The Greene County Democrat

Category: Celebrity

  • Sat. workshop on USDA 22007 Discrimination Assistance Program

    Cornelius Blanding and Xernona Clayton


    Federation of Southern Cooperatives  to hold 56th Annual Meeting-August 17-19 The Federation of Southern Cooperatives/Land Assistance Fund will hold its 56th Annual Meeting in Birmingham and Epes, Alabama, from August 17 to 19, 2023.
    On Friday, August 18th at the Federation’s Rural Training and Research Center, there will be a workshop from 1:00 to 4:00 on the USDA 22007 Discrimination against Farmers Assistance Program (DFAP) for farmers to learn the latest information on this process.
    The Federation is the oldest, largest, and most effective organization of Black farmers in the nation. The Federation aids and support Black and other family-size farmers in cooperative development, land retention and advocacy for public policies beneficial to farmers and other rural people living in distressed communities.
    The meeting will begin on Thursday, August 17, 2023, in Birmingham at the Sheraton Hotel downtown. There will be roundtables with cooperative and land retention allies in the afternoon, followed by the Estelle Witherspoon Lifetime Achievement Awards Banquet. The banquet is named in honor of the Manager of the Freedom Quilting Bee in Alberta (Gees Bend) Wilcox County, Alabama, who was also a founding member of the Federation in 1967.
    The recipient of this year’s Lifetime Achievement award is Xernona Clayton of Atlanta.
    Ms. Clayton is an American civil rights leader and broadcasting executive. During the Civil Rights Movement, she worked for the National Urban League and Southern Christian Leadership Conference, where she became involved in the work of Dr. Martin Luther King Jr, and worked closely with him in press and public relations. Later, Clayton went into television, where she became the first African American from the southern United States to host a daily prime time talk show. She became corporate vice president for Turner Broadcasting.
    Clayton created the Trumpet Foundation. She was instrumental in the development of the International Civil Rights Walk of Fame that was developed by the foundation to honor the achievements of African Americans and civil rights advocates. She convinced a Grand Dragon of the Ku Klux Klan to denounce the Klan. Clayton has been honored by the National Association for the Advancement of Colored People and the city of Atlanta for her work.
    On Saturday, the meeting shifts to the Federation’s Rural Training and Research Center, near Epes, Alabama, which is the programmatic center of the organization of over 75 cooperatives and community development credit unions. At 10:00 AM there will be a panel of program leaders from the United States Department of Agriculture in credit, conservation, marketing, cooperative development, land retention and other areas of rural development explaining their programs, recent changes, and answer questions from the stakeholder audience.
    On Saturday afternoon, from 1;00 to 4:00 PM, there will be a special workshop on the recently announced 22007 USDA Discrimination Farmers Assistance Program (DFAP) that provides an opportunity for farmers, who were discriminated against for any reason by USDA in farm lending, up to January 1, 2021. This process is similar to but different than the process in the prior Black farmers class action lawsuits. The Federation has been funded by USDA, as one of nine ‘cooperator organizations’ to provide technical assistance to farmers on the 40-page DFAP application.
    Some Federation staff will be available during the Annual Meeting to help farmers with their DFAP applications and to make appointments or future one-on-one technical assistance sessions. The application is complicated, requires the submission of documents to provide evidence of discrimination and takes 4 to 5 hours and possibly more than one TA consultation to complete.
    There will be other workshops on Friday afternoon on land retention, heirs property solutions, climate-smart agricultural practices, the upcoming Farm Bill advocacy and other topics.
    There will be tours of the facility, focused on forestry and agroforestry demonstrations. The Saturday events will culminate in a fish fry and informal social and cultural gatherings.
    Saturday morning will begin at 7:30AM with a prayer breakfast, which is named in honor of Ms. Mattie Mack, a small tobacco farmer from Kentucky, who served on the Federation Board of Directors for many years. Ms. Mack always wore fancy hats to the prayer breakfast, so women are encouraged to wear their finest hats for this occasion.
    After the Prayer Breakfast, at 9:30 AM the Federation will hold its members-only business meeting and hear a report from its Board of Directors and Executive Director, Cornelius Blanding on the programmatic activities, financial status, and future plans of the organization. Members will meet in state caucuses to evaluate and comment on these reports and make suggestions for future work.
    After lunch on Saturday, the Federation will award five $1000 scholarships to youth from the membership who are planning to attend college and other post-secondary educational programs. The scholarships are made possible by a generous donation from Sharing Inc. of Braintree, Massachusetts that holds a Good Friday Walk, each year, to raise funds for groups engaged in social change in the rural South.
    Reports will be given from the state caucuses and the states of Georgia and South Carolina will elect members to the Federation’s Board of Directors.
    Farmers and others interested in registering for the Federation’s Annual Meeting, may contact this website: http://www.federation.coop for details and fees. You may also call the Federation’s RTRC in. Epes at 205-652-9676 for more information.

  • Newswire: Witnesses recount brawl at Montgomery riverfront

     Harriot II Dinner Cruise Riverboat

    Witnesses say the brawl began when a group of boaters refused to move their pontoon and attacked a dock worker in Alabama’s capital.


    By Char Adams and Lori Daniel, NBC News

    Witnesses say a large brawl that broke out on an Alabama riverfront Sunday was fueled by alcohol and adrenaline. 
    Bystanders said the incident began when a worker tried to clear the dock along the Alabama River so the Harriott II Riverboat could dock. A group of rowdy boaters refused to move their pontoon and attacked the dock worker when he untied the boat to make way for the Harriott II.
    “They just didn’t think the rules applied to them. It was so avoidable. This never had to have happened,” said a witness, Leslie Mawhorter, 52, who was aboard the Harriott II, said in an interview. Video of the incident shows a group of what appear to be white men running to the boardwalk one by one and attacking the worker, who is Black. 
    The man who was initially attacked and the people involved in the fight have not been publicly named. 
    “Everything just spiraled from there,” Mawhorter said. “I knew something was going to go down, because their attitude was just, ‘You can’t tell us what to do.’ They were going to be confrontational regardless of who you were.” 
    A spokesperson for the city Parks & Recreation, which oversees the riverboat attractions, declined to comment. The Montgomery Riverfront is a popular summertime destination with a riverboat, a park, an amphitheater, a stadium and more. 
    After the initial attack, several people appeared to rush to the worker’s defense, one of them even swimming from the Harriott II over to the dock to take part in the brawl. Mawhorter said officers turned to the onlookers for help identifying the aggressors. “They were listening to us and to other people telling them who was involved and who needed to be cuffed,” she said.
    Montgomery police had multiple people in handcuffs by the end of the melee, which started shortly before 7 p.m., and there were at least three active warrants for people believed to have been involved afterward, according to NBC affiliate WSFA.
    Mayor Steven L. Reed said in a statement Sunday: “The Montgomery Police Department acted swiftly to detain several reckless individuals for attacking a man who was doing his job. Warrants are being signed and justice will be served.” 
    He reiterated his response at a news conference Monday, calling the fight “an unfortunate incident.” He said police are still investigating. 
    Christa Owen, 47, was on the Harriott II with her husband and their daughter when the fight began. She and Mawhorter said they and the other passengers had been waiting several minutes for the group to move their pontoon and allow the Harriott to dock. Owen said the worker who was attacked was initially the only crew member trying to handle the rowdy boaters.
    “What was hard is we were all on the boat and witnessing our poor crewman being attacked by these guys, and we couldn’t do anything about it,” Owen said. “It was really difficult to watch, and, like I said, we felt helpless, because we were forced to be spectators.”
    Owen said she decided to record the incident to make sure the “right people” were arrested. Her and Mawhorter’s videos were among many that began circulating on the internet. Many social media users have shared memes and colorful commentary, noting that the combatants were split along racial lines. Many praised the group of Black men for coming to the Black worker’s defense as he battled the group of white men. 
    “It was inexcusable behavior,” Owen said, adding that she believes alcohol was a factor. “I can’t imagine anyone just disregarding moving their boat 2 feet so that a three-story dinner cruise boat could park back in that spot.

  • Newswire: Conservative group files lawsuit against venture capital fund that offers help to Black women-owned businesses

    Black women who head Fearless Fund


    By Stacy M. Brown, NNPA Newswire Senior National Correspondent

    With the white sheets removed, the hoods now off, and the dog whistles as overt as they were during Jim Crow and the struggle for civil rights in the mid-20th century, a conservative group that spearheaded the Supreme Court’s overturning of affirmative action now has set its sights on Black women.
Edward Blum, a conservative activist, founded the American Alliance for Equal Rights nonprofit, which has filed a lawsuit against Fearless Fund, an Atlanta-based venture capital fund.
The lawsuit alleges that Fearless Fund “is engaging in unlawful racial discrimination by restricting eligibility for its grant competition to only Black women entrepreneurs.”
The legal action cited the Civil Rights Act of 1866 and was filed in federal Court in Atlanta.
Fearless Fund, established in 2019 by prominent Black women, including Cosby Show actress Keshia Knight Pulliam, entrepreneur Arian Simone, and corporate executive Ayana Parsons, aims to support and empower Black women who own small businesses.
Notable investors in the fund include Bank of America, Costco Wholesale, General Mills, Mastercard, and JPMorgan Chase.
The lawsuit reportedly marks Blum’s first legal challenge since his organization’s victory in the Supreme Court in June.
The Court rejected affirmative action in collegiate admissions, ruling against race-conscious student admissions policies used by institutions like Harvard University and the University of North Carolina.
Blum’s group had argued that such policies unfairly discriminated against white and Asian American applicants.
Blum’s lawsuit focuses on Fearless Fund’s “Fearless Strivers Grant Contest,” which provides $20,000 in grants, digital tools, and mentorship opportunities to Black women business owners.
The American Alliance for Equal Rights claims that white and Asian American members of their organization have been excluded from the grant program solely based on race.
Fearless Fund has yet to respond to the allegations.
In an interview with Reuters, Blum stated that the lawsuit is just the beginning of his efforts to challenge race-based policies used by private corporations through the American Alliance for Equal Rights.
He said he aims to build upon the success of the cases against Harvard and UNC, filed by his organization, Students for Fair Admissions, which led to the Supreme Court’s landmark ruling in June.
“The common theme of these organizations is to challenge in the courts the use of racial classifications and preferences in our nation’s policies,” Blum said, as reported by Reuters.

     

  • Newswire: U.S. District Judge Tanya S. Chutkan to oversee former President Trump’s election interference case

    Federal Judge Tanya S. Chutkan

    By Stacy M. Brown
NNPA Newswire Senior National Correspondent

    Judge Tanya S. Chutkan will preside over the case of former President Donald Trump’s alleged efforts to overturn the 2020 election.
This decision comes after Chutkan’s previous involvement in key motions related to the January 6 committee’s investigation.
Chutkan has a history with Trump. She denied his 2021 motion to prevent records from being given to the January 6 committee.
In her decision, she emphasized that “Presidents are not kings, and Plaintiff is not president.” This ruling showcased her commitment to upholding the principles of democracy and the rule of law.
A trailblazer in her own right, Chutkan’s background is impressive.
She was born in Kingston, Jamaica and moved to the United States to pursue higher education.
She earned a bachelor’s degree in economics from George Washington University and later graduated from the University of Pennsylvania Law School.
Chutkan began her law career working in private practice and later at the District of Columbia Public Defender Service.
After that, she joined the law firm Boies, Schiller, & Flexner LLP, where she specialized in white-collar criminal defense for a total of 12 years.
Legal experts described Chutkan as incredibly dedicated to justice and fair representation as a public defender. They said her commitment to ensuring equal access to justice was evident.
Her colleagues said her extensive experience in complex legal matters and criminal defense undoubtedly contributed to her well-rounded understanding of the law.
Chutkan was appointed to the District Court for the District of Columbia by former President Barack Obama in 2014.
Chutkan has a reputation for being a fair and committed judge.
Still, she hasn’t shied away from imposing harsher sentences than the Justice Department initially requested in cases involving January 6 defendants.
When federal prosecutors suggested that Matt Mazzocco serve three months of home confinement and probation after he pleaded guilty to misdemeanor charges of storming the U.S. Capitol on Jan. 6, Chutkan insisted that there must be consequences “beyond sitting at home” for individuals involved in an attempted violent overthrow of the U.S. government.
“If Mr. Mazzocco walks away with probation and a slap on the wrist, that’s not going to deter anyone trying what he did again,” Chutkan asserted from the bench.
“It does not, in this Court’s opinion, indicate the severity – the gravity of the offenses that he committed on Jan. 6.”
Ultimately, she sentenced Mazzocco to 45 days in jail and 60 hours of community service.
Many observers said her stance reflects a belief in the importance of holding individuals accountable for their actions during the insurrection.
The judge has refused to bow to political pressure or executive privilege.
In addition to denying Trump’s emergency motion in 2021, attempting to prevent the National Archives from turning over his administration’s records to the January 6 committee, she has remained steadfast in upholding the law.
“For a lot of people, I seem to check a lot of boxes: immigrant, woman, Black, Asian. Your qualifications are always going to be subject to criticism and you have to develop a thick skin,” Chutkan was quoted as saying in a February 2022 profile posted by the federal judiciary.

  • Newswire: Trump indicted by grand jury in special counsel Jack Smith’s Jan. 6 investigation

    By: CBS News

    Washington — Former President Donald Trump has been indicted by a federal grand jury on charges stemming from his efforts to remain in power after he lost the 2020 presidential election, adding to the former president’s ongoing legal troubles as he mounts a third bid for the White House.
    According to the indictment handed up Tuesday by a federal grand jury, Trump faces four charges: conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.
    Special counsel Jack Smith, in announcing the charges Tuesday, called what happened on Jan. 6, 2021, an “unprecedented assault” on democracy. “It was fueled by lies: Lies by the defendant targeted at obstructing a bedrock function of the U.S. government — the nation’s process of collecting, counting and certifying the results of the presidential election.”
    The indictment says of Trump that despite having lost, he “was determined to remain in power.” So, for over two months after the election, Trump “spread lies that there had been outcome-determinative fraud in the election and that he had actually won,” the indictment states, and adds, “These claims were false, and the defendant knew they were false,” but “repeated and widely disseminated them anyway.”
    Six unnamed co-conspirators are alleged by the indictment to have been “enlisted” to assist Trump in “his criminal efforts to overturn” the election “and retain power.”
    Trump and his co-conspirators allegedly “pushed officials to ignore the popular vote” and “organized fraudulent slates of electors” in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin, according to the indictment. The indictment accuses Trump and his co-conspirators of using “knowingly false claims of election fraud” in organizing the fraudulent slates of electors. 
    Prosecutors allege Trump and his co-conspirators also attempted to use the power of the Justice Department to conduct “sham election crime investigations,” and attempted to enlist then-Vice President Mike Pence to use his ceremonial role in affirming the electoral vote count on Jan. 6 to “fraudulently alter the election results.” The indictment also alleges Trump repeatedly pressured Pence to fraudulently reject or return Mr. Biden’s electoral votes. 
    Trump will be arraigned on Thursday at 4:00 in Federal District Court in Washington, D. C.

  • 48th Annual Black Belt Folk Roots Festival scheduled for August


    Blues musician Clarence Davis, Union Alabama, is one of founding folk artists of the Black Belt Folk Roots Festival; Ms.Vera Spencer cooking skins; Ms.Odessa Rice with crafts and
    Mrs. Claretha and Mr. James Gaines, Sr. singing old timey gospel.

    It’s that special time of year again and the excitement is escalating. The 48th annual Black Belt Folk Roots Festival is coming to town on Saturday, August 26 and Sunday August 27, 2023. This community celebration is held on the old courthouse square in Eutaw, AL, (Greene County). The festival features down home blues music, old timey gospel, traditional foods, handmade crafts and special events for the young people.
    All this and more is happening at the annual Black Belt Folk Roots Festival, an event that celebrates culture and traditions.
    Saturday’s events are scheduled from 11:00 a.m. to 6:00 p.m. with Ole Timey Blues and dancing featuring musicians Clarence Davis, Terry “Harmonica” Bean, Jock Webb, Lil Lee and the Midnight Blues Band, Willie Halbert and the Fingerprint Band, Lendell Peebles and the Grapevine, Scott Percer and the Roadhouse Blues Band, Lemon Harper, Russell Gulley on guitar and others.
    The handmade crafts available at the festival are traditional quilts and other needle works; baskets from white oak, pine needles and corn shucks, handmade soaps, candles and scents, handmade jewelry and other decorative items.
    The assortments of down-home foods include, barbecue, fried fish, chicken and pork skins, Polish sausage and Bear Burgers, ice cream, cakes and pies; snow cones, Italian ice, popcorn, freshly squeezed lemonade and more.
    Saturday’s festivities will also sponsor a Kids Tent, with complimentary hands-on art activities for the children. Special features will include pottery making and African drumming.
    Ole Timey Gospel is reserved for Sunday’s festival beginning at 2:00 p.m. and featuring the The Melody Kings, The Mississippi Traveling Stars, The Golden Gates, New Generation Men of Promise, Greene County Mass Choir, The American Travelers, Maxine Donald and the Chosen Ones, soloist Ms. Eddie Mae Brown and many others.
    “The Black Belt Folk Roots Festival is homecoming time in the region. Many families, class reunions and social clubs plan their annual activities to coincide with the festival’s schedule,” stated Dr. Carol P. Zippert, festival coordinator. “The festival brings together musicians, craftspersons, storytellers, food specialists, community workers – all who are considered bearers of the traditions and folkways of the West Alabama region. This is a festival where people truly celebrate themselves – their joys and struggles and especially ‘how we made it over,’” Zippert states.
    According to Dr. Zippert, the two day festival is open to the public free of charge. The hours are Saturday, August 26, 11:00 a.m. – 6:00 p.m. and Sunday August 27, 2:00 p.m.- 7:00 p.m.
    The Black Belt Folk Roots Festival is supported in part by the Alabama Department of Tourism, Black Belt Community Foundation, Alabama Power Foundation and other contributors.
    The festival is produced by the Society of Folk Arts & Culture. For more information contact Carol P. Zippert at 205-372-0525; Email: zippert.carol79@gmail.com

  • Newswire: Ghana parliament votes to abolish death penalty

    Ghana’s parliament has voted to abolish the death penalty, joining a long list of African countries that have done so in recent years.

    The country currently has 170 men and six women on death row, whose sentences will now be replaced by life imprisonment. The last execution took place in 1993.

    Execution has been the mandatory sentence for murder in Ghana. Opinion surveys suggest that most Ghanaians approve abolition.

    Last year seven people were sentenced to death in Ghana – but none were executed. Treason has also been punishable by death in Ghana.
    The bill to amend the Criminal Offences Act was put forward by MP Francis-Xavier Sosu and had the backing of the parliament’s Committee on Constitutional, Legal and Parliamentary Affairs.

    A London-based campaign organization, the Death Penalty Project (DPP), had worked with Mr Sosu to get the law changed. 

    A statement from DPP says Ghana is the 29th African country to abolish the death penalty, and the 124th globally.

    In recent years many African states have abolished the death penalty, including Benin, Central African Republic, Chad, Equatorial Guinea, Sierra Leone and Zambia.

    Mr Sosu said that “on death row, prisoners woke up thinking this could be their last day on earth. They were like the living dead: psychologically, they had ceased to be humans.  “Abolishing the death penalty shows that we are determined as a society not to be inhumane, uncivil, closed, retrogressive and dark.”

    He added this would pave the way to a free and progressive society reflecting “our common belief that the sanctity of life is inviolable”. 

  • Newswire: Tony Bennett’s life wasn’t just singing; he marched along with King, Belafonte for Civil Rights

    Photo: Dr. ML King Jr. Nipsie Russell, Tony Bennett and Harry Belafonte at Selma-to-Montgomery March; Tony Bennett

    By Stacy M. Brown
  NNPA Newswire Senior National Correspondent

    Tony Bennett,the legendary singer whose smooth vocals and timeless classics captured the hearts of millions, died at 96 in his hometown of New York.
Although renowned for his musical achievements, his tireless work in civil rights advocacy has left an indelible mark on history.
    Bennett’s journey into activism began early in his life. Drafted into the Army as a teen in 1944 during World War II, he served on the front lines in Europe, witnessing the horrors of war and its devastating impact on human lives.
    “The first time I saw a dead German, that’s when I became a pacifist,” Bennett revealed in an earlier interview with Howard Stern. “Every war is insane, no matter where it is or what it’s about. Fighting is the lowest form of human behavior. No human being should have to go to war, especially an eighteen-year-old boy.”
    His time in the military exposed him to the grim reality of racial segregation within the U.S. Armed Forces. After being caught consorting with a Black soldier, Bennett was spat upon by a higher-ranking Army official, who assigned him the unenviable task of digging up the corpses of dead military members. He said the encounter motivated him to speak out for civil rights.
    In 1965, Bennett took part in the historic 50-mile Selma to Montgomery marches, standing alongside Dr. Martin Luther King Jr. to demand equality and justice for all.
“The mood was anger,” singer and activist Harry Belafonte said in an interview he and Bennett did in 2013.
    
“The mood was rebellious on the part of the movement, on the part of the civil rights crowd, and the question is: What do we do in the face of this kind of rage and this kind of mayhem? And there was just… the bottom line was that we will go back as often as necessary.”


    To rally the crowd during the march, Bennett performed “Just In Time” on a makeshift stage constructed from dozens of empty coffins, a powerful symbol of the lives lost in the struggle for civil rights. “I didn’t want to do it, but then Harry Belafonte told me what went down,” Bennett recalled.
    “How some blacks were burned, had gasoline thrown on them. When I heard that, I said, ‘I’ll go with you,’” he said. Bennett remained dedicated to championing humanitarian causes and advocating for equality throughout his life.
    He was an outspoken ally of various social issues, using his platform to bring attention to pressing global challenges, including the plight of refugees. Bennett also refused to perform in South Africa during the Apartheid era, and later received the United Nations Higher Commissioner for Refugees Humanitarian Award for his unwavering commitment to humanitarian work.
    Additionally, his contributions to civil rights earned him a place of honor as an inductee into the International Civil Rights Walk of Fame.
    
Beyond his activism, Bennett was a prolific musician with an impressive discography that spanned over 70 albums, earning him 19 performance Grammy awards.
    His rendition of “I Left My Heart In San Francisco” became a timeless classic, earning him a legion of devoted fans, including fellow artists like Frank Sinatra and Lady Gaga.
    A Kennedy Center Honoree and a National Endowment for the Arts Jazz Master, Bennett is survived by his wife Susan, daughters Johanna and Antonia, sons Danny and Dae. He also had nine grandchildren.

  • Newswire: Vice President Kamala Harris makes history with 31st tie breaking Senate vote

    Vice-President Kamala Harris


    By Stacy M. Brown, NNPA Newswire Senior National Correspondent

    Kamala Harris, the groundbreaking Vice President who shattered glass ceilings as the first woman and person of color to hold the position, has again etched her name into the annals of history.
    On Wednesday, July 12, she equaled the record for the most tiebreaking votes ever cast by a Vice President in the U.S. Senate. Harris’s 31st tiebreaking vote propelled the nomination of Kalpana Kotagal to the Equal Employment Opportunity Commission.
    The only vice president to accumulate such a significant number of tiebreaking votes was John C. Calhoun, who served from 1825 to 1832.
    Reflecting on her achievement, Harris spoke to reporters and expressed her commitment to paving the way for others. “It is a moment, and I think that there’s still so much left that we have yet to do,” she remarked.
    Drawing inspiration from her mother’s advice, she added, “My mother gave me great advice, which is that I may be the first to do many things. I’m going to make sure I’m not the last.”
    Unlike Calhoun, who accumulated his record over eight years, Harris matched the milestone in just two and a half years. This feat underscores her tenure’s unique circumstances, characterized by a narrowly divided Senate and a profoundly partisan atmosphere.
    Senate Majority Leader Chuck Schumer, a Democrat from New York, lauded Harris’s historic tiebreaking vote in a speech delivered on the Senate Floor. “I want to note that this is a history-making moment for the United States Senate,” he declared.
 Schumer emphasized the weighty responsibility assigned to the Vice President as the President of the Senate, compelled to cast decisive votes in the event of an evenly split chamber.
    Schumer also commended Harris for her pivotal role in passing crucial legislation.
“When it’s mattered most, Vice President Harris has provided the decisive vote on some of the most historic bills of modern times,” he stated. From the American Rescue Plan to the Inflation Reduction Act and the confirmation of numerous federal judges who now contribute to the balance of the federal bench, Harris has exemplified excellence in carrying out her duties, according to Schumer.The Majority Leader expressed gratitude on behalf of the Senate for Harris’s contributions.


  • Newswire : Supreme Court in 6-3 decision in Moore vs. Harper rejects ‘independent state legislative theory’

    By Stacy M. Brown, NNPA Newswire Senior National Correspondent

    The U.S. Supreme Court declined to impose new restrictions on state courts regarding election-related matters. The decision came as the Court ruled against Republicans in North Carolina fighting for a congressional district map that favored their candidates.
The justices voted 6-3, in the case of Moore vs. Harper, stating that the North Carolina Supreme Court had acted within its authority by deeming the map a partisan gerrymander under the state Constitution.
The ruling rejects the “independent state legislature” theory, an obscure legal argument made by Republicans.
The theory argues that state courts have limited power to strike down election laws enacted by state legislatures.
However, the Supreme Court’s decision refused to adopt this broad interpretation, much to the relief of voting rights groups and Democrats concerned about potential limitations on state court authority.
Former President Barack Obama expressed his approval of the Court’s decision, tweeting, “Today the Supreme Court rejected the fringe independent state legislature theory that threatened to upend our democracy and dismantle our system of checks and balances.”
The “independent state legislature” argument centers on the language of the Elections Clause in the Constitution, which states that election rules “shall be prescribed in each state by the legislature thereof.”
Proponents of the theory claim that this language gives state legislatures ultimate power over federal election rules under state law, potentially overriding any constraints imposed by state constitutions.
Chief Justice John Roberts, writing the majority opinion, agreed that state courts could apply state constitutional restraints when legislatures exercise the power granted by the Elections Clause.
However, he noted that state courts should be within the bounds of ordinary judicial review when conflicts with federal law arise. Federal courts can intervene in such cases, according to the Court’s conclusion.
The North Carolina Supreme Court had previously issued the ruling.
Still, following the midterm elections, the court composition changed to Republican control, and the decision was recently overturned.
That development raised questions about whether the Supreme Court needed to decide the case at all. Justice Clarence Thomas, joined by fellow conservative justices Samuel Alito and Neil Gorsuch, dissented, arguing that the case was moot.
Thomas expressed concern that the decision would create confusion in lower courts, potentially leading to more cases resembling the controversial Bush v. Gore ruling in 2000 and ultimately resulting in Republican George W. Bush becoming president.
In a separate opinion, Justice Brett Kavanaugh hinted that the Court might address the scope of state court authority in a future case. He emphasized that the Court had established a general principle for federal court review of state court decisions in federal election cases.
He suggested that a more specific standard would be distilled in due course.
Although the congressional map in North Carolina will be redrawn before the 2024 election due to a state law provision, the Supreme Court’s ruling suggests that the new map is likely to favor Republicans heavily.
Had the Court embraced the “independent state legislature” theory, it would have impacted redistricting disputes and other election-related rules, including issues like mail-in voting and voter access to the polls.
This theory could have also called into question the power of governors to veto legislation.
Chief Justice William Rehnquist had endorsed a version of the theory in the 2000 Bush v. Gore case. During the recent oral arguments, several justices referenced Rehnquist’s opinion to support the notion of constraining state officials, including judges, from making changes to election laws enacted by legislatures without proper legal grounding.
Supporters of former President Donald Trump cited the “independent state legislature” theory in various cases related to the 2020 presidential election.
Republicans, including Tim Moore, used the theory after the North Carolina Supreme Court invalidated the congressional district map last year. They argued that the state court had exceeded its authority.
The Supreme Court agreed to hear the case but maintained an interim map for the 2022 midterm elections, in which Democrats and Republicans each won seven seats.
Prominent figures supporting the theory included John Eastman, a lawyer involved in Trump’s efforts to overturn the 2020 election results. Eastman argued that then-Vice President Mike Pence could block the certification of President Joe Biden’s victory on January 6, 2021. Conservative groups advocating for stricter voting restrictions and claiming widespread voter fraud also supported the theory.
Democrats and voting rights activists had raised concerns about the case, particularly in light of attempts to overturn the results of the 2020 presidential election.
“This 6-3 decision should put an end to the radical theory that state legislatures can operate without being bound by state constitutions or judicial review,” said Dr. Jennifer Jones of the Union of Concerned Scientists.
“The fight to end partisan gerrymanders is still ongoing, and politicians in North Carolina and other states may still try to lock in their power through biased maps, but today’s decision confirms that those legislators’ power is not absolute. Today’s decision is a relief for everyone concerned with free and fair elections.”