In the wake of last week’s Supreme Court rulings on critical civil rights issues, a new poll finds increasing support for marriage equality and falling support for the high court itself.
A national Princeton Survey Research Associates poll found that 55 percent of Americans think that marriages of same-sex couples should be legally recognized – the highest level of support ever. A similar percentage (53 percent) believe that affirmative action programs are needed, and more Americans oppose the Supreme Court’s decision to strike down a key part of the Voting Rights Act (49 percent) than support it (40 percent). In other words, the American people are not on board with the Supreme Court turning back the clock on our civil rights.
So it is not surprising that Supreme Court approval ratings are falling. The Princeton poll found the lowest level of approval (43 percent) in eight years, with slightly more Americans disapproving of the way the court is doing its job (44 percent). Similarly, a Rasmussen poll released yesterday found that the percentage of likely voters who think the Supreme Court is doing a poor job is rising.
What is more surprising is that both polls show that a greater percentage of Americans still believe that the high court is “too liberal” than believe it is “too conservative.” As PFAW President Michael Keegan pointed out in May, this is no accident:
“In recent decades, right-wing leaders have worked in popular culture to attack the courts as a liberal peril while successfully organizing to dominate and control legal institutions to create courts that no longer look out for the rights of all Americans. They have set up law schools and legal societies to promote corporate and right-wing commitments, have promoted the appointment of reactionary judges and Justices, blocked the appointment of even moderate jurists, and defined a legal agenda that subordinates individual rights to government power and public regulation to corporate power. Right-wing success in remaking the judiciary in the image of the Republican Party has not led conservatives to curb their bitter attack on ‘liberal judicial activism,’ a fantasy that is several decades out of date but indispensable to this smoke-and-mirrors operation.”
While conservatives continue to crow about “liberal judicial activism,” the American people are realizing that the Supreme Court’s conservative rulings on issues like voting rights and the rights of workers and consumers do not reflect their beliefs or the nation’s core constitutional values.
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!”
WASHINGTON – In response to the Supreme Court’s decision today in Shelby County v. Holder, People For the American Way Foundation President Michael Keegan released the following statement:
“As the Supreme Court swerves further to the right, our constitutional liberties continue to take a beating. Today, the Supreme Court seriously undermined an important piece of the premier civil rights legislation of the past century – legislation that civil rights heroes gave their lives for. This decision sends a chilling message to all those Americans who continue to face politically-motivated hurdles on their way to the ballot box.
“In his confirmation hearings, Chief Justice John Roberts pledged to behave like an umpire—just calling balls and strikes, and staying out of the game. Today that umpire upended decades of civil rights law. His decision substitutes his own opinions for the findings of America’s elected representatives in Congress, who found numerous cases of ongoing, racially-based political gerrymandering and trickery. Moreover, it does so in an area in which the Constitution specifically and intentionally gives Congress wide discretion. Reauthorization of the Voting Rights Act received near unanimous support in both houses of Congress just a few years ago, and was signed into law by President Bush. Today’s decision is a blatantly inappropriate exercise in legislating from the bench. Conservatives who have spent decades decrying judicial activism should take note.
“In two separate cases yesterday, Justice Ginsburg called on Congress to fix the damage done by decisions handed down by our nation’s highest court. That need is even greater today. Congress should move quickly to enact a coverage formula under Section 4 to protect voters whose right to participate in our democracy was badly undermined today. The American people deserve no less.”
Yesterday the Missouri House of Representatives gave first-round approval to a proposal requiring voters to present valid, government-issued photo identification in order to vote. As it did in a failed attempt in 2012, it includes both a constitutional amendment permitting a requirement for voter identification (which would be placed on the 2014 ballot) and legislation restricting the types of identification that can be shown at the polls. This change would have a disproportionate impact on African Americans, the elderly, low-income people, people with disabilities, and students, who are twice as likely to lack the required ID.
Reverend Isaac McCullough of St. Louis, MO, a member of People For the American Way’s African American Ministers in Action, issued the following statement:
“Faith leaders in my state worked hard in the months leading up to November to get our communities to the polls. It is disheartening to see that some of our Representatives yet again want to discourage, rather than encourage, people from voting. Suppressive voter ID laws fall especially hard on people who are already marginalized, threatening to keep many Missourians from the polls in future elections. That’s not what our democracy is supposed to be about. As faith leaders, we have fought hard to protect the right to vote – and we are not about to give up that fight anytime soon.”
In his State of the Union address last night, President Obama used his bully pulpit to ensure that the critically important issue of voting rights is securely on the agenda in 2013. Calling it “our most fundamental right as citizens,” the President announced the formation of a non-partisan commission focused on improving our country’s system of voting.
One woman who was undoubtedly pleased to hear this news was 102-year-old Desiline Victor of Miami, seated in the House visitors’ gallery, who had waited in line for hours to cast a ballot in November’s election. President Obama noted that the country should follow her determined example: “As time ticked by, her concern was not with her tired body or aching feet, but whether folks like her would get to have their say,” he said.
After all, that is the issue at the core of a working democracy: whether folks get to have their say.
Leading up to the election, our affiliate People For the American Way Foundation’s leadership programs witnessed and stood up to efforts across the country – ranging from unnecessary registration obstacles to early voting restrictions – to suppress the votes of those who have traditionally been disenfranchised: communities of color, low-income communities, and youth. In the past two years alone, more than 65 suppressive voter ID bills were introduced in 34 states.
That’s why it is important that President Obama made it clear last night that he is serious about addressing the problems in our election system. With increased access to early voting and an end to discriminatory voter ID laws, we can ensure that all Americans “get to have their say” at the polls.
Cleveland, Ohio – Ohio members of People For the American Way Foundation’s African American Ministers Leadership Council urged Ohio Secretary of State Jon Husted to drop his attempt to disenfranchise Ohio voters who cast provisional ballots. Three days after the election, tens of thousands of provisional ballots remain uncounted. Secretary Husted attempted last week to change the rules for counting provisional ballots, making it more likely that ballots would be invalidated, and the rule change is currently being considered by a federal judge.
“Voting is over and most of the races have been called, but this election won’t be completed until every vote is counted,” said Rev. Tony Minor of Cleveland, Ohio Coordinator of the African American Ministers Leadership Council. “Every single person who shows up to vote on Election Day should be confident that their vote will be counted and their voice will be heard. Secretary Husted is trying to throw up last-minute barriers in an effort to stop some of these votes from counting. That’s undemocratic and unacceptable.”
Yesterday, Husted reportedly floated the idea of dividing Ohio’s electoral votes by congressional district in the future, making it possible that the winner of the popular vote in Ohio would not receive the majority of the state’s electoral votes.
“Secretary Husted’s job is to help Ohioans vote and to guarantee that our votes count,” added Rev. Minor. “Instead, he’s fighting in court to suppress this year’s votes, and planning how to make Ohioans’ votes count less four years from now. Sec. Husted should know that every person who turned out to vote in Ohio on Tuesday is invested in our political process, and we will continue to fight for our voting rights.”
In the last few weeks and months we’ve already seen the Right employ some outrageous dirty tricks to suppress the vote.
The job of election officials should be to make sure every eligible voter who shows up to cast a ballot can do so and have that vote count. But we’ve seen numerous right-wing secretaries of state and county election supervisors instead take it upon themselves to act as partisan operatives, placing their thumb on the scale to benefit their party’s candidates. And right-wing political operatives and activists have been using various tools to confuse, misinform and intimidate voters.
This is just what we’ve seen so far. Who knows what we’ll see in the final days leading up to Election Day and on Election Day itself!
Here are the Top 11, in no particular order:
In addition to the voter suppression tactics on this list, instances keep popping up of voters receiving confusing or incorrect voting information from state voting authorities. We’re not listing it as a dirty trick because there’s no evidence of intent to disenfranchise, the states simply claim incompetence, and these are primarily the same states – run by Republicans – that have just had major changes to voting requirements. But the result for voters is the same, and we’ll let you draw your own conclusions.
And finally, we urge the Department of Justice to keep a close eye on this election, both to prevent voter suppression and to make sure votes are counted properly. There have been widespread problems with certain types of electronic voting machines and vote counting machines reported over several election cycles. In this election, there’s an appearance of severe impropriety in that many voting machines, including many used in the all-important swing state of Ohio, have been provided by a company that is essentially part owned by Tagg Romney as well as some of the largest donors to Mitt Romney’s presidential campaign.
Democracy should be free of the suspicion created by the corporate entanglements of the business interests of candidates, their families or their closest supporters.
Read more about the Right’s campaign to keep millions of Americans from the ballot box here.
And help PFAW overcome the Right’s dirty tricks to STOP Mitt Romney, Paul Ryan and extremist Tea Party candidates at every level with a donation today.
Eagle Forum’s Phyllis Schlafly believes that Al Franken never would have been elected to the U.S. Senate in 2008 if Minnesota had a voter ID law and that there is now “reason enough for the U.S. Senate to use its constitutional power in Article I, Section 5 to unseat Franken.” Franken won by a mere 225 votes against incumbent Norm Coleman, but Schlafly says in her latest column that it's because felons cast illegal votes to push him over the top and that only Voter ID laws, which she claims are beloved by minorities, can remedy the situation.
Schlafly cited a report by the right-wing organization Minnesota Majority; however, the study has been largely dismissed as “frivolous” by experts, who also note that voter ID laws will do nothing to stop convicted felons from voting illegally and that the report’s “data include cases associated with the 2010 election, and are not limited to cases involving felons who voted illegally.” People For the American Way’s report The Right to Vote Under Attack also observes that Minnesota’s “Supreme Court wrote in its decision affirming Franken’s victory that neither Franken nor his opponent claimed voter fraud took place and ‘found no allegations or evidence of fraud or foul play and no evidence to suggest that the Election Day totals from the precinct are unreliable.’” Not to mention, how would Schlafly know that nearly every single felon who voted in Minnesota supported Franken?
As we approach a major national election, we hear warnings about many kinds of vote fraud and possible recounts that might delay confirmation of who are the victors. We also hear from deniers who insist that vote fraud is a figment of the imagination of Republicans. It isn't; vote fraud is real.
Many instances of registration fraud schemes were carried out by ACORN, and some members were even tried and convicted. Although ACORN announced it was closing its doors, it reemerged under new names.
It's common knowledge that there are more registered voters in Philadelphia than there are people living in Philadelphia, because dead and moved-away voters have not been stricken from the list. Similar accusations have been made in a dozen other states. In Minnesota, we were entertained for weeks with news of the recounting of votes in the 2008 Minnesota election for U.S. Senate. Al Franken was declared the winner by 312 votes out of three million cast.
After all was said and done, Minnesota discovered that 289 convicted felons had voted illegally in Hennepin County, 52 had voted illegally in Ramsey County, and many others voted illegally who were dead or who voted multiple times. That is reason enough for the U.S. Senate to use its constitutional power in Article I, Section 5 to unseat Franken.
Minorities are actually among those most eager to implement photo ID. Former Atlanta Mayor Andrew Young said, "You cannot be part of the mainstream of American life today without a photo ID." The sponsor of Rhode Island's photo ID law was Harold Metts, who is the only African-American in the state senate.
Just think of all the many occasions when we all must show photo ID: when stopped by the police for a traffic violation, to make a credit card purchase, to check in for any medical treatment, to check into a hotel room, or to board an airplane. Isn't it just as important to assure that only American citizens are allowed to vote, and to prevent non-citizens from canceling out your vote, and to prevent crooks from voting twice or voting in the name of a dead person who is still registered?
When your vote is nullified by illegal votes, you are cheated just as much as if you were denied the right to vote.
Cleveland, Ohio – Ohio members of People For the American Way Foundation’s African American Ministers Leadership Council praised a U.S. Supreme Court ruling today that ensures Ohio polls will remain open in the three days prior to November’s election. The state legislature eliminated early voting in the weekend before the election despite the fact that over 90,000 Ohioans had taken advantage of that period to vote in 2008. Ohio’s Secretary of State appealed a lower court ruling reinstating the early voting period to the Supreme Court.
“This is a great victory for voting rights, and for voters, in Ohio,” said Rev. Dr. Tony Minor of Cleveland, Ohio Coordinator of the African American Ministers Leadership Council. “Weekend voting in the days before the election was an unmitigated success in 2008, helping to increase turnout and reduce long lines. But some of our elected leaders saw this great success as a failure, and worked hard to make sure it wasn’t repeated. Their efforts to restrict turnout – especially among African Americans – weren’t just wrong, they were unconstitutional. Community and church leaders will take advantage of this restored early voting period to not only repeat, but expand the voter turnout success of 2008.”
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.
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