On The Docket 01/07/2022

John,

One year ago, our democracy was attacked by insurrectionists seeking to block the peaceful transfer of power through a physical assault on the U.S. Capitol.

Yet, by treating Jan. 6 as a singular event, we miss the throughline that connects this unique day in history to the broader set of attacks on democracy that we have seen for the last decade and continue to witness today. If we fail to recognize the interconnection between voter suppression, election subversion and seditious insurrection, we may prevent one of them only to witness democracy’s demise at the hands of the others.

In my latest piece, “Jan. 6 Was Not the Beginning or the End,” I explain how the Republican party has fought demographic and political change by rigging the rules of voting and subverting the results. The events of Jan. 6 were just the continuation of this multi-year plan.

And, we must treat that day as such if we have any hope of preserving our democracy.

Read “Jan. 6 Was Not the Beginning or the End” on Democracy Docket now. [link removed]

Let’s keep up the fight,
Marc

IN THE NATION’S CAPITAL

Leaders Reflect on the Jan. 6 Assault on Democracy

Yesterday morning, President Joe Biden spoke candidly about former President Donald Trump’s direct role in and responsibility for the events of Jan. 6, 2021. “A former President of the United States of America has created and spread a web of lies about the 2020 election. He's done so because he values power over principle, because he sees his own interest as more important than his country's interest and America's interest,” Biden remarked. In addition to the President and Vice President, numerous Democratic senators gave remarks on the Senate floor, recalling the danger and disruption they experienced that day and calling for accountability — not just for those who stormed the Capitol, but the leaders who incited the insurrection without reprimand. [link removed]

The speakers connected the events of Jan. 6 to the ongoing voter suppression and election subversion efforts accelerating across the country. Meanwhile, Senate Republicans have continually blocked debate on crucial voting rights bills throughout 2021. However, in a letter to colleagues on Monday, Senate Majority Leader Chuck Schumer (D-N.Y.) stated that “the Senate will debate and consider changes to Senate rules on or before January 17, Martin Luther King Jr. Day.” To change the Senate rules (read: filibuster), all 50 members of the Democratic caucus must be in agreement. Learn more about what that could look like here. [link removed]

Joining the chorus of voices calling on the Senate to push forward voting rights legislation, Marc spoke about how it is a path that Democrats, and Democrats alone, will have to take. “If we are to save our democracy, we need every Democrat to wake up every day and treat voting rights and Democracy as their number one issue,” he said Thursday night. [link removed]

Additionally, you can read Marc’s call to action in “The Time Is Now for Democrats To Save Democracy.” [link removed]


REDISTRICTING ROUNDUP

New Year, New Maps

While it was a busy week for redistricting litigation, it was a quieter one for redistricting. Republicans in the New Hampshire House of Representatives approved a congressional and state House map that now await votes in the state Senate; the National Democratic Redistricting Committee has already decried the maps as partisan gerrymanders. Yesterday, the Mississippi House advanced a new congressional map. After releasing draft proposals on Tuesday, Kentucky Republicans are also moving their new congressional and legislative maps quickly through the chambers.

We also saw new maps unveiled in several states. In New York, the bipartisan commission met on Jan. 3 to select new maps (state Assembly, state Senate and congressional) to send to the Legislature, which has the final say to accept or reject the maps. However, the commission failed to agree and instead advanced two sets of maps, one proposed by Democrats and one proposed by Republicans. If the maps do not gain the required two-thirds vote, the Democratic supermajority in the state Legislature may end up creating their own maps with the state’s 26 congressional districts at stake. Missouri lawmakers also released new plans last week.

As we enter 2022, more states will complete redistricting. In addition to the states above, we are keeping an eye out for movement in in Florida, Kansas, South Carolina and Tennessee. Stay tuned for updates on our Alerts page. [link removed]

IN THE COURTS

Lawsuits Filed in Georgia While North Carolina’s Maps Head to Trial

Georgia — The Georgia General Assembly approved new congressional and legislative maps in November, but it took Gov. Brian Kemp (R) over a month to sign the new districts into law. What’s more, Kemp’s signing last Thursday triggered an onslaught of new lawsuits. In the first lawsuit [[link removed]] over the new state House and Senate maps, the Alpha Phi Alpha Fraternity, Sixth District of the African Methodist Episcopal Church and Georgia voters argue that the districts dilute the voting strength of Black Georgians in violation of Section 2 of the Voting Rights Act (VRA). Also filed shortly after Kemp signed, a second lawsuit [[link removed]] challenges both the legislative and congressional maps for violating the 14th Amendment as well as Section 2 of the VRA. The third lawsuit [[link removed]] focuses solely on the congressional map, but also alleges a violation of Section 2. All three lawsuits ask the court to block the current maps and order the creation of new ones that comply with the law.

North Carolina — Lawsuits challenging North Carolina's new redistricting maps went to trial before a North Carolina state court this week. Over the span of four days, the plaintiffs and defendants presented their arguments on the legality of North Carolina’s new state House, Senate and congressional maps. The plaintiffs, who included the North Carolina League of Conservation Voters, Common Cause and voters, argued that the new maps are gerrymandered to benefit Republicans and dilute the voting strength of Black voters in violation of the state constitution. The defendants, Republican legislators, defended the maps they drew and argued that they followed all redistricting rules. A full summary of each day of the trial can be found here. [[link removed]] The trial court will make a decision by Jan. 11.

Michigan — On Wednesday, members of the Michigan House of Representatives representing Detroit, the Romulus City Council and Black voters filed a lawsuit challenging Michigan’s new legislative and congressional maps passed in December. The complaint, filed against the Michigan Independent Citizens Redistricting Commission, argues that the new maps dilute the voting strength of Black voters, particularly in and around the city of Detroit, in violation of the state Constitution and the VRA. Regarding the congressional map, the plaintiffs allege that the two majority-Black districts under the old map were eliminated in this round of redistricting and instead were split into eight new districts in which Black voters make up a minority of the voting population. The complaint also alleges that the new state House and Senate maps do not give Black voters adequate representation. Given that Black voters in Michigan are a community of interest with a cohesive voting pattern according to the complaint, the plaintiffs allege that Black voters were impermissibly diluted in violation of the VRA, which is not allowed under the Michigan Constitution. The plaintiffs ask the court to declare the current maps invalid and order the commission to redraw the maps. [link removed]

AND MORE:
Also this week, a federal court in Alabama is holding a preliminary injunction hearing in three cases challenging Alabama’s new congressional map. The cases — Singleton v. Merrill, Caster v. Merrill and Milligan v. Merrill — challenge the map on different grounds, but all ask the court to block the map and order the creation of one that accurately reflects the state’s Black population. The hearing is expected to continue into next week.
In Minnesota, a special panel of state court judges heard oral arguments in Sachs v. Simon, consolidated impasse litigation over the state’s congressional and legislative maps. The parties presented their map proposals and explained how they best represent Minnesotans. The panel is preparing to take over the redistricting process If the Minnesota Legislature fails to enact new maps by its Feb. 15 deadline. [link removed]
Earlier in December, the New Jersey Congressional Redistricting Commission voted on party lines to adopt a new congressional map, with commission Chair and former New Jersey Supreme Court Justice John Wallace Jr. casting the tie-breaking vote in favor of the Democratic map. Last Thursday, New Jersey Republicans filed a lawsuit arguing that the commission’s “vote and establishment of Congressional district[s] for the next decade was invalid because it was contingent upon the flawed vote and reasoning by Chair Wallace.” So far, the New Jersey Supreme Court has called on Wallace to “amplify the grounds for his decision and present that amplification” to the court. [link removed]
As we welcome the new year, we’re keeping an eye on some voting rights and redistricting lawsuits that have significant hearings or trials scheduled in the first half of 2022. While cases are subject to scheduling conflicts, delays or case developments that change the course of litigation, read “Look Ahead: Litigation in the New Year” for what to expect as litigation remains an important tool in protecting democracy. [link removed]


WHAT WE’RE DOING

Three things to do today to stay engaged in the fight!

We’re taking action: It’s crunch time for federal action. Even if your senators have already signed onto the Freedom to Vote Act, follow up with calls and messages to keep the pressure on. You can use Common Cause’s letter-writing tool [[link removed]] or find your Senate office phone number here. [[link removed]] (Reminder: When contacting a Senate office, include your home address — your opinion matters most if you're a constituent.)

We’re listening: Sherrilyn Ifill, who will soon step down as leader of the NAACP Legal Defense and Educational Fund, joined Slate’s Amicus podcast to speak on the reactionary nature of the events of 2021, prospects for U.S. Supreme Court reform, the path forward for democracy and much more. Listen to “2021 Was a Direct Response to 2020” here. [link removed]

We’re reading: A memoir by Rep. Jamie Raskin (D-Md.) that chronicles the life-changing, first 45 days of 2021. In “Unthinkable: Trauma, Truth, and the Trials of American Democracy,” the Congressman explores the “unimaginable convergence of personal and public trauma” when only days after the loss of his son to suicide, Raskin experienced the violent Jan. 6 insurrection, led the consequent impeachment efforts and had an up-close look at the dangerous path our democracy is heading down. [link removed]

SPOTLIGHT

Congress Should Learn From the Golden State

In this week’s Spotlight, California Secretary of State Dr. Shirley N. Weber describes how California held the first major statewide election since the 2020 general election this past September. Weber explains how, in an era of widespread mistrust in our election systems, this was an opportunity to demonstrate to voters that electoral processes are fair, transparent and accurate. In the end, more people voted in this recall election than in the regularly scheduled midterm election of 2018. This wasn’t an accident — California has laws on the books that provide equal access to the ballot, while a growing number of states do not.

As the chief elections officer of the most populous state and a lifelong advocate of voting rights, Weber calls for Democratic leaders to take federal action in “Congress Should Learn From the Golden State.” [link removed]

ASK MARC

Each week, we pick a few reader questions about all things elections and share Marc’s answers. Got a question? Submit it here! [link removed]

Ariana asks: What’s the impact of the voter suppression ballot initiatives here in Michigan? Can voter suppression laws actually be passed that way?

Marc: Michigan has an unusual law where effectively, if a ballot initiative collects enough signatures to get on the ballot, it can go into effect while it’s still being voted on. We need everyone to work as hard as possible to fight the Michigan ballot initiative from getting on the ballot in 2022, and certainly from prevailing.

Robert asks: If the courts find Jan. 6, 2021 as an attempted insurrection with a direct link to Trump, shouldn't Trump be barred from running for any public office again, according to the 14th Amendment of the U.S. Constitution?

Marc: Section three of the 14th Amendment states: “No person shall be a Senator or Representative in Congress, or elector of President and Vice President or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath… shall have engaged in insurrection or rebellion against the same.” In addition to Trump, I think we will see a serious discussion this year about whether individual Republican House or Senate members are also disqualified from serving in Congress.

WHAT BODE’S BARKING ABOUT

“Trump has responded by venturing deeper into Georgia politics than he has in almost any other state… Democrats see the election narrative not just as a rehash of the 2020 election, but also an attempt to lay the groundwork to challenge Republican defeats in the next vote.” The Atlanta Journal-Constitution [link removed]

“The usual banter found at this north side business centered on a weightier topic — taxation without representation for more than 63,000 Wisconsin residents who cannot vote because of felony disenfranchisement laws….’Felony disenfranchisement continues to imprison individuals long after they leave prison,’ said Peggy West-Schroder, EXPO’s statewide campaign coordinator. ‘That’s especially true in Wisconsin, where the length of sentences for people on paper is three times longer than the national average,’ she said.” Milwaukee Journal Sentinel [link removed]

“What we’re left with is a hyper-focus on the insurrectionists themselves, and this 30,000-foot view from the window of the airplane that Trump may have summoned the crowd and slow-walked a military response to stop them…. And in between, Republican officials themselves wander the Capitol halls, make speeches about election integrity, and prepare to be swept back into power.” The Daily Beast [link removed]



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