“Voter ID’s Last Stand”: Let’s Finally Declare Laws What They Are – Racist On Purpose
This week, the US Department of Justice and the state of Texas started arguments in the first of what will be a summer-long dance between the two authorities over voting rights. There are three suits being tried in two districts over gerrymandering and Texas’s voter identification law – both of which are said to be racially motivated. In its filing, the DoJ describes the law as “exceed[ing] the requirements imposed by any other state” at the time that it passed. If the DoJ can prove the arguments in its filing, it won’t just defeat an unjust law: it could put the fiction of “voter fraud” to rest once and for all.
These battles, plus parallel cases proceeding in North Carolina, hinge on proving that the states acted with explicitly exclusionary intent toward minority voters – a higher standard was necessary prior to the Supreme Court’s gutting of Section 3 of the Voting Rights Act (VRA) back in January. Under Section 3, the DoJ had wide latitude to look at possible consequences of voting regulation before they were even passed – the “preclearance” provision. Ironically, because the states held to preclearance had histories of racial discrimination, some of the messier aspects of the laws’ current intentions escaped comment.
But meeting that higher standard of explicit exclusionary intent comes with the opportunity to show some of the many skeptical Americans the ugly racism behind Republican appeals to “fairness” and warnings about fraud. Progressives have tried, and mostly failed, to show the institutional racism underpinning the sordid history behind voter ID laws; that may have been too subtle. In courts in Texas and North Carolina, the DoJ will make the jump from accusations that laws have a racial impact to straight-up calling voter ID laws racist.
This ought to be interesting.
The DoJ filing in Texas lays it all out pretty clearly, putting the voter ID law in context of a concerted legislative strategy to deny representation to the state’s growing Hispanic population, including Republicans advancing more and more aggressive voter ID bills over the years. The filing points to the anti-immigrant rhetoric that laced the floor debates over the law, and to the measures taken by the Republican-controlled state house to limit the participation of Democratic minority lawmakers in considering or amending the legislation (the bill was heard in front of a special committee selected by the governor, on an expedited schedule). And, the DoJ notes, lawmakers produced “virtually no evidence during or after enactment of SB 14 that in-person voter impersonation – the only form of election fraud addressed by the identification requirements of SB 14 – was a serious problem.”
Perhaps the most significant piece of context in the voter ID suit is how Texas’s voter ID law came on the heels of the redistricting that the DoJ claims was also racially motivated. In the redistricting cases, DoJ’s allegations of malicious intent have been helped along by the admission of the state that it had malicious political intent. The Texas attorney general, Greg Abbott, chose as his defense in that case what only can be called the Lesser Evil Strategy – stating up front that the state’s GOP legislators had ulterior motives, but not the ones that the VRA outlaws:
[R]edistricting decisions were designed to increase the Republican Party’s electoral prospects at the expense of the Democrats … [They] were motivated by partisan rather than racial considerations and the plaintiffs and DOJ have zero evidence to prove the contrary.
Abbott’s smugness – and his apparent faith in partisanship as a permissible and distinct form of discrimination – will take center stage as the DoJ presses on with both suits. In court, Abbott will be asked to prove his ignorance of demographics for the very state in which he is currently running for governor. Out of court, other GOP defenders of the law will have to do more or less the same. And they will need to defend the outrageous details of the law – such has how a concealed carry permit is a permissible form of voter ID but a federally-issued Medicare card carried by an elderly woman is not.
Some people of Texas may support the kind of bullying Abbott has prepared to defend, and most progressive activists are hardened to it, but I think average Americans hate it. Putting malice under a national spotlight might be the best way to turn people against voter ID laws in general.
Right now, Americans support the idea of voter ID laws by huge margins: polls show favorable attitudes toward a generic “ID requirement” to be between 70 and 80%. Approval exists across all demographic groups – even among black voters (51%), one of the groups that is, of course, disproportionately disenfranchised by these laws.
But the reasons that the public supports such laws aren’t the same as the GOP’s reasons for pursuing them: Republicans want to prevent specific types of people from voting; the American public wants voting to be fair. That’s why conservatives have had to hammer so hard on the false narrative of “voter fraud” – to convince everyone that it’s what the laws are really about.
Add context to the “ID requirement” poll question that Americans get behind, though, and public support changes dramatically. A survey in North Carolina (taken as the state was considering taking up an amendment on the issue) found initial support for voter ID to be 71%. Pollsters then drilled further down and came up with numbers that speak to a truly democratic impulse:
- 72% say it’s wrong to pass laws that make it harder for certain people to vote.
- 62% say they oppose a law that makes it harder for people of one party to vote.
- 74% say there should be demonstrated problems before legislators apply a fix.
If nothing else, these results suggests that Abbott’s argument that supposedly party-based redistricting isn’t the free pass – at least, from the public’s standpoint, if not the court’s – that he thinks it is.
In North Carolina, pollsters found that support for the law decreased as the 2012 election neared and voters started to pay attention and become educated on the issue. Voting rights advocates filled yet another suit based on disenfranchising young voters, which could make a further difference. (Way to keep pissing off millennials, GOP!)
That context effect is true nationwide. A different survey found that informing respondents that “Opponents of voters ID laws argue they can actually prevent people who are eligible to vote from voting” brought support for voter ID down by 12 points.
Pollsters have not publicly investigated whether Texan voters would show a similar shift, though it could be significant that support in the state for voter ID has remained at around 66% for the past two years, less than its support nationwide. Of course, 77% of Texas believe “voter ID laws are mainly used to prevent fraud,” an alternate-reality bubble that attention to these cases may just yet pop.
It’s the Department of Justice that’ll have to bring this to pass. The GOP has always easily waved away “systemic” racism charges, like those made under the non-gutted VRA, as either outright inventions or the result of looking for equal outcomes rather than equal opportunities. Making clear the racist intent of voter ID laws will bring the discussion back to where it belongs: on equal opportunities, in the voting booth.
By: Ana Marie Cox, The Guardian, July 16, 2014
“The Right’s Cynical Wordplay”: ‘Women’s Safety’ Means Absolutely Nothing Anymore!
The most direct consequence of Thursday’s Supreme Court ruling striking down Massachusetts’ buffer zone law is that the people working and accessing care at abortion clinics will be less safe. Lawmakers in Massachusetts and municipalities across the country with similar measures in place will now have to figure out — once again — how best to ensure that the people who need to enter and exit clinics can continue to do so without being harassed, threatened, harmed or worse by antiabortion protesters. There have been nearly 7,000 incidences of clinic violence since 1977; history teaches us that safety is never a given when walking through those doors.
The second thing that the opinion in McCullen v. Coakley reminds us is how empty — how absolutely devoid of meaning — the notion of “women’s safety” has become in politics. Hardly a week passes without some measure advancing through a state legislature that will have devastating consequences for women’s health, but these bills are nonetheless cloaked in the language of women’s safety. Put those words in front of almost any piece of legislation and it seems like most lawmakers just nod their heads.
Texas comes to mind. We’re one year out from Wendy Davis’ historic filibuster, and the status of access in the state has gone from bad to utterly catastrophic. Nearly half of Texas’ abortion clinics have closed since 2011; it is estimated that come September, there will only be six abortion providers left in the second most populous state in the nation. The Rio Grande Valley has lost its last remaining abortion clinic, and now women in the region must travel 300 miles round trip to access care, including routine services like mammograms, cancer screenings and birth control. A recent study found that 7 percent of women in Texas have attempted to self-induce abortion. The number jumps to 12 percent for women who live along the Mexican border, and it is expected to grow. Women who have the luxury of crossing border checkpoints without fearing deportation or worse have been traveling to flea markets in Mexico to buy drugs from unlicensed and unregulated vendors in order to terminate their pregnancies.
But state Rep. Jodi Laubenberg called the passage of HB 2 a victory for women’s safety. In reflecting on the year that was, she commented, “Authoring and passing House Bill 2 was one of the most rewarding and challenging accomplishments of my legislative service. […] It was worth it. I will continue to fight for both the safety of Texas women and the pre-born.” Her Republican colleagues echoed the sentiment. Republican state Rep. Jane Nelson said, “I am proud to support House Bill 2, which not only protects innocent life but also ensures that abortion facilities are safe for Texas women.” And state Rep. Patricia Harless used the same language to justify her vote. ”I proudly voted for House Bill 2 because I believe Texas women deserve more than the bare minimum, lowest level safety standards,” she said.
These talking points have been parroted by lawmakers in Louisiana, Utah, Oklahoma, Arizona, Mississippi, Virginia, North Carolina, South Carolina and virtually everywhere else that laws like these are being enacted. It’s never about abortion. It’s always about safety — women’s safety.
Now the Massachusetts law was also about women’s safety. The kind of safety that 35 feet of distance between yourself and someone willing to spend their Saturdays outside an abortion clinic calling women murderers will provide you. The kind of safety that state lawmakers recognized was urgently needed after an antiabortion activist opened fire on a clinic near Boston and killed two people and injured five others.
The violence isn’t unique to Massachusetts; the threat is national. As Robin Marty wrote this week, if you want to understand why buffer zones matter, spend some time at an abortion clinic without one:
In my time working with abortion providers and abortion rights advocates over the last few years, I’ve seen first hand what is considered “counseling” by abortion opponents at unprotected clinics. In Louisville, Kentucky, one of only two clinics left in the Bluegrass state, I witnessed over 100 abortion opponents lining the sidewalk leading up to the clinic, stopping just at the property line in front of the door, chanting rosaries, calling to patients, preaching sin and eternal damnation through a microphone just a few feet from the waiting room window. I watched a woman shout through the window that the patients inside would die on the exam room table, that they would bleed to death inside, and no one would help them because the money was already paid up front. I saw protesters with bloody, graphic signs swarm patients just trying to get out of the car door and cross the mere 10 feet from curb to clinic property.
That’s what it is like at a clinic with no buffer zone.
And that will be the scene at more clinics in the wake of the Supreme Court’s unanimous finding that while it sees no problem with the buffer zone around its own building, it believes that a 35-foot barrier — the length of a school bus, a walk that will last approximately 7 seconds — is an undue burden on the First Amendment rights of the “peaceful sidewalk counselors” stationed outside. Not being able to follow women to the doors of the clinic apparently limits their ability to “persuade.”
But the burden that removing that buffer will place on women’s safety? Well, what do those words even mean anymore?
By: Katie McDonough, Politics Writer, Salon, June 27, 2014
“Where Is The Republican Voter Expansion Project?”: Republicans Used To Support Voting Rights—What Happened?
During a speech on Friday at the National Action Network, President Obama made his strongest and most extensive comments yet on the topic of voting rights. “The right to vote is threatened today in a way that it has not been since the Voting Rights Act became law nearly five decades ago,” Obama said. “Across the country, Republicans have led efforts to pass laws making it harder, not easier, for people to vote.”
The election of the first black president and the resurrection of voter suppression efforts was hardly a coincidence. New voting restrictions took effect in nineteen states from 2011–12. Nine states under GOP control have adopted measures to make it more difficult to vote since 2013. Since the Supreme Court gutted the Voting Rights Act in June 2013, half of the states (eight in total) previously covered under Section 5 have passed or implemented new voting restrictions.
These laws, from voter ID to cutting early voting to restricting voter registration, have been passed under the guise of stopping voter fraud, although there’s scant evidence that such fraud exists. Obama cited a comprehensive study by News21 that found only ten cases of in-person voter impersonation since 2000. “The real voter fraud,” the president said, “is people who try to deny our rights by making bogus arguments about voter fraud.”
Obama’s speech highlighted how Democratic leaders are embracing the cause of voting rights. (Attorney General Eric Holder has made it a signature issue, with the DOJ filing lawsuits against new voting restrictions in Texas and North Carolina last year.)
A day before arriving in New York, Obama spoke about civil rights at the Lyndon B. Johnson Presidential Library’s commemoration of the fiftieth anniversary of the Civil Rights Act—where the subject of contemporary attacks on voting rights came up often. “Is this what Martin Luther King gave his life for?” asked Bill Clinton. “Is this what Lyndon Johnson employed his legendary skills for? Is this what America has become a great thriving democracy for? To restrict the franchise?”
Democratic presidential hopefuls like Hillary Clinton and Joe Biden have recently championed voting rights. The Democratic National Committee has launched a new Voter Expansion Project and veterans of the Obama campaign started iVote to elect Democratic secretaries of state in Colorado, Iowa, Ohio and Nevada. Democrats hope that an appeal to voting rights will help mobilize key constituencies, like in 2012, when a backlash against GOP voter suppression efforts increased African-American turnout. “The single most important thing we can do to protect our right to vote is to vote,” Obama said on Friday.
It’s great that Democratic leaders are finally recognizing the severity of the attack on voting rights. But it’s sad that Republicans are almost unanimously supporting the restriction of voting rights rather than the expansion of the franchise.
Things weren’t always this way. In his new book about the Civil Rights Act, An Idea Whose Time Has Come, Todd Purdum tells the story of Bill McCulloch, a conservative Republican from Ohio who championed civil rights as the ranking Republican on the House Judiciary Committee. The Politico excerpt from the book was titled “The Republican Who Saved Civil Rights.”
There would have been no Civil Rights Act of 1964 or Voting Rights Act of 1965 without the support of Republicans like McCulloch and Senate minority leader Everett Dirksen of Illinois. For decades after the 1960s, voting rights legislation had strong bipartisan support in Congress. Every reauthorization of the VRA—in 1970, 1975, 1982 and 2006—was signed by a Republican president and supported by an overwhelming number of Republicans in Congress.
Republicans like Jim Sensenbrenner of Wisconsin, an heir to McCulloch who as the former chairman of the House Judiciary Committee oversaw the 2006 reauthorization of the VRA and is co-sponsoring a new fix for the VRA, used to be the norm within the GOP. Now he’s the rare Republican who still believes the GOP should remain the party of Lincoln. Where is the Republican Voter Expansion Project?
It’s also unfortunate that many in the media continue to report on voting rights like it’s a left-versus-right issue, as if supporting a fundamental democratic right suddenly makes one a flaming liberal. Jamie Fuller of The Washington Post called voting rights “the Democrats’ most important project in 2014.” Michael Shear of The New York Times dubbed Obama’s speech an effort “to rally his political base.”
The right to vote used to be regarded as a moral issue, not a partisan one. As President Johnson said when he introduced the VRA before Congress: “It is wrong—deadly wrong—to deny any of your fellow Americans the right to vote in this country.”
As long as Democrats are the party of voting rights and Republicans are the party of voter suppression, the right to vote will continue to be under siege.
By: Ari Berman, The Nation, April 14, 2014
“Show Me The Medicaid Money”: Buckle Up Republicans, Obamacare Is Here To Stay
Somewhat quietly, Obamacare enrollment hit 4 million this week. Now, it’s certainly true—as critics have noted—that enrollees aren’t the same thing as people who will continue to stay with their plan for a full year. If an enrollee encounters an unexpected expense of replacing a head gasket or something like that, he might skip a payment. But even so, 4 million’s a more-than-respectable number.
Also rather quietly this week, a new tracking poll from the Kaiser Family Foundation showed support for repeal of Obamacare down to 31 percent. As Jay Bookman noted in the Atlanta Journal-Constitution, overall the poll wasn’t something the president would exactly brag about, but it did represent noticeable change, especially among independents, 57 percent of whom now support the law.
That 31 percent number made me sit up straight for one reason. The percent of Americans who identify themselves as conservative is, lately, about 38 percent, says Gallup. So 31 percent is getting down there. And consider this: As of mid-December 2013, the percentage of Americans who favored repeal was 52.3 percent in a Real Clear Politics average of numerous polls. The Affordable Care Act may not be as popular as Twelve Years a Slave, but it’s not The Lone Ranger anymore either.
I would think there’s a direct correlation between these two sets of facts, no? The more people go to the web site and see that they can get insurance at a decent price (in most cases), the more they tell their co-workers and neighbors that doing so wasn’t the horror show they expected. The more people learn about some of the law’s benefits, the more opposition to it softens.
There are still a few more things the American people need to learn about the law, though, and it’s up to the Democrats to tell them, and I’m going to bang on about this until I see some action. As I wrote Wednesday, Governor Rick Perry has said no to $9 billion in free money. Texas is the largest state in the union that hasn’t accepted the Medicaid expansion money, so that’s the biggest figure, but the figures are significant in relation to the population and budget in every single state.
These figures are from a Commonwealth Foundation report from three months ago. Florida is saying no to $9.6 billion, Georgia to $4.9 billion, North Carolina to $5.7 billion. Wisconsin is passing on $1.75 billion, Virginia on $2.15 billion, and Pennsylvania on $5.5 billion (although Pennsylvania is considering the opt-in). And this report’s figure for Texas is actually $9.6 billion.
You know how states clamor for federal highway money? Well, as Commonwealth points out, in every one of these cases, the Medicaid money is more—at least double, typically, and sometimes far more—than what these states get in highway money. And yet they say they don’t want it. They say that over time, they’re going to be on the hook for vast expenditures they can’t afford, or they fret publicly that Washington might change the formula. They’re both bogus arguments.
The federal government is paying 100 percent of states’ expansion costs through 2016 and no less than 90 percent thereafter on a permanent basis. It’s a sweet deal. But okay, what about that (up to) 10 percent that states are going to have to start paying? Ten percent doesn’t sound like a lot, but in dollar terms, isn’t that real money?
The answer is, not really, in most cases. This gets complicated and involves a category of spending by the states for something called “uncompensated care,” which is just what it sounds like—health care provided for free to poor people. State and local governments typically pitch in now on uncompensated care. But as the Center on Budget and Policy Priorities explains in a 2012 report: “The Medicaid expansion will reduce state and local government costs for uncompensated care and other services they provide to the uninsured, which will offset at least some—and in a number of states, possibly all or more than all—of the modest increase in state Medicaid costs.” Overall, the health-care consulting firm The Lewin Group estimates a minimal increase in states’ spending obligations, around 1 or 2 percent, depending on the state.
As for the argument that some GOP governors make that they fear Washington might change the formula…well, that’s straight from Orwell or Kafka. That is: Barack Obama isn’t going to change any formula. President Hillary Clinton wouldn’t be changing any formula. A Democratically controlled Congress won’t be changing any formulas. Only Republican presidents and congresses would do that. In other words, these Republican governors are saying—yeah, the deal looks fine now, but my party might take over, and then I’d be really screwed!
The ACA is here to stay. It’s not going to be struck down. It’s not going to be repealed. That would require a Republican president and 60 GOP senators and a solid GOP House majority, and the odds are strongly against the emergence of such a confluence. It’s going to exist. And inevitably, it’s going to grow. And more and more people are going to get used to it and learn to live with it. And over time, the people in states like Texas and Georgia and Wisconsin are going to see that people in nearby states that took the money are in fact pretty happy with their situations.
It’s only a matter of time before these resistant governors and state legislatures start caving. Democrats have it in their power to help hasten that timetable by making this an issue. They have to have the courage not to wilt or get the vapors whenever a right-winger invokes the evil gummint or the hated Kenyan. Democrats say they’ve waited decades for this moment. Well, it’s here. Now’s not the time to run away from the fight.
By: Michael Tomasky, The Daily Beast, February 28, 2014
“The GOP’s Ted Nugent Problem”: Torn Between Expanding Its Base And Appealing To Loyalists
The Republican Party in the era of the Tea Party and the “autopsy” can’t make up its mind. Torn between expanding its base so that it can survive in the long term and appeasing its loyalists so it can survive in the short term, the party doesn’t know where to go. The choice boils down to winning a few more seats in November and writing off the future of the party. Oddly, November seems to be winning every time.
For Texas gubernatorial candidate Greg Abbott the choice seems easy. He chose Ted Nugent, the physical embodiment of the off-the-rails toxicity that Republicans just don’t know how to quit. Abbott certainly had to know the stir he’d cause when he invited Nugent to join him on the campaign trail last week.
Ted Nugent is not just a former rocker who happens to be a Republican. Nugent’s infamous “subhuman mongrel” slur is just a representative sample of the bile he produces on a regular basis. He has threatened the president, saying, “Obama, he’s a piece of shit, and I told him to suck on my machine gun,” told an audience to “keep a fucking gun in your hand, boys” in response to the Obama administration, implied the president is like a coyote who needs to be shot, and said before the 2012 election that if the “vile, evil America-hating” Obama were to be reelected, Nugent would be “either dead or in jail by this time next year.”(For the record, Nugent is still very much alive and free to make statements like the above.)
Why listen to Nugent (as People For the American Way’s Right Wing Watch does more often than they would probably like)? Because he doesn’t just shout his rants from the stage at his concerts. He shares the stage with people like Greg Abbott.
In a time when many Republicans are trying to moderate the rhetoric they use to explain their extreme policies, Greg Abbott is just the latest who apparently has no such concerns. He ‘s more than happy to provide a platform for Nugent, an unabashedly violent, and unapologetic racist spokesperson who exults in attacking the president- – when the president is Barack Obama, that is.
Nugent has speculated whether “it would have been best had the South won the Civil War”; suggested banning people who owe no federal income tax from voting; lashed out at “those well-fed motherfucker food stamp cocksuckers”; and blamed Trayvon Martin’s death on the “mindless tendency to violence we see in black communities across America.”
In other words, Nugent’s not the sort of person any reasonable candidate would invite along on the campaign trail. But reason is not the way to prove one’s bona fides to a large share of the Tea Party that has taken over the Grand Old Party. When Nugent said in a campaign appearance that “we don’t have to question Greg Abbott’s courage, because he invited me here today,” he was reassuring the base that “autopsy reports” aside, the GOP has no intention of changing.
And that’s the problem. Ted Nugent isn’t a Greg Abbott gaffe. His presence on the Abbott campaign trail represents a deliberate effort to cultivate the most extreme elements of the Republican base. The party can moderate its positions to attract more voters. Or it can stick with extremism to keep a core of the voters it has. But it can’t have it both ways.
By: Michael B. Keegan, President, People for The American Way ; The Huffington Post Blog, February 27, 2014
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