of the Voting Rights Act (“VRA”) which proclaims that no American can be denied the right to vote based on their race or gender—the Court struck down the sole method of enforcing the intent of the law. They accomplished this by declaring Section 4 of the Act, which sets forth the formula for determining which state and local governments must seek federal approval of any and all changes to their voting laws before placing the same into effect, to be unconstitutional.
Writing for the majority, Chief Justice Roberts stated,
“In 1965, the states could be divided into two groups: those with a recent history of voting tests and low voter registration and turnout, and those without those characteristics,” Chief Justice John G. Roberts Jr. wrote for the majority. “Congress based its coverage formula on that distinction. Today the nation is no longer divided along those lines, yet the Voting Rights Act continues to treat it as if it were.”
In other words, it is the opinion of the Court’s majority that the enforcement provisions of the Voting Rights Act worked so well that to continue enforcement under the existing scheme is unconstitutional.
The logic of the majority represents a tragic irony given that the ruling comes at a time when minority voting rights are, once again, under severe attack as state governments under GOP control seek to rig the game in an effort to overcome the demographic and racial shifts in the electorate. These changes dramatically improve the opportunities for Democrats to gain elected office—particularly when it comes to the presidency.
Indeed, it was the Voting Rights Act that was at the heart of successful efforts to stop states attempting to cut back on early voting hours and instituting voter identification laws that would have dramatically affected minority voter turnout during the 2012 election. Now, the opportunity to rely on the law to stop future efforts to curtail minority voting will have vanished in a 5-4 decision.
Not all that many years ago, I might have seen the logic in the majority’s opinion.
A review of registration and voting data in the state and local governments that have been—up until today—required to gain federal approval of their voting and registration laws before placing them into effect, revealed that major steps forward had taken place as a result of the 1965 law. Still, Congress saw fit to continue the formula set forth in Section 4 of the VRA when they renewed the law in 2006 without making changes to which states and local governments are affected—a Congressional decision that rests at the very heart of the Supreme Court majority’s displeasure.
The Court had previously warned Congress of what might come if they failed to make adjustments to the law based on recognizing the advancements made in states still subject to federal oversight. In 2009, the Supreme Court considered the constitutionality of the 2006 extension of the Voting Rights Act in Northwest Austin Municipal Utility District Number One v. Holder. In that case, the Court avoiding ruling on the central issue—the constitutionality of all or part of the VRA. However, the majority went out of their way to highlight their concern that Congress was relying on old data collected in 1974 when calculating which state and local governments would continue to be subject to federal approval of local voter laws.
Congress never got around to reviewing the law, based on the Supreme Court’s admonition, leading to today’s regressive decision.
At the time of the Municipal Utility decision, I saw some value in the Court’s approach. While it remained—and remains—essential that the VRA continue in full force and effect to protect the voting rights of all Americans, it made sense that data constantly be reviewed by Congress so as to grant more sovereign authority to states and local governments who may now adequately protect voting rights. But it remains equally as important that the federal government hold onto the opportunity to clamp down on these governmental units should they return to old habits.
But then came the efforts over the past few election cycles to suppress the vote of minorities in various states throughout the nation. In each instance, the drive to limit access to the polls came in states where the government was fully under the control of Republicans looking to improve the chances of electoral victory in the 2012 presidential election.
We all recall what happened in states like Florida, Pennsylvania and Ohio where difficult and unreasonable voter ID laws, or dramatically shortened early voting hours and other voting opportunities were suddenly legislated into existence.
The State of Texas—a state subject to the requirements of Section 4 of the Voting Rights Act—has now produced the most restrictive voter ID law in the country but has been unable to implement the law as the Feds have yet to approve it. The same is the case in Virginia where an onerous voter ID law has been signed by the Governor but held up pending federal approval as they too are subject to the enforcement provisions of the VRA.
Federal protections of minorities in these states are now a thing of the past. Indeed, the state of Texas has already announced that, based on today’s Supreme Court ruling, they no longer have to wait for federal approval of their voter ID law and that the law will go into effect immediately.
Seeing this happen makes it all too clear that many of these states have not changed their ways since the day President Lyndon Johnson signed the Voting Rights Act into law and that the only thing that has protected minorities in these states during the years following 1965 has been the very part of the Voting Rights Act that has now been invalidated.
The Supreme Court got it wrong. By not recognizing that the success of the Voting Rights Act enforcement provisions was based on the existence of the enforcement provisions, the Court has condemned the nation to relive some of the worst days and inequities in our history.
While today’s decision does leave the door open for Congress to take on the issue and re-craft Section 4 with an eye to current data, does anyone actually believe that this will happen with the GOP in control of the House of Representatives?
Not likely—or at least not likely until we have a federal government fully back in the hands of the Democratic Party.
For anyone out there who believes that midterm elections are not particularly exciting or worth your time, the stakes of the 2014 midterms just increased dramatically. The nation took a giant step backwards today—a misstep that can only be corrected by the return of the House of Representatives to Democratic control and retaining the Democratic majority in the Senate. As a result, while today’s Supreme Court decision makes this a very sad day in the advancement of the nation, it may be just the kick in the pants Americans require to get out of the house and down to the voting booth in November, 2014.
Let’s hope so.
A lot of Americans suffered a great deal—some making the ultimate sacrifice—to make the Voting Rights Act of 1965 a reality.
We should not let them down now.
By: Rick Ungar, Op-Ed Contributor, Forbes, June 25, 2013
“Well Shut My Mouth!”: Paula Deen Played With Fire And Got Burned
I take no pleasure from the trouble food “personality” Paula Deen got herself into this last week, culminating in her firing by the Food Network after she stumbled through efforts to save herself via heavily massaged apologies. I admit to have enjoyed a couple of her recipes over the years. And I usually found her over-the-top “Well Shut My Mouth” embodiment of outworn southern cultural stereotypes annoying rather than deeply offensive–just another Cracker playing the fool for the tourists, basically.
But as a Cracker myself, not that much younger than Deen, I know that she cannot plead ignorance or even innocence of the dynamite of the South’s racial history, and how perilously and inherently her own Old South shtick has skirted the thin line that separates the light side from the dark side of our heritage. The Southern Cooking Icon who occasionally forgets she needs to play error-free baseball when it comes to race is a lot like the southern white politicians who occasionally forget they represent African-Americans.
Paula Deen will do a lot to redeem herself if she refuses to let herself be used as a martyr to the cause of anti-anti-racism–a victim of “political correctness” and all that. The campaign is already developing:
Todd Starnes, who also hosts a Fox News Radio segment, wrote on his Facebook page that the “liberal, anti-South media is trying to crucify Paula Deen. They accuse her of using a derogatory word to describe a black person. Paula admitted she used the word — back in the 1980s – when a black guy walked into the bank, stuck a gun in her face and ordered her to hand over the cash. The national media failed to mention that part of the story. I’ll give credit to the Associated Press for telling the full story.”
Starnes also defended Deen via Twitter, writing: “The mainstream media hates Paula Deen […] I think it’s because most of them don’t eat meat.”
Oh good God. The multi-millionaire celebrity Paula Deen is hardly up there on the cross, and I can testify there’s at least one white southern carnivore–a biscuit eater as well–who thinks that those who work so hard to identify themselves with southern cultural stereotypes are courting controversy and disaster if they don’t watch their mouths. There are many, many southern white chefs and TV stars and book authors and even politicians who don’t set themselves up as regional paragons, yet also manage to steer clear of discrimination suits and admissions of casual, “innocent” racism. Paula Deen played with fire and got burned. She can best heal herself by refusing to be used by those who aren’t “innocent” at all.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, June 22, 2013
“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
“Norman Rockwell’s America Is Gone”: The Nation Should Welcome Darkening Demographic
Norman Rockwell is dead. So is his America.
If you find that declaration sad, or possibly slanderous, you probably have fond memories of “the way we were” during a supposedly kinder and gentler time before the civil rights movement, women’s lib and cellphones. If you don’t shed tears over that America, you may have grown up as I did — oppressed by the strictures of a social and political system that didn’t show much respect to those who were not white male Christians.
Either way, the overwhelmingly white nation that Rockwell depicted in his sentimental paintings is gone. (I intend no disrespect to Rockwell, whose portrait of 6-year-old Ruby Bridges integrating a New Orleans school stands out in civil rights iconography.) Just last week, new data from the U.S. Census Bureau confirmed a trend long in evidence: The nation continues, inexorably, to grow darker.
For the year ending July 1, 2012, deaths among non-Hispanic whites exceeded births, the Census Bureau reported. The majority of births in this country are now to blacks, Asians and Latinas.
That trend helps to explain the discomfort among older conservative voters with immigration, which has been the driver of the nation’s increasing diversity. They see the country in which they grew up, in which they held the political, social and economic power, slipping away, becoming a place with which they are unfamiliar. Their anxiety boils down to a misplaced fear that they will be strangers in their own land.
Their misapprehensions are stoked and amplified by the right-wing media axis, which has spent years defining undocumented workers as barbarians at the gate and all people of color as suspect. Even as support grows in mainstream America for legalizing undocumented immigrants, the pit bulls of the right continue to denounce any attempt at comprehensive immigration reform as an unjustified “amnesty” to lawbreakers.
Rich Lowry, editor of National Review, the magazine founded by William Buckley, says so. So does former South Carolina Sen. Jim DeMint, now head of the conservative Heritage Foundation.
Rush Limbaugh, as usual, doesn’t attempt subtlety as he argues that conservative voters would lose all political clout if undocumented immigrants gain citizenship: “There are legitimate fears that … Republicans/conservatives are gonna end up … outnumbered.”
If Limbaugh conflates conservatives with his listeners, he’s right. But they are dwindling, anyway. The Limbaugh audience, like the GOP primary voter, skews older. Looking toward voting patterns 10 to 20 years from now, Republican strategists have fretted over the party’s failure to appeal to younger voters.
One of the ways in which the GOP alienates younger Americans is with its harsh rhetoric and unwelcoming policies toward those who crossed the border illegally. According to a 2009 Washington Post/ABC News poll, 73 percent of Americans ages 18 to 29 support giving them a path toward legal status.
Younger Americans have grown up in a more diverse nation, so they are far less likely to see those with darker skin and different accents as a threat. But there are good reasons for older white Americans to welcome immigrants, too — whether or not they entered the country with legal documents.
Without them, the United States would be doomed to the kind of demographic “bust” that countries from Japan to Russia are experiencing, with birth rates so low that the population is not reproducing itself. That has all sorts of dire economic consequences.
For one thing, there aren’t enough younger workers to support all the retirees. Japan’s long-running economic malaise has several causes, but its aging population — exacerbated by its hostility to immigrants — is surely one of them.
Whatever the long-term problems with our Social Security and Medicare programs, they’d be far worse without the Latinos, Asians and Africans who have revitalized rundown neighborhoods, invigorated popular culture and shared in the American Dream. As Brookings Institution demographer William Frey told The New York Times, the new census figures make “more vivid than ever the fact that we will be reliant on younger minorities and immigrants for our future demographic and economic growth.”
Their vitality ought to be welcomed.
By: Cynthia Tucker, The National Memo, June 15, 2013
“Make Peace With God”: Embattled Federal Judge Called For Texas To Execute 8 To 12 Times As Many Inmates Per Year
According to a complaint filed last week against federal appellate Judge Edith Jones, Jones suggested that African-Americans and Hispanics are predisposed towards violent crime and that the death penalty is a public service because it allows inmates to “make peace with God.” Should these allegations against Judge Jones be proven, they will be only the latest examples of a career’s worth of nonchalance regarding executions. Indeed, as far back as 1990, a much younger Jones proposed a series of reforms to Texas’ execution procedures that would have increased that state’s execution rate by as much as twelve times.
In an article for the Texas Bar Journal entitled “Death Penalty Procedures: A Proposal for Reform,” which is available through the legal research service HeinOnline, Jones decries a capital punishment system in Texas which she views as too inefficient, in large part because judges delay executions by taking time to review death sentences to determine that they were lawfully handed down. Indeed, at one point Jones blames the slow rate of executions on “the frequent, human reaction of most judges . . . to defer a decision if any element of a case raises doubts, or to grant a temporary stay for further consideration.”
To speed along Texas’ ability to kill death row inmates, Jones proposes that Texas schedule “four to six executions per month, commencing six months to one year from the date” those execution dates are made public. Notably, in the five years prior to when Jones wrote this piece, Texas executed an average of just under six inmates per year, so the immediate impact of her proposal would have been to multiply the state’s execution rate eight to twelvefold.
It’s also worth noting that Texas’ execution rate did spike significantly in the years after Jones wrote this piece. Most significantly, during the four years after Congress passed the Antiterrorism and Effective Death Penalty Act of 1996, which limited the ability of death row inmates to challenge their sentences in federal court, Texas executed an average of 33 people per year. Nevertheless, in the modern era of American death penalty law, Texas has never executed the 48 to 72 people per year suggested by Jones’ piece. The deadliest year for Texas inmates was 2000, when 40 people were executed. 15 people were executed last year. Nevertheless, Jones concludes her list of proposals for expediting Texas’ executions by suggesting they could be viewed as “too lenient” because they would “take more than four years to conclude all the currently pending capital cases.”
A decade after publishing this proposal, Jones joined two opinions claiming that a man whose attorney slept through much of his trial could nonetheless be executed.
Even without Jones’ proposal for a wave of executions, Texas has a higher execution rate than any other state. More than one third of all U.S. executions took place in Texas since 1976, when the Supreme Court announced the modern constitutional regime governing death penalty cases.
By: Ian Millhiser, Think Progress, June 10, 2013
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