Thanks to the Supreme Court, the new Texas voter ID law was in effect when early voting began in the 2014 midterm. The court upheld the Fifth Circuit’s stay pending appeal of an October 11, 2014 District Court injunction barring implementation of the law’s voter ID provisions. The last-minute injunction was issued by Judge Nelva Gonzales Ramos in an opinion whose content and timing make it smell suspiciously like the grievance industry’s race card.
[E]ven where specific discriminatory practices end, their effects persist. It takes time for those who have suffered discrimination to slowly assert their power. Because of past discrimination and intimidation, there is a general pattern by African-Americans of not having the power to fully participate.
It smells that way because Ramos is channeling Rev. Peter Johnson, “an active force in the civil rights movement since the 1960s.” Johnson apparently possessed Ramos by denouncing the “brutal, violent intimidation and terrorism that still exists in the State of Texas” because “east Texas is Mississippi 40 years ago.” Although the abuse is “not as overt as it was yesterday” it still exists in the form of voter intimidation because “there are still Anglos at the polls who demand that minority voters identify themselves.” Amazing. Not only that Johnson would say it, but that Ramos would repeat it. Apparently, getting your name checked off a list on your way to the machine is as intimidating as paying a poll tax or being lynched.
Johnson’s narrative is, according to Ramos, the “uncontroverted and shameful history” of Texas’ suppression of the minority vote. And his conclusion that nothing has changed becomes her excuse for ignoring Shelby County, Alabama v. Holder, the 2013 decision that struck down preclearance, the most oppressive and discriminatory feature of the 1965 Voting Rights Act (VRA). If east Texas is still 1960s Mississippi, then Shelby County’s requirement that “current burdens” imposed under the VRA “must be justified by current needs” doesn’t apply, and white Texans deserve to have Judge Ramos in their face calling them racists.
To prove things are just the way they’ve always been, Ramos trots out a timeline that proves they aren’t. At one time or another, the post-Reconstruction Democrats who once dominated Texas politics had white-only primaries, a literacy test, a poll tax, and annual reregistration. But there’s a small problem. These abuses have about as much to do with the Texas voter ID law as Lyndon Johnson picking a dog up by the ears. The last white-only primary was in 1944. The poll tax went away in 1966. The literacy test in 1970. Roll-purging and annual reregistration ended in 1976. So, has there been enough time for black voters to recover from having been discriminated against in 1976? 1970? 1966? 1944?