Category: Politics

  • Sotomayor nods to Black Lives Matter in biting dissent of illegal search ruling

    By Ben Rosen, Christian Science Monitor

    Justice Sonia Sotomayor

    Supreme Court Justice Sonia Sotomayor

    Evidence police obtain through wrong or illegal search and seizures can be used against defendants in some cases, a majority of the US Supreme Court ruled Monday, in a controversial decision that critics say infringes on civil liberties.
    In a 5-3 decision, the court found a Utah police officer’s unlawful stop and search of Joseph Edward Strieff in Salt Lake City shouldn’t negate the warrant the officer, detective Doug Fackrell, discovered for Mr. Strieff’s arrest and the methamphetamine and drug paraphernalia he found on Strieff. In the majority opinion, Justice Clarence Thomas said Mr. Fackrell’s discovery of the warrant “attenuated the connection between the unlawful stop and the evidence seized incident to arrest.”
    “While Officer Fackrell’s decision to initiate the stop was mistaken, his conduct thereafter was lawful,” wrote Justice Thomas.
    In Justice Sonia Sotomayor’s dissent, she condemned Thomas’s majority opinion and the police conduct it allows, which she wrote turns America into a “carceral state” because the citizens of this democracy will be subject to searches at any time. As the nation contends with questions the Black Lives Matter movement has surfaced, Sotomayor’s dissent shows the subject of police misconduct, especially in profiling citizens, has reached at least some of the high court.
    “By legitimizing the conduct that produces this double consciousness, this case tells everyone, white and black, guilty and innocent, that an officer can verify your legal status at any time,” she wrote. “It says that your body is subject to invasion while courts excuse the violation of your rights. It implies that you are not a citizen of a democracy but the subject of a carceral state, just waiting to be cataloged.”
    “The court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights,” continued Sotomayor. “Do not be soothed by the opinion’s technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants — even if you are doing nothing wrong.”
    In the case, Utah vs. Strieff, an anonymous tip of “narcotic activity” in a home led police to surveillance it, according to The New York Times. After Strieff left the house, Officer Fackrell stopped his vehicle “based on what the state later conceded were insufficient grounds, making the stop unlawful.” However, Fackrell found a warrant for Strieff for a minor traffic violation. He arrested Strieff, searched him and found methamphetamines and drug paraphernalia on him.
    The Utah Supreme Court found the drugs could not be used to incriminate Strieff given the unlawful stop.
    Strieff is white. Sotomayor’s dissent, however, focused particularly on “suspicionless stops” against people of color, invoking James Baldwin’s “The Fire Next Time,” W.E.B. Du Bois’s “The Souls of Black Folks,” and Ta-Nehisi Coate’s “Between the World and Me,” as Vox reported.
    Sotomayor wrote that “suspicionless stops” are significant because “outstanding warrants are increasingly common.” A Justice Department report from 2015 found that 16,000 of Ferguson, Mo.’s 21,000 residents had outstanding warrants, many of which were for unpaid traffic fines.
    As Black Lives Matter has called police miconduct into question, Justin Driver, a law professor at the University of Chicago, told The New York Times Sotomayor’s dissent was “the strongest indication we have yet that the Black Lives Matter movement has made a difference at the Supreme Court – at least with one justice.”
    Others, however, previously worried that Black Lives Matter’s criticism of the criminal justice system – of systemic racism against blacks – goes too far, as The Economist wrote in August, suggesting that the current president has addressed the problem with more nuance.
    “Unfortunately, America’s criminal-justice problems are deep and systemic, and there is indeed troubling evidence of racism. But it is inaccurate to present these problems as the result of an organised conspiracy by all white people to hold down blacks,” wrote the publication. “That is something that Barack Obama, whose speeches on race this year have been thoughtful and brilliantly articulated, appears to understand. Those who wish to succeed him ought to bear this in mind.”

    This report contains material from the Associated Press.

  • After meeting with Orlando victims, Obama renews call for gun control

    By: Gregory Korte, USA TODAY
    Obama and Biden

    President Obama and Vice President Biden lay flowers for the victims of the mass shooting at a gay nightclub Sunday in Orlando, Florida, June 16, 2016. (Photo: SAUL LOEB, AFP/Getty Images)

    WASHINGTON — President Obama said Thursday that destroying the Islamic State alone won’t stop lone-wolf terror attacks as long as disturbed people have easy access to assault weapons. Obama renewed his call for gun control legislation after a series of emotional private meetings in Orlando with the families of victims of the worst mass shooting in American history. Law enforcement officials say Omar Mateen, a 29-year-old security guard apparently inspired by a mix of radical Islamic propaganda and anti-gay hatred, shot and killed 49 people at a gay nightclub early Sunday morning.
    “Those who were killed and injured here were gunned down by a single killer with a powerful assault weapon,” Obama said. “The motives of this killer may have been different than the mass killers in Aurora, or Newtown. But the instruments of death were so similar. Now another 49 innocent people are dead. Another 53 are injured. Some are still fighting for their lives. Some will have wounds that will last a lifetime.”
    Obama tried to acknowledge the complex mix of motivations and causes of the Orlando attack, but focused mostly on just one: guns.
    Calling on the Senate to reconsider gun safety legislation defeated after the 2012 shooting of first graders at Sandy Hook Elementary School in Newtown, Conn., Obama challenged opponents of gun control to meet with the families of the Orlando victims. “They don’t care about politics. Neither do I. Neither does Joe,” he said, standing beside Vice President Biden.
    “I truly hope that senators rise to the moment and do the right thing. We can stop some tragedies. We can save some lives. If we don’t act, we will keep seeing more massacres like this,” he said.
    Obama noted the role of the so-called Islamic State, also known as ISIL, in inspiring and encouraging terror attacks. But said the last two attacks — in San Bernardino and Orlando — were conducted by “deranged individuals warped by the hateful propaganda that they had seen over the Internet.”
    “It’s going to take more than just our military.” he said. “If you have lone wolf attacks like this, hatched in the minds of disturbed persons, then we’re going to have to take different kinds of steps to prevent something like this from happening.”
    The president also expressed support for the gay community. “It’s a good time for all of us to reflect on how we treat each other, and to insist on respect and equality for every human being,” he said. “We have to end discrimination and violence against our brothers and sisters in the LGBT community. “We have to end discrimination and violence against our brothers and sisters who are in the LGBT community — here at home and around the world
    Obama’s remarks to reporters followed private meetings with victims, police officers, doctors and staff of the Pulse nightclub where the shooting happened Sunday.
    “As you might imagine, their grief is beyond description,” Obama said. “Through their pain and through their tears, they told us about the joy that their loved ones had brought to their lives.”
    Obama and placed 49 white roses at a memorial for the 49 victims at a performing arts center near Orlando City Hall. “Our hearts are broken, too. We stand with you,” Obama said. “We are here for you.”
    In all, Obama spent about four hours in Orlando. Landing at Orlando International Airport with Sen. Marco Rubio, R-Fla. and Rep. Corrine Brown, D-Fla., Obama disembarked Air Force One and greeted Gov. Rick Scott and Orange County Mayor Teresa Jacobs, both Republicans. Obama also accepted a T-shirt from Orlando Mayor Buddy Dyer, a Democrat.
    Obama and Biden then went to the Amway Center, an arena about two miles from Pulse, where an apparently self-radicalized security guard, Omar Mateen, opened fire early Sunday morning.

     

     

  • California advances 2 minority women to Senate runoff

    Michael R. Blood, Associated Press

    Kamala Harris

    Kamala Harris thanks campaign volunteers

    LOS ANGELES (AP) – In a historic first, California voters Tuesday sent two Democrats, both minority women, to a November runoff for the state’s open U.S. Senate seat.

    The matchup between state Attorney General Kamala Harris and 10-term Congresswoman Loretta Sanchez marks the first time since voters started electing senators a century ago that Republicans will be absent from California’s general election ballot for the Senate. The outcome reaffirms the GOP’s diminished stature in the nation’s most populous state.

    The two were among 34 candidates seeking the seat being vacated by retiring Sen. Barbara Boxer, a liberal favorite first elected a generation ago, in 1992.

    Under California election rules, only two candidates – the top vote-getters – advance to the November election.

    Harris had a wide lead in unofficial returns and in a forceful showing was ahead in all but a handful of the state’s 58 counties. Sanchez, from Orange County, had a secure hold on second place.

    “The stakes are high. The eyes of the country are on us, and I know we are prepared to do ourselves and our state and our fellow Californians proud,” Harris told cheering supporters at a celebration rally.

    She warned that voters in the upcoming campaign would “hear a lot of that rhetoric that tries to divide us, that is trying to tell us that somehow, we should start pointing fingers at who all among us is to blame, instead of understanding that instead, we should be embracing and wrapping our arms around each other, understanding we are all in this together.”

    Earlier in the day, Sanchez hinted they she planned to attack Harris’ record. “Hopefully we’ll see what Miss Harris stands for, I haven’t really gotten an indication of that yet,” Sanchez said of the coming runoff. “I know where I stand on issues, I’ve got 20 years of votes.”

    With 3.7 million votes tallied, Harris had about 1.5 million votes, or 40 percent. Sanchez was at 17 percent, with about 640,000 votes. Harris performed strongly in the San Francisco Bay Area, her stronghold, but was also leading in strongly Hispanic Los Angeles County and was about tied with Sanchez in the congresswoman’s home county, Orange.

    Republican candidates were lagging in single digits. Duf Sundheim, a Silicon Valley lawyer and a former chairman of the California Republican Party, was leading a cluster of Republicans trailing the two Democrats.

    In a year when millions of voters embraced outsider candidates in the presidential contest, California Senate voters appeared impressed with the two Democrats’ deep experience.

    Hoai Le, a 62-year-old mechanic from Santa Ana, said he was backing Sanchez because of her two decades in Congress. “She’s been there for a while. She knows how the system works,” said Le, an independent, after casting his ballot at a community center. “She can do a lot better than the new guy.”

    Jeanette Wright of San Francisco, a 47-year-old executive assistant with the state, said she was impressed with Harris, a career prosecutor. “She’s a strong woman. She’s been around. She knows what’s going on with San Francisco. She knows what’s going on with the community,” Wright, a Democrat, said of the attorney general.

    If elected this fall, Harris, the daughter of immigrants from India and Jamaica, would set historical marks. She would become the first Indian woman to hold a Senate seat and the second black woman elected to the Senate. Illinois Sen. Carol Moseley Braun was elected in 1992 and served one term.

    Sanchez, if elected, could become one of the first Latinas to hold a U.S. Senate seat. Catherine Cortez Masto, who is also Hispanic, is the Democratic candidate for outgoing Sen. Harry Reid’s seat in Nevada.

    California once was a reliable Republican state in presidential elections. But the party has seen its numbers erode for years, and it now accounts for a meager 27 percent of registered voters.

    Democrats control every statewide office and both chambers of the Legislature, while holding a registration edge of nearly 2.8 million voters.

    With 12 Republicans on the ballot — and none widely known to voters — the GOP vote was splintered Tuesday, undercutting the party’s chances of advancing a candidate to November.

    As fellow Democrats, Harris and Sanchez hold similar positions on many issues, including abortion rights and immigration reform.

    Harris, 51, a career prosecutor, has played up winning a big settlement with banks accused of improper mortgage foreclosures and her work to defend the state’s landmark climate change law.

    Sanchez, 56, has stressed her national security credentials built up during two decades in Washington.

     

     

     

     

     

  • President Barack Obama formally backs Hillary Clinton

    by CARRIE DANN

    Obama and Hillary Clinton

     Barack Obama with Hillary Clinton

     President Barack Obama formally endorsed Hillary Clinton in a video released Thursday afternoon.

    “I know how hard this job can be. That’s why I know Hillary will be so good at it. In fact, I don’t think there’s ever been someone so qualified to hold this office,” he says in the video, which was tweeted by Clinton’s official Twitter account.

    I have seen her judgment, I have seen her toughness, I have seen her commitment to our values up close,” he said of his former Democratic rival and first secretary of state.

    The endorsement came just hours after Obama held a meeting at the White House with Clinton rival Bernie Sanders, who told reporters after the summit that he will remain in the race through the District of Columbia primary next week but indicated that he will meet with Clinton soon “to see how we can work together to defeat Donald Trump and to create a government which represents all of us and not just the one percent.”

    A senior White House aide tells NBC News that the White House planned to roll out the video on Thursday “assuming the meeting went well.” It was taped on Tuesday.

    Clinton welcomed Obama’s endorsement in an interview with Bloomberg Politics, saying “it just means so much to have a strong, substantive endorsement from the president. Obviously I value his opinion a great deal personally.”

    “It’s just such a treat because over the years of knowing each other, we’ve gone from fierce competitors to true friends,” she added.

    GOP presumptive nominee Donald Trump tweeted in response to the announcement, saying that the president “wants four more years of Obama – but nobody else does.”

    Clinton’s team swiftly tweeted back to Trump “Delete your account,” a frequently-used sarcastic retort on the social media platform.

    Obama had stayed conspicuously neutral in his public comments throughout the contentious Democratic primary, although he was widely considered to view his former secretary of state as the best party standard-bearer to continue his policy legacy.

    The endorsement comes almost exactly eight years after Clinton conceded to Obama and called for party unity after the hard-fought 2008 Democratic primary.

    Obama alluded to that call for unity in the video released Thursday, noting that many skeptics believed that the 2008 primary race left the party divided before Obama went on to comfortably beat Republican nominee John McCain.

    And he congratulated Sanders on his campaign and noted that both Sanders and Clinton are “both patriots who love this country and they share a vision for the America we all believe in.”

    NBC News named Clinton the presumptive Democratic nominee on Monday evening after she secured a majority of Democratic delegates, including the count of super delegates whom Sanders has derided as Washington insiders.

    After significant wins in the California and New Jersey primaries on Tuesday, she had also won a majority of pledged delegates to the Democratic National Convention in July.

     

  • Obama laces into Trump for whipping up terrorism fears

    By NICK GASS

    President Barack Obama

    President Barack Obama ripped into Donald Trump on Tuesday for criticizing him for not using the phrase “radical Islam” and for renewing his proposed Muslim ban, warning about the danger that the presumptive Republican nominee would pose as president.

    Should the United States “fall into the trap of painting all Muslims with a broad brush” and “imply that we are at war with an entire religion,” Obama said after a meeting with his National Security Council at the Treasury Department, “then we are doing the terrorists’ work for them.”

    Even as partisans argue over terminology, “that kind of yapping has not prevented folks across the government from doing their jobs,” he said.

    “We are seeing how dangerous this kind of mind-set and this kind of thinking can be. We are starting to see where this kind of rhetoric and loose talk and sloppiness about who exactly we are fighting, where this can lead us,” Obama said. “We now have proposals from the presumptive Republican nominee of the United States, the Republican nominee to bar all Muslims from immigrating into America.”

    The meeting at the Treasury Department, the latest in a series of administration briefings on the campaign against the Islamic State, also known as ISIL, was planned long before the terrorist attack in Orlando, Florida, on Sunday that killed 49 and wounded 53. The killers who perpetrated the attacks in Orlando and at Fort Hood in Texas, as well as one of the two shooters in the San Bernardino massacre, were U.S. citizens, Obama noted.

    “Are we going to start treating all Muslim Americans differently? Are we going to start subjecting them to special surveillance? Are we going to start discriminating against them because of their faith? We’ve heard these suggestions during the course of this campaign. Do Republican officials actually agree with this? That’s not the America we want,” Obama said. “It doesn’t reflect our democratic ideals.”

    Trump’s rhetoric will make the U.S. less safe, Obama continued, saying it would fuel terrorists’ notion that the West “hates Muslims” and would make Muslims in the country and around the world “feel like no matter what they do, they’re going to be under suspicion and under attack. It makes Muslim Americans feel like their government is betraying them. It betrays the values that America stands for.”

    “We have gone through moments in our history before when we acted out of fear and we came to regret it. We have seen our government mistreat our fellow citizens, and it has been a shameful part of our history,” Obama said. “This is a country founded on basic freedom including freedom of religion. We don’t have religious tests here. Our founders, our Constitution, our Bill of Rights, are clear about that. And if we ever abandon those values, we would not only make it easier to radicalize people here and around the world, but we would have betrayed the very things we are trying to protect.”

    “The pluralism and the openness, our rule of law, our civil liberties, the very things that make this country great,” Obama said. “The very things that make us exceptional. And then the terrorists would have won, and we cannot let that happen. I will not let that happen.”

    At no point in the execution of its strategy against the Islamic State, which claimed credit for the Orlando attack, has the government been hamstrung by the name it has called the enemy, Obama said.

    “Not once has an adviser said, ‘Man, if we use that phrase, we are going to turn this whole thing around,’ not once,” he remarked. “So someone seriously thinks that we don’t know who we are fighting? If there is anyone out there who thinks we are confused about who our enemies are — that would come to a surprise of the thousands of terrorists we have taken out on our battlefield.”

    People who have been working on fighting terrorist groups in the U.S. “know full well who the enemy is,” Obama said.

    “So do the intelligence and law enforcement officers who spend countless hours disrupting plots and protecting all Americans — including politicians who tweet and appear on cable news shows,” Obama said, in a not-so-veiled reference to Trump. “They knew who the nature of the enemy is. So there is no magic to the phrase of ‘radical Islam.’ It is a political talking point. It is not a strategy. And the reason I am careful about how I describe this threat has nothing to do with political correctness and everything to do with actually defeating extremism.”

    Obama also called for restrictions on guns to prevent homegrown extremism.

    “Here at home, if we really want to help law enforcement protect Americans from homegrown extremists, the kind of tragedy that occurred at San Bernardino and now occurred in Orlando, there is a meaningful way to do that,” Obama said. “We have to make it harder for people who want to kill Americans to get their hands on weapons of war that let them kill dozens of innocents.”

    Obama continued, “There are common-sense steps that could reduce gun violence and the lethality of somebody intending to do somebody harm. We should give [the Bureau of Alcohol, Tobacco and Firearms] the resources they need to enforce the gun laws that we already have. People with possible ties to terrorism who are not allowed on a plane should not be allowed to buy a gun. Enough talking about being tough on terrorism. Actually, be tough on terrorism and stop making it [as] easy as possible for terrorists to buy assault weapons,” Obama said.

    “Reinstate the assault-weapons ban; make it harder for terrorists to use these weapons to kill us,” he said. “Otherwise, despite extraordinary efforts across our government, by local law enforcement, by our intelligence agencies, by our military — despite all the sacrifices that folks make, these kinds of events are going to keep on happening. And the weapons are only going to get more powerful.

    The fight against the Islamic State is “firing on all cylinders” overseas, Obama said, while urging more to be done to prevent homegrown extremism with increased restrictions on weapons.

    As a result of administration efforts, including 13,000 airstrikes from the United States and its coalition partners, Obama said ISIS is “under more pressure than ever” in both Iraq and Syria, noting the losses of more than 120 of the group’s leaders and commanders.

  • Ollie Vester selected as Mayor of Forkland

    IMG_8418

    Ms. Ollie Vester was selected for the position of Mayor of Forkland, AL at the Forkland Town Council meeting held Monday, May 2, 2016. Ms. Vester will hold the position of Mayor until the municipal elections scheduled for August 2016. Michael Westmoreland was also nominated for the mayoral position.  The final vote was 3/2 for Ms. Vester.
    The Forkland Mayor’s seat was vacated after  the death Mr. Derrick Biggs, who was completing his first term as mayor.
    Vester has served on the Forkland Town Council for eight years, representing District 1.  She was at the end of her second term and held the position of Mayor Pro Temp. Other Forkland Town Council members are Preston Davis, Willie Sashington, Dora Armstead and Jimmie Benison. Ms. Vester’s District 1 seat on the council will be filled at the next meeting.
    Ollie Vester is a lifelong resident of Forkland and a retired teacher with the Greene County School System.  In response to her selection as Forkland Mayor, Ms. Vester stated,”I am happy to be of service to the Forkland community.”

  • Black comedians react to Larry Wilmore’s White House Correspondents’ Dinner jokes

    By Stacy M. Brown (NNPA News Wire Contributing Writer)

    Larry WilmoreLarry Wilmore

    President Obama drops mic

     President Obama drops mic

    President Barack Obama dropped his microphone at the annual White House Correspondents’ Dinner, acknowledging what everyone had already concluded: he slayed it!  Larry Wilmore didn’t do so bad as host, either, at least depending upon who is doing the review and if you’re among those willing to dismiss his use of the N-word.   But, leave it to comedians like George Wallace to really sum up the evening – in Wallace’s case, probably better than anyone else. “Please come to my 2:17am show at the Waffle House Correspondents’ Dinner,” Wallace wrote on Twitter, right after the event ended.
    “I’m getting from [Larry Wilmore] what I wanted and didn’t get from Chris Rock at the Oscars: Peak truth-telling…” said Erica Williams Simon, a comedian in her own right and a self-described recovering D.C. political strategist and activist.
    Comedian Akilah Hughes had even more to say. “Someone come through with the ‘White Feelings about Larry Wilmore’ Bingo card,” Hughes tweeted as she followed the monologues and skits at the dinner. The comedian was even more impressed with Obama’s mic drop. “Literal mic drop from Mr. President #ObamaOut,” Hughes said.
    Chris Acuff took note of those who were not laughing at Wilmore’s jokes.“D.C.-based journos, Republicans [and] everyone at CNN,” Acuff noted on his Twitter feed.
    However, Rev. Al Sharpton called Wilmore’s remark in which the comedian saluted Obama by using the term “My N—-a,” distasteful. “It was in bad taste,” Sharpton said. Comedian Dick Gregory also said Wilmore could have done without the obscene word. “I wouldn’t have done it,” Gregory said.
    Philip Lewis, an editorial fellow at the Huffington Post, tweeted that pundits should “save your N-word, think pieces. We don’t want them.” Lewis then signed his tweet, “Sincerely, the Black community.”
    Brandon Patterson of Mother Jones, however, had a different take. “I wish White people were as offended by police brutality and mass incarceration as they are by black people using the N-word,” Patterson tweeted.
    By dropping the N-word on Obama, Wilmore broke the cardinal rule of cutting-edge humor – he wasn’t funny,” said Leonard Greene of the New York Daily News.
    However, Matt Wilstein wrote in “The Daily Beast” that, “Wilmore proved exactly why he was the perfect choice to host Obama’s final White House Correspondents’ Dinner. Even if the crowd of journalists in attendance didn’t seem to agree.” Wilstein continued: “More than ever before, the president was an impossible act to follow. Not only did Obama deliver a slew of jokes at Donald Trump’s expense, but he also presented an elaborate ‘Curb Your Enthusiasm’-style video that included an epic John Boehner cameo.
    Wilmore began by welcoming the guests in the house once again to the event, ‘or as Fox News will report, two thugs disrupt elegant dinner in D.C.’ He introduced himself as ‘a Black man who replaced a White man who pretended to be a TV newscaster,’ before adding, ‘so yeah, in that way Lester Holt and I have a lot in common,’ to groans from the crowd at Brian Williams’s expense.”
    He was even more harsh to CNN’s Wolf Blitzer, saying, ‘Hey, Wolf, I’m ready to project tonight’s winner: Anyone who isn’t watching ‘The Situation Room.’”
    Perhaps, no one else captured the historical sentiment of the evening better than former Attorney General Eric Holder after Obama finished his speech in grand style. “Dropped the mic!! Obama out. POTUS killed at WHCD. You’re going to miss my man America,” Holder wrote on Twitter. “Consequential – and funny. #POTUS2016”

  • Members file lawsuit to assert democratic rights Black Warrior Electric Membership Corporation holds ‘Annual Meeting’ in Choctaw County declares no quorum of members present

    By: John Zippert, Co-Publisher, Special to the Democrat

    Black Warrior meeting

    BWEMC members attend Annual Meeting

    The Black Warrior Electric Membership Corporation (BWEMC), which provides electricity to rural residents of Greene, Sumter, Pickens, Tuscaloosa, Choctaw, Marengo, Hale, Perry and other counties held its Annual Meeting in Butler, Alabama, on Friday, April 15, 2016, at 9:30 AM.
    The BWEMC is a cooperative formed under Section 501c12 of the IRS code, in the 1940’s, to provide electricity and other services to rural areas not served by other public utilities. As a cooperative, the BWEMC is supposed to be democratically controlled by its users.
    Each person with an electric meter is entitled to one vote in electing the co-op’s board and making other major decisions.
    At the start of the Annual Meeting, after a welcome by Terry Barr, Board President of Nanafalia, Alabama, Woodrow Dinning, attorney for the BWEMC stated, “ This is not an official annual meeting because we do not have a quorum of the members present. We have 25,527 members and our bylaws require a quorum of 5% of the members or 1,276 members to be present to have an official meeting. This is an informal meeting of the members.”
    Dinning announced that there were only 49 members present, based on registration of members by their actual membership number at the door. There were additional “guests” present for the meeting who were not members.
    Research by the Democrat has shown that the BWEMC has not had a quorum at its meetings for decades, perhaps as far back as to the 1950’s. “The cooperative has used this lack of a quorum, to allow its board of directors to perpetuate itself, without any democratic input from the members. We have also determined that there are no African-American members of the BWEMC Board of Directors, which makes it unrepresentative of its membership in rural communities of the Alabama Black Belt,” said Rev. James Carter of Tishabee community in Greene County.
    Carter said, “Because of Black Warrior’s undemocratic record, a group of members from Greene and Sumter counties have filed a lawsuit against BWEMC to compel them to act in accordance with their by-laws, vacate the existing board, and hold an Annual Meeting where the members can elect a new and more democratic and representative board.”
    At the Annual Meeting in Butler, BWEMC’s general manager, Daryl Jones said, “Our cooperative has 6,717 miles of power lines and fewer member-users per mile (about 4 per mile) than any other rural electric co-op in the state. We have 64 employees many with years of experience maintaining our lines. Last year we sold 4.3 million kilowatt hours of power to our members at competitive rates.”
    Mr. Lance of Stewart Engineering in Anniston, Alabama, a consultant to the cooperative, presented a chart showing that the average BWEMC residential customer uses 1,175 kWh annually of electricity at a rate of 11.4 cents per kWh. He said this compares with a TVA co-op, which has rates of 13.3 cents; a south Alabama co-op with 13.4 cent rates and Alabama Power Company, which has 12.4 cent rates. The consultant stated, “BWEMC has some of the best rates and reliability of any utility in the state.”
    In the question and answer period of the meeting, members raised concerns about high power bills and increasing total power bills. Jones and Dinning responded by saying that members may not be using the most energy efficient appliances, heating equipment or have proper insulation in their houses. They said that BWEMC would provide staff to do an energy review of member’s homes and make recommendations to reduce energy usage. They offered no special programs from the cooperative to deal with improving member’s more efficient use of energy.
    Members questioned the structure of the cooperative, nominating and election procedures for board members, clarity on district lines for the election of board members and other issues. The officials of BWEMC who responded to questions did not give specific or satisfactory answers according to Rev. Carter and other members in attendance at the meeting.
    John Vester of Forkland made a motion to adjourn the meeting until such time as more adequate notice of a meeting, at a suitable time and place, could be provided. At first Attorney Dinning did not want to entertain the motion since it was not a formal meeting but after Rev. Carter seconded the motion, Dinning agreed that the members could adjourn and end the meeting. Vester, Carter and others are named plaintiffs in the lawsuit against BWEMC for its undemocratic actions.
    For more information on the BWEMC lawsuit and democracy campaign, contact Adriauna Davis at 205/652-9676 or adriaunasdavis@gmail.com.

  • Federal Judge upholds North Carolina voter rules

    By Alan Blinder and Richard Fausset, NY Times

    NC Voting Rights rally

    A voting rights rally in Winston-Salem, N.C., in 2015. Travis Dove for the New York Times

    RALEIGH, N.C. — A federal judge on Monday upheld sweeping Republican-backed changes to election rules, including a voter identification provision, that civil rights groups say unfairly targeted African-Americans and other minorities. The ruling could have serious political repercussions in a state that is closely contested in presidential elections.
    The opinion, by Judge Thomas D. Schroeder of Federal District Court in Winston-Salem, upheld the repeal of a provision that allowed people to register and vote on the same day. It also upheld a seven-day reduction in the early-voting period; the end of preregistration, which allowed some people to sign up before their 18th birthdays; and the repeal of a provision that allowed for the counting of ballots cast outside voters’ home precinct.
    It also left intact North Carolina’s voter identification requirement, which legislators softened last year to permit residents to cast ballots, even if they lack the required documentation, if they submit affidavits.
    The ruling could have significant repercussions in North Carolina, a state that Barack Obama barely won in 2008, and that the Republican Mitt Romney barely won four years later.
    The United States Court of Appeals for the Fourth Circuit, which sits in Richmond, Va., will be the first to consider an appeal, which the law’s opponents said they would pursue. If the Fourth Circuit or the Supreme Court does not intervene, the changes will be in force when voters go to the polls this autumn. North Carolina voters will also elect a governor in what is expected to be one of this year’s most competitive state races.
    The ruling is an early signal of how federal judges might regard changes and challenges to voting laws in the aftermath of a 2013 Supreme Court decision that effectively eliminated a portion of the Voting Rights Act that had forced nine states, mostly in the South, to obtain advance federal approval before changing their election laws.
    “North Carolina has provided legitimate state interests for its voter ID requirement and electoral system,” Judge Schroeder said near the end of his 485-page opinion. The judge, an appointee of President George W. Bush, found that North Carolina’s system was not beyond “the mainstream of other states.”
    Gov. Pat McCrory, a Republican, who signed the bill scaling back the voter access provisions in August 2013, welcomed the decision. He said in a statement that “this ruling further affirms that requiring a photo ID in order to vote is not only common sense, it’s constitutional.”
    But critics vowed to appeal the ruling, and charged, as they often have, that the legislature sought to eliminate tools that made it easier for everyone, but particularly minority voters, to get to the polls.
    “By meticulously targeting measures that were most used by people of color — in addition to imposing a restrictive photo ID requirement — the legislature sought to disturb the levers of power in North Carolina, ensuring only a select few could participate in the democratic process,” Penda D. Hair, co-director of the Advancement Project and a critic of the law, said in a statement. “This fight is not over.”
    In his ruling, the judge suggested that past discrimination had abated. “There is significant, shameful past discrimination,” he wrote. “In North Carolina’s recent history, however, certainly for the last quarter century, there is little official discrimination to consider.”
    Gov. Pat McCrory, a Republican, who signed the bill scaling back the voter access provisions in August 2013, welcomed the decision. He said in a statement that “this ruling further affirms that requiring a photo ID in order to vote is not only common sense, it’s constitutional.”
    But critics vowed to appeal the ruling, and charged, as they often have, that the legislature sought to eliminate tools that made it easier for everyone, but particularly minority voters, to get to the polls.
    “By meticulously targeting measures that were most used by people of color — in addition to imposing a restrictive photo ID requirement — the legislature sought to disturb the levers of power in North Carolina, ensuring only a select few could participate in the democratic process,” Penda D. Hair, co-director of the Advancement Project and a critic of the law, said in a statement. “This fight is not over.”
    In his ruling, the judge suggested that past discrimination had abated. “There is significant, shameful past discrimination,” he wrote. “In North Carolina’s recent history, however, certainly for the last quarter century, there is little official discrimination to consider.”
    The law, which originally included a much stricter voter ID provision, was passed by the Republican-controlled legislature in summer 2013, shortly after the Supreme Court’s 5-to-4 ruling in Shelby County v. Holder.
    The ruling effectively eliminated what was known as the “preclearance” process, in which certain states and local governments had to submit proposed voting changes to the Justice Department or to a federal court in Washington.
    Judge Schroeder’s decision capped a trial court record that stretched more than 23,000 pages and included weeks of testimony about the General Assembly’s revisions to the election laws here. The voter identification standard, which required voters to display one of six forms of documentation, was central to an overhaul that supporters described as a bulwark against fraud.
    But opponents of the changes said they were intended to disenfranchise black and Hispanic voters, an assertion they repeated on Monday.
    “Through widespread actions, rallies, marches and protests, we have said all along that we would accept no less than unabridged access to the ballot for all eligible voters,” said the Rev. William J. Barber II, the president of the North Carolina N.A.A.C.P. “Just like those who carried on before us, we will continue our movement challenging regressive and discriminatory voter suppression tactics on behalf of African-Americans, Latinos, seniors, students and all those for whom democracy has been denied.”
    Such comments surfaced occasionally on Monday here in the state capital, where Mr. Barber led demonstrations against the state’s new law about gay and transgender rights and, occasionally, veered into other issues that have propelled his Moral Monday movement of activism.
    The N.A.A.C.P., the League of Women Voters and the Justice Department were among the plaintiffs challenging the 2013 law. A lawyer for the plaintiffs, Daniel T. Donovan, said he expected a higher court to block the changes from being enforced this year. “We’re disappointed in the ruling, reviewing the decision carefully and evaluating our options,” said Dena Iverson, a spokeswoman for the Justice Department.The plaintiffs may have reason to be optimistic about their chances at the Fourth Circuit. In fall 2014, a three-judge panel of the appellate court issued a preliminary injunction forcing the state to temporarily restore two ballot access provisions: one that allows same-day registration and another that allows for the counting of provisional ballots filed outside voters’ home precincts. The panel ruled that the elimination of those two provisions probably violated another section of the Voting Rights Act that remains intact, known as Section 2, which prohibits racially discriminatory voting rules.
    Judge James A. Wynn Jr. wrote at the time that there was “undisputed evidence” that those two provisions “were enacted to increase voter participation, that African-American voters disproportionately used those electoral mechanisms and that House Bill 589 restricted those mechanisms and thus disproportionately impacts African-American voters.”

  • Virginia Governor restores voting rights to felons

    By SHERYL GAY STOLBERG and ERIK ECKHOLM

    VA Governor Terry McAuliffe

    Gov. Terry McAuliffe held up the signed executive order at a ceremony outside the state capitol in Richmond, Va., on Friday. CHET STRANGE FOR THE NEW YORK TIMES

     

    WASHINGTON — Gov. Terry McAuliffe of Virginia used his executive power on Friday to restore voting rights to more than 200,000 convicted felons, circumventing the Republican-run legislature. The action effectively overturns a Civil War-era provision in the state’s Constitution aimed, he said, at disenfranchising African-Americans. The sweeping order, in a swing state that could play a role in deciding the November presidential election, will enable all felons who have served their prison time and finished parole or probation to register to vote. Most are African-Americans, a core constituency of Democrats, Mr. McAuliffe’s political party. Amid intensifying national attention over harsh sentencing policies that have disproportionately affected African-Americans, governors and legislatures around the nation have been debating — and often fighting over — moves to restore voting rights for convicted felons. Virginia imposes especially harsh restrictions, barring felons from voting for life. In Kentucky, Gov. Matt Bevin, a newly elected Republican, recently overturned an order enacted by his Democratic predecessor that was similar to the one Mr. McAuliffe signed Friday. In Maryland, Gov. Larry Hogan, a Republican, vetoed a measure to restore voting rights to convicted felons, but Democrats in the state legislature overrode him in February and an estimated 44,000 former prisoners who are on probation can now register to vote. “There’s no question that we’ve had a horrible history in voting rights as relates to African-Americans — we should remedy it,” Mr. McAuliffe said in an interview Thursday, previewing the announcement he made on the steps of Virginia’s Capitol, just yards from where President Abraham Lincoln once addressed freed slaves. “We should do it as soon as we possibly can.” Republicans in the Virginia Legislature have resisted measures to expand voting rights for convicted felons, and Mr. McAuliffe’s action, which he said was justified under an expansive legal interpretation of his executive clemency authority, provoked an immediate backlash. Virginia Republicans issued a statement Friday accusing the governor of “political opportunism” and “a transparent effort to win votes.” “Those who have paid their debts to society should be allowed full participation in society,” said the statement from the Republican party chairman, John Whitbeck. “But there are limits.” He said Mr. McAuliffe was wrong to issue a blanket restoration of rights, even to those who “committed heinous acts of violence.” The order includes those convicted of violent crimes, including murder and rape. There is no way to know how many of the newly eligible voters in Virginia will register. “My message is going to be that I have now done my part,” Mr. McAuliffe said. Nationally, an estimated 5.85 million Americans are denied the right to vote because of felony convictions, according to The Sentencing Project, a Washington research organizations, which says one in five African-Americans in Virginia cannot vote. Only two states, Maine and Vermont, have no voting restrictions on felons; Virginia is among four – the others are Kentucky, Florida and Iowa – that have the harshest restrictions. Friday’s shift in Virginia is part of a national trend toward restoring voter rights to felons, based in part on the hope that it will aid former prisoners’ re-entry into society. Over the last two decades about 20 states have acted to ease their restrictions, according to the Brennan Center for Justice at New York University. Previous governors in Florida and Iowa took executive action to ease their lifetime bans, but in each case, a subsequent governor restored the tough rules. Marc Mauer, executive director of the Sentencing Project, said Mr. McAuliffe’s decision would have lasting consequences because it will remain in effect at least until January 2018, when the governor leaves office. “This will be the single most significant action on disenfranchisement that we’ve ever seen from a governor,” Mr. Mauer said, “and it’s noteworthy that it’s coming in the middle of this term, not the day before he leaves office. So there may be some political heat but clearly he’s willing to take that on, which is quite admirable.” Myrna Pérez, director of a voting rights project at the Brennan Center, said Mr. McAuliffe’s move was particularly important because Virginia has had such restrictive laws on voting by felons. Still, she said,“Compared to the rest of the country, this is a very middle of the road policy.’’ Ms. Pérez said a number of states already had less restrictive policies than the one announced by Mr. McAuliffe. Fourteen states allow felons to vote after their prison terms are completed even while they remain on parole or probation.