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Proof that the Supreme Court Got it Wrong in Shelby

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George-E.-Curry
By George E. Curry
NNPA Columnist

 

When the Supreme Court gutted a key provision of the 1965 Voting Rights Act nearly two years ago in Shelby County v. Holder, many of us suspected that Chief Justice John Roberts in particular was distorting the severity of voting violations in jurisdictions covered by the act. As a popular GEICO commercial says, now we know.

We now know because of extensive research conducted by William R. Kenan, Jr., a professor at the California Institute of Technology, titled, “Do the Facts of Voting Rights Support Chief Justice Roberts’ Opinion in Shelby County?”

By a vote of 5-4, the Supreme Court struck down as unconstitutional Section 4 of the law that requires certain jurisdictions with a proven history of racial discrimination to pre-clear any changes in their elections – such as redistricting, annexations and switching to at-large elections – with either the Justice Department or the federal District Court in Washington, D.C.

Despite renewals of the Voting Rights Act by Congress in 1970, 1975, 1982 and a 25-year extension in 2006, Roberts contended that the preclearance provision was no longer needed.

Writing for the majority, Roberts said, “…. But history did not end in 1965. By the time the Act was reauthorized in 2006, there had been 40 more years of it. In assessing the ‘current need’ for a preclearance system that treats States differently from one another today, that history cannot be ignored. During that time, largely because of the Voting Rights Act, voting tests were abolished, disparities in voter registration and turnout due to race were erased, and African-Americans attained political office in record numbers. And yet the coverage formula that Congress reauthorized in 2006 ignores these developments, keeping the focus on decades-old data relevant to decades-old problems, rather than current data reflecting current needs.”

However, as Kenan points out in his research, “Neither the Chief Justice nor any scholars or civil rights proponents or opponents have systematically examined the evidence on the entire pattern of proven voting rights violations over time and space.”

Kenan examined the issue by compiling what he called the largest such database in existence, including numerous maps to make his point.

“Congress in 2006 was not presented with maps or other documents that laid out the pattern of proven voting rights infractions so starkly, but it received plentiful evidence in the form of lists and discussions of cases that showed that the problems were still overwhelmingly concentrated in the South and that discrimination continued to be widespread,” he wrote.

“And the map would have shown that the number of voting rights infractions had increased, not decreased, compared to the earlier period.”

Kenan explained, “An objective observer in 2006 comparing the number and location of all successful voting rights events in the period since the last renewal in 1982 with the events of the years from 1957 to 1981 would conclude that Section 5 needed to be renewed, and that the coverage scheme still fit the problem remarkably well, hitting the target about 94% of the time. Even among Section 2 cases, which could be filed anywhere in the country, 83.2% of the successful cases from 1982 through 2005 originated in covered jurisdictions.”

Roberts was joined by the court’s conservative majority, including Clarence Thomas. As usual, Thomas asked no questions during the proceedings. In his concurring opinion, he stated, “I join the Court’s opinion in full but write separately to explain that I would find Section 5 of the Voting Rights Act unconstitutional as well.”

That comes as no surprise. But what did come as a surprise, as I have written here, was that the National Black Chamber of Commerce (not to be confused with the U.S. Black Chambers, Inc.), established by Harry C. Alford and his wife, Kay, filed a brief in support of Shelby County mirroring the objections raised by John Roberts.

In its shameful friend-of-the court brief, it claimed, “Section 5 is no longer necessary to combat widespread and persistent discrimination in voting and now, perversely serves as an impediment to racial neutrality in voting and to the empowerment of state and local officials who represent minority constituencies.”

The research undercuts the premise advanced by John Roberts and Harry Alford’s group and notes the role courts play in undermining access to the ballot box.

Professsor Kenan wrote, “…by rendering decisions that make it easier or harder to bring and win voting rights cases or make objections, the Supreme Court can, in effect, manipulate the evidence of discrimination, which it can then use, in a second stage, to justify a decision to further weaken or strengthen the tools. It can create the reality that it subsequently reacts to. The Rehnquist and Roberts Courts have done exactly that.”

 

George E. Curry, former editor-in-chief of Emerge magazine, is editor-in-chief of the National Newspaper Publishers Association News Service (NNPA) and BlackPressUSA.com. He is a keynote speaker, moderator, and media coach. Curry can be reached through his Web site, www.georgecurry.com. You can also follow him at www.twitter.com/currygeorge and George E. Curry Fan Page on Facebook. See previous columns at http://www.georgecurry.com/columns.

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Oakland Post Endorses Barbara Lee

Barbara Lee will be able to unify the city around Oakland’s critical budget and financial issues, since she will walk into the mayor’s office with the support of a super majority of seven city council members — enabling her to achieve much-needed consensus on moving Oakland into a successful future.

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Congresswoman Barbara Lee. Courtesy photo, Office of Rep. Barbara Lee.
Former Congresswoman Barbara Lee. Courtesy photo.

As we end the celebration of Women’s History Month in Oakland, we endorse Barbara Lee, a woman of demonstrated historical significance. In our opinion, she has the best chance of uniting the city and achieving our needs for affordable housing, public safety, and fiscal accountability.

As a former small business owner, Barbara Lee understands how to apply tools needed to revitalize Oakland’s downtown, uptown, and neighborhood businesses.

Barbara Lee will be able to unify the city around Oakland’s critical budget and financial issues, since she will walk into the mayor’s office with the support of a super majority of seven city council members — enabling her to achieve much-needed consensus on moving Oakland into a successful future.

It is notable that many of those who fought politically on both sides of the recent recall election battles have now laid down their weapons and become brothers and sisters in support of Barbara Lee. The Oakland Post is pleased to join them.

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Actor, Philanthropist Blair Underwood Visits Bay Area, Kicks Off Literacy Program in ‘New Oakland’ Initiative

These community activations were coordinated with the San Francisco-based non-profit program “Room to Read.” Ray said he is also donating his time to read and take pictures with students to encourage their engagement and to inspire them to read more. The inspirational book “Clifford Ray Saves the Day” highlights Clifford Ray’s true story of saving a dolphin.

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Blair Underwood (left) and Barbara Lee (right). Courtesy photo.
Blair Underwood (left) and Barbara Lee (right). Courtesy photo.

By Paul Cobb
New Oakland Series
Opinion Part 3

The Post mentioned three weeks ago that a number of our local luminaries were coming together to support the “New Oakland” movement. As this current national administration continues to eliminate our “legacy” institutional policies and programs left and right, most communities find themselves beyond “frozen” in fear.

Well, esteemed actor, long-time Bay Area supporter, and philanthropist Blair Underwood returned to Oakland this week to speak with city leaders, community trust agents, students, the Oakland Post, and local celebrities alike to continue his “New Oakland” initiative.

This week, he kicked off his “Guess Who’s Coming to Read” literacy program in some of Oakland’s middle schools. Clifford Ray, who played the center position of the 1975 World Champion Golden State Warriors, donated close to 1,000 books. Ray’s fellow teammate Charles “The Hopper” Dudley also gave Converse sneakers to students.

These community activations were coordinated with the San Francisco-based non-profit program “Room to Read.” Ray said he is also donating his time to read and take pictures with students to encourage their engagement and to inspire them to read more. The inspirational book “Clifford Ray Saves the Day” highlights Clifford Ray’s true story of saving a dolphin.

Underwood also spent quality time with the Oakland Ballers ownership group and visited the amazing Raimondi Park West Oakland community revitalization site. In the 1996 TV film Soul of the Game, Underwood played the role of the legendary first Black Major League Baseball player Jackie Robinson and commended the Ballers owners.

“This group of sports enthusiasts/ philanthropists needs to be applauded for their human capital investment and their financial capital investment,” Underwood said. “Truly putting their money and passion to work,” Underwood said.

Underwood was also inspired by mayoral candidate Barbara Lee’s open-minded invitation to bring public-private partnership opportunities to Oakland.

Underwood said he wants to “reinforce the importance of ‘collaborative activism’ among those most marginalized by non-empathic leadership. We must ‘act out’ our discomfort with passionate intentions to create healthy change.”

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Councilmembers Ramachandran, Kaplan, Unger Identify Funds to Save Oakland Fire Stations

Our budget crisis – one of the worst in Oakland’s history – is compounded by the fact that people do not feel safe coming to Oakland due to our public safety crisis. By investing in our fundamental public safety resources today, we can send a signal to the world that Oakland is open for business. We have such a rich and vibrant culture, arts, and food scene that is worth celebrating – but we can only showcase this if we are able to keep our neighborhoods safe. Having fully functioning fire stations are absolutely essential to these efforts.

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Councilmember Janani Ramachandran. Courtesy photo.
Councilmember Janani Ramachandran. Courtesy photo.

By Janani Ramachandran

There is no greater concern to the people of Oakland today than public safety. Fire stations are the bread and butter of essential city services – and every day that we have stations shuttered, we imperil the lives of our community members. In response to widespread outcry over the current and planned closure of stations, myself, along with Councilmembers Kaplan and Unger, have painstakingly worked to identify millions of dollars of new funding to save our stations. The legislation we introduced on Thursday, February 13th, will amend our budget to prevent the closure of four fire stations that are currently on the chopping block due to our budget crisis and will re-open two closed stations that have already been closed – Station 25 and 28 – in the near future. The resolution that will provide the funding to keep our stations open will go before the full City Council for a vote at our meeting on Tuesday, March 4th at 3:30 PM – and we invite you to join us at City Hall to share your perspective on the topic.

Our budget crisis – one of the worst in Oakland’s history – is compounded by the fact that people do not feel safe coming to Oakland due to our public safety crisis. By investing in our fundamental public safety resources today, we can send a signal to the world that Oakland is open for business. We have such a rich and vibrant culture, arts, and food scene that is worth celebrating – but we can only showcase this if we are able to keep our neighborhoods safe. Having fully functioning fire stations are absolutely essential to these efforts.

With the devastating Los Angeles fire at the top of people’s minds, terrible memories of Oakland’s own wildfires are re-surfacing from the 1991 Oakland Hills Firestorm to the Keller fire just a few months ago – and how essential fire stations are to mitigating these catastrophes. But in Oakland, our fire stations don’t just fight wildfires – they also provide emergency medical services to our most vulnerable constituents, put out structural fires and encampment fires, and much more.

We recognize that there are a number of competing interests and important initiatives fighting for sparse City resources. But from my perspective, core safety services are the most pivotal functions that a City must spend its resources on – especially given the outcry we have heard around fire stations.

The fight to save our stations is not over. The resolution we introduced is a critical first step, and there are hurdles to overcome. If you support keeping our fire stations open, we invite you to be a part of the solution by making your voice heard at the March 4th City Council meeting at 3:30 pm.

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