-Caveat Lector-

http://www.washingtonpost.com/wp-dyn/articles/A57885-2000Dec11.html

Let the Count Continue

By Jesse L. Jackson and John J. Sweeney

Tuesday, December 12, 2000; Page A47

Today the Supreme Court may be poised to find that some or all
aspects of a manual recount in Florida violate the equal
protection clause of the 14th Amendment to the U.S. Constitution.

It's too soon to say that a majority of the justices is bent on
keeping all the votes from being counted. But it's not too soon
to note the disturbing irony of the Bush campaign and Justice
Antonin Scalia pointing to the equal protection clause as the
reason not to count tens of thousands of ballots
disproportionately cast by African Americans in Florida. The hand
count ordered by the Florida Supreme Court was, in fact, the only
small remedy for the massive violation of the promise of equal
protection that happened in Florida on Election Day.

Can anyone deny that hundreds of thousands of Florida voters have
already been denied the equal protection of the laws? Wasn't that
what happened when voters in predominantly minority communities
had to vote using antiquated machines that weren't properly
maintained? When they were given misleading ballots with faulty
instructions? When they had to brave police checkpoints to get to
their polling stations? When polling stations were moved in the
middle of the night? When minority voters' registration
applications weren't processed and when longtime voters had their
names illegally removed from the voting rolls?

And don't forget--while the state of Florida's election
authorities did everything they could to place obstacles in the
way of African American and other minority voters, other election
officials in Florida were conspiring with the Republican Party to
make sure that no matter what mistakes white Republican voters
made on their absentee ballot applications, those voters would
still get a ballot.

There were dozens of gross injustices in the Florida election.
The huge number of undervoted ballots, concentrated in minority
precincts across Florida, was the only one for which there
appeared to be a partial remedy--and that remedy was the recount
ordered by the Florida Supreme Court on Friday. For all the
rest--the police blockades and the midnight moves of polling
places, the discriminatory purges--there is going to be no
remedy.

Now it appears, from the words of Justice Scalia, that the only
meaning of the equal protection clause is that there must be no
remedy at all for those who have been discriminated against.

The final irony is that the equal protection clause was added to
the Constitution of the United States after the Civil War for the
express purpose of protecting African Americans against the
efforts of state officials in Florida and other states of the
South to deny emancipated slaves the equal protection of the
laws. Now we are poised to have those fine, noble words become
the excuse used not only to thwart the will of the people of the
United States as to who should be president but to ensure that
the efforts of state officials to disenfranchise the descendants
of slaves will succeed.

There are lots of reasons for the Supreme Court to let the count
continue--deference to the Florida courts' interpretation of
Florida law and the sanctity of the right to vote and have that
vote counted among them. But if it comes down for the justices to
the 14th Amendment and the promise of equal protection, one can
only hope for the sake of the country that they consider how not
counting all the votes mirrors too closely the habits of heart
and mind that brought us slavery and segregation--the original
sins of our nation that the equal protection clause sought to
repair.

The Rev. Jesse L. Jackson is president and founder of the
Rainbow/PUSH Coalition. John J. Sweeney is president of the
AFL-CIO.

© 2000 The Washington Post Company

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             Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT

  FROM THE DESK OF:
                     *Michael Spitzer*  <[EMAIL PROTECTED]>
                      ~~~~~~~~~~~~~~~
  The Best Way To Destroy Enemies Is To Change Them To Friends
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