In a vote of 7-1 on Monday, the Supreme Court sent an affirmative action case, Fisher v. University of Texas, back to the lower court for a re-hearing, while reaffirming the benefits of diversity in institutions of higher learning and authorizing the continued use of race as one factor in admissions. By sending the case back to determine if the University of Texas could find no “available, workable race-neutral” alternatives available to them, Justice Ruth Bader Ginsberg explained the court did not issue a strong enough support for affirmative action. I agree. By virtue of our nation’s not-so-distant history, race simply is a factor that should be considered.
For nearly 250 years, blacks were bought and sold like cattle and carriages on auction blocks across America. When the Atlantic slave trade was outlawed in 1807, the U.S. bred slaves to reinforce the fundamental source of its wealth: free labor. When shackles fell from the wrists and legs of black men, women, and children — and the Reconstruction Era took hold — black families thrived and held public office. Then, for the next 80 years, thousands of white men in the South covered their faces with sheets, burned crosses, lynched 3,445 black men, women, and children, and instituted a web of laws that made it nearly impossible for blacks to vote, attain equal education, or own a home of much worth. At the same time in the North, blacks, Latinos, and Asians were redlined into urban ghettos where access to good housing, competitive education, adequate health care, effective law enforcement, and gainful employment was scarce.
When did this reign of terror against African-Americans end? The Civil Rights Act of 1964 and Voting Rights Act of 1965 outlawed so-called “Jim Crow” laws that had blocked blacks from voting and legally reinforced racial segregation. The acts laid the foundation for legal recourse against all manner of discrimination from that day to present.
Now consider this: We have made only two generations of progress after 17 generations of comprehensive, structural, systematized, and racialized oppression. And the effects of that oppression still haunt us today.
In a 5-4 decision, the Supreme Court today struck down a key section of the Voting Rights Act of 1965 that targeted states with histories of racial discrimination, saying the formula for choosing the states subject to "preclearance" is "based on 40-year-old data." The court's decision states that Congress can revise the formula under which it decides which jurisdictions are subject to oversight:
"Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions," the decision reads.
Congress could have updated the coverage formula at that time, but did not do so. Its failure to act leaves us today with no choice but to declare §4(b) unconstitutional. The formula in that section can no longer be used as a basis for subjecting jurisdictions to preclearance. Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting found in §2. We issue no holding on §5 itself, only on the coverage formula. Congress may draft another formula based on current conditions. …
Read the full decision HERE.
This week the U.S. Supreme Court is expected to hand down decisions on two significant cases for same-sex marriage: United States v. Windsor (regarding the Defense of Marriage Act, or DOMA), and Hollingsworth v. Perry (regarding California’s Proposition 8).
At the Supreme Court this morning, an expectant crowd gathered hoping to catch the decisions firsthand. Most in attendance were visibly supportive of same-sex marriage, and many were cautiously optimistic that the Court would strike down DOMA, Proposition 8, or both.
See our slideshow and interviews with those gathered at the Supreme Court, below.
A bishop in Sicily has issued an unprecedented decree that says convicted mobsters will be denied a church funeral.
The measure was announced on Saturday by Bishop Antonino Raspanti, during a meeting with Italy’s justice minister, Anna Maria Cancellieri.
Churches in the Diocese of Acireale will refuse to celebrate funerals for mobsters who have been convicted with a final sentence in Italy’s three-tier court system, and who have shown no sign of repentance before death, according to the decree.
The throngs of demonstrators who flock to the grassy knoll outside the North Carolina Statehouse each Monday know the drill.
They listen to a fiery speech denouncing the Republican majority’s legislative actions. They sing freedom songs and chant civil rights slogans. Then they march two by two into the legislative building to be handcuffed by police and arrested for failing to obey orders to disperse.
Leading them in this weekly rite of nonviolent civil disobedience is the Rev. William J. Barber II, president of the state’s NAACP chapter. Since assuming the state presidency eight years ago, he has waged numerous battles challenging local and state governments to extend educational opportunities, broaden the voting base, provide health care, and more generally lift up the poor.
Nine foreign climbers in the Himalayas in a remote part of northern Pakistan were killed Saturday night by a unit of the Pakistani Taliban. A Taliban spokesman claimed the killings were by a new unit set up to send a message against drone strikes by attacking foreigners. Al Jazeera reported:
“Taliban spokesman Ehsanullah Ehsan telephoned the AFP news agency to say that the killings were intended to avenge the death of the second in command of the Tehreek-e-Taliban (TTP) in a US drone strike late last month.
"We did it and we claim responsibility for this attack," Ehsan said in the call from an undisclosed location.
"One of our factions, Junood ul-Hifsa, did it. It is to avenge the killing of Maulvi Wali ur-Rehman," he said.
"We want to convey to the world that this is our reply to US drone attacks," he added.”
Read more here.
Dozens of peace activists walked into Des Moines, Iowa, yesterday, following a nearly 200-mile march from Rock Island, Ill. The march ended with a rally at the gate of the Iowa Air National Guard's 132nd Fighter Wing, where drone pilots will soon be trained. The Des Moines Register reported:
“Dozens of protesters walked during each leg of the march, which was organized by the Chicago-based Voices for Creative Nonviolence. The group covered about 15 miles a day, camping and staying in host houses along the way.
“Organizers said the march was also to protest the development of drone technology at the Quad Cities Manufacturing Lab in Rock Island. According to a company brochure, the lab manufactures UAV, or unmanned aerial vehicle, engine components.”
Read more here.