February, 20 2009, 01:29pm EDT
Judge Rules School Board Elections Violate Voting Rights Act
ACLU Calls Ruling a Victory for Political Equality
COLUMBIA, S.C.
A federal judge ruled late Thursday that the method of electing members to a South Carolina county school board resulted in unlawful racial discrimination in violation of the Voting Rights Act. The decision comes in a long-running American Civil Liberties Union lawsuit challenging Lexington County School District Three elections that dilute the minority vote. In her ruling, Judge Margaret B. Seymour of the U.S. District Court for the District of South Carolina ordered new proposals to change the election method within 60 days.
"This is a victory for political equality," said Laughlin McDonald, Director of the ACLU Voting Rights Project. "The judge's decision made it very clear that racially polarized voting in the school district is a major problem. We have made a lot of progress when it comes to voting rights, but this decision shows the continuing importance of the Voting Rights Act to ensure effective minority participation in the political process."
The school board district has a significant minority population and, before 1994, three black individuals were elected to the board. That year, elections were changed from being held annually during the last week of February to November of even-numbered years, to coincide with the general election. Following that change, not a single minority was elected until after the lawsuit was filed in 2003. Judge Seymour found that "there are lingering socio-economic effects of discrimination" in the county and that black voters in the school district "have been denied equal opportunity to elect School Board members of their choice."
"This is an incredible decision that will have a significant impact for the black community in this district," said R.O. Levy, a plaintiff in the case. "We will now have a more effective say in the operation of schools in the district. This is what equal opportunity in elections is all about."
Attorneys in the case are McDonald and Meredith Bell-Platts of the ACLU Voting Rights Project and cooperating attorney Herbert Buhl of Columbia, SC.
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Climate Movement Cheers Michigan AG's Plans to Sue Big Oil
"Pursuing this litigation will allow us to recoup our costs and hold those responsible for jeopardizing Michigan's economic future and way of life accountable," said the state attorney general
May 09, 2024
Advocates of holding fossil fuel giants accountable for their significant contributions to the climate emergency welcomed Michigan Attorney General Dana Nessel's Thursday announcement that she intends to sue the polluting industry.
"Big Oil knew decades ago that their products would cause catastrophic climate change, but instead of doing the right thing they lied about it," declared Richard Wiles, president of the Center for Climate Integrity. "The people of Michigan deserve their day in court to make these companies pay for the massive harm they knowingly caused."
Dozens of municipalities and attorneys general for the District of Columbia and eight states—California, Connecticut, Delaware, Massachusetts, Minnesota, New Jersey, Rhode Island, and Vermont—have already filed climate liability suits against Big Oil in recent years.
"Our 'Pure Michigan' identity is under threat from the effects of climate change," said Nessel, whose state was praised last year for passing clean energy legislation. "Warmer temperatures are shrinking ski seasons in the UP and disrupting the wonderful blooms of Holland's Tulip Time Festival. Severe weather events are on the rise."
"These impacts threaten not only our way of life but also our economy and pose long-term risks to Michigan's thriving agribusiness," she continued. "The fossil fuel industry, despite knowing about these consequences, prioritized profits over people and the environment. Pursuing this litigation will allow us to recoup our costs and hold those responsible for jeopardizing Michigan's economic future and way of life accountable."
The Democratic attorney general's office explained that she is "seeking proposals from attorneys and law firms to serve as special assistant attorneys general to pursue litigation related to the climate change impacts caused by the fossil fuel industry on behalf of the state of Michigan."
The Detroit Newsnoted that "Nessel took a similar tact in suing drugmakers for the opioid crisis, farming out much of the work to outside law firms in Michigan, Texas, and Florida."
According to the newspaper:
Nessel's office is working with other state departments to assess the costs associated with climate change, such as the cost of expanding storm water systems to handle flooding caused by stronger storms, responding to natural disasters, or supporting northern Michigan tourism economies dealing with dwindling ice and snow.
"This is going to be a massive discovery effort to find out exactly what our Michigan damages are now already and what can we expect to see in the future as a result of climate change," she said.
"I don't know that there's a bigger issue facing the state of Michigan than climate change," Nessel told the outlet. "We are talking about billions and billions of dollars in damages and we're already starting to see that on a day-to-day basis. We know this is only going to get worse."
The youth-led Sunrise Movement applauded Nessel's plans and asserted that U.S. President Joe Biden—who is seeking reelection in November—and the Department of Justice "must follow suit."
The group's call echoed similar demands that emerged last week in response to the U.S. Senate Budget Committee's hearing about a three-year investigation into "Big Oil's campaign of deception and distraction."
Keep ReadingShow Less
Critics Compare Biden's Proposed Asylum Rule to 'Failed Trump-Era Policies'
"The Biden administration and Congress must not erect any more unjust barriers to asylum that will sow further disorder and result in irreparable harm," said one migrant rights advocate.
May 09, 2024
Immigrant rights advocates on Thursday slammed the Biden administration's proposal to fast-track the rejection of certain migrants seeking asylum in the United States.
On Thursday the U.S. Department of Homeland Security (DHS) proposed a rule that would empower immigration officials to disqualify certain asylum-seekers during their initial eligibility screening—called the credible fear interview (CFI)—using existing national security and terrorism-related criteria, or bars.
DHS said the rule would apply to noncitizens who have "engaged in certain criminal activity, persecuted others, or have been involved in terrorist activities."
"I urge President Biden to embrace our values as a nation of immigrants and use this opportunity to instead provide relief for the long-term immigrants of this nation."
Homeland Security Secretary Alejandro Mayorkas called the proposed rule "yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here."
However, Greg Chen, senior director of government relations for the American Immigration Lawyers Association, argued that while "bars are an important feature of our immigration laws to ensure that dangerous individuals are not allowed into the country," they must be "accurately applied where warranted."
"This change could make the process faster by excluding people who would not be entitled to stay," he noted. "However, due process will likely be eroded by accelerating what is a highly complex legal analysis needed for these bars and conducting them at the preliminary CFI screening."
As Chen explained:
At that early stage, few asylum seekers will have the opportunity to seek legal counsel or time to understand the consequences of a bar being applied. Under the current process, they have more time to seek legal advice, to prepare their case, and to appeal it or seek an exemption. Ultimately to establish a fair and orderly process at the border, Congress needs to provide the Department of Homeland Security with the resources to meet its mission and also ensure the truly vulnerable are not summarily denied protection without due process.
Democratic lawmakers—some of whom held a press conference Wednesday on protecting undocumented immigrants in the U.S.—also criticized the proposal.
"As the Biden administration considers executive actions on immigration, we must not return to failed Trump-era policies aimed at banning asylum and moving us backwards," said Sen. Alex Padilla (D-Calif.), referring to former Republican President Donald Trump, the presumptive 2024 GOP nominee to face President Joe Biden in November.
"I urge President Biden to embrace our values as a nation of immigrants and use this opportunity to instead provide relief for the long-term immigrants of this nation," he added.
One year ago, critics accused Biden of "finishing Trump's job" by implementing a crackdown on asylum-seekers upon the expiration of Title 42—a provision first invoked during Trump administration at the onset of the Covid-19 pandemic and continued by Biden to expel more than 1 million migrants under the pretext of public safety.
Earlier this week, the advocacy group Human Rights First released a report detailing the harms of the policy on its anniversary. The group held a press conference to unveil the report and warn of the dangers of further anti-migrant policies.
"The interviews with hundreds of asylum-seekers make clear that the asylum ban and related restrictions strands in danger children and adults seeking asylum, punishes people for seeking protection, leads to the return of refugees to persecution, spurs irregular crossings, and denies equal access to asylum to people facing the most dire risks," Human Rights First director of research and analysis of refugee protection Christina Asencio said during the press conference.
"The Biden administration and Congress must not erect any more unjust barriers to asylum that will sow further disorder and result in irreparable harm," Asencio added.
On Wednesday, three advocacy groups—Al Otro Lado, the Civil Rights Education and Enforcement Center, and the Texas Civil Rights Project—sued the federal government on behalf of noncitizens with disabilities seeking more information regarding CBP One, the problem-plagued Customs and Border Protection app migrants must use to schedule asylum interviews at U.S. ports of entry.
"We have and continue to see migrants with disabilities facing unlawful discrimination and unequal access to the asylum process due to the inaccessibility of the app," said Laura Murchie, an attorney with the Civil Rights and Education Enforcement Center involved in the case.
"CBP needs to release these documents so we can advocate for and ensure compliance with the law so asylum-seekers with disabilities do not continue to be harmed by CBP's disregard for rights that are guaranteed by federal disability law," she added.
Keep ReadingShow Less
Netanyahu Says Israel 'Will Stand Alone' as Biden Threatens to Withhold Arms
"If we have to, we will fight with our nails," the Israeli prime minister said in response to the American leader's warning against a major Rafah invasion.
May 09, 2024
Israeli Prime Minister Benjamin Netanyahu on Thursday responded to U.S. President Joe Biden's threat to withhold shipments of arms used by the Israel Defense Forces to kill thousands of Palestinian civilians by declaring that his far-right government would continue its assault on Gaza with or without American help.
"If we are forced to stand alone, we will stand alone," Netanyahu said in a video ahead of next week's anniversary of Israel's establishment in 1948, largely via the ethnic cleansing of Palestine's Arabs. "I have already said that if we have to, we will fight with our nails."
Echoing Netanyahu, Israel Defense Forces spokesperson Daniel Hagari said the IDF already has the "necessary weapons" to wage war, "including in Rafah," where over 1 million people forcibly displaced from other parts of Gaza are sheltering alongside around 280,000 local residents, all of them bracing for a full-scale Israeli invasion.
The prime minister's remarks came a day after Biden threatened to withhold bombs and artillery shells from Israel if it launches a major invasion of Rafah—even as critics noted that Israeli forces have already attacked and entered the city. Some accused Biden of walking back a previous "red line" warning against any assault on Rafah.
Common Dreamsreported Tuesday that Biden is delaying shipments of two types of bombs to Israel in order to send a message that the president's tolerance for what he called Israel's "indiscriminate bombing" of Gazan civilians is waning.
However, observers noted that Biden recently signed off on $14.3 billion in emergency armed assistance for Israel atop the nearly $4 billion the key ally already receives from Washington each year. The Biden administration has quietly approved more than 100 arms sales to Israel since October 7, while pushing for billions of dollars worth of additional deals, including advanced fighter jets.
Biden has also repeatedly bypassed Congress to fast-track weapons transfers to Israel as it wages what the International Court of Justice in January called a "plausibly" genocidal war that's killed, injured, or left missing more than 124,000 Palestinians—mostly women and children—since October 7.
The U.S. administration also provides diplomatic cover for Israel's policies and practices in the form of United Nations Security Council vetoes.
Despite all this support—which comes as most election-year voters supporting Biden's Democratic Party believe Israel is committing genocide in Gaza—Israeli National Security Minister Itamar Ben-Gvir on Thursday tweeted, "Hamas ❤️ Biden."
Keep ReadingShow Less
Most Popular