voter ID

Don’t Believe the Right’s Propaganda on the Supreme Court

With everyone talking about the retirement of Justice David Souter, the Radical Right’s propaganda machine is set to max.

Right Wing Watch is reporting on the Right’s reaction.  One of the more laughable claims comes from Wendy Long of the Judicial Confirmation Network:

The current Supreme Court is a liberal, judicial activist court.  Obama could make it even more of a far-left judicial activist court, for a long time to come …

Calling the current Court liberal is like calling Mitt Romney consistent – you can’t say it with a straight face.  In fact, no less an authority than Justice John Paul Stevens has pointed out that “every judge who’s been appointed to the court since Lewis Powell has been more conservative than his or her predecessor,” with the possible exception of Justice Ginsburg.

But, for the sake of argument, let’s review some of the highlights of the current “liberal” Supreme Court.

In order to achieve their desired ideological results, the Far Right justices have recklessly toppled precedents, or even ignored them while pretending not to, with alarming frequency.  For example, the restrictive federal abortion ban upheld by the Roberts Court was essentially identical to one the Court had struck down before Roberts and Alito joined the bench.  Unfortunately, extreme Right Wing ideology trumped the rule of law.

Voting rights have also come under attack.  The Roberts Court upheld the constitutionality of the most restrictive voter ID law in the country, an Indiana law requiring people to present a currently valid, government-issued photo ID in order to vote.  This imposes a substantial burden on the elderly who don’t drive, college students, and the poor who don’t own cars.  Indiana was unable to identify a single case of in-person voter fraud occurring in its history.  That didn’t stop the Roberts Court from upholding a restriction that kept many Americans from being able to go to the polls on Election Day and cast a vote.

Even our very access to the courts has come under attack from the “liberal” Supreme Court.

Lilly Ledbetter was a victim of sex discrimination effectively barred from the courthouse.  Late in her career, she learned that she had, over the years, been subjected to salary discrimination on the basis of her sex, and she sued.  A jury found that she had been illegally discriminated against.  Yet a 5-4 Right Wing majority held that she should have sued within 180 days of the initial discriminatory conduct—even though she didn’t learn that she was being discriminated against for more than a decade.

The Court also closed the courthouse door in Riegel v. Medtronic, holding that patients injured by a defective medical device cannot sue for damages for violations of state common law if it was approved for marketing by the Food and Drug Administration and made to the agency’s specifications.  To reach this result, the Court had to interpret a federal law in a manner directly contrary to how its Senate sponsor said it was intended.

Keith Bowles was yet another victim denied his day in court.  After Bowles was denied relief in federal district court, the judge informed him that he had 17 days to file an appeal.  Unbeknownst to him, the rules really gave him only 14 days.  So when Bowles, relying on the federal judge, filed on day 16, a narrow 5-4 Supreme Court majority said that he had filed too late.  In so doing, the Court majority overruled clear and principled precedent that protected people in his situation.  In dissent, Justice Souter correctly wrote that “it is intolerable for the judicial system to treat people this way, and there is not even a technical justification for this bait and switch.”

The danger from right-wing justices was clear in Boumediene v. Bush, a case related to the then-President’s claim of virtually unlimited executive powers to conduct the war on terror.  The case involved the constitutionality of the Military Commissions Act of 2006, which eliminated federal court jurisdiction over habeas corpus claims by certain foreign detainees.  The Court rebuked President Bush’s vision of the presidency as an office of limitless power and declared that the president of a free nation cannot simply lock people up and throw away the key like some third-world dictator.  Chillingly, with Chief Justice Roberts and Justices Alito, Scalia, and Thomas dissenting, the case was decided by a single vote, 5-4.  One more hard-right justice on the Court, and the decision would likely have gone the other way.

That’s why it’s crucial to have justices who are committed to our core constitutional values of justice and equality under the law.

It is of the utmost importance that Justice Souter be replaced by a powerful advocate for our Constitution—a justice in the mold of great jurists like Thurgood Marshall and William Brennan.  Our nation cannot afford anything less.

PFAW

Stop Voter ID in Texas

The New York Times editorial board probably didn’t write their piece today directly in response to a vote in the Texas State Senate yesterday, but they might as well have. 

From the NY Times editorial:

In last year’s presidential election, as many as three million registered voters were not allowed to cast ballots and millions more chose not to because of extremely long lines and other frustrating obstacles. Ever since the 2000 election in Florida, the serious flaws in the voting system have been abundantly clear. More than eight years later, Congress must finally deliver on its promise of electoral reform.

At a hearing last week, the Senate Rules Committee released a report sponsored by the Massachusetts Institute of Technology on the sorry state of voting. It said that administrative barriers, such as error-filled voting lists or wrongful purges of voter rolls prevented as many as three million registered voters from casting ballots. Another two million to four million registered voters were discouraged from even trying to vote because of difficulty obtaining an absentee ballot, voter ID issues and other problems.

More on the voter ID bill from the Dallas Morning News:

Senate Republicans pushed through a bill Tuesday that would require Texans to show a photo ID or two alternative IDs before voting, while Democrats shifted their efforts to derail the legislation to the House.

The measure, commonly referred to as "voter ID," was approved 19-12, with all Senate Republicans voting for the bill and all Democrats voting against it. A final vote will be required Wednesday before the proposal is sent to the House.

As if we need any extra barriers to an already broken system.

The article goes on to say that there’s a 50-50 chance of passage in the House. There are 76 Republicans and 74 Democrats in the House. That means your calls and advocacy are crucial. If you’re a Texas resident, make sure to call your representative and tell them that to stop this thinly-veiled attempt to keep certain kinds of voters – voters who wouldn’t vote for them – away from the polls.
 

PFAW

Putting the Justice back in the DOJ

In Washington, we're hearing rumblings that the Right may be looking to start a fight over Attorney General nominee Eric Holder, whose confirmation hearing will be in early January. It's tough to imagine the kind of audacity it would take to challenge Holder's nomination after Attorneys General Ashcroft and Gonzales.

After eight years of being dominated by politicization, cronyism and extremism, the Department of Justice is in desperate need of a good housecleaning. The Department, like the Attorney General, is supposed to defend the rule of law and Americans' constitutional rights. But under the Bush administration, the DOJ has been used as a weapon against constitutional values, used to fight the administration's ideological and political battles.

In the wake of 9/11, John Ashcroft's Justice Department led the Bush administration's relentless assault on civil liberties. The DOJ was on the forefront of the draconian expansion of surveillance and police powers, and contributed heavily to post-9/11 era of extreme government secrecy. Career lawyers at the DOJ were subtly -- and not so subtly -- pushed out in favor of attorneys more politically and ideologically aligned with the administration. The Civil Rights Division was completely politicized and instead of using its resources to protect voters' rights (by enforcing the Voting Rights Act among other things), the DOJ waged an attack on voting rights by supporting disenfranchising policies like Georgia's restrictive voter ID law. The Department also exploited the 'widespread voter fraud' myth for politically motivated witch hunts -- part of a larger trend of selectively targeting political and ideological opponents for investigation and prosecution.

And how can we forget the Gonzales era at the DOJ! The Attorney General is supposed to be the people's lawyer, but Gonzales was more the president's bag man. The problems that existed under Ashcroft continued or got worse. As more and more news came out about the NSA's illegal warrantless spying on Americans, the torture of U.S. detainees, legally questionable military tribunals and other subversions of the rule of law, we found out that the DOJ had expressly signed off on these administration policies and in some cases even supplied the legal and intellectual underpinning out of the Department's Office of Legal Counsel (OLC). And when a scandal broke over the firing of U.S. attorneys, it became clear exactly how politically motivated hiring and firing practices had been at the DOJ, which evidently was staffed with a disproportionate number of graduates of Pat Robertson's law school (including one of the people tasked with the hiring/firing)!

Attorney General Mukasey has been arguably better than his two predecessors, but following the records of Ashcroft and Gonzales, that's not very hard. Eric Holder is a stellar choice: smart, capable and able to lead the DOJ in a new direction. But he will have his work cut out for him and he'll need help from people like you and me. First, we need to make sure he's confirmed, and that could mean a campaign to defeat whatever attacks right-wing senators throw at him. Then, because of the politically skewed hiring practices, he's going to need the support of the people to make dramatic changes at one of the government's most important agencies.

For eight years, the Department of Justice -- a government agency with a rich history of enforcing civil rights and the rule of law -- has served the worst ideological and partisan impulses of the Bush administration. The era of overzealous ideologues and partisans like Ashcroft and Gonzales is coming to an end.

Thank goodness.

But now it's time to dig in our heels and do our part to put the justice back in the Department of Justice. I hope you don't mind if I call on you for help in the coming months.

PFAW

Time's A-Wastin': Get the Information You Need to Vote!

Unless you've been living under a rock these past two years, you know that Election Day is tomorrow.

So the question of today -- Election Day Eve -- is: where the heck do I vote, when do I go, and what do I need to bring with me?

You can find out the answers to those questions at GoVote.org, a one-stop shop for all that information.

For more detailed information on voter ID requirements and voting rights, check out our voter ID flyers and toolkits

And remember, if you run into problems at the polls or have questions, call the nonpartisan Election Protection Hotline: 1-866-OUR-VOTE.

After you're done voting, celebrate your participation in this grand civic ritual with a free scoop at Ben and Jerry's between 5 p.m. and 8 p.m.

Huzzah for democracy -- and free dessert!

PFAW

Power to the Palm Cards

Last night, volunteers in DC gathered to do People For the American Way Foundation’s part in a project that will touch hundreds of thousands nationwide.

People For the American Way Foundation partnered with the SEIU to produce educational voter ID palm cards that inform voters of what they need when they show up to cast their ballots.  They are specific to the following states (based on where there are bad voter ID laws and where we expect to see aggressive voter suppression efforts): AZ, CA, CO, DC, FL, GA, IN, KS, MI, MO, NC, OH, PA, TX, and VA.

The volunteers were so excited to help distribute these materials. About 20 people crowded three different areas of People For the American Way Foundation’s DC office and didn’t rest until every activist who placed an order had what they needed. In this historic moment, their energy should give everyone hope for the future.

If you are not a palm card recipient, fear not – also available are voter ID toolkits and two-page flyers for the same states as we have palm cards for.  People For the American Way Foundation created these in collaboration with the NEA, SEIU, and other state and local partners.  We've been getting them to election officials and allies as a resource in training poll workers and people doing voter protection work.  These materials are available for you to download and print at http://site.pfaw.org/VoterID.

For more information about voting issues, please visit People For the American Way Foundation at http://www.pfaw.org or http://govote.org/. Report all voting incidents to 1-866-OUR-VOTE (1-866-687-8683).

PFAW

Rove and "Voter Fraud"

Drew mentioned earlier today that "voter fraud is an almost entirely synthetic issue, cooked up as an excuse to push restrictive voter ID laws."  One of the chefs: Karl Rove. (I'm sure you're shocked!) 

Via Talking Points Memo comes a video from last year in which Rove talks about voter fraud being "a real problem" that's "not going away":

And did you know that all this is tied to the U.S. attorney firing scandal that came to light last year? Of several districts where Rove claims rampant fraud is taking place, three were districts in which U.S. attorneys got in trouble with the White House — and were subsequently fired — for not bringing enough prosecutions over voter fraud.

Fraud which, as the Brennan Center for Justice has found, "is actually less likely to occur than lightning striking a person."

PFAW

Everything You Wanted to Know About ACORN (But Were Afraid To Ask)

Having (possibly? momentarily?) decided to back away from the anti-Obama character attacks that we thought we'd see over the last weeks of the campaign, the McCain campaign is now pushing the idea that the race is going to decided by voter fraud committed by the voter registration group ACORN.

To use a favorite word of a certain vice presidential candidate, that's pure malarkey.

As People For has often pointed out in the past, voter fraud is an almost entirely synthetic issue, cooked up as an excuse to push restrictive voter ID laws. (Voter ID laws, of course, lower turnout among communities of color, the elderly, students, and working class voters.)

In response to the accusations, ACORN has created a useful fact sheet which contains some surprisingly interesting information.

Fact: ACORN has implemented the most sophisticated quality-control system in the voter engagement field but in almost every state we are required to turn in ALL completed applications, even the ones we know to be problematic.

Fact: ACORN flags in writing incomplete, problem, or suspicious cards when we turn them in. Unfortunately, some of these same officials then come back weeks or months later and accuse us of deliberately turning in phony cards. In many cases, we can actually prove that these are the same cards we called to their attention.

PFAW

People For Joins Members of Congress, SAVE to Open Dialogue on Student Voting Rights

Today, student voting rights took center stage on Capitol Hill as People For the American Way and the Student Association for Voter Empowerment (SAVE) joined Congressional leaders including Majority Leader Steny Hoyer and Majority Whip Jim Clyburn to call attention to the myriad of barriers to the polls that students will face between now and November. In addition to Majority Leader Hoyer and Majority Whip Clyburn, Representatives Jan Schakowsky, Eleanor Holmes Norton, Dennis Kucinich, Kendrick Meek, Tim Ryan, Susan Davis, Chris Van Hollen, and Debbie Wasserman Schultz were on hand to give remarks.

Tanya Clay House, Director of Public Policy, and Michele Jawando, Election Protection Campaign Manager, explained the challenges that are in play that could keep hundreds of thousands of students from the polls – deceptive practices, voter suppression and intimidation, voter ID laws, inequitable distribution of voting machines, long lines, and improper instructions on when to offer provisional ballots, among other common problems. 

What can you do?  Spread the word about People For Foundation’s voter ID toolkits.  Opponents of voting rights have always used ignorance as a weapon and information is the best defense.  Know your rights!

 

PFAW

Washington Post Reports Problems on Election Day Imminent

From today’s Washington Post:

Faced with a surge in voter registrations leading up to Nov. 4, election officials across the country are bracing for long lines, equipment failures and confusion over polling procedures that could cost thousands the chance to cast a ballot.

The crush of voters will strain a system already in the midst of transformation, with jurisdictions introducing new machines and rules to avoid the catastrophe of the deadlocked 2000 election and the lingering controversy over the 2004 outcome. Even within the past few months, cities and counties have revamped their processes: Nine million voters, including many in the battleground states of Ohio, Florida and Colorado, will use equipment that has changed since March.

But the widespread changes meant to reassure the public have also increased the potential for trouble.

We’re pleased to see that the media’s taking seriously the concerns of the voting rights community about the problems that are plaguing the electoral system.  We’ve already seen increased pressure on our overburdened electoral system with the heightened voter turnout during the 2008 primary season – registration processing, machine failures, voter ID requirements, and poll worker training to name a few problems that were documented in the report “Will Problems in Early Primaries Affect the Buckeye State?

People For has developed helpful toolkits for voters where they can find important information like the voter registration deadline, dates for early voting, and the deadline for requesting an absentee ballot.  They’ve also explain what constitutes the proper ID you’ll need at polling precincts on Election Day.  

PFAW

97-Year-Old Arizona Woman Disenfranchised by Voter ID Law

Shirley Preiss was born in Kentucky in 1910 — a full 10 years before American women gained the right to vote. She first voted in a presidential election in 1932, for FDR. She’s voted in every presidential election since, but that’s all about to change due to Arizona’s draconian voter ID law.

As Art Levine reported, Shirley effectively lost her right to vote when she moved to Arizona:

After living in Arizona for two years, she was eagerly looking forward to casting her ballot in the February primary for the first major woman candidate for President, Hillary Clinton. But lacking a birth certificate or even elementary school records to prove she’s a native-born American citizen, the state of Arizona’s bureaucrats determined that this former school-teacher who taught generations of Americans shouldn’t be allowed to vote.

The state’s voter ID law, passed in 2004, requires voters to show ID at the polling place and to provide proof of citizenship in order to register. But birth certificates weren’t issued in 1910 in Shirley’s birthplace of Clinton, KY, and her elementary school no longer exists.

Shirley appeared on the local news Monday night in Phoenix to tell her story:

 

 

She’s far from the only victim of this law. The Arizona Advocacy Network reports that nearly 40,000 voter registration forms have been rejected due to inadequate proof of citizenship. And it’s getting to be a national problem.

The Supreme Court gave Indiana the green light last month on its restrictive voter ID law, and other states have already or are in the process of passing similar laws. Everywhere such laws are enacted, the voting rights of thousands of Americans - especially among the poor, elderly, and minorities - are put at risk. Fortunately many other states have fended off voter ID laws, and I’m proud that People For the American Way’s Democracy Campaign played a role in many of those fights. Nothing short of a concerted effort by the progressive movement over the coming years will succeed in safeguarding the right to vote.

Cross-posted on CrooksAndLiars.com

PFAW

Supreme Court Hears Argument on Indiana Voter ID Law

Yesterday, the Supreme Court heard arguments in the consolidated cases of Crawford v. Marion Cty. Election Board and Indiana Democratic Party v. Rokita, a case that could affect the fundamental right of Americans to vote and possibly even the outcome of future elections, including the 2008 election.

At issue in the case is whether Indiana’s photo voter ID law, which is the most restrictive in the nation, unconstitutionally burdens the fundamental right to vote.

PFAW

DOJ Supports Restrictive Voter ID Law

This week, the Bush Department of Justice filed an amicus curiae brief in the Supreme Court in the Indiana voter ID case (Crawford v. Marion Cty. Election Board), supporting the state's imposition of the most restrictive voter ID barriers in the nation.

PFAW

Supreme Court to Hear Arguments on Indiana Voter ID in January

Today, the Supreme Court set oral argument in the Indiana voter ID case for 10 a.m. on Wednesday, January 9, only 12 days after briefing is completed in this case. PFAWF has joined with many other civil rights groups, academics, and election officials in arguing that the restrictive voter ID laws imposed by Indiana disenfranchise hundreds of thousands of eligible voters, and disproportionately affect minorities, students, elderly, women, and the poor, while doing nothing to enhance the integrity of elections. A decision is expected by the end of the term in June.

PFAW

PFAWF Files Amicus Brief in Indiana Voter ID Case

As PFAWF has previously noted on Court Watch, the Supreme Court this term will be hearing an important case challenging the constitutionality of Indiana's restrictive voter ID law, which unnecessarily burdens the rights of eligible voters, particularly minorities, the elderly, students, women, and the poor, without justification. On November 13, PFAWF joined other civil rights organizations in filing an amicus curiae brief in the Supreme Court in support of those challenging this law.

PFAW

Court to Consider Constitutionality of Indiana's Voter ID Law

This week, the Supreme Court added 17 more cases to the 26 it has already agreed to hear during its upcoming term, which starts on Monday, October 1. Among the newly-added cases is one that is likely to have far-reaching consequences on the abllity of many Americans to be able to go to the polls on election day and cast a vote. The case, Crawford v. Marion County Election Board, is a challenge to the constitutionality of Indiana's voter ID law, which requires voters to show a current, government-issued photo identification at the polls in order to be allowed to vote, allegedly to combat voter fraud.

PFAW