February, 08 2010, 04:01pm EDT

For Immediate Release
Contact:
Maria Archuleta, ACLU national, (212) 519-7808 or 549-2666; media@aclu.org
Robert Doody, ACLU of South Dakota, (605) 332-2508
ACLU Challenges Illegal Disfranchisement of American Indian Voters in South Dakota
SIOUX FALLS, SD
The American Civil Liberties Union filed an amended class action
lawsuit in federal court today to restore the voting rights of American
Indians who were illegally disfranchised in the 2008 presidential
election. The lawsuit was filed in the U.S. District Court for the
Western District of South Dakota on behalf of Kim Colhoff, Eileen Janis
and others, who attempted to vote in the election but were improperly
removed from the voter rolls due to felony convictions. Because state
law only disfranchises individuals sentenced to prison and both women
were just sentenced to probation, election officials unlawfully took
away their voting rights.
"Felony disfranchisement laws in
South Dakota have a disproportionate impact on American Indians, who
represent the majority of those convicted of felonies at the federal
level," said Robert Doody, Executive Director of the ACLU, South Dakota
Chapter. "Worse still, it's clear that confusion regarding the South
Dakota felony disfranchisement laws has resulted in legitimate voters,
even those who haven't been incarcerated for felony convictions, being
purged from the rolls or denied the ability to register to vote or cast
their ballots."
The lawsuit charges that South
Dakota officials' illegal disfranchisement of individuals with felony
convictions has had a disproportionate and negative impact on American
Indian voters who are overly represented in South Dakota's criminal
justice system. The lawsuit also contends that the removal of
individuals' names from the state and county voter registration lists
based on felony convictions for which they were sentenced only to
probation violates their rights to equal protection and due process
under the federal and state constitutions, the Help America Vote Act,
the National Voter Registration Act and Sections 2 and 5 of the Voting
Rights Act. The lawsuit names Secretary of State Chris Nelson, Shannon
County Auditor Sue Ganje and members of the state board of elections as
defendants.
The ACLU originally filed the
lawsuit in February 2009 on behalf of Colhoff and Janis. The amended
lawsuit filed today represents a class of individuals in South Dakota
with felony convictions who were denied the right to vote despite the
fact that they were never incarcerated.
Colhoff and Janis, both residents of
Pine Ridge, South Dakota, registered to vote for the first time in 1974
and 1984, respectively, and remained on the voter rolls until early
2008, after they were each convicted of a felony offense and sentenced
to five years probation but no jail time. Despite the fact that South
Dakota only disfranchises those sentenced to prison, Colhoff and Janis
were removed from the voter rolls without any notice and denied the
right to vote at their polling places when they attempted to vote in
the 2008 presidential election. In front of several other voters,
election officials refused to allow Janis to cast either a regular or
provisional ballot.
"I will never get the chance to go
back and make my voice heard," said Janis. "It deeply disturbs me that
my right to vote was taken away because of administrative incompetence.
No one should be denied a ballot just because election workers don't
understand the rules. It's really hard not feeling like a second-class
citizen when one of my most fundamental rights has been stolen from
me."
"What happened to our clients
represents the tragedy that occurs when election officials do not know
how to administer the law," said Nancy Abudu, senior staff attorney
with the ACLU Voting Rights Project. "Not only did election
administrators take away their constitutional rights, but they robbed
them of the opportunity to participate in this historic election."
Attorneys on this case are Abudu,
Bryan Sells and Laughlin McDonald of the ACLU Voting Rights Project;
Doody of the ACLU, South Dakota Chapter; and cooperating attorney
Patrick Duffy.
A copy of today's proposed second amended complaint in Janis v. Nelson is available at: www.aclu.org/racial-justice-voting-rights/janis-v-nelson-second-amended-complaint-pending-court-approval-requesti
An ACLU report providing a
historical overview of systemic discrimination against American
Indians, limiting their ability to participate in local, state and
national elections, can be found at: www.aclu.org/votingrights/minority/41203pub20090930.html
More information about the ACLU Voting Rights Project is available at: www.votingrights.org
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
Critics Shred JD Vance as He Shrugs Off Millions of Americans Losing Medicaid as 'Minutiae'
"What happened to you J.D. Vance—author of Hillbilly Elegy—now shrugging off Medicaid cuts that will close rural hospitals and kick millions off healthcare as 'minutiae?'" asked Rep. Ro Khanna (D-Calif.).
Jul 01, 2025
Vice President J.D. Vance took heat from critics this week when he downplayed legislation that would result in millions of Americans losing Medicaid coverage as mere "minutiae."
Writing on X, Vance defended the budget megabill that's currently being pushed through the United States Senate by arguing that it will massively increase funding to Immigration and Customs Enforcement, which he deemed to be a necessary component of carrying out the Trump administration's mass deportation operation.
"The thing that will bankrupt this country more than any other policy is flooding the country with illegal immigration and then giving those migrants generous benefits," wrote Vance. "The [One Big Beautiful Bill] fixes this problem. And therefore it must pass."
He then added that "everything else—the CBO score, the proper baseline, the minutiae of the Medicaid policy—is immaterial compared to the ICE money and immigration enforcement provisions."
It was this line that drew the ire of many critics, as the Congressional Budget Office has estimated that the Senate version of the budget bill would slash spending on Medicaid and the Children's Health Insurance Program by more than $1 trillion over a ten-year-period, which would result in more than 10 million people losing their coverage. Additionally, Sen. Rick Scott (R-Fla.) has proposed an amendment that would roll back the expansion of Medicaid under the 2010 Affordable Care Act, which would likely kick millions more off of the program.
Many congressional Democrats were quick to pounce on Vance for what they said were callous comments about a vital government program.
"So if the only thing that matters is immigration... why didn't you support the bipartisan Lankford-Murphy bill that tackled immigration far better than your Ugly Bill?" asked Rep. Daniel Goldman (D-N.Y.). "And it didn't have 'minutiae' that will kick 12m+ Americans off healthcare or raise the debt by $4tn."
"What happened to you J.D. Vance—author of Hillbilly Elegy—now shrugging off Medicaid cuts that will close rural hospitals and kick millions off healthcare as 'minutiae?'" asked Rep. Ro Khanna (D-Calif.).
Veteran healthcare reporter Jonathan Cohn put some numbers behind the policies that are being minimized by the vice president.
"11.8M projected to lose health insurance," he wrote. "Clinics and hospitals taking a hit, especially in rural areas. Low-income seniors facing higher costs. 'Minutiae.'"
Activist Leah Greenberg, the co-chair of progressive organizing group Indivisible, zeroed in on Vance's emphasis on ramping up ICE's funding as particularly problematic.
"They are just coming right out and saying they want an exponential increase in $$$ so they can build their own personal Gestapo," she warned.
Washington Post global affairs columnist Ishaan Tharoor also found himself disturbed by the sheer size of the funding increase for ICE that Vance is demanding and he observed that "nothing matters more apparently than giving ICE a bigger budget than the militaries of virtually every European country."
Keep ReadingShow Less
'Heinrich Should Be Ashamed': Lone Senate Dem Helps GOP Deliver Big Pharma Win
The provision, part of the Senate budget bill, was described as "a blatant giveaway to the pharmaceutical industry that would keep drug prices high for patients while draining $5 billion in taxpayer dollars."
Jul 01, 2025
The deep-pocketed and powerful pharmaceutical industry notched a significant victory on Monday when the Senate parliamentarian ruled that a bill described by critics as a handout to drug corporations can be included in the Republican reconciliation package, which could become law as soon as this week.
The legislation, titled the Optimizing Research Progress Hope and New (ORPHAN) Cures Act, would exempt drugs that treat more than one rare disease from Medicare's drug-price negotiation program, allowing pharmaceutical companies to charge exorbitant prices for life-saving medications in a purported effort to encourage innovation. (Medications developed to treat rare diseases are known as "orphan drugs.")
The consumer advocacy group Public Citizen observed that if the legislation were already in effect, Medicare "would have been barred from negotiating lower prices for important treatments like cancer drugs Imbruvica, Calquence, and Pomalyst."
Among the bill's leading supporters is Sen. Martin Heinrich (D-N.M.), whose spokesperson announced the parliamentarian's decision to allow the measure in the reconciliation package after previously advising that it be excluded. Heinrich is listed as the legislation's only co-sponsor in the Senate, alongside lead sponsor Sen. John Barrasso (R-Wyo.).
"Sen. Heinrich should be ashamed of prioritizing drug corporation profits over lower medicine prices for seniors and people with disabilities," Steve Knievel, access to medicines advocate at Public Citizen, said in a statement Monday. "Patients and consumers breathed a sigh of relief when the Senate parliamentarian stripped the proposal from Republicans' Big Ugly Betrayal, so it comes as a gut punch to hear that Sen. Heinrich welcomed the reversal and continued to champion a proposal that will transfer billions from taxpayers to Big Pharma."
"People across the country are demanding lower drug prices and for Medicare drug price negotiations to be expanded, not restricted," Knievel added. "Sen. Heinrich should apologize to his constituents and start listening to them instead of drug corporation lobbyists."
The Biotechnology Innovation Organization, a lobbying group whose members include pharmaceutical companies, has publicly endorsed and promoted the legislation, urging lawmakers to pass it "as soon as possible."
"This is a blatant giveaway to the pharmaceutical industry that would keep drug prices high for patients."
The nonpartisan Congressional Budget Office has estimated that the ORPHAN Cures Act would cost U.S. taxpayers around $5 billion over the next decade.
Merith Basey, executive director of Patients For Affordable Drugs Now, said that "patients are infuriated to see the Senate cave to Big Pharma by reviving the ORPHAN Cures Act at the eleventh hour."
"This is a blatant giveaway to the pharmaceutical industry that would keep drug prices high for patients while draining $5 billion in taxpayer dollars," said Basey. "We call on lawmakers to remove this unnecessary provision immediately and stand with an overwhelming majority of Americans who want the Medicare Negotiation program to go further. Medicare negotiation will deliver huge savings for seniors and taxpayers; this bill would undermine that progress."
Keep ReadingShow Less
Trump-Musk Gutting of USAID Could Lead to More Than 14 Million Deaths Over Five Years: Study
"For many low and middle income countries, the resulting shock would be comparable in scale to a global pandemic or a major armed conflict," said the coordinator behind the study.
Jul 01, 2025
A study published Monday by the medical journal The Lancet found that deep funding cuts to the U.S. Agency for International Development, a main target of the Department of Government Efficiency's government-slashing efforts, could result in more than 14 million additional deaths by the year 2030.
For months, humanitarian programs and experts have sounded the alarm on the impact of cutting funding for the U.S. Agency for International Development (USAID), which is the largest funding agency for humanitarian and development aid around the globe, according to the study.
"Our analysis shows that USAID funding has been an essential force in saving lives and improving health outcomes in some of the world's most vulnerable regions over the past two decades," said Daniella Cavalcanti, postdoctoral researcher at the Institute of Collective Health and an author of the study, according to a statement published Tuesday. Between 2001 and 2021, an estimated 91 million deaths were prevented in low and middle income countries thanks programs supported by USAID, according to the study.
The study was coordinated by researchers from the Barcelona Institute for Global Health with the help of the Institute of Collective Health of the Federal University of Bahia, the University of California Los Angeles, and the Manhiça Centre for Health Research, as well as others.
To project the future consequences of USAID funding cuts and arrive at the 14 million figure, the researchers used forecasting models to simulate the impact of two scenarios, continuing USAID funding at 2023 levels versus implementing the reductions announced earlier this year, and then comparing the two.
Those estimated 14 million additional deaths include 4.5 million deaths among children younger than five, according to the researchers.
The journalist Jeff Jarvis shared reporting about the study and wrote "murder" on X on Tuesday.
In March, Secretary of State Marco Rubio announced that the 83% of the programs at USAID were being canceled. In the same post on X, he praised the Department of Government Efficiency, which at that point had already infiltrated the agency. "Thank you to DOGE and our hardworking staff who worked very long hours to achieve this overdue and historic reform," he wrote.
Davide Rasella, research professor at Barcelona Institute for Global Health and coordinator of the study, said in a statement Tuesday that "our projections indicate that these cuts could lead to a sharp increase in preventable deaths, particularly in the most fragile countries. They risk abruptly halting—and even reversing—two decades of progress in health among vulnerable populations. For many low- and middle-income countries, the resulting shock would be comparable in scale to a global pandemic or a major armed conflict."
One country where USAID cuts have had a particularly deadly impact is Sudan, according to The Washington Post, which reported on Monday that funding shortages have led to lack of medical supplies and food in the war-torn nation.
"There's a largely unspoken and growing death toll of non-American lives thanks to MAGA," wrote Ishaan Tharoor, a Post columnist, of the paper's reporting on Sudan.
In reference to the reporting on Sudan, others laid blame on billionaire Elon Musk, the billionaire and GOP mega-donor who was initially tapped to lead the Department of Government Efficiency.
"In a less imperfect world, Musk and [President Donald] Trump would be forever cast as killers of children, and this would be front-page news for months and the subject of Sunday sermons in every church," wrote the journalist David Corn.
Keep ReadingShow Less
Most Popular