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Justice

Analysis of Shelby v Holder: the Downfall of the Voters Right Act of 1965

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The Supreme Court struck a blow to efforts preventing racial discrimination in voting as a result of Shelby v Holder coming before the high court. In a 5-4 decision, the Court invalidated Section 4 of the Voting Rights Act (the “coverage formula”), which determines which parts of the country are covered by Section 5 of the Act. Section 5 requires those “covered” jurisdictions (the jurisdictions with a history of voting discrimination, and which continue to demonstrate discriminatory behavior) to get approval from the U.S. Department of Justice or a federal court before making any change in law that would affect voting. The Court said the formula used to decide which parts of the country are “covered” is unconstitutional, so for now there are no covered jurisdictions. The Court has created a result in which Section 5 cannot be applied anywhere.

When the Voting Rights Act was reauthorized in 2006, Congress compiled thousands of pages of evidence that voting discrimination was still happening in the jurisdictions identified in the coverage formula. It was on this strong evidence that Congress decided to continue the application of Section 5 to the jurisdictions identified by Section 4.

Chief Justice Roberts authored the majority opinion which ignored all of the evidence compiled by Congress in its 2006 decision reauthorizing the Voting Rights Act. Instead, the Chief Justice wrongly focused on the reasons that justified the coverage formula in 1965—reasons that were not the justifications used in 2006. The majority opinion repeatedly discussed the injury to equal state sovereignty created by having only certain jurisdictions be subject to Section 5. Chief Justice Roberts wrote that Congress did not adequately connect the coverage formula to current political realities. This position makes no sense when viewed with the evidence of recent voting discrimination in covered jurisdictions. The Court also departed from its standard deference to Congress—the elected officials that are best equipped to determine what kinds of voting rights protections are still necessary.

Justice Ginsberg drafted a powerful dissenting opinion, pointing out the flaws in the majority’s reasoning. The dissent also lifted up some of the stories of devastating discrimination in voting, including the significantly higher rate of successful cases under Section 2 of the Voting Rights Act in covered jurisdictions. She pointed out the error of halting Section 5 protections because they have been so effective. Indeed, she noted that “throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”

Still, hope remains. The majority opinion noted that “voting discrimination still exists; no one doubts that.” Section 5 still stands, but Congress must act quickly to enact a new coverage formula, as the Court suggests. Protecting the right to vote is a bipartisan goal, and voting rights advocates will be pushing Congress to do the right thing—to restore the Voting Rights Act and respect the right of every American to participate in the political process.

Read the Shelby v Holder Supreme Court Case in Full:

Download (PDF, 310KB)

Allison Riggs is a staff attorney focusing on voting rights and environmental justice. She has been with Southern Coalition for Social Justice since 2009. Her voting rights work over the last two years has been focused on redistricting, and she has litigated redistricting cases on behalf of State NAACP Conferences in Texas, Florida and North Carolina.

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Global

Scottish Survivor Groups Encourage All Survivors of Abuse in Care to Take Part in a Milestone Consultation

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Survivor groups in Scotland have called on all survivors of abuse in care to take part in an important consultation, allowing individuals to share their views on a possible financial redress scheme for the first time.

The consultation has been developed and delivered through a collaboration between a range of partners including survivor representatives (Interaction Action Plan Review Group) and CELCIS (the Centre for Excellence for Looked After Children in Scotland).

With just four weeks left to the deadline of Friday 17 November to complete the consultation, survivor groups have spoken out about the need for all survivors of abuse in care to take part.

David Whelan, spokesperson from Former Boys and Girls Abused in Quarriers group (FBGA), commented: “This redress and compensation consultation gives everyone who has experienced abuse in the care system in Scotland an opportunity to share their views. The consultation offers real choices to the individual and survivor groups as to what it is they would like in any proposed redress-consultation scheme. It allows all survivors a chance to have their voices and opinions heard.  We would encourage as many survivors as possible to take part over the next month.

“Former Boys and Girls Abused in Quarriers group fully support this consultation which was put together in a partnership with other victims-survivors, the Scottish Human Rights Commission, CELCIS, The Scottish Government and others.”

Judith Robertson, Chair of the Scottish Human Rights Commission, said: “Anyone who has been subjected to abuse has a human right to access justice and to an effective and fair remedy. Everyone has the right to live and be treated with dignity.  The Scottish Human Rights Commission welcomes the consultation by the InterAction Review Group and CELCIS on financial redress for historic abuse.  It is a crucial part of developing Scotland’s Action Plan on Historic Abuse and we encourage anyone who is themselves a survivor of childhood abuse to take part.”

Joanne McMeeking, Head of Improving Care Experiences at CELCIS, said: “We are in the final month of the consultation process, which is a milestone in terms of seeking justice for survivors of abuse in care in Scotland. Completing this consultation questionnaire gives survivors a way to have their views about potential financial redress seen and heard.”

Taking part

The consultation is open to all victims/survivors of historical abuse in care as defined by the Terms of Reference of the Scottish Child Abuse Inquiry and is available online.

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Human Rights

Rescuing Sex Trafficking Victims

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Lois Lee, Ph.D., J.D. – Founder of Children of the Night Photo Credit: CalState

Forty years ago, it wasn’t unusual to find Lois Lee, Ph.D., J.D. wandering the streets and alleys of Los Angeles at 3 a.m.; she even did so while pregnant with her son.

Dr. Lee was looking for victims of sex trafficking and those who exploited them.

Walking miles along Sunset, Santa Monica and Hollywood Boulevards, the then-24-year-old would hand out business cards with her hotline number, encouraging victims to call and letting them know what kind of help they’d find.

“These are girls, boys and transgender children that would fall between the cracks of the system,” remembers Lee. “They had nowhere to go — no one was providing a bed or a school or offering to take care of these kids.”

So, she created that place.

From 1979 to 1981, Lee housed more than 250 sex trafficking victims in her own home, all while building the Children of the Night outreach program; the privately funded nonprofit organization would become unlike any other in existence at the time, or even today, rescuing children from child prostitution and providing housing, education and treatment.

But perhaps most important, Lee gave them hope.

An Unimaginable Life

Lee was raised in Los Angeles, the eldest child in a family of three girls. It was a childhood she describes as healthy, safe and sheltered.

So when, as a graduate student at California State University, Dominguez Hills, her faculty mentor Jeanne Curran, PhD., then a professor of sociology, introduced her to the underworld of sex trafficking, it was a wake-up call.

“I wanted to make everything better because I just couldn’t imagine someone living in these types of conditions,” explains Lee, who graduated from CSU Dominguez Hills with a bachelor’s degree in behavioral science in 1973 and a master’s in sociology in 1977.

It was at CSUDH that she developed the skills she’d later use to address child sex trafficking. Lee also taught courses at the campus’s Social Systems Research Center, then led by Dr. Curran. The center has since been renamed the Urban Community Research Center.

“Jeanne became a mentor for me, both on- and off-campus. She influenced my life and academic choices so much,” says Lee, a first-generation college student.

“She and CSU Dominguez Hills empowered me.”

Victims, Not Criminals

Late one night in 1977, Lee received a call from a woman who operated an escort service. A 17-year-old she worked with had not returned and she was unable to contact her.

Afraid, she had called Lee for guidance. Lee went to the police, who dismissed the call and refused to help. The next morning, the girl’s body was found; she had become one of the Hillside Stranglers’victims.

Frustrated by the lack of resources that were available to these girls, Lee appeared on an L.A. news broadcast, giving out her personal phone number and encouraging prostitutes with knowledge of the case to reach out to her directly. She promised confidentiality.

“I coordinated everything just as I had learned from Jeanne at CSU Dominguez Hills,” Lee recalls. “And that was really the beginning of my work.”

Lee would go on to play a critical role in the Hillside Strangler trial, testifying in the case and coordinating witnesses for the prosecution.

At just 27, Lee garnered attention when she sued the Los Angeles Police Department for prosecuting underage prostitutes while letting their customers go free.

She won the case and has gone on to file a number of other lawsuits.

“I taught vice detectives nationwide that there were children prostituting and they needed to be treated differently,” says the President’s Volunteer Action Award recipient. She strongly advocated – and still does – to have the children referred to and treated as victims, not criminals.

Education: The Key to Success

To date, Children of the Night’s president and founder is credited with rescuing more than 10,000 children from prostitution in the U.S.

The organization’s shelter, located in Van Nuys, California, offers no-cost housing for as many as 12 children ages 11 to 17. They attend classes at the on-site school, receive individualized treatment, and participate in fun outings. A nationwide toll-free hotline is also staffed 24/7.

Lee sees education as the most fundamental of the services they offer, and attendance is mandatory for all residents.

“What’s really important about the development of any society is to educate the people,” she explains. “Through education, I was able to learn about the world. Education empowers.”

While children are offered treatment to manage trauma, their past experiences are not the focus, Lee stresses. “I don’t feel sorry for the children with whom I work,” she says. “[That] incapacitates their ability to become strong and independent. I want the world for my kids. I have very high expectations of them.”

Which is not to say she isn’t deeply empathetic to what they’ve faced.

“There is no way that I can make what happened to them go away, but I can … put distance between their old lifestyle and their life now.”

Still Fighting

Today, Lee is regarded as one of the world’s leading experts in rescuing child sex trafficking victims, raising awareness on a topic that previously wasn’t talked about. In 1981, the General Accounting Office estimated there were 600,000 children under the age of 16 working as prostitutes in the United States. Today, that number is estimated to be 100,000.

In January 2017, Children of the Night announced a new global initiative to rescue 10,000 more children worldwide from sex trafficking.

Lee is also passionate about giving back to the campus that helped turn her dream into an advocacy mission that has no doubt saved thousands of lives.

“So much of what I have done and have been able to do in my life is because of my time at CSU Dominguez Hills,” Lee says. “The faculty raised me and nourished me. They liked to take risks and they challenged traditional thinking processes. “Dominguez Hills taught me how to break down barriers.”

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Entertainment

Actor Terry Crews Comes Forward About Being Sexually Assaulted by Hollywood Exec

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Actor Terry Crews takes to Twitter to discuss being sexually assaulted by a Hollywood Executive in the wake of the firing of Harvey Weinstein for sexual assault after years of accusations.

Actor Terry Crews

Did you hear the Expendables star say last year?

How is it the criminal justice system doesn’t seem to be able to touch these folks?

Power and privilege keep a lot of people silent.

He just validated a whole lot of women who deal with this on the regular. It’s not easy to come forward.

There is strength in numbers and knowing you are not alone.

Both men and women are affected by sexual assault and rape culture, and it will take more men becoming advocates as well as coming forward to tell their stories because they have stories too.

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