Wednesday, February 27, 2013

Voting Rights Under Attack

The Justices of the Supreme Court of the United States are hearing arguments in a case that could see them overturn the Voting Rights Act of 1965. The case  involves a law suit by Shelby County, Alabama arguing that the Voting Rights Act's monitoring requirement is both unnecessary and burdensome.

The Court appears to be divided with the conservative majority ready to overturn the key provisions in the landmark Voting Rights Act, which requires monitoring of states and localities with a history of racial discrimination. Justice Antonin Scalia called the law a “perpetuation of racial entitlement.” According to Think Progress' Flatow and Millhiser: "His inflammatory claim that the Voting Rights Act is a 'perpetuation of racial entitlement' came close to the end of a long statement on why he found a landmark law preventing race discrimination in voting to be suspicious." (TP Justice)

These comments by Scalia should not be surprising given his past rulings, including Citizens United, but somehow, they seem over the top even for him. Clearly Alabama has a long history of racial discrimination and racism which has, by no means, disappeared either in Alabama or anywhere else in the deep south. It should be self-evident that Shelby County's suit stems directly from its racist past. Why is the Voting Rights Act a "burden"? If it is burdensome to guarantee EVERYONE the right to vote, then there is a problem with the attitudes of those in charge of the voting process. What could that problem be? One only has to look at the history of the county which was placed under the watchful eye of the Justice Department for a reason: racial discrimination. It would be nice to think Shelby County was not being disingenuous by saying the law was unnecessary but, sadly, they clearly are.

It doesn't seem like an accident that this move towards striking down the Voting Rights Act coincides with the most widespread attempt to disenfranchise voters since Jim Crow laws. The radical right in this country, represented by ALEC, are constructing and writing laws all over the country which make it more difficult for people who are traditionally Democratic to vote. Those people tend to be people of color, the elderly and youth. It is no coincidence that all these laws are aimed primarily at this demographic.

One wonders whether this plot (yes, plot) to make it harder to vote for minorities, the elderly, poor and youth are simply political maneuverings aimed at disenfranchising people who are Democrats or if it is more nefarious, based in racism, sexism and hatred of people who are poor or elderly. Most likely is all of the above and more. The 1% are REALLY out to get you. It is not paranoia. They want what they want (everything) when they want it (now).

Antonin Scalia is a manifestation of that but a really dangerous one. He is in a position of power essentially unchecked by any other branch of government. The only way to overturn a decision by the Supreme Court is by constitutional amendment, which is extraordinarily difficult. We also cannot possibly get constitutional amendments passed for every bad decision this conservative, activist Court makes. That is especially true when the Tea Party-G.O.P. has control of the US House of Representatives. It is essential, then, for the "99%" to organize. Collective action is the only way to take on this attack by the radical right and their masters.

 To overturn the Voting Rights Act would mean that not only would Democrats lose almost every election from then on but that people of color, the poor, the elderly and women would be voiceless once again. We cannot allow that to happen.






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