In 2013, when the Supreme Court effectively struck down a crucial section of the Voting Rights Act, the disagreement between the five conservative Justices in the majority and the four moderate liberals in dissent was about history as much as law. For the conservatives, Chief Justice John Roberts, Jr., wrote, “Our country has changed” since the statute became law fifty years ago. Devices that once blocked minorities’ access to the ballot, like the voter fees known as poll taxes, had been outlawed for more than forty years. The percentages of whites and minorities who register to vote and then go to the polls are approaching parity in the South and other parts of the country where, half a century ago, they were far apart. It is no longer necessary, Roberts went on, for the federal government to pre-approve any proposed changes to election laws in states with records of entrenched discrimination, as the statute had required since 1965.Full Article: A Limited Victory for Voting Rights in Texas - The New Yorker.
Ruth Bader Ginsburg
It was trumpeted as a victory for voting rights, but this week’s ruling that Texas’ restrictive voter ID law violated the Voting Rights Act — on the eve of the act’s 50th anniversary — was actually something of a defeat. And Justice Ruth Bader Ginsburg saw it all coming. On Wednesday, the U.S. Court of Appeals for the 5th Circuit ruled that Texas’ Senate Bill 14, which requires voters to show photo ID when voting in person, had a “discriminatory effect” on minority voters and thus violated Section 2 of the Voting Rights Act. But the court rejected the claim that the Texas Legislature had a “discriminatory purpose” when it passed the law, a determination the court said requires more “contemporary evidence” that legislators intended to discriminate against black and Latino voters. Last October, when the same case made a short trip to the Supreme Court to determine if S.B. 14 should go into effect before the 2014 election, Ginsburg had dire words for the law. A majority of the justices decided to let it go into effect, but Ginsburg disagreed. “The greatest threat to public confidence in elections in this case is the prospect of enforcing a purposefully discriminatory law,” Ginsburg wrote, “one that likely imposes an unconstitutional poll tax and risks denying the right to vote to hundreds of thousands of eligible voters.”Full Article: Why A Victory For The Voting Rights Act In Texas Feels More Like A Defeat.
Editorials: Mindlessly Literal Reading Loses Again: This Supreme Court decision is a dig at Bush v. Gore | Richard Hasen/Slate
The Supreme Court ended its term Monday with another major rejection of conservative attempts to use wooden, textualist arguments to upset sensible policies. The result in Arizona State Legislature v. Arizona Independent Redistricting Commission, which upheld the use of independent commissions to draw Arizona’s congressional districts, is a big win for election reformers and supporters of direct democracy. The Arizona decision also undermines the strongest conservative argument in favor of George W. Bush in Bush v. Gore, the case that handed him the 2000 presidential election. Monday’s 5–4 decision has much in common with last week’s blockbuster Obamacare ruling. In a 6–3 decision in King v. Burwell, the Supreme Court upheld the availability of federal subsidies for those signed up for Obamacare despite language in the health care law that could have been interpreted to give those subsidies only to those on state exchanges. The court rejected a narrow reading of the term “such exchanges” in the health care case because it saw its job not to read the text out of context but to follow broad congressional purpose. As Chief Justice John Roberts wrote for the King majority: “Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them.”Full Article: Arizona Supreme Court decision: Redistricting ruling undermines Bush v. Gore..
The US supreme court has ruled that states can appoint independent commissions to draw the boundaries of congressional districts, rejecting a challenge by Arizona Republicans in a decision that could have wide-ranging effects on the partisan congressional redistricting practice known as gerrymandering. The court’s decision affirms the constitutionality of an Arizona state ballot measure approved by voters in 2000, which allowed an independent commissioner to determine congressional districts in the state.Full Article: Supreme court upholds independent redistricting in blow to gerrymandering | US news | The Guardian.
State Rep. Poncho Nevárez pre-filed 3 bills, HB534, HB535, and HB536 regarding the Texas voter ID law enacted in 2011, which was ruled unconstitutional by a Federal District Court Judge in early October. Judge Nelva Gonzalez Ramos struck down the voter ID law expressing that it “creates an unconstitutional burden on the right to vote” and results in “an impermissible discriminatory effect against Hispanics and African Americans” while also constituting a “poll tax.” Although the U.S. Supreme Court permitted the Texas voter ID law to be enforced in the past elections in November, pending its appeal, Justice Ruth Bader Ginsburg, Justice Sonia Sotomayor, and Justice Elena Kagan dissented explaining that more than 600,000 registered Texas voters may be prevented from voting due to lack of the proper identification.Full Article: LEGISLATURE: State representative files bills to counter voter ID law - Your Houston News: News: voter id, poncho nevarez, legislature,.
Earlier this month, the Supreme Court upheld a move by Texas lawmakers to implement voter identification checks at polls during the midterm elections this November. “Justice Ruth Bader Ginsburg issued a six-page dissent saying the court’s action ‘risks denying the right to vote to hundreds of thousands of eligible voters,’” reports Adam Liptak for The New York Times. “The law, enacted in 2011, requires voters seeking to cast their ballots at the polls to present photo identification like a Texas driver’s or gun license, a military ID or a passport,” he explains. “Those requirements, Justice Ginsburg wrote, ‘may prevent more than 600,000 registered Texas voters (about 4.5 percent of all registered voters) from voting in person for lack of compliant identification.’” At the heart of the voter-ID debate is the specter of voter fraud. Right-leaning pundits have expended hours upon hours of airtime persuading viewers of its widespread existence and insidious growth. “Voter fraud will occur” during the 2014 midterm elections, claims Hans von Spakovsky, writing for The Wall Street Journal. “Many states run a rickety election process, lacking rules to deter people who are looking to take advantage of the system’s porous security. And too many groups and individuals — including the N.A.A.C.P., the American Civil Liberties Union and U.S. Attorney General Eric Holder — are doing everything they can to prevent states from improving the integrity of the election process.” “Democrats want everyone to vote: old, young, white, black, Hispanic, Asian, citizen, non-citizen,” Mona Charen writes at National Review. “Voter-ID laws, passed by 30 states so far, are efforts by legislatures to ensure the integrity of votes. Being asked to show a photo ID can diminish several kinds of fraud, including impersonation, duplicate registrations in different jurisdictions, and voting by ineligible people including felons and non-citizens,” she says.Full Article: Is It Voter Fraud or Voter Suppression in 2014? - NYTimes.com.
Texas: Ginsburg Was Right: Texas’ Extreme Voter ID Law Is Stopping People From Voting | Huffington Post
A Texas voter ID law considered to be one of the most restrictive in the country is doing exactly what Supreme Court Justice Ruth Bader Ginsburg warned it would do: stopping Americans from voting. A disabled woman in Travis County was turned away from voting because she couldn’t afford to pay her parking tickets. An IHOP dishwasher from Mercedes can’t afford the cost of getting a new birth certificate, which he would need to obtain the special photo ID card required for voting. A student at a historically black college in Marshall, who registered some of her fellow students to vote, won’t be able to cast a ballot herself because her driver’s license isn’t from Texas and the state wouldn’t accept her student identification card. There are plenty of stories like this coming out of Texas in the early voting period leading up to Election Day. Texas’ tough voter ID law, signed by Gov. Rick Perry in 2011, requires voters to show one of seven types of photo identification. Concealed handgun licenses are allowed, but college student IDs are not, nor are driver’s licenses that have been expired for more than sixty days. The law has been the subject of an extensive legal battle, with a federal court finding it unconstitutional earlier this month. But the Supreme Court then rejected an emergency request to put the law on hold for the upcoming election. Ginsburg authored a blistering dissent to that decision, calling the law an “unconstitutional poll tax.” The ruling marked the first time in 32 years that the Supreme Court allowed a law restricting voting rights to be implemented after a federal court ruled it unconstitutional for targeting minorities, according to SCOTUSblog.Full Article: Ginsburg Was Right: Texas' Extreme Voter ID Law Is Stopping People From Voting.
Early voting began on Monday in Texas and Wisconsin. As a result of recent rulings by the U.S. Supreme Court, Texas residents will need a particular form of identification to vote; Wisconsinites can vote without one. On Saturday, the Supreme Court issued an order, in response to an emergency request from the Justice Department and various civil-rights groups, that permits Texas to enforce a voter-I.D. law that had been struck down twice by lower courts. The Texas law had previously been found to violate Section 2 of the Voting Rights Act, which prohibits racist discrimination, because it requires that voters in the state obtain one of seven types of identification that are not held by many African-Americans and Hispanics. Justice Ruth Bader Ginsburg wrote a dissent for the Court, which Justices Elena Kagan and Sonia Sotomayor signed. Ginsburg called the conditions under which elections in Texas will now take place “the strictest regime in the country.” She argued that the rigidity of Texas’s law distinguished it from Wisconsin’s law. “For example, Wisconsin’s law permits a photo ID from an in-state four-year college and one from a federally recognized Indian tribe,” Ginsburg wrote. “Texas, under Senate Bill 14, accepts neither.” The court’s tone was a contrast from earlier this month, when it stopped Wisconsin from implementing its voter-I.D. law because of the proximity of the upcoming election. The rationale had little, if anything, to do with the plaintiffs’ argument that certain communities of voters—the poor, the elderly, the African-Americans, the Latinos—were being disproportionately burdened in trying to obtain the proper form of identification. There are at least two lines of logic that the Court is using to address the set of voting-rights cases that it has reviewed leading up to November’s election. One, as exhibited in Wisconsin, asserts that, just weeks out, it is too late to implement changes to voting permissions. The other is less straightforward, not least because the Court did not affirmatively defend its decision in the Texas case, and calls into question the way that the right to vote has been interpreted, as well as the role of the Supreme Court in offering clarity.Full Article: Judging the Right to Vote - The New Yorker.
Editorials: Justice Ginsburg’s dissent on Texas’ voter ID law a wake-up call for voting rights | Richard L. Hasen/Dallas Morning News
Every so often, Supreme Court watchers are reminded that these justices are working hard behind the scenes by reading briefs, exchanging memos and debating outcomes. Case in point: The justices issued an order and a dissent in a Texas voting rights case at 5 a.m. Saturday. Supreme Court reporters stood by all night for the ruling. The holdup apparently was Justice Ruth Bader Ginsburg’s six-page dissent, joined by Justices Elena Kagan and Sonia Sotomayor. The Supreme Court allowed Texas to use its voter ID law in the upcoming election, even though a federal court decided a few weeks ago that Texas’ law violated both the Constitution and the Voting Rights Act, and that Texas engaged in intentional racial discrimination in voting. The trial court had barred Texas from using its law this election, but the U.S. Court of Appeals for the 5th Circuit reversed that decision last week, and the law’s challengers went to the Supreme Court, where, as expected, the court sided with Texas. The Supreme Court’s order was consistent with some of its other recent orders indicating that lower courts should not change the rules of running an election shortly before voting begins. I have dubbed this rule the Purcell Principle, for a 2006 Supreme Court case.Full Article: Richard L. Hasen: Justice Ginsburg’s dissent on Texas’ voter ID law a wake-up call for voting rights | Dallas Morning News.
The supreme Court’s weirdly busy October brings to mind an old Cadillac commercial showing a sedan gliding silently down the highway, driver calm and confident in a hermetic, leather-appointed cabin, while the announcer intones, “quietly doing things very well.” Whether the justices are doing their jobs well depends on your point of view. But there is no disputing that they have been doing their most consequential work in uncharacteristic silence in recent weeks. The justices’ moves on gay marriage, abortion and voting rights have been delivered all but wordlessly, as Dahlia Lithwick of Slate recounts. The notable exception to the rule is Ruth Bader Ginsburg, the justice who refused to hold her tongue over the weekend, when six of her colleagues permitted Texas to enforce its new photo identification law in the November elections. The Court’s announcement came down at the ungodly hour of 5am on Saturday. It followed a federal district court decision on October 9th that the Texas law was discriminatory in both intent and effect and “constitutes a poll tax”—a ruling that was stayed by the Fifth Circuit Court on October 11th. The stay prompted an emergency appeal to the Supreme Court via Antonin Scalia, the justice assigned to the Fifth Circuit. The six justices who denied the request to lift the stay before dawn on October 18th were mum as to why; they released no reasoning for the decision, which effectively gives Texas’s questionable voter law a pass. But Justice Ginsburg and her clerks apparently ordered pizza and downed some Red Bull on Friday evening, pulling an all-nighter to compose a six-page dissent, which Justices Sonia Sotomayor and Elena Kagan joined. (Rick Hasen asks why Justice Stephen Breyer, the fourth liberal justice, did not sign on to the dissent; one strong possibility is that he was asleep.)Full Article: The Supreme Court and voting rights: Silent treatment | The Economist.
Editorials: How racism underlies voter ID laws: the academics weigh in | Michael Hiltzik/Los Angeles Times
The voting laws requiring photo IDs inherently racially discriminatory, as Supreme Court Justice Ruth Bader Ginsburg maintained in her blistering dissent Saturday morning? A team of politician scientists from Appalachian State, Texas Tech and the University of Florida took on that question for an article just published in Political Research Quarterly (h/t: Justin Levitt). Their conclusion is that the claims of proponents that they’re just upholding the principle of ballot integrity can be discounted; the photo ID laws aim to disenfranchise Democratic voters; they cite findings that the raised cost of voting imposed by photo ID requires “falls overwhelmingly on minorities.” In other words, the answer is yes. The researchers are William D. Hicks of Appalachian, Seth C. McKee of Texas Tech, and Mitchell D. Sellers and Daniel A. Smith of Florida. They observe that voter ID laws in general and photo ID laws specifically surged in 2006 and later, when the electorate became highly polarized. In 2000, four states–Arkansas, Georgia, Michigan and North Dakota–had enacted ID laws, none of them photo-based; they aimed to clarify voting rules, part of a trend that led to the Help America Vote Act, which was passed by a bipartisan vote in Congress in 2002. At the time, the idea of straightening out confusing differences in voting rules was noncontroversial: “why would any member of Congress oppose helping Americans vote?” the authors ask. The atmosphere soon changed. In 2001, only 14 states required identification to vote, of which only four specified photo IDs; by 2014, 34 states had ID laws, including 17 photo ID laws. In 2011 alone, six states added a photo ID requirement.Full Article: How racism underlies voter ID laws: the academics weigh in - LA Times.
The Supreme Court on Wednesday issued a brief, unsigned order reinstating provisions of a North Carolina voting law that bar same-day registration and counting votes cast in the wrong precinct. A federal appeals court had blocked the provisions, saying they disproportionately harmed black voters. In a dissent, Justice Ruth Bader Ginsburg, joined by Justice Sonia Sotomayor, said she would have sustained the appeals court’s determination that the two provisions “risked significantly reducing opportunities for black voters to exercise the franchise.” The case arose from a law enacted by North Carolina’s Republican-controlled Legislature in the wake of Shelby County v. Holder, the 2013 Supreme Court decision that effectively eliminated a central provision of the federal Voting Rights Act, its Section 5.Full Article: Parts of North Carolina Law Limiting Vote Are Restored by Justices - NYTimes.com.
A divided U.S. Supreme Court blocked Wisconsin’s voter ID law late Thursday, issuing a terse yet dramatic one-page ruling less than four weeks before the Nov. 4 election. The 6-3 vote means in all likelihood the requirement to show ID at the polls will not be in effect for the election. But Attorney General J.B. Van Hollen said he would seek ways to reinstate the law within the month. Gov. Scott Walker and his fellow Republicans approved the law in 2011, but it was quickly blocked by a series of court decisions in four lawsuits. It was reinstated by a federal appeals court in recent weeks, but Thursday’s ruling again put the law on hold. “That is great news, wonderful news,” Milwaukee NAACP chapter President James Hall said. “I think it’s gratifying that the court has seen fit to block the implementation of this law that would most certainly create chaos and confusion in this election.”Full Article: U.S. Supreme Court blocks Wisconsin voter ID law.
North Carolina: Supreme Court allows North Carolina to implement voting law for midterm elections | The Washington Post
The Supreme Court Wednesday night allowed North Carolina to implement for the coming election changes in the state’s voting law that an appeals court had blocked. The action means that the state can eliminate same-day registration and not count ballots cast by voters who show up at the wrong precinct. A panel of the U.S. Court of Appeals for the 4th Circuit had blocked both changes because it said they would disproportionately affect African-American voters. The Supreme Court’s order did not detail the majority’s reasoning. But Justices Ruth Bader Ginsburg and Sonia Sotomayor said they would have kept the lower court’s order in place. “The Court of Appeals determined that at least two of the measures — elimination of same-day registration and termination of out-of-precinct voting — risked significantly reducing opportunities for black voters to exercise the franchise in violation of Section 2 of the Voting Rights Act,” Ginsburg wrote. “I would not displace that record-based reasoned judgment.”Full Article: Supreme Court allows North Carolina to implement voting law for midterm elections - The Washington Post.
With four major voting rights cases currently before the courts, access to the ballot for the upcoming midterms hangs in the balance. But the stakes could be much higher still. If one of the cases winds up before the Supreme Court, as looks likely, it could give Chief Justice John Roberts and his conservative colleagues a chance to decisively weaken safeguards against race bias in voting. And with the Republican-controlled Congress unlikely to pass new voting protections, that could usher in a bleak new era for voting in America — half a century after the issue looked to have been put to rest. “I’m very worried that the Supreme Court will take a case on the merits, and write an opinion that drastically constricts the right to vote,” said Daniel Tokaji, an election law scholar at Ohio State University. “I think that is a very real danger, given the conservative composition of this court, which has shown itself to be no friend to voting rights.” Justice Ruth Bader Ginsburg this week named the Shelby County v. Holder ruling, which neutered the Voting Rights Act’s strongest provision, as one of the current court’s three worst. But Shelby left open a key question: What kinds of voting restrictions is the post- version of the VRA strong enough to stop? Any of the four pending cases could give the court a chance to provide an answer.Full Article: Supreme Court could weaken voting rights — again | MSNBC.
The Supreme Court on Tuesday seemed prepared to strike down a part of federal campaign finance law left intact by its decision in Citizens United in 2010: overall limits on direct contributions from individuals to candidates. The justices seemed to divide along familiar ideological lines, and they articulated starkly different understandings of the role of money and free speech in American politics. “By having these limits, you are promoting democratic participation,” Justice Ruth Bader Ginsburg said. “Then the little people will count some and you won’t have the super-affluent as the speakers that will control the elections.” Justice Antonin Scalia responded, sarcastically, that he assumed “a law that only prohibits the speech of 2 percent of the country is O.K.” Chief Justice John G. Roberts Jr., who probably holds the crucial vote, indicated that he was inclined to strike down overall limits on contributions to several candidates, but perhaps not separate overall limits on contributions to several political committees.Full Article: Supreme Court Again Weighs Spending Limits in Campaigns - NYTimes.com.
The Supreme Court argument in McCutcheon v. Federal Election Commission on aggregate limits on campaign donations was odd, to say the least. Justices who were inclined to uphold the limit seemed to agree that the limits on what an individual can give to all candidates and the national and state parties collectively is there to prevent a few billionaires from controlling elections. Justice Ruth Bader Ginsburg, for example, asked, “Is there any information on what percentage of all contributors are able to contribute over the aggregate?” Justice Elena Kagan later echoed this concern: “Now, having written a check for $3.5 million to a single party’s candidates, are you suggesting that that party and the members of that party are not going to owe me anything, that I won’t get any special treatment?” The solicitor general asserted the same: “Aggregate limits combat corruption both by blocking circumvention of individual contribution limits and, equally fundamentally, by serving as a bulwark against a campaign finance system dominated by massive individual contributions in which the dangers of quid pro quo corruption would be obvious and inherent and the corrosive appearance of corruption would be overwhelming.”Full Article: An upside-down campaign finance system.
Justice Ruth Bader Ginsburg says she’s not surprised that Southern states have pushed ahead with tough voter identification laws and other measures since the Supreme Court freed them from strict federal oversight of their elections. Ginsburg said in an interview with The Associated Press that Texas’ decision to implement its voter ID law hours after the court struck down a key provision of the Voting Rights Act last month was powerful evidence of an ongoing need to keep states with a history of voting discrimination from making changes in the way they hold elections without getting advance approval from Washington. The Justice Department said Thursday it would try to bring Texas and other places back under the advance approval requirement through a part of the law that was not challenged.Full Article: Ginsburg Says Push for Voter ID Laws Predictable - ABC News.
Attorney General Eric Holder has opened what will be an epic battle over whether our country will remain committed to equal rights at the ballot box. In a display of egregious judicial activism in late June, the conservative majority on the Supreme Court gutted the Voting Rights Act. Holder made clear last week he intends to fight back. The struggle will begin in Texas, but it won’t end there. “We cannot allow the slow unraveling of the progress that so many, throughout history, have sacrificed so much to achieve,” Holder told the National Urban League’s annual conference. He wasn’t exaggerating the stakes. From the moment the Supreme Court threw out Section 4 of the act, which subjected the voting laws in states and jurisdictions with a history of discrimination to Justice Department scrutiny, conservative legislators in those places gleefully signaled their intention to pass laws to make it harder to vote. In addition, Texas reimposed a redistricting map that a federal court had already ruled was discriminatory. These hasty moves were unseemly but entirely predictable, proving that Chief Justice John Roberts’s opinion in the case will become a Magna Carta for voter suppression. Without having to worry about “pre-clearance” from the Justice Department, legislators can go about their business of making it more difficult for voters who would throw them out of office to reach the polls — and of drawing racially gerrymandered districts that prolong their tenure. Justice Ruth Bader Ginsburg understood a logic here that escaped Roberts. “A governing political coalition,” she wrote in her dissent, “has an incentive to prevent changes in the existing balance of voting power.”Full Article: E.J. Dionne: Holder fights back on voting rights - The Washington Post.
Hank Sanders grew up in segregated, rural southern Alabama and in 1971 moved to Selma—the birthplace of the Voting Rights Act. Before the VRA, only 393 of the 15,000 black voting-age residents in Dallas County, where Selma is located, were registered to vote. Less than a year later, after federal registrars arrived in August 1965, more than 10,000 black voters had been added to the rolls. Sanders experienced firsthand how the VRA transformed Selma and the rest of the country. In 1983, he became the first African-American state senator from the Alabama Black Belt since Reconstruction, representing a new majority-black district created by the VRA. Thirty years later, Sanders watched in disbelief this June as the Supreme Court overturned the centerpiece of the VRA in Shelby County v. Holder. “It’s the most destructive Supreme Court decision in my lifetime,” Sanders said. “It reverses the very foundation of all the progress that we have made.” Reactions in Selma, he said, “ranged from shock to resignation.” The Court’s conservative majority struck down Section 4 of the law, which determines how states are covered under Section 5—the vital provision that requires states with the worst history of racial discrimination in voting, dating back to the 1960s and ’70s, to clear electoral changes with the federal government. Without Section 4, there’s no Section 5. The most effective provision of the country’s most important civil rights law is now a ghost unless Congress resurrects it.Full Article: A New Strategy for Voting Rights | The Nation.