Attorney General Eric Holder

  • August 30, 2012

    by Jeremy Leaming

    Whether it’s outrageous and wholly unwarranted new restrictions on voting or new voting districts concocted to keep minorities from participating in democracy, rightwing lawmakers and their corporate backers, over the past two years, have stridently pushed an ignoble and tawdry campaign of voter suppression.

    But federal courts this week dealt the anti-democracy campaign some setbacks. First, the U.S. District Court for the District of Columbia’s in State of Texas v. U.S. swept aside the state’s redistricting plans as discriminatory. The new Texas voting districts, the federal court found violated the Voting Rights Act of 1965 because they discriminated against Latino voters.

    Yesterday, U.S. District Court Judge Robert Hinkle said he would sign a permanent injunction against a provision of Florida’s voting overhaul law that made it much more difficult for groups like the League of Women Voters to conduct voter registrations.

    Deidre Macnab, president of the League of Women Voters of Florida told The Associated Press that the state’s “anti-voter law created impassable roadblocks for our volunteers, who have been bringing Floridians into our democratic process for over 72 years.”

    Florida, along with Ohio, Pennsylvania and Texas, has sought to implement some of the more onerous restrictions on voting. Not only did Florida seek to shut down voter registration drives, it also enacted rigid voter ID requirements and sought to greatly limit early voting opportunities.

    Earlier this month the U.S. District Court of the District of Columbia held that Florida’s curtailment of early voting opportunities ran afoul of the Voting Rights Act, which applies to states and localities that have a history of voter discrimination. The court held that curtailing early voting opportunities in Hillsborough, Monroe, Collier, Hardee and Hendry counties would have a discriminatory impact on African American voters. The state, the court held, “failed to satisfy its burden of proving that those changes will not have a retrogressive effect on minority voters,” and that the restrictions on early voting was “analogous to closing polling places in disproportionately African-American precincts.”

    Today the efforts of Texas to manipulate the vote were dealt yet another blow. The state’s onerous voter ID law also violates the Voting Rights Act, the U.S. District Court of the District of Columbia ruled in State of Texas v. Holder.

  • August 24, 2012

    by Jeremy Leaming

    The U.S. Department of Justice has made historic strides in bettering lives of the LGBT community through efforts to promote equality, but Attorney General Eric Holder told an Aug. 23 gathering of the National LGBT Bar Association in Washington, D.C. that he needs the continued involvement, support and passion of its members and other advocates of equality to continue the “momentum.”

    Providing the keynote address at the LGBT Bar Association’s 2012 Annual Lavender Law Conference, Holder did not reveal any new information regarding the DOJ’s efforts to protect the rights and advance equality for LGBT persons, or announce any new initiatives. In an election year that’s hardly surprising, and for this audience, it really did not matter.

    So reciting the DOJ’s and the administration’s well covered efforts was enough for this crowd and sufficient to illicit rounds of ongoing applause. In a speech less than 30 minutes, Holder breezed through the Obama administration’s pro-equality work and provided plaudits for individual lawyers and advocates fighting to advance equality. (See C-SPAN video of Holder's address below the break.)

    “We come together tonight at an exciting moment; thanks to the tireless work of advocates and attorneys in and far beyond this room, our nation has made great strides on the road to LGBT equality and the unfinished struggle to secure civil rights of all Americans,” Holder said. “We can all be proud today,” he continued, “that for the first time in history those who courageously serve this country need no longer hide their sexual orientation. As we approach the one-year anniversary of the end of ‘Don’t Ask, Don’t Tell,’ it is worth celebrating the fact that so many brave souls can serve proudly, honorably, honestly, openly and without fear of discharge.”

    Pivoting quickly to another administration action, Holder reminded the audience at the Washington Hilton that the DOJ no longer defends a major, and onerous provision of the so-called Defense of Marriage Act, the anti-gay measure signed into law by former President Bill Clinton. (It took awhile for the administration to stop defending the blatantly bigoted law for the executive branch has a tradition of defending the constitutionality of acts of Congress.)

    “We can also take pride in the fact that last year, President Obama and I directed the Justice Department not to defend the constitutionality of Sec. 3 of the Defense of Marriage Act,” Holder said. “Since then we’ve seen an increasing and encouraging number of courts hold this provision unconstitutional.”

  • July 30, 2012

    by Jeremy Leaming

    Last fall Risa L. Goluboff and Dahlia Lithwick nailed the slew of new onerous voter ID laws in a piece for Slate detailing the “ugly parallels between Jim Crow and modern vote-suppression laws.”

    The two noted that a few other commentators had also noticed the parallels between these new laws and ugly era of Jim Crow. The majority of the voter ID laws make it much more difficult to vote, and many have been enacted by Republican-controlled legislatures.

    As this blog has noted time and again, the proponents of these laws claim the country’s elections are ridden with voter fraud and that the laws are only about protecting the integrity of the democratic process. But this blog has also pointed out the wobbly evidence of voter fraud. And in their piece for Slate, Goluboff and Lithwick say that voter fraud is a “problem that is statistically rarer than heavy-metal bands with exploding drummers.”

    Loyola Law School Professor Justin Levitt in a recent ACS Issue Brief also took on the claim that these new voter suppression laws were justified by rampant fraud, saying there are more reports yearly of UFOs.

    The Huffington Post’s Dan Froomkin wonders why many journalists feel compelled to trumpet or give credence to proponents’ claims of voter fraud. “Voter fraud simply isn’t a problem in this country,” he writes. “Studies have definitively debunked the voter fraud myth time and again."

    What do exist, Froomkin notes, are the blatant efforts to use photo ID laws to depress voter turnout, mainly among communities of color, low-income people, students and the elderly. These laws make it extremely difficult to obtain the proper form of ID. A report by The Brennan Center for Justice shows just how costly it is for people in a slew of states to attain the proper ID.

  • July 26, 2012

    by Jeremy Leaming

    Before 2011 only two states required their residents to produce government issued ID to vote, but a movement to clamp down on civic participation has been on a roll, fueled by wobbly assertions of voter fraud, and according to a new study, “racial resentment.”

    A recent poll conducted by the University of Delaware Center for Political Communication shows that support for the harsh voter ID laws “is strongest among Americans who harbor negative sentiments toward African Americans.”

    The Center’s research faculty David C. Wilson and Paul Brewer conducted the survey, which included a series of statements intended to measure “racial resentment” of the respondents. For instance, respondents were asked whether they agreed or disagreed, and how strongly, with the statement: “I resent any special consideration that African Americans receive because it’s unfair to other Americans.”

    Brewer said the findings “suggest that Americans’ attitudes about race play an important role in driving their views on voter ID laws.”  

    The Department of Justice is investigating, and challenging in court, several of the new laws. For example, It has opened an investigation of the Pennsylvania, to determine whether it violates the rights of African Americans and other minorities, protected by the Voting Rights Act. U.S. Attorney General Eric Holder, in a speech to the NAACP, said some of the voter ID laws, such as the one in Texas, are akin to the Jim Crow era poll tax.

    In reference to the Texas voter ID law, Holder said a “concealed handgun license would be an acceptable form of photo ID – but student IDs would not. Many of those without IDs would have to travel great distances to get them – and some would struggle to pay for the documents they might need to obtain them. We call those poll taxes.”

    His comments seriously irked right-wing pundits. But a recent report by The Brennan Center for Justice supports Holder’s assertion.

    Studying the states with the restrictive voter ID laws, including the one being challenged by a coalition of civil liberties groups in Pennsylvania, The Brennan Center’s report found that “nearly 500,000 eligible voters do not have access to a vehicle and live more than 10 miles from the nearest state ID-issuing office,” which has limited hours of operation.

  • July 20, 2012

    by Jeremy Leaming

    In a piece examining stringent voter ID laws implemented by a string of states, The New York Times likely in pursuit of balance or so-called objectivity trumpets the defense of the new impediments to voting.

    The laws, Ethan Bronner writes are called “voter suppression” by Democrats, and proponents of them say they are really about ensuring integrity of the nation’s elections, by wiping out voter fraud. And besides, those supporters note, we live in an “era when photo identification is routine for many basic things including air travel.”

    But Viviette Applewhite, interviewed for the piece, gets closer to the truth.

    She’s a 93-year-old Philadelphian who had no difficulty voting in 2008, but because of the state’s new voter ID law is looking at the possibility of not participating in a fundamental component of democracy this time around. “They’re trying to stop black people from voting so Obama will not get re-elected,” Applewhite, whose purse with all her identification was stolen, said. “That’s what this whole thing is about.”

    A Pennsylvania Republican who helped shove the rigid voter ID law through the legislature claimed that it would help the party’s presidential candidate carry the state.

    More importantly, the Constitution does provide that citizens “shall not be denied” the ability to vote because of race. Purchasing a cocktail or an airplane ticket is an action that often requires photo identification. Voting, however, is rather integral to democracy. So equating voting with other actions that require photo IDs is lame.