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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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Business

NPRC Scores First Advocacy Victory: David Shaw Finally Gets His Wish to ‘Go Home’

POST NEWS GROUP — The National Probate Reform Coalition (NPRC), formed by the Post Newspaper Group in January following years of reporting on alleged abuses within the probate court system, helped Beverly secure the return of her husband, along with the couple’s property and assets.

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Beverly and David Shaw were separated by a hospital after Beverly took David there to treat his dehydration. The hospital determined Beverly was not caring for David property and placed him under their guardianship. Courtesy photo.

For nearly four years, Beverly Shaw fought to bring her husband home.

She watched as David Shaw moved through three nursing homes, became increasingly sedated and repeatedly expressed his desire to return to his wife. Last week, that finally happened.

The National Probate Reform Coalition (NPRC), formed by the Post Newspaper Group in January following years of reporting on alleged abuses within the probate court system, helped Beverly secure the return of her husband, along with the couple’s property and assets.

For NPRC, the Shaw case represents its first major advocacy victory. For David, it means something much simpler: He finally got to go home.

In a letter to the court, Beverly raised serious concerns about her husband’s care at Riverview at the Park Nursing Home.

She alleged that David was frequently heavily sedated and questioned whether his medications were properly documented. She said an aide told her medications were sometimes administered without proper charting, although she acknowledged she had not independently verified that information.

Shaw also said she was unable to obtain David’s medical records and questioned medications he was receiving despite previous medical instructions following his 2023 stroke.

“I believe David has been subjected to abuse, neglect, and unnecessary chemical restraint,” Shaw wrote.

The allegations are Shaw’s account and have not been independently established. But they raise questions central to NPRC’s mission: Who is watching when a vulnerable person becomes subject to guardianship? Who is accountable when family members say they are ignored? And who makes sure the person under guardianship, not the professionals surrounding them, remains the priority?

“Please let me go home”

Perhaps the most compelling part of Shaw’s case was David’s own voice. Shaw told the court she possesses recordings in which David repeatedly expressed his desire to return home.

After 45 years of marriage and four years apart, Beverly argued that David deserved the opportunity to spend his remaining years at home with his wife, receiving individualized care.

NPRC responded with a “Request for Compassion” letter-writing campaign to Judge Thomas Inman, Associate Circuit judge for Ste. Genevieve County, Missouri. The coalition also helped Shaw pursue appropriate legal filings and engaged with her attorney to press for action.

The court ultimately returned David to Beverly’s custody and restored the couple’s property and assets.

“What we have here is the power of coalition,” said Alee Carrino, an NPRC planning committee member. “We applied pressure from all sides, and it worked.”

The victory comes during NPRC’s eighth month of organizing for probate reform. The coalition advocates for greater judicial and governmental oversight, court ombudsmen, mandatory mediation, transparency in probate billing and stronger protections for elders and disabled people.

The Shaw case sends a powerful message: Guardianship is supposed to protect vulnerable people, not permanently separate them from those who love and care for them.

David Shaw asked to go home. His wife fought to bring him home. NPRC supported her every step of the way, and this time, the system listened.

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Business

Car Wash Workers Cope with Lingering Impacts of ICE Raids

WAVE COMMUNITY NEWSPAPERS — Hundreds of car wash workers across Southern California have been detained in federal immigration raids, leaving lingering impacts on families and communities. Mario, a 33-year U.S. resident and father of three, was arrested at a Santa Ana car wash last August and held for two months.

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Photo: iStockphoto / NNPA.

LOS ANGELES — Mario relied on his job in the car wash industry to raise his three children. It was during a shift at a Santa Ana car wash last August that he was arrested by federal agents, taken to a U.S. Immigration and Customs Enforcement detention center and held for two months.

“They made me sleep on the cold floor for a week without a blanket, a toothbrush or basic medical care for the injured man next to me,” Mario, a 33-year resident of the United States, said at a news conference earlier this summer at Inglewood’s Crenshaw Imperial Car Wash, which is now closed after being raided by federal agents.

Mario, who is being identified only by his first name for safety reasons, is among hundreds of car wash workers detained across Southern California in the year since the Trump administration began an aggressive immigration crackdown in the region, according to the CLEAN Carwash Worker Center.

News of raids by masked agents has faded from the headlines, but the effects still linger for those caught in the crosshairs. Family members have been deported or left to languish in detention, and many who remain live with the fear of being hunted down by immigration officers.

At least 373 car wash workers have been detained at car washes across Southern California since the raids began last summer, according to figures compiled by CLEAN. The group’s data also shows federal agents raided or attempted to raid at least 106 car washes in communities across Los Angeles, Orange County and surrounding areas, including Inglewood, Culver City, Westchester, Bell and Whittier.

CLEAN, an advocacy group founded in 2007, has been fighting to protect car wash workers from exploitation and unsafe conditions. When the raids began last year, the group sprang into action, working around the clock to help detained workers and provide their families with legal and financial support.

“We gathered our information from workers, managers, and owners of the car washes that were being raided,” CLEAN Deputy Director Andrea Gonzalez said. “We also gathered information from rapid response teams who were on the ground responding to the raids.”

The Department of Homeland Security did not respond to a request for comment on the group’s findings.

Mario said he was one of seven workers at the Harbor Blvd Car Wash detained on the same day last August, but the only one who has been released. He said he refused to sign deportation papers and is fighting to stay in the United States, a process that has drained his family emotionally and financially.

“Being released is not the same as being free,” he said.

During Mario’s detention at the Adelanto ICE Processing Center, his wife and children struggled to cope with his sudden absence while fighting for his release, his wife Alejandra said.

“The employer gave us a video showing my husband being taken away under arrest, treated worse than a common criminal, with chains binding his legs, arms and waist,” Alejandra said. “It wasn’t right.”

The experience of a car wash worker named José was recounted at the news conference by the Rev. Andy Schwiebert of Immanuel Presbyterian Church in Los Angeles, who said agents “took him” from the La Cienega Car Wash last August.

José’s wife is a U.S. citizen, Schwiebert said, and José had a pathway to gaining citizenship before he was detained. By the time a judge ordered his release on bond, the car wash had shut down, Schwiebert said, leaving José without a job.

“These raids did not just target workers; they destabilized families, congregations, workplaces and entire communities,” Schwiebert said.

The administration’s aggressive enforcement operations have continued across the nation in the months since José’s and Mario’s detention, with ICE arrests in July surging to their highest rate so far under President Donald Trump.

Last month, ICE agents shot and killed Lorenzo Salgado Araujo, a 52-year-old father of three in Houston. Less than a week later, an immigration officer fatally shot 26-year-old Johan Sebastián Duran Guerrero in Biddeford, Maine.

Back in Inglewood, Mario said he was grateful to share his story and that, even though he was released, his experience in detention stays with him.

“I still feel frustrated and traumatized,” Mario said, “because my life is no longer the same as it used to be.”

Ernesto Ureño is a Loyola Marymount University journalism major and intern at Capital & Main, a nonprofit publication focused on inequality. It is published here with permission.

Based on reporting by Wave Community Newspapers.



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Crime

Congresswoman Simon Demands Investigation into Trump’s Abuse of Emergency Powers for Coal Export Terminal in West Oakland

POST NEWS GROUP — Last week, in a letter to the GAO Acting Comptroller General Orice Williams Brown, Simon and her colleagues questioned the Department of Energy’s plan to use up to $425 million in DPA funds to support coal-fired power plants and construct the West Gateway Terminal Project in Oakland.

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‘No On Coal’ demonstrators protest the use of the Port of Oakland as a terminal to ship coal overseas. File photo.

U.S. Rep. Lateefah Simon (D-CA-12) joined California senators and other members of the California delegation to Congress to call on the Government Accountability Office (GAO) to investigate the Trump administration’s use of the Defense Production Act and other taxpayer funds to support coal projects, including the proposed coal export terminal in West Oakland.

Defense Production Act funding is for national defense emergencies, such as authorizing private car companies to build parts for tanks or ships.

Since President Donald Trump’s June 4 announcement of $75 million in funding for the Oakland Bulk and Oversized Terminal, Simon has opposed and worked to stop the proposed coal terminal.

She filed an amendment to the Fiscal Year 2027 Energy and Water Appropriations bill that would have prohibited funding for the proposed Oakland coal export terminal project; however, House Republicans blocked the amendment.

Last week, in a letter to the GAO Acting Comptroller General Orice Williams Brown, Simon and her colleagues questioned the Department of Energy’s plan to use up to $425 million in DPA funds to support coal-fired power plants and construct the West Gateway Terminal Project in Oakland.

This terminal project would primarily serve foreign commercial markets, rather than meet national emergency needs.

“The Defense Production Act was intended to scale up domestic industrial capabilities to meet urgent military or national emergency needs; therefore, its invocation to construct a commercial, civilian export facility intended primarily to serve foreign commercial markets raises profound statutory, legal, and fiscal questions,” wrote the lawmakers, which included Senators Alex Padilla (D) and Adam Schiff (D), Jared Huffman (D-CA-02), ranking member of the House Natural Resources Committee and Reps. John Garamendi (D-CA-08) and Ro Khanna (D-CA-17).

“We do not believe this satisfies the statutory definition of ‘national defense’ or ‘critical infrastructure protection’ under the DPA and that there is no legally sufficient, data-driven nexus between civilian coal exports and immediate U.S. military readiness or critical infrastructure defense,” the lawmakers’ letter said.

DPA funds are intended for U.S. national security and defense readiness. The Trump administration is instead diverting these funds to support a commercial export project that primarily benefits private industries and foreign markets in East Asia.

“Congress has never appropriated funds to the DOE’s DPA account with the intent of propping up a dying industry or financing a purely commercial project,” continued the lawmakers. “We are deeply concerned that DOE has improperly diverted funds from accounts intended by Congress for the critical modernization and resilience support of our nation’s grid to instead finance a commercial fossil fuel export project.”

Simon and colleagues also raised concerns that the Trump administration has improperly diverted funds designated for critical grid modernization and may be using emergency authorities to circumvent local environmental protections.  

“With no clear national security nexus, we question whether the DOE utilized emergency DPA authorities with the intent of preempting or subverting valid local health ordinances and environmental regulations. If so, this would be a gross departure from the intent of the DPA,” concluded the lawmakers.

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