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The Lawyers' Committee for Civil Rights Under Law filed a Motion for a Preliminary Injunction in its lawsuit against the Georgia Secretary of State that seeks to remedy an unlawful racial gerrymander.
The lawsuit concerns Atlanta metro area Georgia House of Representatives Districts that were redrawn in 2015 for the sole purpose of helping white incumbents get reelected. The Motion filed late Tuesday powerfully demonstrates how race was used as a proxy to further partisan political interests in violation of the Fourteenth Amendment. The Motion seeks an expedited hearing, allowing the federal court enough time to provide for a remedy before the 2018 elections.
"Georgia's mid-decade redistricting is an egregious example of the kind of racial gerrymandering that has no place in our democracy today," said Kristen Clarke, President and Executive Director of the Lawyers' Committee for Civil Rights Under Law. "In swing districts where margins of victory were close, Georgia lawmakers reopened legislative maps for the sole purpose of locking in favored non-minority incumbents. Georgia is a place that provides a textbook example of the kind of the unlawful racial gerrymandering that infects too many states today. Our action seeks to fight back against the unlawful actions of Georgia legislators who have put their thumb on the scale of democracy at the expense of minority voters."
"The Georgia NAACP will not abide by the 2018 election being conducted under racially gerrymandered district boundary lines," said Phyllis Blake, Georgia NAACP President. "The right to vote rings hollow if elections are held in districts tailor-made to ensure that incumbents are reelected."
"It is past time for Georgia to end the practice of gerrymandering on the basis of race to serve partisan interests," said Bill Custer, Partner, Bryan Cave, LLP. "We are better than that, and voters should not have to suffer the effects in the 2018 election cycle."
"A citizen's right to have his or her vote be meaningful should not and cannot be dependent on the color of their skin," said Gregory Phillips, Partner, Munger Tolles & Olson, LLP. "Georgia's use of race as a means to achieve partisan advantage is unlawful and unacceptable and promotes the types of racial divisions that harm our country. Racial gerrymandering must end."
In 2015, the Republican-led Georgia General Assembly took the rare step of amending the boundaries of Georgia House Districts 105 and 111 mid-decade. The redistricting did not comply with constitutional requirements like the longstanding "one person, one vote" principle or statutory requirements such as the Voting Rights Act to protect the rights of minority voters. Nor did the General Assembly pass the new map to further traditional redistricting principles such as compactness or avoiding splitting counties, municipalities, and precincts. Rather, the sole reason for re-redistricting House Districts 105 and 111 was to protect the political interests of white Republican incumbents.
The General Assembly's perceived need to protect white Republican incumbents was motivated by the changing demographics in both House Districts 105 and 111. The General Assembly used racial data as a proxy for political affiliation in order to identify the percentage of African-American voters it needed to move out of Districts 105 and 111 to maintain its partisan advantage.
The Motion demonstrates that the General Assembly's re-redistricting in 2015 was motivated and accomplished by using race as a proxy for partisan affiliation. In the months leading up to the 2015 re-redistricting, Dan O'Connor, a staff member installed in the redistricting office by the Speaker of the House and the resident expert in assessing political performance of districts, repeatedly communicated with Legislators and others, emphasizing that redistricting was necessary due to changing racial demographics. For example, in August 2014, O'Connor emailed Chuck Efstration, who represented House District 104, explaining the explosive growth in black voter registration in Gwinnett County and that his district was "an obvious target" for "tweaking" District 105 by swapping out Republicans for Democrats.
Plaintiffs in the suit include Georgia State Conference of the NAACP and several individuals who live in the contested Districts. Working with the Lawyers' Committee for Civil Rights Under Law as pro bono counsel are the law firms of Munger, Tolles & Olson LLP and Bryan Cave. The suit has been filed in the United States District Court for the Northern District of Georgia, Atlanta Division.
To read a copy of the Preliminary Injunction filed Tuesday, click here.
The Lawyers' Committee is a nonpartisan, nonprofit organization, formed in 1963 at the request of President John F. Kennedy to enlist the private bar's leadership and resources in combating racial discrimination and the resulting inequality of opportunity - work that continues to be vital today.(202) 662-8600
"We should not have to risk arrest and imprisonment for exercising our constitutional rights, including freedom of speech and equal protection under the law," asserted one of the plaintiffs.
Progressive advocacy groups are suing Mississippi officials over a new state law requiring permission to hold public protests near state government buildings in the capital city of Jackson.
A lawsuit filed last week by JXN Undivided Coalition, Mississippi Votes, Mississippi Poor People's Campaign, Black Voters Matter, and a trio of activists challenges S.B. 2343, which is set to take effect on July 1. The legislation required prior approval from Public Safety Commissioner Sean Tindell or Capitol Police Chief Bo Luckey for public demonstrations on the grounds of or near state government buildings including the Capitol Complex, Governor's Mansion, state Supreme Court, and other edifices.
"The JXN Undivided Coalition and its members have for years engaged in the deeply American tradition of peacefully gathering on public property to convey to elected officials what matters most to us," the group said in a statement on Monday. "What matters most to us is the right to vote and the right of political self-determination for Jackson residents."
"We have spoken, and the state has responded with a sweeping prohibition of speech next to properties in Jackson occupied by state officials absent prior authorization," JXN Undivided Coalition added. "We should not have to risk arrest and imprisonment for exercising our constitutional rights, including freedom of speech and equal protection under the law."
\u201c.@JxnUndivided files lawsuit to stop new law requiring the Public Safety Commissioner or Capitol Police Chief\u2019s permission to protest or gather in Jackson anywhere near buildings occupied by a state employee \u2014 aka damn near all of non-residential Jackson. https://t.co/ISwW2dakw1\u201d— Blake Feldman (@Blake Feldman) 1685977958
According to the suit:
This year, Mississippi made peaceful protests on public sidewalks and streets next to state government buildings in Jackson without written prior permission from one of two state officials. The new law... is an unconstitutional prior restraint that does not further a constitutionally sufficient or permissible purpose. Those who peacefully protest without state government authorization and who are charged with crimes for doing so may be prosecuted and sentenced to prison. This chills protected speech.
As the Associated Pressreported Monday:
Critics say the majority-white and Republican-controlled Legislature passed the laws to take away local autonomy in Jackson and surrounding Hinds County, which are both majority-Black and governed by Democrats. Supporters of the laws say they are trying to control violent crime.
Several protests have been held near state government buildings in downtown Jackson during the past year, including some in January, February, and March against the legislation dealing with courts and policing. The Poor People's Campaign held events on a street outside the Governor's Mansion last fall to protest what organizers said was the state’s inadequate investment in Jackson's struggling water system.
In recent years, numerous states have passed laws criminalizing or restricting protest activity and protecting motorists who kill or injure protesters under certain circumstances.
"Mr. Musk's behavior reveals an apparent indifference towards Twitter's longstanding legal obligations, which did not disappear when Mr. Musk took over the company," says a new letter from Sen. Elizabeth Warren and three of her Democratic colleagues.
Four Democratic U.S. senators have asked Twitter CEO Elon Musk and CEO-Designate Linda Yaccarino to provide information about the social media corporation's "continued disregard for consumer safety" by June 18, the lawmakers announced Monday.
In a letter dated Friday, Sens. Elizabeth Warren (Mass.), Ron Wyden (Ore.), Ed Markey (Mass.), and Mazie Hirono (Hawaii) expressed their concerns that since Musk purchased and assumed control of Twitter in October 2022, the company may have "violated its consent decree with the Federal Trade Commission (FTC) and put consumer privacy and data security at risk."
The letter follows last week's back-to-back resignations of Twitter's former head of trust and safety, Ella Irwin, and its former head of brand safety and advertising quality, A.J. Brown.
"Regardless of his personal wealth, Mr. Musk is not exempt from the law, and neither is the company he purchased."
"These departures, following a string of high-profile resignations from Twitter's lead privacy, information security, and compliance officers, raise concerns about Twitter's ability to comply with its legal obligations," the lawmakers wrote. "Twitter had a poor track record of protecting consumer privacy even before Mr. Musk's takeover."
As FTC spokesperson Douglas Farrar explained earlier this year, Twitter in 2011 "agreed to a 20-year consent order over its data security practices and how it uses your private information."
In May 2022, several months before Musk's acquisition of the company was finalized, "the FTC charged Twitter with violating the 2011 order for misusing personal information," Farrar noted. Twitter then "paid a $150 million penalty and entered a new consent order," which "added further provisions to protect consumers' sensitive data."
But as the four Senate Democrats pointed out in their new letter, Musk has "made numerous hasty personnel and product decisions" since he took over Twitter last October, heightening concerns about the company's adherence to the updated FTC agreement.
The resignations and terminations began well before the exits of Irwin and Brown last week, as the quartet observed:
In November 2022, Mr. Musk fired multiple top executives; top security executives resigned; and Mr. Musk fired employees who had criticized him, let go of contractors, and laid off half of the workforce. On November 9, the day before the deadline to submit a report to the FTC, the chief privacy officer, chief information security officer, and chief compliance officer all resigned. Internal messages obtained by The New York Times show that an employee suggested internal privacy reviews of Twitter's products were not occurring as they should under the order. Reports also indicated that the launch of the updated Twitter Blue subscription service "disregarded the company's normal privacy and security review." In April of this year, Mr. Musk also confirmed that over 80% of the workforce had left Twitter since he became CEO.
"These personnel changes, firsthand accounts from employees, and hasty launch of new products raise questions about whether Twitter is able to comply with its obligations under the FTC consent decree," the lawmakers wrote. "In apparent dismissal of concerns regarding reducing his workforce, Mr. Musk's team has said he is 'used to going to court and paying penalties, and was not worried about the risks.'"
"Mr. Musk's behavior reveals an apparent indifference towards Twitter's longstanding legal obligations, which did not disappear when Mr. Musk took over the company," they continued. "One employee highlighted his problematic behavior, stating, 'Elon has shown that his only priority with Twitter users is how to monetize them,' and his personal lawyer Alex Spiro reportedly said, 'Elon puts rockets into space—he's not afraid of the FTC.'"
As a matter of fact, Musk's Starship spacecraft and Super Heavy rocket exploded before reaching space in April, coating a Texas community in ash and provoking fears of negative public health and environmental impacts.
The senators stressed that "regardless of his personal wealth, Mr. Musk is not exempt from the law, and neither is the company he purchased."
"Twitter must meet the requirements it agreed to under the 2011 and 2022 FTC agreements," they added. "If reports about Mr. Musk's actions are correct, it appears that the company may not be doing so."
Citing their concerns, the lawmakers asked Musk and Yaccarino to answer a series of questions about Twitter's privacy practices no later than June 18.
"In particular, the letter asks whether Twitter conducted a privacy and security assessment of Twitter Blue, its paid subscription service, before rolling it out earlier this year," CNNreported Monday. "Under its 2022 consent agreement, Twitter is required to perform such assessments 'prior to implementing any new or modified product.'"
"The letter also asks whether Twitter has maintained a comprehensive cybersecurity program to protect user data since Musk's takeover and whether Twitter has met various reporting requirements, including obligations to report any significant data breaches to the authorities," CNN noted. According to the outlet, the inquiry "could highlight vast legal risks for Twitter and potentially for Musk himself."
The former Republican president's repeated promotion of his properties to the media and other world leaders amounted to "diplomatic malpractice," one ethics official said.
Former U.S. President Donald Trump, who is now running for a second term in the 2024 election, made $82.5 million from his businesses in Ireland and Scotland during his presidency as he embroiled himself in what one watchdog group called "extraordinary conflicts of interest" stemming from his frequent trips to his properties in the two countries while he was in office.
As Citizens for Responsibility and Ethics in Washington (CREW) reported on Monday, Trump repeatedly promoted his properties to the media and other officials as well as charging U.S. government employees to stay there.
Trump stayed at his Doonbeg golf property in Ireland and his Turnberry and Aberdeen golf resorts in Scotland numerous times, in some cases taking detours to stay there while claiming he did so out of "convenience."
\u201cNEW: Donald Trump made $82.5 million from his businesses in the UK and Ireland while serving as President, a @CREWcrew analysis of his tax returns revealed. That created conflicts of interest and reflected use of the presidency to promote his properties.\nhttps://t.co/DGVZiuyo7J\u201d— Noah Bookbinder (@Noah Bookbinder) 1685974512
The president made those trips after making the unprecedented decision not to divest from his real estate empire, the Trump Organization, CREW noted.
That decision led "to four years of egregious conflicts of interest between his business and the government," said CREW in its new report, with some of the worst arising "around his Doonbeg golf course in Ireland, where he made almost $25 million, and his Turnberry and Aberdeen golf properties in Scotland, which helped him make more than $58 million."
While in Europe for a NATO summit and a meeting with Russian President Vladimir Putin in Helsinki, Trump went out of his way to spent two nights at Turnberry, later charging his own Secret Service officers $1,300.
A Freedom of Information Act request showed that during former Vice President Mike Pence's 2019 stay at Doonbeg—which was encouraged by Trump, according to Pence's chief of staff—the resort charged the Secret Service more than $15,000.
The then-president and members of his administration mentioned Turnberry, Doonbeg, and Aberdeen at least 50 times during Trump's four years in office, with Trump referring to Turnberry as "magical" at the NATO summit in 2018 and talking to local officials in Ireland about Doonbeg's impact on the economy in 2019.
He reportedly "boasted" about Turnberry frequently in conversations with former U.K. Prime Minister Theresa May, and pushed the U.S. ambassador to Britain, Robert Wood Johnson IV, to lobby for the British Open golf tournament to be held at the resort.
At the time of the latter incident in 2020, Norman Eisen, former special counsel for ethics for President Barack Obama, called Trump's actions "diplomatic malpractice."