Voting Rights Act

Congress Begins Work on New Voting Rights Act Legislation

The House and Senate held hearings last week to discuss a replacement for the federal preclearance formula of the Voting Rights Act. Without a coverage formula, the Justice Department will no longer be able to enforce the VRA’s Section 5, which requires states and counties with histories of discriminatory voting practices to secure federal approval before changing their voting laws.
PFAW

The Smoking Gun in the Voting Rights Case

Scalia's comments during oral arguments show that he was guided by personal ideology, not the law.
PFAW

Representative John Lewis: "There's other bridges to walk across"

The Supreme Court's ruling in Shelby is a setback, or as Representative Lewis put it to ABC's Jeff Zeleny earlier today: "What the Supreme Court did was to put a dagger in the very heart of the Voting Rights Act of 1965." But it's also part of the voting rights bridge that we must continue fighting to get across.
PFAW Foundation

In Voting Rights Decision, Roberts Rewrites the 15th Amendment

The Court usurps Congress' constitutional authority and undercuts the Voting Rights Act.
PFAW Foundation

Fighting for Voting Rights, Standing on the Shoulders of Giants

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.

PFAW Foundation

Scalia Completely Rewrites ... Everything

Scalia ignores constitutional text, says Congress didn't really mean to pass the Voting Rights Act, and calls the VRA a "racial entitlement."
PFAW Foundation

We Can’t Afford to Lose the Voting Rights Act

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. 

PFAW Foundation

Voting Discrimination: Still an Obstacle to Democracy

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.

 

PFAW Foundation

Election Protection: Our Broken Voting System and How to Repair It

“Although the time in our history has passed when certain Americans were excluded by force of law from electoral participation, endemic yet solvable problems continue to plague our system of elections and prevent too many eligible voters from fully participating in our democracy.”
PFAW Foundation

Court Rejects Florida's Efforts to Curtail Early Voting

In an opinion affecting 5 counties, a federal court rules that Florida's curtailed early voting would disproportionately harm African Americans.
PFAW Foundation

UPDATE: Voter ID on trial in Texas

Attorneys for both sides gave closing arguments last Friday after a weeklong trial. Experts expect the ruling, which could come before November, will hinge on whether the defendants have successfully shown that the law has a disparate impact on minorities.
PFAW Foundation

Perry Attacks Voting Rights Act on MLK Day

At yesterday’s Martin Luther King Day GOP debate in South Carolina, Texas Gov. Rick Perry said that South Carolina is “at war with the federal government” and that Texas is “under assault” because of disputes over the states’ voter ID laws.

The Voting Rights Act of 1965 gave the Justice Department the power to review voting law changes in states that have a history of disenfranchising minority voters. In December, the Department rejected South Carolina’s law, finding that it unfairly targeted minority voters, who are 20 percent more likely than whites to lack the required ID. Texas’ voter ID law is still under review.

The unmistakable historical echoes of Perry’s comments were disturbing, even more so because they were made on a day dedicated to celebrating the accomplishments of the Civil Rights movement. Yesterday, People For the American Way’s director of African American religious affairs, Minister Leslie Watson Malachi, wrote in the Huffington Post that many of the voting rights struggles of the Civil Rights era are still alive today:


But since 2008, our right to vote has been under an unprecedented attack. Shortly after the election, over half of Republican voters said that the presidential election had been stolen for Barack Obama by ACORN, an organization that worked to register new voters -- including many African Americans. In response to this myth, promoted by the right-wing media and politicians, state legislatures across the country have been trying to make it harder to register to vote. The most common form this takes is Voter ID laws, which, under the guise of preventing the over-hyped problem of "voter fraud," in fact keep millions of voters from the polls. These laws, which are on the books or being considered in 41 states, target voters who don't have certain types of government ID -- overwhelmingly the young, the elderly and persons of color.


What is even more discouraging than the faulty basis of these restrictive laws is where they come from. The American Legislative Exchange Council (ALEC), a group funded by large corporations that writes legislation for state legislators, is pushing these voter ID laws to states around the country. Why do big business interests care about restricting voting rights? Because voting is the only way those of us without millions of dollars to spend on elections can make our voices, and the issues we care about, heard.


PFAW Foundation released an extensive report last year on right-wing efforts to chip away at the voting rights of minorities, young people and the poor.
 

PFAW

The 2012 GOP Field: Not Even Ronald Reagan Could Get This Nomination

Tonight, eight GOP presidential candidates will alight on sacred ground to some: the Ronald Reagan Presidential Library in Simi Valley, California. As the candidates pay the required perpetual homage to the 40th president, the rest of us might take some time to reflect on just how far off the Reagan Ranch the Republican Party has gone.

Since the advent of the Tea Party, the Republican establishment has adopted a philosophy that you could call "Xtreme Reagan" -- tax cuts for the wealthy without compromise, deregulation without common sense, social conservatism without an ounce of respect -- that makes even a liberal like me almost miss the political pragmatism of the Gipper. It's terrifying that former Utah Gov. Jon Huntsman, a hard-line economic and social conservative, whose regressive economic policies as governor were to the right of Reagan, is now widely considered to be too far to the left to even be a contender.

Don't get me wrong -- I never was a fan of Ronald Reagan and his policies. But I miss the days when believing in science and being able to do basic budget math didn't make you a radical Socialist.

Reagan, a savvy politician, rode to power on the money of corporate America and the passion of an increasingly politicized Religious Right -- and, for the most part, gave both groups enough of what they wanted once he was in office to keep them both happy. But he also bucked those interests at some important points. Contrary to current Reagan hagiography, he raised taxes 11 times during his eight years in office -- including the largest corporate tax hike in American history -- when it became clear that pure trickle-down economics would be disastrous for the economy. And in 1981, over the objections of anti-choice groups, he nominated the highly qualified and politically moderate Sandra Day O'Connor to serve on the Supreme Court.

Today's Tea Party candidates, as they love to remind us, are beholden to the same interests. But they have taken the Reagan strategy a step further, turning the values of the Reagan coalition into a new, unyieldingly rigid conservative orthodoxy.

In the Tea Party orthodoxy, environmentalism isn't just bad for business, it's unbiblical. Tax cuts aren't just what the rich want, they're what Jesus wants . The Democratic president isn't just a liberal, he's a foreigner trying to destroy America from within. Conspiracy theories become hard-and-fast facts before you can change the channel away from Fox News. There's no compromise when you live in an air-tight world of unquestioned beliefs that become created facts.

Let's take a look at how the eight GOP candidates debating tonight have taken Xtreme Reaganism and made it their own:

  • Rick Santorum: Compared health care reform to drug dealing, said it will make Christians "less than what God created you to be," said it would "destroy the country"; compared gay relationships to "man-on-dog sex"; slammed the Supreme Court decision ensuring the right to access contraception.
  • Herman Cain: The most unabashedly anti-Muslim candidate in the field (and that's saying something!), proposed a religious test for office for Muslims who wanted to work for his administration.
  • Newt Gingrich: Where to begin? Maybe with the threat of a "secular atheist country... dominated by radical Islamists." Or with the threat of "gay and secular fascism." Or with his entire record as Speaker of the House of Representatives. You choose.
  • Ron Paul: Supposedly the most "libertarian" figure in the GOP, but does not support personal liberties for women or gay people. Still thinks the Voting Rights Act was a bad idea and we were better off before FEMA.
  • Jon Huntsman: The supposedly "moderate" candidate in the GOP field, enacted a highly regressive flat tax as governor of Utah, tried to eliminate corporate taxes, and banned second-trimester abortions.
  • Michele Bachmann: Calls homosexuality "personal enslavement," wants to reduce government to "its original size," says those who believe the science of evolution are part of a "cult following."
  • Mitt Romney: Believes whatever the Republican base wants him to believe, which these days is pretty far off the rails.
  • Rick Perry: Kicked off his presidential campaign by holding an event with the most extreme leaders of the Religious Right he could find, including a pastor who thinks that God sent Hitler to hunt the Jews and another who thinks that the Statue of Liberty is a "demonic idol."

This is the field that the Party of Reagan has produced to appeal to a right-moving and increasingly isolated base -- where the architect of health care reform has to run against himself, where the most libertarian still isn't willing to cross the Religious Right, and where the highest-polling has floated the idea of his state seceding from the union.

Listen tonight as you hear the homage to Ronald Reagan and consider how radical this party has actually become.

Cross posted on Huffington Post

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