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Supreme Court Review of ACA Case Muzzles the DC Circuit

Since the Roberts Court took the ACA subsidies case, other courts likely won't have a chance to join the 4th Circuit in exposing how weak and political the case is.
PFAW Foundation

Report: In Key Races, Margin of Victory Came Close to ‘Margin of Disenfranchisement’

In 2012, People For the American Way Foundation published a memo highlighting many of the legislative and administrative tactics states were using to undermine voter participation in elections, all under trumped-up claims of “voter fraud.”

Now according to a new Brennan Center report, recently-enacted restrictive voter laws may have helped tip the scales in the 2014 midterm elections this past Tuesday. A number of states around the country have implemented restrictions to voting, including new voter ID laws, cuts to early voting, and faulty voter purges. These changes have been found to have a negative impact on low-income voters, minority communities and young voters.

As quoted in a Mother Jones article yesterday, report author Wendy Weiser pointed out, "In several key races, the margin of victory came very close to the likely margin of disenfranchisement." One example from the article:

North Carolina Senate: Republican House state speaker Thom Tillis beat incumbent Democratic Sen. Kay Hagan by 48,000 votes.

In 2013, North Carolina enacted a law—which Tillis helped write—limiting early voting and same-day registration, which the Justice Department warned would likely depress minority turnout. During the last midterms in 2010, about 200,000 North Carolinians cast their ballots during early voting days that the state's new voting law eliminated.

To read more about the attack on voters and how you can help fight back, check out The Right To Vote section on our website.
 

PFAW Foundation

Getting Out the Youth Vote in the Midterms

With elections for tight races all across the country just a few days away, People For the American Way Foundation’s Young People For (YP4) program is pulling out all the stops to help young voters get to the polls and cast their vote this November 4.

As overreaching new voter ID laws threaten to stifle the voices of Americans in a number of states, getting out the vote has never been more critical. YP4 Fellows and alumni have been working hard to ensure that students, people of color, women and other underrepresented communities get their equal say in our democratic system. Our 25 YP4 Vote Organizers are spread across the country in 15 states, working to conduct community outreach, voter engagement, and volunteer recruitment to help mobilize their communities to vote.

Throughout this year, YP4 activists have also advocated for resolutions to enfranchise student voters and increased the number of young registered voters by over 2,000 through dozens of trainings and events.

YP4 has dedicated itself this election cycle to helping young leaders make informed and motivated voters out of those who are routinely overlooked by politicians. In a year in which some lawmakers have sought to discourage voter turnout, campaigns like YP4’s ARRIVE WITH 5 initiative, which encourages voters to bring five or more friends to the polls, help shape a government that actually represents the governed.

The midterm election is no time to stay at home. In a campaign season of extremely narrow races, each and every vote has an impact. We can only make our democracy work for everyone when all Americans are encouraged to engage in civic life and realize what a real difference their voices can make.

PFAW Foundation

John Roberts, Calling Strikes and Strikes

Allowing Texas to enforce a voter ID law found to be intentionally discriminatory suggests the "umpire" takes sides.
PFAW Foundation

Fifth Circuit's Voter ID Decision Shows the Attitude of Bush's Judges

What is the public interest in enforcing a voting law that was found to have been passed with the intent to discriminate?
PFAW Foundation

Did a Nevada Federal Judge Let Personal Beliefs Affect His Marriage Ruling?

Why did the federal district judge who'd upheld Nevada's marriage ban remove himself from the case when the 9th Circuit ordered him to implement its pro-equality decision?
PFAW Foundation

Texas Judge Could Teach the Roberts Court a Thing or Two

A Texas federal judge strikes down that state's restrictive voter ID law as intentionally discriminatory.
PFAW Foundation

Marriage Bans Overturned in Idaho and Nevada

Yesterday, a three-judge panel of the 9th Circuit Court of Appeals ruled unanimously in favor of equality, striking down same-sex marriage bans in Idaho and Nevada.

Judge Stephen Reinhardt delivered the ruling for the panel, which applied heightened scrutiny because the bans are applied on the basis of sexual orientation, and concluded that the state laws violate the equal protection rights of lesbians and gays who wish to marry. The court took note of the particular harm marriage bans impose on families:

“To allow same-sex couples to adopt children and then to label their families as second-class because the adoptive parents are of the same sex is cruel as well as unconstitutional. Classifying some families, and especially their children, as of lesser value should be repugnant to all those in this nation who profess to believe in ‘family values.’”  

The ruling follows the Supreme Court’s refusal to hear the appeals of five states seeking to reverse similar cases in which a lower court ruled state marriage bans unconstitutional. This morning, however, Supreme Court Justice Anthony Kennedy temporarily blocked the appeals court ruling and asked for a response from the plaintiffs involved in Idaho’s marriage lawsuit by Thursday at 5 pm. 

PFAW Foundation

Another Nail in the Coffin for Baker v. Nelson

The Supreme Court's decision not to hear marriage equality appeals may have an important substantive effect on the law.
PFAW Foundation

Supreme Court Action on Marriage Cases Is No Surprise

In last month's Supreme Court Term Preview, PFAW Foundation explained why most Justices might very well want to avoid taking the then-pending marriage cases.
PFAW Foundation

The Roberts Court vs. Ohio Voters

Bad news for early voting in Ohio, thanks to the Roberts Court.
PFAW Foundation

A State-by-State Round-Up of Voting Rights Today

More than a year ago, the Supreme Court dealt a major blow to voting rights when they struck down a key provision of the Voting Rights Act in their Shelby v. Holder decision. In the wake of this decision, nine states and many other counties that once had to have their voting law changes approved by the federal government before they took effect — what’s known as “preclearance”— no longer have to do so. With the midterm elections rapidly approaching, where does that leave voters in the preclearance states and in other states where legal battles over voting laws are raging?

Yesterday ProPublica published a great round-up of the current landscape of voting rights across the country. Some of the lowlights included:

• Seven preclearance states have announced new restrictions since the Supreme Court rolled back the Voting Rights Act.
• [In 2012], a federal court called Texas's photo ID law [the] “most stringent in the country.” Now, it’s in effect.
• Two months after the Supreme Court ruling on the Voting Rights Act, North Carolina cut early voting and eliminated same-day registration.

ProPublica notes that while glaringly discriminatory barriers like literacy tests are behind us, these legal changes matter a great deal. As voting rights advocates have demonstrated, voter ID laws, limitations on early voting, and voter roll purges disproportionately harm communities of color and other marginalized groups. Rather, Americans agree that no one should be facing barriers to casting a ballot and participating in our democracy.

You can read the full article here.

 

PFAW Foundation

7th Circuit Says Arguments Against Marriage Equality "Cannot Be Taken Seriously"

Reagan judge Richard Posner concludes that the argument against marriage equality "is so full of holes that it cannot be taken seriously."
PFAW Foundation

Court Restores Voting Opportunities for Ohioans

Today, the judicial system worked exactly as intended, protecting Americans' right to vote.
PFAW Foundation

Louisiana's Marriage Ban Is Upheld By Judge Citing "Lifestyle Choices"

A judge nominated by Ronald Reagan in 1983 writes an opinion that is a throwback to that earlier and less equal time.
PFAW Foundation

Voter Registration in Ferguson Inspires Rather Than Disgusts

This post was originally published at the Huffington Post. 

On August 9, I don't believe 18-year-old Michael Brown, Jr. woke up in the morning thinking he would not see the evening sun, his family or friends, the end of the day that started with hope and promise. That morning, I don't believe Officer Darren Wilson left for work knowing his tragic encounter with an unarmed young African American male, who he would shoot and kill, would be the spark that ignited the flame that has been slowly burning in the city of Ferguson - the need for change.

In the wake of the fatal police shooting of unarmed teenager Michael Brown, Jr. in Ferguson, Missouri, community members and civil rights activists are proactively turning pain into power by praying, marching, meeting and yes, registering people to vote -- a move that the leader of the Missouri Republican Party, Matt Wills, said this week was "not only disgusting but completely inappropriate."

What is disgusting is that type of commentary and thinking! What is disgusting is for anyone to say, as Wills did, that "injecting race into this conversation and into this tragedy, not only is not helpful, but it doesn't help a continued conversation of justice and peace."

Is that leader aware or in denial of the Missouri Attorney General's 2013 report on racial profiling which shows that out of 5,384 Ferguson Police Department stops, 4,632 were of African Americans? That's disgusting and "completely inappropriate."

Is he aware or in denial that of the 521 arrests made during the report period, 483 were of African Americans? That out of 2,489 stops for moving violations, 1,983 were of African Americans? Shame on that leader and those who are "disgusted" by the simple act of voter registration drives to bring "light into darkness"!

In the shadow of Michael's death and the ensuing protests, I cannot imagine a more profound, inspiring response than voter registration. Justice and peace are close companions of democracy. Conducting voter registration drives at any time -- but especially at this time in a "sick and tired of being sick and tired" city that had just 12 percent turnout in this year's municipal election, 11.7 percent turnout in 2013, and 8.9 percent in 2012 -- is a critical way to address this as both a personal tragedy and a systemic tragedy.

It is not "disgusting" but deserving of those who live in a place that lacks diversity in local government, from the city council to the school board to the police department.

With deep condolences to the parents of Michal Brown, Jr. -- not wanting to "politicize" his death or exploit a grieving family who is calling for justice for the one who left out on Saturday morning and will never return -- what better way to honor them than by sowing the seeds of long-term, much needed change? Even from where I am in Washington, DC, I feel the urgency of the call for change in the homes, neighborhoods, businesses, and community of Ferguson.

The world has watched the dehumanization of a mother's child, police with military-grade gear tear-gassing protesters, journalists arrested and assaulted, and the response of helplessness and frustration that many community members must feel toward elected officials from City Hall to the halls of Congress. As Simon Maloy from Salon put it, "a week's worth of unrestrained police crackdowns...with the blessing or tacit approval of political leaders...will tend to erode whatever trust one has left in the people in charge."

So those of us who are watching should applaud, not complain about or attack, a community that turns a lack of trust in its elected officials into a movement for change.

We should applaud and not attack an inspiring vision for a different future for the rest of Michael's siblings, family and friends -- one in which the local officials are responsive to the needs of the entire community, and better reflect the community's diversity. Be "disgusted" by the city's racial profiling data. Be "disgusted" by the predicament of "driving while Black." Be "disgusted" by efforts to suppress voter participation, in Ferguson and around the country as some have "dusted off Jim Crow tactics" trying to stand in the way of men and women, youth and elder, unemployed and employed, determined to exercise their most fundamental right as citizens.

As the leader of a national alliance of African American faith leaders, I work every day with people who are often part of the first responders to tragedies like this, who walk with the family, who eulogize the deceased and who also organize, connect, and empower. They know the face of systemic injustices and of elected leaders who want to make it harder, rather than easier, for certain communities to participate in our democracy. To make the leap from pain to a promise of peace is a difficult step, but thank goodness for those who are taking it.

As one St. Louis faith leader said, pointing at a voter registration tent set up on a Ferguson street by a local woman and her daughter: "That's where change is gonna happen."

Believe is my favorite word. I truly believe "a change is gonna come." After the protests end, after the national cameras leave, after the marchers from east to west return to their homes, neighbors, and communities, there will be follow-up, there will be change.

Registering, educating and getting out the vote is not "disgusting" or "completely inappropriate." What is "disgusting" and "completely inappropriate" is not responding effectively, productively, and positively to suppression and oppression.

As I read about the homegoing (funeral) service planned for next week, I pause and pray for the family and people of Ferguson. What next comes to mind for Michael Brown, Jr. and for change in Ferguson, is: be inspired -- register and vote! For Michael's parents, Lesley McSpadden and Michael Brown, Sr. and for change in Ferguson: be inspired -- register and vote! For all those who loved "Big Mike," and all the other unnamed youth who have died to "justifiable" or "legal interventions" by law officers and know that Ferguson deserves change: be inspired -- register and vote for justice and for the fulfilled promise of peace!

PFAW Foundation