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Federal Appeals Court Rules Texas Voter ID Law Violates Voting Rights Act

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By Ryan Reilly and Samantha Lachman, Huffington Post

 

A federal appeals court on Wednesday found that Texas’ strict voter identification law violated Section 2 of the Voting Rights Act, in a victory for civil rights groups who had challenged the law.

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The U.S. Court of Appeals for the 5th Circuit did not make a determination as to whether Texas legislators had a discriminatory purpose in passing the legislation, and sent that issue back to a lower federal court to re-evaluate the determination that it was purposefully discriminatory. But the appeals court did find that the Texas voter ID law would have a discriminatory impact, in violation of the Voting Rights Act.

 

In declining to find Texas legislators had a discriminatory purpose in passing the legislation, members of the appeals court said they recognized “the charged nature of accusations of racism, particularly against a legislative body,” but they also acknowledged “the sad truth that racism continues to exist in our modern American society despite years of laws designed to eradicate it.”

 

Because it found a violation of the Voting Rights Act, the federal appeals court declined to decide the question of whether the strict voter ID law violated constitutional rights under the First and 14th Amendments, and dismissed the claims.

 

The court also suggested that a lower federal court could either reinstate voter registration cards as documents that allow someone to cast a ballot, or allow someone to sign an affidavit saying they do not have an acceptable form of identification before they were allowed to vote.

 

“We urge the parties to work cooperatively with the district court to provide a prompt resolution of this matter to avoid election eve uncertainties and emergencies,” the appeals court wrote.

 

Texas, which had originally been prevented from passing the law in 2011 under Republican Gov. Rick Perry, was able to quickly enact it in 2013 when the Supreme Court struck down Section 5 of the VRA, which required the state to submit any changes to its election laws to the federal government or in federal court.

 

In October, a federal judge called the law an unconstitutional “poll tax” that was intentionally discriminatory and an unconstitutional burden on the right to vote. But the Supreme Court allowed the law to be in effect for November’s midterm election, even though more than 600,000 Texans lacked a valid form of government-issued photo identification.

 

On Wednesday, the federal appeals court said that while the purpose of passing the legislation was to protect the sanctity of voting and avoid voter fraud, it questions whether there were “impermissible motives” as well.

 

It said it was “difficult” to evaluate the motives of dozens of people, but the opinion indicated that the court was surprised not to find any evidence of racial motives in private correspondence.

 

“While it is true that it is unlikely for a legislator to stand in the well of the state house or senate and articulate a racial motive, it is also unlikely that such a motive would permeate a legislative body and not yield any private memos or emails,” the court said.

 

Section 2 of the VRA prohibits election procedures that discriminate on the basis of race or color. In its ruling, a three-judge panel for the 5th Circuit Court of Appeals directed a lower court to further determine whether the GOP-controlled Texas legislature intentionally discriminated on the basis of race, and if so, what an appropriate remedy would be. Texas may now ask for its case to be heard before the entire 5th Circuit, or direct its appeal to the Supreme Court.

 

As the Brennan Center for Justice has documented, voters whose driver’s licenses had expired, or those who did not bring their licenses with them to the polls, were unable to vote in the midterm election and were forced to cast provisional ballots. Gun licenses counted as a valid form of photo identification, while student IDs from state universities did not.

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Not Just a Southern Issue: Advocates Say SCOTUS Voting Rights Decision Has Already Started to Reshape Black Political Power

OAKLAND POST — Following the Civil War and Reconstruction, constitutional amendments expanded Black citizenship and voting rights across the South, leading to dramatic increases in Black political representation. But those gains were quickly met with violent backlash and the rise of Jim Crow laws designed to suppress Black voting through poll taxes, literacy tests, and other “race-neutral” restrictions.

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By Edward Henderson, California Black Media

U.S. Rep. Sydney Kamlager-Dove (D-CA-37), a member of the Congressional Black Caucus (CBC) whose district spans parts of Los Angeles County, joined fellow CBC member U.S. Rep. Troy Carter (D-LA-2) for a May 21 briefing with Black media outlets in California. 

The lawmakers highlighted what they describe as a mounting threat to Black political representation resulting from an April 29 U.S. Supreme Court ruling that weakened key protections under the federal Voting Rights Act.  

Kamlager-Dove and Carter warned that the decision, which narrowed the role of race in redistricting, is already reshaping congressional districts across the South and undermining Black voters’ ability to elect candidates of their choice.

“While we are a super blue state, we have far to go when it comes to Black representation; we tend to take that for granted,” Kamlager-Dove said of California, noting that the Golden State has the fifth largest Black population in the country and only has three Black members of Congress.   

“While I support building coalitions, we have to make sure that as a Black community we are not yielding our power,” she added.

Calling the fight “not unique to the South,” Carter urged Black communities nationwide to recognize the broader implications of the legal and political battles unfolding in Southern legislatures and courtrooms. 

The Supreme Court ruling centers on Section 2 of the Voting Rights Act of 1965, the portion of the law that prohibits voting systems or district maps that dilute the voting strength of racial minorities. For decades, Section 2 allowed civil rights groups to challenge district maps that weakened Black political representation even when lawmakers did not openly state discriminatory intent.

Now, advocates fear that standard has fundamentally changed. 

“You have to have smoking gun evidence,” said Mitchell Brown, senior voting rights counsel at the Southern Coalition for Social Justice, during a recent media briefing hosted by American Community Media on May 15. “Legislators are not going to say the quiet part out loud.” 

The implications could stretch far beyond congressional elections, Brown said.  

Section 2 protections have historically applied not only to U.S. House districts, but also to state legislatures, school boards, county commissions, judgeships, and local governing bodies. Voting rights advocates warn that weakening those protections could reshape political representation throughout the South, particularly in states with large Black populations. 

“This is not just a Southern issue,” said Amir Badat, manager of Black Voters on the Rise and voting special counsel at the NAACP Legal Defense and Educational Fund.

Badat described the current moment as part of a much longer historical pattern. 

Following the Civil War and Reconstruction, constitutional amendments expanded Black citizenship and voting rights across the South, leading to dramatic increases in Black political representation. But those gains were quickly met with violent backlash and the rise of Jim Crow laws designed to suppress Black voting through poll taxes, literacy tests, and other “race-neutral” restrictions. 

“This is the same move,” Badat said.

Advocates also emphasized that the consequences of weakened voting protections extend into everyday life. 

Local elected offices such as school boards, city councils, county commissions, and judgeships often determine funding priorities, public safety policy, education standards, and infrastructure investments.

“These are not abstract numbers,” Badat said. “These have real political consequences and policy consequences on people’s day-to-day lives.” 

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Rest in Peace: A.M.E. Pastor and L.A Civil Rights Icon Cecil “Chip” Murray Passes

The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94. “Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

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The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94.

“Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

Murray oversaw the growth of FAME’s congregation from 250 members to 18,000.

“My heart is with the First AME congregation and community today as we reflect on a legacy that changed this city forever,” Bass continued.

Murray served as Senior Minister at FAME, the oldest Black congregation in the city, for 27 years. During that time, various dignitaries visited and he built strong relationships with political and civic leaders in the city and across the state, as well as a number of Hollywood figures. Several national political leaders also visited with Murray and his congregation at FAME, including Presidents George W. Bush and Bill Clinton.

Murray, a Florida native and U.S. Air Force vet, attended Florida A&M University, where he majored in history, worked on the school newspaper and pledged Alpha Phi Alpha Fraternity.  He later attended Claremont School of Theology in Los Angeles County, where he earned his doctorate in Divinity.

Murray is survived by his son Drew. His wife Bernadine, who was a committed member of the A.M.E. church and the daughter of his childhood pastor, died in 2013.

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Court Throws Out Law That Allowed Californians to Build Duplexes, Triplexes and RDUs on Their Properties

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional. Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

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Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.

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