Today is April 30, 2009, and while the media is making a big splash about President Obama's first 100 days
The Supreme Court is hearing litigation brought forth by several deep south states, Arizona, Alaska, Texas and a few counties in California and New York to dismantle the Voters Right Act of the 1960's....Yes you heard me right!
These states (and counties) allege that the Voters Right Act (which was never made Law and has to be renewed every 25 years) is unconstitutional, in that it gives Blacks and Indigenous Americans (the only people it affects) an unfair advantage in the polling place. WHAT A LIE.
The Supreme Court has an ear to listen as it will be the last really heavy litigation to come their way before they step down and out of the courts as Judges; claiming that what needs to be done is the states and counties heading this fiasco will be mandated to appeal to the Courts prior to any ammendments (or changes in the polling place protocol, practices and procedures) to the Bill, beforehand.
This sounds devastating. The entire landscape of America could be affected by this insidious accusation and untruth. If you can remember what happened with the vote counting machines, this comes in at a tie for first place. I remember what happened. They said the only problem with the miscount was in Florida. Why, because the guys brother was the governor of the State at the time. Then some state had to file some type of other litigation to get something through about absentee ballots and the like. What it turned out to be was other States filing at the Supreme Court level to have the same fiasco happening in their State! So this is tantamount to the same political deviance. Other States will see the petitions and have time to coordinate their efforts accordingly....it seems someone is trying to learn from their mistakes.
All this effort...who will it affect and why does it have to be? This is really left over BU(LL)SH(IT) and Reagan crap...FOR SURE!
Why are these people so damn scared? What have they done? You have national law and then you have international law which is a different story, I'll let it be.....
Suffice to say, whether the media will have anything to say about what's going on in the Supreme Court remains to be seen; but I doubt it. Anything else is far more important, like the SWINE FLU or the south american trade aggreement (when it was obvious that BUSH was not going to renew the Voters Right Act when it did expire on 12/31/07)...... Of course, we have to let them do their job!
To Be Continued............
And here it is :
"A failure by Congress to respond to the Court’s opinion will be fatal to Section 5. If a jurisdiction that is unable to “bail out” from the statute’s coverage yet does not have a reasonably recent history brings a challenge to the statute as currently enacted, it will succeed. The model here is arguably Bush v. Palm Beach County Canvassing Board, which unanimously set forth the Court’s concerns with the Florida recount. When the Florida Supreme Court failed to respond appropriately - indeed, at all - the U.S. Supreme Court halted the recount outright by a narrow, ideologically divided majority in Bush v. Gore."
http://www.scotusblog.com/wp/?s=voters+right+act
Supreme Court issues narrow Voting Rights Act ruling
10:44 am June 22, 2009, by Aaron Gould Sheinin
By Bill Rankin/brankin@ajc.com and Aaron Gould Sheinin/asheinin@ajc.com
The U.S. Supreme Court on Monday ruled narrowly in a closely watched case that sought to overturn a key provision of the Voting Rights Act of 1965.
The high court, in a decision written by Chief Justice John Roberts, allowed a small utility district in Austin, Texas, to be exempted from having to seek U.S. Justice Department approval before instituting changes in voting procedures. The 8-1 ruling avoided deciding the weighty question as to whether Section 5 of the act is constitutional.
“Our usual practice is to avoid the unnecessary resolution of constitutional questions,” Roberts wrote. “We agree that the district is eligible under the act to seek bailout.”
Gov. Sonny Perdue, in a legal brief filed in the case, had asked the high court to overturn the Section 5 preclearance provision. Georgia Secretary of State Karen Handel, who oversees elections in the state, had also called for the Court to overturn Section 5.
A spokesman for Handel said Monday they were reviewing the decision. Likewise, a spokeswoman for U.S. Rep. John Lewis (D-Ga.), an icon of the Civil Rights Movement who attended the oral arguments on the case, said he would issue a statement later today.
Laughlin McDonald, head of the ACLU’s voting rights project in Atlanta, expressed relief.
“Section 5 survived the latest constitutional challenge and it’s still in force and effect in the covered jurisdictions and that’s certainly a positive result,” McDonald said.
Section 5 requires Georgia, eight other states and parts of seven others with a history of discrimination to obtain federal permission before making changes to voting procedures. Under the provision, a special unit of the Justice Department must review all such changes, from moving a polling site a few blocks down the street to remapping a state’s congressional districts.
Roberts noted that since 1982, only 17 jurisdictions - out of the more than 12,000 political subdivisions in the covered states - had successfully been allowed to bail out of the act. It is unlikely Congress intended the provision to have such limited effect, Roberts wrote.
The court’s avoidance of the larger issue explains the consensus among justices in the case rendered Monday, where they otherwise likely would have split along conservative-liberal lines.
Justice Clarence Thomas, alone among this colleagues, said he would have resolved the case and held that the Section 5 provision is unconstitutional.
“The violence, intimidation and subterfuge that led Congress to pass Section 5 and this court to uphold it no longer remains,” Thomas said.
Thomas, a native of Pin Point, near Savannah, wrote that he agreed with Perdue, although he misspelled the governor’s name (he wrote “Purdue”).
McDonald cited a recent Georgia case as “Exhibit No. 1″ in support of the continued need for Section 5.
In 2007, Handel created a system using a state database to verify voters’ identity and citizenship to meet the requirements of the Help America Vote Act.
The Justice Department’s civil rights division has rejected the verification procedure, finding it to be “seriously flawed.” The system mistakenly flagged thousands of eligible Georgia voters, a disproportionate share of whom were minority voters, Loretta King, acting assistant attorney general, told the state on May 29.
Handel called this decision a political one, noting the Obama administration oversees the Justice Department. (The department’s inquiry began under the Bush administration last fall.)
This marked the 172nd time the Justice Department has objected to a change in a Georgia voting procedure since the 1965 act.
Opponents have sought to overturn Section 5 almost since it was enacted. In 1966, a challenge by the
by the state of South Carolina was turned back by the Supreme Court in an 8-1 decision.
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Let the public sector (including the polling place) reflect the demographics of the neighborhood to which it serves and that should solve this problem, in my opinion. It's that simple, but of course impossible to achieve. And yet their is still alot of violence, racism , prejudice discrimination and the likes running rampant in this country. If a state or municipality has preclearance to do anything to deviate from constitutionality, don't think other states, will not closely follow suit (think back to the faulty polling machines that they said were only in Florida when they were all over the country during the previous elections). Are we stupid or WHAT!?
Section 5 of the Voters Right Act prevents these things from occuring and is the only built -in deterrent to violence at the polling place, but alas, a new type of discrimination-FRAUD!.
Bring THE HATE CRIMES PREVENTION ACT to the floor of Congress before you delete Section 5, Chief Justice John Roberts......
and for a more indepth understanding of what's going on in the Supreme Court on this issue go here:
http://www.scotusblog.com/wp/?s=voters+right+act
Tags: discrimination
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