Here’s a round-up of last week’s Right Wing immigration hysteria:
Judicial vacancies slow down courts’ work, drive up litigation costs, cause evidence to go stale, make it harder to settle civil cases, and even pressure defendants into pleading guilty, according to a report released this week by the Brennan Center. The report cites example after example of how not having enough judges erodes our nation’s system of justice. Everyone counts on having their day in court, a fundamentally American principle that is threatened by persistent vacancies. The report quotes Chief Judge William Skretny of New York’s Western District:
We don’t neglect the Seventh Amendment, the right to a civil trial. But we tell people, if this is what you want to do, it will take time to get there.
Heavier caseloads and backlog created by vacancies also take a toll on judges, reducing the amount of time they have to spend on each case.
Chief Judge [Leonard] Davis in the Eastern District of Texas described the situation in his district as “simple math.” With more cases “you have less time to give to [an individual] case,” he explained. “It affects the quality of justice that’s being dispensed and the quantity of work you can complete,” he added.
[Judge Davis] also highlighted the impact of the Sherman vacancy on the timing of sentencing. “It’s a hardship for the litigants,” he explained. “Due to the backlog and [the] vacancy [in Sherman], we have a very high population of criminal defendants, about 200, sitting in county jails, having pled guilty and waiting for sentences. They can’t get their cases processed.” He noted that inmates are typically housed in a county jail because there are no federal facilities available, which is more costly for the government and leaves inmates with fewer work and educational opportunities. “That’s not fair to [the inmates] and adds a great deal of unnecessary cost by having to house them for so long in county jail holding facilities,” he said.
As the report makes clear, vacancies have real impacts for all citizens. This is why PFAW supports the speedy confirmation of qualified judicial nominees to federal courts. Filling judicial vacancies with quality judges will reduce backlogs and costs while allowing the judicial system to better serve all Americans. Maintaining the third branch is one of the most important constitutional functions that the Senate performs.
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As we’re dealing with the refugee crisis on the southern border, right-wing elected officials have amped up their inappropriate, inflammatory rhetoric to dehumanize immigrants and attack immigration reform:
Of course, elected extremists aren’t the only ones making outrageous statements:
The Right Wing's inflammatory rhetoric distorts the reality of the crisis, causing more conflict and damage.
Andrew Gillum is the Director of Youth Leadership Programs at People For the American Way Foundation.
Julián Castro, current mayor of San Antonio, was just confirmed in the Senate by a 71-26 vote to lead the Housing and Urban Development Department. Castro, one of the earliest members of People For the American Way Foundation’s Young Elected Officials Network, is the first to become a Cabinet member.
I remember meeting Julián at our very first YEO convening in 2006, and being impressed with his passion to serve and better his community in Texas. We are incredibly proud of Julián and excited to see what he’ll accomplish in this new position. His proven leadership in fostering urban revitalization and economic growth make him a natural fit for this position, where he will be able to combat homelessness and help secure access to affordable, quality housing for more Americans.
Julián’s confirmation yesterday demonstrates how supporting young elected officials in our movement can reap tremendous results. I often say that YEOs are the state and local leaders of today as well as the national leaders of tomorrow. While Julián will be the first (former) YEO member to serve in a cabinet level post, I am sure he won’t be the last.
In the famously red state of Texas, Republican state legislator Jason Villalba of Dallas last week offered a frank assessment of the crossroads at which his party finds itself.
[T]he time has come closer when we will see the sleeping giant [of the Hispanic electorate] awaken and it will make a tremendous difference in our ability to win elections if we cannot win the votes of our fellow Hispanics.
Even as the country rapidly becomes more diverse, the GOP has clung to its strategy of alienating Latinos, African Americans, women, and LGBT people with an endless barrage of outrageous statements and discriminatory policies.
As some Republican leaders, like Villalba in Texas, are noting, this tactic isn’t good for the GOP. Demographic changes, though small on the surface, could have major political impacts, particularly in swing states, that will make it harder and harder for Republicans to win important elections.
In Texas alone, analysts are projecting a two percent increase in the Latino electorate for the 2016 election cycle compared to 2012. That kind of increase is still relatively minor in Texas, but a similar shift could make a crucial difference in swing states like Florida, Colorado, and Nevada. As GOP pollster Whit Ayres notes
Changing the demographics of the state by two percentage points puts a finger on the scale in each of the swing states for the party that’s doing well among Hispanics. This underscores the critical importance for Republican candidates to do better among nonwhite Americans, particularly among Hispanics, if Republicans ever hope to elect another president.
Some far right activists argue that the GOP can win by increasing its share of the white vote, but the numbers don’t bear that out. As Resurgent Republic noted, “every month for the next two decades, 50,000 Hispanics will turn 18.” Without appealing to those voters, Republicans face a steep climb to victory in any national race—and a quick journey to minority party status.
No wonder the party is so fond of strict voter ID laws, restricted early voting opportunities, and proof of citizenship laws to deter certain people from coming out to vote.
In another win for the marriage equality movement, today U.S. District Judge Orlando Garcia struck down Texas’ ban on marriage for same-sex couples. The judge wrote that "Texas' current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason.”
The Washington Post reports:
U.S. District Judge Orlando Garcia did not say gay marriages could be performed immediately. Instead, he stayed the decision, citing a likely appeal.
"Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution," Garcia wrote in his decision. "These Texas laws deny Plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex."
Similar bans have been struck down in states across the country – most recently in Virginia less than two weeks ago. Today’s victory in a state with a whopping 26 million residents brings us one important step closer to nationwide marriage equality.
PFAW’s 2012 report, “Predatory Privatization: Exploiting Financial Hardship, Enriching the One Percent, Undermining Democracy,” included a section titled, “The Pernicious Private Prison Industry.” We reported that across the country, private prisons were often violent, poorly run facilities that put prisoners, employees and communities at risk even while failing to deliver on promised savings to taxpayers. But state legislators, encouraged by ALEC and by private prison interests’ lobbying and campaign expenditures, continued to turn prisons over to private corporations, often with contract provisions that acted as incentives for mass incarceration.
A new story in Politico Magazine, “The Private Prison Racket” comes to the same conclusions. “Companies that manage prisons on our behalf have abysmal records,” says author Matt Stroud. “So why do we keep giving them our business?”
The Politico story slams “bed mandates” – guarantees given by states to private companies to keep prisons full. Contracts like that build in incentives for governments to lock people up – and punish states financially when they try to reduce prison populations.
Politicians are taking notice. Last month, In the Public Interest reported that reality has turned the tide against private prisons: “Coast-to-coast, governments are realizing that outsourcing corrections to for-profit corporations is a bad deal for taxpayers, and for public safety.” The dispatch cited problems with private prisons in states as diverse as Arizona, Vermont, Texas, Florida, and Idaho, where Gov. Butch Otter, a “small government” conservative, announced last month that the state would take control of the Idaho Correctional Center back from private prison giant Corrections Corporation of America due to rampant violence, understaffing, gang activity, and contract fraud.
But the huge private prison industry is not going away anytime soon. As In the Public Interest notes:
All of this momentum does not suggest the imminent death of the for-profit prison industry. Some states, including California and West Virginia, are currently gearing up to send millions more to these companies. But the past year has been a watershed moment, and we are heading in the right direction. In light of these developments, these states would be wise to look to sentencing reform to reduce populations, rather than signing reckless outsourcing contracts.
The arguments against private prisons are myriad and compelling. Promised savings end up as increased costs. Lockup quotas force taxpayers to guarantee profits for prison companies through lock up quotas hidden in contracts. They incentivize mass incarceration while discouraging sentencing reform in an era when crime rates are plummeting.
But more than anything else, the reality of the disastrous private prison experiment has turned the public against the industry.
In June, the Supreme Court struck down the key enforcement mechanism of the Voting Rights Act of 1965, which mandated Justice Department review of election law changes in states and counties with a history of voting discrimination.
The state of Texas responded almost immediately by going ahead with an arduous photo ID requirement that had until the Supreme Court’s decision been blocked by federal courts.
As the Justice Department and voting rights advocates feared, Texas’ law, which went into effect on Monday, is already keeping qualified people from registering to vote. So far, only 41 of the 1.4 million people who lack an eligible voter ID have obtained a substitute “election identification certificate.” But the new requirement isn’t just preventing people who don’t have certain forms of ID from registering to vote – it’s also threatening to disenfranchise women who changed their names when they married.
Policy Mic notes that the Texas law “requires all voters to provide a photo ID that reflects their current name. If they cannot, voters must provide any of a series of other acceptable forms of identification all of which must match exactly and match the name on their birth certificate." This presents a problem for the 34 percent of women who lack an ID that shows their current name, including those who changed their names when they married:
In fact, only 66% of women have an ID that reflects their current name. If any voter is using name different than what appears on their birth certificate, the voter is required to show proof of name change by providing an original or certified copy of their marriage license, divorce decree, or court ordered name change. Photocopies aren’t accepted.
Now ask a woman who’s been married for years where her original marriage certificate is. Ask a woman who’s been divorced — maybe more than once — where all the divorce decrees are. Ask elderly women where their original birth certificate is.
Today, Think Progress reports on one Texas woman caught in this trap: a state district court judge who has been voting for nearly 50 years but whose registration was almost blocked because her drivers’ license lists her maiden name as her middle name, while her voter registration form did not:
As she told local channel Kiii News, 117th District Court Judge Sandra Watts was flagged for possible voter fraud because her driver’s license lists her maiden name as her middle name, while her voter registration form has her real middle name. This was the first time she has ever had a problem voting in 49 years. “What I have used for voter registration and for identification for the last 52 years was not sufficient yesterday when I went to vote,” she said.
Watts worried that women who use maiden names or hyphenated names may be surprised at the polls. “I don’t think most women know that this is going to create a problem,” the judge said. “That their maiden name is on their driver’s license, which was mandated in 1964 when I got married, and this. And so why would I want to use a provisional ballot when I’ve been voting regular ballot for the last 49 years?"
The Justice Department is currently suing Texas over the law and asking a federal court to require preclearance in the future, under a section of the Voting Rights Act not affected by its recent ruling.