“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
“Politics Overwhelming Policy”: It’s Good Politics To Oppose The Black Guy In The White House
There’s a growing number of Republican-run states accepting Medicaid expansion under the Affordable Care Act, at least at the gubernatorial level, but South Carolina isn’t one of them. Gov. Nikki Haley (R) ruled out the possibility months ago, despite the pleas of South Carolina hospital administrators and public-health officials.
In fact, physicians in South Carolina are still hoping to change the state’s policy against Medicaid expansion, lobbying legislators this week on a White Coat Day organized by the South Carolina Hospital Association. Will it succeed? Consider the take of one insider.
Rep. Kris Crawford, a Republican from Florence and also an emergency room doctor, supports the expansion but expects the Republican caucus to vote as a block against the Medicaid expansion.
“The politics are going to overwhelm the policy. It is good politics to oppose the black guy in the White House right now, especially for the Republican Party,” Crawford said.
As it turns out, “the politics” were so successful in “overwhelming the policy” that Crawford himself voted against the policy he said he supports.
Kris Crawford, a Florence emergency room doctor, says he thinks South Carolina should accept billions of federal dollars to help pay the health care costs for poor people — also known as Obamacare.
There are only two problems: Crawford is a Republican, and he is a member of the state House of Representatives. So on Tuesday, when it was time to vote on whether to accept the money, Crawford voted not to accept it.
For what it’s worth, Crawford still supports Medicaid expansion as part of “Obamacare,” and regrets the way his party is concerned more about the “political argument” than the “policy discussion.”
So why did he vote with his party? Crawford cited procedural concerns, and wants the issue to be considered outside the state budget process. He intends to propose separate legislation later this year.
By: Steve Benen, The Maddow Blog, March 14, 2013
“Daring The Sick And Needy”: Time to Protest Against Republican Governors For Shameful Threats
Greg Sargent reports on the decision of five Republican governors to screw impoverished and working people out of the health care they are supposed to get from Medicaid under the Affordable Care Act. As Sargent explains:
Iowa governor Terry Branstad has now become the fifth GOP governor to vow that his state will not opt in to the Medicaid expansion in the wake of the Supreme Court ruling. He joins the ranks of Louisiana’s Bobby Jindal, Florida’s Rick Scott, South Carolina’s Nikki Haley, and Wisconsin’s Scott Walker.It’s worth keeping a running tally of how many people could go without insurance that would otherwise be covered under Obamacare if these GOP governors make good on their threat.
The latest rough total: Nearly one and a half million people.
…And counting. Sargent rolls out the breakdown estimates for the five states, with Florida leading the pack with more than 683,000 citizens at risk by Governor Scott’s threat. Sargent adds,
Of course, it’s still unclear whether these governors will go through with their threats. David Dayen and Ed Kilgore have both been making good cases that they will. As Dayen and Kilgore both note, some of these GOP governors are relying on objections to the cost of the program to the states — even though the federal government covers 100% of the program for the first three years and it remains a good deal beyond — to mask ideological reasons for opting out…Dayen rightly notes that the media will probably fail to sufficiently untangle the cover stories these governors are using.
If there is a silver lining behind the shameful threats of the five Republican governors, it is that there is a good chance that their actions will provoke mass demonstrations in at least some of their states, hopefully right in front of the gubernatorial mansions, where possible. And wouldn’t it be justice, if those demonstrations were lead by people with serious health problems, bringing along their oxygen tanks, wheelchairs, dialysis machines and other health care devices, joined by nurses and hospital workers in uniforms for exactly the kind of photo ops these governors don’t want?
Perhaps the key player in mobilizing mass demonstrations against the Republican Medicaid-bashers would be the nurses unions, which did such an outstanding job of making former Governor Schwarzenegger eat crow in CA over staffing ratios in hospitals.
In a way, the five governors are daring sick and needy people to protest against being targeted for health hardships. Given the large numbers of those threatened in these states, it’s an arrogant dare they may regret very soon — as well as on November 6.
By: J. P. Green, Democratic Strategist, July 3, 2012