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Court Ruling Spurs Backers’ Hopes for Redistricting Changes

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New interns run with a decision across the plaza of the Supreme Court in Washington, Monday June 29, 2015. On Monday, the court upheld Arizona congressional districts drawn by an independent commission and rejected a constitutional challenge from Republican lawmakers and upheld the use of a controversial drug in lethal injection executions Monday, as two dissenting justices said for the first time that they think it's "highly likely" that the death penalty itself is unconstitutional. (AP Photo/Jacquelyn Martin)

New interns run with a decision across the plaza of the Supreme Court in Washington, Monday June 29, 2015. On Monday, the court upheld Arizona congressional districts drawn by an independent commission and rejected a constitutional challenge from Republican lawmakers and upheld the use of a controversial drug in lethal injection executions Monday, as two dissenting justices said for the first time that they think it’s “highly likely” that the death penalty itself is unconstitutional. (AP Photo/Jacquelyn Martin)

ALAN FRAM, Associated Press

WASHINGTON (AP) — Groups hoping to squeeze partisan politics out of how states shape congressional districts are hailing a Supreme Court decision that lets independent commissions, not legislatures, draw those lines.

But Republicans say Monday’s 5-4 decision upholding Arizona’s independent redistricting commission will have little nationwide impact. And history shows that past efforts to persuade voters to change how states shape districts have had mixed results.

Proponents of shifting redistricting from state legislatures to independent bodies say they’ll rely in part on the same technique Arizona used: Initiatives, which let voters put questions on the ballot, usually after gathering signatures on petitions.

“The current system allows politicians to choose their voters, rather than allowing voters to choose their elected officials,” said Lloyd Leonard, advocacy director for the League of Women Voters, which filed a brief backing the commission.

From 1904 to 2001, there were 39 statewide ballot initiatives on how legislative boundaries are configured, and the voters have approved only 15, according data from the Initiative and Referendum Institute at the University of Southern California law school. Most addressed state legislative lines.

That underscores the difficulty of approving those changes and how infrequently such questions come before voters. Twenty-four states allow ballot initiatives, according to the institute.

While that opens the door for many states to consider redistricting commissions, “That door wasn’t exactly swinging wildly before this case came up,” said Thomas Mann, a congressional scholar at the liberal-leaning Brookings Institution who submitted a brief supporting commissions.

On Tuesday, the Supreme Court agreed to hear a new case in coming months on whether the drawing of state legislative lines by Arizona’s redistricting commission was constitutional.

With the GOP’s current House majority aided by its domination of congressional line-drawing in many states, some Republicans conceded that reducing that power could hurt them but would be hard for opponents to achieve.

“It’s a sweeping decision that lays the groundwork, but the work still has to be done” by advocates of independent commissions, said GOP strategist Sean Noble. “And whether they have the time, money or will has yet to be determined.”

Others doubted that commissions would actually remove partisanship from the once-a-decade process of shaping congressional districts.

The commissions “could be used to shield or really cover what is actually the same partisan politics,” said Michael T. Morley, attorney for the conservative Coolidge-Reagan Foundation, which wrote a brief opposing the Arizona commission.

Kathay Feng, national redistricting director for the liberal Common Cause, said efforts to use initiatives to alter how district boundaries are drawn are under way in Illinois, Michigan and Ohio. In three other states, supporters are working through the legislature: Indiana, Maryland and North Carolina, she said.

House Speaker John Boehner, R-Ohio, “believes redistricting decisions are best made by the people’s representatives in state legislatures — not by some unelected, unaccountable board of bureaucrats,” said Boehner press secretary Olivia Hnat.

House Minority Leader Nancy Pelosi, D-Calif., backed the court decision and said Congress should set standards so state redistricting commissions “reflect the diversity of their states and communities.”

In Monday’s ruling, the justices rejected a challenge by Arizona’s Republican-led legislature to the state’s independent commission, which voters established by ballot initiative in 2000.

The legislators argued that the Constitution reserves the power to draw district lines to state legislatures, not a commission created by initiative. That argument was rejected by the court’s four liberal justices plus Anthony Kennedy, a frequent swing voter.

“The invention of the initiative was in full harmony with the Constitution’s conception of the people as the font of governmental power,” Justice Ruth Bader Ginsburg wrote.

Led by Chief Justice John Roberts, the dissenters said the majority relied on “disconnected observations about direct democracy, a contorted interpretation of an irrelevant statute and naked appeals to public policy.”

The decision left the status quo intact for Arizona and 12 other states that have commissions with varying roles in drawing congressional lines.

Overall, Republicans have a 246-188 House majority, plus a vacancy in one GOP-leaning district.

Analysts attribute part of that advantage to Democrats’ concentration in dense urban areas. But it also reflects district lines Republicans drew after making major gains in 2010 state elections. In 2012, GOP House candidates got 1.4 million fewer votes than Democrats but won a 33-seat majority.

The GOP controls the governorship and legislature of 24 states, including Nebraska’s officially nonpartisan legislature. Seven states are run by Democrats and 19 are split, according to the National Conference of State Legislatures.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

#NNPA BlackPress

COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

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Congresswoman Lateefah Simon (D-CA-12). File photo.
Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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