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.”
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WASHINGTON – Today the Supreme Court will hear oral arguments in Shelby County v. Holder, a case challenging Section 5 of the Voting Rights Act of 1965. People For the American Way Foundation released the following statement:
“The right to vote is one of the most fundamental rights we have as Americans,” said People For the American Way Foundation President Michael Keegan. “The Voting Rights Act, especially Section 5, has been a central part of safeguarding that right for nearly fifty years and continues to play a vital role in protecting Americans from disenfranchisement. The 2012 election cycle provided far too many examples that threats to voting access – in the form of voter ID laws, restrictions on early voting, and inequitable distribution of resources leading to excessively long waiting times for certain communities to vote – are alive and well. If we want a functioning democracy, everyone has to have access to the ballot box.
“The 15th Amendment of the Constitution is very clear on this issue: the right to vote cannot be denied on account of race, and Congress has the power to protect that right as it finds appropriate,” Keegan continued. “When, after a comprehensive analysis, Congress voted overwhelmingly to reauthorize Section 5 of the Voting Rights Act in 2006, it was simply doing its job. For right wing Justices on the Supreme Court to substitute their own political judgment would be a radical and unwarranted step and send a chilling message to millions of Americans who are seeing more and more burdens placed on their right to vote.”
“Voting discrimination is deeply rooted in our country’s history,” added Minister Leslie Watson Malachi, Director of the African American Ministers Leadership Council at People For the American Way Foundation. “It’s stunning to me that some say this law is no longer needed, when in the past election cycle we witnessed and fought attempts to make it harder for communities of color to vote all across the country. The right to vote remains fragile for many Americans, and the Voting Rights Act is an essential tool in protecting that right.”
For more information on the Voting Rights Act, please refer to the new PFAW Foundation report from Senior Fellow Jamie Raskin outlining the legal case for why the VRA is still necessary, or the new Huffington Post op-ed from Minister Leslie Watson Malachi describing the challenges that people of color still face at the ballot box nearly half a century after the VRA’s passage.
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Tomorrow morning, the Supreme Court will hear oral arguments in a challenge to a pivotal section of the Voting Rights Act of 1965. The part of the VRA that’s under attack is Section 5, which requires the Justice Department or a federal court to approve changes to voting laws in states and counties that have a history of racially discriminatory voting practices before those laws can go into effect. The lead-up to last year’s elections, in which state legislatures passed a slew of discriminatory voter suppression measures, showed just how much Section 5 is still needed.
Today, People For the American Way Foundation released a new report from Senior Fellow Jamie Raskin detailing the history and continued need for Section 5 of the Voting Rights Act and what progressives can do to ensure equal voting rights in the years to come. Raskin writes:
A decision against Section 5 preclearance or the Section 4(b) coverage formula would likely spell the political demise of the Voting Rights Act, even if it is theoretically salvageable by an updated coverage formula or an even more relaxed preclearance procedure. Our paralyzed, deadlocked Congress will never come to terms on how to revive and renovate it if the Court knocks it down or puts it into a tiny little straitjacket.
Win, lose, or draw, progressives should reckon with the prospect that the days of this landmark statute might be numbered. This means that we need to take up an ambitious democracy and voting rights agenda of our own for the new century, this time with explicitly universalist aims and general terms that deal with the complex suppression of democracy today. The voting rights struggles of the new century relate not just to old-fashioned racial trickery in Alabama and Texas but new-age vote suppression in Florida, Pennsylvania and Ohio; they involve not just traditional vote dilution in the South but the increasingly untenable disenfranchisement of 600,000 Americans in Washington, D.C and 3.6 million Americans in Puerto Rico.
Also today, PFAW Foundation’s Director of African American Religious Affairs, Minister Leslie Watson Malachi, wrote in the Huffington Post about the challenges that people of color still face at the ballot box, nearly half a century after the passage of the Voting Rights Act:
In 2011 and 2012 I organized faith leaders from 22 states in combating voter suppression efforts and turning out the vote among specific communities. This election cycle offered many powerful reminders why Section 5 of the Voting Rights Act is still needed. Texas, for example, passed a discriminatory voter ID law that would have required voters to present government-issued photo ID at the polls, which would have especially burdened poor people and people of color. But because Section 5 of the Voting Rights Act still stands, this law was defeated and the right to vote was protected. Reverend Simeon L. Queen of Houston, Texas, a comrade in the struggle, reflected: "It is inexcusable that nearly 50 years after the passage of the Voting Rights Act, politicians are still trying to make it harder for African Americans in Texas to vote. I wish the Voting Rights Act wasn't still necessary, but thank the Lord it's still there."
Since 1980 I have been fortunate to work with men and women, some who started before I was born, to fight for laws protecting the right to vote. Despite the commitment of those who devoted their lives to voter protections, the right to vote remains fragile for many Americans. From voter ID laws to restrictions on early voting, as a country we cannot allow anyone to say "this isn't a problem anymore" to communities who are experiencing, as others witness, those problems at the polls each election.
This week, the Supreme Court will hear oral arguments in Shelby County v. Holder, a case challenging the protections of the Voting Rights Act. Based on a simple idea, one that is enshrined in our Constitution, the right to vote cannot be denied on the basis of race. It is considered by the Department of Justice to be "the most effective civil rights statute enacted by Congress," prohibiting voting discrimination in order to protect the right to vote for all Americans.
When President Lyndon Johnson signed into law the Voting Rights Act of 1965, he called the vote "the most powerful instrument ever devised by man for breaking down injustice" and Dr. Martin Luther King, Jr. called it the "foundation stone for political action." I call it a sacred right!
The centerpiece of that Act and the case is Section 5. It requires that all or portions of sixteen states with a history and a contemporary record of voting discrimination seek and gain approval federally before they put any changes in election practices into effect. Preclearance as it is known is intended to stop voter disenfranchisement before it can start.
In 1970 and again in 1975, Congress voted to extend the Voting Rights Act. At that time US Representative Barbara Jordan, my (s)hero and co-founder of People For the American Way, sponsored legislation that broadened the provisions of the Act to include Hispanic Americans, Native Americans, and Asian Americans.
As recently as 2006, Congress voted overwhelmingly to reauthorize Section 5 of the law with some critics then and now misguidedly asserting that it overstepped its boundaries, that voting discrimination really isn't a problem anymore, or that voting discrimination in other parts of the country somehow delegitimizes Section 5. I'd like to invite those critics to hear directly from people across the country who devoted countless hours to ensuring that marginalized communities were able to vote this past election.
In 2011 and 2012 I organized faith leaders from 22 states in combating voter suppression efforts and turning out the vote among specific communities. This election cycle offered many powerful reminders why Section 5 of the Voting Rights Act is still needed. Texas, for example, passed a discriminatory voter ID law that would have required voters to present government-issued photo ID at the polls, which would have especially burdened poor people and people of color. But because Section 5 of the Voting Rights Act still stands, this law was defeated and the right to vote was protected. Reverend Simeon L. Queen of Houston, Texas, a comrade in the struggle, reflected: "It is inexcusable that nearly 50 years after the passage of the Voting Rights Act, politicians are still trying to make it harder for African Americans in Texas to vote. I wish the Voting Rights Act wasn't still necessary, but thank the Lord it's still there."
Since 1980 I have been fortunate to work with men and women, some who started before I was born, to fight for laws protecting the right to vote. Despite the commitment of those who devoted their lives to voter protections, the right to vote remains fragile for many Americans. From voter ID laws to restrictions on early voting, as a country we cannot allow anyone to say "this isn't a problem anymore" to communities who are experiencing, as others witness, those problems at the polls each election.
President Johnson called the vote "a powerful instrument," Dr. King the "foundation stone," and for me it's a sacred right for breaking down injustice, removing obstacles to democracy and empowering the dis-empowered. When discriminatory laws threaten Americans' fundamental right to vote, we are called to utilize every tool available. Across the country we have seen the importance of courts in successfully fighting back against voter suppression efforts. Section 5 remains a key to protecting communities, my community from future attempts at disenfranchisement. Hopefully, prayerfully, the Supreme Court will realize this.
This post originally appeared at the Huffington Post.
A three-judge US District Court panel yesterday upheld South Carolina’s restrictive new voter ID law, but ordered that the law go into effect after November’s election. South Carolina softened its interpretation of the law during litigation. Under that interpretation, voters without proper photo ID are required to cast provisional ballots, although the presumption is that the voters' ballots will be counted unless a clear case can be made that they lied about why they do not have proper ID.
South Carolina members of People For the American Way Foundation’s African American Ministers Leadership Council reacted, expressing concern that that even the softened law could might keep African American South Carolinians from the polls in future elections.
“Today’s decision shows the continued necessity of the Voting Rights Act,” said Rev. Terry Alexander, pastor of Wayside Chapel Baptist Church in Florence and member of the South Carolina House of Representatives. “Because of the VRA’s preclearance provisions, South Carolina had to reinterpret a law that would otherwise have disenfranchised many African Americans. We now urge the state of South Carolina to enforce this law in a way that lives up to its promises in court, ensuring that every South Carolinian, with or without photo ID, can cast a vote that counts. If even one person is disenfranchised because of this law, that will be one person too many.”
The African American Ministers Leadership Council, a program of People For the American Way Foundation founded in 1997, works nationwide to help bring African Americans to the polls through the non-partisan “I Am A VESSEL and I Vote!” program.
Rev. Brendolyn Jenkins-Boseman, pastor of Abundant Life Fellowship in Camden, who was recently named the first-ever female co-chair of AAMLC, added, “We’re working every day to make sure every member of our congregations and communities can cast a vote that counts. While we work to educate voters on their rights under this law, we will also continue to work to make our elections fairer and more accessible.”
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Washington, DC – People For the American Way today commended the Senate Judiciary Committee for holding an important hearing on the tremendous impact the Supreme Court will have on whether the American people will be allowed to retain control of our own democracy. Today’s hearing will focus on the Court’s decision in Citizens United v. FEC and the role of the courts in preserving individual citizens’ voting rights.
“Citizens United has profoundly reshaped our elections, opening them up to limitless corporate cash, secret money, and risk of corruption,” said Marge Baker, Executive Vice President of People For the American Way. “Citizens United has given corporations and the very wealthy unprecedented control over the public debate preceding our elections. At the same time, new threats are arising to the right to even cast a ballot, as individual citizens are seeing their voting rights taken away by suppressive laws targeted at traditionally disenfranchised communities – especially those who corporate interests fear will vote ‘the wrong way’.
“Our federal courts have an important role in ensuring that the rights of Americans to control our own democracy are preserved. It’s encouraging that the Judiciary Committee is giving these issues the attention they deserve.”
Earlier this year, People For the American Way and allied groups delivered 1.9 million petitions to congressional leaders urging them to move forward on amending the constitution to overturn Citizens United.
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