PEACE ON EARTH

GOODWILL TOWARD ALL MEN, WOMEN AND CHILDREN, BORN AND UNBORN

Tuesday, April 07, 2009

Ciao Nino







Once upon a time in a sleepy state called Texas there was a community of mostly latinos who wanted to vote mostly for a Latino. But the town fathers didn't want no more wetbacks in the legislature.
So they figured out a way to keep them out. The mostly Mexican origin latinos have a practice that venerates "Our Lady of Guadeloupe." On the Feast Day of "Our Lady of Guadeloupe" the entire town celebrates joyfully. Mothers prepare food, cooking all morning, people get together for Mass, they have parades and festivities with pinatas and bright balloons and streamers and a statue of the Blessed Virgin parading through the town. It's a huge big happy day-all day. They love the Virgin. She is deemed the Patron Saint of all the Americas-including the US. Some Catholics think her Feast Day should be a national holiday.

The anglo town fathers used it to their advantage. They scheduled election day on the Feast Day of Our Lady of Guadeloupe.---For the blatant in-your-face purpose of disenfranchising anyone who would rather be at the festivities than stand in line to vote for three hours. No early voting.

Before the Supreme Court on April 29th is the matter of Congressional authority to extend Section 5 of the Voting Rights Act. This basically provides that any changes to voting procedures must first be run through the Justice Department (or a panel of DC Circuit Judges I think) to make sure that there is no discriminatory intent or effect.
Here's another Texan trick of the trade I personally witnessed when helping some old folks get to the polls. The poll workers asked if you were democrat or republican (and could see how they registered). If you were a democrat they told you that you had to go to the Office of Taxation and Revenue to first get a certification that you did not owe back taxes. People who did owe back taxes were intimidated and just left. This of course was done without any preclearance, but operated to deprive mostly poor people from voting who were thought to be inclined to vote for the Democratic candidates.

This is really not a partisan issue. It is an everyman Democracy issue. Every lawyer has a sworn obligation to uphold and defend the US Constitution. The US Constitution itself in the 15th Amendment (section 2) makes very clear that of course, Congress has the authority to make any laws that stop discrimination in Voting Rights.

This one is a no brainer fellas (and Madam Ginsberg). Obviously Section 5 of the Voting Rights Act should be upheld.

I am a fan of the Akin Gump Supreme Court blog:

Northwest Austin Municipal Utility District v. Holder (08-322). That case is now set for hearing on the last argument day of the Term, April 29. In that case, the federal government lawyer will be dividing time with an attorney representing minority Texas voters and local Texas branches of the NAACP.

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