At Justice, It Just Keeps Getting Worse
The Civil Rights Division at the Justice Department has done it again. Under the supervision of scandal-plagued Deputy Assistant Attorney General Julie Fernandes, the Division has blocked a much-needed reform of a local school board in Fairfield County, S.C. It’s the latest example of what happens when you put a civil rights enforcement unit under a political appointee who opposes race-neutral enforcement of the Voting Rights Act (VRA).
Aided and abetted by her boss, Assistant Attorney General Tom Perez, Fernandes, who is in charge of all voting-related cases, has engineered an illegitimate racial objection to reform in Fairfield County. Her argument finds little support in the VRA and runs counter to Supreme Court precedent. It does, however, neatly reflect the ideology of the ACLU and the Lawyers’ Committee for Civil Rights, which requested that DOJ object. In fact, there is evidence from sources outside DOJ that Fernandes may have overruled the opinion of the career staff that no objection was warranted, an action that liberals (especially those in Congress) raised as “shocking” and “outrageous” when it supposedly occurred during the Bush administration.
Blacks constitute 59 percent of the population of Fairfield County. Blacks also hold six of the seven elected seats on the county school district’s Board of Trustees. As even Justice admits in its objection letter, the school district has been plagued for years with a “poor academic record, accusations of financial impropriety … the perceived ineffective leadership of the school board, the [local] legislators’ inability to obtain any assistance from state education officials, and the repeated requests from constituents, both African American and white, for assistance in improving the district’s schools” (emphasis added).
The Democratic legislators who represent Fairfield County, outraged at the poor education their majority black student population are receiving, took action. They convinced the South Carolina legislature to pass a bill adding two appointed members to the school district’s “ineffective” board of trustees. Enter, the Justice Department. Because South Carolina is covered under Section 5 of the VRA, it had to submit this change in the composition of the school board to the Civil Rights Division for approval.
Under Section 5, the Division is supposed to review changes in “voting” procedures to ensure that the change has neither the purpose nor the effect of discriminating (what is termed “retrogression”) against those voters who are a minority in a particular jurisdiction – in this case, the white population that constitutes only 41 percent of the population.
Yet the objection letter that the Division sent to the school board analyzes this change according to its supposed effect on the black population, which is the majority of the county (the letter found no purposeful discrimination).
DOJ’s actions are completely contrary to the VRA, which was designed to protect all voters (regardless of color) and especially those who constitute a minority in a covered jurisdiction. But the actions are, regrettably, perfectly in line with Fernandes’ oft-expressed (and legally indefensible) view that the VRA protects only black voters and other national ethnic minorities. The Civil Rights Division’s flimsy objection notwithstanding, the change in the number of members of the Fairfield County School Board is not discriminatory in purpose or effect. It is, in fact, a direct response to the desperate pleas of local citizens of every race and color to help them fix their public schools.
The other problem with this objection is that it flies in the face of Supreme Court precedent. In 1992, in Presley v. Etowah County Commission, the Supreme Court defined what kind of voting “changes” are subject to Section 5 review. They include changes in the manner of voting, changes in candidacy requirements, changes in the composition of the electorate, and changes affecting the creation or abolition of an elective office.
The change made in Fairfield County, which adds two appointed seats to the school board, does not fall into any of these four categories. Had the legislation made any changes to the seven elected seats on the board, it certainly would be subject to Section 5 review under other relevant Supreme Court case law (Allen v. State Board of Education and Holder v. Hall). But this change neither “creates” nor “abolishes” any elected office. In fact, the Justice Department admitted in its letter that even under the expanded board, “the number of districts in which African-Americans [sic] voters can elect candidates of choice remains unchanged from the benchmark plan.”
This is a crucial admission, because the key to a Section 5 review is comparing a proposed change to the existing procedure — what is termed the “benchmark” — and the Department is actually conceding that the number of elected positions in the benchmark plan remains unchanged. So there is no Section 5 violation.
But the Division claims there is a violation because the change reduces “the proportion of positions for which minority voters can elect candidates of choice.” That claim also goes directly against the holding in Etowah, which involved the transfer of certain authority for road operations from elected county commissioners to a county engineer. The Supreme Court specifically held that such a change in a county governmental body is not subject to Section 5 because it only concerns the distribution of power among officials; it has no direct relation to, or impact on, voting. The fact that there are now nine members of the Fairfield Board of Trustees, instead of seven, only concerns the distribution of power among its members and has no direct relation to, or impact on, the voting of the citizens of the county for the seven unchanged elected seats.
The Department’s lack of a sound legal basis for its objection is evident in its letter to the school district. It consists almost entirely of a recital of how other states like Mississippi and Texas have handled similar problems with bad local school boards. And none of that has any relevance whatsoever to a Section 5 legal analysis of the effect of what the South Carolina legislature enacted in Fairfield County. Section 5 requires a comparison between a proposed change and the benchmark in that particular jurisdiction. What may have been done in other states is simply irrelevant. The Department also put great emphasis on the fact that the legislature in this case undertook its actions on an ad hoc nature. Once again, there is no relevance whatsoever to that point in a Section 5 review of the supposedly retrogressive effect of a “voting” change.
But the most troubling revelation about this case is the way it shows, once again, the skewed enforcement views of Fernandes’ Civil Rights Division. Even if the increase in school board seats were subject to Section 5 review, the VRA is supposed to protect the racial minority in a jurisdiction. Yet the four-page Justice Department letter talks only about the supposed effect of this change on the county’s majority population: blacks. Julie Fernandes and Tom Perez evince no interest in protecting minority voters if they are white.






What aren’t Julie Fernandes and Tom Perez being called in front of some Congressional committee to answer for all of this?
Time was, Americans viewed government much as we view the police: as a reactive institution, which would sit quietly until summoned by a complaint of injustice. The case described here indicates that the Department of Justice, at least, views itself as a proactive institution, with a “John Doe” warrant to interfere in whatever it pleases on whatever pretext it can devise. Of course, a proactive government will necessarily pick its own shots, which puts the ideologies and preferences of its masters in the driver’s seat.
Can anyone else remember the old ideal of “a government of laws, not of men” — ?
The DOJ is rapidly becoming the criminal organization that needs to be attacked under the RICO statutes. Congress needs to begin the impeachment process against Holder for repeated violations of law and the civil rights of voters (Black Panther and Military). This is the last thing Obama needs before an election and a resignation would be most likely before a trial and would include some of his far left baggage.
There has been plenty written about the New Black Panther case over the last year or so. It is obvious that the leaders of both parties want to leave it alone. Why don’t we just shut up and take our medicine! You know…I can’t even remember if any of the DOJ has been asked on video about this issue. Are even reporters refusing to cover it?
Because all that is necessary for evil to prevail is for good men to do nothing, thats why.
The U.S. Department of Justice is a racist government entity. Say what you wish but white folks had better awaken to what is going on in the country. This thing started with the Witchita Massacre and has been followed up by the like of the Knoxville Murders. You darn well had better be prepeared to defend yourself and not count on local or the US government.It is time to stop this blatant racism. Give this some thought please. America has been brow beat into electing Obama a person with very little ability to govern. Even now we refuse to take a stand only because of his race. Slavery began back in biblical times and continues today throughout the world. Quit blaming yourselves and stand up before you are liquidated.
This is the Democrat party’s version of Shaira law.
Mr. Spakovsky:
Are you saying that the Federal government isn’t qualified to provide guidance to the locals who run a public school system?
Haven’t you heard of the glittering success that is the DC Public Schools?
One wonders what proportion of DoJ employees choose to live in the District so that their children can attend that monumental testament to Federally overseen public education.
I’ll bet close to ’0′ DOJ employee’s send their children to D.C’s public schools and the president doesn’t either. That should tell everyone something about the failed school system.
It’s Birth Of A Nation being played out in real life.
It would appear – to a cynical person – that DOJ wants to preserve local and state positions of authority for black elected officials, without regard to how well they are doing their jobs. In the case in the article, makes you wonder why the local voters haven’t voted out the board members who they think aren’t serving the needs of the kids in the schools there?? hmmm… Also would make a cynic suspect that DOJ doesn’t really have the children’s interests at heart and that in fact DOJ wants all the black-majority locations across the nation to be like Detroit … okay, Newark.
Sarcasm – or whatever it is – aside it is very disheartening to see Federal officials work to maintain the “same old game” in local and state politics, particularly when it has a high probability of filling legislative seats with folks who are utterly ignorant of how anything except their own whims and wishes work. *sigh* Many places in the U.S. who “enjoy” black-majority rule and the consequent rule of black elected officials are worse off than they were back in the bad old days of segregation, by most statistical measures, except of course, how many murders of blacks are being commited by whites. Black on black crime is up, illegitimate births are up, failing to graduate from high school is way up, graduating and being unable to read and write is up – by the way, there is no such thing as “functional” illiteracy – and that is the result of looking only at the color of a person’s skin to determine if the laws ought to be enforced against them or enforced in their favor. Racism is racism, no matter the skin color of the practitioner and the consequences are the same.
you pointed out the real problem. If there will be an benchmark for a failed, racist elected government it will be this obama administration: arrogant, anti-constitution, racist and politically corrupt.
17 months until election 2012
Why haven’t the Board of Trustees been recalled, voted out, or replaced? Attacking the DoJ when it doesn’t do what conservatives want is typical of conservative hypocrisy. Did they complain when Bush’s DoJ acted in the manner they claim the DoJ is now doing? It’s just another attempt to attack Obama.
“It’s just another attempt to attack Obama.”
It was Obama who appointed Holder, and its’ Holder’s DoJ.
BTW…it was not missed that one of Obama’s first acts as President was to dismantle the school voucher program, that gave children a chance to escape the clutches of the likes of the DC public school system,(while he sent HIS two precious little darlings to be educated by the Honkie Quakers at Sidwell Friends School).
That ain’t an attack, chummie, them’s are the bare, naked facts.
Why don’t you suck on ‘em for a while and see if they taste any better later on.
Cite your allegation, please.
No recall of blacks by blacks is gonna’ happen. The DOJ is dead bang wrong in viewing the black majority as a minority. No matter what rights or wrongs were or weren’t committed at other times and in other places, the instant situation is what is being discussed. Oscumbag deserves to be attacked. He is an incompetent evildoer. He is an Eldridge Cleaver with a college degree; probably not deserved. The only thing he is good at is paying to keep his tracks covered. I would say that he is his own worst enemy; but I would be about 60 million Americans wrong.
AntiWacko – Please provide recent examples of a Republican Administration acting as the DOJ is doing now.
I am not a lawyer, or even a lay expert in the voting rights act or the civil right laws. I would refer anyone wanting an expert legal opinion to the writings of Hans A. von Spakovsky and Christian J. Adams, both lawyers and veterans of the DOJ, Civil Rights division. Or better still, read the testimony of Christopher Coates, former voting chief for the department’s Civil Rights Division.
PS: The New Black Panthers case is so important because there is rarely a case where the intimidation is so obvious. What message does it send to voters that the DOJ declined to continue (Sorry, reduced the penalty) after receiving a favorable summary judgement.
Seriously, is there no way this administration can be held accountable, BEFORE the election in 2012?
I’ve read and re-read the first three paragraphs and I have no idea what justice did? I don’t have time for this kind of writing.
10 ANTIWACKO What an ironic name for a new libtard troll!How much “stimulus” money is Obama paying you for your trolling?