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Supreme Court Rejects North Carolina Discriminatory Voting Law

0 for 4, it looks that NC Racist Republican led Legislature is out of luck… again.

Up Next is the North Carolina Racist Republican Gerrymandering of districts.

Likely up by this fall is the legality of stripping Education Funding from Democrat and minority districts.

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Supreme Court won’t review decision that found N.C. voting law discriminates against African Americans

The Supreme Court will not consider reinstating North Carolina’s 2013 voting law that a lower court ruled discriminated against African American voters, the justices said Monday.

A unanimous panel of the U.S. Court of Appeals for the 4th Circuit had found in 2016 that North Carolina legislators had acted “with almost surgical precision” to blunt the influence of African American voters.

Although Chief Justice John G. Roberts Jr. took pains to note that the court’s decision did not reach the merits of the case, Democrats, civil rights groups and minority groups celebrated the demise of the law. It was one of numerous voting-rights changes passed by Republican-led legislatures in the wake of the Supreme Court’s 2013 decision striking down a key section of the Voting Rights Act that effectively removed federal oversight of states with a history of discrimination.

“This is a huge victory for voters and a massive blow to Republicans trying to restrict access to the ballot, especially in communities of color,” said Democratic National Committee Chairman Tom Perez.

The appeals court did not allow the law to be used in the 2016 election, and voters replaced Republican governor Pat McCrory with Democrat Roy Cooper.

Cooper and the state’s new Democratic Attorney General Josh Stein told the Supreme Court they did not want to appeal the lower court’s decision that the law violated the Constitution and the Voting Rights Act.

“We need to be making it easier to vote, not harder — and the court found this law sought to discriminate against African-American voters with ‘surgical precision,’ ” Cooper said in a statement after the Supreme Court acted. “I will continue to work to protect the right of every legal, registered North Carolinian to participate in our democratic process.

As is its custom, the justices did not give a reason for declining to review the lower court’s decision. But in an accompanying statement, Roberts noted the particular circumstances of the appeal, in which the Republican legislative leadership attempted to continue the appeal and the Democratic governor and attorney general sought to abandon it.

“Given the blizzard of filings over who is and who is not authorized to seek review in this court under North Carolina law, it is important to recall our frequent admonition that ‘the denial of a writ of certiorari imports no expression of opinion upon the merits of the case,’” Roberts wrote.

Last summer Roberts and the court’s other conservatives — Justices Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr. — said they would have allowed the law to be used in the 2016 elections while the appeals continued.

But they were unable to find a necessary fifth vote from one of the court’s four liberals.

The battle against the law, considered one of the nation’s most far-reaching, consumed years of litigation by the Obama administration and a wide coalition of civil rights organizations.

“An ugly chapter in voter suppression is finally closing,” said Dale Ho, director of the ACLU’s Voting Rights Project.

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“Today we experience a victory for justice that is unimaginably important for African Americans, Latinos, all North Carolinians, and the nation” said Rev. Dr. William J. Barber II, president of the North Carolina NAACP, the lead organizational plaintiff in the case.

North Carolina legislative leaders did not immediately respond to a request for comment about what the next step may be.

The Supreme Court will soon rule on a case about whether the state’s congressional districts were racially gerrymandered, as a lower court found. And federal judges have also said the state must redraw state legislative districts for the same reason. That decision is being appealed.

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In the voting rights case, a unanimous panel of the 4th Circuit on July 29 agreed with allegations from the Justice Department and civil rights groups that North Carolina’s bill selectively chose voter-ID requirements, reduced the number of early-voting days and changed registration procedures in ways meant to harm African Americans, who overwhelmingly vote for the Democratic Party.

“The new provisions target African Americans with almost surgical precision” and “impose cures for problems that did not exist,” Judge Diana Gribbon Motz wrote for the panel. “Thus the asserted justifications cannot and do not conceal the state’s true motivation.”

 

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Could You Pass the Voting “Literacy Test”?

Under the Chumph and Republicans we are headed bak to the days of Literacy tests to deny minority voting rights. The following is one such test of black voters used by Louisiana, Of course there were few schools for black children, which racists insisted played no part in being able to pass the test. Remember – one wrong answer, in the 10 minutes allotted to complete the test means you aren’t smart enough to vote… This test was sourced form the Veterans of the Civil Rights Movement site which contains a lot of information as well as historical artifacts. Go there, it is well worth a visit.

Voting Test 1

 

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Federal Court Orders New Elections in North Carolina Due to Racial Gerrymandering

Looks like there was more than just vote tampering going on in North Carolina…

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Federal court orders North Carolina to hold special 2017 elections after ruling “racial gerrymander” of districts unconstitutional

NC lawmakers must redraw legislative map that won the GOP veto-proof majorities despite losing 2012’s popular vote

North Carolina lawmakers have been ordered by a U.S. federal court to redraw 28 state House and Senate districts and to hold a special legislative election next year after the court struck down the state’s legislative map as an unconstitutional “racial gerrymander.”

A three-judge panel of the Middle District Court ruled Tuesday that the Republican-drawn legislative map had illegally packed African-American and Hispanic voters into a few districts, ruling that 28 of them were unconstitutional racial gerrymanders. The judges found North Carolina’s legislative districts to be so racially biased that they are forcing the state to redo its elections next year.

In an 83-page ruling last summer, the same three-judge panel found that Republican lawmakers’ “new provisions target African Americans with almost surgical precision.” While the court ruled at the time that 28 of the General Assembly’s 170 districts were illegal racial gerrymanders, it decided it was too late in the election cycle to redraw new maps and hold elections in November. On Tuesday, the judges ordered lawmakers to redraw its own districts by March 15, meaning those elected to the state House and Senate a few weeks ago in districts ordered to be redrawn would serve just one year, not two as expected.

“This gives the state a total of seven months from the time the districts were held to be unconstitutional, which is longer than it took the 2011 legislature to redistrict the entire state,” read the order by Judges James Wynn, Thomas Schroeder and Catherine Eagles. The ruling also requires lawmakers to submit new maps to the court within seven days of passage.

This is a major blow to Republican control of the state legislature in North Carolina.

Democrats in North Carolina carried the popular vote for Congress and won a 7-6 majority in the state’s House delegation in the 2010 election, under the redistricting plan drafted by Democrats in 2001. As Executive Editor of the non-partisan, non-profit ReclaimTheAmericanDream.org, Hedrick Smith, explained, in 2012, Democratic House candidates again won a statewide popular vote majority for the House, but a new gerrymandered map drawn by the Republican-dominated legislature allowed the GOP to emerge with 9 seats to 4 for the Democrats. Republican state lawmakers  managed to win veto-proof majorities in North Carolina despite losing the popular vote in 2012, by drawing up such racially gerrymandered districts to dilute the power of voters of color.

 
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Posted by on November 30, 2016 in Second American Revolution, The New Jim Crow

 

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The New Jim Crow – Voter Disenfranchisement

The New Jim Crow…Just like the Old Jim Crow, only sneakier.

 
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Posted by on November 7, 2016 in The New Jim Crow

 

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NAACP Sues North Carolina

Hmmmmmmm….At Last! North Carolina has been arbitrarily cancelling voter registrations. You can guess in one of whose registrations are being cancelled.

North Carolina NAACP Sues State Over Voter Suppression

Thousands of voter registrations have been canceled with barely a week to go to Election Day.

The North Carolina NAACP has filed a federal lawsuit to stop county election boards in the state from canceling voter registrations ― in what the group argues is an effort by the state Republican Party to suppress the black vote.

Thousands of voter registrations have already been canceled by election boards in Beaufort, Moore and Cumberland counties because a mailing to the voters’ addresses was returned as undeliverable.

“The Tar Heel state is ground zero in the intentional surgical efforts by Republicans — or extremists who have hijacked the Republican Party — to suppress the vote of voters,” said Rev. William Barber, the North Carolina NAACP president, on Monday. “The NAACP is defending the rights of all North Carolinians to participate in this election.”

The NAACP is also seeking to have the canceled registrations restored.

Many of the voters still live at the addresses listed on their voter registrations or have moved to other residences within the same county, meaning they can still vote in that county, according to the NAACP lawsuit. The complaint argues that canceling those registrations was a violation of the National Voting Registration Act.

Under the NVRA, states may cancel registrations only if a voter provides written notice of a change in address or if a voter does not respond to a notice for two election cycles and fails to vote for two federal election cycles. The act also bars states from removing voters from the rolls 90 days or less before a federal election.

“Voter fraud is not the issue. But voter suppression is real, it’s planned, it’s intentional, and it’s ongoing against the African-American community,” Barber said Monday.

African-Americans have been disproportionately affected by the cancellations. Black voters account for 91 of the 138 canceled registrations (or over 65 percent) in Beaufort County, according to the North Carolina NAACP, even though black people are only 25.9 percent of that county’s population.

At least 3,951 registrations were canceled in Cumberland County, and around 400 were canceled in Moore County.  …Read the Rest Here

 
 

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Black Voter Suppression Law in North Carolina Tossed By Supreme Court

Thank you Justice Scalia for dying. At least if not soon enough, at least in my lifetime.

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Supreme Court Denies North Carolina’s Plea To Restore Swath Of Voting Restrictions

The state won’t be able to enforce them come Election Day.

The Supreme Court on Wednesday rejected a last-ditch request from North Carolina to reinstate a controversial set of voting restrictions that would have taken effect in the lead-up to the November election.

In a one-sentence order that did not include any reasoning, the high court declined the state’s petition, which sought to put on hold a July ruling that found the voting law discriminated against African-Americans and compared it to a relic of the Jim Crow era.

The state failed to convince at least five justices that three provisions of the contested law ― its voter ID requirement, cutbacks to early voting and elimination of pre-registration for certain under-18 voters ― were worth putting back on the books. The state had argued the measures were necessary to avoid “confusion” that might keep people away from the polls.

But three justices ― Chief Justice John Roberts and Justices Anthony Kennedy and Samuel Alito ― did note that they would’ve granted the state’s request, at least with respect to voter ID and early voting. Justice Clarence Thomas, for his part, would’ve granted North Carolina’s petition in full.

In essence, this means the Supreme Court voted 4-to-4 in the dispute, with Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan swinging against the state. A ninth conservative member in the mold of the late Justice Antonin Scalia might have given North Carolina a key victory.

In legal filings, Civil rights groups had countered that the state’s own prior assurances in court plus “on-the-ground activity” by election officials ― including preparations at the county level to comply with the July ruling ― flew in the face of the state’s insistence that there was not enough time to get things in order for Election Day.Image result for voter suppression

“Now, almost a month after the Fourth Circuit’s ruling, State and local elections officials have taken nearly all of the steps to comply with that ruling,” the voting rights groups said in a brief opposing North Carolina’s request.

The Obama administration, which in 2013 suffered a big loss when the Supreme Court did away with a key section of the Voting Rights Act of 1965, filed its own brief urging the justices to deny the state’s plea, and to not read too much into arguments in favor of a law that was properly found to be discriminatory.

The Supreme Court’s move is a significant setback for Gov. Pat McCrory (R), who had defended the law’s voter ID requirement as “common sense” and vowed to seek emergency relief from the high court soon after the U.S. Court of Appeals for the 4th Circuit struck it down.

But McCrory didn’t follow through on his promise: It took the state 17 days to ask the Supreme Court to inspect the ruling ― a delay that may have played a role in the court’s action on Wednesday.

 
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Posted by on August 31, 2016 in The New Jim Crow

 

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The New Jim Crow – Ben Jealous Hammers New Voter ID Laws

Part of the Republican strategy to defeating President Obama in 2012 – is to reduce the number of black and brown voters.

The last time this strategy was successful was in 2004, when black precincts were denied the number of voting machines required to handle the traffic in Ohio. And we won’t get into the voter role purges of 2000 assisting in the illegitimate presidency of George Bush.

NAACP head likens voter ID measures to Jim Crow

The head of the nation’s oldest and largest civil rights group on Monday condemned state laws requiring photo identification of voters as an attempt to disenfranchise minorities through some “of the last existing legal pillars of Jim Crow.”

NAACP President Benjamin Jealous said a wave of newly enacted photo-ID requirements stemmed from what he saw as “the worst and most racist elements” in conservative Tea Party groups that have immersed themselves in state politics since the 2010 elections.

He compared photo ID laws to poll taxes and other past restrictions — since struck down by the courts — designed to keep blacks from voting in the segregated Deep South. And he said the latest measures were part of a racial backlash against the 2008 election of President Barack Obama.

“Our voting rights are under attack because a few years ago, we had a great breakthrough in this country,” Jealous said in a speech at the 102nd annual NAACP convention, held in Los Angeles. “We broke the color line at the White House.”

He said the NAACP would mount education campaigns aimed at preventing minorities and the poor from being disenfranchised.

Supporters of photo ID laws, backed mainly by Republican legislators and governors, say they are aimed at thwarting election fraud and are no more discriminatory than requiring IDs for cashing a check or making credit-card purchases.

 

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