Tuesday, June 25, 2013

The SCOTUS decision rendered today should chill EVERY progressive to the bone.

Courtesy of Forbes:  

In a 5-4 decision along the ideological lines one might expect, the Supreme Court today cut out the heart and soul of the Voting Rights Act of 1965. 

While preserving the purpose and the intent of the momentous civil rights law—as set forth in Section 2 of the Voting Rights Act (“VRA”) which proclaims that no American can be denied the right to vote based on their race or gender­—the Court struck down the sole method of enforcing the intent of the law. They accomplished this by declaring Section 4 of the Act, which sets forth the formula for determining which state and local governments must seek federal approval of any and all changes to their voting laws before placing the same into effect, to be unconstitutional. 

Writing for the majority, Chief Justice Roberts stated, 

“In 1965, the states could be divided into two groups: those with a recent history of voting tests and low voter registration and turnout, and those without those characteristics,” Chief Justice John G. Roberts Jr. wrote for the majority. “Congress based its coverage formula on that distinction. Today the nation is no longer divided along those lines, yet the Voting Rights Act continues to treat it as if it were.” 

In other words, it is the opinion of the Court’s majority that the enforcement provisions of the Voting Rights Act worked so well that to continue enforcement under the existing scheme is unconstitutional. 

The logic of the majority represents a tragic irony given that the ruling comes at a time when minority voting rights are, once again, under severe attack as state governments under GOP control seek to rig the game in an effort to overcome the demographic and racial shifts in the electorate. These changes dramatically improve the opportunities for Democrats to gain elected office—particularly when it comes to the presidency.

I'm sorry but ANYBODY who does not recognize this as an attempt to undercut the new progressive direction the voting demographic has taken is either naive, lying to themselves, or a Republican hoping we won;t notice.

As anybody who watched the transparent and aggressive attempts to undermine the black vote in places like Ohio and Florida can attest, the need for this voting act is still clearly and obviously necessary.

So the Supreme Court sends the Voting Rights Act back to Congress for "adjustments."  This is the same Congress that could not reach an agreement on the color of the sky if somebody put a gun to their heads. 

The Court might as well have dropped it into a bottomless pit. 

What this proves, beyond any doubt in my mind, is that the Supreme Court is no longer a fair and reasonable deliberative body, that can reach decisions NOT based on partisanship and prejudice.

I am beyond worried about the upcoming decision on DOMA.

30 comments:

  1. angela2:37 PM

    Believe me Gryphen---this decision may chill progressives---but as a black person I am feeling Jim Crow and a whole lot of other pre civil rights laws moving us to the back of the bus again.

    And can I just say . . and I mean this from the heart . . . . .
    FUCK YOU CLARENCE THOMAS!!!!!

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    Replies
    1. Anonymous3:28 PM

      Angela, I've cheered as minority people have refused to denied their vote in the last few elections. The SCOTUS is BLIND if they think there is no attempt to deny minorities of their right to vote. Standing in line for hours in order to vote is denial. No reasonably convenient voting places is a denial of the right. It goes on... I will continue yelling and cheering.

      What else can I do? I live in WA with all mail-in voting and reasonably moderate members of Congress.

      I am heartsick for my country.

      Elizabeth 44

      Delete
    2. Anonymous4:25 PM

      I hope every minority, poor, elderly, and handicapped person in America will understand this decision for exactly what it is: a declaration of war against them. And I hope and pray that they will act accordingly.

      I also hope that every single one of them will go through every required step to get their voter ID, follow the voting instructions to the letter, and outwit these last-gasp fascists at every turn. I further hope that massive numbers of people from each of these categories will now decide to run for precinct leaders and other local offices, and that they will make sure that their friends are out there, voting them into office. I also hope that in EVERY election from now on, not just presidential or Congressional elections, the turnout by this group of voters will be at the one hundred percent level, and that THEN, they will change the voting laws to be truly open, flexible, modern, and fair.

      My optimistic side is hoping that the righties will have unknowingly awakened a sleeping giant, one who decides to never again take a nap.

      Delete
  2. Anonymous3:07 PM

    Even before the 2008 presidential election, I read a comment that said "I would vote for Obama even if he was mean to kittens and orphans. The Supreme Court is so heavily loaded with justices that would take us back to the Bronze Age, if Obama can appoint just two SANE, MODERN judges, this country would be much better off."

    Now I understand more clearly.

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  3. Anonymous3:12 PM

    This is so wrong. So montrous. I heard someone on NPR talking about the Chief Justice and how 'he's a young man. He has plans and am agenda for the longtem." Yes, I'm certain he does. And not one of those plans is good for the people he is supposed to represent. My God. Can the Court be impeached?

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  4. Anonymous3:13 PM

    Attorney General Abbott from TX has already decreed that the voter ID law takes effect immediately. (He was tweeting this gleefully just minutes after the decision came down). So much for people who do not drive or have government issued ID exercising their right to vote. As it costs a decent sum of money, and the time to stand in line at a gov't office for hours, to acquire any of the accepted forms of ID, the poor, elderly and minorities will be disenfranchised (which is the entire point of the law).

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    1. Anonymous4:34 PM

      Let's all hope for a voter registration drive in Texas that is so massive that it will have the righties gnashing their teeth. Each one of us, in our own districts and states, can register voters, teach them about voting (including absentee voting where possible), and drive them to the polls.

      I truly believe that this decision is even more sinister, more outrageous, than Plessy vs. Ferguson (separate but equal) because, after a few hundred years of nationhood, many Americans are still fighting hard to obtain this fundamental Constitutional right. This decision should destroy whatever credibility and legacy that remain of John Roberts and his Gang of Five.

      Delete
  5. fromthediagonal3:25 PM

    angela @ 2:37... yes, Fuck him and the Money Clans of all stripes who facilitated those regressives' ascendance to the highest court of the land.
    I did not become a naturalized citizen because I fancied the regressive mindset.
    To sum it up, I feel a sense of betrayal...
    But I shall not give up. I shall work for the principles upon which this nation was founded and the secular humanist advancement provided by courts much more enlightened than this benighted majority coalition of old regressive men.

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  6. I wonder if there's a national organisation (or more than one) that will set up NOW a register-to-vote movement in those states to literally drive people to the registration points and/or ID centers and wait with them while they get their IDs?

    I know Illinois has an alternate to a state issued drivers license - a state issued ID.

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  7. This shit will NOT STAND! These Supreme court justices might as well wear the Klan robe(I'including that mother fucker Clarence *spits* Thomas).

    The one thing the Republicans will NEVER understand...is that black folks DIED to VOTE and we will STAND in whatever long fucking lines that the Grand Old Racist Party creates until our legs fall off...to continue that motherfucking right!

    Fuck em all the bastards!

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  8. Anonymous3:48 PM

    Great decision by Scotus on the VRA
    Now uphold DOMA and strike down gay marriage
    And the House to stop the Immigration bill
    Great victories for the American people

    ReplyDelete
    Replies
    1. Anonymous4:27 PM

      You sound like that shameless idiot Sarah.

      Delete
    2. angela4:28 PM

      And stop brother and sister from marrying each other so people like you won't keep looking for dates at family reunions. . . .

      Delete
    3. Sieg Heil!

      Great Victories for the Korporate States of Amerika!

      Delete
  9. Anonymous3:48 PM

    Oligarchy now reins "SUPREME" in America. This SCOTUS is methodically killing democracy, and doing the bidding of their rich and powerful masters. Pretty soon, they will also revoke the right of women to vote. We have to mobilize, to vote these bastards out of office in 2014.

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    Replies
    1. Unfortunately you can't vote out the Supreme Court.

      What we need is to keep a Democrat in the Oval office until enough of the fascist five die or retire. We also need to put supermajorities in both the House and the Senate.

      Enough of this 60+1 majority needed shit.

      Oh, and we'll have to do it in gerrymandered districts with all of the new voting restrictions, and the Democrats will have to win by over a 10% margin so the Diebold machines don't flip the vote.

      Delete
    2. Anonymous10:00 AM

      Not to worry my brothers and sisters. We have seen this dance before. Judgement day is coming for these ass holes Mobilize, agitate, and organize. We will defeat them in the end. Power to the People!

      Delete
  10. Throwing this coverage formula back into the hands of our dysfunctional congress is a dereliction of duty by SCOTUS and a sure sign that they have no clue about the abuses that continue to this day. They have in essence pushed us back into the 1960s.

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  11. Anonymous4:00 PM

    LOL David Plouffe tweets ‏

    https://twitter.com/davidplouffe


    @SarahPalinUSA Jobs up, unemp down, war over, terrorists dead, autos humming, equality rising, clean energy up. Reality. You should try it.

    ReplyDelete
  12. OT - Sen. Wendy Davis (D - Texas) is in the middle of a 13 consecutive hour filibuster to block a GOP-led effort that would impose stringent new abortion restrictions across the nation's second-most populous state.

    Sen. Wendy Davis, 50, of Fort Worth began the filibuster at 11:18 a.m. CDT Tuesday and passed the halfway mark in her countdown to midnight — the deadline for the end of the 30-day special session.

    Rules stipulate she remain standing, not lean on her desk or take any breaks — even for meals or to use the bathroom. Colleagues removed her chair so she wouldn't sit down by mistake.

    If signed into law, the measures would close almost every abortion clinic in Texas, a state 773 miles wide and 790 miles long with 26 million people. A woman living along the Mexico border or in West Texas would have to drive hundreds of miles to obtain an abortion if the law passes.

    In her opening remarks, Davis said she was "rising on the floor today to humbly give voice to thousands of Texans" and called Republican efforts to pass the bill a "raw abuse of power."

    Democrats chose Davis to lead the effort because of her background as a woman who had her first child as a teenager and went on to graduate from Harvard Law School.

    Davis used up large chunks of time reading into the record testimony from women and doctors who would be impacted by the changes, but were denied the opportunity to testify in a Republican-controlled committee because the chairman said the it was becoming repetitive.

    The bill would ban abortion after 20 weeks of pregnancy and force many clinics that perform the procedure to upgrade their facilities and be classified as ambulatory surgical centers. Also, doctors would be required to have admitting privileges at a hospital within 30 miles — a tall order in rural communities.

    Click here for more...

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  13. What are the chances any of the fascist five will pass on so that Obama can replace them? The only ones he'll possibly replace are already on the liberal side. What we need is to get rid of Thomas, Alito, Scalia, Kennedy or Roberts. And they're all too young to die and too stubborn to retire.

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  14. Anonymous5:32 PM

    We should not be blaming the entire Supreme Court.

    We should name those responsible and make them accountable: Roberts, Scalia, Thomas, Alito and Kennedy.

    Those are the Justices bought and paid for by corporations and the right wing billionaires. They have ignored precedent and twisted legal logic until it is almost broken. They are Grade A asses and every tume they band together to take away another protection of women and minorities, we should name their names. Five men who don't give a damn about the average American.

    WE also need to make sure that more Democrrats are elected, demand an end to gerrymandering Congressional districts and get out the vote for another Democrartic President so she can nominate progressives for the Supreme Court.

    Get out the vote in 2014 and get rid of every Republican you can!

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  15. Anonymous5:42 PM

    It's the power of money!

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  16. Anonymous5:44 PM

    Bush v Gore
    Citizens united
    and now VRA.
    Money talks, bullshit walks. To the Republicans, we're all bullshit!

    ReplyDelete
  17. Anonymous6:35 PM

    What has fallen through the cracks thanks to the news about the voting rights act: you DON'T have the right to remain silent! Cops are allows to take silence as an admission of guilt.0

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  18. Anonymous7:32 PM

    The only slightly positive thing about this horrendous decision is that it was made early enough in the cycle to allow for an enormous voting registration effort in those places most directly affected by voter disenfranchisement.

    With the clear right-wing bias of this activist court, we are fortunate that this decision was not made immediately before the 2014 or 2016 elections when we would have had no time to establish countermeasures or bring the most egregious laws to court.

    What a sad, terrible day for our country.

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  19. Anonymous8:32 PM

    ot The Guileless 'Accidental Racism' of Paula Deen
    http://www.theatlantic.com/national/archive/2013/06/the-guileless-accidental-racism-of-paula-deen/277153/

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  20. Anita Winecooler9:30 PM

    Great. Congress will probably try to attract more female voters by calling it the "Paula Deen Decision".

    This is just crazy, the only way ahead is to get out there and put Democratic voters in the booths in record numbers. The SCOTUS first made corporations people and now this? WTF?

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  21. Anonymous9:45 AM

    Very wide stances by Thomas and Scalia....just saying!

    ReplyDelete

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