Fair and Just Courts

Five Reasons the Senate Should Confirm Caitlin Halligan

Senate Majority Leader Harry Reid says he will ask the Senate to vote this week on the nomination of Caitlin Halligan, President Obama’s nominee to fill one of four vacancies on the DC Circuit Court of Appeals.
PFAW

Why It's Important to Have Diversity on the Federal Courts

The Washington Post ran a story yesterday about President Obama's successful push to bring greater diversity to the federal courts. The story quoted a conservative activist who accused the White House of "lowering their standards" in order to find diverse nominees and a Republican aide who claimed that the White House's focus on diversity would "override the substantive qualifications of the nominees."

Leslie Watson Malachi, Director of African American Religious Affairs at People For the American Way, responded with the following letter to the editor:

To the editor:

Regarding the March 3 story, “Obama pushing to diversify federal judiciary amid GOP delays.”

One of President Obama’s most significant, but least noticed, achievements has been his effort to bring more women and people of color to the federal bench. Last week, the U.S. Supreme Court showed us just how critical that effort is.

In oral arguments on Shelby County v. Holder, the challenge to Section 5 of the Voting Rights Act, Justice Antonin Scalia declared that the renewal of voting protections for people of color simply amounts to a “racial entitlement.” Justice Sonia Sotomayor, the first Latina on the Supreme Court, promptly contradicted him.

Scalia’s arrogant dismissal is echoed by the conservative activist who tells the Post that the White House may be “lowering their standards” in nominating women and people of color and the  GOP aide who worries that a focus on diversity would “override the substantive qualifications of the nominees.”

President Obama hasn’t had to choose between qualified nominees and diverse ones. Instead, he’s chosen judges and justices like Sotomayor: excellent nominees from diverse backgrounds, all of whom have earned their way to judgeships for which they are eminently qualified. 

LESLIE WATSON MALACHI
DIRECTOR, AFRICAN AMERICAN RELIGIOUS AFFAIRS
PEOPLE FOR THE AMERICAN WAY

PFAW

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

Happy Anniversary, Judge Cebull

Judge Cebull remains on the bench a year after his now-notorious racist e-mail was exposed.
PFAW

Sequestering Justice

Two senior judges spell out the damage sequestration would do to our nation's courts.
PFAW

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

Sotomayor Calls Out Prosecutor’s Attempt to ‘Substitute Racial Stereotype for Evidence’

Supreme Court Justice Sonia Sotomayor issued a statement today in connection with the denial of a cert petition for a case from Texas. She agreed with the decision not to hear the appeal, but she recognized the need to also release a statement condemning the offensive, racially charged remarks of a federal prosecutor during a drug-focused trial.  During the cross-examination of a man who testified that he was not part of and did not know about friends’ plan to buy illegal drugs, the prosecutor asked:

“You've got African-Americans, you've got Hispanics, you've got a bag full of money. Does that tell you – a light bulb doesn't go off in your head and say, This is a drug deal?”

Sotomayor called the prosecutor’s comment “pernicious in its attempt to substitute racial stereotype for evidence, and racial prejudice for reason.” She went on:

“It is deeply disappointing to see a representative of the United States resort to this base tactic more than a decade into the 21st century. Such conduct diminishes the dignity of our criminal justice system and undermines respect for the rule of law. We expect the Government to seek justice, not to fan the flames of fear and prejudice.”

Sotomayor’s powerful response highlights the critical importance of diversity in our court system.  As Justice Sotomayor noted in 2001, “our experiences as women and people of color affect our decisions.”  During her confirmation, People For the American Way Foundation documented the far right’s vitriolic reactions to Sotomayor’s insightful discussion of the ways in which her life experiences as a Latina woman inform her view of the law. 

But today’s statement is one example of what that looks like in practice.  It highlights what it looks like when a woman of color on our nation’s highest court has the power to call out blatant racism in the judicial system. 
 

PFAW Foundation

When the Judicial Nominations Process Works

The filling of an 8th Circuit vacancy is proceeding apace due to commitment and cooperation among the White House and both of Iowa's senators.
PFAW

Supreme Court to Consider Allowing Even More Money into Campaigns

The Roberts Court says it will consider a case challenging aggregate campaign contribution caps.
PFAW Foundation

Washington State Moving Forward With First Steps to Overturn Citizens United

Earlier this month, a group of state legislators, led by Sen. Adam Kline and Rep. Jamie Pedersen introduced companion bills requesting that Congress pass a constitutional amendment to return the authority to regulate election spending to Congress and state legislatures.
PFAW

Caitlin Halligan Belongs on the DC Circuit

Caitlin Halligan has excelled throughout her career and clearly understands how the law affects everyday people.
PFAW

Orrin Hatch Votes Present: Obstruction By Another Name

Orrin Hatch is exhibit A in the abuse of Senate rules to block President Obama’s nominees.
PFAW

White House Speaks Out for Judicial Nominees

After committee approval of several judicial nominees, including for the DC Circuit, the Obama Administration urges Senate action on judges.
PFAW

More Vacancies Mean More Work for DC Circuit Judges

The number of pending cases per active DC Circuit judge is far higher now than when Bush's nominees were confirmed.
PFAW

Hearing for a Diverse Group of Judicial Nominees

The nominees at today's Judiciary Committee hearing exemplify Obama's commitment to increasing personal and professional diversity in the federal judiciary.
PFAW

The D.C. Circuit Court's Fourth Vacancy

It is essential to fill the growing number of vacancies on the nation's second most important court.
PFAW

Obama Nominates Iowa’s First Ever Female Circuit Court Judge

The White House announced two new federal appeals court nominees today, Jane Kelly of Iowa to serve on the Eighth Circuit Court of Appeals and Gregory Alan Phillips of Wyoming to serve on the Tenth Circuit Court of Appeals.

Kelly’s nomination is notable for a number of reasons. If confirmed, she will become only the second woman ever to serve on the Eight Circuit Court of Appeals, which oversees seven Midwestern states, and the first from Iowa. She would also help to bring a greater diversity of professional backgrounds to the federal bench, coming to the position after a career as a highly-regarded federal public defender.

Kelly’s nomination underscores the Obama administration’s remarkable success in bringing a diversity of voices to the federal bench. A record 41 percent of President Obama’s confirmed nominees have been women and 36 percent have been people of color. In addition, Obama has nominated more openly gay federal judges than all previous presidents combined. Despite the Senate GOP’s routine stalling of the president’s nominees, he has succeeded in bringing unprecedented gender and racial diversity to the federal bench.

Both Kelly and Phillips have been nominated to vacancies that have not yet opened up (Kelly’s vacancy opens tomorrow and Phillips’ in April). If the Senate confirms them quickly it will avoid adding two more vacancies to an already over-burdened federal court system. Promptly filling the 10th Circuit vacancy  is especially critical since the 12-judge Tenth Circuit  is on track to have vacancies in one third of its seats. A nominee for one of the three current vacancies on the circuit, Robert Bacharach of Oklahoma, has been waiting over seven months for a Senate vote, despite strong support from his two home-state Republican senators.

 

PFAW