Democracy and Voting

  • September 30, 2014

    by Caroline Cox

    Robert Barnes of The Washington Post discusses Erwin Chemerinsky’s new book and bold criticisms of the Supreme Court. Chemerinsky recently contributed to the ACSblog Book Talk to discuss his work.

    In The Atlantic, Dawinder Sidhu looks at the next religious freedom case facing the Supreme Court and how it will test how the justices apply Hobby Lobby to minority religions.

    Adam Liptak writes in The New York Times that an answer from the Supreme Court on same-sex marriage is likely to come next June.

    Bloomberg writer Greg Stohr reports that the Supreme Court has blocked an early voting period in Ohio and reinstated voting limits the state passed this year.

    John Nichols writes for The Nation on the Ohio early voting decision and what it says about the Supreme Court’s priorities. 

  • September 29, 2014
    Guest Post

    by Judy Appelbaum, Visiting Professor of Law, Georgetown University Law Center; Acting Assistant Attorney General and Deputy Assistant Attorney General for Legislative Affairs, 2009-2013.

    When Eric Holder testified before the Senate Judiciary Committee in January 2009 on his nomination to serve as Attorney General, he pledged to faithfully execute his duties by adhering to the precepts and principles of the Constitution, and to do so in a fair, just and independent manner. He also promised to reinvigorate the traditional missions of the Department of Justice and emphasized that one of his top priorities would be to safeguard what he called our precious civil rights.  He has lived up to those commitments, and he will leave office with an extraordinary record of accomplishment. 

    I was privileged to have a close-up view of Attorney General Holder’s stewardship of the Department when I helped lead DOJ’s office of legislative affairs for the first four years of his tenure. Right at the beginning, I saw the determination and energy he put into passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which gave the Department new tools to address violent hate crimes and for the first time enabled DOJ to protect LGBT victims.  After the bill became law, he made sure that the Department aggressively investigated and pursued such crimes wherever warranted by the facts and the law. 

    Demonstrating his commitment to fairness in the criminal justice system, early in his term Attorney General Holder also pressed Congress to pass the Fair Sentencing Act to reduce crack-powder sentencing disparities that disproportionately penalized African American offenders.  He didn’t rest on that legislative success, either. He then launched the Smart on Crime Initiative, which led to a series of path-breaking reforms. These include a change in the Department’s charging policies to avoid triggering excessive mandatory minimum penalties for low-level, non-violent drug offenders, and measures to reduce barriers faced by ex-offenders as they re-enter society. Under Holder’s innovative Access to Justice Initiative, the Department has found ways to help ensure that indigent criminal defendants receive adequate legal representation. 

  • September 29, 2014

    by Caroline Cox

    Burgess Everett of Politico reports that judicial confirmation hearings are likely to return after the November elections.

    In The Nation, Ari Berman examines the voting rights record of Eric Holder. In The Washington Post, E.J. Dionne, Jr. looks at Eric Holder’s legacy in comparison to Robert F. Kennedy.

    Adam Liptak writes in The New York Times on the popularity of judicial elections and the legal challenges facing them.

    The New Republic features Jeffrey Rosen’s lengthy interview of Justice Ruth Bader Ginsburg on topics ranging from the Scalia/Ginsburg opera to rumors of her retirement.

    Eric Segall and Lisa McElroy criticize the secrecy of the Supreme Court in an article for Salon.

     

    In The New York Times, Richard Fausset reports on the underrepresentation of African Americans in politics even in large African American communities. 

  • September 25, 2014
    BookTalk
    The Case Against the Supreme Court
    By: 
    Erwin Chemerinsky

    by Erwin Chemerinsky, Dean and Distinguished Professor of Law, Raymond Pryke Professor of First Amendment Law, University of California, Irvine School of Law

    How should we assess the Supreme Court’s performance over the course of American history? That is the central question of my new book, The Case Against the Supreme Court. My conclusion is that the Supreme Court often has failed at its most important tasks and at the most important times. Recognizing this is important in order to focus on how to improve the institution and make it much more likely to succeed in the future.

    Obviously the evaluation of any institution requires criteria by which it can be assessed.   In the introductory chapter, I posit that the Court exists, above all, to enforce the Constitution. The Constitution exists to limit what government and thus the democratic process can do. As Marbury v. Madison said long ago, the limits contained in the Constitution are meaningless unless enforced and that is the “province and duty” of the courts. The judiciary is particularly important in protecting the rights of minorities (of all sorts) who cannot rely on, and should not have to rely on, the democratic majority. Also, the courts need to play a special role in times of crisis to ensure that society’s short-term passions do not cause it to lose sight of its long-term values.

    I believe that all, liberal and conservative, can agree that these are fair criteria by which to assess the Supreme Court. I also think that liberals and conservatives can agree that the Court very often has failed. Part I of the book looks at the Court historically. Chapter one looks at the Court’s dismal record over the course of American history with regard to race. For the first 78 years of American history, from 1787 until 1865, the Court aggressively protected the rights of slave owners and upheld the institution of slavery.  For 58 years, from 1896 until 1954, the Court approved and enforced the doctrine of “separate but equal.” The Court’s failure with regard to race continues to this day, as evidenced by the decision in Shelby County, Alabama v. Holder, which declared unconstitutional a key provision of the Voting Rights Act of 1965. This is the first time since the 19th century that the Court has invalidated a federal civil rights law to protect racial minorities.

  • September 25, 2014

    by Caroline Cox

    The Constitutional Accountability Center offers a review of Chief Justice John Roberts’ tenure on the Court with an introductory chapter penned by Brianne Gorod.

    Amy Davidson argues in The New Yorker that Democrats should stop focusing on Justice Ruth Bader Ginsburg’s retirement.  

    Geoffrey R. Stone finds evidence of a more politically polarized Supreme Court in The Huffington Post.

    In Rolling Stone, Tim Dickinson profiles the Koch brothers and how they acquired both their fortune and political influence.

    The Editorial Board of The New York Times decries the long lines at polling places in black and Hispanic neighborhoods, arguing that these areas are systematically deprived of resources.