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The Bad News ... and the Good News Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=15102"><span class="small">Bernie Sanders, Reader Supported News</span></a>   
Tuesday, 23 June 2020 13:05

Sanders writes: "If you think you are living in unusual and unprecedented times, you're right. This is a moment in American history that kids will be studying in school for a very long time."

Sen. Bernie Sanders signs autographs at a February campaign event with Latino supporters in Santa Ana, California. (photo: Damian Dorvarganes/AP)
Sen. Bernie Sanders signs autographs at a February campaign event with Latino supporters in Santa Ana, California. (photo: Damian Dorvarganes/AP)


The Bad News ... and the Good News

By Bernie Sanders, Reader Supported News

23 June 20

 

f you think you are living in unusual and unprecedented times, you're right. This is a moment in American history that kids will be studying in school for a very long time.

We are living through a pandemic that has claimed the lives of 120,000 Americans. And, now, after cities and states have "reopened," the number of new cases is skyrocketing.

We are living through an economic meltdown where over 30 million workers have lost their jobs, and people across the country are struggling with hunger, evictions and unpayable debts.

We are living through a massive outpouring of rage against police brutality and murder and the systemic racism which has plagued this country since it's inception.

And, in the midst of all of that, we have a narcissistic and demagogic president who defies science in terms of the pandemic, ignores the pain of the unemployed and hungry and, instead of leading the effort to combat racism, is actively trying to encourage violence and divide us up.

That's the bad news.

Here's the good news:

We are actively and successfully fighting back.

As a result of mass demonstrations across the country, local, state and federal governments are beginning to move toward holding police officers accountable and rethinking the very nature of policing.

And, at the ballot box, there are a number of strong progressive candidates who are taking on the political establishment, running great campaigns and have an excellent chance of winning their Democratic primary and general elections.

Among the candidates whom we are supporting with upcoming elections — many of which are happening today — are:

Charles Booker for U.S. Senate in Kentucky, Jamaal Bowman (NY-16), Mondaire Jones (NY-17), Samelys López (NY-15), Alexandria Ocasio-Cortez (NY-14), Arati Kreibich (NJ-05), Amy Padden in Judicial District 18, Colorado, Alonzo Payne in Judicial District 12, Colorado, Matt Toporowski in Albany County, New York, Mike Gianaris for New York State Senate, Julia Salazar for New York State Senate, Jessica Ramos for New York State Senate, Jabari Brisport for New York State Senate, Yuh-Line Niou for New York State Assembly, and Ron Kim for New York State Assembly.

Last but not least, in the midst of these tumultuous times, it is imperative that we maintain our bold vision for the America we want to see in the years to come, a vision that more and more Americans are embracing.

Yes. We can transform a rigged and corrupt political system and create a vibrant democracy based on one person, one vote.

Yes. We can create an economic system based on the principles of justice, not greed.

Yes. We can create a guaranteed federal jobs program and decent income for all American workers as we rebuild our crumbling infrastructure.

Yes. We can make public colleges and universities tuition free, cancel all student debt, and have high quality and universal childcare.

Yes. We can make health care a human right and not a jobs benefit, and pass a Medicare for All single-payer program.

Yes. We can create millions of good jobs by implementing a Green New Deal as we lead the world in combating climate change.

Yes. We can move toward a country which eliminates racism, sexism, homophobia, xenophobia and all forms of bigotry.

Yes. We can fight against all forms of gender discrimination and protect a woman's right to control her own body.

Yes. We can pass common sense gun safety legislation and end the epidemic of gun violence in our country.

And, yes! Listening to the American people, and responding to their needs, we can do much, much more.

In this difficult moment in American history, this is not the time for despair or retreat. Now is the time for courage. Let us go forward together.

In solidarity,

Bernie

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FOCUS: Dear Governor Newsom Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=54801"><span class="small">Our Revolution, Progressive Democrats of America and RootsAction</span></a>   
Tuesday, 23 June 2020 12:01

Excerpt: "The imperative of defeating Donald Trump will require notable willingness of Democratic Party leaders to go beyond politics as usual. Calls for unity must be accompanied by genuine messages and realities of inclusion that can appeal to disaffected progressive voters."

California governor Gavin Newsom. (photo: Elijah Nouvelage/EPA)
California governor Gavin Newsom. (photo: Elijah Nouvelage/EPA)


Dear Governor Newsom

By Our Revolution, Progressive Democrats of America and RootsAction

23 June 20

 

ear Governor Newsom:

22 June 20

The imperative of defeating Donald Trump will require notable willingness of Democratic Party leaders to go beyond politics as usual. Calls for unity must be accompanied by genuine messages and realities of inclusion that can appeal to disaffected progressive voters.

The fact that Bernie Sanders received appreciably more votes in the California primary than any other candidate is one of the reasons why a vast majority of the state’s district-level Sanders delegates – elected two weeks ago – have signed a statement calling for Ro Khanna to be the chair of California’s delegation to the Democratic National Convention. The statement noted that, as a former national co-chair of the Bernie 2020 campaign, Congressman Khanna “would be well-positioned to serve as a voice for authentic unity” behind a ticket headed by Joe Biden. Endorsers of the statement included the California Nurses Association.

Selection of Congressman Khanna as chair of the California delegation – setting aside tradition and power politics in favor of fairness and a democratic process – would send an uplifting message nationwide. On the other hand, preventing a proper election for chair by delegates at the upcoming June 28 statewide meeting would convey to many progressives and others across the country that inclusion and transparency have remained more rhetoric than reality from powerful party leaders.

We ask you to join with us in supporting a truly democratic process for nominating candidates and electing one of them to be the chair of California’s delegation to the national convention. Anything short of such a process will have negative impacts – not only among California party activists and others who supported Senator Sanders in the primary but also among progressives nationwide.

Given our shared interest in creating as much authentic unity as possible behind the Democratic Party’s nominee to defeat Trump, it is essential that we avoid a replay of what happened in 2016 when the party establishment was correctly perceived as using non-transparent and anti-democratic tactics against Sanders supporters. We urge you to ensure that no such story emerges from California when the state’s delegation chair is selected.

Respectfully,

Our Revolution

Progressive Democrats of America

RootsAction.org

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The Wrong Justice Department Official Lost His Job This Weekend Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51846"><span class="small">Preet Bharara, Guardian UK</span></a>   
Tuesday, 23 June 2020 08:28

Bharara writes: "President Trump has long made clear that, for him, 'rule of law' is a limited-utility slogan."

Geoffrey S. Berman. (photo: David Handschuh/ALM)
Geoffrey S. Berman. (photo: David Handschuh/ALM)


The Wrong Justice Department Official Lost His Job This Weekend

By Preet Bharara, The New York Times

23 June 20


The attorney general undermined the rule of law by forcing out Geoffrey Berman, the United States attorney in Manhattan.

resident Trump has long made clear that, for him, “rule of law” is a limited-utility slogan. By word and deed, he has demonstrated his belief that the law exists to serve him, personally and politically.

He has pressured individuals and institutions to pervert their usual independent government missions to comply with a mandate of pure self-interest to protect the president and his friends and pursue the president’s adversaries. This explains Mr. Trump’s ire at his former attorney general, Jeff Sessions, for recusing himself from the Russia investigation; recusal made the protection part of the mandate harder to accomplish.

It also explains the president’s conduct at the heart of impeachment — using the diplomatic and financial levers of government to coerce Ukraine into announcing a damaging investigation of Joe Biden, his chief political rival. The episode is what the former Russia adviser Fiona Hill disparagingly referred to in her testimony as “a domestic political errand.”

READ MORE

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The Psychopath in Chief Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=54790"><span class="small">Tony Schwartz, Medium</span></a>   
Monday, 22 June 2020 13:02

Schwartz writes: "I spent hundreds of hours with Donald Trump to ghost-write 'The Art of the Deal.' I now see a deeper meaning behind his behavior."

Donald Trump. (photo: Win McNamee/Getty Images)
Donald Trump. (photo: Win McNamee/Getty Images)


The Psychopath in Chief

By Tony Schwartz, Medium

22 June 20


I spent hundreds of hours with Donald Trump to ghost-write ‘The Art of the Deal.’ I now see a deeper meaning behind his behavior.

“Imagine — if you can — not having a conscience, none at all, no feelings of guilt or remorse no matter what you do, no limiting sense of concern for the well-being of strangers, friends, or even family members. Imagine no struggles with shame, not a single one in your whole life, no matter what kind of selfish, lazy, harmful, or immoral action you had taken … You can do anything at all, and still your strange advantage over the majority of people, who are kept in line by their consciences, will most likely remain undiscovered. How will you live your life? What will you do with your huge and secret advantage?”

— Martha Stout, The Sociopath Next Door

mong the accomplishments Donald Trump parades most proudly is that he has won 18 golf club championships. Like so many of his claims, this one is pure fiction. When the sportswriter Rick Reilly investigated for his book Commander in Cheat: How Golf Explains Trump, he found that 16 of the claims were transparently false, and no evidence existed to support the other two. In one instance, Trump said he had won a championship at the Bedminster, New Jersey, club he owns, even though he was in Philadelphia on the day the event was held.

When Trump does play, Reilly reported, he takes “mulligans” (extra strokes that aren’t counted in one’s score ), throws opponent’s balls off the greens and into the bunkers, and kicks his own errant shots back onto the fairway so often that one of his caddies nicknamed him Pele, after the soccer star. “Trump doesn’t just cheat at golf,” Reilly concluded. “He cheats like a three-card Monty dealer. He throws it, boots it and moves it. He lies about his lies. He fudges and foozles and fluffs.”

How do we deal with a person whose core impulse in every part of his life is to deny, deceive, deflect, disparage, and double-down every time he is challenged? And what precisely is the danger such a person poses if he also happens to be the leader of the free world, during a crisis in which thousands of people are dying every day, with no letup in sight?

The first answer is that we must understand exactly who we’re dealing with, and we have not, because what motivates Trump’s behavior is so far from our own inner experience that it leaves us feeling forever flummoxed.

In July 2016, shortly before Trump became the Republican nominee for president, I was interviewed by Jane Mayer for an article in The New Yorker that was eventually titled “Donald Trump’s Ghostwriter Tells All.” Mayer described my experience with Trump over the 18 months it took me to write The Art of the Deal. During that time, I spent hundreds of hours with him.

Like many other Trump critics, I believed that he was driven by an insatiable narcissistic hunger to be loved, accepted, admired, and praised. That remains prima facie true, but it deflects attention from what drives Trump more deeply: the need to dominate. His primary goal is to win at any cost and the end always justifies the means. Ultimately, he doesn’t care what anyone else thinks or feels. For Trump, the choice between dominating and being loved — saving himself or saving others — is no contest.

The catalyst for my shift came after a friend sent me a long paper written by Vince Greenwood, a Washington, D.C.-based psychologist. Greenwood makes a detailed clinical case that Trump is a psychopath, a term that is now used nearly interchangeably with sociopath. Psychologists continue to debate whether it’s legitimate to diagnose anyone from a distance without the benefit of a clinical interview. In Trump’s case, his life history is so well documented that a thorough assessment does seem possible. As I once did up close, we can observe every day which psychopathic traits Trump manifests in his behavior. The highly regarded Hare Psychopathy Checklist enumerates 20 of them. By my count Trump clearly demonstrates 16 of the traits and his overall score is far higher than the average prison inmate.

The trait that most distinguishes psychopaths is the utter absence of conscience — the capacity to lie, cheat, steal, and inflict pain to achieve their ends without a scintilla of guilt or shame, as Trump so demonstrably does. What Trump’s words and behavior make clear is that he feels no more guilt about hurting others than a lion does about killing a giraffe.

“Let’s face it,” actor and Trump supporter James Woods tweeted recently, “Donald Trump is a rough individual. He is vain, insensitive, and raw,” to which Trump blithely responded: “I think that’s a wonderful compliment. Thanks James.” Absence of conscience gives Trump the license to invent his own rules, define his own reality, declare victory in any competition, and insist on his superior expertise on subjects about which he knows almost nothing.

What makes Trump’s behavior challenging to fathom is that our minds are not wired to understand human beings who live far outside the norms, rules, laws, and values that the vast majority of us take for granted. Conscience, empathy, and concern for the welfare of others are all essential to the social contract. Conscience itself reflects an inner sense of obligation to behave with honesty, fairness, and care for others, along with a willingness to express contrition if we fall short of those ideals, and especially when we harm others.

Repentance for one’s sins is a basic tenet of every major religion, but Trump adamantly resists seeking forgiveness from anyone for anything he’s done. “I have a very great relationship with God,” he told CNN’s Jake Tapper during the 2016 presidential campaign. “I like to be good. I don’t like to ask for forgiveness. And I am good. I don’t do a lot of things that are bad. I try to do nothing that is bad.”

So long as we seek to understand Trump’s motivations and behaviors through our own lens, we will feel forever at sea. Viewing Trump through his lens helps clarify that his behavior is completely predictable, and why it has become more extreme during each year of his presidency. “When somebody’s president,” Trump declared on April 13, “the authority is total. And that’s the way it’s got to be. It’s total. It’s total.” When it became clear to Trump that total authority also meant personal responsibility, he backed off that claim. But Trump is akin to a battering ram. He just keeps coming at you. The only limitation on his behavior is whether he believes he can get away with whatever it is he’s trying to do.

“People with a strong sense of conscience speak truth to power,” Greenwood explains. “Trump speaks power to truth.” Since his election in 2016, Trump has told more than 18,000 lies without acknowledging or apologizing for any of them. The frequency of his lies has risen from five per day in the first year of his presidency, to more than 23 a day during 2020. For Trump, lying is second nature. Facts are simply are obstacles to be batted away when they contradict his preferred fictions.

It is a fact, for example, that Trump has been a defendant in nearly 1,500 lawsuits over the past three decades — by government agencies seeking to collect unpaid taxes on his properties, contractors trying to get paid for services rendered to him and his companies, and women charging him with sexual assault. As far back as 1973, Trump and his father Fred were sued by the U.S. government for refusing to rent to African Americans in Trump Village, a housing project built by his father Fred. The two Trumps fought the charges for two years but eventually signed a consent order that included agreeing to take a series of actions to end their discrimination.

In 2015, Trump settled two class-action lawsuits charging him with defrauding students at Trump University by paying $25 million in penalties, and agreeing to close down the business. In 2018, in response to a lawsuit filed by the New York attorney general against Trump and his three oldest children alleging “persistently illegal conduct,” the Trumps agreed to shut the phony foundation, and to allow its remaining assets to be directed to charities chosen by the court.

The second quality that sets Trump apart is his lack of empathy. In the face of a crisis like the Covid-19 pandemic, we expect leaders to feel our pain, and to respond with expressions of compassion and comfort. Not Trump. In 13 hours of comments he made over a recent three-week period, The Washington Post reported that he spent a total of two hours attacking others, including the media, 45 minutes praising himself and his administration, and a total of just 4.5 minutes expressing rote condolences for Covid-19 victims and front line workers.

Trump doesn’t appear to make heartfelt connections with anyone, nor to value relationships beyond the extent to which they serve his immediate self-interest. Turnover in his administration — 85% in the first 32 months — dwarfs that of his five most recent predecessors for their entire first terms. Trump treats even his relationships with family members as transactional. Consider the way he describes his relationship with his father, arguably the most important influence in his life. “I was never intimidated by my father, the way other people were,” he explained to me for The Art of the Deal. “I stood up to him and he respected that. We had a relationship that was almost businesslike. I sometimes wonder if we’d have gotten along so well if I hadn’t been as business oriented as I am.”

Trump rarely speaks with affection about Melania, his third wife, or any of his children — with the exception of Ivanka — or his grandchildren. “I know friends who leave their businesses so they can spend more time with their children, and I say “Gimme a break,” Trump once explained. “My children couldn’t love me more if I spent 15 times more time with them.” But his children have sometimes described a different experience of their father. In 2004, Donald Jr. told a reporter that “My father is a very hardworking guy, and that’s his focus in life, so I got a lot of the paternal attention that a boy wants and needs from my grandfather.” In 2006, Trump’s younger son Eric mused that he was largely raised by his older brother. “My father, I love and appreciate,” he said, “but he always worked 24 hours a day.”

Ivanka is the one child Trump has often praised, including for being “voluptuous and having the best body.” When she was 26, Trump told hosts of The View that “If Ivanka wasn’t my daughter, perhaps I’d be dating her.” Trump’s most emphatic declaration of love during the past four years has been directed at North Korea’s Kim Jung Un, one of the most ruthless dictators in the world. “I was being really tough and so was he,” Trump said in 2018. “And we would go back and forth and then we fell in love. He wrote me beautiful letters. They were great letters, and then we fell in love.” What Trump especially admires in authoritarian leaders, among them Russia’s Vladimir Putin, China’s Xi Jinping, Turkey’s Recep Erdogan, and Brazil’s president Jair Bolsonaro — all of whom he has lavishly praised — is their ability to exercise absolute power. “I wouldn’t mind a little bow,” Trump once said. “In Japan they bow. I love it. Only thing I love about Japan.”

Trump expects and demands loyalty, but it only goes in one direction. His mentor, Roy Cohn, served dutifully as his attorney for many years. “Roy was brutal, but he was a very loyal guy,” Trump told biographer Tim O’Brien. “He brutalized for you.” For The Art of the Deal, Trump described Cohn to me as “the sort of guy who’d be there at your hospital bed… literally standing by you to the death, long after everyone else had bailed out”

As for Cohn, he referred to Trump not just as his client, but also as one of his closest friends. Still, when Cohn was diagnosed with AIDS in 1984, Trump effectively ended the relationship. “Donald found out about it and dropped him like a hot potato,” explained Cohn’s longtime secretary, Susan Bell. “It was like night and day.” According to Bell, Cohn wasn’t surprised. “Donald pisses ice water,” he told her ruefully.

The third trait that most characterizes Trump is his need for dominance, and the evident pleasure he takes in exercising it. “I love getting even when I get screwed by someone,” he explains in his book Think Big and Kick Ass. “Always get even. When you are in business you need to get even with people who screw you. You need to screw them back 15 times harder.” In the absence of a conscience to shape and limit his behavior, Trump defaults to a more primitive and predatory impulse. Life for him is a zero-sum game. He either wins or he loses, dominates or submits. This explains why Trump felt no compunction about lashing out this week at a frequent critic, Joe Scarborough, by falsely accusing him of murder, even in the absence of a shred of evidence to support his claim. Cruelty is second nature to Trump.

Perhaps nowhere is Trump’s need for dominance more evident than in his relationship with women, captured most vividly in his comments to Billy Bush on the Access Hollywood tape. “You know I’m automatically attracted to beautiful [women]. I just start kissing them,” he bragged. “It’s like a magnet. I don’t even wait. And when you’re a star, they let you do it. You can do anything. Grab ’em by the pussy.” More than 20 women have now publicly accused Trump of sexual assault.

Another tactic that Trump employs to assert his authority is declaring his unique expertise on virtually any subject. He instinctively disdains and dismisses the knowledge of experts, including scientists, and instead casts himself as the leading expert on anything and everything. Topics that Trump has claimed to “know more about than anyone” include ISIS, drones, social media, campaign finance, technology, polls, courts, lawsuits, politicians, trade, renewable energy, infrastructure, construction, environmental impact statements, nuclear weapons, banks, tax laws, income, money, and the economy. In fact, because he can never focus his attention for long, his knowledge about any subject tends to be superficial and severely limited. Trump has even felt free to contradict the health care professionals on his own team during the Covid-19 crisis, most notably in describing the potential healing power of injecting disinfectants into the body. “Every one of these doctors said, “How do you know so much about this?” he explained. “Maybe I have a natural ability.”

So what does all this tell us about how we can expect Trump to behave going forward? The simple answer is worse. His obsession with domination and power have prompted Trump to tell lies more promiscuously than ever since he became president, and to engage in ever more unfounded and aggressive responses aimed at anyone he perceives stands in his way.

In the end, Trump does what he does because he is who he is, immutably. The research now strongly suggests that the absence of conscience has a strong hereditary basis, even as it may also be activated by adverse childhood experiences. The genetic abnormality itself manifests in the limbic system, the set of brain structures involved in the processing of emotions. People without a conscience, it turns out, often have an undersized or under-active amygdala and less gray matter in the limbic area of the brain.

For four years, along with millions of other Trump critics, I have wrestled with the best way to respond to a president who is incapable of shame or empathy and cares only about his self-interest. There is no effective treatment for a person with these traits, and Trump wouldn’t seek one if there was, because he genuinely doesn’t believe there is anything wrong with him. The horrifying truth is that it’s precisely what he’s missing that gives him a permanent advantage over the vast majority of us who are guided by a conscience and concern for others.

Trump revels in attention, domination, and cruelty. “The sociopath wants to manipulate and control you,” explains Martha Stout, “and so you are rewarding and encouraging him each and every time you allow him to see your anger, confusion or your hurt.” Even so, in order to protect our democracy and our shared humanity, it’s critical to push back, calmly and persistently, against every single lie Trump tells, and every legal and moral boundary he violates. We must resist what Hanna Arendt has called “the banality of evil” — the numbness and normalizing that so easily sets in when unconscionable acts become commonplace. “Under conditions of terror, most people will comply,” Arendt has written, “but some people will not.”

Understanding what we’re truly up against — the reign of terror that Trump will almost surely wage the moment he believes he can completely prevail — makes the upcoming presidential election a true Armageddon.

Vote as if your life depends on it, because it does.

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A 1960s Lawsuit Against the KKK Can Help Protect Elections in 2020 Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=54789"><span class="small">Cameron Kistler and Nanya Springer, Slate</span></a>   
Monday, 22 June 2020 13:02

Excerpt: "The key to holding safe elections during COVID-19 lies in a small town in Louisiana."

People waited in line for hours to vote in Georgia’s primary election on June 9. (photo: Elijah Nouvelage/Getty Images)
People waited in line for hours to vote in Georgia’s primary election on June 9. (photo: Elijah Nouvelage/Getty Images)


A 1960s Lawsuit Against the KKK Can Help Protect Elections in 2020

By Cameron Kistler and Nanya Springer, Slate

22 June 20


The key to holding safe elections during COVID-19 lies in a small town in Louisiana.

t is no secret that COVID-19 has made election administrators’ task in 2020 exponentially more difficult. States like Wisconsin and Georgia, where elections took place after COVID took hold in the United States, have struggled to distribute absentee ballots and keep polling places open. The result is a dilemma that recalls some of the most sordid episodes in our nation’s history: Americans—particularly Black and brown citizens, who have both borne the brunt of the COVID epidemic and face disproportionate and discriminatory barriers to voting—were forced to choose between their personal safety and exercising their right to vote. But as a voting rights lawsuit our organization recently filed on behalf of a coalition of organizations and voters in Wisconsin demonstrates, lawyers and judges can find a good solution to the whole mess in Bogalusa, Louisiana. 

1960s-era Bogalusa, to be precise. 

Bogalusa may seem like an odd place to look for guidance here. Louisiana, after all, was not known at the time for having free and fair elections. And Bogalusa may have been the very worst place in the state on that front: The city had the highest rate of per capita membership in the Ku Klux Klan in the entire United States, and the local Klan was engaged in a widespread campaign of “terror and intimidation.” Klan members attacked civil rights activists and brandished guns at civil rights marches. They defamed and boycotted white moderates who supported desegregation. And they threatened any governmental officials—from the governor to the mayor—who dared to try to get in their way. 

Being the target of violence and intimidation by Southern racists was nothing new for members of local civil rights organizations like the Bogalusa Voters League, and they continued marching to obtain their right to vote and organizing to protect themselves against Klan violence. (You can find more about their story here.) But while the Voters League was undeterred, the same cannot be said of city officials. The officials who were not already openly sympathetic to the Klan quickly succumbed to Klan intimidation and abandoned their responsibility to protect residents’ voting rights by, among other things, looking the other way when the Klan tried to intimidate voters and civil rights protesters. 

The predictable result was an outbreak of Klan terrorist violence directed at voting rights marchers and advocates. In response, the Voters League and the federal Department of Justice filed lawsuits against the Klan and the city of Bogalusa for violating, among other things, federal civil rights laws. The lawsuits argued that not only was it illegal for the Klan to intimidate voters but that it was also illegal for the city to fail to take reasonable actions to protect those voters. The federal court agreed. It issued orders banning the Klan from continuing its campaign of terror and, importantly, requiring the city to act. It ordered the city to use all reasonable means to protect voting rights groups from violence and, among other things, to publish and commit to a plan for ensuring that the groups would be able to safely exercise their civil rights in Bogalusa. 

Fast forward to 2020, when Americans are subject to a force that threatens their physical well-being if they enter the public sphere in order to vote. That force, COVID-19, will systematically and disproportionately disenfranchise Black and brown communities who have to contend with both the highest mortality rates and an uneven, discriminatory distribution of voting infrastructure and resources. Like the Bogalusa officials, election officials may not be responsible for COVID, but they still have a legal obligation to take precautions to ensure that no voter is too scared to register or vote. This year’s voters should borrow the Bogalusa Voters League’s legal strategy and sue election officials who fail to protect voters from COVID. 

We’re arguing in court that a failure to take reasonable precautions to protect voters from COVID violates Section 11(b) of the Voting Rights Act, which makes voter intimidation illegal regardless of whether anyone intended for voters to be intimidated. The federal court in the Bogalusa case—along with other federal courts considering similar cases in Terrell County, Georgia, and Dallas County, Alabama—recognized that federal judges can indeed compel local officials to protect voters from intimidating forces that deter voting. In this case, the court would be ordering election officials to provide communities with in-person and absentee voting options that are safe from a virus rather than from the Klan. 

There are plenty of ways the courts could ensure voters are safe. As in the Bogalusa Voters League case, federal courts could order election officials to commit to a plan to ensure safe and easy voting in 2020, particularly in those jurisdictions that have historically disenfranchised the very same minority voters who likely face the highest health risks from electoral participation this year. And if that’s not enough, a court could go further and order elections officials to take specific measures such as, for example, setting up polling places to minimize transmission risks, ensuring that poll workers wear masks, and mandating absentee ballot drop boxes. Moreover, to the extent that state law (and not merely bureaucratic inertia) is responsible for unsafe voting conditions—such as is likely the case with many rules requiring in-person witnesses to absentee ballot signatures, as well as rules requiring an excuse before voting absentee—the court could determine that the need to comply with the Voting Rights Act supersedes state law. If done right, such an order would help to ensure that no voter is forced to choose between voting and personal safety in 2020. 

Even before COVID, this election was never going to be easy. Our near-historic levels of polarization, when combined with an aging elections infrastructure all too often affected by partisan maneuvering, were always certain to produce a number of hard-fought election law disputes. But in a country founded on the idea that government must derive its powers from the consent of the governed, we owe it ourselves to ensure that United States citizens are not forced to choose between their safety and their vote. 

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