Voting Rights

DC Voting Rights: First Test for Newly Elected Tea Partiers

Many of the new members of Congress campaigned under the Tea Party banner, loudly warning their future constituents about the grave dangers of tyranny.

As one of the very first acts they will take as members of Congress, they will be asked by party leaders to eliminate the already-limited representation that residents of Washington DC have on the floor of the House. These taxpaying American citizens will have to comply with the laws this new Congress passes, yet their right to be represented in that body may be taken away completely.

Some might say this is the very definition of tyranny.

It's unquestionably an anathema to the principles of the American Revolution, which the Tea Party claims to support.

So this will be an educational opportunity for the entire country. Will the Tea Party members of Congress be true to the principles they claim to hold? Or, now that they are comfortably ensconced in power, will they abandon those principles when directed to by their Party leaders?

PFAW

Alabama County Brings the Voting Rights Act to Court

An 87% white county in Alabama is arguing that some of the anti-discrimination protections in the Voting Rights Act are no longer necessary…and its case might end up in the Supreme Court.

Shelby County is protesting Section 5 of the Voting Rights Act, which requires counties with a history of discriminatory election practices to run new election rules by the Justice Department.

"For Congress to continue to interfere with Shelby County's electoral autonomy in 2010 based on conditions that existed in 1965 is both arbitrary and without constitutional justification," according to one of the county's written arguments in the case.

Shelby County's complaint is that Section 5 of the law -- which says the Justice Department has to make sure election-related changes don't discriminate against minority voters -- is no longer necessary and that complying with the law is a significant legal expense for county taxpayers.

The county, however, does not provide any details about the "taxpayer dollars, time and energy" it has spent over the years asking the federal government to pre-approve things like new district lines or polling place changes. The U.S. Justice Department, the defendant in the lawsuit, argues the claim about expenses is vague and unsupported by evidence.

A number of African American residents of Shelby County disagree that voter discrimination is an outdated problem, and have tried to stop the county’s suit from going forward. They have some concrete examples to back them up. Just in 2008, a redistricting plan for one city in Shelby didn’t pass Justice Department muster because it eliminated the city’s one majority-black council district.

Shelby County’s argument recalls some of the right-wing objections to the 2006 renewal of the Voting Rights Act. Georgia Republican Lynn Westmoreland said of the 1965 bill, "It was set up to be temporary, just to get things to where they should be," he said. "And if you look at the results we have here in Georgia, I think you can see that it's worked. Its time has passed."

If only it had.
 

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Justice delayed is justice denied

I recently reported that an agreement had been reached to move forward on the District of Columbia House Voting Rights Act. Four days later came word that this was no longer the case. The fight is not over, but DC’s centuries-long wait to have a voting voice in Congress will continue.

The right-wing forced an agreement with which nobody was happy. And in the end it turns out to have not been an agreement at all but a way for the right-wing to delay their inevitable counterpunch. DC can’t keep fighting these intrusions without a meaningful way to say “aye” or “no” when those infamous bells ring calling members to the House floor.

I cannot speak for Dorothy Height on the events of the last week. But I want to honor her for her commitment to DC voting rights. I remember her arrival at a hearing on a previous iteration of the bill. Without saying a word, her entry alone commanded respect.

I’m not sure if this photo was taken that same day, but Life noted one such occasion on which Dr. Height visited the Hill to champion our cause.

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Senator Sessions Plays the “Judicial Activism” Card

At a Senate Judiciary Committee hearing today, Senator Jeff Sessions said that that Goodwin Liu’s writings represent “liberal judicial activism.” And he doesn’t like it!

But what Sessions apparently does like is conservative judicial activism. Overturn more than a century of settled campaign finance law? Limit women’s ability to recover for being discriminated against on their jobs? Hand billions of dollars to Exxon? Rewrite the Voting Rights Act? That’s a-ok! “Liberal judicial activism,” (by which I assume he means opposing those decisions)? Bad.

Senator Sessions’s ability to keep a straight face while delivering such patently farcical attack is impressive. His stale talking points aren’t.
 

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DC voting rights bill expected to move next week

DC has waited over 200 years to have a voting voice in Congress. Today the nation’s capital may be as close as it’s ever come to making that dream a reality.

On Wednesday afternoon came the breaking news that an agreement had been reached to move forward on the District of Columbia House Voting Rights Act, which would give DC a full Representative with the same voting power as other House members. Just this morning, I joined a room full of concerned citizens and activists for a briefing lead by DC Vote and DC Delegate Eleanor Holmes Norton. We then took to the halls of Congress in support of the Delegate’s tireless efforts on this issue.

Nobody is happy that this agreement comes at the price of right-wing interference in local affairs. But to go any longer without voting rights is an even higher price to pay. DC can’t keep fighting these intrusions without a meaningful way to say “aye” or “no” when those infamous bells ring calling members to the House floor. As Wade Henderson of the Leadership Conference on Civil and Human Rights put it:

The civil rights community recognizes that it must be prepared to accept some setbacks in the name of long-term progress. Virtually every major piece of civil rights legislation, from 1957 onwards, has involved difficult and often painful tradeoffs. In this case, given the fundamental importance of gaining a vote in Congress, we are prepared to move forward with the voting rights bill.

People For the American Way believes that the right-wing should stay away from this bill. But we also believe it’s a tragedy that our Democracy has allowed DC residents to live without voting representation for over 200 years. Any citizen who pays taxes, and is otherwise legally eligible to vote, should be able to vote. And certainly no member of the armed services should be robbed of the right to vote simply because of where they live.

The fight will not be over even when DC can cast a House vote. It is high time the nation’s capital be given both House and Senate representation, with voting power in both chambers.

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Bob McDonnell vs. the Right to Vote

Mere days after rewriting the history of the Civil War - turning it into a war for independence with nothing to do with slavery - Virginia Governor Bob McDonnell has done it again. But this time, instead of denying people's humanity, he's "just" making it a lot harder for them to vote.

According to the Washington Post, McDonnell plans to place a significant new burden in front of non-violent felons seeking to have their voting rights restored:

McDonnell will require the offenders to submit an essay outlining their contributions to society since their release, turning a nearly automatic process into a subjective one that some say may prevent the poor and less-educated from being allowed to vote. ...

McDonnell's administration said the essay requirement is designed to put a human face on each applicant and to help staff members better understand each person's situation.

And if you can't read and write well? Or if you're intimidated by things like essays? Or if you just can't express yourself well in writing? You're out of luck.

Even worse, restoration of the right to vote will not be based on a set of objective criteria, but will instead be based on whether McDonnell or some designated official thinks the applicant is worthy of the right to vote:

In coming weeks, McDonnell will start requiring nonviolent offenders to write a letter to him explaining the circumstances of their arrest; their efforts to get a job, seek an education and participate in church and community activities; and why they believe their rights should be restored. Some applicants already have been notified that letters will be required.

In a democracy, the right to vote should never depend on whether the governor finds you worthy of that right. It is not the place of government to make sure that only the "right" type of people vote.

It seems that every day, Virginia is becoming a more and more frightening place to live.

PFAW

Marriage Equality in DC

It took a while, and opponents of equality still insist they'll fight it, but marriage equality legislation finally took effect this morning in Washington, DC.

Washington, D.C., became the nation’s sixth jurisdiction to allow same-sex marriage Wednesday when it opened its marriage license application process to gay and lesbian couples.

More than one dozen couples lined up outside the D.C. Superior Court building — some arriving even before sunrise — to become the first same-sex pairs to obtain their applications to wed. Couples alternately smiled and wept as emotion swept the crowd.

“Love has won out over fear,” said Rev. Dennis Wiley, co-pastor at Covenant Baptist Church and co-chair of DC Clergy United for Marriage Equality. “Equality has won out over prejudice. Faith has won out over despair.”

Congratulations to the happy couples, and congratulations to everyone who contributed to this victory.  The DC community produced a vibrant, diverse coalition in support of equality, and it has paid enormous dividends.

Next up: voting rights.

PFAW

Voter ID Battles on the Horizon

The fight to protect voting rights celebrated a victory last fall in the Indiana State Court of Appeals. There, the court struck down what has become known as the strictest voter identification law in the country.

But it’s an election year again, and, as Tova Wang points out at TPM, it's not over in the Hoosier state.

An Indiana state court recently struck down the state's voter ID law, the most restrictive ID law in the country, and the Indiana State Supreme Court has just announced it will hear arguments on appeal March 4.

And that's not the only place voter ID laws are cropping up:

At least nine states and a city in Massachusetts (of all places!) are considering bills introduced in January 2010 that make identification requirements for voting more strict and/or require proof of citizenship in order to register to vote. As usual, the debates are partisan. This is particularly true in South Carolina where it is estimated that 178,000 South Carolinians do not have the photo identification they would need to vote under the proposal.

There has yet to be any proof of significant voter fraud, but it seems to be political concerns, not principle, pushing these initiatives forward.

Instead of working to suppress the votes of American citizens, perhaps these legislators could help fix the real problems in the nation’s flawed voter and electoral systems--systems that are integral to our democracy.

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New GAO Report Exposes More About Politicization of Department of Justice Under Bush

With a new Government Accountability Office report on the activities of the Civil Rights Division of the Department of Justice between 2001-2007, we are learning even more about a department that had been politicized to a dangerous degree under the Bush Administration. Instead of representing the best interests of the American people, the DOJ had been turned into a political machine. The report, obtained by The New York Times, found:

When compared with the Clinton administration, its findings show a significant drop in the enforcement of several major antidiscrimination and voting rights laws. For example, lawsuits brought by the division to enforce laws prohibiting race or sex discrimination in employment fell from about 11 per year under President Bill Clinton to about 6 per year under President George W. Bush.

The report also found that recommendations of career DOJ lawyers to pursue voter intimidation and other cases were inexplicably rejected, with the supervisors leaving no information explaining why the cases had been closed.

The office also found that case files often had no information explaining why supervisors had decided to close cases, sometimes against the recommendation of career officials. In a companion report, it also found that six years of internal audits about the division’s case-tracking system were missing.

People For the American Way followed the politicization of the DOJ during the Bush Administration, calling for the resignation of then-Attorney General Alberto Gonzales and others who played a part in the department’s politicization. We reported on the U.S. attorneys scandal, in which career attorneys at the department were instructed to follow the lead of the White House, not the rule of law, to smear Democratic candidates, protect GOP candidates, and suppress voter turnout through overzealous pursuit of baseless voter fraud claims. We responded to the Inspector General’s report which confirmed the inappropriate actions surrounding their firing.

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DOJ Won’t Prosecute Schlozman

In a disappointing move, Attorney General Eric Holder has decided not to prosecute former head of the DOJ Civil Rights Division and interim U.S. Attorney Bradley Schlozman for lying to Congress, instead giving deference to the decision of the Bush Administration.  Operatives like Schlozman led to the massive politicization of the Justice Department during the years of the Bush Administration and created an atmosphere of distrust by the very citizens the DOJ was meant to protect. 

During Schlozman’s testimony to the Senate in 2007, he repeatedly evaded questions regarding his actions, including hiring practices during his tenure.  Furthermore, Schlozman repeatedly refused to take responsibility for the Civil Rights Division’s failure to fully investigate thousands of claims of disenfranchisement during elections, instead choosing to pursue unmeritorious claims of voter fraud in key battleground states.

Because of such politicization by operatives like Schlozman, People For the American Way Foundation and numerous other civil rights and voting rights organizations were forced to defend the rights of voters across the country and protect them from disenfranchising tactics such as voter ID laws and overly stringent registration policies.  Fortunately, massive mobilization efforts like the Election Protection program were able to help meet this challenge, but it should not have to been our responsibility to protect voters from their own Department of Justice. 

While we understand the desire of Attorney General Holder to move forward and applaud his steps to reinvigorate the Civil Rights Division and eliminate the tarnish left by the previous Administration, we should not allow bad acts to go unpunished.  It is clear that Schlozman perjured himself during his testimony to the Senate, as concluded by the Office of Professional Responsibility’s internal report.  The American people deserve justice and we had hoped that bad actors such as Schlozman would be prosecuted as a testament to the American public that the DOJ will no longer play politics with justice.     

PFAW

Rosen on Roberts

Jeffrey Rosen’s op ed piece in the New York Times over the weekend, The Trial of John Roberts, echoes a theme noted by a number of commentators, one on which I posted last week: that the Supreme Court’s decision to open up long-settled law with respect to regulating corporate expenditures in candidate elections in the recently argued Citizens United case is a quintessential exercise in judicial activism. And it’s the kind of judicial activism that then nominee John Roberts pretended to foreswear through his claims to be an umpire, simply calling balls and strikes.  

Where I part company from Rosen, however, is in his analysis that Chief Justice Roberts “deserves credit for trying” to forge a broader consensus on narrower grounds, citing, in particular, last term’s Voting Rights Act case.  The cynic in me says that the decision was 8-1 to uphold Section 5 of the Voting Rights Act and not 5-4 to overturn it, because the Chief Justice simply did not yet have the votes to do so. And Rosen’s reliance on greater unanimity on the Court with respect to upholding business interests – according to the Chamber 79% of these cases decided on margins of 7-2 better – is not, in my view, a reflection of Chief Justice Roberts’ forging consensus on narrow grounds. It’s a reflection of how conservative this Court really is, why the judicial philosophy of the next nominee to the Supreme Court really matters, and why it’s important to begin having that discussion now.

PFAW

Does the Anti-Gay Movement in DC think that Congress should run the District?

As a supporter of marriage equality for all people, I'm thrilled at the almost-unanimous vote of the DC City Council to recognize marriages of same-sex couples performed elsewhere.

As a supporter of marriage equality for all people and voting rights for the residents of DC (myself included,) I'm a little concerned about the response from the anti-marriage forces on the right.

Another protester, C.T. Riley, added: "This is not over. We are going to the Hill with this issue."

. . .

Bishop Harry Jackson, senior pastor of Hope Christian Church in Beltsville, who opposes gay marriage, said opponents are developing a "political and legal strategy" to block same-sex marriage in the District.

Does this imply that right wing activists are going to attempt to ignore the decision of the elected representatives of the District of Columbia by asking a body in which District residents have no representation to overrule the decision?

I look forward to discovering how this jives with the right's opposition to pro-gay rulings from "unelected judges" and allegations that it's the pro-gay rights community which is "usurping" the legacy of civil rights movement.

PFAW

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

Virginia Foxx Calls Matthew Shepard's Murder a "Hoax"

Rep. Virginia Foxx (R-NC) claimed on the House Floor yesterday that Matthew Shepard, whom the Hate Crimes bill is named after, was killed "in the commitment of robbery," not because he was gay. Rep. Foxx went on to say, "the hate crimes bill was named for him, but it's, it's really a hoax, that that continues to be used as an excuse for passing these bills."  

Even more reprehensible, she said all of this while directly across from Judy Shepard, the mother of the Matthew Shepard. 

Un-be-lievable.

A quick look at her voting record, and you can see she marches in lockstep with Rush Limbaugh and the far right base of the party. She earned a 100% rating by the Naitonal Right to Life Committee for her pro-life stance; a 0% rating by the Human Right Campaign for her anti-equality votes; and 19% rating by the NAACP for her anti-affirmative-action votes. In September 2005, Foxx was one of 11 members of Congress to vote against the $51 billion aid package to victims of Hurricane Katrina. In July 2006, she joined 32 of her Republican colleagues to vote against the extension of the landmark Voting Rights Act championed by Dr. King.

She earned every bit of Keith Olbermann's designation for her as yesterday's "Worst Person in the World." North Carolinians deserve much better.

Find out the truth about hate crimes here.

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NAMUDNO In the Supreme Court

This morning the Supreme Court heard oral argument in the case of Northwest Austin Municipal Utility District Number One v. Eric Holder, a case involving a small municipal district in Austin, Texas seeking to invalidate a key provision of the Voting Rights Act of 1965 - one of the most important civil rights laws in American history.

With the passage of the Voting Rights Act, Congress finally acted to prevent discriminatory tactics designed to prevent minorities from exercising their fundamental right to vote. Section 5, in particular, is the centerpiece of the Act, and requires certain covered jurisdictions where voting discrimination has been the most flagrant to seek a preclearance from the Justice Department or a three-judge panel of the federal court in DC for any voting related changes. According to the statute, preclearance will be given as long as the proposed change does not have the purpose or the effect of denying or infringing on the right to vote because of one’s race or color.

In this case, the party seeking to invalidate Section 5 is a municipal utility district in Travis County, Texas, that conducts elections to select the members of its board of directors. Because the State of Texas is a covered jurisdiction, the district is subject to the preclearance requirements of Section 5, and sought relief under the Act’s bailout provision in federal court in the days following the reauthorization of the Act in 2006. Alternatively, the utility district sought to invalidate the provision if it could not bailout from its requirements. It failed on both counts in the courts below.

Today’s arguments confirm that Justice Kennedy again holds the deciding vote on whether the Court will weaken or invalidate a provision upheld by the very same Court four times in the past.

To those who argue that Section 5 is no longer needed because racial discrimination no longer exists, as evidenced by the election of the country’s first African American president, look at the facts. Because of Section 5’s sunset provisions, Congress was required to re-examine whether the statute is needed and last conducted an examination of this type in 2006. The House and Senate Judiciary Committees held a combined 21 hearings over 10 months and received testimony from over 90 witnesses, including state and federal officials, experts and private citizens. And although they concluded that significant progress had been made, they recognized that “[d]iscrimination today is more subtle than the visible methods used in 1965” and concluded that discrimination continues to result in “a diminishing of the minority community’s ability to fully participate in the electoral process and to elect their preferred candidates of choice.” Congress voted 390-33 in the House and 98-0 in the Senate that, among other things, Section 5 was still necessary.

We hope that Justice Kennedy will remember the extensive record finding Congress performed in 2006 and remember his words earlier this year when he wrote in Bartlett v. Strickland, “Still, racial discrimination and racially polarized voting are not ancient history. Much remains to be done to ensure that citizens of all races have equal opportunity to share and participate in our democratic processes and traditions. . .”


Deborah Liu is General Counsel to People For the American Way, which is a defendant-intervenor in the case.

PFAW

What About the D.C. Voting Rights Act?

The DC Voting Rights Act (H.R. 157) is currently sitting in limbo, hung up over controversial amendments. The bill has been removed from the floor, further delaying the vote that the citizens of the District deserve.

This week DC Vote began to run a new series of ads with the line: “D.C.’s rights held hostage.”

The entire episode shows why D.C. desperately needs a vote. Congress shouldn’t be passing laws for D.C. without the input and consent of Washingtonians. And on the issue of guns, it appears Congress and the District are at odds:

"[DC Mayor Adrian] Fenty said that if the city secured a House vote, it would give the District more power to fight laws it doesn't agree with, "such as getting rid of the amendment.”

We must pass the D.C. Voting Rights Act as a clean bill, and every day that passes until then is another day of injustice and disenfranchisement—“taxation without representation”—for the residents of our nation’s capital.
 

PFAW

Supreme Court Chips Away at Voting Rights Protections

Twenty four hours after thousands celebrated “Bloody Sunday” earlier this week – a voting rights march from Selma to Montgomery where civil rights marchers including Rep. John Lewis (D-GA) were attacked and brutally beaten by Alabama state and local police, but ultimately led to the historic passage of the Voting Rights Act of 1965 – the Supreme Court undermined some of the enforcement mechanisms of the Voting Rights Act.

I was troubled, in particular by this reference in a NY Times article about Richard Pildes, an expert whose views the Justices relied on in Mondays’ decision, who, according to the Times, “said that current events, including the fact that both major political parties are led by African-Americans, had complicated the legal landscape, creating ‘tremendous pressure on a statute that was primarily structured for an earlier era in which blacks were completely excluded from office.’ “

There’s no disputing the fact that much progress has been made, but even today, we’re a far cry from the post-racial world that MLK described in his famous I Have a Dream speech. To it's credit, even the Supreme Court recognized that racial discrimination and racially polarized voting are not ancient history. This issue is not simply about having an African American President or leader in the Republican Party. This is a larger issue of opportunity for all citizens and one federal election has not summarily changed the reality existing in this country still. There’s no African American representing an overwhelmingly white district in the House, and no African American governors representing a Southern state (there’s only been one in history – Douglas Wilder of Virginia).

I recognize that there’s been much progress, but there’s more work to be done and vital protections such as those in the VRA are still necessary.
 

PFAW

DC has a 200-year long line at the polls…but not for long

Long lines at the polls on Election Day are a problem not to be ignored. But imagine if you had been standing in line to vote since 1801. That’s where you’ll find the nearly 600,000 Americans living in DC. Thankfully, their 200-year wait is nearly over.

This morning the Senate brought DC one step closer to the ballot box by clearing a procedural hurdle placed in the way of the District of Columbia House Voting Rights Act of 2009 (S. 160). I was in the Capitol as 62 Senators cast votes in favor of moving this bill forward. By the end of the week, it may very well be in the hands of the House. Then it’s on to the President’s desk. President Obama is a strong supporter of DC voting rights and a former cosponsor of the bill, which would give DC a full Representative with the same voting power as other House members.

As I joined my colleagues who had gathered for the vote, I couldn’t help but think about my own journey to get to this point. DC voting rights has had a place in my portfolio for some time, and an even longer history with People For the American Way, an organization that has worked for years in the field and on Capitol Hill alongside DC Vote and its coalition in support of DC’s voting voice in Congress.

Today is a day of great celebration for all of us who belong to this movement, including those of you who have made calls, written letters, and visited Congress to say that House representation is long overdue for DC. Thank you for everything you’ve done.

But the fight is not yet over. The right-wing has S. 160 (and its House companion, H.R. 157) in its sight and will try to derail its progress. Contact your Representative and Senators to make sure they are on the right side of history when it comes to the rights of DC residents.

And the fight will not be over even when DC can cast a House vote. It is high time the nation’s capital be given both House and Senate representation, with voting power in both chambers.

PFAW

Restoring Justice, Step by Step

On Monday, Eric Holder was confirmed as Attorney General. Big news ... and good news for Americans who depend on the Justice Department to defend their rights. A bit more under the radar, Monday also saw another important piece of news at the DOJ. Leslie Hagen, a Justice Department attorney who was fired by Monica Goodling because of rumors that she was a lesbian, was rehired to her previous job at the Department.

This is just one step in cleaning up the appalling mess at the DOJ left by egregious politicization during the Bush administration. Monica Goodling, senior counsel to Attorney General Alberto Gonzales, was by all objective standards unqualified for such a high post. Her only "qualifications" -- the only ones that mattered in the Gonzales DOJ -- were that she was a partisan ideologue who graduated from Pat Robertson's Regent University Law School and was committed to reshaping the Justice Department to operate on a right-wing agenda.

Even though the politicization of the DOJ under President Bush was shameful (and possibly criminal), some senators apparently think it should continue and are taking their marching orders from the Radical Right. The next targets of their witch hunt? Three more of the president's eminently qualified DOJ nominees: David Ogden, Thomas Perrelli and Dawn Johnsen.

Dawn Johnson, for example, has been tapped to head the Office of Legal Counsel (OLC) -- the office that, under the Bush administration, produced the memos that served as its guidelines for detainee treatment and executive overreaching. Johnsen has been a harsh critic of the Bush administration's legal justifications for its policies. And, in her extremely impressive legal career, she spent several years at NARAL Pro-Choice America. Already some senators like Jeff Sessions of Alabama -- who earlier this week assailed the Johnsen nomination on the Senate floor -- are suggesting that, in their view, pro-choice bona fides should be an instant disqualifier.

Quickly confirming the rest of President Obama's Justice Department team will be one more important step, but there's still much more to be done to repair what was so damaged during the Bush years.

Let's look back at just a few of the disasters born out of DOJ's right-wing politicization:

  • political firings of U.S. attorneys;
  • political firings of staff attorneys, especially in the Civil Rights Division;
  • refusal to properly enforce civil rights laws, particularly those protecting voting rights;
  • Department approval and justification of unconstitutional policies from warrantless domestic spying to the denial of habeas corpus and torture.

People For the American Way will be pushing for investigations into these wrongdoings. I know how important this issue is to our activists -- you've pitched in time and again over the last eight years as we've pushed for accountability and the rule of law at the DOJ, and hundreds of you wrote me impassioned emails last week about just how critical it is to keep pushing.

Karl Rove and others who are subpoenaed to testify or provide documents must comply and cooperate not just with Justice Department probes into these matters, but also with any and all congressional investigations. Congressional action is what's needed to get to the bottom of what happened, hold those responsible accountable and prevent similar abuses of power from happening in the future.

Making sure investigations happen and proceed effectively and making sure President Obama's other Justice Department nominees are confirmed smoothly are just two things we'll be working hard for in the coming weeks, and there will be much more.

I'd also like to take a moment to ackowledge Supreme Court Justice Ruth Bader Ginsburg who is in the hospital recovering from surgery. She's a true defender of our constitutional values and I know you'll join me and the rest of the staff of People For in wishing her a speedy recovery.

PFAW

Mark Gitenstein for Office of Legal Policy

I’ve seen some concerns expressed about the possible nomination of Mark Gitenstein to head the Justice Department’s Office of Legal Policy, including questions about whether he’s sufficiently committed to protecting the rule of law to serve in the position at Justice involved in selecting and vetting potential federal judicial nominees. I want to weigh in on this conversation because I know Mark well.

I worked very closely with him when he was serving as Senator Biden’s Chief Counsel on the Senate Judiciary Committee and I was counsel to Senator Howard Metzenbaum. If you’re looking for someone committed to the rule of law, no need to look further. Mark can claim a lifetime of service to advancing the cause of civil rights and civil liberties in this country. As chief counsel to Senator Biden, Mark fought against the confirmation of federal judicial nominees who were not committed to protecting the civil rights and individual liberties of all Americans. He worked tirelessly in his position with Senator Biden to help protect the Civil Rights Commission and to extend the Voting Rights Act.

As counsel on the Senate Intelligence Committee he played a leadership role in the oversight investigation of the FBI abuses in the illegal surveillance and intimidation of Dr. Martin Luther King, Jr. and other civil rights and anti-war activists. He played a key role in the development of FISA, which grew out of that investigation.

As an advisor to Senator and presidential candidate Biden, Mark helped focus on the plight of the shrinking middle class advancing measures such as reforming health care to permit middle class and disadvantaged families to buy into the same health care insurance program available to members of Congress and expanding the availability of health insurance for children and expanding employer based retirement programs.

Mark has the smarts, integrity and values that we need in someone heading this critical office.

PFAW