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    ‘The stakes are quite large’: US supreme court case could gut Voting Rights Act

    The US supreme court is set to hear a case this month that could gut what remains of the Voting Rights Act, effectively killing one of the crown jewels of the civil rights movement and the nation’s most powerful statute to prevent discrimination in voting.The court’s decision in the case, Louisiana v Callais, could be one of the most consequential rulings for the Voting Rights Act since it was enacted in 1965 and is almost certainly the biggest test for the law since its decision in Shelby county v Holder in 2013, when the justices hollowed out a provision of the law, section five, that required certain places to get voting changes approved by the federal government before they go into effect.The supreme court is considering the constitutionality of the most powerful remaining provision of the Voting Rights Act: section two. The measure outlaws election practices that are racially discriminatory and has been the tool that minority voters and voting rights advocates have frequently turned to challenge redistricting plans – from congressional districts to county commissions and school boards – that group voters in such a way to dilute the political influence of a minority group.Getting rid of section two, or severely limiting the ways in which it can be applied, would effectively kill the Voting Rights Act. It would take away the most powerful tool voters have to challenge racially discriminatory districts.“The stakes are potentially quite large,” said Sophia Lin Lakin, the director of the voting rights project at the American Civil Liberties Union. “The outcome of the case will not only determine the next steps for Louisiana’s congressional map, but may also shape the future of redistricting cases nationwide.”The dispute at the court is focused on a challenge by white voters to a majority-Black district in Louisiana that stretches from Shreveport to Baton Rouge. The justices already heard oral argument in the case in March that focused on whether Louisiana Republicans had overly relied on race when they redrew the district in response to a Section 2 lawsuit by Black voters. In an unusual move, the court did not reach a decision at the end of the court’s term this summer, and instead set the case for re-argument this fall.The justices announced in August they wanted the parties to submit briefing on whether Louisiana’s “intentional creation of a second majority-minority congressional district violates the fourteenth or fifteenth amendments to the US constitution”. The 14th amendment guarantees equal protection of law for all US citizens and the 15th amendment prohibits the government from denying someone the right to vote based on their race.The question raised the stakes of the case at the court, giving opponents of the law a chance to argue that the landmark civil rights statute should either be significantly narrowed or struck down entirely.“The challengers and the state do not limit themselves to whether conditions in Louisiana continue to justify application of the Voting Rights Act there,” said Stuart Naifeh, a lawyer with the NAACP Legal Defense and Educational Fund, which is representing voters defending the existing map. “They have attempted to expand the question beyond what the court has asked. And they argue that section two is not constitutional at all, anywhere.”There are many possibilities for how the court could rule. The justices could beat back those arguments and affirm the constitutionality of section two. The court could also say once and for all that the provision is unconstitutional, dealing a fatal blow to the Voting Rights Act. It could also rule somewhere in between, leaving section two intact, but make the test to deploy it much harder, in effect neutering it.“The two key pillars, at least since 1982, were section two and section five,” said Richard Hasen, an election law scholar at the University of California Los Angeles. “Shelby county already knocked down one of those pillars, and this case could potentially either knock it down or render it so weak that you might as well say it’s been knocked down.” He added that weakening but not killing section two might “potentially avoid some of the political cost”.The case arrives at the court after many of the court’s conservative justices have openly expressed skepticism about the continued need for section two. “The authority to conduct race-based redistricting cannot extend indefinitely into the future,” Justice Brett Kavanaugh wrote in a 2023 concurring opinion, a remark that was widely seen as an ominous sign for section two. Justice Clarence Thomas has long publicly said he thinks the statute is unconstitutional when it comes to redistricting.Congress amended section two in 1982 to clarify that it outlawed practices that resulted in discriminations – one did not need to prove intent. Working as an attorney in the justice department, John Roberts advocated strongly against those amendments.The consequences of gutting section two would be drastic, Lakin and other attorneys representing Black voters defending Louisiana’s current map wrote in a brief to the justices.“Without section two, jurisdictions could simply eliminate minority opportunity districts even where they remain necessary for voters of color to have any opportunity to elect candidates of choice, wiping out minority representation and re-segregating legislatures, city councils, and school boards – as some have recently attempted to do,” they wrote. “Districts based in obvious majority-minority communities, like Harlem or Tuskegee, could be divided along obvious racial lines without consequence.” Louisiana legislators reportedly have already been asked to hold dates for a possible special session on redistricting after the oral argument this fall.The case before the court on 15 October involves a long and twisted saga over Louisiana’s congressional map, which Linda Greenhouse, who covered the supreme court for decades for the New York Times, called “without doubt the most complicated voting rights case I have ever encountered”.After the 2020 census, the state drew a congressional map that had only one majority-Black district out of six, even though Black voters make up about a third of eligible voters in the state. Black voters sued the state under the Voting Rights Act. Two courts agreed with their claims and the state eventually drew a new map that created a second majority-minority district. Wanting to protect powerful incumbents in the state, including the House speaker, Mike Johnson, and Representative Julia Letlow, while also being majority-Black, the new district has an extremely odd-shape.But after the new maps went into effect, a group of white voters sued in a different court, arguing the new district improperly sorted voters based on their race. A court agreed with that argument in 2024, but the US supreme court allowed the redrawn map to go into effect for last fall’s election. Cleo Fields, a Black Democrat, won the district by more than 13 points.His win was a big deal for people like Martha Davis, who worked as both a teacher and administrator for 40 years. She still remembers waiting in segregated waiting rooms as a young girl and going to a segregated Catholic school, where she got used books from the white Catholic school. Now, she lives in North Baton Rouge. “It’s like the wrong side of the track. It’s like the forgotten area,” said Davis, who was one of the Black voters who sued Louisiana over its original map. “There are no hospitals nearby, no grocery stores nearby. The streets are deplorable. Nobody could care less what happens in that part of town.“The fact that we were able to choose somebody that looks like me, somebody who knows what our needs are, and fight for us – that made me overjoyed,” she said.Fields’s win also made a difference to Davante Lewis, a member of the Louisiana public service commission who represents the Baton Rouge area. He said that since Fields’s election last year, it had been easier to get help on federal issues like disaster relief.“When we need help for certain areas, you want your member of Congress to know it,” said Lewis, who was also one of the plaintiffs in the original suit challenging Louisiana’s map. “You don’t want them to be 170 miles away, who have no connection to where you are.”When the case was before the supreme court in March, Louisiana defended its redrawn map – saying it had made a good faith effort to comply with the constitution and the Voting Rights Act after judges had blocked their original plan. But after the justices invited further briefing, the state switched its position and now says that its map is unconstitutional.There isn’t the kind of ongoing discrimination that would justify bringing racial considerations into redistricting, the state’s lawyers say. They argue that the supreme court has only recognized two contexts in which it is acceptable for the government to take race-based action: remedying specific past instances of discrimination and avoiding imminent safety risks in prisons, like preventing a race riot.“Those two interests share a critical feature that section two lacks: They turn on a specific harm and permit only a correspondingly narrow, temporary remedy,” they wrote in their own brief to the court. “Race-based redistricting pursuant to section two, by contrast, is nothing of the sort. It presents no imminent danger to human safety. In its heartland application today, it also has nothing to do with remedying past intentional discrimination, let alone specific, identified instances of intentional discrimination.”The US supreme court has allowed mapmakers to use race in drawing districts if it is in service of a “compelling interest” and its use is “narrowly tailored” to that interest. Writing for the court in a 2017 case, Justice Elena Kagan noted the justices had “long assumed” that complying with the Voting Rights Act was a compelling interest.Those defending the maps argue that supreme court precedent already requires them to clear a series of high hurdles to show that race-conscious redistricting is needed in a section two case. It is difficult to win a section two case. From 2012 to 2021 there were 48 section two cases dealing with vote dilution filed and just 21 of them were successful, according to data collected by the Voting Rights Institute at the University of Michigan. Clearing those hurdles, those defending Louisiana’s map say, requires them to show that there is ongoing discrimination.“Section two’s permanent nature does not mean that its application is without limitation. Congress ensured that section two’s results test is appropriately constrained and requires a remedy only where race is already shaping political decision-making,” they wrote in their brief to the court. “Where voting is starkly racially polarized, leading to a pattern of persistent and ongoing electoral losses for candidates preferred by a cohesive minority voting bloc, as is true in Louisiana, those current conditions may give rise to the need for a race conscious remedy for unlawful racial vote dilution.”The Trump administration has filed a brief in the case siding with the white voters challenging the map and urging the supreme court to make it harder to win a section two case. Since Trump’s inauguration, the justice department has withdrawn from all of its pending section two cases and has not filed any new ones. “Too often, section two is deployed as a form of electoral race-based affirmative action to undo a state’s constitutional pursuit of political ends.”Davis, the former teacher who recalled growing up during segregation, expressed disbelief at the argument that the Voting Rights Act was no longer needed. “The fact that they want to take that away, it’s like we just keep fighting and fighting and fighting, when does it end?” More

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    ‘The dungeon’ at Louisiana’s notorious prison reopens as Ice detention center

    There were no hurricanes in the Gulf, as can be typical for Louisiana in late July – but Governor Jeff Landry quietly declared a state of emergency. The Louisiana state penitentiary at Angola – the largest maximum security prison in the country – was out of bed space for “violent offenders” who would be “transferred to its facilities”, he warned in an executive order.The emergency declaration allowed for the rapid refurbishing of a notorious, shuttered housing unit at Angola formerly known as Camp J – commonly referred to by prisoners as “the dungeon” because it was once used to house men in extended solitary confinement, sometimes for years on end.For over a month, the Landry administration was tight-lipped regarding the details of their plan for Camp J, and the emergency order wasn’t picked up by the news media for several days.But the general understanding among Louisiana’s criminal justice observers was that the move was in response to a predictable overcrowding in state prisons due to Landry’s own “tough-on-crime” policies. Though Louisiana already had the highest incarceration rate in the country before he got into office, Landry has pushed legislation to increase sentences, abolish parole and put 17-year-olds in adult prisons.Advocates swiftly objected to the reopening of Camp J, noting its history of brutality and violence. Ronald Marshall served 25 years in the Louisiana prison system, including a number of them in solitary confinement at Camp J, and called it the worst place he ever served time.“It was horrible,” Marshall said.It turns out, however, that Landry’s emergency order and the renovation of Camp J was not done to accommodate the state’s own growing prison population. It was in service of Donald Trump’s nationwide immigration crackdown.View image in fullscreenEarlier in September, Landry was joined by officials in the president’s administration in front of the renovated facility to announce that it would be used to house the “worst of the worst” immigrant detainees picked up by Immigration and Customs Enforcement (Ice) agents.“The Democrats’ open border policies have allowed for the illegal entry of violent criminals,” Landry said. “Rapists, child-predators, human traffickers, and drug dealers who have left a path of death and destruction throughout America.”Numerous studies have shown that undocumented immigrants commit serious crimes at lower rates than US citizens – and that increased undocumented immigration does not lead to higher crime rates in specific localities.The rollout highlights the way the Trump administration and conservative officials are seeking to blur the legally clear distinction between civil immigration detainees and people serving sentences in prison for criminal convictions – this time by utilizing a prison with a long history of violence and brutality, along with a fundamentally racist past.The Angola facility – which Trump’s White House dubbed the “Louisiana lockup” – follows the opening of other high-profile facilities with alliterative names by states across the country, including in Florida, Nebraska and Indiana. It will have the capacity to house more than 400 detainees, officials said.Recently, the Department of Homeland Security (DHS) released a list of 51 detainees it said were already being held at the Angola facility and who allegedly have prior criminal convictions for serious charges. But while the Trump administration similarly claimed that the Florida lockup dubbed “Alligator Alcatraz” would house only the worst criminal offenders, a report by the Miami Herald found that hundreds of people sent there had no criminal charges at all.Ice has long utilized former jails and prisons as detention facilities. But there are few prisons in the country with the name recognition of Angola. And the decision to use Angola appears to be as much about trading on the prison’s reputation as it does about security or practicality.At a 3 September news conference, the DHS secretary, Kristi Noem, called the prison “legendary” and “notorious”.Once a plantation with enslaved people, the rural prison occupies nearly 30 sq miles of land on the banks of the Mississippi River about an hour’s drive north of Baton Rouge, Louisiana’s capital. Throughout the 20th century, it gained a reputation as one of the country’s worst prisons – due to the living and working conditions, abuse by guards and endemic violence.View image in fullscreenIn 1951, dozens of prisoners slashed their achilles tendons to protest against brutality at the facility.Medical and mental healthcare at the prison has likewise been abysmal. As recently as 2023, a federal judge found that the deficiencies in treatment at the facility amounted to “abhorrent” cruel and unusual punishment, resulting in untold numbers of avoidable complications and preventable deaths.The prison has also maintained clear visual ties to its plantation past by continuing to operate as a working farm, where mostly Black prisoners pick crops under the watch of primarily white guards. Today, there is ongoing litigation attempting to end the practice of forced agricultural labor at the prison, which is known as the “farm line” and is required of most prisoners at some point during their sentences. Some prisoners can make as little as two cents an hour for their labor, and some are paid nothing at all.Civil rights attorneys have argued that the farm line serves “no legitimate penological or institutional purpose” and instead is “designed to ‘break’ incarcerated men and ensure their submission”.Nora Ahmed, legal director at the ACLU of Louisiana, said that the Angola immigration detention facility seemed like a clear attempt by the Trump administration to use the prison’s name recognition to further their goal of associating undocumented immigrants with criminals.“Angola’s history as a plantation and the abuse and allegations that have surrounded Angola as an institution is meant to strike fear in the American public,” Ahmed said. “It’s the imagery that is deeply problematic.”The Angola facility is also in some ways the natural result of aligning local, state and national trends and policies related to incarceration, immigrant detention and deportations.View image in fullscreenLouisiana has become a nationwide hub for immigrant detention and deportations. Sheriffs across the state have signed contracts with Ice in recent years to let them use their local jails as detention facilities. And Louisiana now has the second largest population of immigrant detainees in the country – after Texas. A small airport in Alexandria, Louisiana, has been the takeoff location for more deportation flights during Trump’s second presidency than anywhere else.It’s also not the first time the state has utilized Angola for something other than housing state prisoners.In 2022, Louisiana’s office of juvenile justice moved dozens of juvenile detainees to a renovated former death row facility on the grounds of Angola, a move that was met with litigation and outcry from youth advocates. While state officials made assurances that they would be kept separated from the adult population, youths at the facility reported being abused by guards, denied education and kept in their cells for long stretches of time.Eventually, a judge ruled that they would need to be moved, calling the conditions “intolerable”.Louisiana also briefly utilized Camp J in 2020 to house incarcerated pre-trial detainees from local jails around the state who had contracted Covid-19.Pictures and videos from the new immigration facility during a tour given to reporters show that while the facility may have been renovated, it still looks decidedly prison-like. Cells have single beds with metal toilets and bars in the front. There are also a number of outdoor metal chain-link cages at the facility, resembling kennels. It is unclear what they will be used for.A DHS spokesperson did not respond to specific questions from the Guardian but instead forwarded the press release with the criminal histories of some of the detainees currently being held at the facility. The Louisiana department of corrections did not respond to emailed questions.The former Camp J is now emblazoned with “Camp 57” – after the fact that Landry is Louisiana’s 57th governor. Photos captured by Louisiana news station WAFB showed the area had been painted with a sign reading “Camp 47” in a nod to Trump, who was sworn into office in January as the 47th US president. But officials evidently changed their minds about that name and then touted it as Camp 57 when it was unveiled.Marshall, now the chief policy analyst for the advocacy organization Voice of the Experienced, said much of what made Camp J so bad were guards that staffed the facility, who promoted a culture of abuse, violence and desperation. But he said that he had little optimism that the conditions would improve under Ice leadership.“Camp J has that reputation,” he said. “It has a spirit there – like it possesses those who are in control or have authority.”Marshall also said that when he was in Camp J there was a sense that prisoners could at least attempt to appeal to the federal government to get relief from the brutal conditions. Now, that’s no longer the case. “You can’t cry out to the federal government for help, because the federal government is actually creating the circumstances,” Marshall said.The problem with conflating civil immigration detention with prison is not only that it sends a message to the public that undocumented individuals are all criminals, Ahmed said – but also that they are entitled to all the legal rights that people being held in the criminal context are entitled to.“By attaching criminality to people in immigration detention, the suggestion to the American public is also that those individuals have a [constitutional] right to counsel,” she said. “Which they do not. This is civil detention, and people are not entitled to have an attorney to vindicate their rights.”There are still unanswered questions about the facility – including who paid for the renovations, whether or not it is being managed by a private prison contractor, or what the conditions are like for detainees. But in these early stages, the Trump administration is already touting the facility as a national model.“Look behind us, Louisiana,” the US attorney general, Pam Bondi, said at the press conference in front of the new facility. “You’re going to be an example for the rest of this country.” More

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    Leaked plans show Pentagon eyeing Louisiana to deploy national guard

    Donald Trump’s administration has drafted a proposal to deploy 1,000 Louisiana national guard troops to conduct law enforcement operations in the state’s urban centers, the Washington Post reported Saturday, citing military planning documents it had obtained.Trump has made crime a major focus of his administration even as violent crime rates have fallen in many US cities. His crackdown on Democratic-led municipalities has fueled legal concerns and spurred protests, including a recent demonstration by several thousand people in Washington DC.Democratic leaders have said that the massive deployments are more a show of power by Trump rather than a serious effort to fight crime.More than a dozen residents of Shreveport, Louisiana, told Reuters they viewed any deployment as more of a political stunt than a meaningful crime-fighting solution – and a way for Trump to blunt criticism that he’s only targeting Democratic-controlled states.Louisiana’s governor, Jeff Landry, is Republican. The mayors of Shreveport and Baton Rouge, two of Louisiana’s most prominent cities, are Republicans. But the mayor of New Orleans, the state’s best-known city, is a Democrat.A Pentagon spokesperson did not comment in detail on the documents. A spokesperson said: “Leaked documents should not be interpreted as policy. We will not discuss these plans through leaked documents, pre-decisional or otherwise.”The planning documents, according to the Post, state that the plan would allow the military to supplement law enforcement in cities such as New Orleans and Baton Rouge. Both cities have majority Black populations.The Pentagon’s plan outlines a mobilization lasting until 30 September 2026, though no start date was specified.Among the documents is an unsigned, undated draft memo from Pentagon chief Pete Hegseth to US attorney general Pam Bondi and homeland security secretary Kristi Noem, which highlights the “unique advantage” of the military’s proposed approach to law enforcement in Louisiana, according to the Post.Hinging on a request for troop deployment from Landry, who is a staunch Trump supporter, the proposal has not been confirmed as approved by federal or state officials, according to the Post’s reporting. The Pentagon’s Louisiana plan suggests a robust operation is under consideration, with national guard personnel “supplementing” the law enforcement presence in high-crime neighborhoods. They could also help with drug interdiction and by providing “logistical and communications support” to local authorities, the Washington Post reported.On Friday, Trump said he would send national guard troops to Memphis, Tennessee. More

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    ‘You had to fend for yourself’: Hurricane Katrina haunts New Orleans as Trump guts disaster aid

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    View image in fullscreenDarren McKinney grew up in New Orleans’s Lower Ninth Ward. When Hurricane Katrina struck 20 years ago this week, he watched his neighborhood wash away. From his second-floor apartment, he saw flood waters rise up to his window.“I had no food at all, no water, no electricity,” he recounted one rainy day this month, while taking a break from his job leading home restoration in the neighborhood as field operations director of the non-profit lowernine.org.After being trapped inside for four days, city officials rescued McKinney in a boat and dropped him off on a nearby bridge. He was told a military truck would bring him to an emergency shelter in the city’s Superdome, but a vehicle never arrived because the shelter reached capacity. He was forced to walk to an evacuation point downtown.“You had to fend for yourself,” he said. “There just wasn’t enough shelter, wasn’t enough support.”Friends helped McKinney evacuate to Houston, Texas. Months later, when he returned to the city, he found his home in “real bad condition”. He eventually settled into a trailer provided by the Federal Emergency Management Agency (Fema).During his stay in the temporary home, he began to hear news reports that some Fema trailers were found to have high levels of the harmful chemical formaldehyde. With nowhere else to stay, he tried to ignore those reports.“What could you do?” he asked.The federal response to Katrina, particularly by Fema, came under intense scrutiny after the hurricane, which killed at least 1,833 people. In New Orleans, residents spray-painted curses at Fema on their boarded-up homes and wore T-shirts around the city that bore the slogan: “FEMA – Federal Employees Missing in Action.”Some on the right have called to shrink the agency or even abolish it. In recent months, the Trump administration has picked up on those calls, defunding key Fema programs, laying off hundreds of staffers, and threatening to dismantle the agency completely. But McKinney believes the administration’s policies will leave New Orleans worse prepared for future hurricanes.“You don’t know when you’re gonna have another disaster like that,” he said. “For people that don’t have money, without Fema, how you going to help them out?”In recent weeks, Donald Trump has walked back promises to abolish Fema. But disaster management experts fear the changes he has made will still leave the US just as underprepared to take on a hurricane like Katrina as it was in 2005.“It has been so demoralizing to realize how closely aligned we have become again to what Fema looked like pre-Katrina, and how quickly we’ve backslid on the progress of the last 20 years,” said Samantha Montano, a disaster response expert at Massachusetts Maritime Academy and author of the book Disasterology.‘State-led, federally supported’Since re-entering the White House in January, Trump has repeatedly called for states to bear more responsibility for disasters, signing a March executive order saying municipalities should “play a more active and significant role” in national resilience and preparedness.“If they can’t handle it, they shouldn’t be governor,” Trump told reporters in the Oval Office in June, as he spoke about a plan to “wean” states off Fema assistance.But states have always led disaster response, said Craig Fugate, who directed Fema between 2009 and 2017.“The current administration says states should lead, we should support, [but] that’s what it’s always been,” he said. “The federal government, at the direction of the president, through Fema, supports the governor.”Cuts at Fema could have particularly negative implications for poor, climate-vulnerable states like Louisiana, which received the most direct assistance from Fema between January 2015 and April 2024, according to data collected for the Carnegie Endowment for International Peace’s Disaster Dollar Database.“For states that are oftentimes underresourced, Fema gives the support that is needed to navigate disasters, both in the form of financial assistance and providing technical expertise,” said Reggie Ferreira, who directs the disaster resilience leadership academy at Tulane University in New Orleans.But even wealthier states will probably struggle to weather disasters without the agency’s support, said Montano.“The importance of Fema really just can’t be overstated. They’re the last line of defense that we really have in moments of crisis,” she said. “We know that our state and local capacity to respond to disasters in most parts of the country is relatively limited. And we know that our needs related to disasters are increasing in the context of climate change.”‘Brain drain’After Katrina struck New Orleans in August 2005, the support Fema was able to provide had dwindled due to policies enacted by former president George W Bush.“When Katrina happened, it’s really important to remember that Fema had just gone through a shock of their own,” said Montano. “Going into Katrina, Fema was deeply unprepared as an agency, which is a huge reason for the failure in the response.”In the wake of the 2001 9/11 attacks, the Bush administration launched a government-wide reorganization to focus on the threat of terrorism, cutting disaster programs and, in 2003, stripping Fema of its independent, cabinet-level status. The agency was then absorbed into the newly created Department of Homeland Security.“The attention was only on terrorism at the expense of anything else,” said Fugate.The shifts at Fema led to a mass exodus of staff. Some – including senior leadership – were relieved of their duties and reassigned to terrorism-related posts, while others who were reportedly frustrated with the restructure resigned.That “brain drain” was a key reason that Fema was not able to provide an adequate response to Katrina, said Montano.Fugate said what is happening at the agency today was “very similar” to that moment. Under Trump, an estimated one-third of Fema’s workforce has been eliminated due to layoffs, firings and voluntary buyouts.In recent weeks, the Trump administration has also reportedly sent some remaining Fema staff to help speed the hiring of immigration enforcement agents. Lt Gen Russel Honoré, who led the military response to Hurricane Katrina, had choice words about the decision. “That adds insult to injury,” he said. “I really think these fucking people are stuck on stupid.”The staffing cuts threaten the relationships between state and federal officials, said Stephen Murphy, former planning section chief for New Orleans’s homeland security and emergency preparedness office. That could make disaster response less efficient.“When you have a strong team, a network, everybody has built trust in one another because they’ve been out there together, they’ve bled for one another,” said Murphy, who now leads Tulane University’s disaster management program. “When you disrupt that, you’re playing with fire.”View image in fullscreenThe federal changes are difficult to witness, said Murphy, who said Katrina inspired his career in disaster response. When it struck, he had moved to New Orleans only six weeks earlier to pursue a graduate degree in bioterrorism. Classes had not even started when, as Katrina was gaining strength over the Gulf of Mexico, he decided to evacuate his new home.“As I was pulling out of my neighborhood, some new friends that I’d met in town said: ‘Hey, where are you going? We’re going to have a party,’” he remembered from his New Orleans office. “I had my kayak in my truck, and I asked: ‘OK, you want me to leave this for you?’ I didn’t realize how terrible a joke that would be.”In its aftermath, Murphy decided to devote his life to better managing disasters like Katrina, as did many others in the field.“There’s been tremendous improvements and growth since then,” said Murphy. “To dismantle a lot of what has been done does feel like a little bit of a gut punch.”Cutting funding, undercutting progressAfter Katrina, Fema also increased funding for disaster relief and mitigation. But under Trump, billions of those dollars have dried up.“A lot of the federal grants and money that helped fortify some of the most vulnerable areas, including New Orleans, are getting clawed back,” said Murphy. “You can’t just turn the spigot off and expect the system to still work.”View image in fullscreenSome of the Trump administration’s actions at Fema directly violate policies enacted by lawmakers to prevent future botched disaster responses, said Honoré. That includes the president’s January appointment of a new administrator for the agency.The Post-Katrina Emergency Management Reform Act, which Congress passed in 2006, requires all Fema administrators to have experience in disaster management. The provision was inspired by Bush’s Fema administrator, Michael Brown, who was critiqued for his limited background in the field.In the 19 years since the bill’s passage, only “seasoned emergency managers” have succeeded Brown, said Honoré. But that all changed when Trump picked David Richardson – who appears to have no disaster management experience – for the post, he said.Before leading Fema, Richardson oversaw a Department of Homeland Security program focused on weapons of mass destruction. In a June briefing, Richardson told personnel he was unaware that the US had a hurricane season, which the White House later said was a “joke”.The 2006 policy also empowered Fema to act with greater flexibility and clearer authority in emergency management, and designated its administrator as a principal presidential adviser. Trump does not appear to be following those provisions, Honoré said.As deadly floods overwhelmed Texas last month, Fema officials told CNN they were not able to pre-position search and rescue crews in the region because Trump’s homeland security secretary, Kristi Noem, insisted upon personally approving all agency contracts and grants over $100,000 before funds were disbursed.“Genius,” Honoré said sarcastically.This week, Fema employees wrote to Congress warning that the Trump administration’s changes at the agency could lead to another “catastrophe” on the scale of Hurricane Katrina. “The agency’s current trajectory reflects a clear departure from the intent” of the 2006 legislation, they wrote.View image in fullscreenDaniel Llargués, Fema’s acting press secretary, dismissed the criticisms voiced in the letter telling the New York Times the Trump administration “is committed to ensuring Fema delivers for the American people” and to cutting “red tape, inefficiency and outdated processes” in the agency. Fema did not respond to questions from the Guardian for this article.Equity threatenedIn the absence of federal support after Katrina, many advocacy groups worked to fill the gaps, particularly in the low-income communities of color that found it disproportionately difficult to rebuild.Even those non-governmental efforts have been undermined by Trump’s policies, said McKinney, the field operations director of lowernine.org.The organization has for years hosted international volunteers, but fewer want to travel to the US amid Trump’s immigration crackdown, he said.In May, the president also gutted AmeriCorps, leaving lowernine.org with fewer hands to help with their home construction efforts.“They cut the AmeriCorps funding [one] afternoon in the middle of a workday,” said Laura Paul, executive director of lowernine.org. “Our team had just taken a wall down on someone’s house that they were living in, and they just put their tools down and walked off site.”View image in fullscreenTrump has also ended grants to some environmental justice groups, including in New Orleans, further threatening efforts to promote equitable disaster recovery, while gutting Biden-era equity-focused government initiatives, including within Fema.“Fema, obviously, was not perfect in any way after Katrina,” said Montano. “But a lot of the progress on equity is just gone.”‘More support, more help’The scrutiny federal disaster response has received since Katrina is warranted, but Trump has moved in the wrong direction, said Betina James, a resident of New Orleans’s Hollygrove neighborhood.View image in fullscreen“We want more support, more help, not for them to take all that help away,” she said.From a senior citizens community meeting at the Hollygrove-Dixon Neighborhood Association’s Life Transformation Community Center this month, James recounted her experience after Katrina destroyed her house: Fema denied her request for a temporary shelter for two months, and when they finally approved it, the agency provided her with a trailer that had “no floor in the bedroom”.“It was just covered with carpet with nothing under it, so if you stepped on it, you’d go straight through to the ground,” she said.Officials provided a replacement, but living in it made her feel nauseated with burning eyes and itchy skin. She believes it was contaminated.At the senior citizens meeting, a dozen other residents chimed in with their harrowing Katrina experiences: stepping over human corpses in the streets and being left without shelter and financial aid. Some said they had even failed to receive adequate assistance during more recent disasters such as 2021’s Hurricane Ida.View image in fullscreenBut those experiences should push officials to improve Fema, not gut it, said Terry Caesar, another senior attending the meeting.“It used to be when things broke, we took it to the shop to fix it,” he said. “You’re not supposed to throw it out.” More

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    New Orleans mayor indicted for corruption over alleged bodyguard romance

    The New Orleans mayor, LaToya Cantrell, was indicted by a federal grand jury Friday on corruption charges involving a purported romance with her former bodyguard.Cantrell, 53, thus became the first New Orleans mayor in the city’s 307-year history to be charged by the US government with crimes while still in office.The indictment against Cantrell came after she drew scrutiny for an alleged affair with a now retired New Orleans police officer who had served as her bodyguard. Cantrell and the bodyguard, Jeffrey Vappie, allegedly plotted to foster their personal and romantic relationship while he was clocked in at work and being paid to provide her with protection.As Guardian reporting partner WWL Louisiana reported, Cantrell also allegedly arranged for Vappie to accompany her on at least 14 out-of-state trips, including to Scotland and the United Arab Emirates, claiming concerns about her safety that required protection. The trips cost the New Orleans’ city government more than $70,000, not counting Cantrell’s travel expenses, the charging documents filed on Friday said.The pair were also accused of using a city-owned apartment on the edge of New Orleans’s Jackson Square, in its historic French Quarter neighborhood, to spend time together while Vappie was supposed to be on duty.Cantrell and Vappie, 52, are accused of then seeking to cover up the relationship by using an encrypted messaging program and deleting at least some of the 15,000 messages they exchanged, as well as lying to federal agents, grand jurors, colleagues and the public.When a New Orleans resident took photos of the Cantrell and Vappie dining together and drinking wine, the mayor filed a police report and temporarily obtained a restraining order, he said.Friday’s charges also allege that Vappie “attempted to persuade” New Orleans’s interim police superintendent from December 2022 to October 2023, Michelle Woodfork, to “make it right” and exonerate him as investigators circled.Cantrell then met with Woodfork – in front of Vappie – and told her she would not be offered the long-term superintendent’s post, the indictment contended.Cantrell and Vappie are facing charges of wire fraud, obstruction of justice, conspiracy to commit both of those crimes, false statements and untrue declarations to a grand jury.Vappie had already been charged in July 2024 – shortly after he retired from the New Orleans police – with wire fraud and lying to FBI agents.The allegations against him and Cantrell called to mind the 2018 scandal that cost the Nashville mayor, Megan Barry, her job and centered on an affair with her bodyguard, Robert Forrest. Prosecutors who obtained the 2024 charges against Vappie alleged he researched that case online two years beforehand.Friday’s charges against Cantrell also come after the September 2024 indictment of New Orleans businessman Randy Farrell. Farrell was charged with exchanging gifts with the mayor so she would allegedly fire a municipal employee who was investigating Farrell’s building inspection company.Among the alleged gifts were tickets to a January 2019 New Orleans Saints football game, which was being played with a Super Bowl appearance on the line, a cellphone and lunch at an upscale Ruth’s Chris Steak House in the city.Vappie and Farrell had pleaded not guilty to the charges previously filed against them.While the Donald Trump-led US justice department obtained the indictment against Cantrell about seven months into the Republican’s second presidency, the federal investigation into the mayor began while Joe Biden – her fellow Democrat – was in his second full year in the Oval Office.The timing of Friday’s indictment coincided with the grand jurors being scheduled to wind down their work. Such panels are typically in place for six months, but this one had been extended twice since first convening in February 2024.Cantrell’s lawyer, Eddie Castaing, initially limited his media comments to confirming that a grand jury indictment had been returned against his client. He also told the Associated Press that Cantrell’s name was read aloud by a federal magistrate judge as a defendant.At a press briefing, the acting US attorney in New Orleans, Michael Simpson, accused Cantrell and Vappie of “an incredible betrayal” of the public’s trust in its own government.Cantrell, a native of Compton, California, had been a New Orleans city council member before winning election as its first-ever female mayor in November 2017.She succeeded Mitch Landrieu, who later worked for Biden’s White House as its infrastructure czar.The Cantrell administration’s first four-year term was partly marked by its guiding the city through the Covid-19 pandemic. And, in 2019, New Orleans registered a 47-year low of homicides.Cantrell was re-elected in November 2021, and her second term has been considerably turbulent.The federal investigation began with 2022 subpoenas issued regarding an image consultant she employed. Her husband – Jason, with whom she had a daughter – unexpectedly died in August 2023.And, as the AP noted, her civic profile receded as she locked herself into feuds with a hostile city council while alienating former confidantes as well as supporters. The city council responded by weakening the mayor’s power through voter-approved changes to the municipal governing charter.Cantrell and her remaining allies maintain that, as a Black woman, she has been treated differently from her male predecessors.Simpson on Friday denied that race or gender factored into the investigation against Cantrell.Cantrell was term-limited from seeking another stint as mayor and is due to leave office in January. Several candidates have signed up to run to replace her in a primary election set for October.Only one other person who has served as New Orleans mayor has been charged with federal crimes: Ray Nagin.Nagin was the New Orleans mayor when the failure of federal levees there during Hurricane Katrina on 29 August 2005 destroyed the city and caused about 1,400 deaths. He was convicted in 2014 on charges of bribery, honest services wire fraud, money laundering, filing false tax returns and conspiracy, and was sentenced to 10 years in prison.The Associated Press and WWL Louisiana contributed reporting More

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    Consent decrees force schools to desegregate. The Trump administration is striking them down

    In late April, the Department of Justice announced that it was ending a decades-long consent decree in Plaquemines parish, Louisiana, in a school district that has been under a desegregation order since the Johnson administration in the 1960s.The Plaquemines parish desegregation order, one of more than 130 such orders nationwide, was in place to ensure that the school district, which initially refused to integrate, followed the law. Many consent decrees of the era are still in existence because school districts are not in compliance with the law.Some experts, including former justice department employees, say the change in direction for the department could be worrying.These orders “provide students with really important protections against discrimination”, said Shaheena Simons, who was the chief of the educational opportunities section of the civil rights division at the justice department for nearly a decade. “They require school districts to continue to actively work to eliminate all the remaining vestiges of the state-mandated segregation system. That means that students have protections in terms of what schools they’re assigned to, in terms of the facilities and equipment in the schools that they attend. They have protection from discrimination in terms of barriers to accessing advanced programs, gifted programs. And it means that a court is there to protect them and to enforce their rights when they’re violated and to ensure that school districts are continuing to actively desegregate.”The justice department ended the Plaquemines parish desegregation order in an unusual process, one that some fear will be replicated elsewhere. The case was dismissed through a “joint stipulated dismissal”. Previously, courts have followed a specific process for ending similar cases, one in which school districts prove that they are complying with the court orders. That did not happen this time. Instead, the Louisiana state attorney general’s office worked with the justice department in reaching the dismissal.“I’m not aware of anyone, any case, that has [ended] that way before,” said Deuel Ross, the deputy director of litigation of the Legal Defense Fund (LDF); the LDF was not specifically involved with the Plaquemines parish case. “The government as a plaintiff who represents the American people, the people of that parish, has an obligation to make sure that the district has done everything that it’s supposed to have done to comply with the federal court order in the case before it gets released, and the court itself has its own independent obligation to confirm that there’s no vestiges of discrimination left in the school district that are traceable to either present or past discrimination.”Despite the district not proving that it is compliant with the order, the justice department has celebrated the end of the consent decree.“No longer will the Plaquemines Parish School Board have to devote precious local resources over an integration issue that ended two generations ago,” Harmeet K Dhillon, assistant attorney general of the justice department’s civil rights division, said in a statement announcing the decision. “This is a prime example of neglect by past administrations, and we’re now getting America refocused on our bright future.”But focusing on the age of the case implies that it was obsolete, according to Simons, who is now the senior adviser of programs and strategist at the Lawyers’ Committee for Civil Rights Under Law. “The administration is trying to paint these cases as ancient history and no longer relevant.”In 1966, the Johnson administration sued school districts across the country, particularly in the south, that refused to comply with desegregation demands. At the time, Plaquemines parish was led by Leander Perez, a staunch segregationist and white supremacist.Perez had played a large role in trying to keep nearby New Orleans from desegregating, and once that effort failed, he invited 1,000 white students from the Ninth Ward to enroll in Plaquemines parish schools. By 1960, nearly 600 had accepted the offer. Perez was excommunicated by Archbishop Joseph Francis Rummel for ignoring his warning to stop trying to prevent schools run by the archdiocese of New Orleans from integrating.Perez attempted to close the public schools in Plaquemines parish, and instead open all-white private academies, or, segregation academies, which became a feature of the post-integration south. An estimated 300 segregation academies, which, as private schools, are not governed by the same rules and regulations as public schools, are still in operation and majority white.Students and teachers working in school districts today might be decades removed from the people who led the push for desegregation in their districts, but they still benefit from the protections that were long ago put in place. Without court oversight, school districts that were already begrudgingly complying might have no incentive to continue to do so.According to the Century Foundation, as of 2020, 185 districts and charters consider race and/or socioeconomic status in their student assignment or admissions policies, while 722 districts and charters are subject to a legal desegregation order or voluntary agreement. The justice department currently has about 135 desegregation cases on its docket, the majority of which are in Louisiana, Mississippi, Alabama and Georgia.skip past newsletter promotionafter newsletter promotion“Separate but equal doesn’t work,” said Johnathan Smith, former deputy assistant attorney general in the civil rights division at the justice department. “The reality is that students of color do better when they are in integrated classrooms … We know that the amount of resources that are devoted to schools are greater when there are a higher number of white students. So to have students attend majority-minority school districts means that they’re going to be shut out, whether that’s from AP classes, whether that’s from extracurricular activities. All the activities that make it possible for students to fully achieve occur when you have more integrated classrooms.”“Public education isn’t just about education for the sake of education,” he added. “It’s about preparing people to be citizens of our democracy and to be fully engaged in our democratic institutions. When you have students that are being shut out from quality public education, the impact is not just on those communities. It’s on our democracy writ large.”Smith, the current chief of staff and general counsel for the National Center for Youth Law, said that the decision “signals utter contempt for communities of color by the administration, and a lack of awareness of the history of segregation that has plagued our nation’s schools”.“Even though we are 71 years after the Brown v Board [of Education] decision, schools of this country remain more segregated today than they were back in 1954,” he said. “The fact that the administration is kind of wholeheartedly ending these types of consent decrees is troubling, particularly when they’re not doing the research and investigation to determine whether or not these decrees really should be ended at this point.”Smith said that the decision in the Plaquemines parish case may be a “slippery slope” in which other school districts begin reaching out to the Trump administration.“The impact they can have across the country and particularly across the south is pretty huge,” he said. “I worry that we’re going to see more and more of these decrees falling and more and more of these districts remaining segregated without any real opportunity to address that.” More

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    Supreme Court Punts Decision on Louisiana Voting Map Until Next Term

    The justices asked that the case, which has implications for the political power of Black voters, be reargued next term.The Supreme Court declined on Friday to weigh in on Louisiana’s contested congressional voting map, instead ordering that new arguments be scheduled during its next term.There was no explanation offered for why the justices did not make a decision or set a date for new arguments. All but one paragraph in the six-page order was written by Justice Clarence Thomas, the lone dissent.Justice Thomas wrote that it was the court’s duty to hear such congressional redistricting challenges and that the justices had “an obligation to resolve such challenges promptly.”It is the latest twist in a winding legal battle over whether Louisiana drew congressional districts that fairly empower all voters after the 2020 census. The case has been closely watched, given that a decision striking down Louisiana’s map could affect the balance of power in the narrowly divided House of Representatives.For now, the state’s latest map, which the State Legislature approved in January 2024, will remain in place. That map paved the way for a second Black Democrat, Cleo Fields, to join Representative Troy Carter, a New Orleans-area Democrat, in the state’s congressional delegation. It was the first time in decades that Louisiana had elected two Black members of Congress, and allowed Democrats to pick up a second seat in the state.One-third of the state’s population is Black.“Although we hoped for a decision this term, we welcome a further opportunity to present argument to the court regarding the states’ impossible task of complying with the court’s voting precedents,” Liz Murrill, the Louisiana attorney general, said in a statement shared on social media.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Court strikes down Louisiana law requiring display of Ten Commandments in schools

    A panel of three federal appellate judges has ruled that a Louisiana law requiring the Ten Commandments to be posted in each of the state’s public school classrooms is unconstitutional.The ruling on Friday marked a major win for civil liberties groups who say the mandate violates the separation of church and state – and that the poster-sized displays would isolate students, especially those who are not Christian.The mandate has been touted by Republicans, including Donald Trump, and marks one of the latest pushes by conservatives to incorporate religion into classrooms. Backers of the law argue the Ten Commandments belong in classrooms because they are historical and part of the foundation of US law.Heather L Weaver, a senior staff attorney with the American Civil Liberties Union, said Friday’s ruling “held Louisiana accountable to a core constitutional promise: public schools are not Sunday schools, and they must welcome all students, regardless of faith”.The plaintiffs’ attorneys and Louisiana disagreed on whether the appeals court’s decision applied to every public school district in the state or only the districts party to the lawsuit.“All school districts in the state are bound to comply with the US constitution,” said Liz Hayes, a spokesperson for Americans United for Separation of Church and State, which served as co-counsel for the plaintiffs.The appeals court’s rulings “interpret the law for all of Louisiana”, Hayes added. “Thus, all school districts must abide by this decision and should not post the Ten Commandments in their classrooms.”Louisiana’s attorney general, Liz Murrill, said she disagreed and believed the ruling only applied to school districts in the five parishes that were party to the lawsuit. Murrill added that she would appeal the ruling, including taking it to the US supreme court if necessary.The panel of judges reviewing the case was unusually liberal for the fifth US circuit court of appeals. In a court with more than twice as many Republican-appointed judges, two of the three judges involved in the ruling were appointed by Democratic presidents.The court’s ruling stems from a lawsuit filed last year by parents of Louisiana schoolchildren from various religious backgrounds, who said the law violates language in the US constitution’s first amendment guaranteeing religious liberty and forbidding government establishment of religion.The ruling also backs an order issued last fall by US district judge John deGravelles, who declared the mandate unconstitutional and ordered state education officials not to enforce it and to notify all local school boards in the state of his decision.The state’s Republican governor, Jeff Landry, signed the mandate into law last June.Landry said in a statement on Friday that he supports the attorney general’s plans to appeal.“The Ten Commandments are the foundation of our laws – serving both an educational and historical purpose in our classrooms,” Landry said.Law experts have long said they expect the Louisiana case to make its way to the US supreme court, testing the court on the issue of religion and government.Similar laws have been challenged in court.A group of Arkansas families filed a federal lawsuit recently challenging a near-identical law passed in their state. And comparable legislation in Texas currently awaits Governor Greg Abbott’s signature.In 1980, the supreme court ruled that a Kentucky law violated the establishment clause of the US constitution, which says Congress can “make no law respecting an establishment of religion”. The court found that the law had no secular purpose but served a plainly religious purpose.And in 2005, the supreme court held that such displays in a pair of Kentucky courthouses violated the US constitution. At the same time, the court upheld a Ten Commandments marker on the grounds of the Texas state capitol in Austin. More