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Supreme Court’s Shelby Ruling Makes Selma a ‘Footnote’

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Alabama State Rep. Merika Coleman-Evans (D) and Jesse Jackson talk about voting rights at the National Press Club in Washington, D.C. (Freddie Allen/NNPA)

Alabama State Rep. Merika Coleman-Evans (D) and Jesse Jackson talk about voting rights at the National Press Club in Washington, D.C. (Freddie Allen/NNPA)

By Freddie Allen
NNPA Senior Washington Correspondent

WASHINGTON (NNPA) – As Washington lawmakers, local officials and activists prepare to march across the Edmund Pettus Bridge to observe the 50th anniversary of “Bloody Sunday” in Selma, Ala., some civil rights leaders want them to remember that voting rights are still under attack.

Jesse L. Jackson, Sr., the president and founder of the Rainbow PUSH Coalition, recently convened a meeting of voting rights advocates and community stakeholders in Washington, D.C. to review the past, present and future of the Voting Rights Act of 1965 (VRA).

When the United States Supreme Court invalidated the coverage formula (Section 4) of the law in Shelby County v. Holder in July 2013, the court’s ruling effectively neutered Section 5 of the Voting Rights Act. States and jurisdictions with histories of voter discrimination would no longer be forced to pre-clear changes in their voting laws with the Department of Justice or in federal court in Washington, D.C.

In the aftermath of the ruling, Texas and North Carolina passed a series of restrictive voting laws that experts said will make it harder for poor people and Blacks to vote.

“My biggest fear with the movie ‘Selma’ and the excitement around the celebrations this year is that we will go to Selma and think Shelby is the footnote,” said Jackson. “Shelby is the deal, Selma is the footnote.”

In his typical fashion, Jackson said that events of Selma 50 year ago is in the rear view mirror and Shelby is in front of us and it’s getting bigger everyday.

Barbara Arnwine, the president and executive director of the Lawyers’ Committee for Civil Rights Under Law, a nonpartisan group focused on ending racial discrimination, said that in the wake of the Shelby County decision, it’s much harder to monitor what happens at the local level and that’s really where voting rights advocates miss Section 5 of the Voting Rights Act.

Arnwine expressed concerns that not enough is known about what local officials are doing to protect the right to vote in cities and municipalities that are holding elections for critically important county commission seats, city councils and school boards.

“So much is happening at the local level. Everyone monitors what happens at the state level, but what we don’t know with clarity is what is happening at the local level,” said Arnwine. “The beauty of [Section 5] was that it stopped discrimination before it happened, because it required covered jurisdictions to report any changes, and we were able to track those changes.”

Lawyers and voting rights advocates have turned to Section 2 of the voting law to defend voters, which is more costly and time consuming than bringing claims under Section 5.

Aggrieved parties not only have to wait until after the voting law takes effect before filing a lawsuit, they also have to prove that law is discriminatory, a high bar for voting rights lawyers and almost impossible for citizens to reach on their own.

According to research conducted by the Lawyers’ Committee, 72 percent of all successful discrimination claims under Section 2 were in jurisdictions formerly covered by Section 5. Two-thirds of those claims were in jurisdictions in only four states: Georgia, Louisiana, Mississippi and Texas.

Months before the Shelby County decision, Tanya Clay House, the public policy director for the Lawyers’ Committee, said that voting rights advocates planned for the possibility that the Supreme Court led by Chief Justice John Roberts would strike down the landmark law.

“We have to let go of what we had in Section 5, because we’re not going to get that back,” said Clay House. “It’s unfortunate, but that is the reality we’re faced with right now.”

Clay House said that the Voting Rights Amendment Act (VRAA), a bipartisan bill introduced by Reps. Jim Sensenbrenner (R-Wis.) and John Conyers (D-Mich.), isn’t perfect, but it’s better than what citizens have now.

The proposed bill includes a new requirement that all states would have to give notice to any voting rights changes and a “rolling trigger” for Department of Justice oversight for states with five voting rights violations, and political subdivisions with three violations in 15 years.

The Sensenbrenner-Convers bill, which never made it out of the Judiciary Committee during the last legislative session, also would allow federal observers in states outside of formerly covered jurisdictions.

But the proposal also includes a special exception for the controversial photo identification requirements some states have adopted. Further, it includes a carve out for the controversial photo identification requirements some states have adopted.

“We recognize that it’s a compromise bill that does strengthen our position and moves us from having nothing. We have no coverage compared to what we had under Section 5,” said Clay House.

She said that the Lawyers’ Committee will also join other groups to work on issues outside of the proposed bill, including long lines during elections, that have some have dubbed “the time tax” and challenges of early voting.

The most underutilized power that people of color have in this country that we have is economic boycotts, said Arnwine.

“For a nation that hates to talk about race, for a nation consumed by active racial denial, it has been fascinating to watch our nation be rocked by young people protesting the death of Michael Brown, Eric Garner, Tamir Rice and so many others, it has been fascinating to see this movement take to the streets,” said Arnwine. “Our challenge is to take that same level of energy to the streets on voting rights.”

The the Voting Rights Amendment Act has received less bipartisan support in the current Congress and Republicans in the United States House of Representatives have adopted the opinion that the Voting Rights Act worked so well that protections under Section 5 were no longer needed.

Jackson said that he didn’t want politicians marching in Selma who should be marching in Shelby County, because that’s’ what they stand for.

“If you’re for Shelby, say you’re for Shelby,” said Jackson. “My fear is that those who are hyped up coming from Congress want their ‘I went to Selma’ [photo-op], who are against what we stand for. There should be some line of demarcation established in that situation.”

Alabama State Rep. Merika Coleman-Evans agreed.

“All the Repubs that will sing ‘Kumbayah’ we need to make sure that every voter in the state of Alabama is enfranchised not disenfranchised if they want to get on board with that I’m with them but I’m not for the show. I’m not for the pomp and circumstance. I’m for some real action.

“Selma is not trendy, Selma is not Hollywood, Selma is real and when everybody leaves there’s still going to be high unemployment rates in Selma along with the state of Alabama,” said Coleman-Evans, who was also an Alabama state surrogate for President Obama during his 2012 campaign. “We want people to recognize, especially the president of these United States of America, who I have supported wholeheartedly for all these years, that we need help and we want to make sure others don’t co-op an event that has been done the same way for the past 40 years.”

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#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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