WASHINGTON – In response to today’s introduction of legislation to restore the Voting Rights Act, Minister Leslie Watson Malachi, Director of People For the American Way’s African American Ministers in Action, released the following statement:
“In its Shelby decision, the Supreme Court undermined some of the most important protections of the right to vote in our democracy. The Voting Rights Act (VRA) has long served as a shield to protect people of color and other vulnerable voters from the threat of disenfranchisement. We welcome Congress taking up the mantle to restore the Voting Rights Act and protect every American’s basic right to participate in every election.
“Since it was first passed, the VRA has boldly confronted a problem that has deep roots in our nation’s history and, sadly, our nation’s present – discrimination at the ballot box. We must have a working democracy that includes the voice of everyone. Making sure that all Americans are treated fairly at the polls, whether urban, suburban, or rural, is something many have fought, and even died for – now it’s up to us to honor that legacy so their struggles and deaths will not be in vain. We must restore strength to the VRA.”
WASHINGTON – In response to today’s introduction of legislation to restore the Voting Rights Act, People For the American Way President Michael Keegan released the following statement:
“In the wake of last year’s damaging Shelby County v. Holder decision that opened the door to an influx of restrictive new laws around the country, we’re heartened that Congress has taken up the important work of replacing what the Voting Rights Act lost.
“This fight isn’t about partisan politics – it’s about the fundamental right to cast a vote that counts. It’s about all people being treated fairly at the polls. We look forward to working with Congress to strengthen one of the most important pieces of civil rights legislation in our country’s history.”
People For the American Way recently launched a petition urging Congress to restore strength to the Voting Rights Act, and it currently has more than 137,500 signers.
We’re already well aware that the voter ID laws that have been passed in many states are designed not to prevent fraud but to deter certain groups of people from voting, as several Republicans have admitted in the past. But even without those accidental moments of honesty, it would be clear that something other than an epidemic of voter fraud was motivating the passage of these laws, because there is nothing close to an epidemic of voter fraud.
Today, we have some new evidence of that. Wayne Slater of the Dallas Morning News reviewed the 66 voter fraud cases prosecuted by Texas Attorney General Greg Abbott since 2004 and found that just four cases would have been prevented by the state’s voter ID law. The law was passed in 2011 and blocked by a unanimous three-judge panel of federal judges until this spring, when the Supreme Court gutted the key enforcement provision of the Voting Rights Act. Just two hours after the Supreme Court handed down its decision, Abbott declared the voter ID law to be once again…which in turn led to another Justice Department lawsuit.
The numbers that are supposedly driving Texas’ voter ID push are so ridiculous that they’re actually quite difficult to illustrate. Consider this: Texas had 13,594,264 registered voters in 2012. Four cases of fraud out of 13,594,264 voters works out to… actually, it’s a percentage so small my calculator won’t even display it. Of course, voter fraud is a serious felony that Texas is right to prosecute on the rare occasions that it happens. But Greg Abbott considers the crime widespread enough to pass a law that will disenfranchise thousands of voters who can’t access the ID they need, or will be confused or otherwise deterred by the restrictions and won’t go to the polls.
Perhaps the most telling part of Slater’s piece is this:
“Abbott acknowledged that voter ID wouldn’t have made a difference in most of the cases he has prosecuted.”
Instead, Abbott’s response to Slater’s data on the ineffectiveness of voter ID was as logical as can be expected: Obamacare!
So Abbott’s solution to prevent potential voter fraud is one that he admits won’t address most of the (very few) actual instances of fraud, yet he’s pushing ahead with instituting a law that will disenfranchise thousands? To me, it looks like he doesn’t even believe his own spin anymore. The only “problem” this law addresses is that some people want to vote for Democrats—and Greg Abbott knows it.
WASHINGTON – In response to Attorney General Eric Holder’s announcement that the Justice Department will ask a federal court in Texas to require the state to obtain federal permission before implementing voting changes, People For the American Way President Michael Keegan released the following statement:
“In the wake of the Shelby County Supreme Court decision which gutted a key provision of the Voting Rights Act, today’s announcement is heartening for those of us who care about protecting access to the ballot box for all. The Roberts Court decision did not affect the Justice Department’s ability under the VRA to ask a court to require preclearance as necessary for specific jurisdictions, including those that had been automatically covered by the now-defunct congressional formula in Section 4. The safeguard of preclearance is still urgently needed, and Texas’ rush to advance a discriminatory voter ID law just hours after the Supreme Court decision came down is a case in point. We applaud the Justice Department’s new effort to protect Americans’ fundamental right to cast a ballot. We also continue to urge Congress to adopt a new preclearance formula to restore this important civil rights statute.”
While civil rights leaders are denouncing the 5-4 Supreme Court decision gutting the Voting Rights Act, the Family Research Council’s Tony Perkins is cheering. In an email alert sent at the end of the day on Tuesday, Perkins says, “With help from the U.S. Supreme Court, America may finally be turning a page on the racial politics that have haunted our last 50 years.” Oh, yes, giving a green light to the kind of blatantly discriminatory voter disenfranchisement efforts that we’ve seen in recent elections is certainly going to help America “turn the page” on racial politics.
Like other Religious Right leaders, Perkins loves to denounce “judicial activism” when judges uphold reproductive choice or legal equality for LGBT people. But he happily embraces this ruling in which a narrow Court majority rejected a huge bipartisan congressional vote that reauthorized the Voting Rights Act in 2006 on a matter in which the Constitution specifically and intentionally gives Congress wide discretion. Perkins complains that “Congress insisted on reauthorizing a Voting Rights Act that was rooted in one of the darkest chapters of U.S. history.” And he claims that “In recent days, the Voting Rights Act has been a tool for a liberal and politically-motivated DOJ to shape laws to its advantage.”
Perkins seems deeply concerned about “the red tape of the Voting Rights Act” that he said has been “unnecessarily handcuffing” states whose history of disenfranchisement meant that they had to have changes in voting procedures pre-approved by the Justice Department or by a three-judge District Court in the District of Columbia. In contrast, Perkins seems utterly unconcerned about more recent voter disenfranchisement campaigns waged by the GOP and its allies.
Perkins cites Chief Justice John Roberts’ disingenuous suggestion that the court was not acting in a way that would encourage discriminatory disenfranchisement. "Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting," Roberts insisted. "Congress may draft another formula based on current conditions."
Is there anyone who thinks Roberts and Perkins actually want the federal-government-hating Tea Party Republicans who are calling the shots in the House of Representatives to support the creation of a new formula that would subject more states to federal oversight? Perkins makes his thoughts on that point abundantly clear with this comment about the Justice Department: “And in an administration as corrupt as President Obama's is proving to be, the less power it has over the states, the better!”
The topic of discussion on Sandy Rios’ American Family Radio program Wednesday was diversity among federal judicial nominees. The Washington Post published a story over the weekend detailing President Obama’s largely successful effort to appoint more women, people of color and openly LGBT people to federal judgeships. The voice of dissent in the article was that of the Committee for Justice’s Curt Levey, who told the Post that the White House was “lowering their standards” in nominating nonwhite judges. So naturally, Rios invited Levey on as a guest and explained to him why she disapproves of President Obama’s diverse judicial nominations.
In particular, Rios disapproves of Obama’s Supreme Court nominees, Sonia Sotomayor and Elena Kagan, respectively the third and fourth women ever to sit on the high court. Sotomayor and Kagan, Rios says, have been forgetting their place and behaving “rudely,” “interrupting” and “speaking inappropriately” to, of all people, Justice Antonin Scalia.
While Levey correctly notes that “Scalia can give it out as well as take it,” he agrees with Rios that Sotomayor, the Supreme Court’s first Latina justice, “has occasionally, at least, stepped over the line.” In particular, he says Sotomayor – who he once accused of supporting “violent Puerto Rican terrorists” -- “sort of lost it” during arguments on the Voting Rights Act, when she contradicted Scalia’s stunning assertion that the law represents a “perpetuation of racial entitlement.”
In fact, while Scalia’s bombast provoked audible gasps in the hearing room, Sotomayor waited several minutes before calmly asking the attorney challenging the Voting Rights Act, “Do you think that the right to vote is a racial entitlement in Section 5?"
Later, Rios, with an impressive lack of self-awareness, marvels that progressive groups criticized Scalia for his remarks. “Groups on the left,” Levey responds, “shall we say, like to personalize things.”
Rios: I read an article that Sotomayor and Elena Kagan, at least this article was intimating that they are behaving in a – these are my words – sort of rudely on the bench, to Scalia and to others, interrupting, speaking inappropriately. Have you observed that? Do you know what I’m talking about and is that true?
Levey: Um, yeah. I mean, you know, Scalia can give it out as well as take it, but yeah, Sotomayor has gone over the line a number of times. Most recently in the Voting Rights Act case, which was just last week, where, you know, Scalia had the nerve to speak the truth and refer to the Voting Rights Act as “racial preferences,” which of course is what it’s become by guaranteeing that there be minority districts formed, minority congressional districts. And, you know, Sotomayor sort of lost it when Obama [sic] said that, interrupted and you know, basically made fun of Scalia’s comment. So yeah, I think they have the right to be aggressive up there, but Sotomayor has occasionally, at least, stepped over the line.
Rios: And on the Voting Rights Act and Scalia’s comments, you know, there were demonstrators at the Court last week, hundreds of them, demonstrating against Antonin Scalia. I don’t remember that happening. I don’t remember a Supreme Court justice – doesn’t mean it hasn’t happened – but I don’t remember it being a subject of public demonstrations.
Levey: No. Typically they will, you know, they’ll, protestors at the Supreme Court will focus on issues, not justices. But you know, that changed of late. There’s been in the last two years a lot of, you know, progressive groups have gone personally after Scalia and especially Thomas and his wife. But you know, we see that in so much of politics, that groups on the left like to, shall we say, personalize things.
Rios: Yeah, as like in Alinsky, yes, personalize and target, yeah, so we are seeing some very new things and actually pretty dangerous I think.
Earlier in the program, Rios and Levey lamented the fact that President Obama has had more openly LGBT people confirmed to the federal bench than all of his predecessors combined. Echoing right-wing arguments made against Romney advisor Richard Grennell, who was forced to resign last year after less than a month on the job, Rios claimed she didn’t mind that the president was appointing gay people to federal judgeships, but that they are “activists who are trying to change the law.”
Levey: You know, I don’t have any problem with him nominating gay and lesbian nominees. The problem is that they should be gay and lesbian nominees who respect the Constitution. You know, there are…
Rios: I don’t disagree, Curt, just for the record, I don’t disagree with that. It’s the activists, activists who are trying to change the law that I will have trouble sitting on the bench.
Levey: Exactly. He’s not appointing, you know, conservative or even moderate, you know, gay Americans, he’s appointing very radical gay Americans. And, you know, again, it’s not so much any individual nominee as it is the pattern here. Of the 35 or so nominees who are pending now, only six are straight white males, even though about half the legal profession is straight white males. So, do straight white males have some, you know, right to a certain number of seats? Of course not. But if you were doing it in a balanced way without any preference for minorities of various types, then you’d probably wind up with about 17 or 18 of those 35 being straight white males. The fact that there’s only six tells us that there’s a system of preferences going on.
My family is from Selma, Alabama. My grandmother, aunt and mother (both teenagers at the time) were on the Edmund Pettus Bridge on March 7, 1965, what the history books now record as Bloody Sunday. Due to the terrible violence that occurred, my grandmother, a nurse, was called to the hospital to help treat the numerous people who had been injured, one of them being Civil Rights icon Congressman John Lewis.
I grew up hearing my family members’ Civil Rights Movement stories, continually in awe of their courage and determination. They had to deal with fire hoses, dogs, and police batons in order to receive what my generation now takes for granted, the right to vote.
Yesterday, nearly 50 years after Bloody Sunday and the passage of the Voting Rights Act, I stood outside the Supreme Court with many others who chanted, sang and rallied to protect the VRA’s Section 5. Yes, the dogs and the cattle prods are gone, but the spirit to oppress some of America’s citizens remains.
It saddens me that we still have to fight for our right to vote, and that there are those who are still trying to deny others their rights at the ballot box. But I was encouraged by the number of people who were outside the Supreme Court yesterday, people of all races and creeds and ages who are dedicated to and invested in protecting the right to vote! Together we sent a message to the Justices and to the nation that Section 5 is still needed, because while our country has come a long way from that grainy black and white footage of people getting beaten while fighting for their rights, discrimination and attempts to disenfranchise still exist, especially in the states covered by Section 5.
It’s often said that we are standing on the shoulders of giants, but in my case, I am truly a descendant of Civil Rights heroes whose names will never be in the history books. They took a risk, put their lives on the line, not just for themselves but for me, someone who would not be born for another 15 years. When I hear my grandmother at 86 years old say that she will put on her marching shoes if she has to, then I know that I have no choice but to put on mine. I was proud to be at the rally to protect Section 5 of the Voting Rights Act yesterday. I was proud to honor the legacy of my family and anyone else who participated in the Movement. I was proud to continue the fight to ensure that no one is denied the right to vote.
In Supreme Court oral arguments on Shelby County vs. Holder today, Justice Antonin Scalia reportedly stated that the renewal of Section 5 of the Voting Rights Act represents “the perpetuation of racial entitlement.”
Minister Leslie Watson Malachi, Director of People For the American Way Foundation’s African American Ministers Leadership Council, responded:
“Section 5 of the Voting Rights Act doesn’t represent the ‘perpetuation of racial entitlement,’ as Justice Scalia states. Rather, it is one of the most important tools we have for confronting the entitlement of those who believe some people’s votes and voices should matter more than others. Section 5 boldly confronted a reality of American life that still exists today: the routine devaluation of the lives and voices of people of color. Justice Scalia’s statement carries disturbing echoes of the ‘perpetual entitlement’ that has kept bigotry, discrimination, homophobia, disempowerment, sexism, and classism alive in America. I hope that Scalia’s fellow justices will approach this issue more thoughtfully, and with a greater awareness of the reality in their country.”