05-21-2018  7:44 pm      •     
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NEWS BRIEFS

Raina Croff to Speak at Architectural Heritage Center

'When the Landmarks are Gone: Older African Americans, Place, and Change in N/NE Portland’ describes SHARP Walking Program ...

Portland Playhouse Presents August Wilson’s ‘Fences’ Through June 10

May 20 performance will include discussion on mental health; June 10 performance will be followed by discussion of fatherhood ...

Peggy Houston-Shivers Presents Benefit Concert for Allen Temple CME

Concert to take place May 20 at Maranatha Church ...

Family Friendly Talent Show, May 18

Family Fun Night series continues at Matt Dishman Community Center ...

Settlement reached in LGBT school harassment

SALEM, Ore. (AP) — An openly gay couple was walking in their Oregon high school parking lot when the principal's son drove up, veered away at the last second and shouted an anti-gay slur at the two girls. In class, a teacher equated same-sex marriage with bestiality.The girls complained to...

The Latest: Settlement reached in LGBT school harassment

SALEM, Ore. (AP) — The Latest on the case of LGBTQ discrimination at an Oregon high school.6:30 p.m.:The principal of an Oregon high school will resign and its school district will commit to improving the climate for LGBTQ students as part of a settlement reached between the American Civil...

Paul Allen donates jumiM to Washington gun initiative

SEATTLE (AP) — Microsoft co-founder and Seattle Seahawks owner Paul Allen has donated jumi million to a campaign seeking to raise the age to purchase semi-automatic rifles from 18 to 21 in Washington state.Allen made the announcement on Twitter Monday.The Alliance for Gun Responsibility says...

Man accused of trying to kill woman with opioid spray

MUKILTEO, Wash. (AP) — An Everett man is accused of holding down his ex-girlfriend at a Mukilteo hotel, shoving Xanax down her throat and forcing a fentanyl spray up her nose in what police say was attempted murder.The Daily Herald reports the woman survived and was able to escape and alert...

OPINION

Golfing While Black Is Not a Crime

Grandview Golf Club asks five Black women to leave for golfing too slow ...

Discovering the Best of Black America in 2018

Dr. Benjamin F. Chavis discusses the DTU Journalism Fellowship & Scholarship Program ...

Will Israel’s Likud Party Ever Respect the Rights of Palestinians?

Bill Fletcher weighs in on the precarious future of the two-state solution between the Israeli government and the Palestinian people ...

The Future of Medicinal Marijuana in Pets

Dr. Jasmine Streeter says CBD-derived products show beneficial therapeutic benefits for pets ...

AFRICAN AMERICANS IN THE NEWS

Settlement reached in LGBT school harassment

SALEM, Ore. (AP) — An openly gay couple was walking in their Oregon high school parking lot when the principal's son drove up, veered away at the last second and shouted an anti-gay slur at the two girls. In class, a teacher equated same-sex marriage with bestiality.The girls complained to...

Correction: 2018 Midterms-Endorsements story

ATLANTA (AP) — In a story May 20 about potential Democratic presidential candidates and their campaign activity in 2018, The Associated Press reported erroneously that former Vice President Joe Biden was planning to campaign in North Carolina on behalf of a congressional candidate Dan...

Border agent questions 2 women for speaking Spanish

HAVRE, Mont. (AP) — U.S. Customs and Border Protection officials are reviewing an encounter between a Border Patrol agent and two women who were speaking Spanish at a gas station in northern Montana, the agency said Monday.Allegations have been made before of law-enforcement officers in...

ENTERTAINMENT

Netflix says it has signed Barack and Michelle Obama

NEW YORK (AP) — Barack and Michelle Obama are getting into the television business with Monday's announcement that they had signed a multi-year deal with Netflix.The former president and first lady have formed their own production company, Higher Ground Productions, for the material. In...

Artist Robert Indiana, known for 'LOVE' series, dies at 89

PORTLAND, Maine (AP) — Pop artist Robert Indiana, best known for his 1960s "LOVE" series, has died at his island home off the coast of Maine. He was 89.Indiana died on Saturday from respiratory failure at his Victorian home in a converted Odd Fellows hall, a fraternal order lodge, where he...

Miss Nebraska wins Miss USA competition

SHREVEPORT, La. (AP) — Miss Nebraska has been named Miss USA.Sarah Rose Summers beat out 50 other women from all the states and the District of Columbia.At the start of the two-hour broadcast, the field was immediately narrowed down to 15 contestants according to how they performed during...

U.S. & WORLD NEWS

What is lava haze? A look at Hawaii's latest volcanic hazard

PAHOA, Hawaii (AP) — Lava from Hawaii's Kilauea volcano is pouring into the sea and setting off a chemical...

Syrian government declares capital fully under its control

BEIRUT (AP) — Syria's military on Monday captured an enclave in southern Damascus from Islamic State...

Divided Supreme Court sides with businesses over workers

WASHINGTON (AP) — A divided Supreme Court ruled Monday that businesses can prohibit their workers from...

Congo Ebola vaccination campaign begins with health workers

KINSHASA, Congo (AP) — Congo began an Ebola vaccination campaign Monday in a northwest provincial capital...

Social media under microscope in emotive Irish abortion vote

DUBLIN (AP) — In homes and pubs, on leaflets and lampposts, debate is raging in Ireland over whether to...

Aide: Palestinian leader making swift recovery in hospital

JERUSALEM (AP) — Palestinian President Mahmoud Abbas is alert and making a swift recovery after being...

George E. Curry NNPA Columnist

If you're looking for the justice on the Supreme Court who mirrors Thurgood Marshall's tenure on the bench, it is not Sonia Sotomayor, the "Wise Latina." And it certainly isn't Clarence Thomas. It is Ruth Bader Ginsburg, the second woman to serve on the nation's highest court.

This became clear in the Fisher v. University of Texas affirmative action case. With Elena Kagan recusing herself, the court voted 7-1 to send the case back to court of appeals for additional review. The lone dissenter was Ginsburg.

"The University of Texas at Austin (University) … has steered clear of a quota system like the one struck down in Bakke, which excluded all nonminority candidates from competition for a fixed number of seats…." she said. " Justice Powell's majority opinion in Bakke "rules out a racial quota or set-aside, in which race is the sole fact of eligibility for certain places in a class.' And, like so many educational institutions across the Nation, the University has taken care to follow the model approved by the Court in Grutter v. Bollinger."

In sending Fisher back to the 5th Circuit Court of Appeals in New Orleans, the 7-1 majority emphasized that the lower court should apply a standard of strict scrutiny, meaning the University must prove that it has tried all available race-neutral approaches before allowing race to be considered a factor in admissions.

Ginsburg wrote in her dissent, "I have said before and reiterate here that only an ostrich could regard the supposedly neutral alternatives as race unconscious."

Continuing to address the issue of race directly, Ginsburg said, "I have several times explained why government actors, including state universities, need not be blind to the lingering effects of 'an overtly discriminatory past,' the legacy of 'centuries of law-sanctioned inequality.' Among constitutionally permissible options, I remain convinced, 'those that candidly disclose their consideration of race [are] preferable to those that conceal it.'"

In Shelby County v. Holder, the Voting Rights Act challenge, Ginsburg filed a dissenting opinion that was joined by Stephen G. Breyer, Sotomayor and Kagan. The conservative majority struck down Section 4 of the Voting Rights Act, effectively gutting one of the nation's most effective tools to curb discrimination against Black voters.

"In the Court's view, the very success of Section 5 of the Voting Rights Act demands its dormancy," Ginsburg said. "Congress was of another mind. Recognizing that large progress has been made, Congress determined, based on a voluminous record, that the scourge of discrimination was not yet extirpated."

She explained, "The Voting Rights Act of 1965 (VRA) has worked to combat voting discrimination where other remedies had been tried and failed. Particularly effective is the VRA's requirement of federal preclearance for all changes to voting laws in the regions of the country with the most aggravated records of rank discrimination against minority voting rights."

Quoting a 1966 decision in South Carolina v. Katzenbach, Ginsburg said, "A century after the Fourteenth and Fifteenth Amendments guaranteed citizens the right to vote free of discrimination on the basis of race, the 'blight of racial discrimination in voting' continued to "infec[t] the electoral process in parts of our country."

The Voting Rights Act directly addressed that infection, Ginsburg stated.

"Although the VRA wrought dramatic changes in the realization of minority voting rights, the Act, to date, surely has not eliminated all vestiges of discrimination against the exercise of the franchise by minority citizens," she said. "Jurisdictions covered by the preclearance requirement continued to submit, in large numbers, proposed changes to voting laws that the Attorney General declined to approve, auguring that barriers to minority voting would quickly resurface were the preclearance remedy eliminated."

Ginsburg noted, "After considering the full legislative record, Congress made the following findings: The VRA has directly caused significant progress in eliminating first-generation barriers to ballot access, leading to a marked increase in minority voter registration and turnout and the number of minority elected officials. But despite this progress, "second generation barriers constructed to prevent minority voters from fully participating in the electoral process" continued to exist, as well as racially polarized voting in the covered jurisdictions, which increased the political vulnerability of racial and language minorities in those jurisdictions."

She noted that Congress, not the judiciary, should have the final say on voting matters.

"The Constitution uses the words 'right to vote' in five separate places: the Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments. Each of these Amendments contains the same broad empowerment of Congress to enact 'appropriate legislation' to enforce the protected right. The implication is unmistakable: Under our constitutional structure, Congress holds the lead rein in making the right to vote equally real for all U. S. citizens. These Amendments are in line with the special role assigned to Congress in protecting the integrity of the democratic process in federal elections."

That's language that would make Thurgood Marshall proud.

George E. Curry, former editor-in-chief of Emerge magazine, is editor-in-chief of the National Newspaper Publishers Association News Service (NNPA.) He is a keynote speaker, moderator, and media coach. Curry can be reached through his Web site, www.georgecurry.com. You can also follow him at www.twitter.com/currygeorge and George E. Curry Fan Page on Facebook.

 

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