Voting rights

  • July 16, 2015
    Guest Post

    by Alan B. Morrison, Lerner Family Associate Dean for Public Interest & Public Service, George Washington University Law School

    *This post originally appeared on The Huffington Post.

    When most people propose changes in our electoral system, they generally do so in order to achieve a political end, not because the change conforms to a platonic ideal of what elections should be like. So it is with the plaintiffs in Evenwel v. Abbott, No. 14-940, which the Supreme Court will hear this fall. Their claim is that, when states draw their legislative districts, the Equal Protection Clause requires that they use the numbers of voters, instead of the number of people, as the basis for allocating seats within the states.

    The Supreme Court has ended the most blatant forms of gerrymandering and required legislative districts at both the state and federal level to be equal in composition within each state. The Court's rulings have been labeled "one person, one-vote," and the general assumption has been that, in dividing up each house by districts, the denominator has been the total population of the state.

    Evenwel challenges that assumption and argues that, because the goal of one person, one vote is to have each person's vote count the same as every other person's, the denominator should be total voters and not total population. If this were the law, the main groups that would no longer be counted are children, illegal immigrants, those not registered to vote, and felons who are precluded from voting. Until the actual lines are drawn for all the districts in a state, the results are not certain. But we do know that the backer of this lawsuit (Edward Blum) also supports Fisher v. University of Texas, which seeks the elimination of affirmative action in university admission. Therefore, it is reasonable to assume that he believes that the change would have an adverse impact on minorities and their Democratic supporters, or at least it has that potential in some states, including Texas where the case was brought.

  • June 19, 2015

    by Nanya Springer

    For those who attended, the 2015 ACS National Convention was not only an opportunity to catch up with old friends, make new connections, and obtain CLE credits; it was also a time to reflect upon the important work that attorneys do every day and gain inspiration for the road ahead.  Speakers from across the country and from diverse professional backgrounds delved into the issues of the day, including voting rights, women’s access to reproductive health care, LGBT rights and marriage equality, access to counsel, and more.  Here are some highlights with links to high-quality video for those who missed the live event.

    Stephen Bright, president and senior counsel at the Southern Center for Human Rights, received a stirring round of applause when he encouraged students and young lawyers to represent unpopular clients, saying “we need to see the kinds of injustices that got . . . people where they are.” In attendance with Mr. Bright were Theo Shaw, one of the exonerated “Jena 6” who is now on his way to law school on a full scholarship, and Jarrett Adams, an exoneree who graduated from law school and will soon begin clerking for the court that exonerated him.

    Wendy Davis, women’s rights crusader and a former state Senator from Texas, discussed how rampant voter suppression has led to bad policies in her state, particularly concerning access to reproductive health care. “Women who lack the means to manage their fertility lack the means to manage their lives,” she declared. “It is just that simple.”

    Former U.S. Attorney General Eric Holder called for automatic registration of all eligible voters in the U.S., stating that “the ability to vote is a right, it is not a privilege.” He decried efforts to make voting less accessible, explaining that in-person voting fraud is very rare and no such widespread schemes have been detected.

    U.S. Representative Hakeem Jeffries discussed the ongoing need to address faulty police practices, including so-called “taxation by citation,” “stop and frisk,” and “broken windows” tactics that disproportionately target low-income people and communities of color.

    U.S. Supreme Court Justice Ruth Bader Ginsburg drew laughs and applause during her conversation with California Supreme Court Justice Goodwin Liu. Speaking about her groundbreaking career, she said “I don’t think the meaning of feminism has changed,” it has always meant “girls should have the same opportunity to dream, aspire, achieve . . . as boys.” It’s about “women and men working together to help make society a better place.”

  • June 8, 2015

    by Caroline Cox

    Jerry Markon reports for The Washington Post that the White House has stopped work on its immigration program in response to numerous legal setbacks this year.

    At SalonHeather Digby Parton writes about the plot against the Affordable Care Act and the dire circumstances that would arise should the Court rule against the healthcare law. 

    Sarah Kliff of Vox takes a critical look at the GOP's five plans to fix the Affordable Care Act should the Supreme Court strikes down the law.

    At SlateMichael J. Socolow explains how television stations are the major winners of the Citizens United ruling. 

    Kenneth Jost considers at Jost on Justice Texas's challenge to the "one-person, one-vote" rule that the Supreme Court granted cert to late last month.

     

     

  • February 18, 2015
    Guest Post

    by Ryan P. Haygood, Deputy Director of Litigation, NAACP Legal Defense and Educational Fund, Inc.

    *This post is part of our two-week symposium on racial inequalities in the criminal justice system.

    The history-making events of “Bloody Sunday” on March 7, 1965, in Selma, Alabama, ultimately freed the vote for millions of Black voters.  But 50 years later, as we commemorate the march that led to passage of the Voting Rights Act of 1965, we are also reminded that more than two million Black people continue to be denied the right to vote by one of the vestiges of American slavery.

    Black voter registration in Selma in 1965 was made virtually impossible by Alabama’s relentless efforts to block the Black vote, which included requiring Blacks to interpret entire sections of Alabama’s constitution, an impossible feat for even the most learned.  On one occasion, even a Black man who had earned a Ph.D. was unable to pass Alabama’s literacy test.

    On Bloody Sunday, John Lewis and Reverend Hosea Williams led almost 600 unarmed men, women and children in a peaceful march across the Edmund Pettus Bridge from Selma to Montgomery to dramatize to the nation their desire as Black people to participate in the political process.

    As they crossed the highest part of the bridge, the marchers were viciously attacked by Alabama state troopers, who ridiculed, tear-gassed, clubbed, spat on, whipped and trampled them with their horses.  In the end, Lewis’s skull was fractured by a state trooper’s nightstick, and 17 other marchers were hospitalized.

    In direct response to Bloody Sunday, President Lyndon Johnson five months later signed the Voting Rights Act of 1965 into law.  Considered by many to be the greatest victory of the civil rights movement, the Voting Rights Act removed barriers, such as literacy tests, that had long kept Blacks from voting.

    Despite the promise of increased political participation by Black people and other people of color created by the Voting Rights Act, which twice led to the election of a Black president, its full potential has not been realized by one of the last excluded segments of our society: Americans with criminal convictions.

    Today, more than 5 million Americans are locked out of the political process by state felon disfranchisement laws that disqualify people with felony convictions from voting.

    The historical record reveals that to prevent newly freed Blacks from voting after the Civil War, many state legislatures in the North and South tailored their felon disfranchisement laws to require the loss of voting rights only for those offenses committed mostly by Black people.

  • February 9, 2015
    Guest Post

    by Katherine Culliton-González, Chair, Voting Rights Committee of the Hispanic National Bar Association

    This morning the D.C. Circuit federal court heard important oral argument about the fundamental right to vote of persons born in the United States.  That’s right—in Tuana v. United States, the federal court will decide whether U.S. nationals have the right to vote. 

    Like millions of U.S. citizens born in Puerto Rico, millions of “nationals” born in the “unincorporated U.S. territories” in American Samoa and other Pacific Islands cannot vote in the elections of the country that governs their existence.  The overwhelming majority are voters of color—and as we celebrate the 50th Anniversary of the Voting Rights Act, we must wonder why any U.S. citizen or “national” governed by our laws and subject to our jurisdiction would be so flatly and unequivocally denied the fundamental right to vote. 

    Puerto Ricans living on the Island cannot vote in federal elections because they have only limited citizenship under the Jones Act of 1917.  Yet they serve in the military and must abide by the laws of the United States.  Puerto Rico is home to nearly 4 million Latino U.S. citizens who cannot vote to elect congressional representatives or the president.  This Catch-22 can also be traced to a controversial series of Reconstruction-era Supreme Court decisions known as the Insular Cases, which created a doctrine of “separate and unequal” status for more than 4 million Americans living in “unincorporated U.S. territories” such as American Samoans.  First Circuit Judge Juan Torruella argued at a Harvard Law School conference that “the Insular Cases should be soundly rejected because they represent the thinking of a morally bankrupt era in our history that goes against the most basic precept for which this nation stands: the equality before the law of all of its citizens.”