NNPA STORIES -
http://www.nnpa.org/news/lead/supreme-court-sends-affirmative-action-case-back-to-lower-courts-by-george-e-curry/
http://www.nnpa.org/news/lead/the-forgotten-goals-of-the-1963-march-on-washington-by-freddie-allen/
NNPA VOTING RIGHTS ACT STORY -
http://www.nnpa.org/news/lead/despite-supreme-court-ruling-voting-abuses-still-widespread/
LEGAL CHALLENGES COMING
TRIANGLE NEWS BRIEFS 6-27-13
STATE NEWS BRIEFS 6-27-13
CASH IN THE APPLE 6-27-13
http://www.nnpa.org/news/lead/supreme-court-sends-affirmative-action-case-back-to-lower-courts-by-george-e-curry/
http://www.nnpa.org/news/lead/the-forgotten-goals-of-the-1963-march-on-washington-by-freddie-allen/
NNPA VOTING RIGHTS ACT STORY -
http://www.nnpa.org/news/lead/despite-supreme-court-ruling-voting-abuses-still-widespread/
NC REACTION TO SUPREME
COURT
VOTING RIGHTS ACT
DECISION
By Cash Michaels
Editor
With
the state Senate now poised to pass voter ID legislation into law next week,
and a court case challenging what critics say was a racially-gerrymandered
redistricting map drawn by Republicans ongoing, Tuesday’s 5-4 US Supreme Court
decision crippling the 1965 Voting Rights Act was considered yet another blow
to civil rights by many North Carolina and national figures.
“[Tuesday’s] decision by the United States Supreme Court in Shelby County v.
Holder delivered a devastating setback for civil rights in
America,” said Stacie Rouster, spokesperson for The Lawyer’s Committee for
Civil Rights Under Law, a nonpartisan, nonpartisan legal group which fights
racial discrimination. “The Court ruled that the coverage formula in Section 4
of the Voting Rights Act is unconstitutional for purposes of identifying the
jurisdictions that must submit voting changes for federal review (preclearance)
before they can be implemented.”
Royster continued,
“The Court did not find the Section 5 preclearance requirement itself
unconstitutional, but the ruling appears to bring federal review of voting
changes under Section 5 to a halt until Congress enacts a new coverage formula.”
Politically, most
observers agree, getting the current divided Congress – with a
Republican-controlled House and Democrat-led Senate – to even agree what must
be done to meet the High Court’s ruling would be impossible. As far as the GOP,
which has been pushing voter ID laws in over 30 states (including North
Carolina) is concerned, the US Supreme Court is a gift, allowing new voter
restrictions and racially gerrymandered restricting lines to stand with little
worry over US Justice Dept. challenge.
State Sen. Tom
Apadoca [R- Henderson] told reporters Tuesday it was the green light the NC Senate had been waiting for.
Beyond voter ID, Republicans want to shorten the early voting period, end
same-day registration, end “Souls to the Polls” Sunday voting for
African-Americans, and penalize parents whose college-age children vote at
their schools instead of at home.
"I guess we're safe in saying this
decision was what we were expecting," Sen. Apodaca told reporters.
Both President Obama
and US Attorney General Eric Holder expressed “deep disappointment,” and
challenged Congress to immediately address the High Court’s concerns.
“I am outraged with the Supreme Court’s decision to declare as
unconstitutional Section 4 of the Voting Rights Act,” NC Congressman G. K.
Butterfield [D-1-NC] said in a statement. “The decision will lead to less
protection for minority voters in covered jurisdictions.”
“It
is an absurd remedy for the Supreme Court to expect Congress to redefine the
coverage formula to prevent discriminatory voting changes,” Butterfield
continued. “The Republican House majority has shown its disdain for civil
rights laws. It is unreasonable to believe Congress will act in good
faith and in the spirit of the Court’s decision. And so, the result of
this decision will be a complete gutting of Section 5 which will embolden state
efforts to enact discriminatory laws and procedures.”
Rep.
Butterfield concluded, “The Court should have implemented an interim formula
that could be used until Congress enacts a formula that is constitutional and
protects minority communities from vote dilution.”
Congressman
Butterfield’s North Carolina colleague, Rep. Met Watt [D-12-NC] of Charlotte,
was equally outraged.
“My
colleagues on the Judiciary Committee and I helped build a voluminous legislative
record of over 15,000 pages that we believe more than justified reauthorization
of the Voting Rights Act (VRA) and extension of the preclearance requirements
of Section 5 of the VRA,” Watt said in statement Tuesday. “Today, the activist
majority on the Supreme Court has taken the unprecedented step of taking over a
uniquely legislative function in disregard of the extensive work of the
legislative branch and substituting their own judgment for that of elected
representatives. The decision overturning Section 4 of the VRA leaves millions
of Americans vulnerable to discrimination in the most fundamental right of
citizenship—the right to vote. I am deeply disappointed by the result
they have reached and its impact on minority voters as well as the precedent
they have set for disregarding the factual and political judgment of elected
Members of Congress.”
Randy
Voller, chairman of the NC Democratic Party, agreed.
“This is a sad decision for those who have fought so hard and
sacrificed so much to ensure all Americans, regardless of race, have free and
fair access to the ballot box,” Voller said, “The Court’s decision to send this
critical component of the VRA to a Congress muddled in gridlock due to
Republican extremism is an affront to voting rights in this country.
Democrats will continue to oppose political efforts that erode the right to
vote from Republican leadership in the General Assembly and in the halls of
Congress.”
Benjamin
Jealous, president/CEO of the national NAACP, also chimed in.
“The Supreme Court just aided and abetted those who seek to
suppress our right to vote,” Jealous said in a statement.
“The Supreme Court's decision is extreme, and
simply unconscionable. At least 31 states are considering laws to make it
harder to vote by restricting early voting periods, enacting harsh voter ID
laws, and instituting the modern day equivalent of poll taxes.”
Jealous
continued, “The target for these discriminatory laws is clear: communities of
color, and young, women, elderly, and disabled voters. The extremists
responsible for these laws probably think today's ruling is a big win. They are
smiling ear to ear as they read the Supreme Court's decision.”
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LEGAL CHALLENGES COMING
IN REPEAL OF RACIAL
JUSTICE ACT
By Cash Michaels
Editor
North
Carolina’s Racial Justice Act – a unique law which allowed those on death row
to challenge racial bias in their sentencing - is now officially dead.
Gov.
Pat McCrory quietly signed the repeal of the measure, recently passed by the
Republican-led NC General Assembly, last week.
"Nearly every
person on death row, regardless of race, has appealed their death sentence
under the Racial Justice Act," McCrory, a Republican, said in a statement.
"The state's district attorneys are nearly unanimous in their bipartisan
conclusion that the Racial Justice Act created a judicial loophole to avoid the
death penalty and not a path to justice."
But by signing the repeal, the
governor may have opened a legal can of worms which some experts say could keep
the issue in the courts for some time.
Passed in 2009 and signed into law
by then Gov. Beverly Perdue, a Democrat, the Racial Justice Act, one of only
two laws of its kind in the nation, allowed judges to change death sentences to
life-in-prison-without-parole if evidence of prosecutorial racial bias was
determined.
The law, which was later gutted by
the Republican-led NC General Assembly in 2011, was bolstered by a study from
the University of Michigan which proved that statistically racial bias indeed
played a role in North Carolina’s capital punishment cases over several years.
District attorneys across the state
disputed the findings, denying that blacks were more likely to get the death
penalty if they killed whites, even at least one UNC study showed exactly that.
In addition, at least four death
row inmates have been released from prison after DNA evidence proved their
innocence. Supporters say they were convicted because they were black, and if
it wasn’t for conclusive DNA evidence, they would have been wrongly executed.
None of that mattered, however,
when Republicans took complete control of the Legislature and the Governor’s
Office in 2012, and it wasn’t long before the Racial Justice Act was targeted
for repeal.
Senate
Bill 306, sponsored by state Sen. Thom Goolsby [R-New Hanover] and passed by
the General Assembly before Gov. McCrory signed it into law, not only repeals
the Racial Justice Act, but effectively restarts the death penalty in North
Carolina for 152 inmates on death row. Executions had been placed on a de facto
moratorium since 2006 because of legal issues over the role of medical
personnel who assisted in the needle injections.
But
Section 5(d) of the law speaks directly to the Racial Justice Act, stating,
“…this section is retroactive and applies to any motion for appropriate relief
filed pursuant to Article 101 of Chapter 15A of the General Statutes (the
Racial Justice Act) prior to the effective date of this act. All motions filed
pursuant to the Article 101 of Chapter 15A prior to the effective date of this
act are void.”
In
effect, any pending cases before a North Carolina under the Racial Justice Act
are supposed to be vacated.
In
Cumberland County, a Superior Court judge last year reduced the death sentences
of four black convicted murderers under the Racial Justice Act to life in
prison after it was determined that prosecutors deliberately attempted to keep
blacks off of the juries, and made negative references about African-Americans
in their notes.
Under
the repeal, even though the state Supreme Court is supposed to review those
cases, they are now legally considered void. In fact, all 153 convicts on death
row – 53% of which are black - have filed claims under the Racial Justice Act.
The
repeal cancels those as well.
But many legal experts say that
can’t happen.
"To me, it's a
violation of due process," Mark Rabil, director of Wake Forest University
law school's Innocence and Justice Clinic in Winston-Salem, told Reuters News Service. "I don't
really know what the legislature thinks they've done with our money other than
buy a lot more litigation."
“I
think there’s going to be intense years of litigation over this,” state Rep.
Rick Glazier [D-Cumberland] told The New
York Times.
Attorney
Irving Joyner, law professor at North Carolina Central University’s School of
Law in Durham, says the legal standard of “ex post facto,” which means, “ a law
intended to apply to crimes or events that took place before its passage,” is
unconstitutional according to the US Supreme Court.
“The
government cannot take away rights that have already been given and exercised
by individuals,” Prof. Joyner says. “It can make laws for the future, but not
for the past. So what the governor and the Legislature seeks to do is clearly
unconstitutional. Those inmates who have already filed claims, and those claims
are pending, cannot be legislatively prevented from pursuing evidence that
would support those claims.”
-30-
TRIANGLE NEWS BRIEFS 6-27-13
“MORAL MONDAY”
PROTESTERS GET COURT DATES; 120 ARRESTED THIS WEEK
The
first seventeen protesters, including NCNAACP Pres. Rev. William Barber, who
were arrested during the first Moral Monday demonstration at the NC legislature
on April 29th, had their court dates Monday set for September 23rd
and 30th on charges of trespassing, among others. The protesters
pleaded not guilty, saying that they had a right to be on public property. They
said their charges should be dismissed. Meanwhile, during the eighth Moral Monday
demonstration Monday, 120 more demonstrators were arrested, bringing the total
thus far to over 600 arrests.
REPUBLICAN SAYS SHE’S
RUNNING FOR WAKE SCHOOL BOARD SEAT
The
filing period does not begin until July 5th at noon, but at least
one candidate for the Wake School Board is already up and running. Nancy
Caggia, a registered Republican, has already filed papers with the Wake Board
of Elections to begin campaigning for the District 9 seat currently held by
Republican Bill Fletcher, who was selected by the board to fill out the
remaining time after board member Debra Goldman left a few months ago. Caggia
says she’s been a school volunteer and advocate for 14 years. Thus far,
Fletcher has not indicated whether he’ll run for that seat.
FEDS PROBING DURHAM
SCHOOLS SUSPENSION RATES
Do
Durham Public Schools suspend black and disabled students at disproportionately
high rates? That what the US Dept. of Education’s Office of Civil Rights is
officially looking into, thanks to a complaint filed against DPS by Advocates
for Children’s Services, and the Center for Civil Rights Remedies last April.
The complaint alleges that14.1 percent of black students were suspended from
school in the 2009-2010 school year versus just 3.3 percent of white students. In
that same school year, 17 percent of disabled children were suspended versus
just 8.4 percent of non-disabled students. A DPS spokesperson said that the
school system is “fully cooperating” with the feds in their investigation.
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STATE NEWS BRIEFS 6-27-13
CHILDREN NOT FARING
WELL IN NC, SAYS REPORT
[RALEIGH]
Compared to the rest of the nation, the well-being of children living in North
Carolina is not improving, says a new study by the Annie E. Casey Foundation.
One in four children live in poverty, and the state ranks 35th out
of 50 states, the report, finds. Based on 2011 data, one in three children live
in families without full-time employment. Less children are covered by health
insurance now than in 2005, and more teens are not in school or working a job
than in 2008. The report does list some improvements in the areas of less
low-weight babies, less teen deaths, and less teens who abuse drugs or alcohol,
by overall, observers say they expect the well-being of North Carolina’s
children to worsen under the policies of the Republican-led legislature, which
has slashed unemployment benefits and denied over 500,000 poor people Medicaid.
PAY YOUR CAR
REGISTRATION AND PROPERTY TAXES TOGETHER TO DMV BEGINNING JULY 1ST
[RALEIGH]
As of July 1st, North Carolina drivers will pay their vehicle
registration renewal and property taxes together. The new system is designed to
streamline county tax collections, and increase revenues, officials say.
Currently, drivers get two separate bills – one for the county for the vehicle
tax, the other from the Division of Motor Vehicles for the registration
renewal. The NC General Assembly passed the law changing the system in 2005,
and counties have used the passed eight years to prepare for the change-over.
The first drivers to get the combined bill will be those due in September.
Those bills will arrive in July.
STATE JOBLESS RATE
DIPS TO 8.8 PERCENT
[GREENSBORO]
For the fourth consecutive month, North Carolina’s unemployment rate dipped
slightly, this time to 8.8 percent in May. But it’s all not good news.
According to the NC Commerce Dept’s labor and Economic Analysis Division, the
state still lost approximately 5,900 jobs last month, and with the summer
months here, the prospect for job growth doesn’t look good, say analysts.
Tourism in the state is doing its part, with the leisure and hospitality sector
generating over 6,300 jobs.
-30-
CASH IN THE APPLE 6-27-13
By Cash Michaels
CONGRATS,
HEAT! – I’ll say this for LeBron James
and the Miami Heat…they sure know how to keep things interesting! But
that’s why, for the second year in a row, they are once again World Champions. LB, Dwyane Wade and the crew kept us
all on the edge of our seats last week for Games 6 and 7 against the powerful San Antonio Spurs, barely winning Game
6 in dramatic fashion in overtime, and then coming back to take command in Game
7 over a heartbroken “Timmy” Duncan,
Tony Parker and the Spurs.
I
must say, though, that all the way from Coach
Greg Popovich to Duncan to Parker and others, the Spurs organization is a
class act. Not only did they play clean and fair, but they were the epitome of
good sportsmanship. Almost never were there any flagrant fouls, any player
confrontations, and we even saw opposing players pick one another up off the
ground on occasion.
And
when the Heat won the title, we saw both LeBron and Dwyane Wade give strong
embraces to Coach Pop, a sure sign of love and respect, and a reminder to all
of us that as hard as we fight, there must be respect.
Without
a doubt, the Miami Heat, coached magnificently by Erik Spoelstra, certainly earned their championship this year,
having had to go through tough young teams in the Chicago Bulls and the Indiana
Pacers, only to then fight for their lives for seven games against the San Antonio Spurs.
This
was truly an NBA Finals to remember.
Congratulations
to LeBron and the crew. Now get some rest!
EARTH, WIND AND FIRE NEW ALBUM – One
of the great joys I have as a father is introducing my youngest daughter, KaLa, to some of the best “old school”
music in history. Without question, Earth,
Wind and Fire – one of the greatest soul groups of the 1970’s-80’s is among
that number.
So imagine my excitement upon
hearing that after eight years, the “elements” return with a brand new album
titled, “Now, Then & Forever” coming this September. Phillip Bailey, Verdine White, Larry Dunn, and of course, Maurice White, are all back with fresh
material. It took two years to produce this work, and the first single from it
is titled, “My Promise” (listen to it on Youtube at http://youtu.be/PyV4iMKxjl8), an uptempo
ditty that certainly takes us back to some of what EWF does best.
We’re glad they’re back, and can’t
wait to hear Earth, Wind and Fire’s new album. We haven’t had any REAL black
music around here in a long, long time.
PAULA, PAULA, PAULA – Lots of talk
ever since the Food Network canned Southern cooking belle Paula Deen last week after revelations from a court deposition that
Deen allegedly engaged in using racial slurs towards her black employees, among
other tawdry things outlined in the leaked document.
I love Deen’s excuse, that she is a
product of growing up 60 years in the South (she’s a native of Savannah,
Georgia). If that’s her excuse for saying racist things like wanting to have
all black waiters at her dinner functions, then Paula Deen is a sadder case
than I first thought.
The bottomline line is that what
the Food Network did by firing her is fine…for the Food Network. They did not
want to associate their brand with someone who clearly is still living in the
old 1950’s South. The company said it didn’t tolerate racism of any sort, and
wasn’t about to start to now, and they didn’t care what Paula Deen’s fans
thought about it. So they immediately took her TV shows off their air.
On Monday, Smithfield Foods, Inc., where a lot of folks get their hams and bacon, tossed Deen to the wolves as well, dropping her brand from their line of meats.
On Monday, Smithfield Foods, Inc., where a lot of folks get their hams and bacon, tossed Deen to the wolves as well, dropping her brand from their line of meats.
Bravo! Now Deen is fighting to save
her empire, and is running around apologizing and making excuses of inexcusable
behavior.
Let her grovel for a little bit.
Somebody like Fox News will make a home for Paula Deen. Heck, she could cook
for Bill O’Reilly and Sean Hannity.
Indeed, I suspect that Deen is
capable of giving those two some good old “home” cookin’, if you know what I
mean!
THE SNOWDEN AFFAIR - If you’ve been
following the Edward Snowden affair
– the American contractor who leaked important National Security Agency
information in an attempt to reveal how the United States government keeps
track of terrorist telephone and internet communications, then you know that it
has gotten way out of hand. Snowden first escaped to Hong Kong, then to Russia,
and then flew off to Cuba and parts unknown. Some call him a hero for exposing
how the US is allegedly violating everyone’s constitutional rights (I don’t
agree), while others call Snowden a traitor who should be tried and convicted
(I do agree).
When Snowden released the NSA
classified info, he did so to the
Washington Post and The Guardian Newspaper
in Great Britain. The reporter for The Guardian, Glenn Greenwald, has been running around, talking about what a
great guy Edward Snowden is, and how close he is to him.
Well on NBC’s “Meet the Press”
Sunday, host David Gregory asked
Glenn Greenwald a really simple question – "To the extent that you
have aided and abetted Snowden, even in his current movements, why shouldn't
you, Mr. Greenwald, be charged with a crime?"
Greenwald
bristled at the question, saying it was
“…pretty extraordinary that anybody who would call themselves a
journalist would publicly muse about whether or not other journalists should be
charged with felonies."
Actually,
it was a very good question, Glenn. I’m not so sure you and Bro. Snowden did
anybody any favors by revealing classified NSA information to our enemies so
that they know how we keep tabs on their activities. If you wanted a debate on
the Patriot Act and the methods used to gather intelligence on terrorists, I
think there were other ways of doing so without putting Americans at risk.
What
Edward Snowden did was against the law, and he will be tried for his crimes.
Why shouldn’t you join him? Being a journalist doesn’t give any of us the right
to break the law and put the lives of millions of others at risk.
So
yeah, I agree with David Gregory…maybe you should be on a plane to Cuba too. At
the very least, you could keep Eddie Snowden company.
DOWNEY BACK FOR “AVENGERS” 2 &
3 - The Marvel Comics movie nation got great news last week. Actor Robert Downey Jr. has signed on to
appear in “The Avengers 2” and “The Avengers 3,” the next two sequels in the
blockbuster Marvel superhero series. There had been some question as to what
Downey would do after starring in the recent “Iron Man 3,” which has down over
$1.2 billion in box office around the globe. Last year’s “The Avengers” still
holds the global blockbuster crown. What Downey has not down, however, is
signed up for anymore “Iron Man” films, though it is expected that he’ll do at
least one more. The actor is 48
years old and says there’s only but for so long he can reasonably continue to
put on the iron suit. Agreed, but I’m sure, given the mass worldwide base that
he has, and the tens of millions he’s made thus far, Downey will find a way to
squeeze himself into that suit beyond just “The Avengers” for at least one more
picture.
Please make sure you tune in every
Thursday afternoon at 4 p.m. for my talk radio show, ''Make It Happen'' on
Power 750 WAUG-AM, or online at www.myWAUG.com.
And read more about my thoughts and opinions exclusively at my blog, ‘The Cash
Roc” (http://thecashroc.blogspot.com/2011/01/cash-roc-begins.html).
I promise it will be interesting.
Cash in the Apple - honored as the Best Column Writing
of 2006 by the National Newspaper Publishers Association. Columnist Cash
Michaels was also honored by the NNPA for Best Feature Story Journalist of
2009, and was the recipient of the Raleigh-Apex NAACP’s President’s Award for
Media Excellence in Sept. 2011.
Until next week, keep a smile on your face, GOD in your
heart, and The Carolinian in your life. Bye, bye.
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