Case more about racism than felon voting rights

September 21, 2010 @ 5:20 am (Updated: 6:25 am - 9/21/10 )

By ALEX SILVERMAN
KIRO Radio.
Listen to Alex's report

In Washington, like in most states, convicted felons cannot vote until they've done their time. But a case challenging that law is coming to a head in federal court Monday.

On its face, Farakkhan v. Gregoire is about whether felons have the right to vote. But it's really about institutionalized racism: namely whether Washington's criminal justice system treats minorities unfairly.

"You have vast disproportionate rates of incarceration and sentencing for African-Americans, Latinos, and Native Americans," said Dale Ho, one of the NAACP Legal Defense and Education Fund lawyers representing the plaintiffs in the 14-year-old case. They claim that due to racism built into the court system, the state's law banning felons from voting violates the 1965 Voter Rights Act. "Black defendants convicted of crimes lose their right to vote 50 percent longer than white defendants," Ho said.

In January, a 3-judge panel of the 9th Circuit Court of Appeals ruled in favor of Ho and the plaintiffs. The state was set to appeal to the U.S. Supreme Court, until the 9th Circuit decided to hear the case again, this time before an 11-judge en banc panel. "To our surprise, the judges themselves decided to reconsider this case," said Secretary of State Sam Reed.

Tuesday, Attorney General Rob McKenna will argue before that 11-judge panel. Reed said the fact that the court decided to hear the case a second time is a good sign. "There is no evidence of there being discrimination per se," he said. "If there are problems in the justice system, they need to address those, not to say that everyone who is in prison today has a right to vote."

Three other appellate courts (in cases out of New York, Massachusetts, and Florida), have reached the opposite conclusion, deciding the Voting Rights Act does not deal with felons' right to vote.

"In a couple of these other cases there have been requests for the Supreme Court to hear them," Reed said. "But we understand they're waiting and seeing on this one because they may want to take the Washington case."

According to Reed, no matter what the 9th Circuit decides, Farrakhan will likely reach the highest court in the land, and that could mean changes in voting rights for felons across the country.

Follow Alex Silverman on twitter @alexsilverman

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Comments (15)


  • Add A Comment

  • hnuh wrote...
    chicken or egg
    September 21, 2010 5:43 am
    one says chicken one says egg and the fact is if you go and do crimes enough times finally the state locks you up. It takes a lot of crimes, or just one against a public official of some status, but eventually you get locked up. So, NAACP, the problem is not racism other than your own, it is crimes committed repeatedly by people you consider to be your constituents. The reason people of a particular race are over represented in prison is due to crimes the individuals committed and nothing else of consequence.
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  • wonderfullone wrote...
    Hey, Mush-heads
    September 21, 2010 5:46 am
    If zero felons are allowed to vote, as it is and always should be, then no claim of racism can exist.

    If we just allowed black felons to vote, would that be better?, No, that would be institutionalized racism, just like the little boxes and categories on govt forms accomplish, doling out monies based on racial make-up of a region. Pathetic. Perhaps these idiots should take a look at a dictionary.

    Also, if you are concerned about proportionality of race in prison, you'd need to take a serious look at the proportionality of race in criminals.

    hmmmmmm.

    Nope, it's just plain lazy to blame race for people making choices to commit crimes.

    The bottom line, the liberal class has to have the vote of the welfare and nanny state crowd to stay in power.

    Call it what it is

    Or keep defending the crooks!

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  • mzpalmerii wrote...
    Unfortunately,
    September 21, 2010 6:23 am
    black criminals ARE black. The label that should be noticed is CRIMINAL, not black. Nobody should see otherwise, regardless of their race.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • RockIn wrote...
    The solution is:
    September 21, 2010 6:26 am
    Strip all felons of the right to vote forever. Oh wait, then you'd have younger felons saying they lost the right to vote for a longer period of time because they live longer than the old guy. What a waste of time. I can't believe I even bothered to comment on this crap.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Had enough yet, Libs? wrote...
    Awh, yes!
    September 21, 2010 6:29 am
    The Liberals, despiratly seeking a new voting base, now are attempting to allow non white felons (and illegals) the ability to vote and, of course, all under the guise of Racism! What? Dont white felons vote (if they could) for Obama?

    Since they lose the right to vote, Obama, despirate for votes, promises them to reinstate their voting privledges. Just as long as they remeber who did this for them. And promises of reducing their incarceration time and that vote will be for Liberals.

    My Gosh, the level of despiration that this regime is sinking is beyond beleif.

    Just more and more mounting evidence of just how self screwed this regime know's that it is!

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • harveyd wrote...
    I'm Stocking Up On Ammo
    September 21, 2010 7:07 am
    for the civil war to rid this country of the fecal-headed liberals for good. Then we won't have to deal with crap like this.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • nurwho wrote...
    This is stupid
    September 21, 2010 7:11 am
    You do the crime you do the time regarless of the color of your skin.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Concerned wrote...
    LET ME GET THIS STRAIGHT
    September 21, 2010 7:19 am
    By law, a felon cannot vote because it is part of their punishment FOR COMMITTING A CRIME and their rites cannot be reinstated until they have paid their dues? How can it be about race when the majority of felons ARE THE MINORITIES?? If the felons were all white, this would NOT be discussed. I really think all members of the justice system are OUT TO LUNCH!!!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • boyerbl wrote...
    They are there because...
    September 21, 2010 7:38 am
    They are there because they are criminals not because they are a racial minority. They made some bad choices and they are paying the price with no bias or racial profiling. Now they all need to “Man Up” and take a bit of responsibility and stop looking for a out side scapegoat for their bad career choice.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • OneMoreVoice wrote...
    I agree, this should be about behavior not race
    September 21, 2010 7:48 am
    If you commit crimes and are labeled a criminal it does have a d**n thing to do with your race. I agree with the law revoking voting rights until after all time is served and parole is over. Mamby pamby judges need to stop advocating from the bench.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
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