United States

Subterms

    More stories

    • 100 Shares169 Views

      in Elections

      The Painful History of the Georgia Voting Law

      by

      Republicans today know that blocking access to the ballot has always relied on legal maneuvering and political schemes.Seventy-five years ago this July, a World War II veteran named Maceo Snipes reportedly became the first Black man to cast a ballot in his rural Georgia county. The next day, a white man shot him in his front yard, and Mr. Snipes would soon afterward die from those wounds.Fortunately, three generations removed from the political reign of terror that claimed Mr. Snipes’s life, voter suppression seems much less likely to arrive by bullet. But we may not be as distant in our political moment from theirs as we might think: The long struggle to block access to the ballot has always relied on legal maneuvering and political schemes to achieve what bullets and bombs alone could not.What legislators in Georgia and across the country have reminded us is that backlash to expanded voting rights has often arrived by a method that our eras share in common: by laws, like Georgia’s Senate Bill 202, passed by elected politicians.Opponents of the new Georgia law denounce the legislation as “Jim Crow 2.0” precisely because they recognize the continuities between past and present. The bill’s most ardent supporters, who lined up in front of a painting of a building on the site of an antebellum plantation to watch Gov. Brian Kemp sign it into law, seem less interested in distancing themselves from that past and more eager for Americans to forget it.“Our country has changed,” Chief Justice John Roberts explained in 2013 in defending the Supreme Court’s gutting a key provision of the Voting Rights Act in Shelby County v. Holder, a decision that helped clear the way for the current voter suppression campaigns. Yet the riot at the U.S. Capitol makes clear that concerted efforts to sow seeds of distrust in the democratic process can still stoke violent reaction.The methods in the fight against voting rights have a common objective — an electorate narrowed along predictable and demonstrable fault lines. Many present-day proponents of voting restrictions are quick to distance themselves from the racist aims and attitudes of their forebears, but the most durable and enduring attacks on voting rights have long cloaked their goals in race-neutral language — at least in writing.Historians like Carol Anderson demonstrate that attempts to limit ballot access have followed in the wake of mass political mobilization and in response to federal efforts to protect or expand voting rights. At the time Mr. Snipes was killed, the U.S. Supreme Court had recently invalidated the white primary, a disenfranchisement tactic that locked Black voters out of the only election that really mattered because of one-party rule in the “Solid South.” The N.A.A.C.P., which grew from 50,000 to approximately half a million members during World War II, spearheaded the legal challenge to the white primary and grass-roots voter registration drives across the South. Anticipating that Black voters would flood the polls in 1946, Eugene Talmadge, the ex-governor running for the office again, mobilized supporters to ward off threats from local activists and federal action alike.Mr. Talmadge egged on supporters who intimidated and attacked Black voters, but his most enduring and effective tactics look much more like present-day voter suppression tactics. As the Emory researcher Hannah Charak has documented, Mr. Talmadge quietly collaborated with sympathetic local officials on illegal registration purges and blanketed the state with “challenge forms” that white residents could use to dispute Black votes.Voter suppression tactics like literacy tests and Georgia’s infamous county unit system delivered racist leadership like Mr. Talmadge (and his son) while withstanding legal challenges and Supreme Court rulings for decades in part because such measures commonly avoided mention of race.If we remember Georgia’s extremist enemies of democracy for the violence they inspired, then today’s advocates of voter suppression may well expect history to reflect favorably on their relative restraint. Yet even as many supporters of Georgia’s new voting restrictions seek to distance themselves from the violence at the Capitol, they invoke unproven claims of voter fraud and the passions they provoke as a pretext for their legislative actions — political cover for those who claim the high ground of “electoral reform.”Georgia is now a far cry from the one-party politics of Jim Crow, and its increasingly diverse population challenges the power of the overwhelmingly white and disproportionately rural ruling class that has held sway for nearly all of the state’s history — thanks in large part to an unending stream of voter suppression schemes.The ruling logic that drives those efforts, spanning generations and a dramatic shift in party affiliation, is the conviction that America would be better off if fewer Americans voted. Perhaps it is time not only to focus on those who say the quiet parts out loud but to remember that the quiet parts have been there all along.Jason Morgan Ward, a professor of history at Emory University, is the author of “Defending White Democracy: The Making of a Segregationist Movement and the Remaking of Racial Politics, 1936-1965” and, most recently, “Hanging Bridge: Racial Violence and America’s Civil Rights Century.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

    • 75 Shares189 Views

      in Elections

      Can Anything End the Voting Wars?

      by

      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyCan Anything End the Voting Wars?As battles over voting rules burn hotter, the stakes are still lower than both sides seem to think.Opinion ColumnistMarch 16, 2021, 5:00 a.m. ETCredit…Illustration by Arsh Raziuddin, Photos, via Getty More

    • 75 Shares99 Views

      in Elections

      Justice Breyer Should Retire Right Now

      by

      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyJustice Breyer Should Retire Right NowIf he doesn’t, Democrats run the very real risk that they would be unable to replace him.Mr. Campos is a law professor who writes extensively about politics and the Constitution.March 15, 2021, 5:00 a.m. ETCredit…Simone NoronhaJustice Ruth Bader Ginsburg was widely, and deservedly, criticized for her refusal to retire from the Supreme Court at a time when a Democratic president could have chosen her replacement.Justice Stephen Breyer is making a similar and arguably even more egregious mistake.The evident indifference on the part of Democrats regarding the failure of Justice Breyer, 82, to announce his retirement is apparently a product of the assumption that he will do so at some point during the current Congress and that therefore whether he does so anytime soon is not particularly important.This is a grave mistake.Consider that because of the extremely thin nature of their Democratic Senate control, the shift of a single seat from the Democrats to the Republicans or even one vacancy in the 50 seats now controlled by the Democratic caucus would probably result in the swift reinstallation of Mitch McConnell as the majority leader.What are the odds that something like this — a senator’s death, disabling health crisis or departure from office for other reasons — will happen sometime in this Congress’s remaining 22 months?Alarmingly for Democrats, if history is any guide, the odds are quite high. Since the end of World War II, 27 of the 38 Congresses have featured a change in the party composition of the Senate during a session.The probability that such a shift may occur during this particular Congress may well be even higher than that. At the moment, no fewer than six Democratic senators over the age of 70 represent states where a Republican governor would be free to replace them with a Republican, should a vacancy occur.Five other Democratic senators represent states for which a vacancy would go unfilled for months, until a special election to fill the seat was held — which would hand the G.O.P. control of the Senate at least until that election and likely for the rest of the current Congress if a Republican wins that contest. (In the case of Wisconsin, such a vacancy might not be filled until 2023.)All things considered, the odds that Democrats will lose control of the Senate in the next 22 months are probably close to a coin flip.Under the circumstances, for Democrats to run the very real risk that they would be unable to replace Justice Breyer is unacceptable. Of course, the only person who is in a position to ensure that this does not happen is Justice Breyer himself.It is true that, under normal circumstances, a Supreme Court justice planning to retire generally waits until the end of a court term to do so. But these are not normal circumstances.Nothing illustrates the anti-democratic dysfunction of our political system more clearly than the current makeup of the Supreme Court. Two-thirds of the sitting justices were nominated by Republican presidents, even though Republican presidential candidates have lost the popular vote in seven of the nine elections, which determined who nominated these justices.And these justices were confirmed by a Senate that has become skewed so radically in favor of electing Republicans that the 50 senators who caucus with the Democrats represent about 41.5 million more Americans than the 50 Republican senators do.Under the circumstances, it would be a travesty if the Supreme Court seat occupied by Justice Breyer was not filled by a replacement chosen by Democrats.He should announce his retirement immediately, effective upon the confirmation of his successor. For him to continue to make the same gamble that Justice Ginsburg made and lost runs the risk of tainting his legacy as a justice and has the potential to be an anti-democratic disaster for the nation as a whole.Paul F. Campos is a law professor at the University of Colorado, Boulder, and writes about law and politics at Lawyers, Guns & Money.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

    • 75 Shares149 Views

      in World Politics

      Is the US Back Under Biden?

      by

      Caligula was by all accounts a nasty piece of work. During the nearly four years that he ruled over the Roman Empire in the first century CE, Caligula was notorious for sexual predation and extravagant spending. Never one to sell himself short, he proclaimed early on that he was a god. He held the Senate in such contempt that he forced its high-ranking members to run alongside his chariot for miles dressed in their togas. He dismissed Virgil as a hack writer and Livy as a dispenser of fake history, and he dreamed of making his favorite horse a consul.

      He was also inordinately fond of killing people, sometimes only to seize their assets. Or because he was bored, like the time at a gladiatorial contest when there were no criminals to execute during the intermission. Thinking fast, the despot ordered his guards to throw an entire section of the audience into the arena to be devoured by wild animals.

      Will Biden Overturn Sanctions on the ICC?

      READ MORE

      The world’s most powerful empire suffered four years of unbounded narcissism from a man with a reputation for sexual assaults and a fondness for cruelty who disparaged everyone in sight. Sound familiar?

      The one member of his close circle whose life Caligula spared was his uncle Claudius, primarily to make fun of the older man, who was lame and stammered. But “Sleepy Claudius,” particularly as depicted in the two historical novels of Robert Graves and portrayed by Derek Jacobi in the hit BBC series, was a crafty fellow who knew how to survive the deadly game of Roman imperial politics. When the Praetorian Guard finally had enough of Caligula and assassinated him — with the support of the political elite — Claudius was found hiding behind the curtains in the palace and proclaimed the new emperor.

      Claudius went on to rule for 13 years. Despite being absent-minded and scatter-brained, he proved to be far more capable than most Romans anticipated. The new emperor restored the rule of law throughout the empire. He stabilized the economy, embarked on an ambitious plan to improve the infrastructure of the realm, and even expanded its reach in the Balkans, North Africa and far-off Britain.

      Joe Biden, similarly underestimated because of his stammer and meandering speeches, has channeled Claudius in his first month in office. With a flurry of executive orders, the new US president has quickly reversed some of the most damaging policies of his deranged predecessor. Facing both a pandemic and an economic crisis, he is restoring confidence in government with a rapid vaccination rollout and a large-scale stimulus package. He has plans for big policy initiatives around infrastructure, energy and immigration.

      .custom-post-from {float:right; margin: 0 10px 10px; max-width: 50%; width: 100%; text-align: center; background: #000000; color: #ffffff; padding: 15px 0 30px; }
      .custom-post-from img { max-width: 85% !important; margin: 15px auto; filter: brightness(0) invert(1); }
      .custom-post-from .cpf-h4 { font-size: 18px; margin-bottom: 15px; }
      .custom-post-from .cpf-h5 { font-size: 14px; letter-spacing: 1px; line-height: 22px; margin-bottom: 15px; }
      .custom-post-from input[type=”email”] { font-size: 14px; color: #000 !important; width: 240px; margin: auto; height: 30px; box-shadow:none; border: none; padding: 0 10px; background-image: url(“https://www.fairobserver.com/wp-content/plugins/moosend_form/cpf-pen-icon.svg”); background-repeat: no-repeat; background-position: center right 14px; background-size:14px;}
      .custom-post-from input[type=”submit”] { font-weight: normal; margin: 15px auto; height: 30px; box-shadow: none; border: none; padding: 0 10px 0 35px; background-color: #1878f3; color: #ffffff; border-radius: 4px; display: inline-block; background-image: url(“https://www.fairobserver.com/wp-content/plugins/moosend_form/cpf-email-icon.svg”); background-repeat: no-repeat; background-position: 14px center; background-size: 14px; }

      .custom-post-from .cpf-checkbox { width: 90%; margin: auto; position: relative; display: flex; flex-wrap: wrap;}
      .custom-post-from .cpf-checkbox label { text-align: left; display: block; padding-left: 32px; margin-bottom: 0; cursor: pointer; font-size: 11px; line-height: 18px;
      -webkit-user-select: none;
      -moz-user-select: none;
      -ms-user-select: none;
      user-select: none;
      order: 1;
      color: #ffffff;
      font-weight: normal;}
      .custom-post-from .cpf-checkbox label a { color: #ffffff; text-decoration: underline; }
      .custom-post-from .cpf-checkbox input { position: absolute; opacity: 0; cursor: pointer; height: 100%; width: 24%; left: 0;
      right: 0; margin: 0; z-index: 3; order: 2;}
      .custom-post-from .cpf-checkbox input ~ label:before { content: “f0c8”; font-family: Font Awesome 5 Free; color: #eee; font-size: 24px; position: absolute; left: 0; top: 0; line-height: 28px; color: #ffffff; width: 20px; height: 20px; margin-top: 5px; z-index: 2; }
      .custom-post-from .cpf-checkbox input:checked ~ label:before { content: “f14a”; font-weight: 600; color: #2196F3; }
      .custom-post-from .cpf-checkbox input:checked ~ label:after { content: “”; }
      .custom-post-from .cpf-checkbox input ~ label:after { position: absolute; left: 2px; width: 18px; height: 18px; margin-top: 10px; background: #ffffff; top: 10px; margin: auto; z-index: 1; }
      .custom-post-from .error{ display: block; color: #ff6461; order: 3 !important;}

      But, of course, not everyone was thrilled with Emperor Claudius, particularly those on the Roman periphery. The British, for instance, chafed under imperial rule. Their escalating anger culminated in the bloody but ultimately unsuccessful revolt of Queen Boudica in 60 CE. Not surprisingly, Biden too has faced his share of criticism, particularly among those on the receiving end of American power or those who’ve bristled at the fickleness of American leadership.

      America’s Caligula is still around, perhaps even harboring hopes of a return to power in 2024. In the meantime, what are we to make of America’s Claudius and his effort to bring stability to the American empire?

      Biden Makes Nice with the World

      The Biden administration has gone into overdrive in its efforts to rejoin the international community as a member in good standing. On February 19, the United States officially reentered the 2015 Paris climate agreement, while Special Envoy John Kerry has pledged to restore the $2 billion for the Green Climate Fund that the US promised under Barack Obama but never delivered. The administration has rejoined the World Health Organization, signed up for the COVID-19 Vaccines Global Access (COVAX) program and promised to disburse the $4 billion that Congress appropriated for COVAX at the end of 2020. Biden reversed some of former President Donald Trump’s most noxious immigration policies, shutting down construction of the wall on the southern border, ending the “Muslim travel ban” and beginning to bring the country back into compliance with international norms around refugees and asylum-seekers.

      The Biden administration has also pledged more cooperative relations with NATO allies, Pacific partners and democratic countries more generally. It rejoined the UN Human Rights Council as an observer and restored funding for the UN Population Fund. It began the process of reviving the Iran nuclear deal, restarted relations with Palestinian organizations, embarked tentatively on restoring better relations with Cuba, extended New START with Russia and stopped funding the Saudi-led war in Yemen. Not bad for one month’s work.

      President Biden’s moves have encountered inevitable challenges, both domestic and foreign. The Senate, as I explained in my last column, has been perhaps the major check in American politics on an authentic internationalism. Not surprisingly, some Republicans in the Senate are already trying to undermine US involvement in the Paris climate agreement, and they’re sharpening their knives to attack renewed engagement with Iran and with Cuba.

      Some allies, too, are not fully on board with Biden’s great reset. France would prefer to invest more in an independent European security system and rely less on NATO. Germany is not interested in a full-court press on Russia and hopes to strike a compromise with the Biden administration that would allow it to stay on schedule with its Nord Stream 2 gas pipeline deal with the Kremlin. Japan and South Korea are squeamish about the trilateral coordination that the United States is (again) promoting, relations with Turkey are tense and Israel is unhappy with Biden’s restoring US ties with Palestine.

      But the real problem with the president’s new approach to the world lies not in the resistance it has engendered at home or the ambivalence it has fostered abroad. It lies with the very nature of Biden’s foreign policy.

      The Stick

      The amount of damage that Trump did to the world was limited to a certain extent by his incompetence. He could have blundered into another war if his advisers had let the presidential id run wild. If he’d had a Stephen Miller to do to foreign policy what this savvy operator did to immigration, Trump might well have permanently damaged the global system.

      Embed from Getty Images

      Biden, meanwhile, has assembled a thoroughly competent team of professionals — from Secretary of State Antony Blinken and UN Ambassador Linda Thomas-Greenfield to climate czar John Kerry and Deputy Secretary of State Wendy Sherman. That competence is a godsend when it comes to navigating the intricacies of the Iran nuclear deal and the Paris climate negotiations.

      But when it comes to the less pleasant aspects of US foreign policy, that competence might prove deadly. Claudius, it turned out, was not a feeble dotard. He knew exactly how to deploy Rome’s imperial might to finish the job Caligula had started in conquering Mauritania and to extend the empire’s dominion to the westernmost reaches of Europe. If the Biden administration decides to ramp up confrontation with China in the South China Sea, for instance, his team might very competently — and disastrously — marshal US allies in the region to implement the plan.

      Pax Romana was largely an enforced peace rather than a negotiated one, and Pax Americana has always relied on the overwhelming predominance of US military power. Already, the Biden team has stated its desire to focus on great power rivalry with China and Russia rather than losing propositions like the war in Afghanistan. That preference will translate into a continuation of bloated military budgets, large arms deals with allies and sort-of allies on the periphery of China and Russia, and the deployment of various economic strategies like sanctions to influence the behavior of these perennial competitors.

      In his early days in office, Biden has been quick to emphasize the role of diplomacy, promising that force will be the “tool of last resort.” A dramatic example of that approach has been the absence of any drone strikes during the first month of the administration. This is in marked contrast to the strikes that Obama and Trump ordered almost immediately upon taking office as well as the escalation in attacks that took place in Trump’s final months. Only one airstrike has been reported, in Iraq on February 9 against the Islamic State. (Editor’s note: This article was written prior to the US airstrike in eastern Syria on February 25.) In addition to initiating a review of drone strikes, the administration has launched a probe into Special Forces operations to ascertain whether they have adhered to the Pentagon’s “law of war” requirements. This is all very promising. But will it last?

      Claudius was content to be successful within the Roman imperial framework. Guilty of his own excesses of violence, he never tried to turn the empire back into a republic or negotiate a new set of relations with Rome’s far-flung possessions. He knew only to expand. Biden, too, operates within the existing system of American dominance. It remains to be seen whether he will dramatically reduce the US military footprint and work with other major powers to redefine international relations at a time of multiple global crises.

      If he doesn’t, America will risk the same fate that befell Rome after the death of Claudius. In 54 CE, a new emperor took power who made Caligula look like a cub scout. This latest Caesar made sure that the good that Claudius did during his 13-year reign was indeed interred with his bones. “Nero practiced every kind of obscenity,” writes the gossipy chronicler Suetonius, adding that the new emperor “annulled many of Claudius’ decrees and edicts, on the grounds that he’d been a doddering old idiot.”

      The trick, then, is not just to reverse the evils of one’s predecessor but to make those reversals stick. That, in turn, will require not just quick fixes but turning the United States into a truly cooperative world power.

      *[This article was originally published by FPIF.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

    • 138 Shares179 Views

      in Elections

      We Still Have to Worry About the Supreme Court and Elections

      by

      #masthead-section-label, #masthead-bar-one { display: none }Campaign to Subvert the 2020 ElectionKey TakeawaysTrump’s RoleGeorgia InvestigationExtremist Wing of G.O.P.AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyWe Still Have to Worry About the Supreme Court and ElectionsThe justices are about to consider whether the Voting Rights Act applies to policies that restrict the vote.Contributing Opinion WriterFeb. 25, 2021, 5:00 a.m. ETCredit…Damon Winter/The New York TimesWhen the Supreme Court on Monday rejected Pennsylvania Republicans’ after-the-fact effort to invalidate late-arriving mailed ballots, it was tempting to suppose that the country’s courthouse doors had finally closed on this most litigated of presidential elections.If only it were that simple.True, in denying the Republicans’ petitions, the court didn’t issue an opinion. Of the four votes necessary to accept a case, these two cases (treated by the court as one) garnered only three. So for the official record, the only outcome in Republican Party of Pennsylvania v. DeGraffenreid and in Corman v. Pennsylvania Democratic Party was “denied.”But the three justices who would have accepted the cases — Clarence Thomas, Samuel Alito and Neil Gorsuch — issued dissenting opinions that provide both a road map and a rationale for the Supreme Court’s future intervention in the quintessentially state matter of how to conduct elections.Remember Bush v. Gore, the case that decided the 2000 presidential election, in which five justices voted to overturn the Florida Supreme Court’s handling of a statewide recount? That decision was based on a theory of equal protection so wacky that the majority opinion insisted that “our consideration is limited to the present circumstances” — that is to say, don’t dare invoke this poor excuse for an opinion as a precedent.That didn’t stop Justice Thomas from citing Bush v. Gore in his dissenting opinion on Monday, and he did so in a particularly shameless fashion. The language he cited wasn’t even from the Bush v. Gore majority opinion, but rather from a separate concurring opinion filed in that case by only three of the majority justices, who argued that the Florida Supreme Court had violated the U.S. Constitution by substituting its will for that of the state Legislature. Justice Thomas invoked that minority portion of the decision to assert that the Pennsylvania Supreme Court was constitutionally out of bounds when, citing both the Covid-19 pandemic and the collapse of the Postal Service as its reasons, it added three postelection days for lawful receipt of mailed ballots.He went on to warn that fraud was “more prevalent with mail-in ballots,” citing as evidence a 1994 Federal District Court case, an article in this newspaper from 2012 and the 2018 Republican ballot-harvesting fraud in North Carolina. Such occurrences, he said, raise “the likelihood that courts will be asked to adjudicate questions that go to the heart of election confidence.” This was the reason, he argued, that the Supreme Court should have taken and decided the Pennsylvania cases before the next election cycle.In his inventory of ballot fraud, Justice Thomas of course could not refer to fraud in the 2020 election, because there wasn’t any. Not a problem:We are fortunate that many of the cases we have seen alleged only improper rule changes, not fraud. But that observation provides only small comfort. An election free from strong evidence of systemic fraud is not alone sufficient for election confidence. Also important is the assurance that fraud will not go undetected.In other words, Justice Thomas would have it both ways: If there was fraud, the court needed to intervene, and if there was no fraud, the court needed to intervene because the fraud might simply be undetected. Despite his disclaimer, the entire structure of his opinion, suggesting that something bad had happened even if no one could prove it, is fairly read as validating the essence of the Trump narrative.Justice Alito, in a separate dissenting opinion that Justice Gorsuch also signed, was more circumspect about the fraud issue. His emphasis was the urgency of stopping state courts from substituting their judgment for that of the legislatures. He said that even though the election was over and late ballots were too few to have made a difference in Pennsylvania’s vote totals, state courts could be expected to behave in the same way in the future unless the Supreme Court used this occasion to stop them.There are several things to note about the Pennsylvania cases. The most obvious is the absence of a fourth vote. In an initial round in the Pennsylvania cases, in mid-October, Justice Brett Kavanaugh had provided Justices Thomas, Alito and Gorsuch with a fourth vote to grant a stay of the state court decision. But a stay requires five votes rather than four. With Amy Coney Barrett not yet confirmed, the eight justices divided 4 to 4, and the stay was denied without opinions. Justice Kavanaugh withheld his vote on Monday, without explanation. Maybe he decided this was a propitious time to offer some cover for Chief Justice John Roberts, who has voted in nearly all the election cases this fall with the three remaining liberal justices.Justice Barrett was also silent. During her confirmation hearing, Senate Democrats had pressed her to promise recusal from any election cases, given that President Donald Trump had said he needed a prompt replacement for Justice Ruth Bader Ginsburg so that he would have a majority of justices voting his way in any election disputes. Justice Barrett did not recuse herself from the Pennsylvania case. Perhaps her decision not to provide the fourth vote her dissenting colleagues needed was a kind of de facto recusal, in recognition that the optics of voting to hear a last-ditch Trump appeal would be awkward, to say the least.The deeper question raised by Monday’s development is why Justices Thomas, Alito and Gorsuch are so intent on what would seem to be a counterintuitive goal for conservatives: curbing the power of state courts. I’m cynical enough to think it has to do with how these three understand the position of state legislatures and state courts in today’s political climate. It’s been widely reported that Republican-controlled legislatures are rolling out bills by the dozens to restrict access to the polls, aimed at discouraging the kind of turnout that produced Democratic victories in Georgia last month. The vote-suppression effort has become so aggressive that some Republicans are starting to worry about voter backlash, according to a recent Washington Post article.State courts, on the other hand, are capable of standing in the way of this strategy. When state high-court judges are elected, as they are in many states, they typically run in statewide races that are not subject to the gerrymandering that has entrenched Republican power in states that are much more balanced politically than the makeup of their legislatures reflects. What better way to disable the state courts in their democracy-protecting role than to push them to the sidelines when it comes to federal elections.So there is no way the Supreme Court is finished with elections. Next Tuesday, as it happens, the justices will hear a crucial voting rights case. The case, from Arizona, asks the court to decide for the first time how Section 2 of the Voting Rights Act of 1965 applies to policies that restrict the vote, through such measures as voter ID requirements.Section 2, which pertains nationwide, is the major remaining provision of the Voting Rights Actfollowing the Supreme Court’s dismantling of the act’s Section 5, in the 2013 Shelby County case. That section barred certain states and smaller jurisdictions from making changes in their election procedures without first receiving federal permission, known as “preclearance.” Section 5 provided vital protection in parts of the country where racism had not released its grip on the levers of power.The issue now is whether Section 2 can be deployed to fill that gap. It prohibits any voting practice that “results in a denial or abridgment of the right of any citizen of the United States to vote on account of race or color.” It has typically been used to challenge redistricting plans that dilute the electoral power of racial and ethnic minorities. The question of whether it can be useful in challenging the wave of vote-suppression schemes, which can present complex problems of proof, hands the justices arguably the most important civil rights case of their current term.With the country exhausted and still reeling from the turmoil of the 2020 election and its bizarre aftermath, the urge not to think about elections for a while is powerful. I share it. But it’s a luxury the Supreme Court hasn’t given us, not now, not as long as some justices have more to say.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

    • 113 Shares179 Views

      in Elections

      Can Biden Save Americans Like My Old Pal Mike?

      by

      Mike Stepp in McMinnville, Ore., in 2018.Credit…Lynsey AddarioSkip to contentSkip to site indexOpinionCan Biden Save Americans Like My Old Pal Mike?A childhood friend’s deadly mistakes prompt reflection on our country’s — and my own.Mike Stepp in McMinnville, Ore., in 2018.Credit…Lynsey AddarioSupported byContinue reading the main storyOpinion ColumnistFeb. 13, 2021, 2:30 p.m. ET More

    • 125 Shares189 Views

      in Elections

      A New Delay for Census Numbers Could Scramble Congressional Elections

      by

      AdvertisementContinue reading the main storySupported byContinue reading the main storyA New Delay for Census Numbers Could Scramble Congressional ElectionsCensus data needed for legislative districts won’t be ready until September. Could that alter the balance of power in the House?If Illinois cannot approve district maps by Sept. 1, the State Constitution shifts mapmaking power from the Democratic-controlled Legislature to a bipartisan panel.Credit…Andrew Nelles for The New York TimesMichael Wines and Feb. 11, 2021Updated 9:11 p.m. ETWASHINGTON — The delivery date for the 2020 census data used in redistricting, delayed first by the coronavirus pandemic and then by the Trump administration’s interference, now is so late that it threatens to scramble the 2022 elections, including races for Congress.The Census Bureau has concluded that it cannot release the population figures needed for drawing new districts for state legislatures and the House of Representatives until late September, bureau officials and others said in recent interviews. That is several months beyond the usual April 1 deadline, and almost two months beyond the July 30 deadline that the agency announced last month. The bureau did not respond to a request for comment but is expected to announce the delay on Friday.The holdup, which is already cause for consternation in some states, could influence the future of key districts. And with Democrats holding a slim 10-seat House majority, it even has the potential to change the balance of power in the House and some state legislatures, according to Michael Li, the senior counsel at the Brennan Center for Justice at New York University School of Law. States need the figures this year to redraw district lines for the 435 seats in the House of Representatives and for thousands of seats in state legislatures.The delay means there will be less time for the public hearings and outside comment required in many states, and less time once maps are drawn to contest new district lines in court, as often happens after redistricting.“The concern in some of those states is that the legislators will simply use a special session to secretly pass maps with zero public scrutiny, and then count on a tight timetable to eke out at least one election cycle” before a court could require new maps to be drawn, said Kathay Feng, the redistricting and representation director at Common Cause.The challenges extend beyond just drawing up districts. State and local election officials need time after new political maps are approved to redraw voting precincts and overhaul voter rolls to ensure that everyone is directed to the proper place to vote. And prospective candidates generally cannot file for office until they know whether they live within the new boundaries of the districts they are seeking to represent.“States are literally sitting on their hands, asking, ‘When will the data come?’” said Jeffrey M. Wice, an adjunct professor at New York Law School and a longtime expert on census and redistricting law.The Census Bureau’s delay stems mostly from problems the pandemic caused in last year’s counts of certain places, including college dorms and housing for agricultural workers. College students, for example, should be counted in dormitories and apartments near their schools, but the pandemic sent most students home last spring just as the census was starting. Now experts must find and locate them properly — and also ensure they are not double-counted as living with their parents.Such problems can be fixed, Census Bureau officials say, but doing so takes time. The location of millions of people is in play, and allotting or placing seats during reapportionment and redistricting can turn on the location of hundreds.It remains unclear how serious the political repercussions of the delay will be, but early indications are that Democrats have more reason to worry.By Mr. Li’s calculation in a report issued on Thursday, Republicans will most likely draw the maps for 181 House seats and Democrats for 49 seats, possibly rising to 74 if the New York Legislature (which is controlled by Democrats) chooses to override the state’s new independent redistricting commission.The map for the rest of the seats in the House will be drawn either in states where power is split between the parties or in states with nonpartisan redistricting commissions, which have mostly proliferated in blue states like California and Virginia and purple states like Michigan.That means Republicans, who have already shown an appetite for extreme gerrymandering in states like North Carolina and Wisconsin, could benefit disproportionately if too little time exists to contest maps drawn by legislatures for 2022 and the rest of the decade.The biggest targets for increasing one party’s share of Congress are the fast-growing Southern states of Texas, Florida, Georgia and North Carolina, where Republicans oversee the drawing of maps through control of both houses of the legislature.In Texas, Mr. Li expects Republicans to draw maps that would ensure Republican control of three new House seats that the state is expected to add because of population growth, and two existing seats now held by Democrats. The delay in receiving census data “could be used in some states to game the redistricting process, by leaving less time for legal challenge,” Mr. Li said.“It used to be, for example, that Texas finished redistricting in June, which gave affected parties six months to litigate,” he said. “Now a map might not be approved until November, which gives you less time to gather evidence and expert testimony.”Students outside a coronavirus testing site at the University of Wisconsin-Madison this month. The pandemic complicated census counts on campuses across the country.Credit…Lauren Justice for The New York TimesSuits that challenge redistricting often involve complicated fact-finding about whether a state has engaged in racial gerrymandering (either packing Black and Latino voters into a small number of districts to limit the scope of their political power, or spreading them thinly so they cannot easily elect a candidate).Democrats could try to squeeze out a few more seats in states they control through gerrymandering. But outside of New York, where the Democratic-controlled Legislature has the power to reject maps drawn by an independent commission, the party has slimmer pickings, Mr. Li said.Some Democrats are more sanguine. Population shifts in fast-growing states like Texas are concentrated in Democratic-leaning cities and suburbs, making it harder to draw districts that dilute the party’s power, said Patrick Rodenbush, a spokesman for the party’s National Democratic Redistricting Committee.In North Carolina and Pennsylvania — which both have elected Democratic governors — State Supreme Courts have ruled that the Republican gerrymanders of the last redistricting cycle violate State Constitutions, raising a barrier to future distorted maps.And in other big states that Republicans controlled and gerrymandered a decade ago — Wisconsin, Michigan and Ohio among them — either Democratic governors or nonpartisan redistricting commissions place limits on overly skewed legislative maps.For other reasons, the delay in census totals has the potential to upend map drawing in Illinois and Ohio.Democrats control 13 of the 18 House seats in Illinois, in part because of gerrymandering. (The state’s total number could drop to 17 after the House is reapportioned this year.) But if final maps cannot be approved by Sept. 1, the Illinois Constitution shifts mapmaking power from the Democratic-controlled Legislature to a panel of four Democrats, four Republicans and one person randomly chosen from the two parties. Giving Republicans a say in map drawing would probably increase the share of seats they are likely to win.The same could be true in the State Senate, where Democrats now control 70 percent of the chamber’s seats, and in the State House, where they hold 60 percent of them. The Legislature is aware of the Constitution’s redistricting provision, and Democrats could try to address the issue, although how is unclear.“Illinois is an example of where the Legislature is talking about using old data to produce maps that are largely the same as they currently have — and letting people sue,” Ms. Feng, of Common Cause, said.The reverse applies in Ohio, where a 2018 referendum amended the State Constitution to hand congressional and state legislative map duties to a bipartisan commission. The same amendment returns redistricting duties to the Republican-dominated Legislature if the commission fails to approve political maps by Oct. 31, barely a month after the Census Bureau’s current estimate for finishing population calculations. Some experts said legal challenges to redistricting based on the Census Bureau’s delay seemed likely, from voters or candidates who would want to extend the period for drawing maps.“If the necessary data aren’t available at the time the law says the state redistricting must be done, then a court could relax the deadline,” said Nathaniel Persily, a Stanford law professor and co-director of the Stanford-M.I.T. Healthy Elections Project. In some states, courts granted similar pandemic-related extensions for deadlines related to balloting procedures in the November election, like voting by mail.The rationale is that “given extraordinary circumstances, we’re doing something different this time,” Mr. Persily said.The delay in receiving the census data could also cause the completion of map drawing to bump up against candidates’ filing deadlines in states like Virginia and New Jersey, which will hold elections for the State Legislature in November, as well as states with early 2022 filing deadlines for later primary elections.In Virginia, officials said, the delay raises the prospect of holding state legislative elections three years in a row — using old maps in 2022 if the new ones are not finished, using new maps in 2023 and conducting scheduled legislative elections in 2024.“Whenever this crazy process ends, election administrators have to deal with all these lines,” said Kimball W. Brace, a Washington-based redistricting consultant who usually works with Democratic politicians. “Precincts, voter registration systems — all of that is now in a shorter timetable.”Come Election Day, he said, “Either you’re ready, or you’re not.”AdvertisementContinue reading the main story More