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      Florida judge strikes down DeSantis-backed voting map as unconstitutional

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      A judge in Florida has ruled in favor of voting rights groups that filed a lawsuit against a congressional redistricting map approved by Ron DeSantis in 2022. Voting rights groups had criticized the map for diluting political power in Black communities.In the ruling, Leon county circuit judge J Lee Marsh sent the map back to the Florida legislature to be redrawn in a way that complies with the state’s constitution.“Under the stipulated facts (in the lawsuit), plaintiffs have shown that the enacted plan results in the diminishment of Black voters’ ability to elect their candidate of choice in violation of the Florida constitution,” Marsh wrote in the ruling.The ruling is expected to be appealed by the state, likely putting the case before the Florida supreme court.The lawsuit focused on a north Florida congressional district previously represented by the Democrat Al Lawson, who is Black. Lawson’s district was carved up into districts represented by white Republicans.DeSantis vetoed a map that initially preserved Lawson’s district in 2022, submitting his own map and calling a special legislative session demanding state legislators accept it. Judge Marsh rejected claims from Florida Republicans that the state’s provision against weakening or eliminating minority-dominant districts violated the US constitution.“This is a significant victory in the fight for fair representation for Black Floridians,” said Olivia Mendoza, director of litigation and policy for the National Redistricting Foundation, an affiliate of the National Democratic Redistricting Committee, in a statement.“As a result, the current discriminatory map should be replaced with a map that restores the fifth congressional district in a manner that gives Black voters the opportunity to elect a candidate of their choice.”In 2022, the Florida Legislative Black Caucus labeled the DeSantis-approved congressional map as voter suppression.The map resulted in Florida Republicans picking up four congressional seats in the state, increasing Republican representatives from 16 to 20 out of 28 seats and helping Republicans seal a slim majority in the House in 2022.Prior to the court decision, the state of Florida and voting rights groups that had filed the lawsuit reached an agreement that narrowed the scope of the lawsuit to focus on Lawson’s congressional seat, though there is still a separate lawsuit in federal court over the state’s congressional maps.The court decision is the latest ruling in the south against Republican-drawn congressional maps over concerns the redistricting reduced Black voting power.In June, the US supreme court overturned a Republican drawn map in Alabama and shortly after lifted a hold on a case involving redistricting in Louisiana, returning the case to a lower court, increasing the likelihood Louisiana will be required to create a second congressional district that empowers Black voters. More

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      Wisconsin lawsuit urges state to strike down Republican-drawn electoral maps

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      A day after Wisconsin supreme court justice Janet Protasiewicz took office, flipping control of the court to liberals, a coalition of legal groups in Wisconsin has filed suit to challenge the state’s electoral maps. It alleges that the state’s maps are gerrymandered and unconstitutional and aims to correct the partisan advantage Republican lawmakers have maintained in Wisconsin’s electoral maps for more than a decade.The complaint alleges that Wisconsin’s maps deny voters “equal protection and free association” rights and violate Wisconsin’s constitution, which calls for districts to consist of contiguous geographical territory.The lawsuit, filed at the state supreme court, asks the state to redraw the electoral maps for the state senate and assembly before the 2024 elections. The case also requests that state senators not up for reelection face a special election in 2024 after new maps have been drawn.If the court rules that Wisconsin’s maps are unconstitutional, Law Forward, a left-leaning law firm and one of the groups filing the lawsuit, “would be willing” to propose new maps, said Jeff Mandell, the group’s founder.States are tasked with redrawing their electoral maps every 10 years. In Wisconsin, the state legislature is responsible for drawing the legislative lines that shape political control of the state.In 2011, Republican lawmakers gathered behind the closed doors of a Madison law firm across the street from the state capitol, redrawing the state’s electoral maps and shifting millions of voters into new districts. The resulting maps, which were quickly signed into law by the former Republican governor Scott Walker, nearly guaranteed Republican majorities in both chambers of the state legislature.“In 2011, the legislature engaged in the most extreme version of gerrymandering that we possibly have ever seen,” said Mark Gaber, who manages redistricting litigation with Campaign Legal Center, one of the organizations signing onto the complaint. “The 2011 Republican legislature ensured that Wisconsin voters would never be able to change their minds.”A decade later, on 15 April 2022, the Wisconsin supreme court ruled in a 4-3 decision to adopt Republican lawmakers’ new maps, which further entrenched the party’s advantage in the state.In statewide contests, Wisconsin elections are typically competitive – the Democratic governor, Tony Evers, won the 2018 gubernatorial election by 1.1 percentage points, and was re-elected in 2022 by 3.4 percentage points. Presidential contests have been decided by similarly narrow margins in the last decade. In the state assembly and senate, though, Republicans have maintained large majorities since 2011. Currently, Republicans hold a majority in the assembly and a supermajority in the state senate.The legal groups filed the lawsuit on behalf of 19 voters, among them Denise Sweet, an Anishinaabe poet and Native Vote Manager with Wisconsin Conservation Voters, and Rebecca Clarke, a county supervisor from Sheboygan county. They argue that Wisconsin’s maps deprive their communities and constituencies of representation in the state legislature.In a statement, Evers called the complaint “great news for our democracy and for the people of our state whose demands for fair maps and a nonpartisan redistricting process have gone repeatedly ignored by their legislators for years”.Protasiewicz, who was sworn in to the supreme court on Tuesday after winning a closely watched election on 4 April, has criticized Wisconsin’s legislative maps as unfair and campaigned on the issue. In an interview with the Capital Times, the Madison newspaper, Protasiewicz said she “would enjoy taking a fresh look at the gerrymandering question”.This complaint is the first major voting rights case for Wisconsin’s new liberal majority on supreme court, which could decide more elections-related cases ahead of the 2024 elections.Wisconsin voters have tried to challenge the state’s gerrymander in the federal courts in the past. In a 2018 case brought by 12 Wisconsin voters, the US supreme court ruled that the court could not weigh in on the plaintiff’s claim that the entire map was gerrymandered, asking the plaintiffs to return with a case focusing on specific districts. In a separate ruling in 2019, the court ruled that partisan gerrymandering could not be adjudicated by federal courts. More

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      Ron DeSantis sued over bid to restrict voting rights for people with past convictions

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      A voting rights group in Florida filed a lawsuit against the rightwing governor and presidential candidate Ron DeSantis, saying his administration created a maze of bureaucratic and sometimes violent obstacles to discourage formerly incarcerated citizens from exercising their right to vote.Florida voters in 2018 overwhelmingly passed a constitutional referendum, called amendment 4, that lifted the state’s lifetime voting ban for people with felony convictions.Yet what ensued in the years since 2018 was an aggressive campaign, led by DeSantis, to sow confusion and fear among formerly incarcerated people. The Florida Rights Restoration Coalition (FRRC), which championed amendment 4, said state officials have continued to disenfranchise 1.4 million Florida residents – roughly a quarter of the state’s eligible Black voters.“Who is the public supposed to rely on to determine voter eligibility?” said the FRRC’s executive director, Desmond Meade. “We’re saying that it is the responsibility of the state. The law says it is the responsibility of the state.”DeSantis appears to disagree. The lawsuit, resubmitted on Friday by the FRRC, comes a year after the Florida governor ordered the arrests of dozens of people who participated in the 2020 election, including people who had been issued voter registration cards from the Florida department of state.“If the state dropped the ball by incorrectly verifying these people’s eligibility to vote, before you take someone’s liberty, they should fix their broken system,” Meade said.In 2019, Florida lawmakers passed a controversial bill requiring people with felony convictions to repay all outstanding debts before having their voting rights restored under amendment 4. But the state has no centralized database that records how much each individual person owes in court fines. Each county clerk’s office has a different method of calculating the amount of money that a formerly incarcerated person owes the state, complicating the process of paying off fines.“So you’re telling people that you have to pay your debt before you’re able to vote,” said Meade. “But there’s no guarantee that the state could even tell them exactly what they owe?”The lawsuit said this system, in which local and state election officials cannot be trusted to dole out accurate information about voter eligibility, is part of an intentional, state-sponsored campaign to dismantle amendment 4.“This is not simply the result of administrative failures or bureaucratic ineptitude,” the complaint reads.According to documents shared with the Guardian, the FRRC repeatedly contacted the state election officials between 2018 and today, offering potential solutions to streamline the process of registering voters.When the Florida department of state declined to hire additional staff to tackle a mounting backlog of voter registration applications from formerly incarcerated people, the FRRC offered to shoulder the costs. The advocacy group could identify and reach out to people whose court fines had been paid, easing the state officials’ workload.The state’s response has been lukewarm. Efforts to establish a public-private partnership have been slow to advance over five years.“We’ve had three different secretaries of state since the passage of amendment 4, each with different staff,“ said the FRRC deputy director, Neil Volz. “We still have not seen this become a priority.”Natalie Meiner, a spokeswoman for the Florida department of state, said: “The department does not comment on pending litigation.”The FRRC said it was still in talks with the state department.“We just want the state to do its job,” said Volz.The lawsuit is a last-ditch attempt to make accurate voter registration a priority for elected officials. But they worry that, without court intervention, state officials will keep amendment 4 in holding pattern, rejecting offers of assistance.Volz wants people who had their voting rights restored under amendment 4 vote in the 2024 presidential election without fear of prosecution. But the memory of last year’s arrests, announced by DeSantis just days before the 2022 primary elections in Florida, is still fresh in the minds of millions of Florida residents.Romona Oliver was driving home from work last August when she saw a group of Florida law enforcement officers in her driveway.“She was upset, and asked what she was being arrested for, and they’re telling her voting fraud,” said her attorney, Mark Rankin.Shortly after taking her case, Rankin learned that Oliver had submitted a voter registration application before the 2020 election. The state approved her application and sent her a voter registration card.“She even went to the DMV at a later date to change her driver’s license because she got married, and the state issued her a second voter registration card in her new name,” said Rankin “So now she’s been basically told twice that she’s eligible to vote.”The government had made a mistake. Oliver was ineligible to vote because she was convicted of second-degree murder in 2000 – amendment 4 does not restore the rights of people convicted of murder or felony sex offense.Prosecutors offered Oliver a plea deal of “no contest” to the charge of voter fraud.The other felony charge against Oliver was dismissed. She agreed to spend time in county jail on the day of her arrest. The court fines were waived.“So basically, you just let her walk away to make it go away,” Rankin said. “But because she pleaded no contest, they were able to have what they wanted, which was a newspaper headline that says, ‘local defendant accepts plea deal,’ which I think is the point of all this.”FRRC leaders said the highly publicized arrests were the final step in a complex scheme of voter intimidation designed by the DeSantis administration.Millions of Florida residents, including the plaintiffs in the new lawsuit, watched as people like Oliver were taken away in handcuffs just days before the 2022 midterm elections in Florida. The videos of arrests were a grim warning of what might happen to individuals who misunderstand the parameters of amendment 4.“Those videos showed me that even if you honestly believe you are able to vote, they can arrest you anyway,” said Rhoshanda Bryant-Jones, one of the four individual plaintiffs in the case.Bryant-Jones was convicted over a decade ago for narcotics-related crimes. Since her release from prison, she recovered from substance abuse issues and created a small business that helps other people battle addiction.“I am not willing to risk my freedom, and all that I have accomplished,” she said. “Even though the day I thought I had my rights restored by amendment 4 was one of the great blessings of my life.”By raising the specter of arrest, DeSantis sent a message to Bryant-Jones and all other Florida residents who might have had their rights restored under amendment 4: don’t bother trying to understand if you’re eligible to vote, the risks are not worth it.Most of the August 2022 arrests follow a similar pattern: voters had assumed that they were eligible to vote because election officials had told them so.If Oliver had rejected the plea deal, prosecutors would need to prove that she somehow knew the government had erred by approving her voter registration application.“But it doesn’t really matter if you ultimately prove that you didn’t violate the law because you had no idea you were ineligible to vote,” said Blair Bowie, an attorney at the Campaign Legal Center who specializes in restoring voting rights for people with felony convictions.Most of the people who DeSantis targeted, like Oliver, do not have the financial resources to fight a prolonged legal battle, so they opted for a plea deal.“And you have to remember that these are people who have already been through the wringer of the criminal legal system and really, really don’t want to go back to prison,” Bowie said.“This organized push to arrest people who seem to clearly have made good faith mistakes,” Bowie added. “It is something I don’t think we’ve seen at this scale since the end of the civil rights era.” More

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      Revealed: Florida Republicans target voter registration groups with thousands in fines

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      Florida Republicans have hit dozens of voter registration groups with thousands of dollars of fines, the latest salvo in an alarming crackdown on voting in the state led by Governor Ron DeSantis.At least 26 groups have cumulatively racked up more than $100,000 in fines since September of last year, according to a list that was provided by Florida officials to the Guardian. The groups include both for-profit and nonprofit organizations as well as political parties, including the statewide Republican and Democratic parties of Florida.The fines, which range from $50 to tens of thousands of dollars, were levied by the state’s office of election crimes and security, a first-of-its-kind agency created at the behest of DeSantis in 2022 to investigate voter fraud. Voter fraud is extremely rare, and the office has already come under scrutiny for bringing criminal charges against people who appeared to be confused about their voting eligibility.Election watchdogs worry the new policies could have a chilling effect on engaging voters. There has already been a drop in voter registrations this year compared with 2019 – the last full year leading into a presidential election, according to Daniel Smith, a political science professor at the University of Florida. Through 1 June of this year, 2,430 new registrations had come from third-party voter registration organizations, he said. That’s on pace to be a sharp decrease from the 63,212 new voter registrations third-party groups submitted by the end of 2019.A crackdown on third-party voter registration groups is also likely to disproportionately affect Floridians of color, who are about five times more likely to register with third-party groups than white voters are.“The message is clear, [third-party voter registration organizations] are an endangered species in Florida. And it affects this population disparately,” said Smith, who has been retained by the plaintiffs challenging the voter registration restrictions in federal court.“When you start to ratchet down the ability for groups and their first amendment rights to petition … government by getting people registered to vote, you are going to affect that overall population of registered voters.”A ‘gross misapplication’ of the lawIn mid-May, the non-profit Hispanic Federation received a letter from the office of election crimes and security notifying it that it was being fined $7,500. Fifteen of the applications it collected were submitted to the wrong county – Polk county, in central Florida, when the voters lived elsewhere. Those 15 applications represented a tiny sliver of the more than 16,500 voter registration applications the group collected in 2022 but still resulted in a fine.Through a public records request, the Guardian reviewed several of the applications the Hispanic Federation submitted that were flagged for fines. In nearly all of them, the voter incorrectly wrote on their own applications that they lived in Polk county. In many cases, the address they listed was just over the county line in Osceola county.One voter lived just 300ft from the county line, which cut through his neighborhood. Another lived just 660ft from the county line. At least 10 voters lived within three miles of the county boundary, according to a Guardian analysis.The Hispanic Federation agreed to pay the fine, but wrote a letter to the state saying it “strongly disagreed” with the penalty and called it a “gross misapplication” of the law. The amount of $7,500 could pay the salary of about a dozen canvassers for a week, who could probably register between 350 and 400 people, the group said. The fine essentially meant that mistakes on 15 applications would make it harder to register hundreds of new voters.“Despite our good faith efforts, professionalism, and due diligence, we cannot eliminate some applications from being processed with errors as we have not been given access to an official mechanism to verify the information of each applicant – which is, in any case, not our role,” the group wrote in June.“There is no claim that we intentionally misrepresented, nor is there a claim that we diverted, such registrations from the correct county or that we held on to the registrations beyond the required period in which they were to be delivered.”The Florida department of state, which oversees the office of election crimes and security, did not return a request for comment.Frederick Vélez III Burgos, the Hispanic Federation’s national director of civic engagement, said in an interview that until the recent change in the law, the group would not have been fined. In 2021, the GOP-controlled legislature tweaked state law to require groups to turn in voter registration forms to the county where the prospective voter lived (they previously could turn them in anywhere). The lawmakers imposed steep fines for non-compliance – $500 for each form that was turned in at the wrong place.The change came after election officials complained that voter registration groups were bombarding them with applications for people outside their counties. Though the election officials could register voters regardless of where they lived, it created extra work around elections. “What would happen is [the groups] would kind of bomb different counties with a whole bunch of them. So the workload wasn’t fairly distributed,” said Lori Edwards, who serves as the supervisor of elections in Polk county.While that could cause a headache for election officials, Edwards said, “it is not among the worst offenses that third-party voter registration organizations can do.” Far worse, she said, is when groups wait too long to turn in voter registration applications until after the registration deadline, thus disfranchising the voters.skip past newsletter promotionafter newsletter promotionIn 2022, the state legislature raised the maximum amount a group could be fined from $1,000 to $50,000. Earlier this year, it raised the cap again, to $250,000, and shortened the amount of time groups have to turn in the forms after they are filled out from 14 days to 10. Each late application carries a $50 fine. Republicans also banned non-citizens from collecting applications and barred voter registration groups from collecting contact information from people who they register, making it harder to follow up with them later (a federal judge blocked both of these provisions this month).Two groups have accounted for more than $70,000 of the fines. Hard Knocks Strategies LLC – a for-profit election canvassing organization – has been fined $47,600 since last year for turning in forms late and to the wrong county. And Poder Latinx was fined $26,000 for turning in 52 voter registration applications to the wrong county.“We’re a small voter registration organization with a long history of playing by all the rules. We had to pay the penalties in Florida to avoid even costlier litigation, but paid them without admission of wrongdoing,” Hard Knocks Strategies said in a statement.“Are voter registration organizations on the right being targeted as aggressively and frequently in Florida as those seeking to register voters of color and other underrepresented communities? Given Governor DeSantis’ track record, that question may be rhetorical.”‘I would be allowing the system to win’After getting fined, activists in Florida say they are determined not to let the penalties deter them from continuing to sign up voters.Rosemary McCoy, who runs a small non-profit called Harriet Tubman Freedom Fighters, was fined $600 for turning in a dozen applications late. She said her group does quality control on the applications it collects, reviewing the forms to make sure that they are complete and don’t have errors. If there’s a problem it can take a while to track down the applicant.McCoy said she plans to pay the fine, but it’s money that would have otherwise gone to provide stipends or a gas subsidy for volunteers.“That’s a hefty fine,” she said. “The purpose of these fines is to stop us, stop us from registering people … Someone has to get out there and register people and that’s what we do.”Regina Jackson, a Jacksonville pastor, received a notice in May that she was being fined $50 for turning in a voter registration form late. And while she wasn’t fined for it, the letter also said that the application didn’t have a mark noting the group that had collected it and the date printed in triplicate. Jackson said she had inquired about the specific form before she turned it in with the election office and had been advised it was acceptable.Jackson considered stopping registering voters altogether after receiving the letter, but had since reconsidered.“I was like, ‘You know what – I’m not doing this any more,’ she said in May, just after she got the letter. “Then I thought, ‘I would not only be hurting my community but I would be allowing the system to win.’” More

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      North Carolina voting rights ‘still in five-alarm fire’ despite supreme court ruling

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      The US supreme court ruled in favor of North Carolina voting rights groups last week, which celebrated with one breath and with the next condemned the new election laws and political maps being pushed by the state’s Republican-controlled legislature.“We are still in a five-alarm fire here in North Carolina,” said Gino Nuzzolillo, campaign manager for the state’s Common Cause branch, which was one of the plaintiffs that won in the case the supreme court ruled on.North Carolina Republicans, including Tim Moore, the speaker of the state’s house of representatives whose name is on the case, Moore v Harper, had asked the supreme court to take up a highly controversial legal theory that would have given him and legislators around the country immense power over setting state-level federal election laws.Even though the high court rejected that theory in a 6-3 vote, preventing a nationwide shift in checks and balances over writing election laws, North Carolina’s Republican legislators can already act largely unchecked by the other branches of state government. They have a veto-proof supermajority in the state legislature and the now Republican-controlled state supreme court signaled it would not act as a check on legislative power, including by taking the rare step to reverse two recent decisions by the previously Democrat-controlled court to re-allow partisan gerrymandering and require voter ID.Moore v Harper originated in state court as a partisan gerrymandering case, and as part of that litigation state courts put temporary maps in place for the 2022 elections. In a statement about the supreme court decision, Moore confirmed that the legislature will draw new maps.“We will continue to move forward with the redistricting process later this year,” Moore said.North Carolina is the only state where the governor cannot veto election maps drawn by the legislature, meaning that not even split-party leadership of the executive and legislative branches is a check on gerrymandering.For voting rights groups in North Carolina, this political reality makes the supreme court’s other voting rights decision this term that much more important. In Allen v Milligan, a case out of Alabama, the court rejected arguments from Republicans to do away with another part of the 1965 Voting Rights Act. This leaves an open lane to sue in federal court to overturn maps that dilute the voting power of racial minorities.Even with the victories in these two cases, federal judicial protections for voting rights are still the weakest they’ve been since at least 2013, when the supreme court crippled the Voting Rights Act. Still, voting rights groups are celebrating these two rulings because they preserve what legal tools are left at the federal level to protect the significant gains in voting access and fair representation since the civil rights era.What’s nextMoore and his Republican colleagues are working on three election bills, which they have enough votes to pass and overturn a likely veto from the Democratic governor, Roy Cooper, as long as no Republicans defect.S747 is an omnibus election bill that would make wide-ranging changes to voter access, including requiring all same-day registration voters to cast provisional ballots and changing the deadline for mail ballots.S749 would change the structure and powers of state and county boards of elections, making them deadlocked between parties, rather than having a majority vote favoring the party in control of the governor’s mansion, as it is now.H772 would change rules around poll observers, including the possible criminalization of elections officials who are found to interfere with observers.In the fall, the legislature will turn its attention to redistricting maps for seats in the US House of Representatives. North Carolina is a purple state, currently controlled by a Democratic governor but with a Republican supermajority in the legislature. Under the current map, North Carolina sent seven Democrats and seven Republicans to Congress.The redrawn map this fall will probably look similar to the map Republicans first proposed in 2021, which would likely have given Republicans a 10-4 advantage, according to Western Carolina University political science professor Chris Cooper. He testified as an expert witness for Common Cause in state court that the congressional map, as well as the state map’s counterparts, were partisan gerrymanders.He anticipates that Democratic representatives Jeff Jackson, Kathy Manning and Wiley Nickel will have their districts redrawn to favor Republican candidates.Leaders from Common Cause and the North Carolina League of Conservation Voters, both groups that sued the state and won in the Moore v Harper case, said they oppose all three bills and will oppose redistricting that dilutes the votes of political or minority groups.Public polling by the Associated Press showed that a majority of people in both parties see gerrymandering as a major problem, and research shows it is a key driver of political polarization and protecting politically extreme candidates.Neither Moore nor Ralph Hise, chair of the state senate’s redistricting and elections committee, responded to emailed questions about how the public can participate in legislative action around the election bills or redistricting, about whether the legislature will consider racial data for redistricting or about limiting partisan bias in drawing maps.skip past newsletter promotionafter newsletter promotionIn 2021, North Carolina Republicans wrote rules that they could not consider racial data when drawing political maps. At the time, the Southern Coalition for Social Justice (SCSJ), whose attorneys represented Common Cause in the Moore litigation, argued they should have used racial data for fair representation.In light of the Allen v Milligan ruling, the coalition’s senior voting rights lawyer, Hilary Harris Klein, said the legislature will have to consider racial data this time or be in violation of federal law.Using racial data, or not, will be a key point in the development of possible federal litigation to challenge discriminatory maps. Klein stressed that the SCSJ will advocate for equitable maps during the drawing process because the organization does not want to resort to litigation.Weakness of democratic institutionsNorth Carolina Republicans have a long history of passing racially and politically discriminatory voting maps and election laws, according to several federal and state court judgments since 2013.Since 2016, voting rights groups have been able to turn back some of those laws with a Democratic-majority state supreme court. But as of 2022, Republicans control the court, and will at least until 2028.“The state courts are probably a closed avenue to any further vindication of voter’s rights under the state constitution,” Nuzzolillo said.Relying on federal courts has been made increasingly difficult by the US supreme court under its chief justice, John Roberts.“The court in the last 10 years has done extraordinary damage to democratic institutions,” said Carolyn Shapiro, professor at the Chicago-Kent College of Law. She wrote a brief to the supreme court in the Moore v Harper case supporting the voting rights groups.She points to the 2013 Shelby county decision, in which Roberts wrote the opinion to strike down the preclearance section of the Voting Rights Act and allowed states to immediately pass laws aimed at voter suppression. In the Abbott v Perez and Rucho v Common Cause cases from 2018, the court made it harder to win racial gerrymandering cases and impossible to bring political gerrymandering cases in federal courts. Then, in 2021, in Brnovich v DNC, the court made it harder to bring vote denial claims, which are the claims voting rights groups could try to bring against the election laws that North Carolina’s legislature is currently considering.The reason voting rights groups saw this year’s rulings as huge victories was because expectations were so low, Shapiro said.That Moore v Harper and Allen v Milligan were even taken up is an aberration from the historically typical strategy of the supreme court, showing how far the court and political thinking has shifted, according to Rick Su, a law professor at the University of North Carolina.The rulings mainly kept precedent in place rather than adding any rights or protections, Su said. That responsibility would fall to Congress.“We held the line,” Klein said. “In this climate, that is a huge win.” More

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      The US supreme court has dismantled our rights but we still believe in them. Now we must fight | Rebecca Solnit

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      The first thing to remember about the damage done by the US supreme court this June and the June before is that each majority decision overturns a right that we had won. We had won a measure of student debt relief thanks to the heroic efforts of debt activists since 2011. We had won reproductive rights protection 50 years ago with Roe v Wade, and we won wetlands protection with the Clean Water Act around the same time. We had implemented affirmative action, AKA a redress of centuries of institutionalized inequality, step by step, in many ways over the past 60-plus years. We had won rights for same-sex couples and queer people in a series of laws and decisions.What this means is that the right wing of the US supreme court is part of a gang of reactionaries engaging in backlash. It also means we can win these things back. It will not be easy, but difficult is not impossible. This does not mean that the decisions are not devastating, and that we should not feel the pain. The old saying “don’t mourn, organize” has always worked better for me as “mourn, but also organize”. Defeat is no reason to stop. Neither is victory a reason to stop when victory is partial or needs to be defended. You can celebrate victories, mourn defeats and keep going.Each of those victories was hard-won, often by people who began when the rights and protections they sought seemed inconceivable, then unlikely, then remote, and so goes the road of profound change almost every time. To win environmental protections, the public had to be awakened to the interconnectedness, the vulnerability and the value of a healthy natural world and our inseparability from it. To win marriage equality for same-sex couples and equal protection for queer people involved changing beliefs, which was achieved not just by campaigns but by countless LGBTQ+ people courageously making themselves visible and audible in their communities.To recognize the power of this change requires a historical memory. A memory of rivers catching fire and toxic products being dumped freely in the 1960s. Of laws and guidelines treating queer people as criminal or mentally ill or both in ways that terrorized them and made them largely invisible to the public eye. Of women dying of or damaged by illegal abortions or leading the bleak lives to which unwanted pregnancies consigned them. Of the way the Ivy League universities in particular were virtually all white and all male into the 1970s. Of how inequality was so normalized that first people had to see and believe that women and Bipoc people should have equal rights and access to and a role in the places of power that decide the fate of each of us, the nation and the world. All that changed – not enough, of course, but a lot.Memory is a superpower, because memory of how these situations changed is a memory of our victories and our power. Each of these victories happened both through the specifics of campaigns to change legislation but also through changing the public imagination. The supreme court can dismantle the legislation but they cannot touch the beliefs and values. We still believe in these rights. We still recognize the harm and the destruction they were meant to prevent. If you didn’t believe that equal access and rights were wrong yesterday or last year, you don’t have to believe it now. Not just because those rights were denied by six justices, at least four of whom are so utterly corrupt in how they got their seats or what they’ve done while seated that they should be forced to resign.Last year’s attack on reproductive rights has produced its own backlash, with many states working to protect those rights, many elections seemingly pivoting on voter outrage about the Republican party’s brutality toward and hatred of women, and Republicans scurrying away from their own achievement and its hideous impacts. If the Republican party deserves admiration for anything, it’s for their long view, understanding of strategy and tenacity.The building up of an illicit rightwing supreme court took many years, and took fundamentalist Christians holding their noses to vote for Donald Trump because they understood that meant getting the justices to overturn Roe v Wade. It meant building power from the ground up to take state legislatures to gerrymander electoral maps and sticking vicious clowns like Jim Jordan into bizarrely tailored districts. It meant chipping away at voting rights, achieved in part by the supreme court’s attack on the Voting Rights Act in 2013 and its 2010 Citizens United decision that let a filthy tsunami of corporate dark money into electoral politics, thereby overturning two of its own earlier decisions.While each of the issues under attack need their own campaigns, voting rights and free and fair elections are crucial to all of them. Don’t forget that the only reason we have such a conservative government, including the supreme court, is voter suppression. If we truly had equal access to the ballot, American voters would choose more progressive candidates and pass more progressive legislation. That’s why what the public wants, believes and values so often differs from what the politicians chosen by dark money and voter suppression give us.One of the striking features of recent years is the baldfaced Republican effort to prevent Black people in particular, but also young, poor and other non-white demographics from voting. Baldfaced because it acknowledges that they are unpopular and that they’ve given up the goal of being in power because they represent the majority. As they become more marginalized through their own extreme and unpopular views, they have to use more extreme means – now including trying to steal and overturn elections – to hold onto power.This is as true of climate action as anything else: a new Yale 360 poll shows that “57% of registered voters support a US president declaring global warming a national emergency if Congress does not take further action” and “74% support regulating carbon dioxide as a pollutant.” The problem isn’t the people. It’s the power, and history shows us that when we come together with ferocious commitment to a shared goal we can be more powerful than institutions and governments. The right would like us to feel defeated and powerless. We can feel devastated and still feel powerful or find our power. This is not a time to quit. It’s a time to fight.
      Rebecca Solnit is a Guardian US columnist. Her most recent books are Recollections of My Nonexistence and Orwell’s Roses More

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      Georgia elections official downplays cybersecurity threats despite report

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      Georgia’s top election official is disregarding a recently released report that identifies serious vulnerabilities in Georgia’s computerized election system, instead siding with a conflicting report and claiming that scientific findings about cybersecurity threats are no more than conspiracy theories.The Georgia secretary of state, Brad Raffensperger, charged with overseeing elections, announced that despite the report’s findings, he will not update software to protect against the vulnerabilities before the 2024 presidential elections.The dueling reports were released by a federal court as part of a lawsuit. One, a 96-page report prepared by J Alex Halderman, and Drew Springall, computer science professors at the University of Michigan and Auburn University, respectively, is based on tests of the equipment used in the increasingly important swing state. The report, which had been sealed for two years by the court, found “vulnerabilities in nearly every part of the system that is exposed to potential attackers” which could allow votes to be changed, potentially affecting election outcomes in Georgia, according to a summary by Halderman.The other was prepared by Mitre, a research and development company, and paid for by Dominion Voting Systems, manufacturer of the state’s electronic voting system. Mitre did not have the same access to test Georgia’s voting equipment, and claimed the vulnerabilities are unlikely to be exploited on a wide scale.In justifying his decision not to update the state’s voting system, Raffensperger pointed to the Mitre report, which says the potential attacks Halderman identifies are “operationally infeasible”.Halderman called Raffensperger’s decision not to address the system’s vulnerabilities “irresponsible and wrong”. Raffensperger has made several statements in recent weeks calling the computer scientists’ conclusions “theoretical and imaginary”, and conflating their warnings with “Stop the Steal” efforts post-2020 – leading Halderman to label the state’s officials as “vulnerability deniers”. Computer scientists from many of the US’s leading universities signed a letter decrying the standoff, and urging Mitre to retract its report.The scenario lands Georgia in a situation where top computer scientists and Trump-aligned election deniers appear to be sharing the same or similar concerns, even while one relies on groundbreaking research, while the other has been discredited by courts and election officials alike.US district judge Amy Totenberg had sealed the Halderman report since 2021 because of cybersecurity concerns, as part of a lawsuit that started before the most recent presidential election and rise of election deniers. But an agreement was reached earlier this month to release a redacted version, together with the Mitre report.Halderman, who has researched digital elections equipment for decades, said court-ordered access to Georgia’s election equipment, manufactured by Dominion, allowed them to do “the first study in more than 10 years to comprehensively and independently assess the security of a widely deployed US voting machine, as well as the first-ever comprehensive security review of a widely deployed ballot marking device”.“The most critical problem we found,” Halderman wrote, is a “vulnerability that can be exploited to spread malware from a county’s central election management system to every ballot-marking device in the jurisdiction. This makes it possible to attack the ballot-marking devices at scale, over a wide area, without needing physical access to any of them.”Mitre’s countering report not only lacks any testing of voting machines, it also relies on a key premise, stated in a footnote on the first page: that no one besides election workers have access to the state’s voting hardware and software.But records obtained by the Coalition for Good Governance – the group behind the ongoing lawsuit against Georgia’s election system – show that people associated with the effort to deny the 2020 election results visited rural Coffee county’s election department in early 2021, and the Trump attorney Sidney Powell was able to copy Dominion software and other data. These records, including surveillance video, were reported by the Washington Post and are now under investigation by the Georgia bureau of investigation (GBI).The Coffee county security breach and other issues led a group of 29 computer scientists from MIT, Harvard, Yale, Stanford, Princeton, Georgia Tech and other US universities to write a letter last week urging Mitre to retract its report, calling the company’s conclusions a “dangerously misleading analysis”.“Mitre embarrassed themselves,” Richard DeMillo, a computer science professor at Georgia Tech and one of the letter’s signers, told the Guardian. The report is “based on representations from the secretary of state about physical security, when right before our eyes, we can see video of people marching into Coffee county’s election department”.Mike Hassinger, a spokesperson for Raffensperger, pointed to the GBI investigation when asked about the Coffee county incident and whether people other than election workers can access voting equipment.skip past newsletter promotionafter newsletter promotionHassinger also said that the “vulnerabilities identified in a lab are not real vulnerabilities, and do not pose risks” to the state’s election system. But DeMillo, who has worked in cybersecurity at Hewlett-Packard and the US Department of Defense, said: “If Alex Halderman can discover the system’s vulnerabilities, then nation states like North Korea and Russia can as well.”DeMillo has testified as part of the lawsuit, now in its sixth year. In 2019, the Coalition for Good Governance’s efforts led Judge Totenberg to order the state to scrap its previous statewide computer election system, made by Diebold Election Systems, due to vulnerabilities – a first in election integrity court cases. Diebold no longer makes voting machines, and coalition plaintiffs have continued their efforts to force the state to use paper ballots filled out by hand for voting instead of touchscreens, as is done by nearly 70% of voters across the US, with computers available for people with disabilities.“Ballots filled out by pencil and paper are non-hackable,” said Marilyn Marks, executive director of the coalition. Georgia’s current system prints out a ballot after voters use touchscreens, and the ballot has a barcode that scanners read to record each voter’s choices.In the months leading up to Georgia’s 2019 decision to change its election system to Dominion’s machines, a committee formed to advise the state on the decision ignored the recommendations of its lone computer scientist, Georgia Tech’s Wenke Lee, who urged the state to move to paper ballots marked by hand.But the state ignored the recommendations and purchased machines from Dominion, another digital system, instead. “You can see that pattern of negligent, vulnerability denialism – of not facing facts,” Halderman said.In a statement released on 20 June, Raffensperger said that “critics of Georgia’s election security” are probably either “election-denying conspiracy theorists or litigants in the long-running … lawsuit. These two groups make ever-shifting but always baseless assertions that Georgia’s election system is at risk because bad actors might hack the system and change the result of an election.”The statement conflates conspiracists like Cyber Ninjas – the now-defunct company that performed discredited “audits” in Arizona after the 2020 presidential election – with cybersecurity experts who have decades of research to their names at leading universities. Asked about the researchers’ claims, Hassinger dismissed the line of inquiry as an “appeal to authority fallacy” and said in an email that “election denialism comes in many forms”, again conflating researchers with conspiracists.Halderman told the Guardian he found Raffensperger’s 20 June statement “offensive”.“Can they actually not tell the difference?” he asked. “Are they so incompetent? Scientists can’t sit quietly while a state like Georgia continues to ignore these issues.” More

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      in US Politics

      White House condemns McCarthy for impeachment threats against Merrick Garland – as it happened

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      From 5h agoAs he looks to promote his economic record and turn around negative public approval ratings, Joe Biden announced his administration would work to get all Americans access to low-cost high-speed internet by 2030.“We’re announcing over $40bn to be distributed to 50 states, Washington DC and territories to deliver high speed in places where there’s neither service or it’s too slow,” the president said.“Along with other federal investments, we’re going to be able to connect every person in America to reliable high-speed internet by 2030.”He compared his administration’s push to the rural electrification campaign of Democratic icon Franklin Delano Rosevelt in the 1930s.“Today, Kamala and I are making an equally historic investment to connect everyone in America, everyone in America to … affordable high speed internet by 2030. It’s the biggest investment in high-speed internet ever, because for today’s economy to work for everyone, internet access is just as important as electricity or water, or other basic services.”Joe Biden eased into his re-election campaign with the announcement of a nationwide push to expand high-speed internet, and plans for a speech on “Bidenomics” set for Wednesday. The president’s idea is to campaign for another four years in the White House not with promises of new policies, but rather with a reiteration of the proposals that got him elected in the first place. Meanwhile, Republican House speaker Kevin McCarthy signaled an openness to impeaching the US attorney general, Merrick Garland, if the US attorney involved in prosecuting Hunter Biden doesn’t speak to the judiciary committee. The House is on recess for the next two weeks or so, but we’ll keep an eye on if that goes anywhere.Here’s what else happened today:
      A White House spokesman condemned McCarthy for threatening to impeach Garland.
      The supreme court ordered Louisiana to draw a new majority-Black congressional district as the fallout from a recent decision concerning the Voting Rights Act continues.
      A top Democratic senator thinks the supreme court’s conservatives know they’ve gone too far.
      The Biden administration plans yet another aid package for Ukraine, while the president said the US had “nothing to do” with the attempted mutiny in Russia over the past weekend.
      There is yet another balloon over Montana, but it’s not suspicious, Norad says.
      The Guardian’s Hugo Lowell reports that Aileen Cannon, the judge overseeing Donald Trump’s trial in Florida on charges of conspiring to store classified documents at his Mar-a-Lago resort, denied a request from the justice department to keep its witness list secret:The justice department can appeal the decision. The decision is one of several expected in the pretrial motions before the start of the proceedings, which are currently scheduled for the middle of August but likely to change.Appointed to the federal bench by Trump, Cannon faced criticism for decisions made in the case prior to his indictment that some analysts saw as partial to the former president.White House spokesman Ian Sams has released a statement criticizing Republican House speaker Kevin McCarthy for threatening to impeach the US attorney general, Merrick Garland.Here’s what Sams had to say:
      Speaker McCarthy and the extreme House Republicans are proving they have no positive agenda to actually help the American people on the issues most important to them and their families. The President and his entire Administration are spending this whole week traveling the country to talk about the important economic progress we have made over the last two years – creating more than 13 million jobs as we’ve sparked the strongest recovery of any country in the world – and laying out the Biden plan to put the middle class ahead of those at the very top. Perhaps Congressional Republicans are desperate to distract from their own plan to give even more tax cuts to the wealthy and big corporations and add more than $3 trillion to the deficit, but instead of pushing more partisan stunts intended only to get themselves attention on the far right, they should work with the President to actually put the middle class and working Americans first and expand the historic progress to lower costs, create jobs, boost U.S. manufacturing and small businesses, and make prescription drugs more affordable.
      There is, once again, a balloon flying over Montana – but it’s not a spy balloon, Norad assures us.The US-Canadian air defense force, whose name is an acronym for North American Aerospace Defense Command, says it is aware of the balloon, but does not regard it as suspicious:There is, of course, a political angle to this. Matt Rosendale, a Republican senator from Montana, earlier today attempted to use the balloon’s presence to attack the Biden administration:Joe Biden’s approval rating has seen a slight uptick in recent weeks, but is still pretty bad, Gallup reports.In a survey conducted on 1-22 June, Gallup reports the president’s approval is at 43%, up from the 37% low that his presidency hit in April. That’s not a particularly high rating at all, and the survey also found 54% of American adult respondents disapproved of his job performance.The last time Biden’s approval was above 50% was in July 2021 – before the chaotic US withdrawal from Afghanistan and the Delta wave of Covid-19 that led many Americans to again don masks and avoid large gatherings. Another factor that pushed Biden’s approval lower and kept it there was the wave of inflation that intensified throughout 2021 and 2022, forcing Americans to pay higher prices for essentials like gasoline and food.According to NBC News, “five or six” US Secret Service agents have now testified before the January 6 grand jury.NBC cited two unnamed sources “familiar with testimony”.The special counsel Jack Smith’s investigation of the deadly attack on the US Capitol on 6 January 2021 is a source of further legal jeopardy for Donald Trump.Twice indicted already, the former president and current Republican frontrunner is widely believed likely to face further indictment by Smith, who has already handed down charges over Trump’s handling of classified information.NBC said: “While the exact content of their subpoenas and appearances is not known, Secret Service agents who were close to Trump on January 6 may be able to confirm, deny or provide more details on a story first told by former White House aide Cassidy Hutchinson to the … January 6 committee in Congress.“One year ago, Hutchinson told the committee she heard secondhand that Trump wanted Secret Service agents to drive him to the Capitol to join the rioters, tried to grab the car’s steering wheel and then reached for the ‘clavicles’ of the driver, Secret Service agent Bobby Engel. Trump later denied this account.”NBC also notes that agents may have been asked about what the agency knew and discussed leading up to and during the January 6 attack, in which Trump supporters sought to stop certification of Joe Biden’s election win.NBC said the agents who have testified could “inform the grand jury about the extent to which Trump knew about the potential for violence on January 6 and how he responded to threats made against then-Vice President Mike Pence”.Pence is now a competitor for the Republican presidential nomination.Joe Biden was asked earlier, by the Fox News White House correspondent Jacqui Heinrich, if he had ever lied about ever speaking to his son, Hunter Biden, about his business dealings (the subject of Republican attacks passim, and current musings about impeaching the attorney general, Merrick Garland).The president said: “No.”Video is here.Joe Biden has marked the concurrent anniversaries of three supreme court rulings which affirmed the right to same-sex marriage – a right some observers think will soon come under threat from a conservative-dominated court which removed the right to abortion.The president said: “Ten years ago today, the supreme court rulings in United States v Windsor and Hollingsworth v Perry made significant strides laying the groundwork for marriage equality in our country. They were followed two years later, to the day, by the ruling in Obergefell v Hodges, finally allowing millions of LGBTQ+ Americans to marry who they love.“These monumental cases moved our country forward, and they were made possible because of the courageous couples and unrelenting advocates in the LGBTQ+ community who, for decades, fought for these hard-won rights.“Last year, I was proud to build on their legacy by signing into law the Respect for Marriage Act … surrounded by many of the plaintiffs from these cases. But more work lies ahead, and I continue to call on Congress to pass the Equality Act, to codify additional protections to combat the increased attacks on the rights and safety of those in the LGBTQ+ community.”Further reading:Fox News announced earlier that Jesse Watters will move into the 8pm prime-time weeknight slot formerly filled by Tucker Carlson.Announcing the full shake-up, Suzanne Scott, chief executive of Fox News, said: “The unique perspectives of Laura Ingraham, Jesse Watters, Sean Hannity and Greg Gutfeld will ensure our viewers have access to unrivaled coverage from our best-in-class team for years to come.”Here’s some (possibly) unrivaled coverage of Watters’ many unique perspectives over the years, from the progressive watchdog Media Matters for America.It’s a long list, so I’ll just link to it here while listing the subheadings provided:In his own statement, the Media Matters president, Angelo Carusone, explained his group’s view of Watters:“After Fox News fired Tucker Carlson, [Fox Corp co-chair] Lachlan Murdoch said there would be ‘no change’ in the network’s programming strategy. Today, Fox is making good on that promise.“Crowning odious Jesse Watters as the new face of Fox News is a reflection of Fox’s dogged commitment to bigotry and deceit as well as an indication of their desperation to regain audience share. It won’t work, though. Fox’s audience abandoned the network post-Tucker, and those viewers never returned. Jesse Watters’ buffoonish segments of bigotry and culture war vitriol won’t fix that problem for Fox; he’s a liability and a ticking time bomb.“Dominion exposed Fox News for the partisan propaganda operation that it is. Instead of trying to adjust and attempt to establish a beachhead of credibility, the network is going back out to sea by leaning in on their most toxic personalities – like Greg Gutfeld and Jesse Watters. The network is transparently appealing to the fringes here.“Advertisers and cable providers beware: things at Fox News are about to get a whole lot worse.”Here’s some more reading on Fox News post-Tucker, with contributions from Brian Stelter, a seasoned Fox-watcher formerly of CNN:Joe Biden is easing into his re-election campaign with the announcement of a nationwide push to expand high-speed internet, and plans for a speech on “Bidenomics” set for Wednesday. The idea is to campaign for another four years in the White House not with new promises, but rather with a reiteration of the proposals that got him elected in the first place. Meanwhile, Republican House speaker Kevin McCarthy signaled an openness to impeaching attorney general Merrick Garland if the US attorney involved in prosecuting Hunter Biden doesn’t speak to the judiciary committee. The House is on recess for the next two weeks or so, but we’ll keep an eye on if that goes anywhere.Here’s what else has happened today so far:
      The supreme court ordered Louisiana to draw a new majority-Black congressional district as the fallout from a recent decision concerning the Voting Rights Act continues.
      A top Democratic senator thinks the supreme court’s conservatives know they’ve gone too far.
      The Biden administration plans yet another aid package for Ukraine.
      Joe Biden’s push for more affordable high-speed internet access comes as he plans to announce a major theme for his re-election campaign on Wednesday.The president is scheduled to travel to Chicago and speak about the employment and wage gains Americans have seen since he took office, which the White House is calling “Bidenomics”.According to Axios, Biden plans to focus his re-election campaign on the same promises he made when running for his first term in office, rather than announcing a new slate of policies. But the approach is risky, particularly since surveys indicate two-thirds of Americans believe the country is on the wrong track.As he looks to promote his economic record and turn around negative public approval ratings, Joe Biden announced his administration would work to get all Americans access to low-cost high-speed internet by 2030.“We’re announcing over $40bn to be distributed to 50 states, Washington DC and territories to deliver high speed in places where there’s neither service or it’s too slow,” the president said.“Along with other federal investments, we’re going to be able to connect every person in America to reliable high-speed internet by 2030.”He compared his administration’s push to the rural electrification campaign of Democratic icon Franklin Delano Rosevelt in the 1930s.“Today, Kamala and I are making an equally historic investment to connect everyone in America, everyone in America to … affordable high speed internet by 2030. It’s the biggest investment in high-speed internet ever, because for today’s economy to work for everyone, internet access is just as important as electricity or water, or other basic services.”The United States was not involved in the weekend mutiny by Wagner mercenary group chief Yevgeny Prigozhin against Russian president Vladimir Putin.“We made clear that we were not involved. We had nothing to do with it,” Biden said at the White House event on high-speed internet. “This was part of a struggle within the Russian system.”“We’re going to keep assessing the fallout of this weekend’s events and the implications for Russia and Ukraine. But it’s still too early to reach a definitive conclusion about where this is going.”The president added that, “We’re going to keep assessing the fallout of this weekend’s events and the implications for Russia and Ukraine. But it’s still too early to reach a definitive conclusion about where this is going.”Joe Biden and Kamala Harris are kicking off a speech where they’ll unveil tens of billions of dollars in investments to improve high-speed internet access across the United States.The Washington Post reports that the Biden administration will spend $42 bn to expand access to the internet, using funds made available by the infrastructure overhaul Congress approved two years ago:Follow along here for the latest on the speech. More