Yes the DOJ Civil Rights Department is one to watch - closely

DOJ sues the State of Georgia because the onerous law passed disproportionately harms people of color - specifically African American Voters but you missed something big

‘The right of all eligible citizens to vote is the central pillar of our democracy, the right from which all other rights ultimately flow...This lawsuit is the first step of many we are taking to ensure that all eligible voters can cast a vote; that all lawful votes are counted; and that every voter has access to accurate information.” - Attorney General Merrick B. Garland

Shelby v Holder SCOTUS gutted key provisions of the Voting Right Act

Question

Does the renewal of Section 5 of the Voter Rights Act under the constraints of Section 4(b) exceed Congress' authority under the Fourteenth and Fifteenth Amendments, and therefore violate the Tenth Amendment and Article Four of the Constitution?

SCOTUS HELD:

Yes, Section 4 of the Voting Rights Act is unconstitutional. Chief Justice John G. Roberts, Jr. delivered the opinion of the 5-4 majority. The Court held that Section 4 of the Voting Rights Act imposes current burdens that are no longer responsive to the current conditions in the voting districts in question. Although the constraints this section places on specific states made sense in the 1960s and 1970s, they do not any longer and now represent an unconstitutional violation of the power to regulate elections that the Constitution reserves for the states.

The Court also held that the formula for determining whether changes to a state's voting procedure should be federally reviewed is now outdated and does not reflect the changes that have occurred in the last 50 years in narrowing the voting turnout gap in the states in question.

Shelby County v. Holder. Oyez, www.oyez.org/cases/2012/12-96. Accessed 25 Jun. 2021. It’s going to come down to Section V of which Justice Thomas in his concurrence opined:

…blatant discrimination against certain voters that Section 5 was intended to prohibit is no longer evident. Without such extraordinary circumstances, Congress cannot constitutionally justify placing the burden of Section 5 on the states in question.

• see SCOTUS June 25, 2013 Opinion in Shelby v Holder (literally eight years to the date of the SCOTUS opinion)

• see the Lawyer’s Committee for Civil Rights Under Law June 25, 2021 Press Release concerning the eight year anniversary of SCOTUS’ Shelby v Holder ruling

• also see Wendy Weiser, Vice President for Democracy at the Brennan Center for Justice at NYU School of Law -May 27, 2021 Written Congressional Testimony

• also see the 116th Congress John Lewis Voting Right Act (S.4263)

Department of Justice versus the State of Georgia

The Complaint which was filed in Federal District Court in the Northern District of Georgia…

The DOJ argues numerous provisions of Georgia Senate Bill 202 intended to deny or abridge or impede the right to vote based on a voter’s ethnicity. Specifically an adverse and disproportionate impact on African American Voters. Furthermore the DOJ Complaint argued that the “cumulative and discriminatory effect of these laws—particularly on Black voters—was known to lawmakers and that lawmakers adopted the law in spite of this” As today’s press conference noted — the DOJ main arguments focus on the following (and problematic) language codified by Georgia Senate Bill 202

• A provision banning government entities from distributing unsolicited absentee ballot applications.

• The imposition of costly and onerous fines on civic organizations, churches and advocacy groups that distribute follow-up absentee ballot applications.

• The shortening of the deadline to request absentee ballots to 11 days before Election Day.

• The requirement that voters who do not have identification issued by the Georgia Department of Driver Services photocopy another form of identification in order to request an absentee ballot without allowing for use of the last four digits of a social security number for such applications.

• Significant limitations on counties’ use of absentee ballot drop boxes.

• The prohibition on efforts by churches and civic groups to provide food or water to persons waiting in long lines to vote.

• The prohibition on counting out-of-precinct provisional ballots cast before 5 p.m. on Election Day

“The right to vote is one of the most central rights in our democracy and protecting the right to vote for all Americans is at the core of the Civil Rights Division’s mission. The Department of Justice will use all the tools it has available to ensure that each eligible citizen can register, cast a ballot, and have that ballot counted free from racial discrimination. Laws adopted with a racially motivated purpose, like SB 202, simply have no place in democracy today.”- Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division

I mean this AAG Clarke is one to watch and she’s a freaking gladiator. The fact she’s taking lead on this - I wish the State of Georgia (and other states, looking at you Mississippi, South Carolina, Louisiana, Arizona, Texas etc) the very best of luck because you are up against one of the best —if not the best civil rights advocate in AAG Clarke.

Thoughts and Prayers (whispers you only have yourself, Trump’s big lie and Republican controlled state assemblies) to blame.

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NEW DOJ Task-Force threats against election officials

GUIDANCE REGARDING THREATS AGAINST ELECTION WORKERS

The Department also issued a memo to United States Attorneys and FBI Field Offices on investigating and prosecuting threats to election officials.

Task Force Members to include;

• DOJ Criminal Division

• Civil Rights Division - Kristen Clarke

• and FBI -likely agents from Elections Crimes and Security Unit

During today’s Press Conference - Deputy Attorney General Lisa Monaco referenced a “new memo” which provides guidance regarding threats towards election officials. Unfortunately Georgia was ground zero for this undemocratic and criminal behavior —particularly when president Trump used his social media accounts to threaten and abuse election officials in Georgia. Today’s Memo reads in part:

….election officials must be permitted to do their jobs free from improper partisan influence, physical threats, or any other conduct designed to intimidate… we must also work tirelessly to protect all election workers - whether they be elected officials, appointed officials, or those who volunteer their time - against the threats they face.

June 25, 2021 DOJ Memo - FBI & USAO

…the Department is launching a task force - including members from the Criminal Division, the Civil Rights Division, the National Security Division and the FBI - to address the rise in threats against election officials.

Let’s not forget about the infamous call president Trump had with the Georgia Secretary of State/

Here’s one of the snippets that is certainly being scrutinized by both State and Federal Officials - because the subtext here is Trump threatened the Georgia Secretary of State…

Donald Trump:

And you are going to find that they are — which is totally illegal — it is more illegal for you than it is for them because, you know, what they did and you’re not reporting it. That’s a criminal, that’s a criminal offense. And you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer. And that’s a big risk. But they are shredding ballots, in my opinion, based on what I’ve heard. And they are removing machinery, and they’re moving it as fast as they can, both of which are criminal finds. And you can’t let it happen, and you are letting it happen. You know, I mean, I’m notifying you that you’re letting it happen. So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have because we won the state.

And flipping the state is a great testament to our country because, you know, this is — it’s a testament that they can admit to a mistake or whatever you want to call it. If it was a mistake, I don’t know. A lot of people think it wasn’t a mistake. It was much more criminal than that. But it’s a big problem in Georgia, and it’s not a problem that’s going away. I mean, you know, it’s not a problem that’s going away. 

Also let’s not forget about the Fulton County - you can read more via my February 12, 2021 Article but as a reminder 👇🏻

Fulton County District Attorney letters to state officials:

In a letter (obtained by the Washington Post) to Georgia’s Secretary of State Brad Raffensperger and Georgia Governor Brian Kemp and others, the Fulton County District Attorney Fani T. Willis never explicitly state Trump by name. The subtext is clear, her office is examining at least three Georgia State laws that Trump and his surrogates may have violated and if criminal charges are warranted in Trump’s endeavor to “attempts to influence” the Georgia’s 2020 Presidential election. It is important to remind you why the Fulton County District Attorney retains jurisdiction, her office is not a witness.

Links to relevant documents;

June 25, 2021 DAG Monaco’s Memorandum.

June 25, 2021 USA v Stare of Georgia -filed Complaint