Experts say the move will make it harder for Democrats and civil rights groups to bring legal challenges against the increasing number of restrictive voting laws being implemented by Republican governors.
SCOTUS Rules on Arizona Voting Restrictions
The Supreme Court on Thursday upheld voting restrictions in Arizona in a decision that experts say will make it harder to challenge the increasing number of election laws imposed by Republican-led states.
The 6-3 ruling, which all three liberal justices dissented to, centered around two regulations in Arizona that are common nationwide. The first allows the state to toss out the ballots that are cast in the wrong precinct, while the second restricts people from collecting and returning ballots cast by others — a practice often called “ballot harvesting.”
Republicans in the state claimed the policies were needed to prevent fraud, but Democrats sued in 2016, arguing the restrictions discriminated against minority voters.
An Appeals court ruled in favor of the Democrats last year, finding no evidence of fraud and pointing to data from 2016, which showed that Black, Latino, and Native American voters were two times as likely to vote in the wrong precinct as white voters.
The court explicitly noted that Arizona changed locations of polling locations more often in minority communities, and as a result, the number of out-of-precinct ballots the state tossed was far higher there than in other states.
The judges also ruled that Arizona’s ban on collecting ballots was intentionally implemented to suppress minority voters who are more likely to use collection services due to a number of socio-economic factors, such as the increased likelihood of being homebound or disabled, and lacking means to vote in person.
Voting Rights Act Gutted, Again
In the decision today, authored by Justice Samuel Alito, the majority of the highest court said that the rules did not disproportionately impact minority voters.
“Every voting rule imposes a burden of some sort,” Alito wrote. “The mere fact there is some disparity in impact does not necessarily mean that a system is not equally open or that it does not give everyone an equal opportunity to vote.”
In the liberal’s dissent, Justice Elena Kagan accused the majority of undermining the 1965 Voting Rights Act, which forbids racial discrimination in voting.
“What is tragic here is that the Court has (yet again) rewritten — in order to weaken — a statute that stands as a monument to America’s greatness, and protects against its basest impulses,” she wrote. What is tragic is that the Court has damaged a statute designed to bring about ‘the end of discrimination in voting.'”
Those remarks are at the crux of why this decision is so monumental: because it implicates how the Supreme Court will enforce what is left of the Voting Rights Act.
In 2013, the high court gutted a key provision of the Voting Rights Act that required states with a history of racial voting discrimination to get approval from the federal government before they could change voting rules.
When that was struck down, all that was left was a provision known as Section 2, which prevented voting provisions that “result in a denial or abridgment of the right of any citizen of the United States to vote on account of race or color.”
Thursday’s ruling is significant because it marks the first time the Supreme Court has evaluated how the final remnant of the Voting Rights Act applies to laws that impact minority groups at a time when the question is front and center in American politics.
The new decision firmly establishes that if a voting law disproportionately harms minority voters, that is generally not enough to render that rule illegal under the Voting Rights Act.
In other words: this is a clear signal that the current Supreme Court will not be inclined to overturn many of the Republican voting laws being proposed and implemented right now that very clearly seek to harm minority voters.
See what others are saying: (The New York Times) (The Washington Post) (NPR)
Churches Protected Loophole in Abuse Reporting for 20 years, Report Finds
In some cases, Clergy members failed to report abuse among their congregation, but state laws protected them from that responsibility.
A Nationwide Campaign to Hide Abuse
More than 130 bills seeking to create or amend child sexual abuse reporting laws have been neutered or killed due to religious opposition over the past two decades, according to a review by the Associated Press.
Many states have laws requiring professionals such as physicians, teachers, and psychotherapists to report any information pertaining to alleged child sexual abuse to authorities. In 33 states, however, clergy are exempt from those requirements if they deem the information privileged.
All of the reform bills reviewed either targeted this loophole and failed or amended the mandatory reporting statute without touching the loophole.
“The Roman Catholic Church has used its well-funded lobbying infrastructure and deep influence among lawmakers in some states to protect the privilege,” the AP stated. “Influential members of the Mormon church and Jehovah’s witnesses have also worked in statehouses and courts to preserve it in areas where their membership is high.”
“This loophole has resulted in an unknown number of predators being allowed to continue abusing children for years despite having confessed the behavior to religious officials,” the report continued.
“They believe they’re on a divine mission that justifies keeping the name and the reputation of their institution pristine,” David Finkelhor, director of the Crimes Against Children Research Center at the University of New Hampshire, told the outlet. “So the leadership has a strong disincentive to involve the authorities, police or child protection people.”
Abuses Go Unreported
Last month, another AP investigation discovered that a Mormon bishop acting under the direction of church leaders in Arizona failed to report a church member who had confessed to sexually abusing his five-year-old daughter.
Merrill Nelson, a church lawyer and Republican lawmaker in Utah, reportedly advised the bishop against making the report because of Arizona’s clergy loophole, effectively allowing the father to allegedly rape and abuse three of his children for years.
Democratic State Sen. Victoria Steele proposed three bills in response to the case to close the loophole but told the AP that key Mormon legislators thwarted her efforts.
In Montana, a woman who was abused by a member of the Jehovah’s Witnesses won a $35 million jury verdict against the church because it failed to report her abuse, but in 2020 the state supreme court reversed the judgment, citing the state’s reporting exemption for clergy.
In 2013, a former Idaho police officer turned himself in for abusing children after having told 15 members of the Mormon church, but prosecutors declined to charge the institution for not reporting him because it was protected under the clergy loophole.
The Mormon church said in a written statement to the AP that a member who confesses child sex abuse “has come seeking an opportunity to reconcile with God and to seek forgiveness for their actions. … That confession is considered sacred, and in most states, is regarded as a protected religious conversation owned by the confessor.”
See what others are saying: (Associated Press) (Deseret) (Standard Examiner)
Texas AG Ken Paxton Allegedly Flees Official Serving Subpoenas in Truck
Following the news, a judge granted the attorney general’s request to quash the subpoenas.
Paxton on the Run
Texas Attorney General Ken Paxton fled his own home in a truck Monday morning to evade an official trying to serve him a subpoena, according to an affidavit filed in federal court.
Last month, several nonprofits filed a lawsuit seeking to block Texas from charging individuals under the state’s abortion ban in cases that happened out of state or prior to Roe v. Wade being overturned.
Two subpoenas were issued summoning Paxton to a Tuesday court hearing, one for his professional title and the other addressed to him personally.
Early on Monday Ernesto Martin Herrera, a process server, knocked on the front door of Paxton’s home in McKinney and was greeted by Texas state senator Angela Paxton, who is the Attorney General’s wife.
According to the affidavit, Herrera identified himself and informed her that he was delivering court documents to Mr. Paxton. She responded that her husband was on the phone and in a hurry to leave, so Herrera returned to his vehicle and waited for Ken to emerge.
Nearly an hour later, the affidavit states, a black Chevrolet Tahoe pulled into the driveway, and 20 minutes after that, the attorney general stepped out.
“I walked up the driveway approaching Mr. Paxton and called him by his name,” Herrera wrote in the affidavit. “As soon as he saw me and heard me call his name out, he turned around and RAN back inside the house through the same door in the garage.”
Shortly afterward, Angela exited the house and climbed into a truck in the driveway, leaving a rear driver-side door open.
“A few minutes later I saw Mr. Paxton RAN from the door inside the garage towards the rear door behind the driver side,” Herrera wrote. “I approached the truck, and loudly called him by his name and stated that I had court documents for him.”
“Mr. Paxton ignored me and kept heading for the truck,” he continued.
The affidavit adds that Herrera placed the documents on the ground by the vehicle and stated that he was serving a subpoena, but the Paxtons drove away.
Process Server or Lingering Stranger?
Following the publication of the affidavit in The Texas Tribune, Ken attacked the news outlet on Twitter and claimed to fear for his safety.
“This is a ridiculous waste of time and the media should be ashamed of themselves,” he wrote. “All across the country, conservatives have faced threats to their safety – many threats that received scant coverage or condemnation from the mainstream media.”
“It’s clear that the media wants to drum up another controversy involving my work as Attorney General, so they’re attacking me for having the audacity to avoid a stranger lingering outside my home and showing concern about the safety and well-being of my family,” he continued.
On Monday, the attorney general filed two requests: a motion to quash the subpoena and another to seal the certificates of service, which included the affidavit.
His lawyers argued that Herrera “loitered at the Attorney General’s home for over an hour, repeatedly shouted at him, and accosted” him and his wife.
U.S. District Judge Robert Pitman granted both requests on Tuesday.
In a statement, the attorney general said that Herrera is “lucky this situation did not escalate further or necessitate force.”
See what others are saying: (The Texas Tribune) (CNN) (Fort Worth Star-Telegram)
Ron DeSantis Faces Lawsuit, Investigation for “Human Trafficking” of Migrants
A woman only known as “Pearla” allegedly lured the desperate migrants onto planes with monetary incentives and false promises.
A Political Stunt Blows Up in the Governor’s Face
After unexpectedly flying some 50 mostly Venezuelan migrants from San Antonio to Martha’s Vineyard last week, Florida Gov. Ron DeSantis (R) is staring down a class action lawsuit, a local investigation, and a potential probe from the Justice Department.
On Tuesday, Lawyers for Civil Rights, in conjunction with the nonprofit Alianza Americas filed a federal class-action lawsuit on behalf of the migrants. The filing names DeSantis, the state of Florida, Florida Department of Transportation Secretary Jared Perdue, and their accomplices as defendants.
It alleges they fraudulently induced the migrants to cross state lines to Martha’s Vineyard, where shelter and resources were not prepared.
According to several accounts, the migrants were falsely promised work, free rent, and immigration assistance in exchange for taking the trip.
The migrants are seeking unspecified damages on top of the cost of their legal fees for emotional and economic harm.
On Monday, Texas Bexar County Sheriff Javier Salazar announced that he was opening an investigation into the migrant flights and DeSantis’s role in the scheme, which he called an “abuse of human rights.”
“They feel that they were deceived in being taken from Bexar County — from San Antonio, Texas — to where they eventually ended up,” he told CNN on Tuesday. “That could be a crime here in Texas and we will handle it as such.”
Salazar also said in a statement that his office was working with private attorneys representing the victims and advocacy organizations and that he was prepared to work with “any federal agency with concurrent jurisdiction, should the need arise.”
Since making the announcement, the sheriff’s office has been bombarded by threats via phone and email, according to a statement by a spokesperson.
Dylan Fernandes, a Massachusetts state lawmaker representing Martha’s Vineyard, called on the DoJ to launch a human trafficking probe into DeSantis Sunday.
He wrote on Twitter about the “inhumane acts,” saying, “Not only is it morally criminal, there are legal implications around fraud, kidnapping, deprivation of liberty, and human trafficking.”
A Mysterious Woman Named Pearla
Several migrants have told reporters, and claimed in the class action lawsuit, that they were lured onto the planes by a tall, blonde woman calling herself Pearla.
She reportedly approached them outside the San Antonio shelter, on the street, and in a McDonald’s parking lot, talking to them in broken Spanish.
Eduardo Linares, a migrant who said he rejected Pearla’s offer, told The Boston Globe that she promised them a free trip to Massachusetts and guaranteed work.
Another migrant named Alejandro told the outlet she offered him three months of free rent, job placement, and help with his immigration case.
The San Antonio Report interviewed a migrant named Emmanuel who said Pearla paid him $200 to recruit other migrants for the flights.
Tuesday’s lawsuit filing elaborates on their claims, saying that they were enticed with $10 McDonald’s gift cards to fly to Boston or Washington.
It alleges that the migrants were rounded up in hotel rooms while the scheme’s organizers gathered enough people to fill two planes, with them sequestered so they could not discuss the plan with anyone else.
“Once the individual Plaintiffs and class members landed, it became clear that the promises made to induce them on the planes were in fact bold-faced lies,” the filing says.
DeSantis defended himself on Fox News Monday night, saying, “They all signed consent forms to go and then the vendor that is doing this for Florida provided them with a packet that had a map of Martha’s Vineyard, it has the number for different services that are on Martha’s Vineyard.”
The brochures given to the migrants, however, listed services for refugees, not asylum seekers, and some migrants have said they weren’t aware of this fact. If the migrants were misled, the participants in the scheme could be criminally liable.
Who Pearla is and who employs her is still unknown, but DeSantis has publically taken credit for chartering the flights.
The League of United Latin American Citizens is offering $5,000 for information leading to the identification, arrest, and conviction of Pearla.
Two days after arriving in Martha’s Vineyard, the migrants voluntarily took shelter in a Cape Cod military base, which is designed for such emergency purposes.