“The Supreme Court vs. Eric Holder”: Why They’re So Wrong And He’s So Right About Voter ID
As my colleague Joan Walsh wrote when news of his pending resignation first hit the wires, Eric Holder’s legacy as U.S. attorney general is complicated. There’s a lot for a liberal to be unhappy about — too big to jail, the war on whistleblowers, continued acquiescence to the NSA — but there’s good stuff in there, too.
I was reminded of that when I watched a video of the attorney general that was released Monday morning, a short clip in which Holder blasts the Supreme Court’s decision last week to allow Ohio Republicans to reduce the amount of time allotted to Ohioans for early voting. The conservative movement’s recent embrace of policies that suppress the vote is one of the issues where Holder’s at his best. And as he argued in his new video, the extraordinary practical and symbolic meaning of the right to vote is the reason why.
“It is a major step backward to allow these reductions to early voting to go into effect,” Holder says in the video. “Early voting is about much more than making it more convenient for people to exercise their civic responsibilities,” he continues. “It’s about preserving access and openness for every eligible voter,” Holder argues, “not just those who can afford to miss work or who can afford to pay for child care.”
He’s absolutely right. While the orthodox Republican’s views on affirmative action or, say, criminal justice leave much to be desired, the campaign for voter ID laws being waged by the conservative movement — which was buoyed by the Supreme Court right-wing majority’s recent decision — strikes at something far more precious and fundamental. This, in other words, is not politics as usual.
To explain what I mean, I’m going to draw upon an analogy Jonathan Chait used a few months back, during his long debate with Ta-Nehisi Coates and others over the role culture and racism play in most African-Americans’ daily lives. I’m not going to get into that debate here (I think this piece makes plain where I land), but I want to adapt Chait’s analogy of life as a basketball game with crooked referees to the fight over voter suppression, where I think it’ll be considerably less problematic.
While it’s probably a mistake to think of the president and attorney general as mere coaches (i.e., players) in the context of fighting black poverty, when it comes to voter rights, it really is the courts — not the White House — we expect to play the role of fair-minded referee. And to give the judicial branch credit, it was initially doing an OK job of it in the Ohio case, twice shooting down Republicans’ attempt to disenfranchise Democrats in the state.
Indeed, in two separate rulings, judges saw the move for what it was: the political equivalent of a losing basketball team declaring to its sharpshooting competitor that shots made from behind the arc were now worth zero points instead of three. But that’s when Justices Alito, Kennedy, Roberts, Scalia and Thomas stepped in, giving Ohio the go-ahead in a 5-4 decision that, for whatever reason, no member of the majority felt inclined to defend individually.
If you keep in mind that, Roberts excluded, this is the exact same group of men who just a few years ago were willing to destroy health care reform out of fear of government-mandated broccoli, you should have a sense of how patently weak the argument in favor of voter ID laws. Not only because the evidence that voter fraud is a real problem is essentially zilch, but because the attempt to deny millions of Americans their only real tool of self-government, their right to vote, is contrary to what most people think is so special about U.S. democracy.
On the most basic, essential level, our right to vote is about our right to be recognized as full and legitimate members of the community. It’s the way our democracy turns our God-given (or Universe-given, if you prefer) right to control ourselves into a contract we sign allowing other people — not only the government but civil society, too — to hold over us an enormous amount of authority. It’s how we say that even if we don’t like everything about this game, we’re still willing to play.
At the risk of oversimplification: Rousseau famously claimed society was nothing less than a system of control, a network of chains keeping us locked to the status quo. What makes Attorney General Holder’s Monday address so great, and his legacy on voting rights so commendable, is his understanding that by ruling in favor of Ohio conservatives, the Supreme Court is helping them throw away the key.
By: Elias Isquith, Salon, October 6, 2014
“Undue Burdens”: Voter ID Laws Are Costing Taxpayers Millions
One federal judge has allowed a voter ID law to take effect in Wisconsin. Another is now contemplating whether to do the same in Texas. Defenders of these laws, which exist in some form in 34 states, insist that requiring people to show government-issued identification at the polls will reduce fraud—and that it will do so without imposing unfair burdens or discouraging people from voting. In North Carolina, for example, Republican Governor Pat McCrory wrote an op-ed boasting that the measures fight fraud “at no cost” to voters.
It’s not surprising that McCrory and like-minded conservatives make such arguments. The Supreme Court under Chief Justice John Roberts has steadily weakened the Voting Rights Act and related legislation, which for generations federal officials used to make sure minority voters had equal voice in the political process. But in 2008, when the Court approved Voter ID laws, the Court left open the possibility of new challenges if plaintiffs can demonstrate the laws impose a burden on would-be voters.
There are now good reasons to think the laws do exactly that.
One reason is a report, published over the summer, from Harvard Law School’s Charles Hamilton Houston Institute for Race and Justice. Researchers there complied published articles and legal testimony, in order to calculate the cost of of obtaining a government-issued identification. They included everything from the cost of waiting to the cost of traveling and obtaining documentation. Their conclusion? The costs can range anywhere from $75 to $400 per person. The study is not a comprehensive, since it examines evidence from just three states— Texas, Pennsylvania and South Carolina, which had its law blocked by the U.S. Justice Department but upheld by a District Court. But as many as 11 percent of voters don’t have a photo ID, according to the Brennan Center, and the study illustrates the challenge these people—many of them very poor—would face trying to get new identification documents. “The more it can be shown that is a substantial financial cost, the clearer it is that these laws are unconstitutional,” said Richard Sobel, author of the study.
Of course, some people would face higher costs than others. According to the study, people who move from another state can have a particularly hard time, because they’ll have trouble tracking down—and then paying for—the documentation they’ll need to get an identification card. Many states require that people present birth certificates in order to get Voter ID cards, but in at least two states, South Carolina and North Carolina, people who want a new birth certificate must present some other form of government identification. In other words, somebody would need a photo ID in order to obtain a voter ID.
Another group that can face extra costs and difficulty getting ID cards is women—specifically, women who have changed their names after marriage. A study by the Brennan Center from 2006 showed that just 48 percent of women with access to a birth certificate have access to identification with their legal name. “It’s clear the costs are much much greater largely because we change our names,” Elisabeth Macnamara, president of the League of Women Voters, told me. The League of Women Voters in Wisconsin has challenged Wisconsin’s voter ID law, partly on this basis. “We are seeing courts considering the Photo ID and see how much it takes to get one.”
A separate issue is the hassle people face when they try to get Voter ID cards. “We’ve experienced people being treated differently depending which DMV they go to or which examiner they talk to as to whether which document is sufficient,” Bob Hall, executive director of Democracy North Carolina, said in an interview. These difficulties should strengthen legal challenges to the requirement, he said: “It does bolster the argument that it amounts to a poll tax.”
Individual voters aren’t the only ones who face extra costs because of Voter ID laws. State governments’ do, too. The report from Harvard’s Houston Center showed the laws could cost Pennsylvania between $15.75 million and $47.26 million; South Carolina’s law would cost the state between $5.9 million and $17.70 million; and in Texas, could see the costs for its law go between $26.07 million and $78.22 million. “This is a huge amount of money to get a free ID, especially when the right to vote is a right that should be exercised freely and these resources could be used to getting people out to vote,” Sobel said.
By: Eric Garcia, The New Republic, October 3, 2014
“Shake The Complacency”: Twelve Percent Turnout Is An Insult To Your Children
The Rev. Al Sharpton, host of msnbc’s “Politics Nation,” spoke at the Greater Grace Church’s services yesterday, and addressed the crisis surrounding Michael Brown’s death from a variety of angles. Of particular interest, though, was one of Sharpton’s challenges to the community itself.
“Michael Brown is gonna change this town,” he said, before criticizing the paltry voting record on the area. “You all have got to start voting and showing up. 12% turnout is an insult to your children.”
That was not an exaggeration. The historical and institutional trends that created the current dynamic in Ferguson – a largely African-American population led by a largely white local government – are complex, but the fact that black voters haven’t been politically engaged has contributed to the challenges facing the community. In the most recent elections, turnout really was just 12%.
Patricia Bynes, a black woman who is the Democratic committeewoman for the Ferguson area, told the New York Times that last week’s developments may shake the complacency that too often shapes local politics. “I’m hoping that this is what it takes to get the pendulum to swing the other way,” Bynes said.
To that end, Ferguson residents have had an enormous amount of work to do over the last several days – mourn, grieve, protest, and recover, all while struggling through moments of violence – but haven’t forgotten about the importance of civic engagement in general, and voter registration in specific.
The St. Louis Post-Dispatch published a piece over the weekend that included a striking detail (thanks to my colleague Laura Conaway for the heads-up).
Rev. Rodney Francis of the St. Louis Clergy Coalition pointed to voter registration tent at the scene. “That’s where change is gonna happen,” Francis said.
Debra Reed of University City and her daughter, Shiron Hagens, were working at the registration tent. They said they set it up on their own.
“We’re trying to make young people understand that this is how to change things,” Reed said.
Note, some Republican-led states have made voter-registration drives far more difficult in recent years – Florida, for example, has imposed harsh restrictions without cause – but no such hindrances exist in Missouri.
State GOP policymakers have taken steps to restrict voting rights and curtail early voting, but none of this should be seen as an excuse to discourage Ferguson residents from registering and participating. The kind of systemic changes many in the community crave can be achieved through the ballot box.
To repeat Sharpton’s message: “You all have got to start voting and showing up. 12% turnout is an insult to your children.”
By: Steve Benen, The Maddow Blog, August 18, 2014
“The Struggle For Voting Rights Continues”: Honoring The Civil Rights Act, 50 Years Later
Fifty years ago today, President Johnson signed the Civil Rights Act into law. On that great day in 1964, surrounded by Dr. Martin Luther King Jr. and other national leaders, President Johnson outlawed discrimination based on race. While the Civil Rights Act did not eliminate literacy tests, those evil tools used in the South to prevent blacks from voting, it did require that voting rules be applied equally to all races. And it paved the way for the landmark passage of the Voting Rights Act one year later.
It’s hard to believe that in 1964, less than 7 percent of Mississippi’s African Americans were registered to vote. I was reminded of the hardships of that era the other day while watching Freedom Summer, the incredible PBS documentary on the young black and white volunteers who flooded Mississippi in 1964 to increase voter registration, educate African-American children and draw attention to the countless injustices taking place every day in the Magnolia State.
“What we were trying to do was to organize these communities to take possession of their own lives. For the last hundred years the ability of black people to control their own destiny had been taken away from them,” Freedom Summer organizer Charlie Cobb recalls in the film.
Freedom Summer volunteers walked through neighborhoods, struck up conversations in cotton fields, and sat on porches. They reminded local African-Americans that they could vote for sheriff and stop intimidation by the local police. But it was not an easy pitch.
“Immediately, what you found out you were dealing with was fear,” remembers Cobb, who at the time was a field secretary for the Student Nonviolent Coordinating Committee in Mississippi. “They would say, ‘You’re right, boy. We should be registered to vote, but I ain’t going down there to mess with them white people.’ ”
Cobb, who would become a distinguished journalist and author and visiting professor at Brown University, told PBS that the fear was overwhelming. “Within that small group of people who did try and register to vote, very few of them actually got registered to vote.” Voting forms were designed to be absurdly complex, and local registrars controlled who was accepted to vote. “In some counties, when people went in to register, their names would appear in the newspaper the next day. That could have recriminations for all members of their family,” said historian John Dittmer. “It could mean they would lose their job. There were real consequences to taking this risk.”
That was 50 years ago, but the struggle for voting rights continues. Today, strict photo ID requirements and cutbacks to early voting are creating obstacles at the ballot box that disproportionately affect seniors, students, low-income individuals and people of color. Twenty-two states have passed new voting-restriction laws, and advocates are fighting back in court. We must continue to support free and fair voting for all Americans, and to honor the civil rights pioneers who came before us.
By: Page Gardner, The Huffington Post Blog, July 2, 2014
“The Fight To Protect Voting Rights, One Year Later”: The Key Barrier Is Finding Republican Support
As of yesterday, it’s been exactly a year since conservatives on the Supreme Court, in a 5-4 ruling, gutted the Voting Rights Act. The ruling, however, was open-ended in a way – the Republican-appointed justices didn’t say which part of the Constitution the VRA violated, and it invited Congress to “fix” the law (though the justices didn’t say how).
With this in mind, a bipartisan and bicameral group of lawmakers got to work, and in January they unveiled the Voting Rights Amendment Act, a reform bill intended to address the Supreme Court’s concerns. Zachary Roth reported yesterday that proponents haven’t given up the fight.
Civil rights advocates pressed lawmakers Wednesday at a contentious Senate hearing to advance a bill that would strengthen the Voting Rights Act, saying a failure to do so would represent a historic betrayal of African-American aspirations for political equality. But Republicans appeared unmoved.
“If the Voting Rights Act is not modernized, then you are effectively ending the second Reconstruction of the United States,” Rev. Francys Johnson, the president of the Georgia NAACP, told members of the Senate Judiciary Committee.
At this point, the key barrier is finding Republican support. When Congress last considered the VRA, support for the law was nearly unanimous – and in the Senate, it was literally unanimous – but in the wake of the high court ruling, GOP support has evaporated. Indeed, as Roth’s report noted, at yesterday’s hearing, the Republican senators and the conservatives witnesses “acknowledged that race bias in voting still exists”; they just don’t intend to support any new measures to prevent voting discrimination.
As of this afternoon, the Voting Rights Amendment Act has zero Republican co-sponsors.
All of which leads us to a gentleman by the name of Thad Cochran.
Cochran, of course, is the senior senator from Mississippi, and just this week, he survived a very competitive Republican primary thanks in large part to support from African-American Democrats who saw the incumbent’s challenger as vastly more offensive.
I suggested yesterday that Cochran, as a gesture of goodwill and gratitude, can repay the favor by – you guessed it – throwing his support to the new Voting Rights Act. He’d already voted for the old one so it’s really a fairly modest request.
I’m hardly the only one who thought of this.
In an interview with HuffPost Live, Derrick Johnson, president of the Mississippi NAACP, said that Cochran could thank black voters by supporting efforts to re-establish protections in the Voting Rights Act that the Supreme Court struck down last year.
“Our advocacy towards his office is to support amending the Voting Rights Act, free of any conditions such as voter ID,” Johnson said. “I think this is an opportunity for him to show some reciprocity for African-Americans providing a strong level of support for him.”
The editorial board of the New York Times is on board, too.
The prospect of electing an intemperate Tea Party candidate who was openly nostalgic for Confederate days was so repellent to many black voters in Mississippi that they did a remarkable thing on Tuesday, crossing party lines to help give the Republican Senate nomination to Thad Cochran, in office for 36 years. Now it’s time for Mr. Cochran to return the favor by supporting a stronger Voting Rights Act and actively working to reduce his party’s extreme antigovernment policies.
Not to put too fine a point on this, but Cochran is positioned to keep his job because black voters showed up to save his skin. Why not return the favor by showing some leadership on voting rights?
In practical terms, Cochran’s support wouldn’t necessary help get the bill passed into law – House Republicans will almost certainly kill the Voting Rights Amendment Act anyway – so there’s no real harm in the senator doing the right thing.
By: Steve Benen, The Maddow Blog, June 26, 2014
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