Bush & Co. may be gone, and few Americans may ever want them back; and the
Republicans may be dispersed and howling in the 
wilderness; but if you think they're
done, you'd better think again, because, as ever, 
they are hard at work subverting
the electoral process in order to ensure 
themselves more "victories" on Election
Days to come.

Here, for example, is a piece about the first step by the Supreme Court--i.e.,
the Bush Quintuplets on that bench--toward evisceration of the Voting Rights
Act, which has variously served to hobble their advance. By the time Roberts
et al. are done with it, that law will offer 
merely nominal protection of democracy,
somewhat like the Stalin Constitution.

Nor is this the only front on which the GOP 
intends to "rise again," as the expression
has it. While Obama and his party sleep, the GOP is also passing voter ID laws
throughout the states, so as to disenfranchise 
still more Democrats and independents
(and rational Republicans), and thereby to retain 
sufficient power to keep the nation,
and the planet, hurtling down the most disastrous path.

And, as ever, the Republicans are out there 
charging that the Democrats are stealing
votes--Michael Steele now charging that Al Franken stole Norm Coleman's
Senate seat, as if it weren't Team Coleman that 
did everything they could to steal
the race from Franken (who, as usual, and like 
most of his fellow partisans, wouldn't
even notice it, much less mention it).

Forget the Democrats and the Republicans. It's 
way past time for all real democrats
and real republicans to face the truth about American elections--including the
most recent one, which Pres. Obama won by a far larger margin than we think.

MCM


Court Refuses to Expand Minority Voting Rights

Monday 09 March 2009

by: Mark Sherman   |  Visit article original @ The Associated Press


<http://www.truthout.org/031009M>http://www.truthout.org/031009M

     Washington - The Supreme Court limited the 
reach of the Voting Rights Act on Monday, a 
decision that could make it harder for some 
minority candidates to win election when voting 
districts are redrawn.

     In a 5-4 decision, the justices ruled that 
the law cannot be used to create voting districts 
favorable to the election of minority candidates 
unless at least half the population is minority.

     The decision could make it more difficult for 
Democrats, particularly in the South and 
Southwest, to draw electoral boundaries friendly 
to black or Hispanic candidates following the 
2010 Census.

     With the court's conservatives in the 
majority, the court ruled that North Carolina 
erred when trying to preserve the influence of 
African-American voters even though they made up 
just 39 percent of the population in a state 
legislative district.

     While not a majority, the black voters were 
numerous enough to effectively determine the 
outcome of elections, the state argued in urging 
the court to extend the civil rights law's 
provision to the district.

     The state said the district should be 
protected by the section of the law that bars 
states from reducing the chance for minorities to 
"elect representatives of their choice."

     Justice Anthony Kennedy, announcing the 
court's judgment, said the court had never 
extended the law to those so-called crossover 
districts and would not do so now. The 50 percent 
rule "draws clear lines for courts and 
legislatures alike," Kennedy said in ruling 
against the North Carolina district.

     In 2007, the North Carolina Supreme Court had 
struck down the district, saying the Voting 
Rights Act applies only to districts with a 
numerical majority of minority voters. The 
district also violated a provision of the state 
constitution keeping district boundaries from 
crossing county lines, the court said.

     Kennedy said that, absent prohibitions like 
North Carolina's rule against crossing county 
lines, "states that wish to draw crossover 
districts are free to do so." But they are not 
required, he said.

     Chief Justice John Roberts and Justice Samuel 
Alito signed onto Kennedy's opinion. Justices 
Antonin Scalia and Clarence Thomas agreed with 
the outcome of the case.

     The four liberal justices dissented. A 
district like the one in North Carolina should be 
protected by federal law "so long as a cohesive 
minority population is large enough to elect its 
chosen candidate when combined with a reliable 
number of crossover voters from an otherwise 
polarized majority," Justice David Souter wrote 
for himself and Justices Stephen Breyer, Ruth 
Bader Ginsburg and John Paul Stevens.

     Ginsburg also suggested that Congress could 
amend the law to cover districts like the one in 
North Carolina.

     Civil rights groups that urged the court to 
uphold the North Carolina plan said such 
districts help to diminish racially polarized 
voting over time because the candidate who is the 
choice of black or Hispanic voters must draw some 
white support to win election.

     In April, the court will hear a more 
significant challenge to another provision of the 
Voting Rights Act, requiring all or parts of 16 
states with a history of racial discrimination to 
get approval before implementing any changes in 
how elections are held.

     The court's familiar ideological split in 
this case strongly suggests that Kennedy could 
hold the key to the outcome in the April case as 
well, said Nathaniel Persily, an election law 
expert at Columbia University.

     In another election-related case, the court 
let stand an appeals court decision that 
invalidated state laws regulating the ways 
independent presidential candidates can get on 
state ballots.

     Arizona, joined by 13 other states, asked the 
court to hear its challenge to a ruling throwing 
out its residency requirement for petition 
circulators and a June deadline for submitting 
signatures for independent candidates in the 
November presidential elections.

     Independent presidential candidate Ralph 
Nader sued and won a favorable ruling from the 
9th U.S. Circuit Court of Appeals in San 
Francisco.

     --------

     The cases are Bartlett v. Strickland, 07-689, and Brewer v. Nader, 08-648.

ยป

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