August, 11 2020, 12:00am EDT
Advocates and Voters File to Intervene in Pennsylvania Democrats' Election Lawsuit
HARRISBURG, PA
Four nonpartisan advocacy groups and three voters from Allegheny County today asked a state court in Pennsylvania to rule that they may intervene in an election-related lawsuit filed by the state Democratic Party.
Black Political Empowerment Project, Common Cause Pennsylvania, the League of Women Voters of Pennsylvania, Make the Road Pennsylvania, and the three voters have told the court that they believe that their interests are broader and possibly divergent from both the Democrats and the Department of State.
Through the lawsuit, the intervenors are seeking clarification of several elements of vote-by-mail processes in Pennsylvania, including the need for mail-in and absentee ballot drop boxes and extending the deadline for receiving mail-in and absentee ballots.
The intervenors are represented by the American Civil Liberties Union, ACLU of Pennsylvania, Lawyers' Committee for Civil Rights Under Law, Public Interest Law Center, and the law firm WilmerHale.
"Our interest is the right to vote for all eligible voters. Period," said Reggie Shuford, executive director of the ACLU of Pennsylvania. "The state should be implementing practices that guarantee the vote for everyone, not considering those that do the opposite."
In their filings, the advocates and voters argue that current state law allows counties to provide secure drop boxes for people to submit their absentee and mail-in ballots. That issue is in dispute in this case, as well as a federal lawsuit filed by President Trump's campaign in a court in western Pennsylvania.
"The key mission of the Black Political Empowerment Project is that African Americans vote in each and every election. We advocate that all people vote in each and every election. B-PEP will always stand strongly against any efforts, from any source, that goes against our community being able to fulfill our key mission to utilize the power of the vote, and its ability to impact the many problems which African Americans face on a daily and ongoing basis. The results of the November 3, 2020, presidential election may indeed profoundly affect the future of our African-American communities, both locally and nationally for years to come," said Tim Stevens, chairman and CEO of the Black Political Empowerment Project.
"Our government 'of the people' is stronger and more representative when every voter can participate -- and that means making sure voters have choices about how they can cast their ballot," said Suzanne Almeida, interim executive director of Common Cause Pennsylvania. "Drop boxes are a crucial option for voters who receive their absentee ballots too late to return them by mail. Without drop boxes, some people will be forced to choose between their health and their right to vote -- and no one should have to make that choice."
The June primary saw challenges in addressing the surge in applications for mail and absentee ballots. Because of this, advocates are also requesting that for the November 2020 general election, the deadline for returning ballots be extended to all ballots mailed by 8 p.m. on Election Day, as long as they are received by November 10, 2020.
"As a nonpartisan voting rights organization, the League seeks to intervene on behalf of voters in this case because the current parties explicitly cannot represent all voters," said Terrie Griffin, co-president of the League of Women Voters of Pennsylvania. "As our leaders wage political fights over our state's election laws, the League will push to make sure the perspective of voters is brought to the table."
"We're part of this lawsuit because everyone needs to be able to participate in our elections without barriers," said Ivan Garcia, director of community engagement atMake the Road Pennsylvania.
The three voters -- Patricia DeMarco, Danielle Graham Robinson, and Kathleen Wise -- are all regular voters who faced significant hurdles in trying to vote in Allegheny County during the state's primary election in June. DeMarco, Robinson, and Wise are all considered to be high risk for serious illness if they contract the novel coronavirus due to age or health conditions or both, based on guidelines from the Centers for Disease Control and Prevention.
All three attempted to vote by mail in the primary but faced numerous challenges. Robinson and Wise received their ballots so late that they were not confident that the U.S. Postal Service would deliver them by Election Day; DeMarco mailed her ballot but never received confirmation from the county that it was received.
"Pennsylvanians must be allowed to protect their health and their vote. Making them choose is a false choice, and we will continue to challenge obstacles that are placed in their way," said Sarah Brannon, managing attorney with the ACLU's Voting Rights Project.
Recent revelations of long delays in mail delivery by the U.S. Postal Service have compounded the intervenors' concerns, their attorneys said.
"Voters deserve a voice in litigation that will affect their access to the ballot box," said Ben Geffen, staff attorney at the Public Interest Law Center. "Our clients are seeking to intervene in this lawsuit to make the case for a mail-in voting system that is accessible and safe for all voters, including those in communities that have faced the deepest impacts of COVID-19."
"American voters are facing too many barriers when they seek to use their rights at the ballot box during this election cycle," said John Powers, counsel at the Lawyers' Committee for Civil Rights Under Law. "It should never be this difficult to vote in our democracy, especially during the global pandemic. The court should give these four nonpartisan organizations the ability to participate in this case, which raises critical issues about the accessibility of mail-in voting for all eligible citizens."
The lawsuit, Pennsylvania Democratic Party v. Boockvar, is pending in the Commonwealth Court of Pennsylvania.
Filings: https://www.aclu.org/legal-document/proposed-petition-review and https://www.aclu.org/legal-document/application-intervention
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
Complaints of Pregnant Patients Denied Emergency Care Surged After Dobbs
"MAGA abortion bans deny women lifesaving care," one critic said in response to reporting on patient stories.
Apr 19, 2024
New reporting from The Associated Press that complaints of pregnant patients turned away from emergency departments "spiked" after the reversal of Roe v. Wade sparked fresh condemnation of efforts to restrict abortion rights on Friday.
Since the right-wing U.S. Supreme Court ended nearly half a century of nationwide abortion rights with Dobbs v. Jackson Women's Health Organization in June 2022, over 20 states have enacted new restrictions on reproductive healthcare, creating a culture of confusion and fear at many medical facilities.
Early last year, the AP filed a public records request for 2022 complaints filed under the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal law that requires hospitals and emergency departments that accept Medicare to provide screenings to patients who request them and prohibits refusing to treat individuals with an emergency medical condition.
"This is the reality that extreme Republicans call 'pro-life.'"
"One year after submitting the request, the federal government agreed to release only some complaints and investigative documents filed across just 19 states," the AP's Amanda Seitz reported. "The names of patients, doctors, and medical staff were redacted from the documents."
"One woman miscarried in the lobby restroom of a Texas emergency room as front desk staff refused to admit her," the journalist detailed. "Another woman learned that her fetus had no heartbeat at a Florida hospital, the day after a security guard turned her away from the facility. And in North Carolina, a woman gave birth in a car after an emergency room couldn't offer an ultrasound. The baby later died."
According to Seitz:
Emergency rooms are subject to hefty fines when they turn away patients, fail to stabilize them, or transfer them to another hospital for treatment. Violations can also put hospitals' Medicare funding at risk.
But it's unclear what fines might be imposed on more than a dozen hospitals that the Biden administration says failed to properly treat pregnant patients in 2022.
It can take years for fines to be levied in these cases. The Health and Human Services agency, which enforces the law, declined to share if the hospitals have been referred to the agency's Office of Inspector General for penalties.
Responding to the reporting on social media, journalist Jane Mayer declared, "This is barbaric."
Texas Poor People's Campaign said that women in the state "are being left to die in ER waiting rooms. We cannot let this policy violence against women continue. Please join us as we mobilize voters for the '24 election."
Going into November, abortion has been a key issue at the state and federal level. Supporters of reproductive freedom are working to advance various ballot measures while Democratic President Joe Biden's campaign has highlighted his support for abortion rights and the presumptive Republican nominee, former President Donald Trump, has bragged about his role in reversing Roe—he appointed three of the six justices behind the majority opinion.
"MAGA abortion bans deny women lifesaving care," stressed Alex Wall, senior vice president for digital advocacy at the Center for American Progress. Citing examples from Texas and Florida in the AP report, he reiterated, "MAGA Republicans did this."
Congresswoman Becca Balint (D-Vt.) said that "this is the reality that extreme Republicans call 'pro-life'—pregnant women being turned away at hospitals and emergency centers. Absolutely disgraceful. No woman should ever be denied emergency care."
Slate's Mark Joseph Stern, who covers U.S. legal battles, noted that this "devastating and timely story" from Seitz comes "just days before the Supreme Court considers whether emergency rooms can legally force patients to the brink of death before terminating a failing pregnancy."
The high court is set to hear arguments in that case Wednesday. The Biden administration is challenging Idaho's near-total ban on abortion, which "would make it a criminal offense for doctors to comply with EMTALA's requirement to provide stabilizing treatment, even where a doctor determines that abortion is the medical treatment necessary to prevent a patient from suffering severe health risks or even death," as the U.S. Department of Justice's lawsuit explains.
The Justice Department is seeking a judgment that Idaho's law is invalid under the supremacy clause of the U.S. Constitution and "is preempted by federal law to the extent that it conflicts with EMTALA."
Keep ReadingShow Less
Progressives Oppose Israel Funding Advanced by US House
"Congress is shamefully choosing a failed approach of fueling genocide rather than saving Palestinian and Israeli lives," said Rep. Cori Bush.
Apr 19, 2024
Progressive lawmakers on Friday dissented as the Republican-controlled U.S. House advanced legislation to provide more military funding to Israel as well as Ukraine and Taiwan, with Rep. Cori Bush condemning a committee's refusal to consider an amendment aimed at securing a permanent cease-fire in Gaza.
The legislation passed a procedural hurdle in a vote of 316-94, placing votes for the separate aid packages and a bill calling for more humanitarian assistance to Gaza on the legislative agenda for Saturday.
Bush (D-Mo.) joined progressives including Reps. Ilhan Omar (D-Minn.), Rashida Tlaib (D-Mich.), and Alexandria Ocasio-Cortez (D-N.Y.) in opposing the legislation, with centrist Democratic Rep. James Clyburn of South Carolina also voting with the left-wing faction.
The Missouri Democrat condemned the House Rules Committee's refusal to consider an amendment she submitted along with Tlaib, which called for a lasting cease-fire, a release of all hostages in Israel and Palestine, and "diplomacy to secure self-determination for both Palestinians and Israelis."
"Congress is shamefully choosing a failed approach of fueling genocide rather than saving Palestinian and Israeli lives, releasing the hostages and others arbitrarily detained, and prioritizing peace in the region," said Bush.
The funding package includes $26.4 billion for Israel, purportedly to support "its effort to defend itself against Iran and its proxies" following Iran's retaliatory drone attack on Israel this week—to which Israeli forces responded with a limited attack on Friday.
The new military aid was passed on top of more than 100 weapons transfers the Biden administration has made to Israel since October 7. According to the Council on Foreign Relations, two of the transfers were reviewed by Congress and totaled about $250 million.
"Our country spends billions of tax dollars to maintain this apartheid state and support the continued ethnic cleansing of Palestinians," said Tlaib, the only Palestinian American member of Congress, in a statement on Thursday.
Rep. Becca Balint (D-Vt.) said she was "encouraged" that Democrats in Congress were able to secure more humanitarian aid for Gaza, where dozens of people have starved to death as Israel has blocked nearly the vast majority of aid shipments since October, but said the provisions do not "come close to meeting the desperate needs of the people in Gaza," particularly considering the United States' suspension of funds to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
"Americans will remember this moment," said Balint. "The United States must be firm in demanding a course correction from the Netanyahu government. Without a strong message against more offensive aid, the United States risks signaling support for an expanded offensive in Rafah, for an escalation with Iran, and for continued disregard for Palestinian life."
Omar called the funding package part of the U.S. government's "thinly veiled attempts to escalate an already very dangerous situation."
"What is needed most of all is a sober approach to de-escalation and conflict prevention," said the congresswoman. "Congress should be focused on efforts to de-escalate tensions—not inflame them."
Keep ReadingShow Less
US College Students Demonstrate in Solidarity With Palestinians, Columbia Protesters
"Columbia University made a huge mistake calling the cops on student protesters," said one educator. "It has transformed the activism of hundreds of students into a student movement of thousands."
Apr 19, 2024
Undeterred by Columbia University's sanctioning of a crackdown by the New York Police Department in which at least 108 people were arrested on Thursday for protesting Israel's war on Gaza, dozens of students continued to camp out on the campus' West Lawn Friday as solidarity protests cropped up at other schools across the country.
Students at the University of North Carolina, Chapel Hill (UNC) set up tents at a rally, while the Harvard College Palestine Solidarity Committee announced a walkout to express solidarity with "steadfast Columbia students" and emergency protests were announced at Boston University; Miami University in Oxford, Ohio; and Ohio State University.
"Columbia University made a huge mistake calling the cops on student protesters," said Jairo I. FĂşnez-Flores, a faculty member at Texas Tech University. "It has transformed the activism of hundreds of students into a student movement of thousands with millions around the world watching."
National Students for Justice in Palestine, whose Columbia University chapter was shut down late last year after members protested against the institution's investments in Israeli companies and partnership with Tel Aviv University, called on all of its chapters across college campuses to join in solidarity actions.
"The supposed power of these administrators pales in comparison to the combined strength of the students, staff, and faculty committed to realizing justice and upholding Palestinian liberation on campus," said the national group.
At the impromptu rally at UNC, students chanted, "No justice, no peace!"
The solidarity actions came a day after Columbia president Minouche Shafik authorized the police to dismantle an encampment set up by dozens of students. Shafik testified before a Republican-controlled U.S. House committee on Wednesday where the focus was antisemitism on the school's campus, and admitted she has not witnessed anti-Jewish protests at Columbia since Israel began its assault on Gaza last October.
After the students were arrested Thursday, one student Barnard College—which is part of Columbia—posted on social media an email she had received from vice president and dean Leslie Grinage about the suspension of several students.
The students were forced to leave their housing and have had their access to all campus facilities revoked during the suspension.
Several members of the press reported being denied entry to Columbia's campus on Thursday and Friday, prompting the university's journalism school to offer its assistance and reiterate its support for a free press.
Barnaby Raine, an historian earning his Ph.D. at Columbia, urged fellow educators at the Ivy League school to demonstrate solidarity with the student-led protests.
"As my employer, Columbia University, calls armed riot police into campus to smash a peaceful protest against a genocide, we must all speak out," said Raine. "My former students have been arrested. I'm proud of you. History will be too."
Actor, activist, and former New York gubernatorial candidate Cynthia Nixon, who graduated from Barnard, condemned the administrators' response to the protests.
"I am shocked and ashamed that [Barnard] and Columbia are violently crushing the right of students to peacefully protest," said Nixon. "This is not who we are. Both schools must immediately reinstate these students and protect their right to fight for a free Palestine."
Keep ReadingShow Less
Most Popular