Posted tagged ‘Voting Rights’

Even The Conservative Richard Posner…

June 27, 2013

…thinks Roberts’ voting rights decision sucked [redacted; this is a family blog].  In this Tammy Duckworth thread over at Balloon-Juice, my BJ colleague, Soonergrunt sends us to conservative jurist Richard Posner’s post at Slate that basically eviscerates the VRA opinion in terms that I’m pretty sure appelate judges do not often direct at the Chief Justice of the United States.

William_Hogarth_031

Seriously, from the very beginning of the piece, it’s no-prisoners-time:

Shelby County v. Holder, decided Tuesday, struck down a key part of the Voting Rights Act (the part requiring certain states with a history of racial discrimination in voting to obtain federal permission in advance to change their voting procedures—called “preclearance”) as violating the “fundamental principle of equal sovereignty” of the states. This is a principle of constitutional law of which I had never heard—for the excellent reason that, as Eric points out and I will elaborate upon briefly, there is no such principle.

Begin as you mean to go on, your honor:

… Justice Ruth Bader Ginsburg’s very impressive opinion (in part because of its even tone), at a length (37 pages) that, remarkably, one would not like to see shortened—marshals convincing evidence that the reasons Congress has for treating some states differently for purposes of the Voting Rights Act are not arbitrary, though they are less needful than they were in 1965, when the law was first enacted.

That evidence—the record before Congress—should have been the end of this case.

It was not.  Why?  Because, says Judge Posner — a Reagan appointee to the 7th Circuit Court of Appeals — Chief Justice Roberts is a “crafty” incrementalist, which, translated out of collegial speech, I think means that Roberts is a slick ratf**ker:

….the real key to “stealth” jurisprudence is patient, crafty incrementalism (no conservative monopoly on that strategy, of course). It’s a strategy illustrated by Shelby’s predecessor, the 2009 decision in Northwest Austin Municipal Utility District No. 1 v. Holder, heavily cited in Shelby. That was a case in which Chief Justice Roberts, again writing for the majority, criticized the same part of the Voting Rights Act, and invoked the same imaginary doctrine of “equal sovereignty,” yet without actually invalidating anything, and so avoiding a dissent by the liberal justices. So now in Shelby he could quote extensively from his opinion in Northwest Austin as if to imply that really there was nothing new here—just a small and logical next step.

Posner saves the last, best bit of rhetorical disdain for his closing:

Was that a disreputable tactic, or merely a clever one?

As intended by its writer (I’m sure), that question answers itself.

Image:  William Hogarth, The Polling, from The Humours of an Election series, 1754-1755.

Required Reading, MLK Day edition

January 16, 2012

I’m ashamed to say, that until Charlie Pierce in his own, powerful essay on MLK day pointed me to it, I had never actually read Lyndon B. Johnson’s speech to Congress urging — almost ordering — the legislators before him to pass the Voting Rights Act.

Here’s a sample:

But even if we pass this bill, the battle will not be over. What happened in Selma is part of a far larger movement which reaches into every section and State of America. It is the effort of American Negroes to secure for themselves the full blessings of American life.

Their cause must be our cause too. Because it is not just Negroes, but really it is all of us, who must overcome the crippling legacy of bigotry and injustice.

And we shall overcome.

As a man whose roots go deeply into Southern soil I know how agonizing racial feelings are. I know how difficult it is to reshape the attitudes and the structure of our society.

But a century has passed, more than a hundred years, since the Negro was freed. And he is not fully free tonight.

It was more than a hundred years ago that Abraham Lincoln, a great President of another party, signed the Emancipation Proclamation, but emancipation is a proclamation and not a fact.

A century has passed, more than a hundred years, since equality was promised. And yet the Negro is not equal.

A century has passed since the day of promise. And the promise is unkept.

The time of justice has now come. I tell you that I believe sincerely that no force can hold it back. It is right in the eyes of man and God that it should come. And when it does, I think that day will brighten the lives of every American.

For Negroes are not the only victims. How many white children have gone uneducated, how many white families have lived in stark poverty, how many white lives have been scarred by fear, because we have wasted our energy and our substance to maintain the barriers of hatred and terror?

So I say to all of you here, and to all in the Nation tonight, that those who appeal to you to hold on to the past do so at the cost of denying you your future.

This great, rich, restless country can offer opportunity and education and hope to all: black and white, North and South, sharecropper and city dweller. These are the enemies: poverty, ignorance, disease. They are the enemies and not our fellow man, not our neighbor. And these enemies too, poverty, disease and ignorance, we shall overcome.

Pierce calls this “the greatest speech an American president has delivered in my lifetime.”

Mine too.

Read it.

One last thought: One strand I draw from Johnson’s speech is that it is possible to have a politics that transcends the mere purchase and sale of interest; one in which words have both power and integrity.

I want that politics back.

Image:  Lyndon Baines Johnson with Martin Luther King on August 6, 1965, at the signing of the Voting Rights Act.