Thursday, May 21, 2009

Renewing the Fight for Civil Rights: New U.S. Attorney General Takes A Stand

http://www.usnews.com/articles/news/obama/2009/04/30/obamas-justice-department-renews-the-fight-for-civil-rights.html

All,

This statement by Eric Holder-- President Obama's new Attorney General (and the first African American to hold this position in American history) is long overdue especially given the horrific and unrelenting violations of the human and civil rights of African Americans, other minorities, women, and others over the past eight years of the Bushwhacker administration. Let's hope that Mr. Holder seriously means what he says and is fully committed to acting on his stated public position. We all really need it.

Kofi


Obama's Justice Department Renews the Fight for Civil Rights

The administration is expected to prosecute discrimination cases more vigorously than its predecessor



By Alex Kingsbury
Posted April 30, 2009
U.S. News and World Report


It is a telling reflection of the priorities of the last president that one of the few civil rights cases before the nation's high court this year is a reverse discrimination case. It concerns a group of white firefighters in New Haven, Conn., who say they were unfairly denied promotion as a result of affirmative action gone awry. The Obama Justice Department came out in favor of New Haven in the case, a sharp departure from the past eight years, which saw the government pursue a growing number of these reverse discrimination cases, even as traditional civil rights cases declined.

Eric Holder, the country's first black attorney general, made his priorities clear from Day 1, telling department employees that the United States is a nation of "cowards" when it comes to issues of race. The Obama administration is widely expected to prosecute discrimination and civil rights cases more vigorously than its predecessor. Civil rights cases, which tend to be controversial and divisive, have traditionally focused on voting rights, housing, and employment matters but can cover all kinds of discrimination, from race to religion to disabilities.

The renewed focus on civil rights comes at a particularly pivotal moment because of the upcoming 2010 census. The updated population figures are used to conduct a comprehensive redrawing of political districts that will most likely be hotly contested, and the data also are used to monitor and enforce civil rights laws in areas like housing, lending, education, and voting.

Beyond the census, issues like racial profiling and police abuse are expected to receive new attention under Obama. Indeed, one of the first civil rights cases filed by the new attorney general came against a former Texas police officer accused of racially profiling Hispanic motorists. In addition, the Justice Department is likely to back new laws to make voter registration more uniform, congressional staffers say.

Holder has a lot of work ahead of him. Under George W. Bush, the Justice Department was better known as a battleground between political appointees and career civil servants than for its frontline work in civil rights litigation. It took six years, the controversial firing of nine U.S. attorneys, and Democratic control of Congress for a series of investigations to reveal numerous instances of inappropriate politicization.

By the end of two terms, the Bush administration had altered the mission of the Justice Department's legendary Civil Rights Division. Between 2001 and 2005, the division brought only a single case of employment discrimination (a reverse discrimination case, like that of the Connecticut firefighters) and no cases of voter discrimination on behalf of African-Americans. Instead, resources were directed toward immigration enforcement, human trafficking, and issues of religious free speech, all of which had traditionally been handled by other divisions.

"Racial balancing." In his budget, Obama included an 18 percent boost in funding for the Civil Rights Division. But the office could face an uphill battle because of the large number of conservative federal judges appointed over the past eight years. Supreme Court Chief Justice John G. Roberts, for instance, is an outspoken opponent of "racial balancing." In March, the high court ruled that certain oversight provisions in the 1965 Voting Rights Act don't automatically apply in voting districts where minorities make up less than one half of the population.

In addition to the pending Connecticut case, the Supreme Court heard oral arguments yesterday in a Texas case that challenges whether election procedures in 16 states should still be subject to federal supervision under the Voting Rights Act. Georgia Gov. Sonny Perdue, whose state's elections are currently supervised by the Justice Department, says Obama's election shows why the protections afforded to minority voters are no longer needed. For his part, Obama has pledged to "reinvigorate federal civil rights enforcement," in particular, prosecuting more cases of voting discrimination against blacks.


http://www.usnews.com/articles/news/national/2009/03/12/why-eric-holder-says-civil-rights-is-his-top-priority-after-the-bush-years.html



Why Eric Holder Says Civil Rights is His Top Priority After the Bush Years

By Alex Kingsbury
Posted March 12, 2009
U.S. News & World Report

If the nation's new attorney general wanted to get people's attention on the subject of race, lambasting Americans as "cowards" was a headline-grabbing first step. In the wake of the election of the nation's first black president, its first black attorney general delivered a powerful indictment on race relations. "Though this nation has proudly thought of itself as an ethnic melting pot, in things racial we have always been and continue to be, in too many ways, essentially a nation of cowards," Attorney General Eric Holder told Justice Department employees in a speech in February marking Black History Month.

As the country's top lawman, Holder is now in a position to tackle racial inequity. But first, he'll have to rebuild the stable of government attorneys who specialize in prosecuting complex discrimination cases. Under the Bush administration, political appointees effectively chased away the bulk of the experienced attorneys in the Justice Department's Civil Rights Division, which handles cases of discrimination in housing, employment, and voting rights. During the past eight years, more than half of the division's career staff left or was reassigned, and its focus shifted away from traditional civil rights cases. Remaking the division is "Priority 1 right now," Holder told the National Association of Attorneys General last week. "Some of the stuff that I learned in the transition reports were frankly pretty shocking," he said. "We're going to need help as we try to reinvigorate, rebuild what has always been a great division but that has suffered a lot in the last eight years."

More broadly, the Justice Department was ground zero for a series of the most contentious fights between Bush administration political appointees and career civil servants. Yet it took six years and the firing of nine U.S. attorneys for Congress to launch investigations into activities at the department. Even now, lawmakers are still trying to get answers from former White House staffers, including Harriet Miers and Karl Rove, about the role of politics in those dismissals.

The machinations at the Civil Rights Division never received the same level of public attention as the fired attorneys. But the woes of the legendary division, which enforced school-desegregation busing and affirmative action, do illustrate the corrosive impact that political appointees can have on the business of an agency, according to investigators. "The division was the flagship of enforcement of civil rights, and now it's not even a shell of its former self in reputation or in practice," says Barbara Arnwine, executive director of the Lawyers' Committee for Civil Rights Under Law.

Investigations by the Justice Department's inspector general and its Office of Professional Responsibility concluded that political appointees improperly hired lawyers based on their political views and pushed out or reassigned senior staff attorneys. In addition, the division's new hires had far less experience with civil rights cases than those hired under previous administrations, according to statistics released by the Justice Department. The inspector general's report even concluded that a former chief of the Civil Rights Division made false statements to Congress about the hiring practices and said that the combination of his actions rendered him "unsuitable for federal service." The investigations led to a new policy compelling political appointees to receive briefings on prohibited personnel practices.

The Bush administration fundamentally altered the division's mission. Between 2001 and 2005, the division brought only a single case of employment discrimination, and no cases of voter discrimination, on behalf of African-Americans. Instead, division resources were directed toward immigration, human trafficking, and issues of religious free speech, all of which had traditionally been handled by other divisions. As Holder put it during his Senate confirmation hearings, "In the last eight years, vital federal laws designed to protect rights in the workplace, the housing market, and the voting booth have languished."

For Holder, civil rights have long been a personal issue. In 1963, his sister-in-law, Vivian Malone Jones, had to be escorted to her college classes at the University of Alabama by U.S. marshals. Braving protests by angry crowds and the state's governor, George Wallace, she was one of the first two black students to attend the school.

The Civil Rights Division, which Holder has called the "conscience of the Justice Department," has around 350 lawyers who manage litigation relating to everything from housing to voting rights. Created in 1957, it was charged with enforcing an ever changing landscape of civil rights legislation. Since then, its mandate has expanded beyond racial issues to include discrimination based on gender, sex, handicap, religion, and national origin.