More ‘whats’, in policy change.
Or, in this case, policy not-change.
Because, let’s be real:
We still need The Voting Rights Act.
We’re in the era of evidence-based policymaking, right?
Has there ever been a more successful piece of civil rights legislation in the history of the U.S.? No, really?
And so the idea that its very effectiveness is reason to scrap it is not just offensive (and it is; I am fairly chilled by hearing an Alabama official refer to ‘state sovereignty’ as reason to oppose a federal civil rights law). It’s dangerous.
I’m all for the role of the courts in policymaking (more on that tomorrow).
I just think that the U.S. Supreme Court should rule that the Voting Rights Act stands.
I’m glad that there’s a tremendous amount of advocacy going on, even while the Court deliberates.
If you haven’t already checked out these compelling videos showing how VRA provisions in various affected states are making a difference in how people can exercise their civic rights, check them out.
Look at this really great (although, again, disturbing) infographic on why we still need the Voting Rights Act.
You can’t call Antonin Scalia to point out that, Mr. Justice Sir, the right to vote is not a “racial entitlement”, because, um, voting isn’t an entitlement. That’s why it’s called the Voting Rights Act (He, of course, took objection to that, too, supposedly because it makes the legislation too popular for members of Congress to vote against? Como on, two members of the Kansas congressional delegation voted against the Violence Against Women Act, for crying out loud. These people are not afraid of catchy names.)
But you can tell everyone who will listen (friends, family, neighbors, the guy waiting at the post office) that, yes, we still need the VRA. We still need voting rights, in this age of photo identification and proof of citizenship and long lines at fewer polling places.
People bled for the right to vote in Alabama. That history leaves scars, not just on individual psyches but on institutions and ways of doing business.
That is why we need the Voting Rights Act.
Still.



The What: Maintaining the balance of powers
OK, so, I’m cheating a little bit for this last post of “what week”, because, while this is about a policy itself, it’s one that would–in fundamental and actually quite frightening ways–affect the how of policymaking, too.
In Kansas this legislative session, and in some other parts of the country, too, there have been explicit attempts to cut the judiciary out of the policymaking process.
In my state, this has taken the form of a proposed constitutional amendment to stipulate that only the legislature has the authority to determine what appropriate funding for public education is, so that, essentially, the ‘right’ level of funding is whatever the legislature decides to give, and students and schools would lose their right to seek redress from the courts.
It would be damaging to public education.
And it would be a really dangerous precedent.
History is replete with examples of when judicial advocacy has been a successful path to social justice. Even when individual justices, or even the entire judiciary, is fairly conservative, the way in which the court operates can sometimes lead to surprising conclusions.
In ways that are really promising for the pursuit of the ideals on which the country was founded.
Individuals with disabilities entitled to access, people of color pursuing equal opportunity, gays and lesbians seeking the right to marry…all deserve to have all of the channels of our government open to them.
Sometimes social workers, as advocates, can lose sight of the importance of some of these ‘process’ threats. We have not been very active in the campaign finance debate. We tend to be absent in the fights over collective bargaining rights.
And, so far, at least in Kansas, social workers have not been very present in the constitutional amendment battle about the role of the judiciary, either. Maybe, in part, that’s because school finance isn’t seen as ‘our fight’. And there are plenty of things that are. This session alone, we’ve faced budget cuts, more tax restructuring, drug testing TANF recipients, and elimination of some early intervention programs. Among others.
But if we lose on these ‘whats’, we will find ourselves with very constrained options for pursuing tomorrow’s ‘hows’.
If the other side changes the rules of the game, we will find it harder and harder to win.
It’s certainly not that the judiciary is always a slam-dunk for justice.
But it’s part of the system that, over time, has worked better for securing liberties than any other. And we face far better odds with the courts at the table than without.
So, this, too, has to be our fight.
Share this:
Like this:
→ Leave a comment
Posted in Analysis and Commentary
Tagged advocacy, Kansas, judicial policy, school finance