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Monday, April 12, 2021

John Lewis’s Last Combat For Voting Rights

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As Congress debates the passage of a sweeping reform invoice concentrating on voting rights, marketing campaign finance, redistricting and ethics, Democrats within the Home and Senate have the identify of a colleague who’s not with them on their lips.

Rep. John Lewis, who died final yr, devoted his life to increasing and defending the best to vote. He was attacked for it. And he was elected, partially, to assist protect it. He finally helped write a part of the invoice that Democrats at the moment are pushing to enact.

“Let me shut with this,” Rep. John Sarbanes (D-Md.), the lead sponsor of the For the Folks Act, stated on the finish of his Home ground feedback March 2 earlier than the invoice’s closing passage, “John Lewis, who shouldn’t be with us anymore, fought for voting rights. He knew the vote was sacred. He instructed us to maintain our eyes on the prize. Immediately we do this.”

Lewis, a civil rights chief and Georgia Democrat, died on the age of 80 from issues associated to pancreatic most cancers on July 17, 2020. As the pinnacle of the Scholar Non-Violent Coordinating Committee, he was the youngest speaker on the March on Washington for Jobs and Freedom in 1963. In 1965, he led the march from Selma to Birmingham, Alabama, that left him with a damaged cranium after white cops assaulted the marchers. Congress responded to the “Bloody Sunday” assault by passing the Voting Rights Act. As a congressman representing Atlanta for 34 years, he got here to be referred to as the “conscience of Congress,” internet hosting members of each events for annual pilgrimages to the bridge in Selma the place, in his phrases, he “gave a bit of blood.”

In his eulogy for the late congressman, former President Barack Obama referred to as on politicians to “honor John” by not solely passing the John Lewis Voting Rights Development Act to revive the Voting Rights Act of 1965 but in addition “to make it even higher.” Obama referred to as for Congress to move laws to develop voting rights by making voter registration computerized, including polling places to remove lengthy traces to vote, restoring voting rights to ex-felons and making Election Day a nationwide vacation.

“We must always preserve marching,” Obama stated.



Former President Barack Obama provides the eulogy on the funeral service for Rep. John Lewis at Ebenezer Baptist Church on July 30, 2020, in Atlanta. 

Democrats now have their probability to comply with by way of on that promise.

Title I of the For the Folks Act, which is into consideration in key Senate committees, is sort of totally from Lewis’s Voter Empowerment Act, a invoice he launched in each Congress starting in 2012. The invoice expands voting alternatives by mandating states present for computerized voter registration, same-day and on-line voter registration, at the very least 15 days of early voting and no-excuse absentee voting. It additionally supplies protections for disabled voters, cash for updating election infrastructure, limits voter purges, requires states to open sufficient polling places to scale back lengthy traces and restores voting rights to ex-felons.

Heavy Republican opposition and a few Democrats’ dedication to preserving the filibuster stand in its manner. However Democrats and activists hope that they are going to do not forget that a revered colleagues’ phrases and trigger ― to not point out the numerous People whose voting rights could possibly be impeded with out Congress’s intervention ― are at stake. 

“It’s completely the case that his legacy lives on right here,” stated Stephen Spaulding, senior counsel for public coverage at Widespread Trigger, a nonpartisan nonprofit backing the For the Folks Act.

Voting Rights Underneath Assault

Lewis isn’t right here to see the newest huge wave of voter restriction payments launched by Republican legislators sweeping by way of statehouses throughout the nation, together with in his house state of Georgia. However they absolutely would come as no shock. 

In July 2011, he delivered a searing speech towards the slew of voter suppression laws on the time, spurred by false allegations of voter fraud after Obama received the 2008 presidential election.

“Voting rights are below assault in America,” Lewis stated. “There’s a deliberate and systematic try to forestall tens of millions of aged voters, college students, minority and low-income voters from exercising their constitutional rights.”

There have been key similarities then to what’s occurring now. Because the 2008 election reached its finish, Republican candidate John McCain claimed at the final presidential debate that Obama and the Democratic Celebration have been “now on the verge of perhaps perpetrating one of many biggest frauds in voter historical past on this nation, perhaps destroying the material of democracy.” The declare arose from conservative media, the place the community organizing group ACORN was said to be stealing the election after experiences revealed that a lot of its paid voter registration canvassers improperly stuffed out registration types in an effort to meet quotas.

A courtroom acquitted ACORN (the Affiliation of Group Organizations for Reform Now) of all legal fees associated to voter fraud in early 2011, nevertheless it was too late to cease the unfold of the voter fraud lie. Polls confirmed that over half of Republican voters believed that Obama stole the 2008 election with the assistance of ACORN. Republicans rode a midterm election wave in 2010 to energy in states throughout the nation and instantly went to work making it more durable to vote. At the least 19 states enacted new voter restriction legal guidelines in 2011.

AME Bishop Vashti McKenzie, Rep. John Lewis (D-Ga.) and Rep. Maxine Waters (D-Calif.) head down Atlanta's Martin Luther King



AME Bishop Vashti McKenzie, Rep. John Lewis (D-Ga.) and Rep. Maxine Waters (D-Calif.) head down Atlanta’s Martin Luther King Boulevard throughout the Preserve the Vote Alive March and Rally on Aug. 6, 2005. The historic 1965 Voting Rights Act is up for renewal in Congress.

“Consultant Lewis obtained these developments with alarm,” stated Wendy Weiser, vice chairman of the Brennan Heart for Justice, a bipartisan nonprofit that advocates for voting rights. “And clearly he had numerous expertise understanding the place that was coming from, the place that was going and what its risks have been. I believe that he fittingly took up that cost once more and stated we’re not going again.”

Lewis led the trouble to jot down laws to cease this new wave of voter restrictions on the state degree. He did so below a broader reform umbrella initiated by Home Speaker Nancy Pelosi (D-Calif.) to direct leading lawmakers in the Democratic Party caucus to craft solutions to so-called democracy issues: voting rights, marketing campaign finance reform and gerrymandering. Sarbanes, the lead sponsor of the For the Folks Act, was tasked with tackling marketing campaign finance points whereas Lewis took on voting rights.

However Lewis wasn’t ranging from scratch. The Voter Empowerment Act constructed off of the 2005 Rely Each Vote Act, launched by then-Rep. Stephanie Tubbs Jones (D-Ohio) and then-Sen. Hillary Clinton (D-N.Y.) in response to the panoply of issues that emerged within the 2004 election, which gave Republican George W. Bush a second time period. Their invoice contained most of the adjustments that Lewis would develop on, together with mandating early voting, requiring paper poll information, making Election Day a vacation, ending felon disenfranchisement and setting federal requirements for the variety of polling places and voting machines obtainable in every neighborhood.

To start, Lewis convened common roundtable discussions involving voting rights and civil rights teams and different congressional workplaces to gather and debate all potential concepts to make voting simpler and to scale back the specter of voter suppression techniques. Teams included the Brennan Heart, Widespread Trigger, the NAACP, the Authorized Protection Fund, the Mexican-American Authorized Protection and Schooling Fund, NALEO, The Development Venture, the Management Convention on Civil Rights Underneath Regulation, Asians Advancing Justice, and organizations representing Native American and disabled communities.

“I simply keep in mind it being a really iterative course of by which they labored very carefully with exterior teams to craft essentially the most sturdy invoice,” Spaulding, who was concerned within the roundtable discussions, stated. “Mr. Lewis was very concerned within the particulars, as was his workers.”

The broad coalition of voting and civil rights teams across the desk represented a recognition on Lewis’s half that the work of increasing voting rights within the twenty first century went past the twentieth century civil rights motion’s give attention to Black communities within the South.

Nicole Austin-Hillery, Human Rights Watch's first executive director for the United States, was among those who worked with L



Nicole Austin-Hillery, Human Rights Watch’s first government director for the USA, was amongst those that labored with Lewis’s workplace on the Voter Empowerment Act. 

“There was an understanding that this can be a broad-based drawback all through the nation,” stated Nicole Austin-Hillery, who labored with Lewis’s workplace on the invoice when she was head of the Brennan Heart’s workplace in Washington, D.C. “It’s not an issue that’s simply within the South. And it’s additionally not only a drawback that impacts African People, although I believe information would present that it predominantly impacts African People.”

The bill-writing course of was not restricted to discussions with Washington-based curiosity teams. Lewis, his workers and people teams spoke to voters within the states to find out about the true issues they’d with how their states performed elections.

“It was a mixture of not solely figuring out what the lawmakers thought the wants have been, however, most significantly, it was about figuring out what the voters’ tales have been, what their experiences have been after which looking for options that met the wants of the voters,” Austin-Hillery, who’s now government director of the U.S. program for Human Rights Watch, stated.

With Republicans in charge of the Home, Lewis’s invoice by no means made it out of committee.

The ‘Jim Crow Relic’ That May Stand In The Approach

Austin-Hillery went on her first pilgrimage with Lewis to Selma’s Edmund Pettus Bridge in March 2013, simply weeks after the U.S. Supreme Courtroom heard arguments within the Shelby County v. Holder case on the constitutionality of the Voting Rights Act’s pre-clearance part. In these arguments, Justice Antonin Scalia referred to as the landmark legislation handed in response to what transpired on that bridge a “perpetuation of racial entitlement.” The portentous arguments earlier than a courtroom with a majority of conservative justices appointed by Republican presidents for his or her opposition to voting rights legal guidelines hung heavy over the annual celebration of the battle for the franchise.

“I requested [Lewis] to explain for me how he felt when he was on that bridge when he was a younger man ― after they have been making an attempt the march for the primary time,” Austin-Hillery recalled.

“He defined how there was the unknown,” she stated. “That they didn’t know what was ready for them forward. However he shared that they knew that it doesn’t matter what lies forward they needed to transfer ahead. That they needed to battle as a result of there was nothing extra essential for an individual in the USA than having the ability to train their proper to vote. That was the best way that every individual had a voice.”

The Rev. Martin Luther King Jr., arm in arm with the Rev. Ralph Abernathy, leads marchers as they begin the march from Brown'



The Rev. Martin Luther King Jr., arm in arm with the Rev. Ralph Abernathy, leads marchers as they start the march from Brown’s Chapel Church in Selma, Alabama, on March 21, 1965. John Lewis, in a light-colored coat, joins the entrance line.

Three months later, Chief Justice John Roberts handed down the unknown. In a 5-4 resolution, Roberts struck down the Voting Rights Act’s pre-clearance formulation and declared that racism in America was no extra: “[T]he situations that initially justified these measures not characterize voting within the coated jurisdictions.”

States beforehand coated by the Voting Rights Act, these with a historical past of ballot-box discrimination, would now be capable of enact probably discriminatory legal guidelines with out the pre-clearance that meant having to run them by the Division of Justice for approval first. This ruling is why, at the moment, Republicans in Georgia can enact a legislation that reduces voting alternatives and makes it a misdemeanor at hand a voter ready in line a cup of water with out first present process a assessment to find out if the legislation will unfairly discriminate towards protected teams.

The choice additionally modified the voting rights agenda for Democrats in Congress. They now wanted to jot down laws to reauthorize the pre-clearance part of the Voting Rights Act in phrases that the conservatives on the Supreme Courtroom would abide. Rep. Jim Clyburn (D-S.C.) tapped Lewis and Reps. Terri Sewell (D-Ala.) and Bobby Scott (D-Va.) to develop a legislative repair for the courtroom’s resolution. That work would finally turn into the John Lewis Voting Rights Development Act.

However restoring the pre-clearance part would nonetheless not go so far as Lewis’s Voter Empowerment Act did in stopping voter suppression measures from being enacted.

“All of this was taken collectively,” Clyburn stated in regards to the mixture of the Voting Rights Act reauthorization and the Voter Empowerment Act.

However Lewis’s invoice didn’t transfer by way of the Republican-controlled Congress. In every new Congress, he launched a brand new model. And every new model contained updates primarily based on the brand new pathways that Republican legislatures have been discovering to limit voting entry.

“The method that Consultant Lewis took over time was to simply preserve refreshing the invoice to handle a very powerful issues and to make use of the perfect obtainable options primarily based on the expertise of what was really working within the states,” Weiser stated.

After Trump received election in 2016, Pelosi designated Sarbanes as the pinnacle of a Democracy Reform Process Pressure to bring together all of the legislation she had requested her caucus to provide you with again in 2011 into one invoice. This included Lewis’s Voter Empowerment Act. That invoice was launched because the For the Folks Act in 2019 after Democrats received management of the Home.

Home Democrats handed the For the Folks Act in 2019, nevertheless it was blocked by within the Senate by Republicans. The Home handed it once more on March 3. This time it is going to be thought-about by the Senate since Democrats received management of the chamber by the slimmest of majorities thanks partially to victories in each Georgia Senate races. Democrats are additionally introducing a standalone model of Lewis’s Voter Empowerment Act, now referred to as the John R. Lewis Voter Empowerment Act, sponsored by Clyburn and Rep. Nikema Williams (D-Ga.) within the Home and Sens. Kirsten Gillibrand (D-N.Y.) and Raphael Warnock (D-Ga.).

When Obama referred to as on lawmakers to “honor John” in his eulogy for the late congressman, he requested that they move the reauthorization of the Voting Rights Act, now named for Lewis, and voting rights reforms which can be contained within the very invoice Lewis authored. And he had sharp phrases for the Senate in the way it ought to go about enacting these legal guidelines.

“[I]f all this takes eliminating the filibuster, one other Jim Crow relic, in an effort to safe the God-given rights of each American, then that’s what we should always do,” Obama stated.

The Senate is now barreling towards a showdown over the chamber’s filibuster guidelines because it considers the For the Folks Act. In the intervening time, the invoice requires 60 votes to beat a Republican-led filibuster. With Democrats controlling solely 50 seats, it’s unlikely to turn into legislation with out adjustments to the filibuster guidelines. 

Senate Democrats will quickly be confronted with whether or not they are going to let Lewis’s final voting rights push be felled by a filibuster, as so many civil rights payments have been earlier than, or if they are going to heed Obama’s name.

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