A Week of Civil Rights Victories

Good afternoon. This has been a good week for civil rights. The Department of Justice expanded the definition of racial profiling. In addition, there have been two significant developments in voting rights.

The New York Times reports that:

The Justice Department will significantly expand its definition of racial profiling to prohibit federal agents from considering religion, national origin, gender and sexual orientation in their investigations, a government official said Wednesday.

The move addresses a decade of criticism from civil rights groups that say federal authorities have in particular singled out Muslims in counterterrorism investigations and Latinos for immigration investigations...

“Putting an end to this practice not only comports with the Constitution, it would put real teeth to the F.B.I.’s claims that it wants better relationships with religious minorities,” said Hina Shamsi, a national security lawyer with the American Civil Liberties Union.

It is not clear whether Mr. Holder also intends to make the rules apply to national security investigations, which would further respond to complaints from Muslim groups.

“Adding religion and national origin is huge,” said Linda Sarsour, advocacy director for the National Network for Arab American Communities. “But if they don’t close the national security loophole, then it’s really irrelevant.”

Moreover, the Nation reports that:

Representatives Jim Sensenbrenner (R-WI) and John Conyers (D-MI) and Senator Patrick Leahy (D-VT) introduced legislation to strengthen the Voting Rights Act of 1965 in the wake of the Supreme Court’s decision last June invalidating a critical section of the VRA. The legislation, known as “The Voting Rights Amendment Act of 2014,” represents the first attempt by a bipartisan group in Congress to reinstate the vital protections of the VRA that the Supreme Court took away.

In the Shelby County v. Holder ruling on June 25, 2013, the Court’s conservative majority struck down Section 4 of the VRA, the formula that compelled specific states with a well-documented history of voting discrimination to clear their voting changes with the federal government under Section 5 of the VRA. The two provisions were always meant to work together; without Section 4, Section 5 became a zombie, applying to zero states.

Section 4 covered nine states (Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia) and parts of six others (in California, Florida, Michigan, New York, North Carolina, South Dakota) based on evidence of voting discrimination against blacks and other minority groups dating back to the 1960s and 1970s. Since the Shelby decision, eight states previously covered under Section 4 have passed or implemented new voting restrictions. This includes onerous new laws in states like North Carolina and Texas, which the Justice Department objected to under other provisions of the VRA (Sections 2 and 3)....

The bill is certain to have its critics, including on the left. Voting rights supporters will argue, justifiably, that the new Section 4 formula does not apply to enough states and wrongly treats voter ID laws differently than other discriminatory voting changes. Despite these flaws, the legislation represents a significant improvement over the disastrous post-Shelby status quo, which has seen states like North Carolina and Texas rush to pass or implement blatantly discriminatory voting restrictions after being freed from federal oversight. The legislation strengthens voting rights protections in a number of tangible ways and gives the federal government and voting rights advocates new tools to combat voting discrimination.

A recent ruling in Pennsylvania is a prime example why voter ID laws should not be treated differently than other discriminatory voting law changes. In another article, the Nation reports that:

Judge Bernard McGinley of the Commonwealth Court of Pennsylvania ruled against the state’s strict voter ID law today following a lengthy trial last summer. The law had been temporarily blocked since last October pending a full trial. The ruling is a big win for voting rights and a clear setback for voter ID supporters.

Judge McGinley found that the law violated the state constitution because hundreds of thousands of registered voters lacked the restrictive forms of ID required by the state, few had obtained the requisite ID since the law’s passage in March 2012, the state had not made it easy to get an ID and there was no evidence of in-person voter fraud to justify the burdens of the law.

Hundreds of thousands of electors in Pennsylvania lack compliant ID,” McGinley wrote. “Enforcement of the Voter ID Law as to these electors has the effect of disenfranchising them through no fault of their own. Inescapably, the Voter ID law infringes upon qualified electors’ right to vote.”

Noted McGinley: “In contrast to the hundreds of thousands who lack compliant photo ID, only 17,000 photo IDs for voting purposes have been issued.” Since the 2012 election, fewer than 150 new voting IDs had been issued by the state per month.

That’s because getting a voter ID in Pennsylvania was a bureaucratic nightmare. There are 9,300 polling places in the state, but only seventy-one DMV offices. There are only five DMV offices for the entire city of Philadelphia, none in nine counties and the in sixteen counties offices are only open one or two days a week . “The Voter ID Law does not contain, on its face, any valid non-burdensome means of providing compliant photo ID to qualified electors,” McGinley wrote. “Accordingly, the Voter ID Law is facially unconstitutional.” The lead plaintiff in the case, Viviette Applewhite, was a 93-year-old great-great grandmother who marched with Martin Luther King Jr. and had voted in every election for the past fifty years but did not have a driver’s license and was at risk of being disenfranchised by the new law.

Nor did the state present evidence to justify the new voter ID law. The state “wholly failed to show any evidence of in-person voter fraud,” McGinley wrote. “Certainly a vague concern about voter fraud does not rise to a level that justifies the burdens construction here. Therefore, this Court does not find in-person voter fraud a compelling interest the Voter ID Law was designed to serve.”

The struggle continues. Peace.